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Then you look at for other reasons why the Commission or the Department might recommend
<br /> denial. The infrastructure - - -; you don't have enough water, you don't have enough sewer, you
<br /> don't- - -. But here is a situation, you have the water, there is a county sewer line right below the
<br /> street, and the State Department, there's a traffic study done, their mitigation has been proposed
<br /> pursuant to an approved traffic study by the State Department of Transportation. I just mentioned
<br /> that, you know, the Department of Transportation reviewed the traffic study, and they concurred
<br /> with that study.
<br /> The other reasons why like maybe a project might be denied is that you have unresolvable
<br /> environmental or also historical issues. Say, for example, you have a major floodway going through
<br /> the property; there is no way that you want to have development be occurring in that area. Or if you
<br /> have like archaeological sorts of things that cannot be resolved, then, you know like, then they are
<br /> basis for its denial.
<br /> So then, you've got to ask yourself like why is the Planning Director recommending—if you look
<br /> through, you know, like three or four pages and 15 minutes of recitation of the reasons why, you
<br /> know, they talk a little bit about the General Plan saying speculation, they are talking about
<br /> separating the Land Use Commission process. But the linchpin argument is really that if you want
<br /> the project, the landowner, to go through the State Land Use Commission at the Project District
<br /> rezone, now we all know that that's a process that's very time-consuming, that's very expensive, and
<br /> most critically, you don't know the outcome. Maybe you like the project. But what if the Land Use
<br /> Commission denies it or imposes conditions that are totally, amount to like an impossible situation
<br /> for the developer to pursue.
<br /> So what it boils down to I think, there are two ways of like how this application can be processed.
<br /> One is that you can take what the Director or the staff has recommended, stay denial, and then force
<br /> the developer to go through the Project District and the State Land Use Commission - - -, and I've
<br /> already explained some of the liabilities behind all that. Or on the other hand, you can take the
<br /> recommended approach; you can pick and choose what you want from the conditions to favorably
<br /> recommend and conditions you don't want to favorably recommend, but take it up to the County
<br /> Council and let the Council make the decision. Now, in so doing, what you do is that you are
<br /> keeping the decision-making down to this level; you are not kicking the decision-making up to nine
<br /> Land Use Commissioners of which seven of them don't reside on this island. So I guess what I'm
<br /> asking, you know, as dealing really like with this Commission, is that if you can put your real life
<br /> common sense to the end result and ask yourself, you know, given the County's high unemployment
<br /> and the economic uncertainty especially created, excessively created, by the COVID-19 issue, you
<br /> know, shouldn't government be more encouraging and supportive of private initiatives? Especially
<br /> on a project that, number one, is consistent with the CDP and the General Plan, as recommended,
<br /> you know, by planning, two previous planning directors and the County Council, project that could
<br /> help the economy, provide much needed jobs, provide goods and services, provide affordable
<br /> housing both for sale and rental, provide much needed road connectivity between Kuakini Highway
<br /> and the Queen Ka`ahumanu Highway extension.
<br /> So I presented to you at the last Commission meeting, and I think I also emailed it to Planning staff
<br /> to provide it to the Commissioner who was not there, you know,proposed recommendations for both
<br /> the Suffolk and the Puaa applications. Now, I had to do that because otherwise, you know, should,
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<br /> EXHIBIT D
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