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Board of Variences & Appeals dismisses grading permit appeal for Kihei malls

August 9, 2012
The Maui Weekly

The Maui News - On July 27, the Maui County Board of Variances & Appeals dismissed an appeal of Maui County's issuance of grading permits for the planned Maui Outlets and Pi'ilani Promenade shopping complexes in Kihei.

In the contested case hearing, the board unanimously granted the county's motion, saying that the board did not have jurisdiction to hear the appeal over the permits the Department of Public Works granted to Eclipse Development Group of Irvine, Calif., in April.

Eclipse is developing Maui Outlets, a 300,000-square-foot shopping center on a 30-acre site, and Pi'ilani Promenade, a 400,000-square-foot retail complex on 68 acres mauka of the Pi'ilani Highway-Ka'ono'ulu Street intersection.

The nonprofit Maui Tomorrow Foundation, South Maui Citizens for Responsible Growth and Kihei resident Daniel Kanahele appealed the issuance of the two grading permits.

Board Chairman Kevin Tanaka said after the hearing, "The appellant is moving on to the (state) Land Use Commission. That's what they should be doing; not coming to the BVA."

In 1995, the Land Use Commission (LUC) imposed conditions on former landowner Ka'ono'ulu Ranch in granting a zoning change from agricultural to urban. Project opponents and the state Office of Planning say the project has shifted from the light industrial subdivision approved in 1995 to the two malls.

The developer disagrees, contending that plans for the property have always included the possibility of retail.

In her motion to dismiss the appeal, Deputy Corporation Counsel Jane Lovell cited several issues to make her case, saying, "This board really does not have the jurisdiction or the power to tell the LUC what to do." She told the board that the decision, whether this project fits within its land use classification will be decided by the LUC.



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