HomeMy WebLinkAboutCOM 0898.019 2020-2022 / C�.a(.���-c
f►o ( 1,
From: Mark Van Pernis N71 JAN --3 AN 8q 34
Sent: Monday, January 02, 2023 9:35 AM
To: Council Testimony
Cc: Inaba, Holeka; Mark Van Pernis
Subject: Bill 194., Land Planning and Development Committee, Jan. 5, 2023 Meeting.
Please support Bill 194. My interest here is not only as a member of the public, past Commissioner of the Kailua Village Design
Commission, and a Leeward Planning Commission member, but also as a Kona attorney for over 40 years(now retired),
including land use matters,who knows from experience that the below matters are true, and must be improved for the
benefit if the community. I remind the Council that there are thousands of approved residential units approved with
infrastructure and affordable housing requirements, unbuilt and unpaid for and often sold, with delays obtained of 5 to 40
years. Some of these delayed projects, such as Sunshine Holdings' rezoning/subdivision for further delays in addition to 25
years of delay already obtained,will soon be before you.
The practice of the present and prior planning directors to unilaterally delay for free and without public input the ordinance
required completion dates for rezoning/subdivision and/or SMA permits, and thereafter recommending free additional delays
to the Planning Commissions and County Councils, is without any statutory, rule or other authority. The practice is the result
of the ordinance's language written by the director(s),or the applicant(s)themselves whose consultants often write the
ordinances, later codified by the Council. All such ordinances are exclusively the authority of the elected Council,and all such
changes or delays of these ordinances can only be made by the Council, and after the opportunity for public input on the
problems caused by the free delays.
The ordinances always contain a provision that delays cannot be applied for absent reasons "beyond the control" of the
applicant. "Beyond the control" has been well defined as such things as floods, labor strikes, law suit orders, etc. "Beyond the
control" never means the financial convenience of,or a sale by,the applicant or its successors. However,the Planning
Department/Director ignores this requirement, and does not ask for representation or proof of"beyond the control"
circumstances in delay requests. And Corporation Counsel has admitted in writing that there are no rules or authorities used
for that purpose! This is another reason to support Bill 194.
These free delays without cause,are never connected with "sunset" provisions'. These ordinances produce a huge boost in
the value of the applicant's property, with the applicant knowing it can obtain many substantial delays for free, without
meeting any of the conditions for infrastructure and affordable housing its ordinance required based on its (soon obsolete and
delayed)completion date . This has resulted in delays of from 5 to 40 years in such completions,while the project is sold.
THIS ALSO RESULTS IN THE COUNTY AND PARTICULARLY WEAST HAWAII BEING 5 TO 40 YEARS BEHIND IN INFRASTRUCTURE
AND AFFORDABLE HOUSING! Thus the public is constantly"thrown under the bus" in favor of developers This process is
instigated at the planning director(s) level with free initial delays of up to 15 years total (3 x 5 years each),thereafter it is the
Council's responsibility. Bill 194 is a step in the right direction for the Council to properly use its authority and represent then
public as its constituency
Both the Leeward and Windward Planning Commissions have expressed support for this bill.The Planning Director has stated
on the record that he is not opposed to it! Do not be misled by representations that the Planning Department/Director can or
impose additional conditions,without public input for the free delays.This has NEVER TAKEN PLACE, i.e delays have been free
of additional impositions, regardless of whether or not there is any authority to change the Council's ordinances.
It's long past time to move Big Island land planning into the 21st century,stop getting farther and farther behind in public
infrastructure and affordable housing,take away the possibility of corruption and possible appearance0if impropriety, and
have the Council do its job in providing the opportunity for public input and representing its constituency first in land planning
and infrastructure and affordable housing.
1 ef. To:— Pip P 0
Ref. Date_J1 5, 2 U
Mark Van Pernis
2