Bill Text: HI HB1195 | 2011 | Regular Session | Introduced

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Bill Title: Kakaako; Public Facilities; Provisions for Costs

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2011-01-26 - (H) Referred to WLO, FIN, referral sheet 2 [HB1195 Detail]

Download: Hawaii-2011-HB1195-Introduced.html

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HOUSE OF REPRESENTATIVES	H.B. NO.	1195
TWENTY-SIXTH LEGISLATURE, 2011
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to kakaako.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  The legislature finds that Act 144, Session Laws of Hawaii 2009, was enacted to ensure greater public participation in development decisions relating to the Kakaako makai area.  In addition, the Act defined the boundaries of the Kakaako makai area.

     Much of the testimony relating to the Act focused on a vision for the Kakaako makai area as a community gathering place for the benefit of the general public, where community and culture converge in response to the natural scenic beauty of the green shoreline open space.  If the plans for the Kakaako makai area as a public gathering place are to succeed, funding must be identified and dedicated to that purpose.

     Under section 206E-6, Hawaii Revised Statutes, the Hawaii community development authority is required to develop a district-wide improvement program to identify necessary district-wide public facilities within a community development district, with the cost of providing the public facilities to be assessed against the real property in the community development district specially benefiting from such public facilities.

     In the case of the Kakaako community development district, the majority of the development activities that might fund these public facilities are confined to the Kakaako mauka area.

     In addition, in 2010, the senate committee on economic development and technology and the house committee on economic revitalization, business, and military affairs convened an informal small business discussion group to address the most critical issues facing the small business sectors within Hawaii's economy.  Representatives from the Chamber of Commerce of Hawaii, construction and trades industries, community nonprofits, the agricultural sector, food and restaurant industries, retailing, the science and technology sector, the commercial transportation industry, and interested stakeholders developed a package of bills that address the most pressing problems facing Hawaii's small business community.

     The purpose of this Act is to support the findings of the small business working group and recommendations to ensure the public benefit within the overall Kakaako community development district by requiring the cost of providing public facilities in the Kakaako makai area to be assessed as part of a condition of developing real property in the Kakaako mauka area.

     SECTION 2.  Section 206E-33, Hawaii Revised Statutes, is amended to read as follows:

     "§206E-33  Kakaako community development district; development guidance policies.  The following shall be the development guidance policies generally governing the authority's action in the Kakaako community development district:

     (1)  Development shall result in a community which permits an appropriate land mixture of residential, commercial, industrial, and other uses.  In view of the innovative nature of the mixed use approach, urban design policies should be established to provide guidelines for the public and private sectors in the proper development of this district; while the authority's development responsibilities apply only to the area within the district, the authority may engage in any studies or coordinative activities permitted in this chapter which affect areas lying outside the district, where the authority in its discretion decides that those activities are necessary to implement the intent of this chapter.  The studies or coordinative activities shall be limited to facility systems, resident and industrial relocation, and other activities with the counties and appropriate state agencies.  The authority may engage in construction activities outside of the district; provided that such construction relates to infrastructure development or residential or business relocation activities; provided further, notwithstanding section 206E-7, that such construction shall comply with the general plan, development plan, ordinances, and rules of the county in which the district is located;

     (2)  Existing and future industrial uses shall be permitted and encouraged in appropriate locations within the district.  No plan or implementation strategy shall prevent continued activity or redevelopment of industrial and commercial uses which meet reasonable performance standards;

     (3)  Activities shall be located so as to provide primary reliance on public transportation and pedestrian facilities for internal circulation within the district or designated subareas;

     (4)  Major view planes, view corridors, and other environmental elements such as natural light and prevailing winds, shall be preserved through necessary regulation and design review;

     (5)  Redevelopment of the district shall be compatible with plans and special districts established for the Hawaii Capital District, and other areas surrounding the Kakaako district;

     (6)  Historic sites and culturally significant facilities, settings, or locations shall be preserved;

     (7)  Land use activities within the district, where compatible, shall to the greatest possible extent be mixed horizontally, that is, within blocks or other land areas, and vertically, as integral units of multi-purpose structures;

     (8)  Residential development may require a mixture of densities, building types, and configurations in accordance with appropriate urban design guidelines; integration both vertically and horizontally of residents of varying incomes, ages, and family groups; and an increased supply of housing for residents of low- or moderate-income may be required as a condition of redevelopment in residential use.  Residential development shall provide necessary community facilities, such as open space, parks, community meeting places, child care centers, and other services, within and adjacent to residential development;

     (9)  Public facilities within the district shall be planned, located, and developed so as to support the redevelopment policies for the district established by this chapter and plans and rules adopted pursuant to it[.]; provided that the cost of providing public facilities in the Kakaako makai area shall be assessed as part of a condition of developing real property in the Kakaako mauka area."

     SECTION 3.  Section 206E-35, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§206E-35[]]  Kakaako makai; plan.  In developing, accepting, and implementing any plans for the development of the Kakaako makai area within the Kakaako community development district, including provisions for the cost of providing public facilities pursuant to section 206E-33(9), the authority shall collaborate with and consider the recommendations of the Kakaako makai community planning advisory council, established pursuant to house concurrent resolution no. 30, regular session of 2006, and organized in 2007.  Any transfer of property in the Kakaako makai area within the Kakaako community development district to any state or county agency shall be upon the condition that the agency shall be required to collaborate with and consider the recommendations of the Kakaako makai community planning advisory council in the development, acceptance, and implementation of any plan for the transferred property.  As used in this section, "Kakaako makai" means the area within the Kakaako community development district that is from the east side of Kewalo basin at the ewa wall of Ala Moana Park, to Forrest Avenue, and from Ala Moana Boulevard to the ocean."

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Kakaako; Public Facilities; Provisions for Costs

 

Description:

Requires the cost of providing public facilities in the Kakaako makai area to be assessed as part of a condition of developing real property in the Kakaako mauka area.

 

 

 

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