COM 0560.006 2002-2004 - Laserfiche WebLink

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RE: UNIVERSITY TERRACE DEVELOPMENT QUESTIONS re. PROJECT DISTRICT DEVELOPMENT (Division 4 of the Hawaii County Code) The following questions/concerns arise from a reading of Division 4 (Project Districts) and should be considered by County Council Members reviewing Western Life Assurance Co.'s application for the rezoning its property to a Property District (PD). 1. Section 25-6-41 states a PD may be established only if the proposed district: "1. Is consistent with the intent and purpose of this chapter and the County general plan; and 2. Will not result in a substantial adverse impact upon the surrounding area, community or region." The language used above strongly suggests that PD zoning be reserved for developments in azeas not yet significantly developed (i.e,, "pioneer developments"). A development such as University Terrace ,with hundreds of residences and a lazge commercial azea, cannot help but have a "substantial adverse impact" on the "surrounding azea,community" when it is placed squazely in the middle of along-established residential community that already suffers from amuch-used infrastructure (residential, medical facilities, and a jail). QUESTION: Isn't there a material burden placed on this developer to show, BEFORE approval is given to a PD zoning, that the concerns the community has about flooding, noise, traffic, sewage management, property value deterioration, loss of open space, etc., aze not appropriate? Given the size, scale and duration of the University Terrace development, such a burden CANNOT be met by the applicant. In fact, because PD zoning allows the developer so much flexibility as to what it will put ,where, and when, the public has not been able to receive the responsible, detailed answers to the concerns it has about "substantial adverse impacts". Because the public (and its County Council) cannot be shown that this development, in an already highly developed azea, will not have "substantial adverse impacts", PD zoning cannot be permitted. ` 2. Section 25-6-45 states that the Council may impose conditions on the use of the property subject to the project district, provided the council finds that the conditions aze: "(1) Necessary to prevent circumstances which may be adverse to the public health, safety and welfaze" QUESTION: How can any decision about needed "conditions" be responsibly reached when there is so little certainty about what will be built, where it will be built ,and when it will be built? Furthermore, no real evidence has been presented by the developer that the many concerns raised by the community are not well-founded. Again, given the lack of specifics to debate publicly, how can the County Council meet its burden to see that the University Terrace development does not create "circumstances which may be adverse to the public health, safety and welfaze"?