HOUSE OF REPRESENTATIVES

H.B. NO.

2856

TWENTY-SIXTH LEGISLATURE, 2012

 

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

"PART  .  HALAWA COMMUNITY DEVELOPMENT DISTRICT

     206E-     District established; boundaries.  (a)  The Halawa community development district is established.

     (b)  The district shall include the one hundred four acres of land upon which the aloha stadium is situated and appurtenant thereto; provided that the control of the stadium facility and any events conducted therein shall remain under the jurisdiction of the stadium authority established pursuant to section 109-1.

     §206E-     Prohibitions.  Anything contained in this chapter to the contrary notwithstanding, the authority is prohibited from selling or otherwise assigning the fee simple interest in any lands in the Halawa community development district to which the authority in its corporate capacity holds title, except with respect to:

     (1)  Utility easements;

     (2)  Remnants as defined in section 171-52;

     (3)  Grants to any state or county department or agency; or

     (4)  Private entities for purposes of any easement, roadway, or infrastructure improvements.

     §206E-     Halawa community development district; development guidance policies.  The following shall be the development guidance policies generally governing the authority's action in the Halawa community development district:

     (1)  Development shall result in a community that permits an appropriate land mixture of residential, commercial, industrial, and other uses.  In view of the innovative nature of the mixed use approach, urban design policies should be established to provide guidelines for the public and private sectors in the proper development of this district; while the authority's development responsibilities apply only to the area within the district, the authority may engage in any studies or coordinative activities permitted in this chapter that affect areas lying outside the district, where the authority in its discretion decides that those activities are necessary to implement the intent of this part.  The studies or coordinative activities shall be limited to facility systems, resident and industrial relocation, and other activities with the counties and appropriate state agencies.  The authority may engage in construction activities outside of the district; provided that the construction relates to infrastructure development or residential or business relocation activities; provided further, notwithstanding section 206E-7, that any construction shall comply with the general plan, development plan, ordinances, and rules of the county in which the district is located;

     (2)  Existing and future industrial uses shall be permitted and encouraged in appropriate locations within the district.  No plan or implementation strategy shall prevent continued activity or redevelopment of industrial and commercial uses that meet reasonable performance standards;

     (3)  Activities shall be located to provide primary reliance on public transportation and pedestrian facilities for internal circulation within the district or designated subareas;

     (4)  Major view planes, view corridors, and other environmental elements such as natural light and prevailing winds, shall be preserved through necessary regulation and design review;

     (5)  Historic sites and culturally significant facilities, settings, or locations shall be preserved;

     (6)  Land use activities within the district, where compatible, to the greatest possible extent, shall be mixed horizontally, that is, within blocks or other land areas, and vertically, as integral units of multi-purpose structures;

     (7)  Residential development may require a mixture of densities, building types, and configurations in accordance with appropriate urban design guidelines; integration both vertically and horizontally of residents of varying incomes, ages, and family groups; and an increased supply of housing for residents of low- or moderate-income may be required as a condition of redevelopment in residential use.  Residential development shall provide necessary community facilities, such as open space, parks, community meeting places, child care centers, and other services, within and adjacent to residential development; and

     (8)  Public facilities within the district shall be planned, located, and developed so as to support the redevelopment policies for the district established by this chapter and plans and rules adopted pursuant to it.

     (c)  The authority shall serve as the local redevelopment authority of the district.  In addition to any other of its duties under this chapter, the authority shall:

     (1)  Consult with the following persons and entities:

         (A)  Recorded landowners in the district;

         (B)  The stadium authority; and

         (C)  Aliamanu, Salt Lake, and Foster Village neighborhood boards

          to implement activities related to and supportive of cultural practices, education, and natural-resource restoration and management;

     (2)  Assist land users to manage their properties and implement activities related to and supportive of cultural practices, education, and natural-resource restoration and management;

     (3)  Work with federal, state, county, and other agencies to ensure that infrastructural support is provided for the district; and

     (4)  Develop the infrastructure necessary to support the implementation of the Halawa community development district master plan.

     (c)  Three additional voting members, except as otherwise provided in this subsection, shall be appointed to the authority by the governor pursuant to section 26-34 to represent the district.  These three members shall be considered in determining quorum and majority only on issues relating to the district and may vote only on issues related to the district."

     SECTION 2.  (a)  The stadium authority is directed to transfer title, control, and custody of the parcel of land identified as Tax Map Key             to the Hawaii community development authority.

     (b)  The Hawaii community development authority is directed to assume management authority over the lands transferred by this Act.

     SECTION 3.  All deeds, leases, contracts, loans, agreements, permits, or other documents executed or entered into by or on behalf of the stadium authority pursuant to the provisions of the Hawaii Revised Statutes, applicable to the lands that are being transferred pursuant to this Act shall remain in full force and effect, unless affirmatively amended by the appropriate agency, under due process.  Upon the effective date of this Act, every reference to the stadium authority applicable to the lands, but not to the stadium facility or any operations, maintenance, events, or other activities that occur within the actual stadium facility insofar as it is practical to achieve, that are being transferred pursuant to this Act shall be construed as a reference to the Hawaii community development authority.

     SECTION 4.  All rights, powers, functions, and duties of the stadium authority relating to the lands, but not to the stadium facility or any operations, maintenance, events, or other activities that occur within the actual stadium facility insofar as it is practical to achieve, that are being transferred pursuant to this Act are transferred to the Hawaii community development authority.

     SECTION 5.  During the time between the enactment of this Act and its effective date, the stadium authority shall make no decisions on deeds, leases, contracts, loans, agreements, permits or other documents relating to the lands that are being transferred pursuant to this Act unless the Hawaii community development authority concurs.

     SECTION 6.  If any part of this Act is found to be in conflict with federal requirements that are a prescribed condition for the allocation of federal funds to the State, the conflicting part of this Act shall be inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this Act in its application to the agencies concerned.  The rules in effect as a result of this Act shall meet federal requirements that are a necessary condition to the receipt of federal funds by the State or the city and county of Honolulu.

     SECTION 7.  This Act shall take effect upon its approval; provided that the transfer of lands described in this Act shall be executed on July 1, 2013, to allow for budgetary adjustments, rule changes, and other transition actions.

 

INTRODUCED BY:

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Report Title:

Community Development; HCDA; Aloha Stadium; Halawa Community Development District

 

Description:

Transfers the property around aloha stadium to the HCDA.  Establishes the Halawa community development district.

 

 

 

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