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I Dr. Lloleka Goro Inabac,°� or el O,ff ce.' (808) 323-4280 Council Member, District 8,N. Dona `° Email:holeka.inaba@hawaiicounty.gov oF°N+` HAWAII COUNTY COUNCIL County of Hawai`i West Hawai`i Civic Center, Bldg.A 74-5044 Ane Keohokalole Hwy. Kailua-Kona, Hawai'i 96740 - DATE: January 18, 2023 TO: Heather L. Kimball, Chairperson and Members of the Hawaii County Council FROM: Dr. Holeka Goro Inaba, Council Member Council District 8 SUBJECT: Proposed Amendment to Bill No. 194; an Ordinance Amending Chapter 25, Article 2, Division 4, Section 25-2-44, of the Hawaii County Code 1983 (2016 Edition, as Amended), Related to Conditions on Change of Zone. Attached please find a proposed amendment to Bill No. 194. The proposed amendment is illustrated below in Ramseyer format with respect to the contents of Bill No. 194; material to be deleted is bracketed and stricken, and material to be added is underscored. SECTION 1 of Bill No. 194 is amended to read as follows: "SECTION 1. Chapter 25, article 2, division 4, section 25-2-44, of the Hawaii County Code 1983 (2016 Edition, as Amended), is amended to read as follows: "Section 25-2-44. Conditions on change of zone. (a) Within any ordinance for a change of zone, the council may impose conditions on the applicant's use of the property subject to the change of zone provided that the council finds that the conditions are: (1) Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or (2) Reasonably conceived to fulfill needs directly emanating from the land use proposed, with respect to: (A) Protection of the public from the potentially deleterious effects of the proposed use, or (B) Fulfillment of the need for public service demands created by the proposed use. Comm. No Ms k4.To:; CJ Hawai`i County Is an Equal Opportunity Provider and Employer Ref. Date 4 2023