The process by which planned unit developments are approved is a step closer to being under greater public control.
The process by which planned unit developments are approved is a step closer to being under greater public control.
The Leeward Planning Commission on Thursday joined its east side counterpart with a vote to place the approval process for PUDs with the commissions rather than solely with the planning director. The plan for greater transparency, which has been years in the making, now goes back to the County Council.
Under Bill 281, PUDs would not only have to meet public notice and hearing requirements, they also would have to comply with the local Community Development District. Additionally, appeals of PUD decisions would be heard by the 3rd Circuit Court instead of the county Board of Appeals.
The court recently overturned several PUDs after they were approved by the planning director and upheld by the county Board of Appeals.
The rule changes originated with council members and constituents who believed PUD approvals should be subject to the public process afforded by the planning commissions. Three residents who showed up to testify Thursday echoed that sentiment.
“We’re talking about large parcels that affect a lot of people and water supplies … that affect the community in the long haul. We need to have an open process,” said Joel Cohen, a member of the South Kohala Community Development Plan Action Committee.
Planned unit developments — which are not at all unique to Hawaii — essentially allow the developer flexibility in how buildings are placed on the property, as long as the overall density for the project area does not exceed zoning requirements. For example, a 50-acre parcel zoned for 1-acre lots could have that many homes clustered in a much smaller area, as long as the remaining space on the parcel was left open.
The flexibility allows developers to work around undesirable terrain and natural, cultural and historic resources. It’s also been called a loophole that allows higher densities than what the natural geography would allow.
“The PUD process is a huge loophole,” South Kona resident Mark Van Pernis said. “It’s a way to get smaller lots than what the county allows. It depreciates the value of surrounding property. This helps to close that loophole.”
While the Windward Planning Commission deadlocked twice on the measure earlier this month before recommending it, the leeward commission showed no such reluctance. The body passed the measure unanimously and with little discussion on a motion by Commissioner Tommy Hickcox.
“It’s increasing transparency for those concerned in the surrounding communities, and I appreciate that,” Commission Chairman Brandi Beaudet said.
Planning Director Duane Kanuha also recommended the measure with qualifications. Kanuha said it needed to be clear to the public that applicants could still develop their land even if they didn’t go through the PUD process.
“You just wouldn’t have the ability to make a more sustainable or better-looking development,” he said.
Karen Eoff, the North Kona Councilwoman who introduced the bill, said in an interview that PUDs “can be a good and creative use of land,” but one that deserves to be under the public eye.
“It has become clear that, with growing neighborhoods and increased development, a more comprehensive review of ‘exceptions’ is not only timely but necessary,” Eoff said.