HAR §15-23-83. Applications

(a) Prior to submitting an application for a development permit, potential applicants may be required to have their projects reviewed by the executive director pursuant to section 15-23-10. The review shall be completed prior to applying for a development permit. (b) A developer shall submit to the authority four copies of a project plan as a part of the application for the development permit. The project plan shall satisfy the stated purposes of the permit applied for. (c) The project plan shall clearly indicate how the proposed development would satisfy the standards and purposes of this subchapter and the makai area plan. In addition to any other information which the applicant may deem necessary to support the application, the project plan shall include the following: (1) Location map showing the project in relation to the surrounding area; (2) Site plan showing: (A) Property lines and easements with dimensions and area; (B) The proposed building location, elevations, dimensions, sections, and floor plan and site sections to clearly define the character of the project; (C) Location, elevations, and dimensions of existing buildings; (D) Topographic information showing existing features and conditions and proposed grading; and (E) Location and dimensions of existing and proposed easements, conduits, and rights-of-way; (3) A land use plan showing: (A) The locations and uses of all buildings and structures, the general bulk and height of all buildings and their §15-23-83 23-67 relationship to each other and to adjacent areas, the gross floor areas of buildings by type of uses, the ground coverage of all buildings, and the FAR of the project; (B) The locations and size of vehicular and pedestrian circulation systems (both exterior and interior), identification of public and private areas and their dimensions, the location and dimensions of off-street loading areas and the location of points of access to the site and to public transportation facilities; (C) The locations and dimensions of parking areas, with calculations of the number of parking spaces; (D) The location of land which is intended for common quasi-public, or amenity use but not proposed to be in public ownership, and proposed restrictions, agreements or other documents indicating the manner in which it will be held, owned, and maintained in perpetuity for the indicated purposes (E) Landscaping plan; and (F) Location and amount of all open space areas; (4) A detailed statement describing the manner in which the development would conform to the makai area plan and the purposes and standards of this chapter; (5) A development program stating the sequence in which all structures, open and amenity spaces, and vehicular and pedestrian circulation systems are to be developed; (6) The relationship, if any, of the development program to the authority's and city and county of Honolulu's capital improvements program; (7) Traffic analysis; §15-23-83 23-68 (8) If the project area is currently occupied by business uses, a relocation analysis shall be submitted including the following: (A) A list of current residents and businesses, compiled by addresses or other locational description; (B) Identification of property managers; (C) The terms of the leases, including lease periods, lease rents, and expiration dates of leases; and (D) The net floor area of each business, descriptions of the business activity, and special relocation needs, if any; (9) The applicant will certify that all tenants will be notified via certified mail of the effective date of lease termination at least sixty days before eviction; and (10) Any additional information which the executive director may request. (d) The completed application shall be filed with the authority. Decisions for applications shall be made as follows: (1) For a development not requiring a variance or modification, the authority, in the case of a development with an FAR in excess of 1.5, or the executive director in the case of a development with an FAR up to 1.5, shall within one hundred days of receipt of the completed application: (A) Approve the application as submitted; (B) Approve the application with adjustments or conditions; or (C) Deny the application with reasons for denial. (2) For a development requiring a variance or modification, the authority shall within sixty days of the order approving or disapproving the variance or modification: (A) Approve the application as submitted; (B) Approve the application with adjustments or conditions; or §15-23-84 23-69 (C) Deny application with reasons for denial. The decision shall be made in writing and sent to the applicant. (e) If a permit required by this chapter requires a public hearing, no request for postponement of the hearing shall be allowed after notice has been published; however, the applicant may withdraw the permit application. [Eff 2/24/90; am and comp 10/10/98; comp 2/2/02; comp 12/9/02; am and comp 11/3/05] (Auth: HRS §§206E-4, 206E-5, 206E-7) (Imp: HRS §§206E-4, 206E-5, 206E-7) §15-23-84 Determination by authority or executive director. In reaching its determination on an application for a development permit, the authority or executive director, as the case may be, shall consider the following: (1) The nature of the proposed site and development, including its size and shape, and the proposed size, shape, and height, arrangement and design of structures; (2) Whether the open spaces (A) Are of such size and location as to serve as convenient areas for recreation, relaxation, and social activities for the patrons of the development; and (B) Are so planned, designed, and situated as to function as necessary physical and aesthetic open areas among and between individual structures and groups of structures; (3) Whether the setbacks, yards, pedestrianways, bikeways, and related walkways are so located and of sufficient dimensions to provide for adequate light, air, pedestrian circulation, and necessary vehicular access; (4) Whether the vehicular circulation system, including access and off-street parking and loading, is so designed as to provide an §15-23-84 23-70 efficient, safe, and convenient transportation system; (5) Whether the pedestrian circulation system: (A) Is so located, designed, and of sufficient size as to conveniently handle pedestrian traffic efficiently and without congestion; (B) Is separated, if necessary, from vehicular roadways so as to be safe, pleasing, and efficient for movement of pedestrians; and (C) Provides efficient, convenient, and adequate linkages among open spaces, commercial and employment areas, and public facilities; (6) The adequacy of landscaping, screening, parking, and loading areas, service areas, lighting and signs, with relation to the type of use and neighborhood; (7) The appropriateness of the proposed mixtures of uses; (8) The staging program and schedule of development; (9) Relationship between structures and operations within structures; (10) Whether views will be preserved or blocked; (11) Surface treatment; (12) Overall appearance of a development from the street and adjacent developments; (13) Whether structures have an appropriate orientation to take advantage of winds, reduce direct sun exposure, and minimize shadow effect on adjacent buildings; (14) Preservation of adjacent view corridors; (15) Whether the facades of building are properly terraced, landscaped, and designed; (16) Relationship between and among uses along the adjacent street; (17) Development contribution to the attractiveness of the street-scape; and (18) Any other matter relating to the development or its impact on affected properties or §15-23-85 23-71 public facilities. [Eff 2/24/90; am and comp 10/10/98; comp 2/2/02; comp 12/9/02; am and comp 11/3/05] (Auth: HRS §§206E-4, 206E-5, 206E-7) (Imp: HRS §§206E -4, 206E-5, 206E-7)