SHARE
flag
the grid

Coconut Wireless


Maui Island Plan Gets Thinner While Mega Malls Get More Controversial All While We Give Thanks


bulldoser_16.23_coconut

November 20, 2012 | 11:11 AM
DOES THE MAUI ISLAND PLAN EVEN STILL EXIST?

We're reaching what will hopefully be the end of the Maui Island Plan approval process. The last Maui County Council utterly failed to pass the plan in their two years, so the fact that this council seems on the cusp of approving the sweeping document–which will outline the course of land development for Maui over the next generation–by Dec. 31 seems to be a laudable achievement in itself.

Of course, this is the not the plan first drawn up by the General Plan Advisory Committee (GPAC) just a few years ago. That much was clear to me just by reading various news accounts and periodic email updates from activists during the County Council's General Plan Committee from the last few months. But then I received a concise email from Dick Mayer, a longtime good-government activist and GPAC member. His take on just how far the plan has come is both informative and depressing:

First, Mayer wrote that the plan's "Implementation chapter" as well as the Appendix, which contained a list of necessary capital improvement projects, is no longer in the plan. According to Mayer, this means that "the plan has no financial component."

shadow
shadow
shadow
Secondly, Mayer said that "most of the maps at the end of each chapter have been reduced in importance by renaming them 'diagrams.'" What's more, Mayer wrote that the plan now includes language "stating that these maps have no force of law and are merely for 'informational purposes.'"

Third, the plan's 'Protection Areas' [what should have been the strongest part of the plan] on the maps now include designations that Mayer says "aren't enforceable by law." This includes terms "Greenways," "Green Belts," "Parks," "Preservation Areas" and "Sensitive Lands."

Lastly, and most depressingly, came this paragraph:

"GPAC and the Maui Planning Commission worked hard to construct Urban and Rural Growth Boundaries that would provide more than enough area to accommodate all of the needed demand for housing units, but NOT so large that it would become very costly for the County and State to provide the needed infrastructure," Mayer wrote. "Unfortunately, The General Plan Committee has not bothered to consider infrastructure costs and has greatly expanded those growth boundaries to satisfy the requests of a number of developers, none of whom provided any details on what they are planning to do within these expanded boundaries."

Mayer then included a few examples of development acreages above and beyond the original GPAC proposals:

• 390 additional acres for Makena Resort's luxury homes
• 200 acres above the Waikapu golf courses for luxury homes
• 230 acres around the Ulupalakua Ranch headquarters
• All the remaining open space between Wailuku and Waikapu
• 330 acres around Haliimaile for Alexander & Baldwin and Maui Land & Pineapple Co.

So yeah. The Maui County Council public hearing on all all this at 9am on Tues., Nov. 27. There had been talk about holding the hearing at night so working folks could attend, but like a lot of the Maui Island Plan, that turned out to be just talk.

*****

MEGA MALLS 'DIFFERENT' FROM LIGHT INDUSTRIAL PARKS

Here's some more fun with zoning. According to The Maui News, on Nov. 16, state Office of Planning official Rodney Funakoshi testified before the state Land Use Commission that Eclipse Development, which wants to build mega malls on land in Kihei originally designated as Light Industrial, should have gone to the LUC when it changed plans because those projects are "different."

This isn't exactly a surprise, and is welcome news for those opposed to the massive retail malls, but The Maui News story did contain the following revelation that does lend some sympathy to Eclipse.

"[Developer attorney Jonathan] Steiner then asked Funakoshi what percentage of the project needed to be in light industrial to comply with the 1995 conditions," The Maui News reported on Nov. 17. "Funakoshi replied that there was no exact proportion, to which Steiner asked: How is the landowner supposed to know if it is in compliance or not?"

Neither the paper nor Funakoshi nor the LUC apparently provided an answer, which is also not surprising.

*****

MY THANKS

In honor of the holiday this week, I'd like to give thanks to a few individuals over on Oahu, where I spent last weekend for a much-needed vacation. First, thank you to the individuals at the Bernice Pauahi Bishop Museum, who showed much wisdom and courage when they decided to exhibit a particularly remarkable bowl in the Hawaiian Hall.

The bowl, which is off in the corner of the second level, is made mostly of wood. I say mostly because bored into the bowl are about a dozen human molars. The bowl, the card at the exhibit says, was a spittoon or refuse container, used by someone who wished to "denigrate" the memory of a slain adversary.

That, to put it mildly, is hardcore. It's funny how pervasive the marketing of Hawaiian culture truly is: we see so many luaus and other examples of the generosity and compassion that it's quite easy to forget that ancient Hawaiian warriors were susceptible to the same brutal impulses that govern soldiers around the world today.

Okay, my second thanks is not so solemn. It goes out to the two workers over at Honolulu International Airport who made hanging out in the terminal so much fun. So much of flying commercially these days (really, over the last decade or so) has become a drudgery that it often hardly seems worth the effort. Tickets are expensive, and airlines are great at finding ways to charge travelers ridiculous fees for services once considered free. Security procedures seem both deadly serious and laughably arbitrary.

Which is why it was such a joy to see these two workers on break, hanging out in the terminal with a dollar bill hooked to a length of fishing line. One would drop the bill casually in the middle of a high-traffic corridor, then sit down a few yards away and wait. When an unsuspecting traveler would walk by, see the bill and reach down to grab it, the worker would yank on the line.

Immature? Probably. Unprofessional? Almost certainly. But sitting and watching those guys this weekend pull that bill away from people as they grabbed for it, I felt happy, and it's been a long time since I've felt that inside an airport terminal.

print
Print
email
Email Link
Comment
Feedback
share
Share
  1. print email
    development
    November 21, 2012 | 04:13 PM

    It is comforting to see that much needed development is on the horizon.

    Frank Amato
    Maui
  2. print email
    November 22, 2012 | 11:26 AM

    I am tired of the Nimbys in Kihei saying the island doesn't want a mall, yes, a great deal of us do. Its a fine location and will serve the island well. Go put your energy into another much needed rotary.

    amazed
  3. print email
    Island Plan is outside the law
    November 27, 2012 | 08:49 AM

    ***Maui's Charter Sec. 8-8.5(1): The general plan shall be developed after input from the state and county agencies and the general public, and shall be based on sound policy and information. And at (5): The community plans created and revised by the citizen advisory committees shall detail..and shall be to implement the policies of the general plan.

    ***The view that the Island Plan is part of the mix of plans became with planner Larry Summers's testimony July 31, 2006 when he said: "I would like to focus on three primary amendments for this ordinance....The first is to clarify that the General Plan is comprised of a Countywide Policy Plan, a Maui Island Plan and set of community plans."

    Our Charter warrants the plans be based on sound policy. The Policy Plan has throughout evidence of protecting land and the Hawaiian people. The Island Plan does not even have greenways, certainly no leadership in protecting land and people. And further, by layering itself over the Communities before the people "review and recommend", the Plan and the process goes against our Charter. An ordinance can not change the Charter, only Charter amendments can do so.

    The Island Plan is inconsistent with existing law. Maui’s General Plan 2.80B.030(c) states our laws must be “internally consistent with compatible vision, principles, goals, policies, implementing actions, and land use maps”. The Countywide Policy Plan (Ordinance 3732) states the goal such legislation is to “protect”, “preserve”, and “ultimately perpetuate the Hawaiian value of malama ‘aina”. Instead, the Island Plan negates this core value.

    a) Article 8,Section 8 of Maui’s Charter, and Maui Countywide Policy Plan Ordinance 3732 guarantees that each of the nine “citizen advisory committee[s] is charged with reviewing and recommending revisions to the community plan” in its area. All Maui citizens have this right though Citizen Advisory Committees in the area in which they live before adoption of new boundaries.

    b) HRS 226-58 requires changes in plans for development not violate county charters, and Maui’s Charter Article 8 is clear that we have the right to nine Citizen Advisory Committees.

    c) Community Plans are defined in ordinance 1912, Bill No. 42 but the Island Plan and enabling legislation does not recognize this and their part of the process.

    d) The Island Plan is a building plan and does not protect the environment but muddies it.

    Countywide Policy Plan (Ordinance 3732) states the vision: “Maui County will be an innovative model of sustainable living” taking into consideration “the needs of the whole community…natural and cultural assets…to reflect the high value we place on our natural environment and our people”. Maui Policy Plan’s 1st stated key strategy is “protection of the natural environment”.

    e) The Policy Plan (Objective 3, c) states that we evaluate development as to impacts on land, air, aquatic, and marine environments. How and where do we see that the General Plan Committee compared the Island Plan with existing Community Plans to insure the projected growth does is in line with density numbers these plans call forth?

    f) HRS 205 identifies State Land Use District and designates urban, rural, agricultural, and conservation districts. The Maui Island Plan expands urban and rural use districts but fails to include an agricultural use boundary or a conservation boundary. The Plan is inconsistent with state land-use law. Further, Maui’s Policy Plan requires that we grow agricultural and conservation boundaries not ignore them.

    g) The Island Plan has no plan to protect Hawaiian land rights.

    Maui’s Policy Plan Objective ‘N’ states that future laws “reduce the affordable housing deficit”. The Island Plan does not.

    h) Maui’s Policy Plan states that laws “facilitate the use of Kuleana lands by the descendants of Native Hawaiians who received those lands pursuant to the Kuleana Act of 1850”. The Island Plan violates this policy.

    Consider these statements key to understanding how we got to this point, truly a crises in our local constitutional law.

    ** Members of the General Plan Advisory Committee pointed out issues with the developing Plan and the Sunshine Laws, and Corporation Council James Giroux stated on Sept. 18, 2008: “Nobody knows what we are doing today. Nobody has gone this far”, concluding the process is “on the galactic edge of planning”. What this means is that the Plan is outside the law.

    ** Council Chair Mateo stated about this fact citing our law: “The Community Plan shall implement the Maui Island Plan for projects and issues falling within this community”. That, for me, causes a lot of alarm because I was always of the impression that the communityâ€"the communities really should be the driver….I already see conflict from the get-go….I think we’re doing it backwards. I think Community Plans should have been done first.” (March 15, 2012)

    ** General Plan Committee Chair Baisa responded: “Well said, Chair. I have said the same thing myself….We find ourselves where we’re at. After all this energy, time and money andâ€"that’s a question that I was asked the other day and I couldn’t answer….but I think we just gotta press on here and hope for the best.” We all agree, when it comes to human rights, hoping for the best legislation is a poor way to improve society. (March 15, 2012)

    LLoyd Fischel
    Ha'iku
Reader Feedback Submission
Use this form to submit Reader Feedback.
* required value
Your Name*

Town

Email (not shown on website)

Subject

Comment*

Verification*


Calendar Search
Event
calendar icon
Zip Code Proximity
of
Entertainment and lifestyle news for Maui, Hawaii and the surrounding Islands. Maui Time Weekly is Mauis only independent and locally owned newspaper. Mail this link to a friend
Web Analytics