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PLANNING COMMISSION COUNTY OF HAWAI`I HEARING TRANSCRIPT JANUARY 10, 2013 A regularly advertised hearing on COUNTY COUNCIL BILL NO. 291 AND THE PLANNING DIRECTOR'S AMENDMENT TO CHAPTER 25 RELATING TO PUD was called to order at 10:10 a.m. in the County of Hawai`i, Aupuni Center Conference Room, 101 Pauahi Street, Hilo, Hawai`i, with Chairman Pro Tem Dean Au presiding. COMMISSIONERS PRESENT: Dean Au, Ronald Gonzales, Wallace Ishibashi, Raylene Moses and Stephen Ono STAFF PRESENT: Ivan Torigoe (Deputy Corporation Counsel), B. J. Leithead Todd (Planning Director), Daryn Arai (Planning Program Manager), Phyllis Fujimoto (Staff Planner), Maija Cottle (Staff Planner), Jeff Darrow (Staff Planner), and Sharon Nomura(Secretary) And approximately 37 people from the public in attendance. INITIATOR: COUNTY COUNCIL (Bill No. 291) Bill No. 291 regarding a proposed amendment to Chapter 25, Article 6, Division 1 of the Hawai`i County Code 1983 (2005 Edition, as amended), relating to Planned Unit Development(P.U.D.). The purpose of Bill No. 291 is to clarify procedural guideli7nes, define the requirements of a P.U.D. permit, and to add the Planning Commission(s) and the County Council to the review and approval process for a P.U.D permit. Initiates amendments to Chapter 25 (Zoning Code), Article 6, Division 1, relating to P.U.D: Amends Section 25-6-1 relating to Purpose. Deletes Section 25-6-2 relating to Minimum land area required. Amends Section 25-6-3 relating to application for P.U.D. permit. Amends 25-6-4 relating to Notice of action on a P.U.D. Application. Deletes Section 25-6-5 relating to Procedure for processing P.U.D. Application when use not permitted in district. Amends Section 25-6-6 relating to Actions by director on P.U.D. permit applications and replaces it with Procedure for processing P.U.D. Application, adds Section 25-6-7 relating to Conditions imposed on P.U.D., and Section 25-6-8 relating to Review and approval of final site plans. Deletes Section 25-6-10 relating to Criteria for granting a P.U.D. permit. Replaces Section 25-6-11 relating to Height exceptions authorized with Construction in conformity with approved final site plans, and Section 25-6-12 relating to Approval of variances, use permits and plan approvals issued under P.U.D.permit with Plan approval issued by approval of final site plans. Amends Section 25-6-13 relating to Effect of P.U.D. permit on other zoning provisions. Amends Section 25-6-14 relating to Time extension and amendments. Amends Section 25-6-15 relating Appeals to Appeal of director's actions on P.U.D. final site plans. INITIATOR: PLANNING DIRECTOR Amendment to Chapter 25, Article 6, Division 1 of the Hawai`i County Code 1983 (2005 Edition, as amended), relating to Planned Unit Development(P.U.D.). The purpose of the proposed bill is to clarify the purpose of a P.U.D., clarify procedural guidelines for submitting a P.U.D. Application, define the requirements of a P.U.D. project, and to provide an opportunity for greater community 1 Attachment to: Come. 229 Bill 59 ter .