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