Save Kawela Bay

~ ~ Working Together Toward One Goal ~ ~
Protecting communities along O'ahu's North Shore from the dangerous effects of large scale development.

BACKGROUND:

On the North Shore of O'ahu, the owners of Turtle Bay Resort plan to build five new hotels with 3,500 more condos, timeshares, and resort hotel units on and around Kawela Bay on the basis of an agreement and a land use permit that are nearly 20 years old. These are based on environmental studies that are even older. Developer Kuilima Resort Company, an affiliate of Oaktree Capital Management, is attempting to subdivide more than 700 acres of land from Kawela Bay to Kahuku Point - either to develop it or to sell off to other developers.

A lot has changed in the last 20 years. Traffic and water usage have increased significantly since Turtle Bay first proposed this massive development. Other developments along the North Shore and Windward areas are on the way - including the Stryker Brigade. Laws have changed, too. Environmental studies now have stronger requirements and must include additional information such as cultural concerns, and the affects this development will have on the natural habitat and wildlife in the area.

All of this development would drastically affect the nature of our neighborhoods along the rural corridor from Kahalu'u to Waimea Bay and beyond. These neighborhoods serve as a recreational area for the entire island - an escape from the urban sprawl. If Kuilima Resort Company has its way and is allowed to build 3,500 more units, North Shore residents and the people of O'ahu in general can say goodbye to Keeping the Country Country.

WHAT CAN WE DO?

We can demand scrutiny of this proposed project that threatens to destroy the rural nature of Kawela Bay and surrounding areas. There should be an up-to-date assessment on the effects of such a development on our community. No development should be allowed without community input!

THE FACTS REGRADING KAWELA BAY

WHO:

Oaktree Capital Management owns Turtle Bay Resort and is guiding the development of Kawela Bay. It is a self-described “Vulture Capital” fund headquartered in Los Angeles. It specializes in investing in "troubled companies in 'inefficient' markets" that it can restructure and sell for a profit. Oaktree has a history of fighting environmental and community groups over development.

In 2002, Oaktree fought a coalition of more than 100 environmental and community groups that were opposed to a massive coastal development in Playa Vista, California, which included paving over the last wetland in the entire county. Phase 2 of this development has been held up in court because the development plan did not adequately address methane gas deposits in the area ("Court Rules City Erred in Passing Part of Playa Vista Impact Report." West LA Business Monthly, November, 2005).

In 2005, Oaktree was planning to develop 86 townhouses in Queens, NY, on a site known to be full of toxic contamination, including mercury, lead, arsenic and PCBs. When the community found out about the toxins and Oaktree’s inadequate provisions to contain them, Oaktree flipped the property to a new owner instead of cleaning it up themselves.

WHAT:

Turtle Bay/Oaktree submitted a preliminary permit for subdivision of over 700 acres of land around Kawela Bay, some of which is formerly agricultural and protected land. They have also started the approval process to expand Kamehameha Highway at Kuilima Drive and recently purchased an additional 400 acres of land from Campbell Estate mauka of Kamehameha Highway.

WHEN:

Turtle Bay submitted their preliminary subdivision proposal to DPP in early December and a decision could come any day. The shoreline certification was proposed in January and is good for one year only. This indicates development is very soon to come.

WHY:

Oaktree wants to make as much profit as possible before they inevitably sell the Turtle Bay property. Oaktree has almost no permanent presence in Hawaii, and has no commitment to our land or our community.

ABOUT US:

The Defend Oahu Coalition is a diverse group of community residents, environmentalists, activists and religious leaders all working together towards one goal: protecting communities along the North Shore from the dangerous effects of large scale development. We believe that the beautiful North Shore is for all Oahu residents as well as visitors, and we are committed to ensuring that it will continue to be a resource for generations to come.

For more information, or to get directly involved, email us with your comments and contact information at ~

Defend Oahu Coalition
http://www.defendoahucoalition.org/index.php

Keep the North Shore Country
http://keepthenorthshorecountry.org/

Sierra Club, Hawai'i Chapter
http://www.hi.sierraclub.org/
http://www.sierraclub.org/hi/

North Shore Community Land Trust
http://www.northshoreland.org/

Hawaii's Thousand Friends
http://www.hawaiis1000friends.org/

Surfline ~ O'ahu Under Seige
http://www.surfline.com/surfnews/article.cfm?id=2753

LATEST NEWS: January 7, 2007 - SundayState urges Turtle Bay resort to revise layout By Gordon Y.K. Pang, Honolulu Advertiser Staff WriterA key state official is warning the Turtle Bay Resort to drastically revise its plan to build up to five new hotels or it could face delays and other issues because of the strong chance that human remains will be found at the site.A lawyer for the resort's owners, Kuilima Corp., responded that the project's financing could be jeopardized if the state doesn't back off.An October letter to the developer from State Historic Preservation Division administrator Melanie Chinen states: "There is a high probability that one or more of the proposed hotels is located in an area within which numerous (as yet undiscovered) subsurface burials are located."Chinen recommends that Kuilima do more testing in the area or "revisit and revise" its master plan to avoid the burial areas. She further suggests that the project be set back about another 500 to 650 feet from the shoreline than planned.On Friday, Chinen told The Advertiser that while her letter does not have the authority of law, refusing to address the division's concerns now could lead to serious problems later for a project that only recently cleared a court challenge brought by environmentalists and Kuilima's neighbors, and then won subdivision approval from the city.STIRRING CONTROVERSYThe project has generated controversy on the North Shore between those who feel that up to 2,500 more hotel rooms would transform the rural community and those who believe it would stimulate the economy and create needed jobs."The outcome for them is if they continue to proceed and they hit burials, then it comes back to this department for making a decision. ... It could be that we say relocate and we're quickly able to resolve that," Chinen said, adding that may also result in delays."Or it could be that we say preserve in place, and they're going to need to redesign. So there is that possibility that there will be delays down the line."Kuilima officials have asked that Chinen's recommendation be withdrawn.Terence O'Toole, an attorney for the developer, said "her suggestion is not only impractical, but would have very significant consequences."O'Toole also said that Kuilima intends to follow the law when it comes to future burial finds as previously stipulated.The case illustrates the ongoing conflict between land development and state laws designed to protect human burials and other culturally significant objects.Officials with the historic preservation division point out that Kuilima has already identified 24 human burials at 19 locations, most of which have been moved to a burial reserve across Kamehameha Highway.A key issue, Chinen said, is that the hotels are on what is known as jocular sands, sand dunes that have a higher potential to contain Hawaiian burials.Chinen noted that the burials were found through the mid-1990s and that most of the archaeological mitigation work done for the project had been done in the 1980s. Standards have since become more stringent, she said, and her staff last year asked for a summary of the work and several mitigation plans that have been completed over the past two decades.Kuilima agreed and Cultural Surveys Hawai'i submitted a new mitigation plan on the landowner's behalf. That plan, however, led Chinen to issue her October letter recommending that Kuilima's master plan be reworked with further setbacks.Legally, Kuilima has complied with what's been asked by the division, which signed off on a 2003 mitigation plan, Chinen said."Does that preclude SHPD from coming back and saying, 'Hey, based on new information you have and new staff ... reviewing it, we have these concerns?'"Chinen said she believes she is within her right to voice the new concerns and issue the warning that "if they do come across sites that are either archaeological or burials, they will need to (stop work), come back to this division and discuss mitigation options."The position is a variation on a theme espoused by opponents of the project who have repeatedly questioned how a 20-year-old master plan that allows for the development can still be in effect.Chinen also noted that work had to be halted repeatedly at a Wal-Mart construction site in downtown Honolulu because bones were often found. She said something like that could happen at Turtle Bay, which is why she suggested that Kuilima move its project away from the shore.DEFENDING A PLANA commercial-residential project proposed last year for Ward Villages has also been delayed. The O'ahu Island Burial is involved, not the State Historic Preservation Division, because the finds occurred during survey work. The council and the developer are hashing out a relocation plan.Kuilima has since pulled back the 2006 report and told SHPD that it is standing by its 2003 mitigation plan.Kuilima attorney Peter Starn also wrote to Chinen asking her to withdraw her recommendation, noting that she had in 2005 approved a mitigation plan.Kuilima relied on Chinen's 2005 approval to secure $400 million in development financing, Starn wrote.The company is talking to "potential joint ventures and other strategic partners, as well as lenders," Starn said. The historic preservation division's new position "would severely and negatively impact these initiatives and would otherwise cause immediate and irreparable injury to Kuilima and ... would be likely to jeopardize the economic feasibility of the entire project."The landowner is also in the final stage of refinancing its $400 million project loan. Failure by the division to withdraw from its current position "would likely impair Kuilima's ability to complete the refinancing of the project loan on a timely basis."O'Toole, Starn's partner, said Kuilima has invested more than $100 million in renovating the existing hotel, putting up the Ocean Villas condominium project and preparing for the expansion. There was no justifiable reason for SHPD to change its position since no new information had surfaced since the agency's 2005 approval of its mitigation plan, he said.As for the setback issue, O'Toole said, typical setback for oceanfront development is 40 to 60 feet. Kuilima is already required to maintain a 100-foot setback and is further limited in what it can do 100 to 300 feet back from the Kawela Bay section of the project, he said."It wouldn't be hard to envision that her suggestion ... would impact every single parcel along the shorefront," O'Toole said. "It would totally change the master plan to the point where you take 20 years worth and work and say (SHPD) wants us to ... revamp what we now have hundreds of millions of dollars invested in."Kuilima does not intend to change its master plan and is under no obligation to do so, O'Toole said. "All of the contingencies related to inadvertent burials are ones we're just going to have to deal with going forward," he said. "Nobody knows what we're going to find and that is not a reason to change the master plan."------Turtle Bay Resort plans to build up to five more hotels, but a state official is warning of possible delays because of burial sites in the area.Developer/landowner's perspective:
http://www.kuilimainfo.com
Opponents' perspective:
http://www.defendoahucoalition.org
Get involved ~ Take Action Now

Copy the following letter and mail it to your City Councilmember ~ let them know how you feel about this development. We encourage you to change or delete the default letter and add your own thoughts and concerns regarding the proposed project.

Subject ~ Defend Our Land and People
Dear Councilmember [your councilmember's name here]

As a resident of Oahu, I am concerned about the proposed expansion of the Turtle Bay Resort. This project was designed and approved based on conditions that existed twenty years ago. Times, laws, circumstances and community needs have changed. I am concerned that another development on the North Shore would be detrimental to the entire island.

There are several unresolved issues surrounding this development that should be answered before the City issues permits for the project to move forward. For instance:

- What are the widespread effects of this development on the already unacceptable traffic situation on the Kam Highway and elsewhere? Will the road from Haleiwa to Hau'ula need to be widened to accomodate for the extra traffic? If so, who will pay for that, and what will happen to the people with homes alongside the road now?

- Kuilima developers have promised increased public access and parking. However, with 3500 new hotel and condominium units, will local residents realistically be able to make use of these amenities? How will our recreational and cultural spaces not be compromised by an influx of tourists seeking access to the same spots?
- Should developers be allowed to continue using old affordable housing standards, especially at a time when housing in Oahu costs more than ever?

- How will this development affect Oahu's tourism industry? If we cannot offer tourists a .."rural.." atmosphere on this island, will they continue to come here on vacation?

The Honolulu City Council has the power to revoke or modify existing zoning and land use permits (Honolulu Revised Ordinances 25-9.6). Please demand that these issues be addressed - Defend the interests of the community by reviewing and amending or modifying the Special Management Area Permit granted in Resolution 86-308 to protect our environment and community.

Sincerely,
[your name here]
[your address]
[your email address]