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The Honolulu Advertiser
Posted on: Saturday, March 17, 2007

Bill now requires 750-foot setback

By Eloise Aguiar
Advertiser Windward O'ahu Writer

SETBACK BILL

What: Senate Bill 851 CD1

Calls for: 750-foot shoreline setback in Ko'olauloa and a cultural and preservation assessment.

Where it stands: Crossed over to the House of Representatives, passed first reading and referred to the committees on Water, Land, Ocean Resources and Hawaiian Affairs, and Judiciary.

RALLY PLANNED

When and where: 3 p.m. Turtle Bay Resort

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KAHUKU — A bill that would create a 750-foot shoreline setback for a planned expansion of the Turtle Bay resort could affect the entire Ko'olauloa coastline.

Introduced by Sen. Russell Kokubun, D-2nd (S. Hilo, Puna, Ka'u), the original bill would have required a new historic and cultural preservation assessment and recommended a 750-foot shoreline setback for development between Kawela Stream and Marconi Road.

But an amended version takes out any references to the specific development and expands the reach of the shoreline setback to the entire coastline.

The amended bill is opposed by Kuilima Resort Co., the developer of the project, as well as the state attorney general's office.

"Kuilima already has received all of the necessary approvals so this bill, even though it's recommending a further setback, we don't think it's going to change anything," said Nathan Hokama, Kuilima spokesman.

The setback is meant to address concerns that human remains will be found at the site of the development. In a letter to developers in October, an official with the State Historic Preservation Division urged that the project be set back 500 to 650 feet farther from the shoreline than planned.

Under a 1986 agreement, Kuilima Resort is planning to develop up to four hotels and a condominium on the North Shore with a maximum of 3,500 units.

Since announcing plans to move forward with that plan, residents and local groups have lobbied city and state lawmakers to intervene and find ways to limit the expansion. A major concern was that the environmental assessment conducted 20 years ago doesn't take into account the changes in the community and new environmental requirements.

Last November, Circuit Court Judge Sabrina McKenna dismissed a suit against the city and the developer, saying an additional environmental impact statement isn't required.

Several rallies have taken place calling for a new environmental study, and another rally is planned for 3 p.m. today at Turtle Bay.

The bill has raised concerns at the North Shore Neighborhood Board, which supported it with recommendations to return to the original version, said Kathleen Pahinui, board member. The majority of the board want the setback to apply only to the Kuilima project and not to Windward homeowners who have no cultural artifacts on their properties, Pahinui said.

"Whereas we know, for a fact, that there are cultural artifacts on the Kuilima development area," she said.

Reach Eloise Aguiar at eaguiar@honoluluadvertiser.com.