HAR §15-22-114. Effect of other provisions of this chapter

Unless specifically modified by the provisions of this subchapter, all of the provisions of other subchapters of these rules shall be applicable to the planned development. [Eff 9/8/86, comp 1/28/88, comp 2/24/90] (Auth: HRS UNOFFICIAL COMPILATION June 2005 22-81 §§206E-4, 206E-5, 206E-7) (Imp: HRS §§206E-4, 206E-5, 206E-7) Historical note: §15-22-114 is based substantially upon §15-17-94. [Eff 2/27/82; R 9/8/86] §15-22-115 Requirement of providing reserved housing units. (a) Every applicant for a planned development containing multi-family dwelling units on a development lot of at least 20,000 square feet shall provide at least twenty per cent of the total number of dwelling units in the development for sale or rental to qualified persons as determined by the authority. (b) Such units, hereinafter referred to as reserved housing units, shall be sold or rented to persons qualifying under the terms and conditions set forth under subchapter 7 of this chapter. The applicant shall execute agreements as are appropriate to complement this requirement, and such agreements shall be binding upon the applicant and his successors in interest, and shall run with the land. The agreement shall provide that the applicant must provide certification to the authority as to the compliance of the requirements herein. (c) If the authority so determines, it may require that, instead of providing reserved housing units within the development in the foregoing manner, the applicant may meet the requirement of subsection (a) above by the following alternatives: (1) By providing such reserved housing units elsewhere within the mauka area; (2) By setting aside such reserved housing units for sale to the authority, at cost, as reserved housing units, under terms and conditions established by the authority; or (3) By making cash payments in lieu of providing such reserved housing units. The amount of cash shall be calculated as a percentage of gross revenue and shall vary depending upon the amount of reserved housing provided and the affordability of the nonreserved units in the development. As set forth in Schedule A and as depicted in Exhibit 7-I, dated July, 1995, the percentage of gross revenue shall proportionally increase from a minimum of zero per cent when the average price of nonreserved units is affordable to households with adjusted incomes up to one hundred forty per cent UNOFFICIAL COMPILATION June 2005 22-82 of median income, to a maximum of four per cent when no reserved housing is provided and the average price of nonreserved units is affordable to households with adjusted incomes at or exceeding one hundred eighty per cent of median income. SCHEDULE A Amount of reserved Amount of cash required housing units provided (Minimum - Maximum) 20 per cent or more no cash is required 18 per cent 0% - 0.40% of Gross Revenues 16 per cent 0% - 0.80% of Gross Revenues 14 per cent 0% - 1.20% of Gross Revenues 12 per cent 0% - 1.60% of Gross Revenues 10 per cent 0% - 2.00% of Gross Revenues 8 per cent 0% - 2.40% of Gross Revenues 6 per cent 0% - 2.80% of Gross Revenues 4 per cent 0% - 3.20% of Gross Revenues 2 per cent 0% - 3.60% of Gross Revenues 0 per cent 0% - 4.0% of Gross Revenues EXHIBIT 7-I UNOFFICIAL COMPILATION June 2005 22-83 As used in this section, "gross revenue" means gross receipts from the sale of space for nonreserved residential uses and its required parking. In the case of rental space, the capitalized value of net operating rent shall be the measure of gross receipts. The average price of units shall be determined by dividing gross revenue by the total number of nonreserved units in the development. The cash in lieu fee, calculated separately for each unit type, shall be derived as follows: (A) Determine the average price. (B) Convert average price to a percentage of the median income for standard household sizes established in section 15-22-185 utilizing the affordability criteria set forth in section 15-22-185.1. (C) If the average price, expressed as a percentage of median income, is one hundred forty per cent or less of median income, no cash in lieu fee shall be required. If the average price is more than one hundred forty per cent but less than one hundred eighty per cent of median income, the following formula shall be applied: Fee = (A-140%) x 0.1 x [1-(B/20%)] x C, where A = average price, expressed as a percentage of median income B = number of reserved housing units provided divided by total number of units C = gross revenue If the average price is one hundred eighty per cent or more of median income, the following formula shall be applied: Fee = 4.0% x [1-(B/20%)] x C, where B = number of reserved housing units provided divided by total number of units C = gross revenue The cash payment in lieu of providing reserved housing shall be determined by the authority based on the estimated average price of the development UNOFFICIAL COMPILATION June 2005 22-84 at the time the planned development permit is issued and adjusted based on the actual average price of the development. The amount of cash shall be payable prior to the issuance of the initial certificate of occupancy and secured by the applicant with a financial guaranty bond from a surety company authorized to do business in Hawaii, an acceptable construction set-aside letter, or other acceptable means prior to the issuance of the initial building permit. The applicant shall execute such agreements as are necessary to implement any alternative requirement, and such agreements shall be binding upon the applicant and his successors in interest, and shall run with the land. (d) No building permit shall be issued for any planned development until the authority has certified that the development complies with the requirements of this section. The authority may require guarantees, may enter into recorded agreements with developers and with purchasers and tenants of the reserved housing units, and may take other appropriate steps necessary to assure that these housing units are provided and that they are continuously occupied by qualified persons. When this has been assured to the satisfaction of the authority and it has determined that the proposed development meets the requirements and standards of this section, it shall certify the application approved as to the housing requirements of this section. (e) Fees collected from cash payments in lieu of providing reserved housing units and other payments made with respect to reserved housing units shall be placed in a revolving fund, the proceeds of which shall be utilized for the purchase, creation, expansion, or improvement of reserved housing within the district. [Eff 9/8/86, comp 1/28/88, am and comp 2/24/90, am 9/15/90, am 8/4/95, am 1/13/00] (Auth: HRS §§206E-4, 206E-5, 206E-7) (Imp: HRS §§206E-4, 206E-5, 206E-7) Historical note: §15-22-115 is based substantially upon §15-17-95. [Eff 2/27/82; am 4/6/85; R 9/8/86] §15-22-115.1 Waiver of reserved housing cash in lieu payment. (a) This section shall apply to planned development applications submitted within thirty-six months of September 15, 2001. Applications shall comply with all requirements of this chapter. This section shall also apply UNOFFICIAL COMPILATION June 2005 22-85 to planned development permit applications submitted pursuant to a master plan. (b) A waiver of the required cash payment in lieu amount shall be granted at the payment due date as set forth in section 15-22-115 and shall be based on the following: (1) For projects with up to 200,000 square feet of total floor area, waiver of cash payment in lieu amount shall be granted if construction commencement takes place within eighteen months of development permit approval and construction completion takes place within thirty-six months of construction commencement; or (2) For projects with more than 200,000 square feet of total floor area, waiver of cash payment in lieu amount shall be granted if construction commencement takes place within twenty-four months of development permit approval and construction completion takes place within forty-eight months of construction commencement. (c) Time periods set forth in subsection (b) may be extended by the authority if the delay in construction commencement or completion is due to causes beyond the control of the applicant, and shall include strikes, boycotts, labor disputes, embargoes, acts of God, acts of public enemy, riots, rebellion, sabotage or any other circumstances for which the applicant is not responsible. A finding that an extension is warranted and the additional time be allowed for the project shall be at the sole discretion of the authority and shall be for a period no more than the time lost by reason of any of the aforesaid causes. (d) As used in this section, "construction commencement" shall mean the date of issuance of the initial building permit and "construction completion" shall mean the date the initial certificate of occupancy is issued. [Eff 6/13/97, am 9/15/01] (Auth: HRS §§206E-4, 206E-5, 206E-7) (Imp: HRS §§206E-4, 206E-5, 206E-7) §15-22-116 Maximum development height, density, and tower footprints. (a) Except as otherwise provided, any applicant of a planned development permit who meets applicable provisions of this subchapter shall be entitled to increases in maximum height, FAR and tower footprint according to location and size of the development lot as shown in the following table: UNOFFICIAL COMPILATION June 2005 22-86 PLANNED DEVELOPMENTS IN ALL MIXED-USE ZONES MAUKA AREA Building Tower Lot Size Height Footprint (sq. ft.) (feet) FAR (sq. ft.) 10,000 65 1.8 5,000 20,000 100 2.0 8,000 40,000 200 2.5 14,000 60,000 300 3.0 15,000 80,000 or more 400 3.5 16,000 (b) For a development lot between 10,000 and 80,000 square feet, the maximum floor area ratio, the maximum building height and maximum tower footprint are proportional to the parameters of the lots enumerated in the above table. (c) For any planned development which provides industrial use, nursing facilities, assisted living administration and ancillary assisted living amenities, a bonus, not to exceed 0.3 FAR, shall be permitted to the FAR allowed under subsection (a) for the amount of the industrial use, nursing facilities, assisted living administration and ancillary assisted living amenities provided. The bonus for assisted living administration functions and ancillary assisted living amenities shall be limited to one-third of the net area of nursing facilities. The net area shall not include kitchen, dining and mechanical areas. (d) An exception to the development parameters specified in subsections (a) and (b) of this section are planned developments in the area bounded by Punchbowl Street, King Street, South Street and Ala Moana Boulevard where the maximum building height shall be sixty-five feet. The maximum floor area ratio for planned developments in the area bounded by Punchbowl Street, King Street, South Street and Pohukaina Street shall be 2.5. (e) The following building elements or features and associated screening shall be exempt from height limits subject to the following restrictions: (1) Necessary utilitarian features including stairwell UNOFFICIAL COMPILATION June 2005 22-87 enclosures, safety railings, ventilators, decorative or recreational features, including rooftop gardens, planter boxes, flag poles, spires, parapet walls or ornamental cornices, roof-mounted mast, whip and dish antennae, energy-saving devices, including heat pumps and solar collectors, vent pipes, fans, roof access stairwells, and structures housing rooftop machinery, such as elevators and air-conditioning, and chimneys, may exceed the height limit by not more than 18 feet; and (2) Skylights not to exceed twenty feet from the platform deck level. (f) Miscellaneous building elements may exceed the height limit subject to the zoning adjustment provisions in §15-22-21. (g) Rooftop features which principally house elevator machinery and air-conditioning equipment may extend above the governing height limit for structures subject to the zoning adjustment provision set forth in §15-22-21 and the following conditions: (1) If the elevator cab opens on the roof, machinery may not be placed above the elevator housing. (2) The highest point of the rooftop feature shall not exceed five feet above the highest point of equipment structures. (3) Areas proposed to be covered by the rooftop feature will not be counted as floor area, provided they are used only for the housing of rooftop machinery. (h) Planned developments on lots of 80,000 square feet or less shall be allowed one tower. For parcels exceeding 80,000 square feet, additional towers are allowed, provided the maximum building height and tower footprint are proportional to the parameters enumerated in the table in subsection (a) above. [Eff 9/8/86, comp 1/28/88, am and comp 2/24/90, am 12/15/94, am 11/25/96, am 8/1/97] (Auth: HRS §§206E-4, 206E-5, 206E-7) (Imp: HRS §§206E-4, 206E-5, 206E-7) Historical note: §15-22-116 is based substantially upon §15-17-97 [Eff 2/27/82; am 1/21/83; am 5/31/84; R 9/8/86] and §15-17-209 [Eff 10/10/83; am 5/31/84; R 9/8/86] UNOFFICIAL COMPILATION June 2005 22-88 §15-22-117 Other rules for applicants of planned developments. (a) Building setbacks along view corridor streets shall be required as provided in the mauka area plan and shown in the exhibit entitled "View Corridor Setbacks", dated June 1994, at the end of this chapter. View corridor streets designated in the mauka area plan are shown in the exhibit entitled "View Corridor Streets", dated April 1999, at the end of this chapter. (b) For any planned development having frontage on Punchbowl Street, King Street or South Street, within the area bounded by Punchbowl Street, King Street, South Street, and Pohukaina Street, the minimum front yard shall be twenty feet. (c) Within the area bounded by Punchbowl Street, King Street, South Street and Pohukaina Street, a minimum of twenty-five per cent of the lot area exclusive of parking areas shall be devoted to open space, all of which shall be at grade. The required yard setback area shall be included in calculating the open space. [Eff 9/8/86, comp 1/28/88, am and comp 2/24/90, am 12/15/94, am 9/19/97, am 8/16/99, am 1/13/00] (Auth: HRS §§206E-4, 206E-5, 206E-7, 206E-33) (Imp: HRS §§206E-4, 206E-5, 206E-7, 206E-33) Historical note: §15-22-117 is based substantially upon §15-17-98. [Eff 2/27/82; am 1/21/83; am 5/31/84; R 9/8/86] §15-22-118 Lapse of planned development permit. (a) Any planned development permit granted under the provisions of this subchapter shall automatically lapse if the initial building permit authorizing the construction of the foundation or superstructure of the project shall not have been issued within two years from the date of the permit, or, if judicial proceedings to review the decision to make the grant shall be instituted, from the date of entry of the final order in such proceedings including all appeals. (b) Should a planned development permit provide for phased construction, the phases shall be constructed in accordance with the time periods set forth therein; however, if no time is specified, the planned development permit shall lapse if the building permit for the subsequent phase shall not have been issued within one year of the issuance of the occupancy permit for the previous phase. (c) The authority may grant an extension to the effective period of a planned development permit, not to exceed two years, upon the applicant's request and UNOFFICIAL COMPILATION June 2005 22-89 justification in writing for an extension, provided the request and justification are received by the authority at least one hundred days in advance of the automatic termination date of the planned development permit and there are no material changes in circumstances which may be cause for denial of the extension. The authority shall hold a public hearing on an extension request if a public hearing had been held on the planned development permit or any variance or modification granted as part of the planned development permit process. [Eff 9/8/86, am and comp 1/28/88, am 1/29/90, comp 2/24/90, am 12/15/94] (Auth: HRS §§206E-4, 206E-5, 206E-7) (Imp: HRS §§206E-4, 206E-5, 206E-7) Historical note: §15-22-118 is based substantially upon §15-17-100. [Eff 2/27/82; am 5/11/85; R 9/8/86]