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GRAHAM:Any other comments from the other Commissioners? I might just
<br />rephrase a little bit what I was concerned about, about the precedent, and maybe ask the Planning
<br />Director to comment on that too so we get his feel since he did give a positive recommendation.
<br />I feel like this application is valuable to the landowner. And, in general, something thats helpful
<br />to a landowner, we should try to support it if there are no negative sides to it. I mean thats my
<br />general feeling as a Commissioner. Again, Im speaking as a Commissioner not as a Chairman.
<br />When I look at like Mr. Nishimuras comments about the State Land Use area that had already
<br />been moved to Urban next to it not having rezonings in that area since then is indicative of the
<br />fact were not going to get a lot of rezonings coming after this. It also seems to me its indicative
<br />of the fact that from a land use perspective theres not really a need for more residential lots in
<br />that area. So I feel like, you know, we are sort of setting a precedent, but we dont really have
<br />the public need shown in the past that this precedent will work to the publics benefit. And,
<br />hence, Im concerned about that precedent. And since Planning Director Yuen is certainly aware
<br />of all these things and he made a favorable recommendation, Id like to hear his comments on
<br />that.
<br />YUEN:Sure, thanks for asking. The Commission is correct to look at this as
<br />potentially precedent setting, but you also have to keep that in perspective. Strictly on the
<br />matter, first of all, on the State Land Use Boundary Amendment, which is the subject of motion
<br />right now, one factor in the Departments favorable recommendation on the boundary
<br />amendment is that it is contiguous with the existing State Land Use Urban area. Now that
<br />wouldnt be true for, you know, if you went in 1000 feet and you wanted a boundary
<br />amendment, then you dont need that criteria any more, not to say that that means absolutely no.
<br />But the contiguity of this is, on the State Land Use Boundary Amendment side, is something that
<br />affects how you look at this because, and this is by the Statute itself, the State Land Use Statute.
<br />So then, well, what about within that existing Urban area, all those Ag-3 acre lots where there
<br />has not been any rezoning requests, or there has only be one rezoning request? Yes, you do have
<br />to look at the potential that if this went through favorably people would cite this as an example of
<br />acknowledgement that a greater density of half acre lots would be an acceptable use. I point out
<br />that the General Plan designation for the area is Low Density Urban which suggests that
<br />something like this half acre lot or even a smaller lot is consistent with the General Plan.
<br />As to whether another lot on another street would have, we would say, no, that -. You know, I
<br />dont know what the other streets look like, if they have the width of Awa Street, the right-of-
<br />way, the pavement width, the shoulders, whether they have the available water supply, all those
<br />factors that are favorable. In this case, you know, may or may not be; but there is a, as far as this
<br />being consistent with an overall plan, we do have an overall plan; and that is the General Plan.
<br />And I wanted to say one thing about the term spot zoning that was used. First of all, as a
<br />technical matter, were still on the State Land Use Boundary Amendment, were not on zoning.
<br />The State Land Use has, the contiguity is the similar idea here, and that you dont just pick a spot
<br />out in the middle of Agriculture and change it to Urban. Thats a factor against it. But this is
<br />contiguous. But the phrase spot is zoning is something that has, that suggests something that,
<br />people misinterpret that phrase. Spot zoning means that you single out a particular piece of land
<br />for preferential treatment or differential treatment not based on an overall land use plan. So if
<br />this were a lot that was in the middle of an area that was designated, you know, Extensive
<br />Agriculture or Important Agriculture and you were singling out this one spot for rezoning, that
<br />would be a legitimate statement of the term spot zoning. But when you have a General Plan that
<br />has a map for the area and this is consistent with that map, this is not spot zoning.
<br />GRAHAM:Onefollow-upforMr.Yuen.WhenIlookattheGeneralPlanMap,the
<br />LUPAGMap,itseemedtojustsortofbarelyencompassthisareainsortofaroughboundary
<br />comingthroughandnotthatwholefullarea.But,again,weknowthattheGeneralPlanissortof
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