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market rate sale of 215 units in the Kona Vistas Subdivision 22 affordable units <br />shall be constructed and offered for sale at the low and moderate income levels <br />prior to..any sale of additional market rate units. An future development of the <br />property will need to provide lots or houses and lots for sale to low and moderate <br />family.incomes consistent with the LUC Order. The affordable lots or houses and <br />lots shall be constructed and sold concurrently with any market -value units. All <br />units constructed and sold in accordance with the LUC Order, with the exception <br />of the twenty-two (22) affordable units required by the Kona Vistas Subdivision, <br />shall be credited towards the affordable housing requirements required by <br />Chapter 11 of the Hawaii County Code. <br />2. Cha ter 11 Requirement: To ensure that the Goals and Policies of the I-lousin <br />Element of the General Plan are im lemented the Applicant shall comply with <br />the requirements of Cha ter 11 Article 1 Hawai`i Count Code relating to the <br />Affordable Housing Policy for the subject 67.162-acre project site. This <br />requirement shall be approved by the Administrator of the Office of Housing and <br />Communit Develo ment prior to issuance of Plan Approval and the affordable <br />housing agreement shall be implemented prior to occupancy of any unit in each <br />phase. <br />3. Prior affordable housing agreements related to Ordinance No. 02-131 shall be <br />replaced or amended to reflect the conditions of this amended ordinance. <br />X. As represented by the Applicant, the Applicant shall record a Declaration that institutes a <br />covenant, condition, and restriction upon the subject property that prohibits any dwelling <br />unit with the pro.i.ect site to be used as a time share short-term vacation rental or other <br />form of short-term transient accommodation. This Declaration shall be recorded with the <br />State Bureau of Conveyancesprior to the issuance of Final Plan Approval for any <br />dwellin units to be constructed on the subject property. <br />-13- <br />