HAR §15-215-61. Purpose

This subchapter provides standards that apply throughout the Kalaeloa CDD and 215-44 §15-215-62 supplement other standards provided elsewhere in the rules. [Ef f OCT l l lil1l- ] (Auth: HRS §§2 06E-4, 206E-5, 206E-7) (Imp: HRS §§206E-4, 206E - 5, 206E-7) §15-215-62 Large lot development. (a) Purpose. This section establishes the standards for developing large lots, dividing them into smaller pedestrian- oriented blocks , and achieving an interconnected block network with walkable block lengths. The standards for large lot projects ensure that these projects promote walkability, pedestrian-orientation, and sustainability of urban and built form. Buildings should include massing and articulation that reflects a human scale, rather than large, monolithic, and repetitive building fabric. (b) Applicability. The following standards shall apply to projects on large lots. (c) Thoroughfare network: (1) Large lots shall be divided to create pedestrian-oriented blocks; (2) New thoroughfares shall connect with existing thoroughfares; (3) New passageways that are introduced shall be a minimum of fifteen feet wide between building ~.levations; (4) New passageways that are introduced shall be un-gated and shall be publically-accessible; (5) Each new block shall have an alley for service and parking access; and (6) Cul-de-sacs and dead-end streets are not permitted, unless they allow for future connections. (d) New buildings: (1) New buildings are permitted as indicated by the building types allocated to each transect; (2) New buildings shall have their principle entrance off of a new or existing thoroughfare or passageway; (3) New buildings with civic or institutional uses shall be located in central locations, 215-45 §15-215-62 and be recognizable and accessible to the public; . .. :· . -r •.·. (4) Buildings shall incorporate mid-block pedestrian passageways and courtyards at least every three hundred feet. Where passageways are utilized, they shall connect through the block, across existing alleys if necessary, to other passageways, to mid- block crossings, or thoroughfares for greater street grid connectivity; (5) When a building includes a courtyard, the court1a .rd :~.hall have a minimum dimension of forty feet deep and thirty-five feet wide along the street side; (6) The required mid-block pedestrian passageway or courtyard shall not abut an alley; and (7) For large lots that abut other lots not subject to a permit application, an alley of at least twenty-six feet in width must be provided at the edge of the lot that is adjacent to the other lots to ensure access by vehicles and access to light and air of the other lots. An alternative proposal may be considered as long as it meets the intent of providing light, room, and air to neighboring lots. [Ef f OCT 2 7 2012 ] (Auth: HRS §§206E-4, 206E-5, 206E-7) (Imp: HRS §§206E-4, 206E-5, 206E-7) §15-215-63 Historic al and cultural s ites. (a) Lots located in the Kalaeloa CDD that are determined to be historically and culturally significant shall be preserved, protected, reconstructed, rehabilitated and restored by the landowners consistent with the implementing regulations of section 106 of the National Historic Preservation Act, as amended, and chapter 6E, HRS. (b) Prior to the submittal of any permit application to the authority, a developer shall obtain a letter from SHPD which confirms that the developer has complied with all SHPD requirements. A copy of 215-46 §15-215-64 such letter shall be included with the permit application. [Eff OCT ? 7 2012 ] (Auth: HRS §§206E-7, 206E-33) (Imp: HRS §§2'06E-7, 206E-33) §15-215-64 Dedication of public facilities. (a) Applicability. This section shall apply to any new development or improvement project, master plan, or existing development or improvement project within the Kalaeloa CDD that increases the existing floor area by more than twenty-five per cent as compared to the floor area existing on __ - OCT 2-1.--lUJ2 or at the time the development permit or improvement permit was issued, excluding proposed demolitions, whichever is less; provided, however, that this section shall not apply to any development or improvement project undertaken by an eleemosynary organization, development or improvement project for public uses, public project, floor area related to reserved housing, or new buildings or structures with a floor area of less than two hundred square feet. (b) Dedication requirement. As a condition precedent to the issuance of an improvement permit or development permit, the developer shall dedicate land for public facilities. The dedication of land for public facirH:ies · spall be subject to the maximum ceiling in land or money in lieu thereof calculated in accordance with the formula designated in subsections (d) to (f) herein. (c) In-lieu fee payments. As an alternative to the land dedication requirement of section 15-215-64(b), an in-lieu fee payment may be authorized as follows: (1) For improvement permit applications, the executive director may authorize a developer to pay an in-lieu fee equal to the value of land which would otherwise have had to be dedicated, or combine the payment of fee with land to be dedicated. The total value of such combination shall be not less than the value of land which would otherwise have had to be dedicated; and 215-47 )054 30 5 4 §15-215-64 (2) For development permit applications, the authority may authorize a developer to pay a fee equal to the value of land which would otherwise have had to be dedicated, or combine the payment of fee with land to be dedicated. The total value of such combination shall be not less than the value of land which would otherwise have had to be dedicated. (d) Minimum dedication requirements. Land dedication requirements are: (1) Three per cent of the total commercial or industrial floor area; (2) Four per cent of the total residential floor area exclusive of floor area devoted to reserved housing units and their associated common areas in proportion with the floor ( 3) ( e) ( 1) (2) area of other uses; and If the area of land approved for dedication is less than the land area required under subsection (d) (1) and (2) above, the developer shall be required to pay a fee equal to the fair market value of the land area which is the difference between the land area dedicated and the land area required under subsection (d) (1) and (2) above. Payment timing and use of funds: Authorized in-lieu fees shall be payable prior to the issuance of the initial certificate of occupancy and secured by the developer with a financial guaranty bond from a surety company authorized to do business in Hawaii, an acceptable construction set-aside letter, or oth er acceptable means prior to the issuance of the initial building permit; and Payment of fees shall be made to the authority for deposit in the authority's revolving fund established under section 206E-195, HRS. 215-48 §15-215-64 (f) Valuation methodology. Valuation of land when authorized in-lieu fees are to be paid shall be determined as follows: (1) Valuation shall be based upon the fair market value of the land as though vacant and unimproved on the date the developer's application for an improvement permit or development permit is deemed complete pursuant to section 15-215-83 (completeness review), as agreed to by the developer and the executive director if an improvement permit, or the developer and authority if a development permit; and (2) In the event that a fair market value cannot be agreed on, the fair market value of the land as though vacant and unimproved shall be fixed and established by majority vote of three real estate appraisers whose decision shall be final, conclusive, and binding; one shall be appointed by the developer, one appointed by the executive director in the case of improvement permits or the authority in the case of development permits, and the third shall be appointed by the first two appraisers. In the event a party shall fail to appoint an appraiser within ten days following the appointment of the first appraiser, the party who appointed the first appraiser may apply to the person sitting as the administrative judge of the circuit court of the first circuit of Hawaii, if any, or if none, to any judge in service of said court, for the appointment of the second appraiser; provided, however, that if the developer is the party who has failed to appoint an appraiser within ten days following the executive director's or authority's appointment of the first appraiser, the executive director or authority, as the case may be, may deny the developer's request to pay a monetary fee in lieu of dedicating land. The two appraisers 215-49 Jo54 30 5 4 §15-215-64 shall appoint a third appraiser, and in case of their failure to do so within ten days after appointment of the second appraiser, either party may apply to the person sitting as the administrative judge of the circuit court of the first circuit of Hawaii, if any, or if none, to any judge in service of said court, for the appointment of the third appraiser. The appraisers shall determine the fair market value of the land as though vacant and unimproved on the date the developer's application for an improvement permit or development permit is deemed complete pursuant to section 15-215-83 (completeness review}. All appraisers shall have had a minimum of five years of training and experience in real estate appraisal work in the state of Hawaii. The appraisers shall be governed in their determination by the provisions of chapter 658A, HRS. The fees and costs of each appraiser and all other appraisal costs shall, with exception of each party's attorneys' fees and costs and witnesses' fees, shall be borne equally by both parties. (g} Dedication instrument. For land dedication pursuant to this section, the developer shall record the necessary conveyance instrument, free and clear of all encumbrances, in the bureau of conveyances, state of Hawaii, and shall file copies of the recorded conveyance instrument with the authority. The authority may require the developer to maintain the dedicated area until such time that notice is given by the authority to accept ownership and control of the area. (h} Relationship to existing or future improvement districts. Nothing contained in this section shall preclude the creation of any improvement district for public facilities, or the imposition of assessments against propertie.,e.Cf~ecially benefited within the district. [Eff _UI l._7_2012 (Auth: HRS §§206E-7, 206E-12} (Imp: HRS §§206E-7, 206E-12} 215-50 §15-215-77 §15-215-65 Joint zone development. Where a project is proposed within more than one transect zone, the allocation of uses shall be in proportion to that which is permitted within each zone. The location of those uses within the project need not comply with the zone boundaries. [Eff OCT 2 7 2012 (Auth: HRS §§206E-4, 206E-5, 206E-7) (Imp: HRS §§206E-4, 206E-5, 206E-7) §§15-215-66 to 15-215-76 (Reserved). SUBCHAPTER 5 PROCEDURES §15-215-77 Rules clearance. (a) Applicability. Any uses, structures, and activities identified by section 15-215-77(b) below on a lot 40,000 square feet or less shall be issued a rules clearance approval when they are in compliance with the setback requirements, height limits, and all other applicable standards of the Kalaeloa CDD rules. (b) Qualifying land uses, structures and a ctivities. The following are eligible for issuance of a rules clearance: (1) Decks, paths and driveways. Decks, platforms, on-site paths, and driveways that are not required to have a building permit or grading permit; (2) Fences and walls in compliance with height and location requirements in section 15-215-43 (architectural standards); (3) Interior alterations. Interior alterations that do not increase the gross floor area of the structure, or change the permitted us e of the structure; (4) Repairs and maintenance: (A) Single-famjly dwellings. Ordinary nonstructural repairs to, and 215-51 )0 5 4 §15-215-77 maintenance of, single-family dw~J) ,ings; or (B) Muifi-family residential and non- residential structures. Ordinary non- structural repairs to, and maintenance of multi-family residential and non- residential structures, if: (i) The work does not change the approved land use of the site or structure, or add to, enlarge or expand the land use and/or structure; and (ii) Any exterior repairs employing the same materials and design as the original construction; (5) Small, portable residential accessory structures. A single portable structure of one hundred twenty square feet or less per lot or unit, including pre-manufactured storage sheds and other small structures that are exempt from having to obtain a building permit from the city and county of Honolulu and in compliance with the applicable building code. Additional structures may be approved in compliance with section 15-215-43 (architectural standards), where allowed by the applicable zone; (6) Spas, hot tubs, and fish ponds. Portable spas, hot tubs, and constructed fish ponds, and similar equipment and structures that do not exceed one hundred twenty square feet in total area including related equipment; contain more than 2,000 gallons of water; or exceed two feet in depth; (7) Open space and parks. Any improvement project over, upon, under or across any open space or park; and (8) Any public project. (c) Action. In accordance with Figure 1.1 (approval requirements matrix), dated September 2012, made a part of this chapter, and attached at the end I \ 1 215-52 §15-215-78 of this chapter, the executive director shall approve all rules clearance applications consistent with this section after receipt of a complete application and payment of the requisite fee. [Eff OCT 2 7 2012 . ] (Auth: HRS §§206E-4, 206E-5, 206E-7) (Imp: HRS §§206E-4, 206E-5, 206E-7) §15-215-78 Improvement and development permits. (a) Applicability. All new improvement projects and developments shall require a permit. (b) Initiation. A developer may apply for an improvement permit or development permit by filing an application with the executive director . (c) Types. There shall be two types of permits: improvement and development. Each type shall be subject to the decision-maker review and action pursuant to Figure 1.1 (approval requirem ents matrix), dated September 2012, made a part of this chapte r, and attached at the end of this chapter: (1) Improvement permits shall apply to improvement projects and are subject to executive director review and action; and (2) Development permits shall apply to developments and are subject to authority review and action. (d) Authority referral. The executive director may refer an improvement permit application to the authority for review and action. Where a design advisory board ("DAB") has been or will be convened, the DAB shall review the application and provide its non-binding recommendations to the authority. (e) Required findings. Approval of an improvement or development permit shall require all the following findings of fact: (1) KMP consistency. That the proposal complies with and advances the goals, policies and objectives of the KMP; (2) Kalaeloa CDD rules compliance. That the proposed project complies with the Kalaeloa CDD rules; and 215 - 53 §15-215-78 (3) Compatibility. That the proposal will not have a substantial adverse effect on surrounding land uses and will be compatible with the existing and planned land use character of the surrounding area. (f) Conditions. In approving an improvement or development permit, the decision-maker may impose any reasonable conditions to ensure that the project complies with the findings required above. Any conditions attached to an improvement or development permit issued under any previously enacted zoning regulations, subdivision, or other administrative rules shall continue to apply and shall be enforceable as provided in section 15-215-90 (violations and enforcement). Such conditions may be waived by the decision-maker which originally imposed such condition(s) and where the developer agrees to waive and abandon all rights secured under the regulations formerly in effect. (g) DAB. The executive director may convene a DAB prior to acting on an improvement permit application. Where an application has been referred to the authority for review and action or when reviewing a development permit application, the authority may convene a DAB whether or not the executive director has done so previously: 30 5 4 I * (1) Composition. The DAB shall be comprised of the Kalaeloa CDD's director of planning and development or designee, one member of the authority, and one or more technical consultants (e.g., architect, landscape architect, engineer) chosen by the executive director; (2) Fee. The developer shall compensate the authority for all costs relating to the participation of technical consultants in the DAB. Prior to retaining technical consultants, the executive director shall consult with the developer on their fees and work scope; provided, however, that the executive director may accept or reject the developer's recommendations and/or comments 215-54 §15-215-79 on the technical consultant to be retained at the executive director's sole discretion; and (3) Purpose. The DAB shall provide only non- binding recommendations to the executive director or, in the case of referral under section 15-215-78 (improvement and develWA~ent ~ermits), to the authority. [Eff Ul.,I ~ 7 2012 ] (Auth: HRS §§206E-4, 206E-5, 206E-7) (Imp: HRS §§206E-4, 206E-5, 206E-7) §15-215-79 Conditional use permit. (a) No inherent right exists to receive a conditional use permit. Every conditional use permit application or amendment shall, at a minimum, comply with every requirement contained in these rules. Mere compliance with the generally applicable requirements however may not be sufficient, and additional measures and conditions may be n e cessary to mitigate the impact of the proposed development. (b) Applicability. Use s are as designated in Figure 1.7 (land use s ummary), dated September 2012, made a part of thi s chapter, and attached at the end of this chapter. (c) Decision-maker. Conditional use permits are subject to authority review and action pursuant to Figure 1 . 1 (approval requirements matrix), dated September 2012, made a part of this chapter, and attached at the end of this chapter. (d) Findings. Approval of a conditional use permit shall require all the following findings of fact: ( 1) (2) ( 3) The use is allowed within the applicable zone and complies with all other applicable provisions of the rules; The use will conform to the KMP; The design, location, size and operating characteristics of the proposed use are compatible with the existing and future use s in the vicinity; 215-55 30 54 §15-215-79 (4) The site is physically suitable for the type, density and intensity of use being proposed, including access, utilities, and the absence of physical constraints; and (5) Granting the permit would not be detrimental to the public health, safety, or welfare, or be materially injurious to persons, lots, or improvements in the vicinity and zone in which the lot is located. (e) Conditions. In approving any conditional use permit, the authority may impose such reasonable standards, conditions, or requirements, as it may deem necessary to protect the public welfare and in order to ensure the approval will comply with the findings of this section. Such additional standards, conditions or requirements may include, but need not be limited to: • l J (1) Financing and availability of adequate public facilities or services; (2) Dedication of land; (3) Reservation of land; (4) Payment of exactions; (5) Impact fees; (6) Creation of special assessment districts; (7) Creation of restrictive covenants or ( 8) ( 9) ( 10) (11) (12) (13) (14) easements; Special setbacks; Yard requirements; Increased screening or landscaping requirements; Area requirements; Development phasing; Standards pertaining to traffic, circulation, noise, lighting, hours of operation, protection of environmentally sensitive areas, and similar characteristics; or Require that a performance guarantee - acceptable in form, content, and amount to the authority be posted by the developer to ensure continued compliance with all ,,-,_ ,-1•.J··condi-t i ons and requirements as may be 215-56