HomeMy WebLinkAboutCOM 0690.003 2004-2006 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
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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
April 18, 2006
Page 2
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; installation of sidewalks
and curbs, limiting the numbers and types of animals in urban areas; time restrictions for boom
boxes and stereos, loud cars; loud engines; equipment used for maintenance, repairs and other
necessary purposes etc.])
3. Re-letter Conditions "AA throu¢h CC" to "BB throueh DD".
Thank you for your consideration.
DI