Loading...
HomeMy WebLinkAboutRES 281 Draft 01 2012-2014 COUNTY OF HAWAII • �"':''�t •`- STATE OF HAWAII 'ATE Cf•N'•N RESOLUTION NO. 281 14 RESOLUTION AUTHORIZING THE EXEMPTION OF CERTAIN CODE REQUIREMENTS, PURSUANT TO SECTION 201H-38 AND SECTION 46-15 OF THE HAWAII REVISED STATUTES FOR THE WEST HAWAII SENIOR LIVING IN NORTH KONA, HAWAII COVERED BY TAX MAP KEY (3) 7-5-017:005 WHEREAS, on June, 01, 2006, Change of Zone Ordinance 78 became effective, changing the district classification from agricultural (A-5a) to multiple-family residential (RM- 2.5) on the parcel covered by Tax Map Key (3)7-5-017:005. WHEREAS, Integra Realty Resources, Inc., has performed a Phase 1 Market Study and Rate Analysis showing the County of Hawai`i has an unmet demand for skilled-nursing of 463 beds and an unmet demand for assisted living of 438 beds. WHEREAS, West Hawai`i Health, LLC is the tenant and developer of the 14-acre parcel and has secured sufficient water commitments for the project to move forward for the ninety-six (96) assisted living residences, one-hundred-sixty(160) skilled nursing and long-term care residences and thirty-five (35) employee housing apartments. One-hundred-forty-seven (147) of the two-hundred-ninety-one (291) housing units of the total project, will be affordable in accordance with Section 201 H of the Hawai`i Revised Statues (HRS); and WHEREAS, West Hawai`i Health, LLC, members have responsibly developed and constructed assisted living facilities on Maui and Oahu. The operation of West Hawai`i Senior Living will be by Covenant Retirement, a 125-year old faith-based non-profit organization operating in more than 15 communities across the country. WHEREAS, West Hawai`i Health, LLC will satisfy the affordable housing requirements of West Hawai`i Senior Living (formerly Lava Kuakini) by providing twenty four(24) units affordable to families earning less than sixty percent of median income, eighteen (18) units affordable to families earning below eighty percent of median income, and one-hundred-five (105) units to be affordable to families earning less than one-hundred percent of median income; and WHEREAS, HRS Section 201 H-38, in conjunction with HRS 46-15.1, allows the County, with approval of the County Council, to exempt low-income housing projects from certain code requirements to facilitate the development of the project; and WHEREAS, West Hawai`i Health, LLC has requested that the County exempt the property from certain code requirements to help reduce the cost of producing the affordable housing; and WHEREAS, the project will promote the goals contained in Section 201H-38 of the HRS, and Chapter 2, Article 13, of the Hawai'i County Code. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, that the exemptions requested for the Property attached hereto as "Exhibit A" are hereby approved. BE IT FURTHER RESOLVED, that a copy of this resolution be transmitted to the Planning Director and Housing Administrator of the County. BE IT FURTHER RESOLVED, that this resolution shall take effect immediately Dated at , Hawai`i, this day of , 2014. INTRODUCED BY: / IT COUNCIL MEMl7LB , COUNTY OF HAWAI`I COUNTY COUNCIL ROLL CALL VOTE County of Hawai`i AYES NOES ABS EX Hilo, Hawai`i EOFF FORD I hereby certify that the foregoing RESOLUTION was by ILAGAN the vote indicated to the right hereof adopted by the COUNCIL of the KANUHA County of Hawaii on KERN ONISHI ATTEST: POINDEXTER WILLE YOSHIMOTO Reference: C-630/HSSSC COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER RESOLUTION NO. - 2 gj. ici EXHIBIT A 201-H EXEMPTION REQUESTS 1. Application fees: In order to meet the affordable housing pricing goals,we are requesting exemption from various fees. a. Building permit b. Waste water connection fee c. Water department facilities charge 2. Grubbing Permit: Chapter 10 of the Hawaii County Code DPW is requiring a New Grubbing Permit for TMK (3) 7-5-017:005 lot 3A. We are requesting the DPW honor grubbing permit #091728 issued on 2/28/07. We are prepared to comply with the terms of the previously issued permit and the terms of article X of ordinance number 06-728. We are requesting an exemption from this requirement as this would create unnecessary delays that will impact funding. 3. Use Permit Submission: Section 25-2-61. Applicability; use permit required. (a) The following uses shall be permitted within designated County zoning districts only if a use permit is obtained for the use from the commission: (6) Group living facilities that exceed the criteria in subsection 25-1-5(b), paragraph (b) of the definition of"group living facility" in the RS, RD, RM, RCX, RA, FA,A, CN, CG, CV, and V districts. We are requesting an exemption from this requirement as this would create unnecessary delay that would have a significant negative impact on the project the cost of the affordable units to the seniors. It would also duplicate work for county employees and the County Council. We are complying with the requirements through this process by serving notice to the surrounding owners of record, holding public hearings and meeting directly with County Council Members. 4. COH Zoning Code Chapter 25-4-20 and 25-5-33, Building Height: Section 25-4-20. Height; general rules. a) No building or structure hereafter erected shall exceed the established zoning district height limit, except as hereinafter permitted or otherwise regulated. Section 25-5-33. Height limit. a) In areas in the County outside of the City of Hilo, the height limit in the RM district shall be forty-five feet. We are requesting that the height limit be raised from 45' to 60' for the four-story assisted living building. The increase will allow for a more architecturally appealing building from the outside and inside. The assisted living building is on the lower part of the property. The slope of the property and position the building are such that this increase in height limit will not block views of adjoining properties. 5. Ordinance 06-78 Article H: We are requesting exemption from provisions of Article H specifying access to the project from the to-be-built Kahului to Keauhou Parkway. Instead we are proposing to install and maintain access to the project as per the site plan submitted by WestSound Engineering (See attachment) and as per the recommendations included in the traffic study submitted by WestSound Engineering. The improvements as detailed will include a dedicated left turn storage lane and necessary drainage improvements as per the WestSound Engineering Drawings. We wish to be exempted from further construction of access to the Parkway following its completion. Instead we are going to rely on the access from Kuakini Hwy as detailed the WestSound Engineering Documents Submitted. We are requesting this change because Article H stipulates access from a road that does not yet exist and for which there is not yet a timeline. 6. Ordinance 06-78 Article W: Article W requires the project to be responsible for payment of any cost associated with noise abatement measures that may be required in the future for the Kahului to Keauhou Parkway. We are asking for exemption from this article because it is an unsustainable additional cost to the senior's affordable living project. We will release the county from any responsibility for noise abatement upon the construction of the Highway. 7. Ordinance 06-78 Article Y: The total number of affordable units is 147. The ordinance calls for each unit to be assessed a charge of$9,991.00 as an impact fee. This would be a total charge to the project of$1,468.677. The ordinance also states that the project is to be given credit for the value of any J, land contributed to the Ali'i Parkway Connector Road as well as open access land area. Total acreage of this land area is 6.53. The land is appraised at $5.00 per square foot. Consequently, the project is contributing$1,416,000 in offset land value per the terms of the ordinance. Total stated impact fee charge for 147 affordable units is $1,468,677. Balance due for impact fees after deducting the offset land value would be $52,677. We are requesting that this amount of the impact fees be waived in support of the affordable housing. 8. Ordinance 06-78 Article Z: We are requesting exemption from article Z, which requires the project to pay a Unified Impact Fee should the county enact said ordinance. At this time there is no Unified Impact Fee Ordinance. In an effort to keep the cost of housing and services as low as possible,we would request exemption in the future should one be enacted. 9. Ordinance 06-78 Section 1: The district classification of the following areas situated at Kahului 1st, North Kona, Hawaii, shall be Multiple-Family Residential (RM 2.5). RM 2.5 requires 2500 sq. ft. per rentable unit. Under Section 25-5-31 of the COH Zoning Code. Designation and density of RM districts, article (c), The maximum density designation in the RM district shall be .75 or seven hundred fifty square feet of land area per dwelling unit or separate rentable unit. We are requesting exemption from the RM 2.5 designation to be replaced with an RM .75 density designation. We are requesting this because the additional cost of land to meet the 2500 square feet per unit will make this project unfeasible. The existing land supports the .75 density. (Note: the population density of this project which is primarily 1 bed per unit will be far less than the 2.35 people per the 212 units originally approved for this site.) 10. COH Zoning Code Chapter 25-4-51, Required number of parking spaces. (a) The number of parking spaces for each use shall be as follows: (6) Dwellings, multiple-family: one and one quarter for each unit. In the CDH district, one for each unit II on a property maintaining a unit density higher than one thousand square feet of land area per a rentable unit or dwelling unit. (16) Nursing homes, convalescent homes, rest homes and homes for the elderly: one for every two beds. We are requesting that all Assisted Living and Skilled Nursing parking be counted under article A(16) instead of A(6). National statistics show that less than 5% of all assisted living residents and none of the skilled nursing residents have vehicles.