§15-22-110  Statement of purpose.  (a)  The rules set forth in this subchapter are designed to deal with problems of large-scale developments and to promote and facilitate better site planning and community planning through modified application of the zone rules in those developments.
 (b) For large-scale developments, the orthodox lot-by-lot zone rules as set forth in subchapter 3 may impose unnecessary rigidities and thereby prevent achievement of the best possible site plan within the overall density and bulk controls.  For such developments, the rules of this subchapter are designed to allow greater flexibility for the purpose of securing better planning for such development.  This subchapter provides incentives to achieve more efficient use of increasingly scarce land within the framework of the overall bulk controls, and to enable the limited land area in a development to be arranged in a way that the needs of the residents and employees of the development are best served.
 (c) A further purpose of this subchapter is to develop an incentive zoning system in which the community will receive public amenities that would otherwise be unavailable, such as a variety of housing costs and types, including reserved housing units, increased open spaces, and improved pedestrian and vehicular circulation.  In return, the developer is permitted to build at higher densities and at greater building heights.
 (d) A further purpose of this subchapter is to provide a method whereby land in any of the three mixed-use zones may be designed and developed as an integrated, multi-decked structure for mixed-use purposes.  This planned development permit method will provide more open space, light, air, pedestrian facilities, parking, and more efficient use of land for mixed-use purposes.  To ensure that the housing objectives of the plan are met, the authority shall, to the extent possible, require that housing units be provided for families of varying incomes, ages or groups.
 (e) This planned development permit method will encourage the vertical mixture of land uses by providing industrial, commercial and residential uses on different floors within a development.  The platform deck, approximately forty-five feet above grade, shall contain landscaped open space, recreation space, and community service uses for residents and employees.  Furthermore, decks may contain retail shops and restaurants if properly sited and integrated with the surrounding open spaces.  Towers conforming to the urban design requirements of this chapter may be sited upon decks or to the side of platforms.
 (f) A further purpose of this subchapter is to encourage the creation of a distinctive visual character and identity for each development.  It is intended that projects developed pursuant to this subchapter produce a balanced and coordinated mixture of residential and convenience commercial uses, as well as other commercial and industrial uses, and related public and private facilities.  [Eff 9/8/86, comp 1/28/88, comp 2/24/90] (Auth:  HRS §§206E-4, 206E-5, 206E-7) (Imp:  HRS §§206E-4, 206E-5, 206E-7)

Historical note:  §15-22-110 is based substantially upon §15-17-90.  [Eff 2/27/82; R 9/8/86]
 

 §15-22-111  Granting of planned development permits.  (a)  The authority may grant a planned development permit for a development within any of the three mixed-use zones which it finds meets the requirements of this chapter.  The authority may impose conditions and requirements upon a planned development permit as it finds are reasonable and necessary to carry out the purpose and requirements of this subchapter.
 (b) The application for a planned development permit shall be accompanied by a fee of $325.  [Eff 9/8/86, comp 1/28/88, comp 2/24/90] (Auth:  HRS §§206E-4, 206E-15) (Imp:  HRS §§206E-4, 206E-15)

Historical note:  §15-22-111 is based substantially upon §15-17-91.  [Eff 2/28/82; am 5/31/84; R 9/8/86]
 

 §15-22-112  Eligibility for planned development permit. The planned development option set forth by this subchapter shall be available for any development lot which contains at least 10,000 square feet within any mixed-use zone.  [Eff 9/8/86, comp 1/28/88, comp 2/24/90] (Auth: HRS §§206E-4, 206E-5, 206E-7) (Imp:  HRS §§206E-4, 206E-5, 206E-7)

Historical note:  §15-22-112 is based substantially upon §15-17-92.  [Eff 2/27/82; R 9/8/86]
 

 §15-22-113  Permitted uses.  (a)  The uses permitted within a planned development shall be any of the uses permitted within the mixed-use zone within which the development is located.
 (b) For any planned development of lots less than 20,000 square feet in size within either MUZ-C or MUZ-R, no more than 1.2 FAR shall be placed in commercial use.  For any planned development of lots 20,000 square feet or more in size within MUZ-C, no more than sixty per cent of the total allowable floor area shall be placed in commercial use and the remaining floor area shall be placed in multi-family dwellings.  An exception to the above requirements is any development within the area bounded by Punchbowl Street, King Street, South Street, and Pohukaina Street where the total allowable floor area may be placed in any permissible use.  For any planned development within MUZ-R, no more than 1.2 FAR shall be placed in commercial use and the remaining floor area shall be placed in multi-family dwellings.  Within MUZ-RA, no more than .3 FAR of commercial use is allowed and the remaining floor area shall be placed in multi-family dwellings.
 (c) For any planned development, industrial uses, if provided, shall be restricted within the platform.  Multi-family dwelling units, commercial uses and public uses may be located at any level.
 (d) In satisfying the mixed-use requirements for planned developments, community service uses shall be considered commercial.
 (e) The authority may exempt public improvements or projects from the minimum and maximum ratio of residential and commercial floor area requirements of this subchapter, provided that the granting of the exemption shall further the purposes and intent of this chapter and the mauka area plan.  [Eff 9/8/86, comp 1/28/88, am and comp 2/24/90, am 11/25/96] (Auth:  HRS §§206E-4, 206E-5, 206E-7) (Imp:  HRS §§206E-4, 206E-5, 206E-7)

Historical note:  §15-22-113 is based substantially upon §§15-17-93 and 15-17-105.  [Eff 2/27/82; am 1/21/83; am 5/31/84; R 9/8/86]
 

 §15-22-114  Effect of other provisions of this chapter. Unless specifically modified by the provisions of this subchapter, all of the provisions of other subchapters of these rules shall be applicable to the planned development.  [Eff 9/8/86, comp 1/28/88, comp 2/24/90] (Auth:  HRS §§206E-4, 206E-5, 206E-7) (Imp:  HRS §§206E-4, 206E-5, 206E-7)

Historical note:  §15-22-114 is based substantially upon §15-17-94.  [Eff 2/27/82; R 9/8/86]
 

 §15-22-115  Requirement of providing reserved housing units.  (a)  Every applicant for a planned development containing multi-family dwelling units on a development lot of at least 20,000 square feet shall provide at least twenty per cent of the total number of dwelling units in the development for sale or rental to qualified persons as determined by the authority.
 (b) Such units, hereinafter referred to as reserved housing units, shall be sold or rented to persons qualifying under the terms and conditions set forth under subchapter 7 of this chapter.  The applicant shall execute agreements as are appropriate to complement this requirement, and such agreements shall be binding upon the applicant and his successors in interest, and shall run with the land.  The agreement shall provide that the applicant must provide certification to the authority as to the compliance of the requirements herein.
 (c) If the authority so determines, it may require that, instead of providing reserved housing units within the development in the foregoing manner, the applicant may meet the requirement of subsection (a) above by the following alternatives:
(1) By providing such reserved housing units elsewhere within the mauka area;
(2) By setting aside such reserved housing units for sale to the authority, at cost, as reserved housing units, under terms and conditions established by the authority; or
(3) By making cash payments in lieu of providing such reserved housing units.  The amount of cash shall be calculated as a percentage of gross revenue and shall vary depending upon the amount of reserved housing provided and the affordability of the nonreserved units in the development.  As set forth in Schedule A and as depicted in Exhibit 7-I, dated July, 1995, the percentage of gross revenue shall proportionally increase from a minimum of zero per cent when the average price of nonreserved units is affordable to households with adjusted incomes up to one hundred forty per cent of median income, to a maximum of four per cent when no reserved housing is provided and the average price of nonreserved units is affordable to households with adjusted incomes at or exceeding one hundred eighty per cent of median income.

  SCHEDULE A

  Amount of reserved   Amount of cash required
housing units provided (Minimum - Maximum)

20 per cent or more no cash is required
18 per cent   0% - 0.40% of Gross Revenues
16 per cent   0% - 0.80% of Gross Revenues
14 per cent   0% - 1.20% of Gross Revenues
12 per cent   0% - 1.60% of Gross Revenues
10 per cent   0% - 2.00% of Gross Revenues
8 per cent   0% - 2.40% of Gross Revenues
6 per cent   0% - 2.80% of Gross Revenues
4 per cent   0% - 3.20% of Gross Revenues
2 per cent   0% - 3.60% of Gross Revenues
0 per cent   0% - 4.0% of Gross Revenues
 

  As used in this section, "gross revenue" means gross receipts from the sale of space for nonreserved residential uses and its required parking.  In the case of rental space, the capitalized value of net operating rent shall be the measure of gross receipts.
The average price of units shall be determined by dividing gross revenue by the total number of nonreserved units in the development.
The cash in lieu fee, calculated separately for each unit type, shall be derived as follows:
(A) Determine the average price.
(B) Convert average price to a percentage of the median income for standard household sizes established in section 15-22-185 utilizing the affordability criteria set forth in section 15-22-185.1.
(C) If the average price, expressed as a percentage of median income, is one hundred forty per cent or less of median income, no cash in lieu fee shall be required.  If the average price is more than one hundred forty per cent but less than one hundred eighty per cent of median income, the following formula shall be applied:

 Fee = (A-140%) x 0.1 x [1-(B/20%)] x C, where
A = average price, expressed as a percentage of median income
B = number of reserved housing units provided divided by total number of units
C = gross revenue

 If the average price is one hundred eighty per cent or more of median income, the following formula shall be applied:

 Fee = 4.0% x [1-(B/20%)] x C, where
  B = number of reserved housing units provided divided by total number of units
  C = gross revenue

 The cash payment in lieu of providing reserved housing shall be determined by the authority based on the estimated average price of the development at the time the planned development permit is issued and adjusted based on the actual average price of the development.  The amount of cash shall be payable prior to the issuance of the initial certificate of occupancy and secured by the applicant with a financial guaranty bond from a surety company authorized to do business in Hawaii, an acceptable construction set-aside letter, or other acceptable means prior to the issuance of the initial building permit.
The applicant shall execute such agreements as are necessary to implement any alternative requirement, and such agreements shall be binding upon the applicant and his successors in interest, and shall run with the land.
 (d) No building permit shall be issued for any planned development until the authority has certified that the development complies with the requirements of this section.  The authority may require guarantees, may enter into recorded agreements with developers and with purchasers and tenants of the reserved housing units, and may take other appropriate steps necessary to assure that these housing units are provided and that they are continuously occupied by qualified persons.  When this has been assured to the satisfaction of the authority and it has determined that the proposed development meets the requirements and standards of this section, it shall certify the application approved as to the housing requirements of this section.
 (e) Fees collected from cash payments in lieu of providing reserved housing units and other payments made with respect to reserved housing units shall be placed in a revolving fund, the proceeds of which shall be utilized for the purchase, creation, expansion, or improvement of reserved housing within the district.  [Eff 9/8/86, comp 1/28/88, am and comp 2/24/90, am 9/15/90, am 8/4/95, am 1/13/00] (Auth:  HRS §§206E-4, 206E-5, 206E-7) (Imp:  HRS §§206E-4, 206E-5, 206E-7)

Historical note:  §15-22-115 is based substantially upon §15-17-95.  [Eff 2/27/82; am 4/6/85; R 9/8/86]
 

 §15-22-115.1  Waiver of reserved housing cash in lieu payment.  (a)  This section shall apply to applications submitted within twelve months of the effective date of this section.  Applications shall comply with all requirements of this chapter.
  (b) A waiver of the required cash payment in lieu amount shall be granted at the payment due date as set forth in section 15-22-115 and shall be based on the following:
(1) For projects with up to 200,000 square feet of total floor area, waiver of cash payment in lieu amount shall be granted if construction commencement takes place within eighteen months of development permit approval and construction completion takes place within thirty-six months of construction commencement; or
(2) For projects with more than 200,000 square feet of total floor area, waiver of cash payment in lieu amount shall be granted if construction commencement takes place within twenty-four months of development permit approval and construction completion takes place within forty-eight months of construction commencement.
 (c) Development permits approved by the authority prior to the effective date of this section may qualify for a waiver of the reserved housing cash payment in lieu amount, provided that an initial certificate of occupancy has not been issued for the project and the authority approves of the waiver.
 (d) Time periods set forth in subsection (b) may be extended by the authority if the delay in construction commencement or completion is due to causes beyond the control of the applicant, and shall include strikes, boycotts, labor disputes, embargoes, acts of God, acts of public enemy, riots, rebellion, sabotage or any other circumstances for which the applicant is not responsible.  A finding that an extension is warranted and the additional time be allowed for the project shall be at the sole discretion of the authority and shall be for a period no more than the time lost by reason of any of the aforesaid causes.
 (e) As used in this section, "construction commencement" shall mean the date visible construction on the foundation can be verified and "construction completion" shall mean the date the initial certificate of occupancy is issued.  [Eff 6/13/97] (Auth:  HRS §§206E-4, 206E-5, 206E-7) (Imp:  HRS §§206E-4, 206E-5, 206E-7)
 

 §15-22-116  Maximum development height, density, and tower footprints.  (a)  Except as otherwise provided, any applicant of a planned development permit who meets applicable provisions of this subchapter shall be entitled to increases in maximum height, FAR and tower footprint according to location and size of the development lot as shown in the following table:
 
 
 

PLANNED DEVELOPMENTS IN ALL MIXED-USE ZONES
MAUKA AREA
 

  Building Tower
 Lot Size Height   Footprint
 (sq. ft.)   (feet)  FAR   (sq. ft.)

 10,000 65   1.8 5,000
 20,000   100 2.0 8,000
 40,000   200 2.5 14,000
 60,000   300 3.0 15,000
 80,000 or more   400 3.5 16,000
 
 

 (b) For a development lot between 10,000 and 80,000 square feet, the maximum floor area ratio, the maximum building height and maximum tower footprint are proportional to the parameters of the lots enumerated in the above table.
 (c) For any planned development which provides industrial use, nursing facilities, assisted living administration and ancillary assisted living amenities, a bonus, not to exceed 0.3 FAR, shall be permitted to the FAR allowed under subsection (a) for the amount of the industrial use, nursing facilities, assisted living administration and ancillary assisted living amenities provided.  The bonus for assisted living administration functions and ancillary assisted living amenities shall be limited to one-third of the net area of nursing facilities.  The net area shall not include kitchen, dining and mechanical areas.
 (d) An exception to the development parameters specified in subsections (a) and (b) of this section are planned developments in the area bounded by Punchbowl Street, King Street, South Street and Ala Moana Boulevard where the maximum building height shall be sixty-five feet.  The maximum floor area ratio for planned developments in the area bounded by Punchbowl Street, King Street, South Street and Pohukaina Street shall be 2.5.
 (e) The following building elements or features and associated screening shall be exempt from height limits subject to the following restrictions:
(1) Necessary utilitarian features including stairwell enclosures, safety railings, ventilators, decorative or recreational features, including rooftop gardens, planter boxes, flag poles, spires, parapet walls or ornamental cornices, roof-mounted mast, whip and dish antennae, energy-saving devices, including heat pumps and solar collectors, vent pipes, fans, roof access stairwells, and structures housing rooftop machinery, such as elevators and air-conditioning, and chimneys, may exceed the height limit by not more than 18 feet; and
(2) Skylights not to exceed twenty feet from the platform deck level.
 (f) Miscellaneous building elements may exceed the height limit subject to the zoning adjustment provisions in §15-22-21.
 (g) Rooftop features which principally house elevator machinery and air-conditioning equipment may extend above the governing height limit for structures subject to the zoning adjustment provision set forth in §15-22-21 and the following conditions:
(1) If the elevator cab opens on the roof, machinery may not be placed above the elevator housing.
(2) The highest point of the rooftop feature shall not exceed five feet above the highest point of equipment structures.
(3) Areas proposed to be covered by the rooftop feature will not be counted as floor area, provided they are used only for the housing of rooftop machinery.
 (h) Planned developments on lots of 80,000 square feet or less shall be allowed one tower.  For parcels exceeding 80,000 square feet, additional towers are allowed, provided the maximum building height and tower footprint are proportional to the parameters enumerated in the table in subsection (a) above.  [Eff 9/8/86, comp 1/28/88, am and comp 2/24/90, am 12/15/94, am 11/25/96, am 8/1/97] (Auth:  HRS §§206E-4, 206E-5, 206E-7) (Imp:  HRS §§206E-4, 206E-5, 206E-7)

Historical note:  §15-22-116 is based substantially upon §15-17-97 [Eff 2/27/82; am 1/21/83; am 5/31/84; R 9/8/86] and §15-17-209 [Eff 10/10/83; am 5/31/84; R 9/8/86]

  §15-22-117  Other rules for applicants of planned developments.  (a)  Building setbacks along view corridor streets shall be required as provided in the mauka area plan and shown in the exhibit entitled "View Corridor Setbacks", dated June 1994, at the end of this chapter.  View corridor streets designated in the mauka area plan are shown in the exhibit entitled "View Corridor Streets", dated April 1999, at the end of this chapter.
 (b) For any planned development having frontage on Punchbowl Street, King Street or South Street, within the area bounded by Punchbowl Street, King Street, South Street, and Pohukaina Street, the minimum front yard shall be twenty feet.
 (c) Within the area bounded by Punchbowl Street, King Street, South Street and Pohukaina Street, a minimum of twenty-five per cent of the lot area exclusive of parking areas shall be devoted to open space, all of which shall be at grade.  The required yard setback area shall be included in calculating the open space.  [Eff 9/8/86, comp 1/28/88, am and comp 2/24/90, am 12/15/94, am 9/19/97, am 8/16/99, am 1/13/00] (Auth:  HRS §§206E-4, 206E-5, 206E-7, 206E-33) (Imp:  HRS §§206E-4, 206E-5, 206E-7, 206E-33)

Historical note:  §15-22-117 is based substantially upon §15-17-98.  [Eff 2/27/82; am 1/21/83; am 5/31/84; R 9/8/86]
 

 §15-22-118  Lapse of planned development permit.  (a)  Any planned development permit granted under the provisions of this subchapter shall automatically lapse if the initial building permit authorizing the construction of the foundation or superstructure of the project shall not have been issued within two years from the date of the permit, or, if judicial proceedings to review the decision to make the grant shall be instituted, from the date of entry of the final order in such proceedings including all appeals.
 (b) Should a planned development permit provide for phased construction, the phases shall be constructed in accordance with the time periods set forth therein; however, if no time is specified, the planned development permit shall lapse if the building permit for the subsequent phase shall not have been issued within one year of the issuance of the occupancy permit for the previous phase.
 (c) The authority may grant an extension to the effective period of a planned development permit, not to exceed two years, upon the applicant's request and justification in writing for an extension, provided the request and justification are received by the authority at least one hundred days in advance of the automatic termination date of the planned development permit and there are no material changes in circumstances which may be cause for denial of the extension.  The authority shall hold a public hearing on an extension request if a public hearing had been held on the planned development permit or any variance or modification granted as part of the planned development permit process.  [Eff 9/8/86, am and comp 1/28/88, am 1/29/90, comp 2/24/90, am 12/15/94] (Auth:  HRS §§206E-4, 206E-5, 206E-7) (Imp:  HRS §§206E-4, 206E-5, 206E-7)

Historical note:  §15-22-118 is based substantially upon §15-17-100.  [Eff 2/27/82; am 5/11/85; R 9/8/86]
 

 §15-22-119  Conditions.  The authority may attach to a planned development permit conditions which may concern any matter subject to regulation under this chapter, including, but not limited to, the following:
(1) Minimizing any adverse impact of the development on other land, including the hours of use and operation and the type and intensity of activities which may be conducted;
(2) Controlling the sequence of development, including when it must be commenced and completed, and whether some or all nonresidential uses are to be built before, after, or the same time as residential uses;
(3) Controlling the duration of use of development and the time within which any structures must be removed;
(4) Assuring that development is maintained properly in the future;
(5) Designating the exact location and nature of development;
(6) Establishing more detailed records by submission of drawings, maps, plats or specifications;
(7) Requiring provision by the developer of streets, other rights-of-way, pedestrianways, bikeways, utilities, parks, and other open space, on-site recreation areas for residents and workers, all of a quality and quantity reasonably necessary for the proposed development;
 (8) Requiring the dedication of land or facilities or cash in lieu thereof for public facilities as set forth in this chapter;
(9) Requiring creation or conveyance of interests in lands reasonably necessary to effectuate the conditions required herein;
(10) Requiring the connection of such planned development to existing public service systems;
(11) Requiring the applicant to demonstrate financial, organizational, and legal capacity to undertake the development that is proposed, and to offer written assurance of compliance with any representations made by it as part of the application for the planned development permit and any conditions attached to the permit;
(12) Requiring the applicant to submit periodic reports showing what progress has been made in complying with any of the conditions imposed;
(13) Requiring the applicant to indicate the location of housing support facilities, including but not limited to, child care centers, elderly care centers, health care centers, community service centers, and other similar activities;
(14) Requiring the applicant to indicate the method of relocation of tenants and businesses; and
(15) Requiring the applicant to indicate the method of handling safety and security concerns, including the lighting of building interiors, grounds, landscaping, parking areas, and exterior common areas.  [Eff 9/8/86, comp 1/28/88, comp 2/24/90] (Auth:  HRS §§206E-4, 206E-5, 206E-7) (Imp:  HRS §§206E-4, 206E-5, 206E-7)

Historical note:  §15-22-119 is based substantially upon §15-17-101.  [Eff 2/27/82; R 9/8/86]
 

 §15-22-120  Modification of specific provisions.  As a part of the planned development permit review process, the authority may modify plan and rule requirements provided a public hearing is held.  Pursuant to §15-22-22, modifications may be granted only to the following:
(1) View corridor setbacks;
(2) Yards;
(3) Loading space;
(4) Parking;
 (5) Minimum and maximum ratio of residential and commercial space;
(6) Towers, as follows:
(A) Tower footprint area:
(i) For buildings within the district utilized by the general public but limited to:  auditoriums, community centers, and churches; or
(ii) For those portions of towers below sixty-five feet in height.
(B) Number of towers:  The maximum number of towers may be modified for all structures within the area bounded by Punchbowl, King, South, and Pohukaina Streets;
(7) Platform heights may be commensurately modified to exceed forty-five feet where:
(A) Subsurface construction is infeasible;
(B) Design requirements for ceiling height clearances require height adjustment;
(C) Industrial, commercial, residential or community service uses are substantially located within the platform, especially along streets or public spaces; or
(D) Significant public facilities or pedestrian features are provided at the street level, especially arcades or publicly accessible open space in excess of the minimum grade-level open space;
(8) Number of reserved housing units and the cash-in-lieu of providing reserved housing units; and
(9) Open space, as follows:
(A) Obstructions overhead that enhance utilization and activity within open spaces or do not adversely affect the perception of open space; and
(B) Height from sidewalk elevation of four feet may be exceeded at a maximum height-to-length of 1:12 if superior visual relief from building mass results.  [Eff 9/8/86, comp 1/28/88, comp 2/24/90, am 12/15/94, am 1/25/97, am 1/13/00] (Auth:  HRS §§206E-4, 206E-5, 206E-7) (Imp:  HRS §§206E-4, 206E-5, 206E-7)

Historical note:  §15-22-120 is based substantially upon §15-17-102.  [Eff 1/21/83; am 5/31/84; R 9/8/86]
  §15-22-121  Repealed.  [R 1/25/97]