UPDATE 7/27/17  The link below is the ” LUC Decision and Order Rejection FEIS”

Click to access A94-706-FOFCOLDO-DENYING-ACCTNC-FEIS.pdf

We believe KCA’s testimony on the numerous facets of the KMCP that were violated, the lack of specificity  in the project’s plan and the lack of consideration of the surrounding  built environment all were factors in the decision. However we also firmly believe  all the other volunteer participants  who were involved composed a unified   community objection that was loud clear & correct . We express appreciation to all of them as well as the volunteer commissioners from all islands. 

7/20/17 #kihei   Buoyed by our impressions as the first day wrapped, we were anxious to see how decision-day unfolded. Chair announced the “intervenors” would present first, meaning attorney Tom Pierce would call his witnesses for his questions, and then they were subject to queries from the other parties:

• Sarofim, the Dallas based developer
• The state Office of Planning (OP), who really seemed not a party to the matter, since we do not recall them asking anyone anything and making no comments – was their decision predetermined?
• County of Maui, with Corp Council Michael Hopper and Planning Director Will Spence.
• Finally there was the attorney representing Honua’ula Partners (HP), aka Wailea 670.

For us there was no doubt the Administration was in complete support of anything association with this proposed development, as they have professed for the last seven or so years. This was confirmed at our KCA General Membership meeting Tuesday evening when Spence closed out the meeting by offering some comments reminiscent of his opinion expressed several years about the development before it went before State LUC. History showed the state volunteer commissioners did not see it his way. We were anxious to see what Spence would say in this round on Thursday. Would he be wrong again? Obviously the Commission said so, unanimously.

After the four witnesses answered all the questions, Dallas, Texas based owner Sarofim Realty Advisors called the project the Pi’ilani Promenade (North and South), but the State Land Use Commission defines it as Kaonoulu Ranch, offered their slide presentation, and their paid experts answered questions. Then it was decision time.

It began with the Maui Commissioner making the motion to not accept the FEIS and he offered his reasoning; the remaining five did the parliamentary process of second, discussion and vote. Each commissioner clearly stated his or her reasons for rejection of the document. That was the only thing on the table; the basic matter is will the volunteer commissioners from across the state (one from Maui) accept or reject the Final Environmental Impact Statement (FEIS). A resounding NO!

So what happens now? We have to wait and see what all involved decide to do, but our interpretation was commission said the 88 acres vs 75 acres was a legal issue.  Our understanding is 1995 LUC land use change for 88 acres is the basis for any future actions or proposals. The fact original owner in 1995, Kaonoulu Ranch,  sold the 88 acres to someone who then resold part of it has no effect on LUC decisions   We expect that a new FEIS would have to include all of it, regardless if it now has two landowners. Since it seems apparent that Charlie Jencks is heavily involved in all 88 acres, is he willing to work to form a “partnership” to accomplish this? Will Sarofim now consider KCA’s concept of housing, not malls? Seek a community plan amendment? Be willing to listen to the numerous kanaka who voiced opposition? Decide to cut their losses and go back to Texas, seeing things have changed over the past decade? Only sure thing is time will tell, and we will be vigilant, as this project slips off the front burner for now.

As always, stay tuned and get involved. This is your community.