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Restrictive covenants in the deeds of all proposed lots within the property shall <br /> give notice that the terms of the zoning ordinance prohibit the construction of a <br /> second dwelling unit and condominium property regimes on each 1-acre lot. This <br /> restriction may be removed by amendment of this ordinance by the County <br /> Council The owner of the property may also, in addition, impose private <br /> covenants restricting the number of dwellings. A copy of the proposed <br /> covenant(s) to be recorded with the State Bureau of Conveyances shall be <br /> submitted to the Planing Director for review and approval prior to the issuance of <br /> Final Subdivision Approval. A copy of the recorded document shall be filed with <br /> the Planning Department upon its receipt from the Bureau of Conveyances; <br /> <br /> ll. Before final subdivision approval, applicant must obtain reclassification ofthe <br /> RA-1 a zoned area from the State Land Use Commission to the Rural or Urban <br /> district. Prior to the submittal of plans for a grading or any associated permit for a <br /> golf course to the County for review and approval, the applicant shall consult with <br /> the Waikoloa Village Association and the County Council relative to the timing <br /> and propriety of such a use. "Phis condition, except for the consultation <br /> requirement for any golf course, may be waived by the Planning Director, after <br /> consultation with Corporation Counsel, if an appellate judicial decision, or <br /> substantive change to Chapter 205, Hawaii Revised Statutes, clearly establishes <br /> the legality_of this project in the Agricultural State Land Use district, including <br /> residential uses of the lots <br /> <br /> I. The applicant shall make its lair share contribution to mitigate the potential <br /> r~ional impacts of the property with respect harks and recreation, fire, police, <br /> solid waste disposal facilities and roads. The fair share contribution shall be <br /> initially based on the representations contained within the change of zone <br /> application and may be increased or reduced proportionally if the lot counts are <br /> adjusted. "hhe fair share contribution shall become due and payable prior to <br /> receipt of Final Plan Approval or within five years from the effective date of this <br /> amended change of zone ordinance, whichever occurs first. "hhe fair share <br /> contribution for each lot shall be based on a maximum density for each lot as <br /> -4- <br /> <br />