DR19-65 Department of Planning, County of Maui (re: A11-794 Department of Education; New Kihei High School)

On February 20, 2019 the Commission heard a status report on Docket No. A11-794 State of Hawaii, Dept. of Education- Kihei High School,(Maui) to Amend the Agricultural Land Use District Boundaries into the Urban Land Use District for Approximately 77.2 acres of land at Kihei, Maui, Hawaii, Maui Tax Map key No. 2-2-02:81 and 83.

A brief history of the A11-794 status report:

On December 5, 2018 the Commission received correspondence from the Council of Maui County requesting a status report.
On December 7, 2018, the Commission Chair acknowledged Maui County Council’s request for an evening meeting for a status conference.
On February 4, 2019, the Commission received correspondence from Council of Maui County advising that a resolution had been adopted Requesting that the Commission issue a Declaratory Ruling reiterating and affirming the requirement for a pedestrian overpass or underpass to allow safe access to Kihei High School.
On February 11, 2019, the Commission mailed agenda meeting notices to the Parties, Statewide and Maui mailing lists.

The Commission held a hearing on the matter on Maui on April 3, 2019.  The Commission agreed with the County of Maui position and reaffirmed the condition to require the completion of an over or underpass prior to the opening of the school.  A decision and order on the matter was mailed to the Parties on April 25, 2019.


County Filings

On February 22, 2019, the Commission received Petitioner Department of Planning, County of  Maui’s Petition for Declaratory Order; Declaration of Michele McClean; Exhibits “1”-“8”; Certificate of Service.


OP Filings

OP Comment Letter on DOE’s March 20, 2019 filings re: Petition to Intervene and Motion to Continue Hearing and Deferral of Ruling (3/25/19)


DOE Filings (Intervenor in this matter)

DOE’s Withdrawal of Its Petition to Intervene Filed March 20, 2019 and

DOE’s Withdrawal of Its Motion to Continue Hearing and Deferral of Ruling on Petitioner Department of Planning, County of Maui’s Petition to Issue a Declaratory Order Filed March 20, 2019; both of which were filed on March 29, 2019.

withdrawn* DOE’s Petition to Intervene and

withdrawn* DOE’s Motion to Continue Hearing and Deferral of Ruling on Petitioner Department of Planning, both filed on March 20, 2019

Notice of Appearance of Counsel (3/15/19)



LUC letter to County of Maui re: Filing Dates with cc: Parties (3/4/19)


Public Comments

Albert Moriarty

Amy Reiri

Annette Schmidt

Diane Laney

James Williams

Julie Williams

Patricia Stillwell

Carol Holland

Sean Cooke

Carol Clawson


John Laney

De Austin


Notices & Orders

Order Granting Petitioner Department of Planning County of Maui’s Petition for Declaratory Order and Certificate of Service to Parties (4/25/19)