Report Title:

Hawaii Community Development Authority; Ala Wai Boat Harbor

 

Description:

Establishes the Ala Wai community development district.  Provides development objectives and guidelines.  Provides for request for proposals for the private redevelopment and operation of Ala Wai boat harbor.  Transfers Ala Wai boat harbor from department of land and natural resources to Hawaii community development authority.

 


HOUSE OF REPRESENTATIVES

H.B. NO.

258

TWENTY-FOURTH LEGISLATURE, 2007

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT


 

 

relating to community development.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  The legislature finds that the Ala Wai boat harbor is in an extremely deteriorated condition, with major portions of some docks that are unusable and threatening to fall into the water.  For years boating enthusiasts using the facilities and the resident live-in boaters have all complained about the deleterious conditions of the facilities.  For years, there have been calls for the increase in docking and mooring fees to be used to address these conditions.  To date, the department of land and natural resources has failed to address these concerns.

     The legislature finds that there is a need for the replanning, renewal, and redevelopment of the Ala Wai boat harbor and the appurtenant surrounding fast lands.

     The purpose of this Act is to:

     (1)  Establish the Ala Wai community development district;

     (2)  Establish development guidance policies for the development of the Ala Wai community development plan;

     (3)  Develop, distribute, and accept requests for proposal for the private redevelopment of the Ala Wai community development district; and

     (4)  Withdraw the Ala Wai boat harbor from the department of land and natural resources and set it aside to the Hawaii community development authority.

     SECTION 2.  Chapter 206E, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part   .  Ala Wai Community development district

     §206E-A  District established; boundaries.  The Ala Wai community development district is established.  The district shall include that area within the boundaries described as follows:  beginning at the shoreline at the southwest corner of TMK: first division, 2-3-037:012 and running along its westerly boundary in a northerly direction until it intersects with the southwest corner of TMK: first division, 2-3-037:004, then along the northerly boundary of that parcel and the northerly boundary of TMK: first division, 2-3-037:006, then along the westerly boundary of TMK: first division, 2-3-037:002 until it intersects with Ala Moana boulevard, then along the southerly boundary of Ala Moana boulevard until it intersects with Holomoana street, then along the southerly boundary of Holomoana street, then along the easterly boundary of TMK: first division, 2-3-037:012 to the ocean, and along the southerly boundary of that parcel to the point of beginning, including all parcels within those boundaries, including but not limited to TMK: first division, 2-3-037:2, 4, 6, 13, 20, 24, 27, and 31 through 35.

     §206E-B  Development guidance policies.  The following shall be the development guidance policies generally governing the authority's action in the development of a community development plan for the Ala Wai community development district:

     (1)  Planning shall ensure the optimum compatible uses and activities of recreational users of the district along with resident live-in boaters of the district;

     (2)  Planning and development of the district shall be done in coordination with the planning and development of Kewalo basin to ensure the complementary redevelopment and operation of both harbors, one an essentially commercial harbor and the other a recreational harbor;

     (3)  Commercial uses shall be provided for in the district, including but not limited to restaurants, retail shops, maritime and fishing supply shops, and private club facilities;

     (4)  Industrial uses in the district shall be limited to a marine fuel supply facility;

     (5)  An interior road system and adequate parking shall be provided;

     (6)  Continued and close coordination shall be maintained with the city and county of Honolulu to ensure provision of adequate infrastructure to serve the district;

     (7)  Building envelops shall be developed to allow commercial development in the district along Ala Moana boulevard, while preserving the major view corridor of the district and the shoreline from Ala Moana boulevard;

     (8)  Provisions shall be made to ensure the continued use of the district, including the submerged lands in the district, the adjacent shoreline, and offshore waters for recreational use by sailing students, canoe paddlers, surfers, and swimmers; and

     (9)  Redevelopment of the district shall be compatible with the surrounding area, including the Hawaii convention center, Ala Wai canal, and the lagoon in TMK: first division, 2-3-037:21.

     §206E-C  Adoption of community development plan; request for proposals for private development.  (a)  Pursuant to section 206E-5, the authority shall develop and adopt the Ala Wai community development plan for the district.

     (b)  Upon the adoption of the community development plan, the authority shall develop, distribute, and accept requests for proposals from qualified private entities for plans to develop and operate the district in accordance with the community development plan for the district.  This request for proposals process may be done separately from or in conjunction with any request for proposals for the redevelopment of Kewalo basin.

     §206E-D  Operations of the district prior to redevelopment; transfer; proceeds on development.  (a)  The operation and management of the Ala Wai boat harbor shall be the continued responsibility of the department of land and natural resources until a proposal for the redevelopment of the district is accepted.

     (b)  Upon the acceptance of a proposal for development and prior to the execution of a development agreement and long-term lease for the development and operation of the district, the governor shall withdraw the district from the department of land and natural resources and set it aside to the authority.

     (c)  Upon the execution of a development agreement and long-term lease, the responsibility for the continued operation and maintenance of the Ala Wai boat harbor during the redevelopment of the district shall be the responsibility of the selected private developer.

     (d)  Following the transfer of the responsibility for operating and managing the Ala Wai boat harbor to the private developer, any and all proceeds, including but not limited to development fees, lease premiums, and lease rents, from the development agreement and the long-term lease shall be deposited into the Hawaii community development revolving fund.  The authority shall be reimbursed for all costs and expenses it incurred in the development of the community development plan, the request for proposals process, preparation and execution of the development agreement and long-term lease, the overseeing of the redevelopment of the district, and the continued management of the long-term lease for the district, including a pro rata share of its administrative overhead allocable to these tasks.  All excess moneys in the Hawaii community development revolving fund derived from the Ala Wai community development district shall be deposited into the boating special fund."

     SECTION 3.  Upon the execution of an executive order by the governor withdrawing the Ala Wai boat harbor from the department of land and natural resources and setting it aside to the Hawaii community development authority, all appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property heretofore made, used, acquired, or held by the department of land and natural resources relating to the functions transferred to the Hawaii community development authority shall be transferred with the functions to which they relate.

     SECTION 4.  In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

     SECTION 5.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

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