THE SENATE	S.B. NO.	2696
TWENTY-SEVENTH LEGISLATURE, 2014		S.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO THE KAKAAKO COMMUNITY DEVELOPMENT DISTRICT.

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

     SECTION 1.  Chapter 206E, Hawaii Revised Statutes, is amended by adding four new sections to part II to be appropriately designated and to read as follows:

     "§206E-   Minimum proximity between tower buildings. There shall be a minimum of three hundred feet between buildings that are one hundred feet or higher in height.

§206E-   Project eligibility review of infrastructure. (a)  The executive director of the authority shall require, prior to receipt of any application for a development permit, a project eligibility review of the development project.  No development application for a permit shall be considered until the project eligibility review has been completed.  Developments shall not be approved unless adequate infrastructure facilities are or will be made available to service the proposed development prior to occupancy.  The executive director shall obtain approval from applicable governmental agencies regarding the adequacy of infrastructure requirements.

(b)  Any applicant seeking a development permit shall contact any relevant county and state agencies to determine infrastructure needs of the development project and solicit the agencies' findings and recommendations.

§206E-   Height. No portion of any building or other structure, except for the portion of the building or structure that consists of a machine room, rooftop utility, or architectural feature, shall exceed four hundred feet in height.

§206E-   Mauka-makai axes for tower buildings. Any building that is at least one hundred feet in height shall be oriented on a mauka-makai axis."

     SECTION 2.  Section 206E-31.5, Hawaii Revised Statutes, is amended to read as follows:

"[[]§206E-31.5[]]  Prohibitions.  Anything contained in this chapter to the contrary notwithstanding, the authority is prohibited from:

     (1)  Selling or otherwise assigning the fee simple interest in any lands in the Kakaako community development district to which the authority in its corporate capacity holds title, except with respect to:

         (A)  Utility easements;

         (B)  Remnants as defined in section 171-52;

         (C)  Grants to any state or county department or agency; or

         (D)  Private entities for purposes of any easement, roadway, or infrastructure improvements; [or]

     (2)  Approving any plan or proposal for any residential development in that portion of the Kakaako community development district makai of Ala Moana boulevard and between Kewalo [Basin] basin and the foreign trade zone[.]; and

(3) Granting any variance, exemption, or modification to any provision of any rule or development plan relating to maximum floor area ratio."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

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

     SECTION 5.  This Act shall take effect on July 1, 2050.

Report Title:

Kakaako Community Development District; Prohibitions

Description:

Amends Hawaii Community Development Authority statute to establish building restrictions and prohibitions for the Kakaako community development district.  Takes effect 7/1/2050.  (SD1)

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