The unveiling of the Turtle Bay master plan, called “Tomorrow’s Ahupua’a,” for the proposed development of the North Shore resort on Thursday was preceded by a sign waving rally held by opponents of the proposed large scale development. Soon after, both opponents and supporters of the master plan - which proposes two additional hotels with 625 units, 590 resort residential units and160 and community residential units - gathered at the resort for an open house held by Replay Resorts, the company overseeing ongoing management and a real estate development program for the resort.
Although the master plan has been scaled back twice - the original plan proposed five more hotels with 2,500 units, 910 resort residential units and just 90 community community residential units while the first revision in March proposed four hotels and 750 condo units - it is still considered “too much” for the opposition. Actively trying to stop further expansion of the resort are many North Shore residents and environmental groups Defend Oahu Oahu Coalition (DOC) and Keep the North Shore Country (KNSC).
The total cost for the project is estimated to be $1.2 billion.
The open house was inspired by the filing of the Supplemental Environmental Impact Statement (SEIS) preparation notice on August 23, which is now in a 30 day public review period. “We were not required to hold a public meeting but we wanted to talk to the community,” Drew Stotesbury of Replay Resorts said. He added that the company wants to provide “as much information as possible to people here tonight.”
The decision of the Supreme Court to order the developers to complete an SEIS was a result of a tireless effort by KNSC and the Hawaii Chapter of the Sierra Club last year when they tried to reverse a 2006 decision by the City and County of Honolulu’s Department of Planning and Permitting (DPP) that Kuilima Resort Company would not be required to produce an EIS for their 25-year-old plan to expand the Turtle Bay Resort. Both the Circuit Court and Intermediate Court of Appeals had ruled in favor of Kuilima Resort Company and the City and County of Honolulu, and decided that as long as there would be no changes to the 25 year old project design, no supplemental EIS would be required regardless of how much the project’s surrounding environment changes.
The last environmental impact statement (EIS), which was completed back in 1985, does not take into consideration significant community and environmental changes that have become relevant in the 25 years since the last EIS was finished. Environmental changes that community members are concerned with include a high increase in traffic, as well as the nesting of endangered species like the Hawaiian Monk Seal around the proposed construction area - neither of which are included in the original EIS.
But the environmental groups persisted, and on April 8, 2010 the Hawaii Supreme Court ruled in favor of Keep the North Shore Country and the Sierra Club Hawaii, requesting an SEIS for the expansion before resort expansion could begin.
So with the recent filing of the SEIS, opposing groups and residents are again paying close attention to the proceedings of the development.
Later during a presentation by the developers, Lee Sichter, who prepared the current SEIS as well as the first EIS in 1985, said they will do a traffic study of the area that will determine “where Turtle Bay visitors are coming from when they arrive, and where they are going when they leave.” A 2005 traffic study done for the developers estimated an increase of 2,050 additional cars per hour on Kamehameha Highway. Sichter said three additional traffic lights would be constructed in the area.
Archaeological studies will also continue. Discussing the work that archaeologist Alan Haun, who also worked on the project in the mid-1980s, speaker Dawn Chang said they have imposed shoreline setback “more than we need to” since burials and cultural sights are likely near the shore. “He (Haun) will be clearing vegetation and trenching during the archaeology study. When you see that, it’s not construction, it’s the study,” she advised residents. Trenching is an excavation method used by archaeologists to search for material and physical remains. Trenches are dug, often in a grid pattern in select areas and are deeper than they are wide in order for different layers of strata to be searched.
But the method also has the disadvantage of only revealing small slices of the whole volume. According to Haun, the past archaeological studies for the result revealed 25 individuals, three who remain “in place at Kahuku Point” while the others have been relocated. He said they’ve found deposits dating back to the 1400s, and back nearly 1,000 years ago.
According to Sichter’s report, Turtle Bay Resort (TBR) and related companies are the current owners of approximately 1,300 acres of land between Kawela Bay and Kahuku point, both above and below Kamehameha Highway.
While the plan has numerous elements to it, some of the stand out features listed in the Turtle Bay Resort Environmental Assessment and Supplemental Environmental Impact Statement Preparation Notice include a “gathering place” that will include a “small collection of simple and authentic mismatched buildings pulling from the kamaaina architectural heritage of the island.”
It will include local shops and restaurants, a day care facility for resort employees, lawns and a grove of trees. The report states that the built part of the gathering place will include less than 40,000 square feet of indoor space, primarily in single story buildings. A raised lanai and porches linking the buildings as well as a sports club will be also be constructed. According to the report, all buildings will be set back at least 100 feet from the certified shoreline.
The Turtle Bay Park will be home to the outlet of the “rerouted Kawela Stream,” and will feature a “small amphitheater and stage.” Concerts, public performances, and other presentations are expected to take place in the amhpitheater. A Farmers Market will also be located near the park. According to the report, “Between events the farmer’s market will include a small number of permanent market stands.”
According to Sichter, to improve traffic flow a second entrance from Kamehameha Highway will be installed approximately 4,200 feet west of Kuilima Drive, the current access to the resort. Also, a two lane privately owned and maintained driveway called Kaihalulu Drive will run parallel with the shoreline to Kaihalulu Beach before heading inland and connecting Marconi Road. Marconi Road, currently a dirt road, will be widened to two paved lanes and will be a secondary resort entrance with an “improved intersection” at Kamehameha Highway.
Changing will also be made to Turtle Bay’s popular 18-hole Fazio Golf Course which will be reduced to a nine hole course. A new Golf Clubhouse is proposed for a site of three acres next to the current 18th hole of the Palmer Golf Course, which will remain unchanged.
In the report, Sichter wrote: If TBR were to proceed with development of the SEIS lands maximizing development to the extent allowed under current land use entitlements and approvals, TBR would be permitted to construct five new hotels including 2,500 units along with 1,000 new condominium units on the lands. TBR says it is responding to community sensitivities and concerns, and reflecting its own preference for a development plan sensitive to its physical environment. This “reduced density alternative” is the applicant’s (TBR) preferred alternative and the proposed action.
According to the report, the current plan proposes a reduction in “density” from the original plan of 60 percent.
While looking closely of one of many renderings of the plan, a North Shore resident in a green “Keep the Country Country” t-shirt said, “This plan may be a little smaller than the original one, but it’s still huge and will drastically change what we have out here. What they want to do isn’t keeping the country country.”
Background & Related Stories
Background
Turtle Bay Resort expansion
Community opposition towards the planned Turtle Bay resort expansion has been strong since the resort’s previous owner Oaktree Capital Management announced plans to revive the decades-old plan in 2005, before the company defaulted on its $400 million debt to Credit Suisse and Wells Fargo, causing the resort to linger in foreclosure since 2007. Kuilima Resort Company (KRC), now headed by local developer and Maui born Standford Carr, plans on expanding the current hotel from less than 500 rooms to 4000 hotel and condominium units. Community members have been working to prevent the development from being built, making various attempts to put a stop to the expansion.
On September 8 2009, the community preservation group Keep the North Shore Country, and the Hawaii Chapter of the Sierra Club asked the Hawaii Supreme Court to decide whether a supplemental environmental review of the proposed expansion is necessary. In the brief they filed, the organizations ask for reversal of the blanket rule, which states that agencies would never be required or even allowed to consider changes in a project’s environment, no matter how potentially significant the environmental impacts may be.
The last environmental impact statement (EIS), which was completed back in 1985, does not take into consideration significant community and environmental changes that have become relevant in the 24 years since the last EIS was finished. Environmental changes that community members are concerned with include the estimated increase of 2,050 additional cars per hour on Kamehameha Highway that was determined from a 2005 traffic study done for KRC, as well as the nesting of endangered species like the Hawaiian Monk Seal around the proposed construction area—neither of which are included in the original EIS.
In 2006, the City and County of Honolulu’s Department of Planning and Permitting (DPP) made the decision that Kuilima Resort Company, would not be required to produce an EIS for their 25-year-old plan to expand the Turtle Bay Resort. That same year, Keep the North Shore Country and the Hawaii Chapter of the Sierra Club filed suit to compel the DPP to require a supplemental EIS. Both the Circuit Court and Intermediate Court of Appeals ruled in favor of Kuilima Resort Company and the City and County of Honolulu, and decided that as long as there would be no changes to the project design, no supplemental EIS would be required regardless of how much the project’s surrounding environment changes.
In September, support was shown for North Shore when six state and national conservation organizations, represented by non-profit public interest law firm Earthjustice, filed a brief in the Hawaii Supreme Court asking the court to take up the appeal of the two Keep the North Shore Country and the Sierra Club. Much to the relief of opponents to the expansion, the Hawaii Supreme Court agreed to hear the case of the community organizations and scheduled a hearing on December 17.
On February 5 the Defend Oahu Coalition (DOC) appeared before the State Land Use Commission (LUC) for the sixth time regarding a motion the coalition made requesting the LUC to reclassify 236 of the 880 acres of urban-zoned land that developers hope to build the Turtle Bay Resort expansion on. After the LUC attempted to deny the motion, they then attempted to approve it, and with no votes for either option, concluded the hearing without a ruling on the motion.
The LUC had changed the zoning of the property from agriculture to urban back in 1986 when they gave the hopeful developers the go-ahead for the expansion of the North Shore’s only luxury hotel. Since very little has been done in 25 years by KRC, residents and community activists feel the developer’s window to build has ran it course. According to one source, when the decision was made in 1986, the LUC didn’t set a time limit but if the same thing had been done today, there would be a time frame for the developers to complete the project.
The coalition made their initial motion, which specifically requests the issuance of a show of cause order to the developers, back in April 2008 and were hopeful today that the LUC would render a ruling that satisfied North Shore residents who don’t want to see the expansion. DOC also hoped a ruling would send the message to KRC that people from all over the island do not want to see the resort expanded. “All we’re asking is to have developers prove why they should keep the land zoned urban when after 25 years they have done nothing with it,” said Tim Vandeveer, co-chair of Defend Oahu Coalition.
Supporters of the motion feel that if the land were reverted back to agriculture it would not ruin the project altogether, but would instead force the developer to change the size and scope of the expansion plan, sending a message to speculators that untimely and unsustainable development plans can indeed expire.
On April 8, 2010 the Hawaii Supreme Court ruled in favor of Keep the North Shore Country and the Sierra Club Hawaii, requesting a supplemental (EIS) for the expansion before construction begins. The ruling means that developer KRC must complete a new EIS before they can proceed with their plans of expanding the current resort.
Kuilima had been standing by the original ruling that no updated EIS would be necessary unless the project itself changes, regardless of how much the project’s surrounding environment changes. In ordering a new EIS, the court acknowledged that enviornmental changes in the area have occured in the quarter of a century since the original EIS was completed.
Chief Justice Ronald Moon said these factors make the project an “essentially different action” than the one considered 25 years ago.
Expansion opponents are feeling hopeful at this point, and intend to keep working to do what they can to preserve the “country” on the North Shore.
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Sep 18 2011 by Jade Eckardt
