IA Land Use Brown Bag

Transit-Oriented DevelopmentCity Zoning, Permits, and Related Approval Processes

November 5, 2015

SpeakerJesse K. Souki, Esq.IMANAKA ASATO LLLC

Presented by The Seminar Group

Source: The General Plan (1992 edition, amended in 2002).General Plan Land Use Development Pattern

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The Project

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City & County of HonoluluState of HawaiiDepartment of Land and Natural ResourcesHawaii Community Development AuthorityOffice of Hawaiian AffairsUniversity of HawaiiAloha Stadium Authority

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TOD Land Use Jurisdictions

IPD-TInterim Planned Development-Transit permit, Ordinance 14-10TOD Zone ChangePD-TPlanned Development-Transit permitSpecial District5City TODRegulatory Programs

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TOD Zone Change

ProcessMinor ~45 daysDirectors ReviewMajor ~90 daysNeighborhood BoardAgency CommentsPublic HearingNegotiate Community BenefitsBenefitsAdditional FAR/Height above base but less than PD-T/IPD-TFlexibility in yards and setbacksAllow residential in IMX-1

7TOD Special District Permit

Process~185 daysDepartment of Planning & Permitting ReviewNeighborhood BoardNegotiate Community BenefitsCouncil Approval of Conceptual PlanFinal review by DPP

BenefitsNo JDA requiredHeight/FAR2x FAR or 7.5, whichever is lower2x height or 450, whichever is lowerOR whatever is in the adopted or draft neighborhood TOD planTransitional height setbacks8IPD-T & PD-TROH Sec. 21-9.100-5 & Proposed

Citys Housing Strategy RequirementsAffordable housingOpen spaceParksRight-of-way improvementsFinancial contributions to existing community amenities or public usesFacilities that enhance the pedestrian experience and/or improve multimodal transportationOr Others9Community Benefits

PROPOSED ISLANDWIDE REQUIREMENTS Projects needing building permits for 10 units or moreCONSTRUCTION ON-SITE: Rental: 15% of the units at up to 80% of AMI For-Sale: 30% of the units at up to 120% of AMI CONSTRUCTION OFF-SITE: Rental Only: 20% of the units at up to 80% of AMI IN LIEU CONSTRUCTION FEE: Fee equivalent to the cost of constructing a percentage of the total units as affordableMinimum required period of affordability 30 to 60 years.

10Islandwide Housing Strategy

If a land use permitting decision requires a dedication of property to offset impacts on the public from a particular project:The requisite property dedication must have a reasonable nexus to the public impact of the proposed project, andThe dedication must be roughly proportional to the size of the impact of the project.Otherwise, the dedication is a taking of private property requiring payment of just compensation under the Fifth Amendment of the U.S. Constitution.11Nollan/Dolan

Applies not just to situations in which a permit is issued with conditions but also when a permit is denied because the landowner rejects the conditions.In Koontz v. St. Johns River Water Management Dist., the government's demand of the permit applicant was "excessive.In lieu fees" are the functional equivalent of a land-use exaction.12Nollan/Dolan

DocumentsJoint Development AgreementsCondominium Property RegimeDeclaration of Covenants, Conditions, and RestrictionsEasement AgreementsGround LeasesTransfer of Development RightsIssues AddressedParkingAccess roadsAir spaceOther shared amenitiesMixing different uses13Types of Private Agreements & Transactional Documents

SourcesIPD-T Ordinance 14-10, http://www4.honolulu.gov/docushare/dsweb/Get/Document-150625/DOC002%20(17).PDFIPD-T Application Instructions, http://www.honoluludpp.org/Portals/0/pdfs/zoning/IPD-T.pdf Developers Have an Option for Transit-Oriented Development (TOD) with Interim Permit, http://www.hilanduselaw.com/2015/02/developers-have-option-for-transit.htmlLeveraging State Agency Involvement in Transit-Oriented Development to Strengthen Hawaiis Economy, http://www.smartgrowthamerica.org/wp/wp-content/uploads/HI-State-TOD-Strategies-Final-Report-1.pdfAla Moana Neighborhood TOD Plan Public Review Draft, July 2014, http://www.honolulu.gov/tod/neighborhood-tod-plans/dpp-tod-alamoana.htmlDPP Director's Report with Draft Bill for an Ordinance Regarding Waipahu Neighborhood TOD Plan Zone Change Proposal, http://www.honolulu.gov/rep/site/dpptod/waipahu_docs/PC_ZC_Submittal.pdf DPP Director's Report with Draft Bill for an Ordinance Regarding the TOD Special District, http://www.honolulu.gov/rep/site/dpptod/waipahu_docs/PC_SD_Submittal.pdf Housing Oahu: Affordable Housing Strategy, http://www.honolulu.gov/rep/site/dpptod/dpptod_docs/Housing_Oahu_Draft_9-12-14.pdfKoontz v. St. Johns River Water Mgmt. Dist., 133 S. Ct. 2586 (2013)Dolan v. City of Tigard, 512 U.S. 374 (1994)Nollan v. California Coastal Cmty., 483 U.S. 825 (1987)14

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