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HomeMy WebLinkAboutRES 239 Draft 01 2014-2016OFFICE INFORMATION ONLY Meeting: Council—August 5, 2015 Action: Withdrawn by introducer (David) Re: Res 239-15; Comm. 401 (2014-2016 term) COUNTY OF HAWAII RESOLUTION NO. STATE OF HAWAII 239 15 RESOLUTION AUTHORIZING THE EXEMPTION OF CERTAIN CODE REQUIREMENTS, PURSUANT TO SECTION 20111-38 AND SECTION 46-15 OF THE HAWAI'I REVISED STATUTES, FOR HUALALAI HEALTH, LLC, KONA, HAWAII, COVERED BY TAX MAP KEY (3) 7-5-010:061 WHEREAS, on June 01, 2006, Change of Zone Ordinance 03-69 became effective, changing the district classification from Agricultural (A -5a) to Multiple -Family Residential (RM -2.5) on the parcel covered by Tax Map Key (3)7-5-010:061 consisting of 9.262 acres (the "Property"); and WHEREAS, the Phase 1 Market Study and Rate Analysis by Integra Realty Resources, Inc., reflects that the County of Hawaii has an unmet demand for skilled -nursing of 463 beds and an unmet demand for assisted living of 438 beds; and WHEREAS, Hualalai Health, LLC, the owner for the Property and the developer of the West Hawai'i Senior Living project (the "Project") on the Property, has secured sufficient water commitments for the Project to construct 96 assisted living residences, 160 skilled nursing and long-term care residences and 35 employee housing apartments for a total of 291 housing units; and WHEREAS, 147 of the 291 housing units of the Project will be affordable in accordance with Section 201H-38 of the Hawaii Revised Statues ("HRS"); and WHEREAS, Hualalai Health, LLC members have responsibly developed and constructed assisted living facilities on Maui and Oahu; and WHEREAS, the Project will be operated by Covenant Retirement, a 125 -year old faith - based non-profit organization operating in more than 15 communities across the country; and WHEREAS, Hualalai Health, LLC will satisfy the affordable housing requirements of the Project by providing 24 units affordable to families earning less than 60% of median income, 18 units affordable to families earning below 80% of median income, and 105 units to be affordable to families earning less than 100% of median income; and WHEREAS, HRS § 201H-38, in conjunction with HRS § 46-15, allows the County, with approval of the County Council, to exempt affordable housing projects from certain code requirements to facilitate the development of such projects; and WHEREAS, Hualalai Health, LLC has requested that the County exempt the Project from certain code requirements to help reduce the cost of producing the affordable housing; and WHEREAS, the project will promote the goals contained in HRS § 201H-38 and Chapter 11 of the Hawai' i County Code; and WHEREAS, if, for any reason, an affordable housing project is not constructed on the Property, all conditions of Ordinance No. 03:69 shall thereafter be in effect for the Property; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWATI, that the exemptions requested for the Project, attached hereto as "Exhibit A," are hereby approved. BE IT FURTHER RESOLVED, that a copy of this resolution be transmitted to the Planning Director and Housing Administrator of the County. Dated at , Hawai`i, this day of , 20. 1NTRODU COUNCIL�MEMB]NTY OF HAWAII COUNTY COUNCIL County of Hawaii Hilo, Hawaii I hereby certify that the foregoing RESOLUTION was by the vote indicated to the right hereof adopted by the COUNCIL of the County of Hawaii on ATTEST COUNTY CLERK CHAIRPERSON & PRESI ING OFFICER 2 ROLL CALL VOTE AYES NOES ABS EX CHUNG DAVID EOFF ILAGAN KANUHA ONISHI PALEKA POINDEXTER WILLE Reference: C-401/Waived HSSSC RESOLUTION NO. 239 1s EXHIBIT "A" HRS § 201H-38 EXEMPTION REQUESTS 1. Application fees: Chapter 5 of the Hawaii County Code Exemption from the building permit fee required under Sections 5-31 and 5-35 of the Hawaii County Code ("HCC'). 2. Use Permit Submission: Section 25-2-61. Applicability; use permit required. Exemption from the requirement for a use permit under section 25-2-61, HCC. Hualalai Health, LLC project is hereby considered a permitted use on the subject property and any prior use permits be closed. 3. Ordinance 03-69 Condition G: Exemption from completion of left turn pocket lane requirement in Condition G, only if restricted access is provided to include only right -in turns to the property and right -out turns from the property prior to issuance of a certificate of occupancy for any portion of the proposed development. 4. Ordinance 03-69 Condition I: Exemption from requirement to complete the realignment of Hualalai Road prior to issuance of a certificate of occupancy for any portion of the multiple family residential project to allow the developer 5 years from the date of this Resolution to satisfy Condition I in a manner meeting with the approval of the Department of Public Works to complete the requirements of Condition I. A surety bond of $650,000 will be required for this exemption. 5. Ordinance 03-69 Condition N: Exemption from Condition N regarding Fair Share Contribution on the grounds to reduce construction costs and on the grounds that this facility will provide resources to the community that reduce emergency services demand. 6. Ordinance 03-69 Condition O: Exemption from the second Condition O regarding a requirement to pay impact fees should the County Council adopt a Unified Impact Fees Ordinance.