1. The Seminar Group Presents
Eminent Domain and Land Use in Hawaii
May 10, 2012 – Honolulu, HI
Presentation by
Jesse K. Souki, Esq.

2.  Director, Hawaii State Office of Planning
 Deputy Corporation Counsel for Rail Transit
Project
 Deputy Corporation Counsel for County of Maui
Planning Department and Commission
 Private sector land use and environmental law
attorney (e.g., mixed-use residential, industrial,
commercial, resort)
 I am a transit user.
 Hawaii Land Use Law and Policy,
http://hilanduse.blogspot.com.
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3.  Definitions
 Examples
 FTA TOD and Transit Joint Development
(TJD)Support
 City Related TOD
 State Related TOD
 Resources
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4. “TOD/TJD, successful projects do not happen
on their own, or just because government has
invested public money into transit and other
infrastructure. TOD and joint development
projects succeed, most fundamentally,
because there is a market for those types of
development.“
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5. What is TOD?
Transit-oriented development
(TOD) is compact, mixed-use
development near transit facilities
 Mixed-use development
and high-quality walking
environments. The typical TOD
leverages transit infrastructure to
 Development that is close to
promote economic development
and smart growth, and to cater to
shifting market demands and
and well-served by transit
lifestyle preferences. TOD is
about creating sustainable  Development that is conducive
communities where people of all
ages and incomes have
transportation and housing
to transit riding
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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6.  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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7. Aerial view of Rosslyn-
Ballston corridor in
Arlington, Virginia
This photo shows how TOD can
direct growth and preserve
greenspace.
High density, mixed use
development is concentrated
within ¼–½ mile from
the Rosslyn, Court
House and Clarendon
Washington Metro stations
(shown in red), with limited
density outside that area.
With or without TOD,
Honolulu’s population will
increase.
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8. Washington
Metropolitan Area Transit
Authority (WMATA)
This is a map of the WMATA rail
system.
Among other features, WMATA
links the airport and AMTRAK
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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9. 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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10. Stadium Station
Apartments
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This photo shows a joint
development, involving Tri-Met
as the lead agency and a
private developer. TriMet
provides public transportation
in the Portland, Oregon,
metropolitan area.
•Joint development as a form of
transit-oriented development
that is project specific, taking
place on, above, or adjacent to
transit agency/public property.
•Proximity to rail transit has
been shown to enhance
property values and can
increase the opportunity for
fostering community and
development partnerships.
•The most common joint
development arrangements are
ground leases and operation-
cost sharing.

11.  FTA Guidance re eligibility of ‘‘joint
development’’ improvements under 49 U.S.C.
5301 et seq. (SAFTETEA-LU).
 To ensure maximum benefit to the people
who ride public transportation.
 Applies to a ‘‘capital project’’ defined under
49 U.S.C. 5302(a)(1)(G).
 Enhances the ability of FTA grantees to work
with the private sector and others for
purposes of joint development.
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12. The public transportation improvement must
 Enhance economic development or incorporate
private investment;
 Enhance the effectiveness of a public
transportation project and relate physically or
functionally to that public transportation
project, or establish new or enhanced
coordination between public transportation and
other transportation; and
 provide a fair share of revenue for public
transportation that will be used for public
transportation.
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13.  Enhances Economic Development
 joint development improvement will add value to
privately- or publicly funded economic
development activity occurring in close proximity
to a public transportation facility
 Incorporates Private Investment
 Private investment may be cash, real property, or
other benefit to be generated initially or over the
life of the joint development improvements.
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14.  Commercial and residential development
 Pedestrian and bicycle access to a public
transportation facility
 Construction, renovation, and improvement
of intercity bus and intercity rail stations and
terminals
 Renovation and improvement of historic
transportation facilities
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15.  Joint development improvements must be
approved by the FTA Regional Administrator.
 Only FTA grantees (i.e., the City) may
sponsor a joint development improvement.
 Execute Certificate of Compliance
 Joint Development Checklist
 Joint Development Agreement
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16. The Project is a 20-mile grade-separated fixed guideway rail system that begins at
the University of Hawai'i - West O'ahu and ends at Ala Moana Center. It will
operate in an exclusive right-of-way and will be grade-separated except in a
location near Leeward Community College. The Project will include 21 transit
stations and park-and-ride lots at some stations.
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17.  Improves Corridor Mobility
 The Project will substantially improve corridor mobility in the
most highly congested corridor in the City
 Improves Corridor Travel Reliability
 Predictable travel time for transit riders will increase
substantially as trips are moved from buses operating on streets
in mixed traffic and congested freeways to the fixed guideway
 Support for Transit Oriented Development
 Project will support development and redevelopment around
stations
 Improves New Starts Score
 Improves Transit Equity
 Project will connect areas that have the highest transit
dependency
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18.  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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19.  Revised Ordinances of Honolulu (ROH) Chapter
21
 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 (e.g., strip
malls, surface parking lots) at the expense of
pedestrians, bicyclists and transit riders
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20.  Agricultural Districts
 Agriculture uses – much of the agricultural land
along the alignment is planned for future
development
 Residential Districts
 Residential with supporting non-residential uses
allowed by CDU permit – no max. lot size
 Apartment and Apartment Mixed Use
 Residential and commercial in keeping with
residential apartment area
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21.  Business District
 B-1 Neighborhood Districts
▪ Do not allow residential uses as part of the mix
▪ Unsupportive of the mix of uses that are typical of TOD
 B-2 Business Community Districts
▪ Do not allow residential uses as part of the mix
▪ Community-wide business establishments, serving
several neighborhoods and offering a wider range of
uses than is permitted in the B-1 District
▪ Generally unsupportive of the mix of uses that are
typical of TOD
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22.  Business Mixed Use District
 BMX-3 and BMX-4 Districts
▪ Mixtures of commercial and residential uses, occurring
vertically and horizontally
▪ Open space bonuses
 BMX-4 Central Business Mixed Use District
▪ Intended for downtown area mixes of financial, office,
governmental, and housing activities
 Business Mixed Use designations are
supportive of transit and TOD
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23.  Industrial Districts
 Range of land-intensive uses
 Limited business activates that directly support
industrial uses
 I-1 Limited Industrial District
 I-2 Intensive Industrial District
 I-3 Waterfront Industrial District
 Industrial-Commercial Mixed Use (IMX-1)
District
 Allows a mix of commercial and employment
activities that are supportive of transit and TOD
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24.  Ordinance 09-4
 ROH § 21-9.100 requires the formation of
“special districts” around rail transit stations
 ROH § 21-9.100 (c) creates a “TOD zone”
comprised of land parcels around each
station
 Parcels within 2,000 feet of a transit station
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25.  TOD development regulations shall be
created to foster and encourage TOD and
redevelopment of each TOD zone
 TOD development regulations minimum
requirements
 Neighborhood TOD Plan
 May include one or more stations
 After January 2012, Council may establish
TOD zones and TOD development
regulations without TOD Plans
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26.  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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27.  Council approves Neighborhood TOD Plan
 DPP submits TOD Zones and Development
Regs ordinance to planning commission
 Planning Commission reviews and makes
recommendations to Council
 Council adopts TOD special district ordinance
 Development plans may need to be amended
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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 encourage TOD
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29.  Aiea-Pearl City Neighborhood TOD Plan
 Leeward Community College, Pearl Highlands,
Pearlridge
 Downtown Neighborhood TOD Plan
 Iwilei, Chinatown, Downtown
 East Kapolei Neighborhood TOD Plan
 East Kapolei, UH West Oahu, Hoopili
 Kalihi Neighborhood TOD Plan
 Middle Street, Kalihi, Kapalama
 Waipahu Neighborhood TOD Plan
 West Loch, Waipahu
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30. Downtown
Neighborhood TOD
Plan
•Three rail transit stations are
planned for Downtown
Honolulu.
•Downtown TOD Plan will guide
development over the next 25
years.
•The recent February 2012
Framework Plan synthesizes
feedback on the Emerging
Vision articulated during the
October 2011 workshops and
advisory committee meetings.
•Community review and
endorsement of the framework
plan will provide direction for
development of more detailed
policies and standards.
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31. Land Use Existing and
Proposed for
Downtown
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32.  Created in 1976 to plan
 HCDA regulates and implements the
redevelopment of community development
districts (CDD) throughout the state
 Kaka‘ako was designated the first CDD – to
develop/redevelop “underdeveloped and
underutilized” property
 Kaka‘ako and Civic Center Stations fall within
Kaka‘ako CDD
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33. Kaka‘ako Makai
Boundary
Boundary set by the state
legislature.
The Kaka‘ako Community
Development District Mauka
and Makai Area Plans and Rules
are designed to guide the
redevelopment of the area into
a vibrant pedestrian-oriented
urban community.
The Mauka and Makai Area
Plans establish the general
redevelopment goals and
objectives for each respective
area, while the Mauka and
Makai Area Rules specify
regulations.
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34.  RFP Issued January 2012
 Proposal Due Date August 31 , 2012 (as of May 7,
2012)
 Must be consistent with Draft Mauka Area Plan
and Rules
 Financed and constructed by a private
developer(s)
 Mixed-use TOD project
 Public-private partnership elements
 HCDA is developing a TOD Plan and Rules
Overlay for the Kaka‘ako CDD, which will apply
to future development
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35. Project Location
•HCDA expects to obtain
site control by the end of
2012 from the Department
of Land and Natural
Resources
•Approximately 2.17 acs
•Transit stop near the
Project on Halekauwila
Street
•Future TOD rules will apply
•All major utilities available
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36.  Affordable for sale and/or rental housing units
 Market for sale residential units
 Minimum 25,000 s.f. civic space
 Community space for multi-purpose uses
 Minimum 30,000 s.f. of commercial space
 30,000 s.f. for business incubation space is intended to be
operated by the State
 30% open space on grade
 TOD Overlay ratios of 1 per unit (Market); and 0.5 per unit
(affordable). Preference for robotic parking.
 Exterior Space for a Bike Share Station
 Green Roof/Roof Garden
 Broadband Infrastructure
 Context Sensitive Solutions & Complete Streets Programming
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37.  Lesa Rair, Rising Gas Prices Mean Transit Riders Save Money While Car Drivers Empty Their Wallets, American Public
Transportation 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 Station Area 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-Capacity Transit 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 Pohukaina Transit-Oriented Development Project, Haw. Community Devel. Authority,
at http://hcdaweb.org/request-for-proposals-690-pohukaina-transit-oriented-development-project.
 Joint Development, FTA, at http://www.fta.dot.gov/about_FTA_11009.html.
 Record of Decision on the Honolulu High Capacity Transit Corridor Project in Metropolitan Honolulu, Hawaii by the
Federal Transit 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.
 Downtown & Kalihi Draft TOD Framework Plans, City & County of Honolulu, Feb. 2012, at
http://honoluludpp.org/planning/TOD/NBPlans/Kalihi_Downtown_FrameworkPlan.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.
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