Bill Text: HI HB1532 | 2010 | Regular Session | Introduced

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Bill Title: Kakaako Community Development District, Mauka Area; Reserved Housing

Spectrum: Partisan Bill (Democrat 16-0)

Status: (Introduced - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [HB1532 Detail]

Download: Hawaii-2010-HB1532-Introduced.html

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Report Title:

Kakaako Community Development District, Mauka Area; Reserved Housing

 

Description:

Increases the reserved housing requirement for a major development on a lot of at least 1 acre in the Kakaako community development district, mauka area.

 

HOUSE OF REPRESENTATIVES	H.B. NO.	1532
TWENTY-FIFTH LEGISLATURE, 2009
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 purpose of this Act is to increase the reserved housing requirement for a major development on a lot of at least one acre in the Kakaako community development district, mauka area.  For such a major development, at least sixty per cent of the number of units shall be constructed and made available as reserved housing units for low- and moderate-income families.  The number of units countable for establishing the percentage for reserved housing units is the number of units of every building of the major development.  The developer is required to divide the reserved housing floor area into the number, types, and sizes of reserved housing units set by the Hawaii community development authority.  The legislature intends that the reserved housing requirement apply to every major development on a lot of at least one acre, except if the major development is on a lot owned by a public utility and developed for public utility operations.  The legislature emphasizes that the requirement is to apply even if the developer intends to construct only commercial, industrial, or resort uses on the lot.

     This Act also establishes a reserved housing requirement for a planned development with multi-family dwelling units on a lot of at least twenty thousand square feet, but less than one acre.  At least fifty per cent of the multi-family dwelling units to be constructed are required to be set aside for reserved housing.  This requirement is the same for a major development with multi-family dwelling units on a lot of at least twenty thousand square feet.

     This Act requires the Hawaii community development authority to adopt implementing rules without regard to the public notice and public hearing requirements of chapter 91, Hawaii Revised Statutes.  The exemption from portions of chapter 91, Hawaii Revised Statutes, is intended to facilitate the adoption of the rules.

     To prevent a flurry of permit applications for major developments on lots of at least one acre before the rules are adopted, this Act prohibits the Hawaii community development authority from accepting the applications until the rules take effect.  The legislature finds that this action is necessary to ensure that the public receives the maximum benefit from this Act.

     With respect to the eligibility requirements of a low- or moderate-income family to purchase or rent a reserved housing unit, the legislature does not intend that this Act cause any change from the requirements under existing statute or rule.  The legislature intends that the present eligibility requirements remain the same until amended by statute or rule.

     This Act also repeals the provisions that allowed a developer to fulfill the developer's reserved housing requirement by developing affordable housing outside the applicable community development district.

     SECTION 2.  Chapter 206E, Hawaii Revised Statutes, is amended by adding a new section to part II to be appropriately designated and to read as follows:

     "§206E-     Reserved housing requirement for Kakaako mauka area.  (a)  At least sixty per cent of the number of units of each major development on a lot of at least one acre in the Kakaako mauka area shall be developed as and made available for reserved housing units.  The developer of the major development shall divide units for reserved housing into and construct the number, types, and sizes of reserved housing units set by the authority.  The authority shall establish sale prices or rents to be charged that are affordable to families intended to be served by the reserved housing units.  The authority also shall set the number of parking stalls to be assigned to the reserved housing units according to the same off-street parking requirements applicable to non-reserved housing units, and the authority shall not waive or exempt the developer from providing the required number of parking stalls for the reserved housing units.

     The number of units upon which the reserved housing requirement is calculated shall be based on:

     (1)  For a planned development, the number of units in the plan approved by the authority in the planned development permit for a planned development; or

     (2)  For a major development that is not a planned development, the number of units in the plan submitted to the authority before any building permit application is submitted.

     The reserved housing unit requirement shall not be changed if, subsequent to the approval or submission of the plan to the authority, the number of units is decreased.  If, however, the number of units is increased before the issuance of a building permit for a building on the lot, the reserved housing unit requirement shall be appropriately increased.

     The reserved housing requirement of this subsection shall not apply to a major development on a lot owned by a public utility if the uses and facilities developed are intended for public utility operations.

     (b)  For a planned development with multi-family dwelling units on a lot between twenty thousand and 43,559 square feet, at least fifty per cent of the number of units shall be reserved housing units.  The authority shall set the types and sizes of the reserved housing units and establish sale prices or rents to be charged that are affordable to families intended to be served by the reserved housing units.  The authority also shall set the number of parking stalls to be assigned to the reserved housing units according to the same off-street parking requirements applicable to non-reserved housing units, and the authority shall not waive or exempt the developer from providing the required number of parking stalls for the reserved housing units.

     (c)  The authority shall not allow the developer of a major development to make a cash payment to the authority in lieu of developing and making available the reserved housing floor area or units required by this section.

     (d)  The developer of a major development shall construct the number of reserved housing units required by this section prior to or concurrent with the construction of other uses of the development.  The authority shall allow the issuance of a certificate of occupancy for any of the other uses as long as construction begins on the reserve housing units.

     (e)  A developer of a major development who develops and makes available more reserved housing units than required by this section shall be entitled to a credit for the excess and may transfer the credit to another of the developer's major development in the same community development district.  The credit shall equal the amount of reserved housing units developed and made available in excess of the requirement of this section.  Any transferred credit shall be deducted from the reserved housing units required of the developer's other major development.

     (f)  The authority shall adopt rules in accordance with chapter 91 and section 6 of this Act to implement this section.

     (g)  For the purpose of this section:

     "Base zoning" means the use, lot area, building area, height, density, bulk, yard, setback, open space, on-site parking and loading, and other zoning standards or other restrictions imposed upon a development on a particular lot.

     "Community service use" means any of the following uses:

     (1)  Nursing or convalescent home, nursing facility, assisted living administration, or ancillary assisted living amenities for the elderly or persons with disabilities;

     (2)  Child care, day care, or senior citizen center;

     (3)  Nursery school or kindergarten;

     (4)  Church;

     (5)  Charitable institution or nonprofit organization;

     (6)  Public use; or

     (7)  Consulate.

     "Kakaako mauka area" means the area of the Kakaako community development district mauka of Ala Moana Boulevard.

     "Major development" means a development that conforms with the base zoning, but has a floor area ratio exceeding 1.5 or a structure height exceeding forty-five feet, or both.

     "Median income" means the median annual income, adjusted for family size, for households in the city and county of Honolulu.

     "Planned development" means a development for which the authority approves a greater density or any other difference from the base zoning applicable to the lot on which the development is situated in exchange for public facilities, amenities, and reserved housing units provided by the developer.

     "Public utility" means the same as defined under section 269-1.

     "Reserved housing unit" for this development means a multi-family dwelling unit that is developed for the following:

     (1)  Purchase by a family in which:

         (A)  Twenty per cent of the units shall be for those with an income from one hundred twenty to one hundred forty per cent of the median income;

         (B)  Twenty per cent of the units shall be for those with an income from one hundred to one hundred twenty per cent of the median income;

         (C)  Fifty per cent of the units shall be for those with an income from eighty to one hundred per cent of the median income;

         (D)  Ten per cent of the units shall be for those with an income from seventy to eighty per cent of the median income; and

all purchasers comply with other eligibility requirements established by statute or rule; or

     (2)  Rent to a family that:

         (A)  Has an income of not more than eighty per cent of the median income; and

         (B)  Complies with other eligibility requirements established by statute or rule.

A "reserved housing unit" shall be one of the following types of dwelling units:  studio with one bathroom; one bedroom with one bathroom; and two bedrooms with one bathroom.

     "Special facility use" means a use in a "special facility" as defined in section 206E-181."

     SECTION 3.  Section 206E-4, Hawaii Revised Statutes, is amended to read as follows:

     "§206E-4  Powers; generally.  Except as otherwise limited by this chapter, the authority may:

     (1)  Sue and be sued;

     (2)  Have a seal and alter the same at pleasure;

     (3)  Make and execute contracts and all other instruments necessary or convenient for the exercise of its powers and functions under this chapter;

     (4)  Make and alter bylaws for its organization and internal management;

     (5)  Make rules with respect to its projects, operations, properties, and facilities, which rules shall be in conformance with chapter 91;

     (6)  Through its executive director appoint officers, agents, and employees, prescribe their duties and qualifications, and fix their salaries, without regard to chapter 76;

     (7)  Prepare or cause to be prepared a community development plan for all designated community development districts;

     (8)  Acquire, reacquire, or contract to acquire or reacquire by grant or purchase real, personal, or mixed property or any interest therein; to own, hold, clear, improve, and rehabilitate, and to sell, assign, exchange, transfer, convey, lease, or otherwise dispose of or encumber the same;

     (9)  Acquire or reacquire by condemnation real, personal, or mixed property or any interest therein for public facilities, including but not limited to streets, sidewalks, parks, schools, and other public improvements;

    (10)  By itself, or in partnership with qualified persons, acquire, reacquire, construct, reconstruct, rehabilitate, improve, alter, or repair or provide for the construction, reconstruction, improvement, alteration, or repair of any project; own, hold, sell, assign, transfer, convey, exchange, lease, or otherwise dispose of or encumber any project, and in the case of the sale of any project, accept a purchase money mortgage in connection therewith; and repurchase or otherwise acquire any project [which] that the authority has [theretofore] sold or otherwise conveyed, transferred, or disposed of;

    (11)  Arrange or contract for the planning, replanning, opening, grading, or closing of streets, roads, roadways, alleys, or other places, or for the furnishing of facilities or for the acquisition of property or property rights or for the furnishing of property or services in connection with a project;

    (12)  Grant options to purchase any project or to renew any lease entered into by it in connection with any of its projects, on such terms and conditions as it deems advisable;

    (13)  Prepare or cause to be prepared plans, specifications, designs, and estimates of costs for the construction, reconstruction, rehabilitation, improvement, alteration, or repair of any project, and from time to time to modify such plans, specifications, designs, or estimates;

    (14)  Provide advisory, consultative, training, and educational services, technical assistance, and advice to any person, partnership, or corporation, either public or private, in order to carry out the purposes of this chapter, and engage the services of consultants on a contractual basis for rendering professional and technical assistance and advice;

    (15)  Procure insurance against any loss in connection with its property and other assets and operations in [such] amounts and from [such] insurers as it deems desirable;

    (16)  Contract for and accept gifts or grants in any form from any public agency or from any other source; and

    (17)  Do any and all things necessary to carry out its purposes and exercise the powers given and granted in this chapter[; and

    (18)  Allow satisfaction of any affordable housing requirements imposed by the authority upon any proposed development project through the construction of reserved housing, as defined in section 206E-101, by a person on land located outside the geographic boundaries of the authority's jurisdiction.  Such substituted housing shall be located on the same island as the development project and shall be substantially equal in value to the required reserved housing units that were to be developed on site.  The authority shall establish the following priority in the development of reserved housing:

         (A)  Within the community development district;

         (B)  Within areas immediately surrounding the community development district;

         (C)  Areas within the central urban core;

         (D)  In outlying areas within the same island as the development project.

              The Hawaii community development authority shall adopt rules relating to the approval of reserved housing that are developed outside of a community development district.  The rules shall include, but are not limited to, the establishment of guidelines to ensure compliance with the above priorities]."

     SECTION 4.  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 require a mixture of densities, building types, and configurations in accordance with appropriate urban design guidelines[;] and the 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.] provided that the reserved housing requirements of section 206E-     shall be imposed upon a major development when applicable.  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; and

     (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."

     SECTION 5.  Section 206E-101, Hawaii Revised Statutes, is amended by amending the definition of "reserved housing" to read as follows:

     ""Reserved housing" means [housing designated for residents in the low-or moderate-income ranges who meet such eligibility requirements as the authority may adopt by rule.] a reserved housing unit as defined under section 206E-   ."

     SECTION 6.  The Hawaii community development authority shall adopt rules to implement this Act without regard to the public notice and public hearing requirements of section 91-3, Hawaii Revised Statutes, or the small business impact review requirements of chapter 201M, Hawaii Revised Statutes.  The authority shall adopt the rules before January 1, 2010.  Any subsequent amendment of the rules adopted pursuant to this section shall be subject to all applicable provisions of chapter 91 and chapter 201M, Hawaii Revised Statutes.

     SECTION 7.  (a)  From the effective date of this Act until the effective date of the rules adopted pursuant to section 6, the Hawaii community development authority shall not accept any planned development permit application for a planned development on a lot of at least one acre.

     (b)  From the effective date of the rules adopted pursuant to section 6, the Hawaii community development authority may accept any planned development permit application for a planned development on a lot of at least one acre.

     (c)  From the effective date of this Act, the Hawaii community development authority may accept any planned development permit application for a planned development with multi-family dwelling units on a lot of between twenty thousand and 43,559 square feet.  The reserved housing unit requirement for such a planned development shall be subject to the statutes and rules in effect on the date of the permit application.

     (d)  Any planned development permit application pending on the effective date of this Act shall not be subject to this Act or rules adopted pursuant to section 6.  The planned development shall be subject to the statutes and rules in effect on the date of the planned development permit application.

     SECTION 8.  (a)  This section shall apply only to a major development on a lot of at least one acre that is not a planned development.

     (b)  From the effective date of this Act until the effective date of the rules adopted pursuant to section 6, the Hawaii community development authority shall prohibit the developer of a major development subject to subsection (a) from submitting a building permit application to the city and county of Honolulu.

     (c)  From the effective date of the rules adopted pursuant to section 6, the Hawaii community development authority shall allow the developer of a major development subject to subsection (a) to submit a building permit application for the major development to the city and county of Honolulu.

     (d)  Any major development subject to this section, the building permit application for which is pending on the effective date of this Act, shall not be subject to this Act or rules adopted pursuant to section 6, but shall be subject to the statutes and rules in effect on the date of the building permit application.

     SECTION 9.  (a)  For purposes of this Act:

     "Major development" means the same as defined under section 206E-   , Hawaii Revised Statutes.

     "Master plan" means a long-range development plan for an area within the Kakaako mauka area which:

     (1)  Describes the overall character of development envisioned within the area and the manner in which development projects will be implemented; and

     (2)  Is subject to title 15, subtitle 4, chapter 22, subchapter 8, Hawaii Administrative Rules.

     (b)  From the effective date of this Act until the effective date of the rules adopted pursuant to section 6, the Hawaii community development authority shall not:

     (1)  Accept any master plan application;

     (2)  Amend any master plan previously approved; or

     (3)  Extend the period of validity of any master plan previously approved.

     From the effective date of the rules adopted pursuant to section 6, the Hawaii community development authority may take any of the actions prohibited under paragraphs (1), (2), and (3).

     (c)  This subsection shall apply to a major development within the area of an approved master plan, the application for which was pending on the effective date of this Act if:

     (1)  The major development is a planned development, the major development shall be subject to this Act, as may be amended, and any implementing rules existing on the date of application for the planned development permit; and

     (2)  The major development is not a planned development, the major development shall be subject to this Act, as may be amended, and any implementing rules existing on the date of application for the first building permit for the major development.

     SECTION 10.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 11.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________