HomeMy WebLinkAbout2024-11-18 Kathleen Flynn From: kathleen
To: LPCtestimonv
Subject: Fwd: URGENT REQUEST for delay of SMA Use Permit Application(SMA 21-000078)
Date: Monday, November 18,2024 2:46:06 PM
Begin forwarded message:
From: kathleen <kflynnpowers@gmaiLcom>
Date: November 18, 2024 at 12:09:34 PM HST
To: planning@hawaiicounty.gov
Cc: alex.roy@hawaiicounty.gov, info@Iandplanninghawaii.com,
smittyberta@gmaiLcom, Kai Hall <lisasplanet@gmaiLcom>,
wmklddog@yahoo.com, Bernadette Schrempf<beschrempf@gmaiLcom>
Subject: URGENT REQUEST for delay of SMA Use Permit Application
(SMA 21-000078)
November 18, 2024
Hawaii County Planning Department
Re:
Request for Continuation (Postponement) of
JEKATERINA MYSIN SPECIAL MANAGEMENT
AREA USE PERMIT APPLICATION (SMA 21-000078)
Aloha Respected Members of the Planning Commission
and the Planning Department
I am writing to formally request the immediate
continuation (postponement) of the JEKATERINA
MYSIN SPECIAL MANAGEMENT AREA USE PERMIT
APPLICATION (SMA 21-000078), which is currently
scheduled for review as Agenda Item #1 at the
upcoming Leeward Planning Commissioners Meeting
on November 21, 2024. This request is not made
lightly, but is rather grounded in fundamental principles
of public transparency, due process, and the integrity of
the planning approval process.
This application cannot, and must not, move forward as
scheduled given the current circumstances:
There are several critical reasons why the Leeward
Planning Commission must grant this request:
1. Multiple Site Plans and Confusion in the Public
Record:
The public has been presented with multiple,
conflicting site plans and usage for the same
application, there is mass confusion about what is
being proposed and what the public is expected to
support or oppose. With the public comment period
ending today at 4pm, it is imperative to delay the
meeting until a clear and accurate record is
established. This confusion creates significant
ambiguity around the proposed permit itself,
leaving the community uncertain about what is
being supported or opposed.
The public deserves a clear, accurate and unified
permit proposal to comment on, and not an ever-
evolving series of submissions that make it
impossible for anyone to provide informed
feedback.
2. Outdated Background Report:
The County of Hawaii Planning Department's
Background Report is severely
outdated considering the latest plan proposals,
that now include an underground parking garage,
instead of the street level parking that the
Background Report was predicated upon.
The project's scope has expanded dramatically,
shifting from a minor ground-level intervention to a
major excavation project digging 9 feet into lava
rock. The original Background Report is obsolete
and irrelevant based on the most current site plans
of record. The original Background only accounts
for ground-level grubbing and grading work, and
does not have any mention of the stockpiling and
excavation outlined in recent submissions.
The public relies upon the completeness and
accuracy of The COUNTY OF HAWAII
PLANNING DEPARTMENTS BACKGROUND
REPORTS to make informed decisions to
approve or oppose delicate SMA permits.
The current Background Report cannot serve as
the basis for any decision-making or public
comment, as it does not accurately reflect the
plans currently submitted in the official record or
resemble the original application on which the
Approval Recommendation was granted.
The record must be accurate and updated to
reflect the most recent and complete information
before the public or the Commission can evaluate
the Permit Request. The continued reliance on this
outdated Background Report constitutes a material
breach of due process and is a fundamental
violation of the public's right to know and
participate in the
decision-making process to approve or disapprove
of this outdated Background Report.
3. Violation of Sunshine Laws and Public
Transparency:
As we know, Hawaii's Sunshine Laws demand
absolute transparency in public processes,
especially for projects of this scale and impact fails
to meet those standards. The public is
being denied the necessary time and
opportunity to properly review the various and
inconsistent and ever changing plans, assess
their implications, and provide meaningful input.
This is a clear violation of their rights to participate
in a transparent decision-making process. This
record is extremely clouded and clearly not
transparent as required by law.
4. UNPRECEDENTED OPPOSITION:
As of 11am this morning the County has
received 100% OPPOSITIONAL TESTIMONY
and ZERO LETTERS IN SUPPORT OF
APPROVING THIS PERMIT AS WRITTEN.
This level of public opposition underscores the
need for a meticulous, accurate and
comprehensive review to assess the reasons for
such opposition to this permit in our Kona
Community.
5. Insufficient Time for Public Due Diligence:
Even if the applicant, Mr. Mysin, were to withdraw
one or all of the multiple site plans currently on the
record, the fact remains that the public has been
denied adequate time to conduct the required
due diligence, which denies their rights of due
process. This application has been essentially
dormant since 2021 , and now, with an impending
Planning Commission Review in 3 days, the
community is left with insufficient time to
meaningfully decipher the record as it is currently
presented, and does not have an the ability without
an accurate record to make informed choices or
participate meaningfully in the approval or denial
process.
6. Public Opposition and Concerns in 2021 :
It is critical to note that in 2021 , there was
overwhelming public opposition to the original
application and the public has not been fully
informed about the subsequent changes to the
ever evolving site plans.
Given the overwhelming history of public
opposition and the current lack of transparency, it
would be irresponsible for the Planning
Department or The Leeward County Commission
to move forward with this decision without first
ensuring that the public has an accurate record
reflecting the correct building of this permit with
corresponding accurate plans, changes and an
updated Background Report reflecting the drastic
changes since the original application and the site
plans. The Background Report, predicated on the
initial submission, is now obsolete and does not
accurately reflect the revised permit submissions.
Given the above, I respectfully urge you to grant this
request for a continuation of the JEKATERINA MYSIN
SPECIAL MANAGEMENT AREA USE PERMIT
APPLICATION (SMA 21-000078). The integrity of the
process, adherence to Hawaii's Sunshine Laws, and the
fundamental rights of the public to be heard and make
informed decisions based on transparent and accurate
information must take precedence over any
schedule. Given the contradictory and outdated
information in the public record, the only reasonable
course of action is to postpone the upcoming Leeward
Planning Commission Hearing until the record is
transparent and the public is 100% clear on what the
proposed plan is for this permit application.
Thank you for your time and attention to this matter. I
look forward to your prompt action in ensuring that this
application is handled transparently, fairly, and in
accordance with the law.
Mahalo for your postponement of this deeply flawed
Agenda Item #1 .
Respectfully and with Aloha,
Kathleen Flynn
75-6150 Ali'i Drive #5
Kailua Kona, Hawaii 96740