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The Honolulu Advertiser
Posted on: Monday, February 9, 2009

Motion delayed again on Turtle Bay rezoning

By Eloise Aguiar
Advertiser Staff Writer

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At issue is a 1986 land-use change that would allow the expansion of the Turtle Bay Resort, above. The Defend Oahu Coalition had hoped to have 236 acres rezoned back to agricultural to block development.

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The state Land Use Commission has deferred for a second time a motion that would force Kuilima Development Co. to defend a land-use change granted 23 years ago that would allow for hotel expansion at Turtle Bay Resort.

The deferral was a blow to members of the Defend O'ahu Coalition, who had hoped to have a 236-acre parcel at the resort rezoned back to agriculture because conditions of the 1986 unilateral agreement have not been completed.

"It was rather gutless on their part to defer," said Mark Cunningham of Defend O'ahu Coalition. "This is a golden opportunity to say to developers, you're on notice. Fulfill your promises."

The motion, brought by the coalition, said the resort owner has failed to implement conditions of the 1986 agreement in a timely manner and should be required to show why the zoning should not be rescinded.

The 236-acre parcel was rezoned in 1986 to urban from agriculture. A championship golf course and marsh cover the parcel. The master plan for the resort calls for public parks, a stable and condominiums to be built there.

Stanford Carr manages the property for a consortium of banks that took control of the site in 2007 in a foreclosure proceeding.

Carr said his goal is to meet all the conditions of the agreement and when pressed for a time line, he said realistically it could be 10 years.

He said he is moving forward with development and has initiated planning and studies for the parcel in question.

The unilateral agreement with the city and state allows for up to five new hotels with 3,500 rooms and condominium units and four public parks on 880 acres at Turtle Bay.

Carr said he understands the commission's decision because legal issues concerning land-use laws, vested rights of the owner and the right of Defend O'ahu to seek the motion.

He said it's difficult to set a definite completion date for the various projects, especially since he has to spend so much time and effort at these types of hearings.

"How can you when you're fighting this effort?" Carr asked. "Leave me alone and let me do my job."

In another action, the commission will allow neighbors of Hawaiian Memorial Park to intervene and be part of the planning process for the proposed expansion of the cemetery.

Grant Yoshimori, a neighbor of the cemetery, agreed to represent eight neighbors in the proceedings.

Reach Eloise Aguiar at eaguiar@honoluluadvertiser.com.