Honolulu Rail: Land Use and Transit-Oriented Development (TOD)

The Seminar Group PresentsEminent Domain and Land Use in HawaiiMay 10, 2012 – Honolulu, HI

Presentation by Jesse K. Souki, Esq.

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Jesse K. Souki, Esq. 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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Outline

Definitions Examples FTA TOD and Transit Joint

Development (TJD)Support City Related TOD State Related TOD Resources

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Transit Oriented Development

“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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What is TOD?

Mixed-use development Development that is close

to and well-served by transit

Development that is conducive to transit riding

Transit-oriented development (TOD) is compact, mixed-use development near transit facilities and high-quality walking environments. The typical TOD 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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Five Main Goals of TOD

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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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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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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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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Stadium Station Apartments

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.

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FTA TOD Joint Development 49 U.S.C. 5301 et seq.

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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Joint Development ImprovementsEligible for FTA Funding

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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Threshold Requirement for Federal Funding 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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Eligible Activities

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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Eligibility Procedures

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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Honolulu Rail Transit Project

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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FTA Determination in ROD 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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Components of Successful TOD Station Area Planning 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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Current City Regulations 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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Current City Zoning Designations 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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Current City Zoning Designations 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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Current City Zoning Designations 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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Current City Zoning Designations 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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City’s TOD Planning Ordinance ROH §§ 21-9.100 to 21-9.100-4

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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Process for Creating TOD RegsROH § 21-9.100-1 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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Neighborhood TOD plansROH § 21-9.100-2 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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Adopting TOD Zones and Regs ROH § 21-9.100-3

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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TOD Development Regs Min. ReqsROH § 21-9.100-4

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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Ongoing City TOD Planning Efforts 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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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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Land Use Existing and Proposed for Downtown

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Hawaii Community Development Authority (HCDA)

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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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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Potential TOD Project690 Pohukaina Street - RFP 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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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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Program Targets for ProposalsDevelopment Concept & Design 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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References 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 .