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PLANNING DEPARTMENT
101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720-4224
(808) 961-8288 • FAX (808) 961-8742
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October 25, 2007
Mr. Thos Rohr
Waikoloa Development Company
150 Waikoloa Beach Drive
Waikoloa HI 96738
Dear Mr. Rohr:
Change of Zone Ordinance No. 97-49, as amended by Change of Zone
Ordinance No. 03-169 (REZ 851)
Special Management Area Use Permit No. 412 (SMA 412)
Applicant: Waikoloa Development Company
Subject: 2007 Annual Progress Reports
TMK: 6-9-7:15
This is to acknowledge receipt of the annual progress reports dated October 15, 2007 for Change
of Zone Ordinance No. 97-49, as amended by Ordinance No.03-169, and Special Management
Area Use Permit No. 412, submitted in compliance to Condition 14 of the above-referenced
SMA permit. Thank you for complying with this requirement. We appreciate the thoroughness
of the reports. We will forward copies of your reports to the Planning Commission and the
Hawaii County Council.
Please note that the next annual progress reports will be due on or before November 1, 2008.
Should you have any questions, please feel free to contact Norman Hayashi or Jeff Darrow of
this office at 961-8288.
Sincer
A
CHR OPHER J. YUEN
Planning Director
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Kona Planning Department Comm. No. E-7
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Hawaii County is an Equal opportunit, Pmvider and Eowployer
WAIKOLOA
October 15, 2007
Mr. Christopher J. Yuen, Planning Director
Planning Department
Aupuni Center
101 Pauahi Street
Hilo, Hawaii 96720
RE: ANNUAL REPORT
ZONING ORDINANCE 97-49, AS AMENDED BY ZONING
ORDINANCE 03-169 (REZ 851)
WAIKOLOA DEVELOPMENT COMPANY
TMK: 6-9-7: 15
Dear Mr. Yuen:
Please let this letter serve as the Annual Report under Zoning Ordinance 97-49 as amended by Zoning
Ordinance 03-169.
"A. The applicant, its successor or assigns shall be responsible for complying with all stated
conditions of approval."
Compliance: Applicant shall continue to comply with all stated conditions of approval.
This condition is ongoing.
"B. Final Subdivision and/or Plan Approval for the subject property shall be secured within five
(5) years from the effective date of this amendment."
Compliance: This condition required Final Plan Approval be secured by March 24, 2002.
Although the previous owner of the property secured Final Plan Approval on October 8,
2001 they did not utilize it within the required two-year period stated within Section 25-
2-7. A time extension to comply with Condition No. 4 was approved by the Planning
Commission on October 20, 2003, for an additional five (5) years from the effective date
of Change of Zone Ordinance No. 97-49. The County Council approved the time
extension until December 19, 2008. Applicant shall submit a Final Subdivision or Plan
Approval prior to December 19, 2008.
"C. Access(es) to the subject property shall be constructed meeting with the approval of the
Department of Public Works."
Compliance: Access to the property will comply with the Department of Public Works
regulations and guidelines.
150 Waikoloa Beach Drive • Waikolna, Hawaii 96738 • Phone (808) 886-1000 • Fax (808) 886-8896
Mr. Christopher I Yuen
Annual Report
Ordinance No. 03-169 amending Ordinance No. 97-49
October 15, 2007
Page 2
"D. A Solid Waste Management Plan for the proposed development within the subject property
shall be prepared meeting with the approval of the Department of Public Works prior to
submitting plans for subdivision or plan approval review, whichever occurs first."
Compliance: A Solid Waste Management Plan was submitted and approved by the
Department of Public Works.
"E. A Flood Study of the subject property shall be submitted to the Planning Director in
conjunction with plans submitted for plan approval review, for any portion of the subject
property. Drainage improvements, if required, shall be constructed meeting with the approval
of the Department of Public Works, prior to the issuance of Final Subdivision Approval or
certificate of occupancy for the subject property, whichever occurs first."
Compliance: A Flood Study was submitted and approved by the Planning Director.
"F. A wastewater disposal system shall be constructed meeting with the approval of the State
Department of Health and/or the Department of Public Works, whichever is applicable."
Compliance: A wastewater disposal system was submitted and approved by the State
Department of Health. The Waikoloa Resort Utilities Water Reclamation Plant conforms to
the requirements of, and is inspected annually by, the Department of Health.
"G. An archaeological preservation plan shall be submitted for review and approval by the
Planning Director in consultation with the Department of Land and Natural Resources-
Historic Preservation Division (DLNR-HPD). Approved mitigation measures shall be
implemented prior to or in conjunction with any land alterations within the subject property."
Compliance: In an Archeological Preservation Plan dated January, 2000 was prepared
by Hann & Associates and submitted to the Department of Land and Natural Resources -
Historic Preservation Division (DLNR-HPD). By letter dated May 16, 2001, the DLNR-
HPD approved the archaeological preservation plan. The plan contains provisions for the .
establishment of 10 foot buffers around the four (4) archeological sites, temporary
measures during construction and longer term restrictions on development within the
buffer zones.
"H. An anchialine pond research report and preservation plan shall be prepared and submitted
for approval with the DLNR-HPD. Approved mitigation measures shall be implemented
prior to or in conjunction with land alterations within the subject property."
Compliance: Anchialine Plan Management Plan dated April 2001 was prepared by
Richard Block and by letter dated June 27, 2001, the Department of Land and Natural
Resources-Aquatic Resources Division approved the Anchialine Pond Management Plan.
Mr. Christopher 3_ Yuen
Annual Report
Ordinance No. 03-169 amending Ordinance No. 97-49
October 15, 2007
Page 3
Among other things the plan contains restrictions on use and development of the two
anchialine ponds that now exist on the property and surrounding buffer areas. The plan
also contains provisions to protect the ponds from storm waters, sediment and debris,
and introduction of foreign organisms, and limitations on the kind and maintenance of
landscaping in the vicinity of the ponds.
"I. Should any unidentified sties or remains such as artifacts, shell, bone, or charcoal deposits,
human burials, rock or coral alignments, paving, or walls be encountered, work in the
immediate area shall cease and the DLNR-HPD shall be immediately notified. Subsequent
work shall proceed upon an archaeological clearance from the DLNR-HPD when it finds that
sufficient mitigative measures have been taken."
Compliance: Should unanticipated archaeological sites be encountered during any future land
clearing activities within the project the requirements-of this condition will be complied with.
"J. The applicant shall make its fair share contribution to mitigate the potential impacts of the
proposed development within the subject area with respect to parks and recreation, fire, solid
waste disposal facilities and roads. The amount of the fair share contribution shall be the sum
which is the product of multiplying the number of units proposed to be developed by the
amounts allocated hereinbelow for each such unit, and shall become due and payable prior to
final plan approval or final subdivision approval, whichever occurs fast, for any portion of the
subject area or its increments. If the subject area is developed in two or more increments, the
amount of fair share contribution due and payable prior to final plan approval of each
increment shall be a sum calculated in the same manner according to the number of proposed
units in each such increment. The fair share contribution may be in a form of cash, land,
facilities, or any combination thereof acceptable to the Planning Director in consultation with
the affected agencies. The fair share contribution shall have a maximum combined value of
$7,965.90 per resort unit. Based upon the applicant's representation of intent to develop up
to 4 units, the indicated total fair share contribution is $31,863.60. However, the total amount
shall be increased or reduced in proportion with the actual number of lots/units according to
the calculation and payment provisions set forth in this Condition J. The fair share
contribution shall be allocated as follows:
1. $1,942.74 per resort unit for an indicated total of $7,770.96 to the County to support
park and recreational improvements and facilities;
2. $87.99 per resort unit or an indicated total of $351.96 to the County to support fire
facilities;
3. $43.02 per resort unit for an indicated total of $172.08 to the County to support solid
waste facilities;
4. $5,892.25 per resort unit for an indicated total of $23,568.69 to the State or County
to support road and traffic improvements.
Mr. Christopher J. Yuen
Annual Report
Ordinance No. 03-169 amending Ordinance No. 97-49
October 15, 2007
Page 4
The fair share contributions described above shall be adjusted annually beginning three years
after the effective date of the change of zone, based on the percentage change in the Honolulu
Consumer Price Index (HCPI). In lieu of paying the fair share contribution, the applicant may
construct and contribute land, improvements/facilities related to parks and recreation, fire,
solid waste disposal facilities, and roads within the region impacted by the proposed
development, subject to the approval of the County Council. For purposes of administering
Condition J, the fair market value of land contributed or the cost of any improvements
required or made in lieu of the fair share contribution shall be subject to the review and
recommendation of the Planning Director, upon consultation with appropriate agencies and
approval of the County Council."
Compliance: By letter dated October 25, 2001, the Planning Director approved a credit of
$7,770.97 (comprising parks and recreation portion of impact fee) for providing handicapped
parking as stated in the Public Access Plan submitted 6n February 12, 2001.
"K. The applicant shall establish a program for employee housing which shall be submitted
for review and approval of the Planning Director and Housing Agency together with the
submittal of plans for Final Subdivision or Plan Approval for the proposed development,
which ever occurs first. The program shall include provisions for on-site housing for
employees of the proposed development in an amount to be determined by a study of
surrounding housing opportunities and employee needs. The program may also include
consideration for other alternatives such as rental housing subsidies or housing allowances.
The approval of the program shall be secured prior to the issuance of certificate of occupancy
of the proposed development within the subject property."
Compliance: On June 19, 2001, the County Council approved an lieu payment based on the
number of employees projected for restaurant and spa operations. By letter dated September
26, 2001 from the County Office of Housing and Community Development it acknowledged
satisfaction of this condition by in lieu payment in the amount of $37,760.
"L. No seawall that artificially fixes or hardens the shoreline shall be constructed within
the 40-foot shoreline setback."
Compliance: This condition will be complied with.
"M. Comply with all applicable laws, rules, regulations and requirements, including those
of the Department of Health, Fire Department and Department of Water Supply."
Compliance: Agency rules and regulations have been and will continue to be considered
during the development and operations of the project.
Mr. Christopher 3. Yuen
Annual Report
Ordinance No. 03-169 amending Ordinance No. 97-49
October 15, 2007
Page 5
"N. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for the
imposition of exactions or the assessment of impact fees, conditions included herein shall be
credited toward the requirements of the Unified Impact Fees Ordinance."
Comkliance: This condition will be complied with.
"O. If the applicant should require an additional extension of time, the Planning Director shall
submit the applicant's request to the County Council for appropriate action."
Compliance: This condition will be complied with.
"P. Should any of the conditions not be met or substantially complied within a timely fashion, the
Director may initiate rezoning of the subject property to its original or more appropriate
designation."
Compliance: This condition will be complied with.
Your acceptance of this Annual Report 2007 is appreciated.
Res fully submitted,
os Rohr
President
WAIKOLOA
October 15, 2007
Mr. Christopher I Yuen
Planning Director
Planning Department
Aupuni Center
101 Pauahi Street
Hilo, Hawaii 96720
RE: Annual Report 2006
Special Management Area Use Permit No. 412, as Amended
Waikoloa BC LLC (Formerly The Bay Club Ownership Resort, Inc.)
Dear Mr. Yuen:
Please let this letter serve as the Annual Report required by Condition 14 of amended SMA Use
Permit No. 412.
Special Management Area Use Permit No 412, as Amended
111. The applicant, its successor or assigns shall be responsible for complying with all stated
conditions of approval."
Compliance: Applicant shall continue to comply with all stated conditions of approval.
This condition is ongoing.
"2. "A certified shoreline survey shall be submitted to the Planning Department and approved by
the Board of Land and Natural Resources prior to issuance of Final Plan Approval or the
issuance of permits for any land altering activities, whichever comes first."
Compliance: Applicant submitted a certified shoreline survey to the Planning Director and
the Board of Land and Natural Resources. The shoreline was certified and approved by the
Board of Land and Natural Resources on July 17, 2007.
113. A comprehensive public access plan shall be submitted for review and approval by the
Planning Director prior to issuance of Final Plan Approval and shall include a lateral shoreline
access easement, two (2) accessible parking stalls, signage and restrictions on use (if any). A
copy of the proposed shoreline public access easement to be recorded with the Bureau of
Conveyances shall be submitted to the Planning Director for review and approval. A copy of
the approved shoreline public access easement shall be recited in an instrument executed by
the applicant and the County and recorded with the Bureau of Conveyances in conjunction
with the issuance of any building permits."
Compliance: The final comprehensive public access plan was approved by the Planning
Director on October 25, 2001, and includes a lateral shoreline access easement, two (2)
150 Waikoloa Beach Drive • Wailcolm, Hawaii 96738 ^ Phone (808) 886-1000 • Fax (808) 886-88%
Mr. Christopher J. Yuen
Annual Report
SMA Use Permit No. 412
October 15, 2007
Page 2
accessible parking stalls, signage and restrictions on use. A copy of the approved shoreline
public access easement will be recited in an instrument executed by the applicant and the
County and recorded with the Bureau of Conveyances in conjunction with the issuance of any
building permits.
"4. Final Plan Approval for the proposed recreational/restaurant/office complex, four single-
family dwellings, parking area, and other related recreational facilities, and associated
improvements and infrastructure, shall be secured within 5 years from the effective date of this
amendment, in accordance with Ordinance No. 97-49. Plans shall identify all proposed
structures, proposed parking areas and driveway(s), and landscaping to mitigate any visual or
noise impacts. The applicant, its successors or assigns shall notify the Planning Department in
writing of the completion of required improvements prior to the establishment of the proposed
use."
Compliance: This condition required Final Plan Approval be secured by March 24, 2002.
Although the previous owner of the property secured Final Plan Approval on October 8, 2001
they did not utilize it within the required two-year period stated within Section 25-2-7. A time
extension to comply with Condition No. 4 was approved by the Planning Commission on
October 20, 2003, for an additional five (5) years from the effective date of Change of Zone
Ordinance No. 97-49. The County Council approved the time extension until December 19,
2008.
"5. Access(es) to the subject property shall be constructed meeting with the approval of the
Department of Public Works prior to or in conjunction with the issuance of building permit(s)
for the project."
Compliance: This condition will be complied with.
"6. A Solid Waste Management Plan for the proposed development within the subject property
shall be prepared meeting with the approval of the Department of Public Works prior to or in
conjunction with submitting plans for Final Plan Approval."
Compliance: A Solid Waste Management Plan was submitted and approved by the
Department of Public Works.
"7. A Flood Study of the subject property shall be submitted to the Planning Director in
conjunction with plans submitted for plan approval review, for any portion of the subject
property. Drainage improvements, if required, shall be constructed meeting with the approval
of the Department of Public Works, prior to the issuance of certificate of occupancy."
Compliance: A Flood Study was submitted and approved by the Planning Director.
Mr. Christopher I Yuen
Annuat Report
SMA Use Permit No. 412
October 15, 2007
Page 5
A. The non-performance is the result of conditions that could not have been foreseen or
are beyond the control of the applicant, successors or assigns, and that are not the
result of their fault or negligence.
B. Granting of the time extension would not be contrary to the general plan or zoning
code.
C. Granting of the time extension would not be contrary to the original reason for the
granting of the permit.
D. The time extension granted shall be for a period not be exceed the period originally
granted for performance (i.e. a condition to be performed within one year may be
extended for up to one additional year."
Compliance: There have been no requests for extension or amendment to this permit.
Your acceptance of this Annual Report 2007 is appreciated.
Resp '!fully submitted,
os Rohr
President