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The Honorable Dominic Yagong, Chairman and Members of the County Council Page 5 Based on the above findings, approval of this change of zone request from Open (0) to an Industrial -Commercial Mixed (MCX-20) zoned district would result in an appropriate land use pattern that will further the public necessity and convenience and the general welfare. This favorable recommendation is made with the understanding that the applicant(s) remains responsible for complying with all other applicable governmental requirements in connection with the approved use, prior to its commencement or establishment upon the subject property. Additional governmental requirements may include the issuance of building permits, the installation of approved wastewater disposal systems, compliance with the Fire Code, installation of improvements required by the American with Disabilities Act (ADA), among many others. Compliance with all applicable governmental requirements is a condition of this favorable recommendation; failure to comply with such requirements will be considered a violation that may result in enforcement action by the Planning Department and/or the affected agencies. For your favorable consideration, an amendment to the Section 25-8-33 (City of Hilo Zone Map), Chapter 25 (Zoning Code) of the Hawaii County Code is transmitted. We are enclosing copies of the staff Background, Planning Director's Recommendation, State Department of Transportation comments dated October 11, 2011, and the Powerpoint presentation for your information. Sincerely, Zendo Kern, Chairman Windward Planning Commission Luyeda&sasakirez 11-000144#2 Enclosures cc: Mr. Norman K. Hayashi Diane Uyeda and Garret Sasaki Department of Public Works Department of Water Supply Department of Land & Natural Resources -HPD DOT -Highways, Honolulu Amy Self, Esq., Corporation Counsel