Land Use Commission

Docket Status

On August 24, 2012, a hearing and action meeting regarding Docket No. A94-706 and Movant Maui Tomorrow Foundation, Inc., South Maui Citizen for Responsible Growth and Daniel Kanahele’s Motion for Hearing, Issuance of Order to Show Cause and Other Relief (hereafter referred to as Movant’s Motion) filed on May 23, 2012, was held on Maui.  The Commission granted Movant’s Motion for Order to Show Cause and ordered the landowners, Pi`ilani Promenade North LLC, Pi`ilani Promenade South LLC, and Honua`ula Partners, LLC to show cause why the land should not be reverted from Urban to its former classification of Agriculture.

On August 30^th, 2012, the Commission received Movant’s Maui Tomorrow Foundation, Inc., South Maui Citizens for Responsible Growth and Daniel Kanahele’s Petition to Intervene in Show Cause Hearing and granted this Petition at the September 6-7, 2012, meeting on Maui.

During September 2012, the Commission also met to address several motions in preparation for its November 15-16, 2012, meeting on the Order to Show Cause.  On September 10, 2012, the Commission issued an Order Granting Movant’s Motion for Hearing.

The LUC held meetings in November 2012 and February 2013 on this matter

On February 7, 2013, the State of Hawai’i Land Use Commission (“Commission”) determined under Phase I of the Order to Show Cause proceeding that both Pi’ilani Promenade South, LLC, and Pi’ilani Promenade North, LLC (collectively “Pi’ilani’), and Honua’ula Partners, LLC (“Honua’ula’), had violated Condition Numbers 5, 15, and 17 of this Commission’s Findings of Fact, Conclusions of Law, and Decision and Order filed February 10, 1995, in the subject docket.  (Ka’ono’ulu Ranch, the original Petitioner and Pi’ilani’s and Honua’ula’s predecessor, had proposed to develop the Petition Area as the Ka’ono’ulu Industrial Park, consisting of a 123-1ot commercial and light industrial subdivision.)

Having found that there was a failure to perform according to the conditions imposed or to the representations or commitments made during this first phase of the Order to Show Cause proceeding, the Commission will determine in the next phase (i.e., Phase II) whether reversion of the Petition Area to its former land use classification or to a more appropriate classification is the appropriate remedy.

On July 12, 2013, the Commission issued an ORDER GRANTING PI’ILANI PROMENADE SOUTH, LLC, AND PI’ILANI PROMENADE NORTH, LLC’S, MOTION TO STAY PHASE II OF THE ORDER TO SHOW CAUSE PROCEEDING and the Petitioner is currently preparing its Final Environmental Impact Statement.

Current Activity

On May 8, 2017, the applicant informed the LUC that they had requested a retraction of their filed FEIS and the request to publish its availability in the Environmental Notice by the Office of Environmental Quality Control.  Further, the applicant has informed the LUC by e-mail that it will be filing a similar retraction of its filing of the FEIS with the LUC on May 9, 2017.  The LUC has removed the FEIS from this website pending an official refiling of the FEIS with our office.

The LUC cancelled the scheduled May 18-19, 2017, hearing on Maui to determine whether to accept the proposed FEIS and scheduled a July 19-20, 2017, hearing date after the Petitioner refiled the FEIS with our office.  The LUC voted to deny the acceptance of the FEIS and sent a notice to OEQC of their action.  The Decision and Order regarding this matter can be viewed in the Notice and Orders section below.

Petitioner Request to Retract FEIS Letter to LUC dated May 9, 2017