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<br /> June 1, 2018
<br /> Page 3
<br /> The original Petitioner under Docket No. A93-701, Kaupulehu Developments, proposed
<br /> to develop a residential community consisting of 530 single-family homes and 500 low-rise
<br /> multiple-family units to complement the adjacent resort development, a 36 holes of golf, a golf
<br /> clubhouse, an 11-acre neighborhood commercial center with 45,000 sq.ft. of leasable space, a 3-
<br /> acre residents/members recreation club, and a 70-acre area abutting the north boundary of Lot 4-
<br /> A for public shoreline access facilities, other recreational uses and cultural activities.
<br /> On December 11, 1998, the County Planning Commission approved Special Management
<br /> Area Use Permit No. 389 ("SMA 389") to allow the development of a resort residential
<br /> community within Lot 4-A and Lot 4-B, to include'a resident's beach club, golf course and
<br /> clubhouse, a Hawaiian interpretive center, and other related facilities. SMA 389 was ratified and
<br /> reaffirmed by the County Planning Commission on December 30, 1999.
<br /> On April 10, 1999, the County of Hawaii approved PDO 99-42, which changed the
<br /> zoning for Lot 4-A and Lot 4-B from the "Open" zone to "Project District". PDO 99-42'
<br /> permitted the development of the same number of dwellings/units and elements allowed under
<br /> Docket No. A93-701.
<br /> Although PDO 99-042 was granted on April 10, 1999, as noted above, the State Land
<br /> Use Boundary Amendment entered on June 17, 1996 was appealed and under review by the
<br /> Hawaii Supreme Court, until it rendered its decision in Ka Pa'akai 0 Ka'Aina v. Land Use
<br /> Com'n, State of Hawaii, 94 Hawaii 31, 7 P.3d 1068 (2000), on September 11, 2000, which
<br /> remanded the case back to the LUC. Thereafter, the LUC entered its Findings of Fact,
<br /> Conclusions of Law, and Decision and Order on October 18, 2001, which amended the district
<br /> classification of Lot 4-A and Lot 4-B from the "Conservation District" to the "Urban District".
<br /> SMA 389, which was originally approved by the Planning Commission on December 4,
<br /> 1998, was also subject to an appeal. Upon remand to the Planning Commission, SMA 389 was
<br /> ratified and reaffirmed on December 30, 1999. Thus, it wasn't until after October 18, 2001 that
<br /> the original Petitioner could proceed with their development plans with the final decisions on its
<br /> LUC and SMA entitlements.
<br /> The Planning Department subsequently approved SUB-7571-Revised on September 18,
<br /> 2002, which subdivided the Property covered by the subject entitlements into Lot 4-A
<br /> (Kaupulehu) and Lot 4-B (portion of Hualalai Resort), respectively.
<br /> HILLC became the successor applicant from Kaupulehu Makai Venture for those lands
<br /> comprising Lot 4-B on June 1, 2006. KD became the successor applicant for those lands
<br /> comprising Lot 4-A on June 9, 2014, when WB KD Acquisition, LLC' was converted to KD
<br /> Acquisition LLLP.
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<br /> Hawaiian resources. A portion of Kaupulehu Lot 4-A was previously reclassified from Conservation to Urban in
<br /> Docket No. A81-524.
<br /> WB KD Acquisition LLC acquired Lot 4-A from the original applicant, Kaupulehu Developments, a memorandum
<br /> of which sale was recorded in the Bureau of Conveyances of the State of Hawaii as Document No.2004-031731.
<br /> KD is the lessee under that certain Lease No. 29,250 dated May 27,2000 with Kamehameha Schools.
<br /> 4821-7934-8826.6.060391-00002
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