Land Use Commission

Background

On November 4, 2011, Three Stooges LLC filed a petition to reclassify approximately 97 acres of land from the State Agricultural District to the State Urban District in Kapa`a, island of Kaua`i.  The project was identified as Kapa`a Highlands Phase II.

Status

By motion filed on October 29, 2014, HG Kaua`i Joint Venture, LLC requested:  recognition by the Land Use Commission of successor petitioner – HG Kaua`i Joint Venture, LLC to continue with the Petition; for the LUC to agree to be the accepting authority for Chapter 343, HRS, compliance; the LUC’s authorization to go direct to preparing an EIS preparation notice (EISPN); and, asking for a hearing on the matter.  The LUC held a hearing on December 11, 2014 where it approved the applicant’s motion and directed that they proceed to filing an EISPN with the State Department of Health – Office of Environmental Quality Control (DOH-OEQC).  Petitioner filed a Draft EIS (DEIS) for public review and comment until June 22, 2015.  On March 19, 2018, Petitioner filed a “draft” Final EIS (FEIS) for review by the public, government agencies, and the Commission.  On March 28, 2018, Petitioner filed a Notice of Withdrawal of Draft Final Environmental Impact Statement; COS.  The Petitioner filed a 2nd Draft EIS on October 18, 2018 that was published in the OEQC Environmental Bulletin on November 8, 2018; the new 45-day comment period ended on December 24, 2018.

On November 22, 2019, the Petitioner filed a Final EIS with the Commission and it will be published in the OEQC Environmental Bulletin on November 23, 2019.

The Commission had a hearing on December 17, 2019 on Petitioner’s Final EIS.  The Commission accepted the Final EIS as adequate on December 17, 2019 on Kaua`i.

The Petitioner has updated and resubmitted their Petition for LUC to review. The Petition was deemed a complete filing on September 18, 2020 and will be scheduled for hearing no sooner than 60 days and no later than 120 days from this date.

A hearing to hear the intervention request by Liko-o-kalani Martin was held on December 3, 2020 using Zoom video-conference technology.  Public testimony was taken at the hearing.

Public hearings on the Petition were held throughout 2021 via Zoom video-conferencing technology.  The Petitioner requested that the Petition be withdrawn in June 2021 and the LUC has issued an order accepting the Motion to Withdraw.