Excellent 5 Min Read about the Council Investigation into Planning and Public Works lifted from the Lahaina News:
Introduced by South Maui Councilwoman Kelly Takaya King, Resolution 22-159 explains that the structure violates county Special Management Area (SMA) rules and zoning, and a formal investigation is required to determine whether county departments acted outside their authority.
The probe will also determine if corrective legislation or other remedies are warranted. Councilors will also take up Resolution 22-158, introduced by West Maui Councilwoman Tamara Paltin, that explores authorizing proceedings in eminent domain for the acquisition of the property located at 5385 Lower Honoapiilani Road.
Napili resident Christopher Salem, chairman of the board for the Napili Bay Community Association, called the council’s actions a “game-changer.”
“Our battle with this developer in our community may have just taken a huge swing in our direction,” he noted in an e-mail.
Applicant Napili Beach House LLC was granted a county SMA Exemption to build a new two-story, 7,483- square-foot, single-family dwelling with swimming pool, ground catchment and landscaping outside of the Shoreline Setback Area on the halfacre property in Napili.
In prior communications, Brown Development’s attorney, Jeffrey Ueoka, explained that the home is being built in accordance with plans approved by the County of Maui, and it’s now in the late stage of construction.
The permitting process took over two years, and multiple revisions were made to the plans at the request of the Planning Department. King’s resolution explains that “… questions have been raised by concerned members of the public about whether there were violations of the Maui Planning Commission’s Special Management Area, or SMA, rules or the Comprehensive Zoning Ordinance in the County’s issuance of development approvals” for the project.
Chief among residents’ concerns are the size and height of the building. The structure exceeds 7,500 square feet, so it shouldn’t have been granted an SMA Exemption.
It is also higher than 35 feet, towering over neighboring two-story properties. Resolution 22-159 states “…the Greg Brown Development building permit plan and application applied hotel development standards to a single-family residence permit exemption in apparent contravention of the Section 12-202-12(d)(1)(B), Maui Planning Commission’s SMA rules; Section 19.60.030, Maui County Code, “Napili Bay Civic Improvement District”; and the West Maui Community Plan land-use designation for the Greg Brown Development…”
To preserve views and the character of the area, the former Napili Bay Civic Improvement District restrictions limited structures to two stories — typically up to 20-25 feet high. The former guidelines didn’t list a specific height limit, however.
Acting on input from the Napili Bay and Beach Foundation and area residents, the Maui County Council amended the language of the Napili Bay Civic Improvement District. Now, no new structures in the district can exceed two stories and 30 feet in height, and no new short-term rentals are allowed in the district. All existing businesses may proceed as usual.
The council’s Government Relations, Ethics and Transparency Committee discussed the project at seven meetings in 2021 and 2022. According to the resolution, councilors are concerned that:
1) The Department of Planning may be issuing SMA permits on behalf of the Maui Planning Commission without confirming the accuracy of applicants’ development valuations, as required by Section 12-202-12(d)(1) of the commission’s SMA rules.
2) The planning director may not have followed the established process for SMA enforcement after alleged SMA permit violations were brought to the Planning Department’s attention.
3) The Department of Planning may be failing to keep records and perform field inspections of citizens’ complaints on SMA permits and to issue appropriate Notice of Warnings and Notices of Violation.
4) The Department of Planning may be making false representations on the compliance of developers’ SMA permits.
If authorized, the investigation will be conducted by the Planning and Sustainable Land Use Committee. The panel will submit its findings and recommendations by Nov. 4, 2022.
“After almost 18 months of citizen complaints and Council hearings regarding the massive structure being built in the center of Napili Village, our voices and concerns have resulted in a formal Council investigation into the Department of Planning and Public Works’ questionable permitting decisions and procedures,” Salem wrote in a letter to the Napili Bay Community and West Maui residents last week Wednesday.
“We hope to celebrate a victory for the will of the people of Maui County which does not involve costly litigation,” he continued. “We ask for your support in this common goal and purpose.”