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The Honorable J. Yoshimoto, Chairman and Members of the Hawaii County Council February 5, 2009 Page 2 1. Correct typographical error in title: AN ORDINANCE AMENDING CHAPTER 23 (SUBDIVISION CODE) AND CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE[51 1983 (2005 EDITION) RELATING TO SUBDIVISION REQUIREMENTS FOR PUBLIC PURPOSE SUBDIVISIONS. 2. Add clarifying language: SECTION 2. Section 23-3, "Definitions", Hawai `i County Code, 1983 (2005 Edition) is amended by adding a new definition as follows: "Public use" and "public purpose" means an activity conducted by the federal, state, or county government to fulfill a government function, activity, or service for public benefit and in accordance with public policy. Excluded are uses which are not purely a function, activity or service of government and structures leased by government to private entrepreneurs or to nonprofit organizations. 3. Add clarifying language: Section 23-11. Public utility [er], public rights-of-way and public purpose subdivisions. The requirements of this chapter, including lot sizes, and standards of this chapter shall not be applicable to public utility or public rights-of-way subdivisions and their remnant parcels, nor to subdivisions to create lots that will be conveyed to the county, state or federal government and put into public use or conveyed from one unit or subunit of government to another and put into public use; provided that the director upon conferring with the director of public works and manager of the department of water supply may require necessary improvements to further the public welfare and safety. The Planning Director's Background and Recommendation Report and transcripts of the hearings were provided to the County Council via an earlier transmittal. Sincerely, BJ LEITHEAD TODD Acting Deputy Planning Director 11 :Awp60APCAPCC2009-1A11 DlnllluletIPubliePurposeSubdivisionsAniend.dnc cc: Planning Department-Kona Lincoln Ashida, Esq.