Mr. Daniel E. Orodenker
Executive Officer
Mr. Normand R. Lezy
Chair
Land Use Commission
State of Hawaii
P.O. Box 2359
Honolulu, Hawaii 96804
Dear Mr. Orodenker and Mr. Lezy:
Re: Pi’ilani Promenade Shopping Center and Outlet Mall
I am writing on behalf of my constituents in the South Maui community and their concerns regarding the impact of a massive retail development planned on 88 acres of land located mauka of Pi’ilani Highway at Kaonoulu Street in Kihei. I recently attended a public meeting of the Kihei Community Association, where residents of South Maui expressed frustration and anger that they have been denied the opportunity to be heard on a project that will forever change the character and landscape of South Maui.
As the Commission is aware, in 1994, Kaonoulu Ranch petitioned the Commission for a boundary amendment to re-characterize land from the agricultural district to the urban district. At that time, Kaonoulu Ranch proposed development was for a light industrial park configuration. That land has a new owner and is now the site for the proposed Pi’ilani Promenade shopping center and outlet mall. In 1994, no reference was made to a retail shopping center or mall. Kaonoulu Ranch’s petition was approved in 1995, subject to twenty conditions. These conditions run with the land and include requirements to obtain a community plan, develop a frontage road and connector road to reduce traffic on Pi’ilani Highway, and develop the project in substantial compliance with the representations made to the Commission.
The community plan was updated in 1998, at which time the property was designated as “LI”, defined as “warehousing, light assembly, service and craft-type industrial operations.” In 1999, after a public hearing, the property was re-zoned by Maui County as M-1 Light Industrial, a district designated to contain mostly warehousing and distribution types of activity. This was the last time th public was given an opportunity to be heard, when the project was a 123-lot light industrial park. The developer indicates on its website that the current proposed shopping center and outlet mall will be over 600,000 square feet of retail shipping space. I am deeply concerned that the public has been denied the opportunity to comment on this new use, one that will have a significantly different impact on the community than the original plan for a light industrial park.
Furthermore, as required by the 1995 Order, annual reports have been filed with the Commission. All annual reports, including the most recent reports submitted by the new landowners, have stated that the owners will develop the property in compliance with all conditions contained in the Order, including the requirement that the property will be developed as represented to the commission in the 1994 petition. The annual reports have not referenced the lack of frontage or connector roads under the proposed development of that the project has changed from a light industrial park into a sprawling shopping center and outlet mall.
It appears that the proposed Pi’ilani Promenade shopping center and outlet mall is in violation of the Commission’s 1994 Order. Maui County has failed to enforce the conditions in this Order, despite its expressed statutory obligation to do so, and instead has granted permits to the new landowners for the development of a retail shipping center that bears no resemblance to the light industrial park originally proposed to the Commission. This undermines the law and the regulations that are a vital part of this State and erodes public confidence in our governmental process.
I am therefore requesting that the Land Use Commission take immediate steps to correct the seemingly illegal development of the retail center mauka of Pi’ilani Highway. I am requesting the Commission to immediately reexamine the decision to reclassify the land from agricultural district to urban district and require the property owners to appear before the Commission to explain their actions and current plans. I am also requesting that the Commission require the developer to cease all activity at the site and to meet with the community and the Land Use Commission to hear and address concerns. The Commission must also ensure that all current and subsequent owners are complying with the conditions set forth in the 1995 Order. Failure to address these concerns, and the attempts to circumvent the planning process, indicates acceptance of this situation. Good government demands otherwise.
Additionally, a public hearing on this matter is essential. The South Maui Community has been denied the opportunity to hear the developer’s plans and to comment on a project that will have permanent consequences for both the Kihei community and all of Maui. Public confidence in an inclusive democratic process must be restored, and providing an open forum for public comment will be a crucial first step.
Mass grading permits have been issued and the developer has begun to pre-lease space for the proposed shopping center and outlet mall. These actions underscore the importance of addressing this situation in an expedited manner. Thus, I look forward to a response from the Commission no later than June 20, 2012.
Sincerely,
Rosalyn H. Baker
Senator, 5th District
cc: Governor Neil Abercrombie
Attorney General David M. Louie
Note: This is a transcript of the pdf. All mistakes are those of the webmaster. View the original here
Sen Baker also wrote to the State Dept. of Transportation. See that letter here.