HomeMy WebLinkAboutCOM 0560.032 2002-2004 10/18/2004
To: HA\1JAII COUNTY COUNCIL MEMBERS
Re: UNIVERSITY TERRACE -PROJECT DISTRICT ZONING
My family and I ask you to reject BVestern Life Assurance's request that it be granted
Project District zoning for its University Terrace development.
The developer already has zoning that allows for considerable development and can
come to the Council for changes if it feels, for example, that it would like a few more
acres of commercial space, or additional acres for smaller single-family residential use.
~1Je are not against responsible development in which the interests of both the developer
and the community are adequately recognized. The University Terrace development,
however, fails several important tests in this regard:
1. The Common Sense Test: multi-story apartment buildings, 35 acres of commercial
development, hundreds of single and multi-family residential units, and "transient
housing" (hotel?) placed squarely in the middle of an already established neighborhood
that has limited resources and infrastructure. Permitting the negative impacts that a
development of this size, scale and duration will have on drainage, traffic, schools,
established businesses and medical facilities, and the neighboring residential areas quality
of life and property values defies common sense.
2. The Good Neighbor Test: a "good neighbor" would be concerned about whether his
plans might have a negative impact on his neighbors and the larger community. Again,
given the size, scale and duration of this development, would a "good neighbor" ask for
Project District zoning which effectively gives it permission to do whatever it wants,
wherever it wants, whenever it wants? Or is the Project District zoning simply a way for
the developer to maximize the return on its investment regardless of the long-term
consequences to its neighbors and the broader community?
3. The Leal Test: Sections 25-6-41 and 25-6-45 of Division 4 (Project Districts) of the
Hawaii County Code reinforce the idea that Project District zoning is really intended for
pioneer developments, such as resorts, in little, or undeveloped areas. For example,
Section 25-6-41 says that Project District zoning may be established only if the proposed
district: "Will not result in a substantial adverse impact upon the surrounding area,
community, or region". And Section 25-6-45 says 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: "Necessary to prevent circumstances which may be adverse
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to the public health, safety and welfare". How can the Council make any decisions about
needed "conditions" when there is so little certainty about what will be built, where it will
be built and when it will be built? So few of the questions asked and concerns raised
have been adequately addressed by the developer that the Council cannot meet its burden
to protect the public's health, safety and welfare.
4. The Good Government Test: Our District has been represented by an appointed
Councilman for the past several months. Ieilany feel that his position on the Project
District zoning issue was the single greatest reason for his defeat in the recent election.
To rush through a Council approval of the developer's Project District zoning request
before my District's elected Councilman can act on behalf of his constituency may be
legal, but it also denies District 2 the representation it has voted for. To have such an
important decision acted on when a number of the Council members will no longer be
responsible to their constituencies shortly thereafter is not good government, however
legal it may be.
In short, acting to hastily approve Project District zoning for the University Terrace
development is not in the community's interest. The developer should not expect that a
development that will have so many far-reaching consequences, intended and unintended,
will be approved without a lengthy and detailed review. Thank you for your thoughtful
consideration of a zoning request about which many questions and concerns remain
answered.
ohn and Pamela Lipscomb
103 Punahele St.
Hilo, HI 96720