HAR §15-23-1. General purposes

(a) The legislature of the State of Hawaii, by chapter 206E, HRS, established the Kakaako community development district (hereinafter "Kakaako district"). In so doing, the legislature determined that there was a need for replanning, renewal, or redevelopment of that area. The legislature found the following with respect to the Kakaako district: (1) The Kakaako district is centrally located in Honolulu proper, in close proximity to the central business district, the government center, commercial and market facilities, major existing and contemplated transportation routes and recreational and service areas; (2) The Kakaako district, because of its present function as a service and light industrial area, is relatively underdeveloped and has, especially in view of its proximity to the §15-23-1 23-5 urban core where the pressure for all land uses is strong, the potential for increased growth and development that can alleviate community needs such as low- or moderate- income housing, parks and open space, and commercial and industrial facilities; (3) The Kakaako district, if not redeveloped or renewed, has the potential to become a blighted and deteriorated area. Because of its present economic importance to the State in terms of industry and subsequent employment, there is a need to preserve and enhance its value and potential; and (4) Kakaako has a potential, if properly developed and improved, to become a planned new community in consonance with surrounding urban areas. (b) The legislature declared further that there exists within the State vast, unmet community development needs, such as: (1) Suitable housing for persons of low or moderate income; (2) Sufficient commercial and industrial facilities for rent; (3) Residential areas which have facilities necessary for basic livability, such as parks and open space; and (4) Areas which are planned for mixed uses. The legislature declared that existing laws and private and public mechanisms have either proven incapable or inadequate to meet these needs. The legislature called upon the Hawaii community development authority to provide a new, innovative form of development and regulation to meet these needs. (c) The legislature authorized and empowered the Hawaii community development authority to develop a community development plan for the district. It noted that the plan should include a mixed-use district whereby industrial, commercial, residential, and public uses may coexist compatibly in a vertical as well as horizontal mixture within a single development §15-23-1 23-6 lot. The legislature further directed that in planning for such mixed uses, the authority shall also respect and support the present function of Kakaako as a major economic center, providing significant employment in such areas as light industrial, wholesaling, service, and commercial activities. (d) The legislature further authorized and empowered the authority to establish and adopt community development rules under chapter 91, HRS, on health, safety, building, planning, zoning, and land use which shall supersede all other inconsistent ordinances and rules relating to the use, zoning, planning, and development of land and construction thereon. (e) In accordance with the declarations of the legislature, the authority has developed community development plans for the Kakaako district. As an integral part of implementing these plans, and in compliance with the mandate of the legislature, the authority has developed these innovative community development rules for the Kakaako district. (f) It is the intent of the authority that these rules shall be established and adopted to implement the purposes and intent of the legislature as set forth in chapter 206E, HRS. It is the further intent of the authority that these rules shall implement the policies and programs relating to the Kakaako district as set forth in the provisions of the community development plan. (g) So that Kakaako can be developed as an attractive and desirable urban community, the authority shall interpret these rules to encourage flexibility of design. [Eff 2/24/90; am and comp 10/10/98; comp 2/2/02; comp 12/9/02; comp 11/3/05] (Auth: HRS §§206E-4, 206E-5, 206E-7) (Imp: HRS §§206E-1, 206E-4, 206E-5, 206E-7)