Report Title:

Kakaako Community Development District; Diamond Head Boundary


Extends the Diamond Head boundary of the Kakaako community development district to include the area bounded by King Street, Kalakaua Avenue, and Ala Moana Boulevard, inclusive.


H.B. NO.









relating to the Kakaako Community Development District.



SECTION 1. The legislature finds that, in the heavily congested (urban Honolulu) traffic corridor between Ward Avenue and University Avenue, the impacts of retail developments whose size exceeds three hundred thousand square feet in total floor area will be severe and substantial. Impacts from wastewater and solid waste production, air quality degradation, and noise from traffic concentration and increased electrical power demands are among the other impacts that, combined with the traffic impacts of a retail development of this magnitude, require the establishment of a twelve-month moratorium--retroactive to January 1, 2003--to address the current inadequacy of existing public infrastructure systems to handle the proposed development.

The proposed development that is the subject of this moratorium may cause irreparable harm to the public health, safety, and welfare of area residents. Once built, the development could become a permanent eyesore that is--quite literally--"too big to quit". The end result may be the displacement of area residents and forced acquiescence to the development's adverse environmental impacts.

The approach embodied in this Act is a logical and reasonable extension of state land use laws and county zoning ordinances--the legality of which have been upheld by the Hawaii supreme court and the United States Supreme Court. This Act does not permanently prohibit the developer from using these lands. Rather, it causes the developer to take a contemplative pause before embarking on what amounts to a "one way trip" for area residents.

The legislature finds that the State has an obligation to review all applicable state laws and county ordinances that may affect this development before the first spade of dirt is turned. The harm that could result from the development's implementation may irreparably affect the public health, safety, and welfare of area residents.

SECTION 2. Section 206E-32, Hawaii Revised Statutes, is amended to read as follows:

"206E-32 District; established, boundaries. The Kakaako community development district is established. The district shall include that area bounded by King Street; [Piikoi Street] Kalakaua Avenue from its intersection with King Street to Ala Moana Boulevard; Ala Moana Boulevard, inclusive, from its intersection with Kalakaua Avenue to Piikoi Street; Piikoi Street, inclusive, to [its intersection with] the Ewa boundary of Ala Moana Park also identified as the Ewa boundary of tax map key 2-3-37:01; the Ewa boundary of tax map key 2-3-37:01 from its intersection with Ala Moana Boulevard to the shoreline; the shoreline from its intersection with the property line representing the Ewa boundary of property identified by tax map key 2-3-37:01 to the property line between Pier 2 and Pier 4; the property line between Pier 2 and Pier 4 from its intersection with the shoreline to Ala Moana Boulevard; Ala Moana Boulevard from its intersection with the property line between lands identified by Pier 2 and Pier 4 to Punchbowl Street; and Punchbowl Street to its intersection with King Street.

The district shall also include that parcel of land identified by tax map key 2-1-14:16, situated mauka of Pier 6 and Pier 7 and makai of Nimitz Highway, being the site for the existing Hawaiian Electric power plant and related facilities."

SECTION 3. Consistent with the legislative intent and purpose of chapter 206E, Hawaii Revised Statutes, to promote the development of a district with a compatible mix of land uses located and designed to provide primary reliance on public transportation and pedestrian facilities for internal circulation within the district, the legislature finds it necessary to place a moratorium on the issuance by the city and county of Honolulu of certain building and construction permits until the Hawaii community development authority amends and the legislature enacts appropriate development controls for the area to be added to the district as provided in section 1.

For all parcels that are zoned BMX-3, community business mixed use district, pursuant to the land use ordinance of the city and county of Honolulu, no building, grading, or other construction permit shall be issued for any "retail establishment", "wholesaling and distribution establishment", or "warehousing", as those terms are defined in the land use ordinance, when the proposed uses exceed one hundred thousand square feet in floor area, as "floor area" is defined in the land use ordinance. This moratorium shall apply retroactively to January 20, 2003.

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

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