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4. 175° 40' 180.00 feet along the east side of Kilauea <br /> Avenue to the point of beginning and <br /> containing an area of 1.000 acre. <br /> All as shown on the map attached hereto, marked Exhibit "A" and by reference <br /> made a part hereof. <br /> SECTION 2. In accordance with Section 25-2-44, Hawai`i 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) 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, successors or assigns shall be responsible for complying with all of <br /> the stated conditions of approval. <br /> B. Construction of the proposed development, as substantially represented by the <br /> applicant, or as permitted by the zoning district classification, shall be completed <br /> within five (5) years from the effective date of this 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), Hawai`i County Code. Plans shall <br /> identify all proposed structure(s), paved driveway access and parking stalls <br /> associated with the proposed development, with the appropriate yard setbacks <br /> -2- <br />