A94-706 Ka`ono`ulu Ranch OSC
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 30th, 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.
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
A94-706 – INTERVENORS’ MOTION TO CONDUCT PHASE II OF CONTESTED CASE PENDING SINCE 2012, AND FOR FINAL DECISION (12/7/18)
Due to the volume of filings, please click on each heading below for additional details
LUC notice to OEQC re: Denial of FEIS (7/27/17)
Correspondence from Petitioner to LUC Re: 8 Revised Response Letters (6/26/17)
Letter file from Maui Tomorrow is too large please use the link below to download/view the Maui Tomorrow Foundation letter.
7 Remaining Revised Response Letters
- State Dept. of Health, Maui District Office
- Maui County Dept. of Water Supply
- Kihei Community Association
- South Maui Citizens for Responsible Growth
- Dick Mayer
- Daniel Kanahele
- Clare Apana
Petitioner’s Letter informing the LUC that Piilani Promenade North, LLC and Piilani Promenade South, LLC had been approached by Maui Electric Company to allow construction of a substation on the northeast corner of the property. 4/1/16
Twentieth Annual Report (2015) of Honua`ula Partners LLC rcvd 6/28/16 County remarks– 9/15/16
Maui County review of Sixteenth Annual Report (pdf): 2012 annual rprt cty review A94-706
Tenth to Thirteenth Annual Reports with letter of explanation – Piilani Promenade South LLC and Piilani Promenade North LLC , and Honua`ula Partners become Successor Petitioners (successors-in-interest) to Maui Industrial Partners and original Petitioner Kaono`ulu Ranch (pdf)
Maui Industrial Partners becomes Successor Petitioner to Kaono`ulu Ranch in 2005
Public Comments to LUC
LUC Exhibit 1 submitted at July 19-20, 2017 meeting by public witness Linda Barry at the request of Commissioner Okuda
July 18, 2017 public comment from Henry Rice sent to LUC via email by Lisa Cataldo
July 17, 2017 public comments from:
Daniel Kanahele December 8, 2015
AUG 2012 (pdf): A94-706 testimony AUG 2012
SEP-OCT 2012 (pdf): A94-706 testimony SEP-OCT 2012
NOV 2012 (pdf): A94-706 public testimony 11-1-12 , A94-706 public testimony material 11-2-12, collection of postcards from public submitted by Petitioner-sample copy of postcard with attached letter from Petitioner (pdf): A94-706 nov 27 2012 postcards from public collected and submitted by Petitioner
NOV 23, 2012- FEB 1, 2013 (pdf): A94-706 public nov 2012-feb 2013
Responses to EISPN Comments
Public Comments on Draft EIS
Zandra Amaral Crouse (and DAGS-Public Works, DOH- Clean Water Branch, DOH-Maui District Health Office)
Public Comments on Proposed Final EIS
Mary and Kurt Wagner dated May 5, 2017
Kihei Community Association dated May 8, 2017
South Maui Citizens for Responsible Growth dated May 8, 2017
Notices and Orders
- Maui County’s Motion to Exclude Further Public Testimony (pdf): LUC A94-706 order denying cty mtn to xcld pub. test.
- Intervenor’s Pre-Hearing Motion IN LIMINE regarding the scope of evidence (pdf): LUC A94-706 order denying without prej. intrvnr mtn in limine
- County of Maui’s Motion to Exclude Evidence Related to the 1998 Kihei-Makena Community Plan and Determination of Scope of Review (pdf): LUC A94-706 order denying without prej. cty mtn to xcld evidence
- the Motion to Take testimony of Carla M. Flood Via Telephone (pdf): LUC A94-706 order denying intrvnr mtn to take carla flood test.
- Order Granting Intervener Motion for Hearing dated September 10, 2012
- Order to Show Cause dated September 17, 2012
- Pi`ilani Promenade South, LLC and Pi`ilani Promenade North, LLC’s Motion to Stay Phase II of the Order to Show Cause Proceeding.
- Intervenors’ Motion to Conclude Contested Case at the Earliest Practicable Time
- Pi`ilani Promenade South, LLC and Pi`ilani Promenade North, LLC’s Motion to Strike and Objection to INTERVENORS’ SUPPLEMENTAL MEMORANDUM IN SUPPORT OF (1) INTERVENORS’ MOTION TO CONCLUDE CONTESTED CASE AT THE EARLIEST PRACTICABLE TIME, FILED APRIL 16, 2013, AND (2) INTERVENORS’ MEMORANDUM IN OPPOSITION TO PIILANI PROMENADE SOUTH, LLC and Pi`ilani Promenade North, LLC’S MOTION TO STAY PHASE II OF THE ORDER TO SHOW CAUSE PROCEEDING, FILED APRIL 16, 2013
- Docket No. A94-706 LUC 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 (pdf)
- Order DETERMINING (1) THAT THE STATE LAND USE COMMISSION AGREES TO BE THE ACCEPTING AUTHORITY PURSUANT TO CHAPTER 343, HAWAI`I REVISED STATUTES; AND (2) THAT THE PROPOSED ACTION MAY HAVE A SIGNIFICANT EFFECT UPON THE ENVIRONMENT TO WARRANT THE PREPARATION OF AN ENVIRONMENTAL IMPACT STATEMENT
- A94-706 FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION AND ORDER DENYING THE ACCEPTANCE OF A FINAL ENVIRONMENTAL IMPACT STATEMENT (7/27/17)
- Pre-Hearing Order (9/11/12)