I received this bombshell of an email from an O‘ahu attorney and friend a few days ago:
“I’m not sure whether folks on Kaua’i realize that SB (Senate Bill) 3202 is deliberately crafted to take all authority to make decisions on subdivisions from the Kaua‘i Planning Commission and vest that authority with the planning director.
“Unlike other counties, the charter and ordinances on Kaua‘i give the planning commission authority to approve or disapprove subdivision applications. SB 3202 takes that authority from the planning commission and gives it to the planning director.
The change will also remove the right of folks to request a contested case hearing on these subdivisions.”
The email concluded with: “I hope people are aware of this change.”
The language in SB 3202 does not mention the Kaua‘i County Planning Commission, nor specifically state in language the average person can understand, the power transfer being proposed.
So no, the people are not aware.
Clearly, Kaua‘i Representative Luke Evslin, Chair of the Housing Committee and responsible for the review of SB 3202 and its companion HB 1630 is aware.
If they read the bill very closely and/or were informed by others as to how SB 3202 actually impacted their home county, then Kaua‘i Representatives Nadine Nakamura and Dee Morikawa, and Senate President Ron Kouchi, each who voted in support are also aware.
It’s clear Kaua‘i Planning Director, Ka‘aina Hull, who submitted written testimony saying he “strongly supports SB 3202,” is aware.
Presumably, Kaua‘i Planning Commission members were aware and approved the planning director’s testimony.
The insiders were all aware, but the rest of us have been kept in the dark.
SB 3202 proposes to take the power of subdivision approval away from the Kaua‘i County Planning Commission and give it to one single person, the Kaua‘i planning director.
SB 3202, if passed into law greatly reduces the voice of community in the process of land development. If a future subdivision development is proposed in your neighborhood or town, you will no longer be invited to a public hearing before the planning commission where the merits and various aspects of that subdivision will be discussed, and ultimately voted upon.
In addition, community members will lose their right to a “contested hearing” because there will be no hearing. The decision will be made by one person.
To be clear, as currently proposed SB 3202 applies only to lands within the existing “urban district” and does not apply to the subdivision of agricultural lands.
SB 3202 is essentially a “market approach” to solving the affordable housing crisis. It offers developers potential increased density, decreased infrastructure costs, and less community oversight resulting in faster permitting.
Thus, SB 3202 allows the developers to make more money faster and requires them to do nothing extra in return for these benefits.
SB 3202 does not require any development benefiting from its provisions to be affordable.
I know from personal and professional experience as a licensed real estate broker myself that demand for Hawai‘i real estate is insatiable. I also know that nothing is sold “below market” unless required by government incentives or disincentives.
If you believe that counting on the benevolent nature of real estate developers will result in increasing the supply of truly affordable housing, then I have a bridge to sell you.
We need to block/stop/kill SB 3202 and retain the public protections and the publics voice contained within the Kaua’i Planning Commission public review process.
Please take action. Share this information with friends and neighbors. More importantly, share your thoughts on this important issue with our Kaua’i legislative delegation: Rep. Evslin repevslin@capitol.hawaii.gov. Rep. Nakamura repnakamura@capitol.hawaii.gov. Rep. Morikawa repmorikawa@capitol.hawaii.gov. Senate President Ron Kouchi senkouchi@capitol.hawaii.gov.
Aloha, Perhaps this is in conjunction with the emergency housing resolve that the governor proclaimed that will cut the red tape statewide.
This isn’t about housing. This is the County’s long standing policy of protecting the monopoly of development rights given to the plantations by way
of Urban zoning in Lihue and Koloa 40 and 50 years ago. Very little Urban land has been created since. That’s because the master plan set density that long ago. Agricultural land should be kept open for scenic view corridors for tourists. And any limited development that takes place on agricultural land should be kept to large acreage which will be exclusive because most people won’t be able to afford it. This is about creating more wealth for the landowners who own all the development rights.
How do you explain the County exempted Lihue and Koloa from any affordable housing requirements on subdivisions in 2020? How do you explain agricultural landowners don’t have a right to build an ADU, (Additional Dwelling Unit)? The County wants to silence the locals without housing coming to a public hearing, while they implement their two class exclusionary system, and cater to their rich clients.
“I know from personal and professional experience as a licensed real estate broker myself that demand for Hawai‘i real estate is insatiable. I also know that nothing is sold “below market” unless required by government incentives or disincentives.
If you believe that counting on the benevolent nature of real estate developers will result in increasing the supply of truly affordable housing, then I have a bridge to sell you.”
The laws of supply and demand are well known and understood by those who have a basic understanding of economics. In his current piece, Gary demonstrates once again, for all to see, that he is solidly in the box of those who are incorrigibly or willfully ignorant of these laws and their implications.
For instance, to make the claim that demand for building lots or housing is insatiable is simply not true. The demand for anything is a function of its price…and price, Gary, is determined by the supply of a “thing” relative to the demand for it. Simply stated, flood (oversupply) the market with a particular good (real estate included) or service given the current demand and the price will fall. Conversely, restrict the supply, of real estate in this case, and one can easily predict that the prices will rise…dramatically in the current high demand market. (making it simple for you Gary, think Ahi for sashimi around the New Year when the catches are seasonally low, but demand becomes as you say “insatiable”)
For you to make such a silly statement that nothing is sold “below market” illustrates that you fail to grasp that the real estate market is one that is wholly based on market prices. Unfortunately, however, the market is not allowed to reach a true equilibrium…where supply and demand interaction lead to stable and, in all probability, more affordable prices. The problem causing this, is not the real estate brokers as Gary seems to imply…they don’t set and have no control over market real estate prices and can only react to them along with their clients. Think of the process of selling a piece of desirable property as an auction with prospective buyers bidding against each other.
The real problem at the root of “unaffordable” building lots is government (state & local) interference in the market by means of stifling land use & building laws/ordinances, restrictive zoning and a clumsy bureaucracy, including the obstructionist planning commission. So now, in the face of burgeoning homelessness, it seems that some politicians and bureaucrats have come, at least partially, to the realization that they are the cause of severely restricted supply of residential property and the notoriously high prices. This has led them to propose SB3202 which wrests control of subdividing and rezoning decisions from the planning commission (composed, I would argue, of people as ignorant of economics and property rights as Gary) and hands it to the individual planning directors. Assuming that the directors are people with at least some knowledge and appreciation for economics, property and the power of an unhindered market, this could be a positive thing…contrary to Gary’s progressive indoctrination mentality. Of course, it could be even worse in the case of a fanatically anti-building director.
RSW
Build, build, build! It seems that has become the mantra of government officials on Kauai. Do you really want to kill the goose that lays the golden egg? Don’t most of us live on Kauai because of it’s beauty and rural atmosphere? Why would we want to turn Kauai into another Honolulu? Yes, not everyone who wants to live here can afford to do so. But, the same is true for many desirable places around the world. Let’s keep Kauai rural and scenic!
One of governments biggest roles is to make sure that the infrastructure can handle increased building. If we allow unfettered growth with no regard to traffic, the power grid, the increased stress on vital services, etc, then the government is not doing it’s job. So, your so called “obstructionist planning commission” appears to be considered all factors, including increased taxing of already tapped-out roadways and infrastructure in considering increased building, as they should.