HomeMy WebLinkAboutCOM 0630.002 2012-2014 �----IitYOfk
, Stephen J.Arnett
^ ` �Iii,
2, Housing Administrator
William P.Kenoi • .;4‘.-� — i*
Mayor : -_-�s+t :
- -- Susan K.Akiyama
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t•.• +•.••♦ . Assistant Housing Administrator
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(IountUs of Pa afl
(Offi re of ixiitsing an Cummunitu !Itxpment
50 Wailuku Drive • Hilo,Hawaii 96720 • (808)961-8379 • Fax(808)961-8685
KONA: 74-5044 Ane Keohokalole Highway • Kailua-Kona,Hawaii 96740
(808)323-4305 • Fax(808)323-4301
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January 29, 2014
J Yoshimoto, Council Chair and ,
Members of the Hawai'i County Council
Hawaii County Council
25 Aupuni Street `9
Hilo, Hawai'i 96720 ° = -
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SUBJECT: COMMUNICATION NO. 630
BACKGROUND INFORMATION FOR 201H EXEMPTION REQUEST
FOR WEST HAWAII SENIOR LIVING. TAX MAP KEY: (3) 7-5-017:005
HUMAN SERVICES AND SOCIAL SERVICES COMMITTEE METTING
To facilitate the expedited review of the requested 201 H exemptions for West Hawaii
Senior Living, the following are enclosed:
• Explanation of 201 H process
• OHCD review timetable
• Final exemption request
• Department meeting notes: 01/27/2014
• Original exemption request
• Department comments
• Community meeting notes: 12/10/2013
• Drawings
• Project background
• Ordinance 06-78
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EQUAL HOUSING OPPORTUNITY
"HAWAI'I COUNTY IS AN EQUAL OPPORTUNITY
PROVIDER AND EMPLOYER"
J Yoshimoto
January 29, 2014
Page 2
If there are any questions, please do not hesitate to contact Steve Arnett from the Office
of Housing and Community Development at 961-8379.
41,1
S Arne
Housing Administrator
Enclosures
c: Amy Self, Corporation Counsel
Explanation of 201H Process
Chapter 201 H, HRS, authorizes the Hawaii Housing Finance and Development Corporation to
develop or assist in the development of housing projects which are exempt from certain statutes,
ordinances, charter provisions, and rules of any governmental agency relating to planning,
zoning, construction standards for subdivisions, development and improvement of land, and the
construction of units thereon provided that:
• The project primarily or exclusively includes affordable housing units;
• The Corporation finds that the project meets minimum requirements of health and
safety; and
• The development of the project does not contravene any safety standards, tariffs, or
rates and fees approved by the public utilities commission for public utilities or
various Boards of Water Supply.
The 201H expedited processing tool provides for greater design flexibility and cost
savings for affordable housing projects. The HHFDC establishes its affordability threshold for
projects as those projects that primarily are affordable to households with incomes at or below
140% of area median income. County governments have similar powers, and county
governments establish their own affordability threshold criteria, which differ from the state's
affordability level of serving households with incomes at or below 140%. [In Hawaii County
projects must comply with the income and sales requirements of Chapter 11 of the Hawaii
County code]
The particular exemptions requested through the 201H process are generally processed
through the appropriate county agencies. For most developments, the county agencies will
accept and process 201H applications. Developers are encouraged to begin the 201H process by
first contacting the appropriate county:
• County of Hawaii, Office of Housing and Community Development;
• City and County of Honolulu, Department of Planning and Permitting;
• Kauai County, Office of Community Assistance, Housing Agency; or
• Maui County, Department of Housing and Human Concerns.
Occasionally, a county denies a 201H expedited processing request. If the project
meets the state's eligibility criteria, the developer may apply to HHFDC for 201H expedited
processing. HHFDC requires that the developer conduct at least one public meeting to solicit
community input on the proposed project.
Threshold Requirements for Applications to HHFDC
These are the threshold requirements for HHFDC acceptance of an application for review
for 201H expedited processing:
a. Developer has site control.
b. Developer provides an explanation as to why the request is not being processed
through the county process.
Explanation of 201H Process
Page 2
c. Developer provides description of the project and percent of affordable units. The
state currently requires that a 201H expedited processing project primarily or
exclusively include housing units affordable to households with incomes at or below
one hundred forty per cent of the median family income. The current income limits
are available on the HHFDC website, http://www.hawaii.gov/dbedt/hhfdc. [ The
current income limits for Hawai`i County are at: http://www.hawaiicounty.gov/office-
of-housing/ ]
d. Developer acknowledgement that affordable units will be subject to HHFDC buyback
and shared appreciation. [In Hawai`i County affordable units will be subject to County
buyback.
e. Submittal of an approved EA (if an EA is required) or an equivalent document is a
threshold requirement for any one of the following conditions:
• A project is equal to or greater than 15 acres,
• The project will rely on non-public sewer or water systems
West Hawaii Senior Living
201H Exemption Request
OHCD Review Timetable
County issued Ordinance 06-78 06/01/2006
Affordable Housing Agreement with County of Hawai'i 12/12/2006
Developer request for 201H Application 11/08/2012
Request for 201H Exemption 10/23/2013
OHCD 201H Review Initiated to confirm meets requirements 10/23/201
1st County Departments Meeting - OHCD: 11/09/2013
Community Meeting at West Hawaii Civic Center 12/10/2013
201H Exemptions for Dept Comment: 01/07/2014
2nd County Deparment Meeing— WHCC — DPW 01/27/2014
201H Comment Period Deadline 01/31/2014
Human Services and Social Services Committee Meeting 02/04/2014
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WHSL County Council Meeting Notes 1-27-14
Terry Dunlap
• Concern about view planes
• Concern about 65
• They believe that building is under 45 feet
• If we want it to be over 45 feet need a variance
• Will ask for a study
• Terry,"Would hand grubbing kill the project?"Bruce,"Yes,it's a job killer."
• Terry suggested council discuss it with Mike.
• Will need landscape plan
• ADA
• Loading zone
• Accessibility
Fair Share
• See notes
Density
• RM 2.0
• They don't have a problem
Parking no exemption
• Exemption-concurrency-can't meet concurrency
• Dru-Asked for comments
Fire
• Question about number of exits
• Confirmed it would have sprinklers
• Need a fire road
• 300 feet from where fire trucks can park
• Drop road in the back
• Access to the rear.Does not have to be paved
• In case of fire,need to get ladder trucks closer on 4 story building
West awaii
Senior l wing
Neil Erickson
• Questioned on calculating area
• Maximum amount of area
• Hardened exterior-Do we need an exemption
• Need calculation
• Questions about arch
Engineering
• Asked to see the old grubbing permit
Discussion
• We will do an AIS
• We are just asking for mechanical grubbing
• Karen asked if council has authority
• Alan will talk HHFD on concurrence
• Can add into resolution that we must follow AIS but want to compromise on
Meric
• Road
• Agreed that his understanding
Disabilities Commission
• State
• Could be time consuming
Signage
• Building Division
11041
Senior lying
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EXHIBIT A
201-H EXEMPTION REQUESTS
1. Application fees: We are requesting exemption from the following permit, connection and
facilities charges.
a. Building permit
b. Waste water connection fee
c. Water department facilities charge
West Hawaii is a senior affordable housing project and as such every area where building costs
can be reduced without impacting the quality of the project is important. Reducing construction
costs will reduce the final cost to residents.
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 Condition X of ordinance number 06-728.
We are also prepared to pay for and honor an AIS study as requested by SHPD.
We are requesting an exemption from the requirement to hand grub the site as this would add
unsustainable costs and 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.
(7) Hospitals, sanitariums, old age, convalescent, nursing and rest homes, and other similar uses
devoted to the care or treatment of the aged, the sick o, or the infirm in the RS, RD, RM, RCX, RA,
FA,A and V districts, provided that a minimum building site area of ten thousand square feet shall
be required with the RS, RD, RM, RCX, and RA districts.
We are requesting an exemption from separate filing for a conditional use permit as filing
separately 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
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enior wing
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 48' for the three-story (with
daylight basement) 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 Condition H:
We are requesting exemption from provisions of Condition 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 Condition H stipulates access from a road that does not yet
exist and for which there is not yet a timeline.
6. Ordinance 06-78 Condition W: Condition 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 Condition 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. Sound control
2
West awaii
Senior lying
measures are being contructed into the facilities.
7. Ordinance 06-78 Condition 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 Fair Share Contribution.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 land contributed to the Ali'i Parkway Connector Road. Total square footage of
this land area is 165,000. The land is appraised at$5.00 per square foot.
Consequently, the project is contributing$825,250 in offset land value per the terms of the
ordinance. Total stated Fair Share Contribution for 147 affordable units is $1,468,677. Balance due
for impact fees after deducting the offset land value would be$643,427.We are requesting that
this amount of the Fair Share Contribution be waived in support of the affordable housing.
Additionally, by providing assisted living and skilled nursing resources to 268 seniors who would
otherwise be living in situations without adequate support, this project will reduce demand on
emergency resources including police, fire, search and rescue, ambulance, emergency room and
acute care beds. Additionally it will reduce demand in resources designed for seniors supported
by the county including transportation, meals, recreation and more. If each of the 260 residents
had 3 emergency calls per year at$1000 per call, the total cost to the county, at$1000 per call
would be $7.8 million dollars over a 10-year period.
8. Ordinance 06-78 Condition Z: We are requesting exemption from Condition 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,
Condition (c), The maximum density designation in the RM district shall be 2 or two thousand
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-2 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 RM-2 density designation. (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 approved in Ordinance 06-76 condition Y.)
10. Chapter 16, Policy LU-2.8Planning, of the Hawaii County Code with respect to one or more
requirements of the Kona Community Development Plan (Kona CDP), and in particular, the
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concurrency requirement. Policy LU-2.8 of the Kona CDP (see page 4-45), pertaining to the lands
with existing zoning within the Kona Urban Area as is the subject property, provides that any
project developed under easing zoning is subject to various requirements includes those for Parks,
Affordable Housing,Street Standards,wastewater and Concurrency.
We are asking for exemption from any requirement for parks, additional affordable housing, street
standards or wastewater, as the project is a senior affordable housing project with park and
recreation facilities built in for the residents. Additionally, and we are already donating land for a
road.Any additional requirements would be an unsustainable cost to the project.
This property is located within Concurrency Zone "L",which requires the construction of Kahalui
- Keauhou Parkway and Lako Street before the development of any project located within this
concurrency zones.
We are requesting exemption from the concurrency requirement as it would create an
unsustainable delay, and any associated fees would be an unsustainable cost.
4
Original exemption request as
submitted to county departments
est awaii
Senior riving
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:
7
Original exemption request as
submitted to county departments
awaii
l s$
Senior riving
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 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
8
Original exemption request as
submitted to county departments
We s awaii
Senior iving
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 2 500 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 on a property maintaining a unit density higher than one thousand square feet of
land area per 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.
9
Prior Exemption Request
Submitted: 10/23/2013
[OHCD & informal review]
W
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Senior riving
201-H EXEMPTION REQUESTS
1. G.E.T. Under 201 H Statutes, G.E.T is to bo oxompt on construction and dovolopmont
costs as well as oporation of facii+ty. Romoving tho G.E.T. obligation during construction
will help tho projoct moot tho affordable housing pricing goals. Exemption of G.E.T. daring
2. Real Property Tax. Exemption from the real property tax will keep the costs of construction
3. Application fees:
a. Building permit
b. Waste water connection fee
c. Water department facilities charge
Exemption from Application fees during construction will help the project meet the
affordable housing pricing goals.
4. Conditional Use Permit: We are requesting exemption of submission of a conditional use
permit, which is required by the zoning ordinance. Instead we are complying with the 201-
H process, which meets the requirements of the conditional use permit. We are requesting
this to minimize paperwork and time while accomplishing the same outcomes.
5. Article J: We request exemption from provisions of Article J specifying access to the project
from the to-be-built parkway. Instead we are proposing to install and maintain access to
the project as per the site plan to be submitted by WestSound Engineering (See
attachment) and as per the recommendations included in the traffic study submitted by
WestSound Engineering. We are requesting this change because Article J required access
from a road that does not yet exist and for which there is not yet a timeline.
6. Zoning ordnance Article W requires the project to be responsible for payment of any cost
associated noise abatement measures that may be required in the future for the Ali'i
Parkway expansion. We are asking for exemption from that article because it is an
unsustainable additional cost to the seniors affordable living project.
7. Article Y requires the applicant to make a "fair share contribution", to mitigate the potential
regional impacts with respect to parks, recreation, fire, police, solid waste disposal and
roads. We are asking for exemption from that article because it is an unsustainable
additional cost to the seniors affordable living project.
8. 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 and we would request exemption in the future should one be enacted in an
effort to keep the cost of housing and services as low as possible.
9. There is a building height limitation in the zoning ordinance of 45 feet. We are requesting
that be raised from 45' to 50'for AL building in Phase I. The increase will allow for a more
architecturally appealing building from the outside and inside. The AL building is on the
lower part of the property and should not impact the view plane from any other structures.
4
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19 49,
\�pG. :.:� DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII
OFHnwp�`�P 345 KEKOANAO'A STREET, SUITE 20 • HILO, HAWAII 96720
TELEPHONE (808) 961-8050 • FAX (808) 961-8657
January 28, 2014
TO: Stephen Arnett,Housing Administrator
Office of Housing and Community Development
FROM: Quirino Antonio,Jr.,Manager-Chief Engineer
•
SUBJECT: PRE-EMPTION REQUEST,AFFORDABLE HOUSING
WEST HAWAII SENIOR LIVING COMMUNITY
TAX MAP KEY 7-5-017:005
Please be informed that there is a water commitment for the proposed development in the amount of 19,200
gallons per day,or forty-eight(48)additional units of water at an average of 400 gallons per day,per unit.
We have received detailed calculations that the anticipated water demand is based on the use of low flow
fixtures. We would like to obtain assurance that this type of fixtures will be installed during construction.
Lastly,the Department does not exempt the requirement to pay the facilities charge for additional water for a
development applying for the 201H status.
Should there be any questions, please contact Mr.Ryan Quitoriano of our Water Resources and Planning Branch
at 961-8070,extension 256.
Since yours,
Q Antonio,Jr.,P.E.
Man r-Chief Engineer
RQ:dfg
copy— County of Hawai`i,County Council
. . .Water, Our Most Precious Resource. . . Ra Wai it pane . . .
The Department of Water Supply is an Equal Opportunity provider and employer
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DEPARTMENT OF WATER SUPPLY ^ COUNTY OF HAWAII
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hUANACiA 5rRFEF, SUITE= 2i1 • !HI O, !lAVVA1'I 9620
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F i ('!?HNf.. (8OC1) ;,(31-.30',0 • f Ax (3oe,;
August 8,2013
Bruce Beard, Manager
West Hawai`i Health, I.1,C
P.O. Box 473
Kailua-Kona, HI 96740
WATER COMMITMENT DEPOSIT FOR
STATE LAND USE BOUNDARY AMENDMENT APPLICATION(SLU 05-004)
CHANGE OF ZONE APPLICATION(REZ 05-013)
KONA ASSISTED LIVING
TAX MAP KEY 7-5-017:005
This is to acknowledge receipt of the required $36,000.00 water commitment deposit for the subject application.
We are enclosing Receipt No. 274049 for your files_
Water for the proposed project will be provided from the 595-foot elevation and the 325-foot elevation pressure
zones. The applicant is to submit installation plans prepared by a professional engineer, registered in the State
of Hawai`i,the transmission of water from the upper elevations to the 595 pressure zone,and from the 595
pressure zone to the property, including the onsite water facility, for our review and approval.
Pursuant to Rule 5 of the Department's Rules and Regulations,a water commitment for the proposed
development in the amount of 19,200 gallons per day,or 48 additional units of water at an average of 400
gallons per day, per unit, is hereby granted until June 30,2014,with the following conditions:
I. Construct necessary water system improvements, which shall include, but not limited to,off-site
improvements, the installation of a service lateral that will accommodate the appropriately-sized
meter(s)for domestic water use and fire protection.
2. Submit construction plans prepared by a professional engineer, licensed in the State of Hawai`i, for
review and approval.
3. Remit the prevailing facilities charge balance,which is subject to change, as shown below:
FACILITIES CHARGE (FC):
One(1)existing service
48 additional units @$5,500.00/unit $264,000.00
Total FC $264,000.00
WATER COMMITMENT DEPOSIT CREDIT(WCD):
50 additional units @$150.00/unit $( 7,500.00)
48 additional units(a),$150.00/unit paid five(5)times $(36,000.00)
Facilities Charge Balance $220,500.00
Water, Our Most Precious Resource . . . (1\-a `1411i. `I‘cztae . .
the Department of Wet-r:;;ir,ply 5 sr'.Fqu,!C`PUor tu=ity vr)vi.lrr ai,d em.■pk�.yer.
Bruce Beard, Manager
Page 2
August 8, 2013
This is due and payable upon completion of the installation of the required water system improvements
and prior to final approval being granted.
For your information, water commitment deposits are credited towards the final facilities requirement
for the development. Note that the amount of water commitment deposit may exceed the prevailing
facilities charge amount; for example, when requests for time extensions continue and are approved.
Until the development is finally completed,these are separate and unrelated items. In the event that
water commitment deposits exceed the facilities charge,no refunds are applicable.
4. Should it be necessary, submit the appropriate documents, properly prepared and executed,to convey
the water system improvements and necessary easements to the Water Board of the County of Hawai`i
prior to final approval being granted. A registered land surveyor shall stamp and certify the metes and
bounds description within the conveyance documents. However, prior to water meter services being
granted to the development, or any lots within,the conveyance documents shall be accepted by the
Water Board.
5. Comply with all other applicable policies and requirements of the Department's Rules and Regulations.
Noncompliance may be cause for voiding this water commitment deposit,at which time water
availability will be subject to change in accordance with prevailing water system conditions, policies,
and Rules and Regulations.
Should there be any questions, please contact Mr. Ryan Quitoriano of our Water Resources and Planning Branch
at 961-8070,extension 256.
Sinc ely yours,
Quinn Antonio,Jr., P.E.
Mana r-Chief Engineer
RQ:dfg
Enc.
copy— Planning Department
Steve Machesky, Kokua Contracting and Project Management
;ttY OF..........
Or—
William P.Kenoi c. T: .. Harry S. Kubojiri
Mayor Police Chief
li';:,11:
IOF'NF','."
Paul K.Ferreira
Deputy Police Chief
County of Hawar i
POLICE DEPARTMENT
349 Kapi`olani Street • Hilo,Hawai`i 96720-3998
(808)935-3311 • Fax(808)961-2389
January 24, 2014 , ,
c) ".�
- -�J
,, __._1
TO
e:.- 13,__T 4W' NE1T1 HOUSING ADMINISTRATOR I _
FROM : PAUL K. FERREIRA, ACTING POLICE CHIEF _
SUBJECT : PRE-EMPTION REQUEST, AFFORDABLE HOUSING, WEST HAWAI'I
SENIOR LIVING COMMUNITY, TAX MAP KEY: (3) 7-5-017:005
This is in response to your memorandum dated January 7, 2014, regarding a request
for comments on the exemptions regarding the developments at the above-mentioned
location.
Thank you for allowing the Hawai'i Police Department to make comments regarding the
exemptions. At this time, the Hawai'i Police Department has no comments.
Should you have any questions or concerns please contact Captain Randal M. Ishii,
Commander of the Kona District, at 326-4646, extension 299.
RMI/jaj
"Hawai'i County is an Equal Opportunity Provider and Employer"
LASERFICHF 1
1Y 9!N
lV 1
William P. Kenoi • , w ', Darren J. Rosario
Mgror 5 �bj' S Fire Chief
'o:'MP"'-� Renwick J. Victorino
hs\\ Deputy Fire Chief
(ouutp of jEt.tho.t`i
HAWAII FIRE DEPARTMENT
25 Aupuni Street • Room 2501 • Hilo,Hawaii 96720
(808)932-2900 • Fax(808)932-2928
January 22, 2014
r-�
TO : STEPHEN J. ARNETT, HOUSING ADMINISTRATOR c
FROM : DARREN J. ROSARIO, FIRE CHIEF
SUBJECT: PRE-EMPTION REQUEST, AFFORDABLE HOUSING
WEST HAWAII SENIOR LIVING COMMUNITY
TAX MAP KEY: (3) 7-5-017:005
We have no comments to offer at this time in reference to the above-mentioned Pre-emption
request.
4`. DARREN J. ROSARIO
Fire Chief
KT:Ipc
'. J
�RE_DEC4/
,)
Hawai'i County is an Equal Opportunihi Provider and Employer. 7.,AgERFici E
. t
T�OF
William P.Kenoi ,:, ' !L.'.
Duane Kanuha
mayor ` ^ .r
COHN a Y OF HA'WAi :l ',,..,if''' Uirecrnr
Of-'''" „n,• a -,-- -_-' ., Bobby Command
, ;'-_`ts'� Deputy Direr tor
�Olq JAN z cc '4...
Hawaii Office J 5 Fast Hax at't Office
74-5044 Ane Keohokalole Hwy • • 101 Pauahi Sheet,Suite 3
Ka4ua-Kona.
Hawaii 96740 County of Hawaii Hilo,Haw-at`i 95720
Phone(SOS)323-4770 Phone(808)961-8288
fax(sus)327-3563 PLANNING DEPARTMENT Fax(808)961-8742
MEMORANDUM
January 21,2014
TO: Stephen J. Arnett,Housing Administrator
•, t - i f Housing an unity Development
FROM: p arie Kanuha, Director
Planning Department
RE: Pre-emption Request, Affordable Housing
Senior Living Community; aka Kona Assisted Living
Applicant: West Hawai'i Health, LLC
TM K: 7-5-017:005 (COR 14-089368)
We reviewed the subject requests for pre-emption and have the following comments to the
requests:
3. Use Permit Submission:
a) To ensure that the proper Use Permit requirements are to be pre-empted, the exemption
request should add Hawaii County Code,Chapter 25, Section 25-2-61 (a)(7) Hospitals,
sanitariums, old age, convalescent, nursing, and rest homes, and other similar uses devoted
to the care or treatment of the aged, the sick, or the infirm in the RS, RD,RM, RCX, RA,
FA,A and V districts,provided that a minimum building site area of ten thousand square
feet shall be required within the RS, RD, RM, RCX, and RA districts.
b) Propose that the applicant host community meetings to promote awareness for this
project.
4. COH Zoning Code Chapter 25-4-20 and 25-5-33, Building Height:
There have been several complaints about large mass 45 foot tall buildings in the last year in
the Kona area. Due to the long-standing sensitivity of view planes in the Kona area and the
siting of a planned major intersection at the proposed project site,we do not support a
request for an increase in height limit above 45 feet without the required submittal of a
variance application to the Planning Director, with a further analysis of the impacts and a
determination if the request meets the grounds for granting a variance,
www euhplaltntngdept coin //rat al'i County is an Equal Opportunity Provider anti Employer planningC'co.hawtm.hi uO
rrrr
4
7. Ordinance 06-78 Condition Y: Condition Y of Ordinance 06-78 refers to fair share
contribution to mitigate for impacts of the property with respect to parks and recreations.
fire,police, solid waste disposal facilities and roads. We recommend that there only be a
reduction, if any, in the fair share contribution assessed for roads, and that the market value
of the land and area of the land contributed to the Ali`i Parkway connector road be
determined by the Finance Department's Real Property Tax Appraisers.
9. Ordinance 06-78 Section 1: District designation of RM 2.5 —Request for designation to be
replaced with RM-.75:
An exemption from the zoning district RM 2.5 (required land area of 2,500 square feet for
each dwelling unit, or for each rentable unit) should be limited to allow the construction of
not more than the represented number of dwelling or rentable units, i.e., 291 units (or
perhaps 300 units to allow final design adjustments), and generally equivalent to
approximately RM—2.0 if the land area to be dedicated for the future Alii Parkway is
included in the calculation.
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 on a property maintaining a density higher than one thousand square
feet of land area per rentable unit or dwelling unit.
(1 6) Nursing homes, convalescent homes, rest homes and homes for the elderly; one for
every two beds.
We recommend that the off-street parking requirements be calculated as follows:
• One and one quarter per unit of employee housing (35 units)
• One for every two beds for skilled nursing (160 units) and assisted living units(96
units).
Additional Comments: The applicant will need to request an exemption from Chapter 16,
Planning, of the Hawaii County Code with respect to one or more requirements of the Kona
Community Development Plan(Kona CDP), and in particular, the concurrency requirement.
Although the subject property is already zoned(conditionally) for multi-family development,
Policy LU-2.8 of the Kona CDP(see page 4-45), pertaining to lands with existing zoning within
the Kona Urban Area as is the subject property, provides that any project developed under
existing zoning is subject to various requirements includes those for Parks, Affordable Housing,
Street Standards, Wastewater, and Concurrency.
This property is located within Concurrency Zone "L", which requires the construction of two
streets before the development of any project located within this concurrency zone. These two
streets are identified as:
• 30A — Kahalui— Keauhou Parkway(Lako Street to Kuakini Highway)
• 31 —Lako Street
DEPARTMENT OF PUBLIC WORKS
COUNTY OF HAWAII
HILO, HAWAII
DATE: January 15, 2014
Memorandum
TO • Stephen J. Arnett, Housing Administrator
Office of Housing and Community Development
FROM • Ben Ishii, Division Chief
Engineering Division
SUBJECT : Pre-emption Request , Affordable Housing
Senior Living Community; aka Kona Assisted Living
Applicant: West Hawaii Health LLC
Location: Kahului 1St , N. Kona, HI
TMK: 3/ 7-5-017: 005
We reviewed the subject requests for pre-emption and have the following comments to
the requests.
2. Grubbing Permit : Chapter 10 of Hawaii County Code. They are requesting we
honor a grubbing permit that was not acted on and subsequently expired on
February 28, 2008. In order to grub the parcel, a new permit is required by
Chapter 10. The developers consulted with SHPD personnel and they issued the
attached letter requesting an Archaeological Inventory Survey. Other than SHPD
review, we do not foresee any significant timing issues to processing of a new
grubbing permit.
5. Ordinance 06-78 Condition H. We oppose the pre-emption of the condition in
entirety. We have no objection to the installation of a left turn lane on Kuakini
Highway and allowing unrestricted access until the Parkway is constructed. Our
Traffic Division reviewed the Traffic Impact Analysis Report and recommends a
left turn lane and left turn refuge lane on Kuakini Highway for any phase of the
proposed project. The proposed Phase 1 approach on Kuakini Highway however
can not be unrestricted upon construction of the Parkway. The Parkway
intersection spacing at 280 feet is insufficient to provide back to back turn lanes,
which would require a minimum of 450 feet. Condition H requires this proposed
approach be restricted to right-out only. We would not oppose delaying the
movement restriction until the Parkway is constructed and we would not oppose
making the proposed Phase 1 Kuakini Highway approach right-in and right-out
only (after construction of the Parkway) provided they design and construct their
approach wide enough to add an effective approach splitter island meeting with
DPW approval.
DPW Comments-Pre-Emption Request
January 15, 2014
p. 2 of 2
6. Ordinance 06-78 Condition W. The condition should remain as a future road
construction disclosure requirement to any purchasers and is also intended to
avoid adding cost to the Parkway project by any requests for new entitlements or
amendments of existing entitlements fronting the Parkway. The condition could
be clarified to state the property owners may decline to have any noise
abatement installed. Otherwise, the plans for the Parkway preceded Ordinance
06-78 entitlements and the condition should remain.
Should there be any questions concerning this matter, please feel free to contact Kiran
Emler of our Kona Engineering Division office at 323-4851.
KE
End.: SHPD DOC. No. 1311 MV04
copy: ENG-HILO/KONA
Planning Director
Hawaii County is an equal Opportunity Provider and Employer
WILLIAM J.AILA,JR.
••Q C M CHAIRPERSON
NEIL ABERCROMBIE ;''4 t:.m.`.4Iy.. BOARD OF LAND AND NATURAL RESOURCES
GOVERNOR OF HAWAII ,,,;</:„.....
,t 5959,Nts COMMISSION ON WATER RESOURCE MANAGEMENT
♦ i ESTHER KIA`AINA
j 1 M,1 ** FIRST DEPUTY
1 1 r J WILLIAM M.TAM
d / �t 1± / DEPUTE DIRECTOR-WATER
'-'.� .ii S �(�fJ CCC444
'iP `` \.. ... eil AQUATIC RESOURCES
w`� -_y: .,„,,..•'�0. BOATING AND OCEAN RECREATION
+�'� '=__•® 1 QA BUREAU ON WATER RESOURCE MANAGEMENT
ON WATER RESOURCE MANAGEMENT
�t^ CONSERVATION AND COASTAL LANDS
HISTORIC PRESERVATION DIVISION
CONSERVATION AND RESOURCES ENFORCEMENT
ENGINEERING
_, FORESTRY AND WILDLIFE
SAWB DEPARTMENT OF LAND AND NATURAL RESOURCES HISTORIC PRESERVATION
KAHOOIAWE ISLAND RESERVE COMMISSION
LAND
601 Kamokila Boulevard,Suite 555 STATE PARKS
Kapolei,HI 96806
November 6,2013
Steve Machesky LOG NO:2013.6027
Kokua Contracting and Project Management DOC NO: 1311 MV04
77-6441 Kuakini Highway Suite 101 Archaeology
Kailua Kona Hawaii 96740
Dear Mr.Machesky:
SUBJECT: Chapter 6E-42 Historic Preservation Review—
County of Hawaii Grading Permit Application for the Kona Assisted Living Project
Kahului Ahupua`a,North Kona District,Island of Hawaii
TMK:(3)7-5-017:005
Thank you for the opportunity to review this application that was received by our office on October 22, 2013.
According to the application the 14 acres of the subject parcel will be grubbed to facilitate the design and eventual
construction of an assisted living facility. A review of our records indicates that this parcel has not been subjected to
an archaeological inventory survey (AIS). Our records also indicate that previous grubbing permits have been
reviewed by our office and our office has previously reached a determination of no historic properties effected based
on the assumption that previous grubbing has altered the land and removed any traces of historic properties(SHPD
correspondence LOG NO 2007.0265, DOC NO 0701MK22). However, archival aerial photographs of the project
area and the presence of large trees within the project area indicate that the grubbing permits that were issued were
never carried out. In order to verify whether the project area had been completely altered by land clearing activities,
and in order to determine if any historic properties remain intact in the project area SHPD archaeologist Michael
Vitousek, project manager Steve Machesky, and project engineer Craig Baldwin conducted a field visit of the
project area on November 6,2013. During the course of the field visit,historic properties in the form of a boundary
wall,stone mounds,modified outcrops and terraces were identified and photographed. Some of these sites are likely
features of the Kona Field System (KFS) which is listed on the State Inventory of Historic Places (SIHP) as site
number 50-10-28-6601. It seems likely that any prior grubbing of this property was incomplete, and avoided
topographic high points, where historic sites continue to exist. Therefore, SHPD requests that an archeological
inventory survey be conducted in order to identify, record, and determine an appropriate course of treatment for
the historic properties. We request the opportunity to review and accept a report of this survey work that meets the
standard or HAR 13-276 prior to the issuance of the subject permit.
Please contact Mike Vitousek at(808)652-1510 or Michael.Vitousek@Hawaii,gov if you have any questions or
concerns regarding this letter.
Aloha,
Michael Vitousek
Lead Archaeologist Hawaii Island Section
Historic Preservation Division
CC:
craigAwsengineering.corn
smachesky(akcpm.net
kemler@co.hawaii.hi.us
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
�y /�j WASTEWATER DIVISION
A��'y'"�— '!` COUNTY OF IIAWAII-108 RAILROAD AVENUE-IIILO,III 96720
y�p HILO(808)961-8338 FAX(808)961-8644
,- n,
,x
MEMORANDUM
Date: January 15,2014
To: Bobby Jean Leithead Todd, Director
Via: Dora Beck,P.E., Division Chief ,
From: Rizalino Mangaoang, P.E., Civil Engineer IV
Subject: Exemption Request, Affordable Housing
West Hawai'i Senior Living Community
TMK: (3) 7-5-017:005
The Wastewater Division (WWD) has reviewed the proposed Exemption Request and provides the
following comments:
1. Records currently indicate that the property is not accessible to County sewer. However, a
sewer study was submitted to WWD on November 15, 2013, which indicates the intent to
connect to County sewer. It was determined that the existing sewer system is able to convey
the wastewater flows from the proposed development as reported in the sewer study. Should
there be wastewater flows in addition to the flows reported in the sewer study submitted on
November 15, 2013, submittal of an updated sewer study would be required.
2. While there is currently no connection fee to tie-in to the existing sewer system, all costs for
the installation of sewers to service the property including tie-in to County sewer would be
borne by the property owner.
Should you have questions, comments, or require further information you may contact me at (808)
961-8279 (nangaoang @co.hawaii.hi.us) or Mr. Lyle Hirota, P.E., Wastewater Deputy Division
Chief at(808) 961-8333 (lhirota @co.hawaii.hi.us). Thank you.
cc: Lyle Hirota,P.E., Deputy Division Chief
Hawai'i County is an equal opportunity provider and employer.
Alan S. Rudo
From: Kai, Tiffany [tkai @co.hawaii.hi.us]
Sent: Wednesday, January 15, 2014 2:14 PM
To: ohcdplanning @co.hawaii.hi.us
Subject: WEst Hawaii Senior Living Community
HI Alan;
I do not have any comments regarding the request for exemptions for the West Hawaii Senior Living.
Aloha,
differ
aMa dtaasit othdm1nibticatot
Hawaii County Transit Agency
25 Aupuni St.
Hilo, Hawaii 96720
Ph. 808-961-8343
Fax 808-961-8745
email: tkai @co.hawaii.hi.us
--11AP�1.
�
hid 21
* "k
Please consider the environment before printing this e-mail.
1
DEPARTMENT OF PUBLIC WORKS
COUNTY OF HAWAII
HILO, HAWAII
DATE: January 15, 2014
Memorandum
TO • Stephen J. Arnett, Housing Administrator
Office of Housing and Community Development
FROM : Ben Ishii, Division Chief
Engineering Division
SUBJECT : Pre-emption Request , Affordable Housing
Senior Living Community; aka Kona Assisted Living
Applicant: West Hawaii Health LLC
Location: Kahului 1st , N. Kona, HI
TMK: 3/ 7-5-017: 005
We reviewed the subject requests for pre-emption and have the following comments to
the requests.
2. Grubbing Permit : Chapter 10 of Hawaii County Code. They are requesting we
honor a grubbing permit that was not acted on and subsequently expired on
February 28, 2008. In order to grub the parcel, a new permit is required by
Chapter 10. The developers consulted with SHPD personnel and they issued the
attached letter requesting an Archaeological Inventory Survey. Other than SHPD
review, we do not foresee any significant timing issues to processing of a new
grubbing permit.
5. Ordinance 06-78 Condition H. We oppose the pre-emption of the condition in
entirety. We have no objection to the installation of a left turn lane on Kuakini
Highway and allowing unrestricted access until the Parkway is constructed. Our
Traffic Division reviewed the Traffic Impact Analysis Report and recommends a
left turn lane and left turn refuge lane on Kuakini Highway for any phase of the
proposed project. The proposed Phase 1 approach on Kuakini Highway however
can not be unrestricted upon construction of the Parkway. The Parkway
intersection spacing at 280 feet is insufficient to provide back to back turn lanes,
which would require a minimum of 450 feet. Condition H requires this proposed
approach be restricted to right-out only. We would not oppose delaying the
movement restriction until the Parkway is constructed and we would not oppose
making the proposed Phase 1 Kuakini Highway approach right-in and right-out
only (after construction of the Parkway) provided they design and construct their
approach wide enough to add an effective approach splitter island meeting with
DPW approval.
DPW Comments-Pre-Emption Request
January 15, 2014
p. 2 of 2
6. Ordinance 06-78 Condition W. The condition should remain as a future road
construction disclosure requirement to any purchasers and is also intended to
avoid adding cost to the Parkway project by any requests for new entitlements or
amendments of existing entitlements fronting the Parkway. The condition could
be clarified to state the property owners may decline to have any noise
abatement installed. Otherwise, the plans for the Parkway preceded Ordinance
06-78 entitlements and the condition should remain.
Should there be any questions concerning this matter, please feel free to contact Kiran
Emler of our Kona Engineering Division office at 323-4851.
KE
Encl.: SHPD DOC. No. 1311MV04
copy: ENG-HILO/KONA
Planning Director
Hawaii County is an equal Opportunity Provider and Employer
WILLIAM J.AILA,JR.
''-0 r /,/-=_ CHAIRPERSON
NEIL ABERCROMBIE i''<<•""""'•.4 4 BOARD OF LAND AND NATURAL RESOURCES
GOVERNOR OF HAWAII l:(rr 1�9559,,,Nc COMMISSION ON WATER RESOURCE MANAGEMENT
tj S ESTHER KIA'AINA
tt FIRST DEPUTY
y# 9■ t ►� :
d g 1 I �i� ,' ¢' WILLIAM M.TAM
ID 'f rJe�33 fi.1,° DEPUTY DIRECTOR WATER
` f'IA "TNTI
M '_QQ ✓'�0,/1 BO BTMG UAND OCEANURECREATION
r" 9�'®•PSp•611P`�,;.' UREAU OF CONVEYANCES
COMMISSION ON WATER RESOURCE MANAGEMENT
--•-• _'-""," CONSERVATION AND COASTAL LANDS
•> 3 HISTORIC PRESERVATION DIVISION CONSERVATIONA D RESOURCES ENFORCEMENT
FORESTRY AND WILDLIFE
hdtRvO DEPARTMENT OF LAND AND NATURAL RESOURCES HISTORIC PRESERVATION
KAHOOLAWE ISLAND RESERVE COMMISSION
LAND
601 Kamokila Boulevard,Suite 555 STATE PARKS
Kapolei,HI 96806
November 6,2013
Steve Machesky LOG NO:2013.6027
Kokua Contracting and Project Management DOC NO: 1311MV04
77-6441 Kuakini Highway Suite 101 Archaeology
Kailua Kona Hawaii 96740
Dear Mr.Machesky:
SUBJECT: Chapter 6E-42 Historic Preservation Review—
County of Hawaii Grading Permit Application for the Kona Assisted Living Project
Kahului Ahupua`a,North Kona District,Island of Hawaii
TMK:(3)7-5-017:005
Thank you for the opportunity to review this application that was received by our office on October 22, 2013.
According to the application the 14 acres of the subject parcel will be grubbed to facilitate the design and eventual
construction of an assisted living facility. A review of our records indicates that this parcel has not been subjected to
an archaeological inventory survey (AIS). Our records also indicate that previous grubbing permits have been
reviewed by our office and our office has previously reached a determination of no historic properties effected based
on the assumption that previous grubbing has altered the land and removed any traces of historic properties(SHPD
correspondence LOG NO 2007.0265, DOC NO 0701MK22). However, archival aerial photographs of the project
area and the presence of large trees within the project area indicate that the grubbing permits that were issued were
never carried out. In order to verify whether the project area had been completely altered by land clearing activities,
and in order to determine if any historic properties remain intact in the project area SHPD archaeologist Michael
Vitousek, project manager Steve Machesky, and project engineer Craig Baldwin conducted a field visit of the
project area on November 6,2013. During the course of the field visit,historic properties in the form of a boundary
wall,stone mounds,modified outcrops and terraces were identified and photographed. Some of these sites are likely
features of the Kona Field System (KFS)which is listed on the State Inventory of Historic Places (SIHP) as site
number 50-10-28-6601. It seems likely that any prior grubbing of this property was incomplete, and avoided
topographic high points, where historic sites continue to exist. Therefore, SHPD requests that an archeological
inventory survey be conducted in order to identify, record, and determine an appropriate course of treatment for
the historic properties. We request the opportunity to review and accept a report of this survey work that meets the
standard or HAR 13-276 prior to the issuance of the subject permit.
Please contact Mike Vitousek at(808)652-1510 or Michael.VitousekRHawaii.gov if you have any questions or
concerns regarding this letter.
Aloha,
£ ILL_
Michael Vitousek
Lead Archaeologist llawaii Island Section
Historic Preservation Division
CC:
eraig@wsengineering.com
smachesky(nkcpm.net
kemler@co.hawaii.hi.us
Alan S. Rudo
From: Susan Gagorik [sgagorik @co.hawaii.hi.us]
Sent: Thursday, January 16, 2014 12:03 PM
To: ohcdplanning @co.hawaii.hi.us; Self, Amy
Subject: RE: TMK-West Hawaii Living Facility- Fair share contribution
Importance: High
Alan —one more change from my earlier email. Please change fair share assessment to fair share
contribution. (consistant with ordinance)
susan
From: ohcdplanning [mailto:ohcdplanning @hawaiicounty.gov]
Sent: Thursday, January 16, 2014 11:30 AM
To: 'Amy Self; ohcdplanning @co.hawaii.hi.us
Cc: 'Gagorik, Susan'
Subject: RE: TMK -West Hawaii Living Facility
Amy,
Real property returned my call. And they said there was a mapping change and the parcel 005 is the 14 acre BUT this
mapping change was in 2005. I'm wondering if something wasn't finalized by 2006 when the ordinance came through.
They show parcel 002 as separate 79 acres by Samuel black. I believe that is why the TMK changed.
Aloha,
Alans
Alan S . Rudo
County of Hawai
Office of Housing and
Community Development
50 Wailuku Drive
Hilo, Hawaii 96720
Phone: 808-961-8379
Fax: 808-961-8685
E-mail : ohcdplanning @hawaiicounty.gov
EQUAL HOUSING OPPORTUNITY
"HAWAII COUNTY IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER"
The information contained in this e-mail is confidential and may be subject to legal
privilege. If you are not the intended recipient, you must not use, copy, distribute, or
disclose this e-mail, or any part of its contents, or take any action in reliance to it.
If you have received this e-mail in error, please e-mail the sender by replying to this
message.
From: Amy Self[mailto:aself @co.hawaii.hi.us]
Sent: Thursday, January 16, 2014 10:55 AM
To: ohcdplanning @co.hawaii.hi.us
Subject: RE: TMK -West Hawaii Living Facility
1
Is that correct?
From: ohcdplanning [mailto:ohcdDIanningCalhawaiicounty.gov]
Sent: Thursday, January 16, 2014 10:50 AM
To: 'Self, Amy'
Subject: TMK -West Hawaii Living Facility
Amy,
We are adjusting to TMK: (3)7-5-017:Por 005 &002
Aloha,
Alan
Alan S . Rudo
County of Hawai' i
Office of Housing and
Community Development
50 Wailuku Drive
Hilo, Hawaii 96720
Phone: 808-961-8379
Fax: 808-961-8685
E-mail : ohcdplanning @hawaiicounty.gov
EQUAL HOUSING OPPORTUNITY
"HAWAII COUNTY IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER"
The information contained in this e-mail is confidential and may be subject to legal
privilege. If you are not the intended recipient, you must not use, copy, distribute, or
disclose this e-mail, or any part of its contents, or take any action in reliance to it.
If you have received this e-mail in error, please e-mail the sender by replying to this
message.
2
Alan S. Rudo
From: Susan Gagorik [sgagorik @co.hawaii.hi.us]
Sent: Thursday, January 16, 2014 11:54 AM
To: ohcdplanning @co.hawaii.hi.us
Cc: Arai, Daryn; Newton, Rosalind; Self, Amy
Subject: RE: Resolution for West Hawaii LLC
Attachments: WHSL- Exemptions Only.docx; 2158hasr.doc
Importance: High
Alan,
I found exemptions in your other email. I understand Roz was involved in the review so cc:ing her.
Most of the exemptions you list are tied to Rez Ord. so Daryn might have something to add. Note, that
exemptions to chapter 10 should be checked with DPW.
1. TMK 7-5-17:5 is correct. Don't change. Property was a consolidation/resubdivision.
2. Re: #7: we currently do not have impact fees so you should not use that terminology. It is called fair share
assessments. See attached in red.
3. Reso: I would add a whereas, that if West Hawaii Health LLC does not construct an affordable housing
project, all conditions of Ordinance 06-78 shall be complied with.
susan
From: ohcdplanning [mailto:ohcdplanning@ hawaiicounty.gov]
Sent: Thursday, January 16, 2014 10:30 AM
To: 'Susan Gagorik'
Subject: Resolution for West Hawaii LLC
Susan,
Here you go
Alan
Alan S . Rudo
County of Hawai' i
Office of Housing and
Community Development
50 Wailuku Drive
Hilo, Hawai ' i 96720
Phone: 808-961-8379
Fax: 808-961-8685
E-mail : ohcdplanning @hawaiicounty.gov
EQUAL HOUSING OPPORTUNITY
"HAWAII COUNTY IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER"
1
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privilege. If you are not the intended recipient, you must not use, copy, distribute, or
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2
Senior iving
Community Meeting
December 10th
5:O0pm- 6:O0pm
Attendees: (13)
Bruce Beard 98342
Liz Heiman 96740
Brittany Sabin 96740
Carlo Mireles 96740 carlo@eb5ag.com
Paula Purecll 94941 paula@tdaine.com
Steve Machesky 96740 smachesky @kcpm.net
Barbara Machesky 96740 bmachesky @kcpm.net
Jane Clement 96740 jclement @co.hawaii.hi.us
Wendy B. Paez 96740 wpbaez @hawaiicounty.gov
Bill Polk 98040 bill @wpolk.com
Craig Baldwin 98366 craig @wsengineering.com
Chris Russell 96740 carussell @westhawaiihc.org
Marilyn Jeronimus 96740 dantien4 @aol.com
Laura Varney 96740 lvarney @hospiceofkona.org
How Liz got involved in West Hawaii Senior Living Project
Skilled Nursing
Long-Term Care
Skilled Nursing
Support from time checked in until time of passing
Build active and engaged community for elderly
TMK
Affordable housing
Medicaid accepted
Covenant Health overview
Over 400 ppl in our county currently need some form of assisted living, no beds available at the moment.
Providing choices for seniors
Access to resources
Geriatrics
Dementia
Transportation
Resources are there for residents
Benefits for the community
Jobs
Space
Reduction of county provided Emergency resources(ambulance, police, etc.)
Elevations/Maps/ Floor Plans
Skilled Nursing built in such a way that the different wings create communities.
0_
1.) How many built in Hawaii?
42 senior communities previously built
2 or more in Hawaii
Maui
Oahu
2.) Is there a wait list and price associated with the wait?le: some Senior living communities are
$300K- 400K
3.) Price of rooms?
Studio: $300-350
One Bedroom: $600
Two Bedroom: $850
4.) Will there be med director on board?
Yes. And to involved in resident care. Nurse practitioner on site,work with other providers as well.
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Senior wing
PROJECT OVERVIEW: West Hawaii Senior Living Continuum of Care Community
TMK: 7-5-017:005
Address: 75-6099 Kuakini Highway
Lot Size: 14 Acres
Area Donated: 2.6 acres for Kahalui Connector Road
State Land Use: Zoning RM 2.5
(Ordinance 06 78 Bill 227)
Project Description: Senior Continuum of Care Community
Approximate Size of Assisted Living Facility: 100,000 sf.
Approximate Size of Skilled Nursing Facility: 85,000 sf.
Operational Capacity: 291 Residents
Affordable Housing Percentage: 50% + 1
2
West swan
Senior lying
TMK 7-5-017:005
PROJECT OVERVIEW
Access to resources for seniors in West Hawaii has long been a problem. In line with that,West Hawaii
has been significantly under supplied with senior living options. In an attempt to begin to resolve some
of these issues West Hawaii Health has purchased 14 acres in Kona on which West Hawaii Senior
Living,a continuum of care community,can be built and operated.
This senior living community will include 96 assisted living residences, 160 skilled nursing and long-
term care residences and 35 employee housing apartments.
SENIOR LIVING COMMUNITY
West Hawaii Senior Living is designed as a continuum of care community that provides a range of
resources and living options designed to meet the evolving needs of the residents.
Assisted Living
Assisted living residences offer private,homey one-bedroom,two-bedroom and studio apartments,and
services to support activities of daily living. Residences include housekeeping,meals and activity
programs.
Memory Support
Memory care is a distinct form of living environment that specifically caters to residents with
Alzheimer's disease,dementia,and other types of memory problems.Specially designed studio
apartments provide safe and homey environments. Staff members are trained in the unique demands of
memory support.
Rehabiiitation & Skilled Nursing
Also called"nursing homes,"these centers play two important roles: they provide rehabilitation or
"sub-acute care"for people who have been discharged from the hospital,but are not medically or
physically able to return home; and they provide extended long-term care to frail or chronically ill
persons who require a higher level of skilled nursing and medical supervision than is available in other
settings.
COVENANT RETIREMENT- A NONPROFIT
West Hawaii Senior Living has an operating agreement with Covenant Retirement Covenant
Retirement is a non-profit that runs 15 Retirement Communities across the United States. Covenant
Retirement Communities traces its roots to the Home of Mercy. Opened in Chicago in 1886 as the
founding ministry of a church of Swedish immigrants,it was an old-age home,an orphanage and a
hospital.
AFFORDABLE HOUSING
Of the 291 total residences,fifty-one percent, 147 units,are to be qualified as,"affordable housing",
under Hawaii County and State of Hawaii guidelines. Having resources the seniors can afford to access
3
F
Senior Living
is a critical part of the success of this project The project is being structured to provide affordable
rents and services.
• 24 units will have space rent of$733 per month,which is at the affordable level of 60%of the
median income.
• 18 units will have space rent of$978 per month,which is at the affordable level of 80%of the
median income.
• 105 units will have space rent of$1,222 per month,which is at the affordable level of 100%of the
median income.
The skilled nursing units will be built to comply with County,State and Federal guidelines. Further the
facility will be operated under contract compliant with Medicare and Medicaid regulations.This
contract will provide board and care payments for income-qualified residents with incomes not
exceeding$17,592 annually.
REDUCING DEMAND ON COMMUNITY RESOURCES
West Hawaii Senior Living will become home to over 200 seniors currently living in environments that
are not sufficiently supportive.
While we support aging at home,in many cases,the needs of the seniors are greater than can be
provided for in their traditional homes. These needs result in the following demands on community
resources:
• Emergency responders for those who are injured or fall
• Transportation to appointments
• Project Life Saver(program for isolated seniors with high risk of wandering)
• Meals on Wheels
• Skilled Nursing beds in the hospital
• Emergency room attention
With adequate support,we as a community can minimize demand for emergency services and other
community resources. We want our seniors to have a safe comfortable place to live. They should be
able to live without fear,knowing the support they require or desire is available to them at all times.
Seniors living in the West Hawaii Senior Living community will have access to:
• Geriatricians and Geriatric Psychiatrists on site or through telemedicine
• Transportation to appointments and medical care
• Onsite care givers who can respond to immediate needs
• Supervision to prevent wandering by those with dementia
• Three healthy meals a day
• Participation in activities and socializing
• Skilled nursing if appropriate
4
we,"
awaii
Senior lying
By reducing demand for these services from seniors who are better cared for in an assisted living or
skilled environment,there will be more resources available for those seniors who are able to stay in
their traditional homes.
West Hawaii Senior Living will have the ability to add resources as the community needs increase.
C1IOICE
According to the US Department of Health,70%of our citizens will need some form of long-term care in
their lives. We know that right now in West Hawaii,the demand for assisted living,including
specialized memory care,exceeds available resources. There are as many as 400 people who need the
resources offered by an assisted living environment who do not currently have access to one.
Additionally,there are more than 400 people with the need for skilled nursing care. Currently the
hospital has skilled nursing beds that could be made available for acute care if there were enough
skilled nursing beds in the community to release patients to.
When seniors are no longer able to care for themselves in their own residences,they and their families
have tough choices to make. Currently,the limited resources to support seniors makes those choices
even tougher. Aging at home works well for some seniors. For others it means being isolated from
community and services. For those who need alternative solutions,providing a continuum of care
community offers choices about how to best meet their needs.
PROVIDING ADDITIONAL. RE:SOURCES TO THE COMMUNITY
This campus will benefit the community in many ways.
1. Jobs:This project will create short-term constructions jobs as well as more than 350 full-time
skilled and semi-skilled positions.
2. Training: Covenant Retirement is committed to training members of the local community to
staff the campus.
3. Medical Resources: Because Covenant Retirement has facilities across the Country,they are
able to draw from those resources to bring additional services via telemedicine or on campus.
4. Space: West Hawaii Senior Living will be able to partner with community organizations by
providing much needed space for programs like adult day care,senior activities, Hospice and
more.
(:ONSTR1111'ION
Construction of the Assisted Living and Skilled Nursing Residences will begin following completion of
necessary permitting and are expected to be completed 18 months after groundbreaking.
In order to provide the much needed community resources,and to meet the affordable housing
guidelines,we are asking for a number of exemptions under the 201H standard. None of the
exemptions being requested will impact health or safety. These are requests to wave fees,expedite
processes,and to work around issues relating to roads that have not yet been built
5
wevst
iii
Senior lying
WI SI' HAWAII IJEALTlI
Ownership of West Hawaii Senior Living is by West Hawaii Health LLC. Members are Bruce Beard
(Managing Partner),Duane Ting, Dr. Gene Wasson and Jerry Petzel.Members have been responsible for
development and construction of assisted living facilities on Maui and Oahu. Operation of West Hawaii
Senior Living will be by Covenant Retirement. Covenant Retirement is a 125-year old faith-based
nonprofit organization operating more than 15 communities across the country.
The initial project funding is by Southern California Laborers Pension Trust,a $1.6 billion fund with
other investments in Hawaii as well.These investments are managed by TDA Investment Group
headquarters in San Mateo,California.
The management team of West Hawaii Health has been involved in the design,finance,construction
and management of more than 42 senior living facilities in the Western United States.Two have been
built in Hawaii;the Ponds,a 145 unit AL with memory care on Oahu,and Roselani Place,a 113
unit with memory care built on Maui.
Both of these projects were done in compliance with the state and county affordable housing
201 statutes.The West Hawaii Health campus in West Hawaii is being planned to provide seniors with
affordable housing.In addition,by qualifying the project to participate in state and federal programs,
health care will also be available.
The Kona campus is being designed and organized to encourage an active,affordable life style
6
Al?
West awaii
Senior lying
SKILLED NURSING,ASSISTED LIVING,AND MEMORY CARE PHASE I MARKET STUDY AND RATE ANALYSIS
COMPARISON OF SUPPLY AND DEMAND
The following table summarizes our conclusions of supply and demand for skilled nursing:
Comparison of Supply and Demand For Skilled Nursing
Item Year
2013 2014 2015 2016 2017 2018 2023
A.Indicated Demand 1,366 1,415 1,464 1,513 1,562 1,611 1,900
B.Lem EdstiigSupply 803 903 903 1,063 1,063 1,063 1,063
C.Existing Unmet Demand orOversupply 563 512 561 450 499 548 837
D.Additions/Subtractions to Supply 100 0 160 N.A. NA. N.A N.A.
E.Unmet Demand After Additions 463 512 401 450 499 548 837
Our analysis shows that the PMA has an under-supply of skilled nursing in the current year,with
unmet demand for 563 beds indicated. This is supported by the higher occupancy levels of
existing facilities in the PMA. Regency Care Center at Hilo will add 100 competitive beds in 2013
leaving an undersupply of 463 beds. In 2015,the subject will add 160 competitive beds leaving an
undersupply of 401 beds.
The following table summarizes our conclusions of supply and demand for assisted living:
Comparison of Supply and Demand For Assisted Living
Item Year
2013 2014 2015 2016 2017 2018 2023
A.Indicated Demand 561 563 565 567 569 571 583
B.Less Existing Supply 123 123 123 219 219 219 219
C.Existing Unmet Demand or Oversupply 438 440 442 348 350 352 364
D.Additions/Subtractions to Supply 0 0 96 N.A. N.A. N.A. N.A.
E.Unmet Demand After Additions 438 440 346 348 350 352 364
Our analysis shows that the PMA has an under-supply of assisted living in the current year, with
unmet demand for 438 beds indicated.This is not supported by the occupancy levels of the only
existing facility in the PMA as it has been mismanaged. The subject will add 96 completive beds in
2015 leaving an undersupply of 346 beds.
As noted previously, demand for dementia care is a subset of overall assisted living demand.
Dementia care facilities are normally licensed the same as "standard" assisted living facilities.
Furthermore, it is relatively easy for facilities to begin or cease providing specialized dementia
care since the physical plant requirements are not significantly different, and since the license is
not different.We have previously determined demand for all assisted living,including dementia.
As of the second quarter of 2013,NIC MAP reported that there were 194,301 assisted living units
and 49,591 dementia care units in the Top 31 metro markets(note that more recent data specific
to the breakdown of assisted living units and dementia care units has not been released). The
combined assisted living supply count inclusive of dementia care was 243,892 units.The dementia
care assisted living supply figure in turn equated to 20.3%of the total assisted living supply figure.
The average occupancy was 90.4%for assisted living and 90.1%for dementia care,indicating that
demand between the two segments is near a balanced level.Thus, based upon this comparison,
dementia care demand would be 20.3%of total demand for assisted living.
w''► PAGE 27
10
West a i
Senior iving
essiilhyt
awaii
Senior'living
AFFORDABLE HOUSING INFORMATION
October 15, 2013
RESIDENCES
DESCRIPTION TOTAL UNITS TOTAL BEDS
ASSISTED LIVING 96 108
SNF/Long Term Care 158 160
EMPLOYEE HOUSING 35 -
289 268
60% 80% 100% Total
Total Units Affordable Affordable Affordable Affordable Market
291 24 18 140 147 144
100% 8% 6% 48% 51% 49%
11
COUNTY OF HAWAII STATE OF HAWAII
BILL NO. _ 227
Draft 2
ORDINANCE NO. 06 78
AN ORDINANCE AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP),
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983
(2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM
AGRICULTURAL (A-5a) TO MULTIPLE-FAMILY RESIDENTIAL(RM-2.5) AT KAHULUI
1s1, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-5-17:POR. 5 AND 2.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-8-3, Article 8, Chapter 25 (Zoning Code) of the Hawai`i County
Code 1983 (2005 Edition), is amended to change the district classification of property described
hereinafter as follows:
The district classification of the following area situated at Kahului 1st,North
Kona, Hawaii, shall be Multiple-Family Residential (RM-2.5):
Beginning at the Northwesterly corner of this parcel of land, being also the
Southwesterly corner of Lot 2-A of this subdivision and being a point on the
Northeasterly side of Kuakini Highway (F.A.S.P. No. S-229(l)), the coordinates of said
point of beginning referred to Government Survey Triangulation Station "KAILUA
(NORTII MERIDIAN)"being 6,168.3 feet South and 4,653.86 feet East and running by
azimuths measured clockwise from True South:
Thence, for the next eight(8) courses following along the remainder of Grant
1868 to Kaupena:
1. 214° 40' 23" 343.16 feet along Lot 2-A of this subdivision to a
point;
Thence, following along Lots 2-A and 1-A of this subdivision on a curve to the
right with a radius of 700.00 feet,the chord
azimuth and distance being:
2. 253° 28' 06" 877.'6 feet to a point;
-1-
Thence, for the next six (6) courses following along Lot 1-A of this subdivision:
3. 292° 15' 49" 159.31 feet to a point;
4. 22° 00' 595.57 feet to a point;
5. 95° 00' 244.47 feet to a point;
6. 80° 00' 160.00 feet to a point;
7. 35° 00' 140.00 feet to a point;
8. 20° 00' 110.00 feet to a point;
9. 124° 40' 536.70 feet along the Northeasterly side of Kuakini
Highway(F.A.S.P. No. S-229(1))to the
point of beginning and containing an area of
14.000 Acres.
All as shown on the map attached hereto, marked Exhibit "A" and by reference
made a part hereof.
SECTION 2. In accordance with Section 25-2-44, Hawai`i County Code 1983 (2005
Edition), the County Council finds the following conditions are:
(1) Necessary to prevent circumstances which may be adverse to the public
health, safety and welfare; or
(2) Reasonably conceived to fulfill needs directly emanating from the land use
proposed with respect to:
(A) Protection of the public from the potentially deleterious effects of
the proposed use, or
(B) Fulfillment of the need for public service demands created by the
proposed use.
A. The applicant, landowner, its successors or assigns shall be responsible for
complying with all of the stated conditions of approval.
-2-
B. Prior to the issuance of a water commitment by the Department of Water Supply,
the applicant shall submit the anticipated maximum daily water usage calculations
as recommended by a registered engineer, and a water commitment deposit in
accordance with the"Water Commitment Guidelines Policy"to the Department of
Water Supply within ninety days from the effective date of this ordinance for the
initial commitment of 50 units of water. The applicant shall obtain water
commitments to develop the requested number of units prior to submitting plans
for Final Plan Approval for any portion of the project.
C. Construction of the proposed development shall be commenced within five (5)
years from the effective date of this ordinance. Prior to construction,the
applicant, successors or assigns shall secure Final Plan Approval for the proposed
development from the Planning Director in accordance with Section 25-2-70,
Chapter 25 (Zoning Code), Hawaii County Code. Plans shall identify all existing
and/or proposed structures, paved driveway access and parking stalls associated
with the proposed development. Landscaping shall also be indicated on the plans
for the purpose of mitigating any adverse noise or visual impacts to adjacent
properties in accordance with the requirements of Planning Department's Rule No.
17 (Landscaping Requirements).
D. To ensure that the Goals and Policies of the Housing Element of the General Plan
are implemented, the applicant shall comply with the requirements of Chapter 11,
Article 1, Hawaii County Code relating to Affordable Housing Policy, provided
further that, as represented by the applicant, the applicant shall generate affordable
housing credits on-site equal to not less than fifty percent of the units developed
for each phase of the development. Affordable housing credits in excess of the
basic requirements of Chapter 11, Article 1, Hawaii County Code, shall be
credited to the applicant, its successors, or assigns. The affordable housing plan
shall be approved by the Administrator of the Office of Housing and Community
-3-
Development prior to final subdivision approval or final plan approval, whichever
occurs first.
E. A Traffic Impact Analysis Report (TIAR)prepared by a licensed professional
engineer shall be submitted to the Department of Public Works for review and
approval prior to the issuance of Final Plan Approval. The TIAR shall include a
schedule of improvements describing when each improvement should be required
in development of the project.
F. Accesses to and any improvements (including roadway, utilities and/or
intersection improvements) within Kuakini Highway and the future alignment of
Kahului to Keauhou Parkway, including the provision of adequate sight distances,
shall meet with the approval of the Department of Public Works prior to the
issuance of a Certificate of Occupancy. All sight distances shall meet the current
guidelines of A Policy on Geometric Design of Highways and Streets(AASHTO).
All approaches may be subject to access management movement restrictions as
required by the Department of Public Works. No vehicular security gate shall be
installed within sixty(60) feet of any approach to Kuakini Highway or the future
Kahului to Keauhou Parkway right-of-way. A vehicular turnaround shall be
provided within the project property on the ingress side of any such gate.
G. The proposed alignment and right-of-way for Kahului to Keauhou Parkway,
including the intersection with Kuakini Highway and Kuakini Highway
Improvements Phase II, as determined by the Department of Public Works, shall
be reserved by subdivision of the proposed right-of-way to create a separate lot for
future roadway improvements prior to the issuance of any certificate of occupancy
and conveyed to the County upon request, at no cost to the County.
-4-
H. If the project is built before the portion of the Kahului to Keauhou Parkway is
built through the property, access shall consist of(1)a main project entrance
located in the right-of-way of the future Parkway, with an intersection on Kuakini
Highway, and(2) at Kuakini Highway north of the Waiaha Drainageway. For the
main project entrance, the applicant shall provide full intersection improvements
at Kuakini Highway consisting of, but not limited to, pavement widening, a
dedicated left turn storage lane, drainage improvements,and any relocation of
utilities meeting with the approval of the Department of Public Works, and shall
dedicate the necessary right-of-way to the County for its Kuakini Highway
widening project at no cost to the County, prior to the issuance of a certificate of
occupancy for any residential structures. Improvements may be constructed in
phases as the project is built out,with the approval of the Department of Public
Works. The driveway from the intersection with Kuakini Highway to the main
project entrance shall be constructed meeting with the approval of the Department
of Public Works and shall, to the extent that it can be done without greatly
increasing the cost to the applicant beyond the access needs of their project, be
built so that it can be converted to be used as a portion of the Parkway when the
Parkway is built. Upon construction of the Parkway, the applicant, its successors,
and assigns, shall be responsible for the cost of constructing a replacement access
from the project to the Parkway,at a location meeting with the approval of the
Department of Public Works. The applicant shall have the right to require the
Department of Public Works to finalize the access point prior to the issuance of
plan approval for the project. The necessary intersection improvements shall be
determined by the Department of Public Works and shall be limited to right-in,
right-out only, unless otherwise determined by the Department of Public Works.
The Department of Public Works may approve a secondary access to the Parkway
as long as it is limited to a right-in only. Access (2) on Kuakini Highway shall be
limited to right-out movements only.
-5-
If the Parkway is built before the project, the applicant shall construct intersection
improvements in the Parkways and the Kuakini Highway for Access (2)as
determined by the Department of Public Works, at its sole cost. The location of
the access point on the Parkway,and any necessary improvements, shall be
determined by the Department of Public Works , and the access shall be limited to
a right-in,right-out only, unless otherwise determined by the Department of
Public Works. Access (2) shall be limited to a right-out only, unless otherwise
approved by the Department of Public Works.
J. Install streetlights, signs and markings meeting with the approval of the
Department of Public Works.
K. To allow for the coordinated development of the subject property and the property
immediately mauka, (Lot 1-A of Subdivision No. 04-0153), so that the portion of
Lot 1-A that is on the same side of the Waiaha drainageway as the subject
property can be developed without additional access points being created on the
Parkway or Kuakini Highway, the applicant shall provide easements on selected
project roadways, allowing access by Lot 1-A through the project to (1)the
Parkway, and (2)the Kuakini access point. The easement to the Kuakini access
point in favor of Lot 1-A shall be required only if Lot 1-A is rezoned with a
condition requiring it to share maintenance costs and liability for the easement.
The owner of Lot lA shall be required to pay fair market value for the use of the
easements. The designation of the interior roadways to be used for the easements,
and the standard for road construction, shall be approved by the Planning Director
in consultation with the Department of Public Works.
L. The applicant shall not install utilities in the Kahului to Keauhou Parkway and
Kuakini Highway rights-of way unless approved by the Department of Public
-6-
•
Works. The applicant shall provide any necessary easements for installation of
such utilities.
M. All development-generated runoff shall be disposed of on site and shall not be
directed toward any adjacent properties.
N. A drainage study shall be prepared by a licensed civil engineer and submitted to
the Department of Public Works prior to issuance of a construction permit. Any
recommended drainage improvements shall be constructed meeting with the
approval of the Department of Public Works prior the issuance of any certificate
of occupancy.
0. There shall be no construction of dwellings and related improvements or other
substantial buildings, or subdivision roads within areas designated "AE"by Flood
Insurance Rate Maps (FIRM). Restrictive covenants in the deeds of all lots or
condominium units shall give notice of the terms of this rezoning condition. No
residential lots may be created which lack a buildable area. This restriction may
be removed by amendment of this ordinance by the County Council. A copy of
the proposed covenant(s)to be recorded with the Bureau of Conveyances shall be
submitted to the Planning Director for review and approval prior to the issuance
of Final Subdivision Approval or Final Plan Approval, as applicable. A copy of
the recorded document shall be filed with the Planning Department upon its
receipt from the Bureau of Conveyances.
P. The applicant shall submit a flood study prepared by a licensed professional civil
engineer for the Waiaha Drainageway within the subject property to the
Department of Public Works prior to the issuance of any construction permit. If
required by the Department of Public Works,the applicant shall submit the study
to the Federal Emergency Management Agency (FEMA) and obtain a Letter of
-7-
Map Change (LOMC)prior to the issuance of any construction permit or grading
permit, for areas determined by the Department of Public Works. The applicant
shall construct any remedial improvements the study recommends to render the
subject property reasonably safe from flooding by the base flood event. These
improvements may include, but not be limited to interceptor channels, revetments,
permanent erosion control and hazard barrier fencing prior to the issuance of any
certificate of occupancy. Channelization shall be according to the County of
Hawaii Storm Drainage Standards and shall meet with the approval of the
Department of Public Works.
Q. A portion of the subject property, as determined by the Department of Public
Works, shall be encumbered with a drainage and access easement in favor of the
County or shall be subdivided and conveyed to the County at no cost to the
County, for the Waiaha Drainageway at Kuakini Highway culvert project and
culvert maintenance access prior to the issuance of any construction permit.
R. A National Pollutant Discharge Elimination System(NPDES)permit and an
Underground Injection Control (UIC) permit, if required, shall be secured from
the State Department of Health before the commencement of construction
activities.
S. All earthwork and grading shah conform to Chapter 10, Erosion and Sediment
Control, of the Hawaii County Code.
T. The applicant shall perform an engineering study to determine if the sewer line
has adequate capacity to handle the proposed flows in accordance with the City
and County of Honolulu Wastewater Design Standards. If the off-site sewer line
does not have adequate capacity, the applicant shall be responsible for necessary
improvements. Sewer lines shall be installed within the development to connect
-8-
with the County's sewer system, meeting with the approval of the Department of
Environmental Management, and prior to the issuance of a Certificate of
Occupancy.
U. A Solid Waste Management Plan shall be submitted to the Department of
Environmental Management for review and approval prior to the issuance of a
Certificate of Occupancy.
V. The project shall include a park site or sites consisting of at least one acre
developed as a play field or passive recreation area. The park area(s) shall not be
located within the Waiaha Drainageway or Flood Hazard Area.
W. The applicant, its successors, and assigns shall be responsible for the cost of any
sound abatement measures to reduce sound within the project that are required to
qualify the Parkway for Federal construction funds. Until the completion of the
Parkway through the subject property, covenants in all deeds to the subject
property, including deeds to individual units and to any lots subdivided from the
subject property, and promotional and sales materials given to prospective
purchasers, shall inform prospective owners of the following: "Plans for the area
involve the construction of the Parkway within a right-of-way shown on the
attached map. The Parkway will be a major highway that is expected to carry a
high volume of traffic. The County of Hawaii has determined that the
construction of this highway is important to the proper development of Kona as a
whole. The construction of the Parkway will create noise, dust, and other impacts.
The contractor building the Parkway will be required to follow some regulations
to reduce noise and dust, but some impacts will occur. After completion, traffic
on the Parkway will cause noise and other effects that must be expected from a
busy roadway. A prospective purchaser who cannot accept the future construction
of the Parkway in this area is advised to seek another area to reside. This property
-9-
was rezoned on condition that i 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 owners would be required to pay for the
noise abatement. The construction of the Parkway will also make it necessary to
relocate one entrance to the property and may, during the construction period,
cause some changes to the project's access." The sales materials and covenants
do not have to follow the exact wording of this condition but shall inform the
prospective purchasers of the substance of this condition.
X. Should any remains of historic sites, such as rock walls, terraces, platforms,
marine shell concentrations or human burials be encountered, work in the
immediate area shall cease and the Department of Land and Natural Resources—
State Historic Preservation Division (DLNR-SHPD) shall be immediately
notified. Subsequent work shall proceed upon an archaeological clearance from
DLNR-SHPD when it finds that sufficient mitigation measures have been taken.
Y. The applicant shall make its fair share contribution to mitigate the potential
regional impacts of the property with respect to parks and recreation, fire, police,
solid waste disposal facilities and roads. The fair share contribution shall be
initially based on the representations contained within the change of zone
application and may be increased or reduced proportionally if the unit counts are
adjusted. The fair share contribution shall become due and payable prior to
receipt of Final Plan Approval. The fair share contribution for each unit shall be
based on the number of units developed. The fair share contribution in a form of
cash, land, facilities or any combination thereof shall be determined by the County
Council. The fair share contribution may be adjusted annually beginning three
years after the effective date of this ordinance, based on the percentage change in
the Honolulu Consumer Price Index (HCPI). The fair share contribution shall
have a maximum combined value of$6,411.25 per multiple family residential unit
-10-
($9,991.21 per single family residential unit). Based upon the applicant's
representation of intent to develop a total of 212 multiple family residential units,
the indicated total of fair share contribution is$1,359,185.00 for the multiple
family residential units. However, the total amount shall be increased or reduced
in proportion with the actual number of units according to the calculation and
payment provisions set forth in this condition. The fair share contribution per
multiple family residential unit (single family residential unit) shall be allocated as
follows:
1. $3,162.49 per multiple family residential unit($4,817.93 per single family
residential unit)to the County to support park and recreational
improvements and facilities for a total of$670,447.88;
2. $99.95 per multiple family residential unit ($232.42 per single family
residential unit) to the County to support police facilities for a total of
$21,189.40;
3. $307.46 per multiple family residential unit($459.06 per single family
residential unit) to the County to support fire facilities for a total of
$65,181.52;
4. $137.04 per multiple family residential unit ($200.98 per single family
residential unit)to the County to support solid waste facilities for a total of
$29,052.48; and
5. $2,704.31 per multiple family residential unit ($4,280.82 per single family
residential unit)to the County to support road and traffic improvements
for a total of$573,313.72.
-11-
In lieu of paying the fair share contribution, the applicant may contribute land
and/or construct improvements/facilities related to parks and recreation, fire,
police, solid waste disposal facilities and roads within the region impacted by the
proposed development, subject to the review and recommendation of the Planning
Director, upon consultation with the appropriate agencies and approval of the
County Council. Improvements to the drainage as it crosses under Kuakini
Highway (Conditions N and P) may be credited against the road fair share, and the
dedication of the land value of the Parkway right-of-way(Condition G), Kuakini
Highway right-of-way(Condition H),and Parkway noise abatement measures
(Condition W) shall be credited against fair share.
Z. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria
for imposition of exaction or the assessment of impact fees, conditions included
herein shall be credited towards the requirements of the Unified Impact Fees
Ordinance.
AA. The applicant shall comply with all applicable County, State and Federal laws,
rules, regulations and requirements.
BB. An initial extension of time for the performance of conditions within the
ordinance may be granted by the Director upon the following circumstances:
1. 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.
2. Granting of the time extension would not be contrary to the General Plan
or Zoning Code.
-12-
3. Granting of the time extension would not be contrary to the original
reasons for the granting of the change of zone.
4. The time extension shall be for a period not to 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).
5. 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.
CC. Should any of the conditions not be met or substantially complied with in a timely
fashion, the Planning Director may initiate rezoning of the area to its original or
more appropriate designation.
SECTION 3. In the event that any portion of this ordinance is declared invalid, such
invalidity shall not affect the other parts of this ordinance.
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
A
COUNCIL MEMBER, COUNTY OF HAWAII
Hilo , Hawai`i
Date of Introduction: May 2, 200 6
Date of 1st Reading: May 2, 2006
Date of 2nd Reading: May 17, 200 6
Effective Date: June 1, 2006
REi Z i CE: Comm. 690.7
-13-
RS-7,5 RS-7.5
Ada
.4-5a
A-ra
A-5a
A•Sa
j
A�Sa RS-7.3 I -1.3
I
Queen Kaahumanu Hwy.
A-5a 7 -- ��_
N a�a�a��a A-1a p AGRICULTURAL(A•5a)TO A- 4-5a
Sa ,
VA MULTIPLE-FAMILY
RM-4 ■A-la RESIDENTIAL(RM•2.
5) q t'S14.000 A( ES _
wa.
A-5a
v Y' .
RS-i0 '
Qs - A-5a P.1'
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RM-4 r A 5a . .4.7+ ..
s I akoa St
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m
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AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP)
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE
1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION
FROM AGRICULTURAL (A-5a)
TO MULTIPLE-FAMILY RESIDENTIAL (RM-2.5)
AT KAHULUI 1st, NORTH KONA, HAWAII
PREPARED BY: PLANNING DEPARTMENT
COUNTY OF HAWAII
TMK: 7-5-017:POR.005 AND 002 Date. September 10,2005
EXHIBIT "A" (Lava kuak,n,,LLC 1171)
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OFFICE OF THE COUNTY CLERK
County of Hawai`i
Hilo, Hawai`i
(Draft 2) ti_"i , ' l _
Introduced By: Donald Ikeda ROLL L CAL VOTE' r' ,r:7
Date Introduced: May 2, 2006 AYES 'NOES ABS EX
r
First Reading: May 2, 2006 Arakaki X' - _
Published: May 12, 2006 Higa X
Hoffmann X
REMARKS, Holschuh X
Ikeda X
Isbell X
Jacobson X
Pilago X
Safarik X
6 3 0 0
Second Reading: May 17, 2006
To Mayor: May 18, 2006 ROLL CALL VOTE
Returned: June 2, 20 0 6 AYES NOES ABS EX
Effective: June 1, 2006 Arakaki X
Published: June 8, 2006 _ Higa X
Hoffmann X
REMARKS: Holschuh X
Ikeda X
Isbell X
Jacobson X
.
--._..
Pilago X -
Safarik X
5 4 0 0
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
APPROVED AS TO
FORA AND LEGALITY:
(:(� h COUNCIL CHAIRMAN
DEU CORPORATION C UNSEL A940.40,
COUN OF HAWAI'I
r COUNTY CLERK
Date L;, f 1'�t
227 (Draft 2)
Bill No.:
C-690. 7/PC-66
pr - /Disapproved this I �v day Reference:
ov, C
Ord No.: G6 78
of u-VI-c• , 20 07
)Ct
'OR T) OF HAWAII