Legal action threatened against County Planning Commission

Citing a defect in processing its application, the developer of a proposed 7.5-acre shopping center in Koloa town threatened federal legal action yesterday if the county Planning Commission didn’t approve the project.

The violation requires automatic approval of permits for Koloa Marketplace’s The Shops at Koloa Town, attorneys for the developer said during a commission meeting at the Lihu‘e Civic Center.

Kaua‘i attorney Walton Hong said implementing proposed planning department conditions to prevent construction in a flood zone and relocation of monkeypod trees would shut down the project.

“The proposed conditions render the project, in essence, unfeasible,” Hong said.

The commission appeared ready to act on the request for a Class IV Zoning permit, but what action it took on the lawsuit threat was not known.

“It is a matter of interpretation,” commission chairman Randal Nishimura said on when the county was to have developed a report and taken action on the proposal.

Koloa Marketplace has proposed a 76,200-square-foot retail building complex with offices on two parcels zoned for urban use.

Plans also call for relocating the Koloa post office to another area on the parcel. The shopping center would also house five restaurants and 343 paved parking stalls.

In a letter to the county, the Honolulu law firm of Carlsmith Ball, which represents Koloa Marketplace, says county planning director Ian Costa failed to prepare a report on the project 60 days after the filing of a completed application. Furthermore, the letter states, the commission should have held at least one public hearing and should have either granted or denied the permit within 60 days of receiving the report.

“It is uncontroverted that the Kaua‘i County code establishes specific deadlines” for the Class IV zoning permits sought by the developer, the letter goes on to say.

The county said the commission has developed a report, has held public hearings and is ready to take action on the permit requests.

During a break in the meeting, Nishimura said the conflict has arisen because of a disagreement over when the county completed the developer’s application.

Because the issue is contentious, the commission didn’t appear ready to take action but continued deliberations on the permit requests.

Hong said the developer has tried to design the project to fit the rural character of Koloa town and to save as many trees as possible.

But the commission’s approval of the proposed conditions are akin to “dumping the project in the trash can and having to start all over,” Hong said.

Lawrence Chaffin, a commissioner who is an architect, disagreed, saying the project “can be tweaked” and made smaller. In modifying the plan, the developer would be “refining a design,” he said.

The developer has the advantage of knowing what the county and residents want and can redesign a project that is as good as the original, Chaffin said.

Hong said approval of the proposed conditions would make the project difficult to build, if not impossible.

A proposed condition preventing the relocation of more than six monkeypod trees to another parcel in south Kaua‘i throws up unnecessary roadblocks, Hong said.

“To say we can’t remove any of the trees makes the project very difficult,” he said.

Residents have rallied around keeping the trees on the property, saying they contribute to the rural ambiance of Koloa town.

Hong said a proposed condition prohibiting buildings in flood zones doesn’t make sense because the law allows for structures in such places, provided they are elevated.

Before the meeting started, Koloa resident John Kruse said having buildings in a flood zone is ludicrous, even if they are elevated.

“My concern is that I live behind the proposed development, right on Waihohonu Stream,” he said. In case of a heavy flood, as was the case earlier this year, debris from wrecked buildings could pose a danger to residents.

The stream, which draws water from the Pu‘uahewa reservoir and runs mauka to makai, joins Waikomo Stream on Koloa Road.

Hong also objected to a proposed condition preventing parking on Maluhia Road, the main road leading into Koloa town.

The developer also had concerns about a requirement it contribute funds to a master transportation plan for south Kaua‘i.

Hong said the Knudsen Trust, which owns the 7.5 acres, doesn’t want to give a “blank check” for improvements that have not been approved.

“I think it creates a very difficult problem for any trust,” Hong said.

Nishimura said the county is practically in the same boat, as it will have to fund parts of the improvements.

• Lester Chang, staff writer, can be reached at 245-3681 (ext. 225) or lchang@kauaipubco.com.