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Home My WebLink AboutCOM 0898.010 2020-2022 fJ'ill 1- From: teat invpvv@a hawaii rrcom Subject: Pending bill ��? AUG I 1 Date: August 8,2022 at 8:09 AM t AN 7: 30 40 To: Nonko Sauer noriko sauer R hawa icounty.gov Cc: Holeka Inaba hoieka inaba�K hawaiicounty.ciov This and prior County Councils are responsible for the severe degradation of public infrastructure and lack of affordable housing in West Hawaii.Ten to twenty thousand housing units in West Hawaii have been approved with infrastructure and affordable housing requirements based on needs and studies 15 to 25 years ago,but have not been built.Why this dereliction of duty to the constituency? Because Planning Directors in Hiro and County Councils have been"nice"to the applicants and their buyers by handing out free delays of 15 to 25 years even 40 years as to one condo project off Alii Drive and Karn III Road. THERE IS NO AUTHORITY FOR THE HILO BASED PLANNING DIRECTOR TO HAND OUT THESE FREE DELAYS,all without public input or Council decisions as to additional infrastructure and affordable housing accumulating during the long delays.Delays in the implementation of an ordinance are exclusively the kuleana of the Council!The Director gives himself that power without any authority by writing it in the development ordinance for the applicant. Also written in is a requirement that DELAYS BE THE RESULT OF CIRCUMSTANCES"BEYOND THE CONTROL"OF THE APPLICANT. It is well established that"beyond the control"means things like floods,labor strikes, etc. But the Planning Department/Director admits that it has NO STANDARDS OR RULES FOR"BEYOND THE CONTROL"and regularly grants delays for for any reason,mostly for reasons within their control,such as for a buyer or a desire for a bigger profit. A request to a Director has rarely,if ever, been refused.. While the applicantideveloper's bottom lime inreses,the residents of West Hawaii take a beating.thanks to the Director and the Council. Use your authority! Take the fifteen years of irresponsible delay away from the unauthorized iDirectorl A sunset clause will do that, and is good land planning! In my experience,big developers/applicants have NO INTENTION OF DEVELOPING OR BUILDING INFRASTRUCTURE AND AFFORDABLE HOUSING and usually don't have the money when original applications are filed and delays are sought.(Yes,they will lie to the Co:incil)) Their representatives merely want their infrastructure and affordable housing contributions set on the then needs,so they have a complete package project to sell for a huge profit based on the zoning naively handed out by the Council.Then they later get the nearly automatic free delays in five years increments from the Director. So the applicants get millions in added value while the County gets nothing but empty promises? This happens so often that it is a regular practice,dependent on an always willing director and Councils that don't know and consider the contemporary and future needs of West Hawaii while being"nice"to developers. Requiring a sunset clause in all development and SMA applications approvals is the simple and modern way to end these abuses and the resulting assault on West Hawaii From New York to San Luis Obispo sunset clauses are used in modern land planning by authorities. Development actually increases.Sunset clauses give developers and residents assurances r and guidelines,make developers honest,make Planning Directors'jobs easier and less prone to corruption, restore faith } J' in good land planning that isn't tipped in the developer's favor, give residents some certainty in getting contemporary infrastructure and affordable housing,and, importantly,put excessive delay in the hands of the Councils,where it belongs, and for which there is authority,and where the residents of West Hawaii can be represented.The zoning should remain after the"sun sets" Who would be against a sunset clause,and why? Just taking out the unauthorized delay power of Directors for causes"beyond the control"would make the situation worse Because Directors could allow unspecified and interminable delays for any or no reason,since their practice is to recommend delays even after ordinances have expired[ Over the last 25 years,West Hawaii averaged a 6%annual growth rate! Tha's why 100%to 175% more infrastructure is necessary when a major project is delayed 15 to 25 years.East Hawaii has averaged 1%to 2%. Is this why the East Hawaii council persons and the Directors don't get it? Already,this and prior Councils must take responsibility for the terrible traffic jams on Queen Kaahumanu and Henry Street,the traffic problem on Alii Drive at the cement monstrosity parking garage/homeless hideout,(Diamond Internatiooal-delayed since 1998,without a current traffic study,and sold), the traffic jam during rush hours on Mamalahoa and Palani (extensions totaling 25 years given Palamanui for the bypass road from Mamalahoa to Queen Kaahumanu),and soon on Hualalai Road from Queen Kaahumanu to Mamalahoa,as well as making substandard Kai Imi Nani a major collector road when it was built to be a dead end serving only Kona Paglisades subdivision. All and more are the result of mindless automatic delays in neighboring developments, i.e.the lack of a sunset clause. Stop the bleeding,assume your responsibilities,do your jobs,protect West Hawaii,make a sunset clause for development real! t�'J� Ref.To: �1 Ref. Dote 6 2022' Comm. No. V MYTURN I MAR NWAINS The Planning Department also admits that it does not have set far definin definitions or standards Howthe. g"beyond the control'Instead,it , applications for d ordinance has ��,,,, �+ `^"'J,even if the not ask for y vi and does dep d circumstances of "beyond the control."This results in favorable Tecommendations for lengthy delays with no , proof Of'beyond the control"and no additional ` ," iiilr� n ichire which surely results&o lengthy dela For. m the on the n Instance the traffic j +Queen gaahumanu Highway,Henry Street and the >4hernalahaa High Y> car r vva n pp Off M2k Alii Drim to mom'd�dationofwaters Wee H ve front cesspool runog etc The solution is a _ V,,; development sunset clause in all i�d s�"modernland p�anowand,SMA pe�,s,as lruinn�g irequ;zes,If a eveloper. apply,Is not Wit°�*'proe:-rt shouldn't The Haw*County Planning Dcpartan t, a big Payday� 't tun for needs to modernize and.do better-fcr West a big emeiits that setting of of re Hawaii,giving developers and the public Attractive Konaquickly become obsolete. definite guidelines,�P proper archaic always attract developers, authority in the County Count,indrease The Puce ofone Hilo based guy the public confluence and respect far the, b ` giving out time extensions far West Hawaii land planning process,and level the playing without public consideration for new needed field where it often that licant infrashvcture shdnld end,and"sunset appears aPP should re Provisions developers are favored over the public. and Place ihaThe Platounig mens Specific examples of recent applications to director's jobs Would be easier beoauge Hien Plarming Department and the Leeward they wouldn't have to decide on giving unilateral Planning Commission are avaiilable. time extensions or;a zone dbA4(iiithcmgh;. Favorable recommendations from the know Of no ref issal to g�an eXtension'or a Planning Department ususlly include a negative dciwa zoning},and the clogof ' ,for lengthy time denisnds requirement applicat►t-developers Planning ions Before the Leeward project,including public infrastruclure,.be lanning Commission and the County Council completed in a specific timi:,,'eg.five fires. would be alleviated,D pe s would more certain have That requirement usually includes a provision And the public and`vbbuld have that the applicant-developer can get time more certainty and confidence in the land extensions in five-year increments at,the sole Planning Press,and not always be"holding discretion of the planning director,currentiv the bag"for additional needed infrastaruuctui+e. Schlueter has opined Mr.Zendo Kem.After that;fiuther ettbasions Deputy Corporation counsel Michael- are evadable via the Leeward Planningthat it is exclusively the ' Commission and the County Council with the Leeward Co mmission"s kuieana to recommendation of the planning dirvtar,even give delays or to pg for scheduled if the prior approval has long since'ek5lred c°MMUSi011dii'ectoi's agenda'i ns,despite the planning without-any compliance,'and without adequate &Properlyddencs past Practice of consideration of public infrastructure pzohlemH doing too should be the which have developed during the del&) In Past Practice of the director and department my experience,delays of fW,to25 years are in handing Out ortlinanceAime:exte�ons common. to be no authority in A modem sunset I'be `aPP .' dans is needed applicable niles and statutes far such procedure. an rn $a Shouldn't the County-Council,which gave the member and Kona resident applicant-developer a huge fi0andal booms with an ordinance for rezoning and subdivision for develapmentwithin a specific„exclush*have the pawat:t} on lezigthy delays,and to F0 'aTe .,, non- r "I?eid the controY'of the developer applicant.LW de"on of "beyond the control"are such things as floods and labor strikes,The Planning Department has used"fatuity delis or illnesses,natural disasters,pandemics,global or national recessions!But the department also accepts and fmukably processes a densions when the applicant merely seeks a delay because it completely failed to meet time requirements and the ordinance has expired,or abetter profit-n[argin is sought,or a buyer of the project is wRnted.These are internal decisions