COM 0690.003 2004-2006 - Laserfiche WebLink

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YY Of y DONALD IKEDA w'` ~~s Phone No.: (808) 961-8261 Council Member Fax No.: (808) 961-8912 District 2 South Hilo email: dikeda@co.hawaii.hi.us ..:•c HAWAII COUNTY COUNCIL County of Hawaii FFawaii County Building 25 dupuni Street ' Hilo. Hawaii 96720 To: Stacy K. Higa, Chair and Council Members From: Donald Ikeda, Council Member Date: April 18, 2006 Subject: Proposed Bill 227, Drafr 2, Amending Section 25-8-3 (North Kona Zone Map), Article 8, Chapter 25 (Zoning Code) I am proposing Bill 227, Drafr 2 as follows: 1. Amend Condition V: "The project shall include a park site or sites consisting of at least one acre developed as a play field or passive recreation area. The nark area(s) shall remain a private parks(sl, and shall be maintained by homeowner/community association. The park area(s) shall not be located within the Waiaha Drainage or Flood Hazard Area." 2. Add New Condition "AA": "The applicant shall include appropriate restrictive covenants in the deeds of all proposed units within the subject property so as to minimize enforcement by public agencies of any violation of any applicable State and County ordinances or rules and reQUlations relating to land use and noise." (By ensuring that restrictive covenants will be implemented and enforced by condominium, apartment, community and/or neighborhood associations, some of the regulatory and enforcement burden will be shifred away from governmental agencies. Restrictions will necessarily be tailored for the size, density, and nature of the development. What may be appropriate in a rural, large-lot or agricultural development is not appropriate in an urban setting. Shifring the burden to the associations not only frees up our limited enforcement and regulatory personnel, it creates an avenue of redress that is less punitive. Comm. No. Ref. To: pr srx'"'dt Ro:f. [-ate Hawaii County /s An Equal Opportunity Provider And Employer