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shall be considered as being approved without conditions. So, that’s very important to note that
<br />it’s important that the Commission make a decision one way or another, to approve or deny.
<br />
<br />Some of the criteria for approval of the P.U.D., you need to consider whether the project can
<br />commence and be completed within a reasonable period of time. You need to consider how the
<br />proposal conforms to the General Plan, the CDP, any master plan, or design guidelines for the
<br />area, and how well the deviations and exceptions from Code create a more harmonious
<br />development with the surrounding community.
<br />
<br />And, then, there are specific criteria for residential, agricultural, commercial, and industrial
<br />P.U.D.’s, and my understanding from talking to staff who used to process P.U.D. permits in the
<br />Department, is that the majority of these applications are for residential or agricultural
<br />developments; we do not get many for commercial or industrial development. So, for residential
<br />and agricultural P.U.D.s, you would want to consider whether the proposal is harmonious with
<br />the character of the surrounding area, and ensure that it does not increase density, and maintains
<br />open space standards. For commercial P.U.D.’s, it needs to be an attractive development which
<br />does not adversely impact surrounding properties or developments, avoids excessive traffic
<br />congestion, provides for proper access, internal traffic and parking. And, for industrial P.U.D.s,
<br />you would need to make sure that they provide an efficient, well-organized development that
<br />provides for adequate freight service and storage and no inverse, no adverse impacts on the
<br />surrounding properties or developments. And, then, it’s also important to note that the
<br />Commission does not have to approve all of the requested uses or plans or Code deviation
<br />requests; you can, you can pick and choose which ones you agree with or disagree with as long
<br />as you explain why you disagree with them.
<br />
<br />And, let’s see, the new rule also has some language for the special design districts. We have a
<br />special design district in Pāhoa and in Kailua Village, and so any P.U.D.s in these areas have to
<br />go through an additional review against the design guidelines by a design committee. And, that
<br />review process is typically handled by the Department before the application actually gets to you
<br />at the public hearing. So, you’ll have those design committee comments as part of your P.U.D.
<br />application package when you see it at the, at the Commission hearing.
<br />
<br />And, let’s see, another important thing to note is that the, the P.U.D.s cannot condition off-site
<br />alterations or improvements. So if, if a use is already allowed within the zoning district, and that
<br />use would generate a significant amount of traffic, that’s already permitted outright regardless of
<br />whether or not the applicant applied for a P.U.D. to seek exceptions from the Code. And then
<br />it’s important to note that if, if that use does generate significant traffic, and let’s say a left-turn
<br />pocket is needed on the, on the adjacent street, the Commission doesn’t have the authority to
<br />condition off-site improvements because that use is entitled to be established on that property
<br />and generate that traffic without a P.U.D. permit. Does that make sense? Okay.
<br />
<br />Let’s see, also important to note that no separate or additional Use Permit or Plan Approval is
<br />required but it’s considered approved under the P.U.D. permit. So, typically for like your
<br />Special Permits that, that you issue, we always include a condition that says, you know, the
<br />applicant has to secure, has to complete construction within five years of approval of the permit,
<br />and you have to come in and get Plan Approval prior to beginning construction. So, when the
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<br />EXHIBIT A
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