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HomeMy WebLinkAboutRES 086 Draft 01 2018-2020 J�ZVIUs N..4. COUNTY OF HAWAII -• �� • STATE OF HAWAII RESOLUTION NO. 86 19 A RESOLUTION AUTHORIZING THE EXTENSION OF THE PUBLIC SEWER FROM A PLANNED SUBDIVISION(PARCELS 7-3-009:019,057,058,060,061 AND 062)TO THE EXISTING SEWER LINE TERMINUS IN ANE KEOHOKALOLE HIGHWAY. WHEREAS, applicant RCFC Kaloko Heights, LLC, a Delaware limited liability company("RCFC Kaloko Heights"), has applied to extend the public sewer system in accordance with Section 21-26,Hawai`i County Code,to service planned subdivision projects located on parcels 7-3-009:057, 058, 059, 060, 061, and 062("Kaloko Heights, Phase I"),and on parcel 7-3-009:019("Kaloko Heights, Phase II")and to service the Hawai`i Island Community Development Corporation's("HICDC") low income rental housing project located on parcel 7-3-009:032; and WHEREAS,the sewer extension will consist of a gravity flow line and related improvements, including laterals provided along the sewer line extension to connect existing lots in the future,beginning at the makai boundary of Kaloko Heights, Phase I, down Hina Lani Street and then along Ane Keohokalole Highway to the existing sewer line terminus in the vicinity of the West Hawaii Civic Center; and WHEREAS, RCFC Kaloko Heights will construct the sewer line extension by way of an improvement district pursuant to Chapter 12,Hawaii County Code,and in the future will be eligible to exercise conditions under section 21-28(a),Hawaii County Code,pertaining to receipt for 10 years after completion of the sewer line extension one-half of all monies for sewer charges collected by the County from other properties connecting to the sewer line extension, provided the total of such reimbursement shall not exceed the cost incurred by RCFC Kaloko Heights to construct the sewer line extension. Plans to reimburse RCFC Kaloko Heights for construction of the sewer line extension shall require the approval of the County Council by resolution; and WHEREAS,RCFC Kaloko Heights' Application for Sewer Extension, a map depicting the location of the sewer line extension, and a letter of support for the sewer line extension from HICDC are attached hereto as Exhibits 1, 2 and 3,respectively; and WHEREAS,the Director of Environmental Management has recommended approval of the sewer line extension in accordance with section 21-26.1(b),Hawai`i County Code; and WHEREAS, sewer line extensions are beneficial to the community by avoiding less desirable alternative wastewater treatment options,resulting in a cleaner,healthier environment; and WHEREAS, Section 21-26.1(a),Hawai'i County Code requires that all sewer extensions shall be approved by resolution of the County Council,and Section 21-26.1(b)provides that the County Council may approve applications for sewer line extensions accompanied by appropriate supporting material; now,therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that the sewer line extension as set forth hereinabove is hereby approved. BE IT FURTHER RESOLVED that the County Clerk shall transmit copies of this resolution to the Department of Finance, Department of Public Works, Department of Environmental Management,the applicant RCFC Kaloko Heights, LLC, and the Hawai`i Island Community Development Corporation. Dated at Kona , Hawai`i,this 28th day of March , 2019. INTRODUCED BY: g2//2 •UNCIL ► MBER, COUNTY OF HA `I COUNTY COUNCIL ROLL CALL VOTE County of Hawai`i AYES NOES ABS EX Hilo, Hawai`i CHUNG X DAVID X I hereby certify that the foregoing RESOLUTION was by EOFF X the vote indicated to the right hereof adopted bythe COUNCIL of the County of Hawai`i on March 28, 219 KANEALI`I-KLEINFELDER X KIERKIEWICZ X LEE LOY X ATTEST: POINDEXTER X RICHARDS X VILLEGAS X 8 0 1 0 Reference: C-148/AWEEMC-4 TY CLERK AIRPERSON&PRESIDIN •FFICER RESOLUTION NO. 86 19 2 Exh4// I Department of Environmental Management Wastewater Division, County of Hawai'i Application For Sewer Extension Part A. (must be completed) Project Address: KALOKO & KOHANAIKI, NORTH KONA, HAWAII Date: August 29, 2018 TMK No.: (3) 7-3-009:057, 058, 059, 060, 061 & 062; (3) 7-3-009:019; (3) 7-3-009:032 Applicant Information: Contractor Information: Name: RCFC KALOKO HEIGHTS, LLC Name: TO BE DETERMINED Address: 555 CALIFORNIA ST, #3450 Address: SAN FRANCISCO, CA 94101 Company: Company: Phone No.: Phone No.: Check applicable box: Sewer Main Installation (Indicate reason for work and complete Parts B &C.) ❑ Sewer Lateral Installation (Indicate reason for work and complete Part C) Reason For Work: TO CONNECT ABOVE PROPERTIES TO COUNTY OF HAWAII SEWER SYSTEM Part B. Sewer extensions are subject to Hawai'i County Code, Chapter 21, Division 4, Extensions. The APPLICANT shall be responsible for drafting the resolution and submitting it and supporting materials with the Application for Sewer Extension. Final documents will be submitted to County Council by the Department of Environmental Management. Select one of the following methods of payment for cost and construction: (Note: reimbursement refers to payments collected by the County from properties connecting to the extension) Section 21-28(a): Applicant constructs and pays. X❑ Section 21-28(b)(1): County constructs, applicant pays. ❑ Section 21-28(b)(2): County constructs, applicant and County share cost. ❑ Estimated Start Date MARCH 2020 Estimated Completion Date FEBRUARY 2021 Part C. I hereby certify that all work requested above will conform to appropriate sections of the Hawai`i County Code. Owner Signature: Date: /2-`i Department of Environmental Management, Wastewater Division Approved by: ehh - Date: AO C, Wastewater is' n Chief Approved by: Date: Director of Environmental Management Note: 1) Approval of the Application for Sewer Extension does NOT constitute approval for construction. Approval for construction is provided by an approved Permit to Perform Work on the Public Sewer System pending final approval by the Hawai'i County Council in accordance with Section 21-26.1 of the Hawai'i County Code. 2) Filing of Sewer Extension Resolution is not required for sewer lateral installations. Hawaii County is an Equal Opportunity Provider and Employer M:\Wastewater\Sewer Extension&Projects\Sewer Extension Application and Resolution\Sewer Extension Application.docx EXFI I epI T I 4 ..I ''''''cAl -- i VjidlikliAS--'-' 1 T r� s 414:1111 I . im ��i -, " ` ttm:r4.410 ' fr IS _Ill F-Jr-- r: 44t* 4111.41111.041.1441-4 % 111' RCFC Kaloko Ildlerier ra; I Hei his Phase 1 1� A* 4111 =% HICDC Low-Income g Rental Project Area =--� ;�1� AL-"Ir#e �1111, f� r Jalk 4 �- „ #. .\vs iv,w 701:511 e� ♦ . � Proposed Sewer Extension +" ',� a, ,, rI Hina Lani Street ♦' 1-1...,__.1,-,,-,,,--\__ . r ,_. '�� RCFC Kaloko )11n . � w�` 1 � " �.. ,�_5 Heights Phase 2 1_Yf Lay___ 4, 1_,...:.... — rt.--_.,_ 5 1, I n r �' --_r ,.-. 7_-----1-- its --, a � 1 n a Ill s+t� il1 - „`'i �, if IIr 1 ��� _ ' Proposed Sewer Extension t� ���� Ane Keohokalole Highway ` - -j g Y fI _� , West Hawaii b �I I `�/y�' 4 Civic Center • TI}S�1_�1 i 3 go _ ti lir % ,„\-----.. f y'1�►. "n' ��r ';S_+f_A 1y: 1la% 0 1?# 0..).4'\ \ 1. 1 Lii 11-4 g Existin Sewer Line from West Hawaii - c;. 4111V�11 Civic Center to Kealakehe W WTP ��_* � %�1101 \ iL i r`` Kealakehe Wastewater t f�-� -+ ��' q:9 !1' Treatment Plant I` RCFC Kaloko Heights 0 Application for Extension of Sewer System !kik\ - t-7--- Location Map _...__-----------------'' . I.* 0.--- 11IL ., f40 ;✓ .' `tib l' .' o ` EXHIBIT 2, Stephen J. Menezes 441 Kipuni Street Hilo,Hawaii 96720 Attorney at Law Tel(808)934-8916 Fax(808)934-8916 e-mail:stephenmenezesO©gmail.com August 31,2018 Curtis Bailey Department of Environmental Management Wastewater Division 345 Kekuanaoa Street, Suite 41 Hilo,Hawaii 96720 Re:Application for Sewer Extension:RCFC Kaloko Heights,LLC Dear Mr.Bailey: Your email to Keith Kato dated August 22,2018 regarding the referenced application for sewer extension was forwarded to me. As Mr. Kato noted in his response to you,Hawaii Island Community Development Corporation ("HICDC") is not the applicant The applicant is RCFC Kaloko Heights,LLC ("RCFC"). RCFC submitted its initial Application for Extension of Sewer System to the Department of.Environmental Management by letter dated August 16,2018 . Please consider this letter as providing information supplementing RCFC's initial letter Application of August 16, 2018. On behalf of RCFC, I have enclosed DEM's form Application for Sewer Extension, signed by RCFC on August 29,2018, and a proposed County Council resolution authorizing the sewer extension. The application requests an extension of the public sewer system from lands owned by RCFC described below. RCFC's project is located on both the north and south sides of Hina Lath Street and encompasses properties identified as TMKs:(3)7-3-009:057, 058, 059,060, 061 and 062 ("Kaloko Heights,Phase I") and TMK:(3)7-3-009:019 ("Kaloko Heights,Phase II"). RCFC owns the above identified properties,with the exception of parcel TMK:(3)7-3-009-059 which is owned by Kaloko Heights BIA Holdings,LLC (`BIA") and parcel TMK:(3)7-3-009-019 which is owned by Kaloko Heights Investors,LLC ("KHI"). Both BIA and KHI have authorized and support the application for sewer extension. The project will include single-family,multiple family and commercial uses. It will need to be connected to the County of Hawaii's sewer system by way of a sewer line from the makai boundary of the Phase I lands down Hina Lath Street and then along Ane Keohokalole Highway to the existing sewer line terminus in the vicinity of the West Hawaii Civic Center. Adjacent to RCFC's project is a 110 unit low income rental housing project being developed by the Hawaii Island Community Development Corporation ("HICDC") on TMK:(3)7-3-009-032. HICDC supports RCFC's application for the extension of the sewer system as evidenced by its enclosed letter of support. The HICDC project lands were conveyed to HICDC by RCFC. The HICDC project received support from the Hawaii County Council in conjunction with the adoption of Resolution No. 31-17 on January 25,2017. The HICDC project is targeted to be completed and EXHIBIT 3 Stephen J. Menezes 441 Kipuni Street Hilo,Hawaii 96720 Attorney at Law Tel(808)934-8916 Fax(808)934-8916 e-mail:stephenmenezes0@gmail.com Curtis Bailey Department of Environmental Management August 31,2018 Page 2 ready for occupancy no later than July 31,2021. Funding considerations require that wastewater from HICDC's project be treated at the County's Kealakehe wastewater treatment plant by that date. A map is enclosed depicting the location of the proposed sewer line extension to connect both RCFC's and HICDC's project to the County of Hawaii's existing sewer line. The proposed sewer line will consist of a gravity flow line and related improvements,including laterals provided along the sewer line extension to connect existing lots in the future. RCFC is proposing to finance and construct the sewer line extension by way of an improvement district under Chapter 12,HCC. By choosing to construct the extension and bearing the total cost of construction,we believe that RCFC qualifies,under section 21-28(a),HCC,to receive for ten years after completion of the sewer extension one-half of all moneys for sewer charges collected by the County from other properties connecting to the extension. We understand that plans to reimburse RCFC for the construction will require the approval of the County Council by resolution. Our proposed County Council resolution approving the sewer extension contains language to this effect. We would appreciate your expeditious review of this application and your recommendation for its approval to the County Council,pursuant to section 26-21(b),HCC. Thank you for your consideration in this matter Very truly yours, /STEP N J.ME EZES A. Ends. xc: Office of the Mayor Planning Department Department of Public Works Mark Meyer,RCFC Kaloko Heights BIA Holdings,LLC Kaloko Heights Investors,LLC Thomas Yeh William Moore Keith Kato,HICDC