HomeMy WebLinkAboutRES 534 Draft 01 2014-2016 J+tV Oi Mi'
L-Gyi
COUNTY OF HAWAII STATE OF HAWAII
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RESOLUTION NO. 534 16
RESOLUTION AUTHORIZING THE EXEMPTION OF CERTAIN CODE
REQUIREMENTS, PURSUANT TO SECTION 201H-38 AND SECTION 46-15 OF THE
HAWATI 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. completed December 2105 reflects that the County of Hawai`i has an unmet demand for
skilled-nursing of 500 beds and an unmet demand for assisted living of 273 beds; and
WHEREAS, Hualalai Health, LLC, the owner for the Property and the developer of the
Hualalai Kai 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 291housing units; and
WHEREAS, 91 of the 169 housing units of the Project will be affordable in accordance
with Section 201H-38 of the Hawai`i 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 Presbyterian Retirement Communities
Northwest, a faith-based non-profit organization operating 4 facilities in Washington; and
WHEREAS, Hualalai Health, LLC will satisfy the affordable housing requirements of the
Project by providing 56 units affordable to families earning less than 30% of median income, and
35 units to be affordable to families earning less than 140% 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 HAWAI'I, 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 , 2014.
INTRODUCED BY:
rite
COUNCIL MEMBER, COUNTY OF HAWAII
COUNTY COUNCIL ROLL CALL VOTE
County of Hawai`i AYES NOES ABS EX
Hilo, Hawai`i CHUNG
DAVID
I hereby certify that the foregoing RESOLUTION was by EOFF
the vote indicated to the right hereof adopted by the COUNCIL of the ILAGAN
County of Hawai`i on
KANUHA
ATTEST: ONISHI
PALEKA
POINDEXTER
WILLE
Reference: C-897/HSSSC
COUNTY CLERK CHAIRPERSON&PRESIDING OFFICER RESOLUTION NO. 534 16
2
EXHIBIT A
PROPOSED SECTION 201H-38, HRS, EXEMPTIONS
FROM THE HAWAII COUNTY CODE ("HCC")
A. EXEMPTION FROM CHAPTER 5, HCC, BUILDING CODE
1. An exemption from Section 5-31 & 5-35, HCC, Permit Fees, shall be granted to
waive application fees.
B. EXEMPTIONS FROM CHAPTER 25, HCC, ZONING
1. Exemption from Section 25-2-61 (a) (7), HCC, "Applicability: use permit
required." A use permit will not be required to accommodate the care facility and
related improvements.
2. An exemption from Chapter 25, HCC, Zoning. The zoning classification shall be
changed from RM 2.5 to RM 2.0 with the number of dwelling units allowed for
each dwelling unit reduced to two-thousand square feet of land, with two-beds in
the skilled nursing, assisted living, and memory care units counted as equivalent
to one dwelling unit.
C. EXEMPTIONS FROM CHAPTER 10, HCC, EROSION AND SEDIMENT CONTROL
1. An exemption from Section 10-11, HCC, Grubbing and Grading Permit Fees,
shall be granted to exempt the project from grading, grubbing, and excavation
permit fees, as well as inspection fees.
D. ORDINANCE 03-69 CONDITION N:
1. An exemption from Condition N and all provisions regarding Fair Share
Contribution shall be granted.
E. ORDINANCE 03-69 CONDITION 0:
1. An exemption from the second Condition 0 regarding a requirement to pay
impact fees should the County Council adopt a Unified Impact Fees Ordinance
shall be granted.
F. KONA COMMUNITY DEVELOPMENT PLAN SEPT. 2008 (KONA CDP), POLICY
LU-2.8:
1. Exemption from concurrency requirements of Policy LU-2.8 of the KCDP and
Section 25-2-46, HCC shall be granted.
G. ORDINANCE 03-69 CONDITION G:
1. Exemption from completion of Condition G, left turn pocket lane, prior to
issuance of a certificate of occupancy for any portion of the proposed
development with restricted access to include only right-in to the property and,
right-out turns from the property.