HomeMy WebLinkAboutPL-CCI-2022-000002 M. VAN PERNIS TESTIMONY 9.30.2022WPCtestimony
From: test <mvpvv@hawaii.rr.com>
Sent: Friday, September 30, 2022 2:55 PM
To: Sauer, Noriko; WPCtestimony; LPCtestimony; Kona Letters
Cc: Inaba, Holeka; Palmtree7@hawaiialert.com
Subject: Bill 194
This is written public testimony covering Commission consideration of Bill 194. It is in
reaction to the West Hawaii Today newspaper article of September 29, 2022, which is incomplete
an thus somewhat deceptive.
The practice of the Planning Director giving himself or herself unilateral authority to substantially
delay for free the completion dates stated in County Council ordinances for rezoning and
subdivision an/or Shoreline Management Act permits secretly without public or County Council
input, is illegal and without authorizing rule or statute. Thus litigation to stop such delayed
developments would succeed. The article refers to "one time delays", but there are many
developments with delays of 5 to 40 years (!) beyond the date the County Council ordinances
require for completion of the development and its conditions, such as infrastructure. This is after
the developer has already received a huge boost in value of the property because of the favorable
County ordinance. No public or Council input or consideration is given to the increasing need for
infrastructure affordable housing, and fair share contributions piling up during the delays. The
West Hawaii population increases 5% to 6% per year on average.
The ordinances provide that the Planning Directors are never to give delays unless the applicant -
developer fist shows circumstances "beyond its control". Circumstances "beyond the control" are
well defined legally as external circumstances such as floods, labor strikes, etc.. But dveloper-
applicants NEVER present "beyond the control" circumstances, and Directors NEVER require their
submission or proof before delays are given. This is a further violation of the ordinances, making
such delayed projects susceptible to litigation.
Pending before the Leeward Planning Commission is a developer's application for another 5 year (!)
extension of its 1995 subdivision ordinance, i.e. a total of 30+ years (!), AND an elimination or
reduction of conditions benefitting the public imposed back in 1995! This application is a prime
example of whats wrong with our land planning system, which Bill 194 is trying to fix. Let's see
what the Planning Director, Commission, and Council do with this one. And who they represent.
The application should be entirely rejected, and the ordinance recognized as as pau. A new
application could then be made, with current conditions considered, and a traffic study done.
Please support Bill 194.
Mark Van Pernis