COM 1002.000 2006-2008 - Laserfiche WebLink

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Pete Hoffmann, Chairman and Members of the County Council Page 2 right across Kilauea Avenue from a Medium and High Density Urban area. The Director interprets Kilauea Avenue as a hard, impenetrable line between Low and Medium Density Urban, sharply and immovably separating them on a lot-specific basis. In the Director's view, if your lot is on one or the other side of the street, this largely determines your rezoning potential, specifically lot by lot. The Commission carefully considered the Director's recommendation, along with the nature of the surrounding LUPAG map designations, the General Plan's policies and objectives, and the trend of existing uses. The General Plan itself states plainly that the LUPAG map is not intended to draw hard, lot-specific lines. It is only a general guide. "The land use pattern is a broad, flexible design intended to guide the direction and quality of future developments in a coordinated and rational manner. The General Plan Land Use Pattern Allocation Guide (LUPAG) Map indicates the general locations of various land uses in relation to each other." (General Plan p. 14-7). Nowhere in the General Plan is it mandated that streets that happen to be used as LUPAG district boundaries are to be used as hard lot-specific zoning restrictions. The LUPAG map is clearly a general guide, leaving the final zoning decision in the legislative discretion of the Council. This is especially important in this case. Here, the record reflects that the subject property is right on the LUPAG Map boundary between Low and Medium designated areas. Directly across the street is designated Medium Density. This lot could not be any closer to Medium Density without actually being in it. It is just such lots on the margin which should be eligible for legislative zoning discretion. Such discretion should be applicable particularly where the proposed uses also fall within the margin of permitted uses between designations. There is a considerable overlap between the types of commercial uses allowable in both Low and Medium Density Urban areas. Significantly, the General Plan provides that "neighborhood commercial" uses are allowed in both Low and Medium Density Urban areas. The subject Low Density area also allows for "convenience-type" commercial uses (General Plan p. 14-7). The GP doesn't define "neighborhood" or "convenience" commercial uses. However, the Zoning Code in "Neighborhood Commercial" ("CN") zones, allows "personal services" including "beauty shops." (HCC 25-5-102(a)(27); 25-1-5). So the proposed beauty shop is arguably within the general range of "neighborhood commercial" uses consistent with Low or Medium Density LUPAG designation. Ironically, the Planning Department noted that if a convenience store were being requested, that may be allowable for a rezoning to CN-20. The volume of traffic and