HomeMy WebLinkAboutRES 694 Daft 01 2018-2020PC -28 August 18, 2020
STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS
COMMUNICATIONS
Comm. 1027: APPOINTMENT OF BARBARA DEFRANCO TO THE LEEWARD PLANNING
COMMISSION
From Mayor Harry Kim, dated July 31, 2020, submitting for the Council's review
and confirmation.
Requires Council
Confirmation by: September 13, 2020 (Section 13-4(1),
Hawaii County Charter)
RECOMMENDED CONFIRMATION
Ayes: Committee Members Chung, David, Eoff,
Richards, Villegas, and Chair Kierkiewicz — 6.
Noes: None.
Absent: Committee Members Kaneali`i-Kleinfelder, Lee Loy,
and Poindexter — 3.
Excused: None.
ORDER OF RESOLUTIONS
Res. 694-20: AMENDS A RESOLUTION AUTHORIZING THE EXEMPTION OF CERTAIN
CODE REQUIREMENTS, PURSUANT TO SECTION 2011-1-38 OF THE HAWAII
REVISED STATUTES, FOR WEST HAWAII SENIOR LIVING IN NORTH
KONA, HAWAII, COVERED BY TAX MAP KEY 7-5-017:005
Kuakini Highway 75-6099 Corp. seeks exemptions from Condition C and
Condition P of Ordinance No. 06-78 and exemptions from certain permit and
inspection fees and parking requirements to develop affordable senior housing and
care campus rentals.
Reference: Comm. 1013
Intr. by: Ms. Kierkiewicz (B/R)
Postponed: August 4, 2020
(Note: There is a motion by Ms. Lee Loy, seconded by Mr. Chung, to recommend
adoption of Res. 694-20.)
WITHDRAWN BY INTRODUCER
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RESOLUTION NO. 694 20
AMENDING A RESOLUTION AUTHORIZING THE EXEMPTION OF CERTAIN
CODE REQUIREMENTS, PURSUANT TO SECTION 24111-38 OF THE HAWAII
REVISED STATUTES,FOR WEST HAWAII SENIOR LIVING IN NORTH KONA,
HAWAII, COVERED BY TAX MAP KEY(3) 7-5-017:005.
WHEREAS, on March 7, 2014, the Hawaii County Council adopted Resolution 281-14
(Draft 2) authorizing the exemption of certain code requirements,pursuant to Section 20111-38
and Section 46-15 of the Hawaii Revised Statutes ("HRS"), for West Hawaii Senior Living in
North Kona, Hawaii, covered by Tax Map Key (3) 7-5-017:005 consisting of 14 acres (the
"Property"); and
WHEREAS,HRS Section 20111-38 allows the County, with approval of the County
Council, to exempt affordable housing projects from certain code and zoning requirements to
facilitate the development of such projects; and
WHEREAS,the Property was originally rezoned by Ordinance No. 281-14 for multiple-
family residential use; and
WHEREAS,KUAKINI HIGHWAY 75-6099 CORP., the current owner and developer
of the Property ("Owner"), has changed the scope of the plans and is now developing senior
housing and care campus on the Property in up to three phases consisting of: (a) an assisted
living/memory care facility for about 101 residents ("AL/MCF"); (b) a skilled nursing facility for
about 155 residents (the "SNF"); and (c) employee housing accommodations for employees of
the AL/MCF and SNF to the extent sufficient water capacity is available to the Property (the
"EMPLOYEE HOUSING"and, together with the ALIMCF and the SNF, collectively, the
"Development"); and
WHEREAS,the allocation of AL/MCF and SNF rental residential accommodations and
Employee Housing set forth in the immediately preceding paragraph supersedes the allocation
set forth in Resolution 281-14 and the AL/MCF and SNF rental residential accommodations may
be adjusted by 20 percent plus or minus; provided, however, that the Development and specific
accommodation mix shall at all times be subject to applicable density and zoning restrictions;
and
WHEREAS,no less than 50 percent of the total residential accommodations at the
Development will be affordable in accordance with HRS Section 201H-38; and
WHEREAS,the Development is subject to the conditions of approval for Ordinance No.
06-78 and Resolution No. 281-14, and Owner has requested that the County exempt the
Development from certain additional conditions of Ordinance No. 06-78 as well as certain
Hawaii County Code requirements; and
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WHEREAS, the Development will promote the goals contained in HRS Section 201H-
38 and Chapter I 1 of the Hawaii County Code; and
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WHEREAS, if, for any reason,this project is not constructed on the Property, all
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conditions of Ordinance No. 06-78 shall thereafter be in effect for the Property.
NOW, THEREFORE,BE IT RESOLVED BY THE COUNCIL OF THE COUNTY
OF HAWAII, that the additional exemptions requested for the Development, attached hereto as
"Exhibit A," are hereby approved. For reference, "Exhibit B" is a comprehensive listing of all
exemptions applicable to the Development including the additional exemptions approved
pursuant to this resolution.
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BE IT FURTHER RESOLVED, that a copy of this resolution be transmitted to the
Office of the Mayor, the Department of Finance, Planning Director and Housing Administrator
of the County.
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BE IT FINALLY RESOLVED, that this resolution shall take effect immediately.
Dated at , Hawai`i, this day of 2020.
INTJZDD CED
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6OfN
CIL MEM ER, COUNTY OF AWAI`I
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COUNTY COUNCIL ROLL CALL VOTE
County of Hawaii AYES NOES ABS EX
Hilo, Hawaii CHUNG
DAVID
I hereby certify that the foregoing RESOLUTION was by EOFF
the vote indicated to the right hereof adopted by the COUNCIL of the KANEALI`I-KLEINFELDER
County of Hawaii on
KIERKIEWICZ
LEE LOY
ATTEST: POINDEXTER
RICHARDS
VILLEGAS
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Reference:
C-1013/PC
COUNTY CLERK CHAIRPERSON&PRESIDING OFFICER RESOLUTION NO. G94 20
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EXHIBIT"A"
HRS § 20111-38 CURRENT EXEMPTION REQUESTS
1. Exemption from Condition C of Ordinance 06-78, construction time requirements.
2. Exemption from Condition P of Ordinance 06-78, submission of a flood study as long as no
structure is built in the as long as the floodway is not disturbed.
3. Exemption from Condition V of Ordinance 06-78,park site requirement.
4. Exemption from Section 10-11, HCC, grading and grubbing permit fees, stockpiling permit
fees as well as any related inspection fees.
5. Exemption from Section 25-4-51, HCC, required number of parking spaces. The standard 78
parking stalls shall be reduced to 50 parking stalls in connection with the skilled nursing facility.
No exemption from parking stall requirements will be sought for the other components (assisted
living/memory care facility and employee housing) of the Development.
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EXHIBIT"B"
HRS § 201 H-38 EXEMPTIONS (COMPREHENSIVE LISTING)
1. Application fees: Chapter 5 of the Hawaii County Code Exemption from the building permit
fee required under Sections 5-31 and 5-35.
2. Grubbing Permit: Chapter 10 of the HCC, Exemption from the requirement to obtain a new
grubbing permit and instead, reinstate expired grubbing permit No. 091728, provided the
owner/developer complies with the current HRS Chapter 6E-42 prior to the commencement of
grubbing work. Condition X of Ordinance No. 06-78 shall remain in full force and effect.
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3. Use Permit Submission: Section 25-2-61, HCC. Applicability; use permit required. Exemption
from the requirement for a use permit. The West Hawaii Senior Living project is considered a
permitted use on the subject property.
4. Building Height: Sections 25-4-20 and 25-5-33, HCC: Exemption from the maximum building
height limit of 45 feet in the RM district to allow a maximum building height of 48 feet.
5. Ordinance 06-78 Condition W: Exemption from the first sentence of Condition W, and
replaced with the following sentence: "The applicant, its successors, and assigns shall be
responsible for the cost of any sound abatement measures to reduce sound within the project."
Exemption from the following language contained in Condition W: "This property was rezoned
on the condition that if noise abatement measures between the Parkway and adjacent residences
in this project must be taken to qualify the Parkway project for federal funding, the residential I
owners would be required to pay for the noise abatement," and replaced with the following
sentence: "This property was rezoned on the condition that the development's property owner(s),
successors, and assigns shall be responsible for the cost of any sound abatement measures to
reduce sound within the project." The remainder of Condition W shall remain in full force and
effect.
6. Ordinance 06-78 Condition Y: Exemption from Condition Y regarding Fair Share
Contribution.
7. Ordinance 06-78 Condition Z: Exemption from Condition Z regarding a requirement to pay
impact fees should the County Council adopt a Unified Impact Fees Ordinance.
8. Ordinance 06-78 Section 1: Exemption from the Multiple-Family Residential (RM-2.5) zoning
district to allow the Multiple-Family Residential (RM-2) zoning district because of the additional
cost of land to meet the 2,500 square feet per unit required under the RM-2.5 zoning district.
9. Kona Community Development Plan, September 2008 (KCDP), Policy LU-2.8: Exemption
from concurrency requirements of Policy LU-2.8 of the KCDP and Section 25-2-46, HCC.
10. Ordinance 06-78 Condition H: Exemption from Condition H and replaced with the following
Condition H: If the project is built before the portion of the Kahului to Keauhou Parkway
(Parkway) is built through the subject property, the project may access Kuakini Highway at a
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location meeting with the approval of the Department of Public Works. Any unrestricted
approach to Kuakini Highway shall include dedicated left-turn and refuge-storage lanes on
Kuakini Highway. Should the applicant choose to locate an unrestricted access on Kuakini
Highway at the future intersection of the Parkway, the access driveway shall be built on the
Parkway alignment and to specifications that can be used as a portion of the Parkway when the
Parkway is built, meeting with the approval of the Department of Public Works. A secondary
access shall be provided to Kuakini Highway and restricted to right-out only unless otherwise
approved by the Department of Public Works. Upon completion of the Parkway, the project shall
access the Parkway at location(s) and with movement restrictions meeting with the approval of
the Department of Public Works and any existing approach on Kuakini Highway shall be
restricted to right-out only unless otherwise approved by the Department of Public Works. The
applicant shall be required to provide a Traffic Circulation Plan meeting with the Department of
Public Works, showing the future proposed access to the Parkway and Kuakini Highway,
including how any required movement restrictions will be implemented, with any application for
Plan Approval. Access improvements shall be constructed at no cost to the County and may
consist of, but not be limited to, pavement widening, drainage improvements and relocation of
utilities meeting with the approval of the Department of Public Works.
11. Ordinance 06-78 Condition C: Exemption from the construction time requirements of
Condition C of Ordinance No. 06-78.
12. Ordinance 06-78 Condition P: Exemption from the flood study submission requirement of 3
Condition P of Ordinance No. 06-78.
13. Ordinance 06-78 Condition V: Exemption from park site requirement of Condition V of
Ordinance No. 06-78.
14. Grading and Grubbing Permit Fees: Section 10-11, HCC: Exemption from any grading,
grubbing or stockpiling permit fees as well as any related inspection fees imposed under Section
10-11, HCC.
15. Required Number of Parking Spaces: Section 25-4-51, HCC: Exemption from the standard
required number of parking stalls for the skilled nursing component of the Development. 50
parking stalls rather than the standard 78 parking stalls shall be required in connection with the
skilled nursing facility. No exemption for the parking stall requirement for the other components
(assisted living/memory care facility and employee housing) of the Development.
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