New condominium towers in Kakaako would be spaced farther apart and rise no higher than existing towers under bills that were advanced Tuesday by a legislative committee that also deferred more radical measures that included a one-year development moratorium for the urban Honolulu area.
The state House Committee on Water and Land revised and passed four of seven bills affecting the Hawaii Community Development Authority, the state agency governing development in Kakaako, after a Saturday hearing that attracted nearly seven hours of public testimony.
Rep. Scott Saiki (D, Downtown-Kakaako-McCully) introduced the package of bills to address strong criticism of the HCDA largely from Kakaako residents opposed to approvals earlier this year of two condominium towers next to existing towers.
HCDA, which the Legislature created in 1976 to transform Kakaako from a decaying industrial area to a dense urban community with unique development rules, has defended its procedures and decisions being criticized by segments of a growing population that it helped create.
The most drastic of the HCDA reform bills would have killed the agency, but that was deferred. The bill, House Bill 1864, received the most written comments among the seven bills — 291 pages representing a heavy split for and against getting rid of HCDA.
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WHAT’S IN STORE
Key elements of bills limiting Kakaako development and the Hawaii Community Development Authority that were advanced by a House committee Tuesday:
>> HB 1867: Towers must be separated by 300 feet, no tower higher than 400 feet.
>> HB 1866: Limit governor’s power to appoint HCDA?board members.
>> HB 1865: Require a management and financial audit of HCDA.
>> HB 1863: Allow citizens to sue HCDA.
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"Of all the bills in the anti HCDA package, this is my favorite," Lynne Matusow wrote. "Please make this bill law."
Stuart Coleman of the Surfrider Foundation called HCDA a "shadowy government agency" with no oversight and a reckless desire to develop Kakaako.
Michael Korman, a condo owner in the Imperial Plaza tower next to a pair of towers recently approved by HCDA, said he favors community redevelopment but not overbuilding fostered by HCDA.
"Currently planned housing projects will negatively influence the quality of the air, the open space, and the quiet atmosphere that led current residents to select this neighborhood as home," he said in written testimony. "There is a growing wall of concrete in Kakaako and new buildings should have stricter limits on height and density."
HCDA supporters — including developers, construction industry representatives and buyers in planned new towers — urged lawmakers to scuttle the bill to kill the agency.
"There’s lots of development planned for Kakaako, and that’s the way it should be; build where there’s already development and leave the rest of the island open for everyone to enjoy," wrote Lily Miyashiro, a real estate agent whose testimony was a copy of many others.
House Bill 1865, which would prohibit HCDA from approving any project in the next year, was amended to instead initiate a management and financial audit.
A bill that would have eliminated HCDA’s budget and amended development rules, House Bill 1863, was scrubbed of everything except a provision allowing anyone to file a lawsuit if they believe the agency hasn’t conformed to its statutory requirements.
One bill that passed would reduce the governor’s role in appointing HCDA board members. This bill, House Bill 1866, would let the governor designate two of the agency’s nine directors and pick the rest from lists submitted by other state officials. Currently, the governor designates six and chooses three from a list submitted by county officials.
HB 1866 also was amended to require workforce housing condos be sold only to buyers meeting income limits. Currently the rules give such buyers a priority for only a limited time. The bill also would impose restrictions on income-qualified buyers reselling workforce housing units within 10 years.
The last bill in the package passed was House Bill 1867, which would make HCDA’s current 400-foot height limit for towers a law that can’t be changed by the agency’s board. HCDA staff has discussed raising the limit to 650 feet under a plan advocated by Gov. Neil Abercrombie.
Another provision in the bill would require 300 feet of separation between any buildings more than 100 feet tall. HCDA rules allow towers as close as 80 feet in the Ewa-Diamond Head direction and 300 feet in the mauka-makai direction only if they overlap.
Anthony Ching, HCDA executive director, said a 300-foot separation in any direction would reward and protect current landowners and that such a limit could preclude high-rise development on whole blocks.
HB 1867 also requires comprehensive infrastructure capacity studies, increases the amount of information HCDA posts on its website and requires written explanations for decisions.
Rep. Derek Kawakami (D, Hanalei-Princeville-Kapaa) suggested that 300-foot tower separations in Kakaako are inconsistent with urban smart-growth principles.
Water and Land Committee Chairwoman Rep. Cindy Evans (D, Kaupulehu-Waimea-Halaula) said she thought the distance had merit because of concerns about a wind-tunnel effect.
Rep. Calvin Say (D, Palolo-St. Louis Heights-Kaimuki) said he agreed with Kawakami about smart growth and said HCDA has done an excellent job since he was first elected to the Legislature in 1976.
"I am totally in support of what the authority is trying to do," he said.
Say cast the only no vote on HB 1867, though several others voted yes with reservations as they did on other bills passed.
The whittled-down package of HCDA-related bills now heads to the House Finance Committee. No hearing has been scheduled yet. If the bills pass that committee, they would cross over to the Senate.
