2014-12-18 Leeward Exh A (Amend Zoning Code Bill No. 281)

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I apologize for the small lettering, but if you could refer to Page 3 of your Background and Recommendation report, this matrix is also located at the bottom half of Page 3. And as you can see, the matrix attempts to lay out the components of the P.U.D. process and what the current Zoning Code provides for, and what changes will occur, should Bill No. 281 be adopted into law. So if I could briefly go through them. As it pertains to approving authority, the current Zoning Code, the current authority under the current Zoning Code is the Director; Bill 281 will change that authority to the Planning Commission. Minimum land area of two acres in order to apply for a P.U.D. will not change between the two, current bill and the proposed bill. Public notification: Current Zoning Code requires ten-day notice of the Director’s decision; Bill 281 will require ten-day notice of a Planning Commission hearing to be conducted on the application. Content requirements for P.U.D., no changes from current. Public hearing: The current Zoning Code provides that the Director as the approving authority with no public hearing; that will change obviously, should it come to the Planning Commission. Contested case proceedings: None afforded at the Planning Director level; however, as you are aware, and similar to other permits that you hear, a person could file for intervention in a contested case proceeding, should Bill 281 be adopted. Criteria for approval of a P.U.D.: Bill 281 would require compliance with the applicable Community Development Plan in place for the particular district. Processing time period: Under the current Code it requires the Director to act within 60 days; under Bill 281 we will have to conduct a hearing before the Planning Commission within 90 days, with a decision by the Commission 60 days after the close of the hearing on the particular application. Failure to process timely: Under the current Code, if the Director fails to process in a timely manner, the application is deemed denied; however, under Bill 281, as provided for under State Law, if the Commission fails to act within the prescribed time period, it will be deemed approved unless objections to the Planned Unit Development permit is received by the Commission. Option for partial P.U.D. approval: Yes, under the current Code; and that option will no longer be provided under, should it go before the Planning Commission. Time extension or amendments to conditions of approval: That authority currently lies with the Director; again, that will change to the Planning Commission under Bill 281. And appeal of a P.U.D. decision: Current appeals of the Director’s decision goes to the Board of Appeals; that will change since all actions of the Planning Commission is appealable to the Third Circuit Court. If I can bring your attention back to the presentation screen. Bill 281 does not introduce a significant change to the information submittals required with a P.U.D. application or to the standards or criteria for approval of a P.U.D. other than substantially conforming to any applicable community development plan. And I made reference to that earlier. We do have reservations regarding Bill 281 in that the Zoning Code specifies that the purpose of a P.U.D. is to encourage comprehensive site planning that adapts the design of development to the land, by allowing diversification in the relationships of various uses, buildings, structures, open spaces and yards, building height, and lot sizes in planned building groups, while still insuring that the intent of the chapter is observed. A P.U.D. alone cannot introduce a use that is not permitted within a particular zoning district nor shall its approval compromise the intent and purpose of the Zoning Code. A P.U.D. exists to encourage comprehensive site planning, when the other option is to design a project in compliance with the standard requirements of both the Zoning and Subdivision Codes. There is concern that transferring approval authority for P.U.D.s from the Planning Director onto the Planning Commission may complicate a process that does have its favorable attributes, such as encouraging developments that seek a better fit into the surrounding environment. Zoning controls overall land use. P.U.D.s then manage those permitted land uses to 2 EXHIBIT A