2014-12-04 Hearing Transcript-Council Initiated Bill 281 _PUD_

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The purpose of this bill is to seek to amend that portion of the Zoning Code relating to Planned Unit Developments. More specifically, the purpose of the proposed amendments is to require review and approval of a PUD by the Planning Commission that holds jurisdiction over that area containing the property for which the application is sought. Bill No. 281 was introduced based on a finding by the Council that the PUD as a form of development, of a development permit, should be subject to a review process that allows opportunities for public involvement with procedural guidelines and approval implemented as part of the decision-making process. This is difficult to see. I might want to ask you to refer to Page 3 of your Background and Recommendation. The main purpose of this is to identify the differences in the current process versus the proposed process. There are similar aspects of the process that remain the same, but there are a number of aspects that have changed. Number one, the approving authority will change from the Planning Director to the Planning Commission. The minimum land area for a PUD remains the same at two acres. There is public notification requirements. The requirements before were in relation to the notice of a Director’s decision. Now, they will have to comply with the requirements of the Planning Commission hearing for notice. There is no change to the contents required in a PUD application. There were, originally there was no public hearing for a PUD application. Now there will be a public hearing before the Planning Commissions. Previously, there was no option for a contested case hearing. Now, proposed, there will be the opportunity for a contested case hearing. Criteria for approval will, currently it doesn’t, really it’s kind of silent about complying with, consistency with current CDP’s or community development plans. This will require compliance with the current applicable community development plans. Processing time changes. Originally, it was 60 days with the Director’s decision. In this proposed process, it will be 90 days for the first hearing, with the decision coming from the Commission 60 days after close of hearing. Failure to process in a timely manner. Originally it was deemed to be a denial if it wasn’t completed within a--timely processed. Now, it will be deemed approved unless there is written objection to the PUD received. Option for a partial PUD approval. Originally, there was this option. The proposed will not allow a partial PUD approval. Time extensions previously would, currently would go before the Planning Director. Proposed would come before the Planning Commission. And lastly, the appeal process, currently it goes before the Board of Appeals based upon Director decision. Now, it would go to Third Circuit Court because it would be a Planning Commission decision. Information requirements. Bill No. 281 does not introduce a significant change to the information submittals required with a PUD application or to the standards or criteria for approval of a PUD other than to substantially conform to any applicable community development plans. 2 EXHIBIT C