HomeMy WebLinkAboutCOM 0390.000 2006-2008 t •
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t-Aarry &-6tn l:hristopher 3. Yuen
Mayor _ Director
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+.E ;~•N;« Brad Kurokawa, ASLA
LEED®AP
~IIix~#tt Of ~tTfU2ITT Deputy Director
PLANNING DEPARTMENT
101 Pauahi Street, Suite 3 Hilo, Hawaii 96720-3043
(808) 961-8288 • FAX (808) 961-8742
April 20, 2007
.
Ms. Rose M. Agbayani
PBR Hawaii
Hilo Lagoon Center, Suite 310
101 Aupuni Street
Hilo HI 96720
Dear Ms. Agbayani:
Annual Progress Report
Change of Zone Ordinance No. 99-42 (REZ 926)
Applicant: WB KD Acquisition, LLC (formerly Kaupulehu Developments)
Tax Map Key: 7-2-31:1- 31 ; 7-2-32:1-12 (formerly 7-2-3:11
This is to acknowledge receipt of your annual progress report dated April 12, 2007 in
compliance with Condition AA of Change of Zone Ordinance No. 99-42 (REZ 926).
We appreciate the thoroughness of the report. After reviewing our files, we are
requesting the following information be submitted for our files:
1. Condition K: Department of Water Supply approval letter.
2. Condition N: Copy of the Department of Transportation approval letter
dated December 10, 2004.
3. Condition O: Department of Public Works approval letter.
By copy of this letter, we are forwarding your report to the Hawaii County Council and
the Planning Commission for their information. If you have any questions, please feel
Free to contact Jeff Darrow at 961-8288, ext 259.
Sincerely,
CHRISTOPHER J EN
Planning Director
JWD: smn
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Ref. To:
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Hawaii County is an Equal Opportunity Provider and Employer.
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&ASSOCIATES, INC.
Apri112, 2007
W FRANK BRANDY, FASLA
Chairman
Mr. Christopher J. Yuen, Director
THOMAS S. WITTEN. ASLA Planning Department
President
County of Hawaii
R. STAN DUNCAN. ASLA 101 Pauahi Street, Sulte 3
Executive lace-President Hilo, HI 96720
RUSSELL Y. CHUNG, FASLA
Executive Yice-President SUBJECT: ANNUAL PROGRESS REPORT
VINCENT SHIGEKUNI PROJECT DISTRICT ORDINANCE 99-42 (ORD 99-42); CONDITION AA
Vice-President OWNEIt/DEVELOPER: WB KD ACQUISITION, LLC
GRANTT.MURAKAMI,AICP DEVELOPMENT: KAUPULEHU, LOT 4-A SUBDIVISION
Principat KA'UPULEHU, NORTH KONA, HAWAII
TOMSCHNELL,AICP TAX MAP KEY: (3) 7-2-31:01 - 31; 7-2-32:01 - 12 (FORMERLY 7-2-03:01
Senior Associate PORTION)
RAYMOND T. HIGA, ASLA
Senior Associate Dear Mr. Yuen:
KEV IN K. NISHIKAWA, ASLA
Associate In meeting the requirements of the subject Project District Ordinance related to the
subject development, the following is being submitted on behalf of WB KD Acquisition,
KIMIMIKAMIYUEN,LEED•AP LLC (WB KD), as their Annual Progress Report for 2007 on the status of development
Associate
and compliance with the corresponding conditions of approval for the period covering
scoTT ALIKA ABRICO January 2006 to March 2007.
Associate
SCOTTMURAKAMI,ASLA In meeting the requirements of Condition AA of ORD 99-42, the following is being
Associate
submitted on behalf of WB KD Acquisition, LLC (WB KD), as their Annual Progress
Report on the status of development for the Kaupulehu Lot 4-A Subdivision and
compliance with the conditions of approval.
Status of Development
The approximately 876.6-acre Lot 4-A parcel is a portion of a larger 2,180-acre parcel
HONOLULU OFFICE owned by Kamehameha Schools, that is located makai of Queen Kaahumanu Highway
1001 Bishop Street
ASB Tower, Suite 650 between the existing Hualalai Resort development and Kona Village Resort to the
Honolulu, HawaYi 96813-3484
Tet: (sosi szl-s631 southwest and the State owned Pu'u wa'awa'a ahupua'a to the north east. The
Fax: (808)523-1402
E-mom sysadmio@Pbrhawaticom development of Ka'upulehu Lot 4-A is planned for two main increments, each of which
may be developed in one or more phases. Increment 1 is located at the makai portion of
HILO OFFICE the Queen Kaahumanu Highway along the coastline, and is planned for development of
107 Aupuni Street
Hilo Lagoon Center, Suite 310 approximately 80 single-family residential lots and related infrastructure, in two phases.
Hilo, Hawal'i 96720-4262 Increment 1, Phase 1 will consist of 38 single-family residential lots, 10 bulk lots for
Tel: (808) 9613333
Fax: (sos) 961-49x9 further development and related infrastructure improvements. Increment 1, Phase 2
will consist of 42 single-family residential lots, a Members Beach Club, Interpretive
WAILUxuorFlcE Center and ublic access im rovements to and alon the shoreline. Increment II will
1787 Wili Pa Loop, Suite4 I' Il g
Wailuku, xawa'fi 96793-1v1 include development of golf, residential and commercial uses and related infrastructure
Tel: (808) 242-2878
at the mauka portion of the Increment 1 development.
- o2~4oz
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~.-,.~T~. riioo cvviu nni AACNTAI CTnnIFS ~ ENTITLEMENTS / PERMITTING ~ GRAPHIC DESIGN
~ Mr. Christopher J. Yuen, Director
~:~1''}r,~ r~ P'il`JI • L C.,aZ,~S ~:il°vRT; r'RvJ:. I v, ~<1C.T i1:DliVl~i\TC? ~3 4~ (ORiU -
? LL.,. 1 V JA L~L\V
42); CONDITION AA; OWNER/DEVELOPER: WB KD ACQUISITION, LLC; DEVELOPMENT:
KAUPULEHU, LOT 4-A SUBDIVISION; KA'UPULEHU, NORTH KONA, HAWAII; TAX MAP
KEY: (3) 7-2-31:01- 31; 7-2-32:01 -12 (FORMERLY 7-2-03:01 PORTION)
Apri112, 2007
Paget
In meeting the requirements of the County Project District Ordinance (ORD 99-42) for Lot 4-A,'a
Project District Site Plan for the proposed 80 unit residential subdivision in Increment 1 was
approved by the Planning Director on July 2, 2003. Following approval of the Project District'
Site Plan, WB KD received Final Subdivision Approval for the Increment 1, Phase 1
development consisting of 38 single-family residential lots and 10 bulk lots. Subsequently, Final
Subdivision Approval for the next phase of development, Increment 1, Phase 2, Consisting of the
remaining 42 lots was granted on November 22, 2006 (Exhibit 1). However, on February 7,
2007, WBKD submitted a revised final plat map to reflect a change to the lot line boundary
between Lot 44 and Lot 46 and the relocation of Easements 13 and 17. Approval of the revised
plat map was granted on February 12, 2007 (Exhibit 2). Currently, WB KD's• planning--and
engineering design work is completed for Increment 1 subdivision and grading ,and
infrastructure development continue9 within Increment I. WB KD continues to coordinate all
infrastructure development and coordination with Kamehameha Schools, Kaupulehu Makai
Venture dba Hualalai Development Company, I<a'upulehu Developments and Kona Village.
Regarding compliance with the conditions of the subject Project District Ordinance, WB KD
offers the following:
Compliance with Conditions of Approval for Project District Ordinance No. 99-42
Condition A: The applicant, successors or assigns shall be responsible for complying with
all of the stated conditions of approval.
Response: The development will comply with the conditions of approval as
set forth below for Project District Ordinance 99-42 (ORD 99-42).
Condition B: The project area shall be called the Kaupulehu Project District (KPD). The
development period for the KPD will be 20 years from the effective date of
Project District Ordinance No. 99-42.
Response: WB ICD has initiated its planning and development for the ICPD
and expects that development will be completed within the 20 year
development period.
Condition C: The KPD shall consist of nod more than 1,078.634 acres with 869.698 acres for
Residential, golf course and ancillary related development; 197.936 acres for
the "Urban' Coastal Plamiing Area and 11 acres for Commercial
development. Any amendment to these acreages shall require an
amendment to the KPD Ordinance.
Response: No amendments to the acreage of the Project District is proposed
or planned.
• Mr. Christopher J. Yuen, Director
SUBJECT:.^.NNUAL PR':,GREEE LPC' T; 'R~JEC3 ~1SdR1CT ~,RDINANCE 99 42 ~
'RD 99-.
42); CONDITION AA; OWNER/DEVELOPER: WB KD ACQUISITION, LLC; DEVELOPMENT:
KAUPULEHU, LOT 4-A SUBDIVISION; KA'UPULEHU, NORTH KONA, HAWAII; TAX MAP
KEY: (3) 7-2-31:01 - 31; 7-2-32:01 - 12 (FORMERLY 7-2-03:01 PORTION)
April 12, 2007
Page 3
Condition D: The maximum number of units to be allowed within the KPD shall be 1,030
units. Any increase in the number of units shall require an amendment to the
KPD Ordinance.
Response: No increase in the number of units is being proposed. In fact, the
approved Site Plan for the Lot 4-A, Increment 1 development area reflects a
total of 80 single
family residential units, 38 units of which are represented
within the Phase 1 development and the remaining 42 units within Phase 2.
The proposed development includes no hotels or timeshare units.
Condition E: There shall be no residential, commercial, or similar type developments in
the Coastal Planning Area other than those specified in the Integrated
Resources Management Plan (IRMP). The Coastal Planning Area shall be
described by metes and bounds, and the restrictions shall be specified in the
covenant(s) in the property deed. A copy of the metes & bounds, and
proposed covenant(s) to be recorded with the Bureau of Conveyances shall
be submitted to the Planning Director for review and approval prior to the
issuance of Final Subdivision Approval or Final Plan Approval or land
alteration activities, whichever occurs first. A copy of the approved
covenant(s) shall be recited in an instrument executed by the applicant and
the County and recorded with the Bureau of Conveyances prior to the
issuance of Final Subdivision Approval or Final Plan Approval or land
alteration activities, whichever occurs first.
Response: As reflected in the approved Detailed Site Plan on file with the
Planning Deparhnent for the proposed Lot 4-A, Increment 1 development, no
residential, commercial, or similar type developments, other than those
specified in the Integrated Resources Management Plan (IRMP)and uses
allowed by the Project District Ordinance 99-42, are planned within the
Coastal Planning area. A Declaration of Coastal Planning Area which
included the map, metes and bounds description of the Coastal Planning
Area, and restrictive covenants were submitted and recorded with the Bureau
of Conveyances (Doc No.2004-228042) on November 10, 2004.
Condition F: The applicant shall disclose to all potential buyers of lots or units within the
proposed project that internal infrastructure and community facilities shall be
developed and maintained privately and that the County is not obligated to
construct any public facilities within the project area.
Response: The developer will make the appropriate disclosures, as required
by Condition F, to all potential buyers through its sales documents.
~ Mr. Christopher J. Yuen, Director
q DT_!' . ~ GT JiJr ('D vv ?~E wr T -`-.m '-.TC TTi'~'T h
~U~~E.,T:.~1Idi1U.~.. Ju..E ~.T,. J~>_. ~~~~...~.:~1~DIP~I~.t~S ~ a~~ ~
42); CONDITION AA; OWNER/DEVELOPER: WB KD ACQUISITION, LLC; DEVELOPMENT:
KAUPULEHU, LOT 4-A SUBDIVISION; KA'UPULEHU, NORTH KONA, HAWAII; TAX MAP
KEY: (3) 7-2-31:01 - 31; 7-2-32:01 -12 (FORMERLY 7-2-03:01 PORTION)
Apri112, 2007
Page 4
Condition G: The permitted uses outlined in Condition G of Project District Ordinance No.
99-42 and as defined in Chapter 25 (Zoning Code) Ordinance No. 96-160 are
to be allowed in the KPD within the 869.698 acres for Residential, golf course
and ancillary related development and the 11 acres for Commercial
development.
Response: The proposed development, as reflected in the Detailed Site Plan
and Preliminary Subdivision (Subdivision 7571), and Increment 1, Phases 1
and 2 Subdivision (Subdivision 7891) is in conformance with the allowable
uses of the Project District.
Condition H: The following design standards shall apply:
1. Landscaping for the development shall comply with the Planning
Department's Rule No. 17, Landscaping Requirements.
2. The minimum buIlding site area shall be 7,500 square feet which may
include flag lots.
3. The maximum allowable height limit for Single Family Residential
units shall be thirty-five feet.
4. The maximum allowable height limit for Multiple Family Residential
and Commercial developments shall be 45 feet.
5. The minimum average lot widths shall be determined by the
applicant in conjunction with its development plans.
6. The minimum yards in the KPD shall be as follows:
a. Residential Development
(1) Front and reaz yards, fifteen feet; and
(2) Side yards, eight feet.
b. Commercial Development.
(1) Front and rear yards, fifteen feet; and
(2) Side yards, none, except where the adjoining building site
is a residential development site, when the side yard
adjoins the side yard of a residential development site,
there shall be a minimum side yard of eight feet.
7. Exceptions to the regulations for the Project district regarding
heights, building site areas, and yards, may be approved by the
Director within the planned unit development, or cluster plan
development.
Response: All plans for the Kaupulehu Lot 4-A project will conform
to the design standards set forth in Condition H or as otherwise
approved by the Director through a planned unit or cluster plan
development approval.
~ Mr. Christopher T Yuen, Director
;~UBjLCT: An~fi'1U.1L 1'i~:iGR.`i;~ fii.l t~iZ nii~r L ~ vi J'.I~:.T JRDIP`1t1NCE ~9-42 (ORD
42); CONDITION AA; OWNER/DEVELOPER: WB KD ACQUISITION, LLC; DEVELOPMENT:
KAUPULEHU, LOT 4-A SUBDIVISION; KA'UPULEHU, NORTH KONA, HAWAII; TAX MAP
KEY: (3) 7-2-31:01 - 31; 7-2-32:01 -12 (FORMERLY 7-2-03:01 PORTION)
Apri112, 2007
Pages
8. The minimum off-street parking and loading space requirements for
the KPD will comply with the minimum standards as required by the
Zoning Code, including compliance with the American Disabilities
Act (ADA) requirements.
Response: The Kaupulehu Lot 4-A project will comply with the
minimum standards of the Zoning Code including compliance with
ADA requirements.
Condition I: Final Subdivision or Final Plan Approval, whichever is applicable, shall be
secured from the Planning Director for any of the above uses prior to the
issuance of any land alteration permits for any development phase in the
KPD.
Response: As noted above, a Detailed Site Plan for Increment 1 for the
proposed 80 unit residential subdivision was submitted and approved by the
Director, thereby meeting the requirements of Section 26-6-46 of the Hawaii
County Code concerning the review and approval of Project District Site
Plans, as well as requirements for Plan Approval within Condition L On
December 30, 2004, WB KD received Final Subdivision approval (Subdivision
No. 7891 for Increment 1, Phase 1 development (38 estate lots and 10 bulk
lots}. Subsequently, Final Subdivision Approval for the next phase of
development, Increment 1, Phase 2 consisting of the remaining 42 lots was
granted on November 22, 2006. However, on February 7, 2007, WBKD
submitted a revised final plat map to reflect a change to the lot line
boundary between Lot 44 and Lot 46 and the relocation of Easements 13 and
17. Approval of the revised plat map was granted on February 12, 2007.
Condition J: Construction of the residential units, commercial development, golf course
and other related improvements shaft commerce only after Final Subdivision
Approval and Final Plan Approval has been secured.
Response: The Detailed Site Plan for the Kaupulehu Lot 4-A, Increment 1
development has been approved by the Director. Subsequent subdivision and
grading plans submitted to the Department are consistent with the approved
Site Plan, though some minor adjustment to the roadway alignments are
expected to respond to site constraints and design and engineering
considerations.
Condition K: The applicant shall provide assurance to the Department of Water Supply
and the Planning Director, upon consultation with the State Department of
Health and Department of Land and Natural Resources, that water sources of
Mr. Christopher J. Yuen, Director
~IJuJECT: AN1diJAL PROGRE°a`'> REPORT, F'kJJE~T DI,TRIC t :~P.Di1`i/~1V( i9-4G LORD 9'~-
42); CONDITION AA; OWNER/DEVELOPER: WB KD ACQUISITION, LLC; DEVELOPMENT:
KAUPULEHU, LOT 4-A SUBDNISION; KA'UPULEHU, NORTH KONA, HAWAII; TAX MAP
KEY: (3) 7-2-31:01 - 31; 7-2-32:01 -12 (FORMERLY 7-2-03:01 PORTION)
Apri112, 2007
Page 6
sufficient quality and quantity has been established. Such satisfactory
assurance can be met by the actual drilling and testing of a well site of the
water source or by the submittal of a hydrological study certifying that water
sources of sufficient quality and quantity can be established at the designated
locations.
Response: WB KD will comply with Condition K The proposed water
system infrastructure is an extension of Public Water System 163
Ka'upulehu. In meeting the requirement of the foregoing condition, the
Public Water System 163 Ka'upulehu, a public utility, provides water service
to the individually owned development areas within the Hualalai Resort
The "Water Resource Management Plan for Hualalai Resort, Increment II,
Ka'upulehu, North Kona, Hawaii, July 2000" was approved by the
Department of Water Supply on August 3, 2000. An updated "Water
Resource Management Plan for Public Water System 163 Ka'upulehu",
prepared by Belt Collins Hawaii, Ltd., dated May 2004, re-analyzes the
water system based on the as-built conditions for portions of the water
system within the Hualalai Resort Upper Service Zone and the Ka'upulehu
Lot 4-A development. A copy of the updated report has been submitted to
the Department of Water Supply on June 1, 2004 (Exhibit 3) for its review.
The water system will remain privately owned and operated and will not be
dedicated to the County.
Condition L: Upon compliance with Condition K, the actual development of the water
source and its water transmission and distribution system shall be developed
in conjunction with the subdivision approval process. Final inspection to the
residential structures shall not be issued until the approved water source is
developed and its transmission and distribution system for such source to the
subject property has been constructed. Residential building permits may be
issued for model home complexes; provided that such model homes will not
be occupied until the approved water source is developed.
Response: The actual water transmission and distribution system for the
Kaupulehu Lot 4-A project will be developed as part of the subdivision
process.
Condition M: The interior roadway requirements for the KPD shall be designed to resort
standards as allowed by the Subdivision Code and as represented in Section
3.3.1 of the applicant's Project District Application.
Response: WB KD will comply with Condition M.
Mr. Christopher J. Yuen, Director
~UBJECT: ANNU.~`.L "'RC°°CRES. FcEr~~ T R:;JECT L~~;RICT ORDII'•J.-;T1CE ^>'~-42 (ORD 99-
42); CONDITION AA; OWNER/DEVELOPER: WB KD ACQUISITION, LLC; DEVELOPMENT:
KAUPULEHU, LOT 4-A SUBDIVISION; KA'UPULEHU, NORTH KONA, HAWAII; TAX MAP
KEY: (3) 7-2-31:01- 31; 7-2-32:01-12 (FORMERLY 7-2-03:01 PORTION)
Apri112, 2007
Page 7
Condition N: Access (es) to the project site shall meet with the approval of the Department
of Transportation-Highways Division and Public Works as follows:
1. If warranted, a fully channelized intersection improvements,
including but not limited to traffic lights and/or an overpass or
underpass, shall be provided meeting with the approval of the
Department of Transportation prior to initial occupancy of residential
units gaining access from the respective intersection. The cost of such
improvements shall be borne by the applicant to the extent of the
project's projected traffic impacts and may be credited to or deducted
from the applicant's fair share contribution for road and traffic
improvements, as required under Condition W.
2. A traffic monitoring program at the intersection of Queen
Kaahumanu Highway shall be submitted to and approved by the
State Department of Transportation, Highways Division, prior to
receiving final plan approval for any portion of the proposed
development. If additional intersection improvements such as a fully
channelized intersection with acceleration/deceleration lanes, an
underpass, or overpass, are required as determined by the findings of
subsequent monitoring and analysis, the applicant shall provide the
improvements to the extent of the project's projected traffic impacts in
conformance with the requirements of the State Department of
Transportation, Highways Division.
Response: A Traffic Monitoring Program for the proposed
intersection with Queen Kaahumanu Highway has been reviewed and
approved by the State DOT on December 10, 2004 which is also on file
at the Planning Department.
3. All internal roadways within the proposed development shall be
constructed in accordance with the Resort Standards or other
applicable provisions of the Zoning Code and the Subdivision Code.
4. A roadway connection to the adjacent property along the
southwestern boundary shall be provided meeting with the approval
of the Department of Public Works.
5. No lots shall have direct access from the Queen Kaahumanu Highway
except through an access point approved by the State Department of
Transportation.
Response: All highway access related improvements are being coordinated
with the Department of Transportation (DOT) and plans for the project
i
Mr. Christopher J. Yuen, Director
SUBJECT: ? IVDIUAL PROGRESS REPORT, 1 PO;EC'T DiSTIZ;CT ORD1NAi~~CE 99-42 (ORD 99-
42); CONDITION AA; OWNER/DEVELOPER: WB KD ACQUISITION, LLC; DEVELOPMENT:
KAUPULEHU, LOT 4-A SUBDNISION; KA'UPULEHU, NORTH KONA, HAWAII; TAX MAP
KEY: (3) 7-2-31:01 - 31; 7-2-32:01 -12 (FORMERLY 7-2-03:01 PORTION)
Apri112, 2007
Page 8
related roadways will be reviewed and approved by the State DOT or
County Department of Public Works, as appropriate.
Condition O: A detailed drainage study shall be prepared and submitted for review and
approval to the Department of Public Works prior to submittal of plans for
Subdivision and/or Plan Approval review of the residential, commercial, and
golf course subdivisions. The Study shall take into consideration the file
drainage system, retention basins and "reduce turf" design to be
incorporated into the golf courses. A drainage system for each phase of
development in the project area shall be installed meeting with the approval
of the Department of Public Works, prior to issuance of Final Subdivision
Approval, a Certificate of Occupancy or golf course opening, whichever
occurs first.
Response: A Drainage Report for Kaupulehu Lot 4-A-Phase 1: Phase 1
Subdivision Improvements, Phase 2 Mass Grading Improvements by Belt
Collins Hawaii, Ltd. dated May 2004 was submitted to the Deparhnent of
Public Works on June 1, 2004 (Exhibit 3). The roadway and utility
infrastructures will be privately owned and operated, and will not be
dedicated to the County.
Condition P: An Emergency Preparedness and Response Plan shall be submitted for
review by Planning Department in consultation with the Fire Department
and the Civil Defense Agency prior to the issuance of a Certificate of
Occupancy for any residential unit. The plan shall be limited to a review of
the emergency roadway network and emergency contact people or
association.
Response: In compliance with Condition P, on July 23, 2004 an Emergency
Preparedness and Response Plan was submitted for review to the Planning
Department in consultation with the Fire Department and the Civil Defense
Agency.
Condition Q: A Solid Waste Management Plan shall be prepared meeting with the
approval of the Department of Public Works prior to submitting plans for
subdivision approval. Approved recommendations and mitigation measures
shall be implemented in a manner meeting with the approval of the
Department of Public Works.
Response: In compliance with Condition Q, "A Solid Waste Management
Plan for the Hualalaf Resort Phase II Development" conforming to the goals
and objectives of the Integrated Solid Waste Management Act has been
Mr. Christopher J, Yuen, Director
:SUBJECT: AiVi~TZJAL l'R:GRE~S REPORT'; i RiijEi~ ~ ;~IST'RICT GRDINAi`dCE H9-42 (ORu 9y-
42); CONDITION AA; OWNER/DEVELOPER: WB KD ACQUISITION, LLC; DEVELOPMENT:
KAUPULEHU, LOT 4-A SUBDNISION; KA'UPULEHU, NORTH KONA, HAWAII; TAX MAP
KEY: (3) 7-2-31:01 - 31; 7-2-32:01 -12 (FORMERLY 7-2-03:01 PORTION)
Apri112, 2007
Page 9
reviewed and approved by the County Department of Public Works, Solid
Waste Management Division (currently under the Department of
Environmental Management). The Plan covers Lot 4-A which is located
within the Increment II Expansion area. In a letter dated December 28, 2000,
the Department of Public Works, Solid Waste Management Division
acknowledged conditional approval of the Plan based on follow-up
implementation plans for the recycling proposals. By letter dated May 1,
2001, WB KD confirmed that it will implement the recommendations and
mitigation measures.
A supplemental "Solid Waste Management Plan for Ka'upulehu Lot 4-A,
Phase 1 prepared by Belt Collins dated May, 2004 was approved by the
Department of Enviromnental Management on July 6, 2004 (on file at the
Planning Department).
Condition R: A wastewater treatment system shall be constructed to service the residential
and commercial development meeting with the approval of the Department
of Health.
Response: WB KD will comply with Condition R. Wastewater
infrastructure improvements include gravity sewers, one (1) sewage pumping
station and one (1) sewage lift station, and associated sewage force mains.
All plans for wastewater transmission and approval will be reviewed and
approved by the DOH and County Department of Public Works.
Condition S: A final comprehensive public access plan, to be developed in consultation
with community groups and in accordance with applicable conditions of
approval of the LUC Docket No. A93-701, shall be submitted to the Planning
Director and shall include mauka-makai lateral shoreline accesses,
description of trail width and surfacing, parking area(s), signage, emergency
response considerations, restricrions on use (if any), provision for recreational
and restroom facilities at appropriate locations, and related improvements.
Implementation of the public access plan shall be completed with the
opening of the golf course.
Response: On September 29, 2004 a Comprehensive Public Access Plan was
approved by the Planning Department. Construction of the public access
related improvements shall be completed with the opening of the golf course.
Condition T: To ensure that the goals and policies of the Housing Element of the General
Plan are implemented, the applicant shall comply with the requirements of
Chapter 11, Arficle 1, Hawaii County Code, relating to Affordable Housing.
? Mr. Christopher J. Yuen, Director
SUBJECT: f.NNUAL t ROGP,ESS REi=vRI; 1'7~OJc.CI ui~;:'RIC1' iJRDiNA1VC'E 99-42 (tURD 9y-
42); CONDITION AA; OWNER/DEVELOPER: WB KD ACQUISITION, LLC; DEVELOPMENT:
KAUPULEHU, LOT 4-A SUBDIVISION; KA'UPULEHU, NORTH KONA, HAWAII; TAX MAP
KEY: (3) 7-2-31:01 - 31; 7-2-32:01-12 (FORMERLY 7-2-03:01 PORTION)
Apri112, 2007
Page 10
This requirement shall be approved by the County Housing Agency prior to
Final Subdivision Approval of any portion of the residential area.
Response: In compliance with Condition T, the Hawaii County Housing
Agency has approved Resolution No. 138 on July 7, 2004 (on file at the
Planning Deparhnent). WB KD has entered into an Agreement (Exhibit 4)
with the County of Hawaii to develop eight (8) finished lots or affordable
units, either for rent or for sale, at prices that meet the affordable housing
guidelines, on site or within a thirty (30) mile distance of the property.
Condition U: The Integrated Resources Management Plan dated June 1998 or any
amendments approved thereafter by affected agencies shall be made a part of
this ordinance as Appendix A. The implementation recommendations and
management guidelines shall govern the use of the Coastal Planning Area
and other resources.
Response: WB KD will comply with Condition U.
Condition V: Should any unidentified sites or remains such as artifacts, shell, bone, or
charcoal deposits, human burials, rock or coral alignments, pavings or walls
be encountered, work in the immediate area shall cease and the State
Department of Land Natural Resources-Historic Preservation Division
(DLNR-HPD) and the Hawaii Island Burial Council, if applicable, shall be
immediately notified. Subsequent work shall proceed upon an
archaeological clearance from the DLNR-HPD and/or the Burial Council
when it is found that sufficient mitigative measures have been taken.
Response: WB KD will comply with Condition K.
Condition W: The applicant shall make its fair share contribution to mitigate potential
regional impacts of the project with respect to roads, parks and recreation,
fire, police and solid waste disposal facilities. The total amount of the fair
share contribution shall be increased or reduced in proportion with the actual
number of units according to the calculafion and payment provision set forth
and allocated as described under Condition W of this Project District
Ordinance.
Response: A fair-share contribution from WB KD was submitted to the
Planning Department on September 23, 2004 and October 1, 2004 in the
amounts of $579,132.80 and $13,493.60, respectively, for a total of
$592,626.40. A letter dated October 7, 2004 from the Planning Department
~ Mr. Christopher J. Yuen, Director
SUBJECT:.'.Ni IiJ~':L PROvP.ES~ E GIST; F' RUjECT i~;iRICT ORDitJAI~1CE 99-42 (OitD
42); CONDITION AA; OWNER/DEVELOPER: WB KD ACQUISITION, LLC; DEVELOPMENT:
KAUPULEHU, LOT 4-A SUBDIVISION; KA'UPULEHU, NORTH KONA, HAWAII; TAX MAP
KEY: (3) 7-2-31:01- 31; 7-2-32:01 -12 (FORMERLY 7-2-03:01 PORTION)
Apri112, 2007
Page 11
acknowledges receipt of both payments and the developer's compliance with
the fair-share contribution as delineated in Condition W.
Condition X: Should the Council adopt a Unified Impact Fee Ordinance setting forth
criteria for imposition of exactions or the assessment of impact fees,
conditions included herein shall be credited towards the requirements of the
Unified Impact Fee Ordinance.
Response: Should the Council adopt a Unified Fees Ordinance, the
development will comply with the Condition as set forth above.
Condition Y: Comply with all other applicable laws, rules, regulations and requirements of
affected agencies for approval of the proposed development within the
subject property.
Response: YVB KD will continue to comply with all applicable laws, rules,
regulations, and requirements of the affected agencies.
Condition Z: The applicant shall comply with all other applicable requirements of the
Land Use Commission conditions of approval and a copy of the written
documentation of compliance with these conditions shall also be submitted
to the Planning Director.
Response: LVB KD is in compliance with the conditions of the Land Use
Commission conditions of approval and an Annual Report on the status of
development and compliance with the Conditions of Approval will be
submitted as a separate document to the State Land Use Commission, a copy
of which was submitted to the Planning Department for its files on
December 12, 2006 (Exhibit 5) by Carlsmith Ball.
Condition AA: An annual progress report shall be submitted to the Planning Duector prior
to each anniversary date of the approval of this Project District Ordinance.
The report shall address in detail the status of the development, the number
of units constructed, and the compliance with the conditions of approval of
both this ordinance and the State Land Use Commission conditions. This
condition shall remain in effect until all of the conditions of approval have
been complied with and the Director acknowledges that further reports are
not required.
Response: This Annual Progress Report is being submitted in compliance
with Condition AA. An Annual Progress Report addressing the status of
development, the number of units constructed and compliance with the
• Mr. Christopher J. Yuen, Director
SUBJECT: ANNU.^L PROC,RESS REI~~',P.T; PRt;JE~: I~T?I~T ORDII 1AI~1CE 9~-"=2 IORD 99-
42); CONDITION AA; OWNER/DEVELOPER: WB KD ACQUISITION, LLC; DEVELOPMENT:
KAUPULEHU, LOT 4-A SUBDIVISION; KA'UPULEHU, NORTH KONA, HAWAII; TAX MAP
KEY: (3) 7-2-31:01- 31; 7-2-32:01 -12 (FORMERLY 7-2-03:01 PORTION)
Apri112, 2007
Page 12
conditions of approval of both this Ordinance and Land Use Commission
Decision and Order (Docket No. A93-701) conditions will be submitted to the
Planning Director until the Director acknowledges that further reports are
not required. A copy of the recent annual report was submitted to the LUC
by Carismith Ball on December 12, 2006 (Exhibit 5).
Condition BB: Twenty (20) years from the effective date of the KPD Ordinance, the
applicant shall submit an overall status report of the project, including the
percentage of the completed development. The Planning Duector shall also
provide an assessment of the development of the Project District and its
compliance with the conditions of approval for transmittal to the Planning
Commission for their review and recommendation and then forwarded to the
County Council for their review and action.
Response: The development will comply with Condition BB as set forth
above.
Condition CC: Should any of the conditions not be met or substantially complied within a
timely fashion, the Director may initiate rezoning of the subject area to its
original or more appropriate designation.
Response: As noted above, WB KD has made best efforts to meet all the
conditions of ORD 99-42.
I trust the above fully addresses the status of development and compliance with the conditions
of approval, however, should you have any questions or require further information, please do
not hesitate to contact Ms. Christine Bean of WB KD at 325-4102.
Sincerely,
PBR HAWAII
ROSE M. AGBAYANI
Office Manager/Planner - o Office
cc w/: R. Mori (WB KD)
C. Bean (WB KD)
E. Divita (Discovery Land Co.)
S. Lim (Carismith Ball)
T. Witten (PBR Hawaii -Honolulu Office)
F~HII~IT 1
~~:.w ~ .
Harry Kim Christopher,l. Yaen
Mayor Dincror
:'~y,•a.,; > Brad Kurokawa, ASLA
LEED®AP
~rLIIixix#~ IIf ~ttfnuii Deyuy Dfrccror
PLANNING DEPARTMENT
101 Pauehi Street, Suite 3 • Hilo, Hawaii 967204043
(809)961-8288 FNr(808)961-8742
November 22, 2006
Steven S. C. Lim, Esq.
Cadsmith Ball, LLP
A Limited Liability Law Partnership
121 Waianuenue Avenue
Hilo, HI 96720
Dear Mr. Lim:
FINAL SUBDMSIONAPPROVAL NO.SUB-05.000066
SUBDNISIDN AGREEMENT AND BOND
SUBDNIDERS: KAUPULEHU DEVELOPMENTSI
WB KD Acqulsitlon, LLC, et al.
"Kaupulehu Lot 4•A, Increment 1, Phase 2"
Proposed Subdivision of Lots 39 through 42 Inclusive,
Being Portions of Kaupulehu Lot 4-A (County SUB 7891),
Into Lots 1 through 42, Inclusive and Road Lots R-i 8 R-2
Kaupulehu, North Kona, Island of Hawaii, Hawaii
TMK: 7-2-003:Portion 001
Please be informed that final subdivision approval for recordation is hereby granted to the final plat map
dated July 19, 2006, as attached herewith inasmuch as the surety documents to complete construction of
improvements within the subdivision have met the approval of all the listed officers.
You and the subdividers may wish to consult a surveyor for the preparation of the necessary legal
documents and description of the certified final plat map for the purpose of recordation with the State of
Hawaii, Bureau of Conveyances.
Hawaii Counry is an Equal Opportuniry Provider and Employee
4A
Steven S. C. Lim, Esq. I'I
Cadsmith Ball, LLP ~
Page 2
November 22, 2006
Copies of the certified final plat map and surety documents are enclosed.
Sincerely,
C S HER J. YUEN
Planning Director
ETC:Inm
P.tp6tlSUBDMpoawnenLdSub~006~11SUB05000066KSUWIsnuDeuwBlmAoquBiSmFSA.ea
Erns: 2 CeNfied FPM
Copy of Subdivision Agreement and Bond No. SU 5021138 ($2,955,100.00) I
xc: Manager, DWS
Director, DPW
District Environmental Health Program Chief, DOH
Distict Engineer, DOT
DPW-ENG-KONA
PLNG-KONA w/Certified FPM
Real Property Tax Division-Kona w/Certifed FPM
Tax Maps and Records Supervisor I w/Certified FPM
County Treasurer w/Original SutxJivision Agreement and Bond No. SU 5021138 ($2,955,100.00) i
Kaupulehu Devebpments/W8 KD Acquisflion, LLC
Kamehameha Schools (Kona)
Belt Collins Hawaii, Ltd.
PBR HAWAII-Hib Office
SUB 7891; REZ 926; SMA 389
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LEEDO AP
Deputy Dln;ttor
(~auxF#g of ~rzfuttii
PLANNING DEPARTMENT
101 Pauahi Street, Suite 3 • Hito, Hawaii 96720-3043
(808) 961-8288 FAX (80fl) 961-8742
February 12, 2007
Rose M. Agbayani
Office ManagerlPlanner-Hilo Office
PBR Hawaii & Associates, Inc.
Hilo Lagoon Center, Suite 310
101 Aupuni Street
Hilo, HI 96720-4262
Dear Ms. Agbayani:
REVISED FINAL PLAT MAP
SUBDMDERS: KAUPULEHU DEVELOPMENTS!
WB KD Acquisition, LLC, et al.
"Kaupulehu lot 4•A, Increment 1, Phase 2 Subdivision"
Subdivision of Lots 39, 40, 41, 42, 44, 46 and 47,
Of Kaupulehu Lot 4-A, Increment 1 Subdivision (File Plan 2393),
Into Lots 1 through 47, Inclusive and Road Lots R-1 & R•2,
And Designation of Easements 1 to 22, Inclusive
Kaupulehu, North Kona, Island of Hawaii, Hawaii
TMK• 7 2 003•Portion 001 (Final Subdivision Aaaroval No. SUB•05.0000661
This is to acknowledge receipt of twelve (12) copies of the revised final plat map dated February 2, 2007,
for the referenced subdivision application.
Please be advised that we have certified the revised final plat map of which four (4) are enclosed. Copies
of the revised final plat map have been circulated to the listed officers for their files.
Hawaii County is nn Equal Opportunity Provider and Employee
®~r Electrical Pu uses affecting ~~t
°o~° Electrical Purposes affecting Lot i"1
~or Electrical Purposes affecting Lot i4
~or Electrical Purposes affecting Lot 3i
=or Electrical Purposes affecting Lot 33
~stees of the Estate of Bernice Pauahi Bishop .
7 South King Street, Suite 200
nolulu, Hawaii 96813
/SUBDIVIDER: WB KD Aquisitions. LLC
0. Box 5349
ilua, Kona, Hawaii 96745 - ~ ~Y~~~-S- r~
_,_:F:
NING: KAUPULEHU PROJECT DISTRICT
is ~ was prepared by and under the direct supervision of the
dersigned between ,Ally fi, 2006 and January 22, 2007 and say be checked
the State Surveyor with sy Calculation Folder Mnber 2003-33-0701.
tg Street BELT COLLINS HAWAII LTD .
tii seals m owN. s
°z UWD SURVEYSR ~ n
107 * 41~ * Licensed Professional n Surveyor
Certificate NuoDer 4389 fexD res 4130/08)
y9h'A 1 i. Jay,.
SUBDIVISION NUMBER Y~WWVWt+~+ ~G~~+"
APPRGVED FOR RECORDATION with tF.e Bureau of
Ca~veyances, Slate of Haven
PI ning Dire or, Coun~l
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&ASSOCIATES, [NC.
February 7, 2007
W. FRANK BRAND'f, FASLA
Chnimran
7TIOMA55. WIiTEN. ASLA Mc Christopher J. Yuen
Prevdenr planning Department
0.5TAN DUNCAN,ASLA County of Hawaii
F......a:y~ 1 Ol Pauahi Street, Suite 3
aussrur.rcHUNC,FASU Hilo, HI 96720
Fieturiro Yuo-Praidsnr
ATTN: DARYN ARAI
VINCT.NTSHIGEKUNI
YmPraidw
SUBJECT: REVISED FINAL PLAT MAP (SUB 20050066)
GMNT T. MVRAKAMI.AIC-P KAUPULEHU LOT 4-A, IIVCREMENT 1, PHASE 2
P'~"i°°t APPLICANT: KAUPULEHUDEVELOPMENTS/
TOM SCH.NELI,AICP WB KD ACQUISI7TON, LLC (WB KDA)
saniorAarotioa KAUPULEBU, NORTH KONA, ISLAND OF HAWAH, HAWAH
RArMONDIHI0A,A5LA TMKf: (3)7-2-10:23, 24, AND 25; 7-2-32:09,10,11, AND 12
SeniarASSaclate
IQVINKNISHIKAWMASLA ~~.Ynen.
Auoctnte
KUIIAUKAAn rI1FN, LFEU'AP 00 bChalf of Kanpulehu Developments and WB KD Acquisition, LLC (WB KDA), enclosed for
Aawlare YET approval are twelve (12) copies of the Revised Final Plat Map (File Plan) dated Fcbmary 2,
2007 for the Kaupulehu Lot 4-A, Increment 1, Phase 2 Subdivision. The Final Plat Map that was
SCOTTALIKAABRIGO initially approved by }roar Department on November 22, 2006 has been revised to reflect a
`u'°"`r` change to the lot line boundary between Lot 44 and Lot 46 and the relocation of Easements 13
SCOTTMIIRAKAMI,ASIA and 17.
Axrociote
Per my discussions with Datyn Arai, this revised plat map is being submitted to replace our
previous submittal dated January 30, 2007 and for recertification so as to take the place of the plat
map currently awaiting approval Gom the State Bureau of Conveyanus. Thus, we would
appreciate it if you could review and approve the attached subjeq plat map in an expeditious
manner.
HONOLULU OFflCE
laol BE,1„Rw.w Additionally, we have also enclosed a diskette containing the enclosed revised final plat map as
Ass Towe¢suite 6w an AutoCAD .dwg fde.
Honolulu, Hawarl %8133084
Tek 1808)581-5611
Fax:Ie033 sx3-L902 Should you have any questions regarding this submittal, please do not hesitate to contact myself
E-naB: ,ysadmin~pbrhawau.oom
(961-3333) or Mt. Randy Mori of WB KDA (325-4006).
mLO oFncr
101 AOpuni SVeet Sincerely
Hi1a Ugoon Center, Suite 310
/tib, H.weiI B6T16a26x PBR HAWAII
Tek 1808)%I-3333 ^ ~ya(~
Fa.:18081 %1w9B9 t(,L/f{`/~,~ I v . rR- A
WAn1aN OFTICE { ~K
1;87 wiu PS Loop. snRea ROSE M. AGBAY
WaBukµ Hawaii %7931x71
r
k 16oe1 xax-x37e Office ManagerlPlanner - Hi o Office
Attachments.
PLANNING - LANDSCAPE ARCHITECTURE ENVIRONMENTAL STUDIES ~ ENTITL EN ENTS I PERMITTING - G0.A PHIC DESIGN 11
- - EXH191T ~
IJ- (J
JUN.Q 3 X004
BeltCollms &c.~ ic. e. "
June 7, 2004
' 2003.33.0707104E-304
Mr. Kiten Emder
Department of Public Works
Englneerirrg DMsbn
75.6708 Kuakini Highway, Suite 709
Kailas-Kona, Hawaii 98740 '
Dear Mr. F~rrler:
Kaupulehu Lot 4A Increment 1:
Phase 1 SubtlhAsion Improvemerts
Phase 2 Mass Gradtrrg Improvements
TMK: 7
2-03: 01 (portion ofl
Kauoulehu North Kona. Newell
We are providng engineering desjgn services for the proposed Kaupulehu Lot 4A Increment 1,
located just "noM of Kona Vii and Hualalai Resort. The construction package consists of ,
Phase 1 sirbdivisbnlmprovements and the Phase 2 mass gredrng improvements. B~aT
Mont xeap
Utltty infrastnXdure and access Improvements are provided for the first 38 of 8D single-family kris.
satlsfying fire cdnditlons of tentative subdivision approval. The remaining single-family kris will be
mass graded at this time and are to remain as bulk k>1S. ,
The roadway and utlltly Infrastructure systems Will be privately owned and operated, and will not l78
dedicated to the County.
Enclosed for your review are three (3) sets of construction plans, two (2) copies of the at&ti4~"gea
3. and one (t) copy of dte geotechniral report prepared for the project M you have any
ques8ons or require additional information, please contact our otTices. Thank you.
Very truly yours,
_ ~ BELT COLLINS HAWAII LTD.
oh C.H..Chung,P~ E, .U
fs JCHC:aca
` ErtrJpsure
cclenc: kti?sF2agtiy~tori;.WB KD Acquisitions, LLC
is
8¢IltdGm HnwX Ltd
Y133 qoM wn8 SVeBI, Suite 290 . Honolulu. Hawau~96819 l/Sp .
' TIBOB 52t 5151 . F/BOB 616 7019 . twroWluQballcdXns.eem , wawAeucoBhs.mm ~
. p.nfM,W UMYMin f..l.iYnOM,I~nIA FY~I.TI^'
1
EXH161T 4
AGREEMENT FOR ASSIGNMENT
OF AFFORDABLE HOUSING CREDITS
AGREEMENT ("Agreement'? dated September I5, 2006, by and between SEASCAPE
DEVELOPMENT, LLC. a Hawaii limited liability company, having a mailing address of Post
OfRce Box 2808, Kailas-Kona, Hawaii 96745 ("Ballet'?, and WB KD Acquisition, LLC, a Hawaiian
Limited Liability Company, having a mailing address of PO Box 5349, Kailas-Kona, HI, 96745
("Buyer").
RECITALS:
WHEREAS, Seller, in conneMion with Seller's development of that certain real property
designated on the tax maps of the Third Taxation Division, State of Hawaii, es Tax Map Key (3) 7-
3-010:051, has entered en agreement with the County of Hawaii ("County) pursuant to Chapter I I,
Article 1, of the Hawaii County Code to create certain "affordable housing credits" (the "Credits")
which Seller, or its permitted successors and assigns, may use to satisfy affordable housing
requirements imposed by the County; and
WHEREAS, Buyer is the fee simple owner of thaz certain real property designated on the tan
maps of the Third Taxation Division, State of Hawaii, as Tax Map Key {3}7-2-010:023,024 and (3)
7-2-032:009,010,011,012:, situate in the District of North Kona, County and Slate of Hawaii (1M
"Subject Property"); end . ,
WHEREAS, Buyer wishes to acquire from;Seller Eight (8) Credits in connection with
Buyer's development of tiro Subject Property; ~ .
AGREEMENT•
NOW, THEREFORE, IT IS HEREBY AGREED as follows:
1. Subject to the consent ofthe County as set forth below, Seller shall assign and cause
the due and lawful transferof Eight (8) Credits to the Buyer far the price of_X_Dollars
per Credit, or a total purchase price of X ("Pttrohase Price").
EXH{Btu D
2. The Purchase Price will be paid to the Seller as follows:
A. Initial Deposit. Upon the execution of this Agreement by Seller and Buyer,
Buyer shall pay an initial deposit of _X (S-) to Seller, which deposit shall, except as
otherwise provided in [his Agreement, be applied toward the Purchase Price az "Closing" (as defined
in Paragraph 10 below).
B. Balance of the Purchase Price. The balance of the Purchase Price after the
initial deposit described in Paragraph 2A above shall be paid to Seller, in cash, at Cosing.
C. Refund of Detwsit. In the event this Agreement is terminated as provided in
this Agreement, Sclkr shalt refund the initial deposit to the Buyer within five (5) business days of
the termination date.
3. Buyer is fully aware that this Agreement is for the Credits only and that Buyer shall
be liable for any and all other cosu or charges imposed by any person or entity with respect to the
Credits or their use in connection with the development of the Subject Property.
4. Buyer acknowledges that neither Seller nor any agent, attorney, employee or
representative of Seller has made or will make any representation or warranty regarding the Credits,
including, without limiting the generality of the foregoing, representations or warranties as to the
suitability of the Crediu for Buyer's intended use or for any use wha[soever.
5. This Agreement shall be binding upon and inure to the benefit of Buyer and Seller
and their respective successors and assigns.
6. This Agrcement shall be governed by and construed in accordance with the laws of
the State of Hawaii.
7. This Agreement contains the entire agreement of the parties hereto concerning the
subject matter hereof, and this Agreement supersedes and cancels all other agreements and
understandings (whether oral or written) heretofore or contemporaneously herewith made by the
parties. ~ ~
g. NeitherthisAgreement,noranyprovisionhercof,maybemodified,altered,amended
or changed except by another written instrument executed by the parties hereto and consented to by
the County.
2
w
9. Notwithstanding any other teen or provision of this Agreement, Seller and Buyer
agree that the obligations and liabilities ofthe parties hereunder an; conditioned upon the approval
of the County to the assignment of the Credits to Buyer. In the event the County (e) does not
approve the assignment of the Credits to Buyer 67uthe 15 day of October, 2006, then, the Buyer may
terminate this Agreement end Seller shall reNm the initial deposit to Buyer as provided in Paragraph
2.C above.
~ 10. Within forty-five (45) days of the initial deposit as rcfercnced in Paragraph 2.A
above, the Seller shall assign the Credits to Buyer by an appropriate document of conveyance and i
Buyer shall pay the balance of the Purchase Price to Seller as provided in Paragraph 2 above
(collectively, the "Closing'. If Buyer fails to pay the balance ofthe Ptuchax Price ro Sellet on or
before the the xheduled Closing, then, in addition to any other right or remedy Seller may have on
account of Buyer's default, Seller shall have the right to terminate this Agreement upon written
notice to Buyer and retain the initial deposit as liquidated damages.
THE REST OF THIS PAGE IS WTENTIONALLY LEFT BLANK
~ SIGNATURE PAGIg.FOLLOWS
4):
3'
b:
i
i
~ IN WITNESS WHEREOF, Seller and Buyer have executed this Agreement on the
~ day and year first above written.
SEASCAPE DEVELOPMENT, LLC, a Hawaii
~ limited liability company
By wESTPRO HOLDINGS, LLC, a Hawaii
limited liability company
~ lts Manager ~Jf''//~~
i3y R6 LQL.
~rint Name: ALAN DICKLER
Print Title: Manager
"Seller'
WD ICB ACQUISITION, LLC,
a Hawai/ia~n Limited Liability Company
By l/ ~ f at~~fsb,~fi
Print e• Sca-t+ OSbar-
Print Title: V t to Pf~;sL t~rh
i °Euyer•'
ved and cknow ed theTronster 8 f K 7 to: (3}
7-2.010:023,024 and (3) 7-2-032:009,010,011,012:
S~
County Of Hawaii '
Office of Housing and Community Development
By ~.G--
Fdwin airs, Director
Date: ~~~/~c-
i
i
4
` k
FRNi~IT ~
CARLSMITH BALL LLP
A LIMf1ED LIABILnY LAW PAR7NER6HIP
121 WAUNUENUE AVENVE
P.0.6ox 686
lino, FIAWAII 96721-0686
7EI.EPHONE 808.935.6644 FAx 808.935.7975
W W W.CARLSb1rrH.COM
SLIMlCARLSMITH.COM OUR REFERENCE NQ:
056930.11
December 12, 2006 ,
Anthony J. H. Ching
Executive Director
Land Use Commission
P.O. Box 2359
Honolulu, Hawaii 96814
Re: LUC Docket Nos. A81-524 and A93-701
Annual Report by WB KD Acquisition, LLC -Lot 4-A
Tax Map Key No. (3) 7-2-10:22 through and including 27;
(3) 7-2-31:01 through and including 31, (3) 7-2-32:01 through and including 12
Formerly (3) 7-2-03• portion of Ol (Lot 4-A)
Deaz Mr. Ching:
Jn compliance with the Decision and Order filed August ] 2, 1982, in State Land
Use Commission ("LUC" or "Commission") Docket No. A81-524, and the Findings of Fact,
Conclusions of Law, and Decision and Order filed October I8, 2001, in LUC Docket No. A93-
701, WB KD Acquisition, LLC (hereinafter "WB KD") submits its 2005-2006 annual report for
the above-referenced property, referred to herein after as the "Property" or "Lot 4-A," discussing
compliance with the substantive conditions of approval, listing in order the govemmeotal
"Condition" and WB KD's "Response." Enclosed please find an original and two copies of the
aforementioned report. As indicated in our 2003-2004 annual report, Hualalai Investors, LLC
(the successor-in-interest to former Petitioner Kaupulehu Makai Venture) will file with the
Commission sepazate annual reports for Lot 4-B.
Status of Development of Lot 4-A
The development of Lot 4-A is in substantial compliance with the representations
made before the Commission. As planned, the development of the Property will be in two
increments ("Increment I" and "Increment II"), each of which may be developed in one or more
phases, to include a total buildout of approximately 450 to 580 residential units divided between
single-family estate lots and multiple-family units, depending upon mazket conditions.
Increment I is located at the west/makai portion of the Property along the coastline and is being
developed for 80 single-family residential lots, Interpretive Center and related infrastructure.
HONOLULU ~ KAPoLEI ~ HILO ~ KDNA MAUI ~ GUAM SAIPAN ~ LOS ANGELES
Anthony J. H. Ching
December 12, 2006
Page 2
Increment II is located at the easUmauka portion of the Property, and will include development
of approximately 500 single-family and multiple-family residential units, an 18-hole golf course
and clubhouse, commercial /retail uses and related infrastructure.
Increment I consists of two phases: Increment 1, Phase 1 consists of 38 single-
familyresidential 1ots,10 bulk lots for further development, and related infrastructure
improvements. Increment I, Phase 2 consists of 42 single-family residential lots, a Members
Beach Club, Interpretive Center, and public access improvements to and along the shoreline.
Per the requirements of the County of Hawaii caning for the Property in the
Project District Ordinance (Ordinance No. 99-42), a Project District Site Plan for the proposed
801ot residential subdivision in Increment I was approved by the Planning Director on July 2,
2003. The Project District Site Plan incorporates the relevant conditions of LUC Docket No.
A93-701 relating to the protection and preservation of the valued traditional and customary
native Hawaiian rights at the Petition Area in Docket No. A93-701.
WB KD received Final Subdivision Approval on December 30, 2004, for the 38
market lots of the Increment I, Phase 1 development. On November 22, 2006, Final Subdivision
Approval was granted for the next phase of development in Increment I, Phase 2 consisting of 42
market lots. (See Ezhibif A). Currently, WB KD's planning and engineering design work is
completed, and grading and ittfrasttvcture development continues within Increment I. WB KD
continues to coordinate all infrastructure development in coordination with the fee owner
Kamehameha Schools and the adjacent resort project developers Hualalal Investors, LLC
(Hualalal Resort), Kaupulehu Developments (Lot 4-C), Kona BB Property, LLC (Kona Village),
and Hualalal Investors II, LLC (formerly PIA-Kona Limited Partnership).
Please accept this annual report on behalf of WB KD for the Lot 4-A portion of
the Petition Area in Docket No. A93-701. Regarding compliance with the conditions of the
subject Docket approvals, WB KD offers the following:
DOCKET NO A81 524• COMPLIANCE WITH CONDITIONS OF APPROVAL
Although the 65-acre azea of LUC Docket No. A81-524 is located within the Increment I
planning area and was initially proposed for development of hotel condominiums, the
Commission's 2001 Decision and Order in LUC Docket No. A93-701, and the July 2, 2003
Project District Site Plan approved by the County of Hawaii converted most of the 65-acre azea
into preservation, education and stewardship areas within Coastal Planning Area A, which is
designated for preservation of salt gathering, coastal trails, coastal view and archaeological sites,
subject to requirements which prohibit any ground disturbing activities within the area except for
pedestrian paths or other public access improvements.
Condition A. Petitioner shall provide housing opportunities for employees of the Kooa Village
Resort and/or dotal to be constructed on the subject "Area B" in any one or
combination of the following manners prior to assigning or trausterring (except
byway of mortgage or assignment as security) its interest in the subject
properties:
Anthony J. H. Ching
December 12, 2006
Page 3
1. To construct, either oo Area B or on other Urban land to be acquired by the
Petitioner, a number of residential noib for sale or rental to employees of the
Kona Village Resort andlor the hotel to be constructed on Area B at the prices
ar rentals affordable by said employees, and of a size standard equivalent to
Federal Honaing Administration Mioimam Property Standards, equal to ten
percent (]0%) o[the number of condominium apartmenb or hotel rooms to be
conatrocted oo Area B; or
2. To pay to the Hawaii Housing Authority or County of Hawao, for use in a
honsing assistance Cuud or for the benefit of employees of the Kona Village
Resort and/or the hotel to be conatruMed oo Area B, or bw and moderate
income residents of the State otlfawaii, a sum determined by the Hawaii
Honsiog Authority or County of Hawaii to be equal to the cosb of acquiring
land for, developing and constructing a number of residential uoib equal to ten
percent (10%) of the number of condominium apartments or hotel rooms to be
constructed on Area B.
Response: WB KD is not proposing any developmem of "condominium
apartments or hotel rooms" within the 65-acre Urban District reclassified in
Docket No. Ag1-524. WB KD is proposing to use this 65 acres primarily for
the preservation, cultural and recreational uses proposed for Coastal Planning
Area A, as adopted by the Commission in its 2001 reclassification of the
surrounding lands in Docket No. A93-701. Therefore, the affordable housing
and employee housing requirements of Condition A are inapplicable.
Condition B. Petitioner shall provide access from Queen Kaahumsou Highway to the
shoreline, for pnblic recreational purpose along the entire length of shoreline
owned, leased or controlled by Petitioner and ib successors, and assigns, the
location and form of said easements to be approved and accepted by the County
of Hawaii.
Response: The Comprehensive Public Access Plan for the azea was approved
by the County of Hawaii on September 29, 2004. Construction of the initial
phase of public access related improvements will be completed in conjunction
with the Increment I improvements, with the remaining improvements
completed in conjunction with the opening of the golf course in Increment II.
DOCKET NO A93-701 (October ig 2001 Decision and Order): COMPLIANCE WTTH
CONDITIONS OF APPROVAL
Ka'uoulehu Development Monitorine Committee ("KDMC"1
Condition la. Petitioner shall initially establish and annually provide reasonable operating
and capital expenditure costs through revenues from the Project and
assessments, a Ka'apuleha Development Monitoring Committee (I~MC)
composed of: (1) a person of native Hawaiian ancestry who b knowledgeable
regarding the type of caltnral resources and practices within the Petition Area,
~ ~
Anthony H. Ching
December 12, 2006
Page 4
as selected by the Land Use Commission from a list of three names submitted by
each of the parties based oa review of their resumes and a formal interview
process; sod (2) a management member knowledgeable regarding the type of
cultural resources sod practices withia the Petition Area, as selected by
Petitiocer aad landowner. The individuals making ap the KDMC shat! operate
on an equal vote basis. In the event that the indivduals making op the ItDMC
cannot agree on a specific decision, they shall jointly select a third person to
break the tie.
Response: This condition has been satisfied. Hannah Kihilani Springer was
selected to be the native Hawaiian representative on the KDMC pursuant to
the Decision and Order Approving Selection of Native Hawaiian Committee
Member to the Ka'upulehu Development Monitoring Committce dated May
13, 2002. Leinaala Lightner was selected as the Petitionet's/landowners
appointee to the KDMC. Pursuant to the 2002 Operational Plan for the
KDMC, these KDMC members shall serve for 5-year terms, which will expire
on April 9, 2007.
Condition Ib. Petitioner's ICDMC Operational Plan is approved, with the following
amendments providing that i) The budget of the KDMC shall be developed by
the KDMC, and the Petitioner shall be given an opportunity to review the
budget. I[ there Is sny diapnte between the KDMC aad Petitioner with respect
to the eompositlon of the budget, including adequate staff for the KDMC to
carry out its function, the matter shall be ssbroitted to the Laud Use
Commission for fb final approval within 120 days; u) The two 1taMG members
shall serve for a period of five years. Subsequent terms shall be determined by
the Land Use Commission. Any successor to the native Hawaiian member of the
10)MC shall require the approval of the Land Use Commission.
Response: This condition has been satisfied. The foregoing condition was
amended by Decision and Order Approving Petitioner's Ka'upulehu
Development Monitoring Committee Operational Plan filed with the
Commission on May 13, 2002. KDMC's Hannah Kihilani Springer and
Leinaala Lightner's terms will expire on Apri19, 2007. Funding of the KDMC
operations has been established and approved by KDMC and the Petitioner.
Condition lc. The KDMC shall jointly decide on an equal vote basis monitoring and dispute
resolution decisions related to the protection of native Hawaiian practitioners'
exercise of customary and troditioosl preMices and rights as described above;
the availability of natural and cultural resources for present and future
generations; and appropriate access io the subject area to the extent that these
rights are protected by PASH vs. Hawaii County Planning Commission, 79
Haw. 425, (1995, in perpetuity. Io the event that the two person KDMC caaoot
agree on a specific decision, they sball jointly select a tbird person to break the
tie. A certified description of sny action requiring selection of a third member of
the KDMC shall be filed with the Land Use Commission.
Anthony J. H. Ching
December 12, 2006
Page 5
Response: This condition has been satisfied. KDMC has: (1) investigated
and monitored the availability of natural and cultural resources for present and
future generations, (2) monitored appropriate public access for the exercise of
traditional and customary native Hawaiian gathering rights, (3) continues to
monitor any dispute resolution decisions, and (4) will continue to make
recommendations relating to the maintenance and/or preservation of
traditional and customary native Hawaiian practices and cultural resources as
provided in the KDMC Operational Plan dated May 13, 2002.
Condition ld. The 1mMC shall monitor the quality ottee salt gathering reonrce and the
effectiveness of Petitioner's actions to provide aaeas to and/or preserve snd
maintain traditional sod customary native Hawaiian practice sod cnkural
resource. The IZDMC shall provide recommendations consistent with this
decision and order to the I,aod Use Commission wkh repect to maintenance
and/or preervation of those traditional and coatoroary Dative Hawaian
practices and cultural resource.
Response: This condition has been satisfied. The Salt Pan Monitoring Plan
(May 23, 2000) prepared by Marine Research Consultants, and updated by
Environmental Assessment, LLC (Apri126, 2004) was approved by the
Department of Health on January 11, 2005. (Exhibit B).
Condition le. The 1mMC shall provide reports oo an annual basin describing items snd issues
covered in their deliberations and any other findings and recommendations.
Response: This condition has been satisfied. The KDMC filed its 2004-2005
annual report with the Commission on July 11, 2005.
Resource Maoaeeroent Ares
Condition 2a. Petitioner shall establish a 23Sscre resource management area to roaiotsio,
protect, and preserve the exercise of traditional and customary practices and
cultural resource within the Petition Area consistent with this decision and
order. Petitioner shall establish ao annual budget for maintaining the resource
management area including the costs for administration, infrastructure, capital
costs, security and educational personnel to be approved by the I~MC.
Excluding the approximately 37.064acre archaeological preserve, which will be
retained in the Conservation District, the resource management area shall
encompass approximately 198 acre.
Response: This condition has been satisfied. The Ka'upulehu Integrated
Resources Management Plan "IRMP" was prepazed by Belt Collins Hawaii,
Ltd. on June 17, 1998, and the IRMP was established on January 28, 2002.
The annual budget and funding of the resource management azea activities has
been agreed upon by KDMC and the Petitioner.
V
Anthony J. H. Ching
December 12> 2006
Page 6
Conditiou 26. The resource management area shall contain five sabzoues. The degneatioo of
the five subzones shall be based upon the resources and activities wkhin each
respective snbzone and the management and preservation measures to be
employed wkb regard to those resources as set forth in the decision and order.
All five subzones will be linked by a public access way consisting of portions of
the historic coastal trail sod new pedestrian paths. Petitioner shall provide a
metes and bonnds map and description of the boundaries of each ottee five
snbzooea to the Land Use Commission within six months of the ixioance of this
decision and order.
Response: This condition has been satisfied. The metes and bounds map and
description of the boundaries of each of the five subzones were submitted to
the Commission on November 14, 2002, and recorded with the Bureau of
Conveyances of the State of Hawaii on November 10, 2004 as Document No.
2004-228042.
Conditfoa 2c. Subzone A shall be designated for preservation of salt gathering, the coastal
trail, rnastal views, sod archaeological sites. Petitioner shall prohibit soy
ground-0isturbiog activity within the subzoae except for pedestrum paths or
other public access improvemeob that may be required by the State or Coaoty.
Public access will be provided to awl within this Subzone over ibe shoreline,
historic coastal trail, and other on site pedestrian pathways.
Response: This condition has been satisfied.
Conditiou 2d. Subzone B shag be divided into three components, Bl, BZ, and B3. Subzone Bl
shall iuclnde epproximatdy 30 acres, and will be designated as sa activity-
oriented area as it shah the State Wilderness Preserve and will provide a
centrally loaned area for public access parking. Subzone "B2" shall include
approximately 15 acres grid traverse the coastal edge of the 1800-18011evs Ilow
over s distance of approximately 3,900 feet along the coast and at least 100 feet
inland from the certified shoreline; and in some instances 300 feet. It will
preserve the coastal trail and the shoreline resources. Subzone "B3"sbsll
include approximately 49 acres surrounding Kona Village Resort, and will,
provide s buffer to reduce visual and other impacts to the Koua VBtsge Resort.
This buffer area will be restricted to open space uses such as golf rourse and
related improvements, landscaping, iutrastroMUre, existing heliport, and other
uses which may be acceptable to Kooa Village Resort.
Response: This condition has been satisfied.
Condition 2e. Subzone "C" shag consist of approximately 37 acres just inland of Kona Village
Resort and will be ao archaeological preserve for 38 archaeological sites
containing 191 separate features, as identified in the archaeological inventory
level survey conducted by Paul H. Rosendahl, Inc. Improvements in this
Subzone will be limited to interpretive signage and trail maintenance.
Response: This condition has been satisfied.
I
Anthony J. H. Ching
December 12, 2006
Page 7
Condition 3a. Petitioner sball preserve and proteM the gathering snd access rights of native
Hawaiians by providing appropriate access to the salt gathering resource at
]f;alaematto and fund adequate security and meiotenaece to maintain trails and
salt gathering areas in accordance with traditional and customary native
Hawaiian practices located within Subzone A as decided and monitored by the
KDMC.
Response: This condition has been satisfied. The provisions of this condition
aze included and addressed in the IRMP and funding of the maintenance
within the resource management area has been agreed upon by KDMC and the
Petitioner.
Condition 3b. Petitioner aha0 preserve and proteM the gathering for cukoral purposes
ioclading religious practice by providing appropriate access to burial sites and
other archaeological sites within the Petition Ara consistent with this decision
and order. Petitioner shall adhere to prevailing and/or published protocols of
the Hawsi'f County Burial Council and/or State Historic Preservation Division
where these sites are found to exist a monitored by the KDMC.
Response: This condition has been satisfied. in meeting the requirements of
this condition, access to burial sites has been addressed in the Burial
Treatment Plan approved by the Hawaii Island Burial Council at its meeting
on August 15, 2002, and by the SHPD-Burial Sites program by letter dated
August 19, 2002. Access to preserved archaeological sites will be addressed
by the Archaeological Preservation Plan.
Cooditioa 3c. Pale worship shall be allowed to continue however, it shall not be farther
allowed in the portion of the 1800-1801 Hoalalai lava flow to be developed.
There is no reference in the record to s specific site on the flow that has been
ntiliud for such worship. Therefore, the Lsod Use Commission is not
designating a specific site. However, if the KDMC should identify a specific site
in the course of their monitoring of Petitioner's eftorb to maintain sad/or
preserve traditional native Hawaiian cultural resources, it shall forward its
recommendation to the Land Use Commission for its approval that such site be
designated for Pele worship.
Response: This condition has been satisfied.
Condition 3d. Petitioner shall initiate and food s near shore water quality monitoring
program. The parameters o[ the monitoring program shall be approved by the
State Department of Halth (DOI~. Petitioner shall provide regular reports to
the Laod Uu Commission and the ItDMC as to the findings of this water
quality monitoring program.
Response: This condition has been satisfied. Copies of the reports prepazed
by Richazd Brock, Ph.D. of Environmental Assessment Co., entitled "Baseline
Water Quality Monitoring Report in Support of the Development at Ka Lae
I h
Anthony J. H. Ching
December 12, 2006
Page 8
Mann, North Kona," dated December 2004, and "Quantitative Assessment of
the Marine Communities Fronting the Ka Lae Mano Development-April
2005," dated September 2005, were submitted to the Department of Health,
Clean Water Branch on October 23, 2005 for review and approval. Copies of
these reports, and quarterly and annual monitoring reports, have been
submitted to the Commission.
Condition 4. Petitioner shall to the extent feasible inveotorynon-renewable resources such u
Pele's Tean fonnd at the makai edge of the 1800-1801 Hualalai lava flow krcated
in Sobzonea A, 732, snd B3. The KDMC shall review this foventory and
recommend to the Land Use Commission methods to preserve, protect, exhibit,
or provide appropriate access to any such resource in ib six-month plan for the
Land Use Commission's approval.
Response: This condition has been satisfied.
Condition S. Petitioner shall provide appropriate access to the ahore8ue of the Petition Area
to preserve and protect access rights of native Hswaitsw and the general public
to Knpe'e shells that may be fonnd along the shoreline u monitored by the
KDMC.
Response: This condition has been satisfied. The Comprehensive Public
Access Plan was approved by the County of Hawaii on September 29, 2004.
Condition ta. At a minimum, to preserve sod protect mauks and makai view planes and the
shoreline as a site for spiritual roeditatioa aad educational practices, Petitioner
shall cause to be established a setback zone of 75 feet from the certified aboreline
within which there shall be no improvements of any kind other thaw
improvements which may be reasonably necessary for pnrposes of public safety,
and where the property will be left in ifs natural state; provided tbat certain golf
holes may be allowed within that setback subject to mutual agreement between
Petitioner, the Department of Land asd Natural Resources, and the Office of
Planning.
Response: This condition has been satisfied. By letter dated July 2, 2003, the
Planning Departrnent issued WB KD'S Site Plan Approval for the Project
District Site Plan - Ka'upulehu Lot 4-A, Increment I (dated April 15, 2003),
which established a setback zone of 75 feet from the certified shoreline where
no improvements of any kind other than improvements which may be
reasonably necessary for purposes of public safety. A copy of the Project
District Site Plan is on file with the Conunission.
Condition 6b. At a minimum, to preserve and protect mauka and makai view planes and the
shoreline as a site for spiritual meditation and educational practices, Petitioner
shall prohibit any residential development or vertical improvements, other than
landscaping and improvements allowed by County ordinance or variance, to be
constructed or erected within I50 feet of the certified shoreline.
Anthony J. H. Ching
December 12, 2006
Page 9
Response: This condition has been satisfied. The July 2, 2003, Planning
Department approval of WB KD's Site Plan Approval for the Project District
Site Plan - Ka'upulehu Lot 4-A, Increment I, included restrictions against
residential development or vertical improvements (other than landscaping and
improvements as allowed by Cotmty ordinance or variance) to be wnstrocted
or erected within ] 50 feet of the certified shoreline. A copy of the Project
District Site Plan is on file with the Commission.
In addition, the Planning Department by letter dated May 10, 2005 raised no
objections to the Petitioner's Ka'upulehu Residential Design Guidelines
(Section 2.10), which prohibit any residential development of vertical
improvements, other than landscaping and improvements allowed by County
ordinance or variance, to be constructed or erected within the 150 foot setback
and Subzone B-2 boundary. (See Exhibit C).
Arhhaeological Resoarca
Condition 7a. The proposed mitigation commitments for all identified sites with burials must
be submitted to the State Historic Preservation Division i Hawai'i Island Burial
Connell for a vote on the mitigatiou proposals. Once a decision is made by the
Council, then the mitgaton wmmitmenh for those sites will he finalized. A
burial treatment plan for the mitigation trestroent for thou sites must then be
approved by the State Historic Preservation Division, in consultation with their
Hawaii Island Burial Conncil, and a certified copy of said plan shall be fikd
with the LUC prior to any land alteration in the vicinity of these sites as
monitored by the KDMC. Mitigation commitment shall be monitored by the
KDMC.
Response: This condition has been satisfied. The Burial Treatment Plan was
approved by the Hawaii Island Burial Council at its meeting on August 15,
2002, and mitigation treatment for those sites was approved by SHPD-Burial
Sites Program by letter dated August 19, 2002. A certified copy of the Burial
Treatment Plan, PHRI Memorandum 2092-051203, and August 15, 2002,
SHPD's approval letter have been submitted to the Commission Current
mitigation measures are being monitored by KDMC and Kupuna.
Condition 76. For all sites approved by the State Historic Preservation Division (SHPD) to
undergo archaeological data recovery, an archaeological data recovery plea
(scope of work) mast be prepared by Petitioner. This plan must be approved Dy
the SHPD and a certified copy of said plan shall be filed with the LUC prior to
any land alteration in the vicinity of these sites. The approval plan will he
monitored by the KDMC.
Response: This condition has been satisfied. In meeting the requirements of
the foregoing condition, the Archaeological Data Recovery and Interim Site
Preservation Plans, Remainder of Lot 4, Ka'upulehu Makai" was approved by
SHPD by letter dated August 14, 2003. A certified copy of the Data Recovery
Anthony J. H. Ching
December 12, 2006
Page 10
and Interim Site Preservation Plan and August 14, 2003 SHPD letter have
been submitted to the Commission. Data recovery work has commenced and
is anticipated to be completed by the end of 2006.
Condition 7c. For all sites approved for preservation by the State Historic Preservation
Division (SHPD), a preservation plan mnst be prepared by Petitioner. (Burial
sites may be rnvered under the burial treatment plan.) Thts plan must include
buffer ronesrnterim protection measures during conatructioa, and bog-range
preservation (Inclndiag public access aad interpretation, where appropriate}
The plan moat ioclade input from the local native Hawaiian community and
relevant Hawaifae groups. The plan must be approved by the SHPD and s
certified rnpy of said plan shall be filed with the LUC prior to any land
alteration in the vicinity of these sites. The approval plan will be monitored by
the KDMC.
Response: The Archaeological Site Preservation Plan, which is a component
of the Archaeological Mitigation Plan, is being prepared by PHRI for
submittal to SHPD.
CoadiNoo 7d. Petitioner shall immed'utely atop work and contact the Slate Historic
Preservation Division should any previously nnklentsed archaeological
resources such as artifact, shell, bone or charcoal deposits, Kaman burials, rock
or coral alignroeats, pavings or walls be encountered during ProjeM
development Mitigation and preservataa shall be monitored by the ICDMC.
Response: Petitioner will continue to comply with the foregoing condition.
Condition 8. Petitiocer shah preserve aad protect the coastal trail in ib entirety aad portioaa
of the masks-makai trail located within the ltesonrce Maasgement Area and
Petition Area with interpretive development, pursuant to the rernmmeodatiooa
of Paul H. Roseada6l, Inc., and as approved by the State Historic Preservation
Division to manage this cultural resource. Preservation aad protection shall be
monitored by the KDMC.
Response: The Archaeological (Site) Preservation Plan, which is a
component of the Archaeological Mitigation Plan, is being prepared by PHRI
for submittal to SHPD.
Condition 9. Petitioner shall initiate and fund s program to monitor the populations of
threatened and endangered green sea turtles, hawksbill turtles, aad humpback
whales, as required by the U.S. Fish and Wildlife Service, the National Marine
Fisheries Service, and the State Division of Aquatic Resources. Mitigation
measures shall be implemented by Petitioner if the results o[ the monitoring
program warrant them. Mitigation measures shell be approved by the U.S. Fish
and Wildlife Service, the National Marine Fisheries Service, and the
Department of Land and Natural Resources.
Anthony J. H. Ching
December 12, 2006
Page 11
Response: This condition has been satisfied. As recommended by the U.S.
Fish & Wildlife Service in its December 16, 2002 letter, the Petitioner
monitors the two possible sites with characteristics of turtle nesting beaches.
Condition 10. Petitioner shall conduct a biological survey for terrestrial invertebrates, the
Hawauan Hoary bat, aad Kona Nightingale (feral donkey), prior tosubmitting
an application for rezoning to the County of Hawaii. Petitioner shall consult
with the U.S. Fish Wildlife Service prior to initiating the study, regarding the
content and cempletenesa. The study shall also include a mitigatiodpreservaBon
plan. The plan shall be accepted and approved by the U.S. Fish and Wildlife
Service. The U.S. Fish and Wildlife Service mnat also verify in writing the
socceasful e:ecation ottee study, aad the implementation of the
mittgation/preservation plae.
Response: This condition has been satisfied.
Condition 11. Petitiocer shell provide affordable housing opportunities for low, low-moderate,
and gap group income rgidents in the State of Hswsi'i to the satisfaction of the
Coooty o[Hawai'i. The loestioa aad distribution of the affordable bonsiag or
other provisions for aRondabie housing shall be coder such terms ss may be
mutually agreeable between Petitioner and the County of Hawaii.
Response: This condition has been satisfied for Increment I. Petitioner
entered into an Agreement with the County of Hawaii for the satisfaction of
this requirement for the 80 single-family residential lots which comprise
Increment I (Phases 1 and 2). (See Exhibit D)
Condition 12. Petitioner shall implement eRective soil erosion and dust control measures
during aad after conatruMion to ensure that the development activities of the
Petitioner shall not impart the salt gathering resources at Kalaemano located
within anbzone "A" of tie Resource Management Ares and other resources.
Such measures shall be to the satisfaction of the State Department of Hwlth and
the Coaoty of Hawaii.
Response: Petitioner will continue to comply with this condition.
Condition 13. Petitioner shall develop a solid waste management plan in couformsoce with the
Integrated Solid Waste Management Act, Chapter 342G. Hawaii Revised
Statutes. Petitioner's solid waste management plan shall be approved by the
County of IIawaii Deparuneot of Public Works.
Response: This condition has been satisfied.
Condition 14. Petitioner shall fund and construct adequate wastewater treatment,
transmission and disposal facilities, as determined by the State Department of
Health and the County of Hawaii.
Response: Petitioner will continue to comply with this condition.
I
Anthony J. H. Ching
December 12, 2006
Page 12
Condition 15. Petitioner shall participate in an air quality monitoring program as specified by
the State Department of Health.
Response: Petitioner will continue to comply with this condition.
Condition 16. Petitioner shall toad and construct adequate civil defense measures as
determined by the State and Coaoty of Hawaii civil defense ageocia.
Response: This condition has been satisfied. 1n meeting the requirements of
the foregoing condition, WB KD has consulted with the County of Hawaii
Civil Defense Agency and Fire Department, and the State of Hawaii,
Department of Defense. By letter dated September 9, 2004, the State of
Hawaii, Department of Defense identified the coverage area and civil defense
equipment to be installed as part of the development of Increments I and II.
Condition 17. Petitioner shall provide a fairvshare contribution for school facilities as mutually
agreed upon with the Department of Education. The contribution may be a
combination of land and/or cash required to address the impact on school
facilities.
Response: This condition has been satisfied. The Petitioner and the State
Department of Education ("DOE") entered into the Apri128, 2005, the
Educational Contribution Agreements for Kaupulehu Lot 4-A (Phase I and
Phase II), (which are now known as Increment I and Increment II of Lot 4-A).
These Agreements are being satisfied by incremental fav sham contributions
paid to DOE directly out of closing on the sale of each residential unit in
Increments I (for up to 80 residential lots) and II (for up to 400 residential lots
or units). (Exhibits E and F)
Condition 18. Petitioner shall food, design and construct necessary local and regional roadway
ie~provemeoffi necessitated by the proposed development in designs and
scbednles accepted by the Stah Department of Trooaportation and the County
of Aawsi'i.
Response: Petitioner will continue to comply with this condition.
Condition 19. Petitioner shall food sad construct adequate water source, storage, and
transmission facilities and improvemeoffi to accommodate the proposed Project.
Water troosmissioo facilities and improvements shall be coordinated and
approved by the appropriate State and County agencies.
Response: 17ris condition has been satisfied. The water system for the
proposed project,has been bonded for construction, will remain privately
owned and operated by the public utility water company, and will not be
dedicated to the County.
Anthony J. H. Ching
December 12, 2006
Page 13
Condition 20. Petitioner shall loud the design and construction of drainage improvements
required se a result of the development of the Property to the satisfaction otthe
appropriate State and County agencies.
Response: This condition has been satisfied. The drainage improvements and
infrastructure systems were approved and completed as paR of the
construction plan for Increment I. These drainage improvements will be
privately owned and operated, and will not be dedicated to the County.
Condition 21. Petitiocer shell initiate aed tWnd a groundwater monitoring program as
determined by the State Departroeot of Health. Mitigation measure shall be
implemented by Petitiouer if the results of the monitoring program warrant
them. Mitigation measure shall be approved by the State Department of
Health.
Response: Petitioner will continue to comply with this condition.
Golf Course
Condition 22. Petitioner shall make avsilabk adequate golf tee times at aliordable rotes for
public play to State otHawai'i residents.
Response: The golf cotuse is proposed to be developed as part of Lot 4-A
Increment II. Petitioner will submit its golf public play Agreemetd for
approval by the County of Hawaii Planning Department in compliance with
the foregoing condition.
Condition 23. Petitioner shall rnmply with the environmental health conditions from the State
Department otHealth, dated August,1994 (Version 5), and entitled "Guideliees
applicable to Golf Courses io Hawaii.°
Response: The golf course is proposed to be developed as part of Lot 4-A
Increment II. Petitioner will comply with the foregoing condition.
Condition 24. io developing and operating the golf course and residential deveopment in the
ICaupulehu Resort Development Project, Petitioner shall at a mioiroum protect
public access along the accessible coastline by the following:
Condition 24a. Petitioner shall establish a perpetual right of public access
along the coastline from the State's Pu'uwa'awa'a
landholding to the intersection of the shoreline with the
southeromost boundary of the Project area, which will allow
public pedestrian access in perpetuity without obsiructioa or
interference with snch access, subject to reasonable rules and
regulations for public safety, provided that access shall be
maintained.
Anthony J. H. Ching
December 12, 2006
Page 14
Response: To meet the requirements of this condition, a
Comprehensive Public Access Plan was prepared by PBR
Hawaii in consultation by the Kaupulehu Kupuna Advisory
Group. This Public Access Plan addresses public access to the
shoreline as part of the development of Lot 4-A. The Public
Access Plan was approved by tho Planning Department on
September 29, 2004.
CondiHoo 24 b. In operating the golf courx and any tntore residential
development its the ICaupakha Developments Petltioa Area,
Petitioner shall maintain and protect the public's right of
access along the shoreline especially at the 1800-1801 a'a lava
Oow where the e:istiug trail is near the same lovel as the
proposed dwelling uoib.
Response: To meet the requirements of this condition, a
Comprehensive Public Access Plan was prepared by PBR
Hawaii in consultation by the Kaupulehu Kupuna Advisory
Group. This Public Access Plan addresses public access to the
shoreline as part of the development of Lot 4-A. The Public
Access Plan was approved by the Planning Department on
September 29, 2004.
Condition 24c. Petitioner shall work with the Department of Land and
Natural Resources to incorporate mauka patbways which
maybe tled to golf conrse and residential area pathways
wbich will provide alternative access routes to the accessible
coastline areas.
Response: To meet the requirements of this condition, a
Comprehensive Public Access Plan was prepared by PBR
Hawaii in consultation by the Kaupulehu Kupuna Advisory
Group. This Public Access Plan addresses public access to the
shoreline as part of the development of Lot 4-A. The Public
Access Plan was approved by the Planning Department on
September 29, 2004.
Condition 24d. Petitioner shall adopt golf course rules and provide mutually
agreeable signage which will proteM the access along the
public access areas and pathways.
Response: Future development of the golf course is proposed
during the Lot 4-A Increment R development. Petitioner will
comply with the foregoing condition.
Condition 24e. Petitioner shall provide the plans for golf course layout,
location of holes, access pathways, and signage to Office of
Planning and the appropriate governmental agencies in
Anthony J. H. Ching
December 12, 2006
Page 15
advance of any ffual approval of such plans.
Response: Future development of the golf course is
proposed during the Lot 4-A Increment II development.
Petitioner will comply with the foregoing condition.
Couditiou 24f. Petitioner shall record with the appropriate governmental
agency all necessary and appropriate iaatrnments to
accomplish the purpose of this paragraph.
Response: Future development of the golf course is
proposed during the Lot 4-A Increment II development.
Petitioner will comply with the foregoing condition.
Condition 25. Petitioner shall compkh the Project io sobstsntial rnmpliance with the
representations made before the Land Use Coromissioo. Failure to so develop
the Property may result is reveation of the Properly to its former iaad nse
elassifigtioa, or change to a more appropriate classification.
Response: Petitioner wilt continue to comply with the foregoing condition.
Condition 26. Petitioner shall give notice to the Land Ux Commission of any intent to sell,
lease, assign, place in trust, or otherwise voluntarily alter the ownership interest
is the Property covered by the approved Petition prior to the visible
commencement of conatructioa otihe Properly.
Response: Petitioner will continue to comply with the foregoing condition.
Condition 27. Petitioner shall provide annual reports to the Land Use Commission, the Office
otPlauniog, and the County of Ifawai'i is cooocetioo with the stairs of the
subjeM Project and Petitioner's progress is complying with the conditions
imposed. The annual report shall be submitted to a form prescribed by the
Ezceudve Officer of the Commission and shall also include written
documentation from each State and County agency responsible, indicating that
the terms of the rnndition(s) are progressing satisfactorily or have been
rompleted to the satisfaction of the agency.
Response: WB KD herein submits its 2005-2006 annual report to the Land
Use Commission, and by copy, submits the same to the State Office of
Planning and the Hawaii County Planning Department. WB KD will continue
to submit annual progress reporu as required until acknowledgment that
further reports aze no longer required.
Condition 28. The Commission may fully or partially release the roaditions provided herein a9
to all or any portion of the Property upon timely motion and upon the provision
of adequate assurance of satisfaction of these conditions by Petitioner.
F
Anthony J. H. Ching
December 12, 2006
Page I6
Response; Upon satisfaction of the foregoing conditions, Petitioner will
petition the Commission for partial or full release of the same.
Condition 29. Within 7 days otthe issuance of the Commissiou'a Decision and Order for the
aubjeM reclassification, Petitiouer shall (a) record with the Hnreau of
Conveyances a statement that the Property is subject to conditions imposed by
the Laad Use Commissan iu the reclassifkatiou of the Property, aml (b) shall
file s copy of such recorded statement witb the Commission.
Response: This condition has been satisfied.
Condition 30. Petitioner shall record the conditions imposed by the Commission with the
Bureau of Conveyances pursuant to Section IS-IS92, Hawaii Administrative
Rules.
Response: This condition has been satisfied.
Thank you for the opportunity to present WB KD Acquisition LLC's 2005-2006
annual report on Lot 4-A in Docket Nos. A81-524 and A93-701. Please feel free to contact me
should you have any questions concerning the foregoing discussion. Thank you for your
attention.
Very truly yours,
CARLSMITH BALL LLP
Steven S.C. i
SSLllny
Attachments
ec: Office of State Planning
County of Hawaii Planning Department
R. Ben Tsukazaki, Esq., attorney for Kaupulehu Developments
Patrick K. Fitzgerald, CEO - Hualalai Investors, LLC (Hualalal Resort)
aei3-ss~-3~bo.a
I i
k
Anthony J. H. Ching
December 12, 2006
Page 1 ~
bcc: Ed Divita
B.J. Kobayashi
Carl Cazlson
Amy Forbes
Erin Rothfuss
KDMC, c% Christine Bean
Rose Agbayani
Rodd Yano
Jennifer A. Benck
Jason K. Knable
I