HAR 19-170 — RULES OF PRACTICE AND PROCEDURE (Subchapter 1 to 9)

In order to achieve its statutory purposes, the development corporation shall be guided by the following development objectives in formulating a development plan for the Aloha Tower complex and in selecting any proposal submitted by any qualified person for the development of all…

Notes Haw. Code R. §§ 19-170-39 and 19-170-40

(a) The office of the development corporation is in Honolulu, Hawaii. All communications to the development corporation shall be addressed to the department of transportation, unless otherwise directed by the development corporation. (b) The office of the development corporation …

Except to the extent it may be limited by the terms of any joint venture agreement with a public agency, the development corporation has sole authority to select any qualified person to be a developer-lessee. Notes Haw. Code R. § 19-170-41 [Eff MAY 5 2013] (Auth: HRS § 206J-5) (I…

The development corporation, by itself or in conjunction with any public sector joint venturer, may select qualified persons to develop a development area pursuant to a process of direct negotiation, a request for proposals, a competitive bidding process, or a combination of any …

Either before or after selection of a qualified person to develop a development area and prior to any actual construction or alteration of the Aloha Tower complex or related areas, the development corporation, by itself or in conjunction with any public sector joint venturer, sha…

Should the development corporation and any joint venturer determine to select a developer for a project through a request for proposals, the process shall encompass a publicly advertised request for proposals, an evaluation of submitted proposals, selection of a qualified person …

Any interested person wishing to respond to a request for proposals shall submit 20 copies of the following information and material as part of its proposal: (1) Qualifications of developer-lessee (A) Identification of the type of any legal entity with whom the development corpor…

In selecting qualified persons to be the developer-lessee of all or any part of the Aloha Tower complex, the development corporation, through its board, shall be guided by the following criteria: (1) Qualifications of developer-lessee: (A) Developer experience: (i) Major urban pr…

Should the development corporation and any joint venturer determine to select a developer-lessee by direct negotiation, the board shall prepare or cause to be prepared a development plan for the Aloha Tower complex which incorporates the needs of the department of transportation …

(a) Should the development corporation and any joint venturer determine to select a developer-lessee by competitive bidding, the board and any joint venturer shall prepare or cause to be prepared a development plan for the Aloha Tower complex which incorporates the needs of the d…

Notes Haw. Code R. §§ 19-170-49 to 19-170-50

(a) An executive officer shall be appointed by the board. The executive officer shall be directly responsible to the board, and shall have control over and responsibility for the execution of the board's policies, the administration of its affairs, and the supervision of its staf…

(a) The legislature of the State of Hawaii, by chapter 206J, HRS, established the Aloha Tower complex area. In so doing, the legislature found the following respecting the Aloha Tower complex: (1) The area in downtown Honolulu on the waterfront, including the Hale Awa Ku Moku Bui…

The development guidelines governing the corporation's actions in the Aloha Tower complex area have been set forth in subchapter 4 of the corporation's rules of practice and procedure and the findings and recommendations of the Honolulu waterfront master plan. Notes Haw. Code R. …

These rules shall be known and may be cited as the Aloha Tower complex rules for the Aloha Tower project area. Notes Haw. Code R. § 19-170-53 [Eff MAY 5 2013) (Auth: HRS §§ 206J-7) (Imp: HRS § 206J-7)

The Aloha Tower project area plan, is hereby incorporated by reference and made a part of this chapter. Notes Haw. Code R. § 19-170-54 [Eff MAY 5 2013] (Auth: HRS § 206J-7) (Imp: HRS § 206J-5)

Except as otherwise stated in this chapter, all of the definitions contained in the land use ordinance of the city and county of Honolulu are by reference incorporated herein and made a part hereof. As used in this chapter, the following words and terms shall have the following m…

The following rules of construction apply to the text of this chapter. (1) The particular shall control the general. (2) In case of any difference of meaning or implication between the text of this chapter and any caption, illustration, map, summary table, or illustrative table, …

(a) The Aloha Tower complex area was established by the legislature in 1981. As originally delineated, the complex included primarily that area makai of Nimitz Highway between piers 8 and 11. Subsequent legislatures have amended the boundaries to include piers 5 through 11. (b) T…

(a) In harmony with the purpose and intent of chapter 206J, HRS, these rules are established by the Aloha Tower development corporation for the project area controlling, regulating, and determining the height of buildings; minimum setbacks; required open spaces; the density of bu…

(a) The executive officer may require, at his discretion, prior to receipt of any application for a development permit, a project eligibility review of the development project to consider the project concept and its impact on infrastructure facilities such as streets, pedestrian …

The term "public records" shall have the same meaning as is defined in chapter 92, HRS, and shall include maps, rules, written statements of policy or interpretation formulated, adopted, or used by the board in its functions, all decision, orders, minutes of board meetings, and r…

(a) A building permit shall not be issued for any development within the Aloha Tower project area until the developer has obtained from the corporation a development permit certifying that the development complies with this chapter and the development plan. (b) An application to …

The corporation, through its executive officer, shall administer the provisions of this chapter. Notes Haw. Code R. § 19-170-61 [Eff MAY 5 2013] (Auth: HRS § 206J-7) (Imp: HRS §§ 206J-4, 206J-7)

(a) The corporation shall hear and determine appeals from the actions of the executive officer in the administration of this chapter. An appeal shall be sustained only if the corporation finds that the executive officer's action was based on an erroneous finding of a material fac…

(a) The corporation shall hear and determine petitions for varying the application of this chapter with respect to a specific parcel of land and building, and may grant a variance based on unnecessary hardship if the record shows that: (1) The applicant would be deprived of the r…

(a) Except as otherwise provided, nonconforming uses of land and structures, and nonconforming lots, structures, parking and loading within the project area may be continued subject to the provisions hereinafter specified. (b) Nonconforming use of land shall not: (1) Be enlarged,…

(a) All fees required pursuant to the provisions of this chapter shall be paid upon application. Application fees are not refundable. If a joint hearing is held for more than one permit requiring a public hearing for a single development project, only one public hearing fee shall…

The corporation may maintain an action for an injunction to restrain any violation of this chapter or the development plan, and may take any other lawful action to prevent or remedy any violation. Notes Haw. Code R. § 19-170-66 [Eff MAY 5 2013] (Auth: HRS §§ 206J-5, 206J-7, 206J-…

This chapter may be amended pursuant to chapter 91, HRS, as may be necessary. Notes Haw. Code R. § 19-170-67 [Eff MAY 5 2013] (Auth: HRS § 206J-7) (Imp: HRS §§ 206J-7)

(a) If a court of competent jurisdiction finds any provision or provisions of this chapter to be invalid or ineffective in whole or in part, the effect of that decision shall be limited to those provisions which are expressly stated in the decision to be invalid or ineffective, a…

Within the project area, there are hereby established the following land use zones: (1) Maritime/Office/Commercial zone (M/O/C) zone; (2) Commercial/Residential (C/R) zone; (3) Hotel/Office/Commercial/Residential (H/O/C/R) zone; and (4) Park (P) zone. The boundaries for each zone…

(a) The board may meet and exercise its powers in any part of the State of Hawaii. Except as provided in sections 92-4 and 92-5, HRS, all of the board meetings are open to the public. The parliamentary procedure to be utilized by the board in the conduct of its meetings shall be …

The maritime/office/commercial zone (M/O/C) established by this chapter is designed to promote and protect the public health, safety, and general welfare. These general goals include, among others, the following specific purposes: (1) To meet the needs of the state's maritime ind…

Within the maritime/office/commercial zone (M/O/C), the following uses and structures shall be permitted: (1) Maritime uses: (A) Piers, wharves and docks; (B) Terminals for passengers arriving or departing by ship, ferry, day/dinner cruise boat or water taxi; (C) Transient berthi…

Within the maritime/office/commercial zone (M/O/C), the following development requirements shall apply: (1) Floor areas: (A) Maritime terminal facilities: A maximum 155,000 gross square feet (less the square footage comprising the multipurpose venue), or such lesser area as the D…

The commercial/residential zone (C/R) established by this chapter is designed to promote and protect the public health, safety, and general welfare. These general goals include, among others, the following specific purposes: (1) To promote an environment where retail, commercial …

Within the commercial/residential zone (C/R), the following uses and structures shall be permitted: (1) Commercial uses: (A) Food markets, stores, delicatessens, and bakeries; (B) Drug stores; (C) Liquor stores; (D) General merchandise and variety stores; (E) Apparel and accessor…

Within the commercial/residential zone (C/R), the following development requirements shall apply. (1) Floor areas: (A) Retail uses: A maximum of 3 00,000 gross square feet located on the lower three floors of a commercial "marketplace" structure; (B) Office uses: A maximum of 16 …

The hotel/office/commercial/residential zone (H/O/C/R) established by this chapter is designed to promote and protect the public health, safety, and general welfare. These general goals include, among others, the following specific purposes: (1) To provide overnight accommodation…

Within the hotel/office/commercial/residential zone (H/O/C/R), the following uses and structures shall be permitted: (1) Maritime uses: (A) Piers, wharves and docks; (B) Terminals for passengers arriving or departing by ship, ferry, day/dinner cruise boat or water taxi; (C) Trans…

Within the hotel/office/commercial/residential zone (H/O/C/R), the following development requirements shall apply. (1) Floor areas/units: (A) Maritime terminal facilities: Maritime terminal facilities as the Department of Transportation, State of Hawaii, shall require; (B) Hotel …

The park zone (P) established by this chapter is designed to promote and protect the public health, safety and general welfare. These goals include, among others, the following specific purposes: (1) To provide much needed improved public open space for passive recreational activ…

(a) The board may hold an executive meeting from which the public may be excluded pursuant to section 92-4, HRS. (b) The board shall not finally act upon any ruling, rule, contract, appointment, or decision in an executive meeting, except as provided in section 92-5(a)(1) to (6),…

Within park zone (P), the following uses and structures shall be permitted: (1) Public uses; (A) Parks, plazas, promenades and other public open spaces; (B) Historic structures, museums and interpretive displays; (C) Pavilions, bandstands, gazebos and other open-air structures fo…

Within the park zone (P), the following development requirements shall apply: (1) Parking: A portion of the 593 total existing parking spaces (including 105 reserved for state office users) for the existing structures located on Piers 5 through 11 in the Aloha Tower project area …

Notes Haw. Code R. §§ 19-170-82 to 19-170-109

The board may hold an emergency meeting that complies with the notice requirement of section 92-7, HRS, under conditions specified in section 92-8, HRS. Notes Haw. Code R. § 19-170-9 [Eff HAY 5 2013] (Auth: §§ 91-2, 206J-5) (Imp: HRS § 92-8)