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MICHAEL J. MATSUKAWA <br />ATTORNEY AT LAW <br />Ms. Bobby Jean Leithead-Todd <br />July 2, 2002 <br />Page 2 <br />In that event, HELCO will have t <br />land to validate what is on the ground now <br />fact, as a result of a recent Board ruling <br />Board required HELCO to initiate proceedings <br />its land out of the Conservation district <br />state Urban district. <br />o seek rezoning of its <br />"after the fact." In <br />on March 25, 2002, the <br />before the LUC to take <br />and to place it in the <br />If this takes place and if the state LUC grants HELCO's <br />petition for a boundary amendment to the state Urban district, then <br />the underlying county zoning would take effect -- Extensive <br />Agriculture general plan designation and Open zoning. Since the <br />county charter allows general plan amendments to be made only by <br />the county council or planning director, HELCO could not move <br />forward with its rezoning until and unless the current Extensive <br />Agriculture designation on the general plan is changed to Urban <br />Expansion (as is currently proposed). <br />I do not believe the public has been adequately informed <br />on this subject. The question to the county council is, "Is the <br />county council at this time supporting HELCO's proposal to rezone <br />its land to allow HELCO to continue with its expansion project at <br />the Keahole station after -the -fact?" <br />I believe this matter needs to be fully discussed and not <br />be allowed to slip into the general plan unnoticed and without <br />debate. This is an important policy decision for the county <br />council to make. <br />I trust you will give this matter the attention that it <br />deserves and the county council will exclude the Urban Expansion <br />designation. <br />Thank you. <br />Yours truly, Michael J. Matsukawa <br />MJM: j ff\017\todd-ttt.gp <br />xc: Anthony Ching, LUC <br />James Arakaki <br />Curtis Tyler <br />Christopher Yuen <br />