HomeMy WebLinkAboutUrban Renewal Plan 1965a
CODE NO. C -213
AMENDED
URBAN RENEWAL PLAN
FOR THE
KAIKO'O PROJECT
PROJECT NO. HAWAII R -4
PART I - TEXT
PART II - EXHIBITS (MAPS)
HAWAII REDEVELOPMENT AGENCY
Cody of Hawaii
Hilo, Hawaii
June 25, 1965
A. TABLE OF CONTENTS
This Renewal Plan consists of two parts: PART I - TEXT, and PART II - EXHIBITS
(MAPS).
PART I -TEXT
Section Page
A. TABLE OF CONTENTS--------------------------------------- -- - - -- i
B. DESCRIPTION OF PROJECT----------------- --- -- ------------ - - -- --
1. Boundaries of Urban Renewal Area
2. Project Activities Proposed
3. Execution of the Renewal Plan - Other Public Bodies
C. LAND USE PLAN --------------------------------------------------
1. Land Use Map
2. Land Use Provisions anti Building Requirements
D. PROJECT PROPOSALS--------------------- -- ---------------- - - - - --
1. Land Acquisition
2. Rehabilitation and Conservation
3. Redeveloper's Obligations
E. OTHER PROVISIONS TO MEET STATE AND OTHER,
LOCAL REQUIREMENTS------------------------- ----- - - - - --
F. PROCEDURE FOR CHANGES IN APPROVED
RENEWAL PLAN------------------------------------ - - - - --
PART II - EXHIBITS (MAPS)
II - A
Project Boundary Map
II - B
Land Use Map
II - C
Property Acquisition Map
II - D
Existing Zoning Map
II - E
Proposed Zoning Map
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3
12
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C 213 (1) (B)
C 213 (1) (C)
C 213 (1) (D)
C 213 (2) (A)
C 213 (2) (B)
B. DESCRIPTION OF PROJECT
1, Boundaries of Urban Renewal Area
a. Project Location
The project area is located in the northeast section of the City of Hilo generally
corresponding to the area devastated by the Seismic wave of May 23, 1960,
hereinafter more particularly described.
b. Boundary Description
The project area contains an area of 349 acres, more or less, and includes all
of that certain tract of land in Hilo, County of Hawaii, State of Hawaii, and more
particularly bounded and described as follows:
Beginning at a point which is the extension of the tangent from the intersec-
tion of the northeast right -of -way line of Ocean View Drive and the east right -of-
way line of Coconut Road and the intersection of the shoreline of Hilo Bay and
running clockwise as follows:
1) South along the extension of the east right -of -way line at the beginning of
Coconut Road to a point which is the intersection of this line and the extension
of the south right-of-way line of Ocean View Drive;
2) Thence northeast along the south right -of -way line of Ocean View Drive to
the south right -of -way line of Banyan Drive;
3) Thence along the southerly boundary of Banyan Drive to the north corner of
Lot 2- 1- 06 -29;
4) Thence southwest along the southerly right -of -way of Ocean View Drive to
the north right -of -way line of Ka.mehameha Street;
5) Thence west along the north right -of -way of Kamehameha Street to a point
which is the northerly extension of the west lot line of Lot 2- 2- 32 -10;
6) Thence south along the westerly line of Lots 2- 2 -32 -10 and 60 to the north
right -of -way line of Kuawa Street;
7) Thence west along the north right -of -way line of Kuawa Street to the intersec-
tion of the west right -of -way line with Manono Avenue;
8) Thence south along the West right -of -way line of Manono Avenue to the south
right -of -way line of Kawelolani Street;
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9) Thence west along the south right -of -way Line of Kawelolani Street to the.
northwest corner of Lot 2- 2- 31 -10;
10) Thence south along the west lot line of Lots 2- 2- 31 -10, 11, and 12 to the
south right -of- -way line of Hualani Street;
11) Thence northwest along the southerly lot line of Lot 2- 2 -31 -4 to the inter-
section of Lot 2- 2 -31 -1;
12) Thence along the southerly boundary of Lot 2- 2 -31 -1 and the westerly
boundary of Lot 2- 2 -31 -1 to the northernmost point of Lot 2- 2 -29 -7;
13) Thence along the northerly boundary of Lot 2- 2 -29 -7 to the southeast corner
of Lot 2- 2 -14 -9;
14) Thence west along the south boundary of Lot 2- 2 -14 -9 to the intersection of
the west right -of -way line of Piopio Street;
15) Thence south along a line which is the extension of 'the westerly right -of -way
line of Piopio Street to the intersection of the south right -of -way line of
Kilauea Street;
16) Thence northwest along the south. right -of -way line of Kilauea Street to the
intersection of the west right -of -way line of Ponahawai Street;
17) Thence along the west fright -of -way line of Ponahawai Street to the point at
the intersection of Hilo Bay and the extension of the west right -of -way line
of Ponahawai Street;
18) Thence east along the shoreline of Hilo Bay to the point of beginning.
Said boundaries are delineated and shown on the attached Exhibit II -A, "Boundary
Map" (Map C 213 (1) (b), which is an integral part of this Plan.
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Urban I enewal Project Activities Proposed
The only type of activity proposed for this Urban Renewal Area is disaster clear-
ance and redevelopment. Therefore, the entire project is to be considered a re-
developXnent section as defined in the Federal Housing Act of 1949, as amended,
hence, this Renewal Plan also constitutes the Redevelopment Plan.
The scope of work to be undertaken by the Agency in executing this plan includes
the overall administration of the project and the following:
(1) Acquisition of all real property within the project necessary to carry out
this Plan, except those which may be exempted under Section D -1 of this
Plan.
(2) Assist in the relocation of individuals, families and businesses whose lands
or premises have been acquired by the Agency.
(3) Management of property from the time the Agency takes possession and /or
title thereof until occupants are relocated therefrom and the same are dis-
posed of in accordance with the Plan.
(4) Demolition and removal of buildings and improvements as they are vacated,
except for any improvements that may qualify for continued use or reten-
tion as Limited Commercial, Limited Industrial, or Temporary Non -Con-
forming Uses under Sections C and D of this Plan.
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(5) Designation of project lands for uses appropriate for either "Elevated Areas"
or "Open Areas" as hereinafter defined and the preparation of ptojdct lands
for the re -zoned uses by clearance, grading, filling, and installing of new
streets, utilities and other site improvements necessary to carry out the
objectives of this Plan.
(6) Disposition of all acquired project land by sale or lease to private, public
or quasi - public developers at its fair value for development or redevelop-
ment in the new uses in accordance with this Plan.
Execution of Renewal Plan - r
Other public bodies responsible for carrying out the Plan besides the Agency are
the State of Hawaii, through its Department of Land and Natural Resources and
the County of Hawaii. The responsibilities and functions of each such public
agency shall be incorporated in cooperation agreements to be executed by each
with the Agency and shall generally include the following:
(1) State of Hawaii
The State of Hawaii, through its Department of Land and Natural Resources
will acquire from the Agency at its fair value all lands in open areas
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designated for State park, recreational, agricultural, and other related
uses, and will construct and install necessary improvements and facili-
ties thereon and maintain the same for the uses and purposes designated
therefor by this Plan. Said agencies will commit themselves through
cooperation agreements to subject all of their lands exempted from
acquisition to the terms, covenants, conditions and requirements 'of this
Plan and the Declaration of Restrictions applicable to public uses within
the Project.
(2) County of Hawaii
The County of Hawaii will, through the execution of a cooperation agree-
ment with the Agency: (a) commit itself to the payment or contribution of
the local grants -in. -aid toward the financing of this Project as provided
in any contract for financial assistance with the Federal Government,
(b) subject all of its lands exempted from acquisition to the terms, cove-
nants, conditions and requirements of this Plan and the Declaration of
Restrictions applicable to public uses within the Project, and (c) acquire
from the Agency at its fair value any lands in open areas designated for
county park, recreational and related uses and purposes, construct and
install necessary improvements and facilities thereon, and operate and
maintain the same for the uses and purposes designated therefor by this
Plan.
The County of Hawaii; through its Department of Public Works, Board of
Water Supply, County Planning Commission and the Department of Parks
and Recreation, will further aid and cooperate in the undertaking of this
Project by:
(a) Approving as necessary, the designs and plans for street improve-
ments applicable thereto.
(b) Providing inspection services as necessary for the construction or
installation of site improvements, such as: sewer mains and appur-
tenances, storm drains and appurtenances, water mains and appur-
tenances, street lighting system, traffic control and signal system,
street paving, curbs, gutters and sidewalks.
(c) Rezoning project lands for the uses designated therefor in this Plan.
C. LAND USE PLAN
The general purpose and objective of this Renewal. Plan is to designate lands within
Project Area for such reuse as will minimize the danger of loss of life or damage
)roperty in areas subject to possible inundation and flooding from future seismic
,es. To accomplish such purpose and objective, this Plan provides for the classi-
�tion of the Project Area into two categories, i. e. , "Elevated Areas, " and "Open
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Areas, " and for the designation, of land uses appropriate for each such category as
specified in this Section C of the Plan.
1. Land Use Map
Attached as Exhibit II -B under Part 11 of this Plan is the "Land Use Map" of the
Project Area, showing among other things:
a. Rights -of -way of all major thoroughfares and public streets within the Project
Area, including existing major highways (with Federal aid) and existing major
streets (without Federal aid), and all other public streets whose locations are
fixed, or, if tentative, are subject to minor modification, relocation or elimi-
nation.
b. All other public uses to be established by the Plan in locations which are fixed,
or, which, if tentative, are subject to only minor modifications. All such
public and related uses, existing or to be designated, will be located only in
those areas shown on the Land Use Map for and as "open uses, " except for any
proposed civic center site which shall be located in the; "elevated area. "
c. Land uses, other than public rights -of -way and public uses hereinabove re-
ferred to, to be provided for in the Plan consist of:
(1) Commercial uses, including civic center and hotel uses.
(2) Limited Commercial
(3) Limited Industrial
(4) Open uses, including public, agricultural, off -- street parking and Temporary
Non - Conforming Uses.
2. Land Use Provisions and Building Requirements
The land uses mentioned in Subsection C -1 above and shown on the Land Use Map
will become effective and will be governed by: (a) applicable public regulations
currently in effect or as the same exist or are amended from time to time; and
(b) the requirements, restrictions and controls hereinafter specified in this Sub-
section C -2, as implemented by and set forth in the Declaration of Restrictions
imposed as covenants running with all land within the Project Area to be disposed
of or retained as redevelopment sites.
a. Statement of uses and controls for each land use category.
(1) In Elevated Areas. "Elevated Areas" refer to those particular areas with-
in the Project area as shown on the Land Use Map which now, or subse=-
quently will be improved to, stand at such elevation above sea level so as
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to afford a reasonable degree of protection or safety from damage or dev-
astation caused by a seismic wave of the size and nature as that occorring
on May 23, 1960. Provided, nothing stated herein shall be construed as a
warranty or guaranty by this Plan or by the Hawaii Redevelopment Agency,
through its adoption of this Plan, against -any loss, injury or damage to
persons or property within such elevated areas in the event of future
seismic waves.
Commercial Uses. Only commercial uses shall be permitted in elevated
areas, which shall include all types of retail merchandising and businesses,
wholesale display and sales, all types of service businesses, general
office space, medical, dental and other professional offices, theaters,
restaurants, hotels, and other similar uses which are not inconsistent nor
incompatible with the commercial uses contemplated by the Renewal Plan.
A civic center complex, bus terminals and other transportation facilities
and public utility facilities and substations may also be located in commer-
cial area. No industrial, manufacturing or residential uses shall be per-
mitted in commercial areas.
(2) In Open Areas. "Open Areas" refer to those particular areas within the
Project Areas, as shown on the Land Use Map, which were inundated and
damaged by the seismic wave of May 23, 1960, andwhich , because of low
elevation and proximity to the ocean, are or may be subject to possible
inundation and damage by recurrence of future seismic waves. The land
uses permitted in the open areas shall be limited to Limited Commercial
and Limited Industrial, as specifically designated and shown on the Land
Use Map, and to Open Uses, including Temporary Non - Conforming Uses,
which may be designated and permitted in any other locations within the
open areas. All land uses permitted by this Renewal Plan in open areas
shall be "interim uses, " i. e. , such uses which are limited as to type and
nature and in duration for such time until adequate control measures are
adopted which materially reduce or eliminate lha threat of loss or damage
to life or property from recurring seismic wave disasters.
(a) Limited Commercial Uses. Certain commercial uses requiring mini -
mum structural improvements or which occupy structures constructed
in accordance with seismic wave - resistant standards required by
applicable county building codes, may be located in open areas, such
as service stations, drive -ins (minimum type construction of a self-
service or a "Dairy Queen.nature "), off- street parking, bus terminals,
rand other uses of similar nature.
(b) Limited Industrial Uses. The only industrial uses permitted within
the Project Area shall be the Honolulu Iron Works operations and the
commercial fishing and related activities and operations such as
storage, auction, ice plant, moorage, boat drydock, service and repair
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and commercial fishing suppliers in locations specified therefor on the
Land Use Map. Certain incidental. commercial uses such as seafood
restaurant, sport fishing suppliers and other such "fisherman's wharf"
type activities and uses shall be permitted within the fishing industry
area, and equipment sales, display and merchandising activities shall
be permitted within the Honolulu Iron Works industrial area.
(c) Open Uses. Open uses permitted in the open areas shall be limited to
such uses suitable or adaptable for the open area and which present mini-
mum danger to human life or serious economic loss in event of future
disasters, and shall include public uses such as parks and play grounds,
botanical and cultural gardens, golf courses, swimming pools and other
recreational facilities provided by governmental agencies or concession-
aires therof; agricultural uses such as commercial gardening and truck
crops, horticultural, fish hatchery, nurseries, grazing and other similar
or related uses; such other suitable and compatible uses such as off -
street parking; and Temporary Non - Conforming Uses as defined below.
(d) Temporary Non - Conforming _Uses. Certain existing structures located
in open areas which survived the seismic wave of May 23, 19 60, with
minimum or no damage may be retained and the; existing operations and
uses .conducted thereon (though non - conforming as to open uses) may be
continued only upon the following terms and conditions:
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i. The affected property will be acquired by the Agency together with all
other project lands and shall then (1) be sold or disposed of for the
same uses, subject to an option or preference in favor of the former
owner at no less than the value or price paid by the Agency upon
acquisition thereof together with other terms fixed by the Agency, or
(2) to be sold or disposed of to the State of Hawaii for the same uses,
subject to an option, or preference in favor of the former owner (in
case the same is offered for sale or leasd by the State) to purchase
or lease the same at such price and other terms fixed by the State.
ii. Such property shall be disposed of subject to all of the applicable terms
and conditions provided by this Plan and by the Declaration of Restric-
tions adopted by the Agency.
iii. The existing structures thereon are - .structurally sound and in good
physical condition.
iv. The uses, operations or functions presently undertaken or conducted
thereon are vital to the economy and welfare of the community.
v. Such use may continue within the open areas, and shall be operated
and maintained in such a manner, so as not to cause or constitute
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great danger or hazard to human life.
vi. The uses herein permitted shall terminate (1) when the structures
thereon are damaged or destroyed by any cause whatever to an extent
greater than 60 %v of the then appraised market value .thereof, or (2)
when the structures thereon become, in the opinion of the Agency
based on independent appraisal thereof, obsolescent by reason of
physical deterioration or functional or economic obsolescence, or
(3) when existing uses are abandoned thereon. No existing structure
shall be extended or enlarged. An existing structure may be remod-
elled only after abtaining the written consent of the Agency.
vii. Upon cessation or discontinuance of present uses thereon, the proper-
ties shall be devoted only for the land uses prescribed in C -2 -a (2)
for open areas.
(3) Open Area Use at Developer's Risk; Indemni
All persons acquiring sites in open areas for development thereof in permit-
ted uses, including owners qualifying for retention or repurchase of "non -con-
forming uses, t' shall use, develop, operate and maintain such property at
their own risk,and every disposal document conveying, transferring or other-
wise affecting such property shall require that the developer, grantee or
transferee thereof shall indemnify and save harmless the Agency against all
claims, actions or demands for loss, damage, injury or loss of life or pro-
perty caused or inflicted by any flooding or inundation of open areas by future
seismic waves.
(4) Land Uses in Open Areas after Protective Control Measures Adopted.
If or when certain protective control measures such as sea -wall or embank-
ments or breakwater are installed or constructed which would materially
limit, reduce or eliminate loss, injury or damage to persons or property
in open arenas, the Agency may redesignate permissible uses in open areas
in accordance with any uses permitted by this Renewal Plan and which are
consistent with the degree of protection afforded by the measures adopted or
installed.
(5) Prohibition A inst Residential Uses.
No residential uses, of any kind, including single- family residential or multi-
ple apartment residential, shall be continued or permitted in any part of the
Project Area, whether elevated or otherwise, daring the effective covenant
period for this project, but the foregoing prohibition shall not affect nor pre-
clude hotel, motel or other transient residential or housing facilities from
being located in elevated areas within the project.
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b. Additional regulations, controls and restrictions on land use and building re-
quirements.
All permitted land uses and structures to be erected or maintained thereon in
the Project Area shall conform to all of the applicable terms, requirements
and conditions (1) as set forth in public codes and regulations as the same may
exist from time to time, (2) as hereinafter provided and as implemented by
and set forth in the Declaration of Restrictions covering said land.
(1) Commercial Areas -- Elevated Areas
(a) Off- street parking
Each site in the commercial area shall provide for and include off -
street parking spaces installed by the redeveloper thereof, in accord-
ance with the following schedule:
i. Banks, post offices, commercial and professional offices and
studios, furniture anq appliance stores, and similar uses - -one
space for each 300 square feet of gross floor area.
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ii. Retail stores and shops - -one space for each 200 square feet of
gross floor area.
iii. Medical and dental clinics and groups - -4 spaces for each doctor
or dentist. I
iv. Theaters, gymnasiums, auditoriums, assembly halls and meeting
rooms- -one space per 4 seats or 8 feet of bench length in the
Principal assembly room.
v. Exhibition halls, assembly halls or meeting rooms without fixed
seats, restaurants, drinking establishments, dance halls, night
clubs and commercial places of amusement- -one space for each
100 square feet of gross floor area-
vi. Hotels and motels - -one space for each guest room for the first 15
guest rooms and one space for each two additional guest rooms.
In addition, spaces to meet the combined requirements of other
uses being conducted, such as restaurant, meeting room, etc.
vii. Other general business uses - -one space for 400 square feet of
gross floor area.
viii. Public buildings --- sufficient spaces to provide for the combined
requirements of the public agencies occupying the buildings.
Fractional, space requirements shall be counted as a whole space.
"Gross floor area" as used herein shall mean the total area of all
floors of a building including a basement measured along the exterior
walls of such building.
Each off - street parking space shall not be less than nine (9) feet wide
and eighteen (18) feet long, but in any case, must have a total area of
180 square feet. In addition, adequate space shall be provided for
maneuvering and access. The off- street parking area and driveways
shall be paved with a hard surfaced material and shall be so designed
as to provide ready ingress and egress to each space without requiring
backing movements or other maneuvering within a public street right -
of -way.
The Agency may modify or waive the above parking requirements if
equivalent off - street parking facilities are available to a site within
a walking distance of 300 feet of the site.
(b) Off- street loading.
The redeveloper or redevelopers must demonstrate that sufficient off -
street loading spaces shall be provided to serve the operational needs
of the proposed development. In lieu of such demonstration, one load-
ing space shall be provided for each store containing from 2, 000 to
20, 000 square feet of gross floor area and one loading space for each
additional 20, 000 square feet or portion thereof, except that if a
centralized loading area is provided, there shall be one loading space
for every 20, 000 square feet or portion thereof.
Exception or modifications to the off - street loading requirement may be
made by the Agency if the redeveloper or redevelopers can demonstrate
that no off - street loading space is required or a modified loading space
is sufficient because of the nature of the proposed development or the
intended use thereof.
Each off - street loading space shall not be less than twelve (12) feet
wide, twenty -five (25) feet long with a height clearance of at least four-
teen (14) feet and shall be located wholly within the site. Off- street
loading areas and driveways shall be paved with a hard surfaced material
and shall be so designed as to provide adequate maneuvering space and
that their use will not block pedestrian and vehicle circulation and will
not require backing movements or maneuvering within a public street
right -of way.
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(c) Landscaping.
All open areas not covered by walks, driveways, parking or loading
areas, or buildings shall be landscaped with appropriate planting or
be attractively screened by the redeveloper of each site.
(d) Signs.
Signs for advertisement purposes shall be restricted to the instal-
lation of signs identifying the establishment and nature of its products.
No flashing or rotating signs, or signs with lights simulating action
shall be permitted. All signs must be integrated with the overall
design of the structure and not adversely affect the overall aesthetic
qualities of the design.
(e) Underground utilities.
All utilities on or within any redevelopment site shall be installed and
placed underground. The redeveloper shall provide his own trans -
former vault and conduits to connect into the utility company system
and shall pay for the required cable and service facilities installed
within its site. The redeveloper shall also grant to the utility company
all easements necessary or required for distribution lines within any
redevelopment site.
(2) All Permitted Uses - -Open Areas.
(a) Building requirements.
Every building or structure erected within the Open Area generally
defined in Section C- 2 -a -(2) of this Renewal Plan and as designated
on the Land Use Map (Exhibit II -B) shall be designed and constructed
in accordance with the building standards and requirements govern-
ing such open areas as set forth in applicable public codes and regu-
lations and, specifically, any building code for the County of Hawaii
prescribing seismic wave - resistant construction standards for
structures located in open areas.
(b) Other requirements.
In addition to the foregoing, all development and construction upon
redevelopment sites within open areas shall conform to the same
requirements as prescribed for Elevated Areas in Section C- 2- b -(l)-
(b), (c), (d), and (e) of this Renewal Plan.
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c. Duration of Restrictions.
The restrictions and requirements as to land use and building requirements
set forth in this Section C and as subsequently imposed and embodied in a
"Declaration of Restrictions" shall be covenants running with the land within
the Project Area and be binding upon all purchasers or lessees of said land,
their heirs, representatives or successors and assigns for a period of
thirty -five (35) years from the date of sale or lease of the first parcel of land
to be sold or leased by the Agency in the "elevated area" and "open area"
use category, respectively.
d. Applicability of Provisions and Requirements to Property not to be Acquired.
As indicated in Section D -1 of this Renewal Plan, all property within the
Project Areas shall be acquired by the Agency and subjected to the require-
ments and controls of this Renewal Plan and the Declaration of Restrictions,
except any lands presently owned by a governmental, agency in Open Areas
which are designated for public use to be maintained by such agency under
this Plan and any properties presently held in private ownership which are
designated as Limited Commercial and Limited Industrial on the Land Use Map
and /or those which qualify as Temporary Non - Conforming Uses. The govern-
mental agency owning such lands exempted from acquisition shall, as part of
any cooperation agreement executed with the Redevelopment Agency, commit
itself-to accept and subject such lands to the requirements and controls of this
Renewal Plan and the Declaration of Restrictions, likewise, the owner_
redevelopers of Limited Commercial, Limited Industrial and Temporary Non-
Conforming Use properties shall execute any agreement or other documents
necessary to subject their properties to said requirements and control of this
Plan and Declaration as a condition of their property being exempted from
acquisition by the Agency.
e. Approval of Plans and Specifications.
The Agency shall have the right to review and approve the redeveloper's plans
and specifications with respect to the use of the land, site plan, building
standards and requirements, density, lot layout, off - street parking and load-
ing, landscaping and general architectural appearance and design. Where the
redeveloper's proposed plans are at variance with the requirements set forth
in this Section the strict enforcement of which would be unreasonable or cause
great hardship, the Agency may require that appropriate adjustments be made
thereto, provided that said adjustments are not in conflict with the intent and
purpose of the Renewal Plan or related public regulations. The redeveloper's
plans and specifications shall also be subject to the review and approval of
those agencies of the State of Hawaii and the County of Hawaii that have juris-
diction and authority regarding conformance with public regulations relating
to construction.
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f. Nondiscrimination.
All redevelopers of project land, whether original purchasers or lessees,
owner - redevelopers or their successors in interests and assigns, shall:
(1) Not discriminate upon the basis of race, color, creed, or national origin
in the sale, lease, or rental or in the use or occupancy of the Property
or any improvements erected or to be erected thereon, or any part
thereof.
(2) Not effect or execute any agreement, lease, conveyance, or other ins -
trument whereby the Property or any part thereof is restricted upon the
basis of race, religion, color, or national origin in the sale, lease, or
occupancy thereof.
(3) Comply with all Federal, State and local laws, in effect from time to time,
prohibiting descrimination or segregation by reason of race, religion,
color, or national origin in the sale, lease, or occupancy of the Property.
The foregoing shall constitute covenants running with all redevelopment sites
in the Project Area and shall survive the duration of this Plan and shall con-
tinue in effect and bind all redevelopment sites without limitations as to time.
g. Subdivision and Transfefr Prior to Construction.
Prior to the completion of construction of required improvements, parcels
may not be subdivided, sold, leased or otherwise disposed of by the redeve-
loper without the prior written consent of the Agency, except as to any mortgage
executed by the redeveloper for the purpose of securing financing for the con-
struction of such improvements.
D. PROJECT PROPOSALS
1. Land Acquisition.
a. Identification of Real Property in the Project Area to be acquired:
(1) For clearance and redevelopment and for public facilities.
It is proposed that all real property and interests in land in the Project
Area as shown on the Property Acquisition Map (Exhibit II -C) be acquired
by the Agency for clearance and redevelopment to carry out the objectives
of this Renewal Plan, except for all of those certain lands located within
Open Areas as shown on said Property Acquisition Map (Exhibit II -C) pres-
ently owned by the State of Hawaii and the County of Hawaii and which lands
are designated for public use to be continued and maintained as such by
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such governmental agency under the Renewal Plan; and except for any
i properties designated as Limited Commercial, Limited industrial and
Temporary Non -- Conforming Uses, whose owners have executed an Owner—
Redevelopment Agreement, as provided for in Section C -2 -d. All resi-
dential dwellings and structures (excluding hotels and other transient
housing in Elevated Areas) shall be demolished, cleared or removed from
land within the Project Area.
The price to be paid for the acquisition of property shall be the "fair mar-
ket value" of such property as determined by the Agency.
The vacation and acquisition of public rights -of -ways shall be undertaken
by the State of Hawaii and /or the County of Hawaii through cooperation
agreements executed by such governmental entity and the Redevelopment
Agency.
(2) Rehabilitation of existing; structures.
This renewal project undertaken for the redevelopment of a disaster area
does not involve any land acquisition for rehabilitation of existing struc-
tures as a project activity. However, as indicated in Section C- 2- a -(2) --
(e) of this Renewal Plan, certain structures within the Project Area which
survived the seismic wave of May 23, 1960, with minimal structural damage
may not be demolished upon acquisition by the Agency thereof and the uses
presently conducted thereon may be continued as "non- conforming uses"
upon disposal thereof, subject expressly to compliance with and perfor-
mance or observance of the terms and conditions set forth in this Renewal
Plan and to the approval of the Redevelopment Agency thereto.
b. Special conditions under which properties exempted from acquisition may be
acquired.
Lands owned by the State of Hawaii or the County of Hawaii located in open areas
are not designated for acquisition and will not be acquired by the Agency since
the reuse designated for such lands is the continuation of the present public uses
undertaken by the State or County.
If owners of properties designated and qualifying as Limited Commercial, Limi-
ted Industrial and Temporary Non - Conforming Uses refuse or fail to execute
any agreements or to do all things necessary to qualify for exemption, such
properties may be acquired or condemned by the Agency as provided in Section
D -1.
c. Special conditions under which properties designated for acquisition may be ex-
empted from acquisition.
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` Property identified in C -2 -a- Limited
Commercial, Limited Industrial and Temporary Non Conforming U es main
the discretion of the Agency be exempted from ac y
the conditions s e p quisition by the Agency if
p c�ified below are met:
(1) The Agency shall be fully satisfied that the property meets and comes with-
in the category of Limited Commercial, Limited Industrial and Temporary
Non - Conforming Uses described in Section C- 2 -a -(2) of the Renewal Plan
and that the owner thereof will observe, perform and comply with all of the
terms and conditions set forth therein.
(2) The property can be made subject to all of the applicable terms, covenants
and conditions of the Renewal Plan and Declaration of Restrictions without
acquisition of title thereof by the Agency. The owner shall voluntarily
accept or subject his property to such covenants and restrictions in such
manner as the Agency shall prescribe, with or without compensation there-
for, as may be appropriate in each case.
(3) The owner shall execute an owner - redevelopment agreement with the Agency
providing for such exemption from acquisition, which agreement shall cover
all of'the requirements of Section C- 2 -a -(2) of this Renewal Plan and such
other reasonable requirements as the Agency may deem necessary to carry
out the purposes and objectives of the Renewal Plan.
2. Rehabilitation and Conservation.
There are no provisions for rehabilitation or conservation in this project.
3. Redeveloper's Obligations.
Every redeveloper of a site within the Project Area will execute a desposition-rede-
velopment agreement which will require, among other things, that such site shall
be subject to all of the applicable terms, covenants and conditions of the Renewal
Plan and Declaration of Restrictions, and that the redeveloper complete, within a
reasonable time, construction of improvements upon. such site in accordance with
applicabbe provisions of this Plan and said Declaration. Owners, including the
State of Hawaii and the County of Hawaii, of properties to be exempted from acquisi-
tion under Section D -1, shall execute an Owner - Redevelopment Agreement an
Cooperation Agreement to subject their properties to the terms and conditions of
the Renewal Plan and the Declaration of Restrictions.
4. Zoning.
Exhibit 11 -D (E)isting Zoning) identifies the zone districts that are presently in
effect, and Exhibit B -E (proposed zoning) indicates the zone districts within the
project which are to be established subsequent to the adoption by this Renewal Plan
and which will become effective upon acquisition of lands by the Agency pursuant
to Section 143 -7, Revised Laws of Hawaii 1955, as amended.
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E. OTHER PROVISIONS NECESSARY TO
MEET STATE AND LOCAL REQUIREMENTS
The provisions of the Hawaii Urban Renewal Law relating to disaster renewal projects
(Section 143 -7. 1, R. L. H. 1955, as amended) waive most of the usual requirements for
an urban renewal project and specifically waives the requirements for public hearings,
conformity of the disaster renewal plan with the master plan, findings of blight, slum,
deteriorated or deteriorating areas, and that the Project Area be- predominantly resi-
dential in area or be developed for residential use.
F. PROCEDURE FOR CHANGES IN
APPROVED RENEWAL PLAN
If at any time after the initial, adoption of the Plan, the Agency shall determine that a
change in the Plan shall be in the public interest and in furtherance of the purpose of re-
development, the Plan or any part thereof may be changed by following the same proce-
dure set forth in the Urban Renewal Law (Chapter 143, R. L. H. 1955), as the same may
from time to time be amended, for the initiation and approval of a redevelopment plan;
rovided, however, the Agency shall additionally secure (1) 'agreement to the change
from all redevelopers who are determined by the Agency to be affected redevelopers,
and (2) the approval of any governmental agency having any jurisdiction over or interest
in this Plan or any property covered by this Plan; provided further, that the approval
of the Federal Government shall not be required after the Project has been completed
under the terms of the Federal Loan and Grant Contract. As used herein, the term
"affected redevelopers" shall mean all persons holding executed deeds, disposition
agreements or owner - retention agreements with the Agency covering land within the
project area defined by the Plan whose respective development on such land will be pre-
judiced or adversely affected should the proposed change be made and who as a result
thereof will suffer or sustain pecuniary loss or hardship.
The determination of whether a redeveloper is an affected redeveloper within the meaning
of the foregoing paragraph shall be made by the Agency following due notice and oppor-
tunity to the redeveloper deeming himself to be affected to appear before the Agency and
to present evidence in support of his claim. Failure of the redeveloper to make known
to the Agency in writing within the time specified by the Agency or any extension there-
of, that he deems himself to be an affected redeveloper, or failure of the redeveloper
to sustain the burden of proof by clear and convincing evidence that he is an affected
redeveloper within the meaning of the foregoing paragraph, shall constitute good cause
for the Agency to find that said redeveloper is not an affected redeveloper and any such
finding on the part of the Agency shall be final, subject only to judicial review as by law
provided.
-15-
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