THE SENATE

S.C.R. NO.

216

THIRTY-FIRST LEGISLATURE, 2021

 

STATE OF HAWAII

 

 

 

 

 

SENATE CONCURRENT

RESOLUTION

 

 

Requesting the governor to convene a task force to discuss future development plans in kakaako makai including exploring THE FEASIBILITY OF A land exchange of certain parcels owned by the Office of Hawaiian Affairs in the makai area of the kakaako development district.

 

 


WHEREAS, pursuant to section 2 of Act 15, Session Laws of Hawaii 2012 (Act 15), the fee simple interest in nine parcels of land owned by the State was conveyed to the Office of Hawaiian Affairs (OHA), effective as of July 1, 2012, subject to the terms and conditions contained in Act 15 and the instruments conveying title to those parcels; and

 

WHEREAS, the nine parcels, commonly referred to as "Kakaako Makai," are more fully described as follows:

 

(1) TMK No. (1) 2-1-015:051;

 

(2) TMK No. (1) 2-1-015:061;

 

(3) TMK No. (1) 2-1-058:006;

 

(4) TMK No. (1) 2-1-058:048;

 

(5) TMK No. (1) 2-1-058:129;

 

(6) TMK No. (1) 2-1-058:130;

 

(7) TMK No. (1) 2-1-060:026;

 

(8) TMK No. (1) 2-1-060:027; and

 

(9) TMK No. (1) 2-1-060:028; and

 

WHEREAS, in 2005, seven years prior to Kakaako Makai being transferred to OHA in 2012, the Hawaii Community Development Authority (HCDA) issued a request for a proposal to develop a mixed-use residential project in Kakaako Makai but, subsequent to the selection of a developer for the project, concerned community members strongly opposed the development and the HCDA eventually canceled the project; and

 

WHEREAS, in 2006, the Legislature, after considering strong public opposition to the development of Kakaako Makai, enacted section 206E-31.5, Hawaii Revised Statutes, which prohibits the HCDA from approving "any plan or proposal for any residential development in that portion of Kakaako community development district makai of Ala Moana boulevard and between Kewalo Basin and the foreign trade zone," an area that comprises the entirety of Kakaako Makai; and

 

WHEREAS, in 2006 the Legislature also directed the HCDA to convene an advisory working group (AWG) to create a Kakaako Makai master plan; and

 

WHEREAS, the broad-based community advisory group included representatives from OHA and over 200 other organizations and individuals; and

 

WHEREAS, the AWG became the Kakaako Makai Community Planning Advisory Council and worked together for five years and in 2011 presented the Kakaako Makai Conceptual Master Plan (Master Plan) to the HCDA which unanimously approved the plan; and

 

WHEREAS, the Master Plan included projects such as a museum for Hawaiian music and dance, a Hawaiian cultural center, and a performing arts center; and

 

WHEREAS, the Master Plan also included the following fourteen guiding principles for development of Kakaako Makai:

 

(1) Establish Kakaako Makai as a gathering place where community and culture converge in response to the natural scenic beauty of the green shoreline open space;

 

(2) Base the framework for planning, decision-making, and implementation of the Kakaako Makai master plan on native Hawaiian values and traditional customary rights and practices protected by the State;

 

(3) Protect, preserve, and perpetuate Kakaako Makai's open view planes from the mountains to the sea as an inherent value of the Hawaiian ahupuaa and an important public asset for residents, visitors, and future generations;

 

(4) Preserve, restore, and maintain Kakaako Makai's valuable coastal and marine resources for present and future generations;

 

(5) Ensure expansion of Kakaako Makai's shoreline parks as significant landscaped open spaces joining the lei of green parks extending from Diamond Head (Leahi) to Aloha Tower;

 

(6) Provide open and full public access to recreational, cultural, and educational activities within and around Kakaako Makai's parks and ocean shoreline;

 

(7) Ensure that Kakaako Makai is a safe and secure place for residents and visitors;

 

(8) Recognize and respect the effort and intent of the Hawaii State Legislature to uphold the greater public interest by ensuring and sustaining public uses on Kakaako Makai state public lands for the greater public good;

 

(9) Ensure that the Kewalo Basin Harbor's identity is retained with continued small commercial fishing and excursion boat uses, keiki fishing, marine conservation, research and education, and accessible open space expanding the lei of green between Ala Moana Park and Kakaako Waterfront Park;

 

(10) Offer public enrichment opportunities through both fixed and flexible cultural facilities that celebrate the diverse cultures of Hawaii and blend compatibility with the shoreline open space;

 

(11) Apportion a limited number of small local businesses to assist in cooperatively sustaining Kakaako Makai's public use facilities;

 

(12) Ensure that Kakaako Makai's public use facilities are compatible in placement, architectural form, and functional design within the landscape of the shoreline gathering place;

 

(13) The Kakaako Makai Community Planning Advisory Council places the public interest first and foremost, and will strive to uphold the greater good of the community in partnership with the HCDA as the public oversight agency; and

 

(14) Assure and assist viable and sustainable operation of public uses facilities on State public land in Kakaako Makai through public/private partnerships and 501(c)(3) non-profit management similar to successful park conservancies and their stewardship programs; and

 

WHEREAS, in 2012, Act 15 conveyed title to Kakaako Makai to OHA and provided that Kakaako Makai shall remain, even after conveyance to OHA, under the jurisdiction and authority of the HCDA and therefore subject to the fourteen guiding principles; and

 

WHEREAS, OHA has since come before the Legislature seeking assistance for its proposal to develop residential high rise buildings on its Kakaako Makai land for its highest and best use to generate revenues to develop more programs, services, and resources for the benefit of native Hawaiians; and

 

WHEREAS, although the highest and best use of Kakaako Makai would include development of residential units, section 206E-31.5, Hawaii Revised Statutes, specifically prohibits residential development in Kakaako Makai; and

 

WHEREAS, the development of land could result in generating revenue that would enable OHA to develop more programs, services, and resources for native Hawaiians; and

 

WHEREAS, OHA should have the opportunity to develop unencumbered land for its highest and best use to generate additional revenues for the benefit of native Hawaiians; and

 

WHEREAS, there exists public land of comparable value to all or some portion of Kakaako Makai that is not encumbered with statutory restrictions on development; and

 

WHEREAS, the Hawaii Community Development Authority is the body corporate and public instrumentality of the State to administer future planning of the Kakaako Community Development District which includes Kakaako Makai; now, therefore,

 

BE IT RESOLVED by the Senate of the Thirty-first Legislature of the State of Hawaii, Regular Session of 2021, the House of Representatives concurring, that the Governor is requested to convene a task force to discuss future development plans in Kakaako Makai, including identifying public lands of comparable value, suitable to the Office of Hawaiian Affairs, for a possible land exchange for some or all of the nine parcels that comprise Kakaako Makai; and

 

BE IT FURTHER RESOLVED that the task force review the Kakaako Makai Conceptual Master Plan, including its vision, guiding principles, and recommendations, as well as the proposals of Senate Bill No. 1334, Regular Session of 2021, and strive to propose plans to develop Kakaako Makai in a way that would satisfy interested parties for the best interest of the public; and

 

BE IT FURTHER RESOLVED that the task force is requested to include the following members, or their designee:

 

(1) The Executive Director of the Hawaii Community Development Authority, who should serve as chair of the task force;

 

(2) The Chief Executive Officer of the Office of Hawaiian Affairs;

 

(3) The Chairperson of the Board of Land and Natural Resources;

 

(4) One member of the Hawaii State Senate;

 

(5) One member of the Hawaii State House of Representatives; and

 

(6) A representative of the Kakaako Makai Community Planning Advisory Council; and

 

BE IT FURTHER RESOLVED that the task force may invite additional experts or organizations to participate, including any state agency that owns public lands; and

 

BE IT FURTHER RESOLVED that the task force is requested to submit a report of its findings and recommendations, including any proposed legislation, to the Legislature no later than twenty days prior to the convening of the Regular Session of 2022; and

 

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Governor, Executive Director of the Hawaii Community Development Authority, Chairperson of the Board of Land and Natural Resources, and Chief Executive Officer of the Office of Hawaiian Affairs.

 

 

 

 

OFFERED BY:

_____________________________

 

 

Report Title:

OHA; HCDA; Kakaako Makai; Act 15