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COM 0060.006 2000-2002
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COM 0060.006 2000-2002
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Last modified
5/12/2008 2:59:51 PM
Creation date
5/10/2008 2:29:21 PM
Metadata
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Communications
Communications - Type
COM
Communications - Council Term
2000-2002
Communication
0060
Point
006
Author
Ivan M. Torigoe, Deputy Corporation Counsel
Communications - Referred To
PC
Comments
PC - close file - 1/22/03
Communications - File Code
ZNG/HI
Document Relationships
AGE PC 01/22/2003 2002-2004
(Related)
Path:
\Council Records\Agendas\2002-2004\Planning Committee (PC)
BIL 017 Draft 01 2000-2002
(Related)
Path:
\Council Records\Bills\2000-2002
COM 0060.000 2000-2002
(Related)
Path:
\Council Records\Communications\2000-2002
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Ms. Bobby Jean Leithead-Todd <br /> May 15, 2001 <br /> Page 2 <br /> to be recommended to the Commission. On February 15, 1989, the Council appears to <br /> have forwarded the request to the new Planning Director, Duane Kanuha. However, the <br /> request does not appear to have been included in the final changes to the LUPAG map. <br /> Prior amendments placing the Prince Kuhio Plaza area into high density identified <br /> Puainako Street as the boundary. All concerned concede that the LUPAG map was not <br /> formally changed to include the subject property in the high density area. You have <br /> essentially asked whether Planning Director Lyman's interpretive statements have the <br /> legal effect of including the subject property in the high density area, and if so, under <br /> what authority. <br /> The short but somewhat superficial answer is "no," Mr. Lyman's interpretation <br /> does not change the LUPAG map. The LUPAG map, consistent with general plan <br /> history, graphically seems to show Puainako street as the boundary between the Prince <br /> Kuhio Plaza high density area and the subject lower density area. If you assume the <br /> foregoing, according to the LUPAG map the subject property was and remains on the <br /> lower density side of Puainako Street. As Councilman Tyler aptly noted, "you could give <br /> this to a grade school person and they could tell you exactly where this property is." . <br /> Apri13, 2001 minutes, pp. 9-10. <br /> However, does this necessarily mean that an upzoning of this property could not <br /> "conform to and implement the general plan" as required by Charter Section 3-15(c)? <br /> <br /> Not necessarily. That is a decision as to which the Planning Director may advise the <br /> Council, and which the Council must ultimately make. <br /> This is because the LUPAG map was not meant to describe in fine detail what <br /> specific lots were immutably predestined to specific designations. T'he General Plan p.79, <br /> <br /> under "Proposed Land Use Pattern" states: <br /> "There are reo universal standards for determining the amount of land <br /> needed in the future for each land use or activity located within an area. Estimates <br /> can be made, however, of the future land use acreage allocation for each use. T'lae <br /> laud use pattern is a brmad, flexible design intended to guide the direction and <br /> quality of future developments in a ,coordinated and rational manner. The General <br /> Plan Land Use Pattern Allocation. Guide Map. indicates the general d®cati®aa ®f <br /> vari®us laud uses i~ relati®a to each other. <br /> <br />
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