HomeMy WebLinkAboutRES 717-20 Draft 1 Kuakini Highway 75-6099 Corp.COUNTY OF HAWAII STATE OF HAWAIIM
44 OF M1''
RESOLUTION NO. 717 20
A RESOLUTION RESCINDING AND CANCELLING RESOLUTION NO. 281-14
DRAFT 2) AND AUTHORIZING THE EXEMPTION OF CERTAIN CODE
REQUIREMENTS, PURSUANT TO SECTIONS 201H-38 AND 46-15.1 OF THE
HAWAII REVISED STATUTES, FOR KUAKINI SENIOR LIVING IN NORTH KONA,
HAWAII, COVERED BY TAX MAP KEY (3) 7-5-017:005.
WHEREAS, on June 1, 2006, Change of Zone Ordinance No. 06-78 took effect,
changing the district classification from agricultural (A-5a) to multiple-family residential (RM-
2.5) on the parcel covered by Tax Map Key (3) 7-5-017:005 consisting of 14 acres (the
PROPERTY"); and
WHEREAS, on March 7, 2014, the Hawai`i County Council adopted Resolution No.
281-14 (Draft 2) authorizing the exemption of certain code requirements, pursuant to Sections
201H-38 and 46-15.1 of the Hawai`i Revised Statutes ("HRS"), for West Hawai`i Senior Living
on the Property; and
WHEREAS, KUAKINI HIGHWAY 75-6099 CORP. ("OWNER"), the owner and
current developer of the PROPERTY, is in the process of developing a senior housing and care
campus on the PROPERTY in up to three phases consisting of: (a) an assisted living/memory
care facility for about 101 residents ("AL/MCF"); (b) a skilled nursing facility for about 155
residents ("SNF"); and (c) employee housing accommodations for employees of the AL/MCF
and SNF to the extent that sufficient water capacity is available to the PROPERTY
EMPLOYEE HOUSING"); and
WHEREAS, AL/MCF, SNF, and EMPLOYEE HOUSING, collectively, will be referred
to as the"PROJECT"; and
WHEREAS, HRS Section 201H-38, in conjunction with HRS Section 46-15.1, allows
the County, with approval of the County Council, to exempt affordable housing projects from
certain code and zoning requirements to facilitate the development of such projects; and
WHEREAS, no less than fifty percent(50%) of the total residential accommodations at the
PROJECT will be affordable in accordance with HRS Section 201H-38, and the AL/MCF and
SNF rental residential accommodations set forth in the second clause above may be adjusted by
twenty percent(20%),plus or minus; provided, however, that the PROJECT and specific
accommodation mix shall at all times be subject to applicable density and zoning restrictions; and
WHEREAS, the PROJECT is subject to the conditions of approval for Ordinance No.
06-78, and the OWNER has requested that the County exempt the PROJECT from certain
conditions of Ordinance No. 06-78 as well as certain Hawai`i County Code requirements to
facilitate the development of the PROJECT; and
WHEREAS, the PROJECT will promote the goals contained in HRS Section 201H-38
and Chapter 11, Housing, of the Hawai`i County Code; and
WHEREAS, if, for any reason, this project is not constructed on the PROPERTY, all
conditions of Ordinance No. 06-78 shall thereafter be in effect for the PROPERTY; now,
therefore,
BE IT RESOLVED that Resolution 281-14 (Draft 2) is hereby rescinded and cancelled
in its entirety, and superseded by this resolution.
BE IT FURTHER RESOLVED BY THE COUNCIL OF THE COUNTY OF
HAWAII that it hereby authorizes the exemption of certain code requirements as provided in
the attached Exhibit "A," pursuant to HRS Sections 201H-38 and 46-15.1, for Kuakini Senior
Living in North Kona, Hawai`i, covered by Tax Map Key (3) 7-5-017:005.
BE IT FURTHER RESOLVED that this resolution shall take effect immediately.
BE IT FINALLY RESOLVED that a copy of this resolution be transmitted to the
Planning Director and Housing Administrator of the County.
Dated at Kona Hawai`i, this 16th day of September 2020 •
IN ' DUCE I B :
C•UNCIL MEMBER, COUNT OF HAWAI`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 by the COUNCIL of the KANEALI`I-KLEINFELDER XCountyofHawaiionSeptember16, 2020
KIERKIEWICZ X
LEE LOY X
ATTEST: POINDEXTER X
RICHARDS X
VILLEGAS X
9 0 0 0
Reference: C-1051/PC-54
LERK CH IRPERSON&PRESIDING ICER RESOLUTION NO.1 i 20
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EXHIBIT "A"
HRS § 201H-38 REQUESTED EXEMPTIONS
1. Application fees: Chapter 5 of the Hawai`i County Code:
Exemption from the building permit fee required under Sections 5-31 and 5-35 of the
Hawai`i County Code ("HCC").
2. Grading and Grubbing Permit Fees: Section 10-11, HCC:
Exemption from any grading, grubbing or stockpiling permit fees as well as any related
inspection fees imposed under Section 10-11, HCC.
3. Use Permit: Section 25-2-61, HCC:
Exemption from the requirement for a use permit under Section 25-2-61, HCC. The Kuakini
Senior Living project is considered a permitted use on the subject property.
4. Building Height: Sections 25-4-20 and 25-5-33, HCC:
Exemption from the maximum building height limit of 45 feet in the RM district to allow a
maximum building height of 48 feet.
5. Required Number of Parking Spaces: Section 25-4-51, HCC:
Exemption from the standard required number of parking stalls for the skilled nursing
component of the Project. Fifty (50) parking stalls rather than the standard 78 parking stalls
shall be required in connection with the skilled nursing facility. No exemption for the parking
stall requirement for the other components (assisted living/memory care facility and
employee housing) ofthe Project.
6. Ordinance 06-78 Section 1:
Exemption from the Multiple-Family Residential (RM-2.5) zoning district to allow the
Multiple-Family Residential (RM-2) zoning district because of the additional cost of land to
meet the 2,500 square feet per unit required under the RM-2.5 zoning district.
7. Ordinance 06-78 Condition C:
Exemption from the construction time requirements of Condition C of Ordinance No. 06-78.
8. Ordinance 06-78 Condition H:
Condition H of Ordinance 06-78 is amended and replaced with the following:
Ifthe project is built before the portion of the Kahului to Keauhou Parkway(Parkway) is built
through the subject property, the project may access Kuakini Highway at a location meeting
with the approval of the Department of Public Works. Any unrestricted approach to Kuakini
Highway shall include dedicated left-turn and refuge-storage lanes on Kuakini Highway.
Should the applicant choose to locate an unrestricted access on Kuakini Highway at the
future intersection of the Parkway, the access driveway shall be built on the Parkway
alignment and to specifications that can be used as a portion of the Parkway when the
Parkway is built, meeting with the approval of the Department of Public Works. A
secondary access shall be provided to Kuakini Highway and restricted to right-out only
unless otherwise approved by the Department of Public Works.
Upon completion of the Parkway, the project shall access the Parkway at location(s) and with
movement restrictions meeting with the approval of the Department of Public Works and any
existing approach on Kuakini Highway shall be restricted to right-out only unless otherwise
approved by the Department of Public Works.
The applicant shall be required to provide a Traffic Circulation Plan meeting with the
Department of Public Works, showing the future proposed access to the Parkway and
Kuakini Highway, including how any required movement restrictions will be implemented,
with any application for Plan Approval.
Access improvements shall be constructed at no cost to the County and may consist of, but
not be limited to, pavement widening, drainage improvements and relocation of utilities
meeting with the approval of the Department of Public Works.
9. Ordinance 06-78 Condition V:
Exemption from park site requirement of Condition V of Ordinance No. 06-78.
10. Ordinance 06-78 Condition W:
The first and third to the last sentences of Condition W of Ordinance 06-78 relating to sound
abatement measures in connection with construction of the Parkway are amended and
restated as follows. The remainder of Condition W shall remain in full force and effect.
The first sentence of Condition W of Ordinance 06-78 is replaced with the following: "The
applicant, its successors, and assigns shall be responsible for the cost of any sound abatement
measures to reduce sound within the project."
The third to the last sentence of Condition W of Ordinance 06-78 is replaced with the
following: "This property was rezoned on the condition that the development's property
owner(s), successors, and assigns shall be responsible for the cost of any sound abatement
measures to reduce sound within the project."
11. Ordinance 06-78 Condition Y:
Exemption from Condition Y of Ordinance 06-78 regarding Fair Share Contribution.
12. Ordinance 06-78 Condition Z:
Exemption from Condition Z of Ordinance 06-78 regarding the requirement to pay impact
fees should the County Council adopt a Unified Impact Fees Ordinance.
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13. Kona Community Development Plan, September 2008 (KCDP), Policy LU-2.8:
Exemption from concurrency requirements of Policy LU-2.8 of the Kona Community
Development Plan and Section 25-2-46, HCC.
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