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WPCtestimony <br />From: test <mvpvv@hawaii.rr.com> <br />Sent: Friday, September 30, 2022 2:55 PM <br />To: Sauer, Noriko; WPCtestimony; LPCtestimony; Kona Letters <br />Cc: Inaba, Holeka; Palmtree7@hawaiialert.com <br />Subject: Bill 194 <br />This is written public testimony covering Commission consideration of Bill 194. It is in <br />reaction to the West Hawaii Today newspaper article of September 29, 2022, which is incomplete <br />an thus somewhat deceptive. <br />The practice of the Planning Director giving himself or herself unilateral authority to substantially <br />delay for free the completion dates stated in County Council ordinances for rezoning and <br />subdivision an/or Shoreline Management Act permits secretly without public or County Council <br />input, is illegal and without authorizing rule or statute. Thus litigation to stop such delayed <br />developments would succeed. The article refers to "one time delays", but there are many <br />developments with delays of 5 to 40 years (!) beyond the date the County Council ordinances <br />require for completion of the development and its conditions, such as infrastructure. This is after <br />the developer has already received a huge boost in value of the property because of the favorable <br />County ordinance. No public or Council input or consideration is given to the increasing need for <br />infrastructure affordable housing, and fair share contributions piling up during the delays. The <br />West Hawaii population increases 5% to 6% per year on average. <br />The ordinances provide that the Planning Directors are never to give delays unless the applicant - <br />developer fist shows circumstances "beyond its control". Circumstances "beyond the control" are <br />well defined legally as external circumstances such as floods, labor strikes, etc.. But dveloper- <br />applicants NEVER present "beyond the control" circumstances, and Directors NEVER require their <br />submission or proof before delays are given. This is a further violation of the ordinances, making <br />such delayed projects susceptible to litigation. <br />Pending before the Leeward Planning Commission is a developer's application for another 5 year (!) <br />extension of its 1995 subdivision ordinance, i.e. a total of 30+ years (!), AND an elimination or <br />reduction of conditions benefitting the public imposed back in 1995! This application is a prime <br />example of whats wrong with our land planning system, which Bill 194 is trying to fix. Let's see <br />what the Planning Director, Commission, and Council do with this one. And who they represent. <br />The application should be entirely rejected, and the ordinance recognized as as pau. A new <br />application could then be made, with current conditions considered, and a traffic study done. <br />Please support Bill 194. <br />Mark Van Pernis <br />