|
I wanted to just briefly address the issue of Community Development Plans and the conflicts that
<br />had become a political issue, I say, unfortunately. A lot of time went in to these development, these
<br />plans, a cross section of community input. I am familiar with one that I think is very well balanced,
<br />isn’t anything radical in there. My feeling is if there is issues between the General Plan and the
<br />CDP, they should really work hand in hand on the long haul, and we need to figure it out so that it
<br />occurs that way. There should not be a conflict, as far as I’m concerned. We all have the same
<br />objectives to protect the land and do what’s right for the county. And I’m hopeful that out of this
<br />discussion that there will be more discussion in the area. And the bottom line is public input,
<br />making our, can’t do anything about the federal government, difficult with the state government,
<br />hopefully locally we can figure it out so we can all work together on the same plane and find
<br />solutions, positive solutions that everybody can live with and where the county can grow but grow
<br />in a pono manner. Mahalo.
<br />
<br />BEAUDET: Thank you for your comments. Appreciate that. Sir, if you could state your name.
<br />
<br />VAN PERNIS: I’m Mark Van Pernis. I’ve been an attorney in Kona for over 30 years. For clients
<br />and as a member of a hui I’ve developed a lot of land. The P.U.D. process is a huge loophole, a
<br />goldmine exploited by land planners and attorneys. It’s a way to get smaller lots than what the
<br />zoning allows. For instance, in one proposed project before the County they proposed 7,000-square
<br />foot lots in an area of 15 and 20,000-square foot lots. That depreciates the value of all the adjoining
<br />property. This is a huge loophole, which this bill closes, and I compliment the County Council on
<br />coming up with it. The P.U.D. process saves developers a huge amount of money in infrastructure
<br />costs, and that, of course, is at the expense of the county. I’ll give you one example where I was
<br />involved in litigation in South Kona; the covenants of the subdivision allowed only for five-acre
<br />lots, the developer took one of the lots, one large remnant lot, and proposed a three-acre
<br />development, huge development, with the Conservation classified land as a remnant lot. The
<br />County approved it, the County Planning Director at the time approved that, and there was a huge
<br />amount of financial agony by the developer and there was litigation by the neighbors and the
<br />development did not take place. This, without the, if they, they had no opportunity to publicly
<br />testify about their ranches about the covenants; it was the sole discretions of Planning Director that
<br />caused all this problem. You, I’m sure, are familiar with other litigation where the P.U.D. process
<br />has been stopped. This allows a developer to present lots not in conformance with the zoning;
<br />that’s what people call Planned Unit -.
<br />
<br />BEAUDET: Excuse me, Mr. Pernis, if I could interject. Before us is the decision to support or not
<br />support Bill 281. I think we are all pretty much aware of the P.U.D. process and where it currently
<br />is and where it may go. So I would just ask that you keep your comments in support of or not in
<br />support of what is the decision today.
<br />
<br />VAN PERNIS: Well, I am in support of the bill, and ask for it be recommended and passed by the
<br />Planning Commission, without reservations. The reality of the P.U.D. is that it’s a rezoning and it’s
<br />a subdivision, and, therefore, there should be public input. And that is not allowed under the current
<br />system. This bill resolves that issue, and presents subdivision to you folks for consideration. I
<br />would close by saying I emphasize that you folks represent the County of Hawai‘i and its citizens,
<br />not developers. Therefore, I would ask you for an unconditional support of this bill. Thank you.
<br />
<br />BEAUDET: Thank you, Mr. Pernis.
<br />
<br />6
<br />EXHIBIT A
<br />
<br />
|