2007-12-07 TIIDA - Laserfiche WebLink

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I just kind of like to want to make several points, you know, for the Commissioners’ consideration. I think we all know that planning and land use is not an exact science. It’s not like math or chemistry or something like that. It’s really, there are a lot of subjective decisions along the way. And thus it’s understandable why the Commission differs many times from the Planning Director, or even within the Commission itself there are varying points of view. And if planning and land use were purely black and white then there really would not be a need for a Planning Commission, or let alone any appellate process. Specifically if you look at one of the points that the Director’s recommendation refers to is the LUPAG Map. Several things, I think, needs to be considered relative to the LUPAG Map itself. One is that by very definition the LUPAG is an acronym for Land Use Pattern Allocation Guide Map and the critical term in that whole acronym is really guide. It’s not a zoning map per se. And because it’s guide, it’s designed to be decision maker reasonably flexible just to provide the with some idea or some guide as far as like which direction certain areas within the community should grow and which should not. Likewise, because it’s a guide and subject to interpretation you can have your own interpretation, the Planning Director can have his own interpretation in terms of what its designation is. And ultimately in zoning situations the one interpretation that ultimately counts, of course, is the County Council, cause they’re the ones that ultimately makes the determination on whether the interpretation that you render or the Planning Director renders is one that they agree with. But not withstanding the fact that it’s a guide or not a guide, I think that, you know, as Commissioner Graham pointed out like, you know, I passed that excerpt. If you look at that excerpt it’s clear that whether you call it in a Medium Density or call it in a Low Density area, the fact still remains that certain types of commercial uses could be considered, not shall be considered, but could be considered within a Low Density area. So I think that the whole issue of whether it’s a Medium Density or Low Density designation on the LUPAG Map, you know, basically becomes a moot point relative to what they’re proposing to have operating. So if you look then, you know, you get away from the map question and then you just look at the whole issue of, well, the kinds of things that normally the Planning Commission or the Planning Department reviews in all applications of this nature, they look at infrastructure, you know like does it create a burden to the community, is there a traffic problem, is there like a water problem, are there wastewater issues? And in this particular situation I would probably conclude that given what they’re proposing for this site here, no. If you look at traffic, I think traffic may be one of the more, I think the staff kind of pointed out that one of the things that they were kind of concerned about is potential traffic impact by having more commercial uses along that area. Well, that is true. But I think that if you travel along that area what is a major mitigating factor along that section of Kilauea Avenue as opposed to looking at Lanikaula or Kekuanaoa, you know, you have three lanes and you have a center lane in that area which is a dedicated turning lane, you know, unlike those other streets. The application you just considered, for example, because you have a dedicated turning lane in that area it does not necessarily impede the flow of north and south traffic movements along Kilauea Avenue. The other kinds of issues, of course, you look at is like, well, are there any on-site environmental issues, are there archaeological concerns, are there drainage issues associated with the property, is there like a significant or endangered plant species on the property? And the answer to that question is no. The property has been historically used as a residence for over 50 years. There’s no flooding, inspite of all of the rain that we’ve had over here. EXHIBIT B 5