Bill Text: HI SB2915 | 2010 | Regular Session | Amended
Bill Title: Hawaii Community Development Authority; Kakaako Community Development District; Development Agreements
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2010-02-12 - (S) Report adopted; Passed Second Reading, as amended (SD 1) and referred to JGO. [SB2915 Detail]
Download: Hawaii-2010-SB2915-Amended.html
STAND. COM. REP. NO. 2318
Honolulu, Hawaii
RE: S.B. No. 2915
S.D. 1
Honorable Colleen Hanabusa
President of the Senate
Twenty-Fifth State Legislature
Regular Session of 2010
State of Hawaii
Madam:
Your Committees on Water, Land, Agriculture, and Hawaiian Affairs and Transportation, International and Intergovernmental Affairs, to which was referred S.B. No. 2915 entitled:
"A BILL FOR AN ACT RELATING TO THE KAKAAKO COMMUNITY DEVELOPMENT DISTRICT,"
beg leave to report as follows:
The purpose of this measure is to establish a process for the Hawaii Community Development Authority (HCDA) to enter into development agreements for lands within the Kakaako Community Development District.
Testimony in support of the measure was submitted by three private organizations. Comments were submitted by HCDA and one private individual. Written testimony presented to your Committees may be reviewed on the Legislature's website.
Your Committees find that predictability in the development approval process encourages investors and developers and enables community planning that is consistent and well-designed. While development agreements are commonly used by HCDA in the Kakaako Community Development District, more certainty is needed in implementing development agreements so that developers are reassured that their carefully designed housing or commercial projects continue to be viable and not entirely subject to change at any time. Accordingly, your Committees find that providing some predictability for developers is important. However, your Committees note that grants of development rights vesting must be tempered in order to avoid separation of powers issues.
One of the largest projects under development is being planned by Kamehameha Schools, encompassing twenty-nine acres within the Mauka Area of the Kakaako Community Development District. Given the mixed-use urban village envisioned by the HCDA and Kamehameha Schools, this type of predictability is needed. Your Committees also note that the plans for the City and County of Honolulu's rail project currently run through the Kaakako area. The HCDA noted that the fifty-foot setbacks required for the project have already been taken into account.
Your Committees have amended this measure by:
(1) Revising the provisions regarding vesting of development rights in order to address issues of separation of powers;
(2) Inserting an effective date of July 1, 2050, in order to ensure further discussion regarding these issues; and
(3) Making technical, nonsubstantive amendments for purposes of consistency, clarity, and style.
As affirmed by the records of votes of the members of your Committees on Water, Land, Agriculture, and Hawaiian Affairs and Transportation, International and Intergovernmental Affairs that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 2915, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 2915, S.D. 1, and be referred to the Committee on Judiciary and Government Operations.
Respectfully submitted on behalf of the members of the Committees on Water, Land, Agriculture, and Hawaiian Affairs and Transportation, International and Intergovernmental Affairs,
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____________________________ J. KALANI ENGLISH, Chair |
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____________________________ CLAYTON HEE, Chair |
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