Between a rock and a hard spot

SOURCE: Hope Kallai (
SUBHEAD: Developer of 347 acre beachfront property offers public beach access leading to lava rocks.

By Leo Azambuja on 8 October 2013 for the Garden Island -

Image above: Lava rock shoreline where public access would be provided at Waikape development. See image bekow for idea of length of sandy beach that will be available to residents of future luxury development. From original article.

A developer behind a 357-acre beachfront property in Waipake on Kauai’s North Shore wants to give the county public beach access as part of a trade off for a proposed residential project.

But the offer — called a grant of easement — doesn’t lead to a white, sandy beach. It goes straight to lava rocks.

Facing the Kauai County Council is the decision whether to accept the offer or try and negotiate with developer Falko Partners for a better access point.

“When I comment I’m going to the beach ... I don’t say I’m going to the rocks,” Moloaa resident Tim Kallai said at a meeting last week when the council took up the issue.

The council deferred making a decision on the matter until a site visit could be made.

The proposed public access to the stunning and remote Waipake Beach, just west of Larsen’s Beach, includes a mile-long walk from Koolau Road, which is OK with the nearby Kilauea Neighborhood Association.

But once reaching the shoreline, beachgoers would have to walk about 200 yards west following a narrow foot path with a 12-foot cliff to their left and lava rocks and the ocean to their right, which could present a potentially dangerous scenario during high-surf in the winter months.

Potential buyers for the 80 already-approved homes at the Kahuaina Plantation subdivision wouldn’t have the same problem. They would have straight access to Waipake Beach, a remote coastline frequented by monk seals, nesting turtles, endangered seabirds and occasional nudists.

Kallai’s concerns, as well as those from his wife, Hope Kallai, had much to do with safety as well as with the legality of Falko Partners having been granted years ago a subdivision on an agricultural parcel to allow 80 homesites to be developed.

A grant of easement is a trade off of sorts that the public gains from a development project.
Attorney Dennis Lombardi, representing Falko Partners, asked the council to accept the easement first, rather than holding the developer “hostage,” and then the two sides could work with providing an easier access point.

The council, however, deferred any decision to Nov. 13, pending a site visit. Council members wanted to find out if the landowner was willing to provide access over an existing foot path following the top of the beach rocks all the way to the sandy beach.

The Land and Farm website has the property listed for sale at $70 million.

“Fully entitled for up to 80 homesites with assigned tax IDs, Kahuaina Plantation is the result of a decade long entitlement effort. Low inventory, a rising market, and huge barriers to entry provide extraordinary investment returns,” states the Land and Farm website.

The Kauai County Council has delayed a decision on approving a proposed residential beachfront development on the island's north shore as it considers public access to a beach.

The Garden Island reports developer Falko Partners has offered access to Waipake Beach over 200 yards of narrow footpath with a 12-foot cliff on one side and lava rocks and ocean on the other.
Buyers for 80 already approved homes at Kahuaina Plantation subdivision would have straight access to the beach.

Hope Kallai attended a council meeting last week. She says the proposed easement is a safety problem.

Falko Partners attorney Dennis Lombardi urged the council to accept the easement and then work out easier access with developers.

Council members deferred a decision to Nov. 13 after a site visit.

Note on developer:
Falko Partners, Real Estate Management
Shawn Smith, Manager
PO Box 588
Kapaa, HI 96746
Phone: (808) 821-1781

[IB Publisher's note: Remember the Paapa Bay Road fiasco? Public right-of-way-access to Papaa Beach was confirmed and denied due to negligence by Kauai County. We've been through this too many times. Developer proposes to screw people on access to public beach -> Kauai Planning Department looks the other way -> beachfront in effect, becomes private property. The people of Kauai won't be fooled again.]

Island Breath: Paapa Beach Access 1/12/2004
Island Breath: Paapa Beach access Confirmed 6/4/04
Island Breath: Second Access to Paapa Beach 10/4/04

DLNR looks into Waipake Violations
 SUBHEAD: A possible violation of state law in Conervation District along shoreline is being investigated at Waipake Beach.

By Leo Azambuja on 9 October 2013 for the Garden Island -

Image above: Tree subject to recent cutting along Waipake shoreline in Conervation District. Note long sandy beach available exclusively to future residents luxury development. From original article.

A possible violation of state law is being investigated at Waipake Beach.

Tennessee visitors Terry and Jim, who declined to provide their last name, said they were at Waipake Beach at around 2 p.m. Wednesday, when they witnessed a bulldozer clear several heliotrope trees and naupaka plants.

A site visit Thursday morning revealed fresh tractor tracks visible over the sand. The standing trees had branches cut off, tree trunk stubs were sticking out the ground and it appeared much of the naupaka had been cleared.

Developer Falko Partners owns a 357-acre agricultural parcel above Waipake Beach, which was approved for a subdivision eight years ago, and will eventually allow 80 homesites to be developed there.

About 25 acres of land immediately adjacent to Waipake Beach are zoned state conservation lands, according to maps at the county Real Property Tax Division.

Deborah Ward, spokeswoman for the state Department of Land and Natural Resources, said they sent a staff member to Waipake Monday to investigate the issue, and would notify The Garden Island later of any violation regarding the trees.

“If there is any violation, we will bring it to the land board,” said Ward, referring to the state Board of Land and Natural Resources, of which Shawn Smith, of Falko Partners, is Kauai’s representative.


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