HomeMy WebLinkAboutPL-REZ-2022-000032 M. VAN PERNIS TESTIMONY 9.17.2022
Mori, Ashley
From:test <mvpvv@hawaii.rr.com>
Sent:Saturday, September 17, 2022 9:26 AM
To:LPCtestimony
Cc:Sauer, Noriko; Inaba, Holeka; Villegas, Rebecca; Wendy Baez; Janice Glennie; test;
Kierkiewicz, Ashley
Subject:LPC NEW BUSINESS ITEM 2, Sunshine Holdings, LLC, PL REZ 2022 00032, WRITTEN
PUBLIC TESTIMONY.
The Leeward Planning Commission (LPC) shares responsibility for the degradation and lack of West Hawaii infrastructure
and lack of affordable housing because so often it has recommend approval of delays in completion of developers
projects with infrastructure and affordable housing requirements, based on decades old conditions, without updating
those conditions to accommodate the additional problems that developed during the lengthy delays handed out for free
by the Planning Director, without authority ot her than the self serving original ordinance he or she dra?ed. Thus the
needed infrastructure and affordable housing don’t get done, if at all, for In excess of 20 years, while the developer gets
a huge increase in the value of the property, without “sunsets”. The LPC has been “nice” to developers with favorable
recommendations for rezoning, subdivision, and lengthy delays, while not requiring prompt delivery of infrastructure
and affordable housing, revisiting those needs when delay is requested, using a “sunset” clause to keep developers
honest and avoid incessant delays, and not objecting to the unauthorized delay power self given to the Planning
Director for the benefit of developers in the ordinances he or she writes. There are thousands of approved but unbuilt
residential units in West Hawaii with unbuilt and now obsolete infrastructure and affordable housing requirements. This
is the LPC and County Council’s fault. The constituency of West Hawaii residents are ignored and sacrificed for the
Planning Director’s unauthorized power of delay and being “nice” to developers.
The ordinance, drafted by the Planning Director, contains a clear requirement that any request for delay must be the
result of circumstances “beyond the control” of the developer. “Beyond the control”” are external circumstances such
as floods and labor strikes. Not once did this applicant present any circumstances of “beyond the control” in getting his
multiple delays of 25 years. All were for its internal personal financial advantage, or for sales, or because it never
intended or had the capacity to develop. Thus the prior delays are all illegal and in violation of the ordinance. The
Planning Department has admitted through counsel that it has no rules or guidelines to determine “beyond the control”.
This is adequate reason to reject and recommend against this application.
Although they or their representatives may misrepresent, many, if not most, developers have no intention or capacity to
develop when application is made. They merely are seeking the conditions and approval for the huge increase in value
resulting from rezoning and subdivision, so the conditions, which become obsolete, can be “banked” during extensive
delays, while they sell their project. Thus the LPC and Council are made into fools, and are talked into bad deals for their
constituency by the developers and the Planning Director
During those 25 years of delays,, Kona’s population has grown by 200%, many subdivisions, B&Bs, and short term
rentals approved, with some built and some delayed, Mamalahoa has become at times a major traffic jam at the Koloko
intersection and into town, flooding has occurred in the area, the Koloko-Mamalahoa intersection is the site of traffic
accidents, and that intersection has become the location for school children to congregate for school bus pickup and
drop off. And the lack of affordable housing has grown dramatically worse.
MORE STUDY AND INFRASTRUCTURE IS NEEDED. THE APPLICANTS HAVE DEMONSTRATED, OUT OF HUGE IGNORANCE
OR ATROCIOUSLY INTENTIONAL PUTTING ITS PROFITS AHEAD OF YOUR CONSTITUENCY, by seeking a cancellation of
the prohibition against “double density” (condomiumization), deletion or weakening Kona Soil and Water Conservation
District compliance and weaken drainage control requirements, eliminate a requirement for an archeologic survey, and
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DECREASE Fair Share requirements of 25 years ago. The LPC should be INSULTED by this application and recommend
against it completely and finally. The applicant, when honestly ready to develop, can reapply, and contemporary
conditions then considered. The application demonstrates very bad planning, and planning is what your job is. Do your
job! This application can't be accepted or modified without tremendous damage to the people of West Hawaii. Being
“nice” to the developer should be entirely rejected in this case. ANY DELAYS IN THE PERFORMANCE OF AN
ORDINANCE’S REQUIREMENTS MUST BE HEARD AND DECIDED BY THE MAKER OF THEW ORDINANCE, THE COUNTY
COUNCIL, not the Planning Director.
Mark Van Pernis, former LPC Commissioner, full term Commissioner of The Kailua Village Design Commission, and
resident in the area.
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