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<br />ONO: --yeah—
<br />
<br />KANUHA: Okay, in that case, the Planning Commission is the final decision-maker. So
<br />whatever decision they make goes to the court.
<br />
<br />ONO: --I see, okay. The other question I have regarding this. Yeah, basically, we’re going be
<br />doing the same thing—the staff will be doing all of the Background and then it’ll come to us,
<br />okay. I guess my concern is that a—as a commissioner, the expertise is not there. So sometimes
<br />you’re talking above my head, you know, the presentation. So, to add this to the Commission’s
<br />decision-making, that’s a heavy burden. I kind of sense that it’s a heavy burden, and I—I’m very
<br />uncomfortable with the recommendation only because I would have difficulty understanding all
<br />the legalities and all the you know whatever else. I guess we could turn to counsel for that, but
<br />anyway, I am concerned that this is above me in terms of the process.
<br />
<br />KANUHA: You know, that’s why I wanted to provide some historical perspective that it used to
<br />be the Planning Commission’s permit, you know, back in the day. And when the Charter was
<br />amended, it went back to the Department, so it’s you know, coming back. This, you’re right, it’s
<br />another, it’s another permit that comes before the Commission for their consideration. It’s, it’s
<br />no different than Special Permits or Use Permits and, in this case, you know SMA you know
<br />type permits.
<br />
<br />ONO: Thank you.
<br />
<br />MIYASATO: Commissioners, any further questions? I have one. You know, Director, you just
<br />mentioned about the Charter. That this was placed back, the PUD’s was placed back several
<br />years back for the decision of the Planning Department. Does this bill, does this bill against,
<br />going against the Charter at this point?
<br />
<br />KANUHA: You know, that’s a good question, and that’s one of the components that was
<br />considered when it was being put forth, so if you, you know, take a look at the bill itself, and I’ll
<br />give you a specific reference. If you look at Page 2 of the bill itself, Item 25-6-3(2)(C), you’re
<br />gonna see that the amendment there it says, “A list of all requested deviations” and variances
<br />have been struck. So, basically, what you’re gonna find in this bill is that any place it talks about
<br />variances, is being struck. That way, it separates the PUD from a variance. A PUD not being a
<br />variance, and that’s why it’s, that’s why our, our comments are designed to make sure that
<br />they’re considered more as a planning tool rather than a variance from something, a deviation
<br />from something.
<br />
<br />MIYASATO: Okay, thank you. Commissioners, any further questions or discussion. If not, I’ll
<br />accept a motion.
<br />
<br />HENKEL: Mr. Chair, I’d like to move that a favorable recommendation be forwarded to the
<br />County Council on the application of Change of Zone Docket No. REZ 14-180 pursuant to the
<br />Planning Director’s recommendation and conditions.
<br />
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<br />EXHIBIT C
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