Family fighting
marketplace
parking site

The Aloha Tower plan
goes against the donor's wishes,
descendants say

By Jerry Tune
Star-Bulletin

The descendants of early-20th century sugar magnate William B. Irwin are fighting a plan by Aloha Tower Marketplace's owners to develop a 500-stall parking garage at the park that bears his name.

The family members say the parking plan for Irwin Park, which fronts the marketplace, would violate a 1930 trust agreement from when a half-acre parcel was given to the Territory of Hawaii by Irwin's daughter, Helene Irwin Fagan. Under that agreement, the family trust would take back the land if it was not used for a park.

The issue came before the state Legislature last week when the House economic development committee heard details of an administration bill that would allow the state to condemn the 22,876-square-foot parcel through eminent domain, if necessary, to make way for the parking garage.

The state has said it hopes to work out an agreement with the family on the park.

Testimony continues at 6:30 p.m. tomorrow in conference room 224 before the Senate economic development committee.

At issue is whether marketplace owner Aloha Tower L.P.'s plan to landscape over the top of the two-level parking structure would meet the trust agreement requirement for developing a park on the site. (The plan calls for one level of parking below ground and the other above ground.)

But the Irwin family descendants and the Outdoor Circle say they're worried that the parking garage would mean the destruction of many trees -- including 13 monkeypods and four banyans -- that were planted more than 60 years ago.

House Bill 1028 and Senate Bill 1078 would allow the state to acquire the land by either purchase, negotiated settlement or eminent domain "for the public purpose of providing park, parking facilities and related traffic improvements."

Michelle Spalding Matson, a relative of Fagan, testified against the bills. "We have been persuaded that exercise of eminent domain does not apply in this instance, as Irwin Memorial Park was set aside by executive order to serve the specific public purpose as dedicated parkland," she said. "Parking does not serve the public purpose if it replaces the intended and established public purpose of dedicated open-space park land."

Matson suggested that any new parking be constructed in the Piers 5-6 area. That area had been suggested by the previous marketplace developers, Aloha Tower Associates.

Irwin Park now includes 118 parking stalls, some of that to meet demand of the passenger liners. In 1939, Fagan signed an agreement allowing parking on "that portion of said park now set aside for the parking of vehicles."

The Olds family in San Francisco, the heirs of Helene Irwin Fagan, indicated in 1993 that they believed the area should remain a park. William L. Olds Jr., grandson of Fagan, is board chairman of the Irwin Foundation.

But Scott McCormack, a marketplace executive, said the Irwin family donation amounts to 24 percent of the 2.2 acre site and that should not dictate use of the entire site, most of which is owned by the state.

McCormack said that 60 percent of the total land area is now used for parking, and the new park would have 70 percent of the surface area as landscaped park.