HomeMy WebLinkAboutPD BACKGROUND AND RECOMMENDATION REPORT BR-Mnitiated-Apiaries.doc 4/18/2024
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND AND RECOMMENDATION
COUNTY COUNCIL INITIATED BILL NO. 144 (PL-CCI-2024-000008)
AMENDMENT TO CHAPTER 4 AND 25 OF THE HAWAII COUNTY CODE
1983 (2016 EDITION,AS AMENDED),RELATING TO APIARIES AND
BEEKEEPING
The County Council has referred Bill No. 144 to the Planning Director and the
Windward and Leeward Planning Commissions for comments and recommendations.
PURPOSE OF BILL NO. 144
1. The Hawaii County Council has introduced Bill No. 144 (Planning Department
Exhibit 1), which seeks to amend Chapter 4 (Animals) and Chapter 25 (Zoning)
of the Hawaii County Code 1983 (2016 edition, as amended) (hereinafter
`HCC'),relating to apiaries and beekeeping.
2. The Hawaii County Council has found that bees play a vital role in supporting
mankind, agriculture, and native ecosystems by pollinating food crops. In
addition, bees provide useful products, such as honey, wax and queen bees,
because Hawai`i's tropical weather, climate, and diverse plant life provide
optimal conditions for year-round breeding of queen bees. Queen bees are
exported to assist with ensuring a more genetically diverse, adaptive and resilient
global bee stock. It is for these reasons that the Hawaii County Council has
introduced Bill 144. The purpose of this ordinance is to encourage beekeeping in
Hawaii County by defining standard apiary management practices for
responsible and sustainable beekeeping, and by including apiaries in the list of
permitted uses across various zoning districts.
DEFINITIONS
3. Bill 144 seeks to amend HCC Chapter 4 (Animals) and Chapter 25 (Zoning) to
include a definition for `Apiary'. Additionally, Bill 144 seeks to amend HCC
Chapter 4 (Animals) to include a definition for `Bee or Honeybee', `Beekeeper',
`Colony', `Disease', `Flyover barrier' and `Hive'.
4. Additionally, Bill 144 proposes to amend HCC Chapter 25 (Zoning) by amending
the definition of`Livestock' and adding a definition for `Apiary'.
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5. `Apiary' is defined by Bill 144 as "...a site where one or more colonies of bees
and beehives are kept and that are managed in accordance with generally
accepted apiary management practices pursuant to section 4-5-4 of this Code."
PROPOSED AMENDMENTS TO HCC CHAPTER 4 (ANIMALS)
6. In addition to the new definitions articulated above, Bill No. 144 seeks to amend
HCC Chapter 4 (Animals) by adding new sections to Article 5, Management of
Apiaries and Beekeeping.
7. Proposed Section 4-5-4. Generally accepted apiary management practices
provide standards for apiary operators to adhere to,which include the following:
• Regular inspections of apiaries by beekeepers and suitable measures to
prevent and mitigate potential nuisances;
• Maintenance of colonies in hives with removable frames;
• Maintaining an adequate and accessible supply of fresh water;
• Protection of hives from bright lights;
• Proactive management of colonies to prevent swarming;
• Requirements to mitigate pests;
• Thoroughly clean reused hives and beekeeping equipment to remove hive
products such as old comb and honey, and properly store hives to prevent
robbing or pest invasion;
• Support year-round bee activity by planting seasonal flowers and species
suitable to the regional climate;
• Requeen hives and colonies if aggressive behavior is observed; and
• Be considerate of neighbors by placing hive boxes as far away as feasible
from neighboring properties with dwelling units.
8. Bill 144 further provides guidance to novice beekeepers to consult with the
County Department of Research and Development, State Department of
Agriculture, and other entities possessing expertise and experience in apiary
management to establish and sustain safe, healthy, and productive hive
operations.
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9. Proposed Section 4-5-5. Nuisance informs the public that any nuisance
complaints related to beekeeping shall be filed with the vector control division of
the State department of health.
PROPOSED AMENDMENTS TO HCC CHAPTER 25 (ZONING)
10. Bill 144 further allows for apiaries as a permitted use in all zoning districts.
11. In addition, Bill 144 removes apiaries from livestock production which also
removes the arbitrary one-thousand-foot setback requirements for apiaries.
12. Bill 144 requires that apiaries be located a minimum of 25 feet from any property
line. However, if the apiaries are situated behind a flyover barrier—defined by
Bill 144 as a solid wall, fence, or dense vegetation—they can be located 15 feet
from the property line.
13. Furthermore, Bill 144 limits the amount of hives to no more than fifteen hives on
lots smaller than twenty thousand square feet while allowing the Planning
Director to grant an exemption for more than fifteen hives on lots that are less
than twenty thousand square feet.
AGENCY–NO COMMENTS/CONCERNS
14. Department of Public Works – Engineering Division, Police Department,
Department of Health, State Office of Planning and Sustainable Development.
AGENCY–NO RESPONSE PROVIDED
15. State Department of Agriculture, U.S. Fish and Wildlife, Department of Research
and Development.
PUBLIC CONIMENTS PROVIDED
16. None as of the date of this writing.
PLANNING ANALYSIS OF THE IMPACTS OF BILL 144
Currently there are minimal standards related to apiaries within HCC Chapter 25
(Zoning). Apiary activities are currently listed under the definition of `Livestock
Production' and Chapter 25 allows apiaries within two zoning districts, the Agricultural
(A) zoning district and Intensive Agricultural (IA) zoning district. However, apiaries are
only allowed in the listed zoning districts so long as they are located on sites approved by
the State Department of Health and the Planning Director. Furthermore, apiaries have a
setback of one thousand feet from any major roadway or to any district other than the A
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district on building sites approved by the State Department of Health and the Planning
Director. Apiaries are currently not allowed in residential, commercial or industrial
zoning districts.
In addition to the limited information of apiaries within the Hawaii County Code,
the U.S. Fish and Wildlife Service issued a final rule in 2016 which listed seven yellow-
faced bee species, native to Hawaii, as endangered or threatened under the Endangered
Species Act of 1973 after a report concluded that bee populations have been in a serious
decline.' Bill 144 is the County Council's effort to ensure that Hawaii County Code
supports the necessary changes which will allow beekeeping to thrive, as beekeeping
plays a vital role in supporting our native ecosystem.
In their effort to update the code and provide more clarification on apiaries, the
County Council has initiated Bill 144, which defines apiaries, lifts existing restrictions,
and expands their uses. To achieve this, Bill 144 introduces definitions for terms such as
`apiary,' `bee,' `beekeeper,' `colony,' `disease,' `flyover barrier,' and `hive.'
Bill 144 mandates that beekeepers regularly inspect their apiaries and ensure an
adequate water supply is always available near the apiaries. Since swarming and
aggressive behavior in bees are widespread concerns and considered nuisances, the bill
requires beekeepers to proactively manage colonies to prevent swarming.
Bill 144 also supports a specific species of bees, the honeybee European
subspecies (Apia Mellifera), while restricting wasps, hornets, African subspecies, or
Africanized hybrids which have been known to be very aggressive and have been known
to cause death in animals and humans with multiple stings. According to the Hawaii
Invasive Species Council, the Africanized honeybee poses a very serious threat and while
the specific species has entered various portions of the continental United States but has
not been known to occur in Hawai`i.2 Therefore, Bill 144 prohibits the use of Africanized
bees.
Based on the preceding, Bill 144 is intended to balance the ability of residents to
responsibly manage their backyard apiaries, while ensuring beekeeping activities do not
develop into a nuisance to surrounding properties. Bill 144 also supports the Hawaii
1 https://www.federalregister.gov/documents/2016/09/30/2016-23112/endangered-and-threatened-wildlife-
and-plants-endangered-status-for-49-species-from-the-hawaiian
2 https://dlnr.hawaii.gov/hisc/info/invasive-species-profiles/africanized-honey-bee/
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Right to Farm Act,which allows for farming within a reasonable manner while following
best management practices and successfully balances the needs of the hobbyist
beekeepers and the safety concerns of neighboring residents and land uses.
PLANNING DIRECTOR'S RECOMMENDATION
The Planning Director is supportive of the intent of Bill 144 and appreciates the
time and effort of the County Council has taken to draft legislation to regulate apiaries in
Hawaii County. The Planning Director recommends that the Planning Commissions
send a favorable recommendation of Bill No. 144 to the County Council.
PLANNING COMMISSION ACTION
The Windward and Leeward Planning Commissions are required to take action on
Bill 144 as described in Section 25-2-43(b) of the zoning code (Planning Department
Exhibit 2). This bill was transmitted by the County Council to the Department on April
3, 2024, which means the commissions are required to transmit their recommendations to
the council by August 1, 2024. The commissions may recommend approval of all, some,
or none of the Director's suggested recommendations. The commissions may also
recommend their own revisions to the bill. The Windward and Leeward Planning
Commission's recommendations will be forwarded separately, but at the same time, to
the County Council for their consideration and decision. In the event the commission fails
to act on the proposed bill by this date, such inaction shall be considered as an
unfavorable recommendation by the commissions.
Once Bill 144 is heard before the Windward and Leeward Planning Commission,
the recommendations will be sent back to the County Council's Policy Committee on
Planning, Land Use and Development, where the bills will then be forwarded with a
recommendation to Council. At Council, the bills will need to go through the 1st and 2nd
(Final) Reading in order to be passed as an ordinance.
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Jennifer Kagiwada cP �Vlus �, Office:(808)961-8272
Council Member District 2 South Hilo �' jennifer.kagiwada@hawaiicounty.gov
APR 3 2024 Pr1:25
HAWAII COUNTY COUNCIL - DISTRICT 2
25 Aupuni Street• Hilo,Hawaii 96720 RECD HAND DELIVERED
DATE: April 3, 2024
TO: Zendo Kern, Director
Planning Department
FROM: Jennifer Kagiwada, Chair
Policy Committee on Health, safety, and Well-being
SUBJECT: Referral of Bill 144;an Ordinance amending Chapters 4 and 5 of the Hawaii
County Code 1983 (2016 edition, as amended), relating to apiaries and
beekeeping.
Aloha Director Kern,
Pursuant to Section 25-2-43(b) of the Hawaii County Code, I am submitting Bill 144, attached
for your comment and recommendation. I also request that you forward the same to the
Windward and Leeward Planning Commissions for their comments and recommendations.
Bill 144 was referred for comment and recommendation to the Planning Director and the
Windward and Leeward Planning Commissions by the Hawaii County Council's Policy
Committee on Health, Safety,and Well-being on April 2, 2024. I encourage you and the
Commissioners to review the Committee Member's discussion on the bill as multiple potential
amendments were mentioned and your input on those would be greatly appreciated.
After your and the Commissions review, please forward your comments and recommendations to
Council Chairperson Heather Kimball.
Thank you for your attention to this matter.
JLK:slm
Att.
Planning Dept.
Hawaii County Is An Equal Opportunity Provider And Employer Exhibit 1
COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 144
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 4 AND CHAPTER 25 OF THE HAWAII
COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO APIARIES
.AND BEEKEEPING.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Findings and purpose. Bees play a vital role in supporting mankind,
agriculture, and native ecosystems by pollinating food crops. In addition,they provide useful
products, such as honey and wax and queen bees, because Hawai`i's tropical weather, climate,
and diverse plant life provide optimal conditions for year-round breeding of queen bees. Queen
bees are exported to assist with ensuring a more genetically diverse, adaptive and resilient global
bee stock.
The purpose of this ordinance is to promote beekeeping in Hawaii County by
establishing generally accepted apiary management practices for sound and sustainable
beekeeping practice, and adding apiaries to the list of allowable uses in various zoning districts.
SECTION 2. Chapter 4, article 1, section 4-1-1, of the Hawaii County Code 1983 (2016
Edition, as amended),is amended by amending the definition of"animals"to read as follows:
""Animals,"unless provided otherwise,include but are not limited to those animals that are
customary and usual pets such as dogs, cats,rabbits, birds, [hone}-bees] and other beasts which
are maintained on the premises of a dwelling unit and kept by the resident of a dwelling unit
solely for personal enjoyment and companionship, such as,without limitation,for a hobby, for
legal sporting activities and for guarding of property. Animals shall also include honey bees and
exclude aviary game birds and fish as defined in Hawaii Revised Statutes."
SECTION 3. Chapter 4 of the Hawaii County Code 1983 (20 16 Edition, as amended),is
amended by adding a new article to read as follows,.
"Article 5. Management of Aviaries and Beekeeping.
Section 4-5-I. Findingrss and purpose.
The council recognizes the critical role bees play in agriculture,pollinating food crops and
furnishing useful agricultural products, such as honey, wax,and queen bees. The purpose of this
article is to safeguard and promote this agricultural activity by identifying generally accepted
apiary Management practices for beekeeping. Adherence to these practices will promote healthx
apiaries, prevent undesirable bee behavior,mitigate infestations of apiM pests, and deter hive
abandonment. Further, through this article, it is the council's intention to establish that chapter
165, Hawaii Revised Statutes,the Hawaii right to farm act, applies to apiaries and individuals
involved in the production of apiM products,where applicable.
Section 4-5-2. Scope.
This article establishes generally accepted apiary management practices for beekeeping
within zoWng districts in the County that permit apiaries.Nothing in this article is intended to
conflict with any State or Federal law.
Section 4-5-3. Definitions.
As used in this article,unless it is apparent from the context that a different meaning is
intended:
"Apiary"means a site where one or more colonies of bees and beehives are kept and
maintained.
"Bee" or"honeybee"'means all life stages of the common domesticated honeybee
European subspecies Apis Mellifera. This definition does not include wasps, hornets.African
subspecies, or Africanized hybrids.
"Beekee er"means a person who intentionally owns o erates maintainspossesses or
otherwise is in charge of an g2iga.
"Colony" means an aggregate of bees consisting_principally of workers,but having, when
perfect, one queen and at times drones brood combs and hone .
"Disease"means any condition adversely affecting bees or their brood,which may become
epidemic, including without limitation-bacteria,viruses or invertebrate pests and the presence of
undesirable sienetic characteristics including those associated with A is mellifera scutellata or
hybrids of this subs ecies.
"Flyover barrier"means a solid wall,fence, or dense vegetation, or combination thereof,
that encourages honeybees to fly over rather than through the barrier.
"Hive"means a moveable frame structure of housing for a bee colony_
Section 4-5-4. GeneraUy acce ted aplary apiarymanagement vractices.
(a) Beekeepers shall,to the best of their ability,maintain a healthx colony of bees by adhering
to eenerally accepted apiary management practices as set forth in this section.
(�] These generally accepted apiary management practices encompass, but are not limited to,
the following:
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1 Beekeepers regglarly inspect their gpiga and im lement suitable measures to prevent
and mitigate potential nuisance activities ensuring the both the health and well-being
of the-apiary and public health and safety;
(2) Maintain colonies in hives with remoyable'frames,that are kept in sound and usable
condition;
(3) _Maintain an adequate and accessible supply of fresh water on-site,includinglg
sites for the hone bees to drink from;
(41 Protect hives from bright lights at night;
(5) Proactively manage colonies to prevent swarmings,
(6) Ensure effective sanitation practices to prevent disease and robbing, mitigate pests
such as small_hive beetles, wax moths, and varroa mites,and bolster overall hive
health,
(7) Thoroughly clean reused hives and beekeeping equipment to remove hive products
such as old comb and honey, and properly store hives to prevent robbing or pest
invasion;
(8) Support year-round bee activity by planting seasonal flowers and species suitable to
the regional climate,
(9) Reaueen hives and colonies if aggressive behavior is observed; and
(10) Be considerate of neighbors by placing hive boxes as far away as feasible from
neighboring properties with dwelling units.
(c) Novice beekeepers should consult with the department of research and development, State
department of agriculture, and other entities possessing expertise and experience in apiary
management to establish and sustain safe,healthy, and productive hive operations.
Section 4-5-5. Nuisance.
Nuisance complaints, such as activity or behavior that disrupts or impedes public health
and safety,shall be fled with the vector control division of the State department of health,"
SECTION 4. Chapter 25,article 1, section 25-1-5, of the Hawaii County Code 1983
(2016 Edition,as amended), is amended by amending the definition of"livestock"to read as
follows:
""Livestock"means all animals generally associated with fanning, which are raised or kept
for food and other agricultural purposes. Such animals Li ,
.] include: swine, cattle,horses,goats; sheep;
chickens,ducks, geese,turkey, and other poultry, rabbits: and bees."
SECTION 5. Chapter 25, article 1, section 25-1-5, of the Hawaii County Code 1983
(2016 Edition,as amended),is amended by adding the following definition to be appropriately
inserted and to read as follows:
""A i "means a site where one or more colonies of gees and beehives are k t and that
are managed in accordance witheg nerally accepted apiary management practices pursuant to
section 4-5-4 of this Code."
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SECTION 6. Chapter 25, article 4, division 4,of the Hawaii County Code 1983 (2016
Edition, as amended), is amended by adding a new section to be appropriately inserted and to
read as follows:
"Section 25-4- . Apiaries.
Aviaries shall be limited to no more than fifteen honeybee hives on lots less than twenty
thousand square feet. The director may grant an exemption for,lots less than twenty thousand
square feet with more than fifteen honeybee hives. Apiaries shall be located at least twenty-five
feet from any properly line.Exception: apiaries situated behind a flyover barrier must maintain a
distance of at least fifteen feet from any prqpqjtline. Flyover barrier shall have the same
meaning as defined in section 4-5-3 of this Code."
SECTION 7. The following provisions of the Hawaii County Code 1983 (2016 Edition,
as amended):
Chapter 25, article 5, division 1,section 25-5-3, subsection(a), (relating to RS, single-
family residential districts);
Chapter 25, article 5, division 2, section 25-5-22, subsection(a), (relating to RD, double-
family residential districts);
Chapter 25, article 5, division 3, section 25-5-32, subsection(a), (relating to RM,multiple-
family residential districts);
Chapter 25, article 5, division 4, section 25-5-42, subsection(a), (relating to RCX,
residential-commercial mixed use districts);
Chapter 25, article 5, division 5, section 25-5-52, subsection(a), (relating to RA, residential
and agricultural districts);
Chapter 25, article 5, division 6, section 25-5-62, subsection(a), (relating to FA, family
agricultural districts);
Chapter 25, article 5,division 7, section 25-5-72, subsection(a), (relating to A,agricultural
districts);
Chapter 25, article 5, division 8, section 25-5-82, subsection (a), (relating to IA,intensive
agricultural districts);
Chapter 25,article 5, division 9, section 25-5-92 subsection(a), (relating to V,resort-hotel
districts);
Chapter 25, article 5, division 10, section 25-5-102, subsection(a), (relating to CN,
neighborhood commercial districts);
Chapter 25, article 5, division 11, section 25-5-112, subsection(a), (relating to CG, general
commercial districts);
Chapter 25, article 5, division 12, section 25-5-122, subsection(a), (relating to CV, village
commercial districts);
Chapter 25,article 5,division 13, section 25-5-132, subsection(a), (relating to MCX,
industrial-commercial mixed districts);
Chapter 25, article 5, division 14, section 25-5-142, subsection(a), (relating to ML, limited
industrial districts);
Chapter 25, article 5, division 15, section 25-5-152, subsection(a), (relating to MG,general
industrial districts);
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Chapter 25, article 5, division 16, section 25-5-162, subsection(a), (relating to Q, open
districts); and
Chapter 25, article 7,division 2, section 25-7-22, subsection(a), (relating to CDH,
downtown Hilo commercial district),
are amended by adding a new use to be appropriately inserted, numbered,and to read as follows:
"( ) Apiaries."
SECTION 8. Chapter 25, article 5, division 7, section 25-5-72, subsection(a), Hawaii
County Code 1983 (2016 Edition, as amended), is amended by amending paragraph(17),
relating to livestock production,to read as follows:
"(17) Livestock production,provided that piggeries[, ,] and pen feeding of
livestock shall only be located on sites approved by the State department of health
and the director, and must be located no closer than one thousand feet away from
any major public street or from any other zoning district."
SECTION 9. Chapter 25,article 5,division 8, section 25-5-82, subsection (a) of the
Hawaii County Code 1983 (2016 Edition,as amended), is amended by amending paragraph(9),
relating to livestock production, to read as follows:
"(9) Livestock production,provided that piggeries[, ,] and pen feeding of
livestock shall not be closer than one thousand feet away from any major road or to
any district other than the A district on building sites approved by the State
department of health and the director."
SECTION 10.Material to be repealed is bracketed and stricken. In printing this
ordinance, the list of permitted uses contained in subsections 25-5-3(a), 25-5-22(a),25-5-32(a),
25-5-42(a),25-5-52(a), 25-5-62(a),25-5-72(a),25-5-82(a), 25-5-92(a),25-5-102(a),25-5-112(a),
25-5-122(x), 25-5-132(a),25-5-142(a), 25-5-152(a), 25-5-162(a), and 25-7-22(a)may be
reordered and renumbered as appropriate.
SECTION 11.Material to be repealed is bracketed and stricken. New material is
underscored. In printing this ordinance,the brackets,bracketed and stricken material,and
underscoring need not be included.
SECTION 12. Severability. If any provision of this ordinance,or the application thereof
to any person or circumstance, is held invalid, the invalidity does not affect other provisions or
applications of the ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of this ordinance are severable.
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SECTION 13. This ordinance shall take effect upon its approval.
INTRODUCED BY:
CO CIL MEMBER,COUNTY OF HAWAII
Hawaii
Date of Introduction:
Date of T st Reading:
Date of 2nd Reading:
Effective Date:
786
REFERENCE Comm.
6
ZONING § 25-2-43
Section 25-2-43. Amendments initiated by the council and director.
(a) Any amendment initiated by the director shall be reviewed by the commission.
(1) The amendment shall be submitted to the commission with the director's
justification and recommendation on the amendment.
(2) Upon receipt of a proposed amendment from the director, the commission shall
hold at least one public hearing. Notice of the hearing by the publication shall
be provided by the commission in accordance with section 25-2-5, except that
when a proposed amendment involves a specific parcel of land, notice shall be
provided by the commission in accordance with subsections (c) and (d).
(3) Within sixty days after receipt of the amendment from the director, the
commission shall transmit the proposed amendment together with its
recommendations thereon through the mayor to the council. The commission
shall recommend approval in whole or in part, with or without modifications,
or rejection of such amendment. In the event that the commission fails to act
on the amendment within the sixty-day period, such inaction shall be
considered as unfavorable recommendation by the commission, and the
amendment shall then be submitted through the mayor to the council with
such recommendation.
(b) The council shall refer any proposed council-initiated amendment to this chapter to
the director and the commission with requests for their respective comments and
recommendations thereon, prior to the first reading of any such amendment. The
director and the commission shall each submit comments and recommendations on
the proposed amendment to the council within one hundred twenty days from the
date that the amendment is transmitted by the council to the director and the
commission.
(1) The director shall submit comments and any recommendations to both the
commission and the council within the one-hundred-twenty-day review period.
(2) The commission shall hold at least one public hearing on the proposed
amendment. Notice of the hearing by publication shall be provided by the
commission in accordance with section 25-2-5, except that when a proposed
amendment involves a specific parcel of land, notice shall be provided by the
commission in accordance with subsections (c) and (d).
(3) The commission shall transmit the amendment together with its
recommendations thereon through the mayor to the council. The commission
shall recommend approval in whole or in part, with or without modifications,
or rejection of such amendment. In the event that the commission fails to act
on the amendment within the one-hundred-twenty-day review period, such
inaction shall be considered as an unfavorable recommendation by the
commission.
(4) After the one-hundred-twenty-day review period has expired, the council may
proceed to act on the proposed amendment as it deems appropriate.
25-27
Planning Dep .
Exhibit