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HomeMy WebLinkAbout2024-11-18 Kai Hall From: Kai Hall To: LPCtestimonv; info(cblandnlanninahawaii.com Subject: re: URGENT Request to Postpone and Continue at a Later Date to clear up the confusion surrounding the JEKATERINA MYSIN SPECIAL MANAGEMENT AREA USE PERMIT APPLICATION(SMA 21-000078) Date: Monday, November 18,2024 12:20:16 PM Aloha Esteemed Members of the Planning Commission and Planning Department, I hope this message finds you well. I am reaching out to respectfully request the immediate postponement of the JEKATERINA MYSIN SPECIAL MANAGEMENT AREA USE PERMIT APPLICATION (SMA 21-000078), currently scheduled for review at the Leeward Planning Commissioners Meeting on November 21 , 2024. It is absolutely necessary due to serious concerns regarding public transparency, due process, and the integrity of this planning process considering the conflicting documents in the Laserfiche Weblink. It has become clear that moving forward with the hearing as scheduled would not be in the best interest of the public, nor would it allow the Planning Commission to properly fulfill its duties. There are several significant issues that must be addressed before any further action can be taken, or a meeting can be called with such confusing records. First and foremost, there is considerable confusion surrounding the site plans associated with this application. Multiple versions of these plans have been submitted, some of which appear to contradict one another, leaving the public uncertain about what exactly is being proposed. The public deserves a clear and consistent proposal to review, not an ever-changing set of documents that make it impossible to form a definitive opinion. With the public comment period ending today, there is simply no time left for the community to adequately understand and respond to these multiple site plans in the official record. Without a coherent and finalized proposal, the decision-making process is compromised, and it is unreasonable to expect the public to provide meaningful input under these confusing circumstances. In addition to the confusion around the site plans, the Background Report from the County of Hawaii Planning Department is woefully outdated. The report, which was prepared before the latest revisions to the application were made, does not account for the new underground parking garage or the major excavation work that is now part of the proposed permit. Originally, the report was based on a relatively simple grading and grubbing plan, but the project has since evolved into a significant construction effort that requires digging 9 feet into lava rock and involves stockpiles and deep excavation not mentioned in the permit or the written Background Report. Given that the Planning Department's Background Report is built on obsolete information, it can no longer serve as a reliable foundation for any decision-making or public comment. It is imperative that this report be updated to reflect the current plans before any further actions are taken. Continuing to rely on this outdated information is a breach of due process, as it undermines the public's right to make informed decisions based on accurate and up-to-date facts. Moreover, the public's right to transparency has been significantly compromised in this case. Hawaii's Sunshine Laws mandate that all public processes be open and accessible, especially when they concern projects of this scale and potential impact. Unfortunately, the way this application has been handled thus far does not meet the standards of transparency set forth by the law. The submission of multiple conflicting plans, the outdated background report, and the rushed timeline all prevent the public from fully understanding the implications of this project. It is a clear violation of the community's right to participate in an open and transparent decision-making process. Compounding these issues is the unprecedented level of opposition this project has received. To date, there is not a single letter of support for the proposed permit in its original or current form. This speaks volumes about the concerns of the Kona community. It would be irresponsible for the Planning Commission to ignore such a clear and overwhelming expression of dissent without taking the necessary time to thoroughly review and address the reasons behind this opposition and to provide an accurate record and non-conflicting record. It is also important to consider the context of this application's history. In 2021 , the original proposal faced overwhelming public opposition. Given that the plans have changed several times since then, and the public has not been adequately informed about these changes, it would be irresponsible to move forward with this decision without first ensuring that the public has access to a complete and accurate record. The plans and the background report must be updated to reflect the current scope of the project, including all of the revisions made since the original submission. Without these updates, the record cannot be considered complete, and any decision made would be dones so with inaccurate information and confusing and opposing documents, which is not in the best interest of our Kona community. The timeline is simply too rushed to allow for the necessary scrutiny of the conflicting records and documents and to clear up the confusion caused by the multiple revisions and entries surrounding the original permit, the current permit, the revised permits and the outdated background report that does not reflect any current permit. The public's right to participate in this process should not be sacrificed for the sake of expediency. For all of these reasons, I strongly solicit you to grant a postponement of the review for the JEKATERINA MYSIN SPECIAL MANAGEMENT AREA USE PERMIT APPLICATION. The integrity of the planning process, adherence to Hawaii's Sunshine Laws, and the fundamental rights of the public to participate in an informed and transparent process must take precedence over any schedule or timeline or published agenda. The current confusion, outdated information, and lack of public clarity make it impossible for the public or the Planning Commission to move forward with this matter responsibly. A postponement is the only reasonable course of action to ensure that the community is fully informed and that this application is handled in a fair and transparent manner for our Kona Ohana. Mahalo for taking the time to consider this request. I trust that you will act in the best interest of our community, ensuring that this process is handled properly and in accordance with the law and remove all confusion and provide an accurate record surrounding this overwhelmingly opposed permit application. I look forward to your prompt decision on the important matter of postponing this matter until the record can be clear and the confusion can be abated. Mahalo for your attention to this request for postponement. David Oasay Owner Ala Ka La #8