2003-07-28 TBLASMAN (4) - Laserfiche WebLink

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VITOUSEK:Okay. And doesnÓt that to some extent, doesnÓt the Zoning Code present the County of HawaiiÓs designation or judgment as to an appropriate use of a particular parcel? YUEN:To some extent, yes; but the SMA is an overlay on the zoning and thereÓs an additional set of criteria that need to be satisfied. VITOUSEK:Fair enough. But in terms of an ownerÓs reasonable expectation as to their ability to use and develop the property, if the property is in the urban district and general planned for medium density, and zoned for multi-family residenti have a reasonable expectation of some ability to develop their p those land use controls, isnÓt that correct? YUEN:I think youÓre not giving a complete picture of what I would need to know to say what the reasonable expectations of an owner are. Those are parts of what make up the reasonable expectation of the owner. In this case, I would also add some, I would add the fact that the property does have to clear, to develop a project like this, does have to clear through an SMA permit, and has a sensitivity due to neighboring properties. VITOUSEK:Fair enough. So if, if we add then the fact that a special management area use permit had been granted by the HawaiÒi County Planning Commission with respect to the specific property for a 32-unit project without any condition regarding the landscape buffer or screening from the adjacent property, wouldnÓt that also add to the ownerÓs reasonable expectations as to what they could develop on the property? YUEN:I would say that would be a factor, but that you, we also have to recognize that there has been a change in attitudes and increasing sensitivity to, I hope an increasing sensitivity, to Hawaiian cultural issues between 1980 and the present. VITOUSEK:Okay, fair enough. So coming in with a project, the proposed 13 as opposed to 36 units, and proposed maximum height of 36 feet as opposed to 45 feet, and proposed a significant landscape buffer between the environmental, between the cultural site and the property, may actually reflect some increase cultural sensitivity and increased sensitivity to concerns of density in proximity to a cultural site, isnÓt that correct? YUEN:ThatÓs correct. And I would say that the fact that the property, that the application was for less than its maximum density and less than its maximum height influenced my decision to try to handle the problems created by its intrusiveness into a historical site through a landscaping condition, rather than through other measures. I do think though that the Applicant is trying to max out the site by pushing itÓs, is not, is trying to develop the whole site. ItÓs not leaving, the site plan does not include substantial buffers along the perimeter of the site. 13