Background Report Revisions to Waikiki Special District

Transcription

1 Background Report Revisions to Waikiki Special District Introduction The Waikiki Special District (WSD), originally enacted as the Waikiki Special Design District in 1976, has been amended several times. The most significant amendments were as follows: In 1989, WSD provisions, previously contained in a separate ordinance, were reformatted and integrated into the Land Use Ordinance (LUO), along with other Special Districts; In 1996, substantial changes were made to the WSD to implement many of the recommendations of the 1992 Waikiki Master Plan, particularly to recognize the high incidence of nonconforming conditions in the district, reduce impediments to improving nonconforming properties, encourage more pedestrian-oriented design and a Hawaiian sense of place, and promote redevelopment of large Resort-zoned properties through the Planned Development process; In 2003, further changes were made to alleviate restrictions on the improvement of nonconforming uses and properties and reduce off-street parking requirements for ground-floor uses; In 2007, LUO provisions for signage were revised. While these amendments benefited many businesses and properties in Waikiki by enabling better visibility and way-finding, they did not affect the actual provisions of the WSD itself. Below are the current proposed amendments to the WSD, which are explained in the sections that follow: Merge the Resort Commercial Precinct with the Resort Mixed Use Precinct; Allow greater flexibility for building height; Provide incentives for improving properties in the Apartment Precinct; Expand the Apartment Mixed Use Sub-precinct; Eliminate off-street parking requirements for small commercial properties; and Make minor adjustments for vending carts and outdoor dining in front yards. Merge the Resort Commercial Precinct with the Resort Mixed Use Precinct The original Waikiki Special Design District defined two types of resort precincts: Resort Hotel and Resort Commercial. In the latter, hotels and other visitor accommodations were not permitted. This distinction was created in order to contain the growth of the visitor unit inventory in Waikiki, which was a concern at the time because of the rapid pace of development that followed Statehood and continued through the mid-1970s. By the late 1980s, concern shifted to the long-term viability of Waikiki as a premiere resort destination, largely because the new zoning regulations were so effective at dampening growth that they also discouraged the renovation and renewal of properties throughout the district, most of which did not conform to the new development standards and use restrictions. 1

2 In response to this concern, the City undertook the Waikiki Master Plan, which was completed in Acknowledging that the WSD precinct boundaries did not accurately reflect actual land use, encumbering many properties with nonconforming use status, one of the recommendations of the Waikiki Master Plan was to merge the two resort precincts into a single resort mixed use precinct. This would take several existing apartment buildings and hotels (see Figure 1) out of their nonconforming status, facilitate their improvement and renewal, and contribute to the overall revitalization of the resort destination. While there was no formal adoption of the Waikiki Master Plan, many of its recommendations were incorporated into the 1994 amendments of the WSD, including the creation of a Resort Mixed Use (RMX) Precinct. Nevertheless, this new designation applied only to the former Resort Hotel Precinct, leaving the Resort Commercial Precinct largely intact because the Primary Urban Center Development Plan (PUCDP) Land Use Map in effect at that time still indicated two separate resort precincts. The Land Use Map contained in the PUCDP that was adopted in 2004, on the other hand, reflects the recommendation of a single resort precinct in the central area of Waikiki, although a portion of the makai frontage of Kalakaua Avenue occupied by Royal Hawaii Shopping Center and the commercial buildings between Lewers Street and Saratoga Road retains a District Commercial land use designation (see Figure 2.) The District Commercial land use designation also applies to areas on the ewa end of Waikiki, along portions of the Ala Moana Boulevard, Kalakaua Avenue and McCully Street frontages, although there are several notable hotel and apartment buildings in this area, as well, and there is a special exception in the WSD, Table (A), footnote 3, that allows multi-family dwelling units in the Resort Commercial Precinct between Ala Wai Boulevard and Kuamoo Street, which effectively applies mixed-use zoning to this area. Based on this and language within the PUCDP itself, the designation District Commercial is meant to be implemented as a mixed-use zoning district. Therefore, the merged RMX Precinct is appropriate for these areas of Waikiki, as well. Development standards for the merged RMX Precinct must also be considered because the standards for the two existing resort precincts are based on distinctly different approaches. The Resort Commercial Precinct establishes a base floor area ratio (FAR) for all properties and floor area bonuses for the provision of public open space, open space and/or arcades, as shown below: 1 Base FAR = 1.75 Floor area bonuses 10 sq ft floor area per 1 sq ft public open space, exclusive of required yards 5 sq ft floor area per 1 sq ft of open space at ground level 3 sq ft floor area per 1 sq ft of arcade, exclusive of required yards The floor area bonus approach has worked quite effectively to produce public open space and other amenities in areas of Honolulu that are zoned BMX (Business Mixed-Use), notably in the Downtown financial district, but in Waikiki s Resort Commercial Precinct, it has not really created such public benefits to any significant degree because the bonus system does not realistically match market potential. While the allowable floor area in the Resort Commercial Precinct is higher than in the RMX Precinct, especially when floor area bonuses for public open space and arcades are applied, these bonuses are rarely used because the Resort Commercial Precinct allows only office and retail commercial uses. There is insufficient demand for retail use above the second floor or for office space to develop the additional floor area allowed by the 1 See LUO Table (B) and LUO Section (c)(1). 2

3 bonuses. There is therefore little incentive to provide public open space or arcades in new developments. On the other hand, these floor area bonuses would be more responsive to market conditions in the RMX Precinct, where added floor area could be used for the development of hotel, time-share, and dwelling units above the second floor. Instead of offering a floor area bonus, however, the RMX Precinct takes a requirements-based approach by establishing an allowable floor area ratio based on lot size and requiring that a lot provide a minimum percentage of open space, although not necessarily public open space. The misalignment of allowable uses and development standards for these two precincts can be eliminated by creating a hybrid set of development standards for the new, merged RMX Precinct that employs the floor area bonus approach as an incentive to provide public amenities in Waikiki. In addition to public open space and arcades, the provision of landscaped, above-grade decks, also known as green roofs, should also be encouraged as an amenity through the bonus system. Green roofs not only reduce stormwater runoff and the heat island effect, but, considering that Waikiki is largely a high-rise living environment, also serve as a visual enhancement when viewed by residents and visitors from their apartments and hotel rooms at higher floors. To encourage a greater amount of these public amenities, the base FAR should be lower than in the present Resort Commercial Precinct so that developers will have sufficient incentive to use the floor area bonus. Floor area bonuses are, however, not necessarily attractive for small lots, which needs to recognized in the hybrid development standards. As shown in Figure 4, approximately 62% of the lots in the resort precincts are 10,000 square feet or less in area. Often these small lots are occupied by buildings that do not meet present WSD front yard requirements. If they are vacant, the present 50% open space requirement in the RMX Precinct is a significant disincentive to the development of a new building on the property. While it is possible for adjacent small lots to be assembled into larger development sites, many small lot owners elect not to sell their interest in property for a variety of reasons. Furthermore, as can be seen from the distribution pattern of small lots in Figure 4, many of these small lots are surrounded by larger lots that are already fully developed, so there is no opportunity to be part of a lot assembly. While floor area bonuses may not provide an incentive to develop or redevelop a small lot, replacing the 50% open space requirement in the present RMX standards with the bonus system would at least remove a significant disincentive to redevelop the lot, and could result in increased front yards where a new building replaces an older one that encroaches into the front yard setback. To test the proposed bonus ratios for the hybrid RMX Precinct, hypothetical scenarios for four project sites of varying sizes 5,000 square feet to 90,000 square feet in lot area were developed. In each scenario, the project site using existing RMX standards was compared to one that applied the proposed hybrid RMX standards. Each of the scenarios was based on assumptions about what a rational developer would do to optimize the development potential for the site. For the two larger project sites (40,000 square feet and 90,000 square feet), it was assumed that the developer would opt to develop to the maximum allowable floor area. It was also assumed that the developer would provide public open space to obtain the floor area bonus, since this offers the most favorable ratio and would be the most efficient way to reach maximum floor area potential. For the two smaller sites (5,000 square feet and 10,000 square feet), it was assumed that the incentive of floor area bonuses would be diminished because physical design issues (e.g., transitional height setback and loading requirements) and market considerations (e.g., weak demand for commercial or residential space between the second and, say, fifth floors along busy streets) would limit the ability or motivation to develop multi-story buildings on small sites. The developer would therefore elect to develop the site under the hybrid RMX standards to about 3

4 the same amount of floor area potential that can be achieved under the present RMX standards, regardless of the bonus provisions. The results of the scenarios are illustrated in Appendix A. The general observations are: For the three largest sites, including the 10,000 square foot lot, the total amount of open space on the lot would be about the same under the present and proposed hybrid RMX standards. Qualitatively, however, the open space under the hybrid RMX standards would yield much greater public benefit because virtually all of it, including yards, would have to meet the design and accessibility criteria to qualify as public open space. Under present RMX standards, in contrast, the required open space, exclusive of yards, could be fenced off or hidden from view of public areas behind buildings. For the smallest of the sites (the 5,000 square foot lot), the total amount of open space would be considerably smaller under the proposed hybrid RMX standards as compared to the present RMX standards. However, this recognizes that the current mandatory 50% open space requirement in the RMX Precinct imposes a great burden on small lots. Furthermore, it shows that the owner of small lot that is presently occupied by a building that encroaches into the front yard setback could have sufficient incentive to replace the building with a new one that meets yard requirements. Overall, then, it would add to open space in Waikiki that can be enjoyed by the public. Recommendations: 1. Revise LUO Figure (Precinct Map) to apply Resort Mixed Use Precinct to all areas designated Resort and District Commercial in the Land Use Map, PUC-East of the Primary Urban Center Development Plan. 2. Delete references to Planned Development-Commercial (PD-C) projects in LUO Section (d). 3. Delete all references to Resort Commercial Precinct in LUO Table (A). 4. Repeal references to development standards for the two precincts in LUO Sections & 7 and LUO Table and replace with the following standards for a merged Resort Mixed Use Precinct: - Minimum lot area, lot width and yards remain unchanged. - Maximum density (w/out bonus) = 1.0 FAR, with same provision that one-half of adjoining right-of-way may be counted as lot area. - Floor area bonuses, to a maximum of 3.5 FAR: o 10 sq ft floor area per1 sq ft public open space, exclusive of required yards o 5 sq ft floor area per 1 sq ft open space a ground level devoted to pedestrian use and landscaped area, exclusive of required yards o o 3 sq ft floor area per1 sq ft of arcade, exclusive of required yards 1 sq ft floor area per 1 sq ft of rooftop landscaped area - Transitional height setback remains unchanged. 4

5 Allow Building Height Adjustment Based on View Analysis The WSD establishes building height limits for the purpose of protecting significant views from public vantage points, which are identified in the following subsections of LUO Section : (j) Maintain, and improve where possible: mauka views from public viewing areas in Waikiki, especially from public streets; and a visual relationship with the ocean, as experienced from Kalakaua Avenue, Kalia Road and Ala Moana Boulevard. In addition, improve pedestrian access, both perpendicular and lateral, to the beach sand the Ala Wai Canal. (k) Maintain a substantial view of Diamond Head from the Punchbowl lookouts by controlling building heights in Waikiki that would impinge on this view corridor. Only the second of these subsections explicitly mentions building height limits as a means to preserve the viewplane, and it is clear from the WSD Urban Design Controls map (LUO Exhibit ) that descending building height limits in the direction of Diamond Head were intended for this purpose. However, the Urban Design Controls map also indicates a Fort DeRussy Mauka-Makai View Corridor, situated on the mauka side of Kalakaua Avenue between McCully Street and Kuamoo Street, and sets lower building height limits in the area to protect that view as seen from Fort DeRussy. While a significant portion of these two view corridors remains intact, both of them have been compromised to some extent. This is due in part to the construction of high-rise buildings pursuant to building permits issued prior to the effective date of the original Waikiki Special Design District, but subsequent to the view studies on which the building height limits were based. It is very unlikely that lost portions of these view corridors will be recovered because of the high investment value of the high-rise buildings and LUO provisions that allow the reconstruction of the high-rise buildings to their same height and density. For that reason, it is possible to allow some new structures to be built that exceed the building height limits shown on the Urban Design Controls map without adversely affecting the protected viewplanes because they would be hidden behind existing buildings. Software is readily available to simulate the view impact, so the option to exceed building height limits on a case-by-case basis should be offered to applicants if they can demonstrate that their proposed building will be not seen within the identified view corridors. Recommendation: Maintain building height limits per LUO Exhibit , but allow additional height on a case-by-case basis if the increased height does not adversely impact existing views of Diamond Head and the ocean from the vantage point of the Punchbowl lookouts or Fort DeRussy mauka-makai view corridor. Provide Incentives for Improving Properties in the Apartment Precinct The 1992 Waikiki Master Plan (WMP) documented properties throughout the district that were susceptible to change, using as a primary indicator a low building value-to-land value ratio. The WMP then identified sites (see Figure 3) where there were opportunities for significant redevelopment that could transform Waikiki in a positive way if guided by sound urban design principles. Several of these sites were located in the Apartment Precinct. Since 1992, several new development projects have been built in Waikiki, but most are located in the Resort Commercial or Resort Mixed Use Precinct (see Figure 54.) The two most 5

6 significant of these projects Waikiki Beach Walk and Grand Waikikian were developed under the Planned Development (PD) provisions that were adopted as an amendment to the Waikiki Special District in Without the PD provisions, it is very unlikely that this scale of property reinvestment and renewal would have occurred. PD would be a useful tool to encourage property reinvestment in the Apartment Precinct, as well. Many of the properties in the Apartment Precinct are developed as residential condominiums, so they are unlikely to be redeveloped, but the PD provision may provide an incentive for the improvement of some properties that are currently developed with non-conforming hotels or rental apartment buildings that exceed present Apartment Precinct floor area ratio standards. The Apartment Precinct limits allowable floor area to a sliding-scale ratio based on lot size and requires that 50 percent of the lot be in open space. The standards are more restrictive than those of the Resort Mixed Use Precinct. The restrictions are greatest on small lots -- i.e., less than 10,000 sq. ft. -- which represent approximately 31% of all lots in the Apartment Precinct (see Figure 5.) The rationale for basing the floor area ratio on lot size is to encourage the assembly of small properties in order to create larger development sites. However, this strategy has been generally ineffective in Waikiki and elsewhere in apartment-zoned areas of urban Honolulu because small lot owners tend to hold on their properties for a variety of reasons. Reducing the minimum open space requirement and the floor area ratio restriction and providing more flexibility on yard requirements on small lots would give these small property owners greater incentive to invest in improvements. Furthermore, it would provide a variety of housing types in Waikiki, by retaining small, low-rise buildings to complement the high-rise apartments that are prevalent on the larger lots. Recommendations: 1. Add provisions for Planned Development-Apartment (PD-A) projects in LUO Section (d), with the following standards for maximum floor area ratio (FAR): 2. Maximum project floor area shall not exceed an FAR of 3.0, except: a. If the existing FAR is greater than 3.0, an increase in maximum density by up to 20 percent may be allowed, not to exceed 4.0. b. If the existing FAR is greater than 4.0, then the existing maximum density may be the maximum density. 3. Amend LUO Table (B) by adjusting the sliding scale for floor area ratios and the minimum open space requirements, as follows: Lot Area (sq. ft.) FAR calculation Less than 20,000 FAR= ( x lot area) ,000 or more FAR= 1.9 Minimum open space % of lot FAR less than FAR 1.0 to FAR 1.26 to FAR greater than Amend LUO Table (B) and add a new subsection to LUO to allow yards to be adjusted for lots less than 10,000 square feet in area, as follows: a. Allow porches and pedestrian entry canopies partially within the required front yard; i.e., 5-foot setback from front property line instead of standard 10 feet. 6

7 b. For buildings that are lower than 40 feet in height, the side and rear yards may be 5 feet, plus one foot additional setback for every four feet of building height above 20 feet. Expand the Apartment Mixed Use Subprecinct A subset of the Apartment Precinct -- the Apartment Mixed Use Sub-precinct -- was created in 1994 primarily to recognize existing nonconforming commercial uses along the mauka frontages of Kuhio Avenue and Ala Moana Boulevard. A significant concentration of nonconforming use at the Eaton Square development in the Hobron Lane area was omitted from this new Sub-precinct, but it should be included because of its size and the services that the commercial uses on this property provide to the surrounding high-density apartment neighborhood. It would also be desirable to allow neighborhood-serving uses on two streets on the mauka side of Kuhio Avenue (Seaside Avenue and Kanekapolei Street). These two streets are about one-quarter mile apart and are located in the approximate center of the high-density Ala Wai apartment district, placing them within convenient walking distance for most residents of this area. Both streets already have commercial uses where they join Kuhio Avenue. Extension of limited commercial uses further mauka along these streets would not only put services within closer reach of residents, but also help create a sense of neighborhood center and identity, especially when the City s proposed neighborhood-scaled park along Seaside Avenue is developed, and encourage a more active presence along sidewalks that connect the center of Waikiki to the Ala Wai Canal. For similar reasons, it would be logical to extend the existing boundary of the Subprecinct on the mauka frontage of Ala Moana Boulevard to the Ala Wai Canal, since this corridor is an important connection between Waikiki and the Ala Moana Shopping Center that receives significant pedestrian traffic. Zoning that allows commercial use would be consistent with the PUCDP Land Use Map designation for this frontage, which is Resort (see Figure 2.) Recommendation: 1. Amend the map in LUO Exhibit to expand AMX to the following street frontages: - Hobron Lane (mauka frontage) between Lipeepee Street and Ena Road. - Seaside Avenue and Kanekapolei Street (both frontages) between Kuhio Avenue and Ala Wai Boulevard; and - Ala Moana Boulevard (mauka frontage) from the present AMX boundary to the Ala Wai Canal. Eliminate Off-Street Parking Requirements for Small Commercial Properties The Waikiki Livable Communities Project (2003), as well as previous parking demand and use studies in Waikiki, found that hotels and businesses in the district have substantial amounts of off-street parking that is idle for much of the time. Retail and eating establishments do not need additional parking supply to accommodate customers, most who are walk-in. Instead, they need better, more coordinated management of both the off-street and on-street spaces that are already available. Amendments to the Waikiki Special District in December 2003 eliminated the off-street parking requirement for all uses on the ground and basement levels. However, there are many small lots -- less than 10,000 square feet in area -- that contain two- or even three-story buildings 7

8 with commercial uses on the upper floors, as well. It is very difficult to provide off-street parking on these small lots or to find parking spaces to acquire within the required 400-foot distance to satisfy LUO parking requirements. The slight impact these upper floor uses on small properties have on parking demand is disproportionate to the hardship on these property owners and their tenants. Relieving these properties from off-street parking requirements would further the stated objective in LUO Section (l) to emphasize a pedestrian orientation in Waikiki and the design controls in LUO Section to minimize curb cuts (driveways) and parking facilities along street frontages. Recommendation: 1. Amend LUO Section by exempting commercial uses on lots less than 10,000 square feet in area from off-street parking requirements. Make Minor Adjustments for Vending Carts and Outdoor Dining in Front Yards Present WSD design controls for uses in required front yards allow outdoor dining areas that are adjacent and accessory to an indoor eating establishment and vending carts for selling fresh flower leis and food and non-alcoholic beverages, subject to certain limitations. Outdoor dining areas may not exceed more than 40 percent of the required yard or have awnings that exceed 50 percent of the depth of the lot. Furthermore, the outdoor dining area is required to have a planter or hedge to define the perimeter of the dining area, whereas an attractive railing could be just as effective and aesthetically pleasing, especially if other nearby landscaping is part of the ambience. These limitations are particularly discouraging for lots with smaller frontages. On the other hand, the limitation of one vending cart per zoning lot discourages this type of activity on lots that have wider frontage. Both outdoor dining and vending carts enliven the sidewalk environment and stimulate to desirable pedestrian-oriented activity. Current limitations should be relaxed a bit to encourage more of this type of use. Recommendation: 1. Amend LUO Section (a)(5) to relax coverage limitations and perimeter planter requirement for accessory outdoor dining areas, especially on lots with less than 100 feet of frontage, and to allow one vending cart per 100 feet of lot frontage or fraction thereof rather than one cart per zoning lot. 8

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16 APPENDIX A Scenarios Comparing Existing with Proposed WSD Resort Mixed Use Precinct Development Standards for Various Lot Sizes

17 Calculations for Comparing Development Scenarios Under Existing vs. Proposed RMX Precinct Standards Scenario 1 Scenario 2 Scenario 3 Scenario 4 Lot Size 5,000 SF 10,000 SF 40,000 SF 90,000 SF Setbacks 15' Front Yard 15' Front Yard 15' Front Yard 15' Front Yard Street Width 90'-0" Front 90'-0" Front / 60'-0" Side 90'-0" Front / 60'-0" Side 90'-0" Front / 60'-0" Side Lot Size Including R.O.W. 7,250 SF 18,850 SF 56,350 SF 113,850 SF Current RMX Floor Area Ratio F.A.R. = ( x lot area) F.A.R. = ( x lot area) F.A.R. = ( x lot area) F.A.R. = 2.8 F.A.R. = ( x 7,250) F.A.R. = ( x 18,850) F.A.R = ( x 56,350) F.A.R. = 1.27 F.A.R. = 1.35 F.A.R = 2.33 Maximum Floor Area F.A.R. x (Lot Area + 1/2 ROW) F.A.R. x (Lot Area + 1/2 ROW) F.A.R. x (Lot Area + 1/2 ROW) F.A.R. x (Lot Area + 1/2 ROW) 1.27 x 7,250 SF = 9,190 SF 1.35 x 18,850 SF = 25,448 SF 2.33 x 56,350 SF = 131,296 SF 2.8 x 113,850 SF = 318,780 SF Open Space, Non-Public 2,500 SF (incl. 750 SF yard) 3,500 SF (incl. 3,000 SF yards) 20,000 SF (incl. 7,500 SF yards) 45,000 SF (incl. 15,000 SF yards) Proposed RMX Floor Area Ratio F.A.R. = 1.0 F.A.R. = 1.0 F.A.R. = 1.0 F.A.R. = 1.0 Maximum Floor Area w/o Bonus 7,250 SF 18,850 SF 56,350 SF 113,850 SF Maximum Floor Area w/ Bonus 10,000 SF 25,448 SF 197,225 SF 398,475 SF Open Space, Public 275 SF 660 SF 14,088 SF 28,463 SF Open Space, Yards 750 SF 3,000 SF 7,500 SF 15,000 SF Total Open Space 1,025 SF (inc SF yard) 3,650 SF (incl. yards) 21,588 SF (incl. yards) 43,463 SF (incl. yards) NOTE: The calculations for the above four hypothetical lot scenarios, representing a range in lot size, are paired with the illustrative diagrams on the following pages. The diagrams show bulidng massing and open space relationships for each of the four lot scenarios, comparing side by side the development potential under the present Resort Mixed Use (RMX) Precinct development standards with the development potential under the proposed revised development standards. A key point illustrated in the diagrams, through both labelling and fencing, is the distinction between public open space and non public open space. The former is visually and physically accessible to the public, whereas the latter is not required to be either physically or visually accessible to the the public. Scenario 1 (the smallest site area) is the only one that does not assume a corner lot (i.e., one with streets on two sides.) If there were an added street frontage on this lot, the additional required front yard would add 1,500 square feet of open space, which would mean that the lot would have about the same amount of total open space under both the current and the proposed RMX development standards.

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22 APPENDIX B Proposed Bill for LUO Amendment

23 TO AMEND CHAPTER 21, REVISED ORDINANCES OF HONOLULU 1990, AS AMENDED (THE LAND USE ORDINANCE), RELATING TO THE WAIKIKI SPECIAL DISTRICT. BE IT ORDAINED by the People of the City and County of Honolulu: SECTION 1. Purpose. The purpose of this ordinance is to amend the provisions in the Land Use Ordinance pertaining to the Waikiki Special District. SECTION 2. Section , Revised Ordinances of Honolulu 1990, as amended ( Planned development-resort and planned development-commercial projects ), is amended as follows: Sec Planned development-resort and [planned developmentcommercial] planned development-apartment projects. (a) (b) (c) Applications for approval of planned development-resort (PD-R) and [planned development-commercial] planned development-apartment [(PD-C)] (PD-A) projects in the Waikiki special district shall be processed in accordance with the following subsections. Before the submission of an application, the applicant shall first present the proposal to the neighborhood board in whose district the project is to be located. Notice of the presentation, or the applicant's good faith efforts to make such a presentation, shall be given to all owners of properties adjoining the proposed project. Upon acceptance of the completed application by the director, the director shall notify the council of the acceptance, providing the council with the date of the director's acceptance of the application and a brief description of the proposal contained in the application. The director shall hold a public hearing concerning the conceptual plan for the project at a date set no less than 21 nor more than 60 calendar days after the date on which the completed application is accepted, unless the 60-day period is waived by the applicant. This hearing may be held jointly and concurrently with any other hearing required for the same project. The director shall give written notice of the public hearing to the neighborhood board in whose district the project is to be located no less than 15 days prior to the public hearing. 1

24 (d) (e) (f) (g) The conceptual plan for the project shall also be presented to the design advisory committee for its appropriate recommendations prior to transmittal of the application to the council for a conceptual plan review and approval. Upon conclusion of the public hearing and design advisory committee review, and not more than 80 days after acceptance of the application, unless the applicant waives the 80-day period, the director shall submit a report and recommendations to the council. The council shall approve the application in whole or in part, with or without conditions or modifications, by resolution, or shall deny the application. The council may deny the application by resolution, but if the council does not take final action within 60 days after its receipt of the application, the application shall be deemed denied. The applicant may request, and the council may approve, an extension of time if it is made in writing, prior to the requested effective date of the extension. An application for council approval of a conceptual plan for a PD- R or [(PD-C)](PD-A) project may be processed concurrently with development plan amendments under Chapter 24, special management area use permits under Chapter 25, and zoning district changes. Upon approval of a conceptual plan for the project by the council, the application shall continue to be processed for further detailed review and final approval by the director. (1) The director shall present the detailed plan for the project to the design advisory committee for its recommendation. (2) Within 45 days of council approval, the director shall approve the application in whole or in part, with or without conditions or modifications, or deny the application, with reasons for final action set in writing to the applicant. (3) The applicant may request in writing to the director an extension of time as may be necessary for good cause. (h) A final approval by the director shall be considered a major special district permit for the project, notwithstanding that the application has been processed in accordance with this section and not Section

25 SECTION 3. Section , Revised Ordinances of Honolulu 1990, as amended ( Specific district sign standards ) is amended by amending subsection (l) to read as follows: (l) Waikiki District. Except as otherwise provided by this chapter, the following signs may be permitted for each ground floor establishment with building frontage, provided the signs shall not be directly illuminated, and may be wall, marquee fascia or hanging signs. (1) Apartment Precinct and Apartment Mixed Use Subprecinct. (A) (B) (C) In connection with any principal use permitted, other than one family and two family dwellings, only one identification sign per building frontage, not exceeding 12 square feet in area. If all buildings on the street frontage of the zoning lot are set back a minimum of 50 feet from the property line on their entry sides, one ground identification or directory sign, not directly illuminated and not exceeding eight square feet in area, shall also be permitted for each entry side. These ground signs shall not be located in any required yard. In lieu of one of the above signs, one garden sign may be permitted. In addition to the above, the following may be permitted in the apartment mixed use subprecinct: (i) (ii) One directory sign per zoning lot, not exceeding 12 square feet in area, which may be a ground sign not exceeding six feet in height, a wall sign or a garden sign; and One building identification sign per building frontage, not exceeding four square feet in area. (2) Resort Mixed Use [and Resort Commercial Precincts] Precinct. (A) In connection with any principal use permitted, other than onefamily and two-family dwellings, only one business sign, per building frontage, with a maximum area of one square foot per two linear feet of the building frontage or 24 square feet, whichever is less. 3

26 (B) In addition to the sign referred to in paragraph (A) above, the following may be permitted: (i) (ii) One directory sign per zoning lot, not exceeding 12 square feet in area, which may be a ground sign not exceeding six feet in height, a wall sign or a garden sign; and One building identification sign per building frontage, not exceeding four square feet in area. (3) A permitted outdoor vending cart, kiosk or similar vending structure, when visible from a street, sidewalk or public space, may be permitted the following: (A) (B) One business identification sign not exceeding three square feet in area; and One price sign, not exceeding two square feet in area, to advertise the cost of goods and services provided by the establishment. These signs shall be wholly attached to the vending structure. (4) For each second floor establishment with building frontage in the apartment mixed use subprecinct [, resort commercial precinct] and resort mixed use precinct, one wall identification sign may be permitted. The maximum sign area shall be six square feet and the sign shall not be illuminated. (5) All signs shall feature English or Hawaiian as the dominant language thereon; other languages are permitted but the lettering thereof must be subordinate to the English or Hawaiian lettering. SECTION 4. Section , Revised Ordinances of Honolulu 1990, as amended ( General requirements and design controls ) is amended by amending subsection (a) to read as follows: (a) Uses and Structures Allowed in Required Yards and Setbacks. The provisions of Section shall apply except as provided by this subsection. No business activity of any kind, including advertising, promotion, solicitation, merchandising or distribution of commercial handbills, or structures or any other use or activity, except as provided by this subsection, shall be located or carried out within any 4

27 required yard, street or building setback area, except those areas occupied by enclosed nonconforming buildings. The following may be allowed in required yards and setbacks, and when used as provided by this subsection shall not be considered to change a yard's status as open space: (1) Newspaper sales and distribution. (2) Garden signs. (3) Porte cocheres no less than five feet back from the property line or road widening setback. (4) Roof eaves, awnings (including retractable awnings) and other sunshade devices not more than 42 inches vertically or horizontally beyond the building face, except as otherwise provided by this subsection. On buildings over 60 feet in height, roof eaves may extend more than 42 inches into a required yard, street setback or height setback area if the resulting roof form is integral to a cohesive, coherent design character for the structure. In no case, however, shall such extension exceed one-half the width of the required yard or height setback. (5) Outdoor dining areas accessory to permitted eating establishments in required front yards, subject to the following: (A) (B) (C) (D) A decorative railing, planter or hedge of not more than 30 inches in height may be provided to define the perimeter of the outdoor dining area. An outdoor dining area shall be no less than five feet from any property line. Outdoor dining facilities shall be limited to portable chairs, tables, serving devices and umbrellas. When umbrellas are used, they shall not be counted against open space calculations. [No more than 40 percent of the front yard may be used as an accessory outdoor dining area, subject to an acceptable design.] The remainder of the front yard shall be landscaped except for necessary access drives and walkways, and where lei stands are used as permitted under subdivision (6). 5

28 (E) (F) Retractable awnings directly associated with an outdoor dining area may extend from the building face into the front yard [by no more than 50 percent of the depth of the front yard]. Sidewalk improvements such as, but not limited to, street trees, paving and landscaping, may be required. (G) Outdoor dining areas shall not be used after 11 p.m. and before 7 a.m. (H) (I) No dancing, entertainment, or live or recorded music shall be permitted in outdoor dining areas, provided that strolling musicians using nonamplified acoustic stringed instruments or traditional Hawaiian wind instruments shall be permitted to perform no later than 10 p.m. when the dining areas are in use. The requirements under paragraphs (A) through (F) may be modified, subject to a major or minor special district permit, as required by Table (C), to a reasonable extent as may be necessary and appropriate to adequately accommodate outdoor dining areas associated with structures that are nonconforming due to required yards, landscaping and/or open spaces. (6) Lei making and selling in required front yards on zoning lots where retail establishments are a permitted principal use, provided the following standards are met: (A) (B) (C) (D) The activity shall be no less than five feet from any property line. No more than 10 percent of the front yard may be used for lei stands. The remainder of the front yard shall be landscaped except for necessary access drives or walkways, and where outdoor dining is used as permitted under subdivision (5). Signs. Refer to Article 7 for permitted signs. The operator of a lei stand shall provide for the concealed disposal of trash associated with the use. (7) Vending carts in required front yards on zoning lots where retail establishments are a permitted principal use, provided the following 6

29 standards are met: (A) (B) (C) (D) The front yard shall conform to the applicable front yard standard set forth in Table (B). Only food, nonalcoholic drinks and fresh cut or picked flowers may be sold. Food consistent with a Hawaiian sense of place shall be encouraged. The cart shall be no less than five feet from any property line. Only one cart per front yard per [zoning] 100 feet of lot frontage or fraction thereof shall be permitted. (E) Permitted signs shall be in accordance with Article 7. (F) The cart operator shall provide for the concealed disposal of trash associated with the use. (8) Walls and fences for dwelling uses, other than nonconforming hotels and/or transient vacation units, in the apartment precinct, up to a maximum height of six feet, provided the wall or fence shall be set back not less than 24 inches from the front property line and shall be acceptably screened with planting material from the street side. The wall or fence shall consist of an open material, preferably wrought iron or lattice work, but not chain link. Solid walls are discouraged, but may be permitted when constructed of an acceptable material, such as wood, moss rock or stucco-finished masonry, set back at least five feet from the front property line and acceptably screened with planting material from the street side. SECTION 5. Section , Revised Ordinances of Honolulu 1990, as amended ( General requirements and design controls ) is amended by amending subsection (d) as follows: (d) Planned Development-Resort (PD-R) and [Planned Development-Commercial (PD-C)] Planned Development-Apartment (PD-A) Projects. The purpose of the PD-R and [PD-C] PD-A options is to provide opportunities for creative redevelopment not possible under a strict adherence to the development standards of the special district. Flexibility may be provided for project density, height, precinct transitional height setbacks, yards, open space and landscaping 7

30 when timely, demonstrable contributions benefiting the community and the stability, function, and overall ambiance and appearance of Waikiki are produced. Reflective of the significance of the flexibility represented by this option, it is appropriate to approve projects conceptually by legislative review and approval prior to more detailed review and approval by the department. PD-R and [PD-C] PD-A projects shall be subject to the following: (1) PD-R and [PD-C] PD-A Applicability. (A) (B) PD-R projects shall only be permitted in the resort mixed use precinct, and [PD-C] PD-A projects shall only be permitted in the [resort-commercial] apartment precinct. The minimum project size shall be one acre. Multiple lots may be part of a single PD-R or [PD-C] PD-A project if all lots are under a single owner and/or lessee holding leases with a minimum of 30 years remaining in their terms. Multiple lots in a single project must be contiguous, provided that lots that are not contiguous may be part of a single project if all of the following conditions are met: (i) (ii) The lots are not contiguous solely because they are separated by a street or right-of-way that is not a major street as shown on Exhibit ; and Each noncontiguous portion of the project, whether comprised of a single lot or multiple contiguous lots, shall have a minimum area of 20,000 square feet, but subject to the minimum overall project size of one acre. When a project consists of noncontiguous lots as provided above, bridges or other design features connecting the separated lots are strongly encouraged, to unify the project site. Multiple lots that are part of an approved single PD-R or PD-[C]A project shall be considered and treated as one zoning lot for purposes of the project, provided that no conditional use permit-minor for a joint development shall be required therefor. (2) PD-R and [PD-C] PD-A Use Regulations. Permitted uses and structures shall be as enumerated for the underlying precinct in Table (A). 8

31 (3) PD-R and [PD-C] PD-A Site Development and Design Standards. The standards set forth by this subdivision are general requirements for PD-R and [PD-C] PD-A projects. When, in the paragraphs below, the standards are stated to be subject to modification or reduction, such modification or reduction shall be for the purpose of accomplishing a project design consistent with the goals and objectives of the Waikiki special district and this subsection (d). (A) In PD-R projects, [M]maximum project floor area shall not exceed an FAR of 4.0, except: (i) (ii) If the existing FAR is greater than 3.33, then an increase in maximum density by up to 20 percent may be allowed, up to but not exceeding a maximum FAR of 5.0; or If the existing FAR is greater than 5.0, then the existing FAR may be the maximum density. In PD-A projects, maximum project floor area shall not exceed an FAR of 3.0, except: (i) (ii) If the existing FAR is greater than 3.0, then an increase in maximum density by up to 20 percent may be allowed, up to but not exceeding a maximum FAR of 4.0; or If the existing FAR is greater than 4.0, then the existing FAR may be the maximum density. In computing project floor area, the FAR may be applied to the zoning lot area, plus one-half the abutting right-of-way area of any public street or alley. Floor area devoted to acceptable public uses within the project, such as a museum or performance area (e.g., stage or rehearsal area), may be exempt from floor area calculations. The foregoing maximum densities may be reduced. (B) Maximum building height shall be 350 feet, but this standard may be reduced. 9

32 (C) (D) (E) (F) (G) Precinct transitional height setbacks shall be as set forth in Table (B), but these standards may be modified. Minimum yards shall be 15 feet, but this standard may be modified. Minimum open space shall be at least 50 percent of the zoning lot area, but this standard may be modified when beneficial public open spaces and related amenities are provided. Landscaping requirements shall be as set forth in subsection (f), but these standards may be modified. Except as otherwise provided in this subdivision, all development and design standards applicable to the precinct in which the project is located shall apply. (4) Approval of PD-R or [PD-C] PD-A Projects. (A) Application Requirements. An application for approval of a PD-R or [PD-C] PD-A project shall contain: (i) (ii) (iii) (iv) A project name; A location map showing the project in relation to the surrounding area; A site plan showing the locations of buildings and other major structures, proposed open space and landscaping system, and other major activities. It shall also note property lines, the shoreline, shoreline setback lines, beach access and other public and private access, when applicable; A narrative description of the overall development and design concept; the general mix of uses; the basic form and number of structures; the estimated number of proposed hotel and other dwelling or lodging units; general building height and density; how the project achieves and positively contributes to a Hawaiian sense of place; proposed public amenities, development of open space and landscaping; how the project achieves a pedestrian orientation; and potential impacts on, but not necessarily limited to, traffic 10

33 circulation, parking and loading, security, sewers, potable water, and public utilities; (v) (vi) (vii) An open space plan and integrated pedestrian circulation system; A narrative explanation of the project's architectural design relating the various design elements to a Hawaiian sense of place and the requirements of the Waikiki special district; and A parking and loading management plan. (B) (C) (D) Procedures. Applications for approval of PD-R or [PD-C] PD-A projects shall be processed in accordance with Section No project shall be eligible for PD-R or [PD-C] PD-A status unless the council has first approved a conceptual plan for the project. Guidelines for Review and Approval of the Conceptual Plan for a Project. Prior to its approval of a conceptual plan for a PD-R or [PD-C] PD-A project, the council shall find that the project concept, as a unified plan, is in the general interest of the public, and that: (i) (ii) (iii) Requested project boundaries and design flexibility with respect to standards relating to density (floor area), height, precinct transitional height setbacks, yards, open space and landscaping are consistent with the Waikiki special district objectives and the provisions of this subsection (d); Requested flexibility with respect to standards relating to density (floor area), height, precinct transitional height setbacks, yards, open space, and landscaping is commensurate with the public amenities proposed; and When applicable, there is no conflict with any visitor unit limits for Waikiki as set forth under Chapter 24. (E) Deadline for Obtaining Building Permit for Project. 11

34 (i) (ii) A council resolution of approval for a conceptual plan for a PD-R or [PD-C] PD-A project shall establish a deadline within which the building permit for the project shall be obtained. For multiphase projects, deadlines shall be established for obtaining building permits for each phase of the project. The resolution shall provide that the failure to obtain any building permit within the prescribed period shall render null and void the council's approval of the conceptual plan and all approvals issued thereunder; provided that in multiphase projects, any prior phase that has complied with the deadline applicable to that phase shall not be affected. A revocation of a building permit pursuant to Section after the deadline shall be deemed a failure to comply with the deadline. The resolution shall further provide that a deadline may be extended as follows: The director may extend the deadline if the applicant demonstrates good cause, but the deadline shall not be extended beyond one year from the initial deadline without the approval of the council, which may grant or deny the approval in its complete discretion. If the applicant requests an extension beyond one year from the initial deadline and the director finds that the applicant has demonstrated good cause for the extension, the director shall prepare and submit to the council a report on the proposed extension, which report shall include the director's findings and recommendations thereon and a proposed resolution approving the extension. The council may approve the proposed extension or an extension for a shorter or longer period, or deny the proposed extension, by resolution. If the council fails to take final action on the proposed extension within the first to occur of (aa) 60 days after the receipt of the director's report or (bb) the applicant's then-existing deadline for obtaining a building permit, the extension shall be deemed to be denied. The director shall notify the council in writing of any extensions granted by the director that do not require council approval. (F) Approval by Director. Upon council approval of the conceptual plan for the PD-R or [PD-C] PD-A project, the application for the project, 12

35 as approved in concept by the council, shall continue to be processed by the director as provided under Section Additional documentation may be required by the director as necessary. The following criteria shall be used by the director to review applications: (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) The project shall conform to the approved conceptual plan and any conditions established by the council in its resolution of approval; The project also shall implement the objectives, guidelines, and standards of the Waikiki special district and this subsection (d); The project shall exhibit a Hawaiian sense of place. The document "Restoring Hawaiianness to Waikiki" (July 1994) and the supplemental design guidebook to be prepared by the director should be consulted by applicants as a guide for the types of features which may fulfill this requirement; The project shall demonstrate a high level of compliance with the design guidelines of this special district and this subsection (d); The project shall contribute significantly to the overall desired urban design of Waikiki; The project shall reflect appropriate "contextual architecture"; The project shall demonstrate a pedestrian system, open spaces, landscaping and water features (such as water gardens and ponds) which are integrated and prominently conspicuous throughout the project site at ground level; The open space plan shall provide useable open spaces, green spaces, water features, public places and other related amenities that reflect a strong appreciation for the tropical environmental setting reflective of Hawaii; 13

36 (ix) (x) The system of proposed pedestrian elements shall contribute to a strong pedestrian orientation which shall be integrated into the overall design of the project, and shall enhance the pedestrian experience between the project and surrounding Waikiki areas; and The parking management plan shall minimize impacts upon public streets where possible, shall enhance local traffic circulation patterns, and shall make appropriate accommodations for all anticipated parking and loading demands. The approved parking management plan shall constitute the off-street parking and loading requirements for the project. SECTION 6. Section , Revised Ordinances of Honolulu 1990, as amended ( General requirements and design controls ) is amended by amending subsection (h) to read as follows: (g) Height Regulations. (1) Rooftop Height Exemption. The director may exempt necessary mechanical appurtenances, and utilitarian and architectural features from the height regulations of the special district, provided they are erected only to such height as is necessary to accomplish the purpose they serve, but in no case exceeding 18 feet above the maximum height limit for roof forms and 12 feet above the maximum height limit for all other appurtenances and features. These building elements may be exempted only if the director finds they do not obstruct any significant views which are to be preserved, protected and enhanced and are consistent with the intent and objectives of the Waikiki special district. The design of roof treatment shall be attractive, contextual and an integral part of the building's design scheme. Except for flagpoles and smokestacks, all items listed in Section (c) shall also be exempt from the height provision of this subsection. (2) Coastal Height Setbacks. In addition to the above limits, there is a need to step back tall buildings from the shoreline to maximize public safety and the sense of open space and public enjoyment associated with coastal resources. Accordingly, the following minimum setbacks shall apply to all zoning lots along the shoreline: 14

37 (A) (B) There shall be a building height setback of 100 feet in which no structure shall be permitted. This setback shall be measured from the certified shoreline; and Beyond the 100-foot line there shall be a building height setback of 1:1 (45 degrees) measured from the certified shoreline. (See Exhibit ) (3) The Director may approve a building that exceeds the building height limits established in Exhibit and on the zoning map, provided that the Director determines that the building with the added height would not be visible within the view cones from the Punchbowl lookouts towards Diamond Head and the horizon line of the ocean or from the Kalakaua Avenue frontage of Fort DeRussy towards the slopes and ridgeline of the Koolau Range, and the building does not exceed a height of 350 feet. SECTION 7. Section , Revised Ordinances of Honolulu 1990, as amended ( General requirements and design controls ) is amended by amending subsection (h) to read as follows: (h) Parking. Off-street parking shall be provided in accordance with Article 6 and Table Notwithstanding the foregoing, ground floor and basement uses, other than dwelling uses, and retail establishments and eating establishments on lots less than 10,000 square feet in area, in the Waikiki special district shall be exempt from off-street parking requirements. SECTION 8. Section ), Revised Ordinances of Honolulu 1990, as amended ( Resort mixed use precinct ) is amended as follows: Sec Resort mixed use precinct (a) (b) (c) Permitted Uses. Within the resort mixed use precinct, permitted uses and structures shall be as enumerated in Table (A). Development Standards. Uses and structures within the resort mixed use precinct shall conform to the development standards enumerated in Table (B). Additional Development Standards. [(1) Minimum Open Space Requirements. A minimum percentage of the 15

38 zoning lot shall be devoted to open space for all developments in the resort mixed use precinct. Minimum open space for a zoning lot shall be as provided below, except that when required yards exceed this standard, the minimum standard for required yards shall be considered the minimum open space requirement for the zoning lot. FAR Percent of zoning lot Less than Greater than ] (1) Floor Area Bonus. (A) (B) (C) (D) For each square foot of public open space provided, exclusive of required yards, 10 square feet of floor area may be added; For each square foot of open space devoted to pedestrian use and landscape area at ground level provided, exclusive of required yards, one square feet of floor area may be added; For each square foot of arcade area provided, exclusive of required yards, three square feet of floor area may be added; and For each square foot of rooftop landscaped area provided, one square foot of floor area may be added. (2) Transitional Height Setbacks. For any portion of a structure above 40 feet in height, additional front, side and rear height setbacks equal to one foot for each 10 feet in height, or fraction thereof, shall be provided. Within the height setback, buildings with graduated, stepped forms shall be encouraged (see Figure ). (d) Additional Use Standards. Utility installations, Type A, when involving transmitting antennas, shall be fenced or otherwise restrict public access within the area exposed to a power density of 0.1 milliwatt/cm2. SECTION 9. Section , Revised Ordinances of Honolulu 1990, as amended ( Resort commercial precinct ) is amended as follows: 16

39 [Sec Resort commercial precinct. (a) (b) (c) Permitted Uses. Within the resort commercial precinct, permitted uses and structures shall be as enumerated in Table (A). Development Standards. Uses and structures within the resort commercial precinct shall conform to the development standards enumerated in Table (B). Additional Development Standards. (1) Open Space Bonus. (A) (B) (C) For each square foot of public open space provided, 10 square feet of floor area may be added, exclusive of required yards; For each square foot of open space devoted to pedestrian use and landscape area at ground level provided, five square feet of floor area may be added; and For each square foot of arcade area provided, three square feet of floor area may be added, exclusive of required yards. (2) Transitional Height Setbacks. For any portion of a structure above 40 feet in height, an additional front height setback equal to one foot for each 10 feet in height, or fraction thereof, shall be provided. When a zoning lot adjoins a zoning lot in the apartment precinct, the same additional side and rear height setbacks shall also be provided. Within the height setback, buildings with graduated, stepped forms shall be encouraged (see Figure ). (d) Additional Use Standards. Utility installations, Type A, when involving transmitting antennas, shall be fenced or otherwise restrict public access within the area exposed to a power density of 0.1 milliwatt/cm 2.] 17

40 SECTION 10. Section (A), Revised Ordinances of Honolulu 1990, as amended ( Waikiki Special District Precinct Permitted Uses and Structures ) is amended as follows: Use or Structure Amusement and recreational facilities, indoor Amusement facilities, outdoor Table (A) Waikiki Special District Precinct Permitted Uses and Structures Apartment Precinct Resort Mixed Use P [Resort- Commercial] [P] Public Antennas, receive-only Ac Ac [Ac] Ac Art galleries and museums Automobile rental establishments (excluding repair facilities and open parking lots) Automobile service stations, excluding repair facilities C (Museums only) Bars, cabarets, nightclubs, taverns 1 P [P] Boarding facilities P P [P] Broadcasting facilities P [P] Business services P [P] Commercial parking lots and garages P [P] Convenience stores P-AMX P [P] Dance or music schools P [P] Day-care facilities C P [P] Dwellings, multifamily 2 P P [P 3 ] Eating establishments 1 P-AMX P [P] Financial institutions P-AMX P [P] C P P [P] [P] [P] 18

41 Table (A) Waikiki Special District Precinct Permitted Uses and Structures Precinct Use or Structure Resort [Resort- Apartment Mixed Use Commercial] Group living facilities C C [C] Public Historic structures, use of C Cm [Cm] Cm Home occupations Ac Ac [Ac] Hotels Joint development Cm Cm [Cm] Joint use of parking Cm Cm [Cm] Laboratories, medical P [P] Marina accessories P [P] Medical clinics P-AMX P [P] Meeting facilities C P [P] Neighborhood grocery stores Cm N/A [N/A] Offices P [P] Off-site parking facilities Cm Cm [Cm] Personal services P-AMX P [P] Photographic processing P [P] Photographic studios P [P] Public uses and structures P P [P] P Real estate offices P-AMX P [P] Retail establishments P-AMX P [P] Schools, language P [P] Schools, vocational, provided they do not involve the operation of woodwork shops, machine shops or similar industrial features P [P] Theaters P [P] P 19

42 Time sharing Use or Structure Transient vacation units Table (A) Waikiki Special District Precinct Permitted Uses and Structures Apartment Precinct Resort Mixed Use P P [Resort- Commercial] Travel agencies P-AMX P [P] Public Utility installations, Type A P9 P9 [P9] P9 Utility installations, Type B Cm Cm [Cm] Cm Ministerial uses: Ac = Special accessory use. Also see: Article 10, Accessory use; and Section , Home occupations P P9 = Permitted principal use = Permitted principal use subject to standards enumerated in Article 9; see Section (d), (d), (d) or (d) P-AMX= Within the apartment precinct, a permitted principal use only within the apartment mixed use subprecinct Discretionary uses: Cm C Other: N/A = Requires an approved Conditional Use Permit - minor subject to standards in Article 5; no public hearing required = Requires an approved Conditional Use Permit - major subject to standards in Article 5; public hearing required = Not applicable as a land use category in that precinct, since it is already regulated under another land use category. Note: An empty cell in the above matrix indicates that use or structure is not permitted in that precinct. 1 Provided a solid wall 6 feet in height shall be erected and maintained on any side or rear boundary adjoining the apartment precinct. 2 Provided that where these uses are integrated with other uses, pedestrian access shall be independent from the other uses, and no building floor shall be used for both dwelling and commercial purposes. [ 3 Multifamily dwelling units shall only be permitted between Ala Wai Boulevard and Kuamoo Avenue in the resort commercial precinct.] 20

43 SECTION 11. Table (B) (Waikiki Special District Precinct Development Standards), Revised Ordinances of Honolulu 1990, is amended as follows: Development standard Minimum lot area (square feet) Minimum lot width and depth (feet) Yards 1 (feet) Table (B) Waikiki Special District Precinct Development Standards Precinct Apartment Resort mixed use [Resortcommercial] 10,000 10,000 [5,000] [50] Public Front [ ] As Side and [ ] approved rear by director Maximum density (FAR) apartment precinct only 4,5 Lot Area (sq. ft.) FAR calculation [Less than 7,500 FAR = ( x lot area) ,500-69,999 FAR = ( x lot area) ,000 or more FAR = 1.50] Less than 20,000 FAR = ( x lot area) ,000 or more FAR = 1.9 n/a [Maximum density (FAR) resort mixed use precinct only 5 ] Maximum density (FAR) other precincts [Lot area (sq. ft.) FAR calculation Less than 10,000 FAR = ( x lot area) ,000-29,999 FAR = ( x lot area) ,000-89,999 FAR = ( x lot area) ,000 or more FAR = 2.8] n/a [n/a]1.0 5 [ ] As approved by director 21

44 Development standard Minimum open space (percent of zoning lot) Table (B) Waikiki Special District Precinct Development Standards Precinct Apartment FAR less than 1.5 = 35% of lot FAR 1.5 or more = 50% of lot Resort mixed use [0-50 See Sec (c)(1)]0.00 [Resortcommercial] [0.00] Public n/a Open space bonus Available No [No] Yes See Sec (c)(1) [Yes See Sec (c)(1)] Maximum height (feet) Max FAR n/a [n/a] [3.5 5 ] Per zoning map and Exhibit or as provided in Sec (g)(3) As approved by director Transitional height Per Sec. 21- Per Sec. 21- [Per Sec. 21- setbacks (c)(2) (c)(2) (c)(2)] n/a = Not applicable 1 Except for necessary access drives and walkways, all yards shall be landscaped. 2 An average of 20 feet for zoning lots fronting Kuhio Avenue, Kalakaua Avenue, Ala Moana and Ala Wai Boulevard within the resort mixed use [and resort commercial precincts] precinct, and an average of 15 feet for all other zoning lots, provided: (1) The average yard may vary between the front property line and twice the minimum front yard so long as the yard area street-side of the required yard is equal to the yard area behind the required yard, (2) the yard configuration shall be integrated to the extent feasible with yards and open spaces provided by adjoining lots, and (3) the undulation of the setback line shall result in a design acceptable by the director (see Figure ). In the apartment precinct, required yards may be adjusted as follows: (1) porches and entry canopies may project into required yards by up to 5 feet on lots that are less than 10,000 square feet in area, and (2) the minimum side and rear yard for buildings that are lower than 40 feet in height is 5 feet, plus 1 foot additional setback for every four feet for building height above 20 feet, 22

45 3 Except for zoning lots adjoining an apartment precinct, side and rear yards shall not be required. Ten feet where a zoning lot adjoins an apartment precinct, unless there is a parking structure or lot on the adjacent apartment precinct zoning lot located within 10 feet of the common property line for more than 75 percent of the length of the common property line. In this case, there shall not be a required yard. 4 See Sec (c)(1) for commercial use location standards within the apartment mixed use subprecinct. 5 In computing the permissible floor area, the FAR may be applied to the zoning lot area, plus one-half the abutting right-of-way area of any public street or alley. Portions of buildings devoted to lanais and balconies shall not count as floor area. SECTION 12. Exhibit , Revised Ordinances of Honolulu 1990, as amended ( Waikiki Special District Zoning Precincts ) is amended by deleting the existing map dated January 30, 1996, and replacing it with the following: 23

46 24