WAILUKU — Mayor Charmaine Tavares last night signed into law the ordinances that could move forward the controversial Honua'ula housing and golf course development in South Maui.

Honua'ula, designated Kihei-Wailea Project District 9 (Wailea 670) in the community plan, proposes 1,400 housing units, half of which will be priced as affordable under federal guidelines. Construction on the project is expected to begin in five years if the permitting process is successful and pending lawsuits against Honua'ula are not.

Honua'ula Partners representative Charlie Jencks has said that the project could cost up to $800 million, including $300 million in infrastructure. Honua'ula is planned on 670 acres.

The Maui County Charter gives the mayor 10 business days to decide whether to veto the Honua'ula land-use measures passed March 19 by the County Council.

She waited until almost 7 p.m. Tuesday to issue her decision in a news release.

"This project represents one of the most contentious land-use amendments in recent years, and I appreciate the many citizens who have come forward to express their views and the scrutiny the council members have given it," Tavares said in her statement.

Although many in the community want to keep some areas of Maui pristine, residents must recognize the area formerly known as Wailea 670 has been slated for development since 1992 in the Kihei-Makena Community Plan, she said.

"While it is not ideal, the project does offer many contributions to our community's economy and infrastructure," Tavares said.

She said her office received more than 1,000 e-mails, letters, phone calls and personal visits from people both for and against the project and gave each one thoughtful consideration.

Tavares' support was crucial. It would have taken a two-thirds majority to override the veto, and the votes didn't appear to be there.

"The mayor felt that this was such a complex development that she needed all the time she could have to weigh the pros and cons," said Maui County spokeswoman Mahina Martin.

Council members had voted 5-4 in favor of the zoning, land-use and planning district changes, with Jo Anne Johnson, Riki Hokama, Michelle Anderson and Bill Medeiros voting no. Only Medeiros expressed trepidation in his vote against the development.

The council and its Land Use Committee have spent nearly a year debating the Honua'ula project.

The project area is just east of Maui Meadows and mauka of Piilani Highway in South Maui.

In approving the Honua'ula project district, the council added 30 conditions for the developer to meet. Those include expanding Piilani Highway to four lanes to Wailea Ike Drive; spending $24 million in public park assessments; creating a cultural resources preservation plan in conjunction with state experts; and developing a water sources and wastewater treatment plant.

The council also is requiring that 250 work-force housing units be built at a separate site in north Kihei before any market-priced homes are built at Honua'ula.

The project has been in the works for 20 years, in some form or another.

"In its current form, the project must meet a number of conditions relating to infrastructure and other impacts," Tavares said.

The mayor's news release states that the Wailea 670 project lands were designated as urban in May 1994 for residential and recreational development and did not include conditions that would ensure protection of environmentally sensitive areas.

A veto would have resulted in returning to the existing zoning, which already allowed for the development of more than 400 acres, Tavares said.

The mayor also said that, in its original form, the project held existing land-use approvals that did not address the many concerns over traffic, environmental impact, infrastructure and community needs.

She also said that she agrees with the conditions' efforts to address environmental and cultural concerns and to work with groups, such as the Maui County Cultural Resources Commission, the Maui/Lanai Island Burial Council and the Office of Hawaiian Affairs.

Council Members Mike Victorino, Joe Pontanilla, Mike Molina, Gladys Baisa and Danny Mateo voted yes for Honua'ula.

Molina has said that he was elected to office partially on the promise that he would bring more affordable housing to the residents of Maui.

Honua'ula supporters also frequently cited the creation of construction jobs for the project, which could take up to 20 years to complete.

Johnson had said she favors affordable housing, but not at the cost of a flawed development agreement and political process.

Others against Honua'ula have said it would eliminate wilderness, damage the marine environment and likely provide homes out of the financial reach of ordinary working people.

The question of whether Native Hawaiians have a claim on the property remains outstanding.

Several council members said they expect the matter to be resolved in the courts.

Opponents, including Maui Tomorrow, have also said that the area deserves a supplemental environmental impact statement, since the last was done in 1988.

Finally, the project faces a lawsuit and a possible judge's injunction based on the work of Wailuku attorney Lance Collins, who represents five residents claiming they were not provided adequate opportunities to comment to the council's Land Use Committee under the state Sunshine Law.

That case got its first hearing before 2nd Circuit Judge Joseph Cardoza on Tuesday.

The hearing was continued until Monday so that the county's corporation counsel could have more time to respond to the complainants' issues, Collins said.

In the meantime, the project will be subject to public review for Phase II approval by the Maui Planning Commission. That review will include detailed plans for roads, grading, structures, landscaping and water drilling.

Phase III project district approval involves a review by the planning director before the applicant seeks building permits.

"This is a very difficult and complex decision. I feel that the majority of concerns and issues brought to my attention will be addressed in the conditions of zoning and during the Phase II review by the Maui Planning Commission," Tavares said.

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