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HomeMy WebLinkAboutCOM 0236.001 2002-2004 for N 40~ ~ Harry Kim V ~ Christopher J. Yuen Mayor Director e+• ~ b~•i as,M~~' Roy R. Takemoto ~~y~ Deputy Director ~1,QlTYC~~T 1X~ ~2tfUMtt PLANNING DEPARTMENT 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720-3043 March 9, 2004 B08) 961-8288 Fax (808) 961-8742 James M. Leonard, AICP PBR Hawaii -Hilo r`~ 101 Aupuni Street, Sutte 310 i Hilo, HI 96720-4276 O~ ~ r ,j ~ Dear Mr. Leonard: r-~ 0 SUBJECT: Change of Zone Ordinance No. 88 158 (REZ 609) _ ~ - Special Management Area Use Permit No. 311 Special Management Area Use Permit No. 273 ro - Applicant: WB Kukio Resorts, LLC _ Subject: Annual Progress Report ~ TMK: 7-2-004:016; 7-2-016:001-008; 7-2-017:001-032; 7-2-018:001-033; 7-2-019:001-030;7-2-020:001-026 This is to acknowledge receipt of your letter dated February 20, 2004 containing an annual progress report for 2002 and 2003 as required by Condition U of Change of Zone Ordinance No. 88 158 (REZ 609), Condition 26 of SMA 311 and Condition 25 of SMA 273. Thank you for complying with the annual report requirement. We appreciate the thoroughness of your report. We will forward copies of your report to the Planning Commission and County Council. As a reminder, you are required to comply with all conditions as stated in the above-referenced ordinance within the appropriate timetables. Due to the numerous annual reports submitted at one time, we will use January 31s` as our review date. Please note that your next annual report will be due on or before January 31, 2005. Should you have any questions, please contact Norman Hayashi or Jeff Darrow of our Hilo office at 961-8288. Sincerely, , / ~ _ C`11RISTOPHER YUEN Planning Directo~+. JWDamn PAWPW M60UHFFVLettersVAnnual Rcports~Ll.eonard-APR-REZ609 duc ec w/report: Planning Dept. -Kona ,/County Council Planning Commission Comm. No. ?.3~0• Ref. To: Ref. Dvte~ ~ ~ r a A4t February 20, 2004 alf' ~y ~."..0... ~ i. t;n n~I r'ri1 n 7Q LAND PLANNING ~ " LANOSCAPEARCHITELTURE Mr. Christopher J. Yuen, Director' ENVIRONMENTAL STUDIES planning Department - ~ - County of Hawaii ' ' L•-, 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 WM. PRANK BRANDY, FASLA - c""'RM"" SUBJECT: ANNUAL PROGRESS REPORT THOMAS s. wmEN, ASLA CHANGE OF ZONE ORDINANCE 88-158 PRES/DENT SPECIAL MANAGEMENT AREA USE PERMIT N0. 273 SPECIAL MANAGEMENT AREA USE PERMIT N0.311 R. STAN DUNCAN, ASLA OWNER/DEVELOPER: WB KUKIO RESORTS, LLC EXECU!/VE V/CE-PRES/GENT DEVELOPMENT: KUKIO BEACH (Formally Regent Kona Coast) RESORT RHSEELL Y.I. CHUNG, ASLA TAX MAP KEYS: 7-2-04:16; 7-2-16:1-8, 7-2-17:1-32; sXecvrrvEv/cE•PResmENr 7-2-18:1-33; 7-2-19:1-30; 7-2-20:1-26 VRJCENT SHIGEEUNI PRINC/PAL Dear Mr. Yuen: 0""'~ PRwNCAl~ AICP In reviewing our records for the Kukio project we found that an Annual Progress HrLD OFFICE Report, as required by the conditions of approval for the subject Change of Zone Ordinance and Special Management Area Use Permits related to the resort development, was not submitted for the year 2002. We sincerely apologize for GRANT MDRAKAM[, AICP this overstght and are submitting the reporting requirement for the year 2002 and SENIOR A88ocIATE 2003. TAM. SCHNact„ AICP «LSSOCI~rE, In meeting the requirements of the subject Change of Zone Ordinance and Special ' RAVMOrm T, xlaA ASLA Management Area Use Permits related to the resort developpment, the following is AsapeYe~B being submitted on behalf of WB Kukio Resorts, LLC (WBK), as their Annual Progress Report on the status of development and compliance with the KEY,N 1vlsPmcgwA, nSi.A corresponding conditions of approval. ns~ncurs Status of Development On the County level, WBK has received several approvals related to the Kukio development. In January of 2002, WBK received revised Plan Approval for the Sales Office and Hotel Complex. In April of 2002, WBK received Final Plan approval for the gatehouse and golf course rest-stop proposed as par[ of the makai uoNO,,,,, q;~,~e 10-hole ggolf course development. On June 24, 2002, WBK received Final Plan loot BISROP sTRt3Y Approval for the golf cart charger station and tennis pavilion. In December of PACI~G TDw~, si>;+~ 5so 2002, WBK received Final Plan Approval for the golf course maintenance HoNOLUiu, Hnwxt'19ag;s.9asa coin lex and administration complex which is proposed as part of the mauka 18- T~n tgog~ 5~1~55~1 P Pa,tttegpta~_i46x hole golf course development. E M%ftL' ,iy~sadRfitl<~ptlthztvai.corri Grading permit approvals for mass grading for the water treatment plant site, KI wells, and 620' reservoir were received in January and February of 2002. ' - xu.o OrBICE - - rti[ AoPyd; sT~EET In that the plannedlPhase III Subdivision will be an integral component of the H~EOLA000NC~tFRsurre~!° Kukio resort area, KKukio is desigonated as an Intermediate Resort Area in the Hua,'tiAivra`i 937204262 O TFx;; t$as> ger-sssl County General Plan, the provistons of section 23-95.1, pertaining to Fw,c, ~ao$~ 931-q9$9 improvements for resort subdivisions are applicable. Thus, on October 15, 2002, B-MA.L: Pmnuoc,a~.°e' WBK received approval from the Planning Director to amend Condition No. 7 of the Tentative Appproval Letter of November 15, 2000 to allow roads serving more than six lots to be constructed in accordance with Section 23-95.1 of the Hawaii wAwlgeG g~ICR County Code, rather than Section 23-86 (Requirements for Dedicable Streets), as 21z3 x~"° srnEeT stated within the Tentative Approval Letter. Wnu.u$o; HAtyAt'r 96793220d ' 'CEI,: ($08)'42-2878 Fnx : BO$) 242-2902 E-N1gIL: pbunzui~laYOnn[ ~p*~~~/ ,f~TY Mr. Christopher Yuen, Director SUBJECT: ANNUAL PROGRESS REPORT; CHANGE OF ZONE ORDINANCE 88-158; SPECIAL MANAGEMENT AREA USE PERMIT N0.2731; SPECIAL MANAGEMENT AREA USE PERMIT NO. 311; OWNER/DEVELOPER: WB KUKIO RESORTS, LLC; DEVELOPMENT: KUKIO BEACH (Formally Regent Kona Coast) RESORT; TAX MAP; KEYS: 7-2-04:16; 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 February 20, 2004 Page 2 On December 24, 2002, WBK received a bond agreement with the County of Hawaii which secures the development of the full service hotel at WB Kukio Resort's complex. On November 15, 2000, WBK received Tentative Appproval for the Kukio Phase III, Increments 1 and 2 Subdivision. Final Subdivision Approval (No. 2274) was granted for Increment 1 on August 28, 2003. Construction Plans for Phase III, Increment 2 are currently being reviewed by the Departments of Water Supply and Public Works. WBK expects to complete its construction Plan review and receive Final Subdivrsion Approval for Phase III, Increment 2 by mid-May 2004. The Phase III, Increment 2 will complete the makai residential subdivision layout at Kukio, although some consolidation of lots may occur. Compliance With Conditions of Approval 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 neazly all conditions of the subject ordinance and permits that can be met at this time have been addressed, and the onlyy remaining conditions that have not been fully complied with aze primarily those that aze to be addressed in the course of development. Should you have any questions regazding this report or require additional information, please do not hesitate to contact me at 961-3333. Sincerely, PBR HAWAII G'~®%~~iU6%~~ AMES M. LEONARD, AICP Principal -Hilo Office Enclosures. xc: Sam Ainslie, WB Kukio Ed Divita, Discovery Land Kathy Inouye, Kobayashi Group Randy Mon, WB Kukio Milton Monnaga, WB Kukio Carl Carlson, WB Kukio Steve Lim, Cazlsmith Ball Tom Witten, PBR HAWAII 2002and2003 Kukio Annual Repon WB Kukio Resorts, LLC Change of Zone Ordinance No. 88-158 - (October 27,1988) 2002 and 2003 Annual Progress Report February 20, 2004 Permit/ No. Condition Status Comments/ Status Ord 88-158/ A Comply with Stated Conditions of On-going WB Kukio (WBK) agrees to comply with all stated Approval. 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) confirmed on July 17, 2000 that Condition B had been met. Ord 88-158/ C Submit Preliminary Subdivision Plans Complied In October of 1989 the prior owner, Huehue Ranch within one yeaz of [he effective date of Associates, L.P. (HRA), received a one year SMA Use 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 [he property by WBK, a one yeaz 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 11, 2000. Ord 88-158/ D Approval by the Department of Complied DOT approval of the intersection Construction Transportation (DOT)-Highways Division Plans was received on August 7, 2000 (File No. of the Constmction Plans for a fully Hwy-PS2.9210) and the planned intersection channelized intersection at Queen improvements at Queen Kaahumanu Highway as Kaahumanu Highway and the proposed approved by DOT aze fully completed. resort en road. Ord 88-158/ E Approval of a Traffic Monitoring Program Complied An updated Traffic Impact Analysis Report by the DOT-Highways Division prior to (TIAR) that includes a monitor program was obtaining Final Subdivision Approval for approved by the DOT in a letter dated August 7, any portion of the proposed development. 2000. Ord 88-158/ F Construct all roadways within the proposed On-going Construction Plans for the subdivision roadways development in accordance with the for the initial phase of development have been requirements of [he Department of Public reviewed and approved by the Department of Works (DPW). Public Works as part of the Phase IA Final Subdivision Approval. Construction of the Phase IA roadways has been completed and the initial increment of the Phase III subdivision is approved and currenfly under construction. Pagc -1- WB Kukio Resorts, LLC Change of Zone Ordinance No. 88-158 - (October 27, 1988) 2002 and 2003 Annual Progress Report February 20,2004 Permit/ No. Condition Status Comments/ Status Ord 88-158/ G Provide roadway connections to the On-going Roadway connections to the adjacent property adjacent property along the southwestern boundaries are shown in project Subdivision Plans, and northeastern boundary at the time of including the Phase IIIA subdivision which development in a manner meeting the provides primary access to [he adjacent a royal of the DPW. Maniniowali develo men[. Ord 88-158/ H No lots shall have direct access from Queen Complied As indicated on all Subdivision Plans, access to all Kaahumanu Highway except through an interior lots are from interior roadways. access point approved by the State Department of Transportation. Other access to the proposed lots shall be from the interior roadwa s. Ord 88-I58/ I A drainage system shall be installed meeting On-going Construction plans for the project drainage system with the approval of the Department of were approved as part of the Phase IA and IIIA ' Public Works. subdivision approvals. Drainage system improvements have been completed for the Phase IA subdivision and aze currently under construction as art of the Phase IIIA subdivision. Ord 88-158/ J All residential, commercial and hotel units Complied A letter of July 27, 2000 from DOH approved and uses shall be connected [o a Sewage plans for the Kukio Bay Wastewater Treatment Treatment Plant, public or private, meeting Plant. WBK is operating a private sewage with the approval of the appropriate treatment plant to service all residential, governmental agencies. commercial and hotel units in the proposed development. The proposed sewage treatment The Sewage Treatment Plant shall have a plant has a standby diesel power generator to stand-by generator to operate the plan[ in operate the plant in the even of an electrical power the event of an electrical ower outa e. outa e. Ord 88-158/ K Method used to satisfy an affordable Complied WBK has provided the County an in-lieu payment housing requirement must be approved by of $236,000.00 in satisfaction of the affordable the Office of Housing, subsequent to review housing requirements for the full development and and recommendation and Community in compliance with the County Affordable Development (OHCD), prior to issuance of Housing Policy as contained in Ordinance 98-1. In Final Plan Approval for any phase or a letter dated August 9, 2000, [he Planning increment of the proposed resort/residential Department acknowledges receipt of in-lieu development. payment and compliance of Condition K. Page -2- WB Kukio Resorts, LLC Change of Zone Ordinance No. 88-158 - (October 27, 1988) 2002 and 2003 Annual Progress Report February 20, 2004 Permit No. Condition Status Comments/ Status Ord 88-158/ L 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., Ina (PHRI) and approved by the State Resources (DLNR)-Historic Sites Section DLNR, Historic Site Preservation Office (HSPO) for review and approval prior to Tentative was submitted to the Planning Department with the Subdivision Approval and/or prior to any SMA Use Permit application for the infrastructure, land preparation activity being conducted on golf course development, and subdivision at Kukio the property. Beach (SMA Perntit No. 273). A Mitigation Plan for Data Recovery, Interim Site Preservation and Burial Treatrnen[ was also approved by [he 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 byDLNR-HSPO in a letter dated Ma 30, 2001. Ord 88-158/ M Cease work if unidentified sites or remains On-going On April 5, 2002, workers uncovered human are encountered. remains within the mauka pazcel at Kukio in the course of constructing the entry road to the golf clubhouse. Shortly thereafter, on Apri122, 2002 another inadvertent find of a single portion of a human cranium was discovered by a landscape crew doing work adjacent to the main entry road. Following WBK's established protocols, work in both areas was stopped immediately and protected with construction fencing. WBK's consulting archaeologist, Paul H. Rosendahl, Inc. (PHRI) was notified as was the DLNR-SHPD Burial Si[e Program. Dr. Rosendahl examined both sites and confirmed both discoveries to be of human skeletal remains and consulted with DLNR-SHPD Burial Site Program to determine the appropriate disposition of the skeletal remains. Kukio also notified members of its Cultural Advisory Group consisting of recognized lineal descendants and me[ at both sites to solicit their recommendations as to the' appropriate treatment of each site. The Planning Department was also notified by PBR HAWAII ofbo[h inadvertent finds on April 9, 2002 and Apri123, 2002. In conjunction with WBK's Cultural Advisory Group, Dr. Rosendahl prepared a disposition plan for both inadvertent finds which has been reviewed and approved by DLNR-SFIPD Burial Sites Program and Chief Archaeologist on July 12, 2002. Page -3- WB Kultio Resorts, LLC Change of Zone Ordinance No. 88-158 - (October 27, 1988) 2002 and 2003 Annual Progress Report February 20,2004 Permit/ No. Condition Status Comments/ Status 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 between all buildings and the edge of the fairways, operations, shall observe a minimum greens and tee areas of the golf course, as reflected setback of 100 feet from the edge of the in all plans submitted for Plan Approval, unless fairways greens/tee areas of the golf course otherwise approved by the Plaming Director. unless a lesser setback is approved by the Planning Director. On July 29, 2002, the Planning Director granted WBK plan approval for the construction of certain If deemed necessary, additional setbacks or tee areas which extend into the 100-foot setback other` mitigating measures, such as area. 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 park to the Department of Parks and a mauka community park will be submitted to P & Recreation (P & R) and the Planning Rand to the Planning Director for review and Director prior to Final Plan Approval of the approval prior to Final Plan Approval for the first fast mauka residential develo ment. mauka residential increment. Ord 88-158/ P All 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 On-going All development has been in compliance with to Coastal Zone Management and Rule 9 of requirements of Chapter 205A, HRS. the Planning Commission relating to Special Mana ement Area Ord 88-158/ S Submit an SMA Use Permit Application for Complied The prior owner, HRA, submitted an SMA Use the firs[ hotel within 3 years from the Permit application for [he hotel development on effective date of this Ordinance. October 5, 1990 and received Permit Approval on Janua 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, re lations and re uirements. regulations and re uiremen[s. Ord 88-158/ U Provide Annual Progress Reports. In process WBK will provide Annual Reports to the County in accordance with this re uirement. Page -4- WB Kukio Resorts, LLC Special Management Area Use Permit No. 273 - (July 29, 1988) 2002 and 2003 Annual Progress Report February 20, 2004 Permit/ No. Condition Status Comments/ Status SMA 273/ 1 Effective Date of SMA Use Permit 273. Complied The SMA Use Permit became effective simultaneously with the effective date of the Chan a of Zone re uest October 27, 1988 SMA 273/ 2 Comply with Stated Conditions of On-going WB Kukio (WBK) agrees to comply with all stated Approval. conditions of approval as stated below. SMA 273/ 3 Submit Preliminary Subdivision Plans Complied In October of 1989 the prior owner, Huehue Ranch within one year of the effective date of Associates, L.P. (HRA), received a one year SMA Use 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 yeaz 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 Complied A 150-foot wide planting easement along Queen to Queen Kaahumanu Highway shall denote Kaahumanu Highway is designated on all a 150-foot wide planting easement adjacent Subdivision Plans submitted for approval. As to and along each side of Queen noted in the letter dated July 27, 2000, the Kaahumanu Highway. Applicant plans to leave the entire azea within the 150-foot planting easement in its natural state. Structural improvements in [his azea would be limited to signage, entry features and infrastructure related im rovements such as roads and utilities. 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 Complied WBK subsequently received Final Plan and from the date of receipt of Final Plan Revised Final Approvals for a revised golf course Approval and be completed within 3 years and clubhouse design August 8, 2000 and thereafter. September 20, 2001, respectively. Grading permit approval for the golf course was received in October 2000 and construction was initiated January 2002. The Kukio golf course construction on the nrauka parcel was completed in the last quarter of 2003. Page -5- WB Kukio Special Management Area Use Permit No. 273 - (July 29, 1988) 2002 and 2003 Annual Progress Report February 20,2004 Permit/ No. Condition Status Comments/ Status SMA 273/ 5 Provision of a fully channelized intersection Complied DOT approval of the intersection Constnuction a[ 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 f the Department of Transportation improvements at Queen Kaahumanu Highway, as (DOT)-Hi wa s Division. a roved b the DOT, aze com leted. SMA 273/ 6 Approval of a Traffic Monitoring Program Complied An updated Traffic Impact Analysis Report by [he DOT-Highways Division prior to (TIAR) [hat includes a monitor program was obtaining Final Subdivision Approval for approved by the DOT in a letter dated August 7, any portion of the proposed development. 2000. SMA 273/ 7 Construct all roadways within the proposed In process Construction Plans for the subdivision roadways development in accordance with the for the initial phase of development have been requirements of the Department of Public approved as part of the Phase I Final Subdivision Works (DPW). Approval, and the Phase I Subdivision roadways are completed. WB Kukio is currently constructing the roads for the Phase III, Increment 1 subdivision according to the Department of Public Works a roved constrncUon tans. SMA 273/ 8 Provide roadway connections [o the In process A roadway connection to [he adjacent properties adjacent property along the southwestern aze shown in the project Subdivision Plans, and northeastern boundary at the time of including the Phase III-A Subdivision which development in a manner meeting the provides primary access to the adjacent approval of the DPW. Maniniowali development. SMA 273/ 9 Submit for approval to the Planning Complied In a letter from the Planning Director dated and 10 Department a Water Quality and Marine October 8, 1991, the Water Quality and Marine Life Monitoring & Mitigation Plan Life Monitoring & Mitigation Plan & Anchialine &Anchialine Pond Management Plan Pond Management Plans were approved with the (Plans) understanding [hat 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 [he overall project Master Plan and to better detail the implementation procedures of [he Plan. The updated Plan (November 10, 2000) was approved by the PD on December 10, 2000. Page -6- WB Kultio Resorts, LLC Special Management Area Use Permit No. 273 - (July 29, 1988) 2002 and 2003 Annual Progress Report February 20, 2004 Permit/ No. Condition Status Comments/ Status 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. (PRAT) and approved by the State Resources (DLNR)-Historic Sites Section DLNR, Historic Site Preservation Office on for review and approval prior to Tentative January 8, 1990. A Mitigation Plan for Da[a Subdivision Approval and/or prior [o any Recovery, Interim Site Preservation and Burial land prepazation activity being conducted on Treatment was also approved by the DLNR -HSPO the property. 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 in consultation with the Hawaii Island Burial Council. A Final Site Preservation Plan for the Kukio project was also a roved b DLNR-HSPO on Ma 30, 2001. SMA 273/ 12 Cease work if unidentified sites or remains On-going On April 5, 2002, workers uncovered human aze encountered. remains within the mauka pazcel at Kukio in the course of constmcting the entry road [o the golf clubhouse. Shortly thereafter, on Apri122, 2002 another inadvertent find of a single portion of a human cranium was discovered by a landscape crew doing work adjacent to the main entry road. Following WBK's established protocols, work in both areas was stopped immediately and protected with construction fencing. WBK's consulting archaeologist, Paul H. Rosendahl, Inc. (PRAT) was notified as was the DLNR-SHPD Burial Site Program. Dr. Rosendahl examined both sites and confirmed both discoveries to be of human skeletal remains and consulted with DLNR-SHPD Burial Site Program to determine the appropriate disposition of the skeletal remains. Kukio also notified members of its Cultural Advisory Group consisting of recognized lineal descendants and met at both sites to solicit their recommendations as to the appropriate treatment of each site. The Planning Department was also notified by PBR HAWAII of both inadvertent finds on April 9, 2002 and April 23, 2002. In conjunction with WBK's Cultural Advisory Group, Dr. Rosendahl prepared a disposition plan for both inadvertent finds which has been reviewed and approved by DLNR-SHPD Burial Sites Program and Chief Archaeologist on July 12, 2002. Page -7- WB KulUO Resorts, LLC Special Management Area Use Permit No. 273 - (July 29, 1988) 2002 and 2003 Annual Progress Report February 20, 2004 Permit/ No. Condition Status Comments/ Status SMA 2731 13 A mauka-makai public access shall be Complied A Comprehensive Public Access Plan was provided. A lateral pubic access throughout submitted to the Planning Department for review [he 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 shoreline and lateral access throughout [he length and residential units and a restroom/shower of the property. An updated Public Access Plan facility shall be provided at the mauka- (October 2000) reflecting the changes to [he makai access. An easement shall be project development and detailing the measures for recorded with the State Bweau of implementation was submitted by WBK and Conveyances for the public access and received the Planning Director's approval on parking area. The location, time of August 9, 2000. construction and/or availability, restriction on use, signage, and related improvements Preparation of the Shoreline Public Access Plan for the public shoreline access and pazking and planning for the proposed Kikaua Point Park area shall be approved by the Planning (disputed parcel) have been coordinated with Duector. Best efforts shall be used [o DLNR and the Planning Department to enswe that secure the necessary governmental permits access to and along the shore is maintained over for the development of an ocean front park this portion. Applications for a Conservation on the makai side of the property tot he District Use Permit and Special Management Area south of the existing beach. Use Permit (SMA No. 336) allowing for [he proposed park improvements have been approved by the Slate and County, respectively. Prior to the opening of the public access and parking area a Grant of Public Access Easement & Covenants was recorded with the Bweau of Conveyances on May 2, 2003. Public Access and pazk related improvements are currently completed and o en to the ublic. SMA 273/ 14 Use of pesticides and herbicides shall On-going Pesticide and herbicide use a[ Kukio will comply conform with applicable regulations of with all applicable S[a[e and Federal regulations. a ro riate overnment a encies. SMA 273/ ] 5 Minimize dust and runoff sedimentation. On-going WBK has implemented a regular program for dust Measures shall be incompliance with and erosion control which is in conformance with construction industry standards and construction industry standards and practices. practices utilized during constmction. SMA 273/ 16 All residential, commercial and hotel units In process In a letter of July 27, 2000 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 has constructed a private sewage treatment with the approval of the appropriate plant to service all residential, commercial and governmental agencies. The sewage hotel units as part of the Kukio infrastructure treatment plant shall have astand-by development in the proposed development. The generator [o operate the plant in the event of proposed sewage treatment plant provides a an electrical power outage. standby diesel power generator to operate the plant in the event of an electrical power outage. Page -8- WB Kukio Resorts, LLC Special Management Area Use Permit No. 273 - (July 29, 1988) 2002 and 2003 Annual Progress Report February 20,2004 Permit/ No. Condition Status Comments/ Status 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 between all buildings and the edge of the fairways, operations, shall observe a minimum greens and tee areas of the golf course, as reflected setback of 100 feet from the edge of the in all plans submitted for Plan Approval. fairways/greens/tee areas of the golf course unless a lesser setback is approved by the On July 29, 2002, the Planning Director granted Planning Drector. WBK plan approval for the construction of certain tee areas which extend into the 100-foot setback If deemed necessary, additional setbacks or area. 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 [he 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 a royal for each of the ro osed 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 regulaz 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 housin im act. 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 Duector 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 under round. SMA 273/ 22 No improvements shall be allowed within Complied No improvements are currently planned within the 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. a lication will be com lied 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 hi accordance with this requirement. Page -9- WB Kultio Resorts, LLC Special Management Area Use Permit No. 273 - (July 29, 1988) 2002 and 2003 Annual Progress Report February 20, 2004 Permitl No. Condition Status Comments/ Status 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 anted b [he Director. Page 0- WB Kukio Resorts, LLC Special Management Area Use Permit No. 311 - (February 15, 1991) 2002 and 2003 Annual Progress Report February 20, 2004 Permit/ No. Condition Status Comments/ Status SMA 311/ 1 Comply with Stated Conditions of On-going WB Kukio (WBK) agrees to comply with all stated Approval. conditions of approval as stated below. SMA 311/ 2 Submit Plans for [he hotel development to Complied Several extensions of time were requested by the the Planning Department. Secure Final prior owner, HRA, and granted by the Planning Plan Approval within eighteen months from Director, thereby extending the date in which to the effective date of the SMA Use Permit. secure Final Plan Approval For the proposed hotel development to July 31, 1995. On May 30, 1995, HRA submitted a request to the County Planning Commission for a further extension of time in which to comply with this condition. At a public hearing on September 14, 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. Subsequent to the issuance of Final Plan Approval for the Beach Club, through bond and agreement with the County of Hawaii dated December 24, 2002, WB Kultio obtained approval to relocate the hotel units to an alternate location north of the Beach Club. SMA 311/ 3 Commence construction within one year On-going Construction of the hotel units is proceeding in a from the date of receipt of Final Plan timely manner in compliance with the Approval and be completed within two requirements of the Plan Approval and the years thereafter. requirements of Condition 3 hotel development a reement with the Coun SMA 311/ 4 Submit Preliminary Subdivision Plans for Complied Preliminary Subdivision Plans for the proposed 43- the single-family residential development lot single-family residential development were within one year from the effective date of submitted to the County Planning Depaztment in this permit January 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 yeaz from the date of receipt of development (Phase I) was received by WBK on Tentative Subdivision Approval. August 11, 2000. Page-11- WB Kukio Resorts, LLC Special Management Area Use Permit No. 311 - (February 15, 1991) 2002 and 2003 Annual Progress Report February 20, 2004 Permit/ No. Condition Status Comments/ Status SMA 311/ 5 All proposed buildings, other than those Complied WBK has observed a minimum setback of 100 feet directly related to the golf course between all buildings and the edge of the fairways, operations, shall observe a minimum greens and tee areas of the golf course, as reflected setback of 100 feet from the edge of the in all plans submitted for Plan Approval. fairways/greens/tee areas of the golf course unless a lesser setback is approved by the On July 29, 2002, the Planning Director granted Planning Director. WBK plan approval for the construction of certain tee areas which extend into the 100-foot setback If deemed necessary, additional setbacks or area. 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 311/ 6 Establish a 100-foot setback area from the Complied WBK has adhered to [he required setbacks though Certified Shoreline in which the a lesser setback, as provided for in Condition No. construction of structures shall be 6, has been approved by the Planning Director for prohibited, unless a lesser setback is a Beach Activity Center and Canoe Hale. The approved by the Planning Director. The 100-foot setback line has been delineated on plans 100-foot setback line shall be delineated on for Plan Approval. plans for Plan Approval and building ermit s). SMA 311/ 7 The minimum 40-foot shoreline setback In process WBK is complying with this condition. No line shall be staked by a registered surveyor structural improvements requiring a Shoreline prior to any land alterations in [he affected Setback Variance aze currently planned within the area. Written confirmation shall be 40-foot setback area. submitted in 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 b the Plannin Commission. SMA 311/ 8 Access [o the project site shall comply with Complied DOT approval of the Constmction Plans for the the requirements of the Stale Department of access improvements was received on August 7, Transportation-Highways Division. Access 2000 (File No. Hwy-PS2.9210) and intersection improvements shall be completed prior to and access related improvements at Queen issuance of a Certificate of Occupancy for Kaahumanu Highway, as approved by DOT, are any portion of the hotel (Beach Club). completed. Page -12- WB Kulcio Resorts, LLC Special Management Area Use Permit No. 311 - (February 15, 1991) 2002 and 2003 Annual Progress Report February 20, 2004 Permit/ No. Condition Status Comments/ Status SMA 3 ] 1/ 9 All roadways within the proposed In process All Construction Plans for the subdivision development shall be constructed in roadways have been reviewed and approved by accordance with the requirements of the DPW as part of the Final Subdivision Approval Department of Public Works (DPW). process. 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 [he development or at such time as required by hotel which is scheduled to occur within the first the DPW and Planning. Curbs, gutters, and quarter of 2005. sidewalks shall be constructed unless alternate resort roadway standards are approved by the Chief Engineer and the Plannin Director. SMA 311/10 A drainage system shall be installed In process Construction Plans for the Kukio drainage system meeting the approval of the Department of have been received and approved by DPW as part Public Works. of the Final Subdivision rocess. 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 Treatment Plant was received in a treatment plant, public or private, meeting letter of July 27, 2000. WBK has constructed 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 astand-by proposed development. The sewage treatment generator to operate the plant in [he event of plant includes a standby diesel power generator to an electrical power outage. operate the plant in the even[ of an electrical power outa e. SMA 311/ 12 Submit an Archaeological Survey and Complied A full Archaeological Reconnaissance Survey and Mitigation Plan [o 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 DLNR, Historic Site Preservation Office (HSPO) for review and approval prior to Tentative was submitted to the Planning Department with the Subdivision Approval and/or prior to any SMA Use Permit application for the infras[mcture, land preparation activity being conducted golf course development, and subdivision at Kukio on [he property. 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 in consultation with the Hawaii Island Burial Council. A Final Si[e Preservation Plan for the Kukio project was also approved by DLNR-HSPO on May 30, 2001. Page -13- WB Kultio Resorts, LLC Special Management Area Use Permit No. 311 - (February 15, 1991) 2002 and 2003 Annual Progress Report February 20, 2004 Permit/ No. Condition Status Comments/ Status SMA 311/ 13 Cease work if unidentified sites or remains On-going On April 5, 2002, workers uncovered human aze encountered. remains within the mauka parcel at Kukio in the course of constructing the entry road to the golf clubhouse. Shortly thereafter, on Apri122, 2002 another inadvertent find of a single portion of a human cranium was discovered by a landscape crew doing work adjacent to the main entry road. Following WBK's established protocols, work in both areas was stopped immediately and protected with construction fencing. WBK's consulting archaeologist, Paul H. Rosendahl, Inc. (PHRI) was notified as was the DLNR-SHPD Burial Site Program. Dr. Rosendahl examined both sites and confirmed both discoveries to be of human skeletal remains and consulted with DLNR-SHPD Burial Site Program to determine the appropriate disposition of the skeletal remains. Kukio also notified members of its Culmral Advisory Group consisting of recognized lineal descendants and met at both sites to solicit their recommendations as to the appropriate treatment of each site. The Planning Department was also notified by PBR HAWAII of both inadvertent Fmds on April 9, 2002 and Apri123, 2002. In conjunction with WBK's Cultural Advisory Group, Dr. Rosendahl prepazed a disposition plan for both inadvertent finds which has been reviewed and approved by DLNR-SHPD Burial Sites Program and Chief Archaeolo ist on Jul 12, 2002. SMA 311/ 14 Submit for review and approval an Complied An Emergency Preparedness and Response Plan Emergency Preparedness and Response was submitted to the Planning Director and Civil Plan 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 -14- WB Kuldo Resorts, LLC Special Management Area Use Permit No. 311 - (February 15, 1991) 2002 and 2003 Annual Progress Report February 20, 2004 Permit/ No. Condition Status Comments/ Status 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 Director, [he Water Quality and Marine Life Life Monitoring & Mitigation Plan Monitoring & Mitigation Plan & Anchialine Pond &Anchialine Pond Management Plan Management Plans were approved with [he (Plans). understanding that [he Plans maybe updated over time to reflect the new monitoring protocols under The Water Quality and Marine Life development by the Task Force on Water Quality Monitoring & Mitigation Plans shall be Monitoring for West Hawaii. Final Plans submitted to and approved by the Planning addressing the proposed protocols were submitted Department prior to issuance of a Grading fur PD approval on October 31, 1991. Permit and/or prior to any land prepazation activity being conducted on [he property. The Plans have been further updated to reflect changes to the overall resort Master Plan, and to better detail [he 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 Departtnent. SMA 311/ 16 A comprehensive public access plan shall Complied WBK is complying with Condition 16 as set forth be submitted for review and approval by the under Condition 13 of SMA Use Permit No. 273. Planning Department, in consultation with WBK received approval of [he Comprehensive the Department of Land and Natural Public Access Plan on August 9, 2000. All public Resources, prior to submittal of plans for access related improvements, as delineated in the plan approval or subdivision approval, approved Plan, have been completed and are open whichever comes fast. The comprehensive to the public. public access plan shall include, but not be limited to, the delineation of a minimum of two mauka-makai public accesses; lateral shoreline access along the length of the property; location, time of construction and/or availability of public accesses and parking/drop-off aeeas; restrictions on use; signage and related improvements. Resttoom/showet facilities shall be provided at the two mauka-makai public accesses. A minimum of one public shoreline parking stall for every ten hotel and residential units shall be provided concurrently with the construction of the units. The unit count shall include that portion of the resort development mauka of the Queen Kaahumanu Highway as required by Ordinance No. 88-158 and SMA Use Permit No. 273. An approved easement shall be recorded with the State Bureau of Conveyances for the public accesses and parking areas. SMA 311/ 18 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 and run off during construction. practices utilized Burin construction. Pagc 5- WB Kulcio Resorts, LLC Special Management Area Use Permit No. 311 - (February 15, 1991) 2002 and 2003 Annual Progress Report February 20, 2004 Permit/ No. Condition Status Comments/ Status SMA 311/ 19 All utility lines shall be underground On-going In compliance with Condition 19 all utility lines have been laced under ound. SMA 311/ 20 Submit for review and approval a Complied A Construction Housing Mitigation Plan pertaining Construction Housing Mitigation Plan to to the hotel (Beach Club) was prepared and the Planning Department prior to Final Plan submitted by WBK [o the Planning Department approval for each of [he proposed hotels. and approved on August 9, 2000. The Plan shall include a regular reporting schedule to allow the Planning Department to monitor the construction housing impact. SMA 311/ 21 An employee housing assessment and Complied Condition 21 pertaining to the emyioyee housing mitigation plan shall be submitted for requirements for the resort hotel has been review and approval by the Planning addressed as part of the overall resort Affordable Department in consultation with the Office Housing Program. The requirements for employee of Housing and Community Development housing have been satisfied through the payment (OHCD) prior to Final Plan Approval. of an in-lieu fee [o OHCD. Confirmation of receipt of the in-lieu payments and satisfaction of Condition 21 is noted in the April 13, 2000 letter from OHCD and the August 9, 20001etter from the Plannin Director, re ectivel . SMA 311/ 22 Develop and submit for review and Complied A Job Training Program addressing the operational approval a Job Training Program for the phase of the hotel was prepared and submitted to operating phase of the hotels to the the Planning Department for review and approval. Planning Department prior to receipt of Approval of the Job Training Program was Final Plan approval for each of the confirmed in an August 9, 2000 letter from the proposed hotels. Planning Director. Pirge -16- WB Kukio Resorts, LLC Special Management Area Use Permit No. 311 - (February 15, 1991) 2002 and 2003 Annual Progress Report February 20,2004 Permit/ No. Condition Status Comments/ Status SMA 311/ 23 Applicant shall make the best possible use On-going WBK will make use of available cost effective of available cost effective energy savings energy saving technology in the design of the technology in the design of the resort 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 On-going In a letter submitted to the Planning Director dated will be incorporated based on both life October 23, 2001, WBK described some of the cycle cost analysis and the architecture of measures [hat have been incorporated as part of the the resort. project in meeting the requirements of Condition 23. In the design of the project facilities, WBK has incorporated [he 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; • Use of waste heat recovery in combination with central cooling facilities; and • The encouragement of solar water heating and energy conscience design in residential structures. SMA 311/ 24 Comply with all affected conditions On-going WBK is in compliance with all other permits and imposed by the Slate Land Use ordinances as detailed in the attached reports. Commission, 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, re lations and re uirements. re ulations and re uirements. SMA 311/ 26 Provide Annual Progress Reports. In process This report is being submitted in meeting the re ortin re uirements of Condition 26. SMA 311/ 27 Acknowledges [hat a Time Extension for On-going WBK acknowledges [hat a Time Extension for compliance with the Conditions of compliance with [he Conditions of Approval may A royal ma be ranted. be ranted by the Director. Page -17-