The State Land Use Commission, rather than rezoning the Kihei megamall land back to agricultural because of lack of compliance, gave Texas-based landowner Sarofim Realty Advisor and affiliate Honua’ula Partners until December to submit amended plans for their 700,000-square-foot development in Kihei.

The Developer’s (less than complete) plan shows a “mixed-use” development with business, commercial and residential uses.

Maui Tomorrow Foundation won their legal intervention with the Land Use Commission which asserted that the original Outlet mall plan was not in compliance with LUC requirements.

According to a Maui News article, Maui Tomorrow expressed disappointment that the land did not revert to agricultural zoning as would be expected from the noncompliant plan:

“The petitioners are the ones who had the choice here. They had a choice to seek to amend (the 1995 zoning) but they chose not to. . . . They took their chances. They lost, and now they’re just trying to pull their way back,” Tom Pierce, attorney for the interveners, told commissioners.

“This doesn’t send a message to landowners and developers that they need to look at the laws closely before they make these decisions,” he said. “It suggests that they can go ahead and take the chance as long as they’re willing to pony up the money.”