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HomeMy WebLinkAboutCOM 0147.000 2006-2008LINDA LINGLE GOVERNOR OF HAWAII STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 3378 HONOLULU, HAWAII 96801-3378 January 30, 2007 CHIYDME LEINAALA FUKING, M.D. DIRECTOR OF HEALTH In reply, please refer to: File: WW 236 Draft Dec CL WtI70099 G'J G-! t„ f" Mr. Stephen K. Kawahara Steadfast Housing Development Corporation 677 Ala Moana Blvd., Suite 713 Honolulu, Hawaii 96813 1 ca 3 ry iiiiil; r Dear Mr. Kawahara: Subject: Variance Application No. WW 236 Docket No. 06-VWW-25 Request Variance to Allow an IWS to Service Six (6) Bedrooms 74-5079 Hanahanai Loop, Lot 61, Kona Chocho Estates Kailua-Kona, Hawaii TMK: (3) 7-4-016: 061 Please find enclosed a draft of the Decision and Order regarding the above mentioned application for variance request. We are also enclosing for your information the Findings of Fact and Conclusions of Law. If you disagree with our proposed decision, please call Mr. Harold Yee, Chief of the Wastewater Branch at our direct toll free phone 974-4000 ext. 64294, fax (808)586-4300 no later than the close of business on Friday, February 23, 2007. If we do not hear from you by the above date, the draft will be finalized. If you wish to discuss our decision and add any additional information, please call our office before the above date. Sincerely, / THOMAS E. ARIZLIMI, P.E., CH11 f� Environmental Management Division Enclosures: Draft Decision and Order Draft Findings of Fact and Conclusions of Law c: Clean Water Branch Environmental Planning Office Safe Drinking Water Branch Wastewater Branch - Kona Branch Department of Water Supply - County of Hawaii District Health Office - Hilo Hawaii County Council Comm, NO. Ref. To, Ref. Date FEB 0 7 711l{i1 STATE OF HAWAII DEPARTMENT OF HEALTH In the Matter of the Application Variance Application No. WW 236 for Individual Wastewater System Request Variance to Allow IWS to Service Six (6) Bedrooms 74-5079 Hanahanai Loop Kailue-Kona, Hawaii TMK: (3) 7-4-016: 061 Docket No. 06-VWW-25 DRAFT - SIGNATURE NOT REQUIRED DECISION AND ORDER Pursuant to Chapter 342D, Hawaii Revised Statutes, and Chapter 62 of Title 11, Administrative Rules and based upon the application and staff review, the Variance Request from the provisions of Chapter 11-62, Section 11-62-31.11(a)(1)(A) and 11-62-31.1(5) is hereby GRANTED for five (5) years with the following provisions: Plans for each IWS must be submitted to the Wastewater Branch for review and approval at the time of building permit application. In addition, the IWS must be approved in writing before it may be used. 2. The U.S. Department of Housing and Urban Development guidelines of limiting the occupancy of "client' bedrooms to one (1) person shall be strictly implemented. 3. Operation of the treatment IWS shall be checked periodically to insure proper care is being carried out to prevent any spill. 4. The development shall connect to the County sewer service system should it become available to the area. DATED: Honolulu, Hawaii, Draft - Signature NOT required. THOMAS E. ARIZUMI, P.E., CHIEF Environmental Management Division STATE OF HAWAII DEPARTMENT OF HEALTH In the Matter of the Application Variance Application No. WW 236 for Individual Wastewater System Request Variance to Allow an IWS to Service Six (6) Bedrooms 74-5079 Hanahanai Loop Kailua-Kona, Hawaii TMK: (3) 7-4-016: 061 Docket No. 06-VWW-25 DRAFT - SIGNATURE NOT REQUIRED FINDINGS OF FACT AND CONCLUSIONS OF LAW An application from Mr. Stephen K. Kawahara of Steadfast Housing Development Corporation (SHDC), Honolulu, Hawaii for a five (5) year variance from Hawaii Administrative Rules, Chapter 62 of Title 11, Section 11-62-31.1(a)91)(A) and 11-62-31.1(5) was reviewed by the Department of Health staff. A public notice of the application was printed in the December 15, 2006 issue of the Honolulu Star Bulletin and the December 18, 2006 issue of the West Hawaii Today publications. Three (3) comments pertaining to the application were received during the 30 days following the publication of the public notice. Findings of Fact Mr. Kawahara has applied for a five-year variance from Hawaii Administrative Rules (HAR), Sections 11-62-31.1(a)(1)(A) which states "For residential developments. There shall be 10,000 square feet of land area for each individual wastewater system." and 11-62-31.1(5) which states "Specific requirements for new and proposed treatment units, the following schedule shall apply to septic tank sizing, 4 or less bedrooms, 1000 gallons minimum capacity, five (5) bedrooms, 1250 gallons minimum capacity'. The applicant on behalf of SHDC No. 12 is requesting to use of an individual wastewater system (IWS) to service a six (6) bedroom (5 clients and 1 manager) building located at 74-5079 Hanahanai Loop, Kailua-Kona, Hawaii and identified as TMK: (3)7-4-016:061. The property is 8,372 square feet in size. The applicant has made the following statements. Proposed Project: SHDC No. 12 - Kona Group Home, is planning to construct a new two story residence on vacant land at 74-5079 Hanahanai Loop, SHDC # 12 - Kona Chocho Estates Variance Application WIN 236, Docket No. 06 -VW W-25 Findings of Fact and Conclusions of Law, Page 1 Kailua-Kona, Hawaii. The property is located on "Kona Chocho Estates," Unit 1, Kealakehe, North Kona, Island of Hawaii, County of Hawaii, TMK: (3) 7-4-016: 061. (Lot 61, Kona Chocho Estates Subdivision, Unit 1) The new residence will provide five (5) "client" bedrooms and one (1) manager's bedroom totaling six (6) bedrooms. SHDC No. 12, Inc. is a Hawaii private nonprofit corporation that was formed by Steadfast Housing Development Corporation, the Project sponsor, to develop, own, and operate the proposed project. Steadfast Housing provides affordable rental housing opportunities state-wide for adults with special needs. This home will house five very low income special needs adults and will be staffed by a Steadfast resident manager. This home will be used strictly for domiciliary purposes, however, off-site support services will be provided by the State of Hawaii Department of Health (DOH) Community Mental Health Center, as discussed in the enclosed DOH letter (EXHIBIT F-1 A) Funding to develop and operate this project is being provided by the U.S. Department of Housing and Urban Development (HUD) under its Section 811 Supportive Housing for Persons with Disabilities Program. As the enclosed letter from HUD (EXHIBIT F-113) states, HUD is providing a capital advance of $724,000.00 to develop the project and up to $20,500.00 per year to operate the home for five special need clients. As part of HUD's requirements, the project shall house residents of very low income (50% of median income or below) with disabilities, and must be maintained for this purposed for at least 40 years. Further, the home shall be owned by a single -asset, private nonprofit corporation. Thus, Steadfast has recently formed SHDC No.12, Inc. to serve as the Owner of the proposed home. Sponsor Backaround:(c) Steadfast Housing Development Corporation (SHDC) is a private nonprofit 501 © (3) corporation incorporated in May of 1989. The mission of the corporation is to acquire, develop, own and manage housing suitable for occupancy by persons in Hawaii have special needs. During the 17 years since it's incorporation, SHDC has acquired, manages and operates through State, Federal, and County Grants and contracts, 37 group homes, 6 condominium apartments, a 70 bed SRO apartment building and approximately 470 private sector rental units serving approximately 740 consumers. The goal of SHDC is to provide statewide housing opportunities and support services to both homeless and non -homeless persons who have special needs. To pursue all available housing options via State, Federal, County and Private sources in finding the resources that will enable the continued development, operations of these homes and the provision of necessary support services to the consumers in these homes. It is SHDC's philosophy that a safe, healthy comfortable living environment is the foundation by which the special needs population will truly benefit by rehabilitative and counseling efforts in making their lives better. 3. Variance Requested: Applicable rules affected by this variance request are Hawaii Administrative Rules, Title 11, Department of Health, Chapter 62, Wastewater Systems, Subchapter 3, Individual Wastewater Systems, § 11-62- 31.1(1(A) and § 11-62-33.1 which required 10,000 square feet of land area for each Individual Wastewater System (IWS) and 5 bedrooms or 1,000 gallons of effluent per system. SHDC # 12 - Kona Chocho Estates Variance Application WW 236, Docket No. 06 -VW W-25 Findings of Fad and Conclusions of Law, Page 2 SHDC NO. 12 is requesting the use of an IWS to service 6 bedrooms (5 clients and 1 manager) versus the required maximum of 5 bedroom units. Although it is proposed to have 6 bedrooms, Federal Guidelines for (HUD) funded projects limits the occupancy of "client' bedrooms to one (1) person. State of Hawaii DOH standards assume an occupancy of two persons per bedroom and 100 gallons per person per day. Therefore, although the project is above the 5 bedroom limit, the calculated wastewater flow based on Federal HUD limitations for this project is 700 gallons (5 clients = 500 gallons, plus mangers bedroom = 200 gallons), which does not exceed the HUD guidelines. 4. Attachment A-1: This will be a new dwelling constructed on a vacant lot equipped with an individual wastewater system capable of handling a design flow of 1,000 gallons per day. The lot is 8,372 square feet of 0.192 acres in size. There is no county sewer system in this area of Kona. The individual wastewater system will be sized with a 1,250 gallon minimum size septic tank and appropriately sized absorption bed to handle the anticipated wastewater flows. 5. Attachment B-1: The proposed 5 bedrooms and one managers room, 6 rooms total, is above the 5 bedroom maximum requirement for a single IWS. Attachment C-1: Not Applicable. Attachment D-1: The IWS will be designed and constructed to process all the wastewater generated from this dwelling so that there will be no adverse impact to the environment. Granting the variance will allow the care home to be built and utilized by the Kona special needs community. 8. Attachment D-2: The IWS will be designed to process all of the generated wastewater from this dwelling and the installation of the IWS will conform to all State Department of Health Wastewater Division and County of Hawaii regulations and therefore no adverse impacts to human health or safety are anticipated. 9. Attachment D-3: As noted in Attachment I, the proposed project will provide needed additional housing for the special needs in the Kona area where accommodations of this kind are in very short supply. The granting of this variance will assure that this project will proceed and actually become a benefit to the community, whereas no benefit would be realized if this project is not completed. The serious hardship would be felt by the special needs persons who are left without a decent and appropriate place to stay. 10. Attachment E-1: We are requesting the maximum of 5 years for this variance since it is not known when the County of Hawaii will be able to provide a municipal sewer system in this area which would service this lot. The County of Hawaii does not currently have a timetable for municipal sewer improvements in this subdivision or immediate vicinity. SHDC # 12 - Kona Chocho Estates Variance Application WW 236, Docket No. 06 -VW W-25 Findings of Fad and Conclusions of Law, Page 3 Plot plans and copies of various letters are attached to this application for variance but can not be shown here The following agencies submitted the following comments: The Clean Water Branch submitted the following comment: Have no objection to the granting of this variance application. 2. The Safe Drinking Water Branch submitted the following comments: A. The project site is situated "mauka" or above the Underground Injection Control (UIC) line. Therefore, the property overlies or recharges a potential underground source of drinking water. Hawaii Administrative Rules (HAR) Title 11, Chapter 23, Underground Injection Control, prohibits new sewage injection wells above the UIC line; and B. We have no objection to the granting of a variance for the lot size. But we recommend rejecting the variance request for the bedroom amount unless strict control assures that the facility's wastewater daily flow remains equivalent to a five -bedroom residence. Please contact Mr. Jamie Rimando at telephone (808)586-4258 if you have any questions. 3. The Wastewater Branch states that there is no existing sewer service system available for connection and therefore recommends the granting of this variance application with the following conditions: A. Plans for each IWS must be submitted to the Wastewater Branch for review and approval at the time of building permit application. In addition, the IWS must be approved in writing before it may be used. B. The U.S. Department of Housing and Urban Development guidelines of limiting the occupancy of "client" bedrooms to one (1) person shall be strictly implemented. C. Operation of the treatment IWS shall be checked periodically to insure proper care is being carried out to prevent any spill. D. The development shall connect to the County sewer service system should it become available to the area. Please contact the Planning & Design Section of the Wastewater Branch at (808) 586-4294 if you have any questions. SHDC # 12 - Kona Chocho Estates Variance Application WW 236, Docket No. 06 -VW W-25 Findings of Fact and Conclusions of Law, Page 4 Conclusions of Law Chapter 342D, Hawaii Revised Statutes, Section 342D -7(c), states that no variance shall be granted by the Department unless the application and supporting information clearly show that: The granting of the variance is in the public interest as defined in the Hawaii Revised Statutes, Section 342D -6(c)(4). 2. The granting of this variance will not substantially endanger human health or safety. 3. Compliance with the rules, regulations or standards from which the variance is sought would produce serious hardship without equal or greater benefits to the public. Based upon the foregoing findings of fact, it is concluded that the above requirements have been met. Comment and Recommendation Based upon the foregoing findings of fact and conclusions of law, it is my recommendation that the variance request be GRANTED for five (5) years with the following conditions: Plans for each IWS must be submitted to the Wastewater Branch for review and approval at the time of building permit application. In addition, the IWS must be approved in writing before it may be used. 2. The U.S. Department of Housing and Urban Development guidelines of limiting the occupancy of "client" bedrooms to one (1) person shall be strictly implemented. 3. Operation of the treatment IWS shall be checked periodically to insure proper care is being carried out to prevent any spill. 4. The development shall connect to the County sewer service system should it become available to the area. DATED: Honolulu, Hawaii, Draft - Signature NOT required THOMAS E. ARIZUMI, P.E., CHIEF Environmental Management Division The foregoing findings of fact and conclusions of law are hereby adopted. SHDC # 12 - Kona Chocho Estates Variance Application WW 236, Docket No. 06 -VW W-25 Findings of Fact and Conclusions of Law, Page 5 Transmittal Date: a( , S ense Date: Kv Z51 Wastewater Branch Variance Application Docket No. Q0 - VWW - _ APP • WW Name/Title: S R CO )1 - KWO 6i10CVIfD & Sub}eft Draft Decision Letter with Decision & Order and Findings of Fact & Conclusions of Law ROUTE TO: HG11UN If you have comments or corrections to the DRAFT Decision & Order, please submit them in writing on a separate sheet. Otherwise, please file or discard at your discretion. Otherwise, keep for your records or discard. The SIGNED FINAL Decision & Order will be forthcoming. If there are comments, send to: Mr. Harold Yee, Chief, Wastewater Branch 919 Ala Moana Blvd. Room 309 Honolulu, Hawaii 96814-4920 phone (808) 586-4294 fax (808) 586-4300. Received by W WB // 2006 variance route slip - draft decisiondoc as of 06/15/2006 vww Director of Health - Chi orae Leinaala Fukino D Director for Environmental Health Administration - Laurence Lau Chief, EMD - Thomas & Arisumi Attorney General's Office, AG Mark Bennet, De Mark McConnel, Deputy Bill Cooper Clean Water Branch- Pei»s-1xm n Environmental Planning Office - Kelvin S da Safe Drinldng Water Branch - Stuart Yamada Sanitation Branch - Commercial Properties Only Wastewater Branch Staff Personnel �>Q Kona - Dane Hiromasa (TMKs 9, 6, 7, 9, 9) [ ] Hilo - Jerry Nunogawa (TMK91, 2, 3, 4) [ 1 Kauai - [ 1 Maui - Roland Tejano [ ] Oahu - Johnnij On Water Departments [ ] Board of Water Supply - Clifford Lum [><County of Hawaii Dept of Water Supply - Milton Pavao,, [ ] County of Maui Dept of Water Supply - George Y. Tengan [ ] Kauai Count Department of Water - Edward Ts "u I 1 District Health Office - Maui - Herbert Matsubayasht Chief Sanitarian [ ] District Health Office - Kauai - Clyde Takekuma, Chief Sanitarian District Health Office - Hilo - Aaron Ueno, Chief Sanitarian City & County of Honolulu, Department of Planning & Permitting County of W6(! Council Oahu Neighborhood Board e HG11UN If you have comments or corrections to the DRAFT Decision & Order, please submit them in writing on a separate sheet. Otherwise, please file or discard at your discretion. Otherwise, keep for your records or discard. The SIGNED FINAL Decision & Order will be forthcoming. If there are comments, send to: Mr. Harold Yee, Chief, Wastewater Branch 919 Ala Moana Blvd. Room 309 Honolulu, Hawaii 96814-4920 phone (808) 586-4294 fax (808) 586-4300. Received by W WB // 2006 variance route slip - draft decisiondoc as of 06/15/2006 vww