REP PC 094 07/06/2006 2004-2006 - Laserfiche WebLink

Home

Communication 884 Bi11282 Page 3 of 5 • No valued cultural, historical or natural resources exist on the properties and there is no evidence of any traditional and customary native Hawaiian rights being practiced on the properties. • Requisite of the Planning Director's favorable recommendation for the Change of Zone request, aze nineteen (19) conditions contained in Bill No. 282 that outline specific requirements for the proposed project. Condition B provides the Change of Zone shall be effective only if the General Plan Land Use Pattern Allocation Guide Map for the project is amended to High Density Urban. By letter to Chairman Higa and Council Members dated April 26, 2006 from Planning Director Chris Yuen, Director Yuen states the proposed rezoning is not consistent with the current Land Use Pattern Allocation Guide Map because it requests a CG zone, while the LUPAG Map calls for Medium Density Urban. Director Yuen concluded that after consulting with Corporation Counsel, it is the Department's position this is a gray azea in the current law and that it would be a safer process if the council did not enact the proposed rezoning until the General Plan amendment was approved. At the July 6, 2006 Planning Committee meeting Committee Chair Pilago noted that no representative from the Planning Depardnent was present despite several attempts by his staff to arrange for a Planning staff person to attend. Committee Vice Chair Hoffmann stated that Director Yuen's letter regarding the change of zone restricts what this Committee can do and it was clear that the council should not act on this request. However, he was not clear what action could be taken and although he had no real problem with this application, if this matter proceeds, precedence would be established. Council Chair Higa stated his support for this application but noted he was irritated about the fact that Director Yuen previously discussed these General Plan amendments with Mr. Tsukazaki and the applicant a long time ago. He said although the Director promised the interim amendments would be made, it has not been done yet. Mr. Higa noted that Big Island Candies has been a tremendous benefit to the community and a good neighbor and has had to wait since last summer for Mr. Yuen's interim General Plan amendments. Mr. I-Iiga reminded the committee that applicant is not adding more retail space, only a much needed storage and production facility that fits with the overall scheme of the general area. Attorney for Big Island Candies, Ben Tsukazaki said he doesn't think the council is bound by Director Yuen's letter. Mr. Tsukazaki stated he did try to get Mr. Yuen to move this application forwazd without a General Plan amendment but that it was the manner in which Mr. Yuen amended the General Plan is why applicant now has to wait for General Plan approval before proceeding with his rezoning. He stated applicant is not hiring more employees and just needs additional storage area and so he wants the council to move this application forward with a condition that it takes effect when the General Plan is amended. Mr. Tsukazaki then said he never agreed with Director Yuen's interpretation that no action be taken and therefore wants the committee to decide that applicant does not need to wait for the amendment. When asked by Mr. Higa whether applicant could go ahead and build its facility if the committee passed the measure, Mr. Tsukazaki responded yes. However, Committee Vice Chair Hoffmann noted that Condition B states that could not be done and if the measure was passed as written, applicant in fact, can not do anything pursuant to Condition B. PC REPORT NO. 94