Land Use Commission

A94-706 Ka`ono`ulu Ranch – Filings by Petitioner

Final Environmental Impact Statement (FEIS) 2017

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 filed a similar retraction of its filing of the FEIS with the LUC on May 9, 2017. The LUC then removed the FEIS from its website pending an official refiling of the FEIS with our office. The LUC also cancelled the scheduled May 18-19, 2017, hearing on Maui to determine whether to accept the proposed FEIS.

Applicant refiled their draft FEIS with OEQC and the LUC in late June 2017. The LUC then scheduled a July 19-20, 2017, hearing date after the Petitioner refiled the FEIS and 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

PowerPoint Presentation from July 19020, 2017, meeting

Draft Environmental Impact Statement (DEIS) 2014

PETITIONER- Piilani Promenade North, LLC & Pi`ilani Promenade South, LLC (PP)

Petitioner’s Reply Memorandum in Support of Their Motion to Dismiss the Order to Show Cause Proceeding, Filed February 1, 2019, COS(2/13/19)

Piilani Promenade South, LLC and Piilani Promenade North, LLC’s Memorandum in Opposition to Intervenors’ Motion to Strike Portions of the Petitioners’ Responses Attempting to Improperly Submit Evidence, Filed January 31, 2019; Certificate of Service (2/5/19)

Petitioners’ Motion to Dismiss the Order to Show Cause Proceeding; Memorandum in Support of Motion; Declaration of Randall F. Sakumoto; Exhibit “1”; Certificate of Service (2/1/19)

*This Motion to Dismiss is a very large file and is broken into parts-

Motion to Dismiss, Exhibit 1 Part A, Exhibit 1 Part B

Petitioner filed on 1/18/19-

SUBMISSION OF ORIGINAL DECLARATION OF ROBERT D. POYNOR IN SUPPORT OF PETITIONER’S MEMORANDUM IN OPPOSITION TO INTERVENORS’ MOTION TO CONDUCT PHASE II OF CONTESTED CASE PENDING SINCE 2012, AND FOR FINAL DECISION FILED DECEMBER 3, 2018, FILED ON JANUARY 10, 2019, CERTIFICATE OF SERVICE

SUBMISSION OF ORIGINAL DECLARATION OF KENNETH F GIFT IN SUPPORT OF PETITIONER’S MEMORANDUM IN OPPOSITION TO INTERVENORS’ MOTION TO CONDUCT PHASE II OF CONTESTED CASE PENDING SINCE 2012, AND FOR FINAL DECISION FILED DECEMBER 3, 2018, FILED ON JANUARY 10, 2019, CERTIFICATE OF SERVICE

SUBMISSION OF ORIGINAL DECLARATION OF DARREN T UNEMORI IN SUPPORT OF PETITIONER’S MEMORANDUM IN OPPOSITION TO INTERVENORS’ MOTION TO CONDUCT PHASE II OF CONTESTED CASE PENDING SINCE 2012, AND FOR FINAL DECISION FILED DECEMBER 3, 2018, FILED ON JANUARY 10, 2019, CERTIFICATE OF SERVICE

PP’s Memorandum in Opposition to Intervenor’s Motion to Conduct Phase II of Contested Case (1/10/19) (*Large file size may inhibit download- see separate files below for faster responses)

Petitioner Memorandum through Exhibit “C”

Exhibit “D” Construction Plans for Kaono`ulu Market Place is in 6 parts

D1, D2, D3, D4, D5, D6

Exhibit “E” to Certificate of Service

Petitioner’s Letter to LUC(12/7/18)

LUC letter to Piilani Promenade North, LLC. and Piilani Promenade South, LLC re: continuance of the deadline to respond to Intervenor’s Motion to Conduct Phase II of Contested Case Pending Since 2012 and for Final Decision (12/7/18)

Filings by Petitioner- Piilani Promenade South, LLC and Piilani Promenade North, LLC’s Motion for Order Amending

the Findings of Fact, Conclusions of Law and Decision and Order dated February 10, 1995

April 2014 EIS Status Report
Piilani Promenade South, LLC and Piilani Promenade North, LLC’s Motion for Order Amending

the Findings of Fact, Conclusions of Law and Decision and Order dated February 10, 1995, Verification.

Affidavit of Jonathan H. Steiner;

- Associated Correspondence from Petitioner
- Piilani Promenade South, LLC and Piilani Promenade North, LLC’s Motion for Order Amending the Findings of Fact, Conclusions of Law and Decision and Order dated February 10, 1995

Exhibits:

“A” Environmental Impact Survey
“B” Conceptual Site Plan
“C” Market Study, Economic Impact Analysis etc.
“D” Preliminary Engineering Report
“E” Traffic Impact Report
“F” Environmental Site Assessment
“G” Cultural Assessment
“H” Archaeological Inventory Survey
“I” Botany & Fauna Report
“J” Maui Electric Company Power Provisional Letter
“K” Baseline Assessment of Marine Waters
“L” Dept. of Planning, Maui County Testimony
“M” 1998 Maui Planning Dept. Recommendation
“N” Maui County Bill for Ordinance
“O” SHPD Correspondence

Filings by Petitioner- Hearing for Order to Show Cause:

Witness and Exhibit Lists and Exhibits

Honua`ula Partners, LLC Witness List for Hearing on Order to Show Cause (pdf)

Honua`ula Partners, LLC Exhibit List for Hearing on Order to Show Cause (pdf)

Honua`ula Partners, LLC Exhibits (pdf): Exhibit 001, Exhibit 002, Exhibit 003, Exhibit 004, Exhibit 005, Exhibit 006, Exhibit 007, Exhibit 008, Exhibit 009, Exhibit 010, Exhibit 011, Exhibit 012

Piilani Promenade South, LLC and Piilani Promenade North, LLC Exhibit List for Hearing on Order to Show Cause (pdf): Piilani’s Witness List

Piilani Promenade South, LLC and Piilani Promenade North, LLC Exhibits (pdf): Piilani’s Exhibit List, Piilani Exhibit 1, Piilani Exhibit 2, Piilani Exhibit 3, Piilani Exhibit 4, Piilani Exhibit 5, Piilani Exhibit 6, Piilani Exhibit 7, Piilani Exhibit 8, Piilani Exhibit 9, Piilani Exhibit 10, Piilani Exhibit 11, Piilani Exhibit 12, Piilani Exhibit 13, Piilani Exhibit 14, Piilani Exhibit 15, Piilani Exhibit 16, Piilani Exhibit 17, Piilani Exhibit 18, Piilani Exhibit 19, Piilani Exhibit 20, Piilani Exhibit 21, Piilani Exhibit 22, Piilani Exhibit 23, Piilani Exhibit 24, Piilani Exhibit 25, Piilani Exhibit 26, Piilani Exhibit 27, Piilani Exhibit 28, Piilani Exhibit 29, Piilani Exhibit 30, Piilani Exhibit 31, Piilani Exhibit 32, Piilani Exhibit 33, Piilani Exhibit 34, Piilani Exhibit 35, Piilani Exhibit 36

Piilani Promenade South LLC and Piilani North LLC’s Rebuttal Filings:

Rebuttal Witness List for Hearing on Order to Show Cause; COS (pdf)

Rebuttal Exhibit List and Exhibits for Hearing on Order to Show Cause; COS (pdf): Piilani’s Rebuttal Exhibit List, Piilani Exhibit 37, Piilani Exhibit 38, Piilani Exhibit 39, Piilani Exhibit 40, Piilani Exhibit 41, Piilani Exhibit 42, Piilani Exhibit 43, Piilani Exhibit 44, Piilani Exhibit 45, Piilani Exhibit 46

Expert Testimony (pdf): Expert Testimony of Phillip Rowell; Expert Testimony of Tom W. Holliday

Piilani Promenade South LLC and Piilani North LLC’s Other Filings:

Piilani Promenade South, LLC and Piilani Promenade North, LLC’s Joinder in Department of Planning, County of Maui’s Memorandum in Opposition to Intervenor’s Motion to Take Testimony of Carla M. Flood Via Telephone, Dated October 24, 2012; COS (pdf)

Piilani Promenade South, LLC and Piilani Promenade North, LLC’s Joinder in Department of Planning, County of Maui’s Memorandum in Opposition to Maui Tomorrow Foundation, Inc., South Maui Citizens for Responsible Growth and Daniel Kanahele’s Pre-Hearing Motion on Burden of Proof, Etc., Dated October 19, 2012; COS (pdf)

Piilani Promenade South, LLC and Piilani Promenade North, LLC’s Joinder in Department of Planning, County of Maui’s Motion to Exclude Further Public Testimony, Dated October 24, 2012; COS (pdf)

Piilani Promenade South, LLC and Piilani Promenade North, LLC’s Joinder in Department of Planning, County of Maui’s Motion to Exclude Evidence Related to the 1998 Kihei-Makena Community Plan and Determination of the Scope of Review; COS (pdf)

Piilani Promenade South, LLC and Piilani Promenade North, LLC’s Memorandum in Opposition to Maui Tomorrow Foundation, Inc., South Maui Citizens for Responsible Growth and Daniel Kanahele’s Pre-Hearing Motion in Lamine Regarding Scope of Evidence; COS (pdf)

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Piilani Promenade South, LLC and Piilani Promenade North, LLC’s Proposed Findings of Fact, Conclusions of Law and Decision and Order (pdf)

Piilani Promenade South LLC and Piilani Promenade North LLC’s Response to OP’s Proposed Findings of Fact, Conclusions of Law and Decisions and Order on Petitioner’s Failure to Perform According to Conditions Imposed on the Petition; COS (pdf): 01.04.13 Piilani’s Response to SOP’s FOF

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

Piilani Promenade South LLC and Piilani Promenade North LLC’s Response to Intervenor’s Objections to Piilani Promenade South LLC and Piilani Promenade North LLCs’ Proposed Findings of Fact, Conclusions of Law, and Decision and Order, COS (pdf)

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 (pdf)

Piilani Promenade South, LLC and Piilani Promenade North, LLC’s Motion to Stay Phase II of the Order to Show Cause Proceeding; Declaration of Jonathan H. Steiner; Exhibit “1”, COS (pdf)

Submission of Original Affidavit of Simon Honeybone in Support of Piilani Promenade South, LLC and Piilani Promenade North, LLC’s Motion to Stay Phase II of the Order to Show Cause Proceeding, filed April 8, 2013, (pdf)

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 (pdf)

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; CERTIFICATE OF SERVICE (pdf)

2014

A94-706 Petition Status Update

Honua`ula Partners, LLC’s Other Filings:

Honuaula Partners LLC’s Memorandum in Opposition to Intervenors’ Motion to Strike Portions of the Petitioners’

Responses filed January 31, 2019, Filed February 6, 2019

Honuaula Partners LLC’s Joinder to Petitioners’ Motion to Dismiss the Order to Show Cause Proceeding filed February 1, 2019, Filed February 4, 2019

Notice of Appearance of Counsel for Honua`ula Partners, LLC, Successor Petitioner to Kaonoulu Ranch (7/1/16)

Honua`ula Partners, LLC’s Joinder in Department of Planning, County of Maui’s Memorandum in Opposition to Intervenor’s Motion to Take Testimony of Carla M. Flood Via Telephone, Dated October 24, 2012; COS (pdf)

Honua`ula Parners, LLC’s Joinder in Department of Planning, County of Maui’s Memorandum in Opposition to Maui Tomorrow Foundation, Inc., South Maui Citizens for Responsible Growth and Daniel Kanahele’s Pre-Hearing Motion on Burden of Proof, Etc., Dated October 19, 2012; COS (pdf)

Honua`ula Partners, LLC’s Joinder in Department of Planning, County of Maui’s Motion to Exclude Further Public Testimony, Dated October 24, 2012; COS (pdf)

Honua`ula Partners, LLC’s Joinder in Department of Planning, County of Maui’s Motion to Exclude Evidence Related to the 1998 Kihei-Makena Community Plan and Determination of the Scope of Review; COS (pdf)

Honua`ula Partners, LLC’s Memorandum in Opposition to Maui Tomorrow Foundation, Inc., South Maui Citizens for Responsible Growth and Daniel Kanahele’s Pre-Hearing Motion in Limine Regarding Scope of Evidence; COS (pdf)

Honua`ula Partners, LLC’s Withdrawal of Motion for Order Bifurcating Docket No. A94-706 and Suspending Show Cause Hearing as to Honua`ula Partners, LLC filed on September 14, 2012 (pdf)

Honua`ula Partners, LLC’s Motion for Order Bifurcating Docket No. 94-706 and Suspending Show Cause Hearing as To Honua`ula Partners, LLC: Affidavit of Michael Rosenfeld; COS (9/14/14)

Honua`ula Partners, LLC’s Memorandum in Opposition to Petition to Intervene in Show Cause Hearing; COS (9/4/12)

Honua`ula Partners LLC’s Joinder in Piilani Promenade South, LLC and Piilani Promenade North, LLC’s Proposed Findings of Fact, Conclusions of Law and Decision and Order (pdf)

Honoua`ula Partners, LLC’s Joinder in Piilani Promenade South LLC and Piilani Promenade North LLC’s Response to Intervenor’s Proposed Findings of Fact for Phase One, COS (pdf)

Honoua`ula Partners, LLC’s Joinder in Piilani Promenade South LLC and Piilani Promenade North LLC’s Response to OP’s Proposed Findings of Fact, Conclusions of Law and Decisions and Order on Petitioner’s Failure to Perform According to Conditions Imposed on the Petition; COS (pdf)

Honoua`ula Partners LLC’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 (pdf)

Honoua`ula Partners LLC’s Joinder in LLC’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 LLCs’ Proposed Findings of Fact, Conclusions of Law, and Decision and Order, COS (pdf)

Honua`ula Parners, LLC’s Joinder in Piilani Promenade South LLC and Piilani Promenade North LLC’s Motion to Stay Phase II of the Order to Show Cause Proceeding: COS (pdf): A94-706 HP LLC joinder in PPS&PPS LLC MTN TO STAY PHASE II

Piilani Promenade South LLC and Piilani Promenade North LLC’s Environmental Impact Statement Preparation Notice

EISPN FIG. 1-Regional Location Map

EISPN FIG. 2-Aerial Location Map

EISPN FIG. 2A-Site Photographs

EISPN FIG. 2B-Existing Light Industrial Uses Adjacent to Project Site

EISPN FIG. 3-Parcel Location Map

EISPN FIG. 4-Conceptual Site Plan

EISPN FIG. 4A- Off-Site Infrastructure Map