Ohana Kai Update – PLEASE READ

NEWSFLASH! MCA has partnered with Maui Tomorrow to initiate legal action and file a
complaint challenging the adequacy of the FEIS (Final Environmental Impact Statement) for
the 1100 unit Ohana Kai affordable housing project. This huge project would be located on
257 acres at the foot of the West Maui mountains across the highway from Ma’alaea. The
complaint details a long list of issues associated with the project that are inadequately
addressed in the FEIS, e.g. excessive traffic resulting in more gridlock, lack of long term
sustainable water supply for the project, drainage impacts, loss of prime agricultural farm
lands, etc. (Please see MCA’s website (www.mcamaui.org) for a full discussion of the
issues and MCA’s position.)
The attorney representing MCA and Maui Tomorrow is Isaac D. Hall. Legal expenses will
be shared equally between both organizations. MCA Planning Committee members Pam
Daoust, Rob Riebling and Tom Royer have spent hours reviewing the draft and final EIS,
and submitted ample documentation showing that both are inadequate to meet
requirements of the Kihei-Makena Community Plan and Hawaii environmental laws.
Background: Much of MCA Board of Directors’ time in 2010 was spent staying current on
this project. Complaints were filed regarding activity on the site: quarrying & stockpiling of
construction materials (rather than permissible “grubbing”). A County inspector determined
the action was in violation and a cease & desist order was issued; Mr. Spencer received
minor fines. Most recently, construction has begun on retention basins intended to serve the
new project. Some believe that the resulting mounds of loose soil are responsible for
damages that occurred before Christmas when heavy rain runoff and mud flooded Hauoli
St. condominium parking lots and first floor units at Island Sands.
This past fall, the MCA Board authorized up to a $1000 marketing fund for development of
tools to support opposition to the Ohana Kai Project. This was matched by a generous
donor who has since made yet a second generous donation.
Ohana Kai developer Jesse Spencer has conducted a strong community relations campaign
promoting the project’s affordable housing aspects along with “jobs, jobs, jobs,” and ignoring
or glossing over issues of concern not only to MCA, but to many in the Maui community.
This misinformation reinforces the need to continue to write letters to set the record straight.
Getting the facts out is very important as Spencer’s “spin” ignores many important issues.
The Maui Island Plan has completed three of the four steps necessary for adoption, passing
the General Plan Advisory Committee (GPAC), Planning Commission and Planning
Department. It is currently before the new Maui County Council, having failed to meet the
deadline for adoption prior to December, 2010. A critical piece of the Maui Island Plan (MIP)
is the Urban Growth Boundary (UGB), which will dictate Maui’s island-wide development for
the next 20 years.The Ohana Kai project is not included in the MIP proposed Urban Growth Boundary (UGB),
which means that all three review processes voted to keep the 267 acres in agriculture for
perpetuity.
It is not known whether the Spencer project will reach the Council before the Maui Island
Plan is adopted. There is concern regarding the state fast-track process allowing the
development to slip through prior to the completion of the Maui Island Plan. The Maui
County Council still has the potential to change the urban growth boundaries designated in
the master plan so as to include the project.
The final EIS was released and accepted by The Environmental Land Use office and the
Department of Housing & Human Concerns on October 23
rd
This triggered a 60 day period .
for any judicial challenge to the adequacy of the final EIS, which ended on December 21
st
MCA and Maui Tomorrow's complaint was filed prior to this date.
The project is expected to go to Council shortly in this new year. Once Council receives it,
they will have 45 days to review and approve or disapprove the project.
YOUR FINANCIAL SUPPORT IS CRITICAL!
The lawsuit in partnership with Maui Tomorrow Foundation will be costly. Funds are needed
to cover MCA’s share of expenses, which could include additional actions/costs besides
those already incurred. CHECKS SHOULD BE MADE OUT TO MA’ALAEA COMMUNITY
ASSOCIATION AND EARMARKED “OHANA KAI LEGAL FUND.”
PLEASE SEND ASAP TO MCA, 50 HAUOLI STREET, WAILUKU, HI 96793.
ADDITIONAL SUPPORT NEEDED!
If, despite legal action already initiated, the project makes it to County Council we will need
individuals willing to a) write letters and b) testify on the separate concerns, as 3 minutes
doesn’t allow presenting the big picture; each person would take 1 of the 20+ concerns.
Council must be made aware of our many objections so that they don’t just approve the
project based solely upon the need for jobs and affordable housing. We are not against
affordable housing. There are already 40,000 units included in the Maui Island Plan’s 20-
year horizon, more than sufficient to meet Maui’s future housing needs for both affordable
and market priced housing.
Please contact President Gary Smith or any of the committee members for further
information. Mahalo!
Join us at our upcoming Annual Meeting at the Maui Tropical Plantation at 6 PM on
Tuesday, January 25 to hear the latest news about our legal action.
Join Us! Become a 2011 Member
No longer just a debating society, but a force to be reckoned with for the betterment
of Ma‘alaea