Presentation by Jesse K. Souki, Esq. of Imanaka-Asato LLLC on how to leverage the Honolulu Rail Transit Project for economic growth and building better communities. Date: July 24, 2015 Place: Plaza Club 900 Fort Street Mall 20th Floor Check-in/Networking: 11:45am-12:15pm Lunch & Program: 12:15pm-1:30pm

1. Presentation to
CCIM HawaiiChapter
Jesse K. Souki, Esq. – ImanakaAsato LLLC
July 24, 2015
Plaza Club

2.  Key Land Use Laws
 TOD Definitions
 TOD Examples
 CityTOD Planning
 StateTOD Planning
 Resources
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3. Hawaii State PlanningAct, State Land Use Law,Coastal Zone Management
Act, PublicTrust Doctrine,Agriculture Policies

4. Hawaii State Planning
Act
 Purpose
 Meet the physical, economic, and
social needs of Hawaii's people
 Provide for the wise use of Hawaii's
resources
 Conserve resources which are required
for future generations
 Implementation Mechanisms
 County Plans
 State Plans
 Agency Decision Making
Hawaii Revised Statutes
Chapter 226 (1978)

5. State Land Use Law
 Purpose
 “preserve, protect and encourage
the development of the lands in the
State for those uses to which they
are best suited for the public
welfare[.]” See L. 1961, c 187, § 1.
 Implementation Mechanisms
 5-Year Boundary Review
 District Boundary Amendments
 ImportantAgricultural Lands
Designation
 State Special Use Permits
Hawaii Revised Statutes
Chapter 205
U
5%
C
48%
A
47%
R
0%

6. Coastal Zone
ManagementAct
 Purpose
 “provide for the effective
management, beneficial use,
protection, and development of the
coastal zone.” See L. 1977, c 188, § 1.
 Implementing Mechanisms
 Special Management Area Permits
 Federal Consistency
 Comprehensive Planning and
Coordination
Hawaii Revised Statutes
Chapter 205A

7. PublicTrust Doctrine
 Purpose
 Conserve and protect Hawaii's natural
beauty and all natural resources
 Promote the development and utilization
of these resources in a manner consistent
with their conservation and in furtherance
of the self-sufficiency of the State
 For the benefit of present and future
generations
 Implementing Mechanisms
 Use is “reasonable and beneficial”
 “Implement reasonable measures to
mitigate the cumulative impact”
Hawaii Constitution,Article XI,
Section 1

8. ImportantAgricultural
Lands
 Purpose
 Conserve and protect agricultural
lands
 Promote diversified agriculture
 Increase agricultural self-sufficiency
 Assure the availability of
agriculturally suitable lands
 Implementing Mechanisms
 The legislature shall provide
standards and criteria to accomplish
the foregoing
 HRS Ch. 205
Hawaii Constitution,Article XI,
Section 3

9. Transit-Oriented Development
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10. Definition
 Compact, mixed-use
development
 Close to and well-served by
transit
 Conducive to transit riding—
ridership
 Multi-modal
 Walkable
Transit-oriented development
(TOD) is compact, mixed-use
development near transit facilities
and high-quality walking
environments.The typicalTOD
leverages transit infrastructure to
promote economic development
and smart growth, and to cater to
shifting market demands and
lifestyle preferences. TOD is
about creating sustainable
communities where people of all
ages and incomes have
transportation and housing
choices, increasing location
efficiency where people can walk,
bike and take transit. In addition,
TOD boosts transit ridership and
reduce automobile congestion,
providing value for both the
public and private sectors, while
creating a sense of community
and place.
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11.  Location efficiency
 Rich mix of residential and commercial
choices
 Value capture
 Place making
 Resolution of the tension between node and
place
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12.  Comprehensive plans that utilize a combination of
zoning, public improvements, development financing
packages, and effective marketing programs
 Planning directly responds to the needs of the
surrounding community
 Pedestrian-Friendly Infrastructure
 Parking Management and Shared Parking
 Zoning that includes overlay districts, use controls,
building standards and requirements for pedestrian
amenities
 Expedited Development Review
 Successful Demonstration Projects
 Public Assistance
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13. Economic
development
• Increases
productivity and
saves time
• Encourages
concentration of
business activity
• Increases
economic
competitiveness
and promotes a
green economy
• Increases
property values
and
development
potential
Fiscal benefits
• Savings on cost
to build and
maintain
highways and
roads
• Generates
stronger tax
revenues
Household
benefits
• Savings from
reduced cost of
driving
• Improved access
to jobs, schools
and other
destinations
• Promotes health
Environmental
benefits
• Reduces
greenhouse gas
emissions
• Preserves
agricultural land
and assists with
food security
• Promotes
energy
independence
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14. LOCATION MATTERS, BECAUSE TRANSPORTATION
IS A SIGNIFICANT HOUSEHOLD EXPENSE
14
Honolulu public transportation users save
$12,710 annually | $1,059 per month
(American PublicTransportation Association, 2015)

15.  Increased access to workers
and customers
 Work force retention and
attraction
 Greater worker productivity
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Downtown Honolulu
(City and County of Honolulu, Dyett & Bhatia)

16.  Increased property
values
 Enhanced
development potential
 Studies show:
o Properties located near
transit experience a price
premium of 2 to 20%
o Homes in “walkable”
neighborhoods have higher
values. A one point
improvement in “Walk
Score” = $700 - $3,000
increase in home values
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17.  Increased local spending and tax revenues
 Cost savings for roads, highways, and other
infrastructure
 Savings from reduced health costs
 Enhanced economic competitiveness
 Stimulates the construction of more
residential housing units
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18. D.C., Hong Kong, SoundTransit
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19. Washington
Metropolitan AreaTransit
Authority (WMATA)
This is a map of theWMATA rail
system.
Among other features, WMATA
links the airport andAMTRAK
interstate rail to local
commuting infrastructure.
Each station is a destination,
with differing amounts of
residential, business,
commercial, and recreational
opportunities within walking
distance from the stations and
major universities.
Expansion will include Dulles
International Airport and other
residential/commercial
communities primarily
accessible by automobile.
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20. Hong Kong Metro
This is a map of the Hong Kong
rail system.
Among other features, it links
the airport and ferries to local
commuting infrastructure.
Each station is a destination,
with differing amounts of
residential, business,
commercial, and recreational
opportunities within walking
distance from the stations.
Tourists who visit Hong Kong
are seldom required to use a
taxi or bus to visit key tourist
sites, shopping, and food
destinations.
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21. SoundTransit
21

22. 22

23. Source: The General Plan (1992 edition, amended in 2002).

24. "Taken in the mass, the
automobile is a noxious
mechanism whose
destiny in workaday
urban use is to frustrate
man and make dead
certain that he
approaches his daily
occupation unhappy and
inefficient.“ – Mayor
Blaisdell, 1966.
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25.  City Council approves zone changes and new
special districts
 City’s Department of Planning and Permitting
is the land use permitting agency
 Current zoning tends to not maximize full
development potential of the station areas
 Development standards tend to favor auto
use and auto-oriented development
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26.  NeighborhoodTOD Plan
 May include one or more stations
 TOD development regulations foster and
encourageTOD and redevelopment of each
TOD zone
 After January 2012, Council may establish
TOD zones andTOD development
regulations withoutTOD Plans
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27.  Minimum Considerations
 Overall economic revitalization, neighborhood character, and
unique community historic architecture
 Architectural and community design principles, open space
requirements, parking standards, and other modifications to
existing zoning requirements
 Affordable housing opportunities
 Gentrification issues
 Financing opportunities that should be pursued
 Population, economic, market and infrastructure analysis
 Community Involvement
 Consistent with the applicable regional development plan,
special area plan, or community master plan
 Approved by Council resolution
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28.  Mix of land uses and affordable housing
 Density and building height limits
 Elimination or reduction of the number of required off-street
parking spaces
 Design provisions that encourage use of transit and other non-
auto forms of transport
 Building/parking/bicycle parking guidelines
 Identify/protect/enhance important historic, scenic, and cultural
landmarks
 Human-scale architectural elements
 Landscaping requirements that enhance the pedestrian
experience, support station identity, and complement adjacent
structures
 Incentives and accompanying procedures to encourageTOD
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29.  Council approves NeighborhoodTOD Plan
 DPP submitsTOD Zones and Development
Regs ordinance to planning commission
 PlanningCommission reviews and makes
recommendations to Council
 Council adoptsTOD special district ordinance
 Development plans may need to be amended
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30.  Building Permits for
<10 units
 Rentals: 15% of the
units at up to 80% of
AMI
 For-Sale: 30% of the
units at up to 120% of
AMI
 Minimum required
period of affordability
30 to 60 years
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31.  Who can Apply
 ½ mile from planned station
 <20,000 sq. ft. (may use
multiple lots)
 Urban district
 Specific zoning districts
 Community Benefits
 Mixed uses and employment
opportunities
 Biking, transit, and walking
connectivity
 Accessible public
accommodations, gathering
spaces, pedestrian ways,
bicycle facilities, and parks
 Affordable housing
 City May Grant
 2x the maximum FAR up
to 7.5, whichever is lower
 Up to 2x what zoning
allows for maximum
building height or 450
feet, whichever is lower
 Open space may be
transferred to another
accessible site near the
project
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32. East Kapolei,Waipahu,Aiea-Pearl City, HalawaArea,Airport Area, Kalihi,
Downtown, Blaisdell Center Mater Plan,Ala Moana
32

33. EAST KAPOLEI
33
 Stations
 Ho'opili
 University of Hawai'i atWest Oahu
 East Kapolei
 Status
 DPP submitting the Plan to the
Planning Commission and City
Council

34. WAIPAHU
34
 Stations
 Farrington Highway/Leoku Street
 Farrington Highway/Mokuola
Street
 Status
 Adopted by Council, 2014
 DPP draftTOD zoning being
considered by Council

35. AIEA - PEARL CITY
35
 Stations
 Leeward Community College
 Pearl Highlands
 Pearlridge
 Status
 Adopted by Council, 2014
 DPP will prepare draftTOD zoning

36. HALAWA
36
 Stations
 Aloha Stadium
 Status
 Workshops held
 Aloha Stadium Authority is
planning as well

37. AIRPORT
37
 Stations
 Pearl Harbor Naval Base (Radford
Drive)
 Honolulu International Airport
 Lagoon Drive
 Status
 Holding workshops

38. KALIHI
38
 Stations
 Middle Street
 Kalihi
 Kapalama
 Status
 Draft Final Plan, 2014
 DPP submitting the Plan to the
Planning Commission and City
Council

39. DOWNTOWN
39
 Stations
 Iwilei
 Chinatown
 Downtown
 Status
 Draft Final Plan, July 2015
 DPP submitting the Plan to the
Planning Commission and City
Council

40. BLAISDELLCENTER
40
 Stations
 Blaisdell Center
 HCDA Jurisdiction
 Status
 Workshop held
 DPP developing master plan for
the complex

41. ALA MOANA
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 Stations
 Ala Moana Shopping Center
(terminus)
 Status
 Public Review Draft released for
comments
 More workshops

42. Office of Planning
42

43. 43

44.  Smart Growth America
 Grant funding awarded by the Rockefeller Foundation
 TOD from the State’s Perspective
 Land owner/ developer
 Service provider
 Employer
 Not duplicate ongoing efforts by the City &
County of Honolulu in the area ofTOD planning
 Recommendation to the Governor
44

45. 45
TOD Elements Smart Growth Principles
Mix land uses to provide easy access to
employment, housing, and amenities.
Mix land uses.
Concentrate population and employment density
near transit.
Take advantage of compact building design.
Incorporate a range of housing and employment
types based on local character and the transit
station area's role within the transit network market
area.
Create a range of housing opportunities and choices.
Create a well-connected, walkable neighborhood. Create walkable neighborhoods.
Create a pleasant pedestrian environment with
easy access to amenities and daily needs.
Foster distinctive, attractive communities with a strong
sense of place.

46. 46
TOD Elements Smart Growth Principles
Concentrate development near transit to avoid
growth of low-density neighborhoods.
Preserve open space, farmland, natural beauty and
critical environmental areas.
Concentrate development near existing transit-
served communities.
Strengthen and direct development towards existing
communalities.
Provide robust regional transit access and a well-
connected local street network comfortable for
pedestrians and cyclists.
Provide a variety of transportation choices.
Plan for and incentivize development near transit
stations.
Make development decisions predictable, fair and cost
effective.
Engage communities to ensure appropriate
character and mix of uses in transit station areas.
Encourage community and stakeholder collaboration
in development decisions.

47.  A significant proportion of state assets are in
public lands
 LeveragingTOD may mean reassessing the
best use of some properties to help the state
provide public services and amenities
 Improved transit access can reduce the need
for on-site parking; this can free up space for
other activities or additional facilities
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48.  Transit can enhance access to government
services, education, and health care
 Encouraging transit use can help the state
meet other goals and objectives
 Affordable Housing Opportunities
 Addressing the Needs of Our Aging Baby
Boomers
48

49.  The state is a major employer that can
benefit from improved access to workers and
increased productivity
 Lowers transportation costs for state workers
 The location of major State employers can
also serve as a catalyst forTOD
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50.  High development costs
 High land costs
 High construction costs
 A lack of infrastructure
 In urban neighborhoods
 In areas planned for growth
 A lack of local examples of “walkable” mixed-
use neighborhoods
50

51. Source: Kakaako Community Transit Oriented Development Draft EIS.

52. Source: Kaka’ako Makai Map (PDF).

53.  Infrastructure
 Let the developers build according to plans
 Educate and interact with the community to
build support
 Public Private Partnerships
 Develop procurement processes that are
transparent, competitive, timely, and
predictable
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54.  Leveraging State Agency Involvement inTransit-Oriented Development to Strengthen Hawaii’s Economy, Final
Report, State Office of Planning, Dec. 12, 2012, at http://www.smartgrowthamerica.org/wp/wp-
content/uploads/HI-State-TOD-Strategies-Final-Report-1.pdf.
 Lesa Rair, Rising Gas Prices MeanTransit Riders Save MoneyWhile Car Drivers EmptyTheir Wallets, American
PublicTransportation Association, Feb. 23, 2012, at
http://www.apta.com/mediacenter/pressreleases/2012/Pages/120223_TransitSavingsReport.aspx.
 Transit-Oriented and Joint Development: Case Studies and Legal Issues,Transit Cooperative Research Program,
Aug. 2011, at http://onlinepubs.trb.org/onlinepubs/tcrp/tcrp_lrd_36.pdf.
 Policy, Planning, & Major Projects StationArea Planning -Transit-Oriented Development Case Studies, City of
Seattle, at http://www.seattle.gov/transportation/ppmp_sap_todstudies.htm.
 Review of Current City and State Ordinances Honolulu High-CapacityTransit Corridor Project, City & County of
Honolulu,Aug. 2011, at http://www.honolulutransit.org/media/80437/20110801-Review-of-Current-City-and-
State-Ordinances-HHCTCP.pdf.
 Request for Proposals - 690 PohukainaTransit-Oriented Development Project, Haw. Community Devel.
Authority, at http://hcdaweb.org/request-for-proposals-690-pohukaina-transit-oriented-development-project.
 Record of Decision on the Honolulu High CapacityTransit Corridor Project in Metropolitan Honolulu, Hawaii by
the FederalTransit Administration, FTA, Jan. 18, 2011, at http://www.honolulutransit.org/media/7351/20110701-
rod-and-transmittal-ltr-signed-dated-01182011.pdf.
 Revised Ordinances of Honolulu 1990 § 21-9.100, available at
http://www1.honolulu.gov/council/ocs/roh/rohchapter21art79.pdf.
 Jesse K. Souki,TOD, TAD,TAJ:Transit Development Alphabet Soup, Haw. Land Use Law & Policy, Oct. 29, 2011 at
http://hilanduse.blogspot.com/2011/10/tod-tad-taj-transit-development.html.
 Jesse K. Souki,Transit Oriented Development and Affordable Housing, Haw. Land Use Law & Policy, Jan. 7, 2009
at http://hilanduse.blogspot.com/2009/01/transit-oriented-development-and.html.
 Capturing theValue ofTransit, Center forTransit Oriented Development (2008).
 HowWalkability Raises HomeValues in U.S. Cities, CEOs for Cities (2009).
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55. Jesse K. Souki, Esq.
Of Counsel, ImanakaAsato LLLC
Facebook:
www.facebook.com/HawaiiLandUseLaw
Twitter: twitter.com/HILandUseLaw
Web Site: www.hilanduselaw.com
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