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sentence, if I may, and that sentence should read, "A school is not permitted in certain Industrial zoned districts and again, there is no opportunity to apply for a Use Permit. Both of these schools, certain circumstances," and then complete the sentence as currently worded. So with that, I hope you consider a favorable action on this proposed bill. LEITHEAD TODD: I would like to comment. The reason this bill originated is we were approached by charter schools who have had difficulty finding specific properties that are suitable. And a couple of the properties in the Hilo area that they were interested in were zoned Resort, but we couldn't allow them to use the properties for school purposes because there was no process to do so. The other one is NELHA, which is zoned Industrial, and has had West Hawaii Explorations Academy there. And what we were finding is that with the changes in the way schools approach teaching with the creation of charter schools and also the future of what we think might be a little niche schools, you know, that address a particular type of schooling, that we needed to have more flexibility. The reason we went with use permit as opposed to permitted use is is that because of the specific issues related to traffic or what else is going on in the area, there may need to be specific conditions, times that we need to address specific concerns that may arise, if you place something in an industrial area — you know, like, an industrial area like NELHA is very different from an industrial area which is warehouses and storage and things like that. But we think that this will give us some flexibility to meet the changing needs of educational community. HOUSEL: Thank you. BOWMAN: So, I have a question, just because my concern was in industrial areas, but I assume then with the use permit they would be scrutinized as far as the safety -. LEITHEAD TODD: Yes. And then the conditions, we would recommend conditions and the Commission would have the ability to put conditions on the schools. I'm thinking like, it may be that there are specific uses that you might like; like if you did a mixed industrial - commercial, somebody might want to do a culinary school or something, you know, like that. And it's just that what we found is that educational community has changed and adapted more quickly than our Code has. So we are trying to catch up. ARAI: Mr. Chairman? HOUSEL: Sure. ARAI: Just for the Commissioners' information, I failed to mention that we do have letters in support of this proposed bill from the University of Hawaii, the Department of Education and Ka`u Meke Ka`eo, and those letters have been distributed to you. HOUSEL: And there are no letters of opposition, is that correct? ARAI: None. HOUSEL: Okay, thank you. Any other questions of staff? Would someone like to make a motion? NELSON: I move the Planning Director's amendment to Chapter 25, Zoning Code, Article 2 and Article 5 of the Hawaii County Code, relating to use permits be approved. 2