PL-REZ-2022-000017 A. ESHABARR TESTIMONY 11.15.2022

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Araujo, Jaclyn From: Antonio Eshabarr <fxresh@aol.com> Sent: Tuesday, November 15, 2022 6:02 AM To: LPCtestimony Subject: Oppose Item # 2, Applicant:Shawn Maile Nakoa, Esq. (PL-REZ-2022-000017), TMK: (3) 7-7-008:062 Aloha Planning Commission members: I wanted to express my opposition to the subject subdivision for the following reasons: 1. The application for this subdivision, submitted by Land Planning Hawaii (LPH), stated it would post a sign regarding the rezone application at the property's entrance. There is no visible signage at the entrance to the property at Pomaikkai Street or Kuakini Highway. 2. The applicant "does not believe" that rare or endangered floral or fauna are likely to be found within the subject site even though there were no professional surveys conducted. Each of the subject species named, Hawaiian Hawk (I'o), Hawaiian Owl (Pueo), and the Hawaiian Hoary Bat have all been observed hunting on and around this property and the surrounding areas. 3. The Planning Director's recommendation again includes language to potentially extend the application approval from 5 years to 10, for a variety of reasons that usually are rotely approved. This follows the letter but not the intent of Bill 194, introduced by Councilperson Inaba and approved by both Planning Commissions. The intent was to stop having projects go dormant and be revived years later. All this language does is bypass the Planning Commission directly to the Council - which may have the unintended consequence of removing, not adding, oversight and public input.it would seem that if standard language can be changed from "Planning Director" to "Deputy Planning Director" - in acknowledgement of the conflict of interest with the current Director's former firm being they applicant's representative - then surely the language on extensions can be removed. 4. The DOT specifically requested the applicant only access the property from Pomaikai Street, not Kuakini Highway for safety reasons. LPH continues to push for Kuakini Highway access, stating, "As the lot layout has not been finalized, the applicant wishes to retain the possibility of access to Kuakini Highway by one resulting lot if required by other factors. There are two concerns here. The first, obviously, is public safety. The second is that LPH also represents out-of-state landowners who have applied to build a cul-de-sac subdivision off Kapukapu Street. LPH has already stated in writing that they have contacted owners of the parcels between the Kapukapu property and Kuakini Highway to explore options to access the site. Mahalo for your consideration Antonio Eshabarr 77-205 Kapukapu St Kailua Kona, HI 96740