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HomeMy WebLinkAboutPD Background Report (PL-SPP-2023-000040) B VMCProp.AmendSPP538.cm.6.27.23 COUNTY OF HAWAI`I PLANNING DEPARTMENT BACKGROUND REPORT WDC PROPERTIES,LLC AMEND CONDITION NO. 4 OF SPECIAL PERMIT NO. 538 (PL-SPP-2023-000040) WDC PROPERTIES, LLC has submitted a request for a 10-year time extension to Condition No. 4 (life of the permit) of Special Permit No. 538 to extend the life of the permit to June 30, 2035. Special Permit No. 538 was most recently amended in 2015 to allow the continued use of a heliport and related facilities on a 9.8-acre portion of a larger 13.007-acre property until June 30, 2025. The subject property is located at 68-690 Waikoloa Road on the southeast corner of its intersection with Queen Ka`ahumanu Highway, Por. Waikoloa, South Kohala, Hawaii, TMK: (3) 6-8-001:043 (por.) APPLICANT'S REQUEST 1. Request: The applicant is requesting an amendment to Condition No. 4 of Special Permit No. 538, which limits the life of the permit until June 30, 2025. The request is to extend the life of the permit for a period of 10 years until June 30, 2035. Condition No. 4 currently states: "This permit shall be effective until June 30, 2025." The applicant WDC Properties, LLC is the fee owner of the subject property and Blue Hawaiian Helicopters is the licensee. Blue Hawaiian Helicopters wishes to make a major investment in the business by constructing a new hangar consisting of approximately 3,500 square feet within the existing Special Permit area. The hangar, which will be less than 25 feet tall, will be located in a natural lava alcove situated approximately 10 feet below the road line of sight. The alcove will provide a natural shelter for the hangar and that together with the existing lava landscape should help minimize its visibility from both Waikoloa Road and Queen Ka`ahumanu Highway. 2. Purpose of the Request: The requested time extension is not for the lack of performance but an extension of the permit life. The applicant intends to maintain the operation of an existing heliport and its related facilities. The current permit limits heliport operations at the property to a maximum of 40 landings per day during daylight hours, excluding emergency landings for emergency helicopter support. The granting of a time extension -1- will help amortize the cost of the proposed 3,500-square feet hangar improvement. The hangar will enable more efficient repair and maintenance of the helicopters. Currently, repair and maintenance work are taking place in Hilo, which requires additional flight time and fuel. The estimated cost for the construction of the proposed hangar is between $3.5 and $4 million. The licensee expects the new hangar to be completed within 5 years. 3. Supportive Information: The applicant has submitted the attached documents in support of their request: (Planning Department Exhibit 1 — Special Permit Amendment Application dated March 31,2023). BACKGROUND INFORMATION 4. October 12, 1983: The Planning Commission voted to approve Special Permit No. 538 to allow the former owner of the project site, ATPAC Land Company, to establish an airplane landing strip, terminal, and related improvements. The former owner secured Final Plan Approval for the construction of a 320-square-foot office and a seven-stall oil- treated parking area, and Final Subdivision Approval to subdivide a 13.007-acre parcel out of the larger 3,865-acre parcel. The Special Permit had an expiration date of July 1, 1985. 5. May 22, 1985: The Planning Commission voted to deny the former owner's request to delete Condition No. 7 (life of permit) and recommended instead the approval of an amendment to Condition No. 7 to allow Special Permit No. 538 to remain in effect for an additional five years until June 30, 1990. The Commission also voted to deny the former owner's request to delete Condition No. 10, which prohibited night flights. 6. April 14, 1987: The Planning Commission approved an amendment to Special Permit No. 538 to allow the establishment of a heliport in addition to the approved airstrip landing facilities. A Final Plan Approval was secured for a building and storage addition to the existing facility. 7. May 24, 1990: The Planning Commission approved the applicant's request to extend the life of Special Permit No. 538 to June 30, 1995. As part of the Commission's approval, Special Permit No. 538 was amended to limit use of the approved facilities as a heliport. 8. June 22, 1995: The Planning Commission voted to deny the applicant's request to delete Condition No. 5 (life of permit) but instead approved of an amendment to -2- Condition No. 5 to allow Special Permit No. 538 to remain in effect for an additional five years until June 30, 2000. 9. May 5, 2000: The Planning Commission approved the applicant's request to extend the life of Special Permit No. 538 until June 30, 2005. 10. March 18, 2005: The Planning Commission approved the applicant's request to extend the life of Special Permit No. 538 until June 30, 2015. 11. May 21, 2015: The Planning Commission approved the applicant's request to extend the life of Special Permit No. 538 until June 30, 2025. STATE AND COUNTY PLANS 12. State Land Use (SLU)District: Agricultural. 13. General Plan (LUPAG) Map Designation: Urban Expansion (ue) and Open (o) Area. The Urban Expansion designation allows for a mix of high density, medium density, low density, industrial-commercial and/or open designations in areas where new settlement may be desirable, but where the specific settlement pattern and mix of uses have not yet been determined. The Open designation allows for parks and other recreational areas, historic sites, and open shoreline areas. 14. County Zoning: Agricultural-5 acres (A-5a). 15. South Kohala Community Development Plan (SKCDP): The South Kohala Community Development Plan was adopted by the Hawaii County Council by Ordinance No. 08-159 on December 1, 2008. The plan does not specifically address the existing heliport. 16. Special Management Area (SMA): The property is not within the County's Special Management Area and is located approximately 1.5 miles from the nearest shoreline. DESCRIPTION OF PROPERTY AND SURROUNDING AREAS 17. Subject Property: The Special Permit area, consisting of approximately 9.8+ acres, is located within a larger 13.007-acre parcel. The property is roughly L-shape in size with an extensive lava landscape. The Special Permit area is situated at approximately 500 feet southeast (mauka) of its intersection with Queen Ka`ahumanu Highway and Waikoloa Road. 18. Existing Uses & Facilities: According to the previous submittals, the Waikoloa Heliport -3- is a quasi-public facility licensed by the State Department of Transportation and monitored by the Department of Transportation and the Federal Aviation Administration. The facility is currently operated under a license agreement by Helicopter Consultants of Maui, Inc., a Hawaii limited liability company, doing business as Blue Hawaiian Helicopters. The existing facility consists of a one-story, 460-square foot building, plus approximately 187 square foot of trellis covered deck and approximately 60 square feet of covered storage area. The building doubles as a heliport terminal and passenger waiting area. Seven helicopter landing pads are located on the original paved runway. A paved roadway provides access to the facility from Waikoloa Road and accommodates parking for approximately 25 vehicles. 19. Surrounding Zoning/Land Uses: Surrounding lands on the southeast (mauka) side of the Queen Ka`ahumanu Highway consist predominantly of vacant lands designated as Agricultural by the State Land Use Commission and Agricultural-5 acres (A-5a) by the County. On the northwest (makai) side of the Queen Ka`ahumanu Highway is the existing Waikoloa Beach Resort development. The lands between the resort and highway consist of a natural highway buffer designated as Agricultural by the State Land Use Commission and Open (0) by the County. Waikoloa Village is located approximately 4 miles east of the project site, while Puak6 is located approximately 4 miles to the northeast. 20. U.S.D.A. Soil Type: A`a lava (rLV), which is a land type having practically no soil covering and bare of vegetation, except for mosses, lichens, ferns, and a few small ohia trees. 21. Land Study Bureau Soil Rating: "E" or"Very Poor". 22. ALISH: Unclassified. 23. Flood Zone: The property is classified as Flood Zone "X," which is an area of minimal flood hazard according to the FEMA Flood Insurance Rate Mapping system. 24. Floral/Faunal Resources: The project site has been extensively improved by the applicant and is not considered to be a habitat for endangered or threatened species of plants or animals. The project site, as well as surrounding lands, are dominated by barren A`a lava. -4- 25. Archeological/Cultural/Historical Resources: According to previously approved amendment reports, there were no significant archeological sites or features encountered prior to and during the development of the heliport and related facilities. Further, in a letter dated April 11, 2000, the State Historic Preservation Division determined that since there are no conditions in the existing permit pertaining to historic sites, the time extension will have "no effect" on historic properties. (Planning Department Exhibit 2 —DLNR No Effect Letter dated April 11,2000). 26. Public Access: There is no public coastal or mountain access through the subject property. 27. Traffic: According to the applicant, all traffic to the site is low and controlled by scheduling flights through a reservation system. No additional improvements are needed for the requested amendment. PUBLIC SERVICES,UTILITIES AND FACILTIES 28. Vehicular Access: Access to the project site is provided by Waikoloa Road, a County- maintained roadway having a pavement width of 22 feet within an 80-foot right-of-way. 29. Water: Water is provided to the project site by a private water system. 30. Wastewater: According to the Department of Environmental Management there is no County sewer system in the area. The existing facility is served by an existing individual wastewater septic system. Applicant shall follow Hawaii Department of Health (DOH), and all other applicable federal, state, and county regulations. 31. Solid Waste: According to the Department of Environmental Management, all commercial operations may not use transfer stations for disposal. Further, according to the State Department of Health, all solid waste and hazardous materials generated during construction must be properly disposed of at DOH-permitted solid waste management facility. 32. Other Essential Utilities & Services: All other essential utilities and services, including wastewater disposal, electricity, fire, and police will continue to be available to the project site. Police, fire, and medical services are available nearby in Waimea. AGENCIES' COMMENTS 33. Department of Land and Natural Resources - Engineering Division: (Planning -5- Department Exhibit 3 —May 17,2023 Memo) 34. Department of Health: (Planning Department Exhibit 4 —April 21,2023 Memo) 35. Department of Environmental Management: (Planning Department Exhibit 5 — May 12,2023 Memo) 36. Department of Water Supply: (Planning Department Exhibit 6 — May 10, 2023 Letter) 37. Fire Department: (Planning Department Exhibit 7 —April 26, 2023 Memo) AGENCIES -NO COMMENTS 38. Department of Land and Natural Resources — Land Division, Police Department, Department of Public Works — Engineering, Real Property Tax Office, and Office of Planning & Sustainable Development. AGENCIES -NO RESPONSE 39. Department of Agricultural, and Land Use Commission. PUBLIC COMMENTS 40. Testimony from Byron M. Fox (Planning Department Exhibit 8 — May 10, 2023 Letter) -6- AMENDMENT TO SPECIAL PERMIT (SPP 538) APPLICANT: WDC Properties, LLC REQUEST: Time Extension Request WAIKOLOA, SOUTH KOHALA,HAWAI'I.,TMK: 6-8-001: 043 INTRODUCTION On May 21, 2015.the Leeward Planning Commission approved an amendment to extend the life of Special Permit No. 53 8 ("SPP 538")to allow the continued use of a heliport and related facilities to June 30, 2025. The permit affected 9.8+/- acres of a 13.007 acre parcel identified by TMK: 6-8-001: 043. (Exhibit A) WDC Properties, LLC, ("Applicant") is the fee owner of the subject property whose business address is 69-150 Waikoloa Beach Drive, Waikoloa, HI 96738. The Applicant has a license with Blue Hawaiian Helicopters to use the subject site. The licensee, Blue Hawaiian Helicopters, wishes to make a major investment in the construction of a hangar consisting of approximately 3,500 square feet. As such, to help amortize the cost of the proposed improvement, the Applicant and licensee wish to extend the life of the heliport by an additional ten(10)years to June 30, 2035. However, as Condition 4 of SPP 538 limited the use to June 30, 2025, the Applicant is seeking to have this extended for an additional ten(10)years to June 30, 2035. I. PROJECT LOCATION The 9.8+/- acre project site is located at the southeastern corner of the Queen Ka'ahumanu Highway and Waikoloa Road intersection in Waikoloa, South Kohala, Hawaii, TMK: 6-8-001: 043 (portion). It is the site of an existing heliport/air strip and related improvements.(Figures 1 and 2) 11. GENERAL PERMITTING BACKGROUND AND NATURE OF REQUEST A. Special Permit No.538 On October 12, 1983,the subject permit was approved to establish an airplane landing strip, terminal and related improvements, subject to a number of conditions. Relative to the expiration date, Condition 7 stated that -it shall be effective for a one-year period starling from the date of commencing operations.._The permit may be extended by the Planning Commission at its discretion. " The commencement date was determined to be July 1, 1984, when Princeville Airways started its operation and began using the runway at the site,making the termination date July 1, 1985. 1. First 5-year extension to June 1990 On May 22, 1985,in response to the new owner's (Waikoloa Ranchlands, Inc.)request,the then Planning Commission and now Leeward Planning 1 Planning Dept. Exhibit 1 9� ►AMOLOA wAas•,sarr rwaaA HAw1 pure KAILO a-K°Mi ltatuikona HtrQor � I Lapak&N State Historic Park �Q � ISLAND ar xAWAU ilr ��s ° c 1 Kahala Estates �J �:7 Kehals M ntalns O AA Kawsthae Harbor—ti WA]HA� MAUNA KEA RESORT K,.,��,• °• tfaFsrme Beach Stet.Park WA€M �Walrn ' ahala Alrport Puako t MAUNA LANI RESORT Waikoloa Heliport j WAI- ! u� . `. AIK��C3L WAiKOLOA— 1,1LLAG BEACH RESORT P �fff �♦ 1 K� KONA VILLAGE RESORT , Mauna Kea Keahole Alrporf ' `dor C7Hvala e1 Honokohan Harbor 1 KAI'LUA--KONA KEAUHOU RESORT r9 KEA AKE UA - .S f I /J{ _ Fizure 1 4 , LOCATION MAP 110- t i .gpl,O E�#�, 't Sd PROJECT SITE OV / ,dcl,AA f 1ZL / c T� U) e 4p At Ir �VL Figure 2 q44 Commission ("Commission") denied the owner's request to delete the time condition and instead approved a 5-year extension to June 30, 1990. On April 14. 1987,the Commission amended SPP 538 by expanding the use to also include a heliport. The termination date of June 30, 1990,was left intact. 2. Second 5-year to June 1995 On May 24, 1990, in response to the request of the new owner, Waikoloa Development Company("WDC"), the Commission extended the use to June 30, 1995. 3. Third 5-year extension to June 2000 In a letter, dated July 6, 1995,Commission wrote that at its meeting of June 22, 1995, it denied WDC's request to delete the time condition in its entirety and instead approved an additional 5 years to June 30,2000. Concurrently, additional conditions were imposed to address issues like number of flights, maintenance, and the like. (Exhibit B) 4. Fourth 5-year extension to June 2005 On May 5,2000, again in response to WDC's request; the Commission granted another 5-year extension to June 30,2005. 5. Fifth extension to June 2015 (10 years) On March 18,2005,the Commission approved the request of the fee owner of the subject property, WDC Properties, LLC ("WDCLLC"), for a 10-year extension to June 30,2015. (Exhibit C) 6. Sixth extension to June 2025 (10 years) Finally,in its letter On May 21, 2015, the Commission approved an additional 10-year time extension to June 30,2025. (Exhibit A) Thus, in summary, since the initial approval of SPP 538 in 1983,there have been six (6)extension requests,the first four(4) of which were for five (5) years each, and the last two (2) for ten(10)years. If approved,this would amount to a total of seven(7) extension requests. It should be noted that unlike many other time extension requests, this request is not for lack of performance but an extension of its lif e. 2 B. Nature of Request While the request is to extend the life of the permit, it should be noted that the licensee,Blue Hawaiian Helicopters, wishes to construct a hangar to enable the more efficient repair and maintenance of the helicopters. Currently,the repair and maintenance work are done in Hilo, which require additional flight time and fuel costs. Having the on-site hangar enables the quick turnaround and more frequent and desirable maintenance of these helicopters. The proposed hangar would consist of approximately 3,500 square feet and less than 25 feet tall. (Figures 3, 4, 5)The anticipated cost is $3.5 to $4 million. As such,to help amortize the cost of this improvement, the Applicant is seeking additional time. If approved,the licensee would immediate begin to consummate its financing, complete and secure County approval of the construction plans, and then commencing with its construction.The licensee anticipates being able to complete this project within five(5) years. In light of the above, the Applicant desires to extend the life of the permit for another ten(10)years to June 30, 2035. While we would defer to your office for the specific language to accommodate this request, a suggested language could be as follows: Condition 4: "The permit shall be effective until June 30 f2025J 2035. (Underscored item is new, while bracketed item is to be deleted.) III. JUSTIFICATION OF REQUEST In making this request,the Applicant respectfully submits that the reasons for granting the original permit and its six(6) extensions still apply. Specifically, these reasons, in summary, were: 1) not being contrary to the basic objectives of the Land Use Law; particularly its relationship to agricultural lands and the County General Plan;2)not having significantly adverse impacts to the character of surrounding properties and their improvements; and 3) not unreasonably burdening public agencies to provide infrastructure and services. Notwithstanding the original reasons,the Applicant respectfully provides the following amplified justifications to reflect current infrastructure and regulatory situations. 1. The proposed use is an unusual and reasonable use of land situated within the State Land Use Agricultural District and would promote the effectiveness and objectives of Chapter 205, Hawaii Revised Statutes (HRS),as amended. In recognizing that lands within the agricultural districts, in spite of its agricultural classification,might not be best suited for agricultural activities; and in recognition that certain types of uses might not be strictly agricultural in nature, 3 10 0 q yR 0 ti 4. 7L L> z -n 5 0 MATTHEW SCHALLER,ARCHITECT INC. > P P.O.BOX 120 HANALCI,KAUAI.HAWAII 96714(808)826-46M FAX 826-9697 Figure 3 BLUE HAWAIIAN HANGER TMK[1]6-8-01:43; 66-690 WAIKOLOA RE),WAIKOLOA VILLAGE,HT- i 19 I f,� r y' (7 D D w a� ,. S c y I W 0 C m MATTHEW SCHALLER, ARCHITECT INC.D O V.O.BOX 120 RANALFI,KAUAI,HAWAII96714(808)826-4699;FAX 826.9697 Figure 4 C� BLUE HAWAIIAN HANGER TMK[1]6-8-01:43; 66-690 WAIKOLGA RD,WAIKOLOA VILLAGE,HI. ,i- m m A ---------------- t-- - - O _ m D A m x m A O x m m m D O ;r 4 MATTHEW SCHALLER,ARCHITECT INC.D P.O.BOX 120 HANALEI,KAUAI,HAWAII 96714(808)826.6699;FAX 826.9697 Figure 5 O BLUE HAWAIIAN HANGER W TMK(1]6-8-01:43; 66-690 WAIKOLOA R0,WAIKOLOA VILLAGE,HI. yet reasonable in such districts,the legislature has provided for the Special Permit process to allow certain unusual and reasonable uses within the Agricultural District. In addition,the State Land Use Law and Regulations are intended to preserve, protect and encourage the development of lands in the State for those uses to which they are best suited in the interest of the public health and welfare of the people of the State of Hawaii. In the case of the Agricultural District, the intent is to preserve or keep lands of high agricultural potential in agricultural use. The land on which the proposed use is situated is classified as "E"or"Very poor' for agricultural productivity by the Land Study Bureau and not classified on the ALISH Map. Notwithstanding the poor agricultural resource quality of this site, one can argue that there is always the potential. However, given the fact that the requested area is already built upon,there should be very little, if any, additional area to be removed from potential agricultural productivity. The existing and additional improvement can easily be removed to make the land usable for agricultural or other purposes should that be deemed necessary in the fixture. Accordingly,the continued use of this area as a heliport with a hangar and runway should not have a significant, if any, adverse effect on the State and County's agricultural land inventory. In sum,the requested time extension to allow the continued use of this site coupled with the construction of a hangar for the heliport and air landing strip is an unusual and reasonable use of lands situated within the Agricultural District and should not be contrary to the objectives of Chapter 205, HRS, as amended. 2. The proposed request is not contrary to the General Plan policies and objectives as well as the recently adopted South Kohala Community Development Plan ("CDP"). The County General Plan Land Use Pattern Allocation Guide (LUPAG)map designates the site Extensive Agriculture with the Urban Expansion overlay. The Extensive Agriculture designation refers to "Lands not classified as Important Agricultural Land Includes lands that are not capable of producing sustained, high agricultural yields without the intensive application of modern farming methods and technologies due to certain physical constraints such as soil composition, slope, machine tillability and climate. Other less intensive agricultural uses such as grazing and pasture may be included in the Extensive Agricultural category. " Relative to the Urban Expansion overlay,the overlay allows for a mix of high density, medium,and low density uses, as well as "industrial, industrial- commercial and/or open designations in areas where new settlements may be 4 desirable, but where the specific settlement pattern and mix of uses have not yet been determined. " Given these designations and because the continued use of this site will not result in the reduction of any currently cultivated land,the requested extension of the Special Permit would not be inconsistent with the General Plan LUPAG designation, and no amendments would be required. Because of the absence of any agricultural activities surrounding the subject site, the continued use should not have any adverse impacts on the region's agricultural industry. Relative to the General Plan's goals and policies, the continued use would fulfill be consistent with the following: Economic Element • Economic development and improvement shall be in balance with the physical and social environments. • The County shall provide an economic environment which allows new, expanded, or improved economic opportunities that are compatible with the County's natural and social environment. • The County shall strive for diversification of its economy by strengthening existing industries and attracting new endeavors. Land Use Element • Designate and allocate land use in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. • Protect and encourage the intensive utilization of the County's important agricultural lands. • The County shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. Land Use Element—Commercial • Designate and allocate land use in appropriate proportions and mix and in keeping with the social, cultural,and physical environments of the County. • Protect and encourage the intensive utilization of the County's important agricultural lands. 5 • The County shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. • Provide for commercial developments that maximize convenience to users. • Provide commercial development that complements the overall pattern of transportation and land usage within the island's regions,communities,and neighborhoods. • Distribution of commercial areas shall be such as to best meet the demands of neighborhood, community and regional needs. (Policy) In summary, the project would be consistent with those goals and policies. It would not be removing any productive agricultural lands; it would be providing a service to the local communities and the visitor industry; and it would not adversely affect surrounding properties and communities. In terms of the visitor industry,the Applicant recently received approval of its proposed 900-unit timeshare project. The project is anticipated to bring additional visitors to this area that will stretch well beyond the current period of 2025. Further,the Applicant is in the process of constructing over 200 workforce housing within the resort. All told, the helicopter facility will enable its use in times of emergency not only for these residents but guests as well. Relative to the South Kohala Community Development Plan ("SKCDP"), Section 15.1 of the County General Plan called for the development and eventual County Council adoption of Community Development Plans ("CDP"). The General Plan states that the Community CDP "will translate the broad General Plan statements to specific actions as they apply to specific geographical areas. The General Plan also notes that should the CDP require a General Plan amendment, it could be considered concurrent with the adoption of the CDP. However, "If there is a direct conflict between the Community Development Plan and the General Plan, the General Plan shall be controlling. " Pursuant to the above,the SKCDP was developed and adopted by the County Council during the latter part of the year 2008 as Ordinance No. 2008 159. Relative to the Waikoloa Village Conceptual Plan of the SKCDP,the subject site is identified as an area where the existing A-5a zone should be retained. Such a designation applies to essentially all of the lands on the north and south side of Waikoloa Road between the Queen Ka'ahumanu Highway and Waikoloa Village. The areas surrounding the subject site are still zoned A-5a, and there are no pending rezoning and/or land use applications for these areas. It is unlikely that any urban-type of uses would occur in this area within the next 10-years, given 6 the land use entitlement process and the SKCDP's conceptual land use plan of this area. Hence, the requested time extension,while still consistent with the General Plan LUPAG map, would not compromise the basic land use objectives sought to be accomplished by the SKCDP's conceptual plan. The SKCDP also identified four major policies for the Waikoloa Village area. As noted below,these policies have only marginal,if any, relationship or applicability to the requested use. Policy 1: Provide Infrastructure and Facilities For a Growing Community. There were seven(7)identified strategies, relating to the planning, funding, and construction of a 1)community center and community park, 2) public schools,3)community library,4) major commercial center for the Village;two(2)relating to improving the area's potable water system and wastewater treatment system. The remaining one,which has some measure of applicability, is the provision of more emergency facilities. The strategy on emergency facilities addressed matters such as emergency shelters but also the planning for future helipad facilities. While that search is on-going,the existing heliport being less than 5 miles from the Village can and continues to provide some of these emergency functions for the Resort areas, Village and overall community at large. The licensee, Blue Hawaiian Helicopter,has provided support to the Red Cross,Nature Conservancy,and government agencies, such as the Civil Defense(particularly in conjunction with the June 27 lava flow), Fire Department, U.S. Coast Guard, the National Oceanic and Atmospheric Administration(NOAA), and Department of Defense. In that regard, the requested extension would enhance rather than detract from implementing this policy and strategy. Policy 2: Environmental Stewardship, Sense of Place, and Open Space Two (2) strategies were identified,which only marginally apply. These were providing support for alternative energy and environmental restoration projects, as well as the preservation of Waikoloa's scenic views, landscapes, and pu'u. Policy 3: Provide Transportation and Circulation Improvements in a Timely Manner The six (6) identified strategies dealt with road planning and improvement programs (such as having a second access from the Village to the Queen Ka'ahumanu Highway and the like)hence not directly applicable to the subject heliport. 7 Policy 4: Encourage Affordable Housing and Smart Growth Of the five (5) identified strategies, only one (1) has some relevance. Strategy 5 suggests that "Ag-zoned lands west and south of Waikoloa Village that are designated as `Alternate Urban'Expansion lands in the County General Plan...shall remain in 'A-5a'and 'A-20a'zoning until already RS-10 zoned lands at Waikoloa Village have been substantially developed. " The thrust of this strategy was to time development,particularly residential development, so as to avoid scattered developments even when the need is not there. In this case; the subject project is not a residential one and the request is via a Special Permit with a limited life, unlike if the property were zoned. In that sense, the request would not compromise that objective. 3. The desired use will not adversely affect surrounding properties or the general character of the area. All of the adjoining properties to the north and south are undeveloped. There are no pending urban and/or ag-related entitlement requests of these areas. Given the entitlement process,any urban type of use would extend beyond or at least near the life of the existing life and requested 10-year extension. The time extension will help amortize the cost of constructing a much needed hangar. The proposed hangar will be located in a natural alcove situated approximately 10 feet below the road line of sight. As such,the alcove will provide a natural shelter for the hangar and that together with the existing lava landscape should help minimize its visibility from both Waikoloa Road and the Queen Ka'ahumanu Highway. (Figure 6) It should also be noted that in conjunction with the amended Special Permit in 1995,there were noise related and flight control conditions to address potential impacts to surrounding properties. (See Exhibit B) To help address noise issues,Blue Hawaiian Helicopters purchased ten(10) of the helicopter industry's first low noise passenger helicopters in 2000 called the EC 130134. In 2012, it also committed to purchase ten(10) more of those helicopters, which will include the latest version of the EC130B4. Condition 10 requires an annual monitoring report, which calls for a list of any complaints received by the applicant and its disposition regarding its operations. No known complaints have been filed relating to possible infractions of the conditions. Excerpts of the most recent annual report(2021) is found in Exhibit D. An updated report for the year ending 2022 will be submitted to the Planning Department in May 2023. s t� e �y�J r! r*y d ER F 3 i g r i ,S n 4: a� r Figure 6 3 vc. DO C 4. oA� \1 V 4`. 6 � CD CD aw 00CD a o CD x ; L j7.' #YS F 4t Further, Condition 11 enabled the Commission to schedule a public hearing and address any infractions of conditions or other nuisance related matters by the applicant. To date,there has been no call for such a hearing. Condition D 4. The proposed uses will not unreasonably burden public agencies to provide roads and streets,sewers, water,drainage,school improvements,and police and fire protection. Potable water is provided via a private water company. Fire protection is also secured through this system. Access is provided from the Waikoloa Road, which is fully improved. No additional improvements are needed. Because the flights are scheduled through a reservation system,the volume of traffic to the site is controlled and thus quite low, averaging no more than 10 per hour. Personal vehicles and commercial vans are the usual mode of transportation to the site. Regardless of the mode of transportation,there are sufficient off-site parking and the visibility to and from the site is reasonably good from Waikoloa Road. Police and fire agencies are located in Waimea, although there is a fire station less than 3 miles from the subject site.These public agencies already service this area, as there are urban uses proximate to this area. As such, the project should not result in an extension of or place an unreasonable burden on these services. Additionally,the heliport, if needed, has been made available for emergency purposes such as brushfire, emergency transport,and the like. 5. The site is suitable for the requested uses. The existing heliport has not created any public impacts, thus demonstrating its suitability. From a land resource perspective, the land is not suitable for agricultural activity. The request will thus not result in the removal of any productive agricultural land. According to the applicant,there has been no flooding or other natural disturbance in the area of the requested use over the past 25+years. Based on the improved condition of this area,there should be no adverse impact to the area's floral or faunal resources. Itis also unlikely that there are any archaeological or cultural resources that would be adversely impacted, given the developed condition of the site. As such,there should be little or no environmental restrictions over the use of this site for the extended use of this site as a heliport. 6. As all of the needed improvements associated with the requested use already exist, approval of this request should not result in the alteration of the existing character of the area. At this time,there are no plans to make improvements to the site. The applicant wishes to retain what presently exists on the site and want to continue operating for another 10 more years from this point forward. As such, the visual character of the land would not be changed. 9 7. Unusual conditions,trends,and needs have arisen since the district boundaries and regulations were established. Prior to adoption of the County General Plan (1971), the State Land Use District boundaries were established in this area. Since that time, growth has incessantly occurred and in an effort to manage this growth,the General Plan has been periodically updated,while the South Kohala CDP was adopted in 2008. Both of these documents provide the land use framework to guide or manage growth in this area. Those documents suggest urban uses in this area at some point in time. The heliport would be consistent with the concept of urban type of uses. However, in deference to its potential nuisance impacts and not wanting to forfeit future land use options in this area, the applicant has elected to proceed with this route rather than the State Land Use boundary amendment and county rezoning route. Given the absence of complaints to date and the slow rate at which this and the surrounding areas have been developing,the reasons for approving the original permit(with conditions),are still applicable. At the same time, the need for this type of use still exists, as evidenced by the Applicant's request for additional time. It is thus maintained that the reasons used to support the existing permit also apply to the requested time extension request. The Applicant thus respectfully requests your favorable consideration of its requested time extension. 10 m poae�v t EEW n PLANINIIN�C^ Irn✓11�SS1®�I Aupuni Center o 101 Pauahi Street,Suite 3 Hi10,Hawaii 96720 Phone(808)961-8288 © Fax(808)961-8742 JUN 0 4 2015 Sidney M.Fake Planning Consultant 100 Pauahi Street, Suite 212 Hilo,HI 96720 Dear Mr. Fuke: SUBJECT: Special Permit No.538 (Docket No. 83-000001) Applicant: AN'DC Properties, LLC Request: Time Extension to Condition No.4(Life of Permit) Tax Map Key: 6-8-001:043 The Leeward Planning Commission, at its duly held public hearing on May 21,2015,voted to approve the above-referenced request for an amendment to Special Permit No. 538 for a 10 year extension to the life of permit(Condition No. 4)which allowed the establishment of the existing Waikoloa heliport and its related improvements situated on 9.8±acres of land within the State Land Use Agricultural District. The property is located at the southeastern coiner of the Queen Ka`ahumanu Highway and Waikoloa Road intersection,Waikoloa, South Kohala,Hawaii. Approval of this amendment is subject to the following amended conditions: 1. The petitioner,its successors or assigns shall be responsible for complying with all conditions of approval. 2. The applicant shall indemnify and hold the County of Hawaii harmless from and against any loss, liability,claim or demand for the property damage,personal injury or death arising out of any act or omission of the applicant, its successors or assigns, officers, employees,contractors and agents under this permit or relating to or connected with the approval of this permit. Hawaii County is an Equal Opportunity Provider and Employer EXHIBIT A Sidney M. Fuke Planning Consultant Page 2 3, Final Plan Approval for all uses and structures associated with the heliport,pursuant to Sections 25-2-72 and 25-2-75 of the Hawaii County Code(Zoning Code), shall be secured from the Planning Department. Plans shall identify all existing and proposed structures,helipads,landscaping, fire protection measures,paved parking stalls and paved driveway access associated with the approved use. Plans shall also indicate helicopter ingress and egress routes. Uses of the landing strip shall be limited to heliport operations only. 4. This permit shall be effective until June 30,2025. S. Heliport operations at the project site shall be limited to a maximum of 40 landings per day during daylight hours. Emergency landings or emergency helicopter support are excluded from this condition. b. Routine daily maintenance and engine testing to ensure airworthiness is permitted at the heliport. Regular scheduled maintenance of helicopters at the heliport is prohibited. Flight testing of helicopters,with the exception of flights associated with emergency repairs,is also prohibited at the heliport. Other operational procedures, such as refueling,shall comply with applicable governmental regulations. 7. Safety devices and signage as may be required by the State Department of Transportation shall be installed prior to the commencement of helicopter flights from the approved heliport facility. 8. The petitioner and all users of the landing strip shall be responsible to take reasonable precautions to avoid the creation of hazardous conditions which may affect traffic in the area of the landing strip. Should it be determined that adequate precautionary measures are not being taken,the Planning Director is authorized to temporarily suspend any further use of the landing strip pending further disposition by the Planning Commission which may then nullify the permit. 9. All other rules,regulations,and requirements shall be complied with. 10. An annual monitoring report shall be submitted to the Planning Director on or by June 301 of each year this permit is in effect. The report shall include, but not be limited to,a comprehensive listing of all complaints received by the applicant regarding operations at the heliport and its disposition. This condition shall remain in effect until all of the conditions of approval have been complied with and the Planning Director acknowledges that further reports are not required. Sidney M.Fuke Planning Consultant Page 3 11. The applicant shall be responsible for operating the heliport facility in a manner as represented to the Planning Commission, including good faith negotiations with qualified helicopter tour companies,and prescribed under the conditions of approval of this permit. Non-compliance with these representations or conditions of this permit shall cause the Planning Director to schedule a public hearing on the matter before the Planning Commission to determine whether a violation has,in fact,occurred. 12. Should the Planning Director determine that any of the conditions have not been met or substantially complied with in a timely fashion, the Planning Director shall initiate procedures to revoke the Special Permit. [Note: Ramseyer version available upon request.] This approval does not,however, sanction the specific plans submitted with the application as they may be subject to change given specific code and regulatory requirements of the affected agencies. Approval of this permit is based on the reasons given in the attached Findings Report. Should you have any questions,please contact Jeffrey Darrow of the Planning Department at 961-8158. Sincerely, Brandi K. Beaudet, Chairman Leeward Planning Commission LWDCpropertiesamendSPP5381pc Enclosure: PC Findings CC'. Department of Public Works Department of Water Supply County Real Property Tax Division State Land Use Commission Mr. Gilbert Bailado WDC Properties LLC COUNTY OF HAWAKI PLANNING COmmvp.,QIn� N FUNDING WDC PROPERTIES,LLC SPECIAL PERMIT NO.538 REQUEST TO AMEND CONDITION N0. 4 (LIFE OF PERMM Special Permit No. 538 was approved by the Planning Commission on October 12, 1983, and subsequently amended on May 22, 1985, May 24, 1990, June 22, 1995, May 5, 2000 and March 18, 2005. The March 18, 2005 amendment to Condition No. 4 allowed an additional 10 years to the life of the permit: "This permit shall be effective until June 30, 2015." The applicant is requesting an amendment to Condition No. 4 to extend the life of Special Permit No. 538 for a period of ten (10) years until June 30, 2025. The property is located at the southeastern corner of the Queen Ka`ahumanu Highway and Waikoloa Road intersection, Waikoloa, South Kohala,Hawaii,TMK: 6-8-01:043 (portion). Approval of this request would not be contrary to the objectives sought to be accomplished by the Land Use Law and Regulations. The establishment of the Waikoloa Heliport and related improvements within the State Land Use Agricultural District and the County's Agricultural-5 acre zoned district was originally permitted through the Special Permit review process. The Special Permit process provides an avenue to review and analyze proposed projects on a case-by-case basis relative to infrastructure and impacts on surrounding properties and existing uses as well as the General Plan goals and policies. Approval of an additional ten- year life to Special Permit No. 538 would not be in conflict with the agricultural objectives of Chapter 205, Hawaii Revised Statutes, as amended. The State Land Use Law and Regulations are intended to preserve, protect and encourage the development of lands in the State for those uses which they are best suited in the interest of public health and welfare of the people of the State of Hawaii. In the case of the Agricultural District, the intent is to preserve or keep lands of high agricultural potential in agricultural use. The project site is comprised of A'a lava, which has been classified as "E" or "Very Poor" for agricultural productivity by the Land Study Bureau's Detailed Land Classification System and which is not classified by the Agricultural Lands of Importance to the State of Hawaii (ALISH) system. The land upon which the proposed use is sought is not well suited for agricultural uses permitted within the district. The continued operation of a heliport facility within the project site will not displace any agricultural activity nor diminish the agricultural potential of the surrounding area. Therefore, the continued use of the heliport would not be contrary to the objectives of the State Land Use Law for the Agricultural District. Continued use of the heliport facility for a period of ten years will not adversely affect surrounding properties. The ingress-egress routes to and from the heliport, which have the greatest potential of impacting surrounding lands,have been selected to avoid noise sensitive areas, such as residential and resort areas. Flights over the area makai of Queen Ka`ahumanu Highway from `Anaeho`omalu to Kawaihae are prohibited, except in the event of an emergency or if required for safety reasons. Existing flight patterns avoid the nearest residential areas of the Waikoloa Village, located approximately four miles east of the facility, and Puako, located approximately four miles north of the facility, as well as the resort areas along the coast. To date,the Planning Department has not received any complaints from the general public regarding -I- operations related to the heliport. In. September 1997, the heliport operator engaged an acoustical and electronic engineering firm to prepare a Noise Exposure Map for the Waikoloa Heliport. This map demonstrates that there are no noise sensitive uses within the contours affected by the heliport. Lands surrounding the project site are currently vacant, with no imminent proposal for its development into uses which could conflict with the continued use of the heliport. However, it is recognized that surrounding lands are targeted for urban development,which could be severely impacted by the heliport. The amendment to limit the life of Special Permit No. 538 to a period of ten years would provide the Planning Commission with the opportunity to re-assess Special Permit No. 538 to ensure that development of lands within the immediate area will not be adversely affected by the continued use of the heliport. Restrictions regarding the maximum number of flights per day, hours of operation, general maintenance activities and test flights are included as conditions of approval to ensure that the scope of heliport operations as represented to the Planning Commission and the Planning Department remain consistent with the findings of the recommendation. An annual monitoring report will continue to be required to document complaints which may be received by the applicant. The desired use will not unreasonably burden public agencies to provide roads and streets, sewers, water, drainage, police and fire protection. Access, water, wastewater disposal facilities and other essential facilities and services are already available to the project site. Continued use of the project site as a heliport will not place additional burdens upon public agencies to provide these services. Unusual conditions, trends and needs have arisen since the district boundaries and regulations were established. During the 1980's and throughout the 1990's, the helicopter tour industry experienced a gain in popularity. The North Kohala area became one of the major attractions for the tourist and helicopter industries. As the demand for helicopter tours increased, so did the need for heliports. Heliports may be permitted on lands located within the State Land Use Urban District through the issuance of a Use Permit by the Planning Commission. However, the establishment of heliports within Urban Districts usually conflicts directly with other noise sensitive urban uses, such as residential, commercial and resort developments. Agricultural lands provide, for the most part, the large acreage and remote locations required to provide a buffer from the noise generated by such facilities. Therefore, by allowing the establishment of heliports within agricultural lands, the potential for conflicts with urban uses are subsequently minimized. Continued use of the heliport for a period of ten years will not substantially alter or change the essential character of the land and its present use. The existing heliport facilities have been in operation since 1990 and as an airfield from 1984 through 1990. Extending the life of Special Permit No. 538 will not change the character of the project site or its surrounding area from its current established theme as a transportation facility. Endangered species of flora and fauna are not anticipated within the project site due to its soils being made up of barren A'a lava. For similar reasons, significant archaeological sites are not anticipated to be located within the project site. The continued use of the heliport is not contrary to the General Plan. The General Plan Land Use Pattern Allocation Guide(LUPAG) Map designates lands surrounding the project site and on both sides of Queen Ka`ahumanu Highway and Waikoloa Road as an Urban Expansion Area. This designation allows for a mix of high density, medium density, low -2- density, industrial and/or open designations in areas where new settlement patterns may be desirable, but where the specific settlement pattern and mix of uses have not yet been determined. Within areas designated for development as resorts,portions of the resort area may be included in the urban expansion area. Although the applicant states that the mostly vacant lands adjacent to the project site will not be developed within the next ten years,periodic review by the Planning Commission is necessary to ensure that the compatibility of the heliport with any existing or other uses allowed within an Urban Expansion Area are maintained. As urban development is encouraged within the immediate area and traffic along the Queen Ka`ahumanu Highway and Waikoloa Road increases, the potential conflict between these uses and facilities and the heliport will also increase. Therefore, by providing an opportunity for periodic review by the Planning Commission, the continued operation of the heliport for an additional ten-year period is not contrary to the objectives sought to be accomplished by the General Plan. The continued use of the heliport would be consistent with the following goals, policies and standards of the Land Use and Economic Elements of the General Plan. Land Use Element • Designate and allocate lands in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County. Economic Element • Economic development and improvement shall be in balance with the physical and social environments of the island of Hawaii. • The County shall provide an economic environment which allows new, expanded, or improved economic opportunities that are compatible with the County's natural and social environment. • The County shall strive for diversification of its economy by strengthening existing industries and attracting new endeavors. Based on the above considerations, the continued use of the Waikoloa Heliport is approved for an additional ten(10)years until June 30,2025. -3- Stephen K-Yamashiro Mayor PLANKING COMMISSION 25 A-Puni Strcct.R.owm 109 -Hibo,Hawa?F 967ZQ-=252 (808)961-3288 Fax(808)960615 CERTMED MAIL Z 416 228 868 .Icily 6, 1995 - Am Cobb, Planiiing Coordinator Waik€f6a,boyelopz i Co. 150 Wadcolaa Ieacl Drive Kawueta, H1 9674 33 Dear Ms. Cobb; f Special Pepipit N6- 538.' - Applicant . 'arLloi D-evploprnent Co. t Approved Use Airplane Lardi ; S€rip a .I :r lipor€ : Itecluest Delete Condi.ti n No- 5 (Life 6 Peixru0 s Tax a Ke: 6-8-`l_.1� FCif}Ii of..43 . The P Qizrzitig Cainmissiaxi at Ets duty held piiblie hearing oix:Tune 22, 1995, voted to apprpx-ex M part. the regnest'to da ete Con q.0n.'0. 5 (life of perxn?.t o S iecaal.Periziif No 5 8 �r�ic aft ;ry d e esf bhs zeaaf; tfie exist aiko16a.aizplane tari&g' strip; heli�PTI aizd related i prove imts:oil 9 8 acres of I Bit ted vitn:�� * .I xicl e A t al District,at the.southern corner of,the Queen K ahumanti Highway- �4raikolaa Road Waikoloa, �6utti KoN.ila, Hawaii. t Approval of this request his based on the foilowmg_ L corgi e F g a ell Per�it.f r u iy proposgd-use or atniehdrnent thereto, Rule 6 of � the.Planx'ng Camx sszftfelatfiig to Sp-cial Pelts feequiies tlxal such t o c m to die foil owing..grutclahiies, a. Such Use.Shall.nEat ue coftwary.to the objeutives sought to be accomplished by I-- Land T-Tse Law and Reg 11 ilations; b. The desired use shm-11 not aodversely a ect mrroundiiig properties; C. Such use Shall not unreasonably burden,public agencies to provide roads and streets, sewers, water, drainage, school improvements, and police and fire protection; d. Unusual canditions, trends and needs have arisen since the district boundaries and regulations were established; EXMBIT B Arm Cobb, Plan€-ing Coordinator Wai,oloa Development Company Page 2 e_ The land upon which the proposed use is sought is unsuited for the uses permitted within the district; f. The proposed use will not substantially alter or change the essential character of the land and the present use; g. The request will not be contrary to the General Plan and official Community Development Plan and other documents such as Design Plans; In addition to the guidelines detailed above, the P.lamaing Commission must also find that the proposed use: a. Is an unusual and reasonable use of land situated within the Agricultural or Rural District, whichever the case may be; and b. Would promote the effectiveness and objectives of Chapter 205, Hawaii Revised Statutes, as amended, A proposed use must meet all of these criteria for approval by the Planning Commission. Approval of the applicant's request to delete Condition No. 5 to allow the perpetual use of the Waikoloa Heliport would not promote the effectiveness and objectives of Chapter 205, Hawaii Devised Statutes, as amended. More specifieally, approval of the- request would not be consistent with certain guidelines for granting of a,Special Permit which states that the desired use shall not adversely affect surrounding properties and be consistent with the General Plan. The Planning Director's recommendat sn of dual of the applicant's request is based upon.potential concerns surrounding the location of the project site within an area designated for feature urban development as well as its close proximity to the major Lrat`�.spsor ation corridors of Queen Kaahunanu Highway and Waikoloa Road. While the State Department of Transportation and the County Departn7eri of Public Wofks nave no concerns or objections to the continued use of the approved heliport, the Commission originally imposed a one year life to Special Pent No. 538 due to concerns regarding potential adverse impacts to traffic along the Queen H zay z. the, deed fb the Commission to periodically assess tine pert it. Currently, the General Plana.Land Use Pattern Allocation Guide (LUPAG) Map designates lands surrounding the project site and on both sides of awe Qlue :a- '�ahum£nu H ghw�ay and WaLk-olea Road.as an Urban.Expansion Area, which would allow for a mix. of high deirity, mad:ium density, loiv dwwr%ity, indus i l and;or open designations in areas where new set-t1cments may be desirable, but where the specific settlement pattern and mix of rases have not yet been determined. Within areas designated for development as resorts, portions of the rvsvti aaea may be Joclzde' in ih-- £m-baa er-pari: nor; area. While the applicant states that uul—mundiiag;ands will be ri+�.i ized for resort support services development, periodic review by the Planning Commussion is necessary to enure u-5- i11-- - c�'ypZ't ram^ S rIF f16--Fdi s it f'it% f} se or €`hcr'uses for,,ed 7Ar thin an arban Expansion Area are!e aintaLned. AS uri an develop-ant is es-co__- Z- area and traffic along the Queen Raahumanu Highway and Waikoloa goad increases, the 00teRtial for conflict between these uses -and fact ties and the heliuort will also increase- Alin Cobb, Planning Coordinator Wail:oloa Development Company Page 3 The Planning Director is, however, recommending that the Planning Commission approve an amendment to Condition No. 5 to extend the life of Special Permit No. 538 for an additional five(5) years. This term life would afford the Plarmina opportunity to reassess the cc�rtiniled use of the t�aikoloa Heliport grid iitsa bi hty Loan complemeat the use of lands surrounding the project site. Approval of an additional five-year life to Special Kermit No. 538 would not be in conflict with the agricultural objectives of Chapter 205, Hawaii Revised Statutes, as amended. The State Land Use Law and Regulations are intended to preserve, protect and encourage the development of lands in the State for those uses to which they are best suited in the interest of the public health and welfare of the,people of the State of Hawaii. In the case of the Agricultural District, the intent is to preserve or.keep lands of high agricultural potential in agricultural use. The project site is comprised of A'a lava, which.have been classified as Very Poor for agricultural productivity by the Land Study Bureau's Detailed Land Classification System and which are not classified by the Agricultural Lands of Importance to the State of Hawaii (ALISH) system. The land upon which the proposed use is sought is agot well suited for agricultural uses permitted within the district. The Continued operation of a heliport facility within the project site will not displace any agricultural activity nor diminish the agricultural Potential of the surrounding area. Therefore, the continued use of the heliport would not be contrary to the objectives of the State Land Use Law for the Agricultural district. Continued use of the heliport facility for a period not to exceed five years will not adversely affect surrounding properties. The ingress-egress routes: to and from the heliport, which have the greatest potential of impacting surrounding lands, have been selected to avoid overflights of.noise sensitive areas, such as residential and resort areas. 'to date, the Planning Department has not received a single complaint from the general public regarding 'operations related to the heliport. Lands surrounding the project site are currently vacant, wren no h 1-;r t proposal for its development into uses which could co�Iict with the continued use of the heliport_ .However, it is recognized that surrounding lands are targeted for urban development, which could be severely impacted by the heliport. The Director's recommendation to limit the life of Special Permit No. 538 to a period of five years would provide tlne CO—I ission with art opportunity to re-assess Special Permit No. 538 to ensure that development of lands within the immediate area will not be adversely affected by continued use of the heliport. Restrictions regarding the number of maximum flights per day, lion>S of i to i;'i, :ier i SI.aint aftu ;iiviti:S and Ctst flights are iRcluded 25 conditions of approval to ensure that the scope of heliport operations as represented to the Planning Commission and Planning Department remain consistent with the findings of the Recommendation. An ammal monitoring rel?Ort wi_Il continue W be req=.tired to document complaints which may be received by the applicant. Continued use of the heliport for a period of five years will not substantially alter or GhaU-9c t1fle ess,—dal ehaiactf,— of the Iain''i Arid its Ptmsz at use. The zxisting hcl.port facilities have been in operation since 1990 and as an airfield from 1984 through 1990. Extending the life of Special Permit No. 538 will not change the character of the project site or its surroundings area from its current established theme as a t_ranspnftsit on f�nii rC: Fr�ian _red species of flora or fauna are not anticipated within the project site due to its extensive development as a heliport facility. For similar reasons, significant archaeological sites are not anticipated to be located within the project site. Azxu Cobb, Planning Coordinator Waikoloa Development Company Page 4 The desired use will not unreasonably burden public agencies to provide reads and streets, sewers, water, drainage, police and fire protection. Access, water, wastewater disposal facilities and other essential facilities and services are already available to the project site. Continued use of the project site as a heliport will not place additional burdens upon public agencies to provide these services. Unusual conditions, trends and needs have arisen since the district boundaries and regulations were established. During the 1980's, the helicopter tour industry saw a gain in popularity. The North Kohala area and the volcano became centerpieces for the tourist and helicopter industries. However, as the demand for helicopter tours grew, so da the need for heliports. Heliports may also be permitted on lands located within the State Land Use Urban District through the issuance of a Use Permit by the Planning-Commission. However, the establishment of heliports within Urban Districts usually conflicts directly-with outer noise sensitive urban uses, such as residential, commercial and resort developments. Agricultural lands provide, for the most part, the Iarge acreage azid remote locations required to establish a buffer from noise generated by such a facility,-The potential for conflicts with urban uses are,subsequently minimized. Continued operation of the Waikoloa heliport will support a growing helicopter tottr industry while also recognizing the sensitivities associated with such activities in this particular location, which are usually attributed to noise and visual impacts. The proposed use would be consistent with a ,goal of the Land Use Element of the General Plan to "Designate and allocate lands in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County" while also complimenting the fallowing goals and policies of the Economic Element of the General Plan: Q Economic development and improvement shall be in balance with the physical and social environments of the island of Hawaii, o The County shall provide an economic environment which allows new, expanded, or unproved economic opportunities that are compatible with the County's natural and social environment. o The. County slaall strive for diversification of its economy by strengthening existing industries and attracting new endeavors. Based on the above considerations, continued use of the Waikoloa beliport for an additional five years until June 30, 2000, is an unusual and reasonable use of land, which would not be contrary to the objectives sought to be accomplished by the Land Use Lava and Regulations. Approval of the amendment to Condition No. 5 of Special Permit No. 538 is also subject to the following amended conditions of approval {material to be deleted is bracketed and material to be added is underscored): 1. The petitioner, its successors or assigns shall be responsible for complying with all conditions of approval. Ann Cobb, Planning Coordinator Waikoloa Development Company Page 5 2. The applicant shall hideffl.n" d old the Coon of Hawaii hannless from and against any lass liabilit claim or demand for the roe damage ersonal injuKy or death arising out Of any ct oy ©mission of the applicant, its successors ar assigns e ern to ees contractors and a erns �snder this permit or relating to or connected with the gpproyal of this errnit, [211 [Structures to be built on the subject property shall be limited to the waiting room facility as shown on the plans submitted in conjunction with the special permit application and u] Final Plan A !oval for all uses and structures associated with the hell art ursua-nt to Sections 25-24 and 25-244 of the'Hawaii Coup Cody Zonitz Cody shall be ecured fro the Plattnin De arttnent. Plans shall identi all existing. and pLojmsed s etu es tec ton -- _ asslandscapr� h theea roravetl use�aFlans s all also indicate stalls and waved driveway P...�ved p 1 indicate l"co to ingress and Bares routes. Uses of the landing strip shall be limited to heliport operations only. (3. .Applicant will apply for a driveway permit from the Department of Public Forks. Said application shall indicate paved driveway, paved connections to Waikoloa'pillage Road and adequate paved parking for the operation, subject to the requirements of and approval of the Department of Public Works. 4. Sufficient water for the heliport shalt be made available at the site by the Waikoloa Water Company as part of the subdivision process.] [5]4. This permit shall be effective until June 30, [1995] 2000t with no obligation to renew]. L. Heliport operations at the project site shall be limited to a maximum of 40 landings 12er day during da li ht hours. Emergency landings or emer=nc-y belico ter s-al2voTt are excluded from this condition.- -6- RO—lutim, dgily maiDtenancp,, and engige LOIiRz to =Sure ALWOrtl1ilitsais e itted at the heliport. Regular cheduled maintenance of helico ters at the helipant is lmohib ited. Eight testing of helico tars with the exception of flights associated with emergengy re airs is also ro ibited at t e hell art. Other gperafional procedures such as refueling, shall cotnnly with applicable governmental reolations. [E]7.' Safety devices and signage as may be required by the State Department of Transportation shall be installed prior to the commencement of heli�coter flights [using the landing strip] from the apprpved heliport facility,. [7]8. The petitioner and all users of the landing strip shall be responsible to take reasonable precautions to avoid the creation of hazardous conditions which may affect traffic in the area of the landing strip. Should it be determined that adequate precautionary measures are not being taken the Planning Director is authorized to temporarily suspend any further use of the landing strip pending further disposition by the Planning Commission which may then nullify the permit. [8. AlI flight activities shall be restricted to daylight hours.] 9. All other rules, regulations, and requirements shall be complied with. - Ann Cobb, Planning Coordinator Waikoloa Development Company Page 6 1©. [yearly status reports regarding the operation, including any problems and/or complaints received, shall be submitted to the Planning Department and the Planning Commission by rune 30th of each year.1 An =Mal InGnit0ring report shall be submitted to the ann n Director on or by :tune 30th of each year this per is in effect. The re rt shall include but not be limited to a comprehensive listing of aLLcom.plaints receive T the a Iicant re ardin o eratiotxs at the heliport and its disposition. This conditi n shall remain ul effect until all of the conditions of nnnrnyal Have beers complied with and the Planning Director acknowledzes that further re orts are not re aired. 11. [Any alleged violations to the conditions or complaints as to the use of the property as a heliport may cause the Planning Director to schedule a public hearing before the Planning Commission-I The applicant shah be responsible for aperat g the heliport facili hi'a manner a e to t o - presclibed u e i i ns Qf approval of this permit. Non-co liance with these re resentations or c nd`tions of this e 't shall cause the Planning Director to schedule a public hearirtgy on th, ter before the Planxt n Commis ;on to determine whether a violation has in fact occurred. .12. Should the Planning Director determine that any of the conditions have not been met or substantially coriiplied with in a timely fashion, the Planning.Director shall initiate procedures to revoke the Special PerrniL This approval does not, however, sanction the specific plans submitted with the application as they may be subject to change given specific code and regulatory requirements of the affected agencies. Should you have any questions, please.feel free to contact Alice Kawaha. or Susan Gagorik of the Planning Department at 961-8288. SiDeerely, jf Wilton K. Wong, Chairman Planning Commission AKayw Lwaikooi.PC cc: Honorable Stephen K. Y"amashiro, Mayor Planning Director Department of Public Works Department of Water Supply County Real Property Tax Division West Hawaii Office State Land Use Commission Plan Approval Section s < COuntY of Hawaiii -PLANNWG Comte sr0N IT-i Ctntcr. m Past t s,,,4 suitc 3 • Into.Hawej 96720 April 15, 2005 t I' a(sns)961-Z299 . Fay(90s)9fit,8742 Mr.'Mhos Rohr WI]C Prope ties, LLC 15€I Waikoloa Beach Drive Waikoloa,HT 96739 Dear Mr.Rohr. Special Pemit(SPP 538) Applicant: WDC pF ope tip LLC Request- -year Time Extension to Crm€Iition No_4(Life of permit) 'ax M Ke ortiog 43 The Planning Commission at its-duly held public hearing an March 18,2005,voted to approve the above referenced request for anatnendnient to Condititon 4(extend life ofpermit for I O relatedxravements on 9.$acres Ol l additional years)of Special Pemit Na.538,whichwhichaltored the establishment of a heliport and and within the State Land Use Agricultural District. The area Involved rs the existintgheliport located at the Queen KaAtmianu Highway—Wailkaloa Road junction,Waikoloa, SOuth Kohala,Hawaii_ Approval of this request is based can the following. Special Permit No.538 was approved by the Planning commission on Octabex.I2, I983,and sub uent2y awesided crnMay22, I995,May24, .1990,1uue22, 1995,and May 5,2a00. The May 5,2000 ameladment to Condition No.4 allowed an additional 5 years to the life of the permit: ` rhis permit shalt be effective until June 30, �005." The applicant is requesting.an 3mcudmcnt to Condition No.4 to extend the life of Special Permit No—538 for a period often(10)years until June 30,2015. Approval Of this request would not be contrary to the Objectives sought to be accomplished by the Land Use Law and Regulations_ The establishment of the Waikoloa Heliport and related improvements within the State Land Use Agricultural.District and the County's Agricultural-5 acre zoned.district was originally permitted through.the Special permit review process_ The Special permit process provides an avenue to review and analyze PrOPOsed projects on a case-by-case basis relative to iu&astructtxre and impacts on surrounding properties and existing rises as well as the General Plan goals and policies. Approval of an additional tell-year-Iife to Special Permit NoF, 538 Would not be 16 wa'i C—vy is ms.Eqursl f3pparf wn v Provider mid.Em ployer EXHIBIT C Mr.Thos Rohr Page 7 in Conflict with the agricultural objectives of Chaptcr 205,Hawaii Revised Stattat ,as amended. The State land Use Law and Regulations are intended to preserve,protect and encourage the development of lands in the State for those uses which they,are best suited in the i ate rest ofpulrlic health and welfare of the people of the,State of Hawaii. In the case oftee Agricultural District,the intent is to preserve or keep lands of high agriculftnal potential in agricultural use_ The project site is comprised ofA`a lava,which has been claasified as"E"ox"Very poor"for agricu bml productivity by the Land Study Bureau's Detailed Land Classification System and which is not classified by the Agricultural Lands of Importa=to the State offiawaii(AUS system, The land upon which the proposed use is sought is not well suited for agricultural uses permitted within the district. The continued opemticm of a heliport facility within the project site will not displace any agricultural activity nor diminish,the agricultural potential of the surromding area. Therefore,the continued use of the heliport would not be contrary to the objectives of the State Land Use Law for the Agricultural District. Continued use of the heliport facility for a period of ten years will not adversely affect sutrounding properties. The ingress-egress routes to and from the heliport,which have the greatest potential of imparting surrounding lands,have been selected to avoid noise sensitive areas,such as residential and resort areas-Flights over the area makai of Queen Kaahmnauu Highway from Anaehoomalu to Kawailaae are proWbited,except in the event of an emergency or if rewired for safety reasons. Existing flight patterns avoid the nearest residential areas of the Wailcoloa Village,located approximately four miles east of the facility,and Pnalro,located approximately four ndles north of the facility,as well as the resort areas along the coast. To mate, the Planning Department has not received any complaints from the general public regarding operations related to the heliport. In September 1997,the heliport operator engaged an acoustical and etcctrotric ciagineering firm to prepare a Noise Exposure Map for the Waikoloa Heliport_ This map d onstrates that there are no noise sensitive uses within the contours affected by the heliport. Lands surrounding rho project site are currently vaesm, udrb no Sxxxzrainent proposal for its development into uses which could cmiflict with the continued use of the heliport. However,it is recognized that surrounding lands are targeted for urban development,which could be severely impacted by the heliport The amendment to limit the life of Special Permit No.538 to a period often years would provide the Planning Commission with the opportunity to re-assess Special Permit No.538 to ensure that development of lands within the immediate area will not be adversely affected by the continued use of the heliport. Restrictions regarding the maximum number of flights per day,hours of operation,general maintenance activities and test flights arc included as conditions ofapprovzl to=surre that the scope of heliport operations as represented to the Planning Commission and the.PIwaring Department remain consistent with the findings of the recommendation, An annual monitoring report will continue to be required to document complaints which may be received by the applicant_ Mr. 'rhos Rota' .Page 3 ne desked use will rat ttiireasouably burden public agencies to provide roads and streets,sewers,water,drainage,police and fire protection. Access,crater,wastewater disposal facilities and other essential facilities and services are already available to the project site. Continued use oftheproject site as a.li liport will not place additional burdens upon public agencies to provide these services. Unusual conditions,tr=ds and nets have arisen smee the district boundaries and regulations were established. During the 198tl's and duoughout the 1990'a,the helicopter testa Industry experienced a gain m popularity The North Kohala area became one of the r-mjor anions for the toast and helicopter inc#uOdes. As the demand for helicopter tours increased, so did the need for heliports.Heliports may be permitted on lands located within the State sand Use Urban.District through the issuance of Use Permit by the Planning Commissitn- However,the establishment of heliports within Urban Districts usually conflicts directly with other noise sensitive urban uses,such as residential, commercial and resort developments. Agricultural lands provide,for the most part,the large acreage and remote locations required to provide a buffer fmm the noise gcnerated by such facilities. Therefore,by allowing the establishment of heliports within agricultural lands,the potential for conflicts with urban uses are subsequently Minimized- Continued use of the heliport for a period of ten years will not substantially alter or change the essential character of the laud and its present use_ The existing heliport facilities have been in operation since 1990 and as an airfield from 1984 through I99Q Extending the life of Special Permit No_538 will not change the character of the project site or its surrounding area from,its current established theme as a transportation facility. Endangered species of flora and fauna are not anticipated within the project site due to its extensive development as a heliport facility, For similar reasons,significant archaeological sites are not anticipated to be located within the project site_ The continued use of the hchPurt is not contrary to the General Plan. The General Plan.Land Use Pattern Allocation Guide(LUPAG)Map designates lands surrounding the project site and on both sides of Queen Kaahumanu Highway and Wailroloa Road as an Urban Expansion Area. This designation allows for a mm of high dimity,medic density,low derssity,industrial and/or open designations in areas where new settlement patterns may be desirable,but where the specific settlement pattern and mix of uses have slot yet been detrzmined. Within areas designated for development as resorts,porhons of the resort area may be iricluded in the urban expansion area. Although the applicant states that the mostly vacant lands adjacent to the project site will not be developed within the next ten years,periodic review by the planning Commission is necessary to ensum that the compatibility of the heliport with any existing or other uses allowed within an Urban Expansion Area are maintaimd. As urban development is encouraged within t[.e immediate area and traffic along the Queen Kaahumanu Highway and Waikoloa Road increases,the potential conflict betwom these uses and facilities and the heliport will also A4r.Thos Rohr Page 4 increase. Therefore, by providing an opportunity for periodic review by tho planning Corrunission,the continued operation of the heliport for an additional teen-year period is not ranirary to the objectives sought to be accomplished by the General Plan. The continued use of the heliport would be consistent with the following goals, policies and standards of the Land Use and Economic Elements of the General Plan. Land Use Elcm.errt • Designate and allocate lands in appropriate provortions and mix and in keeping with the social,cultural and physical environments of the County. Economic Element • Economic development and improvement shall be in balance with the physical and social enviromnents of the island of Hawaii. +► The County shall provide an economic envimriment which allows new,expanded,or improved economic opportunities than are compatible with the CountYs natural and social envimriment. • Ibe County shall strive for diversification of its economy by strengthening existing industries and attracting new endeavors_ Based on the above considerations,the continued use of the Waikotoa Heliport for an additional ten(10)years until June 30,2€115,is an unusual and reasonable use of laird, which would not be contrary to the objectives sought to be accomplished by the Land Use Law and Regulations_ Approval of the amendment to Condition No.4 of Special Permit No.538 is also subject to the following amended conditions of approval(material to be deleted is bracketed and material to be adder]is underscored): 1. 71C petitiouer,its successors or assigns stra.tl be responsible for complying with all conditions of approval. 2. The applicant shall indemnify and hold the Casty of Hawad harmlcss from and against any lass,liability,clay or demand for the property damage,personal injury or death arising out of any act or ornission of the applicant,its successors or assigns,ofcers,esnplrryees,contractors and agents under this permit or relating to or connected with the approval Of Ibis perrrmit. 1Vlr. `%'hos Rohr Page 5 I Final Plan Approval for all uses and stfuctures associated with the heliport, pursuant to Sections.25-2-72 and 25--2-75 of the Hawaii County Code(Zoning Code),shall be secured frorru the Planning Department. Plans shall identify all existing and proposed st uctures,helipads,ianrlscaping,fare protection measures, paved parking stalls and paved driveway access associated with the approved use. Plans shall also indicate helicopter ingress and egress routes. Uses of the landing strip shall be United to heliport operations only. 4� This permit shall be effective until June 30,[200512015. 5. Heliport operations at the project site shall be limited to a maximums of 40 landings per day during daylight hours. Emergency landings or emergency helicopter support are excluded from this condition. 6_ Routine daily maintenance and engine testing to ensure airworthiness is permitted at the helipon_ Regular scheduled maintenance of helicopters at the heliport is prohibited. Flight testing ofhelicopters,with the exception of flights associated with emergency repairs,is also prohibited at the heliport. Other operational procedures,such as refueling,shall comply with applicable governmental regulations. 7. Safety devices and signage as may be required by the State Departrneat of Transportation shall be installed prior to the commencement of helicopter flights from thee approved heliport facility. S. The petitioner and all users of the landing strip shall be responsible to take reasonable precautions to avoid the creation of hazardous conditions which may affect traffic in the area of the landing strip. Should it he determined that adequate precautionary measures are not being taken,the Planning Director is authorized to temporarily suspend any€anther use of the landing strip pending further disposition by the Planning Commission which may them nullify the permit_ 4. All other rules,regulations,and requirements shall be complied with. 10_ An annual monitoring report shall be submitted to the Planning Director on or by June 30'h of each year this permit is in effmt. The report shall include,but not be limited to,a cornprehe..nsive listing of all complaints received by the applicant regarding operations at the heliport and its dispositio€r. This condition shall remain in effect until all of time conditions ofapproval have been complied with and the Planning Director acknowledges that further reports are not required. Mr Thus Rohr Page 6 11. The applicant shag be responsible for operating the heliport fatty in a manner as represented to the Planning Commission,including good faith negotiations with qualified helicopter tour companies,and prescribed under the conditions of approval ofthis perwit. Kota-eompliauce with these representations or conditions of this permit shall cause the Planning Director to schedule a public hearing can the matter before the Planning Commission to determine whether aviolation has,in fact,occurred. 12. Should the Planning Director determine that any of the conditions have not been met or subst mdally complied vitith in a timely fashion,the Planning Director dial] initiate procedures to revoke the Special Permit. This approval does not,however,sanction the specific plans submitted with the request as they may be subject to change:given specific code and regulatory requirements of the affected agencies_ Should you have any questions,Please contact Norman Hayashi of the Platwh g Depaz t neat at 961-8288. Sincerely, Fred Caldones,Chaizttzan Planning Commission LwdcpropertiesO tPC cc: Depaztment of Public Works Department of Water Supply County Rea}Property Talc-Division Planning Department-Kona State Laud.Use Commission Department of Land&Nat€xal Resources-HPD/Korna Rodney Haraga,DirectorlDOT-Highways,Honolulu Lisa Bail,Esq..-' LIST OF SURROUNDING PROPERTY OWNERS (500 FEET) TM K: 6-8-001:043 6-8-001 005 Waikoloa Mauka, LLC 431 North Brand Blvd,Suite 201 Glendale, CA 91203-4418 027 Waikoloa Mauka, LLC 6-9-008 013 (Applicant) Waikoloa Development, Co. 69-150 Waikoloa Drive Waikoloa, HI 96738-5703 009 Waikoloa Development Co. « hc W AI-07 December 20,2021 Mr.Zendo Kern,Planning Director Planning-Department Aupmi Center 101 Pauahi Street Hilo,Hawaii 96720 RE: COMBINED ANNUAL REPORTS A. CHANGE OF ZONE ORDINANCE 265, AS AMENDED BY ZONING ORDINANCE 85-75(REZ 282) CHANGE OF ZONE ORDINANCE NO.85-76(REZ 506) CHANGE OF ZONE ORDINANCE No.91-112(REZ 697) APPLICANT: WAIKOLOA DEVELOPMEMT COMPANX SUBJECT: 2018 ANNUAL PROGRESS REPORT TMK: 6-9-7:9,12,18,25,26,30 and 6 9-8:2,6,7,9-12 B. CHANGE OF ZONE ORDINANCE 97-49,AS AMENDED BV ZONING ORDINANCE 03-169(REZ 851) SPECIAL MANAGEMENT AREA USE PERMIT NO.412(SMA 412) APPLICANT: WAIKOLOA DEVELOPMENT COMPANY SUBJECT: 2018 ANNUAL PROGRESS REPORTS TMK: 6-9-7.15 C. SPECIAL MANAGEMENT AREA USE PERMIT No.25,AS AMENDED APPLICANT: WAIKOLOA DEVELOPMENT COMPANY SUBJECT: 2018 ANNUAL PROGRESS REPORT TMK:6-9-7:1-9,11,14,17,19-21,26,30-38;6-9-8:1-31; 6-9-9.1-14;6-9-10:1,34;and 6-9-11.1-29(formerly 6-8-1:26 and 6-9-7:1-30) D. SPECIAL PERMIT NO.538 APPLICANT: WDC PROPERTIES,LLC SUBJECT: 201E ANNUAL PROGRESS REPORT TMK: 6-8-41:PORTI0N OF 043 E. SPECIAL MANAGEMENT AREA USE PERMIT ASSSESMENT APPLICATION(SAA 11-000650) SPECIAL MANAGEMENT AREA EMERGENCY PERMIT NO.2011-3 APPLICANT: SEA ENGINEERING,INC. LAND OWNER: WAIKOLOA DEVELOPMENT COMPANY SUBJECT: 2018 ANNUAL PROGRESS REPORT TMK:6-9-7-11 150 Waikoloa Beach Drive•Waikoloa,Hawaii 96738•Phone(808)886-1600•Fax(808)886-8896 EXHIBIT D Mr.Zendo Kern Page 2 .December 20,2021 Dear Mr,Zendo Kern: Please let this letter serve as the combined Annual Reports as requested by the Planning DepartMQnt letter dated October 16,2007. A. CHANGE OF ZONE ORDINANCE 265, AS AMENDED BY ZON]NG ORDINANCE 85-75(REZ 282) CHANGE OF ZONE ORDINANCE NO.85-76(REZ 506) CHANGE OF ZONE ORDINANCE No.91-112(REZ 697) APPLICANT: WAIKOLOA DEVELOPMENT COMPANY SUTUECT: 201S ANNUAL PROGRESS REPORT T11IK: 6-9-7:9,12-18,25,26,30 and 6'9-5:2,6,7,9-12 As required by Zoning Ordinance 85 76: "A. The petitioner, successors or its assigns shall comply with the stated conditions of approval;" Com liance: Petitioner has complied and will continue to comply with the stated conditions of approval. "M All applicable conditions of Change of Zone Ordinance No.265,as amended shall be complied with;" Compliance: All conditions of Change of Zone Ordinance No.265 stated below have been complied with." "C. The consolidation/Resubdivision for the affected area shall be submitted for tentative approval within one (1) year from the effective date of the accompanying Special Management Area(SM.A)Use Permit;" Compliance: Consolidation/Resubdivision of the affected lots was completed "D. Plans for Plan approval shall be submitted for the proposed development within one year from the effective date of the accompanying Special Management Area(SMA)Use Permit;" Comte: Plan Approval was delayed due to changes in development. f "E. Construction shall commence within one year from the date of receipt of Final Plan' Formatted::ndent:rest: o^ Approval and be completed within three years thereafter,subject to time extension for force majesture conditions;" Compliance: Construction was delayed due to changes in development: 150 Waikoloa Beach Drive•Waikoloa,Hawaii 96738•Phone(808)886.1000•Fax(808)886-8896 Mr.Zendo Kern Page 32 December 20,2021 Commercial operations throughout the resort were severly curtailed during the pandemic and emergency orders.Employment at the resort is increasing following the easing of the emergency orders and travel restrictions.Employment detailed survey is underway with an estimate of over 3,200 direct total employees. [2;]30. [An initial gFaFAia's the'esult Of c8fiditi0fis that eauld-let have hpp-.R—foreseen or aFe beyond the GentFel nf thF-,te the general plem er zoning code; eripermit; and El) the time extended fef tip to one addifioiial .] if the apj2licant should re uire an additional extension of time the Planning Department shall submit the applicant's request to the Planning Commission for appropriate action Further, should any of the conditions not be met or substantially complied with in a timely fashion,the Director shall initiate procedures to revoke the permit. Co._, m 1� fiance: If the applicant should require an additional extension of time,the request shall be submitted by the Planning Department for the Planning Commission's action- D. SPECIAL PERMIT NO.538 APPLICANT: WDC PROPERTIES,LLC WAIKOLOA,SOUTH KOHALA,HAWAII TMK: 6-8-01:PORTION OF 043 The above-referenced Special Permit allows the establishment of the existing Waikoloa airplane landing strip, heliport, and related improvements on 9.8+ acres of land within the State Land Use Agricultural District. The property is located at the southern corner of the Queen Ka'ahumanu highway and Waikoloa Road intersection, Waikoloa, South Kohala, Hawaii. General Project Progress: The Hawaii County Planning Commission at its duly held public hearing held on May 21,2015, voted to approve the request for an amendment to Condition 4 which extended the life of the permit for ten(10)additional years to June 30,2025. Compliance with conditions of approval is an ongoing process. Waikoloa Development Co. continues to assess permit compliance and monitoring programs. 150 Waikoloa Beach Drive•Waikoloa,Hawaii 96738•Phone(808)886-1000•Fax(808)886-8896 Mr.Zendo Kern Page 33 December 20,2021 Public Com laints or Problems To our knowledge,there were no public complaints or problems associated with the airplane landing strip,heliport and related improvements in the past year. Conditions and Compliance: " 1. The petitioner, its successors or assigns shall be responsible for complying with all stated conditions of approval." Compliance. All conditions of approval have been and will continue to be complied with throughout the term of this Special Permit, "2. The applicant shall indemnify and hold the County of Hawaii harmless from and against any loss,liability,claim or demand for the property damage,personal injury or death arising out of any act or omission of the applicant, its successors or assigns,officers,employees,contractors and agents under this permit or relating to or connected with the approval of this permit." Compliance. This condition has been and will continue to be met. "I Final Plan Approval for all uses and structures associated with the heliport, pursuant to Sections 25-2-72 and 25-2-75 of the Hawaii County Code(Zoning Code),shall be secured from the Planning Department. Plans shall identify all existing and proposed structures, helipads, landscaping, fire and protection measures, paved parking stalls and paved driveway access associated with the approved use. Plans shall also indicate helicopter ingress and egress routes_ Uses of the landing strip shall be limited to heliport operations only." Compliance_ This condition has been and will continue to be met. "4. This permit shall be effective until June 30,[2015]2025." Compliance_ The Hawaii County Planning Commission at its duly held public hearing held on May 21,2015,voted to approve the request for an amendment to Condition 4 which extended the life of the permit for ten(10)additional years to June 30,2025. "5. Heliport operations at the project site shall be limited to a maximum of 40 landings per day during daylight hours. Emergency landings or emergency helicopter support are excluded from this condition." Compliance. This condition has been and will continue to be met. "6. Routine daily maintenance and engine testing to ensure airworthiness is permitted at the heliport. Regular scheduled maintenance of helicopters at the heliport is prohibited. Flight 150 Waikoloa Beach Drive•Waikoloa,Hawaii 96739•Phone(908)886-1000•Fax(808)886-8896 Mr.Zendo Fern Page 34 December 20,2021 testing of helicopters, with the exception of flights associated with emergency repairs, is also prohibited at the heliport. Other operational procedures, such as refueling, shall comply with applicable governmental regulations." Compliance. This condition has been and will continue to be met. "7. Safety devices signage as may be required by the State Department of Transportation shall be installed prior to the commencement of helicopter flights from the approved heliport facility." Compliance. This condition has been and will continue to be met. "S. The petitioner and all users of the landing strip shall be responsible to take reasonable precautions to avoid the creation of hazardous conditions which may affect traffic in the area of the landing strip. Should it be determined that adequate precautionary measures are not being taken,the Planning Director is authorized to temporarily suspend any further use of the landing strip pending further disposition by the Planning Commission which may then nullify the permit." Compliance. The Licensee of the prer ises,Blue Hawaiian Helicopters has met this condition and will continue to comply. 9. All other rules,regulations,and requirements shall be complied with." Compliance. This condition has been and will continue to be met. "10. An annual monitoring report shall be submitted to the Planning Director on or by June 30th of each year this permit is in effect. The repeat shall include, but not be limited to, a comprehensive listing of all complaints received by the applicant regarding operations at the heliport and its disposition. This condition shall remain in effect until all of the conditions of approval have been complied with and the Planning Director acknowledges that further reports are not required_ Compliance. This condition has been and will continue to be met. To our knowledge,there were no public complaints or problems associated with the airplane landing strip,heliport and related improvements in the past year_ "I I. The applicant shall be responsible for operating the heliport facility in a manner as represented to the Planning Commission, including good faith negotiations with qualified helicopter tour companies,and prescribed under the conditions of approval of this permit. Non- compliance with these representations or conditions of this permit shall cause the Planning Director to schedule a public hearing on the matter before the Planning Commission to determine whether a violation has,in fact,occurred. 150 Waikoloa Beach nrivc•Waikoloa,Hawaii 96738•Phone(808)886-1000-Fax(808)886-8896 Mr.Zendo Kem Page 35 December 20,2021 Compliance. The Licensee of the premises,Blue Hawaiian Helicopters is a qualified helicopter tour company and has continued to prescribe to the conditions of this Special Permit. This condition has been and will continue to be met. "12. Should the Planning Director determine that an of the conditions have not been met or substantially complied with in a timely fashion,the Planning Director shall initiate procedures to revoke the Special Permit. Compliance. Conditions have been,and will continue to be,met in a timely fashion. E. SPECIAL MANAGEMENT AREA USE PERMIT ASSSESMENT APPLICATION (SAA 11-000650) SPECIAL MANAGEMENT AREA EMERGENCY PERMIT NO.2011-3 APPLICANT: SEA ENGINEERING,INC. LANDOWNER: WAIKOLOA DEVELOPMENT COMPANY SUBJECT: 2012 ANNUAL PROGRESS REPORT TMIC:6-9-7-11 1. Hawaii was struck by a tsunami on March 11,2011,which resulted in significant damage to coastal areas, including major damage on the Kona (west) coast of the island of Hawaii. Included in this damage was erosion of the beach fronting the Ku'ualii fishpond at Waikoloa Beach Resort and the creation of a 100-foot wide breach at Anaeho'omalu Bay, Ku'ualii Pond. 2. Phase I was approved by the Planning Department for emergency action by letter dated April 19,2011. The emergency permit allowed the installation of a temporary barrier across the breach to close it and prevent further damage to Ku'ualh Pond. A barrier was constructed by the use of 240 feet of sand filled geotextile tubes. 3. Sea Engineering initiated permanent repair/restoration of the beach and the fishpond. After application, and review with all Federal, State and County permitting agencies for the permanent restoration of the beach and fishpond,Goodfellow Brothers began construction on August 23,2016 and terminated on November 1,2016. 4. Sea Engineering submitted a request and received approval from the Department of Land and Natural Resources Office of Conservation and Coastal Lands(OCCL)on August 7,20I9 to perform minor beach maintenance at A'naeho'omalu Bay,South Kohala,Hawai'i;TMK:(3) 6=9-007:011 (makai). A Right-of-Entry request was submitted for the minor beach maintenance work on August 21, 2019 to the Department of Land and Natural Resources Land Division. On October 17,2019,the Department of Land and Natural Resources Land Division determined that the'proposed work will be occurring above the high tide mark. Being that the beach is on private property and does not involve State lands,a right-of entry from Land Division will not be necessary." Your acceptance of these Annual Reports 2021 is appreciated. 150 Waikoloa Beach Drive•Waikoloa,Hawaii 96738•Phone(808)886-]000•Fax(808)886-8896 Mr.Zendo Kern Page 36 December 20,2021 Respectfully submitted, 96°'Unn WIdT6&Z M- Eleanor Mirikitani Land Administrator cc: Blue Hawaiian Helicopters Centex Destination Properties Hawaii Water Service Company Hilton Grand Vacations Club JPL Hawaii LLC Kings Shops Management Lava Lava Beach Club Lonomakua Partners LLC Naupaka Place,LLC Queens'Market LLC Queens'Market Place Management Stanford Carr Development,LLC SunStone Realty Partners XIV,LLC Waikoloa BC LLC Waikoloa Land Company Waikoloa Properties LLC Waikoloa Development Company 150 Waikoloa Beach Drive•Waikoloa,Hawaii 96739•Phone(809)886-1000•Fax(808)886-8896 t� or H� 4�.1Dly BENJAMIN J.CAYETANO TIMOTHY E.JOHNS,CHAIRPERSON GOVERNOR OF HAWAII ` BOARD OF LAND AND NATURAL RESOURCES y DEPUTIES JANET E.KAWELO STATE OF HAW i t AQUATIC RESOURCES BOATING AND OCEAN RECREATION CONSERVATION AND RESOURCES DEPARTMENT OF LAND AND NATURAVr UOURC�S ' a I ENFORCEMENT U— CONVEYANCES HISTORIC PRESERVATION DIVISION FORESTRY AND WILDLIFE Kakuhihawa Building,Room 555 HISTORIC PRESERVATION 601 Kamokila Boulevard LAND Kapolei,Hawaii 96707 STATE PARKS WATER RESOURCE MANAGEMENT April 11, 2000 Ms. Virginia Goldstein, Director LOG NO: 25225 Planning Department-County of Hawaii DOC NO: 0004PM07 25 Aupuru Street Hilo, Hawaii 96720 Dear Ms. Goldstein: SUBJECT: Special Permit Application No. 538 Applicant: WDC Properties, L.L.C. Request: Amendment to Condition No. 4(Extend Life for 5 Years) Waikoloa, South Kohala, Hawaii Island TMK: 6-8-001: Por. 43 Thank you for your letter of March 7, 2000 and the opportunity to review and comment on the subject application. The applicant requests an extension of 5 years on the above referenced Special Permit. There are no conditions in the existing permit pertaining to historic sites. We thus believe that the time extension will have"no effect" on historic properties. If you have any questions please contact Patrick McCoy (692-8029). Aloha DON HIBBARD, Administrator State Historic Preservation Division PM:dnm =SCANNED ,'Planning Dep;.Exhibit 2 �P4� O F lryY' JOSH GREEN,M.D. t95s v DAWN N.S.CHANG GOVERNOR I KE KIA'AINA CHAIRPERSON ¢ + BOARD OF LAND AND NATURAL RESOURCES SYLVIA LUKE ` f t$ COMMISSION ON WATER RESOURCE LIEUTENANT GOVERNOR I KA HOPE KIA'AINA a'.Y MANAGEMENT \Lend and N6r �"" ,. co �ry P$TA-ayia:vt_-:: ce 9 - R p STATE OF HAWAN i KA MOKU`AINA`O HAWAI`I DEPARTMENT OF LAND AND NATURAL RESOURCES sfrNofH-"', KA`OIHANA KUMUWAIWAI`AINA LAND DIVISION P.O. BOX 621 HONOLULU, HAWAII 96809 April 24, 2023 MEMORANDUM FROM: T-Q. DLNR Agencies: _Div. of Aquatic Resources Div. of Boating & Ocean Recreation X Engineering Division (DLNR.ENGR(a)hawaii.gov) X Div. of Forestry &Wildlife (rubyrosa.t.terragoahawaii.gov) _Div. of State Parks X Commission on Water Resource Management (DLNR.CWRM(a)-hawaii.gov) _Office of Conservation & Coastal Lands X Land Division — Hawaii District (gordon.c.heita-hawaii.gov) X Aha Moku Advisory Committee (lei mana.k.damate(o-)-hawaii.gov) TO: FROM: Russell Y. Tsuji, Land Administrator+"-'�7uy� SUBJECT: Special Permit Amendment Application (PL-SPP-2023-000040) and Special Permit No. 538 (Docket No. SPP-83-000001) — Request for Amendment to Special Permit No. 538 (SPP 538) for an Additional 10-year Time Extension, and a Proposed 3,500 Square-Foot Hangar LOCATION: South Kohala, Island of Hawaii; TMK: (3) 6-8-001:043 APPLICANT: County of Hawaii on behalf of WDC Properties LLC Transmitted for your review and comment is information on the above-referenced subject matter. Please submit comments by May 19, 2023. If no response is received by the above date, we will assume your agency has no comments. Should you have any questions about this request, please contact Darlene Nakamura at darlene.k.nakamuraahawaii.gov. Thank you. BRIEF COMMENTS: ( ) We have no objections. ( ) We have no comments. ( ) We have no additional comments. ( �/ ) Comments are included/attached. Signed: Print Name: Carty S. Chang, Chief Engineer Division: Engineering Division Date: May 17,2023 Attachments Planning Dep;. Exhibit 3 DEPARTMENT OF LAND AND NATURAL RESOURCES ENGINEERING DIVISION LD/Russell Y. Tsuji Ref: Special Permit Amendment Application (PL-SPP-2023-000040) and Special Permit No. 538 (Docket No. SPP-83-000001)—Request for Amendment to Special Permit No. 538 (SPP 538) for an Additional 10-year Time Extension, and a Proposed 3,500 Square-Foot Hangar Location: South Kohala, Island of Hawaii TMK: (3) 6-8-001:043 Applicant: County of Hawaii on behalf of WDC Properties LLC 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). Be advised that 44CFR, Chapter 1, Subchapter B, Part 60 reflects the minimum standards as set forth by the NFIP. Local community flood ordinances may stipulate higher standards that can be 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 zones subject to NFIP requirements are identified on FEMA's Flood Insurance Rate Maps (FIRM). The official FIRMS can be accessed through FEMA's Map Service Center(msc.fema.gov). Our Flood Hazard Assessment Tool (FHAT) (http://gis.hawaiinfip.org/FHAT) could also be used to research flood hazard information. 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) 270-7139. o Kauai: County of Kauai, Department of Public Works (808) 241-4849. 4 Signed: CARTY S. CHANG, CHIEF ENGINEER Date: May 17,2023 JOSH GREEN, M.D. o KENNETH S. FINK, M.D,MGA, MPH q6.........�!4 GOVERNOR OF HAWAII �rf. e ss a`y DIRECTOR OF HEALTH KE KIA'AINA O KA MOKU'AINA O HAWAI'I y,: KA LUNA HO'OKELE =L y.v ;xs �q'O.utraom STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 916 H I LO, HAWAII 96721-0916 MEMORANDUM DATE: April 21, 2023 TO: Mr. Zendo Kern Planning Director, County of Hawaii FROM: Eric Honda District Environmental Health Program Chief SUBJECT: Special Permit Amendment Application (PL-SPP-2023-000040) Special Permit No. 538 (Docket No. SPP-83-000001) Applicant: WDC Properties LLC Request: Amendment to Special Permit No. 538 (SPP 538) for an Additional 10-Year Time Extension and a Proposed 3,500 Square-foot Hanger TMK: 6-8-001:043, South Kohala, Hawaii In most cases,the District Health Office will no longer provide individual comments to agencies or project owners to expedite the land use review and process. Agencies,project owners, and their agents should apply Department of Health"Standard Comments"regarding land use to their standard project comments in their submittal. Standard comments can be found on the Land Use Planning Review section of the Department of Health website: hgps://health.hawaii.gov/epo/landuse/. Contact information for each Branch/Office is available on that website. Note: Agencies and project owners are responsible for adhering to all applicable standard comments and obtaining proper and necessary permits before the commencement of any work. General summary comments have been included for your convenience. However, these comments are not all-inclusive and do not substitute for review of and compliance with all applicable standard comments for the various DOH individual programs. Clean Air Branch Planning Dept. Exhibit 4 Zendo Kern April 21, 2023 Page 2 of 4 1. All project activities shall comply with the Hawaii Administrative Rules (HAR), Chapters 11-59 and 11-60.1. 2. Control of Fugitive Dust: You must reasonably control the generation of all airborne, visible fugitive dust and comply with the fugitive dust provisions of HAR §11-60.1-33. Note that activities that occur near existing residences, businesses,public areas, and major thoroughfares exacerbate potential dust concerns. It is recommended that a dust control management plan be developed which identifies and mitigates all activities that may generate airborne and visible fugitive dust and that buffer zones be established wherever possible. 3. Standard comments for the Clean Air Branch are at: https://health.hawaii._gov/ep/epo/landuse/ Clean Water Branch 1. All project activities shall comply with the HAR, Chapters 11-53, 11-54, and 11-55. 1. The following Clean Water Branch website contains information for agencies and/or project owners who are seeking comments regarding environmental compliance for their projects with HAR, Chapters 11-53, 11-54, and 11-55: hLtps:Hhealth.hawaii.gov/cwb/clean-water-branch-home- page/cwb- standard-comments/. Hazard Evaluation & Emergency Response Office 1. A Phase I Environmental Site Assessment(ESA) and Phase 11 Site Investigation should be conducted for projects wherever current or former activities on site may have resulted in releases of hazardous substances, including oil or chemicals. Areas of concern include current and former industrial areas, harbors, airports, and formerly and currently zoned agricultural lands used for growing sugar, pineapple or other agricultural products. 2. Standard comments for the Hazard Evaluation & Emergency Response Office are at: hgps://health.hawaii.gov/epo/Ianduse/. Indoor and Radiological Health Branch 1. Project activities shall comply with HAR Chapters 11-39, 11-45, 11-46, 11-501, 11- 502, 11-503, and 11-504. 2. Construction/Demolition Involving Asbestos: If the proposed project includes renovation/demolition activities that may involve asbestos, the applicant should contact the Asbestos and Lead Section of the Branch at hLtps:Hhealth.hawaii.gov/irhb/asbestos/. Safe Drinking Water Branch 1. Agencies and/or project owners are responsible for ensuring environmental compliance for their projects in the areas of 1)Public Water Systems; 2) Zendo Kern April 21, 2023 Page 3 of 4 Underground Injection Control; and 3) Groundwater and Source Water Protection in accordance with HAR Chapters 11-19, 11-20, 11-21, 11-23, 11-23A, and 11- 25. They may be responsible for fulfilling additional requirements related to the Safe Drinking Water program: hgps:Hhealth.hawaii.gov/sdwb/. 2. Standard comments for the Safe Drinking Water Branch can be found at: https://health.hawaii.gov/epo/landuse/. Solid &Hazardous Waste Branch 1. Hazardous Waste Program - The state regulations for hazardous waste and used oil are in HAR Chapters 11-260.1 to 11-279.1. These rules apply to the identification, handling, transportation, storage, and disposal of regulated hazardous waste and used oil. 2. Solid Waste Programs - The laws and regulations are contained in HRS Chapters 339D, 342G, 342H, and 342I, and HAR Chapters 11-58.1 and 11-282. Generators and handlers of solid waste shall ensure proper recycling or disposal at DOH-permitted solid waste management facilities. If possible,waste prevention, reuse, and recycling are preferred options over disposal. The Office of Solid Waste Management also oversees the electronic device recycling and recovery law, the glass advanced disposal fee program, and the deposit beverage container program. 3. Underground Storage Tank Program —The state regulations for underground storage tanks are in HAR Chapter 11-280.1. These rules apply to the design, operation, closure, and release response requirements for underground storage tank systems, including unknown underground tanks identified during construction. 4. Standard comments for the Solid&Hazardous Waste Branch can be found at: hilps:Hhealth.hawaii.gov/epo/landuse/. Wastewater Branch For comments,please email the Wastewater Branch at.doh.wwb2doh.hawaii.gov. Sanitation/Local DOH Comments: 1. Noise may be generated during demolition and/or construction. The applicable maximum permissible sound levels, as stated in Title 11, HAR, Chapter 11-46, "Community Noise Control," shall not be exceeded unless a noise permit is obtained from the Department of Health. 2. According to HAR §11-26-35,No person, firm, or corporation shall demolish or clear any structure,place, or vacant lot without first ascertaining the presence or absence of rodents that may endanger public health by dispersal from such premises. Should any such inspection reveal the presence of rodents, the rodents shall be eradicated before demolishing or clearing the structure, site, or vacant lot. Zendo Kern April 21, 2023 Page 4 of 4 A demolition or land clearing permit is required prior to demolition or clearing. Other 1. CDC - Healthy Places - Healthy Community Design Checklist Toolkit recommends that state and county planning departments, developers,planners, engineers, and other interested parties apply these principles when planning or reviewing new developments or redevelopment projects. 2. If new information is found or changes are made to your submittal, DOH reserves the right to implement appropriate environmental health restrictions as required. Should there be any questions on this matter,please contact the Department of Health, Hawaii District Health Office, at(808) 933-0917. Mitchell D.Roth Ramzi I. Mansour Mayor Director Lee Lord Brenda lokepa-Moses of Managing Director Deputy Director County of Hawaii DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 345 Kekuanao'a Street,Suite 41 •Hilo,Hawaii 96720• cohdem@hawaiicounty.gov Ph: (808)961-8083 • Fax: (808)961-8086 MEMORANDUM TO: Zendo Kern, Director Planning Department y� FROM: Ramzi I. Mansour, Directo`//Ib •`�C�_ 1 ' tom'" Department of Environmental Management DATE: May 12, 2023 SUBJECT: Special Permit Amendment Application (PL-SPP-2023-000040) Special Permit No. 538 (Docket No. SPP-83-000001) Applicant: WDC Properties LLC Request: Amendment to Special Permit No. 538 (SPP 538) for an Additional 10- Year Time Extension, and a Proposed 3,500 Square-Foot Hangar Tax Map Key: (3) 6-8-001:043, South Kohala, Hawaii The Solid Waste Division has reviewed the subject application and offers the following comments and/or recommendations (contact the Solid Waste Division for details): • Commercial operations, State and Federal agencies, religious entities and non-profit organizations may not use transfer stations for disposal. The Department has reviewed the subject application and offers the following comments and/or recommendations (contact the Wastewater Division for details): • No County sewer system in area. Applicant shall follow Hawaii Department of Health, and all other applicable federal, state, and county regulations. Planning Dep,. Exhibit 5 County of Hawai'i is an Equal Opportunity Provider and Employer i µ;ATF:R. u str 19; 11Y DEPARTMENT OF WATER SUPPLY COUNTY OF HAWAVI `..•...•..••......'asp 345 KEKUANAO'A STREET, SUITE 20 HILO, HAWAI'I 96720 tip lfAWhS. TELEPHONE (808)961-8050 • FAX(808)961-8657 May 10, 2023 COO PLPNINING DEFT MPN 15 20231 oH :£ TO: Mr. Zendo Kern, Director Planning Department FROM: Keith K. Okamoto, Manager-Chief Engineer SUBJECT: Special Permit Amendment Application (PL-SPP-2023-000040) Special Permit No. 538 (Docket No. SPP-83-000001) Applicant: WDC Properties LLC Request: Amendment to Special Permit No. 538 (SPP 538) for an Additional 10-Year Time Extension, and a Proposed 3,500 Square-Foot Hangar Tax Map Key (3) 6-8-001:043 We have reviewed the subject application and have no objections to the request. Please be informed that the water system in this area is privately owned and operated. The applicant should contact the private water system owner for any conditions or requirements. Should there he any questions, please contact Mr. Ryan Quitoriano of our Water Resources and Planning Branch at (808) 961-8070, extension 256. Sincerely yours, 1(/t�"+_ Keith K. Okamoto, P.E. Manager-Chief Engineer RQ:dtg copy — WDC Properties LLC Planning Dept. Exhibit 6 . . . Water, Our�41ost Trecious Resource. . . Ka Wai A sane . . . The department of Water Supply is an Equal opportunity provider and employer. HAWAII FIRE DEPARTMENT . COUNTY OF HAWAII . HILO, HAWAII 96720 DATE April 26, 2023 Memorandum TO CLINTON MERCADO, COUNTY OF HAWAII, PLANNING DEPT. FROM CAPTAIN CLINTON BAYBAYAN, FIRE PREVENTION BRANCH SUBJECT: WDC PROPERTIES LLC,AMENDMENT TO SPECIAL PERMIT NO. 538 (PL-SPP-2023-000040) In regards to the above-mentioned project, Fire Department Access and Water Supply shall comply with Chapter 18 of the 2018 Hawaii State Fire Code and Chapter 26 of the Hawaii County Code. For any questions, please email Clinton.BaYbi! anghawaiicoun ov or call 808-323-4761. Respectfully Submitted, gff�_ Clinton Baybayan Fire Prevention Captain Fire Prevention Branch Hawaii Fire Department Planning Dept. Exhibit 7 Mercado, Clinton From: Sid Fuke <sidneyfuke@gmail.com> Sent: Thursday, May 11, 2023 8:19 AM To: Mercado, Clinton Cc: 'Scott Head' Subject: FW: Special Permit 538,TMK 6-8-01-43 Aloha Clinton, I received this email of support from an adjoining property owner. Would you be able to upload this into EPIC? If not, I would. Just let me know. Mahalo! Sid From: Byron Fox<byronmfox@gmail.com> Sent:Wednesday, May 10, 2023 8:37 AM To: Sidney Fuke<sidneyfuke@gmail.com> Subject: Special Permit 538,TMK 6-8-01-43 On behalf of the Waikoloa Mauka Land Corp. which owns the property(TMK 6-8-01-05) immediately mauka of the Heliport, I want to express support for a 10-year extension of the Special Permit. Not only is the helicopter operation an important tourist service, it can provide airlift for nearby highway accident victims and hotel guests and Waikoloa residents with medical emergencies. As a former USAF helicopter pilot based at Hickam, I know well the value of emergency airlift. Sincerely, Byron M. Fox Vice President Waikoloa Mauka Land Corp. 2025 Pioneer Court San Mateo, CA 94403 T: (650) 343-6333 1 D: (415)307-2405 F: (650) 343-0858 mnw.tdainc.com I byronatdainc.com I byronmfox(cDgm ail.corn Planning Dept. Exhibit 8 i