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+sr os M~ <br /> GARY SAFARIK j~4y' COMMITTEES <br /> Counci/member <br /> District V Puna Makai Environmental Management <br /> - Chair <br /> Phone: (808) 961-8267 •~r'' <br /> Fax: (808) 961-8912 rE oi'M?'~ <br /> Finance <br /> <br /> Email: gsafarik@co.hawaii.hi.us Vice-Chair <br /> County of Hcrwai'i <br /> Hawai `i County Building C) <br /> 25 ,4upuni Street Cti ^1 c <br /> Hilo, Hawai `i 96720 ~ ~ _ <br /> _ F--~ <br /> Cr: <br /> August 15, 2006 <br /> w <br /> MEMORANDUM <br /> TO: Stacy K. Higa, Chair <br /> and Members of the Hawaii County Council <br /> FROM: Gary Safazik ~ <br /> Council Membe <br /> SUBJECT: Bill 221, Draft 2 - AN ORDINANCE AMENDING SECTION 25-8-26 (PAHOA <br /> ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII <br /> COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT <br /> CLASSIFICATION FROM AGRICULTURAL (A-la) TO INDUSTRIAL- <br /> COMMERCIAL MIXED (MCX-la) AT KEONEPOKO, PUNA, HAWAII, <br /> COVERED BY TAX MAP KEY 1-5-7:53 (Applicant: Timothy Lynn Gardner) <br /> (Area: 3.317 acres) <br /> Enclosed for your consideration is a proposed Bi11221, Draft 2. I intend to introduce this <br /> Bi11221, Draft 2 as a floor amendment at the next meeting of the Planning Committee on August <br /> 21, 2006. The original Bi11221 did not contain any conditions, as this Bill was brought forwazd by <br /> the Planning Commission with a negative recommendation. The changes between Bi11221 and Bill <br /> 221, Draft 2 include a new Section 2, which imposes conditions as follows: <br /> SECTION 2 In accordance with Section 25-2-44, Hawaii County Code 1983 (2005 <br /> Edition) the County Council finds the following conditions are: <br /> (1) Necessary to prevent circumstances which may be adverse to the public <br /> health, safety and welfare; or <br /> (2) Reasonablv conceived to fulfill needs directly emanative from the land use <br /> proposed with respect to: <br /> (A) Protection of the public from the potentially deleterious effects of <br /> the proposed use, or <br /> (B) Fulfillment of the need for public service demands created by the <br /> proposed use. pprr <br /> Comm. No~ <br /> O_ <br /> / Ref. To: Tfas~ <br /> a' a ~ Ref. Cate r L'~ 2 2 2AOF.. <br /> Hmvai'i County is an F,'qual Opportunity Provider and Emplover <br /> <br />