A04-751 MAUI LAND & PINEAPPLE COMPANY, INC. – Motion of Petitioner Maui Oceanview LP to Amend 2006 Decision and Order

Status:

On November 22, 2017, the Commission received Motion of Petitioner Maui Oceanview LP to Amend Docket No. A04-751 2006 Decision and Order (Maui Land & Pine’s Petition to Amend the Agricultural District Boundary into the Urban Land Use District for Approximately 310.440 Acres of Land at Mahinahina and Kahana, District of Lahaina, Maui, Hawaii, Tax Map Key No. 4-3-01; POR. 31 and 79); Memorandum in Support of Motion; Declaration of Paul Cheng; Exhibits A-F, Declaration of Gilbert S.C. Keith-Agaran; Exhibit G, Certificate of Service and $1000 filing fee, and hard copy and CD electronic version.

This Motion is currently under review.  A hearing on this matter will be held on December 4-5, 2019 on the Island of Maui at the Maui Arts and Cultural Center (MACC).

Petitioner Filings

Seventh Supplemental Memorandum in Support of Motion of Petitioner Oceanview LP to Amend Decision and Order; Declaration of Gilbert S.C. Keith-Agaran; Exhibit BB (12/3/19)

Memorandum on Legal Issues: Whether Pulelehua Requires a Supplemental EIS Supporting Good Cause to Amend the 2006 Decision and Order, Exhibit A, COS (11/15/19)

Sixth Supplemental Memorandum in Support of Motion of Petitioner Maui Oceanview LP to Amend Decision and Order; Declaration of Gilbert S.C. Keith-Agaran; Declaration of Paul Cheng; Exhibits A-3, A-4,M-2, Excerpt, M-3, N-3, N-4, N-5, O-1, O-2, R-3, W, W-2, X, Y, Z, AA; COS (11/14/19)

Petitioner’s Exhibit “W” filed at LUC mtg on Maui (9/26/19)

Summary of Petitioner’s Submittals

Conceptual Site Plan – March 15, 2019

Fifth Supplemental Memorandum in Support of Motion of Petitioner Maui Oceanview LP to Amend Decision and Order (9-16-19)- This Memorandum came in 8 separate files- please click on each separate file to access

    1.  Cover Page
    2. Table of Contents
    3. Fifth Supplemental Cover Page
    4. Fifth Supplemental Memorandum
    5. Certificate of Service Cover Page
    6. Certificate of Service
    7. Exhibit O2 Cover Page
    8. Exhibit O2

Fourth Supplemental Memorandum in Support of Motion of Petitioner Maui Oceanview LP to Amend Decision and Order (9-19-19)- This Memorandum came in 8 separate files- please click on each separate file to access

    1. Cover Page
    2. Table of Contents
    3. Fourth Supplemental Cover Sheet
    4. Fourth Supplemental Memorandum
    5. Certificate of Service Cover Sheet
    6. Certificate of Service 9/9/19
    7. Exhibit R-2 Cover Page
    8. Proposed Findings of Fact, Conclusions of Law and Decision and Order

Revised Tables CBRE Report 

Petitioner’s responses to LUC comments re: Third Supplemental Memorandum, Memo in Support, Amended COS (9/16/19)

Third Supplemental Memorandum in Support of Motion of Petitioner Maui Oceanview LP to Amend Decision and Order (8-27-19)- This Memorandum came in 13 separate files- please click on each separate file to access.

1. Table of Contents
2. Cover Page
3. Third Supp Memo In Support of Motion
4. Exhibit I
5. Limited Warranty Deed
6. Exhibit J
7. Limited Warranty Deed
8. Exhibit M
9. Pulelehua TIAR Final
10. Exhibit U
11. Letter GKA to B Saruwatari
12. Exhibit V
13. Letter GKA to B Saruwatari

Second Supplemental Memorandum in Support of Motion of Petitioner Maui Oceanview LP to Amend Decision and Order (8-22-19)

Traffic Impact Analysis Report (TIAR) Final Draft (8/20/19)

Petitioner response to additional LUC email comments (8/20/19)

Petitioner response to LUC email comments of July 24, 2019 (8/5/19)

Second Supplemental in Support of Maui Oceanview LP’s Motion to Amend Decision and Order (6-21-19)

Fifth Stipulation to Extend Time to Respond to Motion of Petitioner Maui Oceanview LP to Amend Decision and Order  (11/8/18)

Fourth Stipulation to Extend Time to Respond to Motion of Petitioner Maui Oceanview LP to Amend Decision and Order (10/15/18)

Supplemental Memorandum in Support of Motion of Petitioner Maui Oceanview LP to Amend Decision and Order (no cover letter or letter of transmittal 8/28/18)

Third Stipulation to Extend Time to Respond to Motion of Petitioner Maui Oceanview LP to Amend Decision and Order (2/23/18)

Second stipulation to Extend Time to Respond to Motion of Petitioner Maui Oceanview LP to Amend Decision and Order (12/19/17)

Stipulation to Extend Time to Respond to Motion of Petitioner Maui Oceanview LP to Amend 2006 Decision and Order (11/29/17)

Motion of Petitioner Maui Oceanview LP to Amend Docket No. A04-751 2006 Decision and Order (11/22/17)

Memorandum in Support of Motion;

Declaration of Paul Cheng;

Exhibits

A- Conceptual Site Plan

A- Phase Phasing Plan

B – Pulelehua P1 Site Plan

C- Pulelehua TIAR

D- Ethnographic Survey

D- Pulelehua Cultural Inventory Assessment Update 6-5-2017

E- Final Supplemental Cultural Impact Assessment – November 2017

F- Pulelehua Market Study, Economic Impact Analysis, and Public Fiscal Assessment of the Proposed Pulelehua 1,200 unit Apartment Project

G- Pulelehua Preliminary Drainage Report

Declaration of Gilbert S.C. Keith-Agaran;

Certificate of Service

Certificate of Service-Maui County Department of Public Works (12/26/17)

Certificate of Service Re: Certificate of Service-Maui County Department of Public Works (12/26/17)

Notice of Change of Ownership and 2017 A04-751 Annual Report (6/16/17)

Petitioner Response to LUC comments (8/28/18)

 

 

OP Filings

OP Response to Specific Issues identified by LUC (11/19/19)

Statement of Position of the Office of Planning (9/24/19)

County Filings

County’s List of Deficiencies in Amended Decision and Order (9/25/19)

County Position Statement (9/16/19)

Correspondence

LUC letter acknowledging receipt of Motion w/ comments (12/11/17)

 

Public /Agency Comments

Public Comments received December 5, 2019 LATE

Kai Nishiki – Settlement Agreement

Public Comments received December 5, 2019 LATE

Sierra Club, Maui Group (Lucienne de Naie)

Public Comments received December 4, 2019 LATE

Nipuu Keahi-ng; Tiare Lawrence; Kukui Keahi; Charkel Vasquez; Karen Comcowich; Tricia Petersen; Jim Petersen; Keani Rawlins; and Kirra Downing

Public Comments received December 3, 2019 LATE

Archie Kalepa; Kai Nishiki; Lahela Aiwohi; Mike Molina

Public Comments received December 3, 2019

Alice Lee; Fred Findlen; Gretchen Losano; Stan Franco; Tambara Garrick; Teresa Jacques; Shane Sinenci; Wayne Hedani; Laura Kaplan; Malia King

Public Comment received December 3, 2019

Lori Sablas

Public Comments received between November 23-December 2, 2019

Kai Nishiki; Kamuela Samudio; Joseph Pluta; Pat Lindquist; Shauna Buckner; R. Kehau Filimoe`atu; Ravinder Bugga; Gordon Firestein; Maria Linz; Doris Lang; Michael Williams (Maui Tomorrow)

Public Comments received

October 31, 2019 – County of Maui Department of Planning

Public Comment received at LUC mtg on Maui 9/25/19 (Dick Meyer)

December 4, 2017- County of Maui- Housing and Human Concerns letter

Public Comments received by LUC via email (9/25/19)

Crystal Smythe; Tamilyn White; Carrie Larrita; Delaney De La Barra; Dina Edmisson; Michelei Tancayo; Karen Comcowich; Pi’imauna Aiwohi; Kennard Kekona; Gretchen Losano; Jen Mather; Michaellyn Burke; Ashley Olson; Mike Jucker;

Public Comments received by LUC via email

Emili Jansevskis; Rita Medina

Public testimony received from Petitioner (testimony sent directly to Petitioner) (11/19/19)

Public Comments received by LUC via email (Batch 1) (11/27/19)

Douglas Fischer; Josh Massion; Dean Otto; Brian Richard; Barry Lee Brown; Danny Shay; Josh Gruber

Public Comments received by LUC via email (Batch 2) (11/27/19)

Michael Reid; Jill Clark; AnneLouise Riach; Kathryn Riach; Scott Davalos; Diana Rodburn; Buz Moffet; Laura Massion; Kimo Clark; Derek and Kristen DeCrausaz; Yvette Richard; Ellen Geary; Mike Jucker; AnneLouise Riach; Tim Hehemann; Kathryn Riach (11/27/19)

Public Comments received by LUC via email (12/2/19)

Danielle Gaveglio

PROPOSED INTERVENOR-“KAHANA HUI LOT OWNERS GROUP” (Please click on this link to access  the materials that are associated with the Intervenor’s activity) 11/27/19

Notices and Orders

 LUC ORDER DEFERRING DECISION-MAKING ON MAUI OCEANVIEW LP’S MOTION TO AMEND DECISION AND ORDER; COS    (10/28/19)