PL-SMA-2023-000038 02.16.24 M. VAN PERNIS TESTIMONY

Home

Araujo, Jaclyn From: Mark Van Pernis <mvpvv@hawaii.rr.com> Sent: Friday, February 16, 2024 10:16 AM To: LPCtestimony Cc: Inaba, Holeka; Villegas, Rebecca; Kimball, Heather; Evans, Cynthia F.W.; Kona Letters; Mark Van Pernis Subject: 2/29/24 Agenda, Item 4 of New Business, PL-SMA-2023-00038. Kona Hawaiian Development LLC The Hilo based West Hawaii Today on 12/15/23 reported that the Leeward Planning Commission (LPC)will consider another developer's proposed development for the obnoxious and partially constructed structure on the site of the old miniature golf place. What isn't reported and the Commissioners should know is: 1.That the proposed project's approval is more than 25 years 101d, with no completion, and it was (mis•)represented in the 1990s beginning that all would be done in five years from approval; 2,The original applicant developer had no intention or ability to build that project, and merely wanted approval so he could sell it to another developer, which he did for a big profit, and so too with subsequent sales and transfers; 3. Several more delays were obtained free of any charge, public hearing, penalty, or additional imposition,with the county getting nothing but more empty promises; 4.The property became a hangout for the homeless and drug dealing; 6. A few years ago (while I was on the LPC ), a new developer wanted another delay and a change in the obsolete design, without penalty or, charge, i,.e to up the delay to over 30 years, and without any requirement to finish construction by any date, and without a contemporary traffic study or inquiry into how the neighborhood had greatly increased in density over the decades;, are mayoral appointees, without educational training in planning for the future, How does decades of delay for the benefit of sequential developers plan for the community's future and well- being? Represent West Hawait and say"No", and have the cement monstrosity removed. The County of Hawaii Department of Finance, Real Property Tax Division, indicates the owner if this property is an entity, NOT THE LLC APPLICANT. The applicant has no ownership interest of record. Thus it has NO STANDING to apply for an SMA permit. Who is responsible for the structure/monstrosity?Who is making promises now and who is subject to conditions? Why is the applicant refusing to submit documentation on "rights"without any ownership to the Commission and the Corporation Counsel for review. No permit can issue with out such information to a non- owner. Don't let smooth and subjective talk mislead your prevent you from doing your job as C9ommissioners for West Hawaii's people. Since the project's prior approval 25 years ago, there has been a huge amount of commercial and residential development on adjoining or nearby Kapahulu and Walua roads, restaurant improvements on the mauka side of Alii Drive across from the project have forced all pedestrian traffic to the makai side of Alii Drive in front of the project site, beach park improvements were made just south of the project, Alii Drive has become traffic jammed, and the nearby substandard dangerous Walua Road-Alii Drive intersection is much more congested, needing better signage or perhaps a street light. In the prior application, Hilo's Mr. Fuke as representative, admitted that the population and vehicular and pedestrian traffic had grown about 300%since original approval wth a prior applicant; but he argued that a traffic study conducted in the 1990s was sufficient. For this new application a new traffic study is a prerequisite. There was talk in the prior hearing of denying further totally unjustified delay altogether, particularly because there were NO extenuating circumstances (such as floods or labor strikes, not mere convenience of the applicant), beyond 1