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Opinion pieces, analyses and letters are intended to provide a diverse range of views from our community. They are not intended to represent the views of Maui Now.

LETTER: Giganta Mall Fails to Meet Legal Conditions

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By Mark Hyde, retired attorney, Wailea

kihei-promenade-giganta-mall-eclipse-color-sketch

Architectural sketches from the public site plan. Image obtained from Eclipse Development Group. Click to enlarge.

The proposed Kihei Pi’ilani Promenade retail outlet shopping mall (“Mall”) was recently sprung on the community without notice or debate and presented as a “done deal,” allegedly based on approvals secured many years ago.   The history of the project presents an entirely different picture.

In 1994, the Kaonoulu Ranch petitioned the Hawaii state Land Use Commission (LUC) for a boundary amendment to convert the property from agricultural to urban.  At that time the Ranch proposed to build what it called the “Kaonoulu Industrial Park.”

The LUC granted the petition conditionally, requiring the owner to do several things, including (1) construct a frontage road parallel to Pi’ilani Highway, (2) “develop the property in substantial compliance with the representations made to the commission (to build an industrial park), (3) obtain amendment of the Kihei Makena Community Plan to support the development and (4) secure a zoning change to light industrial use.

In 1998 the Kihei Makena Community Plan was amended and enacted into law by the county.  The community plan, which remains in effect today, restricted commercial development in three distinct locations in Kihei, none of which include the Mall property, and it specifically restricted development of the Mall property into light industrial use with only incidental commercial use.  Per the LUC’s order, these conditions were recorded against the property, “run with the land” and still govern the property today.

In 2005, the ranch ultimately sold the “Kaonoulu Industrial Park” property to Maui Industrial Partners, LLC, and in 2006 the new owner applied to the county for approval to subdivide the property into “much needed industrial lots in south Maui.”  In September 2010, Maui Industrial Partners, LLC, assigned its rights to the subdivision to Pi’ilani Promenade South, LLC.

On January 29, 2012, the Maui News reported that a California developer would begin construction of “the largest outlet mall in Hawaii” on the property site.  The Mall is described as an outlet project, does not include any industrial uses and is advertised on its website as “sitting at what is projected to be the largest intersection on the island…”

In summary:

  • The Mall project fails to meet the conditions imposed by the LUC, conditions that still attach to the land and its title.
  • The Mall violates the explicit language of the Kihei Makena Community Plan (and the Maui County Code into which it was enacted) by developing commercial space outside the boundaries established in the plan and by failing to comply with the explicit use called out for this location: light industrial use with only incidental commercial intrusion.
  • The Mall will degrade south Maui with additional sprawl and traffic congestion, none of which has been analyzed.
  • The Mall has arisen without public input, having been sprung on the community as a “done deal,” even fast-tracked by the administration.
  • The Mall flies in the face of the Countywide Policy Plan enacted into law in 2010, which calls for reduced sprawl and creation of more livable, walkable, bikeable, healthy communities in Maui County.

I urge the administration to take no further steps to advance the development of this project until compliance with the LUC order and the community plan is assured and the use of the property is restored to its original intent.

In addition, I urge all concerned citizens to express their opinion about this project to their respective county council members, the mayor and the directors of public works and planning.

Either we are a community of law or we aren’t.  Let’s end the old ways of doing business on Maui and create a better future together.

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Editor's Note:Maui Now is an open forum and we welcome any views. However, please apply your sense of aloha when posting comments - remarks that are unnecessarily offensive will be blocked.

 
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  • JSantos

    I support having the mall.  So, I will be doing the opposite; contacting everyone I know in the administration and encourage moving this project forward.

  • Mauimeiling

    I oppose this mall. Born and raised on Maui, I have seen this island expand tremendously – some out of necessity, and a lot out of business greed. With the malls that already exist and the spaces in those malls that remain empty, why is it a good idea to waste land and natural resources to fill the pockets of those who don’t care about preserving this wonderful island we live on. Maui doesn’t need a gigantic mall. But each and all are entitled to their own.

  • Bumpy

    Born/Raised, and I like the Mall idea.  We need choices.  I hope it happens (as well as the kihei-upcountry road. Used to have one when I was a kid.)

  • Jeanice Barcelo

    OF COURSE we are not a community of law!  The fake state of Hawaii was conceived, gestated, and birthed through lies, extortion, theft, and murder.  It is corrupt to the core and has been from its inception.

    Hawaii was never legally annexed to the United States and it is NOT a legitimate U.S. state.  It is an illegally occupied country. 

    The government that claims power of Hawaiian land (i.e., the fake state of Hawaii) and that
    relentlessly sells sacred land to the highest bidder is nothing more than a criminal cabal.  Most of what they do is illegal and, in fact, their very existence is illegal. 

    Should we really be surprised when representatives of the fake state of Hawaii violate laws — even the ones of it’s own creation?

    Time to wake-up!  How long are we going to let these criminals continue their rampage against Hawaiian land?

    Jeanice Barcelo
    Kihei

    • JSantos

      Yawwwnnn…..

      • Kiheigrown87

        i agree, i’m bored with that comment.

  • Kiheigrown87

    I also support having this mall in Kihei and i was BORN and RAISED here my whole life, the people that doesn’t want this mall to be built I noticed are of a much older group of people (50yo and up). People that I’ve talked to around my age rage are for this mall and said a lot of us want these types of stores on Maui so that we don’t have to travel to Oahu or the Mainland to go shopping. The older group of people don’t care about this mall because they have no interest in it, and I mean lets not be selfish and thinking about yourself think about how the younger residents of Maui will benefit and enjoy this mall and Kihei, think about how young families could enjoy taking their kids to this mall. Things need to be built whether you like it or not its a way of life people, get it? oh and to why there are empty spaces in malls and shopping centers around the island, come on people do your research cause i know i did and i found out its because 1) some malls have high rent that most tenants can’t afford. 2) location is not desired by the business 3) some businesses can’t compete with other stores around them. As for outlet malls like this once built they already have the stores that they have contracts with to fill in the spaces lined up and  waiting so that means there won’t be a empty space.

  • Kiheigrown87

    Can somebody please make a petition that is in support of this project cause there is one that is against this project and only has 12 signatures out of 1,000 lol. I know once i post a petition that is in support of this project up on facebook and have people share it i’m sure there will be more then just 12 signatures. And thats when we shall see what “OUR COUNTY” really wants cause as the people that are against this say “we need to get our voice out” well you’ll see our voice get out there alright.

  • Mauijeep

    Why in the world would you put “Maui’s largest mall” in Kihei? Most people are here to enjoy the weather, the beaches, not to shop. Those of us who live here don’t want to fight more traffic in Kihei where at some times of the day, it’s almost impossible to get from one end of town to the other. We just don’t need it!

  • Mauiboy96793

    Born and Raised here (Na Kanaka) and I want the Mall.  To all that oppose it, I hope you be true and never ever shop at it when it is built.  The same people who oppose this probably opposed the “Wal-Mart” and “Costco” but their ignorant a@#es still shop there.  As for the people who say Maui is for visitors to get away from all of this, SCREW you and the tourist! Locals are tired of being their servants and they come here for a week or so and off they go.  People who live here gotta pay fricken taxes here EVERYDAY and be oppressed by all this rules on progress!  Kiss my a@# with all this keeping Hawaii behind the times for part time tourist! The Tiny Bubbles sh$#t is fricken over!  I’ll treat tourist the same way they treated me when I attended college in Houston for 8 years!!!!! I didn’t get any special treatment there so F#$k em!!!!! A lot of us Hawaiians are educated and if we are going to be the 50th State, then we should grow parallel with the other states!  Like they told me in Texas, “You don’t like it here, go back to where you came from!”  Best words of wisdom ever!  I took them up on it and moved back to where I came from.  Thank you Texas!!!!!

    • MauiMan808

      What kind of education took you 8 years and still left you an angry cussing islander? No matter where you go there are good and bad people. If you have a bad attitude you are part of the problem. Use your education to constructively set an example and make Maui a better place to live for the locals. Otherwise, if you don’t like it… move.

    • builditbraddahs

      Hell yea.. exactly how I feel… I work at a hotel in wailea serving the tourists pampered butts all day, and i would love to be able to have somewhere closer than kahului to shop for my familys needs! Build it! The land they’re gonna use just feeds cows, it’s not some sacred forest … Its always the old fart busy body kine that’s making waves for progress here! Just shutup already and let us real locals enjoy something ourselves for once!

    • Hawaiiansupaman

      Eh Mauiboy.  Don’t let all that education go to waste.  Don’t stoop down to their level.  Raise yours by using your greatest asset and out smart dem buggas.  Make Maui proud of you.  If you don’t…what goes around, will come around.  Garans ball barans.     

  • Deiabedal

    I support the mall.  These retired people have way too much time in their hands… go do something productive to help younger people in this island… This mall will help the younger generation by allowing us to find the things we need for reasonable prices right where we live and work… It will enhance our lives, bring revenue to the island (the same way we fly to Oahu now to visit the outlets there, when this mall is finished, other neighbor island people will visit Maui to shop and leave their $$$ here), it will create jobs during its construction and later stores will need personnel. What’s wrong with these retired folks trying to stop us from getting jobs? Just because you don’t want to be productive anymore, you shouldn’t be going out of your way to stop people who want (and need) to work.

  • kiheiboi24

    i’m in support of this mall, i find it funny how people argue that this will cause traffic, everything built causes traffic, the neighborhoods we live in that were built causes traffic. i lived in kihei my whole life moved to oahu for a few years and huntington beach in cali and let me tell you traffic there is nothing compared to here and for you haoles that moved here you should know that this is not traffic in kihei so stop crying, if you don’t like the traffic ride a bike around town. it annoys me how the older crowd of people doesn’t want this mall, your retired, you have your home, and you have your life set so be happy with it, why be such debbie downers and crush the plans for this mall which would make younger families on maui happy to go to shop and for the kids and teens to have a place to shop and hang out with friends. i see this place as being a gathering spot for family and friends to just hang out and enjoy each others company, i have no idea why you people say that its gonna be a disaster once build and would cause problems. the land isn’t sacred, it doesn’t have any important values, its just full of dry grass and keawe trees, i rather see a mall with trees and nice green landscaping then seeing dry grass and dirt. i really hope this mall gets built so that us people can smile in your faces and say hey this is what we wanted and we got it :)


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