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.
A hearing on this matter was held on December 4-5, 2019 on the Island of Maui at the Maui Arts and Cultural Center (MACC) and a Stipulated Amended Findings of Fact, Conclusions of Law and Decision and Order was issued on July 30, 2019.
Maui Oceanview LP’s response to the Petition to Intervene submitted by the Kahana Hui Lot Owners (12/4/19)
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)
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
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
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
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)
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)
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
D- Pulelehua Cultural Inventory Assessment Update 6-5-2017
E- Final Supplemental Cultural Impact Assessment – November 2017
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)
Petitioner filings on 6/5/2020
(1)SUBMISSION OF AND STIPULATION REGARDING PROPOSED AMENDED FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION AND ORDER *(“Stipulation”) related to Maui Oceanview LP’s motion to amend the 2006 Decision and Order in this proceeding; and
(2) Copy of the proposed Amended Decision and Order.
*The Stipulation includes an e-signature for the Deputy Corporation Counsel and faxed signature from the Deputy Attorney General to confirm agreement with the proposed Decision and Order.
Petitioner’s Statement of Imposition of Conditions (8/14/2020)
County’s List of Deficiencies in Amended Decision and Order (9/25/19)
County Position Statement (9/16/19)
Public Comments received July 3, 2020 from Michele Lincoln
Public Comments & Miscellaneous material taken at December 4, 2019 LUC meeting on Maui
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)
Public Comments received by LUC on 12/6/18 from Maui County Council and Stand Up Maui
On November 27, 2019, a Notice of Intent to Intervene and Petition to Intervene; and Exhibits 1-6 were filed with the LUC by Michael C. Carrol, Attorney at Law, Bays Lung Rose & Holma on behalf of the Kahana Hui Lot Owners Group. Mr. Carrol also submitted public testimony and exhibits 1-4 in opposition to the Motion to Amend. This material was filed too late to make the December 4-5, 2019 agenda and will be heard at a future date to be determined.
Notice of Intent to Intervene and Petition to Intervene; COS (11/27/19)
Proposed Intervenors’ List of Exhibits to Petition to Intervene in Maui Oceanview LP’s Motion to Amend Decision and Order (Filed November 27, 2019)
Exhibit 1 – 2005-08-08-MA-FEIS-Pulelehua-Vol-1 SITE PLAN
Exhibit 2 – Exhibit-A-Exhibit-Conceptual-170809_Conceptual-No-Aerial
Exhibit 3 – A04-751-Pulelehua Site Plan 31519
Exhibit 4 – Ala Hoku Signed Petition
Exhibit 5 – Oceanview Deed Doc No. A-59980843
Exhibit 6 – Oceanview Deed Doc No. A-5998044
Proposed Intervenors’ List of Exhibits to Testimony in Opposition to Maui Oceanview LP’s Motion to Amend Decision and Order (Filed November 27, 2019)
Exhibit 1 – 2005-08-08-MA-FEIS-Pulelehua-Vol-1 SITE PLAN
Exhibit 2 – Exhibit-A-Exhibit-Conceptual-170809_Conceptual-No-Aerial
Exhibit 3 – A04-751-Pulelehua Site Plan 31519
Exhibit 4 – Ala Hoku Signed Petition