Bill Text: HI SB2698 | 2014 | Regular Session | Amended
Bill Title: HCDA; Public Notice; Reconsideration Process
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-03-04 - Recommitted to WAM. [SB2698 Detail]
Download: Hawaii-2014-SB2698-Amended.html
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THE SENATE |
S.B. NO. |
2698 |
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TWENTY-SEVENTH LEGISLATURE, 2014 |
S.D. 2 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO THE HAWAII COMMUNITY DEVELOPMENT AUTHORITY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature established the Hawaii community development authority in 1976 as a public entity to determine community development programs and--in cooperation with private enterprise and federal, state, and county governments--to plan and implement programs that result in communities that serve the highest needs and aspirations of Hawaii's people. To ensure that a comprehensive and coordinated plan is executed with and for the community, the law that established the Hawaii community development authority explicitly requires community engagement in the community development plans and development projects.
However, the legislature finds that in the approximately thirty-seven years since its creation, the Hawaii community development authority has not met the standards for creating a mixed-use, mixed-income community. In fact, the Hawaii community development authority has not followed the plan adopted by the community and has instead liberally interpreted the requirements and amended the plan and rules without accountability or transparency, to the detriment of the community. As such, the Hawaii community development authority has failed to fulfill the mandate that the community development plan be implemented in an orderly, affordable, and feasible manner.
The legislature also finds that the Hawaii community development authority is operating without accountability or transparency in failing to meet one of its major objectives: to create housing for low- or moderate-income residents.
The purpose of this Act is to ensure that the Hawaii community development authority follows the intent of chapter 206E, Hawaii Revised Statutes, along with the plans and rules adopted to achieve the chapter's objectives--to create a community development district that meets the minimum requirements of good design, pleasant amenities, and public health and safety, while staying within existing uses. More specifically, this Act:
(1) Ensures that adopted plans and rules are followed, particularly in regard to density, height, infrastructure, and low- and moderate-income housing;
(2) Provides for adequate community engagement in the Hawaii community development authority's planning and decision-making on development projects; and
(3) Establishes a process for contesting the Hawaii community development authority's decisions.
SECTION 2. Chapter 206E, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§206E- Reconsideration; judicial review. Any person adversely affected by an action or decision of the authority may file a petition for reconsideration within thirty days of the authority's action or decision. Proceedings for judicial review of the authority's final decision on the petition for reconsideration shall be in the same manner as provided for in section 91-14."
SECTION 3. Section 206E-5, Hawaii Revised Statutes, is amended by amending subsection (f) to read as follows:
"(f) The authority may amend the
community development plan as may be necessary. Amendments shall be made in
accordance with chapter 91[.]; provided that no amendment to the
operative Kakaako community development district mauka and makai area plans,
and their attendant rules, shall take effect without the prior approval of the
legislature by a concurrent resolution submitted by the authority and adopted
by each house by at least a two-thirds majority vote of the members to which
that house is entitled.
The authority shall include in the concurrent resolution the proposed amendments and the justification therefor."
SECTION 4. Section 206E-5.5, Hawaii Revised Statutes, is amended to read as follows:
"[[]§206E-5.5[]]
Community engagement and public notice requirements; posting on the
authority's website; required. (a) The authority shall adopt community engagement
and public notice procedures pursuant to chapter 91 that [shall include],
at a minimum[:], shall:
(1) [A means to effectively] Effectively
engage the community in which the authority is planning a development project [to
ensure that community concerns are received and considered by the authority;],
by working with landowners and residents in the community in which the project
is located to ensure adherence to the community development rules, established
pursuant to section 206E-7, and ensure that proposed buildings do not adversely
affect the community or its residents and businesses;
(2) [The] Include the posting of the
authority's proposed plans for development of community development districts, including
details of any new proposed developments; public hearing notices[,];
and minutes of its proceedings on the authority's website; provided that, upon
request, a copy of notices shall be mailed to property owners and residents in
the affected community; and
(3) [Any] Include any other information
that the public [may find useful] requests so that it may
meaningfully participate in the authority's decision-making processes.
(b) The authority shall notify the president
of the senate [and]; speaker of the house[:]; and the
state senators, state representatives, and city council members who represent
the district in which the development project is to be located:
(1) Of any public hearing upon posting of the hearing notice; and
(2) With a report detailing the public's [reaction
at the public hearing,] comments and the authority's response to any
concerns raised about the project, within one week after the public
hearing."
SECTION 5. Section 206E-5.6, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
"(c) The authority shall notify the
president of the senate [and]; speaker of the house[:];
and the state senators, state representatives, and city council members who
represent the district in which the development project is to be located:
(1) Of any public hearing upon posting of the hearing notice; and
(2) With a report detailing the public's [reaction
at the public hearing,] comments and the authority's response to any
concerns raised about the project, within one week after the public
hearing."
SECTION 6. 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]
that 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] that 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] the
construction relates to infrastructure development or residential or business
relocation activities; provided further, notwithstanding section 206E-7, that [such]
the 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] that 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] shall
require a mixture of densities[,] not to exceed a maximum of 3.5 with
respect to the floor area ratio; building types[,] of no more
than four hundred feet in height; 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] 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[.]; and
(10) Before approving development projects, the authority shall:
(A) Require comprehensive studies of and plans for the infrastructure capacity of the sewers, roads, utilities including water and electricity, schools, parks, and other requirements to ensure that they meet the needs generated by the additional number of anticipated residents; and
(B) Where improvements are needed, impose the necessary impact fees upon the developer."
SECTION 7. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 8. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 9. This Act shall take effect on July 1, 2050.
Report Title:
HCDA; Public Notice; Reconsideration Process
Description:
Amends HCDA public notice requirements and requirements for project approval. Creates a reconsideration process with available judicial review for HCDA decisions or actions. Effective 7/1/2050. (SD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
