A15-798 Waikapu Properties, LLC, et al


Petitioner Waikapu Properties, et.al., filed a petition with the Commission on April 16, 2015 for their project called Waikapu Country Town.  The Commission heard Petitioner’s Motion asking the Commission to be the approving authority for an Environmental Impact Statement (EIS) and to go straight to preparation of an EIS document at its hearing on Maui on April 29, 2015.  The Commission granted Petitioner’s Motion by Order dated May 1, 2015 (see below under LUC Notices and Orders).  Petitioner filed a draft EIS (DEIS) with the State Office of Environmental Quality Control (OEQC) which was published on February 8, 2016.  The public review and comment period for the DEIS ran until March 24, 2016 *(original deadline as published in February 8 OEQC Bulletin was March 28).  The Public Comments section contains comments received during that time period.  The draft Final EIS (FEIS) was published in the January 8, 2017 issue of the OEQC Bulletin; but you can access a complete copy in sections from the link below.  The Commission accepted the FEIS on January 18, 2017 on Maui.

The Petitioner provided the Commission with an amended Petition that incorporated information contained within the accepted FEIS and any additional required information, and the Commission reviewed the application for completeness.  The Petition was deemed a complete filing on June 9, 2017, and the Commission’s 365-day time period for making a decision has begun.

The Commission approved the Petition in February, 2018.  Findings of Fact, Conclusions of Law, Decision and Order (2/26/18)


Post-Decision ActionsLUC Decision & OrdersPetitioner FilingState Office of Planning & Sustainable Development (OPSD) FilingsCounty of Maui FilingsStipulationCorrespondencePublic CommentsLUC Agenda & MinutesAnnual Reports

JAN 24 Petitioner’s Supplemental Proposed Findings of Fact, Conclusions of Law and Decision and Order (1/25/18 email – 1/29/18 hard copy)

Petitioner’s Second Supplemental Exhibit List, COS (1/4/18)

Petitioner’s Proposed Findings of Fact, Conclusions of Law and Decision and Order (12/26/17)

Supplemental Exhibit List- Exhibits 36-49 submitted at LUC hearing on 12/6/17 on Maui

Petitioner’s Witness List (10/27/17) (*go to EXHIBITS to Amended Petition for links to Direct Witness Testimonies)

Petitioner’s Exhibit List (10/27/17)

Affidavit of Mailing of Notice of Filing of Amended Petition; Exhibits “1”-“3”; COS (7/25/17)

*Revised Exhibit 12 and Revised Exhibit 13 (11/2/17)
Exhibits 12 & 13 with metes and bounds descriptions signed and stamped by licensed surveyor (6/9/17)

Amended Petition for Land Use District Boundary Amendment filed May 1, 2017

EXHIBITS 1-50 to Amended Petition (*also click here for links to Direct Witness Testimonies)

Verification of Michael Atherton

Affidavit of Mailing, COS

Copy of Petitioner’s PowerPoint presentation used at LUC 1/18/17 meeting

Miscellaneous Correspondence and Informational material submitted with FEIS (12/23/16)

Petitioner’s draft Final EIS (12/23/16)

Petitioner Submittal Letter to OEQC of Draft EIS

Petitioner’s Draft Environmental Impact Statement (DEIS) published 2/8/2016

Environmental Impact Statement Preparation Notice (EISPN) filed 11/12/15

Part I  EISPN Report

Part II EISPN Appendices

Petitioner’s Affidavit of Notice of Filing Petition. Exhibit 1-3, COS

Petitioner’s Motion to Designate the Land Use Commission as Approving Agency for Environmental Statement Under HRS Chapter 343 and For Authority to Prepare Environmental Impact Statement, Memorandum in Support of Motion, Appendix “1”, COS 

PETITIONER’S Draft Petition, dated April 16, 2015


Stipulation by Parties re: Filing Dates; Order (10/3/17)


April 29, 2015: Agenda  |  Minutes

January 18-19, 2017: Amended Agenda  |  Minutes 01/18/17

August 23, 2017 (Site Visit): Agenda  |  Minutes

December 06-07, 2017: Agenda  |  Minutes 

January 24-25, 2018: Agenda  |  Minutes

February 21, 2018: Agenda  |  Minutes

September 23, 2021: Agenda  |  Minutes

2019 Annual Report (01/02/20)

2020 Annual Report (02/21/20) County Comments (03/05/20)

2021 Annual Report  (05/27/21) County Comments (09/10/21)

2022 Annual Report (03/07/22) County Comments (03/24/22)