Kona luxury project illegal

By Timothy Hurley
Advertiser Staff Writer

A ruling by a Big Island judge yesterday placed a cloud over a luxury subdivision under development on 1,540 acres in South Kona.

"The counties must take before-the-fact measures to ensure preservation of prime agricultural land, and when investigation shows that a proposed subdivision in an agricultural district will in all likelihood not be used for agricultural purposes and may be an attempted circumvention of the land use district amendment procedures and controls..., the county should disapprove the subdivision,'' the judge's order said.

1250 Oceanside Partners plans to develop more than 700 luxury residential lots, a golf course, lodge, clubhouse, pavilion, tennis courts and other amenities. Lot prices range from $750,000 to $2.6 million.

The decision calls into question whether the developer will be able to sell its remaining lots, said Alan Murakami, attorney for the Protect Keopuka 'Ohana, a group opposing the project. So far more than 140 lots have been sold.

John De Fries, president of 1250 Oceanside Partners, declined to comment, except to say that on Monday he will request a conference with the judge to get a better understand of the ruling.

Murakami said the decision sends a clear signal to any other developer who attempts to avoid the appropriate approval process.

"Our clients have been saying all along that this project is really an impermissible urban development in an agricultural district and Judge Ibarra agrees with that,'' Murakami said.

In a related development, a settlement was reached yesterday on a lawsuit related to episodes of muddy runoff from the Hokuli'a site Sept. 8-9, 2000. The settlement — between four Big Island residents, the state and the county — will result in a financial boost for erosion control on the Big Island.

Under the settlement, plaintiffs Walter John Kelly, Patrick Cunningham, Charles Flaherty Jr. and Michelle Constans Wilkins will get a total payment of $30,000 from the developer and donate $22,500 of the amount to the county to upgrade its rainfall maps and improve its erosion control ordinance. The remaining $7,500 will be donated to the repair and maintenance of the boat ramp at Keauhou Bay.

The state and the county will spend $60,000 each for revisions to the county's erosion control ordinance. The state also agreed to update rainfall maps statewide.

In addition, the Department of Health agreed to post notices on its Web site alerting the public of any Big Island construction activity where a notice of intent has been submitted to disturb an area of more than 20 acres.

Ibarra previously had ordered 1250 Oceanside Partners to deposit $100,000 into a court fund to pay for a water monitoring program.