HAR §15-217-21. Purpose

This subchapter establishes the neighborhood zones within the mauka area, adopts the regulating plan for the mauka area as its zoning map, adopts the parks and open space plan as an overlay to the regulating plan, establishes standards applicable to neighborhood zones, and establishes incentive zones that may utilize modifications to the rules that would not be otherwise permitted. [Eff 11 / 11 / 11; am and comp JA;, ·~0?5 ] (Auth: HRS §§206E-4, 206E-5, 206E-7) (Imp: HRS §§206E-4, 206E-5, 206E-7) §15-217-22 Regulating plan. The mauka area rules regulating plan (hereafter referred to as the "Regulating Plan"), included as Figure 2 (regulating plan), dated January 2024, made a part of this chapter, and attached at the end of this chapter, identifies the neighborhood zones provided in section 15-217-23 (neighborhood zones). [Eff 11/11/11; am and comp Ji, 12S ] (Auth: HRS §§206E-4, 206E-5, 206E-7) (Imp: HRS §§206E-4, 206E-5, 206E-7) §15-217-23 Neighborhood zones. (a) The regulating plan is divided into neighborhood zones corresponding to the mauka area plan. These neighborhood zones and their corresponding development and use rules and guidelines are as follows: (1) Civic center zone (see Figure NZ.1 (civic center), dated January 2024, made a part of this chapter, and attached at the end of this chapter). The civic center neighborhood zone is located adjacent to the Hawaii capital special district. The civic center zone will be characterized by civic buildings in campus-like settings with 15-217-35 J 'J 1 - .. §15-217-23 reduced building heights to respect the scale of existing historic resources both within and adjacent to the zone. Significant landscaping features will be retained and enhanced through new plantings; (2) Kapiolani zone (see Figure NZ.2 (Kapiolani), dated January 2024, made a part of this chapter, and attached at the end of this chapter). The Kapiolani zone will be a central corridor providing for mixed-use buildings including ground floor commercial retail and services, and office and residential uses on upper floors; (3) Thomas square zone (see Figure NZ.3 (Thomas square), dated January 2024, made a part of this chapter, and attached at the end of this chapter). The Thomas square zone will continue as a civic focal point for the mauka area through its civic buildings and uses facilitating educational, performance, and entertainment endeavors. Buildings will provide large setbacks and include complementary mature landscaping; (4) Sheridan zone (see Figure NZ.4 (Sheridan), dated January 2024, made a part of this chapter, and attached at the end of this chapter). The Sheridan zone will consist predominately of a residential neighborhood with lower scale buildings when compared to the remainder of the mauka area. However, commercial uses will continue along King, Pensacola, and Piikoi Streets; preferably within mixed-use buildings with upper floors of residential or office uses; (5) Central Kaka'ako zone (see Figure NZ.5 (central Kaka'ako), dated January 2024, made a part of this chapter, and attached at the end of this chapter). The central Kaka'ako zone will support the continued operation of service businesses, including those which are industrial such as repair shops and manufacturing or distribution, as well as residential mixed-use projects within its zone. Inadequate infrastructure will be 15-217-36 3 5 7 7 §15-217-23 repaired or upgraded to adequately support existing and planned development and uses; (6) Pauahi zone (see Figure NZ.6 (Pauahi), dated January 2024, made a part of this chapter, and attached at the end of this chapter). The Pauahi zone will transition into a mixed-use urban village of significantly increased building heights and density. The Pauahi neighborhood will also continue to provide an important link from the makai area of Kaka'ako's waterfront up towards mauka. Walkability will be improved through the insertion of new thoroughfares or passageways; and (7) Auahi zone (see Figure NZ.7 (Auahi), dated January 2024, made a part of this chapter, and attached at the end of this chapter). The Auahi zone will function as Kaka'ako's main retail, restaurant and entertainment area. Changes to existing building forms will better accommodate pedestrians by relegating vehicles to less prominent positions. Additionally, new thoroughfares or passageways will reduce block sizes and, consequently, further increase pedestrian orientation. (b) Standards applicable to neighborhood zones. All development, use, and construction within the neighborhood zones shall conform to the standards set forth in Figures NZ.l to NZ.7, dated January 2024, made a part of this chapter, and attached at the end of this chapter, which allocate building type, frontage type, building placement, building form, land use, allowed height, build to line, and parking access. (c) Standards applicable to entire mauka area. The standards applicable to each neighborhood zone, building type or frontage type may be further modified by subchapter 4 (area wide standards). [Eff 11/11/11; am and comp .., j: : 0:: ] (Auth: HRS §§206E-4, i 206E-5, 206E-7, 206E-33) (Imp: HRS §§206E-4, 206E-5, 206E-7, 206E-33) 15-217-37 3 5 7 1 §15-217-24 §15-217-24 Building types. All buildings shall conform with the building standards set forth in Figures BT.l to BT.11, dated January 2024, made a part of this chapter, and attached at the end of this chapter, which specify lot and facade width, access, parking, open space, landscaping, frontage types, and building massing standards to each building type. [Eff 11/11/11; am and comp JA~: 1 ~125 ] (Auth: HRS §§206E-4, 206E-5, 206E-7) (Imp: HRS §§206E-4, 206E-5, 206E-7) §15-217-25 Frontage types. All buildings shall conform with the frontage standards set forth in Figures FT.l to FT.12, dated January 2024, made a part of this chapter, and attached at the end of this chapter, which specify dimension and element standards for each frontage type. [Eff 11/11/11; am and comp ., 2025 ] (Auth: HRS §§206E-4, 206E-5, 206E-7) (Imp: HRS §§206E-4, 206E-5, 206E-7) §15-21 7-26 Land uses. (a) Buildings and lots in each neighborhood zone shall conform to the land uses specified in Figure 8 (land use), dated January 2024, made a part of this chapter, and attached at the end of this chapter. (b) Any one or more allowed land uses may be established on any lot, subject to Figure 8 (land use), dated January 2024, made a part of this chapter, and attached at the end of this chapter. (c) Where a single lot is proposed for development with two or more land uses listed in Figure 8 (land use), dated January 2024, made a part of this chapter, and attached at the end of this chapter, the project shall be subject to the permit with the highest level of discretionary review. [Eff 11/11/11; am and comp J;',,. , :025 ] (Auth: HRS §206E-7) (Imp: HRS §206E-7) 15-217-38 §15-217-27 §15-217-27 Parks and open space plan. (a) The mauka area rules parks and open space plan (hereafter referred to as the "Parks and Open Space Plan"), modifies or maintains the underlying standards of any applicable neighborhood zone, building type, frontage type or land use, as provided for in this section. (b) Each park and open space shall be designed as described in Figure 10 (park and civic space typologies), dated January 2024, made a part of this chapter, and attached at the end of this chapter. (c) Any improvement project performed on any park or open space may be processed pursuant to section 15-217-78 (rules clearance), except on lands controlled by the authority, when in compliance with all standards of this chapter. (d) Overlay provisions. The following standards apply to the parks and open space plan: (1) Neighborhood zone standards. Parks and open space areas are indicated on Figure 4 (parks and open space plan), dated January 2024, made a part of this chapter, and attached at the end of this chapter. These areas shall be retained as open space or parks as indicated. Any building in these areas shall be located according to the building placement indicated on Figures NZ.l to NZ.7, dated January 2024, made a part of this chapter, and attached at the end of this chapter; (2) Building type standards. A lot or portion of a lot designated as parks and open space on the parks and open space plan shall only accommodate civic, institutional, or community-related buildings that are subordinate to and serve the open space or parks areas only while articulating diversity, difference, social cohesion, participation, and representation in the neighborhood where they are placed; (3) Frontage type standards. A lot or portion of a lot designated as parks and open space on the parks and open space plan is not required to include any of the permitted frontage types indicated in the rules; however, these areas may include any of the 15-217-39 §15-217-27 permitted frontage types on buildings that are subordinate to and serve the open space or parks areas; (4) Land use: (A) Permissible land uses within a lot or portion of a lot designated as parks and open space on the parks and open space plan shall be limited to the following classifications: (i) Assembly; (ii) Cultural facilities; (iii) Park and recreation; (iv) Government facilities; (v) Educational facilities; (vi) Outdoor recreation; (vii) Indoor recreation; (viii) Theater; (ix) Urban garden and food production; and (B) Permissible land uses within a lot or portion of a lot designated as parks and open space on Figure 4 (parks and open space plan), dated January 2024, made a part of this chapter, and attached at the end of this chapter, shall be limited to the following classifications: (i) Continuance of a legal conforming land use, if present at the time of the rules effective date; (ii) Any land use classification provided for the applicable neighborhood zone; or (iii) When acquired by the authority and redeveloped into a civic space consistent with Figure 10 (park and civic space typologies), dated January 2024, made a part of this chapter, and attached at the end of this chapter, or prior to such redevelopment, any of those uses provided by section 15-217-40 3 5 7 1 §15-217-28 15-217-27 (d) (4) (A) (parks and open space plan); and (5) Subchapter 4 (area wide standards). All provisions of subchapter 4 shall apply to parks and open space on Figure 4 (parks and open space plan), dated January 2024, made a part of this chapter, and attached at the end of this chapter. [Eff 11/11/11; am and comp .t., ~1~r ) (Auth: HRS §§2 0 6E-4, 206E-5, 206E-5.6, 206E-7) (Imp: HRS §§206E-4, 206E-5, 206E-5.6, 206E-7) §15-217-28 Incentive zones. (a) The purpose of establishing incentive zones is to encourage the development of public benefits on project sites that might not have been otherwise required in exchange for approved development bonuses. These bonuses may take the form of modifications to building forms, increased floor area ratio, or other items approved by the decision-maker. (b) Development bonuses may increase the maximum floor area ratio permitted in each neighborhood zone, not to exceed a total floor area ratio of 10.0, subject to compliance with section 15-217-57 (adequate infrastructure). (c) Development bonuses may only be used on lots identified within the mauka area and indicated in Figure IZ.l (Incentive zoning map), dated January 2024, made part of this chapter, and attached at the end of this chapter. (d) Only development bonuses identified in Figure IZ.2 (Incentive zoning table) and Figure IZ.3 (Approved public facilities list), dated January 2024, made a part of this chapter, and attached at the end of this chapter may be applied to projects on lots identified in Figure IZ.1 (Incentive zoning map), dated January 2024, made part of this chapter, and attached at the end of this chapter. (e) The additional floor area generated by incentive zoning shall be exempt from public facilities dedication fees listed in section 15-217­ 65. In projects where building forms are modified from what would otherwise be allowed, the exempt floor 15-217-41 ~i 5 7 7 .... ­ §15-217-28 area should be the difference in floor area between what is otherwise allowed minus the floor area generated by the incentive zoning. [Eff JA': 1 202S] (Auth: HRS §§206E-4, 206E-4.5, 206E-5, 206E-7, 2068­ 33) (Imp: HRS §§206E-4, 206E-5, 206E-7, 206E-33) §§15-217-29 to 15-217-37 ( Reserved) . SUBCHAPTER 3 THOROUGHFARE PLAN AND STANDARDS