Mahalo to all who testified at today’s Land Use Commission hearing on the Kaʻonoʻulu Ranch case. Over the last 8 years, we have been gratified by all the support we have received from the community in our efforts to enforce the law and make the developers comply with the terms of their original 1995 permit. This is the main outcome that we sought in 2012 when we challenged a proposed “Mega Mall” that officials told us was “a done deal.”
The developers have always claimed that they will develop the property as it was intended in 1995, but their actual plans showed otherwise. This is why Maui Tomorrow and our allies, South Maui Citizens for Responsible Growth, and Daniel Kanahele, went to the State Land Use Commission in 2012.
This case has been complicated by all of the twists and turns of the developer, as they tried various ways to convince the Land Use Commission that shopping centers could be built using a permit for an industrial park. Their efforts have failed once again. Although we were facing the possibility of being dismissed from the case and having no further say, we were able to come to agreement with the developer at the last minute. While they have always claimed that they would develop the property in substantial compliance with the terms of the 1995 Decision and Order, they have now agreed to do so “in substantial compliance with the representations made by Kaonoulu Ranch to the Commission in Docket No. A94-706 in support of a project that was identified as Kaonoulu Industrial Park.” This is what was called for in the Kihei-Mākena Community Plan – not a giant, traffic-generating retail shopping complex.
Unfortunately, protection of the many cultural sites that we know are on the land was not required by the LUC in 1995. So our settlement only protects 4 of the 20 sites that we know about. However, the developer has agreed to consult in good faith with the lineal and cultural descendants of the Petition Area and members of the ʻAha Moku ʻO Kula Kai to discuss the terms of access under the conservation easements that will be established on the land. Efforts toward protection of cultural sites must continue in other venues; we welcome your ideas. As stated by one of the commissioners during today’s hearing, “The real strength in protecting the resources is the fact that we will have this written stipulation, which will run with the land, but also in the fact that we will have real community participation going forward.” This is a call for the community to remain involved.
It was also made very clear today, and the County of Maui agreed, that enforcement of the LUCʻs 1995 decision is the County’s duty under state law. Maui Tomorrow and our allies will remain involved to ensure that all the representations that the developer made in 1995 are adhered to.
Once again, Maui Tomorrow would like to express its sincere gratitude to all those who have worked so hard and contributed so much toward this outcome. Mahalo for helping Maui Tomorrow to protect our community plans!
