Bill Text: HI SB906 | 2015 | Regular Session | Amended
Bill Title: Hawaii Community Development Authority; Public Hearings
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2015-02-27 - The committee on JDL deferred the measure. [SB906 Detail]
Download: Hawaii-2015-SB906-Amended.html
THE SENATE |
S.B. NO. |
906 |
TWENTY-EIGHTH LEGISLATURE, 2015 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO THE HAWAII COMMUNITY DEVELOPMENT AUTHORITY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 206E, Hawaii Revised Statutes, is amended by adding two new sections to part I to be appropriately designated and to read as follows:
"§206E‑ Developers to abide by representations and commitments. A developer who proposes to develop lands under the authority's control and whose proposal is approved by the authority shall abide by all representations and commitments made in the permit application process.
§206E- Public information meeting. Upon issuance of the certificate of completeness of a project development, the authority shall schedule a public information meeting for the presentation of the developer's proposed project and requests for modifications or variances and reasons therefor. The developer shall present its proposed project plans, including but not limited to visual presentations of the proposed project and justification for any variances or modifications from the community development plan and rules, and answer questions and receive and address comments and recommendations from the public."
SECTION 2. Section 206E-5.5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) The authority shall adopt community and public notice procedures pursuant to chapter 91 that shall include at a minimum:
(1) A means to effectively engage the community in
which [the authority is planning] a development project is planned
to ensure that community concerns are received and considered by the [authority;]
developer, including but not limited to the following:
(A) Prior to submitting its application to the authority, the developer shall convene at least two pre-application meetings in the community development district of the proposed project, in addition to a presentation to the area neighborhood board, to present its conceptual proposal of the development project, receive comments on the proposal, identify opportunities and benefits to the community, and address or mitigate potential adverse impacts on the neighborhood and community; and
(B) The authority shall not issue a certificate of completeness unless the application provides evidence that the developer has met with the affected community development district residents and stakeholders to identify opportunities, benefits, community concerns, and potential adverse impacts of the proposed project, and actions taken to address or mitigate identified adverse impacts on the public health, safety, and welfare of the neighborhood and broader community;
(2) The posting of the authority's proposed plans for
development of community development districts, public hearing notices, [and]
minutes, and decisions of its proceedings on the authority's website;
(3) The posting of every application for a development permit for any project within a community development district on the authority's website when the application is received; pre-application meetings and other relevant information on the proposed project; the application when deemed complete; and the schedule of the public meeting, intervention deadlines, and subsequent public hearings on the project;
(4) Notification by the applicant of any [application
for a] development permit for a project valued at $250,000 or more, when
the application is deemed complete, by first class United States mail,
postage prepaid to owners and lessees of record of real property located within
a three hundred foot radius of the perimeter of the proposed project identified
from the most current list available from the real property assessment division
of the department of budget and fiscal services of the county in which the
proposed project is located [when the application is deemed complete;] and
to all boards of directors of associations of apartment owners, as defined in
section 514A-3, and boards, as defined in section 514B-3, of condominiums
within the relevant community development district, which, upon receipt, shall
be posted in a prominent location on site by the respective building manager;
provided that notice mailed pursuant to this paragraph shall include but not be
limited to notice of:
(A) Project specifications;
(B) Requests for variance,
exemption, or modification of a community development plan or the authority's
community development rules; [and]
(C) Procedures for intervention and a contested case hearing; and
(D) The schedule of the public meeting, intervention motion and decision deadlines, and public hearings; and
(5) Any other information that the public may find useful so that it may meaningfully participate in the authority's decision-making processes."
SECTION 3. Section 206E-5.6, Hawaii Revised Statutes, is amended as follows:
1. By amending subsection (b) to read:
"(b) The authority shall issue a public
notice in accordance with section 1‑28.5 and post the notice on its
website[; provided that the decision-making hearing shall not occur earlier
than five business days after the notice is posted.] within five
business days after issuance of a certificate of completeness of the
developer's application. Public notice issued pursuant to this subsection [for
public hearings] on the acceptance of a developer's proposal to develop
lands under the authority's control shall state [that any] the
schedule for the proposal review, including but not limited to the public
information meeting, public hearings, intervention motions and decisions, and
any other information pertinent to the application. Any written motion to
intervene as a formal party to the proceeding shall be received within twenty business
days after the [publication date of the public notice.] public information
meeting. The authority shall schedule the commencement of the contested case
hearing no earlier than twenty business days after rendering a decision on the
intervention motion."
2. By amending subsection (i) to read:
"(i) The authority shall not approve any
developer's proposal to develop lands under the authority's control unless the
authority finds that the proposed development project is reasonable and is
consistent with the development rules and policies of the relevant development
district. In making its [finding] determination pursuant to this
subsection, the authority shall [consider:
(1) The extent to which the] find
that the proposed project:
[(A)] (1) Advances the goals,
policies, and objectives of the applicable district plan;
[(B)] (2) Protects, preserves, or
enhances desirable neighborhood characteristics through compliance with the
standards and guidelines of the applicable district rules;
[(C)] (3) Avoids a substantially
adverse effect on surrounding land uses and infrastructure through
compatibility with or enhancement of the existing and planned land use [character]
of the [surrounding] area; [and]
[(D)] (4) Provides housing
opportunities for all income groups, particularly low, moderate, and other
qualified income groups;
[(2) The impact of the proposed project on
the following areas of urban design, as applicable:
(A) Pedestrian oriented development,
including complete streets design;
(B) Transit oriented development,
including rail, bus, and other modes of rapid transit; and]
(5) Enhances the following urban design and state interests:
(A) Neighborhood and transit-oriented development that is compact, pedestrian-oriented, and mixed-use;
(B) Multi-modal transportation system, including rail, bus, bicycle, motorcycle, and other alternative modes, that is safe and accessible;
(C) Community amenities such as gathering
places, community centers, culture and arts facilities, and the full array of
public facilities [normally provided by the public sector;
(3) The impact of the proposed project on
the following areas of state concern:
(A)] that reinforce the
neighborhood's identity;
(D) Open spaces, including parks, squares, plazas, and playgrounds;
(E) Preservation of important natural systems or habitats;
[(B)] (F) [Maintenance] Preservation
or renewal of valued cultural[, historical, or natural resources;] or
historic structures;
[(C) Maintenance of other resources
relevant to the State's economy;
(D) Commitment of state funds and
resources;
(E)] (G) Employment
opportunities and economic development; [and
(F)] (H) Maintenance and
improvement of the quality of educational programs and services provided by
schools;
[(4) The representations and commitments
made by the developer in the permit application process.]
(I) Health and wellness and other supportive services for residents of all ages, including aging in place and care for families; and
(J) Opportunities for locally grown and made products and services."
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 2015.
Report Title:
Hawaii Community Development Authority; Public Hearings
Description:
Requires HCDA to schedule a public information meeting to present the developer's project proposal and requests for modifications or variances. Amends the deadline to intervene in a proceeding to accept a developer's proposal to twenty days after the public informational meeting on a developer's proposal. Requires developers to convene community meetings on proposed projects prior to submitting their application. Requires HCDA to make certain findings regarding the proposed project and its impacts in order to approve the proposed development. Requires developers to abide by all representations and commitments made in the permit application process. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.