COM 0560.014 2002-2004 - Laserfiche WebLink

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PROJECT DISTRICT ZONING and QUESTIONS re. the UNIVERSITY TERRACE DEVELOPMENT The following questions/concems arise from a reading of Division 4 (Project Districts) of the Hawaii County Code. 1. Section 25-6-41 states that a Project District (PD) may be established only if the proposed district: "1. Is consistent with the intent of this chapter and the County general plan; and 2. Will not result in a substantial adverse impact upon the surrounding azea, community, or region." The language used in the Code strongly suggests that PD zoning be reserved for developments in areas not yet significantly developed (i.e., "pioneer developments"). A development such as University Terrace, with hundreds of residences and a lazge commercial area cannot help but have a "substantial adverse impact" on the "surrounding area, community" when it is placed squazely in the middle of along-established residential community that already suffers from a much used infrastructure (residential, medical facilities and a jail). QUESTION: Isn't there a material burden on this Developer to show, BEFORE approval is given for 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? Give 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 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 are: "(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? Given the lack of specific responses from the Developer to the community's concerns, there aze few specifics for the Council to review in order to meet its burden to see that the University Terrace development does not create "circumstances adverse to the public health, safety and welfaze" Attachment to 10/5/2004 Testimony