BIL 089 Draft 02 2004-2006 - Laserfiche WebLink

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Restrictive covenants in the deeds of all proposed lots within the property shall give notice that the terms of the zoning ordinanceprohibit the construction of a second dwelling unit and condominium propert~gimes on each 1-acre lot. This restriction may be removed by amendment of this ordinance by the County Council. The owner of the property may also, in addition, impose private covenants restricting the number of dwellings. A copy of the proposed covenant(s) to be recorded with the State Bureau of Conveyances shall be submitted to the Planing Director for review and approval prior Co the issuance of Final Subdivision Approval. A copy of the recorded document shall be filed with the Planning Department upon its receipt from the Bureau of Conveyances; H. Before final subdivision approval, applicant must obtain reclassitication of the RA-1 a zoned area from the State Land Use Commission to the Rural or Urban district. Prior to the submittal of plans for a grading or any associated permit for a golf course to the County for review and approval, the applicant shall consult with the Waikoloa Village Association and the County Council relative to the timing and propriety of such a use. 'T'his condition, except for the consultation requirement for any golf course, may be waived by the Planning Director, after consultation with Corporation Counsel, if an appellate judicial decision, or substantive change to Chapter 205, Hawaii Revised Statutes, clearly establishes Che legality of this project in the Agricultural State Land Use district, including the residential uses of the lots I. The applicant shall make its fair share contribution to mitigate thepotential regional impacts of the property with respect to parks and recreation, fire, police, solid waste disposal facilities and roads. 'The fair share contribution shall be initially based on the representations contained within the change of zone application and may be increased or reduced proportionally if the lot counts are adjusted. The fair share contribution shall become due and~ayable prior to receipt of Final Plan Approval or within five years from the effective date of this amended change of zone ordinance, whichever occurs first. The fair share -4-