HomeMy WebLinkAboutCOM 0100.006 2004-2006 MTY Os N
DONALD IKEDA ~ .,.y~, Phone No.: (808) 961-8261
Council ,L/ember ~6~' Fax No.: (808) 961-8912
Diearic(2 South H1[o " E-mail: dikeda a co.hawaii.hi.us
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HAWAII CODNTYCODNCIL
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ilnwaii County Building ~~..~r- ~ ,r.,..._
25 Aupuni S(reel ,y
l6l0. 1/awati 96720
To: Stacy K. Higa, Chair
County Council
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From: Donald Ikeda, Council Member ~
Date: May 4, 2005
Subject: Bill 367, Amending Section 25-8-3 (North Kona Map), Article 8, Chapter 25
(Zoning Code)
I move to amend the proposed Section 25-8-3 as follows:
Condition O -
"As represented by the applicant, 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 anv violation
of anv applicable State and County ordinances or rules and regulations relating
to land use and noise."
(Existing Condition "O" through "U" shall be re-numbered "R" through "V".)
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 shifted away from governmental agencies. Restrictions will 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. Shifting 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.
By ensuring that certain amenities and regulations are included in developments BEFORE they
begin, the County will not be taxed with the burden and responsibility in the future. For
example, parks or play areas that will be maintained by the association; curbs, underground
lighting, limiting the numbers and types of animals in urban areas; etc. These are some of the
areas that I feel should be in place prior to allowing a development to proceed.
Thank you for your consideration.
DI
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