PUBLIC NOTICE OF
VARIANCE APPLICATION NO. WW 236
DOCKET NO. 06-VWW-25
Pursuant to section 342D-7(i), Hawaii Revised Statutes, the State Department of Health (DOH) seeks written comments from interested persons regarding the following. Mr. Stephen K. Kawahara, of Steadfast Housing Development Corporation (SHDC), Honolulu, Hawaii has applied for a five (5) year variance from Hawaii Administrative Rules (HAR) Section 11-62-31.1(a)(1)(A) which states For residential developments. There shall be 10,000 square feet of land area for each individual wastewater system. and Section 11-62-31.1(5) which states Specific requirements for new and proposed treatment units, the following schedule shall apply to septic tank sizing, 4 or less bedrooms, 1000 gallons minimum capacity, five (5) bedrooms, 1250 gallons minimum capacity.
Mr. Kawahara on behalf of SHDC No. 12 is requesting the use of an individual wastewater system (IWS) to service a six (6) bedroom (5 clients and 1 manager) building versus the maximum five (5) bedroom unit at 74-5079 Hanahanai Loop, Kailua-Kona, Hawaii and identified as TMK: (3) 7-4-016: 061. The property is 8,372 square feet in size.
The applicant has made the following comments.
1. Proposed Project: SHDC No. 12 – Kona Group Home, is planning to construct a new two story residence on vacant land at 74-5079 Hanahanai Loop, Kailua-Kona, Hawaii. The property is located on Kona Chocho Estates, Unit 1, Kealakehe, North Kona, Island of Hawaii, County of Hawaii, TMK: (3) 7-4-016: 061. (Lot 61, Kona Chocho Estates Subdivision, Unit 1) The new residence will provide five (5) client bedrooms and one (1) managers bedroom totaling six (6) bedrooms. SHDC No. 12, Inc. is a Hawaii private nonprofit corporation that was formed by Steadfast Housing Development Corporation, the Project sponsor, to develop, own, and operate the proposed project. Steadfast Housing provides affordable rental housing opportunities state-wide for adults with special needs. This home will house five very low income special needs adults and will be staffed by a Steadfast resident manager. This home will be used strictly for domiciliary purposes, however, off-site support services will be provided by the State of Hawaii Department of Health (DOH) Community Mental Health Center, as discussed in the enclosed DOH letter (EXHIBIT F-1A) funding to develop and operate this project is being provided by the U.S. Department of Housing and Urban Development (HUD) under its Section 811 Supportive Housing for Persons with Disabilities Program. As the enclosed letter from HUD (EXHIBIT F-1B) states, HUD is providing a capital advance of $724,000.00 to develop the project and up to $20,500.00 per year to operate the home for five special need clients. As part of HUDs requirements, the project shall house residents of very low income (50% of median income or below) with disabilities, and must be maintained for this purposed for at least 40 years. Further, the home shall be owned by a single-asset, private nonprofit corporation. Thus, Steadfast has recently formed SHDC No.12, Inc. to serve as the Owner of the proposed home.
2. Sponsor Background: (c) Steadfast Housing Development Corporation (SHDC) is a private nonprofit 501 © (3) corporation incorporated in May of 1989. The mission of the corporation is to acquire, develop, own and manage housing suitable for occupancy by persons in Hawaii who have special needs. During the 17 years since its incorporation, SHDC has acquired, manages and operates through State, Federal, and County Grants and contracts, 37 group homes, 6 condominium apartments, a 70 bed SRO apartment building and approximately 470 private sector rental units serving approximately 740 consumers. The goal of SHDC is to provide statewide housing opportunities and support services to both homeless and non-homeless persons who have special needs. To pursue all available housing options via State, Federal, County and Private sources in finding the resources that will enable the continued development, operations of these homes and the provision of necessary support services to the consumers in these homes. It is SHDCs philosophy that a safe, healthy comfortable living environment is the foundation by which the special needs population will truly benefit by rehabilitative and counseling efforts in making their lives better.
3. Variance Requested: Applicable rules affected by this variance request are Hawaii Administrative Rules, Title 11, Department of Health, Chapter 62, Wastewater Systems, Subchapter 3, Individual Wastewater Systems, § 11-62-31.1(1(A) and § 11-62-33.1 which required 10,000 square feet of land area for each Individual Wastewater System (IWS) and 5 bedrooms or 1,000 gallons of effluent per system. SHDC NO. 12 is requesting the use of an IWS to service 6 bedrooms (5 clients and 1 manager) versus the required maximum of 5 bedroom units. Although it is proposed to have 6 bedrooms, Federal Guidelines for (HUD) funded projects limits the occupancy of client bedrooms to one (1) person. State of Hawaii DOH standards assume an occupancy of two persons per bedroom and 100 gallons per person per day. Therefore, although the project is above the 5 bedroom limit, the calculated wastewater flow based on Federal HUD limitations for this project is 700 gallons (5 clients = 500 gallons, plus mangers bedroom = 200 gallons), which does not exceed the HUD guidelines.
4. Attachment A-1: This will be a new dwelling constructed on a vacant lot equipped with an individual wastewater system capable of handling a design flow of 1,000 gallons per day. The lot is 8,372 square feet of 0.192 acres in size. There is no county sewer system in this area of Kona. The individual wastewater system will be sized with a 1,250 gallon minimum size septic tank and appropriately sized absorption bed to handle the anticipated wastewater flows.
5. Attachment B-1: The proposed 5 bedrooms and one managers room, 6 rooms total, is above the 5 bedroom maximum requirement for a single IWS.
6. Attachment C-1: Not Applicable.
7. Attachment D-1: The IWS will be designed and constructed to process all the wastewater generated from this dwelling so that there will be no adverse impact to the environment. Granting the variance will allow the care home to be built and utilized by the Kona special needs community.
8. Attachment D-2: The IWS will be designed to process all of the generated wastewater from this dwelling and the installation of the IWS will conform to all State Department of Health Wastewater Division and County of Hawaii regulations and therefore no adverse impacts to human health or safety are anticipated.
9. Attachment D-3: As noted in Attachment I, the proposed project will provide needed additional housing for the special needs in the Kona area where accommodations of this kind are in very short supply. The granting of this variance will assure that this project will proceed and actually become a benefit to the community, whereas no benefit would be realized if this project is not completed. The serious hardship would be felt by the special needs persons who are left without a decent and appropriate place to stay.
10. Attachment E-1: We are requesting the maximum of 5 years for this variance since it is not known when the County of Hawaii will be able to provide a municipal sewer system in this area which would service this lot. The County of Hawaii does not currently have a timetable for municipal sewer improvements in this subdivision or immediate vicinity.
Plot maps and copies of various letters have been attached to this application for variance but can not be shown here. If you would like to review the complete application, please call or write to the Wastewater Branch, 919 Ala Moana Boulevard, Room 309, Honolulu, Hawaii 96814-4920, telephone (808) 586-4294 fax (808) 586-4300 to obtain a facsimile. DOH will consider all written comments received within thirty days of this notice. If warranted, DOH may hold a public hearing on the variance application, after a separate related documents, written comments and the public hearing, if any.
CHIYOME LEINAALA FUKINO, M.D.
Director of Health (SB05526460 12/15/06)