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

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IKEDA: Mr. Darrow, I have two questions. It says, I’m reading the bill, an analysis of the relationship of the proposed development to the General Plan and any applicable community development plan. So, what if there’s a difference in the CDP and the General Plan? Which one takes precedence? DARROW: In the General Plan, it specifically states that if there is a conflict between the General Plan and specific community development plans, the General Plan is the authority. IKEDA: Okay, then we better tell the public that, because when I was on the Council, they used to challenge us all the time when there was a conflict between the General Plan and the CDP. DARROW: Which, I mean, not to say that everything, we live in a perfect world, but when a CDP is created, if it does conflict in certain areas with the General Plan, it’s good to bring those into compliance-- IKEDA: Right— DARROW: --as part of the process. IKEDA: No, so I kind of agree with a statement like the last one we went through. The CDP, the Hilo CDP is what 25 years old, it’s out of date— DARROW: --yeah— IKEDA: --so it doesn’t comply. The second one I have that I’m really against is that, if we fail to give any kind of a, a motion or how shall—it says, I have it written down. If the Commission fails to render a decision within a prescribed 60-day period, the application should be considered as being approved, provided that no written objections to the PUD permit application is received by Commission. I really object to that. I would think that it should be like it is now; it should be denied. I would, you know, favor being a little more cautious than, you know, being—I think it’s being kind of over optimistic or generous by just approving something if the Commission didn’t make a decision. And that’s my gripes. KANUHA: Mr. Chairman, perhaps I can respond to that and— MIYASATO: --yeah— KANUHA: --and maybe add some history. With regard to the two concerns by Commission Ikeda, the difficulty, the difficulty between—well, not the difficulty, but the reason there’s language in there that when a PUD is being considered that if taken account, both the General Plan and the community development plan says, is actually becoming more complicated ever since the community development plans have recently been adopted by ordinance. Okay, previously, they were adopted by resolution, which made it clear that the General Plan, because it was adopted by ordinance and Charter, was the prevailing document. Now that we have both documents approved by law, that, the General Plan still prevails but it does complicate things a bit, which is, which is why there was that inclusion for the CDP’s. 4 EXHIBIT C