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<br /> <br /> <br /> Stacy Higa, Chair <br /> and Members of the Hawaii County Council <br /> July 31, 2006 <br /> Page 2 <br /> <br /> <br /> This bill adds the following subsections to Chapter 25, article 2, division 4, section <br /> 25-2-44, Hawaii County Code 1983 (2005 edition): <br /> <br /> "Section 25-2-44. Conditions on change of zone. <br /> (a) Within any ordinance for a change of zone, the council may impose conditions on <br /> the applicant's use of the property subject to the change of zone provided that the <br /> council finds that the conditions are: <br /> (1) Necessary to prevent circumstances which may be adverse to the public health, <br /> safety and welfare; or <br /> (2) Reasonably conceived to fulfill needs directly emanating from the land use <br /> proposed with respect to: <br /> (A) Protection of the public from the potentially deleterious effects of the <br /> proposed use, or <br /> (B) Fulfillment of the need for public service demands created by the <br /> proposed use. <br /> (b) Changes or alterations of conditions of any change of zone ordinance shall be <br /> processed in the same manner as a zone change, unless the council authorizes the <br /> changes or alterations to be made by the director. A request for any change or <br /> alteration of conditions shall be submitted in writing to the director, in lieu of the <br /> application required for an applicant-initiated change of zone. The request shall be <br /> accompanied by a filing fee of $250. <br /> (c) Failure to fulfill any conditions of the zone change within the specified time limitations, <br /> or any extensions thereto, may be grounds for the enactment of an ordinance making <br /> further zone changes or for rezoning the affected property back to its original zoning <br /> designation or a more appropriate zoning designation, upon initiation by either the <br /> director or the council in accordance with section 25-2-43. <br /> (d) An application for a change of zone shall not be approved if the associated development <br /> is within the service limits of the department of water supply, unless the department of <br /> water supply has issued a water commitment for build-out of the development and the <br /> water supply improvements or strategies required by the department of water supply to <br /> accommodate the impacts of the development will be made concurrent with the <br /> development and in compliance with the conditions of the water commitment issued by <br /> the department of water supply. <br /> (e) An application for a change in zone shall not be approved if build-out of the associated <br /> development would cause or contribute to causing, in conjunction with development <br /> associated with build-out of previously approved subdivisions, the level of service (LOS) <br /> on a state- or county-owned transportation facility to decline or remain below an <br /> acceptable level (specifically, below LOS "D" on a scale of LOS "A" through LOS "F"), <br /> unless transportation improvements or strategies to accommodate the impacts of the <br /> development will be made concurrent with the development. These strategies may <br /> include increased public transportation service, ride sharing programs, and ride <br /> facilities, demand management, and other transportation systems management strategies. <br /> The level of service shall be calculated using the methods defined in the most current <br />