PL-REZ-2022-000032 J. MATLOCK TESTIMONY 10.18.2022

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LPc i{eM 42 &I'4SI Ap- Mdjt j3s, Uc (Pl- PEZ2022-0O0032) Araujo, Jaclyn From: janet Matlock <matlock.janet@gmail.com> Sent: Tuesday, October 18, 2022 2:00 PM To: LPCtestimony Subject: Oppose item #2, Sunshine Holdings, LLC Aloha Leeward Planning Commissioners, Thank you for this opportunity to comment on Agenda Item 112, PL-REZ-2022-000032 request by Sunshine Holdings LLC, at 73-1735 Kaloko Drive, TMK 7-3-25:12. This is yet another example of a property being rezoned, in this case apparently in 1998, then being brought back years later for an extension of time to develop. As you well know, Bill 194 is also being considered by the Commission today to address this ongoing problem of developers securing zoning changes and then leaving projects to languish. As appears to bathe case here, these properties often change hands and then return years — decades— later requesting even more time. The Planning Director's (standard language) recommendation reads, in part, "The non-performance on timed conditions is the result of conditions that could not have been foreseen or are beyond the control of the applicants, successors or assigns, and that are not the result of their fault or negligence. The applicant acquired the subject property under foreclosure on May 11, 2022, with the goal of completing the proposed, four ( 4)- lot subdivision as envisioned by the previous owner. According to the applicant, it is unknown why the former owner could not complete the proposed subdivision within the time frame stipulated in Ordinance No. 98 91, however, the applicant intends to complete the subdivision as represented in the original ordinance, thus the additional time to complete the subdivision is necessary." The application indicates Sunshine Holdings LLC is a Hawaii -registered limited liability companywith a residential address in Highland, Utah. Their registered agents are in Honolulu. I couldn't learn more at the Hawat.gov DCCA website as the General Information page stated on 10/18/2022, "This business is not in good standing." Evidently, they are behind on their paperwork. Why would an apparent out-of-state LLC purchase a property in foreclosure, with a zoning that was expired? I don't know; I'm not a real estate investor. My best guess is they saw an opportunity to make a profit in a place where developers are frequently given zoning extensions, regardless of whatever growth or changes have happened locally in the years since the original zoning was changed. This precisely is the type of application that Bill 194 intends to begin to address Please do not forward this application with a positive recommendation. Further, please do not consider or forward any extension of time application that is or soon may be in process. The time to stop this churning is now. A project that is proposed for 2022 should be evaluated based on 2022 conditions, not those of 1998, or 2008, or 2018, or... Mahalo nui for your consideration. janet Matlock Kailua Kona 'd at�ttg by rd Rtad� MA OOPT