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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 •f. e',` t•.• +•.••♦ . Assistant Housing Administrator •r�oF•M�•1!_. (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 S C") 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 ° = - w 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 C 6 30. Q. lig , sS D 4 Z U 1 4 teal' 14503catm 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 West iwiiI Senior lying ._................,................wa,s5wassisuaatIze,...T.Wre..1vrtalaiMW.IWYNSIAIDAMELISMISIM0668. k) a() ilicp,v0)AeUt \Oa, ( i 4) I tip '' lel 2:1- 7.cril "lf,iy4/1fr---tl • _:)t- _z),,--, „i6' .,-,p,-_,-.„e,--,-K- ‘4,----'..if 2 ---> / - ----- --- -1- --z---2-4---:---- .- ----,-- -4-- - - - --- -- -- - -:-,:i....- --?------- - --- - -Cjii lelt ..41.,,,..._ .. (24-,t../...ie,m7_, _.D10,_____. '..e. titA)1,c1- ‘i'' - f'7Air/-7 rcf .-1,-.-/' '7,‘'-1 '44; f 11,:ad-- ,,i ',„ii,-1,,,,, ti,f ., Liv..„,,...4,_ ‘,7...... .,..... ,,,, -„...,„,.. , , ...,. 4 ,...._, , L •, __.,,,,„_ __ _ I 1< ,,,,, Lo4,-,?. I .2 - 4-L)go COLii jr tljttCr, L'if.i" - P3154 E:' tV°Ilore Olit-l- tA9-124.1.: ,i4tah_t?cg.;t.........._,.c:tr_.)..i.■?i:3 ' At.cie.i•f&ti-1- 0A, -4, -(./.1 -di)11 qc-i/ - `?176;•i filt-E- 7 'i.C-ie",--,. P..1.(5..kti,M. ..C:17q) _ DPW,- Ge...4GiAlirdc-.-AAJC _\_ rip,. \ ,(7,cho,.■/-1L ."7- -Ltz,(1.9 West awaii Senior wing s 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 ,. lying 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 1 141* West awaii 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 3 I; r West awaii Senior wing 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 est waii 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 .E.,.ATE, • s6°A 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 w nrpk-slq t 119E a41 I,•h; DEPARTMENT OF WATER SUPPLY ^ COUNTY OF HAWAII Vt: hUANACiA 5rRFEF, SUITE= 2i1 • !HI O, !lAVVA1'I 9620 ��F�HAWP, 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 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 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. et . r 8 S aQU Eiii F, `g N --.1„ 8 8 w c C g -F 5{ S t. i 8 i a a $ w w og -Li L'I wmw '61 N w i W „r,M' - W I raw o 2 t. 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IN 1 a 11 a - z. gi a3 weAhyst a all 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' `� r Kuakini Hwy. 'i RM-4 r A 5a . .4.7+ .. s I akoa St -S-10 R7S-7.5 ,b RNF7 EP-- c' RNF7 i RS-10 RD-3.75 ` ! Ka dp •1 RM4 RS-10 6,138.35 S m !r ^ 4,653.86E Cv-10 Nak uqp QC4' (NORTH MERMAN)",I, ;f0 Rs t0• kV RM-4 RM-4 . • woo . • so i o ; RM-Y' A r, =_ V•123,; V•.$5 ;' A.� RA12 1 RS17.5 y� ' t A-Sa gpr 4• 1 •s- d, ` v1.25` Aril Dr • Ci$r5 RM1,5 V-1.25 p RI".1.5 1 R$•15 I • . ,,m xa r Inn EMI tats; ,. "):.,, 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) . r 1,gyp t ii In i 1 W�'a R o'er �e t ''r I • \ *t 1 4 It i N.ro r * '1 ' •• sty e, II . • t •4 J 5,• ? I u 4 ii,! T {7 \ i ,; 1 i 0 . 1 e $.- ilH z ) 7 t;4 0/1 .'.. '‘. e "tri E .6, •L'.. limil .,t / k I :". r , � � 3 M c c Z�!??r'v C > w ,� /, \ yr^ O X d /f if I. ,. Li] CA z 1.... a 1 X n . eg 3 A r :-;::et C :- .: (----_40Ww11111, 7., el, 11r ,��.� t', a S� {. , r Is! ( ' O iie �� o f :.- /_ �4t °/• /1', I o 3 '' , , — e d , i � m / s Q Kr 01 , cci{ 1 u o f o4 I ! . 3 .0 u0 ' Q o• / i r. i \ r•• _--rte K n ir ti ii L�Y ' Sawe� ' f i, ~LSCXX -' o , A T I 9 0 =l ti i ,e Spa__ F° 1X-11Brr "A-1" ■ 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