2020-02-20 Leeward Exh D (AMEND REZ 2004-024 & AMEND REZ 2004-025)

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mind, allows other processing options aside from just going through the Project District. If you look at the, you know, the figure that shows about where the TODs are established, they show all of these property lines; these property lines, it's rare, you are going to find like one property that has more than 50 acres in size. So to be able to effectuate a TOD, or, you know, through a Project District, you have to get, you have to assemble all of these properties, get all of these different property owners together, and it becomes an impossible feat. So only two developers that I know of, and there may be others, I know of two developers that are going through this TOD process, and it's been a long and laborious process. One is Palamanui and the other one is Makalapua, and which is, and they are owned by, Makalapua is Lili`uokalani Trust, and Palamanui, we know Palamanui. But land establish becomes an issue. And so what does the CDP say? It says like, you know, many parcels do not meet 50 acres, so Section 4.2.2 states that the establishment of a TOD should be encouraged, as long as the proposed rezoning conforms to the CDP in terms of general location and concept, the legislative rezoning should be expedited. So I ask you: Look at the map, isn't this like the TOD area? Even if you look at the Director's recommendation on Page 6 of his recommendation, he says, "the CDP has already identified the property and surrounding areas as a Neighborhood TOD, so this does not need to be done through conditions of[approval of] individual rezone ordinances." So everybody is saying, the map is saying, the Director is saying, this is a TOD area. So why then do we necessarily need to go through, you know, project like this, necessarily need to go through a Project District. You can have it incrementally implemented. And if you go, if you look at other TODs, you are going to have no other option but to have TODs established only incrementally just purely based on the parcels. So, in summary, from a locational infrastructure and land use perspective, it's clear that the area is de facto a Neighborhood TOD. Secondly, the CDP does not mandate a TOD to be created only through the Project District route and in one application. But you can have multiple applications, and you can have like individual rezoning. The other thing that the Director,the reason the Director recommended denial was that it can't, it's a segmentation review because we bypassed the State Land Use Commission, and the applicants have interest in other parcels to make up the 50-acre, you know, TOD requirement. But as I mentioned earlier, first of all, these guys had no responsibility in creating these 14-acre lots subdivision; they bought the property as is. It was done by Westpro. They just bought the property. Secondly, it's that like for them now engaging other properties and putting it all into one package now, you know, it's not economically feasible. It means that when you have like a 50-plus acre property and you are going to do a Project District, the only person that can do it, the only type of business that can do it, would have to be a large developer; you cannot have smaller developers like Puaa or Suffolk to be able to do it. Even this project itself, they needed to get a strong backing like Spring Capitals, you know, to kind of come in. So if you increase the size of the project, you have a greater potential for these guys, you know, out of necessity now, having to spin off portions of the property. And, you know, the State Land Use Commission, for those of you who had directly or indirectly had the experience of going before the State Land Use Commission, have understanding that how time consuming and costly it can get. But more than, more that the time consuming and costly, you know the cost aspect, I think I would have to prevail upon like this body over here to look at yourselves and you ask yourself like who is a better decision maker for land use matters like this? Should it be the State or should it be the County? If you have the State, you are lucky if you are going to have two representatives of, you know, from this island. It's a nine-member commission. So I would 16 EXHIBIT D