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Home My WebLink AboutCOM 0013.001 2018-2020 PI PG !3 H 7 COMM. 13 S'-f- V- r m MEMORANDUM TO: Mr. Daniel E. Orodenker, State Land Use Commission Leeward Planning Commission Hawaii County Council FROM: Ka'upulehu Development Monitoring Committee o C) Date: December 20. 2018 — —i CO CD-" RE: LUC Docket No.A93-701 & Project District Ordinance No. 9-44 - C ' ?rri 7.7 __ Pursuant to LUC Docket No. A93-701, which established the Ka'upulehu Development Monitoring Committee(KDMC), we hereby convey the continued engagement of our monitoring duties of Ka'upulehu Development Lot 4A with the current Developer, RE:PLAY, beginning work on Phase II development. We will continue the work of the KDMC for an additional 5 year term. In a March 30. 2012 letter(see attached),we notified the LUC of our willingness to serve an additional 5 year term in accordance with the KDMC Operational Plan and as it pertained to the Ka'upulehu Development Phase I development of Lot 4A. Subsequently, the new development partner, RE:PLAY, is in the process of planning for the development of Phase II. Accordingly, they have met with the KDMC as they move forward with a request for an extension of the PDO referenced above. The KDMC had an initial meeting with RE:PLAY on Dec. 4, 2018.to acquaint ourselves with the parties involved and the planning process. The KDMC commends the Developer for consulting with and engaging the KDMC in its preliminary planning process and we look forward to fulfilling the mandate as set forth in the LUC Docket to monitor the development for the protection and preservation of the natural and cultural resources of the area. Respectfully submitted, KA'UPULEHU DEVELOPMENT MONITORING COMMITTEE: r-� Leina'ala Keakealani Lightner Hannah Kihalani Springer Ka'upulehu Development Monitoring Committee Comm. Na. clo Leina'ala Keakealani Lighter, P. 0. Box 1299, Kailua Kona, HI 96745 Ref. To: ?IPG Ref. Date JA ® 8 2019 tt O. N+ SUZANNE D.CASE DAVID V.IGE ....11;.,";�9 a• . CHAIRPERSON ..', GOVERNOR OF HAWAII BOARD OF LAND AND NATURAL RESOURCES t y,, .. ; COMMISSION ON WATER RESOURCE MANAGEMENT t Lf, v i ROBERT K.MASUDA ind ,Cj'•, 11 ,fie FIRST DEPUTY Y -+4 DEAN D.UYENOACTING DEPUTY DIRECTOR-WATER AQUATIC RESOURCES STATE OF HAWAII BOATING AND OCEAN RECREATION BUREAU OF CONVEYANCES sgreof „',� DEPARTMENT OF LAND AND NATURAL RESOURCES COMMISSION ON WATER RESOURCE MANAGEMENT CONSERVATION AND COASTAL LANDS STATE HISTORIC PRESERVATION DIVISION CONSERVATION AND RESOURCES ENFORCEMENT ENGINEERING KAKUHIHEWA BUILDING FORESTRY AND WILDLIFE HISTORIC PRESERVATION 601 KAMOKILA BLVD.STE 555 KAHOOLAWE ISLAND RESERVE COMMISSION KAPOLEI,HAWAII 96707 LAND January 7,2019 STATE PARKS Michael Yee, Director IN REPLY REFER TO: County of Hawai`i Planning Department Log No. 2013.3724 101 Pauahi Street, Suite 3 2018.01697 Hilo, HI 96720 Doc.No. 1901JA03 Email:planning(i hawaiicountv.gov Archaeology Thad E. Bond, Senior Vice President, Hawaii Replay Destinations MM 87Queen Ka'ahumanu Highway Kailua-Kona, HI 96740 Email: tbondai?replavdestinations.com Dear Mr. Yee and Mr. Bond: SUBJECT: Chapter 6E-42 Historic Preservation Review— County of Hawaii Project District Ordinance No. 99-42 (REZ No. 926. Docket No. 98-000075) Applicants: KD Acquisition, LLLP and Hualalai Investors,LLP (formerly Kaupulehu Developments) Revised Long-Term Preservation Plan for Kalaemano Cultural Reserve in Subzones A and B-1 Ka`upulehu Ahupua`a,North Kona District,Hawaii Island TMK: (3)7-2-010:022 por.to 027,031; (3)7-2-031:001,002,004,006 to 011,013,015 to 023,025 to 030,032,033; (3)7-2-032:001 to 003,005,007, 009,010,014,016 to 034,and 036 to 053 [collectively Lot 4-A]; (3)7-2-010:020,028 to 030; (3) 7-2-029:001 to 020,022 to 025,027 to 048, 050 to 058; and(3)7-2-030:001 to 035 [collectively Lot 4-B] This letter provides the State Historic Preservation Division's (SHPD) review of the subject County of Hawaii Project District Ordinance (PDO) No. 99-42 (REZ No. 926, Docket No. 98-000075) and review of the archaeological document titled Revised Long-term Preservation Plan for Kalaemano Cultural Reserve Ka`iipulehu Ahupua'a, Kona District, Hawai`i Island TMK: (3) 7-2-010:022 por. (Dye and Sholin, February 2014). SHPD received the County's request to review the Applicant's PDO No. 99-42 submittal on July 18,2018 [SHPD Log No. 2018.01697] and the initial revised preservation plan submittal on June 6, 2013 and the second revised plan in February 2014 [SHPD Log No. 2013.3724] The County specifically requested that SHPD comment on the Applicant's request titled: Submission of Overall Status Report to Planning Department (PD), Planning Commission (PC) and County Council(CC) as Required by Condition BB of PD Ordinance No. 99 42; Request for Clarification from the PC and CC that a Time Extension is not needed; if needed, the Applicant is Requesting an Amendment to Condition B for a 20-Year Time Extension. The Applicants are identified above. The HRS 6E Submittal Form identifies the type of permit as a Project District Rezone Amendment. The Dye and Sholin (2014)preservation plan is not a separate, stand-alone preservation plan for Lot 4A, rather it is a revised section that supersedes Subzones A and B1 portions of the PHRI (2008) long-term preservation plan for Lot 4A. The PHRI (2008)plan covered Subzones A, B-1, B-2, B-3, and C, along with the Urban District within Lot 4A of Ka`upulehu Makai. Today, the coastal planning area is identified as TMK: (3) 7-2-010:022, and Kalaemano Cultural Reserve is identified as TMK: (3)7-2-010:022 por. Mr. Yee and Mr. Bond January 7, 2019 Page 2 Dye and Sholin (2014:5) indicate that both Subzones A and B1 are covered by a Declaration of Coastal Planning Area and by a Declaration of Covenants, Conditions and Restrictions Regarding Restricted Parcels. These documents have been recorded by the State of Hawai`i Bureau of Conveyances. The Declaration of Covenants, Conditions and Restrictions at §4a states that"Subzone A shall be used solely for pedestrian paths and other public access improvements that may be required by the State of Hawaii or the County of Hawaii, the preservation of salt gathering, the coastal trail, coastal views and archaeological uses, and no other purposes." The public access improvements described in this paragraph have all been completed. There will be no further development within Subzone A. At §5, the Declaration of Covenants, Conditions and Restrictions states that "Subzone B1 will be used solely for the Interpretive Center and Public Access Facilities, and resource management and conservation purposes. . ."These facilities have been constructed and no new construction is planned for Subzone B 1. The Dye and Sholin (2014) revised preservation plan for Subzones A and 'B 1 adequately addresses the issues and concerns raised in SHPD's earlier correspondence(September 19, 2013; Log No. 2013.3724, Doc.No. 1309MV09). This plan, together with the PHRI (2008) plan, meets the minimum requirements of HAR §13-277 in providing long-term preservation measures for the Kalaemano Cultural Reserve in Lot 4A. It is accepted. Please send two hard copies of the document, clearly marked FINAL, along with a text-searchable PDF version to the Kapolei SHPD office, attention SHPD Library. SHPD hereby notifies the County of SHPD's acceptance of the revised long-term preservation plan for the Subzones A and B1 portions of the PHRI (2008) long-term preservation plan for Kalaemano Cultural Reserve in Lot 4A and that SHPD has no objection to the Applicant's request regarding acceptance of its Status Report, and/or amendment to PDO Ordinance No. 99-42 for a 20-year time extension to the development period for Project District Ordinance No. 99-42 (REZ No. 926;Docket No. 98-000075). Please contact Dr. Susan A. Lebo, Archaeology Branch Chief, at (808) 692-8019 or at Susan.A.Leboa,hawaii.gov for any questions or concerns regarding this letter. Aloha, 4 z# 2WIi2t Alan S. Downer, PhD Administrator, State Historic Preservation Division Deputy State Historic Preservation Officer cc: Jason K. Knable,Carlsmith Ball LLP,jknable@carlsmith.com Robert Rechtman,ASM Affiliates,brechtman@asmaffiliates.com Matt Clark, ASM Affiliates, mclark@asmaffiliates.com Christian Kay, County of Hawaii Planning Department, Christian.kav a,hawaii.aov Enclosure 1 All archaeological submittals connected with this project that have been received previously by SHPD are cited and briefly summarized in chronological order below. Full citations are provided in References. 1995 Head et al. (1995a, b, and c). Archaeological inventory survey report in three volumes—main text (Volume I), site descriptions (Volume II), and field maps supporting Volume II (Volume III). Describes, interprets, and assesses significance for 193 archaeological sites consisting of 660 features-102 multi-feature sites (feature complexes) and 91 single-feature sites; two isolated finds documented. SHPD accepted Volumes I and II on October 4, 1995 (Log No. 15542, Doc No. 9509PM17). 1996 February 2, 1996. SHPD letter from Don Hibbard(Administrator)to Paul Rosendahl (PHRI)accepting Vol. III to the MS report(Maps accompanying Vol. II). (TMK: 7-2-03: Por. 1) (Log No. 16349, Doc. No. 9601 PM 15). Mr. Yee and Mr. Bond January 7, 2019 Page 2 1998 Belt Collins Ltd. (1998). Integrated resources management plan (IRMP) for 2,118-acre project area (TMK: [3] 7-2-003:001) owned by Kamehameha Schools/Bishop Estate and leased by (former client name:) Ka`upulehu Developments. Project area includes 883-acre inland Urban Area slated for recreational and residential development, and 235-acre Coastal Planning Area (Lots 4A, 4B1, 4B2, 4B3, and 4C on land; 4D offshore), where archaeological and natural sites are concentrated. IRMP describes the subzones, provides historical background information, categorizes historic sites, and plans site-protective use and access measures for the Coastal Planning Area. 2002 Corbin and Rosendahl(2002). Archaeological mitigation plan, including a data recovery plan for 24 archaeological sites and an interim site preservation plan designed to protect all sites in the Hualalai Resort Phase II Expansion project area from any adverse impacts during project construction. SHPD accepted archaeological monitoring plan with minor condition on March 14, 2002 (Log No. 29343, Doc No. 0203PM05) and the final revised plan on May 8, 2002 (Log No. 29817, Doc No. 0205RC13). The plan was subsequently amended to include the Lot 4 Access Road. The amended plan was accepted by SHPD on May 31, 2002 (Log No.29975, Doc No. 0205PM08). 2003 Corbin(2003). Archaeological data recovery conducted for 35 archaeological sites in Lot 4, and an interim site preservation plan designed to protect all sites within the project area from any adverse effects during construction. SHPD accepted this report on August 14, 2003 (Log No. 2003.1435, Doc No. 0307PM26). 2007 September 24, 2007. SHPD letter from Melanie Chinen (Administrator) to Paul Rosendahl (PHRI) regarding SHPD decision to preserve in place inadvertent discovery of human skeletal remains in Lot 4A(Log No. 2007.3166,Doc No. 0709KP01). 2008 PHRI (2008). Basic preservation and interpretive plan covering historic properties in Lot 4A (approximately 1,178 acres), continuing implementation of Belt Collins' (1998)IRMP.To be amended with detailed planning specifics at a later date. Plan accepted by SHPD on August 8, 2008 (Log No. 2008.0998,Doc.No. 0808MD39). 2010 August 24, 2010. SHPD letter from Phyllis Coochie Cayan (History and Culture Branch Chief) to Christine E. Bean (WB KD Acquisition, LLC) regarding SHPD's concurrence with verification submittal indicating final burial treatment of Sites 19208, 19224, and 19234 in Subzone A, and Sites 19081, 19084, 19086, and 19101 in Subzone B (Log No. 2010.2849, Doc No. 1008AJ05). 2014 Dye and Sholin (2014). Long-term preservation plan, originally for nine historic properties in the Kalaemano Cultural Reserve, in areas designated Subzones A and B1 in the Ka`upulehu Integrated Cultural Resource Management Plan (Belt Collins 1998); revised to include the entire area of the Kalaemano Cultural Reserve, including 37 historic properties. Plans rehabilitation, interpretation, and appropriate cultural use for some properties, passive preservation for others. Accepted by current letter (January 4,2019; Log Nos. 2013.3724 and 2018.01697, Doc.No. 1901JA03). References Belt Collins Hawaii Ltd. (1998) Ka`upulehu Integrated Resources Management Plan. Prepared for Ka`upulehu Developments,Honolulu. Prepared by Belt Collins Hawaii Ltd., Honolulu. Cayan, Phyllis Coochie (2010). Letter from Phyllis Coochie Cayan(History and Culture Branch Chief) to Christine E. Bean(WB KD Acquisition, LLC)titled Completion of Burial Treatment Plan Remainder of Lot 4 SIHP(Site No. 19208, 19224, 19234, 19081, 19084, 19086, and 19101) all located in the Ahupua`a of Ka`upulehu Makai, North Kona District, Island of Hawai`i TMK (3)7-2-03: Por. 1. LOG NO: 2010.2849, DOC NO: 1008AJ05. On file at SHPD Kapolei office. Chinen, Melanie (2007). Letter from Melanie Chinen (SHPD Administrator) to Paul Rosendahl (PHRI) titled Inadvertent Discovery of Human Skeletal Remains at Lot 4A, on the Ahupua`a of Ka`upulehu, District of North Mr. Yee and Mr. Bond January 7, 2019 Page 2 Kona, Island of Hawai`i [TMK (3)7-2-03: Por. 1]. LOG NO: 2007.3166, DOC NO: 0709KP01. On file at SHPD Kapolei office. Corbin, Alan B. (2003) Archaeological Data Recovery and Interim Site Preservation Plan Remainder of Lot 4, Ka'upulehu Makai Land of Ka`upulehu, North Kona District, Island of Hawai`i. TMK: (3) 7-2-003:001. Paul H. Rosendahl, Ph.D. (PHRI) Report 2092-051203. Prepared for Ka`upulehu Developments, Honolulu. Prepared by PHRI, Hilo. Corbin, Alan B. (2008). Archaeological Data Recovery Ka`upulehu Makai, Remainder of Lot 4, Land of Ka`upulehu, North Kona District, Island of Hawai`i (TMK:3-7-2-03: Por. 1). Prepared for WB Ka`upulehu Acquisition, Kailua-Kona. Prepared by PHRI, Hilo. Corbin, Alan B. (2009, April). Archaeological Monitoring of Coastal Vegetation Clearing, Ka`upulehu Makai remainder of Lot 4, Land of Ka`upulehu, North Kona District, Island of Hawai`i (TMK: 3-7-2-03: Por. 1). Draft report prepared for WB Ka`upulehu Acquisition, LLC. Not on file at SHPD Kapolei office. Dye, Thomas S., and Carl E. Sholin (2014) Draft Revised Long-term Preservation Plan for Kalaemano Cultural Reserve Ka`upulehu Ahupua`a, Kona District, Hawai`i Island. TMK: (3) 7-2-010:022 portion. Prepared for WB KD Acquisition, LLC, Honolulu. Prepared by T.S. Dye and Colleagues, Archaeologists, Honolulu. Hibbard, Don (1994). Letter from Don Hibbard (SHPD Administrator) to Esther Ueda, Executive Director, State Land Use Commission), titled Final Environmental Impact Statement: Kaupulehu Resort Expansion Kaupulehu, North Kona, Island of Hawaii TMK: 7-2-03: Por. 1. LOG NO.: 12709, DOC. No.: 9410PM16. On file at SHPD Kapolei office. Hibbard, Don (1995). Letter from Don Hibbard (SHPD Administrator) to Heather Cole (Director of Cultural Affairs, Hualalai Development Company), titled Preparation of Preservation Plan for Kaupulehu Makai Resort, Kaupulehu, North Kona, Hawaii Island TMK: (3) 7-2-03:1. LOG NO.: 15282, DOC. NO.: 9508MS04. On file at SHPD Kapolei office. Hibbard, Don (1996). Letter from Don Hibbard, Administrator, to Paul Rosendahl, Ph.D., Titled Final Revised Report (PHRI 1397-083195): "Archaeological Inventory Survey Ka`upulehu Makai-Lot 4: Field Maps Supporting Volume II" (Head, Rosendahl and Walker 1995) Ka`upulehu, North Kona, Hawaii Island. TMK: 7-2-03: Por. 1. LOG NO>: 16349, DOC. NO>: 9601PM15. On file at SHPD Kapolei office. PHRI (2002). Burial Treatment Plan, Remainder of Lot 4 Ka`upulehu Makai, Land of Ka`upulehu, North Kona District, Island of Hawai`i. (TMK: 3-7-2-003:Por. 1) PHRI Report 2092-041202. Prepared for Ka`upulehu Developments, Kailua-Kona. Prepared by PHRI, Hilo. PHRI (2008). Archaeological Site Preservation Plan Lot 4A, Ka`upulehu, Makai Land of Ka`upulehu, North Kona District, Island of Hawai`i. Prepared for WB Ka`upulehu Acquisition, LLC (WBKDA), Kailua-Kona. Prepared by Paul H. Rosendahl, Ph.D., Inc. (PHRI), Hilo. • RECEIVED CARLSMITH BALL LLP (Q) u DEPT OF TRANS A LIMITED LIABILITY LAW PARTNERSHIP 2018 NO V -2 PH 1: 45 121 WAIANUENUE AVENUE .'IUi"lilrii J C1iVlSICId P.O.BOx68b •q�'1•� 721-0686 1 10I S r R lc?" TELEPHONE 808.935.6644HAWAII 6 FAX 8 8 935.7975 wwW.CARLs rrrH.COIvt SLIM.ACARLSMITH.COM November 2, 201S Donald Smith Hawaii Island District Engineer State Department of Transportation 50 Makaala Street Hilo, Hawaii 96720 RE: Commitment letter to assist with restriping at the Queen Ka'ahumanu Highway/ Kaupulehu Drive channelized intersection Project District Ordinance No. 99-42, Condition BB Successor Applicants: KD Acquisition, LLLP (fka WB KD Acquisition, LLC) as to Lot 4-A, and Hualalai Investors, LLC as to Lot 4-B Tax Map Key Nos.: (3) 7-2-010: 022 (por.) to 027, 031, (3) 7-2-031:001, 002, 004, 006 to 011, 013, 015 to 023, 025 to 030, 032, 033 and (3) 7-2-032:001 to 003, 005, 007, 009, 010, 014, 016 to 034, 036 to 053 (collectively "Lot 4-A"); and Tax Map Key Nos.: (3) 7- 2-010:020, 028 to 030, (3) 7-2-029: 001-020, 022 to 025, 027 to 048, 050 to 058, (3) 7-2- 030:001 to 035 (collectively "Lot 4-B") Dear Mr. Smith: Thank you for meeting with our clients, KD Acquisition, LLLP ("KD"), and Hualalai Investors, LLC ("HILLC"), on September 5, 2018 to discuss the processing of the required Overall Status Report on Project District Ordinance No. 99-42 ("PDO 99-42") with the County of Hawaii. As we discussed, Project District Ordinance No. 99-42 affects "Lot 4-A" of the Kaupulehu project and the "Lot 4-B" of the Hualalai Resort Expansion H project, and these projects are accessed via the State's Queen Ka'ahumanu Highway ("QKH") intersection with Ka'upulehu Drive. As we explained during our meeting, the Planning Department circulated our Overall Status Report to the State Department of Transportation ("DOT") - Planning Branch for comment, as the subject request seeks clarification from the Leeward Planning Commission and • Hawaii County Council on whether a 20-year time extension of development activities under PDO 99-42 is truly necessary. The Planning Branch asked that we contact your office to determine whether the existing traffic improvements at the QKH/Ka'upulehu Drive channelized intersection are sufficient and whether an updated traffic assessment was warranted in conjunction with the PDO 99-42 Overall Status Report review. HONOLULU • HILO • KONA • MAUL GUAM Los ANGELES 4823-0689-3170.3.060391-00002 t . Page 2 Based on our discussion,we understood that the DOT Hawaii District Office would likely take the position that an updated traffic assessment was not necessary at this time,because (i)it is unlikely that these projects would meet traffic signal warrants for additional intersection improvements any time soon,(ii) PDO 99-42 requires already requires traffic monitoring, and (iii) KD and HILLC committed to providing updated traffic monitoring reports as new phases are developed within Lot 4-A and Lot 4-B. We also understood from our meeting that the DOT was concerned about the lack of north-bound left-turn acceleration lanes on QKH(the "left-turn acceleration lane"), including at the QKH/Kaupulehu Drive intersection. Although KD and HILLC have observed no significant traffic safety issues due to the lack of the left-turn acceleration lane at the QKH/Kaupulehu Drive intersection,lCD and HILLC recognize that the left-turn acceleration lane will provide additional safety for those vehicles exiting the projects. As such,this letter is intended to serve as KD/HILLC's commitment to assist the DOT with any commercially reasonable efforts to restripe the QKH to accommodate a new north-bound left-turn acceleration lane on QKH and the removal of an inbound deceleration lane and an outbound acceleration lane at the QKH/Ka'upulehu Drive intersection. Thank you again for meeting with us and we look forward to continued dialogue and cooperation with the DOT on addressing the traffic issues at the QKH/Kaupulehu Drive intersection. Please also feel free to contact my paralegal Jason Knable at 508-935-6644,should you have any additional questions about our pending PDO 99-42 request or if you have any other concerns that you would like us to address. Sincerely, KD Acquisition,LLLP By: ._.__ i1.+-•e A ilee: D4," fru. - Its: t4 '. Hualalai Investors,LLC c // By: 4 �./_,.,,,i Na e: - - Its: .:.. Wffl-Mr - - - 4823-0689.3170.3.060391.00002