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

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best compliment the area in which a project is situated. There is a perception that a P.U.D. is the master land use or development permit, and that is not the case. If a P.U.D. is denied, the landowner is still able to develop the property in accordance with the standard requirements of the Zoning and Subdivision Codes. A denial of a P.U.D. does not make a project necessarily go away since it is the zoning of an area that dictates what gets developed and how the land is utilized. So for the reasons I stated, the Director recommends that the Planning Commission send a favorable recommendation, with reservations, to the County Council regarding Bill 281, relating to Planned Unit Development permits. Commissioners, do you have any questions? KANUHA: Mr. Chairman? BEAUDET: Yes, sir. KANUHA: I’d just like to add a little historical perspective. You know, long, long ago in a land far away, the Planning Commission used to issue all variances and P.U.D.s at one time in the entitlement process. And I believe there was a Charter amendment in 19 – 1991? – yeah, I think someplace in 1991, which transferred all variances back to the Planning Department; it was considered more of a ministerial activity, so it was transferred back to the Planning Department. And that’s why P.U.D.s also got transferred back to the Planning Department. So the perspective there is that it’s not a procedure that the Commission has never participated in. And then I think over time we’ve come to the conclusion that there needs to be a lot more transparency in the approval of P.U.D.s; the current process doesn’t provide to that. And I think that has been some of the concerns of the County Council, which is why they initiated this bill, and that’s why we are moving it forward. I think the other comment I’d like to make is that the recommendation says that we are recommending approval, with reservations, and, actually, it’s more qualifications in my mind than reservations. And I did, it’s, we just wanted to point out certain characteristics about the P.U.D. that if the applicant did not apply for P.U.D., you know, there still could be some activity going on without it, you know, it’s just that it wouldn’t, you wouldn’t have the flexibility of creating a more, you know, sustainable or better looking development. So, you know, it’s more qualified recommendation rather than recommendation with reservations. Thank you. BEAUDET: Daryn, I have one question. And this is relating to the appeal process. And if you could get some explanation as to the process in appeal why the appeal would go to the Third Circuit Court, and then followed by who accommodates the cost for that. ARAI: The Board of Appeals normally hears appeals of decisions of the Planning Director and Public Works. And so that’s basically the scope of their authorities, which is one of the main distinction of why, as a commission, your actions are not, wouldn’t be the proper venue, BOA would not be the proper venue just because the scope of their review is typically to the Planning Director and Public Works decisions. Is that clear enough? I’m sorry. BEAUDET: Yes, but one, so if, would the appellant be responsible for their own cost in pursuit of the appeal? ARAI: Personally, I’m not familiar with that part. 3 EXHIBIT A