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HomeMy WebLinkAboutCOM 0587.000 2000-2002 JNTy'~R M'?ly O~ ' = 9, \,~`Jp;. Harry Kim Christopher J. Yuen Mayor - Director 81 Mn-M~Y. p0` q~ py '9j'E•OF~NP'a •LIOy R. Ta1Ce%%IOtO (C' Deputy Director ~.n'l~lrt~~ .>z~ ~~~[tt ~ • PLANNING DEPARTMENT , 25 Aupuni Street Room 109 • Hilo, Hawaii 96720-4252 (808) 961-8288 • Fax (808) 961-8742 April 1, 2002 Mr. James Leonard, Managing Director PBR Hawaii -Hilo 101 Aupuni Street, Suite 310 Hilo, HI 96720-4276 Dear Mr. Leonard: Change of Zoale ®rdinance No. 88-158 (REZ 609) Coaaditioa~ U Specia110~Ianagerrlent Area Use Permit No. 273 Special 1Vlanagenlent Area Use Permit No. 311 Applicant: ~VI3 I~ukio Resorts, LLC Subject: Annual Progress Report TIVII~: 7-2-4:16; 7-2-16:1-8; 7-2-17:1-32; 7-2-18:1-33; 7-2-19:1-30; 7-2-20:1-26 This is to acknowledge receipt your February 12, 2002 letter providing an annual progress report, as required under Condition U of the above referenced ordinance. We have reviewed the annual report and have no objections to statements made, nor do we have any additional comments to make in regards to compliance with conditions set forth in the ordinance. Thank you for your attention to this matter. By copy of this letter, the annual progress report will be forwarded to the County Council and the Planning Commission for their information. Com?Y'i, No< File No._ Ref. > _ ~,ef. date rJ ~ ~ Mr. James Leonard, Managing Director PBR Hawaii -Hilo Page 2 April 1, 2002 We look forward to receiving your next annual report on or before October 27, 2002. Should you have any questions, please contact Eileen O'Hora-Weir or Susan Gagorik of our Hilo office at 961-8288. Sincerely, / j CHRISTOPHER N Planning Director EOW:pak p:lwpwin60\eileen\letters\LKukioREZ609SMA273&311 eow cc w/report: Planning Department -Kona /~Iawali County Council Planning Commission _ +j•.: ::::l,. LAND PLANNING ~ ~ - ~ i ~ LANDSCAPE ARCI~7'ECTURE ~ ~ - - - ENVIRONMENTAL STUDIES February 12, 2002 1.-__. , Wn-t. FYiaNxBxANbi: ~A~LA Crtutwrav Mr. Christopher Yuen, Director Planning Department 'IY3omAS s: wr~EN, AsLA County of Hawaii PR~'3'7D6NT 25 Aupuni Street, Room 109 srhb Di~r_~ni~~. , Hilo, Hawaii 96720 ~'xsct 7n'~ t r f RiISSE 's:J. F7[r.<.;. ~1i.;', s'x ~1: q~v~e r~~y~~r~~~o~ ig~y~Qp~ygy~~s~e EY ( r I} < Pn°i~-r~T;' ~ ~ ~ i7F~ ®i.` ~s® ~i196a1~~+~s ~~-1~~ ~P~~ Ate l A i<JSI~ N®. X73 l~~ LTS F~ 1~I®. 31 ~ ~ ~I}I~~IA~'~T2: ~ PLC ~r5, r>« ~ : 3I~I~9 ~~AC~ (~oa~xi~1~~ ~e~ent K®n~ s ~ . . C®t~ ORS < , : 7-~-04:1C; 7-~-~~: ~-~-17:1-32; 7-~-1~:1-~~; 7-~-19:1-3®; 7-~-~®:1-26 z: < > ~ .2 `S' Dear Mr. Yuen: On behalf of WB Kukio Resorts, LLC (WBK), the following is a report on the status of development and compliance with the conditions of approval for the subject Change of Zone Ordinance and Special Management Area-Use Pey-xr~its related to the resort development. Status of Development WBK has made substantial progress in the development of the resort property at Kuki`o. Related to the development of the project's water system, in August of 2001 WBK received Board of Land and Natural t` f Resources (BLNR) approval allowing for the construction of water utility F,~~ ~ r improvements on State lands which will connect Kuki`o's mauka potable ' ' ` wells with the resort property. In October of 2001 WBK also received _ BLNR approval to enter into a direct lease of approximately 3.5-acres for utility purposes, and to initiate construction of other related water utility improvements on State lands including a water treatment plant, water ~;,~:>r;, tank and an irrigation reservoir. . roc E ~ On the County level, WBK has received several approvals related to the Kuki`o development. In January of 2001, WBK received Final Plan ` Approval for the Hotel Complex (Beach Club) and revised Plan approvals on August 11, 2000 and September 20, 2001. In May of 2001, WBK received Final Plan Approval for the planned improvements at Kikaua ~ t ~ s f:; r Point Park and Final Plan Approval of the Wastewater Treatment Facility. f. s': 3 .5:~~ SS'' ~q.p}. r Mr. Christopher Yuen, Director SiT6~TECT: AIoTNUAI. PI2®~IZESS 1tEP®12T CI~1®TCYE Z®NE ®I~INa~NCE ~~-155 SPECIL~ ~(~ElOidENT A USE PlER1VIIT N®. x°73 SPECK AGEIVIENT A USE PENT N®. 311 ® I~/I~EVEI,OPEl~: I~UI~YO ®1STS, I.IeC I)E~EIeC3P NT: I~UI~IO iiEACI~ (Po~all~ 12e~ent I~oraa Coat) ®1tT; T KEYS: 7-~-®4:16; ~-~-16:1-5, ~-~-1~:1-32; ~-2-15:1-33; '7-~-19:1-30; ~-~-2®:1-26 February 12, 2002 Page 2 Grading Permit approvals for the various infrastructure related improvements for the water utility and roadways in the mauka area acid golf course in the makai areas have also been received. At this point in construction WBK is nearly complete (80%) with construction of the Phase lA infrastructure and roads including the project access from Queen Ka`ahumanu Highway and has initiated the golf course construction on both the mauka and makai portions of the property. Construction of the Beach Club has also started and is expected to be substantially completed by the end of 2002 concurrent with the structural improvements (restrooms and pathways) at Kikaua Point Park. Compliance With Conditions of A.pnroval Attached for your reference is a set of charts that outline the various conditions of approval and the status of compliance with these conditions. You will note that nearly all conditions of the subject ordinance and permits that can be met at this time have been addressed, and the only remaining conditions that have not been fully complied with are primarily those that are to be addressed in the course of development. Should you have any questions regarding this report or require additional information, please do not hesitate to contact me at 961-3333. Sincerely, PBR HAWAII AMES M. LEONARD, AICP Managing Director -Hilo Uffice Enclosures. xc: Sam Ainslie, WB Maniniowali BJ Kobayashi, Kobayashi Group Wally Campbell, WB Maniniowali Kathy Inouye, Kobayashi Group E. Divita, Discovery Land Kevin Kasai, Kobayashi Group Carl Carlson, WB Maninowali Steve Lim, Carlsmith Ball Milton Morinaga, WB Kukio Tom Witten, PBR Hawaii Annual Progress Report 2002.wpd V6TB Kukio Change of Zone Ordinance No. 88-158 - (October 27, 1988) 2002 Anaaual Progress Deport February 12, 2002 Ord 88-158/ A Comply with Stated Conditions of Approval. C?n-going WB Kukio(WBK) agrees to comply with all stated conditions of approval as stated below. Ord 88-158/ B Provide proof of a private water well(s) of Complied A Water Engineering Report was approved by the such quality and quantity adequate to meet Department of Health-Safe Drinking Water Branch the needs of the proposed development. (DOH-SDWB) on June 8, 2000. The County of Hawaii Department of Water Supply (DWS) confumed on July 17, 2000 that Condition B had been met. Ord 88-158/ C Submit Preliminary Subdivision Plans within Complied In October of 1989 the prior owner, Huehue Ranch one year of the effective date of SMA Use Associates, L.P. (HRA), received a one year Permit 273 (October 27, 1988). extension of time to meet Condition 3 and Ordinance 88-158 Condition C. In meeting the condition, Preliminary Subdivision Plans were submitted to the Planning Department on October I5, 1990 although action on the Tentative Subdivision Approval was deferred. Submit Final Subdivision Plat Maps within Complied Following purchase of the property by WBK, a one year from the date of Tentative revised Subdivision Plan was submitted and Subdivision Approval. Tentative Subdivision approval was received on February 4, 2000. In meeting Condition C, Final Subdivision Approval was granted on August 1 I , 2000. Ord 88-158/ D Approval by the Department of In process DOT approval of the intersection Construction Transportation (DOT)-Highways Division of Plans was received on August 7, 2000 (File No. the Construction Plans for a fully Hwy-PS2.9210). The planned intersection channelized intersection at Queen improvements at Queen Kaahumanu Highway are Kaahumanu Highway and the proposed resort currently under construction. entry road. Ord 88-158/ E Approval of a Traffic Monitoring Program by Complied An updated Traffic Impact Analysis Report (TIAR) the DOT-Highways Division prior to that includes a monitor program was approved by obtaining Final Subdivision Approval for any the DOT in a letter dated August 7, 2000. portion of the proposed development. Ord 88-158/ F Construct all roadways within the proposed In process Construction Plans for the subdivision roadways for development in accordance with the the initial phase of development have been reviewed requirements of the Department of Public and approved by the Department of Public Works as Works (DPW). part of the Phase IA Final Subdivision Approval. Construction of the Phase IA roadways is near completion. Page -1- WB Kukio Change of Zone Ordinance No. 88-158 - (October 27, 1988) 2002 Annual Progress Report February 12, 2002 Per~ait/ Noe C~~dgte®~ ~tataas ~oa~m~~ts!rSfatus Ord 88-158/ G Provide roadway connections to the adjacent In process Construction Plans for the subdivision roadways for property along the southwestern and the initial phase of development have been approved northeastern boundary at the time of as part of the Phase I Final Subdivision Approval. development in a manner meeting the The Phase I Subdivision roadways are currently approval of the DPW. under construction including roadway connections to the adjacent properties. Ord 88-158/ H No lots shall have direct access from Queen In process Construction Plans for the project access Kaahumanu Highway except through an improvements have been approved by the DOT and access point approved by the State are currently under construction as indicated on all Department of Transportation. Other access Subdivision Plans, access to all interior lots are from to the proposed lots shall be from the interior interior roadways. roadways. Ord 88-158/ I A drainage system shall be installed meeting In process Construction plans for the project drainage system with the approval of the Department of was approved as part of the Phase IA subdivision Public Works. approval and is currently under construction with the Phase IA infrastructure. Ord 88-158/ J All residential, commercial and hotel units In process A letter of July 27, 2000 from DOH approved plans and uses shall be connected to a Sewage for the Kukio Bay Wastewater Treatment Plant. Treatment Plant, public or private, meeting WBK is currently constructing a private sewage with the approval of the appropriate treatment plant to service all residential, commercial governmental agencies. and hotel units in the proposed development. The proposed sewage treatment plant will have a standby The Sewage Treatment Plant shall have a diesel power generator to operate the plant in the stand-by generator to operate the plant in the even of an electrical power outage. event of an electrical power outage. Ord 88-158/ K Method used to satisfy an affordable housing Complied WBK has provided the County an in-lieu payment requirement must be approved by the Office of $236,000.00 in satisfaction of the affordable of Housing, subsequent to review and housing requirements for the full development and recommendation and Community in compliance with the County Affordable Housing Development (OHCD), prior to issuance of Policy as contained in Ordinance 98-1. In a letter Final Plan Approval for any phase or dated August 9, 2000, the Planning Department increment of the proposed resortlresidential acknowledges receipt of in-lieu payment and development. compliance of Condition K. Page -2- WB Kukio Change of Zone Ordinance No. 88-158 - (October 27, 1988) 2002 Annual Progress lZeport Februargy 12, 2002 Per-nlitr''_°vd ~ _ ~`2~u~~~iot~ ~ta.~u~; ~on~~~ts, St~ta~ Ord 88-158/ L Submit an Archaeological Survey and Coteyplied A full Archaeological Reconnaissance Survey and Mitigation Plan to the Planning Department Mitigation Plan, prepared by Paul H. Rosendahl, and the Department of Land and Natural Ph.D., Inc. (PHRI) and approved by the State Resources (DLNR)-Historic Sites Section for DLNR, Historic Site Preservation Office review and approval prior to Tentative (HSPO)was submitted to the Planning Department Subdivision Approval and/or prior to any with the SMA Use Permit application for the land preparation activity being conducted on infrastructure, golf course development, and the property. subdivision at Kukio Beach(SMA Permit No. 273). A Mitigation Plan for Data Recovery, Interim Site Preservation and Burial Treatment was also approved by the DLNR -HSPO and the Planning Director . All data recovery work on the site has been completed and a report on the findings of the data recovery phase has been approved by DLNR- HSPO. Sites recommended for preservation have been protected with appropriate buffer zones and protective fencing, as recommended by DLNR- HSPO. A Final Site Preservation Plan for the Kukio project was also approved by DLNR-HSPO in a letter dated May 30, 2001. Ord 88-158/ M Cease work if unidentified sites or remains On-going Should any unanticipated archaeological sites be are encountered. uncovered during land preparation, WBK will stop work immediately and notify the Planning Director. In such case, work would not resume until appropriate clearance is given by the Director. Ord 88-158/ N All proposed buildings, other than those Complied WBK has observed a minimum setback of 100 feet directly related to the golf course operations, between all buildings and the edge of the fairways, shall observe a minimum setback of 100 feet greens and tee areas of the golf course, as reflected from the edge of the fairways/greens/tee in all plans submitted for Plan Approval. areas of the golf course unless a lesser setback is approved by the Planning Director. If deemed necessary, additional setbacks or other mitigating measures, such as additional landscaping along certain portions of the golf course boundaries, may be imposed at the time of Plan Approval review. Ord 88-158/ O Submit plans for review and approval of the On-going Should WBK initiate further residential implementation of the mauka community development within the mauka property, plans for a park to the Department of Parks and mauka community park will be submitted to P & R Recreation (P & R) and the Planning Director and to the Planning Director for review and prior to Final Plan Approval of the first approval prior to Final Plan Approval for the first mauka residential development. mauka residential increment. Page -3- WB Kukio Special Management Area Use Permit No. 273 - (October 27, 1988) 2002 Annual Progress Report February 12, 2002 1'er~nitl No- ~:~~ad ~ti®a~ ~ ~l~la~s ~ ~onana~~tsf ~~tatus Ord 88-158/ P Al] conditions of SMA Use Permit No. 273 Complied Satisfaction of these related conditions are and Q will be complied with. addressed separately under SMA Use Permit No. 273 prior to Final Plan approval for the first mauka residential increment. Ord 88-158/ R Comply with Chapter 205A, HRS, relating to In process All development has been in compliance with Coastal Zone Management and Rule 9 of the requirements of Chapter 205A, HRS. Planning Commission relating to Special Management Area Ord 88-158/ S Submit an SMA Use Permit Application for Complied The prior owner, HRA, submitted an SMA Use the first hotel within 3 years from the Permit application for the hotel development on effective date of this Ordinance. October 5, 1990 and received Permit Approval on January 31, 1991 (SMA Use Permit No. 311). Ord 88-158/ T Comply with all applicable laws, rules, On-going WBK will comply with all applicable laws, rules, regulations and requirements. regulations and requirements. Ord 88-158/ U Provide Annual Progress Reports. In process WBK will provide Annual Reports to the County in accordance with this requirement. Page -4- WB Kukio Special Management Area Use Permit No. 273 - (July 29, 1988) 2002 Annual Progress Report February 12, 2002 ~'eff~g~; Ntso ~~n~i~fl~ StaYats ~afnme~a~s~ Sfia~us SMA 273/ 1 Effective Date of SMA Use Permit 273. Complied The SMA Use Permit became effective simultaneously with the effective date of the Change of Zone request (October 27, 1988) SMA 273/ 2 Comply with Stated Conditions of Approval. On-going WB Kukio(WBK) agrees to comply with all stated conditions of approval as stated below. SMA 273/ 3 Submit Preliminary Subdivision Plans within Complied In October of 1989 the prior owner, Huehue Ranch one year of the effective date of SMA Use Associates, L.P. (HRA), received a one year Permit 273 (October 27, 1988). extension of time to meet Condition 3 and Ordinance 88-158 Condition C. In meeting the condition, Preliminary Subdivision Plans were submitted to the Planning Department on October 15, 1990 although action on the Tentative Subdivision Approval was deferred. Submit Final Subdivision Plat Maps within Complied Following purchase of the property by WBK, a one year from the date of Tentative revised Subdivision Plan was submitted for Subdivision Approval. Tentative Subdivision approval which was received on February 9, 2000. Final Subdivision Approval was granted on August 11, 2000. Subdivision Plans affecting lands adjacent to Complied A 1 SO-foot wide planting easement along Queen Queen Kaahumanu Highway shall denote a Kaahumanu Highway is designated on all 150-foot wide planting easement adjacent to Subdivision Plans submitted for approval. As noted and along each side of Queen Kaahumanu in the letter dated July 27, 2000, the Applicant plans Highway. to leave the entire area within the 150-foot planting easement in its natural state. Structural improvements in this area would be limited to signage, entry features and infrastructure related improvements such as roads and utilities. Page -5- WB Kukio Special Management Area Use Permit No. 273 - (July 29, 1988) 2002 Annual Progress Report February 12, 2002 Permit/ No. Co~aditi€a>t~ Sta~i>« Comnieaats/ Status SMA 273/ 4 Submit for Plan Approval review to the Complied In meeting Condition 4, plans for the resort golf Planning Department plans for the golf course and clubhouse were submitted for Plan course and clubhouse within one year of Approval on October 27, 1989 by the prior owner, effective date of SMA Use Permit 273 Huehue Ranch Associates (HRA). HRA had (October 27,1988). received Grading Permit Approval for the resort golf course on March 18, 1992 at which time HRA initiated the grading (mass excavation) of the resort golf course. Construction of the HRA course was halted in 1994. Commence construction within one year In process WBK subsequently received Final Plan and Revised from the date of receipt of Final Plan Final Approvals for a revised golf course and Approval and be completed within 3 years clubhouse design August 8, 2000 and September 20, thereafter. 2001, respectively. Grading permit approval for the golf course was received in October 2000 and construction was initiated January 2002. Completion of the Kukio golf course is expected by the first quarter of 2004. SMA 273/ 5 Provision of a fully channelized intersection In process DOT approval of the intersection Construction at Queen Kaahumanu Highway and the Plans were received on August 7, 2000 (File No. proposed resort entry road meeting the Hwy-PS2.9210). The planned intersection approval of the Department of Transportation improvements at Queen Kaahumanu Highway are (DOT)-Highways Division. currently under construction. SMA 273/ 6 Approval of a Traffic Monitoring Program by Complied An updated Traffic Impact Analysis Report (TIAR) the DOT-Highways Division prior to that includes a monitor program was approved by obtaining Final Subdivision Approval for any the DOT in a letter dated August 7, 2000. portion of the proposed development. SMA 273/ 7 Construct all roadways within the proposed In process Construction Plans for the subdivision roadways for development in accordance with the the initial phase of development have been approved requirements of the Department of Public as part of the Phase I Final Subdivision Approval. Works (DPW). The Phase I Subdivision roadways are currently under construction. SMA 273/ 8 Provide roadway connections to the adjacent In process A roadway connection to the adjacent properties property along the southwestern and indicated is within the approved Phase IA northeastern boundary at the time of Subdivision Plans and will be constructed in development in a manner meeting the conjunction with the subdivision roadways. approval of the DPW. Page -6- WB I~ukio Special Management Area Use Permit No. 273 - (July 29, 1988) 2002 Annual Progress Report February 12, 2002 P~~°mgtl N~so ~o~diti~n State Iv`e~~m~entsl Status: SMA 273/ 9 Submit for approval to the Planning Complied In a letter from the Planning Director dated October and 10 Department a Water Quality and Marine Life 8, 1991, the Water Quality and Marine Life Monitoring & Mitigation Plan &Anchialine Monitoring & Mitigation Plan & Anchialine Pond Pond Management Plan (Plans) Management Plans were approved with the understanding that the Plans may be updated over time to reflect the new monitoring protocols under development by the Task Force on Water Quality Monitoring for West Hawaii. Final Plans addressing the proposed protocols were submitted for PD approval on October 31, 1991. The Plans have been further updated by WBK to reflect changes to the overall project Master Plan and to better detail the implementation procedures of the Plan. The updated Plan (November 10, 2000) was approved by the PD on December 10, 2000. SMA 273/ 11 Submit an Archaeological Survey and Complied A full Archaeological Reconnaissance Survey and Mitigation Plan to the Planning Department Mitigation Plan, prepared by Paul H. Rosendahl, and the Department of Land and Natural Ph.D., Inc. (PHRI) and approved by the State Resources (DLNR)-Historic Sites Section for DLNR, Historic Site Preservation Office on January review and approval prior to Tentative 8, 1990. A Mitigation Plan for Data Recovery, Subdivision Approval and/or prior to any Interim Site Preservation and Burial Treatment was land preparation activity being conducted on also approved by the DLNR -HSPO and the the property. Planning Director . All data recovery work on the site has been completed and a report on the findings of the data recovery phase has been approved by DLNR-HSPO. Sites recommended for preservation have been protected with appropriate buffer zones and protective fencing, as recommended by DLNR- HSPO in consultation with the Hawaii Island Burial Council. A Final Site Preservation Plan for the Kukio project was also approved by DLNR-HSPO on May 30, 2001. SMA 273/ 12 Cease work if unidentified sites or remains On-going Should any unanticipated archaeological sites be are encountered. uncovered during land preparation, WBK will stop work immediately and notify the Planning Director. In such case, work would not resume until appropriate clearance is given by the Director. Page -7- WB Kukio Special Nlanageinent Area Use Permit No. 273 - (July 29, 1988) 2002 Annual Progress Report February 12, 2002 Permit/ No. Co~di>Edon Status Coua~nets/:Status SMA 273/ 13 A mauka-makai public access shall be In process A Comprehensive Public Access Plan was provided. A lateral pubic access throughout submitted to the Planning Department for review the length of the property shall also be and approval in June 1991. The Plan provides for provided. A minimum of one public mauka-makai access from the highway to the shoreline parking stall for every ten hotel and shoreline and lateral access throughout the length of residential units and a restroom/shower the property. An updated Public Access Plan facility shall be provided at the mauka-makai (October 2000) reflecting the changes to the project access. An easement shall be recorded with development and detailing the measures for the State Bureau of Conveyances for the implementation was submitted by WBK and public access and parking area. The location, received the Planning Director's approval on August time of construction and/or availability, 9, 2000. restriction on use, signage, and related improvements for the public shoreline access Preparation of the Shoreline Public Access Plan and and parking area shall be approved by the planning for the proposed Kikaua Point Park Planning Director. Best efforts shall be used (disputed parcel) have been coordinated with DLNR to secure the necessary governmental permits and the Planning Department to ensure that access for the development of an ocean front park to and along the shore is maintained over this on the makai side of the property tot he south portion. Applications for a Conservation District of the existing beach. Use Permit and Special Management Area Use Permit (SMA No. 336) allowing for the proposed park improvements have been approved by the State and County, respectively. Public Access and park related improvements are currently under construction and are planned to be completed and open to the public concurrent with the opening of the hotel (Beach Club) facilities in late 2002_ An easement will be recorded with the Bureau of Conveyances prior to the opening of the public access and parking area. Parking stalls will be provided in a ratio of one parking stall per every ten resort (residential and hotel) unit. SMA 273/ 14 Use of pesticides and herbicides shall On-going Pesticide and herbicide use at Kukio will comply conform with applicable regulations of with all applicable State and Federal regulations. appropriate government agencies. SMA 273/ 15 Minimize dust and runoff sedimentation. On-going WBK has implemented a regular program for dust Measures shall be in compliance with and erosion control which is in conformance with construction industry standards and practices construction industry standards and practices. utilized during construction. Page -8- WB Kukio Special Management Area Use Permit No. 273 - (July 29, 1988) 2002 Annual Progress Report February 12, 2002 P~rnait/ No C~~~ilEioa~ Status C®Fasmentsi' St~Ius SMA 273/ 16 All residential, commercial and hotel units In process In a letter of July 27, 2000 DOH approved plans for and uses shall be connected to a sewage the Kukio Bay Wastewater Treatment Plant. WBK treatment plant, public or private, meeting is currently constructing a private sewage treatment with the approval of the appropriate plant to service all residential, commercial and hotel governmental agencies. The sewage units as part of the Kukio infrastructure treatment plant shall have a stand-by development in the proposed development. The generator to operate the plant in the event of proposed sewage treatment plant will have a standby an electrical power outage. diesel power generator to operate the plant in the event of an electrical power outage. SMA 273/ 17 All proposed buildings, other than those Complied WBK has observed a minimum setback of 100 feet directly related to the golf course operations, between all buildings and the edge of the fairways, shall observe a minimum setback of 100 feet greens and tee areas of the golf course, as reflected from the edge of the fairways/greens/tee in all plans submitted for Plan Approval. areas of the golf course unless a lesser setback is approved by the Planning Director. If deemed necessary, additional setbacks or other mitigating measures, such as additional landscaping along certain portions of the golf course boundaries, may be imposed at the time of Plan Approval review. SMA 273/ 18 Develop and submit for review and approval Complied A Job Training Program addressing the operational a Job Training Program for the operating phase of the hotel was approved in an August 9, phase of the hotels to the Planning 2000 letter from the Planning Director. Department prior to receipt of Final Plan approval for each of the proposed hotels. SMA 273/ 19 Submit for review and approval a Complied A Construction Housing Mitigation Plan pertaining Construction Housing Mitigation Plan to the to the hotel (Beach Club), including a regular Planning Department prior to Final Plan reporting schedule, was approved on August 9, approval for each of the proposed hotels. 2000. The Plan shall include a regular reporting schedule to allow the Planning Department to monitor the construction housing impact. SMA 273/ 20 Submit for review and approval an Complied An Emergency Preparedness and Response Plan Emergency Preparedness and Response Plan was submitted to the Planning Director and Civil to the Planning Director and the Civil Defense Agency. The County Civil Defense Defense Agency prior to occupancy of the approved the plan on October 23, 2000 and a copy first hotel or residential development. of the approved Plan was provided to the Planning Director. SMA 273/ 21 All utility lines shall be underground. In process In compliance with Condition 21, all utility lines within the Kukio development are being placed underground. Page -9- W16 I~ul~io Special Nlanagenaent Area Use Perffiit 1010.273 - (July 29, 198) 2002 Annual Progress Report February 12, 2002 P~r~xaBt+~`~oo ~ '~an~lif~g~n ~t~tus ~€t~~-e~t~~ ~ta~~s SMA 273/ 22 No improvements shall be allowed within the Complied No improvements are currently planned within the 40-foot shoreline setback area unless a 40 foot shoreline setback area. Shoreline Setback Variance has been applied for and granted by the Planning Commission. SMA 273/ 23 Comply with all affected conditions in the On-going All affected conditions in the Change of Zone accompanying change of zone. application will be complied with. SMA 273/ 24 Comply with all applicable laws, rules, On-going WBK will comply with all applicable laws, rules, regulations and requirements. regulations and requirements. SMA 273/ 25 Provide Annual Progress Reports. In process WBK will provide Annual Reports to the County in accordance with this requirement. SMA 273/ 26 A Time Extension for compliance with the On-going WBK acknowledges that a Time Extension for Conditions of Approval may be granted. compliance with the Conditions of Approval may be granted by the Director. Page -10- ~ Kuki~ Special 1Vlanagemeaa~ Area Use Peranit 1®Im. 311 - (~ebruary .15,1991) 2002 r~naaeaal l'r®gress 1Zep®rt FebruargT 12, 2002 SMA 311/ 1 Comply with Stated Conditions of Approval. On-going WB Kukio (WBK) agrees to comply with all stated .conditions of approval as stated below. SMA 311/ 2 Submit-Plans for the hotel development to C®mplied Several extensions of time- were requested by the the Punning Department. Secure Final Plan prior owner, IIRA, and. granted by the Planning Approval within eighteen months from the Director, thereby extending the date in which to effective date of the SMA Use Permit. secure Final Plan Approval for the proposed hotel development to 3uly 31, 1995. On May 30, 1995, HRA submitted- a request;to the County Planning Commission for a furt~tex extension of time in which to comply with this .condition. At a public hearing on September i4, 1995, the Planning Commission granted a request to allow an additional five years (to September 28, 2000) in which to obtain Final -Plan Approval for hotel development. In meeting Condition 2, Final Plan Approval for the hotel (Beach Club) was issued on August 8, 2000. SMA 311/ 3 Commence construction within one year On-going Construction is proceeding in a imely manner and from the date of receipt of Final Plan in compliance with Condition 3. Approval and be completed within two years thereafter. SMA 311/ 4 Submit Preliminary Subdivision Plans for-the Complied Preliminary Subdivision Plans for the proposed 43- single-family residential development within lot single-family residential development were one year from. the effective date of this submitted to the County Planning Department in permit 3anuary 1992 .although action on the Subdivision Application was deferred. Revised Preliminary Subdivision Plans were submitted by WBK on November 22, 1999- and Tentative Subdivision Approval was received on February 4, 2000. Secure Final Subdivision Approval within Complied Final Subdivision Approval for the initial phase of one year from the date of receipt of Tentative development (Phase I) was- received by WBK on Subdivision Approval. August 11, 2000. SMA 311/ 5 All proposed buildings, other than those C®mplieal WBK has observed a minimum setback of 100 feet directly related to the golf course operations, between all buildings>and the edge of the fairways, shall observe a minimum setback of 100 feet greens and tee areas of the golf course, as reflected from the edge of the fairways/greens/tee in all plans submitted-for Plan Approval. areas of the golf course unless. a lesser setback is approved by the Planning Director. If deemed necessary, additional setbacks or other mitigating measures, such as additional landscaping along certain portions of the golf course boundaries, may be imposed at the time of Plan Approval review. Page -11- WB Kukio Speeial Management Area Use Permit No. 311 -(February 15, 1991) 2002 Annual Progress 12eport February 12, 2002 .~et-mill ?~c~. '1?'t3at~t~®~' Status ~~a~s~ae~t~~,~ ~~a~us SMA 311/ 6 Establish a 100-foot setback area from the Comlrlied WBK has adhered to the required setbacks though Certified Shoreline in which the construction a lesser setback, as provided for in Condition No. 6, of structures shall be prohibited, unless a has been approved by the Planning Director for a lesser setback is approved by the Planning Beach Activity Center and Canoe Hale. The 100- Director. The 100-foot setback line shall be foot setback line has been delineated on plans for delineated on plans for Plan Approval and Plan Approval. building permit(s). SMA 311/ 7 The minimum 40-foot shoreline setback line In process WBK is complying with this condition. No shall be staked by a registered surveyor prior structural improvements requiring a Shoreline to any land alterations in the affected area. Setback Variance are currently planned within the Written confirmation shall be submitted in 40-foot setback area. conjunction with requested permit(s). No improvements shall be allowed within the 40-foot shoreline setback area unless a Shoreline Setback Variance has been applied for and granted by the Planning Comm~ission. SMA 311/ 8 Access to the project site shall comply with In process DOT approval of the Construction Plans for the the requirements of the State Department of access improvements was received on August 7, Transportation-Highways Division. Access 2000 (File No. Hwy-PS2.9210) and intersection and improvements shall be completed prior to access related improvements at Queen Kaahuxnanu issuance of a Certificate of Occupancy for Highway are currently construction. any portion of the hotel (Beach Club). SMA 311/ 9 All roadways within the proposed In process All Construction Plans for the subdivision roadways development shall be constructed in have been reviewed and approved by DPW as part accordance with the requirements of the of the Final Subdivision Approval process. Department of Public Works (DPW). A frontage road, as shown on the In process A frontage road is shown on all Subdivision Plans Subdivision Plans, shall be constructed and will be constructed concurrent with the within one (1) year from the issuance of the subdivision roads and within one year from the Certificate of Occupancy for the hotel issuance of a Certificate of Occupancy for the hotel development or at such time as required by which is scheduled to occur in late 2002. the DPW and Planning. Curbs, gutters, and sidewalks shall be constructed unless alternate resort roadway standards are approved by the Chief Engineer and the Planning Director. SMA 311/10 A drainage system shall be installed meeting In process Construction Plans for the Kukio drainage system the approval of the Department of Public have been received and approved by DPW as part of Works. the Final Subdivision process. Page -12- . W13 Kukio Special l~l[ana~euaent Area 1Jse PerrBait No. 311 - (February 15,1991) 2002 ~aauual l~a-o~ress Report la ebruary 12, 2002 i~`~t~~al1 a~~ ~ ~ ~~~t~~~~ ~~~t~t~~ ~~~a~t~stl~~~~ ~sl~~~t SMA 311/ 11 All residential, commercial and hotel units In process DOH approved of plans for the Kukio Bay and uses shall be connected to a sewage Wastewater TreatmentPlant was received in a letter treatment plant, public or private, meeting of .luly 27, 2000. WB'K is currently constructing a with the approval of the appropriate private sewage treatment plant to service all governmental agencies. The sewage residential, commercial and hotel units in the treatment plant shall have a stand-by proposed development. The sewage treatment plant generator to operate the plant in the event of will have a standby diesel power generator to an electrical power outage. operate the plant in the event of an electrical power outage. SMA 311/ 12 Submit an Archaeological Survey and CompBaed A-full Archaeological Reconnaissance Survey and Mitigation Plan to the Planning Department Mitigation Plan, prepared by Paul H. Rosendahl, and the Department of Land and Natural Ph.D., Inc. (PHRI) and approved by the State Resources (DLNR)~Iiistoric Sites Section for DLNR, Historic Site Preservation Office review and- approval prior to Tentative (HSPO)was submitted to the Planning Department Subdivision Approval ancUor prior to any with the SMA Use Permit application for the land preparation activity being conducted on infrastructure, golf course development, and she property. subdivision at Kukio Beach(SMA Permit No. 273). A Mitigation Plan for D«ta Recovery, Interim Site Preservation and Burial Treatment was also approved by the DLNR -HSPO and the Planning Director . All data recovery work on the site has been completed and a report on the fmdings of the data recovery phase has been approved by DLNR- HSPO. -Sites recommended for preservation have been protected with appropriate buffer zones and protective fencing, as recommended by DLNR- HSPO in consultation with the flawaii Island Burial Council. A Final Site Preservation Plan for the Kukio project-was also approved byDLNR-HSPO on May 30, 200.1. SMA 311/ 13 Cease, work 4f unidentified sites or remains On-going Should any unanticipated .archaeological sites be are encountered. uncovered Burin. g land preparation, WBK will stop work immediately and notify the Planning Director. In .such case, -work would not resume until appropriate clearance is given by the Director. SMA 3l 1/ 14 Submit for review and approval an C®naplied An Emergency Preparedness. and Response Plan Emergency Preparedness and Response Plan was submitted to the Planning Director and Civil to the Planning Director and the Civil Defense Agency. The. County Civil Defense Defense Agency prior to occupancy of the approved the plan on October 23, 2000. first hotel or residential development. Page -13- WB I~ukio Special Managegnent Area Use PerYnit No. 311 - (February 15, 1991) 2002 Annual Progress Report February 12, 2002 . ~'crnaeYd ?~d¢~e ~~nc~ef~ott ` St2tlu~ +1u`atnas~a~~at~l Sf~Bt~ SMA 311/ 15 Submit for approval to the Planning Complied In a letter dated October 8, 1991 from the Planning and 17 Department a Water Quality and Marine Life Director, the Water Quality and Marine Life Monitoring & Mitigation Plan &Anchialine Monitoring & Mitigation Plan & Anchialine Pond Pond Management Plan (Plans). Management Plans were approved with the understanding that the Plans may be updated over The Water Quality and Marine Life time to reflect the new monitoring protocols under Monitoring & Mitigation Plans shall be development by the Task Force on Water Quality submitted to and approved by the Planning Monitoring for West Hawaii. Final Plans Department prior to issuance of a Grading addressing the proposed protocols were submitted Permit and/or prior to any land preparation for PD approval on October 31, 1991. activity being conducted on the property. The Plans have been further updated to reflect changes to the overall resort Master Plan, and to better detail the implementation measures of the Plan and improvements within the ponds. The updated Plan (November 10, 2000) was approved on December 10, 2000 by the Planning Department. SMA 311/ 16 Comprehensive Public Access Plan In process WBK is complying with Condition 16 as set forth under Condition 13 of SMA Use Permit No. 273. WBK received approval of the Comprehensive Public Access Plan on August 9, 2000. SMA 311/ l8 Minimize dust and runoff sedimentation. On-going Measures have been implemented in concert with Measures shall be in compliance with industry standards and practices to minimize dust construction industry standards and practices and run off during construction. utilized during construction. SMA 311/ 19 All utility lines shall be underground On-going In compliance with Condition 19 all utility lines have been placed underground. SMA 311/ 20 Submit for review and approval a Complied A Construction Housing Mitigation Plan pertaining Construction Housing Mitigation Plan to the to the hotel (Beach Club) was prepared and Planning Department prior to Final Plan submitted by WBK to the Planning Department and approval for each of the proposed hotels. approved on August 9, 2000. The Plan shall include a regular reporting schedule to allow the Planning Department to monitor the constnuction housing impact. SMA 311/ 21 An employee housing assessment and Complied Condition 21 pertaining to the employee housing mitigation plan shall be submitted for review requirements for the resort hotel has been addressed and approval by the Planning Department in as part of the overall resort Affordable Housing consultation with the Office of Housing and Program. The requirements for employee housing Community Development (OHCD) prior to have been satisfied through the payment of an in- Final Plan Approval. lieu fee to OHCD. Confumation of receipt of the in-lieu payments and satisfaction of Condition 2 ] is noted in the April 13, 2000 letter from OHCD and the August 9, 2000 letter from the Planning Director, respectively. Page -14- ~V~ I~ukio Speciaa Management Area Use Perani~ 101m. 311 - (February 15, 1991) 2002 Annual Pr®gress IZep®rt February 12, 2002 SMA 311 / 22 Develop and submit for review and approval Coanplieal A Job Training Program- addressing the operational a Job Training Program for the operating phase of the hotel was prepared and submitted to the phase of the hotels to the Planning Planning Department for review and approval. Department prior to receipt of Final Plan Approval of the Job Training Program was approval for each of the proposed hotels. confirmed in an August 9, 2000 letter from the Planning Director. SMA 311/ 23 Applicant shall make the best possible use of In process WBK will make use of available cost effective available cost effective energy savings energy saving technology in the design of the resort technology in the design of the resort development, to the furthest extent practical. development. Energy conscious design and technology has been incorporated into the planning and design of the resort facilities based on life cycle cost analysis. Energy conscious design and technology will In process In a letter submitted to the Planning Director dated be incorporated based on both life cycle cost October 23, 2001, WBK described some of the analysis and the architecture of the resort. measures that have been incorporated as part of the project in meeting the requirements of Condition 23. In the design of the project facilities, WBK has incorporated the following energy savings design features: • Use of day lighting; • Use of natural ventilation; • Reduction of heating loads through generous overhangs, landscaping, and proper building orientation where site conditions allow; • Use of low wattage lighting fixtures, where practical; and • Use of waste heat recovery in combination with central cooling facilities; • The encouragement of solar water heating and energy conscience design in residential structures. SMA 311/ 24 Comply with all affected conditions imposed On-going WBK is in compliance with all other permits and by the State Land Use Commission, ordinances as detailed in the attached reports. Ordinance No. 87-49 (Change of Zone) and SMA Use Permit No. 273. SMA 311/ 25 Comply with all applicable laws, rules, On-going WBK will comply with all applicable laws, rules, regulations and requirements. regulations and requirements. SMA 311/ 26 Provide Annual Progress Reports. In process This report is being submitted in meeting the reporting requirements of Condition 26. SMA 311/ 27 Acknowledges that a Time Extension for On-going WBK acknowledges that a Time Extension for compliance with the Conditions of Approval compliance with the Conditions of Approval may be may be granted. granted by the Director. Page -15- _