Evidentiary Portion of LUC Hearings Concludes

Kihei retail and housing vs. light industrial use arguments heard. Decision expected in January.

Susan Halas – Senior Contributing Writer
to Maui Weekly

The evidentiary portion of a dispute between landowners of commercial property in North Kihei and advocacy groups representing community residents opposed to the project concluded on Friday, Nov. 16, in quasi-judicial proceedings before members of the state Land Use Commission (LUC) in Kahului.

The disagreement pits owners of an 88-acre commercial site who want to build two large shopping complexes with over 700,000 square feet of retail space and 250 units of workforce housing [for Wailea 670] against interveners representing those who contend that, although the original clearance to build a 123-lot, light industrial complex on the land was obtained back in 1995, the currently proposed project does not conform to the one formerly approved…

…

When asked about the definition of “light industrial” found in the Kihei-Makena Community Plan, Spence replied, “The community plan is not zoning. The County Council does the zoning.”

The planning director also acknowledged that prior to taking legal action, the interveners had requested enforcement action from his office. He said he declined, because “the D&O condition was vague.” The planning director also acknowledged that prior to taking legal action, the interveners had requested enforcement action from his office, but he had declined, because, “as director of planning, there is no violation of this LUC decision and order.”…

…[Dick] Mayer characterized light industrial use as one that would provide full-time, well-paid jobs to local residents and ownership opportunities to local businesses. Retail use, he said, might provide many jobs, but they would be low-wage positions that were likely to be part-time and provide few benefits to employees. He also claimed that monies generated by the shopping centers would mostly benefit off-island owners and that an influx of big-box tenants would be detrimental to the existing locally owned small businesses in Kihei.

The proceedings, which adjourned mid-day on Nov.16, are expected to reconvene in January 2013 to hear summary oral arguments by the attorneys and discussion by members of the LUC. A final decision will be written at a date yet to be determined.

Read entire the article at Maui Weekly