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Home My WebLink AboutCOM 0013.000 2018-2020 .OJ�SY OFH� �' u,•c� ;.`. Wil Okabe \��I1,;, Managing Director • • Harry Kim • �� ~'!1 '�:+. • Mayor •-- ' _`— • Barbara J.Kossow ••,ar': ��M°�'�`� ' Deputy Managing Director qiniu 413 OmmttP of* awar 25 Aupuni Street,Suite 2603 • Hilo,Hawai`i 96720 • (808)961-8211 • Fax(808)961-6553 CDCD ,, KONA: 74-5044 Ane Keohokalole Hwy.,Bldg.C • Kailua-Kona,Hawai`i 96740 -1 C—) (808)323-4444 • Fax(808)323-4440 s'" November 19, 2018 - Valerie T.Poindexter, Council Chair and Members of the County Council County of Hawai`i 25 Aupuni Street Hilo, HI 96720 Dear Chair Poindexter and Members: SUBJECT: Project District Ordinance No. 99 42 (REZ 926,Docket No. 98-000075) Applicant: KD Acquisition,LLLP and Hualalai Investors,LLP (formerly Kaupulehu Developments) Request: Submission of Overall Status Report to Planning Department,Planning Commission and County Council as Required by Condition BB of Project District Ordinance No. 99 42;Request for Clarification from the Planning Commission and County Council that a Time Extension is Not Needed; If Needed,the Applicant is Requesting an Amendment to Condition B for a 20-Year Time Extension Tax Map Keys: 7-2-010:022(por.)to 027, 031, 7-2-031:001, 002, 004, 06 to 011, 013, 015 to 023,025 to 030, 032, 033; 7-2-032:001 to 003, 005, 007, 009,010, 014, 016 to 034, and 036 to 053 (collectively"Lot 4-A"); 7-2-010:020, 028 to 030; 7-2-29:001 to 020, 022 to 025, 027 to 048,050 to 058 and 7-2- 030:001 to 035 (collectively"Lot 4-'G") As required by Chapter 7, Sec. 6-7.5 (a), Hawai`i County Charter,transmitted herewith for the County Council's consideration and action are the Leeward Planning Commission's letter and enclosures regarding the above-referenced request. Sincer- er" "Y KIM Mayor • MTransCouncilKDQAcquisitionREZ926amendord99-42 Enclosures ?� 13 cc: Planning Department Comm. No. Ref. To: <? ).%% ,l ` ) County of Hawai`i is an Equal Opportunity Provider and Employer. 2018 / Ref. Date DEC 0'6 . .-vat os y,� Ha Kim 6o' 9%`•, Keith F.Unger,Chair Mayor *carl` 't:*. ; Oliver"Sonny"Shimaoka,Vice Chair • ` • Nancy Carr Smith Scott Church TE'd ._..... - Perry Kealoha •- v Michael Vitousek awa1`1 Faith"Faye"Yates County of H LEEWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo,Hawai`i 96720 Phone(808)961-8288 • Fax(808)961-8742 NOV 19 2018 Valerie T. Poindexter, Council Chair and Members of the County Council County of Hawai`i 25 Aupuni Street Hilo, HI 96720 Dear Chair Poindexter and Council Members: SUBJECT: Project District Ordinance No. 99 42 (REZ 926,Docket No. 98-000075) Applicant: KD Acquisition,LLLP and Hualalai Investors,LLP (formerly Kaupulehu Developments) Request: Submission of Overall Status Report to Planning Department, Planning Commission and County Council as Required by Condition BB of Project District Ordinance No. 99 42; Request for Clarification from the Planning Commission and County Council that a Time Extension is Not Needed; If Needed, the Applicant is Requesting an Amendment to Condition B for a 20-Year Time Extension Tax Map Keys: 7-2-010:022(por.) to 027, 031, 7-2-031:001, 002, 004, 06 to 011, 013, 015 to 023, 025 to 030, 032, 033; 7-2-032:001 to 003, 005, 007, 009, 010, 014, 016 to 034, and 036 to 053 (collectively "Lot 4-A"); 7-2-010:020, 028 to 030; 7-2-029:001 to 020, 022 to 025, 027 to 048, 050 to 058 and 7-2-030:001 to 035 (collectively "Lot 4-B") The Leeward Planning Commission, at its duly held public hearing on October 18, 2018, recommended for your approval the proposed legislative bill for an amendment Project District Ordinance No. 99 42. The properties are located adjacent to the west of the Kona Village Resort, makai of Queen Ka`ahumanu Highway, between the 87 and 84 mile marker, Kaupulehu,North Kona, Hawai`i. Hawai`i County is an Equal Opportunity Provider and Employer Valerie T. Poindexter, Council Chair and Members of the County Council County of Hawaii Page 2 In addition to the favorable recommendations articulated below, the Planning Commission requested that the County Council evaluate the public access condition (Condition S) to determine if implementation of the public access plan can be triggered prior to the opening of the golf course to a more publicly beneficial time period. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the request and to the County Council to accept the Overall Status Report required by Condition BB of Project District Ordinance 99 42 and to amend Condition B of project District Ordinance 99 42 to grant a twenty(20) year time extension to the Kaupulehu Project District development period. The applicant is requesting a 20-year extension of time to Condition B (Development Period) of Project District Ordinance No. 99 42, which rezoned 1,078.634 acres from Open to Project District. Condition No. B currently states: "This project area shall be called the Kaupulehu Project District. The development period for the Kaupulehu Project District will be 20 years from the effective date of approval of the Project District Ordinance. " The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant,successors or assigns, and that are not the result of their fault or negligence. As discussed above, the applicants have been diligently developing Lot 4-A and Lot 4-B over the last 19 years. The original applicant anticipated a 20-year development period at the time of application, however, given the complexity of developing such a large project and the 2008 recession, the applicants were unable to meet that deadline. The project has seen consistent growth and investment over the years, including the development of the required infrastructure; spine roads, water supply, sewage treatment, power supply, and grading rading and excavation; all of which will meet the future needs of the community. The majority of Lot 4-B has been completed with the remaining dwelling units to be complete within 2 to 3 years and the applicants estimate that future phases of Lot 4-A development will be complete over the next 20 years, based on current market demand. The Director deems Condition BB satisfied and therefore is recommending the removal of that condition. The applicants will still be compelled to provide the Planning Department with an Annual Progress Report as required in Condition AA. Moreover, the Planning Director is recommending adding the standard time extension condition, which provides guidance on how to request additional time, if needed. Valerie T. Poindexter, Council Chair and Members of the County Council County of Hawai`i Page 3 Granting of the time extension would not be contrary to the General Plan or the Zoning Code or for the original reasons for granting the permit. The LUPAG designation for the subject parcel is Resort Node and the Project District zoning allows for a mixture of residential, resort, commercial and recreational uses. Moreover, the project continues to be consistent with goals, policies and actions articulated in the Land Use and Economic elements of the General Plan. In addition, land use policies in the 2008 Kona Community Development Plan (KCDP), direct urban growth into compact, mixed-use communities that provide a mix of uses, services and amenities in the same development. The Kaupulehu Project District is guided by Director approved Master Plans that are consistent with this preferred development pattern. The original reasons for the approval of the Project District Ordinance are still applicable, and the time extension request is not contrary to these reasons. The proposed uses continue to be an appropriate use of lands within the Project District and the remaining development is consistent with the surrounding land use pattern. Moreover, the infrastructures and facilities will remain privately developed and managed, so continued development will not place undue burden on the County to provide those services. Plans for future development of the Property have not significantly changed since the Planning Commission and County Council originally approved the subject ordinance, so the requested amendment would not be contrary to the original reasons for granting Project District Ordinance 99 42. Lastly,this approval is made with the understanding that the applicant remains responsible for complying with all other applicable governmental requirements in connection with the approved use, prior to its commencement or establishment upon the subject properties. Additional governmental requirements may include the issuance of building permits, compliance with the Fire Code, installation of improvements required by the American with Disabilities Act(ADA), among many others. Compliance with all applicable governmental requirements is a condition of this approval; failure to comply with such requirements will be considered a violation that may result in enforcement action by the Planning Department and/or the affected agencies. Based on the preceding, the Planning Director recommends that a favorable recommendation be forwarded to the County Council to amend Project District Ordinance No. 99 42. In addition, the Planning Director recommends revision of some existing conditions in the ordinance to reflect current standard language for conditions of approval. The accompanying draft bill reflects these recommendations and changes. Material to be deleted is bracketed and struck-through; new material is underscored. Valerie T. Poindexter, Council Chair and Members of the County Council County of Hawai`i Page 4 We are enclosing copies of the staff Background, Planning Director's Recommendation, the Power point presentation and a draft transcript of the hearing for your information. Sincerely, Keith F. ° Di Unger itsigned by Keith Un�yer Date:2018.11.18 y 20:37:31-10'00' Keith F. Unger, Chairman • Leeward Planning Commission LKDAcq uisitionLLPHual alai InvestorsREZ9261pc2 Enclosures cc: Steven S. C. Lim, Esq., Carlsmith Ball LLP Department of Public Works Department of Water Supply DOT-Highways, Honolulu Amy Self, Esq., Corporation Counsel • Planning Department-Kona BKDAcquisitionsREZ926Arnend.crk.10.8.18 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT KD ACQUISITION, LLLP AND HUALALAI INVESTORS, LLP (FORMERLY KAUPULEHU DEVELOPMENTS) AMENDMENT TO PROJECT DISTRICT ORDINANCE NO. 99 42 (REZ 926) KD ACQUISITION, LLLP AND HUALALAI INVESTORS, LLP (FORMERLY KAUPULEHU DEVELOPMENTS)have submitted an Overall Status Report to the Planning Department, Planning Commission and County Council as required by Condition BB of Project District Ordinance No. 99 42, which rezoned 1,078.634 acres from Open to Project District. The applicants are requesting a determination from the Planning Commission and County Council if a time extension to Condition B (Development Period) is needed. If it is determined to be needed, the applicants are requesting a 20-year time extension to comply with Condition B. The subject properties are located adjacent to the west of the Kona Village Resort, makai of Queen Ka`ahumanu Highway, between the 87 and 84 mile marker, Kaupulehu,North Kona, Hawai`i, TMKs: (3) 7-2-010: 022 (por.) to 027, 031; 7-2-031: 001, 002, 004, 06 to 011, 013, 015 to 023, 025 to 030, 032, 033; 7-2-032: 001 to 003, 005, 007, 009, 010, 014, 016 to 034, and 036 to 053 collectively"Lot 4-A"); and 7-2-010: 020, 028 to 030; 7-2-029: 001 to 020, 022 to 025, 027 to 048, 050 to 058 and 7-2-030: 001 to 035 (collectively"Lot 4- B"). APPLICANT'S REQUEST 1. Request: The applicants' request is twofold: First, the applicants are requesting a determination from the Planning Commission and County Council if a fon-nal request for a time extension of the 20-year development period articulated in Condition B (Development Period) is needed. Condition B states: "This project area shall be called the Kaupulehu Project District. The development periodfor the Kaupulehu Project District will be 20 years from the effective date of approval of the Project District Ordinance. " Second, if the County Council determines a time extension to Condition B is needed, the applicants are requesting a 20-year time extension to allow the completion of remaining development activities on the subject parcels. The effective date of Ordinance No. 99 42 was April 10, 1999, thus the twenty(20) year development timeline culminates on April 10, 2019. 2. Reasons for the Request: According to the applicants, the 20-year development period for the Kaupulehu Project District comes from a representation made in the Project District Application in 1998 that, "Full buildouts of the project is expected over 20 years..." The applicants believe that the inclusion of the 20-year development period condition was likely only intended to allow the Planning Department, Planning Commission and County Council an opportunity to review the overall progress of the development of the project after 20 years as required by Condition BB of Project District Ordinance No. 99 42, which reads: "Twenty (20)years from the effective date of the Kaupulehu Project District Ordinance, the applicant shall submit an overall status report of the project, including the percentage of completed development. The Planning Director shall also provide an assessment of the.development of the Project District and its compliance with conditions of approval for transmittal to the Planning Commission for their review and recommendation and then forwarded to the County Council for their review and action. " The applicants believe that if the Planning Department, the Planning Commission and County Council, intended for the applicants to apply for a formal time extension of the 20-year development period, Condition BB of Project District Ordinance No. 99 42, would not have been included as a condition of approval. Rather, the ordinance would have specifically required the processing of a formal time extension request before the Planning Commission and County Council, instead of requiring the submittal of an overall progress report for review and consideration. Furthermore, the applicants note that Project District Ordinance No. 99 42 lacks the standard condition of approval generally afforded to all new Change of Zone/Project District Ordinances, which provides an applicant a one-time opportunity to apply for an administrative time extension by the Planning Director, in the event that non-performance with the stated conditions of approval was the result of conditions that could have not been foreseen, or were beyond the control of the applicant, and was not the result of the applicant's fault or negligence. The applicants believe that this condition was omitted inadvertently, citing -2- other Project District ordinances adopted during the same time period which included this condition. Based on the preceding and the information provided in the overall status report, the applicant is requesting a determination from the Planning Commission and County Council whether or not a time extension to Condition B (Development Period) is needed. If it is determined that a time extension is needed, the applicants are requesting a 20-year time extension to allow the completion of remaining development activities on the subject parcels. (P.D. Exhibit 1 —Project District.Ordinance.Amendment). 3. Landowners: KD Acquisition LLLP, Hualalai Investors, LLP, Various Private Owners. BACKGROUND INFORMATION 4. June 17, 1996/October 18, 2001: State Land Use Commission issued Findings of Fact, Conclusions of Law, and Decision and Order under Docket No. A93- 701, which amended the SLU district classification for a majority of Lot 4-A and all of Lot 4-B from the "Conservation District" to the "Urban District"to develop a residential community consisting of 530 single-family home and 500 low-rise, multiple-family units, 36-holes of golf, a golf clubhouse, an 11-acre neighborhood commercial center with 45,000 square feet of leasable space, a 3-acre residents/members recreation club and a 70-acre area for public shoreline access facilities, other recreational uses and cultural activities. This 1996 Findings of Fact, Conclusions of Law, and Decision and Order was vacated by the Supreme Court after a lawsuit in 2000 and was ultimately revised on October 18, 2001. 5. December 11, 1998/December 30, 1999: The County Planning commission approved Special Management Area Use Permit No. 389 (SMA 389) to allow the development of a resort residential community within Lot 4-A and Lot 4- B, to include a resident's beach club, golf course and clubhouse, a Hawaiian interpretive center, and other related facilities. SMA 389 was ratified and reaffirmed by the County Planning Commission on December 30, 1999. 6. April 10, 1999: Effective date of Project District Ordinance No. 99 42, which changed the zoning for the project area from the "Open" zone to "Project District". This ordinance permitted the development of the same number of dwellings/units and elements allowed under Land Use Commission Docket No. A93-701. -3- 7. September 18, 2002: approved SUB-7571-Revised on September 18, 2002, which subdivided the Property covered by the subject entitlements into Lot 4-A (Kaupulehu) and Lot 4-B (portion of Hualalai Resort), respectively. AGENCY COMMENTS 8. Fire Department: (P.D. Exhibit 2—July 25, 2018 letter) 9. Department of Land and Natural Resources—Engineering Division: (P.D. Exhibit 3 —August 16, 2018 memo) . 10. Department of Land and Natural Resources—Division of Forestry and Wildlife: (P.D. Exhibit 4—August 16, 2018 memo) AGENCIES -NO COMMENTS/CONCERNS 11. Department of Water Supply, Department of Public Works, Department of Environmental Management, Police Department and State Department of Health. AGENCIES -NO RESPONSE 12. Civil Defense, Office of Housing and Community Development, State Department of Transportation, State Department of Education, State Land Use Commission, State Office of Planning, Department of Land and Natural Resources—State Historic Preservation Division,National Park Service and U.S. Fish and Wildlife Service. PUBLIC COMMENTS 13. As of this writing, the Planning Department has not received any written objections or comments from the general public or adjacent landowners. -4- CARLSMITH BALL LLP A LIMITED LIABILITY LAW PARTNERSHIP 121 WAIANUENUE AVENUE P.O.Box 686 HILO,HAWAII 96721-0686 TELEPHONE 808.935.6644 Fax 808.935.7975 W W W.CARLSMITH.COM rte, JKNABLE@CARLSMITH.COM -J • COO June 1, 2018 __- . VIA HAND DELIVERY Mr. Michael Yee L; Director ca Planning Department 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Attn: Deputy Director Daryn Arai and Jeff Darrow Re: Overall Status Report Project District Ordinance No. 99-42, Condition BB Successor Applicants: KD Acquisition, LLLP (fka WB KD Acquisition, LLC) as to Lot 4-A, and Hualalai Investors, LLC as to Lot 4-B Tax Map Key Nos.: (3) 7-2-010: 022 (por.)to 027, 031., (3) 7-2-031:001, 002, 004, 006 to 011, 013, 015 to 023, 025 to 030, 032, 033 and (3) 7-2-032:001 to 003, 005, 007, 009, 010, 014, 016 to 034, 036 to 053 (collectively 'Lot 4-A"); and Tax Map Key Nos.: (3) 7-2-010:020, 028 to 030, (3) 7-2-029: 001-020, 022 to 025, 027 to 048, 050 to 058, (3) 7-2-030:001 to 035 (collectively "Lot 4-B") Dear Mr. Yee: On behalf of our clients, KD Acquisition, LLLP ("KD"), and Hualalai Investors, LLC ("HILLC") (collectively referred to herein as the "Parties"), we hereby submit the Overall Status Report covering the development areas Lot 4-A and Lot 4-B, in compliance with and pursuant to Project District Zoning Ordinance No. 99-42 ("PDO 99-42"), Condition BB. Condition BB of PDO 99-42 states: "Twenty (20)years from the effective date of the Kaupulehu Project District Ordinance, the applicant shall submit an overall status report of the project, including the percentage of completed development. The Planning Director shall also provide an assessment of the development of the Project District and its compliance with conditions of approval for transmittal to the Planning Commission for their review and recommendation and then forwarded to the County Council for their review and action." • Eann,in icD LUpf HILO • KONA • MAUI • GUAM • Los ANGELES Exhibit 4821-7 4-8826.6.060391-00002 • June 1, 2018 Paget • • Pursuant to Condition BB, the subject condition provides that an overall status report of the project be submitted to the Planning Department twenty (20) years from April 10, 1999 or the effective date of the PDO 99-42 (and thus is not due until April 10, 2019). Condition B of PDO 99-42 also provides that: "This project area shall be called the Kaupulehu Project District. The development period for the Kaupulehu Project District will be 20 years from the effective date of approval of the Project District Ordinance." By virtue of the submission of this Overall Status Report at this time, the Parties are also requesting clarification from the Leeward Planning Commission and the County Council that the 20-year development period need not be the subject of a formal request for time extension of the "development period", as PDO 99-42 does not specifically establish a deadline to complete all development within 20 years, nor does it require the filing of a formal time extension to extend the development period. In the alternative, if the Leeward Planning Commission and/or County Council ultimately determine that a formal amendment to Condition B of PDO 99-42 is necessary, KD requests that these bodies take action on this formal amendment discussed in Section IV below. As we discussed with the Planning Department on numerous occasions, both Lot 4-A (Kaupulehu) and Lot 4-B (Hualal'ai Resort Expansion II) have been substantially developed over the past 18 years, with all spine infrastructure, community benefits and public access amenities • in place for many years. We have attached charts relating to development areas Lot 4-A and Lot 4-B (collectively the "Property"), which outline the various conditions of approval and the status of the Parties' respective compliance with the stated conditions of approval for their portion of the Property. The following sections provide a summary on the history of the entitlements for the Property (Section I), and report on Parties' development activities since the,effective date of PDO 99-42 (Sections II and III), the development plans for beyond 2019 (Section IV), the Parties' position on the development period prescribed under Condition B of PDO 99-42 (Section V), and in the alternative, a request for a 20-year time extension to the development period under Condition B, if the Leeward Planning Commission and County Council determine that the processing of a formal time extension is required (Section VI). I. ENTITLEMENTS HISTORY FOR LOT 4-A AND LOT 4-B On October 18, 2001,'the State Land Use Commission ("LUC") issued Findings of Fact, Conclusions of Law, and Decision and Order under Docket No. A93-701 ("Docket No. A93- 701"), which amended the district classification for a majority of Lot 4-A1 and all of Lot 4-B from the "Conservation District" to the "Urban Districti2. ' Approximately 37.064 acres within portions of TMK: (3)7-2-010:022 and 023 at Kaupulehu were left in the Conservation District, as this area comprises an existing archaeological preserve. 2 The original Findings of Fact, Conclusions of Law, and Decision and Order entered on June 17, 1996 were revised on October 18,2001 after the Supreme Court in Ka Pa'akai 0 Ka'Aina v. Land Use Commission, 94 Haw.31,46, 7 P.3d 1068, 1083 (2000),vacated the Commission's Decision and Order and remanded the case for the limited purpose of entering specific findings and conclusions regarding the rights P g g b g of native Hawaiians and valued native • 4821-7934-8826.6.060391-00002 • June 1, 2018 Page 3 The original Petitioner under Docket No. A93-701, Kaupulehu Developments, proposed to develop a residential community consisting of 530 single-family homes and 500 low-rise multiple-family units to complement the adjacent resort development, a 36 holes of golf, a golf clubhouse, an 11-acre neighborhood commercial center with 45,000 sq.ft. of leasable space, a 3- acre residents/members recreation club, and a 70-acre area abutting the north boundary of Lot 4- A for public shoreline access facilities, other recreational uses and cultural activities. On December 11, 1998, the County Planning Commission approved Special Management Area Use Permit No. 389 ("SMA 389") to allow the development of a resort residential community within Lot 4-A and Lot 4-B, to include'a resident's beach club, golf course and clubhouse, a Hawaiian interpretive center, and other related facilities. SMA 389 was ratified and reaffirmed by the County Planning Commission on December 30, 1999. On April 10, 1999, the County of Hawaii approved PDO 99-42, which changed the zoning for Lot 4-A and Lot 4-B from the "Open" zone to "Project District". PDO 99-42' permitted the development of the same number of dwellings/units and elements allowed under Docket No. A93-701. Although PDO 99-042 was granted on April 10, 1999, as noted above, the State Land Use Boundary Amendment entered on June 17, 1996 was appealed and under review by the Hawaii Supreme Court, until it rendered its decision in Ka Pa'akai 0 Ka'Aina v. Land Use Com'n, State of Hawaii, 94 Hawaii 31, 7 P.3d 1068 (2000), on September 11, 2000, which remanded the case back to the LUC. Thereafter, the LUC entered its Findings of Fact, Conclusions of Law, and Decision and Order on October 18, 2001, which amended the district classification of Lot 4-A and Lot 4-B from the "Conservation District" to the "Urban District". SMA 389, which was originally approved by the Planning Commission on December 4, 1998, was also subject to an appeal. Upon remand to the Planning Commission, SMA 389 was ratified and reaffirmed on December 30, 1999. Thus, it wasn't until after October 18, 2001 that the original Petitioner could proceed with their development plans with the final decisions on its LUC and SMA entitlements. The Planning Department subsequently approved SUB-7571-Revised on September 18, 2002, which subdivided the Property covered by the subject entitlements into Lot 4-A (Kaupulehu) and Lot 4-B (portion of Hualalai Resort), respectively. HILLC became the successor applicant from Kaupulehu Makai Venture for those lands comprising Lot 4-B on June 1, 2006. KD became the successor applicant for those lands comprising Lot 4-A on June 9, 2014, when WB KD Acquisition, LLC' was converted to KD Acquisition LLLP. • Hawaiian resources. A portion of Kaupulehu Lot 4-A was previously reclassified from Conservation to Urban in Docket No. A81-524. WB KD Acquisition LLC acquired Lot 4-A from the original applicant, Kaupulehu Developments, a memorandum of which sale was recorded in the Bureau of Conveyances of the State of Hawaii as Document No.2004-031731. KD is the lessee under that certain Lease No. 29,250 dated May 27,2000 with Kamehameha Schools. 4821-7934-8826.6.060391-00002 June 1, 2018 Page 4 II. DEVELOPMENT SUMMARY FOR LOT 4-A (Kaupulehu) A. Lot 4-A Development Areas. KD plans to develop Lot 4-A in two incriements, namely "Increment I" and "Increment 2". In addition to the main spine infrastructure, the Interpretive Center, and the opening of the public access areas along the coastline of the Kaupulehu project, KD's development activities to date have focused on the Increment 1 lands comprising the developable makai oceanfront lands within Lot 4-A. (See attached "Exhibit A" - Lot 4-A Site Plan). KD developed Increment 1 in two phases, specifically "Increment 1, Phase 1" and "Increment 1, Phase 2" based on the Project District Site Plan approval issued by the Planning Department on July 2, 20031, which allowed the development of 80 residential lots and implementation of KD's Utility Master Plan. The vacant Increment 2 lands are located immediately mauka of Increment 1, within TMK Nos.: (3) 7-2-010:023, 024 land a portion of 025. Based on market demand, KD plans to develop Increment 2 in one or more phases with the residential unit types divided between single-family estate lots and multiple- family units, an 18-hole golf course and golf clubhouse, and commercial/retail opportunities. See Exhibit A. Following the subdivisions of Increment 1, Phase 1" and "Increment 1; Phase 2", the Planning Department approved 2 additional subdivisions4 and 10 consolidations5, which produce a total of 74 single-family residential lots developed within Lot 4-A, as of the date sof this report. The following sections will further describe the elements that have been developed within Lot 4-A to date. 1. Increment 1, Phase 1 Developmen.t (SUB-7891) The Planning Department approved the Increment 1, Phase 1 subdivision on December 30, 2004 under Final Subdivision Approval No. SUB-7891- Revised and this phase consisted lof 38 single-family residential lots and 11 bulk lots. The Increment 1, Phi ase subdivision improvements were completed in 2008. The construction of single-family dwellings by the individual lot owners is still on-going and is expected to continue into the near future. 4 SUB-14-001448-Revised approved on September 17,2015 and SOJB-13-001254-Revised approved on September 17, 2015. 5 SUB-06-000049 approved on July 10,2006; SUB-06-000068 approved on December 13,2006; SUB-06-000335 approved on August 24,2006; CON-12-000223 approved on November 7,2012; CON-13-000257 approved on January 2,2014; CON-15-000289 approved on April 13,2015; CON-15-000294 approved on May 11,2015;CON- 15-000295 approved on May 11,2015; CON-15-000308 approved on September 16,2015; and CON-15-000311 approved on October 7,2015. 4821-7934-8826.6,060391-00002 June 1, 2018 Page 5 SUB 7891-Revised also created the lot for the future Kaupulehu Beach Club, which is now located on TMK: (3) 7-2-031:031. The 3,274 sq.ft. Kaupulehu Beach Club received final Plan Approval from the Planning Department on August 20, 2007 and the County issued a final inspection for the completed structure on January 20, 2009. KD also completed 5 public access parking stalls located at the Beach Club to facilitate public access to the shoreline. The Beach Club is currently open and available for use by Kaupulehu club members and their guests. The above subdivision also included roadway improvements to facilitate access to the future site of the Interpretive Center. The Interpretive Center was intended to provide a place where the public could obtain educational information on the sensitive cultural, natural, and shoreline resources found within the Kalaemano Cultural Preserve, which comprises a majority of the oceanfront area along the northwestern portion of TMK: (3) 7-2-010:022. On May 7, 2006, the Planning Department issued a Final Plan Approval to allow the construction of the 900 sq.ft. Interpretive Center within Parcel 22, which also included demonstration lawn, public mens' and womens' restrooms, as well as 33 public p irking stalls, 2.ADA accessible stalls, and 2 bus-parking.stalls. The County issued a final inspection for the completed structures on February 7, 2008. In 2013, KD also constructed a 530 sq.ft covered trellis to provide another shaded area for the Interpretive Center visitors. (See "Exhibit B" - Interpretive Center Site Photos). The lineal descendants from Kaupulehu recently requested that KD relocate the Star Compass' from TMK: (3) 7-2-012:008 within the Hualalai Resort to the Interpretive Center, in addition to constructing a new Hale Wa'a (canoe hale) adjacent thereto. KD recently submitted a Plan Approval Application to the Planning Department to construct a 44' X 28' Hale Wa'a. The Hale Wa'a will be accessible through a path extending from the existing public parking lot area. Once the applicable permits are approved, KD expects to start construction activities on these elements immediately. Although the Interpretive Center las been completed for some time, access to the Interpretive Center is currently restricted to cultural practitioners, the area's lineal descendants, and guided tours for schools and other groups by appointment 'only. The guided tours for the schools may consist of overnight stays at the Interpretive Center to allow for lessons on celestial navigation and tours to the various cultural sites within the Kalaemano Cultural Preserves', such as the salt pans, with the objective to provide students with an opportunity to learn about cultural practices 6 A star compass charts the rising and setting of stars used traditionally to navigate ocean voyages. • 4821-7934-8826.6.060391-00002 , June 1, 2018 Page6 from old Hawaii. The completioti of the Hale Wa'a will serve to further • enhance the cultural and educational experience for the Interpretive Center user and the Kaupulehu lineal descendants. KD desires to open the Interpretive Center to the general public on an unrestricted basis based on available parking, however, KD is prevented from doing so, as the opening of the Interpretive Center to public use is contingent upon the State Historic Preservation Division ("SHPD") • approving the Revised Long-Term Preservation Plan ("Plan") for the Kalaemano Cultural Preserve. (See enclosed CD diskette - Preservation Plan). The approval of the Plan vill allow KD to complete the implementation of the required mitigative measures, such as the preservation site buffers, and the installation of path improvements with interpretive and directional signage to facilitate public access from the Interpretive Center through the rocky Kalaemano Cultural Preserve to the •shoreline. KD plans to start implementation of the mitigate measures as soon as the SHPD approves the Plan. KD's archaeologist follows up regularly with the SHPD on the approval of the Plan and KD is hopeful that the SHPD will approve the Ilan soon. Once the Interpretive Center is opened to the public, under the direction of the area kupuna and•lineal decedents, KD plans to direct all public access users to the Interpretive Center toll obtain an informal orientation on the Kalaemano Cultural Preserve and use of the shoreline area. Since there are vast amounts of preservation sites and areas currently being utilized for cultural practices, the steward's of the Interpretive Center will educate the public on the proper use of the area to minimize impacts to these sensitive sites. KD will also use this opportunity to educate the public about safely navigating the very rugged shoreline terrain and sea cliffs. The shoreline area is almost entirely devoid of any ocean-accessible sandy beach areas, which is not conducive for typical ocean activities such as swimming. Coupled with the Kaupulehu Reserve, which the State established on July 29, 2016 to,pi ohibit the taking or possession of any aquatic life within the preserve boundary for 10 years, KD anticipates that the typical public access user will consist of those individuals interested in learning about the Kalaemano Cultural Preserve or those that plan to hike the rugged shoreline. • In the interim, the general public is currently directed to the 2 public access parking lots located at the: (1) South Public Parking Lot#1, located adjacent to the Hualalai Resort/Kukio Resort boundary consisting of 59 standard paved stalls and 8 gravelled stalls, and North Public Parking Lot #2, located adjacent to the Hualalai Resort/Kona Village Resort boundary consisting of 10 paved stalls, for a total of 77 public access stalls available for public use. 2. Increment 1, Phase 2 (SUB-05-000066-Revised) 4821-7934-8826.6.060391-00002 • June 1, 2018 Page 7 • The Planning Department approved the Increment 1, Phase 2 subdivision on November 22, 2006, consisting of 42 single-family residential lots. • The Increment 1, Phase 2 subdivision improvements were completed in 2016 and construction of single-family dwellings continues and is expected extend into the near future. III. DEVELOPMENT SUMMARY FOR LOT 4-IB (portion of Hualalai Resort) A. Lot 4-B Development Areas. Lot 4-B is comprised of 15 separate development areas that currently contain 76 single-family lots, 20 multiple-family residential units, Keolu Golf Course holes 10 through 18, and 2 vacant bulk lots. (See attached "Exhibit C" - Lot 4-B Site Plan). The following sections will further desciibe the elements that have been developed within Lot 4-B to date. 1. Hualalai Resort Phase 2-C Subdivision No. 1 (SUB-7835-Revised) The Planning Department approved SUB-7835-Revised on October 19, 2004. This phase of the development within Lot 4-B consisted of 3 single-family residential lots, 2 multiple-family lots, and 7 bulk lots. HILLC constructed the 4-unit Na Hale at Kahikole condominium project on TMK: (3) 7-2-030:002, and the adjoining 4-unit Na Hale at Kahikole Phase II condominium project on TMK: (3) 7-2-030:001. The subdivision improvements for this phase were completed in 2006. 2. Hualalai Resort Phase 2-C Subdivision No, 2 (SUB-04-000219) The Planning Department approved SUB-04-000219 on September 12, 2005. This phase of the development consisted of 19 single-family residential lots, 1 multiple-family lot, 7 bulk lots for future single-family lot or multiple-family residential units, and the 2 bulk lots for the back 9 golf holes of the Keolu Golf Course. HILLC constructed the 12-unit Hali'i Pua Villas condominium project on TMK: (3) 7-2-029:028. The subdivision improvements for this phase were completed in 2006. 3. Hualalai Resort Phase 2-C Subdivision No. 3 (SUB-05-000222) • The Planning Department approved SUB-05-000222 on February 21, 2007. This phase of the developinent within Lot 4-B consisted of 31 single-family residential lots, together with a readjustment of the boundary lines for 2 bulk lots for the golf course. The subdivision improvements for this phase were completed at the end of 2007. 4. Hualalai Resort Parcel 20 Subdivision (SUB-07-000564) 4821-7934-8826.6.060391-00002 June 1, 2018 Page 8 • The Planning Department approved SUB-07-000564 on January 9, 2014. This phase of the development consisted of 12 single-family residential lots, together with a readjustmei->t of the boundary lines for 2 bulk lots for the golf course. The subdivision improvements for this phase were completed in 2014. 5. Kulanakatchale (SUB-14-001426-Revised) The Planning Department approved SUB-14-001426-Revised-2 on April 5, 2017. This phase of the development consisted of 11 single-family residential lots. The subdivision improvements for this phase were completed in 2017. IV. DEVELOPMENT PLANS FOR LOT 4-A AND LOT 4-B BEYOND 2019 Although faced with a challenging real estate market, KD and HILLC remained steadfast and fully committed to implementing thedevelopment plans for Lot 4-A and Lot 4-B, respectively, and have made substantial progress towards this goal. The total development area under PDO 99-42 is 1,078.634 acres in size with a maximum allowable density of 1,030 residential units. To date, KD and HILLC have developed approximately 582.030 acres of land and 170 residential units within the Lot 4-A and Lot 4-B development areas. Approximately 384.094 acres within Lot 4-A7 and 217.394 acres within Lot 4-B8 have been developed, respectively, which represents roughly 54% of the land covered by PDO 99-42. More importantly, the Parties have completed a majority of the community benefit and public access elements under PDO 99-42, such as the Interpretive Center with the public restrooms and public parking stalls, which will facilitate greater public access to the shoreline, once SHPD approves the Plan for the Kalaemano Cultural Preserve. As we discussed in Section II.A.1. above, the Interpretive Center is currently open to lineal descendants, cultural practitioners, and educational groups on a reservation only basis, while the SHPD review of the Plan is pending. Concurrent with the work performed by the project archaeologist, KD has consulted with the Kaupulehu Development Monitoring Committee ("KDMC") and the lineal descendants from the area to develop an appropriate management plan to ensure the protection of all archaeological, cultural and natural resources along the shoreline. KD and HILLC maintain close contact with the lineal descendants from Kaupulehu, and this relationship was integral in the efforts to relocate the Star Compass from within the,Hualalai Resort and to develop plans for the new Hale Wa'a(canoe hale) adjacent to the Interpretive Center. Although PDO 99-42 allows KD to defer opening the public access elements to the general public until the opening of the 18- hole golf course, KD always intended to open these public access improvements to the public • earlier. While access to these improvements is currently managed and restricted to certain users The total acreage accounts for the development of the completed subdivision improvements, including roadways and utilities,the Kaupulehu Beach Club, the set-asides for the Coastal Planning Areas,which includes the Kalaemano Cultural Preserve,the Interpretive Center and the Kaupulehu private wastewater treatment plant. 8 The total acreage accounts for the development of the completed subdivision improvements, including roadways and utilities, in addition to the back 9 golf holes of the Keolu Golf Course. 4821-7934-8826.6.060391-00002 June 1, 2018 Page 9 that are acquainted with the sensitive nature of the Kalaemano Cultural Preserve, upon completion of the archaeological preservation and interpretive work in the shoreline area and upon completion of the public access items required byii the Planning Department, KD will open the Interpretive Center to the public. KD will inform the Planning Department in writing when this occurs. Article XI, Section 7, of the Hawaii State Constitution provides that the State has an obligation to protect, control, and regulate the use of Hawaii's water resources for the benefit of its people. Article XI, Section 1, of the Hawaii State Constitution states that all public natural resources are held in trust by the State for the benefit of,the people. A County agency's duty and authority is to maintain the purity and flow of our waters for future generations and to assure that the waters of our land are put to reasonable and beneficial public benefit. The remaining development will not significantly use, nor generate significant adverse impacts to the existing groundwater resources, and thus is consistent with the public trust in the use of water resources. Kaupulehu draws potable water from 2 existing wells that service Property and non-potable water is provided by an on-sie well. The potable and non-potable wells have been in operation for many years in compliance with the applicable State Commission on Water Resource Management ("CWRM") and DOII requirements. The appropriate potable water units were set aside and reserved for the Kaupulehu and Hualalai since the wells were developed, so the required water needed to develop the(Property is well within the sustainable capacity of the existing well system, and thus use of this potable water will be for a reasonable and beneficial public benefit. All potable1water for Kaupulehu and Hualalai is supplied by the Kaupulehu Water Company, which is a PUC regulated utility company. •The current and future use of potable water for the for these projects are also in compliance with all CWRM requirements to ensure the continued sustainability of the Kiholo aquifer. The remaining development within Lot 4-B at Hualalai Resort will be limited to 2 bulky. lots, namely TMK: (3) 7-2-030:006 and 0099. HILLC anticipates the development of approximately 25 more residential units within these 2 bulk lots, which would bring the total number of residential units in Lot 4-B to 121 units. KD intends to develop an additional 425 residential units within Lot 4-A at Kaupulehu. When fully developed, KD anticipates completing a total of 606 residential units within Lot 4-A. As of the date of this report, when taken together, the Parties anticipate a combined development of approximately 707 residential units at Lot 4-A and Lot 4-B (the "Project"), which is well below the 1,030 total residential units currently allowed under PDO 99-42. Since the approval of PDO 99-42 in 1999, KD and HILLC have developeda substantial portion of the land area and allowable residential units allowed by PDO 99-42 . While HILLC f , Hualalai Resort Parcel 19 Subdivision(SUB-14-001449). The Planning Department issued Tentative Subdivision Approval for SUB-14-001449 on May 1, 2015. This phase of development consists of 12 single-family residential lots. On May 13,2016,the Planning Department approved a time extension until May 1,2020 to allow additional time to obtain Final Subdivision Approval. 4821-7934-8826.6.060391-00002 • • • June 1, 2018 Page 10 anticipates completing the remaining 25 residential units within Lot 4-B within 2 to 3 years, KD • anticipates that under current market demand, they will,take another 20 years to develop the balance of Lot 4-A. V. CONDITION B OF PDO 99-42 (THE 20-YEAR DEVELOPMENT PERIOD). After consultation with the Planning Department on this issue, the Parties desire guidance from the Leeward Planning Commission and the County Council that the Parties need not seek a formal time extension to the 20-year development period for the Kaupulehu Project District, which time period will occur on April 10, 2019. Condition B of PDO 99-42 provides that: "This project area shall be called the Kaupulehu Project District. The development periodfar the Kaupulehu Project District will be 20 years from the effective date of approval of the Project District Ordinance." • The genesis of the subject condition specifically arises from a single representation made by KD's processor-in-interest, Kaupulehu Development within the Project District Application dated June 22, 1998 ("PD Application"). Section 2.6 of the PD Application states: "The Kaupulehu Resort expansion project will be a master planned and implemented by a developer team, including the Applicant. Substantial infrastructure improvements erre expected to be provided during the initicrl,fve years once the required governmental approvals have been secured. Initial sales are also expected during this period. Full buildouts of the project is expected over 20 years...The project construction costs is expected to exceed$100-million in 1994 dollarsi" [Emphasis added] A review of the Planning Cornmission and County Council minutes from the public hearings on PDO 99-42, discloses that the subject 20-year development period found in Condition B of PDO 99-42 was likely based on the representation found in Section 2.6 of the PD Application. There is no other evidence or rationale for imposition of the 20-year development period upon the Kaupulehu Project District. The inclusion of the 20-year development period was likely only intended to allow the Planning Department, the Leeward Planning Commission (fka Planning Commission) and County Council, an opportunity to review the overall progress of the development of the - Property after 20 years, as Condition BB of PDO 99-42'I specifically states: "Twenty (20)years from the effective date of the'iKaupulehu Project District Ordinance, the applicant shall submit an overall status report of the project, including the percentage of completed development. The Planning Director shall also provide an assessment of the development of the Project District and its compliance with conditions of approval for transmittal to the Planning Commission for their review and recommendation and then forwarded to the County Council for their review and action." It is clear that if the Planning Department, the Planning Commission and County Council, genuinely intended that the Parties apply for a formal time extension of the 20-year development 4821-7934-8826.6.060391-00002 • June 1, 2018 Page 11 period, Condition BB of PDO 99-42, would not have been included as a condition of approval. Rather, PDO 99-42 would have specifically required the processing of a formal time extension request before the Planning Commission and County Council, instead of requiring the submittal of an overall progress report for review and consideration. PDO 99-42 also lacks the standard condition of approval afforded to all new Change of Zone Ordinances to provide an applicant one opportunity to apply for an initial administrative time extension by the Planning Director, in the event that non-performance with the stated conditions of approval was the result of conditions that could have not been foreseen, or were beyond the control of the applicant, and was not the result of the applicant's fault or negligence. We surmise that this standard administrative time extension condition was not included in PDO 99-42 inadvertently, as other Project District Ordinances adopted during the same period as PDO 99-42, included such an administrative time extension condition of approval (e.g. Ord. 00-06 and Ord. 00-07 for the Maniniowali and Hualalai projects, both adopted January 27, 2000). On behalf of the Parties, we trust that the foregoing and the attached charts satisfy the comprehensive reporting requirements of PDO 99-42, Condition BB. Assuming that this comprehensive report meets with the approval of the Planning Department, Leeward Planning Commission and the County Council, and no further action is required by the Parties, we offer our appreciation to these bodies as KD and HILLC will continue to further develop Lot 4-A and Lot 4-B, respectively, under PDO 99-42 in a timely fashion. In the alternative, if the Planning Department, Leeward Planning Commission and the County Council determine that a formal time extension to PDO'99-42, Condition B is required, we respectfully request your favorable consideration of the following formal time extension request. VI. TIME EXTENSION REQUEST JUSTIFICATION, IF REQUIRED BY THE LEEWARD PLANNING COMMISSION OR THE COUNTY COUNCIL. As we discussed with the Planning Department on prior occasions, the Parties have has always been fully committed to the development of Lots 4-A and Lots 4-B, in compliance with PDO 99-42. If the Leeward•Plaruning Commission and/or the County Council ultimately determine that the Parties should process a formal time extension to extend the 20-year development period under PDO 99-42, to continue the remaining development within the Property, the following will summarize our formal time extension request. As discussed in Section IV above, to date, KD and HILLC have together developed approximately 582.030 acres of land and 170 residential units within the Lot 4-A and Lot 4-B development areas. Approximately 384.094 acres within Lot 4-A and 217.394 acres within Lot 4-B have been developed, respectively, which represents roughly 54% of the land covered by PD0'99-42. More importantly, KD has completed a majority of the community benefit and public access elements under PDO 99-42. As further evidence of the Parties' commitment to their development of the Property, the Parties have invested millions of dollars in infrastructure improvements, consultant fees, and labor costs toward the goal of fully developing the lands in compliance with PDO-99-42. The Parties have diligently proceeded with development of their respective portions of the Property based on market demand and there is no compelling reason 4821-7934-8826.6.060391=00002 • June 1, 2018 Page 12 for requiring the processing of a formal time extension to the 20-year development period. The reliance on, and substantial performance by the Parties as to the various conditions of PDO 99- 42, should weigh in favor of not requiring a formal request for an extension of the 20-year development period of Condition B. Nevertheless, if a formal time extension is required, the approval by Leeward Planning Commission and County Council of the requested amendment to PDO 99-42, Condition B, for another twenty (20) years will allow the Parties to complete the remaining development , activities, while also making it possible to open the Interpretive Center to the public in a timely fashion. If applicable, the following discussion will form the basis for the Parties' time extension request. As discussed in Section IV above, the Parties' non-compliance with PDO 99-42, Condition B was the result of conditions that could not have been foreseen by the Parties and were beyond their control. The Parties non-compliance was not the result of their fault or negligence. As you know, large-scale projects spanning hundreds of acres and involving the development of a significant number of residential units and other related elements are typically guided by an overall Master Plan, and the development of these types of projects occur over many years and multiple phases. The full build out of Lot 4-A requires careful and thoughtful planning, as KD evaluates the cost of providing infrastructure, the physical constraints of the land, impacts to the environment, and the ultimately, the market conditions for new residential product. Each of these factors are considered when a phasing plan is developed for the project and the phasing plan is then executed in an orderly fashion. The timing of development of each phase of the development also dictated by the length of the initial design work, the governmental approval processes, the duration of the construction activity, and the length of time it takes to market and sell the resulting residential product. For example, the design work on a particular phase typically takes about 1 to 2 years complete before a developer can submit a Subdivision Application and construction plans, and the governmental review process can take a year or more to complete. Assuming real estate market conditions are favorable, infrastructure construction and residential construction typically takes another 2 to 3 years to complete, and sales of any completed residential product will typically take another couple of years. • After the recession of 2008, many purchasers want to see the completed product before making a buying decision to purchase a lot, unit or dwelling. Therefore, it is typical that each phase would take a minimum of 6 to 8 years to complete. Although some of the steps within a phase of development are under the control of the developer, such diverse conditions as the global economy, the local supply of labor, and ultimately real estate market conditions, directly impact the duration of a phase until completion. The developments of Lot 4-A and Lot 4-B were always proposed to be developed in multiple phases. The projects have executed on its initial phases, prepared the land for additional phases, and has seen consistent growth and investment including the development of the required 4821-7934-8826.6.060391-00002 • June 1, 2018 Page 13 infrastructure; roads, water supply, sewage treatment, power supply, and grading and excavation; all of which will meet the future needs of the community. The effective date of PDO 99-42 is April 10, 1999. Based on the reasons listed above, the Parties respectfully request that the Leeward Planning Commission and the County Council approve the requested amendment to Condition B of PDO 99-42, as follows (additions are underlined; deletions are bracketed): • "This project area shall be called the Kaupulehu Project District. The development period for the Kaupulehu Project District will be 20 years from the effective date of approval of[the] this amended Project District Ordinance." The approval of the requested amendment would not be contrary to the General Plan, Zoning Code, or the Kona Community Development Plan ("KCDP"). The subject amendment request is consistent with the Land Use and Economic Elements of the General Plan. The Project increases the County's real property tax base, as well as provides numerous cumulative positive financial impacts, including but not limited to construction jobs and related job creation associated with the construction of the Project through the eventual full build-out, in addition to jobs created during the subsequent operational phases associated with the remaining development. The remaining development will also continue to support the surrounding land use patterns and will further the necessity, convenience, and welfare of the general public, through the creation of new real estate inventory and through the completion of the remaining public access elements, which are pending the completion of the required archaeological clearances. The remaining development will be supported by the necessary public facilities, infrastructure, and services and the development would continue to proceed in a manner that complies with the • General Plan and Zoning Code. The Planning Commission and the County Council have • previously determined that the proposed development within the Kaupulehu Project District was in compliance with the General Plan and Zoning Code when granting PDO 99-42. The proposed development is consistent with the goals of the KCDP in this regard. The KCDP focuses primarily on encouraging future urban and rural growth to occur within compact village-style developments to avoid sprawling developments and disconnected subdivisions and business centers. The remainder of the proposed development within Lot 4-A and Lot.4-B are guided by Master Plans that coordinate infrastructure development, and provide for various types of residential product, recreational amenities and commercial uses. The approval of the requested amendment would not be contrary to the original reasons for granting of PDO 99-42. The proposed uses would continue to be a reasonable use of lands within the Project District. The plans for the•fiiture development of the Property have not • significantly changed since the Planning Commission and County Council originally approved PDO 99-42, so the requested amendment would not be contrary to the original reasons for granting the requested amendment to PDO 99-42. Finally, we have included with the following to complete our submittal: 1. 1 original and 20 copies of this request; • • 4821-7934-8826.6.060391-00002 June 1, 2018 Page 14 2. Updated list of surrounding property owners within 300 feet from the boundary of the land area covered by PDO 99-42, in addition those property owners within the boundary of the land area covered by PDO 99-42, at the request of the Planning Department. If you have any questions regarding this request or if you require additional information, please feel free to contact me ormy paralegal Jason Knable at 935-6644 at any time. Thank you. Sincerely, err'Steven S.C. 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''''. ..ittfic?..,.:7- • ' ,. . . .. at Interpretive Center - '4i.:1... . . .':1_,;-:,_._s_ - - ' . 1 .'•.' . . ij k yy ..`I 3u �, o n � � F f S�4e �f -,.,,..,,:'-„r.,.;;;;.,::.„,,. .if �t .. v • gr 'ri f VI... `; _yam.`. %C�•, • `.' f' } mom, + , ~ '''r J(j . • b n 411111, • • 6.'16 ,......< ^ �+SA'*�Yeµe'�.L .., ,. , � t6 � 1Rl _ ..d ...'PIP!' , ,. ,._. . . ..,--. ,,, -. , , _... • • r View of Artifact Case r , , within Interpretive Center • $ a ¢ .». M ' fir, {, k` yr; 1 t I 1 4 l M 1 ' 1 M ,t i "pyx { r.1 t t ,I �,`"'j t' c.'., fxk. 4 a S ) t� 1 . .. r ti w s� 4. .. '"''....^'.°,. ".'?'i';f Nx �,. w ;i°1,-...,-.74--..,..„M.• 'r='.1,...n �pNf1, ..;;11,1,°' r� ,e"t" ,„� 4 , i .'. : ;, 3 �a_ ,.; ;, '. x r ? tri zafi �fTY-..es''''' �+a f` to s*,� fktytn S i t ` ��r 1,4,,,V,.% fi . ow i ...,.. V...A� kf.A)i SG} y�--''.,1,,"'.'-i`,-4^C '. Y^RA rGyY."y� 3i �3`J^ ..M+luO�� ir �,-: - ..,1 wN> �^S'$ s-f.ar.5u`.t,�, J.k1}; `,''.f z"�� }i '14 . . ' � � �, 1 ,IL, , t, " " , 1 Jr �tjT +x`" / yl 1 1 rc , - ,t ;I/ i \� Po / i I -; ,,, . \,,,,,,, \ 'o4 - \:;Sli! '' ' ' si ' r '1'e'"s 111'',L ! i , 1 =r < fig .1 r �1 1 s �,t •j is Ise , A t i. l View of Floor Mural within Interpretive Center Ka'OpOlehu is one of 23 traditional ahupua'a land divisions in the Kekaha region of Kona 'akau [North Kona]. Dryland forests, grass plains, coastal landscapes and communities comprise Kekaha, also known as Kaha— shortened versions of the region's name, Kekaha-wai-'ole-o-na-Kona—the waterless plains of north Kona. A saying, passed through generations, poetically describes a dynamic relationship to these lands: p,KU LA KA Al I\$/N, i „C) PVA KA LEHUA 1 KE g1y,A, v W "The natives of the Kaha lands have lite, rrl€` . when the Iehua blossoms are upon the seal" - —John Whalley Hermosa lssac Kihe from Ka Hokb o Hawaii,February 21, 1928 'Oki() no`eau (proverb or poetic saying) -- -4 , he 'olelo no'eau above, tells of the seasonal and mo'oleio (story) provide insight to the ,' ,<living practices of the natives of the Kekaha perspective ?', region. During winter months they would Hawaiian ers ective of the elements and " " landscape to which they belong. Names o€ ,,,: `'4!u; .'�' move from their coastal homes to reside in the winds, rain, hills, lava fields, seas and th–: �.-: ;� . = lower forest of the uplands, tending crops heavens are entwined within genealogies ' ' 11,4 . such as sweet potatoes, in the shelter of the and the telling of events that unveils vast _ -*-..•., , 'ohi'a Iehua trees. When fishing season and intricate 'ohana, or family systems that :te t arrived with warm weather, they would travel connects all things. Mo'olelo wahi pans , ' . ‘. to the shore, where the fishing canoe fleets (storied places) offer intimate knowledge of could be seen floating upon the sea like Iehua geography and spirit of place. Ha'i mo'olelo . . blossoms. When you look to Hualalai (storytelling tradition) seeks to touch the mountain, notice where the forest begins- heart and provide deeper connections to still home to 'ohi'a Iehua and many other beloved Hawai'i nei. native trees. -,:?. .;...4..;'',,C-",t:-,' `,+�KALAENAiC) <A" �I _ . dI � C !v, :07,---z—/-,--4, ,---.., , 11 3' 'i 1• i Ft -'�r}, Y Ka'Upulehu, I"emembered in tr` iitf.lrla; _t.)r i ,t, ,Erw ,y ,y 4 le is the name of this ahupua - a.i ancient laud dt , . r a• : %,:).,„,,,,i„.. .1,,.. � r today. It sweeps down from the si!rrr , rt of t-iElal: i 1, ; .t_ < i _ ' , �s, �, , �� and transitions into the grass plains, on t,) the I.Jua fie ', ilty . continues through the historic and beloved section I knr; , ,44 t =3.-,---1. ---r1.--„ , 8 , , _ - -, to include the pahoehoe flats, with ancient petro glyphs .,,1 ,. " ;,,�, ,illti :_-,-/.."-t,.' ,, ° zt - �` the way through the rugged edge of the shoreline anti int-) fil t c l ..\-,) '' :IT, ',-'7:1(7,,47:W , naming stories, or mo`olelo wahi paha, of these lanai ; , .;i-=: :',1,-.';'',..,'-'-:•3,- i'4';',',_.-- and Ka 'Ulu Pulehu 0 Pahinahina A Me Koiornu o (f 1), 1,„1-ti ; rid ' Oven of Kane, and The Roasted Breadfruit of Pahinahi . ,! i. �) u'c )y t Y _ +slams'`' Mia. .. J _ .. ".`.�,A l _ I ._r.•..lokt M. -0 a ‘--..;;; -= s -t '‘ �Vi It ,-Y_..,1" - i ; Ai:j rte- 1:1 ' ..:[! � 7.- + (� wai1. - . i • 4 qrl 't - _ y - '' _ - vie of Hualatat from KalaernanO coast. Informational Brochure for POh 9hile vines drape the.p hoehoe. Photo G i'(C 200a, Interpretive Center E MALAMA I NA KUMU WAIWA1 0 KALAEMANO HONORING THE RESOURCES OF KALAEhAANO Kalaemano, literally, "the shark point", is the coastal section of an ancient ahupua'a that extends from the mountain regions to the shore, and out into the seas. Ka'ulupulehu, a traditional name of this ahupua'a, was shortened to Ka'apUlehu, Traditional accounts, historic literature and oral histories tell that the lands of Ka'aapulehu were favored by the aii'i[chiefs] of Kekaha-wai-`ole-o-na-Kona or the waterless plains of Kona. These lands are still held precious and sacred by many descendants and stewards. They ask all who interact with Ka'upalehu, to kokua (help) with the perpetuation of its significance and resources. , Two stories of legendary places or .` t mo'oieio wahipana within this ahupua'a, offer different origins of the name, Ka'upulehu. 0 ', 4 . ' One is centered at the shoreline, the other in the uplands. . 4 iIt ' These variations, are embraced and respected 1 f lir r' in the traditional belief that Y { ' 1 not all knowledge comes from �' g � one school or one family. - 4 4 A The mo'olelo of Pahinahina and Kolomu'o, tells of 0.° roasted 'ulu or breadfruit, in the uplands of Manuahi at the village of Keone'eli—the place known today as , - , �` Puhiapele. Pele sent a lava large flow through the S »:� ::` village, but spared the home of young Pahinahina _ '`° f•- who generously gave her pulehu 'ulu ana [broiling 3�`'= breadfruit]. However, lava covered the land of the =ter stingy Kolomu`o who refused to share. It is told, "because of this event...lands of Manuahi came to be called Ka-'ulu-pulehu (The Broiled Breadfruit) and this has been shortened to Ka'upulehu." MMaly:19981 The mo'olelo of Ka Imu a Kane—The Underground �� ` Oven of Kane—tells of a time of drought, that brought :44 ', great hunger. Kane had a large hot imu, (underground A~'` u°- S 0 ' b 4-' oven) prepared by the people near the shore who filled s .1r r� e.,,, . .. ,4,.„ . . `' ,. ref,. ,,,, , ,.. f' f ,,it with plants that drew their sustaining moisture from :=t - �: 6 -4 f5 ;.,''', the brackish salt waters and sea spray— akulikuli, 'p` pohuehue, and makaloa. He then had them cover him ,Y i ,1`r1: , - 7.:::171-1-1' ,\--; and the coastal plants in the imu. Later, from the shore - ;+ '' `' ' k, -::.,14-7'_ ` ti' ' "` `-- r line came a spring of fresh water known as Ka-wai a /_' likt:,,,,� ? ., oKane, where Kane a ain a eared; and from the imu _•-t. '� �- � =' =""` an array of nourishing food. It is told, "because of this Kauna'oa draped upon Po-hue/its-0 iines. event...in which the god Kane was baked in an imu, Native beach succulent, 'Akul,kutiii=flower. the district came to be called Kau-pulehu-imu-akua . (God placed in an oven and cooked), which was later K shortened to Ka'upulehu. (J.w.H.l. Kihe in Ka HOku o Hawai'i, pril 2, 1914) [Maley: 1998] �.. glffkt iii is- ,impse at the multitude of storied places rich with ",i r i-,---977; ± d names"that are still connected to the landscape. ---4,:x-' he tradition of hail rno'olelo continues, and you may be v A ortunate to have someone share this art form of the y._ . 1 - ;ors,so that connections are not forgotten. ° KA HANA LAWAFA A KEKAHA—FISHING TRADITIONS OF KEKAHA The ocean waters of the Kekaha lands, include in part, Pu'u Wa'awa'a, KalaemanO, and Ka'upulehu—home to many 'apelu ko'a—dedicated sites, where for generations, •. schools of 'Opelu fish were fed and trained to frequent the area. Kupuna or elders of Kekaha tell of this disciplined practice, tending and maintaining the ko`a. They say that .r` the use rights of these fishing grounds were handed clown to individuals trained so their practices would maintain abundant populations of 'Opelu while not attracting the larger }"' pelagic fish. The art of preparing bait specific to the location and desired fish, was one „nif aspect of their knowledge. Kupuna from this area have recorded the traditional ko'a, their L" locations set by triangulation points on land. Kekaha fishermen held a wealth of knowledge beyond the ocean, it was vital to know the elements, such as the wind and rain names of this famed landscape. They knew the Historic Kalaemano gentle sea breeze as Eka. And they had solemn respect for the strong raging wind of fish hook made of Ho'olua that would prevent them from going on fishing expeditions in their canoes. bone. Actual size is Knowledge also extended beyond one kind of fish and beyond the ko'a. less than 3/4 inch, Kona Village Resort sits upon this house site today. Members of the Keakealani, Punihaole, Maka'ai, Springer, and other families have shared their remembrances of Ka'upulehu in oral histories. They tell of playing, working, fishing, and the waters of the sacred springs—Ka Wai A Kane—in the bay seen in this historic photograph. A fishing canoe rests upon the beach in the lee of Hualalai. 1 1 y . . Photo Creciits: T above:small fish hcok.photo,courtesy of Yyonne,Yarber Carter +, center: Hannall t`la4aa€Springer Collection,courtesy of the Kona Historical Jociety bottom'i inane hook photo courtesy of Keokt Apokoiani Carter E'f 1 Hawaiian historian John Papa I'i described the Aloha. The rich history and sacred features of Kalaemano are fishing fleetsof this area when he passed the deeply loved. Mahalo for sharing with us. Proceed to the shores of Kekaha in a procession with shoreline with caution and for your safety, do not linger on the Kamehamehae shipI, bouarrivded outside for Kailua Kona: shoreline cliffs and ledges. There are sudden surges, powerful The ship arrived outside of Kaelehuluhulu, where the fleet for aku fishing had been since the waves and dangerous blowholes. This is not a benign or gentle early morning hours. The sustenance of those lands place. Its uncommon beauty is very much a part of Hawaii. was fish. When the sun was rather high, the boy I1'i1 exclaimed, "How beautiful that flowing water is!" These waters were well Those who recognized it, however said, "That is i :, Knowledge extended utilized by the aii'i, and not water, but pahoehae. When the sun strikes . beyond one against it, it glistens, and you mistake it for kind offish remains one of the best water..." 4 and beyond the kola. , diving and fishing areas for Soon the fishing canoes from Kawaihae, the Kahathose familiar to the waters. This artifact from Kalaemano has lands,and Ooma drew close to the ship to trade for ;- A resource management a'l'ai(hard poi)carried on board, and shortlya been identified as a shark hook. p P system for this area ensures greatquantityofaku laysilver hued on the deck. and kau mann laws y kihoto are names its perpetuation. Please do The fishes were cut into pieces and mashed;and all for different kinds not take valuable resources those aboard fell to and ate, the women by them- shark or mann without knowledge of the selves. The gentle Eka sea breeze of the land was hooks. protocols, and rules of blowing when the ship sailed past the lands of the Mahai'ulas,Awalua, Haleohiu, Kalaoas, Hoona, on management. to Oomas, Kohanaiki, Kaloko, Honokohaus, and It is important that people Kealakehe... only take what they need. (1'i 1959:109-110} .97(aZalo F(A FIANA PA'AKAM MA KALAEMANO — SALT MAKING AT KALAEMANO I Native Hawaiian historian David Malo wrote in the 1840s -.*Z� ' ' about how pa'akai (salt) was made and its importance: t, i - s'� - .s Salt was one of the necessaries and was a condiment `" l "°� r used with fish and meat, also as a relish with fresh r' -• Y food.Salt was manufactured only in certain places. The ti � t - r s . � a ._ women brought sea water in calabashes or - -� '' ri: conducted it in ditches to natural holes, hallow and q � `'' i n '.- shallow ponds(kaheka)on the sea coast, where it soon ; `,_.'e 1 ., became strong brine from evaporation. Thence it was It- `' -1117'..."'„,,Z75-4:". '-'' transferred to another hallow, or shallow vat, where Le't:Leinaala Keakealani Lightner shares history of polio pa'akai prior to restoration crystallization into salt was completed. (Malo, D.(1951). Right:"white as snow"salt from Kalaemano. Hawaiian antiquities.'Honolulu;The Bishop Museum) Historically Kalaemano is a significant place of salt workings. Spiritual importance and a lack of refrigeration, During the height of the salt works in the late 1800s and prior to electricity, made salt vital to living and food early 1900s, pa'akai was graded by its appearance. Native preservation. Oral histories say that most salt harvesting was residents say salt "white as snow" was earmarked for table from December to April. That is when people of the Kekaha consumption. Slightly discolored pa'akai was used for region came from neighboring ahupua'a to gather a bounty preserving 'Opelu, other fish and meats. One kupuna of salt made from sea water. Kupuna and younger people of (elder), native to North Kona lands, fondly recalled the salt the region recall their families would travel here to make salt of Kalaemano they made for table use, saying it was, "pure and stay for several weeks, but there were no permanent and snow white." residents at Kalaemano. Today, native Hawaiians perpetuate practices that express their love and appreciation of this land .Tease Self) maintain the integrity of these fragile sites by and its resources. The gathering of pa'akai(salt) as taught by not entering and stepping upon them. The kupuna (elders)love and respect these areas and so do many others.You are invited kaperrra remains deeply satisfying. to respect them,too.We will carefully work to restore the salt Until recently, the salt beds along the shoreline beds so that Kalaemano might reflect those fond days of the pahoehoe of Kalaemano, were well used and maintained. There are two types: natural basins or kaheka;and the man "salt works" in the Kekaha lands of North Kona. made salt-pans, poho pa'akai. Both were kept clean and n/PiP rubbings or imprints of petroglyphs are allowed. clear for use. This requires constant maintenance, resetting Please respect the request of area natives to not desecrate stones, and keeping sand from building up—particularly these revered lands so that future generations may visit and during high surf and storm season. We hope to slowly offer homage.Thank you for your thoughtful stewardship. restore the area to those days of tending the kaheka. NA <fl POHAKU MA KALAEMANO —THE PETROGLYPHS AT 1<ALAEMANO E ,a- _ ., ,,1:-,.;7-_ '. s '" Extra care and attention is needed when you walk around the ' smooth pahoehoe lava fields at the shoreline to prevent 44' ,"•-„,i - ;,0 unnecessary damage. Should you come upon ki'i pohaku - li _Y made by an ancestor who has long passed on, please respect the ¢, '`-, . , t, etchings and look from a distance.Avoid stepping upon them to ensure they remain a part of the cultural landscape as intended t by the people who engraved them. `' ,alt ; i �.' 1,``." - "unusual", " I. , , = 3 The petroglyph sites at Kalaemano are unique, unusual , and likely ..� r - �ir -, ,-' ,.s•.i;n ,k ritual in nature, according to rock art researchers whose studies of Hawai'i petroglyphs span decades. They also consider many of the ki'i Hawaiian natives know the rock pictograph recordings of their ancestors as ki'i pohaku. Western rock art pohaku as"outstanding artistry."Close to 200"crab claw sail" ki'i pohaku have been found on the island of Hawaii—of that total,over 150 researchers refer to the rock engravings as petroglyphs. The Kalaemano pahoehoe lava field that ki`i pohaku are found at Kalaemano and the extensive neighboring Kona Village Resort petroglyph field.Also found at Kalaemano, are anthropoid or were carved upon, has been identified as 2,140 years human-like petroglyphs and a large concentration of poho, which are old. This ancient rock or pohaku has been severely weathered and worn. Many of the ki'i pohaku made either natural or man-made cup-like hollows.There are over 200 through the years, are so faint,they are not easily seen, ` inventoried ki'i pohaku at Kalaemano and it is speculated that many especially in bright sunlight. more exist,offering much more to learn. Please walk carefully about this wahi pana(legendary place). Due to the close proximity of the petroglyphs to the shoreline storms and surf have tossed basalt boulders Maharo For Your Support:Change Happens Foundation,Hawaii Forest Institute,Ka'upulehu mauka it , Concept&Writing.Ku'ulei Keakealani = and large deposits of sand through the years causing Jr: Editing,Design&Artwork:Yvonne Yarber Carter,TryLooklnside Graphics 41 Photography by(unless credited otherwise):Yvonne Yarber Carter&Keoki Apokolani Carter tremendous erosion. Debris from kiawe trees and other Review:�naala Keakealani Lightner,Hannah Kihalani Springer,Keoki Apokolani Carter =: plants have also impacted the petroglyph field. ' Resource:Mahal),Kepa Maly for the invaluable"Ka'upulehu Ma Ka Aina Kaha"1998 t. ?.j .1!i: kt ! ./A. # Lot 4-B 44 � • ,Y; j (See area to the left of red solid line) "-� I .i.►f . -x—. ...-f.'_ Fri., --1 tX _ mow^€:^ :T;�.',�' - , --jy:r C",..1 A-Y� \\ JJ 1 mr ..._.- " • t ,d4 1. NI art-" -,_3,1 -; r c . till 1 1+, + iik�� 1.... ,Y - [1 f i I r • ''iJ' ,, tii il li 1 i' Hs -.:',._,.1,1• , .,:.:. ,. 1 , , I . ...„. .,:ii„,„..,,,, „,.4...y..2.,e- . -44- - - r . ,tA , r= '. 1 � ar i P �i , ?s - I ,�ifigit� .� it � � , �a / r 'F ,; t. 4( t "R �aPb s4^d s V lit ,,,-f-,:-.•:', .. as'", Att '91 l 00........,) r _ n i r� sq. s i p 'i r Jli = xis1i., ..._ ,.. 11..,..e.ii.1 61 ' - • / - 4� �I � il. 1 s lir 'sys Ss • •+ �Y �'tiL. _ 1 j tit - p, 1�i i r a ms t'. ! SS , _,^ i•... �• -�'- l 4-s t....=.1. t '<i▪ •� i SFr r,.. 'II 1 1 -- a}'xk r ,y i. I t y 4'`t.:, r C . A- " 'NA. Fti.F" - - }+'' - 1' ,2 . �4 { '-,t,gyp i-i ' ��I\N `^tis- r "s2 S 7 f .�' � F fr{� r�. VI y @it1 - I p 4 i.9 1 4 rye ti `, 37'."'' t 4 r -•w p t' ,.i ':#xl §,•: . ai• ' 4ac _ z. * zs.,. '•yisy,p y.t - i Ji 9 y�41"'■ i'r f i' Aa t' ' °i ins,. "a13,S. 1 '4# !4,1:Fil'i '- .'__rst , :,i,• .t 'it' ?its:-;;:;'::"`' r 1 ' 1 , f f Vi s_ --,.=-„ M, I.s.._. , , s s� t {- . om_t '"'ems i'''. . ^ a < tj • f fypar i.'uvi5—y�. R .3 lit 9 `--A=4 �` ' ' E • . y am °k IiKtti le.$11,, i—r'' '"''N,...,-,..,1sy .+ EXHIBIT C 2018 Condition Compliance Matrix for Lot 4-B - Project District Ordinance No. 99-42 Successor Applicant: Hualalai Investors, LLC ("HILLC") Effective Date:April 10, 1999 No. Condition Status Comments A The applicant, successors,or assignees shall be responsible for On-going HILLC acknowledges this condition. complying with all of the state Conditions of Approval. B This project area shall be called the Kaupulehu Project District. N/A The effective date of Project District Ordinance No. 99-42 ("PDO 99-42")is The development period for the Kaupulehu Project District will 04/10/99. be 20 years from the effective date of approval of the Project District Ordinance. C The Kaupulehu Project District shall consist of not more than On-going HILLC acknowledges this condition. 1,078.634 acres with 869.698 acres for Residential,golf course and ancillary related development; 197.936 acres for the"Urban" Coastal Planning Area and 11 acres for Commercial Development. Any amendment to these acreages shall require an amendment to the Kaupulehu Project District Ordinance. D The maximum number of units to be allowed within the On-going HILLC acknowledges this condition. Kaupulehu Project District shall be 1,030 units. Any increase in the number of units shall require an amendment to the Kaupulehu Project District Ordinance. E There shall be no.residential,commercial or similar type Satisfied HILLC has satisfied this condition based on the recordation of the Declarations developments in the Coastal Planning Area other than those for the Coastal Planning Area,consistent with the provisions of the approved specified in the Integrated Resources Management Plan. The Integrated Resources Management Plan. Coastal Planning Area shall be described by metes and bounds, and the restrictions shall be specified in the covenant(s)to be REFERENCE: recorded with the Bureau of Conveyances shall be submitted to 1) Declaration of Coastal Planning Area-Doc.No.:2004-228042(11/20/04) the Planning Director for review and approval prior to the 2) Declaration of.Covenants,Conditions and Restrictions regarding Restricted issuance of Final Subdivision Approval or Final Plan Approval Parcels-Doc.No.: 2005-262407,2005-262408 and 2005-262409(12/23/05) or land alteration activities,whichever occurs first. A copy of the approved covenant(s)shall be recited in an instrument executed by the applicant and the County and recorded with the Bureau of Conveyances prior to the issuance of Final Subdivision Approval or Final Plan Approval or land alternation activities, whichever occurs first. F The applicant shall disclose to all potential buyers of lots or units On-going HILLC shall continue to comply with this condition until full build-out of the within the proposed project that internal infrastructure and Lot 4-B development area. community facilities shall be developed and maintained privately and that the County is not obligated to construct any public HILLC identifies this disclosure within all project CC&R's,which are provided facilities within the project area. to any new lot or unit purchaser. 4838-6816-9567.4.060075-00002 2018 Condition Compliance Matrix for Lot 4-B - Project District Ordinance No. 99-42 Successor Applicant: Hualalai Investors, LLC ("HILLC") Effective Date:Apri110, 1999 G The following permitted uses as defined in Chapter 25 (Zoning On-going HILLC acknowledges this condition. Code)Ordinance No. 96-160 are to be allowed in the Kaupulehu Project District within the 869.698 acres for Residential,golf REFERENCE: course,and ancillary related development and the 11 acres of I) Project District Site Plan approval covering development parcels IOB, 11, 12, Commercial development: 13, 15, 16A, 16B, 17, 18,20,21 and 23 (07/16/02) 1. Amusement and recreation facilities, indoor 2) Project District Site Plan approval covering development parcel 14 (01/23/15) 2. Art galleries, museums. 2) Project District Site Plan approval covering development parcel 19 3. Automobile service stations (03/30/16) 4. Bars 5. Business services 6. Churches,temples,and synagogues 7. Day care centers 8. Convenience stores 9. Community buildings 10. Display for products sold elsewhere 11. Dwellings,single-family 12. Dwellings, double-family or duplex 13. Dwellings, multiple-family 14. Farmers Market 15. Financial Institutions 16. Golf courses and related golf course uses, including golf driving ranges, golf maintenance buildings and golf club houses 17. Home occupations as permitted within Section 25-4-13 of the Zoning Code 18. Major outdoor amusement and recreation facilities 19. Medical clinics 20. Meeting facilities 21. Model homes 22. Neighborhood parks,playgrounds,tennis courts, swimming pools,and similar neighborhood recreational areas and uses 23. Offices 24. Personal Services 25. Photography studios 26. Public and private utility uses and structures 27. Restaurants 28. Retail establishments 29. Schools 30. Telecommunications antennas and towers as permitted 4838-6816-9567.4.060075-00002 • 2018 Condition Compliance Matrix for Lot 4-B - Project District Ordinance No. 99-42 Successor Applicant: Hualalai Investors, LLC ("HILLC") Effective Date:April 10, 1999 under Section 25-4-12 of the Zoning Code 31. Temporary real estate offices as permitted by Section 25-4-8 of the Zoning Code 32. Theaters 33. Time share units 34. Utility substations,wastewater treatment plants, landscaping and vehicle maintenance service yards 35. Visitor Information Center 36. Any uses similar in nature to the above permitted uses shall be permitted upon submittal of a request by the applicant and approved by the Planning Director. 37. Building and uses normally considered directly accessory to the uses permitted in this section shall also be permitted. H The following design standards shall apply: Satisfied HILLC has satisfied this condition for the Lot 4-B development. 1. Landscaping for the development shall comply with the Planning Dept's Rule No. 17,Landscaping All applicable design standards are incorporated into HILLC's residential design Requirements. guidelines,which are referenced within the CC&R's applicable to the Lot 4-B 2. The minimum building site are shall be 7,500 square development,and are provided to all new lot owners feet which may include flag lots. 3. The maximum allowable height limit for Single Family REFERENCE: Residential units shall be thirty-five feet. 1)Master Declaration of Protective Covenants,Conditions&Restrictions and 4. The maximum allowable height limit for Multiple Reservation of Easements for Hualalai at Historic Kaupulehu-Doc.No.: 96- Family Residential and Commercial developments shall 109954(07/31/96) be 45 feet. 5. The minimum average lot widths shall be determined by the applicant in conjunction with its development plans. 6. The minimum yards in the Kaupulehu Project District shall be as follows: (a)Residential Development: (1) front and rear yards,fifteen feet;and(2)side yards, eight feet; (b)Commercial Development: (1)Front and rear yards,fifteen feet; and(2)side yards,none,except where the adjoining building site is a residential development site,when the side yard adjoins the side yard of a residential development site,there shall be a minimum side yard of eight feet. 7. Exceptions to the regulations for the Project district regarding heights,building site areas, and yards,may be approved by the director within a planned unit development,or cluster plan development. 4838-6816-9567.4.060075-00002 2018 Condition Compliance Matrix for Lot 4-B - Project District Ordinance No. 99-42 Successor Applicant: Hualalai Investors, LLC ("HILLC") Effective Date:April 1 0, 1999 8. The minimum off-street parking and loading space • requirements for the Kaupulehu Project District will comply with the minimum standards as required by the Zoning Code,including compliance with the American Disabilities Act(ADA)requirements. Final Subdivision or Final Plan Approval,whichever is On-going HILLC shall continue to comply with this condition until full build-out of the applicable, shall be secured from the Planning Director for any of Lot 4-B development area. the above uses prior to the issuance of any land alteration permits for any development phase in the Kaupulehu Project District The Planning Department issued Final Subdivision Approval("FSA")for multiple phases within the Lot 4-B development area,before the issuance of land alteration permits, in compliance with this condition. Hualalai Resort Parcel 19 Subdivision application(SUB-14-001449)is pending FSA. The FSA issued to date are further referenced below. REFERENCE: 1) Hualalai Resort Phase 2-C Subdivision No. 1 (SUB-7835-Revised)-FSA (10/19/04) 2) Hualalai Resort Phase 2-C Subdivision No.2(SUB-04-00219)-FSA (09/12/05) 3) Hualalai Resort Phase 2-C Subdivision No. 3 (SUB-05-000222)-FSA (02/21/07) 4) Hualalai Resort Parcel 20 Puka Pa Subdivision(SUB-07-000564)-FSA (01/09/14) 5) Kulanakauhale Parcel 14 Subdivision (SUB-14-001426-Revised)-FSA (05/01/15) Construction of the residential units,commercial development, On-going HILLC shall continue to comply with this condition until full build-out of the golf course and other related improvements shall commence only Lot 4-B development area. after Final Subdivision Approval and Final Plan Approval has been secured. The Planning Department issued FSA for multiple phases within the Lot 4-B development area,before the construction of the residential units,commercial use,and the golf course within Lot 4-B. The FSA issued to date are further referenced below. REFERENCE: 1) Hualalai Resort Phase 2-C Subdivision No. 1 (SUB-7835-Revised)-FSA (10/19/04) 2) Hualalai Resort Phase 2-C Subdivision No.2(SUB-04-00219)-FSA 4838-6816-9567.4.060075-00002 2018 Condition Compliance Matrix for Lot 4-B - Project District Ordinance No. 99-42 Successor Applicant: Hualalai Investors, LLC ("HILLC") Effective Date:April 10, 1999 (09/12/05) 3) Hualalai Resort Phase 2-C Subdivision No. 3 (SUB-05-000222)- FSA (02/21/07) 4) Hualalai Resort Parcel 20 Puka Pa Subdivision(SUB-07-000564)-FSA (01/09/14) 5) Kulanakauhale Parcel 14 Subdivision(SUB-14-001426-Revised)-FSA (05/01/15) 6)Halipua Villas(FPA 04/25/06) 7)Na Hale at Kahikole Phase I -Project District Site Plan approval covering development Parcel 17(07/16/02) 8)Na Hale at Kahilcole Phase II-Project District Site Plan approval covering development Parcel 17(07/16/02) K The applicant shall provide assurance satisfactory to the Satisfied HILLC has satisfied this condition for the Lot 4-B development area,as the Department of Water Supply and the Planning Director,upon necessary DWS approval were secured for the private water system that current consultation with the State Department of Health and Department serves the Lot 4-B development area. of Land and Natural Resources,that water sources of sufficient quality and quantity has been established. Such satisfactory REFERENCE: assurance can be met by the actual drilling and testing of a well 1)Depai intent of Water Supply("DWS")approval letter(8/03/00)-Water site of the water source or by the submittal of a hydrological Resource Management Plan for Hualalai Resort, Increment II,Kaupulehu,North study certifying that a water source of sufficient quality and Kona,Hawaii(prepared by Belt Collins Hawaii;July 2000) quantity can be established at the designated locations. L Upon compliance with Condition K,the actual development of On-going HILLC shall continue to comply with this condition until full build-out of the the water source and its water transmission and distribution Lot 4-B development area. system shall be developed in conjunction with the subdivision approval process. Final inspection to the residential structures The Lot 4-B development area is currently serviced by a private water,owned shall not be issued until the approved water source is developed and operated by the Kaupulehu Water Co.,which is a PUC regulated utility. and its transmission and distribution system for such source to There is sufficient capacity within the existing water system to support the the subject property has been constructed. Residential building remaining development within the Lot 4-B development area. permits may be issued for model home complexes,provided that such model homes will not be occupied until the approved water The Lot 4-B private water system will not be dedicated to the County of Hawaii. source is developed. M The interior roadway requirements for the Kaupulehu Project On-going HILLC shall continue to comply with this condition until full build-out of the District shall be designed to resort standards as allowed by the Lot 4-B development area. Subdivision Code and as represented in Section 3.3.1 of the applicant's Project District application. HILLC has complied with the subject condition when developing the various subdivisions approved by the Planning Department to date. N Access(es)to the project site shall meet with the approval of the On-going HILLC shall continue to comply with this condition until full build-out of the Department of Transportation-Highways Division and Public Lot 4-B development area. Works as follows: 4838-6816-9567.4.060075-00002 2018 Condition Compliance Matrix for Lot 4-B - Project District Ordinance No. 99-42 Successor Applicant: Hualalai Investors, LLC ("HILLC") Effective Date:April 10, 1999 1. If warranted,a fully channelized intersection The Department of Transportation approved the design of the fully channelized improvements, including but not limited to traffic lights intersection at Queen Ka'ahumanu Highway on March 30, 1994 and the subject and/or overpass or underpass,shall be provided meeting intersection was completed in 1995. with the approval of the Department of Transportation prior to initial occupancy of residential units gaining In 2009, PB Americas, Inc. studied traffic impacts at the Queen Ka'ahumanu access from the respective intersection. The cost of Highway intersection fronting the Hualalai project to update the Department of such improvements shall be borne by the applicant to Transportation("DOT")on whether existing traffic warrants the installation of a the extent of the project's projected traffic impacts and new traffic signal. On November 25,2009,the PB Americas,Inc. confirmed may be credited to or deducted from the applicant's fair that a new traffic signal was not required. HILLC continue to monitor traffic share contribution for road and traffic improvements, as impacts and will provide updates to the DOT as necessary, in compliance with required under Condition W. the subject condition. 2. A traffic monitoring program at the intersection of Queen Kaahumanu Highway shall be submitted to and A frontage road(Aima Kaha Place)was constructed parallel to Queen approved by the State Department of Transportation- Ka'ahumanu Highway to facilitate access between the adjoining development Highways Division,prior to receiving final plan areas,which is shown on File Plan 2180 and shown as Easement 1 on File Plan approval for any portion of the proposed development. 2300. If additional intersection improvements such as a fully channelized intersection with acceleration/deceleration No lots have direct access to Queen Ka'ahumanu Highway other than from the lanes,an under pass,or overpass,are required as permitted intersection approved by the DOT. determined by the findings of subsequent monitoring and analysis, the applicant shall provide the REFERENCE: improvements to the extent of the project's projected 1) Carlsmith Ball transmittal to DOT(04/15/10): Updated Traffic Signal traffic impacts in conformance with the requirements of Warrants and Traffic Monitoring Program(11/25/09,PB Americas,Inc.) the State Department of Transportation-Highways Division. (See enclosed CD diskette for a copy of the 2009 TIAR) 3. All internal roadways within the proposed development shall be constructed in accordance with the Resort Standards or other applicable provisions of the Zoning Code and Subdivision Code. 4. A roadway connection to the adjacent property along the southwestern boundary shall be provided meeting with the approval of the Department of Public Works. 5. No lots shall have direct access from the Queen Kaahumanu Highway except through an access point approved by the State Department of Transportation. 0 A detailed drainage study shall be prepared and submitted for HILLC shall continue to comply with this condition until full build-out of the review and approval to the Department of Public Works prior to Lot 4-B development area. submittal of plans for Subdivision and/or Plan Approval review of the residential, commercial and golf course subdivisions. The As evidence that HILLC complied with the subject condition,the Planning Study shall take into consideration the tile drainage system, Department issued FSA for multiple phases within the Lot 4-B development 4838-6816-9567.4.060075-00002 2018 Condition Compliance Matrix for Lot 4-B - Project District Ordinance No. 99-42 Successor Applicant: Hualalai Investors, LLC ("HILLC") Effective Date:April 10, 19,99 retention basins and `reduced turf design to be incorporated into I area, in connection within the development of residential units,commercial uses, the golf courses. A drainage system for each phase of and the golf course within Lot 4-B. development in the project area shall be installed meeting with •the approval of the Department of Public Works prior to issuance REFERENCE: of Final Subdivision Approval,a Certificate of Occupancy or 1) Drainage Reports approvals for the subdivisions golf course opening,whichever occurs first. 2) Hualalai Resort Phase 2-C Subdivision No. 1 (SUB-7835-Revised)-FSA (10/19/04) 3) Hualalai Resort Phase 2-C Subdivision No.2(SUB-04-00219)-FSA (09/12/05) 4) Hualalai Resort Phase 2-C Subdivision No.3 (SUB-05-000222)-FSA (02/21/07) 5) Hualalai Resort Parcel 20 Subdivision(SUB-07-000564)-FSA(01/09/14) 6) Kulanakauhale (SUB-14-001426-Revised)-FSA(05/01/15) 6)Halipua Villas(FPA 04/25/06) 7)Na Hale at Kahikole Phase I-Project District Site Plan approval covering development Parcel 17(07/16/02) 8)Na Hale at Kahikole Phase II--Project District Site Plan approval covering development Parcel 17(07/16/02) P An Emergency Preparedness and Response Plan shall be Satisfied HILLC has satisfied this condition for the Lot 4-B development area. submitted for review by the Planning Department in consultation with the Fire Department and the Civil Defense Agency prior to The Hawaii County Civil Defense Agency approved the Hualalai Resort the issuance of a Certificate of Occupancy for any residential Emergency Plan on 07/08/04. unit. The Plan shall be limited to a review of the emergency roadway network and emergency contact people or association. REFERENCE: 1) Emergency Plan approval from Civil Defense Agency(07/08/04) Q A Solid Waste Management Plan shall be prepared meeting with Satisfied HILLC has satisfied this condition for the Lot 4-B development area. the approval of the Department of Public Works prior to submitting plans for subdivision approval. Approved REFERENCE: recommendations and mitigation measures shall be implemented 1) DPW Solid Waste Management Division approval(04/30/01) -"Solid Waste in a manner meeting with the approval of the Department of Management Plan for the Hualalai Resort Phase II Development"(prepared by Public Works. Belt Collins Hawaii;December 2000) . R A wastewater treatment system shall be constructed to service the Satisfied HILLC has satisfied this condition through the development of the Hualalai residential and commercial development meeting with the private waste water treatment plant("WWTP"). The WWTP has sufficient approval of the Department of Health. capacity for the remaining development of Lot 4-B. S A final comprehensive public access plan,to be developed in Satisfied HILLC has satisfied this condition for Lot 4-B development area. consultation with community groups and in accordance with applicable conditions of approval of the Land Use Commission To date,HILLC has completed all public access improvements,pursuant to the Decision and Order(Docket No.A93-701),shall be submitted to Public Access Plan. Recently, HILLC by letter dated 04/06/18, submitted to the the Planning Director and shall include mauka-makai and lateral Planning Department an update to reflect the total number of public access 4838-6816-9567.4.060075-00002 2018 Condition Compliance Matrix for Lot 4-B - Project District Ordinance No. 99-42 Successor Applicant: Hualalai Investors, LLC ("HILLC") Effective Date:April 10, 1999 shoreline accesses,description of trail width and surfacing, parking stalls at 77(which includes public access parking required under the parking area(s),signage,emergency response considerations, Hualalai Resort Rezoning Ordinance 88-157 and as to Lot 4B under the restrictions on use(if any),provision of recreational and restroom Kaupulehu Project District Ordinance 99-42). facilities at appropriate locations,and related improvements. REFERENCE: Implementation of the public access plan shall be completed with 1) Final Comprehensive Public Access Plan for Hualalai at Historic Kaupulehu the opening of the golf course. (November 1997) 2)Final Comprehensive Public Access Plan for Hualalai at Historic Kaupulehu (updated November 2000),approved by the Planning Department(12/01/01) 3)Letter update(07/12/04),approved by the Planning Department(08/25/04) 4)Letter update(05/19/16), acknowledged by the Planning Department (06/16/16) 5)Letter update(04/06/18),pending acknowledgment by the Planning Department. • To ensure that the goals and policies of the Housing Element of Satisfied HILLC has satisfied this condition for the Lot 4-B development area. the General Plan are implemented,the applicant shall comply with the requirements of Chapter 11,Article 1,Hawaii County The County Housing Agency adopted Resolution 133 effective 12/02/03,which Code,relating to Affordable Housing. This requirement shall be demonstrated HILLC's satisfaction of the subject condition. approved by the County Housing Agency prior to Final Subdivision Approval of any portion of the residential area. REFERENCE: 1)Office of Housing and Community Development condition compliance letter (03/15/04) U The Integrated Resources Management Plan dated June 1998 or Satisfied HILLC has satisfied this condition for the Lot 4-B development area. any amendments approved thereafter by affected agencies shall be made a part of this ordinance as Appendix A. The REFERENCE: implementation recommendations and management guidelines 1) Declaration of Coastal Planning Area-Doc.No.:2004-228042(11/20/04) shall govern the use of the Coastal Planning Area and other 2) Declaration of Covenants,Conditions and Restrictions regarding Restricted resources. Parcels-Doc.No.:2005-262407,2005-262408 and 2005-262409(12/23/05) ✓ Should any unidentified sites or remains such as artifacts,shell, On-going HILLC shall continue to comply with this condition until full build-out of the bone,or charcoals deposits,human burials,rock or coral Lot 4-B development area. alignments,pavings or walls be encountered,work in the immediate area shall cease and the State Department of Land and Natural Resources-Historic Preservation Division(DLNR-HPD) and the Hawaii Island Burial Council,if applicable, shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR-SHPD and/or Burial Council when it is found that sufficient mitigative measures have been taken. W The applicant shall make its fair share contribution to mitigate On-going H1LLC shall continue to comply with this condition until full build-out of the potential regional impacts of the subject property with respect to Lot 4-B development area. 4838-6816-9567.4.060075-00002 2018 Condition Compliance Matrix for Lot 4-B - Project District Ordinance No. 99-42 Successor Applicant: Hualalai Investors, LLC ("HILLC") Effective Date:April 10, 1999 roads, parks and recreation,fire,police and solid waste disposal facilities. The amount of the fair share contribution shall be the REFERENCE: sum which is the product of multiplying the number of residential 1) PD Fair Share compliance letter for SUB-7835-Revised(07/19/04) lots proposed to be subdivided by the amounts allocated 2) PD Fair Share compliance letter for SUB-04-00219 (08/08/05) hereinbelow for each such lot, and shall become due and payable 3) PD Fair Share compliance letter for SUB-05-000222 (03/06/07) prior to final subdivision approval for any portion of the subject 4) PD Fair Share compliance letter for SUB-07-000564 (12/03/13) property or its increments. If the subject property is subdivided 5) PD Fair Share compliance letter for Parcel 17 SUB 2003-0099)(08/16/24) in two or more increments,the amount of the fair share contribution due and payable prior to final subdivision approval of each increment shall be a sum calculated in the manner according to the number of proposed residential lots in each such increment. The fair share contribution, in a form of cash, land, facilities or any combination thereof, acceptable to the director in consultation with the affected agencies,shall be determined by the County Council. The fair share contribution shall have a maximum combined value of$4,645.29 per multiple-family residential unit and$7,239.16 per single-family residential unit. Based upon the applicant's representation of intent to develop up to 1,030 residential units,the indicated total of fair share contribution for 500 multiple-family residential units is $2,322,645.00 and 530 single-family residential units is $3,836,754.80 whichever is applicable. However,the total amount shall be increased or reduced in proportion with the actual number of units according to the calculation and payment provisions set forth in this Condition W. The fair share contribution shall be allocated as follows: 1. $2,291.39 per multiple-family residential unit for an indicated total of$1,145,695.00 and$3,490.85 per single-family residential unit for an indicated total of $1,850,150.50 to the County to support park and recreation improvements and facilities; 2. $72,42 per multiple-family residential unit for an indicated total of$36,210.00 and$168,40 per single- family residential unit for an indicated total of $89,252.00 to the County to support police facilities; 3. $222.77 per multiple-family residential unit for an indicated total of$111,385.00 and$333.61 per single- family residential unit for an indicated total of $176,283.30 to the County to support fire facilities; 4. $99.29 per multiple-family residential unit for an 4838-6816-9567.4.060075-00002 • 2018 Condition Compliance Matrix for Lot 4-B - Project District Ordinance No. 99-42 Successor Applicant: Hualalai Investors, LLC ("HILLC") Effective Date:April 10, 1999 indicated total of$49,645.00 and$145,62 per single- family residential unit for an indicated total of $77,178.60; 5. $1,959.42 per multiple-family residential unit for an indicated total of$979,710.00 and$3,101.68 per single- family residential unit for an indicated total of $1,643,890.40 to the State or County to support road and traffic improvements. The fair share contributions described above shall be adjusted annually beginning three years after the effective date of the change of zone,based on the percentage change in the Honolulu Consumer Price Index(HCPI). In lieu of paying the fair share contribution,the applicant may construct and contribute improvements/facilities related to parks and recreation, fire, police,solid waste disposal facilities, and roads within the region impacted by the proposed development,subject to the approval of the director. The cost of providing and constructing the improvements required in Condition M and N shall be credited against the sum specified in Condition W,the fair market value of land contributed or the cost of any improvements required or made in lieu of the fair share contribution shall be subject to review and approval of the director,upon consultation with the appropriate agencies. Upon approval of the fair share contributions or in lieu contributions by the director,the director shall submit a final report to the Council for its information that identifies the specific approved fair share and/or in lieu contributions, as allocated,and further implementation requirements. X Should the Council adopt a Unified Impact Fee Ordinance setting N/A HILLC acknowledges this condition. forth criteria for imposition of exactions or the assessment of impact fees,conditions included herein shall be credited towards the requirements of the Unified Fee Ordinance. • Y Comply with all applicable laws,rules,regulations and On-going HILLC shall continue to comply with this condition until full build-out of the requirements of affected agencies for approval of the proposed Lot 4-B development area. development within the subject property. Z The applicant shall comply with all other applicable requirements On-going HILLC shall continue to comply with this condition until full build-out of the of the Land Use Commission conditions of approval and a copy Lot 4-B development area. of the written documentation of compliance with these conditions 4838-6816-9567.4.060075-00002 2018 Condition Compliance Matrix for Lot 4-B - Project District Ordinance No. 99-42 Successor Applicant: Hualalai Investors, LLC ("HILLC") Effective Date:April 10, 1999 shall also be submitted to the Planning Director. AA An annual progress reports shall be submitted to the Planning On-going HILLC shall continue to comply with this condition until full build-out of the Director prior to each anniversary date of the approval of this Lot 4-B development area. Project District Ordinance. The report shall address in detail the status of the development,the number of units constructed,the compliance with the conditions of approval of both this ordinance and the State Land Use Commission conditions. This condition shall remain in effect until all of the conditions of approval have been complied with and the Director acknowledges that further reports are not required. BB Twenty(20)years from the effective date of the Kaupulehu On-going HILLC acknowledges this condition. Project District Ordinance,the applicant shall submit an overall status report of the project,including the percentage of the completed development. The Planning Director shall also provide an assessment of the development of the Project District and its compliance with conditions of approval for transmittal to the Planning Commission for their review and recommendation and then forward to the County Council for their review and action. CC Should any of the conditions not be met or substantially complied N/A HILLC acknowledges this condition. with in a timely fashion,the Director may initiate rezoning of the subject are to its original or more appropriate designation. 4838-6816-9567.4.060075-00002 Condition Compliance Matrix - Project District Ordinance No. 99-42 Successor Applicant: KD Acquisition, LLLP ("KD") (fka WB KD Acquisitions, LLC). Effective Date:April 10, 1999 • KD is processing the development of Lot 4-A in two(2) increments, which are noted as follows: 1) The "Increment 1 Development"shall refer to the development area comprised of the Interpretive Center located on TMK: (3)7-2-010: Portion of 022,the Members'Beach Club located on TMK: (3)7-2-031:031,and the 80 single-family residential lots developed into two(2)phases; Phase 1 (38 lots)now TMK Nos.: (3)7-2-031:001,002,004,006 thru 011, 013 thru 030 and TMK Nos.: (3)7-2-032:001 thru 008;and Phase 2(42 lots)now TMK Nos.: (3)7-2-032:009, 010,014 thru 053. 2) The "Increment 2 Development" shall refer to the development area comprised of approximately 391 residential units,outdoor recreational facilities, and the related infrastructure located within TMK Nos.: (3)7-2-010:023 and portions of 022, 024, and 025. KD's compliance with the conditions of approval for each increment are either addressed collectively as the"Kaupulehu Project"or noted separately by increment,as applicable. No. Condition Status Comments A The applicant, successors,or assignees shall be responsible for On-going KD acknowledges this condition. complying with all of the state Conditions of Approval. B This project area shall be called the Kaupulehu Project District. N/A The effective date of Project District Ordinance No. 99-42("PDO 99-42")is The development period for the Kaupulehu Project District will 04/10/99. be 20 years from the effective date of approval of the Project District Ordinance. C The Kaupulehu Project District shall consist of not more than On-going KD acknowledges this condition. 1,078.634 acres with 869.698 acres for Residential,golf course and ancillary related development; 197.936 acres for the"Urban" Coastal Planning Area and 11 acres for Commercial Development. Any amendment to these acreages shall require an amendment to the ICaupulehu Project District Ordinance. D The maximum number of units to be allowed within the On-going KD acknowledges this condition. Kaupulehu Project District shall be 1,030 units. Any increase in the number of units shall require an amendment to the ICaupulehu Project District Ordinance. E There shall be no residential, commercial or similar type Satisfied KD has satisfied this condition for the Kaupulehu Project and has filed the developments in the Coastal Planning Area other than those Declarations for the Coastal Planning Area("CPA")consistent with the specified in the Integrated Resources Management Plan. The provisions of the approved Integrated Resources Management Plan("IRMP'). Coastal Planning Area shall be described by metes and bounds, and the restrictions shall be specified in the covenant(s)to be REFERENCE: recorded with the Bureau of Conveyances shall be submitted to 1) Declaration of Coastal Planning Area-Doc.No.: 2004-228042 (11/20/04) the Planning Director for review and approval prior to the 2) Declaration of Covenants,Conditions and Restrictions regarding Restricted issuance of Final Subdivision Approval or Final Plan Approval Parcels-Doc.No.:2005-262407,2005-262408 and 2005-262409(12/23/05) or land alteration activities,whichever occurs first. A copy of the approved covenant(s)shall be recited in an instrument executed 4847-9552-6247.1.060391-00002 Condition Compliance Matrix - Project District Ordinance No. 99-42 Successor Applicant: KD Acquisition, LLLP ("KD") (fka WB KD Acquisitions, LLC) Effective Date:April 10, 1999 by the applicant and the County and recorded with the Bureau of Conveyances prior to the issuance of Final Subdivision Approval or Final Plan Approval or land alternation activities, whichever occurs first. F The applicant shall disclose to all potential buyers of lots or units Satisfied KD shall continue to comply with this condition until full build-out of the within the proposed project that internal infrastructure and Kaupulehu Project. community facilities shall be developed and maintained privately and that the County is not obligated to construct any public facilities within the project area. G The following permitted uses as defined in Chapter 25 (Zoning Satisfied KD has satisfied this condition for the Kaupulehu Project. Code)Ordinance No. 96-160 are to be allowed in the Kaupulehu Project District within the 869.698 acres for Residential,golf REFERENCE: course, and ancillary related development and the 11 acres of 1)PD approval(7/02/03)-Project District Site Plan Commercial development: 1. Amusement and recreation facilities,indoor 2. Art galleries,museums. 3. Automobile service stations 4. Bars 5. Business services 6. Churches,temples,and synagogues 7. Day care centers 8. Convenience stores 9. Community buildings 10. Display for products sold elsewhere 11. Dwellings, single-family 12. Dwellings, double-family or duplex 13. Dwellings,multiple-family 14. Farmers Market 15. Financial Institutions 16. Golf courses and related golf course uses, including golf driving ranges,golf maintenance buildings and golf club houses 17. Home occupations as permitted within Section 25-4-13 of the Zoning Code 18. Major outdoor amusement and recreation facilities 19. Medical clinics 20. Meeting facilities 21. Model homes 22. Neighborhood parks,playgrounds,tennis courts, swimming pools,and similar neighborhood recreational 4847-9552-6247.1.060391-00002 Condition Compliance Matrix - Project District Ordinance No. 99-42 Successor Applicant: KD Acquisition, LLLP ("KD") (fka WB KD Acquisitions, LLC) Effective Date:April 10, 1999 areas and uses 23. Offices 24. Personal Services 25. Photography studios 26. Public and private utility uses and structures 27. Restaurants 28. Retail establishments 29. Schools 30. Telecommunications antennas and towers as permitted under Section 25-4-12 of the Zoning Code 31. Temporary real estate offices asermitted b Y Section P 25-4-8 of the Zoning Code 32. Theaters 33. Time share units 34. Utility substations,wastewater treatment plants, landscaping and vehicle maintenance service yards 35. Visitor Information Center 36. Any uses similar in nature to the above permitted uses shall be permitted upon submittal of a request by the applicant and approved by the Planning Director. 37. Building and uses normally considered directly accessory to the uses permitted in this section shall also be permitted. H The following design standards shall apply: Satisfied KD has satisfied this condition for the Kaupulehu Project. 1. Landscaping for the development shall comply with the Planning Dept's Rule No. 17,Landscaping All applicable design standards are incorporated into KD's Residential Design Requirements. Guidelines, which are included within the CC&R's applicable to the Kaupulehu 2. The minimum building site are shall be 7,500 square Project,and which are provided by KD to all lot owners. feet which may include flag lots. 3. The maximum allowable height limit for Single Family REFERENCE: Residential units shall be thirty-five feet. 1) Kaupulehu Residential Design Guidelines Estate Home sites(December 4. The maximum allowable height limit for Multiple 2004,revised April 2009) Family Residential and Commercial developments shall 2) "Kaupulehu Lot 4-A Landscape Plan"(PBR, September 2004) be 45 feet. 3) Planning Director's approval letter(12/16/04) 5. The minimum average lot widths shall be determined by the applicant in conjunction with its development plans. 6. The minimum yards in the Kaupulehu Project District shall be as follows: (a)Residential Development: (1) front and rear yards,fifteen feet;and(2)side yards, eight feet; (b)Commercial Development: (1)Front and 4847-9552-6247.1.060391-00002 Condition Compliance Matrix- Project District Ordinance No. 99-42 Successor Applicant: KD Acquisition, LLLP ("KD") (fka WB KD Acquisitions, LLC) Effective Date:April 10, 1999 rear yards, fifteen feet;and(2)side yards,none,except where the adjoining building site is a residential development site,when the side yard adjoins the side yard of a residential development site,there shall be a minimum side yard of eight feet. 7. Exceptions to the regulations for the Project district regarding heights,building site areas, and yards, may be approved by the director within a planned unit development, or cluster plan development. 8. The minimum off-street parking and loading space requirements for the Kaupulehu Project District will comply with the minimum standards as required by the Zoning Code, including compliance with the American Disabilities Act(ADA)requirements. Final Subdivision or Final Plan Approval,whichever is Satisfied KD satisfied this condition for the Increment 1 Development through the applicable,shall be secured from the Planning Director for any of County's issuance of Final Subdivision Approval as referenced below. The KD the above uses prior to the issuance of any land alteration permits shall continue to comply with this condition when further developing the for any development phase in the Kaupulehu Project District Increment 2 Development. REFERENCE: 1) Increment 1,Phase 1 (SUB 7891) FSA(12/30/04) 2) Increment 1, Phase 2 (SUB 05-000066): FSA(11/22/06) 3) Increment 1,Phase 2(SUB 05-000066 Revised): FSA(02/21/07) 4) Increment 2,Phase 1 (SUB 13-001254): FSA(06/09/14) J Construction of the residential units,commercial development, Satisfied KD satisfied this condition for the Increment 1 Development through the golf course and other related improvements shall commence only County's issuance of Final Subdivision Approval as referenced below. The KD after Final Subdivision Approval and Final Plan Approval has shall continue to comply with this condition when further developing the been secured. Increment 2 Development. REFERENCE: 1) Increment 1,Phase 1 (SUB 7891)-FSA(12/30/04) 2) Increment 1,Phase 2(SUB 05-000066): FSA(11/22/06) 3) Increment 1,Phase 2 (SUB 05-000066 Revised): FSA(02/21/07) 4) Increment 2,Phase 1 (SUB 13-001254): FSA(06/09/14) K The applicant shall provide assurance satisfactory to the Satisfied KD has satisfied this condition for the Kaupulehu Project. Department of Water Supply and the Planning Director,upon consultation with the State Department of Health and Department REFERENCE: of Land and Natural Resources,that water sources of sufficient 1)Department of Public Works("DPW")approval letter(8/03/00)-Water 4847-9552-6247.1.060391-00002 Condition Compliance Matrix - Project District Ordinance No. 99-42 Successor Applicant: KD Acquisition, LLLP ("KD") (fka WB KD Acquisitions, LLC) Effective Date:April 10, 1999 quality and quantity has been established. Such satisfactory Resource Management Plan for Hualalai Resort, Increment II, Kaupulehu,North assurance can be met by the actual drilling and testing of a well Kona,Hawaii(July 2000); Water Resource Management Plan for Public Water site of the water source or by the submittal of a hydrological System 163 Kaupulehu(May 2004) study certifying that a water source of sufficient quality and quantity can be established at the designated locations. L Upon compliance with Condition K,the actual development of Satisfied KD satisfied this condition for the Increment 1 Development through the the water source and its water transmission and distribution County's issuance of Final Subdivision Approval as referenced below. KD shall system shall be developed in conjunction with the subdivision continue to comply with this condition when further developing the Increment 2 approval process. Final inspection to the residential structures Development. shall not be issued until the approved water source is developed and its transmission and distribution system for such source to The Lot 4-A development area is currently serviced by a private water system, the subject property has been constructed. Residential building owned and operated by the Kaupulehu Water Co.,which is a PUC regulated permits may be issued for model home complexes,provided that utility. There is sufficient capacity within the existing water system to support such model homes will not be occupied until the approved water the remaining development within the Lot 4-A development area. source is developed. The private water system will not be dedicated to the County of Hawaii. REFERENCE: 1) Depattntent of Public Works("DPW") approval letter(08/03/00)-Water Resource Management Plan for Hualalai Resort, Increment 2, Kaupulehu,North Kona, Hawaii(July 2000); Water Resource Management Plan for Public Water System 163 Kaupulehu(May 2004) 2) Increment 1,Phase 1 (SUB 7891)-FSA(12/30/04) 3) Increment 1,Phase 2 (SUB 05-000066):FSA(11/22/06) 4) Increment 1,Phase 2 (SUB 05-000066 Revised): FSA(02/21/07) 5) Increment 2, Phase I (SUB 13-001254): FSA(06/09/14) M The interior roadway requirements for the Kaupulehu Project Satisfied KD satisfied this condition for the Increment 1 Development through the District shall be designed to resort standards as allowed by the County's issuance of Final Subdivision Approval as referenced below. The KD Subdivision Code and as represented in Section 3.3.1 of the shall continue to comply with this condition when further developing the applicant's Project District application. Increment 2 Development. REFERENCE: 1) Increment 1,Phase 1 (SUB 7891)-FSA(12/30/04) 2) Increment 1,Phase 2 (SUB 05-000066): FSA(11/22/06) 3) Increment 1,Phase 2(SUB 05-000066 Revised): FSA(02/21/07) 4) Increment 2, Phase 1 (SUB 13-001254): FSA(06/09/14) N Access(es)to the project site shall meet with the approval of the Satisfied The Successor Petitioner satisfied this condition for the Increment 1 Department of Transportation-Highways Division and Public Development through the County's issuance of Final Subdivision Approval as Works as follows: referenced below. KD shall continue to comply with this condition when further 4847-9552-6247.1.060391-00002 Condition Compliance Matrix- Project District Ordinance No. 99-42 Successor Applicant: KD Acquisition, LLLP ("KD") (fka WB KD Acquisitions, LLC) Effective Date:April 10, 1999 1. If warranted, a fully channelized intersection developing the Increment 2 Development. improvements, including but not limited to traffic lights and/or overpass or underpass,shall be provided meeting The Department of Transportation approved the design of the fully chanellized with the approval of the Department of Transportation intersection at Queen Ka'ahumanu Highway on March 30, 1994 and the subject prior to initial occupancy of residential units gaining intersection was completed in 1995. access from the respective intersection. The cost of such improvements shall be borne by the applicant to In 2009, PB Americas, Inc. studied traffic impacts at the Queen Ka'ahumanu the extent of the project's projected traffic impacts and Highway intersection fronting the Hualalai project to update the Department of may be credited to or deducted from the applicant's fair Transportation("DOT")on whether existing traffic warrants the installation of a share contribution for road and traffic improvements,as new traffic signal. On November 25,2009,the PB Americas, Inc.confirmed required under Condition W. that a new traffic signal was not required. HILLC continue to monitor traffic 2. A traffic monitoring program at the intersection of impacts and will provide updates to the DOT as necessary, in compliance with Queen Kaahumanu Highway shall be submitted to and the subject condition. approved by the State Department of Transportation- Highways Division,prior to receiving final plan A frontage road(Aina Kaha Place)was constructed parallel to Queen approval for any portion of the proposed development. Ka'ahumanu Highway to facilitate access between the adjoining development If additional intersection improvements such as a fully areas, which is shown on File Plan 2180. channelized intersection with acceleration/deceleration lanes,an under pass, or overpass,are required as No lots have direct access to Queen Ka'ahumanu Highway other than from the determined by the findings of subsequent monitoring permitted intersection approved by the DOT. and analysis,the applicant shall provide the improvements to the extent of the project's projected REFERENCE: traffic impacts in conformance with the requirements of 1) Increment 1, Phase 1 (SUB 7891)-FSA(12/30/04) the State Department of Transportation-Highways 2) Increment 1,Phase 2 (SUB 05-000066):FSA(11/22/06) Division. 3) Increment 1, Phase 2 (SUB 05-000066 Revised): FSA(02/21/07) 3. All internal roadways within the proposed development 4) Increment 2,Phase 1 (SUB 13-001254): FSA(06/09/14) shall be constructed in accordance with the Resort 5) Carlsmith Ball transmittal to DOT(04/15/10): Updated Traffic Signal Standards or other applicable provisions of the Zoning Warrants and Traffic Monitoring Program(11/25/09,PB Americas,Inc.) Code and Subdivision Code. 4. A roadway connection to the adjacent property along the (See enclosed CD diskette for a copy of the 2009 TIAR) southwestern boundary shall be provided Meeting with the approval of the Department of Public Works. 5. No lots shall have direct access from the Queen Kaahumanu Highway except through an access point approved by the State Department of Transportation. 0 A detailed drainage study shall be prepared and submitted for Satisfied KD satisfied this condition for the Increment 1 Development through the review and approval to the Department of Public Works prior to County's issuance of Final Subdivision Approval as referenced below. KD shall submittal of plans for Subdivision and/or Plan Approval review continue to comply with this condition when further developing the Increment 2 of the residential,commercial and golf course subdivisions. The Development. Study shall take into consideration the tile drainage system, 4847-9552-6247.1.060391-00002 Condition Compliance Matrix - Project District Ordinance No. 99-42 Successor Applicant: KD Acquisition, LLLP ("KD") (fka WB KD Acquisitions, LLC) Effective Date:April 10, 1999 retention basins and `reduced turf design to be incorporated into REFERENCE: the golf courses. A drainage system for each phase of 1) "Drainage Report for Kaupulehu Lot 4A—Increment 1: Phase 1 Subdivision development in the project area shall be installed meeting with Improvements;Phase 2 Mass Grading Improvements" (May 2004) the approval of the Department of Public Works prior to issuance 2) Increment 1, Phase 1 (SUB 7891)-FSA(12/30/04) of Final Subdivision Approval,a Certificate of Occupancy or 3) Increment 1, Phase 2 (SUB 05-000066): FSA(11/22/06) golf course opening, whichever occurs first. 4) Increment 1, Phase 2 (SUB 05-000066 Revised): FSA(02/21/07) 5) Increment 2, Phase 1 (SUB 13-001254): FSA(06/09/14) P An Emergency Preparedness and Response Plan shall be Satisfied KD has satisfied this condition for the Kaupulehu Project. submitted for review by the Planning Department in consultation with the Fire Department and the Civil Defense Agency prior to Kukio,Hualalai and Kaupulehu HOAs continue to jointly discuss the location of the issuance of a Certificate of Occupancy for any residential the warning sirens, in addition to securing the necessary funding for installation. unit. The Plan shall be limited to a review of the emergency Each project maintains 24-hour security, and in the event of an emergency roadway network and emergency contact people or association. situation,the Project's security services will notify all guests and residents of the situation and appropriate steps are taken to ensure the safety of the public during these events. REFERENCE: 1) Emergency Preparedness&Response Plan Kaupulehu Lot 4A Residential Community(06/04/04) 2) Hawaii County Fire Department Letter(06/07/04) 3) Hawaii County Civil Defense Agency Letter(07/20/04) 4) Planning Director submittal letter(07/23/04) Q A Solid Waste Management Plan shall be prepared meeting with Satisfied KD satisfied this condition for the Increment 1 Development through the the approval of the Department of Public Works prior to County's issuance of Final Subdivision Approval as referenced below. KD shall submitting plans for subdivision approval. Approved continue to comply with this condition when further developing the Increment 2 recommendations and mitigation measures shall be implemented Development. in a manner meeting with the approval of the Department of Public Works. REFERENCE: 1) County Department of Public Works("DPW"), Solid Waste Management Division approval(12/28/00) -"A Solid Waste Management Plan for the Hualalai Resort Phase II Development" 2) DPW-Department of Environmental Management("DEM")approval (7/6/07)-"Supplemental Solid Water Management Plan for Kaupulehu Lot 4-A, Phase 1 (May 2004)" 3) Increment 1,Phase 1 (SUB 7891)-Final Subdivision Approval("FSA") (12/30/04) 4) Increment 1,Phase 2 (SUB 05-000066): FSA(11/22/06) 5) Increment 1,Phase 2 (SUB 05-000066 Revised): FSA(02/21/07) 6) Increment 2,Phase 1 (SUB 13-001254):FSA(06/09/14) 4847-9552-6247.1.060391-00002 Condition Compliance Matrix- Project District Ordinance No. 99-42 Successor Applicant: KD Acquisition, LLLP ("KD") (fka WB KD Acquisitions,LLC) Effective Date:April 10, 1999 R A wastewater treatment system shall be constructed to service the Satisfied KD satisfied this condition for the Increment 1 Development through the residential and commercial development meeting with the County's issuance of Final Subdivision Approval as referenced below. KD shall approval of the Department of Health. continue to comply with this condition when further developing the Increment 2 Development. REFERENCE: 1) Increment 1, Phase 1 (SUB 7891)-FSA(12/30/04) 2) Increment 1, Phase 2 (SUB 05-000066): FSA(11/22/06) 3) Increment 1, Phase 2 (SUB 05-000066 Revised): FSA(02/21/07) 4) Increment 2,Phase 1 (SUB 13-001254): FSA(06/09/14) S A final comprehensive public access plan,to be developed in Satisfied KD has satisfied this condition for the Kaupulehu Project. consultation with community groups and in accordance with applicable conditions of approval of the Land Use Commission WB completed all public access improvements. Decision and Order(Docket No. A93-701), shall be submitted to the Planning Director and shall include mauka-makai and lateral REFERENCE: shoreline accesses,description of trail width and surfacing, 1)PD Approval Letter(09/29/04)-Kaupulehu Lot 4-A Comprehensive Public parking area(s), signage, emergency response considerations, Access Plan(September 2004,PBR Hawaii&Belt Collins). restrictions on use(if any),provision of recreational and restroom facilities at appropriate locations, and related improvements. Implementation of the public access plan shall be completed with the opening of the golf course. T To ensure that the goals and policies of the Housing Element of Satisfied KD has satisfied this condition for the Increment 1 Development and shall the General Plan are implemented,the applicant shall comply comply with this condition when further developing the Increment 2 with the requirements of Chapter 11,Article 1,Hawaii County Development. Code,relating to Affordable Housing. This requirement shall be approved by the County Housing Agency prior to Final REFERENCE: Subdivision Approval of any portion of the residential area. 1) County PD letter(04/9/08)-Agreement for Assignment of Affordable Housing Credits between Seascape Development LLC and the Successor Petitioner(09/15/06) U The Integrated Resources Management Plan dated June 1998 or Satisfied KD has satisfied this condition for the Kaupulehu Project. any amendments approved thereafter by affected agencies shall be made a part of this ordinance as Appendix A. The REFERENCE: implementation recommendations and management guidelines 1) Declaration of Coastal Planning Area-Dot.No.: 2004-228042(11/20/04) shall govern the use of the Coastal Planning Area and other 2) Declaration of Covenants,Conditions and Restrictions regarding Restricted resources. Parcels-Doc.No.:2005-262407,2005-262408 and 2005-262409(12/23/05) V Should any unidentified sites or remains such as artifacts, shell, On-going KD shall continue to comply with this condition until full build-out of the bone,or charcoals deposits,human burials,rock or coral Kaupulehu Project. alignments,pavings or walls be encountered,work in the 4847-9552-6247.1.060391-00002 Condition Compliance Matrix - Project District Ordinance No. 99-42 Successor Applicant: KD Acquisition, LLLP ("KD") (fka WB KD Acquisitions, LLC) Effective Date:April 10, 1999 immediate area shall cease and the State Department of Land and Natural Resources-Historic Preservation Division(DLNR-HPD) and the Hawaii Island Burial Council, if applicable,shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR-SHPD and/or Burial Council when it is found that sufficient mitigative measures have been taken. W The applicant shall make its fair share contribution to mitigate Satisfied ICD has satisfied this condition for the Increment 1 Development and shall potential regional impacts of the subject property with respect to comply with this condition when further developing the Increment 2 roads, parks and recreation, fire,police and solid waste disposal Development. facilities. The amount of the fair share contribution shall be the sum which is the product of multiplying the number of residential REFERENCE: lots proposed to be subdivided by the amounts allocated I) Fair Share Contribution transmittal letter to PD(09/23/04) hereinbelow for each such lot,and shall become due and payable 2) Fair Share Contribution transmittal letter to PD(10/01/04) prior to final subdivision approval for any portion of the subject 3) PD acknowledgement letter(10/07/04) property or its increments. If the subject property is subdivided in two or more increments,the amount of the fair share contribution due and payable prior to final subdivision approval of each increment shall be a sum calculated in the manner according to the number of proposed residential lots in each such increment. The fair share contribution, in a form of cash, land, facilities or any combination thereof,acceptable to the director in consultation with the affected agencies, shall be determined by the County Council. The fair share contribution shall have a maximum combined value of$4,645.29 per multiple-family residential unit and$7,239.16 per single-family residential unit Based upon the applicant's representation of intent to develop up to 1,030 residential units,the indicated total of fair share contribution for 500 multiple-family residential units is $2,322,645.00 and 530 single-family residential units is $3,836,754.80 whichever is applicable. However,the total amount shall be increased or reduced in proportion with the actual number of units according to the calculation and payment provisions set forth in this Condition W. The fair share contribution shall be allocated as follows: 1. $2,291.39 per multiple-family residential unit for an indicated total of$1,145,695.00 and$3,490.85 per single-family residential unit for an indicated total of $1,850,150.50 to the County to support park and 4847-9552-6247.1.060391-00002 Condition Compliance Matrix - Project District Ordinance No. 99-42 • Successor Applicant: KD Acquisition, LLLP ("KD") (flca WB KD Acquisitions, LLC) Effective Date:April 10, 1999 recreation improvements and facilities; 2. $72,42 per multiple-family residential unit for an indicated total of$36,210.00 and$168,40 per single- family residential unit for an indicated total of $89,252.00 to the County to support police facilities; 3. $222.77 per multiple-family residential unit for an indicated total of$111,385.00 and$333.61 per single- \ family residential unit for an indicated total of $176,283.30 to the County to support fire facilities; 4. $99.29 per multiple-family residential unit for an indicated total of$49,645.00 and$145,62 per single- family residential unit for an indicated total of $77,178.60; - 5. $1,959.42 per multiple-family residential unit for an indicated total of$979,710.00 and$3,101.68 per single- family residential unit for an indicated total of $1,643,890.40 to the State or County to support road and traffic improvements. The fair share contributions described above shall be adjusted annually beginning three years after the effective date of the change of zone,based on the percentage change in the Honolulu Consumer Price Index(HCPI). In lieu of paying the fair share contribution,the applicant may construct and contribute improvements/facilities related to parks and recreation, fire, police, solid waste disposal facilities, and roads within the region impacted by the proposed development,subject to the approval of the director. The cost of providing and constructing the improvements required in Condition M and N shall be credited against the sum specified in Condition W,the fair market value of land contributed or the cost of any improvements required or made in lieu of the fair share contribution shall be subject to review and approval of the director,upon consultation with the appropriate agencies. Upon approval of the fair share contributions or in lieu contributions by the director,the director shall submit a final report to the Council for its information that identifies the specific approved fair share and/or in lieu contributions,as - allocated, and further implementation requirements. 4847-9552-6247.1.060391-00002 Condition Compliance Matrix- Project District Ordinance No. 99-42 Successor Applicant: KB Acquisition, LLLP ("KD") (#ka WB KD Acquisitions, LLC) Effective Date:April 10, 1999 X Should the Council adopt a Unified Impact Fee Ordinance setting N/A KD acknowledges this condition. forth criteria for imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Fee Ordinance. Y Comply with all applicable laws,rules, regulations and On-going KD shall continue to comply with this condition for the Kaupulehu Project. requirements of affected agencies for approval of the proposed development within the subject property. • 7 The applicant shall comply with all other applicable requirements On-going KD shall continue to comply with this condition for the Kaupulehu Project. of the Land Use Commission conditions of approval and a copy of the written documentation of compliance with these conditions shall also be submitted to the Planning Director. • AA An annual progress reports shall be submitted to the Planning On-going KD shall continue to comply with this condition for the Kaupulehu Project. •Director prior to each anniversary date of the approval of this Project District Ordinance. The report shall address in detail the status of the development,the number of units constructed,the compliance with the conditions of approval of both this ordinance and the State Land Use Commission conditions. This condition shall remain in effect until all of the conditions of approval have been complied with and the Director acknowledges that further reports are not required. BB Twenty(20)years from the effective date of the Kaupulehu On-going KD acknowledges this condition. Project District Ordinance,the applicant shall submit an overall status report of the project,including the percentage of the completed development. The Planning Director shall also provide an assessment of the development of the Project District and its compliance with conditions of approval for transmittal to the Planning Commission for their review and recommendation and then forward to the County Council for their review and action. CC Should any of the conditions not be met or substantially complied N/A KD acknowledges this condition. with in a timely fashion,the Director may initiate rezoning of the subject are to its original or more appropriate designation. 4847-9552-6247.1.060391-00002 1.., '�,N<Yofpq�111; nu 16 'JUL 25 Pm 3 Darren J.Rosario HarryKim �••.•t"' % � VVV 11 _. . Mayor S I � �: - `L� �i j 1 1 �' Fire Chief •c I ��e /�.i`:n•• _ _ ] .. 'l ate. u ,j;`j I #1,f 9N1 Lance S.Uchida. to ' I''1,••fj• fp. - JUL,j' i r U- .(-If /L l T Deputy Fire Chief ' 1 re or 14P Countp of 49aixiai`i ..• s HAWAI`I FIRE DEPARTMENT j ,ir_ 25 Aupuni Street•Suite 2501•Hilo,Haw•ai`i 96720 (808)932-2900•Fax(808)932-2928 July 25, 2018 TO: MICHAEL YEE,PLANNING DIRECTOR - FROM: DARREN J.ROSARIO,FIRE CHIEF SUBJECT: Change of Zone Ordinance No. 99-42 (REZ No. 926) Applicant: KD Acquisition,LLP and Hualalai Investors, LLP Request: Submission of Overall Status Report to Planning Dept(PD), Planning Commission(PC) and County Council-(CC) as Required by Condition BB of PD Ordinance No. 99 42 Request for clarification from the PC and CC that a time extension is not needed; if needed,the applicant is requesting an amendment to Condition B for a 20 year Time Extension Tax Map Key: 7-2-010:022 • In regards to the above-mentioned Change of Zone application,the following shall be in accordance: NFPA 1. UNIFORM FIRE CODE,2006 EDITION Note:Hawai'1 State Fire Code, National Fire Protection Association 2006 version, with County of Hawai`i amendments. County amendments are identified with a preceding "C—"of the reference code. • Chapter 18 Fire Department Access and Water Supply 18.1 General. Fire department access and water supplies shall comply with this chapter. For occupancies of an especially hazardous nature, or where special hazards exist in addition to the normal hazard of the occupancy, or where access for fire apparatus is unduly difficult, or areas where there is an inadequate fire flow, or inadequate fire hydrant spacing, and the AHJ may require additional safeguards including,but not limited to, additional fire appliance units, more than one type of appliance, or special systems suitable for the protection of the hazard involved. 18.1.1 PIans. 18.1.1.1 Fire Apparatus Access. Plans for fire apparatus access roads shall be submitted to the fire department for review and approval prior to construction. ^' PAWq/, liItf P a n n i nIpt. Hamm',County is an Equal Opportunity Provider and Employer. 11 9 r� 0 2 Exhibit e��+ Michael Yee July 25,2018 Page 2 18.1.1/Fire Hydrant Systems. Plans and specifications for fire hydrant systems shall be submitted to the fire department for review and approval prior to construction. C— 18.1.1.2.1 Fire Hydrant use and Restrictions.No unauthorized person shall use or operate any Fire hydrant unless such person first secures permission or a permit from the owner or representative of the department,or company that owns or governs that water supply or system. Exception: Fire Department personnel conducting firefighting operations,hydrant testing, and/or maintenance, and the flushing and acceptance of hydrants witnessed by Fire Prevention Bureau personnel. 18.2 Fire Department Access. 18.2.1 Fire department access and fire department access roads shall be provided and maintained in accordance with Section 18.2. 18.2.2*Access to Structures or Areas. 18.2.2.1 Access Box(es).The AHJ shall have the authority to require an access box(es)to be installed in an accessible location where access to or within a structure or area is difficult because of security. 18.2.2.2 Access to Gated Subdivisions or Developments.The AHJ shall have the authority to require fire department access be provided to gated subdivisions or developments through the use of an approved device or system. 18.2.2.3 Access'Maintenance.The owner or occupant of a structure or area, with required fire department access as specified in 18.2.2.1 or 18.2.2.2,shall notify the AHJ when the access is modified in a manner that could prevent fire department access. 18.2.3 Fire Department Access Roads. (*may be referred as FDAR) 18.2.3.1 Required Access. 18.2.3.1.1 Approved fire department access roads shall be provided for every facility,building, or portion of a building hereafter constructed or relocated. 18.2.3.1.2 Fire Department access roads shall consist of roadways, fire lanes,parking lots lanes, or a combination thereof. 18.2.3.1.3*When not more than two one-and two-family dwellings or private garages, carports, sheds, agricultural buildings, and detached buildings or structures 400ft2(37 m2)or less are present,the requirements of 18.2.3.1 through 18.2.3.2.1 shall be permitted to be modified by the AHJ. Michael Yee July 25,2018 Page 3 18.2.3.1.4 When fire department access roads cannot be installed due to location on property, topography,waterways, nonnegotiable grades, or other similar conditions, the AHJ shall be authorized to require additional fire protection features. 18.2.3.2 Access to Building. 18.2.3.2.1 A fire department access road shall extend to within in 50 ft(15 m)of at least one exterior door that can be opened from the outside that provides access to the interior of the building.Exception: 1 and 2 single-family dwellings. 18.2.3.2.1.1 When buildings are protected throughout with an approved automatic sprinkler system that is installed in accordance with NFPA 13,NFPA 13D, or NFPA 13R,the distance in 18.2.3.2.1 shall be permitted to be increased to 300 feet. 18.2.3.2.2 Fire department access roads shall be provided such that any portion of the facility or any portion of an exterior wall of the first story of the building is located not more than 150 ft (46 m)from fire department access roads as measured by an approved route around the exterior of the building or facility. 18.2.3.2.2.1 When buildings are protected throughout with an approved automatic sprinkler system that is installed in accordance with NFPA 13,NFPA 13D, or NFPA 13R,the distance in 18.2.3.2.2 shall be permitted to be increased to 450 ft(137 m). 18.2.3.3 Multiple Access Roads.More than one fire department access road shall be provided when it is determined by the AHJ that access by a single road could be impaired by vehicle congestion,condition of terrain, climatic conditions, or other factors that could limit access. 18.2.3.4 Specifications. 18.2.3.4.1 Dimensions.,, C- 18.2.3.4.1.1 FDAR shall have an unobstructed width of not less than 20ft with an approved turn around area if the FDAR exceeds 150 feet. Exception: FDAR for one and two family dwellings shall have an unobstructed width of not less than 15 feet, with an area of not less than 20 feet wide within 150 feet of the structure being protected.An approved turn around area shall be provided if the FDAR exceeds 250 feet. C-. 18.2.3.4.1.2 FDAR shall have an unobstructed vertical clearance of not less then 13ft 6 in. C� 18.2.3.4.1.2.1 Vertical clearances may be increased or reduced by the AHJ,provided such increase or reduction does not impair access by the fire apparatus, and approved signs are installed and maintained indicating such approved changes. Michael Yee July 25,2018 Page 4 18.2.3.4.1.2.2 Vertical clearances shall be increased when vertical clearances or widths are not adequate to accommodate fire apparatus. C--18.2.3.4.2 Surface. Fire department access roads and bridges shall be designed and maintained to support the imposed loads(25 Tons)of the fire apparatus. Such FDAR and shall be comprised of an all-weather driving surface. 18.2.3.4.3 Turning Radius. C— 18.2.3.4.3.1 Fire department access roads shall have a minimum inside turning radius of 30 feet, and a minimum outside turning radius of 60 feet. 18.2.34.3.2 Turns in fire department access road shall maintain the minimum road width. 18.2.3.4.4 Dead Ends. Dead-end fire department access roads in excess of 150 ft(46 m) in length shall be provided with approved provisions for the fire apparatus to turn around. 18.2.3.4.5 Bridges. 18.2.3.4.5.1 When a bridge is required to be used as part of a fire department access road, it shall be constructed and maintained in accordance with county requirements. 18.2.3.4.5.2 The bridge shall be designed for a live load sufficient to carry the imposed loads of fire apparatus. 18.2.3.4.5.3 Vehicle load limits shall be posted at both entrances to bridges where required by the AHJ. 18.2.3.4.6 Grade. C- 18.2.3.4.6.1The maximum gradient of a Fire department access road shall not exceed 12 percent for unpaved surfaces and 15 percent for paved surfaces. In areas of the FDAR where a Fire apparatus would connect to a Fire hydrant or Fire Department Connection,the maximum gradient of such area(s) shall not exceed 10 percent. 18.2.3.4.6.2*The angle of approach and departure for any means of fire department access road shall not exceed 1 ft drop in 20 ft(0.3 m drop in 6 m) or the design limitations of the fire apparatus of the fire department, and shall be subject to approval by the AHJ. 18.2.3.4.6.3 Fire department access roads connecting to roadways shall be provided with curb cuts extending at least 2 ft(0.61 m)beyond each edge of the fire lane. Michael Yee July 25,2018 Page 5 18.2.3.4.7 Traffic Calming Devices.The design and use of traffic calming devices shall be approved the AHJ. 18.2.33 Marking of Fire Apparatus Access Road. 18.2.3.5.1 Where required by the AHJ, approved signs or other approved notices shall be provided and maintained to identify fire department access roads or to prohibit the obstruction thereof of both. 18.2.3.5.2 A marked fire apparatus access road shall also be known as a fire lane. 18.2.4* Obstruction and Control of Fire Department Access Road. 18.2.4.1 General. 18.2.4.1.1 The required width of a fire department access road shall not be obstructed in any manner, including by the parking of vehicles. 18.2.4.1.2 Minimum required widths and clearances established under 18.2.3.4 shall be maintained at all times. 18.2.4.1.3* Facilities and structures shall be maintained in a manner that does not impair or impede accessibility for fire department operations. 18.2.4.1.4 Entrances to fire departments access roads that have been closed with gates and barriers in accordance with 18.2.4.2.1 shall not be obstructed by parked vehicles. 18.2.4.2 Closure of Accessways. 18.2.4.2.1 The AHJ shall be authorized to require the installation and maintenance of gates or other approved barricades across roads, trails, or other accessways not including public streets, alleys, or highways. 18.2.4.2.2 Where required, gates and barricades shall be secured in an approved manner. 18.2.4.2.3 Roads, trails, and other access ways that have been closed and obstructed in the manner prescribed by 18.2.4.2.1 shall not be trespassed upon or used unless authorized by the owner and the AHJ. 18.2.4.2.4 Public officers acting within their scope of duty shall be permitted to access restricted property identified in 18.2.4.2.1. Michael Yee July 25,2018 Page 6 18.2.4.2.5 Locks, gates,doors, barricades, chains, enclosures,signs, tags, or seals that have been installed by the fire department or by its order or under its control shall not be removed, unlocked, destroyed, tampered with, or otherwise vandalized in any manner. 18.3 Water Supplies and Fire Hydrants 18.3.1*A water supply approved by the county, capable of supplying the required fire flow for fire protection shall be provided to all premises upon which facilities or buildings, or portions thereof, are hereafter constructed,or moved into or within the county. When any portion of the facility or building is in excess of 150 feet(45 720 mm) from a water supply on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on- site fire hydrants and mains capable of supplying the required fire flow shall be provided when required by the AHJ.For on-site fire hydrant requirements see section 18.3.3. EXCEPTIONS: 1. When facilities or buildings,or portions thereof, are completely protected with an approved automatic fire sprinkler system the provisions of section 18.3.1 may be modified by the AHJ. 2. When water supply requirements cannot be installed due to topography or other conditions,the AHJ may require additional fire protection as specified in section 18.3.2 as amended in the code. 3. When there are not more than two dwellings, or two private garage, carports,sheds and agricultural. Occupancies, the requirements of section 18.3.1 may be modified by AHJ. 18.3.2* Where no adequate or reliable water distribution system exists, approved reservoirs, i pressure tanks, elevated tanks, fire department tanker shuttles,or other approved systems capable of providing the required fire flow shall be permitted. 18.3.3*The location,number and type of fire hydrants connected to a water supply capable of delivering the required fire flow shall be provided on a fire apparatus access road on the site of the premises or both;in accordance with the appropriate county water requirements. 18.3.4 Fire Hydrants and connections to other approved water supplies shall be accessible to the fire department. 18.3.5 Private water supply systems shall be tested and maintained in accordance with NFPA 25 or county requirements as determined by the AHJ. 18.3.6 Where required by the AHJ, fire hydrants subject to vehicular damage shall be protected unless located within a public right of way. • Michael Yee July 25, 2018 Page 7 18.3.7 The AHJ shall be notified whenever any fire hydrant is placed out of service or returned to service. Owners of private property required to have hydrants shall maintain hydrant records of approval,testing, and maintenance, in accordance with the respective county water requirements. Records shall be made available for review by the AHJ upon request. C� 18.3.8 Minimum water supply for buildings that do not meet the minimum County water standards: Buildings up to 2000 square feet, shall have a minimum of 3,000 gallons of water available for Firefighting. Buildings 2001-3000 square feet, shall have a minimum of 6,000 gallons of water available for Firefighting. Buildings, 3001- 6000 square feet, shall have a minimum of 12,000 gallons of water available for Firefighting. Buildings, greater than 6000 square feet, shall meet the minimum County water and fire flow requirements. Multiple story buildings shall multiply the square feet by the amount of stories when determining the minimum water supply. Commercial buildings requiring a minimum fire flow of 2000gpm per the Department of Water standards shall double the minimum water supply reserved for firefighting. Fire Department Connections(FDC)to alternative water supplies shall comply with 18.3.8 (1)- (6)of this code. NOTE: In that water catchment systems are being used as a means of water supply for firefighting, such systems shall meet the following requirements: 1) In that a single water tank is used for both domestic and firefighting water,the water for domestic use shall not be capable of being drawn from the water reserved for firefighting; 2) Minimum pipe diameter sizes from the water supply to the Fire Department Connection (FDC) shall be as follows: a) 4"for C900 PVC pipe; b) 4"for C906 PE pipe;- c) 3"for ductile Iron; d) 3' for galvanized steel. Michael Yee July 25,2018 Page 8 3) The Fire Department Connection(FDC) shall: a) be made of galvanized steel; b) have a gated valve with 2-1/2 inch,National Standard Thread male fitting and cap; c) be located between 8 ft and 16 ft from the Fire department access. The location shall be approved by the AHJ; d) not be located less than 24 inches, and no higher than 36 inches from finish grade, as measured from the center of the FDC orifice; e) be secure and capable of withstanding drafting operations. Engineered stamped plans may be required; f) not be located more than 150 feet of the most remote part,but not less than 20 feet, of the structure being protected; g) also comply with section 13.1.3 and 18.2.3.4.6.1 of this code. 4) Commercial buildings requiring a fire flow of 2000gpm shall be provided with a second FDC.Each FDC shall be independent of each other, with each FDC being capable of flowing 500gpm by engineered design standards. The second FDC shall be located in an area approved by the AHJ with the idea of multiple Fire apparatus'conducting drafting operations at once, in mind. 5) Inspection and maintenance shall be in accordance to NFPA 25. 6) The owner or lessee of the property shall be responsible for maintaining the water level, quality, and appurtenances of the system. EXCEPTIONS TO SECTION 18.3.8: 1) Agricultural buildings, storage sheds, and shade houses with no combustible or equipment p storage. 2) Buildings less than 800 square feet in size that meets the minimum Fire Department Access Road requirements. 3) For one and two family dwellings, agricultural buildings, storage sheds, and detached garages 800 to 2000 square feet in size, and meets the minimum Fire Department Access Road requirements, the distance to the Fire Department Connection may be increased to 1000 feet. 4) For one and two family dwellings, agricultural buildings, and storage sheds greater than 2000square feet,but less than 3000 square feet and meets the minimum Fire Department Access Road requirements, the distance to the Fire Department Connection may be increased to 500 feet. Michael Yee July 25, 2018 , Page 9 5) For buildings with an approved automatic sprinkler system,the minimum water supply required may be modified. If there are any questions regarding these requirements,please contact the Fire Prevention Bureau at(808) 323-4760. DARREN J. ROSARIO Fire Chief CB:ds • 1 DEPARTMENT OF LAND AND NATURAL RESOURCES ENGINEERING DIVISION LDJRusseil V. Tsuji Ref: Change of Zone Ordinance No. 99-42 (REZ No. 926) Submission of Overall Status Report, etc. Request for Clarification re: Time Extension COMMENTS The-rules and regulations of the National Flood Insurance Program (NFIP), Title 44 of the Code of Federal Regulations (44CFR), are in effect when development falls within a Special Flood Hazard Area(high risk areas). State projects are required to cdmply with 44CFR"regulations as stipulated in Section 60.12. Be advised that 44CFR reflects the minimum standards as set forth by the NFIP. Local community flood ordinances may • stipulate higher standards that can he more restrictive and would take precedence over the • minimum NFIP standards. The owner of the project property and/or their representative is responsible to research the Flood Hazard Zone designation for the project. Flood Hazard Zones are designated on FEMA's Flood Insurance Rate Maps (FIRM); which can be viewed on our Flood Hazard Assessment Tool (FHAT) (http://gis.haivaiinfip.org/FIIAT). If there are questions regarding the local flood ordinances, please contact the applicable .County NFIP coordinating agency below: o Oahu: City and County of Honolulu, Department of Planning and Permitting (808) 768-8098. o Hawaii Island: County of Hawaii. Department of Public Works (808) 961-8327. • o Maui/Molokai/Lanai County of Maui. Department of Planning (808)270-7253. o Kauai: County of Kauai, Department of Public Works (808) 241-4846. _:n L • Signed: % – 'ART'S' S. CHIEF ENGINEER — f Date: L/ t"-‘" Planning Dept. Exhibit d of k SUZANNE D.CASE OAVID Y.iGc '�'9 5;z"'? ^ CartIRRERSON nCARD OF LAND AND N,`:ruR.;L RESOURCES 999 0. GOVERNOR OF HAWAII +J i u COMtr-USS1ON ON WATER RESOURCE - 0 i, ,� '' - MANAGEMENT ,s,'' E`and and gym. �4� Y'''41 i \ r 7 `;•:,, D i 4STATE OF HAWAII areal x 3" DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION POST OFFICE BOX 621 HONOLULU,HAWAII 96809 July 25, 2018 MEMORANDUM) = {cf. Div. of Aquatic Resources _- _)Div.of Boating &Ocean Recreation - - -. X Engineering Division - X Div. of Forestry&Wildlife Div. of State Parks X Commission on Water Resource Management X Office of Conservation &Coastal Lands ' X Land Division—Hawaii District X Historic Preservation /72' OM: Russell Y.Tsuji, Land Administrator SUBJECT: Change of Zone Ordinance No. 99-42 (RF7 No. 926) Submission of Overall Status Report, etc. Request for Clarification re Time Extension LOCATION: Kaupulehu, North Kona, Island of Hawaii; TMK: (3)7-2-Various APPLICANT: KD Acquisition, LLP P and Hualalai Investors, LLP Transmitted for your review and comment is information on the above-referenced subject matter. We would appreciate your comments by August 14,2018. If no response is received by this date, we will assume your agency has no comments. If you have any questions about this request, please contact Darlene Nakamura at 587-0417. Thank you. ( ) We have no objectk s ( We have no o ;♦-n it_ (Y ) Comment-. 4 Signed: i_y.1 iiiit Print Narn AVID(;.SMITF1. Adroitlictrvitnr Date: S lit)I i Attachments cc: Central Files Planning epte Exhibit SUZANNE D.CASE 0 Y" CKAANX PERSON DAVID Y.IGE / £..• ••h_f..y HOARD OF LAND D NATURAL RESOURCES �AQ; 95S;•. COh34SSION ON WATER RESOURCE MANAGN,4UN7 GOVERNOR OF HAWAII • N p ROBERT K.MASUDA FEIST DEPUTY .r ": Fye'.. r .�„ t R r^^< �'! �( r 3} JEFFREY T.PEARSON,P.E. .��} �'C'` j�� L DEEM DIRECTOR•WATER �� "-G-?syr '✓�, AQUATIC RESOURCES -�. FOALING AND OCEAN RECREP:RON � (Y DU.4EP.0 OS CONVEYANCES i,P STATE OF HAWAII CONLYIISSONON WATER RESOURCELtANAGENTNT CONSERVATION AND COASTAL LANDS N��A1e CONSERVATION AND RESOURCES ENFORCEMENT DEPARTMENT OF LAND AND NATURAL RESOURCES ENGQ.EERPIG FORES7RY AND WED= DIVISION OF FORESTRY AND WILDLIFE HISTORIC FRESER RADON 1151 PUNCHBOWL STREET,ROOM 325 RAEiOOL.VA ISLA`,DyRESERVE CONDJUSION HONOLULU,HAWAII 96813 STATE PARKS MEMORANDUM TO: Russell Y. Tsuji, Administrator Land Administrator • FROM: David G. Smith,Administrator `7,5 • SUBJECT: Change of Zone Ordinance No. 99-42 (REZ No. 926) Thank you for the opportunity to review and comment on the above-referenced subject matter. We have no objections regarding the overall status report and are encouraged by community benefits and public access amenities that are currently in place which include 2 public parking lots and 77 parking stalls available for public. We look forward to the opening of the Interpretive Center once the Long-term Preservation Plan is approved by SHPD for the Kalaemano Cultural Preserve. Should you need more information, please contact Steve Bergfeld, DOFAW Hawaii District Manager at (808) 974-4221. a. A CKDAcquisitionsREZ926AmendConditionNAmend.c rk.10.15.18 KD ACQUISITION,LLLP AND HUALALAI INVESTORS,LLP (FORMERLY KAUPULEHU DEVELOPMENTS) AMENDMENT TO PROJECT DISTRICT ORDINANCE NO. 99 42 (REZ 926) AMENDMENT TO CONDITION N N. Access(es) to the project site shall meet with the approval of the Departments of Transportation-Highways Division and Public Works as follows: 1. If warranted, a fully channelized intersection improvements, including but not limited to traffic lights and/or an overpass or underpass, shall be provided meeting with the approval of the Department of Transportation prior to initial occupancy of residential units gaining access from the respective intersection. The cost of such improvements shall be borne by the applicant to the extent of the project's projected traffic impacts and may be credited to or deducted from the applicant's fair share contribution for road and traffic improvements, as required under Condition W. 2. A traffic monitoring program at the intersection of Queen Kaahumanu Highway shall be submitted to and approved by the State Department of Transportation, Highways Division, prior to receiving final plan approval for any portion of the proposed development. If additional intersection improvements such as a fully channelized intersection with acceleration/deceleration lanes, an under pass, or overpass, are required as determined by the findings of subsequent monitoring and analysis, the applicant shall provide the improvements to the extent of the project's projected traffic impacts in conformance with the requirements of the State Department of Transportation, Highways Division. 3. All internal roadways within the proposed development shall be constructed in accordance with the Resort Standards or other applicable provisions of the Zoning Code and the Subdivision Code. 4. A roadway connection to the adjacent property along the southwestern boundary shall be provided meeting with the approval of the Department of Public Works. 9 • 5. No lots shall have direct access from the Queen Kaahumanu Highway except through an access point approved by the State Department of Transportation. 6. The applicant shall provide an updated Traffic Impact Analysis Report (TIAR) and Traffic Signal Warrant Study if and when required by the State Department of Transportation. RKDAcquisitionsREZ926Amend.crk.10.8.18 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION KD ACQUISITION, LLLP AND HUALALAI INVESTORS, LLP (FORMERLY KAUPULEHU DEVELOPMENTS) AMENDMENT TO PROJECT DISTRICT ORDINANCE NO. 99 42 (REZ 926) The applicants' request is twofold: First, the applicants are requesting a determination from the Planning Commission and County Council if a formal request for a time extension of the 20-year development period articulated in Condition B (Development Period) is needed. Condition B states: "This project area shall be called the Kaupulehu Project District. The development period for the Kaupulehu Project District will be 20 years from the effective date of approval of the Project District Ordinance. " Second, if the County Council determines a time extension to Condition B is needed, the applicants are requesting a 20-year time extension to allow the completion of remaining development activities on the subject parcels. According to the applicants, the 20-year development period for the Kaupulehu Project District comes from a representation made in the Project District Application in 1998 that, "Full buildouts of the project is expected over 20 years..." The applicants believe that the inclusion of the 20-year development period condition was likely only intended to allow the Planning Department, Planning Commission and County Council an opportunity to review the overall progress of project development after 20 years as required by Condition BB of Project District Ordinance No. 99 42, which reads: "Twenty (20)years from the effective date of the Kaupulehu Project District Ordinance, the applicant shall submit an overall status report of the project, including the percentage of completed development. The Planning Director shall also provide an assessment of the development of the Project District and its compliance with conditions of approval for transmittal to the Planning Commission for their review and recommendation and then forwarded to the County Council for their review and action. " The applicants believe that if the Planning Department, the Planning Commission and County Council, intended for the applicants to apply for a formal time extension of the 20-year -1- development period, Condition BB of Project District Ordinance No. 99 42, would not have been I included as a condition of approval. Rather, the ordinance would have specifically required the processing of a formal time extension request before the Planning Commission and County Council, instead of requiring the submittal of an overall progress report for review and action. Furthermore, the applicants note that Project District Ordinance No. 99 42 lacks the standard condition of approval generally afforded to all new Change of Zone/Project District Ordinances, which provides an applicant a one-time opportunity to apply for an administrative time extension by the Planning Director. The applicants believe that this condition was omitted inadvertently, citing other Project District ordinances adopted during the same time period which included this condition. Moreover, the applicants feel that the based on the development completed to date, there is no compelling reason for requiring the processing of a formal time extension to the 20-year development period. • With the applicants' position in mind, Staff conducted a thorough review of the record, including the original application, correspondences, background and recommendation reports, meeting minutes/transcripts of both the Planning Commission and County Council hearings and found that: • There was no clear rationale for limiting the development period to 20 years; • There was no definition of what would constitute a completed development nor any guidance what to do at the end of the 20-year development period (i.e. reversion, time extension, etc.); • The was no apparent rationale for the requirement of an overall status report at the 20-year mark; • There were no criteria against which the County Council should review the Planning Director's assessment of the overall status report nor any guidance on which actions the County Council should take.; and • There was no justification for omitting the standard administrative time extension condition for this project. With the absence of clear guidance in the record, the Planning Director finds it prudent to analyze the applicants' overall status report to determine completeness of the project within the 20-year development period and its compliance with conditions of approval as directed by the by Condition BB of the subject Project District Ordinance. What follows is the Planning Director's -2- assessment of the completeness of development of the Kaupulehu Project District and a recommendation to the Planning Commission on next steps. Project District Ordinance 99 42 rezoned 1,078.634 acres from Open to Project District for the development of a resort/residential community consisting of 530 single-family home and 500 low-rise, multiple-family units, 36-holes of golf, a golf clubhouse, an 11-acre neighborhood commercial center with 45,000 square feet of leasable space, a 3-acre residents/members recreation club and a 70-acre area for public shoreline public access facilities, other recreational uses and cultural activities. To date, the applicants have developed approximately 582.030 acres of land (constituting approximately 54% of the land covered by Project District Ordinance 99 42) including the spine infrastructure, water and wastewater systems, public access amenities and 170 residential units within the Lot 4-A (Kaupulehu) and Lot 4-B (Hualalai Resort) development areas. Approximately 384.094 acres within Lot 4-A have been developed, including 80 single- family residential lots and associated subdivision improvements (roadways and utilities), the Kaupulehu Beach Club, set-asides for the Coastal Planning Areas, which includes the Kalaemano Cultural Preserve, the Interpretive Center and the Kaupulehu private wastewater treatment plant. The applicants intend to develop an additional 425 single and multiple-family residential units within Lot 4-A over the next 20 years, based on current market demand. In addition, the applicants plan to develop an 18-hole golf course and golf clubhouse, and commercial/retail opportunities in lot 4-A over the next 20 years. Approximately 217.394 acres within Lot 4-B have been developed, including 76 single- family residential lots, 3 multiple-family residential lots, and 20 multiple- family residential units and associated subdivision improvements (roadways and utilities) in addition to the back 9 golf holes of the Keolu Golf Course. The applicant anticipates the development of approximately 25 more residential units within Lot 4-B over the next 2 to 3 years. Public access improvements include completion of a public access plan, installation of public access improvements and provision of 77 public access stalls available for public use. In addition, the applicants have constructed a 900 square-foot Interpretive Center in 2009, which is intended to provide a place where the public could obtain educational information on the sensitive cultural, natural, and shoreline resources found within the Kalaemano Cultural -3- 1 1 1 Preserve. Use of the interpretive Center is currently restricted to cultural practitioners, the area's lineal descendants, and guided tours for schools and other groups by appointment only. The applicants plan to open the Interpretive Center to the public once State Historic Preservation Division approves the Long-Term Preservation Plan for the Kalaemano Culture Preserve. With respect to condition compliance, the applicants have complied with several conditions of approval (i.e. Condition E. Coastal Planning Area, Condition L. Water Source Identification, Condition P. Emergency Preparedness Plan, Condition Q. Solid Waste Management Plan, Condition S. Public Access Plan, Condition T. Affordable Housing, and Condition U. Integrated Resource Management Plan.). However, the majority of the conditions of approval are on-going and will continue until the development is complete over the next 20 years. Based on the preceding discussion, while the applicants have diligently developed the project development area over the past 19 years, it is clear that there is still significant development work required in order for the project to be deemed complete. For example, to date, the applicants have only completed 23% of the proposed dwelling units for the project(170 of a proposed 727 dwelling units). Additionally, the applicants' own estimates indicate that full build out of Lot 4-A will continue through several development increments and will not be completed for another 20 years, based on current market demand. As such, the Director recommends that the Planning Commission and County Council grant a 20-year time extension to Condition B (Development Period) to allow the completion of remaining development activities on the subject parcels. Upon careful review of the applicants' request against the guidelines for granting an amendment to a Change of Zone, the Planning Director recommends that the Planning Commission approve the request for a 20-year time extension to comply with Condition B (Development Period) of Project District Ordinance No. 99 42. Since this recommendation is made without the benefit of public testimony, the Planning Director reserves the right to modify and/or amend this position based on additional information presented at the public hearing. This approval recommendation is based on the following findings: The applicant is requesting a 20-year extension of time to Condition B (Development Period) of Project District Ordinance No. 99 42, which rezoned 1,078.634 acres from Open to Project District. Condition No. B currently states: -4- "This project area shall be called the Kaupulehu Project District. The e development period for the Kaupulehu Project District will be 20 years from the effective date of approval of the Project District Ordinance. " The non-performance is the result of conditions that could not have been foreseen or are,beyond the control of the applicant, successors or assigns, and that are not the result of their fault or negligence. As discussed above, the applicants have been diligently developing Lot 4-A and Lot 4-B over the last 19 years. The original applicant anticipated a 20-year development period at the time of application, however, given the complexity of developing such a large project and the 2008 recession, the applicants were unable to meet that deadline. The project has seen consistent growth and investment over the years, including the development of the required infrastructure; spine roads, water supply, sewage treatment, power supply, and grading and excavation; all of which will meet the future needs of the community. The majority of Lot 4-B has been completed with the remaining dwelling units to be complete within 2 to 3 years and the applicants estimate that future phases of Lot 4-A development will be complete over the next 20 years, based on current market demand. The Director deems Condition BB satisfied and therefore is recommending the removal of that condition. The applicants will still be compelled to provide the Planning Department with an Annual Progress Report as required in Condition AA. Moreover, the Planning Director is recommending adding the standard time extension condition, which provides guidance on how to request additional time, if needed. Granting of the time extension would not be contrary to the General Plan or the Zoning Code or for the original reasons for granting the permit. The LUPAG designation for the subject parcel is Resort Node and the Project District zoning allows for a mixture of residential, resort, commercial and recreational uses. Moreover, the project continues to be consistent with goals, policies and actions articulated in the Land Use and Economic elements of the General Plan. In addition, land use policies in the ti 2008 Kona Community Development Plan(KCDP), direct urban growth into compact, mixed-use communities that provide a mix of uses, services and amenities in the same development. The Kaupulehu Project District is guided by Director approved Master Plans that are consistent with this preferred development pattern. -5- The original reasons for the approval of the Project District Ordinance are still applicable, and the time extension request is not contrary to these reasons. The proposed uses continue to be an appropriate use of lands within the Project District and the remaining development is consistent with the surrounding land use pattern. Moreover, the infrastructures and facilities will remain privately developed and managed, so continued development will not place undue burden on the County to provide those services. Plans for future development of the Property have not significantly changed since the Planning Commission and County Council originally approved the subject ordinance, so the requested amendment would not be contrary to the original reasons for granting Project District Ordinance 99 42. Lastly, this approval is made with the understanding that the applicant remains responsible for complying with all other applicable governmental requirements in connection with the approved use, prior to its commencement or establishment upon the subject properties. Additional governmental requirements may include the issuance of building permits, compliance with the Fire Code, installation of improvements required by the American with Disabilities Act(ADA), among many others. Compliance with all applicable governmental requirements is a condition of this approval; failure to comply with such requirements will be considered a violation that may result in enforcement action by the Planning Department and/or the affected agencies. Based on the preceding, the Planning Director recommends that a favorable recommendation be forwarded to the County Council to amend Project District Ordinance No. 99 42. In addition, the Planning Director recommends revision of some existing conditions in the ordinance to reflect current standard language for conditions of approval. The accompanying draft bill reflects these recommendations and changes. Material to be deleted is bracketed and struck-through; new material is underscored. -6- L4oJ�`�9F ••S COUNTY OF HAWAII :- % _ : - STATE OF HAWAII ' 'Tf•OFHP�. BILL NO. ORDINANCE NO. (1kAlag tEpr) AN ORDINANCE AMENDING ORDINANCE NO. 99 42 WHICH RECLASSIFIED LANDS FROM OPEN (0) TO PROJECT DISTRICT (PD) AT KAUPULEHU,NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-2-003:PORTION OF 1. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 3 of Ordinance No. 99 42 is amended as follows: "SECTION 3. This change in district classification is conditioned upon the following:] � P In accordance with Section 25-2-44, Hawai`i County Code 1983 (2016 Edition, as amended), the County Council finds the following conditions are: (1) Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or (2) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (A) Protection of the public from the potentially deleterious effects of the proposed use, or (B) Fulfillment of the need for public service demands created by the proposed use. INSERT CONDITIONS" SECTION 2. Material to be repealed is bracketed and stricken. New material is underscored. SECTION 3. Severability. If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. SECTION 4. This ordinance shall take effect upon its approval. • INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII , Hawai`i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: -2- C 27,534.29 N - / . 2 ti 04,555.18 W . ► a mac., & 'AKAHIPUU- & v •� i /• /, IOPEN TO .•o i' / PROJECT DISTRICT v .Gross Area = 1117.700 ACRES _ _ Less Exclusions = 39.066 ACRES ""2.2 V'1 '''7•' NET AREA = 1078.634 A RES f L�� - 41/1:" fo ` • r � rP � r� EXCLUSION v 37.064 ACRES o 4� em-lo 0 04 ° EXCLUSION 2 0 J t €. Kul-�• 2.002 ACRES •' 27,534.29 N ._ 4,555.18 w 0 I 1 • .AKAHIPUU- 0 0 ir.u•ro O . • 0 O acC7o Karluo - QUEEN HIGHWAY To Wolkoloo KAAHUMANU v 22.391.70 N 3.282.86 W "AKAHIPUU" d a 0 AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-2 (NORTH AND SOUTH KONA DISTRICTS ZONE MAP) ARTICLE 8 CHAPTER 25, (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM OPEN TO PROJECT DISTRICT AT KAUPULEHU, NORTH KONA, HAWAII. PREPARED BY : PLANNING DEPARTMENT COUNTY OF HAWAII MAK : 7-2-03: PORTION OF 1 OCTOBER 14. (K..uPUL£r+u DEVELOP' EXHIBIT ..A.. FOR REFERENCE ONLY CKDAcquisitionsREZ926Amend.crk.10.5.18 KD ACQUISITION,LLLP AND HUALALAI INVESTORS, LLP (FORMERLY KAUPULEHU DEVELOPMENTS) AMENDMENT TO PROJECT DISTRICT ORDINANCE NO. 99 42 (REZ 926) CONDITIONS OF APPROVAL A. The applicant, successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. This project area shall be called the Kaupulehu Project District. The development period for the Kaupulehu Project District will be 20 years from the effective date of approval of [the] this amended Project District Ordinance. C. The Kaupulehu Project District shall consist of not more than 1,078.634 acres with 869.698 acres for Residential, golf course and ancillary related development; 197.936 acres for the "Urban" Coastal Planning Area and 11 acres for Commercial development. Any amendment to these acreages shall require an amendment to the Kaupulehu Project District Ordinance. D. The maximum number of units to be allowed within the Kaupulehu Project District shall be 1,030 units. Any increase in the number of units shall require an amendment to the Kaupulehu Project District Ordinance. E. There shall be no residential, commercial or similar type developments in the Coastal Planning Area other than those specified in the Integrated Resources Management Plan. The Coastal Planning Area shall be described by metes and bounds, and the restrictions shall be specified in the covenant(s) in the property deed. A copy of the metes and bounds, and proposed covenant(s) to be recorded with the Bureau of Conveyances shall be submitted to the Planning Director for review and approval prior to the issuance of Final Subdivision Approval or Final Plan Approval or land alteration activities, whichever occurs first. A copy of the approved covenant(s) shall be recited in an instrument executed by the applicant and the County and recorded with the Bureau of Conveyances prior to the issuance of Final Subdivision Approval or Final Plan Approval or land alteration activities, whichever occurs first. F. The applicant shall disclose to all potential buyers of lots or units within the proposed project that internal infrastructure and community facilities shall be developed and maintained privately and that the County is not obligated to construct any public facilities within the project area. G. The following permitted uses as defined in Chapter 25 (Zoning Code) Ordinance No. 96-160 are to be allowed in the Kaupulehu Project District within the 869.698 acres for Residential, golf course and ancillary related development and the 11 acres for Commercial development: 1. Amusement and recreation facilities, indoor. 2. Art galleries, museums. 3. Automobile service stations. 4. Bars. 5. Business services. 6. Churches, temples and synagogues. 7. Day care centers. 8. Convenience stores. 9. Community buildings. 10. Display for products sold elsewhere 11. Dwellings, single-family. 12. Dwellings, double-family or duplex. 13. Dwellings,.multiple-family. 14. Farmers Market. 15. Financial institutions. 16. Golf courses and related golf course uses, including golf driving ranges, golf maintenance buildings and golf club houses. 17. Home Occupations as permitted within Section 25-4-13 of the Zoning Code. 18. Major outdoor amusement and recreation facilities. 19. Medical clinics. 20. Meeting facilities. 21. Model homes. 22. Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar neighborhood recreational areas and uses. 23. Offices. • 24. Personal services. 25. Photography studios. 26. Public and private utility uses and structures. 27. Restaurants. 28. Retail establishments. 29. Schools. 30. Telecommunication antennas and towers as permitted under Section 25-4-12 of the Zoning Code. 31. Temporary real estate offices as permitted by Section 25-4-8 of the Zoning Code. 32. Theaters. 33. Time share units. 34. Utility substations, wastewater treatment plants, landscaping and vehicle maintenance service yards. 35. Visitor Information Center. 36. Any uses similar in nature to the above permitted uses shall be permitted upon submittal of a request by the applicant and approved by the Planning Director. 37. Buildings and uses normally considered directly accessory to the uses permitted in this section shall also be permitted. H. The following designstandards shall apply: 1: Landscaping for the development shall comply with the Planning Department's Rule No. 17, Landscaping Requirements. 2. The minimum building site area shall be 7,500 square feet which may include flag lots. 3. The maximum allowable height limit for Single Family Residential units shall be thirty-five feet. 4. The maximum allowable height limit for Multiple Family Residential and Commercial hall t. 5. The minimumdeveaveragelopments lot widthssbe shall45 feebe determined by the applicant in conjunction with its development plans. 6. The minimum yards in the Kaupulehu Project District shall be as follows: a. Residential Development (1) Front and rear yards, fifteen feet; and (2) Side yards, eight feet. b. Commercial Development (1) Front and rear yards, fifteen feet; and (2) Side yards, none, except where the adjoining building site is a residential development site, when the side yard adjoins the side yard of a residential development site, there shall be a minimum side yard of eight feet. 7. Exceptions to the regulations for the Project district regarding heights, building site areas, and yards, may be approved by the director within a planned unit development, or cluster plan development. 8. The minimum off-street parking and loading space requirements for the Kaupulehu Project District will comply with the minimum standards as required by the Zoning Code, including compliance with the American Disabilities Act (ADA) requirements. Final Subdivision or Final Plan Approval, whichever is applicable, shall be secured from the Planning Director for any of the above uses prior to the issuance of any land alteration permits for any development phase in the Kaupulehu Project District. J. Construction of the residential units, commercial development, golf course and other related improvements shall commence only after Final Subdivision Approval and Final Plan Approval has been secured. K. The applicant shall provide assurance satisfactory to the Department of Water Supply and the.Planning Director, upon consultation with the State Department of Health and Department of Land and Natural Resources, that water sources of sufficient quality and quantity has been established. Such satisfactory assurance can be met by the actual drilling and testing of a well site of the water source or by the submittal of a hydrological study certifying that a water sources of sufficient quality and quantity can be established at the designated locations. L. Upon compliance with Condition K, the actual development of the water source and its water transmission and distribution system shall be developed in conjunction with the subdivision approval process. Final inspection to the residential structures shall not be issued until the approved water source is developed and its transmission and distribution system for such source to the subject property has been constructed. Residential building permits may be issued for model home complexes,provided that such model homes will not be occupied until the approved water source is developed. M. The interior roadway requirements for the Kaupulehu Project District shall be designed to resort standards as allowed by the Subdivision Code and as represented in Section 3.3.1 of the applicant's Project District Application. N. Access(es) to the project site shall meet with the approval of the Departments of Transportation-Highways Division and Public Works as follows: 1. If warranted, a fully channelized intersection improvements, including but not limited to traffic lights and/or an overpass or underpass, shall be provided meeting with the approval of the Department of Transportation prior to initial occupancy of residential units gaining access from the respective intersection. The cost of such improvements shall be borne by the applicant to the extent of the project's projected traffic impacts and may be credited to or deducted from the applicant's fair share contribution for road and traffic improvements, as required under Condition W. 2. A traffic monitoring program at the intersection of Queen Kaahumanu Highway shall be submitted to and approved by the State Department of Transportation, Highways Division, prior to receiving final plan approval for any portion of the proposed development. If additional intersection improvements such as a fully channelized intersection with acceleration/deceleration lanes, an under pass, or overpass, are required as determined by the findings of subsequent monitoring and analysis, the applicant shall provide the improvements to the extent of the project's projected traffic impacts in conformance with the requirements of the State Department of Transportation, Highways Division. 3. All internal roadways within the proposed development shall be constructed in accordance with the Resort Standards or other applicable provisions of the Zoning Code and the Subdivision Code. 4. A roadway connection to the adjacent property along the southwestern boundary shall be provided meeting with the approval of the Department of Public Works. 5. No lots shall have direct access from the Queen Kaahumanu Highway except through an access point approved by the State Department of Transportation. O. A detailed drainage study shall be prepared and submitted for review and approval to the Department of Public Works prior to submittal of plans for Subdivision and/or Plan Approval review of the residential, commercial and golf courses subdivisions. The Study shall take into consideration the tile drainage system, retention basins and 'reduced turf design to be incorporated into the golf courses. A drainage system for each phase of development in the project area shall be installed meeting with the approval of the Department of Public Works, prior to issuance of Final Subdivision Approval, a Certificate of Occupancy or golf course opening, whichever occurs first. P. An Emergency Preparedness and Response Plan shall be submitted for review by the Planning Department in consultation with the Fire Department and the Civil Defense Agency prior to the issuance of a certificate of Occupancy for any residential unit. The plan shall be limited to a review of the emergency roadway network and emergency contact people or association. Q. A Solid Waste Management Plan shall be prepared meeting with the approval of the Department of Public Works prior to submitting plans for subdivision approval. Approved recommendations and mitigation measures shall be implemented in a manner meeting with the approval of the Department of Public Works. R. A wastewater treatment system shall be constructed to service the residential and commercial developments meeting with the approval of the Department of Health. S. A final comprehensive public access plan, to be developed in consultation with community groups and in accordance with applicable conditions of approval of the Land Use Commission Decision and Order (Docket No. A93-701), shall be submitted to the Planning Director and shall include mauka-makai and lateral shoreline accesses, description of trail width and surfacing, parking area(s), signage, emergency response • considerations, restrictions on use (if any), provision of recreational and restroom facilities at appropriate locations, and related improvements. Implementation of the public access plan shall be completed with the opening of the golf course. T. To ensure that the goals and policies of the Housing Element of the General Plan are implemented, the applicant shall comply with the requirements of Chapter 11, Article 1, Hawaii County Code, relating to Affordable Housing. This requirementshall be approved by the County Housing Agency prior to Final Subdivision Approval of any portion of the residential area. U. Integrated Resources Management Plan dated June 1998 or any amendments approved thereafter by affected agencies shall be made a part of this ordinance as Appendix A. The implementation recommendations and management guidelines shall govern the use of the Coastal Planning Area and other resources. V. [- -- - ., . . - - - . - - . .. deposits, human burials, rock or coral aligmnents, pavings or walls be encountered, work Resources Historic Preservation Division(DLNR HPD) and the Hawaii Island Burial Council, if applicable, shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR HPD and/or the Burial Council when it is found that sufficient mitigative measures have been taken.] In the unlikely event that surface or subsurface historic resources, including human skeletal remains, structural remains (e.g. rock walls, terraces, platforms, etc.), cultural deposits,marine shell concentrations, sand deposits, or sink holes are identified during the demolition and/or construction work, cease work in the immediate vicinity of thefind, protect the find from additional disturbance and contact the State Historic Preservation Division at (808) 933-7651. W. [The applicant shall make its fair share contribution to mitigate potential regional impacts . . - - . ... , •• . . - .-, .. . . . is the product of multiplying the number of residential lots proposed to be subdivided by • proposed residential lots in each such increment. The fair share contribution, in a form of • - „ - - - - - - - - - - - - - v with the affected agencies, shall be determined by the County Council. The fair share _ - . . _ - • total of fair share contribution for 500 multiple family residential units is $2,322,645.00 and 530 single family residential units is $3,836,754.80 whichever is applicable. Condition W. The fair share contribution shall be allocated as follows: 1. $2,291.39 per multiple family residential unit for an indicated total of $1,145,695.00 and $3,190.85 per single family residential unit for an indicated - improvements and facilities; . . •, - and $168.10 per single family residential unit for an indicated total of$89,252.00 to the County to support police facilities; 3. $222.77 per multiple family residential unit for an indicated total of$111,385.00 _ . . _ . 1. $99.29 per multiple family residential unit for an indicated total of$49,645.00 - - -- ' 5. $1,959.12 per multiple family residential unit for an indicated total of I I I I • - • • _ - ' 1111 . 1 - - 7' 7' . . -. . . ... ... . . -- - years after the effective date of the change of zone, based on the percentage change in the Honolulu Consumer Price Index (HCPI). In lieu of paying the fair share contribution, the applicant may construct and contribute improvements/facilities related to parks and recreation, fire, police, solid waste disposal facilities, and roads within the region of providing and constructing the improvements required in Conditions M and N shall be For purposes of administering Condition W, the fair market value of land contributed or the cost of any improvements required or made in lieu of the fair share contribution shall be subject to review and approval of the director, upon consultation with the appropriate agencies. Upon approval of the fair share contributions or in lieu contributions by the director, the director shall submit a final report to the Council for its information that identifies the specific approved fair share and/or in lieu contributions, as allocated, and further implementation requirements.] The applicant shall make its fair share contribution to mitigate the potential regional impacts of the property with respect to parks and recreation, fire, police, solid waste disposal facilities and roads for the additional lots to be created. The fair share contribution shall become due and payable prior to receipt of Final Subdivision Approval. The fair share contribution shall be based on the actual number of additional lots created. The fair share contribution in a form of cash, land, facilities or any combination thereof shall be determined by the County Council. The fair share contribution may be adjusted annually beginning three years after the effective date of this ordinance, based on the percentage change in the Honolulu Consumer Price Index (HOPI). The fair share contribution shall have a combined value of$9,195.34 per multiple family residential unit ($14,329.89 per single family residential unit). The total amount shall be determined with the actual number of units according to the calculation and payment provisions set forth in this condition. The fair share contribution per single family residential unit shall be allocated as follows: 1. $4,535.80 per multiple family residential unit$6.910.13 per single family residential unit) to the County to support park and recreational improvements and facilities; 2. $143.36 per multiple family residential unit $333.35 per single family residential unit) to the County to support police facilities; 3. $440.97 per multiple family residential unit $658.40 per single family residential unit) to the County to support fire facilities; 4. $196.54 per multiple family residential unit $288.25 per single family residential unit) to the County to support solid waste facilities; and 5. $3,878.67 per multiple family residential unit $6,139.77 per single family residential unit) to the County to support road and traffic improvements. In lieu of paying the fair share contribution, the applicant(s) may contribute land and/or construct improvements/facilities related to parks and recreation, fire, police, solid waste disposal facilities and roads within the region impacted by the proposed development, subject to the review and recommendation of the Planning Director, upon consultation with the appropriate agencies and approval of the County Council. X. Should the Council adopt a Unified Impact Fee Ordinance setting forth criteria for imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fee Ordinance. Y. Comply with all other applicable laws, rules, regulations and requirements of affected agencies for approval of the proposed development within the subject property. Z. The applicant shall comply with all other applicable requirements of the Land Use Commission conditions of approval and a copy of the written documentation of compliance with these conditions shall also be submitted to the Planning Director. AA. An annual progress report shall be submitted to the Planning Director prior to each anniversarydate of the approval of this District Ordinance. The report shall pp ProjectP address in detail the status of the development, the number of units constructed, the compliance with the conditions of approval of both this ordinanceand the State Land Use Commission conditions. This condition shall remain in effect until all of the conditions of approval have been complied with and the Director acknowledges that further reports are not required. BB. [Twenty(20) years from the effective date of the Kaupulehu Project District Ordinance, the applicant shall submit an overall status report of the project, including the percentage of the completed development. The Planning Director shall also provide an assessment of the development of the Project District and its compliance with conditions of approval for transmittal to the Planning Commission for their review and recommendation and then forwarded to the County Council for their review and action.] If the applicants should require an additional extension of time, the Planning Director shall submit the applicants' request to the Planning Commission and the Hawai`i County Council for appropriate action. CC. Should any of the conditions not be met or substantially complied with in a timely fashion, the Director may initiate rezoning of the subject area to its original or more appropriate designation. CKDAcquisitionsREZ926AmendConditio nNAmend.crk.10.15.18 KD ACQUISITION, LLLP AND HUALALAI INVESTORS, LLP (FORMERLY KAUPULEHU DEVELOPMENTS) AMENDMENT TO PROJECT DISTRICT ORDINANCE NO. 99 42 (REZ 926) AMENDMENT TO CONDITION N N. Access(es) to the project site shall meet with the approval of the Departments of Transportation-Highways Division and Public Works as follows: 1. If warranted, a fully channelized intersection improvements, including but not limited to traffic lights and/or an overpass or underpass, shall be provided meeting with the approval of the Department of Transportation prior to initial occupancy of residential units gaining access from the respective intersection. The cost of such improvements shall be borne by the applicant to the extent of the project's projected traffic impacts and may be credited to or deducted from the applicant's fair share contribution for road and traffic improvements, as required under Condition W. 2. A traffic monitoring program at the intersection of Queen Kaahumanu Highway shall be submitted to and approved by the State Department of Transportation, Highways Division, prior to receiving final plan approval for any portion of the proposed development. If additional intersection improvements such as a fully channelized intersection with acceleration/deceleration lanes, an under pass, or overpass, are required as determined by the findings of subsequent monitoring and analysis, the applicant shall provide the improvements to the extent of the project's projected traffic impacts in conformance with the requirements of the State Department of Transportation, Highways Division. 3. All internal roadways within the proposed development shall be constructed in accordance with the Resort Standards or other applicable provisions of the Zoning Code and the Subdivision Code. 4. A roadway connection to the adjacent property along the southwestern boundary shall be provided meeting with the approval of the Department of Public Works. 5. No lots shall have direct access from the Queen Kaahumanu Highway except through an access point approved by the State Department of Transportation. 6. The applicant shall provide an updated Traffic Impact Analysis Report (TIAR) and Traffic Signal Warrant Study if and when required by the State Department of Transportation. KD ACQUISITIONS , LLLP & HUALALAI INVESTORS , LLP ( FORMERLY KAUPULEHU DEVELOPMENTS ) AMENDMENT TO PROJECT DISTRICT ORDINANCE NO. 99 42 ( REZ 926) p( Ito si •''''•;')'''','2.'''-401, ' • 1 S i LOCATION MAP THE APPLICANT IS REQUESTING: ■ A DETERMINATION FROM THE PLANNING COMMISSION AND COUNTY COUNCIL IF A FORMAL REQUEST FOR A TIME EXTENSION OF THE 20-YEAR DEVELOPMENT PERIOD ARTICULATED IN CONDITION B (DEVELOPMENT PERIOD) r/3 IS NEEDED. CONDITION B STATES: W "THIS PROJECT AREA SHALL BE CALLED THE KAUPULEHU PROJECT DISTRICT. THE DEVELOPMENT PERIOD FOR THE KAUPULEHU PROJECT DISTRICT WILL BE Ce 20 YEARS FROM THE EFFECTIVE DATE OF APPROVAL OF THE PROJECT DISTRICT ORDINANCE. " • IF THE COUNTY COUNCIL DETERMINES A TIME EXTENSION TO CONDITION B IS 14( NEEDED, THE APPLICANTS ARE REQUESTING A 20-YEAR TIME EXTENSION TO ALLOW THE COMPLETION OF REMAINING DEVELOPMENT ACTIVITIES ON THE SUBJECT PARCELS. a. REASON FOR THE REQUEST: • THE APPLICANTS BELIEVE THE 20-YEAR DEVELOPMENT PERIOD FOR THE KAUPULEHU PROJECT DISTRICT (PD) COMES FROM A REPRESENTATION MADE IN THE PD APPLICATION STATING, "FULL BUILDOUTS OF THE PROJECT IS EXPECTED i-- OVER 20 YEARS. . . " c� W: • THE APPLICANTS BELIEVE THAT THE 20-YEAR DEVELOPMENT PERIOD CONDITION WAS LIKELY ONLY ADDED TO ALLOW THE PLANNING DEPARTMENT, PC & W COUNTY COUNCIL AN OPPORTUNITY TO REVIEW THE OVERALL PROGRESS OF Q! THE DEVELOPMENT OF THE PROJECT AFTER 20 YEARS AS REQUIRED BY CONDITION BB OF PROJECT DISTRICT ORDINANCE NO. 99 42, WHICH READS: F-- "TWENTY (20) YEARS FROM THE EFFECTIVE DATE OF THE KAUPULEHU PROJECT DISTRICT ORDINANCE, THE APPLICANT SHALL SUBMIT AN U OVERALL STATUS REPORT OF THE PROJECT, INCLUDING THE PERCENTAGE OF COMPLETED DEVELOPMENT. THE PLANNING DIRECTOR SHALL ALSO PROVIDE AN ASSESSMENT OF THE DEVELOPMENT OF THE PROJECT DISTRICT < AND ITS COMPLIANCE WITH CONDITIONS OF APPROVAL FOR TRANSMITTAL TO THE PLANNING COMMISSION FOR THEIR REVIEW & RECOMMENDATION & THEN FORWARDED TO THE COUNTY COUNCIL FOR THEIR REVIEW & ACTION. " REASON FOR THE REQUEST: • THE APPLICANTS BELIEVE THAT IF THE ORDINANCE INTENDED FOR THE APPLICANTS TO APPLY FOR A FORMAL TIME EXTENSION, THERE WOULD BE NO OVERALL STATUS REPORT CONDITION, BUT A CLEAR DIRECTIVE TO REQUEST A TIME EXTENSION. W • FURTHERMORE, THE ORDINANCE LACKS THE STANDARD ADMINISTRATIVE TIME 0 EXTENSION CONDITION. THE APPLICANTS BELIEVE THAT THIS CONDITION WAS W OMITTED INADVERTENTLY, CITING OTHER PROJECT DISTRICT ORDINANCES C:e ADOPTED DURING THE SAME TIME PERIOD WHICH INCLUDED THIS CONDITION. • GIVEN THE LACK OF CLEAR GUIDANCE IN THE RECORD ON THE REASONS OR Z INTENTIONS OF THE PLANNING DEPARTMENT, PLANNING COMMISSION AND Q COUNTY COUNCIL RE: WHAT TO DO AT THE END OF THE 20-YEAR DEVELOPMENT PERIOD, THE APPLICANT IS REQUESTING A DETERMINATION ON 0 THE NEED FOR A FORMAL TIME EXTENSION. ONINOZ JJJNfOJ 0 1 • r �r� C.L. / CZ n.'' , Q URBAN I� Z D % CO • AP N / t� i �� CON N i f� O ?I,?„..-,,,,,,i,,?,?? Q fi, `' LLI (-� / f- �, ,� -� ; � - f 6V, e as Reuss t�i� at. r •, k{' r i „, \ r�. ' '',4-//c,.,4 (fK�5% f • r r rn t , ( t; z • • wa , :!,,..„.,,,,1:,,„::,:, '- y, r^'^2,,,,,°s £^'- ':w7'"- ,,,4,..*-,`,,,', °r;^zm rm p,...r. *.GENERAL PLAN LUPAG MAP Gr - 4 � yY S li h, ' k AERIAL PHOTOGRAPH _,..... Lot 4-A (See area outlined in red dashed lines) z < .. ---'' ,. fruit t., ' .„... LOT 4-B ' „c--\,, 1 : CL .---'e•`'•••:, ...,-''' -% S. ..."—----"' It7.F-- \ \ %. ' ',, t j , ' ' ; - s-: LLI - .., .. . . ,„. „. , _._ , . ',,..---- - 7- s, I- - , ...10, (7) , s- , ..,. V I 1 , _ - -...... , i--?-------- - ------ ) „, 1%I ,.., ............ .- - --- -• %, ,, ... ,, , ., ,, ... , .,- :v..° F--- .....t.,'.-, . . "414. rt t OUT''tit ' a '14r r . lif VP < INTF RPRSTIt ..". ' ''1' t• * 1 .rr'';'" ./N:. , (I NI t It — ....,:t.:s----_,,,,, 14* -N- - /- r I , ,* '..' 4-! N 0_t, . 1 '.'' ,. ,',-4., t',- .• , II 1 ,,,1 io .,.. .,.,,.. /) ir 42, 4.., ('''''''`1 t • i.‘,„ 9 ., ,,,:„ , '. ‘ s* * < Iiii, 44 , ., . —. 11‘1004„ , . t 44ti —' 4-.• 0 0 0 gli 'At,. ,...•- ,.., - ' L ,... ., iI., , I , 11,- **-'14.,...,. 31,04" It . ', ,r,4 /„,,"., .‘,.... ....,,,.., ... 'S ,i ta 1 *. Lot 4-B (See area to the left of red solid line) �� r,.7,,,.:5(':/615.:,,,,. ..1.:,;;;;T:::,- tl'.- 1 ^ ::::.17 .;': __I T.12 72 ` r "A--- , LJJ 1 . )C`, 1- '. (I) 1 ' < i .$x 7 ,..4 t ,� 1' _ .,> i j() ' ,...., ., ,:*; ' _' - ' r >_ • . + - - - "�- LOT 4-A 1 __ -�___ �; REQUEST ANALYSIS: Based on a review of the record: Based on a review of the Overall Status Report: • There was no clear rationale for limiting • To date, the applicants have developed the development period to 20 years; approx. 582.030 acres of land (approx. 54% of • There was no definition of what would the land covered by the Project District constitute a completed development Ordinance) including spine infrastructure, nor any guidance what to do at the end water and wastewater systems, public V) of the 20-year development period (i.e. access amenities and 170 residential units V) reversion, time extension, etc.); within the Lot 4-A (Kaupulehu) and Lot >- 4-B (Hualalai Resort) development areas. I • There was no apparent rationale for the -z requirement of an overall status report at • To date, the applicants have only completed Q the 20-year mark; 23% of the proposed dwelling units for the Z • There were no criteria against which the project ( 170 of a proposed 727 dwelling Q County Council should review the units) . Planning Director's assessment of the • Additionally, the applicants' own estimates overall status report nor any guidance on indicate that full build out of Lot 4-A will which actions the County Council should continue through several development take; and increments and will not be completed for • There was no justification for omitting the another 20 years, based on current market standard administrative time extension demand. condition for this project. Z 0 F-- PLANNING DIRECTOR' S RECOMMENDATION CHANGE OF ZONE AMENDMENT: FAVORABLE 0 RECOMMENDATION BE SENT TO THE COUNTY COUNCIL FOR A 20-YEAR DEVELOPMENT PERIOD TIME EXTENSION (CONDITION B) WITH CONDITIONS . ae O PJ D LEEWARD PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT OCTOBER 18, 2018 A regularly advertised hearing on the application of KD ACQUISITION,LLLP AND HUALALAI INVESTORS,LLP (FORMERLY KAUPULEHU DEVELOPMENTS) (AMEND REZ 926)was called to order at 10:25 a.m. in the West Hawai`i Civic Center, Community Center, Building G, 74-5044 Ane Keohokdlole Highway, Kailua-Kona, Hawai`i, with Chairman Keith F. Unger presiding. COMMISSIONERS PRESENT: Keith F. Unger,Nancy Can Smith, Perry Kealoha, Michael Vitousek and Faye Yates ABSENT AND EXCUSED: Scott Church and Sonny Shimaoka ALSO PRESENT: Malia Hall, Esq. (Counsel for the Commission), Michael Yee (Planning Director), Jeff Darrow (Planning Program Manager),Maija Jackson(Planner), Christian Kay (Planner) and Noriko Sauer(Commission Secretary) And approximately 14 people from the public in attendance. APPLICANTS: KD ACQUISITION, LLLP AND HUALALAI INVESTORS, LLP (FORMERLY KAUPULEHU DEVELOPMENTS) (AMEND REZ 926) Submission of an Overall Status Report to the Planning Department, Planning Commission and County Council as required by Condition BB of Project District Ordinance No. 99 42, which rezoned 1,078.634 acres from Open to Project District. The applicants are requesting a determination from the Planning Commission and County Council if a time extension to Condition B (Development Period)is needed. If it is determined to be needed, the applicants are requesting a 20-year time extension to comply with Condition B. The subject properties are located adjacent to the west of the Kona Village Resort, makai of Queen Ka`ahumanu Highway, between the 87 and 84 mile marker, Ka`upulehu,North Kona, Hawaii, TMKs: (3) 7-2-010: 022 (por.) to 027, 031; 7-2-031: 001, 002, 004, 06 to 011, 013, 015 to 023, 025 to 030, 032, 033; 7-2-032: 001 to 003, 005, 007, 009, 010, 014, 016 to 034, and 036 to 053 collectively"Lot 4-A"); and 7-2-010: 020, 028 to 030; 7-2-029: 001 to 020, 022 to 025, 027 to 048, 050 to 058 and 7-2-030: 001 to 035 (collectively"Lot 4-B"). UNGER: Agenda Item No. 3, Applicants KD Acquisition, LLLP and Hualalai Investors, LLP, formerly Kaupulehu Developments,Amend REZ 926, submission of an overall status report to the Planning Department, Planning Commission and County Council as required by Condition BB of Project District Ordinance 99 42,which rezoned 1,078.634 acres from Open to Project District. The applicants are requesting a determination from the Planning Commission and County Council if a time extension to Condition B, Development Period, is needed. If it is determined to be needed, the applicants are requesting a 20-year time extension to comply with Condition B. The subject properties are located adjacent to the west of Kona Village Resort, 1 DRAFT makai of Queen Ka`ahumanu Highway,between the 87 and 84 mile marker, Ka`upulehu,North Kona, Hawai`i, collectively referred to as Lot 4-A and Lot 4-B. KAY: Yes, thank you, Mr. Chair. If I can direct your attention to the screen. The subject property, or the subject project area, is located in the North Kona District of Hawai`i Island, and it's identified, or known, as Ka`upulehu Project District. For your reference, Queen Ka`ahumanu Highway is running generally east-west through the slide, and the subject project area is outlined in red. Just for reference, you've got the Kona Village Resort located here along the shoreline and the Hualalai Resort to the west. So this is kind of an interesting application; it's kind of multiple parts. First, the applicant is requesting a determination from the Planning Commission and'County Council if a formal request for a time extension of the 20-year development period articulated in Condition B, Development Period, is needed. That condition states, "This project area shall be called the Ka`upulehu Project District. The development period for the Ka`upulehu Project District will be 20 years from the effective date of approval of the Project District Ordinance." If it is determined ultimately by the County Council that a time extension to Condition B is needed, the applicants are requesting a 20-year time extension to allow the completion of the remaining development activities on the subject parcels. So we didn't come to you first to try and deal with the determination, get a determination from the Council,then have to come back for the amendment; the applicant asked to kind of do it all in one shot. In addition to this, there was a Condition BB of the ordinance that required an overall status report at the 20-year mark for the Planning Director, Planning Commission and County Council to consider as well. So the reasons for the request is the applicants believe that the 20-year development period for the Ka`upulehu Project District comes from a representation made in the Project District application stating, "full buildouts of the project is expected over 20 years." The applicants believe that the 20-year development period condition was likely only added to allow the Planning Department,Planning Commission and County Council an opportunity to review the overall progress of the development of the project after 20 years as required by Condition BB, which reads, "Twenty years from the effective date of the Ka`upulehu Project District Ordinance, the applicant shall submit an overall status report of the project, including the percentage of the completed development. The Planning Director shall also provide an assessment of the development of the Project District and its compliance with conditions of approval for transmittal to the Planning Commission for their review and recommendation and then forward to the County Council for their review and action." So it's a bit of a mouthful. I didn't add a slide here, but ultimately in 1999 the Project District Ordinance 99 42 rezoned the 1,078.634 acres from Open to Project District in order to develop a resort residential community consisting of 530 single-family homes and 500 low-rise multiple-family units, 36 holes of golf, a golf clubhouse, an eleven-acre neighborhood commercial center with 45,000 square feet of leasable space, a three-acre residence/members recreation club and a 70-acre area for public shoreline access facilities and other recreational uses and cultural activities. So that's the development against which we are trying to determine whether or not it's been complete. The applicants believe that if the ordinance intended for the applicants to apply for a formal time extension, there would be no overall status report condition, but a clear directive to request a 2 DRAFT time extension. Furthermore, the ordinance lacks the standard administrative time extension condition. The applicants believe that this condition was omitted inadvertently, citing other Project District Ordinances in the general time frame that were adopted, which included the administrative time extension condition. Given the lack of clear guidance in the record on the reasons or intentions of the Planning Department, Planning Commission and County Council regarding what to do at the end of the 20-year period, the applicant is requesting a determination on the need for a formal time extension. So,just, again, the County zoning for the planning area is a Project District, which allow for a mix of uses that I talked about before. And other zoning surrounding area is Open as indicated in green, and then other Resort and Multiple-Family zonings are indicated in the pink, purple and mustard colors. The State Land Use designation for the project area is Urban as indicated in red, with the surrounding area is Conservation. The General Plan designation for the property is for the most part Resort Node as indicated in purple and some Open along the shoreline and Conservation is surrounding the property as well. Here is an aerial photograph of the subject project area. Again, we've got Queen Ka`ahumanu Highway running generally east-west through the slide, and then you've got, generally this area to the south is Lot 4-B, which is the Hualalai Resort, and then the lot to the north is 4-A, which is Ka'upulehu as identified by the applicant. Here is the applicant's site plan for 4-A. And, again, you can see some of the development has taken place already. According to the applicant, approximately 80 single-family residential lots and associated subdivision improvements, including roadways and utilities, the Ka`upulehu Beach Club, set-asides for the coastal planning areas, which are kind of in this area here, as well as the interpretive center, which is generally located here, and the Ka`upulehu private wastewater treatment plant. The applicants intend to develop additional 425 single- and multiple-family residential units within Lot 4-A over the next 20 years, as well as an 18-hole golf course, golf clubhouse and commercial retail opportunities. And just for your reference,here is Lot 4-A and Lot 4-B. It's here closer to, in this case,to the east. Here is Lot 4-A. This is showing much more development that's already taken place. They are indicated that approximately 76 single-family residential lots, three multiple-family residential lots and 20 multiple-family residential units and associated subdivision improvements have already taken place in addition to the back-nine golf holes for the Keolu Golf Course. The applicant anticipates approximately 25 more residential units within Lot 4-B over the next two to three years. That's in this general undeveloped area. So, in order to determine kind of these multiple questions,the first question being whether or not a time extension is needed, or a formal request for a time extension is needed, we took kind of a deep dive into the record to determine if there was anything in the record form the original rezone, any testimony or information at Planning Commission or at County Council, and here is ultimately what we found: 3 DRAFT There was no clear rationale for limiting the development period to 20 years; there was no definition of what would constitute a completed development nor any guidance what to do at the end of the 20-year development period, for instance, would they be reverted at the end of that 20-year period or a time extension be required, etcetera; there was no apparent rationale for the requirement of an overall status report at the 20-year mark; there was no criteria against which the County Council should review the Planning Director's assessment of the overall status report nor any guidance on which actions the County Council should take; and finally, there was no justification for omitting the standard administrative time extension condition for this project. So really it's kind of a black hole of information. We couldn't find anything that, there was no request from the applicant to have it structured this way, there was nothing at the Planning Commission hearings where the commissioners added these conditions, and the same thing at the County Council level. With that in mind, the Director found it difficult to kind of answer the question as to whether or not a time extension was needed. So then what we did as required by Condition BB is then take a look at that overall status report. And again, to date the applicants have developed approximately 582.030 acres of land, which is approximately 54 percent of the land covered under the Project District Ordinance. That includes spine infrastructure, water and wastewater systems,public access amenities and about 170 residential units within Lot 4-A and Lot 4-B development areas. However, to date the applicants have only completed about 23 percent of the now proposed dwelling units, about 170 of the proposed 727 dwelling units. And additionally, the applicants' own estimates indicate that full buildout of Lot 4-A will continue through several development increments and will not be completed for another 20 years, based on current market demand. So,because we are compelled to make a recommendation relative to Condition BB, and looking at the information that the overall status report supplied, the Director is recommending a favorable recommendation be sent to the County Council for a 20-year development period time extension to Condition B, with conditions. I—it's a lot—I'm happy to answer any questions that the Commission may have on our thought process and anything else that I can help you with. UNGER: Great, thank you. Commissioners, any questions? KAY: I apologize. There are a few more things, sorry. There were a few additional, a few additional pieces of information that came through since we sent out the background and recommendation: On October 9`h, we received a State Department of Transportation letter outlining some requests and requirements relative to this application, and then this morning you should have received a response from Carlsmith Ball to DOT's comments. And then another piece of information that we found, I mean not another piece of information,but, based on DOT's comments, we are recommending an amendment to Condition N,which ultimately is just addition a No. 6 to the condition and it says that"the applicant shall provide an updated Traffic Impact Analysis Report and Traffic Signal Warrant Study if and when required by the State Department of Transportation." That was something that came from their letter saying that they would like an update to the TIAR and Traffic Signal Warrant Study; they didn't provide us with any guidance on at what point that should take place. And then based on Carlsmith Ball's 4 DRAFT response, there has been some ongoing conversation between the applicants and the district engineer whether or not that was going to be required and what other mitigation may take place instead of that. So that's something that is outlined in that October 17th response from Carlsmith Ball. And then one last thing, we found Condition W, there was just, and this is a condition for fair share, it's the third to last page in your conditions —I'm son-y, these aren't numbered, I apologize, but Condition W we pretty much x-ed out the entire existing condition because we've got new language now for fair share—so this is now on the fourth line down of the new underlined language, I'm sorry, it starts with, "The fair share contribution shall become due and payable prior to receipt of Final Subdivision Approval." Because the Project District allows for both single-family and multiple-family dwellings, the trigger for fair share payment for multiple-family dwellings is Final Plan Approval and not Subdivision Approval, so we'd just like to add the language to say, "The fair share contribution shall become due and payable prior to receipt of," and this is what we are adding, "Final Plan Approval or Final Subdivision Approval, whichever is applicable." So that's going to be the language we are proposing to add to Condition W in order to just clarify the trigger point for different development for fair share payment. And, with that, I'm happy to answer any questions the Commission may have. UNGER: Commissioners? VITOUSEK: Sure. I was just wondering how the fair share payments were adjusted, how it went from what it was to what it is now. KAY: Sure. So, fair share payment gets adjusted every year and it's tied to Honolulu Consumer Price Index. And generally our standard condition Says three years after the date of the ordinance it will start adjusting. So because this was, the original ordinance was granted back in 1999, we just updated to our standard condition with the new per multiple- or single-family residential amount. And that's something that's pretty standard when we do amendments to older Changes of Zone that have a fair share component, we generally will come and update those. VITOUSEK: So it's like a standard formula for calculating that. KAY: That's correct. VITOUSEK: Got you. KAY: Yeah, and it's updated every year, yeah. UNGER: So, looks like that the Condition B is really what we are focusing on and trying to determine what exactly that means or doesn't mean. KAY: That's correct, yeah. And that's where,we were really interested to see if there was anything that would shed any kind of light on how to provide you with any kind of guidance on 5 DRAFT how to make your determination, and, unfortunately, we weren't able to find anything in the record on that first question as to whether or not a formal time extension should be required. UNGER: Okay, and, again,just to read it, "This project area shall be called the Ka`upulehu Project District. The development period for the Ka`uptilehu Project District will be 20 years from the effective date of approval of the Project District Ordinance." KAY: That is correct. That's— UNGER: And so that's what we are trying to determine if that's indeed a 20-year time limit, do they have to come in for another 20 years, etcetera, etcetera? KAY: That's correct. UNGER: Okay, well, I guess, we'll, and your opinion is yes, this does— KAY: Our opinion is yes,based on our review of the overall development, or the overall status report, which, again, was required under Condition BB, and, again, it compels the Director to make a recommendation to the Planning Commission and County Council for review and ultimately action. Again;the record didn't give us any kindof idea as to what that recommendation looks like, but— UNGER: utUNGER: Okay, so this is your recommendation. KAY: This is our recommendation is ultimately at a 20-year time extension based on our review of where they are at in the development process. UNGER: And just from a procedural point, is this an opportunity then for the Planning Department to go back in, review and make changes to the conditions? Is this a legal question or is this -? If, if, say, they did not have, say, it was agreed that they don't need a 20-year extension and they are just coming in for an update. KAY: So, yeah,I mean, it— UNGER: I mean they come in for an update and we take this opportunity to, because, I mean, and reviewing the changes, it looks like the most substantial change is the traffic analysis; I mean, there is not a lot of changes in here other than the opportunity to update or modify the conditions, which is probably a good thing. But, is this from, I guess, from a legal standpoint, is this the opportunity for the Planning Department to comment and require additional changes to the original agreement? KAY: It could be an opportunity. We didn't see anything here that was out of the ordinary where it would require it. So, basically, all of the proposed changes to the language that we have are to allow for the 20-year time extension, and then just really updating older conditions so that are bringing up the standard language that we have now. 6 DRAFT UNGER: Okay, assuming a 20-year extension is required. KAY: Assuming a 20—well,ultimately, they are required to comply with conditions of approval through the end of development. And so,really they are still, they are not getting out of anything, should the Council decide to not require a 20-year time extension; they still have to comply with all the conditions of approval until the development is complete. UNGER: No question. But now we are adding and changing those conditions. KAY: Yeah, to the extent that generally we normally do that for these older Changes of Zone; we update language to standard condition language. So there is nothing here that's really jumps out of the ordinary that we are making a substantive change. UNGER: Okay, and certainly the applicants can add to that as well. KAY: Certainly, yeah. YATES: I have a question regarding public access. KAY: Yes. YATES: Is there any? KAY: So I will have the applicants address this a little bit more, but my understanding is public access has been made available. There is the interpretive center as well. The interpretive center and then opening up the cultural reserve area is kind of on hold right now pending State Historic Preservation Division approval of a preservation plan. And the applicants can address kind of• where that's at in the process. YATES: Okay, I'll hold my question for them. KAY: Okay, thank you. UNGER: Commissioner Can Smith. CARR SMITH: I was saying an opportunity for the Planning Department to create a policy or procedure to deal with a situation like this so that we don't have to appear like we have no history or don't know what to do with this. KAY: I would,that is an opportunity. This is such a rare occasion, or rare situation. Like I say, it's very strange that we didn't provide an opportunity for an administrative time extension. It's very strange that we required a 20-year overall status report. That's not something that is usual or normal in what we do. So, I mean,we could come up with a procedure, but I'm not sure it's happened enough or will happen enough in the future where it's required. CARR SMITH: I just have one more question for you. 7 DRAFT KAY: Yes. CARR SMITH: How has the applicant dealt with fair share to date? KAY: I believe—I'll have the applicant address that—but they have paid fair share, I believe, up to the level that they've developed at this point. And that's based on either prior to Final Plan Approval or prior to Final Subdivision Approval. CARR SMITH: Okay, thank you. KAY: Mm-hmm. UNGER: Thank you. Any other questions? Thank you. We'll call the applicant up at this time. Please raise your right hand. Do you swear or affilln to tell the truth before the Planning Commission? APPLICANTS: I do. UNGER: Please state your name and area of residence. LIM: Good morning, Mr. Chair, Members of the Commission. Good to see you again. Steven Lim from Carlsmith Ball. Our office is in Hilo and Kona. BOND: Good morning. Thad Bond. I am representing the KD, the Lot 4-A side of the application for, and residing in Kailua-Kona. KNABLE: Good morning. I'm Jason Knable, work for Carlsmith Ball, and I reside in Hilo. UNGER: Thank you. LIM: We also have at the back of the room Mr. Jay Uyeda from Hualalai Investors, Project Manager. UNGER: Okay, thank you. LIM: So, I guess going to the question raised by Christian, the applicant will be requesting that the Planning Commission make dual recommendation so that you don't have to choose one for the other. We think that there is, because the Planning Commission is making a recommendation only and that the County Council is going to effectively make the final decision on how this • comes down, we'd ask the Planning Commission issue favorable recommendations on both the receipt of the status report for the project pursuant to Condition BB, and also make a favorable recommendation on the proposed conditions of approval by the Planning Department, i.e. for the 20-year extension, for the updating of the impact fees, and those types of things. And I think that way we can proceed in an expeditious fashion up to the County Council and have them make the final decision. 8 DRAFT UNGER: Okay, great, so that being said, have you read and reviewed and do you agree with all the recommendations as set forth by the Planning Department and their recommendation? LIM: That is correct and we agree with the proposed conditions by the Planning Department, including the most recent revision on the Department of Transportation condition. Of course, that's subject to our clients' understanding that we won't be changing other substantive conditions of the ordinance,but we agree with the current background and recommendation. UNGER: Okay, great, good clarity. Thank you. LIM: Essentially, what we are, kind of at the tail end on two different projects. The Hualalai Resort project on Lot 4-A only has another two development parts left; they are proposing single-family dwellings for a total of about 24 more lots, 25 more lots. The Lot 4-A development for the KD Acquisition side is more in the middle of their project, although the spine infrastructure, you know, water, electric, wastewater plants, that's all constructed for the project. And so these are all under substantial commencement of their projects. I think they've been contributing a significant amount of jobs and tax revenue to the County over the past years. And we would ask for the Commission's support of the dual recommendations that we discussed. The fair share question, you know,how do you make the fair share payments. When you come in for either Lot 4-A or Lot 4-B, you come in for your proposal either for Final Subdivision Approval for the lots or Final Plan Approval for the multi-family condo units,we will pay the fair share assessment updated to the current date, so we've not been, you know,paying the old rate; we've been paying the current rate as adjusted by the CPI Index. And I think that's, you know, that's why we don't have any problem with the updating of the CPI Index on the fair share in the current proposed bill. With respect to the public access issues, I'll go ahead and let my planner from Carlsmith, Jason Knable, address that issue; KNABLE: Good morning. With regard to the public access at KD, currently, the KD project has constructed an interpretive center that's intended to provide some educational opportunities for those persons that want to come and visit the site and the Kalaemano preservation preserve, which is located just makai of the interpretive center, and, and also to allow for folks to do, you know, the typical public access down to the shoreline. I think, you know, what's important to note is that in this area the public access, or it's actually shoreline access, it isn't traditional access where you would find beach areas to go down and do your activities; you know, the entire coastline is of a rocky nature, it's pretty dangerous because of the surf. So the intention of the interpretive center was to allow for education on the cultural aspect and the rich natural and cultural resources there, but also allow for an opportunity to educate folks on the public safety aspect to protect folks. And, you know, the interpretive center was something that was conceptualized amongst the lineal descendants of the area, the kupuna-s, and a lot of consultation occurred with the,the government agencies were involved at that time. And they, I think they all agreed, and it's also articulated in our comprehensive public access plan, that folks come to the 9 DRAFT interpretive center to learn about the area, so we can ensure that, you know, the resources are preserved and nobody gets in trouble by the ocean. Currently, as we stated inside our overall status report, we are held up from opening this interpretive center to the general public because we have a pending long-term preservation plan being reviewed by SHPD. You know,we've, over the years we've followed up, our archeologist has followed up with SHPD. We have gotten no response. Our office has actually followed up about three times this year and, with no luck. KD is,you know, eager to get these improvements open to the public because it's been completed for some time now. We actually met with the Planning Department about 2013, and walked through the entire area. I think the Planning Department was impressed with the level of improvements that were provided,but the full implementation of the access to this area couldn't occur until the long-term preservation protocols are in place and all the proper signage goes up. And so right now we are kind of stuck. But in the interim, you know, folks want to come down to visit the shoreline, we've been directing those folks down to the Hualalai public access areas, where there is sufficient parking, and they can still get to, to the resources in our property by the lateral shoreline trail. I understand that folks do that by going through Hualalai, Kona Village, crossing through our properties, and even from the north they come through the property that way. We do allow public access currently to the interpretive center by reservation. We call Aunty Lei who is one of the caretakers down there, and set up an appointment, and she'll educate you on the area by taking you on a guided tour because she knows where all the sites are. And she also brings down a lot of school groups that come and take a look at the resources down in that area. And, of course, you know, the area is still open for any lineal descendant that wants to come down, any cultural practitioner that wants to take advantage of the resources, including gathering salt. So that's how we are addressing public access. YATES: Who would they call for that? You know, you make a reservation. You have to call someone? KNABLE: Yeah, you would typically contact Aunty Lei, but I, you know, I can, we can certainly arrange for— YATES: Kona,uh,who? KNABLE: Yeah, this would be at the— YATES: Hualalai? KNABLE: —interpretive, no, this would be Ka`upulehu Development, then— YATES: Oh— KNABLE: —and we can, yeah. YATES: —thank you. 10 DRAFT LIM: The Hualalai Resort side there are north and south parking areas totaling about 77 stalls. VITOUSEK: Thanks. Yeah, I have a couple of questions about that. Is the requirement to open it up to public after the acceptance of the preservation plan a legal requirement or is that something that the developer has decided to do? Is there a condition existing that says the preservation plan must be accepted prior to opening it up to public? KNABLE: Just one sec. If I could open up the comprehensive public access plan. LIM: I don't think that that says particular key in the condition itself, but it has been always part of the discussion with the cultural groups and the State Historic Preservation Division. Part of the problem on the oceanfront area fronting the Ka`upulehu Development side is that there is a series of conservation subzones that were enacted during the e initial approvals of the project through the State Land Use Commission, and many of the archaeological sites and the areas fronting the shoreline, which are pretty dangerous,were subject to these buffer agreements. And there is also an integrated resource management plan that was agreed to by the project owners and the community and accepted by the County as part of this. So that all ties into it. So that's why Jason was saying it's not like your typical let's-go-to-the-sandy-beach-and-go-into-the- water kind of a place; this is more of a pretty important cultural asset for the community. In the original Land Use Commission proceedings, they had the area kupuna, they had,Hannah Springer was involved, Leina`ala Lightner who is Aunty Lei that Jason is referring to, they are all involved in the Ka`upulehu Development Monitoring Committee, which was a requirement of the State Land Use Commission approval. So they proceeded through the initial stages of the project,meeting with the developer, and essentially approving all of these various cultural and access plans. VITOUSEK: Okay. In reading this we see that the only real requirement for opening public access is after the completion of the golf course,but I didn't see any updates on plans for the golf course. Is there a time frame on the 18-hole golf course in the area? LIM: No,no, and we proceeded ahead with development of the various parking lots and interpretive center prior to the development of the golf course because we know that was important to the community. ‘VITOUSEK: Absolutely. Would you mind giving us just a little bit more information on the preservation plan? I see that in your application you guys submitted a copy of that, but that didn't make its way to us, and I was just wondering if we could have a little bit of history on the correspondence between SHPD. When was the plan originally submitted to SHPD? KNABLE: The plan was originally submitted in late 2013. The architect, or, excuse me, the archaeologist, at that time followed up I believe a few months later, and then it has just been continual follow-up by the developer over the past five years, including our office. We followed up in April and May of this year and then also earlier this month. VITOUSEK: And who submitted it? 11 DRAFT KNABLE: The project archaeologist was— LIM: T.S. Dye and Colleagues. KNABLE: Tom, yeah, Tom Dye. It was Tom Dye, and so he had made the original submittal, he had followed up I think once or twice after that, and then after that it was just the developer that followed up, and our office a few more times. VITOUSEK: And has there been any correspondence back and forth relating to it? KNABLE: We got one message acknowledging that, you know, we sent over, in April we sent over a copy of the plan and the letter from Tom Dye, you know,responding to the latest round of comments on the plan. And we were told that they would take a look, they weren't familiar with the plan, they would take a look at it and get back to us. VITOUSEK: So there has been comments that SHPD has issued on the plan? KNABLE: This, yeah, this, as far as we are aware, the project archaeologist had responded to the last set of comments in 2013, and provided an updated report addressing those comments— VITOUSEK: Okay, so— KNABLE: —so we are just waiting. VITOUSEK: —SHPD reviewed the project in2013, they submitted comments, most likely me, and then there was another draft that came back KNABLE: Correct. VITOUSEK: and has not been reviewed by SHPD. KNABLE: Correct. VITOUSEK: Okay. Has the County Planning Department reviewed the preservation plan? UNGER: Christian, canY ou oh. KAY: Yeah, not to an extreme level of detail, no. We defer to State Historic Preservation Division on making the final determination on that. We, and I need to apologize. The applicant did supply us with not only the preservation plan but also response from the archaeologist in response to SHPD's first set of comments or questions, and also supplied us with a traffic impact analysis report; for sake of saving of paper we decided not to print those fairly large documents. I apologize. In the future, and I'm happy to email that to you, but in the future when we have those, we'll make sure we provide them digitally at least so that you can review those. VITOUSEK: Thank you. 12 DRAFT KAY: Yeah. VITOUSEK: Has the County Cultural Resources Commission reviewed the preservation plan? KAY: At the time the preservation plan was drafted and submitted, I don't believe our Cultural Resources Commission was seeded. So, no, they have not. VITOUSEK: Okay,but, I mean,now we do have the Cultural Resources Commission, and,you know, according to Hawai`i Revised Statutes 6E-42 State Historic Preservation Division is required to have the opportunity to review and comment on mitigation plan that affects a permit, and,ultimately, it's the County of Hawai`i, or the permitting agency, in this case the County of Hawai`i's responsibility to make the actual determination. At this point if these guys have been held for years and years on end, and the public is losing out of that as not being able to access the property, at some point I would think that, because the County has this Cultural Resources Commission in place, the County has to make its own determination as to whether or not this preservation plan is acceptable per these permitting conditions, and review that so that the project can have some knowledge on whether they are in compliance or not and whether these sites are being maintained appropriately. KAY: We can certainly follow up with the State Historic Preservation Division and see where they are at with that. And the way that we direct, the way that we engage the Cultural Resources Commission is at the call of the Director to have them review a project or an application or something like that, so if it's the pleasure of the Commission to direct the Director to do that, we can take that under consideration or we can have the Director kind of address that at this point— VITOUSEK: Sure. KAY: —sorry to put you on the spot. VITOUSEK: I mean I definitely don't feel like I can direct the director to do anything, but I can make a recommendation that,you know, something like this where there is a clear need to have public access into that area for the community to have to be able to appreciate these resources that are down there. And a department is not meeting its regulatory time periods. And because of the way that the historic preservation laws are written, it is ultimately the County's responsibility to move forward on that. And because the County has the commission, it seems like they are adequately suited to deal with that. YEE: More of a higher level comment would be I just met with Susan Lebo and Sean from SHPD,probably two weeks ago, to have a very private conversation around their untimely response to things. They certainly recently again lost their archaeologist on this side of the island, so that hasn't helped the situation any more. But they are expecting, they were approved for more staff. It's just trying to get the bodies into SHPD to do the work. But I also think I have very good communication with them right now, and we can try to have them move things up in the priority, but in a larger scheme there's just a lot of bottlenecks with SHPD, which I'm 13 DRAFT trying to work with them to fix, not just this kind of situation but all of them. How we leverage CRC's concern would be something we are looking into, too. VITOUSEK: Right, I mean, for us I don't think that the County is in the place where we can solve the State's problems for them, but the County has its own requirements under the law, under State Historic Preservation Law, and I feel like in this particular case— HALL: Sorry, what statute are you talking about? VITOUSEK: Hawai`i Revised Statutes Chapter 6E-42. HALL: Okay, thank you. VITOUSEK: That the County can step in and complete these requirements so that this application can proceed. That being said, I have a couple of more questions on the preservation plan. Does this preservation plan that's under review affect the entire project area? LIM: It affects the KD side,KD Acquisition side. Hualalai,Resort has its own set of archaeological reports. VITOUSEK: Okay, so it is not just a preservation plan for the park,public access area, but for the entire development as a whole? KNABLE: No, the preservation, long-term preservation plan is purely for the Kalaemano Preserve, which is the area,the cultural preserve that Christian is pointing to right there. VITOUSEK: And is there another preservation plan that covers the development area? KNABLE: Yes, there was one that was completed, that allowed these folks to go in and apply for their grading permits for the development that's there. VITOUSEK: You know, one of the potential conditions that, you know, with Chairman's question about adding additional conditions, I have wondered about was this doesn't seem like it has any conditions,which requires the applicant to uphold the terms of their mitigation plans. The only historic preservation related question is to report any inadvertent discoveries. And in the, you know, the agenda item that will be discussed later on, there is adding a condition to, "The applicant shall comply with mitigation and preservation plans approved by the Department of Land and Natural Resources." And, to me, something being added into their requiring the applicant to continue to uphold their approved mitigation plans would be,would make sense to me. KAY: Yeah, I'm not sure if the applicant can speak to this. There is Condition U relative to, or related to the integrated resource management plan,which was made available as an appendix to the original ordinance, and it says, "The implementation recommendations and management 14 DRAFT guidelines shall govern the use of the Coastal Planning Area and other resources." So, not sure if that's something that just covers that small area or something larger. Okay,just pointing out Condition No. 10 in the next application, the KW, which reads, "The applicant shall comply with mitigation and preservation plans approved by the Department of Land and Natural Resources-State Historic Preservation Division,"and that's, and then it goes on to say, "In the unlikely event,"for inadvertent finds; but we can add that sentence as well so that that's covered. VITOUSEK: Sure. KAY: And at least it's spoken to in the updated ordinance. VITOUSEK: I would also recommend adding languageinto that indicating not only the Depai lment of Land and Natural Resources but also by the County'Planning Department. KAY: Okay. DARROW: If I can just chime in on this part. The Planning Director mentioned a meeting that we just had. One of the subjects that came up was SHPD saying, well,ultimately it's the County to make that decision. I think all of us that were in the room were a little shocked when we heard that. And the reason why is because we don't have the expertise that SHPD does in these types of matters. And so, now we do, that you're mentioning we do have the Cultural Resources Commission, we can bring this to them and ask for their comments in relation to this. But, ultimately, you understand we, you know, this is a resource that we want to preserve, or we want to be mitigated properly VITOUSEK: Absolutely. DARROW: and when it comes to the County making kind of like moving forward when we haven't heard from these experts, we feel very weary on doing that. But again,we do have the Cultural Resources Commission in place and we can bring it to them— HALL: Jeff, sorry to interrupt you. DARROW: —we are hoping that through this meeting that we had recently, that there will be a better collaboration of responses from SHIPD. But again, that's for the future to tell. But based on today's discussion, we definitely will bring this matter before them. Thank you. HALL: Jeff, do we have any archaeologist on the Cultural Resources Commission? DARROW: Currently, we have Theresa Donham who is actually a big part of the State Historic Preservation Division. HALL: So she's an archaeologist. 15 DRAFT DARROW: Correct. HALL: Okay, thank you. KAY: Thank you. VITOUSEK: You know, to me, going on about this, the issue here is public access, you know. I mean, to me, I would be a lot more comfortable, if there was a much clearer path requiring public access so that, you know, the community can get some benefit out of the area as well. Would you guys be willing to insert additional language about requiring public access by a certain point in here? LIM: Lateral shoreline public access is allowed from the north and from the south. The only thing that's missing is the driving in and parking at the interpretive center. VITOUSEK: Sure, and that's what I would like to see because it's a long way in, and, you know, kupuna are not able to walk that long ways in from both sides. LIM: Well, what's happened over the past several years now is that anybody who wants to practice cultural practices or the school groups, they've been allowed to go down and they get toured and educated by Aunty Lei. And, you know, that's why the preservation plan is important because we, I don't think anybody wants a group just running around down there in the cultural preserve. So that's why it's a little bit sensitive for us. VITOUSEK: Completely understand,I completely understand, you know, I understand the importance of public access, I understand the risk of public access to a sensitive area, completely get that. But we have plans in place to manage these things, you know, resource management plans, and, you know, implementing those plans are a requirement of the,the thing I want to be saying is I think we need to make sure that we have that condition in place so that we have the adequate resources there to make sure that the public access doesn't impact these sites,but allows public access to occur. And, for me, you know, the existing language where it doesn't require public access to be released until after the golf course is built when we have no plans to build the golf course, seems like we just, and the developers themselves saying that they would like to open it as soon as possible, to me, it seems like it would come together nicely with, you know,just another condition in there indicating that, you know, extensions will be granted subject to opening public access within a certain time frame. LIM: We don't have the authorityagree an to to changes in conditions. You know, this was Y mostly, at least from our point of view, a status report exercise, and if my clients were thinking that they had to come in here and start to negotiate all the new conditions all over again, I don't know, I don't have a, you know, client position on that right now for me today. I think that the, you know,just the nature of the archaeological sites and the preservation plan that's been proposed, I think for us to open it up before the buffers are established and the treatments are approved by SHPD, is a little bit dangerous for the developer. You know, we don't have, I mean and I'm sure the Planning Department and the Planning Commission hasn't had a clamor of people asking to access the shoreline in that area. If you really want to go,you can go. So, you 16 DRAFT know, I'd hate to create another process for public access when we already have the existing condition, and the only reason why it's not being implemented at this point in time is because of the review by a State agency. UNGER: To clarify, all of our recommendations are just that,just recommendations. We are not, our,Leeward Planning Commission is not making or asking for any additional requirements at this time. It's just, we are having a discussion and, I guess, Commissioners, you can recommend anything you want. The County Council obviously will be making the final decision. And,hopefully, between now and then whatever does come out of this, that's the opportunity for everybody to get involved in a discussion. So, anyways, this is a great discussion. LIM: For the record for the applicants, for both KD Acquisition and Hualalai Investors, we concur with the mitigation condition that was read into the record by Christian just a little while ago. UNGER: Okay, and the rest of the recommendations from the Planning Department as— LIM: That's correct. UNGER: —okay, great, thank you. VITOUSEK: Would it be possible for me to make a recommendation that the Cultural Resources Commission review the archaeological preservation plan and make a recommendation on whether the Director should accept that. UNGER: Let's hold that thought, and the process will be to finish with the applicants, and then we'll open it for public comment, and then we'll go ahead and ask for a motion, we'll get a second on the motion, and that's when we can have our full discussion amongst the Commissioners. So if there is no-more questions with the applicants, thank you, you may be seated. If there are more comments. LIM: No, no further comments. UNGER: Okay, thank you. You may be seated. At this time I'd like to open it up for public testimony, if anybody is in the audience that would like to testify. Seeing none, I motion to close public testimony. YATES: So move. KEALOHA: Second. UNGER: Motion by Commissioner Yates, second by Commissioner Kealoha. All in favor? COMMISSIONERS: Aye. 17 DRAFT UNGER: Opposed? [None.] Motion carries, public testimony is closed. I recommend we take a five-minute break and, to consult with our corporate attorney to discuss a possible motion. HALL: If we are going to discuss that, we have to go into executive session. UNGER: I'd like to go, I make a motion to go into executive session to further discuss this with our corporate counsel. I need a second. CARR SMITH: Second. UNGER: All in favor? COMMISSIONERS: Aye. UNGER: Opposed? [None.] At 11:20 a.m. Chairman Unger called a short recess. The room was cleared, and the Commission went into executive session at 11:25 a.m.for the purpose of consulting with its counsel regarding questions and issues pertaining to the Commission's powers, duties, privileges, immunities, and liabilities,pursuant to Hawai`i Revised Statutes 92-5. At 11:42 a.m. it was moved by Commissioner Vitousek and seconded by Commissioner Kealoha that the Commission go out of executive session. Upon a voice vote, the motion carried unanimously. The meeting was reconvened at 11:43 a.m. UNGER: Hearing is called to order. After executive session the Commissioners had additional questions for the applicants. .If you don't mind, could you please come up? Thank you. Commissioners,please feel free to ask the applicant questions. VITOUSEK: Sure. We'"re just trying to understand. We see in your application submittal, it says, "Although PDO 99-42 allows for KD to defer opening the public access elements to the general public until the opening of the 18-hole golf course, KD always intended to open these public access improvements to the public earlier." PDO 99-42, what is that? LIM: Project District Ordinance 99-42, which is the subject of this— VITOUSEK: So that's, it's a County, a County requirement. Okay. Thank you. UNGER: And while we are on that subject, has there been any discussion within your group with regards to the exact topic? It's good that it is stated in there. Has there ever even been a discussion? It is tied to the golf course. It sounds like the golf course is maybe not even planned in the future. It sounds like,pursuant to that sentence there,there is desire to open earlier. It's all very general, and, obviously, the Commission is just, you know, questioning about the public access. So has there been any discussion about opening this up earlier versus just tie it to the opening of the golf course? 18 DRAFT LIM: That was always the intention. The golf course is still on the table, but we recognize that that would be pushed back to a later stage in the development pretty early on. And so that's why the applicant took the step of trying to move forward with the improvements, and then we are just pending the SHPD approval. So it's still their intention to voluntarily do that. And that's why we would resist changes in the conditions or changes in the process. We think that the process is lined up pretty clearly that we just need SHPD approval, and then once that happens, then we are willing to follow through with our commitment to open the public access. Like I said, the critical part is the cultural buffers, making sure that all this is managed, because people won't be able to just drive down to the shoreline; they'll have to go and receive cultural briefings by Aunty Lei before they even step foot on the property. Thank you. UNGER: Great, okay, thank you. CARR SMITH: And then to the north of the interpretive center, is there a—I know the cliff becomes pretty high there and treacherous—so, is there a trail along the cliff going north? LIM: Yes, there is a shoreline trail like many areas in Kona, and so people often come from either the south or the north in through, fronting the project. We try to, we try to brief people when they come onto the property, but it's not that often. UNGER: Any other questions? Thank you, Applicants. Great, so, the floor is open for a motion. CARR SMITH: I'd like to move that a favorable recommendation be forwarded to the County Council to accept the Project District Ordinance No. 99 42's updated status report. KALOHA: I'll second. UNGER: We have a motion by Commissioner Can Smith, second by Commissioner Kealoha. Roll call, or discussion, sorry. In executive session the Commission decided to clarify two parts: To approve the update, which was presented by the applicants, and so that's the motion that's on the table now; then the second motion will be to talk about the extension and conditions associated to those extension. So, first order of business. KAY: Okay, thank you, Mr. Chair. Just a UNGER: Hold on one second. Commissioner Can Smith, are you-? Okay. Yeah, roll call. KAY: My apologies. Just so we are accepting the overall status report as required by Condition BB. UNGER: Correct. KAY: Okay. Oka thank you. Commissioner Can Smith? Y� CARR SMITH: Aye. 19 DRAFT � I ' r KAY: Commissioner Kealoha? KEALOHA: Aye. KAY: Commissioner Vitousek? VITOUSEK: Aye. KAY: Commissioner Yates? YATES: Aye. KAY: And Chair Unger? UNGER: Aye. KAY: Thank you. Mr. Chair,motion carries, five-nothing. UNGER: So, again, we'd like to open the floor to the second motion to the same agenda item in regards to the extension request, or discussion,and conditions associated with the development. VITOUSEK: So, I move that a favorable recommendation be forwarded to the County Council on the request to amend Project District Ordinance 99 42, based on the Planning Director's recommendation, findings, and proposed amended conditions,which shall be adopted; the amended conditions include the updated language on the preservation plan and mitigation plan being upheld that was read in by the County Planning staff; and we'd also like to include our recommendation to the Planning Depaituient and to the County Council that the public access conditions be evaluated so that they are not tied to the completion of the golf course but to a more publicly beneficial and mutually beneficial time period. YATES: I second the motion. UNGER: Motion by Commissioner Vitousek, second by Commissioner Yates. The floor is open for discussion. Hearing no further discussion, roll call. KAY: Mr. Chair, if I may UNGER: Oh,yes. KAY: I'd just like to clarify. The question is to "more mutually publicly beneficial timeline"; it is kind of vague, and I'm not sure if that was on purpose or— VITOUSEK: It is— KAY: Okay. 20 DRAFT VITOUSEK: —I mean we,we feel like we don't have enough information now to determine what appropriate timeline to open for public access is. We believe that the Department should work with the applicant to figure out what's an appropriate time frame to open this for public access so that it's not tied to the golf course, which is far down the road. You know, we think they are already taking steps to open it up for the public. We just want to have that evaluated and clarified, and that's our recommendation to the Council. KAY: Okay. UNGER: Roll call. KAY: Okay, thank you, Mr. Chair. Commissioner Vitousek? VITOUSEK: Aye. KAY: Commissioner Yates? YATES: Aye. KAY: Commissioner Can Smith? CARR SMITH: Aye. KAY: Commissioner Kealoha? KEALOHA: Aye. KAY: And Chair Unger. UNGER: Aye. KAY: Thank you. Mr. Chair, motion carries, five-nothing. UNGER: Thank you,Applicant. You'll be contacted in writing by the Planning Commission of our decision. LIM: Thank you very much. UNGER: Thank you. LIM: Can I ask a point of clarification? That was,part of the conditions that were included, the amended DOT condition if and when required by DOT? 21 DRAFT KAY: Yeah, my understanding—and if,I don't want to put words in your month[speaking to Commissioner Vitousek]—but my understanding was all conditions as presented either previously in writing or on the floor today. VITOUSEK: That's correct. KAY: Okay. VITOUSEK: Yes. KAY: Thank you. UNGER: Thank you. The discussion ended at 11:53 a.m. Respectfully submitted, Noriko Sauer, Secretary Leeward Planning Commission 22 DRAFT L