2018-3-15_HCDP_RATIONALE FINAL UPDATED REVISION 05.21.2018 FINAL

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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). This policy 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 code (including PUDs) shall be carefully considered relative to the 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) and Planning Commission Rule 16-4(b)(6)) See also: Policy 8. Rationale: This policy expands on existing requirements set forth in HCC 23-6, 23-15(c), 23-18, 25-2- 51(c), 25-2-54(b), and 25-6-6(b) and Planning Commission Rule 16-4(b)(6). 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 and Policy 8. 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). See Appendix V4, pages 177-259 for more information on growth patterns within the Hamakua Planning Area. Policy 11 When considering variances to the requirements of the zoning and subdivision chapters of the County Code for consolidation and resubdivision actions in the Hamakua CDP Planning Area, the Planning Director shall carefully consider how to best further the public welfare relative to the objectives and policies of the Hamakua CDP. Specifically, the Director 1) should confer with all appropriate agencies, 2) shall, if the new subdivision will include lots smaller than otherwise permitted in the subject zone, endeavor to locate those smaller lots in LDU, MDU, or Industrial areas and near existing towns/villages and thoroughfares, and 3) shall require necessary improvements. (HCC 23-6, 23-7, and 25-2-11). Rationale: This policy is based on existing requirements and instructs the Planning Director to use the authority in HCC sections 23-6, 23-7, and 25-2-11 to achieve Community Objectives, which specify that the public welfare will be advanced by protecting forest and shoreline ecosystems, assuring public access, preserving agricultural land, enhancing viewscapes, concentrating new APPENDIX v5: HAMAKUA COMMUNITY DEVELOPMENT PLAN I Section 3: Policy Rationale — Preferred Settlement Patterns & Land Use