HomeMy WebLinkAbout2024-05-06 Bill 127 Mark Van Pernis From: Mark Van Pernis
To: LPCtestimonv; Kona Letters
Cc: Inaba. Holeka; Baez.Wendv; Mark Van Pernis
Subject: May Leeward Planning Commission Agenda, New Business Item 3 Initiator:County Council,PL-CCI-224-000006.
Date: Monday,May 6,2024 8:15:07 AM
This ordinance proposed by the Count Corporation Counsel to the Leeward Planning Commission is NECESSARY
to fulfill the recently passed Ordinance empowering the County Council as the source for extending the time for
approved Applicant projects. It was intended to end the abuses resulting from intentional delays in providing the
public benefits carrying out the approved project of five to forty years,obtained from the Planning Director and
others,without consideration of increased public benefit needs resulting from the long delays.The result has been
huge infrastructure problems for West Hawaii and huge profits for not developing for applicants-developers.
The applicant-developers and their representatives have been treating the Planning Commission(LP C)and County
Council(CC)and Planning Director(PD )as fools,by: 1.Not stating when their proposed project and public
benefits(e.g affordable housing,off site traffic improvements)would be delivered;2.Not revealing that the
applicant had NEITHER THE DESIRE NOR CAPACITY TO CARRY OUTt THE PROJECT AND PUBLIC
BENEFITS; 3.Their true intent was to get County approval for the intended project and the public benefits stated
based on then current needs,and then sell the proposed project,with itself or the buyer,or the buyer's buyer to get 5
to 40 years+of delay without West Hawaii getting any of the promised benefits or any of the he profits realized by
the applicants-developer. Sometimes the applicant reported the application was merely to facilitate a sale,but most
often not.
Thus LPC and CC are misled and played for fools to facilitate real estate sales transactions,which by law they're
not to do with their powers.While the applicants-developers profit,West Hawaii suffers with ever increasing
infrastructure problems and the whole County and or State must pay for the public benefits the applicant-developers
were supposed to timely provide,but failed to do. P.D.participates by recommending approvals and granting
endless delays in favor of the applicants-developers.Without requiring additional public benefits,and not addressing
times for absolute completion of public benefits,regardless of sale of the project.
An example is Palamanui,a huge project where the public was to get streets,signage,parks,and commercial and
residential units over 20 years ago,including a bypass road from Mamalahoa to Queen Kahumanu that would take
the ever increasing pressure and traffic jams off those roads,Kai'imi'nani and Palani. After PD and other allowed
delays,without disclosure,Pallamanui sold to Nan,Inc,for a huge profit without providing any of the public
benefits. The result:huge traffic jams and fatalities. Expect Nan,Inc.to seek more delays,and try to get the County
or State to build the bypass road for which they are obligated,at public expense,to increase the private bottom line.
Is LPC merely an applicant-developer profit accommodator for projects that don't get done? Or is it planning for
the future for the benefit of the public,with 5 to 40 year delays,at the expense of the public and CC? Shouldn't the
public be assured of timely getting the promised benefits exchanged for the huge increases in land values
immediately given applicants? Or are these transactions one way profiteering or the benefit of applicants and at the
expense of the public?
The proposed ordinance must clearly require: 1.ALL APPLICANTS IN THEIR APPLICATIONS TO STATE
THE ESTIMATED TIME PERIOD FOR COMPLETION OF THE PROPOSED PROJECT;2.THAT FOR
PROJECTS OF 9 OR FEWER UNITS 5 YEARS IS THE LIMIT,UNLESS THE COUNCIL EXTENDS THE
TIME UPON APPLICATION,AND 7 YEARS IS THE LUIMIT FOR PROJECTS OF 10 UNITS OR MORE,
UNLESS SO EXTENDED;AND 3.ALL APPROVALS TO BE OF NO FURTHER FORCE OR EFFECT UPON
THE EXPIRATION OF THE TIME LIMITS ABSENT CC EXTENSION,I.E.A"SUNSET"PROVISION. This
will keep the applicants honest,serve the public,is within the letter and spirit of the CC's ordinance,and is
absolutely legal for such contingent approvals.
Further specifics and examples can be given upon request in public testimony.
Mark Van Pemis
45 year Kona resident,former LPC Commissio er,former Kailua Village Design Commissioner