A94-706 Ka`ono`ulu Ranch OSC

Docket Status

On August 24, 2012, a hearing and action meeting regarding Docket No. A94-706 and Movant Maui Tomorrow Foundation, Inc., South Maui Citizen for Responsible Growth and Daniel Kanahele’s Motion for Hearing, Issuance of Order to Show Cause and Other Relief (hereafter referred to as Movant’s Motion) filed on May 23, 2012, was held on Maui.  The Commission granted Movant’s Motion for Order to Show Cause and ordered the landowners, Pi`ilani Promenade North LLC, Pi`ilani Promenade South LLC, and Honua`ula Partners, LLC to show cause why the land should not be reverted from Urban to its former classification of Agriculture.

On August 30th, 2012, the Commission received Movant’s Maui Tomorrow Foundation, Inc., South Maui Citizens for Responsible Growth and Daniel Kanahele’s Petition to Intervene in Show Cause Hearing and granted this Petition at the September 6-7, 2012, meeting on Maui.

During September 2012, the Commission also met to address several motions in preparation for its November 15-16, 2012, meeting on the Order to Show Cause.  On September 10, 2012, the Commission issued an Order Granting Movant’s Motion for Hearing.

The LUC held meetings in November 2012 and February 2013 on this matter

On February 7, 2013, the State of Hawai’i Land Use Commission (“Commission”) determined under Phase I of the Order to Show Cause proceeding that both Pi’ilani Promenade South, LLC, and Pi’ilani Promenade North, LLC (collectively “Pi’ilani’), and Honua’ula Partners, LLC (“Honua’ula’), had violated Condition Numbers 5, 15, and 17 of this Commission’s Findings of Fact, Conclusions of Law, and Decision and Order filed February 10, 1995, in the subject docket.  (Ka’ono’ulu Ranch, the original Petitioner and Pi’ilani’s and Honua’ula’s predecessor, had proposed to develop the Petition Area as the Ka’ono’ulu Industrial Park, consisting of a 123-1ot commercial and light industrial subdivision.)

Having found that there was a failure to perform according to the conditions imposed or to the representations or commitments made during this first phase of the Order to Show Cause proceeding, the Commission will determine in the next phase (i.e., Phase II) whether reversion of the Petition Area to its former land use classification or to a more appropriate classification is the appropriate remedy.

On July 12, 2013, the Commission issued an ORDER GRANTING PI’ILANI PROMENADE SOUTH, LLC, AND PI’ILANI PROMENADE NORTH, LLC’S, MOTION TO STAY PHASE II OF THE ORDER TO SHOW CAUSE PROCEEDING and the Petitioner is currently preparing its Final Environmental Impact Statement.

Current Activity

On May 8, 2017, the applicant informed the LUC that they had requested a retraction of their filed FEIS and the request to publish its availability in the Environmental Notice by the Office of Environmental Quality Control.  Further, the applicant has informed the LUC by e-mail that it will be filing a similar retraction of its filing of the FEIS with the LUC on May 9, 2017.  The LUC has removed the FEIS from this website pending an official refiling of the FEIS with our office.

The LUC cancelled the scheduled May 18-19, 2017, hearing on Maui to determine whether to accept the proposed FEIS and scheduled a July 19-20, 2017, hearing date after the Petitioner refiled the FEIS with our office.  The LUC voted to deny the acceptance of the FEIS and sent a notice to OEQC of their action.  The Decision and Order regarding this matter can be viewed in the Notice and Orders section below.

Petitioner Request to Retract FEIS Letter to LUC dated May 9, 2017

 

Petitioner FilingIntervenor FilingsState Office of Planning & Sustainable Development (OPSD) FilingsCounty of Maui FilingsLUC Notices and OrdersCorrespondenceCommentsStatus Report

Intervenor Motions:

Intervenor’s Memorandum in Opposition to Petitioners’ Motion to Dismiss (02/06/19)

Intervenor filing (1/31/19)

INTERVENORS’ REPLY TO THE PARTIES’ RESPONSES TO INTERVENORS’ MOTION TO CONDUCT PHASE II OF CONTESTED CASE PENDING SINCE 2012; AND FOR FINAL DECISION; AND, INTERVENORS’ MOTION TO STRIKE PORTIONS OF THE PETITIONERS’ RESPONSES ATTEMPTING TO IMPROPERLY SUBMIT EVIDENCE

A94-706 – Intervenors’ Motion to Conduct Phase II of Contested Case Pending Since 2012, and for Final Decision (12/03/18)

Motion for Hearing, Issuance of Order to Show Cause, and Other Relief (05/24/2012)

Pre-Hearing Motion on Burden of Proof, etc.; Request for Hearing; Memorandum in Support; Certificate of Service

Motion to Take Testimony of Carla M. Flood Via Telephone; Memorandum in Support; Certificate of Service

Pre-Hearing Motion in Limine Regarding Scope of Evidence

Intervenor Witness and Exhibit Filings:

Intervenor Witness List

Intervenor Exhibit List

Intervenor Exhibits (pdf):  I-1 Petition for District Boundary Amendment all but fig 2&3,  I-2 1995 LUC Order,  I-3 Testimony of the County of Maui Planning Department filed October 11 1994,  I-4 Fourteenth Annual Report of Maui Industrial Partners,  I-5 Fifteenth Annual Report of Maui Industrial Partners,  I-6 MCPC Minutes Sep 8 1993,  I-7 MCPC Minutes August 22, 1996,  I-8 Maui County Council Planning Committee report 10.17.97,  I-9 KMCP adopted 1998 by ordinanceI-10 Update to Traffic Analysis April 1998,  I-11 KCA Carla Flood letter to MCPC August 22 1998,  I-12 Maui Planning Dept Recommendations for CIZ August 25 1998,  I-13 Maui Planning Dept Report August 25, 1998,  I-14 Dept of Planning letter Sep 20 1998 to Mayor Lingle,  I-15 LUC Minutes Mar 15 1999 Excerpts,  I-16 LUC letter to Council Apr 16 1999,  I-17 Subdivision Application,  I-18 Jencks letter to Arkakwa Apr 27 2009,  I-19 Eclipse Web Site Info from Feb 26 2012,  I-20 HDOT Correspondence from M. Hyde June 6 2012,  I-21 Excerpts from 070808 Minutes of Land Use Committee, I-22 100408 C. Jencks letter re W670Compliance2010, I-23 110412 C. Jencks letter re W670 compl2011, I-24 100622 Maui Planning Commission Minutes Excerpt, I-25 Ex A Resume – Dick Mayer Sept-2012, I-26 Ex A Michael W. Foley Resume,  I-27 Excerpts from Ord 3554,  I-28 Honua’ula’s 16th Annual Report,  I-29 Piilani’s 16th Annual Report,  I-30 Excerpts from Vol 1 and Vol 2 of Final Env Impact Statement of Honua`ula,  I-31 Warranty Deed from MIP to HP for property Aug 20 2009,  I-32 Warranty Deed from MIP to PPS Sep 2010,  I-33 Warranty Deed from MIP to PPN Sep 2010,  I-34 HDOT Correspondence from M. Hyde May 2 2012, Intervenors Witness List final (2) signedIntervenors Exhibit List Signed

Intervenor Rebuttal and Other Filings

Rebuttal Witness List

Expert Testimony (pdf):  Victoria A. Huffman PE Expert Witness Written Testimony, Expert Testimony – Dick Mayer (Intervenor’s Exhibit 25), Expert Testimony-M. Foley (Petitioner’s Exhibit I-26)

Intervenor’s Memorandum in Opposition to Department of Planning, County of Maui’s Motion to Exclude Evidence Related to the 1998 Kihei-Makena Community Plan and Determination of Scope of Review, COS

Intervenors’ Revised List of Exhibits to include Direct Written Testimony of Experts Marked as Exhibits 35-37, COS

Intervenor’s Proposed Findings of Fact for Phase One; Exhibit. 1 (Index of References for the Record); Exhibit. 2 (Points and Authorities in Support of Conclusions of Law 2 and 3)

Intervenor’s Objections to Piilani Promenade South, LLC and Piilani Promenade North, LLC’s Proposed Findings of Fact, Conclusions of Law and Decision and Order, filed December 21, 2012, COS

Intervenor’s Objections to OP’s Proposed Findings of Fact, Conclusions of Law and Decision and Order, filed December 21, 2012, COS

Intervenor’s Errata Statement Regarding Intervenor’s Proposed Findings of Fact for Phase One, COS

Intervenor’s Reply to Piilani Promenade South, LLC and Piilani Promenade North, LLC’s Response to Intervenor’s Proposed Findings of Fact for Phase One; COS

Intervenor’s Memo in Opposition to Piilani Promenade South, LLC and Piilani Promenade North, LLC’s Motion to Stay Phase II of the Order to Show Cause Proceeding; Declaration of Tom Pierce; Appendix “A”, COS

Intervenor’s Motion to Conclude Contested Case at the Earliest Practicable Time, COS

INTERVENORS’ SUPPLEMENTAL MEMORANDUM IN SUPPORT OF (1) INTERVENORS’ MOTION TO CONCLUDE CONTESTED CASE AT THE EARLIEST PRACTICABLE TIME, FILED APRIL 16, 2013, AND (2) INTERVENORS’ MEMORANDUM IN OPPOSITION TO PIILANI PROMENADE SOUTH, LLC’S MOTION TO STAY PHASE II OF THE ORDER TO SHOW CAUSE PROCEEDING, FILED APRIL 16, 2013; CERTIFICATE OF SERVICE

2014

Intervenors’ Correspondence re: continuance of hearings & LUC response

 

2019 Correspondence

Intervenor Correspondence support documents requesting additional time to respond to Parties opposition papers (01/17/19)

 

OP’s Withdrawal of Response to Petitioners’ Motion to Dismiss the Order to Show Cause Proceeding; and Amended Response to Petitioners’ Motion to Dismiss the Order to Show Cause Proceeding (02/14/19)

A94-706 OP Response to Petitioner’s Motion to Dismiss the Order to Show Cause (02/12/19)

A94-706 OP Response to Movants Motion for Hearing, Issuance of Order to Show Cause, and Other Relief, & COS; Exhibits Nos. 1, 2, and 3

OP’s Supplemental Response to Movant’s Motion for a Hearing, Issuance of Order to Show Cause, and Other Relief, & COS; Exhibits 4 and 5

A94-706 OP Filed List of Witnesses-List of Exhibits & COS, A94-706 OP Exhibit No. 6, A94-706 OP Exhibit No. 7, A94-706 OP Exhibit No. 8, A94-706 OP Exhibit 9

Rebuttal List of Witnesses and Rebuttal List of Exhibits; Exhibits 10, 11, 12, and 13, & COS

OP Response to Intervenor’s Pre-Hearing Motion on Burden of Proof, Etc., & COS

OP Statement of No Objection to Maui Tomorrow Foundation, Inc., South Maui Citizens for Responsible Growth and Daniel Kanahele’s Motion to Take Testimony of Carla M. Flood via Telephone, & COS

OP Response in Opposition to Department of Planning, County of Maui’s Motion to Exclude Further Public Testimony, & COS

OP’s Proposed Findings of Fact, Conclusions of Law and Decision and Order & COS

OP’s Comments and Objections to Petitioner’s Proposed Findings of Fact, Conclusions of Law and Decision and Order & COS

OP’s Statement of No Objection to Intervenor’s Proposed Findings of Fact for Phase One & COS

OP’s Reply to Piilani Promenade South LLC and Piilani Promenade North LLC’s Response to OP’s Proposed Findings of Fact, Conclusions of Law, and Decision and Order, & COS

OP Response in Support of Piilani Promenade South LLC and Piilani Promenade North LLC’s Motion to Stay Phase II of the Order to Show Cause Proceedings & COS

OP’s Joinder in Piilani Promenade South LLC and Piilani Promenade North LLC’s Memorandum in Opposition to Intervenor’s Motion to Conclude Contested Case at the Earliest Practicable Time, & COS

OP Filings from July 14, 2017

 

Witness and Exhibit Lists and Exhibits 1-6

Rebuttal Exhibit List and Exhibit 7

Maui County Testimony

Maui County Motions and Other Filings (pdf):

Department of Planning, County of Maui’s Motion to Exclude Further Testimony

Department of Planning, County of Maui’s Memo in Opposition to Intervenor Motion re: Carla M. Flood

Department of Planning, County of Maui’s Motion to Exclude Evidence, Exclude Evidence Related to the 1998 Kihei-Makena Community Plan and Determination of Scope of Review, Memorandum in Support of Motion; Exhibit “A”, COS

Department of Planning, County of Maui’s Memorandum in Opposition to Intervenor’s Pre-Hearing Motion in Limine Regarding Scope of Evidence

Department of Planning, County of Maui’s Joinder in Piilani Promenade South, LLC and Piilani Promenade North, LLC’s Proposed Findings of Fact, Conclusions of Law and Decision and Order

Dept. of Planning, Maui County’s Joinder in Piilani Promenade South LLC and Piilani Promenade North LLC’s Response to Intervenor’s Objections to Piilani Promenade South LLC and Piilani Promenade North LLC’s’s Proposed Findings of Fact, Conclusions of Law, and Decision and Order, COS

Dept. of Planning, Maui County’s Joinder in Piilani Promenade South LLC and Piilani Promenade North LLC’s Response to OP’s Comments and Objections to Petitioner’s Proposed Findings of Fact, Conclusions of Law, and Decision and Order, COS

Department of Planning, County of Maui’s Statement of No Opposition to Piilani Promenade South LLC and Piilani Promenade North LLC’s Motion to Stay Phase II of the Order to Show Cause Proceedings

Dept. of Planning, Maui County’s Joinder in Piilani Promenade South LLC and Piilani Promenade North LLC’s Memorandum in Opposition to Intervenor’s Motion to Conclude Contested Case at the Earliest Practicable Time, COS

Department of Planning, County of Maui’s Reply and Joinder in Piilani Promenade South LLC and Piilani Promenade North LLC’s Motion to Strike and Objection to INTERVENORS’ SUPPLEMENTAL MEMORANDUM IN SUPPORT OF (1) INTERVENORS’ MOTION TO CONCLUDE CONTESTED CASE AT THE EARLIEST PRACTICABLE TIME, FILED APRIL 16, 2013, AND (2) INTERVENORS’ MEMORANDUM IN OPPOSITION TO PIILANI PROMENADE SOUTH, LLC’S MOTION TO STAY PHASE II OF THE ORDER TO SHOW CAUSE PROCEEDING, FILED APRIL 16, 2013; Exhibits “A”-“B”, COS

Department of Planning, County of Maui’s Review of 10th-13th Annual Reports

County Filings since July 14, 2017

 

2020 ORDER ADOPTING STIPULATION AND ORDER *This stipulation order was agreed upon to end the long standing intervention.

March 9. 2017 site visit agenda notice (03/01/17)

Orders re:

Piilani Promenade South, LLC and Piilani Promenade North, LLC’s letter re: Status of Settlement Hearings (09/18/19)

LUC notice to OEQC re: Denial of FEIS (07/27/17)

Correspondence from Petitioner re: Change of Counsel (07/13/17)

Correspondence from Petitioner to LUC Re: 8 Revised Response Letters (06/26/17)

Letter file from Maui Tomorrow is too large please use the link below to download/view the Maui Tomorrow Foundation letter.

https://www.dropbox.com/s/31p6kh10woynse0/OTHER_Maui%20Tomorrow_response%20letter_June%2013.pdf?dl=0

7 Remaining Revised Response Letters

  1. State Dept. of Health, Maui District Office
  2. Maui County Dept. of Water Supply
  3. Kihei Community Association
  4. South Maui Citizens for Responsible Growth
  5. Dick Mayer
  6. Daniel Kanahele
  7. Clare Apana

Correspondence from Petitioner to LUC Re: Revised Comment Response Letter (06/13/17)

Correspondence from Petitioner to LUC RE: questions on FEIS (06/06/17)

Copy of correspondence to Jordan Hart (Chris Hart & Partners, Inc.) from County of Maui Parks & Recreation FEIS comments (05/15/17)

Copy of correspondence to Roderick Becker, State of Hawaii Comptroller from Jordan Hart (Chris Hart & Partners, Inc.)- Response to Comments (05/11/17 )

LUC’s response to MECO correspondence re: substation construction (07/12/16)

LUC’s response to Petitioner’s Letter re: Maui Electric Company (04/18/16)

Petitioner’s Letter informing the LUC that Piilani Promenade North, LLC and Piilani Promenade South, LLC had been approached by Maui Electric Company to allow construction of a substation on the northeast corner of the property (04/01/16)

LUC renewed request to publish DEIS in next available issues of The Environmental Notice dated August 11, 2014

LUC request for publication of DEIS in next available issue of The Environmental Notice (07/1/14)

OEQC comments re: LUC request for publication (07/9/14)

South Maui Citizens for Responsible Growth, Inc. request that the 2014 DEIS not be published for comment (07/14/14)

Dick Mayer Correspondence requesting 2014 DEIS not be published (07/15/14)

Kihei Community Association letter to OEQC (07/23/14)

LUC letter to OEQC to defer publication of DEIS in The Environmental Notice (07/22/14)

LUC’s DEIS Comment letter to Petitioner’s Representative (10/13/14)

Public Comments to LUC

Public Testimony received July 6, 2020, from Nick Drance

Public Testimony received between July 1-6, 2020, from:  Richard Moss, Mary Trotto, De Austin, Rebecca Diliberto, Mele Stokesberry

LUC Exhibit 1 submitted at July 19-20, 2017, meeting by public witness Linda Barry at the request of Commissioner Okuda

Public written testimony submitted at July 19-20, 2017, meeting

July 18, 2017 public comment from Henry Rice sent to LUC via email by Lisa Cataldo

July 17, 2017 public comments from:

South Maui Citizens for Responsible Growth’s Testimony for July 19-20, 2017, LUC meeting on Maui (07/13/17)

South Maui Citizens for Responsible Growth’s Reply to Pi`ilani Promenade’s proposed EIS (05/04/17)

Mike Moran December 8, 2015

Lucienne DeNaie December 7, 2015

Daniel Kanahele December 8, 2015

Part 1

Part 2

Part 3

AUG 2012

SEP-OCT 2012 (pdf): A94-706 testimony SEP-OCT 2012

NOV 2012 (pdf): A94-706 public testimony 11-1-12, A94-706 public testimony material 11-2-12, collection of postcards from public submitted by Petitioner-sample copy of postcard with attached letter from Petitioner (pdf)

NOV 23, 2012- FEB 1, 2013

 

Responses to EISPN Comments

Responses to EISPN Comments received 6/25/14

Responses to EISPN Comments received 6/27/14

Public Comments on Draft EIS

Sharon Rose

South Maui Citizens

Maui Tomorrow

Dick Mayer

Kīhei Community Association

Maui Chamber of Commerce

David B. Reader

Zandra Amaral Crouse (and DAGS-Public Works, DOH- Clean Water Branch, DOH-Maui District Health Office)

Daniel Kanahele

State Office of Planning

Dept. of Education

Dept. of Transportation

Public Comments on Proposed Final EIS

Mary and Kurt Wagner dated May 5, 2017

Kihei Community Association dated May 8, 2017

South Maui Citizens for Responsible Growth dated May 8, 2017

Status Report

Annual Reports – Honua`ula Partners, LLC (also see Piilani Annual Reports -10th – 13th, 14th, 15th)

 

Annual Reports- Piilani Promenade South, LLC and Piilani Promenade North, LLC (*eff. 2005 includes Honua`ula Partners Annual Reports in 10-13th,14th and 15th annual reports)

Maui County review of Sixteenth Annual Report

Maui Industrial Partners becomes Successor Petitioner to Kaonoulu Ranch in 2005