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  The Petitioner requested that the Petition be withdrawn in June 2021 and the LUC has issued an order accepting the Motion to Withdraw.