2018-3-15_HCDP_RATIONALE - Laserfiche WebLink

Home

basis in considering future Industrial uses until the General Plan identifies appropriate locations for Industrial uses. There is an identified lack of land zoned Industrial or designated as Industrial in the LUPAG maps, and there is a growing need in the Planning Area for industrial applications — primarily light - industrial and commercial -industrial. The policy strategy of allowing some types of lighter (less noxious) industrial uses in the State Land Use Agricultural District through the special permit process is seen as advantageous over a property being rezoned for the following reasons: 1) a change of zone is a permanent change of use to the property, and (2) the industrial zoning categories allow for a spectrum of uses that can vary widely in their potential noxious impacts. On the other hand, the special permit process involves a project -specific review with a similar regulatory and public review period as change of zone requests, it can set conditions to mitigate potential impacts, and importantly, it can be revoked for noncompliance issues or if the use authorized by the use permit has been abandoned for a continuous period of two years (HCC §25-2-67). Until the General Plan Update completes in-depth analysis of the Hamakua Planning Area and identifies appropriate places for Industrial LUPAG designations, this flexibility in considering industrial special permit applications is an effective strategy to deal with the Planning Area's lack of Industrial land options. Policy 7 In the CDP Land Use Guide Map for the Hamakua Planning Area, in the "Low Density Urban" (LDU) and Medium Density Urban (MDU) categories, variances or PUDs that maintain consistent village/town character shall be encouraged in those cases where provisions of the zoning and subdivision code are inconsistent with the character of surrounding neighborhoods. 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 APPENDIX v5: HAMAKUA COMMUNITY DEVELOPMENT PLAN I Section 3: Policy Rationale — Preferred Settlement Patterns & Land Use