COM 1078.004 2018-2020 - Laserfiche WebLink

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AN ORDINANCE AMENDING ORDINANCE NO. 05 113 WHICH RECLASSIFIED LANDS FROM AGRICULTURAL—FIVE ACRES (A-5a) TO MULTIPLE FAMILY RESIDENTIAL (RM-2.5) AT PUAPUA`AIKI IST AND PUAPUA`ANUI 1sT,NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-5-017:019. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 2 of Ordinance No. 05 113 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[,]; 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 appliea-PA shall submit the afAieipated nifflEimum daily water-usage ealettlatiORS aeeofdanee with the tz » to the DepaAffient of Watef S"ply within ninety days ffam the effeetive date of this or-dinanee. The plVpVJeU U a ,�eveLrVplllelll+p31^r to Final Plan Approval.] Prior to the issuance of a water commitment by the Department of Water Supply (DWS) the applicant( shall submit the anticipated maximum daily water usage calculations as prepared by 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. C. Construction of the proposed development shall [be eampleted] commence within five (5) years from the effective date of this amended ordinance and be completed within ten (10) years from the effective date of this amended ordinance. Prior to construction, the applicant, successors or assigns shall secure Final Plan Approval for the proposed development from the Planning Director in accordance with Section 25-2-70, Chapter 25 (Zoning Code), [Hawaii] Hawaii County Code.