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BRPUM11281.dsa-11/25/14 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND AND RECOMMENDATION COUNTY COUNCIL INITIATED AMENDMENT TO CHAPTER 25 (ZONING CODE), ARTICLE 6, DIVISION 1, AND ARTICLE 5 OF THE ZONING CODE RELATING TO PLANNED UNIT DEVELOPMENTS (P.U.D.) Bill No. 281 amending Chapter 25, Article 6, Division 1 and Article 5 of the Hawaii County Code 1983 (2005 Edition, as amended) relating to Planned Unit Development (P.U.D.). More specifically, the purpose of the proposed amendments is to require review and approval of a P.U.D. by that Planning Commission that holds jurisdiction over that area containing the property for which the application is sought. PURPOSE OF BILL NO. 281 1. Through Bill No. 281 (Exhibit 1), the County Council is proposing amendments to the Zoning Code within Article 6, Division 1 (Planned Unit Development- P.U.D.), and Article 5, Section 25-5-8 (Other regulations for the RS zoning district). See attached excerpt from Zoning Code -Exhibit 2. 2. In summary, Bill No. 281 seeks to amend sections within the Zoning Code (Chapter 25, Hawaii County Code) to transfer authority for any action upon a P.U.D. application from the Planning Director to the appropriate Planning Commission holding jurisdiction over the P.U.D. project site. The bill would also specify that P.U.D.s conform to applicable community development plan (CPD). 3. Bill No. 281 was introduced based on a finding by the Council that the P.U.D., as a form of development permit, should be subject to a review process that allows opportunities for public involvement with procedural guidelines for approval implemented as part of the decision-making process. What this basically means is that a P.U.D., should this Bill be adopted into ordinance, will no longer be administratively processed and acted upon by the Planning Director and will, instead, be subject to a public hearing and action by the appropriate Planning Commission. WHAT IS A PLANNED UNIT DEVELOPMENT (PUD)? 4. Section 25-6-1 of the Zoning Codes states that the purposed of a P.U.D. "is to encourage comprehensive site planning that adapts the design of development to the -1-