Recomended Hāmākua CDP Policy Rationale

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Rationale: The intent of this policy is to encourage and incentivize clustering development to leave a buffer of natural area along the shoreline. Cluster Development is a site planning approach that is an alternative to conventional subdivision development. It groups residential properties in a proposed subdivision closer together in order to utilize the rest of the land for open space, recreation, or agriculture. The County zoning code allows for Cluster Plan Developments (C.P.D.) in order to provide exceptions to the density requirements of the single-family residential (RS) district so that permitted density of dwelling units contemplated by the minimum building site requirements is maintained on an overall basis and desirable open space, tree cover, recreational areas, or scenic vistas are preserved. The County Planning Department should develop incentives for Cluster Plan Developments and Clustered Rural Subdivisions (Policy 14) in coastal areas that leave natural, open space buffer areas along the shoreline (incentives could include expedited planning review, density bonuses, etc.). Policy 9 The Director of Planning shall offer a favorable recommendation to the Planning Commissions, subject to appropriate conditions, only for those proposed zoning code amendments that would further the intent and ensure consistency with the objectives and policies of the Hamakua CDP. (HCC25-2-42 (c) (1) and 25-2-44) Rationale: It is important that future rezones in the Hamakua Planning Area be consistent with the objectives and policies of the CDP. Pursuant to HCC 25-2-42(c)(1), when considering a proposed amendment to the zoning code, the Planning Director, "shall recommend either the approval or denial of the proposed amendment to the commission subject to conditions which would further the intent of this chapter and the general plan and other related ordinances" (e.g., Community Development Plans). Though it appears that "other related ordinances" would naturally include CDPs, this policy seeks to ensure that the Planning Director's recommendations on future rezones will be consistent with the Hamakua CDP. Policy 10 Variances from the zoning or subdivision codes (including PVDs) shall be carefully considered relative to Hamakua CDP objectives and policies, and, when approved, shall be conditioned to ensure consistency with the CDP. (HCC 23-6, 23-15(c), 23-18, 25-2-51(c), 25-2-54(b), and 25-6-6(b)) Rationale: The Planning Director can approve variances from provisions of the zoning and subdivision codes to accommodate special circumstances, where no alternatives exist, and if they are consistent with the General Plan and are not detrimental to the public welfare or cause substantial adverse impact to the area's character or adjoining properties. The Director may also impose conditions on variances. This policy simply requires that the Director consider and approve variances in a manner consistent with the Hamakua CDP. See related Policy 6. This policy is to meet the Community's Objectives (#2 and #5) with the specific intention of ensuring that variances for zoning and subdivision codes are consistent with the goals of preserving town character, agricultural land, open space, and limiting rural sprawl. The lack of infrastructure has not been an adequate impediment to rural residential growth due to the ease of applicants receiving variances to subdivision codes (road and water variances on Agricultural land are the leading variances sought for the Hamakua Planning Area). This policy is based on: HCC 23- 6, 23-15(c), 23-18, 25-2-51(c), 25-2-54(b), and 25-6-6(b). See also Appendix V4, pages 177-259 for more information on growth patterns within the Hamakua Planning Area. 181 Page