A07-773 Emmanuel Lutheran Church of Maui- Motion for Extension of Time to Complete Project

BACKGROUND (click to link to previous Petition History)

The Land Use Commission (LUC) reclassified approximately 25.263 acres of land in Wailuku, Maui into the State Land Use Urban District by Findings of Fact, Conclusions of Law, and Decision and Order in Docket No. A07-773 filed on March 7, 2008.  The Petitioner in that matter was EMMANUEL LUTHERAN CHURCH OF MAUI, a Hawai`i non-profit corporation (ELC), which is the current fee simple owner of the Petition Area.

The original development project for the Petition Area was planned to be developed in three phases and included the construction of necessary infrastructure, a pre-school building, classrooms, a multi-purpose complex, administration building, a building to house a library, computer lab, and science room, and a 450-seat sanctuary with additional classrooms.  Due to funding complications, and other negative factors, the Petitioner has concluded that the original proposed project has to be revised to a more modest plan that would still be substantially consistent with the originally proposed project, but scaled-down to better suit Petitioner’s needs.

The LUC imposed 23 conditions upon the initial reclassification of land and Petitioner is seeking relief from Condition No. 2 of the original Decision and Order in the form of an extension of time to complete the updated project.

This motion is requesting an extension under D&O Condition No.2 to allow for an additional ten years, until March 7, 2028 to complete development of the updated proposed project.  If granted, Petitioner proposes to return to the LUC and seek relief from certain other conditions and related modification in order to meet its updated project goals and allow for the development of a 100% affordable housing project to be known as the Waikapu Affordable Workforce Housing Project, within a portion of the Petition Area that the ELC intends to subdivide and convey to Waikapu Development Venture LLC.

On April 12, 2018, the LUC received Waikapu Development Venture LLC’s (WDV) Motion to be Co-petitioner; or in the Alternative to Become a Party; or in the Alternative to Intervene; Certificate of Service.  On June 22, 2018 the LUC approved WDV’s Motion to Intervene.  The LUC has tentatively set a hearing date on WDV’s Motion to Approve Sale, Allow Subdivision, and Bifurcate for November 15, 2018 on Maui.


Petitioner’s Request for Extension and Waiver (10/19/18)

State Office of Planning Filings

County Filings

COM Errata to Position Statement and Statement of No Position on Waikapu Development Venture’s Errata (11/27/18)

COM Response to Emmanuel Lutheran Church of Maui’s Motion for Modification and COM Response to WDV’s Motion to Approve Sale; Motion to Allow Subdivision and Motion to Bifurcate (11/21/18)

Intervenor – Waikapu Development Venture LLC (WDV) Filings

A07-773 Waikapu Development Venture LLC’s Errata to Motion for Modification (11/15/18)

WDV Request to LUC Chair to Extend Time to November Hearing filed October 15, 2018

*LUC-Chair Scheuer letter granting Intervenor WDV extension and limited waiver to accommodate November 15, 2018 hearing date. (10/16/18)*

Motion to Approve Sale, Motion to Allow Subdivision, and Motion to Bifurcate, Exhibits 1-3,  filed October 12, 2018

WDV’s Motion for Modification; Memorandum in Support of Motion; Affidavit of William Frampton; Exhibits A-F; COS (10/26/18)




OP request for filing extension till May 1, 2018 (4/12/18)

LUC response to OP request granting extension to April 27, 2018. (4/13/18)

*LUC-Chair Scheuer letter granting Intervenor WDV extension and limited waiver to accommodate November 15, 2018 hearing date. (10/16/18)

OP Request by Parties for Extension of Time (10/18/18)

*LUC-Chair Scheuer letter response to ELC and OP Request by Parties for Extension of Time, etc. to accommodate November 29, 2018 hearing date (10/22/18)


Decision and Order

Order Granting WDV’s Motion to Intervene dated June 22, 2018

7/11/19- Mailed orders listed below to Parties-

Findings of Fact, Conclusions of Law, Decision and Order Granting Petitioner ELC’s Motion for Extension of Time to Complete Project and Motion for Modification; COS

Findings of Fact, Conclusions of Law, Decision and Order Granting WDV’s 1) Motion to Approve Sale of a Portion of the Petition Area; 2) Motion to Allow for Subdivision of Petition Area; 3) Motion to Bifurcate; and 4) Motion for Modification; COS