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which shall be approved by the Administrator of the Office of Housing and <br />Community Development prior to Final Subdivision Approval or Final Plan <br />Approval, whichever occurs first. The housing requirement shall be met by <br />provision of affordable housing onsite and not through use of any affordable <br />housing credits generated off site or by any in -lieu fee. Further, as represented <br />by the applicant, a minimum of 20 percent of the affordable units shall be rented <br />at 80 percent or less than the average median income (AMI), and the remaining <br />units at 120 percent or less than the AMI. <br />X. The subject property shall be considered part of a future Neighborhood Transit <br />Oriented Development (TOD) site. <br />1. Prior to issuance of Final Plan Approval or Final Subdivision Approval <br />a Conceptual Master Plan (Plan) incorporatingthe e subject propelty and <br />the ad joining property identified TMK: 7-5-017: 001 shall be developed <br />to include a mix of permitted uses and density, transportation systems, <br />including street layout and standards, transit routes and facilities, bike <br />and pedestrian pathways, village center public facilities, if any, <br />infrastructure requirements and timing, neighborhood park and public <br />space standards, and a phasing plan. The VillageDesign Guidelines <br />within the Kona CDP should be used as a guide to the development of <br />the Conceptual Master Plan for the TOD. <br />2. Within sixty (60) days of the Planning Director's acceptance of the <br />Conceptual Master Plan, consisting of confirmation that the Plan <br />includes the minimum requirements articulated in subsection 1 above, <br />the Kona CDP Design Center shall review and provide recommendations <br />to the applicant with regard to consistency of the Plan with the Village <br />Design Guidelines and other components of TOD development <br />contained in the Kona CDP. Said recommendations shall be provided to <br />the applicant for its consideration for modification, if needed. The Plan, <br />as may be modified, shall be used as the basis for the submittal and <br />subsequent review of all plans for Plan Approval. <br />Y. An annual progress report shall be submitted to the Planning Director and <br />County Council prior to the anniversary date of enactment of this amended <br />ordinance. The report shall include, but not be limited to, the status of the <br />development and to what extent the conditions of approval are being complied <br />with. This condition shall remain in effect until all of the conditions of approval <br />have been complied with and the Planning Director acknowledges that further <br />reports are not required. <br />[W] Z. The applicant shall comply with all applicable County, State and Federal laws, <br />rules, regulations and requirements. <br />W#j MVI <br />---- - - .. <br />Page 8 of 9 <br />