COM 0110.004 2002-2004 - Laserfiche WebLink

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Honorable James Y.Arakaki and Members of the County Council Hawaii County Council Page 2 February 18, 2003 On June 23, 1987, the owner of the subject property wrote asking that it be included as a new General Plan amendment. Atachment " 3". Under the procedures at the time, had this been considered as a new amendment, it would have required a further round of hearings by the Planning Commission. The Planning Director at the time, Al Lono Lyman, initially responded that the LUPAG map could be interpreted to include the property as already within the High Density area by the 1982 amendment. Deputy Corporation Counsel Pat O'Toole opined, however, that one could not use map interpretation this way, because the LUPAG map amendment for Prince Kuhio Plaza had covered a specific area. See Planning Commission minutes of August 19, 1987, Attachment 4. I agree with this opinion, because otherwise one would be ignoring the Council's specific designation of the area covered by the amendment. This situation with respect to the 1982 amendment is unlike most General Plan LUPAG map designations, because most were not made by specific location, and were not intended to be precise locations on the map. Director Lyman then stated that he would consider the area as being included within No. 11. Planning Commission minutes of August 19, 1987. Thereafter, the Planning Commission's transmittal of amendments to the Mayor, which then went to the Council, explicitly stated that the changes included changing the subject property to High Density. Attachment "5". The Department did write to the owner, on October 26, 1988, that if No. 11 passed, the Department would "interpret" the subject property to be within No. 11. Attachment "6". If nothing had else had happened, and No. 11 had passed unchanged, I would have to conclude that the subject property was included within No. 11. After the Director's proposed amendments went to the Council, the Council had the opportunity to suggest amendments. The owner wrote to the Council on November 1988 asking that the Council propose an amendment that his property becomes High Density. Attachment "7". The Council at first put together a package of amendments that did not include this property. On January 25, 1989, however, Planning Committee Chair Takashi Domingo wrote to Council Chair Russell Kokubun, asking that this property be added to the Council's package, and stating that it had "inadvertently" been omitted. Attachment "8". At the Council meeting on Feb. 15, 1989, a motion was passed to add an