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AN ORDINANCE AMENDING ORDINANCE NO. 05 113 WHICH RECLASSIFIED LANDS <br />FROM AGRICULTURAL — FIVE ACRES (A -5a) TO MULTIPLE FAMILY RESIDENTIAL <br />(RM -2.5) AT PUAPUAGAIKI 1sT AND PUAPUAGANUI 1sT, NORTH KONA, HAWAIGI, <br />COVERED BY TAX MAP KEY 7-5-017:019. <br />BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAIGI: <br />SECTION 1. Section 2 of Ordinance No. 05 113 is amended as follows: <br />"SECTION 2. In accordance with Section 25-2-44, Hawaii County Code 1983 2016 <br />Edition, as amended), 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) Reasonably conceived to fulfill needs directly emanating 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. <br />A. The applicant, its successors or assigns shall be responsible for complying with all <br />stated conditions of approval. <br />B. [ , <br />the appheant shall submit the antieipated maximum daily water usage ealeulati <br />9 <br />aeeerda-nee with the <br />GGWater- Commitment Guidelines Pokey" <br />to the DepaAmeflxt <br />of Watef Supply within ninety days from the eff-eetive date- of this ordinanee. The <br />%A to Final Plan .] <br />Prior to the issuance of a water commitment by the Department of Water Supply <br />(DWS), the applicants) shall submit the anticipated maximum daily water usage <br />calculations as prepared by a professional engineer licensed in the State of <br />Hawaii to the DWS. A water commitment deposit shall be paid to the DWS <br />within 180 days from the effective date of this amended ordinance in accordance <br />with Rule 5 of the Department of Water Supply's Rules and Regulations. The <br />applicant is responsible for maintaining valid water commitments to support the <br />proposed use until such time that required water facilities charges are paid in full. <br />C. Construction of the proposed development shall [be-eamp! ted] commence within <br />five (5) years from the effective date of this amended ordinance and be completed <br />within ten (10) vears from the effective date of this amended ordinance. Prior to <br />construction, the applicant, successors or assigns shall secure Final Plan Approval <br />for the proposed development from the Planning Director in accordance with <br />Section 25 2 70, Chapter 25 (Zoning Code), [Hftwaii] Hawai`i County Code. <br />