Recomended Hāmākua CDP Policy Rationale

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Policy 7 In the official Land Use Guide Map for the Hamakua Planning Area, in the "Low Density Urban" (LDU) and Medium Density Urban (MDU) categories, in those cases where provisions of the zoning and subdivision code are inconsistent with the character of surrounding neighborhoods, variances or PVDs that maintain consistent village/town character shall be encouraged. Rationale: Pursuant to HCC sections 23-15 and 25-2-51, a variance from the provisions of the zoning or subdivision codes may be granted by the Planning Director if there are special or unusual circumstances applying to the subject real property which exist to a degree which obviously interferes with the best use or manner of development of that property. The variance must be consistent with the general purpose of the district, the intent and purpose of the County Code and the General Plan, and not be materially detrimental to the public welfare or cause substantial, adverse impact to an area's character or to adjoining properties. Planned Unit Developments (PUDs) are essentially packages of variances for a minimum land area of two acres. Pursuant to HCC section 25-6-1, the purpose of PUDs 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, setbacks, building heights, and lot sizes. According to Section 25-6-10, some of the criteria for a PUD are as follows: ■ (b) The proposed development substantially conforms to the general plan, any adopted community development plan, other adopted master plan, and if applicable, any adopted design guidelines and/or standards affecting the project area. ■ (c) Any residential or agricultural development shall constitute an environment of sustained desirability and stability for the district that is in harmony with the character of the surrounding area, that results in an intensity of land use no higher than that otherwise specified for the district, and that maintains the standards of open space at least as high as that otherwise specified for the district in which the development occurs. ■ (d) Any commercial development shall not create traffic congestion which exceeds that which would have been produced under conventional development patterns, practices and standards in the district or interfere with any projected public improvements, shall provide for proper entrances and exits along with proper provisions for internal traffic and parking, and be an attractive center which does not adversely impact upon adjacent and surrounding existing or prospective developments. ■ (e) Any industrial development shall be in conformity with desirable performance standards and shall constitute an efficient and well organized development with adequate provisions for freight service and necessary storage, and shall not adversely impact upon adjacent and surrounding existing or prospective development. ■ (f) The development of a harmonious, integrated whole justifies exceptions, if required, to the normal requirements of this chapter, and the contemplated arrangements or use make it desirable to apply regulations and requirements differing from those ordinarily applicable under the district regulations. The proposed development substantially conforms to the general plan and any applicable community development plan. The intent of this policy is to encourage the use of these planning tools to support development and construction that reflect community values of architectural beauty and distinctiveness (refer to Community Objective #4 in relation to "heritage assets" and "distinctive plantation towns"). Policy 8 In new, previously zoned Residential subdivisions in coastal areas, subdivisions shall be encouraged to develop as Cluster Plan Developments (C.P.D.) pursuant HCC Section 25-6-20, or Clustered Rural Subdivisions. (See Corresponding Policy 13 and Policy 14 relating to coastal buffer areas) 171 Page