2020 Motion to Amend

On August 20, 2020, Petitioner Department of Education filed its Motion to Amend the LUC’s Findings of Fact, Conclusions of Law and Decision and Order Filed July 29, 2013:

LUC Notices & Orders Petitioner Filing State Office of Planning & Sustainable Development (OPSD) Filings County of Maui filings Correspondence Public Testimony

LUC DECISION & ORDER (09/28/2022)
Order Denying Petitioner Department of Education’s Motion to Amend the Land Use Commission’s Findings of Fact, Conclusions of Law, and Decision and Order Filed on July 29, 2013

Agenda & Minutes

September 09-10, 2020: Agenda | Minutes | (SEP 09): Transcript | YouTube (SEP 10): Transcript | YouTube

November 04-05, 2020: Agenda | Minutes | (NOV 04): Transcript | YouTube (NOV 05): Transcript | YouTube

August 25, 2021: Agenda | Minutes | Transcript | YouTube

September 08-09, 2021: Agenda | Minutes | (SEP 08): Transcript | YouTube (SEP 09): Transcript | YouTube

October 27, 2021: Agenda | Minutes | Transcript | YouTube

Petitioner Department of Education, State of Hawaii’s Motion to Amend the Land Use Commission’s Findings of Fact, Conclusions of Law and Decision and Order Filed July 29, 2013; Memorandum in Support of Motion; Exhibits “1”-“9”; Verification of Randall M. Tanaka; Declaration of Stuart N. Fujioka; Certificate of Service dated August 20, 2020 (8/20/2020)
Quick Links to Motion and its associated parts:
- Motion
- Exhibit 1– 2013 Order
- Exhibit 2– Pedestrian Route Study
- Exhibit 3– HDOT letter- October 1, 2015
- Exhibit 4– October 25, 2016 F&P Review
- Exhibit 5– July 18, 2017 DOT TIAR
- Exhibit 6– February 1, 2019 Maui County Reso. 19-20
- Exhibit 7– 2019 Order
- Exhibit 8– June 2020 Traffic Evaluation by WSP
- Exhibit 9– HDOT letter August 5, 2020
- Verification Randall M. Tanaka
- Declaration Stuart N. Fujioka
- COS
Petitioner Department of Education, State of Hawaii’s Update Regarding its Motion to Amend the Land Use Commission’s Findings of Fact, Conclusions of Law and Decision and Order Filed July 29, 2013; Exhibits 10-18; Certificate of Service dated November 2, 2020 (11/2/2020- entire update)
- Update to Motion
- Exhibit 10 2020.10.06_PHASING PLAN
- Exhibit 11 Kihei High School Intersection Alternatives Analysis 20190801
- Exhibit 12 LUC Motion for Kihei High School
- Exhibit 13 DOT’s Pedestrian Underpass Analysis Process
- Exhibit 14 As-built drawing of Kulanihakoi Bridge
- Exhibit 15 FEMA Flood Map for Kulanihakoi Gulch
- Exhibit 16 As-built drawing of Waipuilani Bridge
- Exhibit 17 Roundabout drawing
- Exhibit 18 Speed survival rate chart
Petitioner Department of Education, State of Hawaii’s Response to Land Use Commission’s Letter dated November 10, 2020 with Respect to Petitioner’s Motion to Amend the Land Use Commission’s Findings of Fact, Conclusions of Law and Decision and Order filed July 29, 2013: Exhibits “19-30”; Certificate of Service (02/02/21- entire update)
- Exhibit 19 Commission’s Letter re DOE Questions to Answer
- Exhibit 20 Stipulated Findings of Fact Conclusions of Law and D & O 06-25-2013
- Exhibit 21 Office of Planning’s Statement of No Opposition 06-25-2013
- Exhibit 22 County of Maui’s Department of Planning Statement of No Opposition 06-26-2013
- Exhibit 23 Commission’s Meeting Transcript 06-27-13
- Exhibit 24 Email re Site Visit 05-31-18
- Exhibit 25 Commission Minutes of 06-14-18 Meeting
- Exhibit 26 Stantec Consulting Report 08-10-12
- Exhibit 27 Stantec Scope of Work 03-15-12
- Exhibit 28 2014 WALC Report
- Exhibit 29 FP Letter 10-25-16
- Exhibit 30 Kihei Community Meeting Invitation 01-12-21
Petitioner Department of Education, State of Hawaii’s Request for the Issuance of Written Findings as to its August 20, 2020 Motion to Amend the Land Use Commission’s Findings of Fact, Conclusions of Law and Decision and Order filed July 29, 2013: Declaration of Stuart N. Fujioka; Exhibits 31-37; Certificate of Service (7/29/2021)
Kihei High School Annual Report 2021 (8/02/2021)
DOE’s Emergency Motion for Recusal or Disqualification of LUC Chair (8/19/2021)
Supplemental Exhibit to Petitioner Department of Education, State of Hawaii’s Motion to Amend the Land Use Commission’s Findings of Fact, Conclusions of Law and Decision and Order Filed July 29, 2013; Exhibit 38; Certificate of Service (8/31/2021)
Supplemental Exhibits to Petitioner Department of Education, State of Hawaii’s Motion to Amend the Land Use Commission’s Findings of Fact, Conclusions of Law and Decision and Order Filed July 29, 2013; Exhibits 39-42; Certificate of Service (8/31/2021)
Supplemental Exhibits to Petitioner Department of Education, State of Hawaii’s Motion to Amend the Land Use Commission’s Findings of Fact, Conclusions of Law and Decision and Order Filed July 29, 2013; Exhibits 43-44; Certificate of Service (9/7/2021)
Petitioner Department of Education, State of Hawaii’s Motion to Amend the Land Use Commission’s Findings of Fact, Conclusions of Law and Decision and Order Filed July 29, 2013; Exhibit “45”; Certificate of Service (9/8/2021)
DOE submittal of written testimony of Edwin Sniffen, Deputy Director of the Hawaiʻi State Department of Transportation’s Highways Division (10/26/2021)
Petitioner DOE’s Response to the Department of Planning, County of Maui’s Supplement No. 2 to Its Position Statement on DOE’s Request for the Issuance of Written Findings (10/26/2021)
Supplemental Exhibits to Petitioner Department of Education, State of Hawaii’s Motion to Amend the Land Use Commission’s Findings of Fact, Conclusions of Law and Decision and Order Filed July 29, 2013; Exhibits “46-47”; Certificate of Service (10/27/21- filed and accepted during LUC hearing)

OP’s Response to Petitioner’s Motion to Amend the Findings of Fact, Conclusions of Law and Decision and Order Filed July 29, 2013 (9/1/2020)

OPSD Response to Pet’s Request for the Issuance of Written Findings (8/17/2021)

OPSD’s Response to DOE’s Emergency Motion for Recusal (9/3/2021)

Maui County Planning Department position statement on A11-794 (8/28/2020)

County of Maui’s Position Statement on DOE’s Request for the Issuance of Written Findings; COS (08/24/2021)

Supplements to County of Maui Position Statement (9/8/2021)

Supplement to COM Position Statement

Exhibit A: Pedestrian Crossing Guidelines

Exhibit B: Quantifying Benefits of Separating Pedestrians & Vehicles

Certificate of Service

Supplements 2 to County of Maui Position Statement (10/14/2021)

COM Supplement No. 2 to Position Statement

Exhibits 1-7

COS

Request for hearing- In ref to Petitioner’s Motion to Amend LUC’s FOF, COL and D&O (05/04/21)

09/08/2020: Kihei Community Association comments on under/overpass

09/07/2020: Public Comments from Dr. Mary Trotto, Andrew Beerer, Therese Klaty, Randy Wagner, Patricia & Jefferson Stillwell, Natalia Hussey-Burdick, State Representative Tina Wildberger

09/08/2020: Late adds from Adele Rugg, Mark Hyde, Richard Moss

09/10/2020: Late add from Laura Dunham

11/02/2020: Andrew Beerer

NOV 3-4, 2020– Mike Moran, Libby and Terry Fulton, Patricia Stillwell, Representative Tina Wildberger

NOV 10, 2020– LUC letter with questions for DOE/DOT to respond to re: traffic infrastructure

Public Comments 2021:

Other Testimony:
- Kihei Community Association letter (08/10/2021)
- House Representative District 11 – Tina Wildenberger (8/25/2021)
- Wailea Community Association (9/3/2021)
- Maui County Council Member- Kelly Takaya King (09/07/2021)
- House Representative- Tina Wildenberger- Clarification to DOE Funding (09/09/21)

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2020 Motion to Amend

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