COM 1077.041 2018-2020 - Laserfiche WebLink

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AN ORDINANCE AMENDING ORDINANCE NO. 05 115 WHICH RECLASSIFIED LANDS FROM AGRICULTURAL—FIVE ACRES (A-5a) TO NEIGHBORHOOD COMMERCIAL (CN-20)AT PUAPUA`AIKI IST AND PUAPUA`ANUI 1ST,NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-5-017:001. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 2 of Ordinance No. 05 115 is amended as follows: "SECTION 2. In accordance with Section 25-2-44, Hawaii County Code 1983 (2016 Edition, as amended), the County Council finds the following 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[;]1 or (B) Fulfillment of the need for public service demands created by the proposed use. A. The applicant, its successors or assigns shall be responsible for complying with all stated conditions of approval. B. [ —, the applicant shall submit the antieipated maximuffi daily watef iisage ealeulations Water- Supply within ninety days ffam the effeetive da4e of this or-dinanee. The appheant shall finalize the alleeation of water eommitffietAs suffieiet4 to allow t proposed development p6of to Final Plan ] Prior to the issuance of a water commitment by the Department of Water Supply (DWS), the applicant s� shall submit the anticipated maximum daily water usage calculations as prepared by a professional engineer licensed in the State of Hawaii to the DWS A water commitment deposit shall be paid to the DWS within 180 days from the effective date of this amended ordinance in accordance with Rule 5 of the Department of Water Supply's Rules and Regulations. The applicant is responsible for maintaining valid water commitments to support the proposed use until such time that required water facilities charges are paid in full.