The building of a controversial 148-unit housing development on 9.5 acres in rural Kōloa has been temporarily halted by a court order while the court reviews an appeal by community groups.
The Fifth Circuit Court on Tuesday granted a request by Friends of Māhāʻulepū and Save Kōloa to put on hold the permits approved for the project in February by the Kauaʻi County Planning Commission until the appeal is heard.
Oral argument for the case now is set for Aug. 12 at 1:00 p.m. in Circuit Court Judge Stephanie Char’s courtroom in Līhuʻe.
The project includes 31 plantation-style, two-story buildings with two, four or eight units and 226 parking spots onsite. Another 25 parking stalls would be along Waikomo, Weliweli and Hapa roads.
Wastewater for the project would go along Waikomo Road through private sewer lines. This would connect to the wastewater treatment plant operated by Hawaiʻi Water Service Company.
The development near Waikomo and Hapa roads is planned for people who don’t make enough to buy market-rate homes on Kauaʻi but make too much to qualify for affordable housing subsidies.
One-bedroom units would start at $520,000, with two-bedroom units at $650,000 and the three-bedroom units in the high $600,000s, Mike Serpa, developer with SK Investors LLC, said in a public meeting in February.
The Planning Department unanimously approved the project with conditions that included at least 45% of the units go to existing county residents and that the units can never become vacation rentals.
At the time, the decision was partly based on the dire need for more workforce housing on Kauaʻi.
The groups challenging the project have raised concerns about the size of the project, which would be the biggest multi-family development in historic Kōloa, the impact of increased traffic, parking demands and emergency access on the area’s narrow rural roads.
“This is a major win for the community,” Bridget Hammerquist of Friends of Māhāʻulepū said in a press release. “The court’s order gives Kōloa breathing room. It means the project cannot move forward under these permits while the court takes a closer look at what happened.”
The lawsuit does not seek to block housing development altogether, but argues that projects must comply with the law and adequately consider potential impacts to Kōloa’s cultural and historical resources, endangered species and surrounding residents, the release said.
Attorney Lance D. Collins said the case centers on public process and notice requirements.
“When a project changes, the public deserves clear notice and a real chance to be heard,” Collins said. “Kōloa families should not be shut out of decisions that affect their roads, safety, water, cultural places and daily lives.”
