THE SENATE	S.B. NO.	906
TWENTY-EIGHTH LEGISLATURE, 2015		S.D. 1
STATE OF HAWAII

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)

 

 

 

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