HomeMy WebLinkAboutPL-REZ-2023-043 06.11.23 M. Van Pernis Testimony From: Mark Van Pernis
To: LPCtestimonv
Cc: Mark Van Pernis;Villeaas. Rebecca; Baez,Wendy; Inaba.Holeka;Cindy Evans; Kimball. Heather; Kanealii-
Kleinfelder,Matt;Galimba,Michelle M.
Subject: LPC June 15 agenda,unfinished biz,#3,OCEANSIDE 1250.Dear Noriko, Please replace the errors of the version
of the below sent in yesterday with the below correct version.
Date: Sunday,June 11,2023 10:51:59 AM
Decades ago,then Mayor Yamashiro and Oceanside 1250 LLC manipulated a luxury residential and golf course
development on agricultural zoned property,with no enforcement or sunset provisions, There was opposition to the
proposed development because of the alleged misuse of Agricultural zoning,and the LLC business model which
could allow for avoidance of providing"promised"public benefits. In exchange for the huge increase in the
value of the property,Oceanside"promised"many public benefits,including that referred to in this application.As
requested by Oceanside,the County naively did not impose a requirement as to when all the public benefits would
be delivered nor a sunset provision. After developing and selling the luxury lots to take out a big profit,Oceanside,
true to its LLC(limited liability company)business model, declared"bankruptcy"to avoid much of the community
benefits,and left the County and its taxpaying for the missing public benefits,including that referred to in the
current application,which the County naively didn't require to be completed concurrently with the luxury lots or
reasonably thereafter. The project was sold, with much of the profits removed,many years ago,with the conditions
the subject application now seeks to avoid.The victims were the County,its residents,and the bonding company
which bonded some of the benefits. It could be said that the original Oceanside laughed all the way to the bank.
Now the new Oceanside is applying after decades of money saving delay,to completely avoid this known and
accepted conditions intended for the benefit of the public,WITH NO OFFER WHATSOEVER OF AN
ALTERNATIVE PUBLIC BENEFIT CONTRIBUTION,and a thinly veiled intention to entirely privatize and gate
up the development,all without a sunset provision. Is the Leeward Planning Commission and County Council so
naive and allegiant to developers at the expense of the public that it would grant this huge profitable benefit to
Oceanside twenty years later,after it figured in that expense in its purchase?There may be some argument of
"financial distress"after all these years,and that some of the benefits were provided. This is shibai,an old trick of
developer representatives,and not to be believed here. The road is basically access to their development property
and was completed by the County after a long delay and at increased cost. The community contributions of rare
occasional use of the private golf/subdivision hale are manini in comparison to the millions in public benefits past
due. If the public is to be denied access to the long past due public benefits and denied access to the golf,alternate
contributions with dates for delivery and real sanctions for failure to timely provide them,must be imposed.An
independent audit would show the abuse being applied for.
The County was exploited years agofor the original project and its false promises,and profited handsomely at the
people's expense. Is this to happen again now? How is the County to finaklly get i9ts due? Is"NO"in your
vocabulary?
The Planning Director,who may not know much of the history of this project,and may be interested in a developer
friendly reputation now or in a future as a developer's representative,may have gone along with the false financial
distress argument without an audit.and If past recommendations during his tenure as Planning Director are evidence
of attitude,he is all too willing to through County residents under the bus in favor of developers,and not take
advantage of opportunities for their benefit.
Who do you represent ? Kina'ole. - do the right thing!
Mark Van Pemis
Kailua Kona,Hawaii
Former Leeward Planning Commissioner and Kalua Village Design Commissioner