2018-09-20 Leeward Planning Commission Minutes

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five ayes (Church Kealoha, Shimaoka, Yates and Unger) and two absent and excused (Carr Smith and Vitousek). \[SEE HEARING TRANSCRIPT – EXHIBIT A\] 2. INITIATOR: COUNTY COUNCIL (BILL NO. 108, DRAFT 4) An Ordinance amending Chapter 25, Article 1, Article 2, Article 4, and Article 5 of the Hawai‘i County Code 1983 (2016 edition, as amended), relating to short-term vacation rentals. The purpose of this bill is to manage the impacts of these short-term vacation rentals by: 1) defining where this use will be allowed; 2) establishing provisions and standards to regulate this use; and 3) providing an avenue for an existing use deemed to be improper by this ordinance, to apply for a nonconforming use certificate that would allow them to continue to operate in a non-permitted district. The County Council has referred Bill 108, Draft 4 to the Planning Director and the Windward and Leeward Planning Commissions for comment and recommendations. The Commission took up this item at 9:42 a.m., with approximately 80 people from the public in attendance. RECESSED Chairman Unger called a recess at 10:54 a.m. RECONVENED The meeting reconvened at 11:03 a.m. RECESSED Chairman Unger called a lunch recess at 1:00 p.m. RECONVENED The meeting reconvened at 1:35 p.m. Action: It was moved by Commissioner Church and seconded by Commissioner Shimaoka that a favorable recommendation be forwarded to the County Council on Bill No. 108, Draft 4, based on the Planning Director’s recommendation and suggested revisions, which shall be adopted, subject to additional recommendations of the Leeward Planning Commission as follows: 1) that significantly expressed concern for adequate enforcement is funded adequately to ensure compliance; 2) to re-examine details of the registration process to a potential simplification, and consequently easier and more complete compliance; 3) identify updated software that is adequate to properly administer the bill; 4) continue to research ways to include high-density residential projects into permitted short-term vacation rental use; and 5) under Section 25-4 (a)(1)(C), to delete the following inclusion at the end of the second sentence, which ended in “Resort Node areas,” and delete “provided that a use permit is obtained in the RS zoning district.” A roll call vote was taken and motion carried with four ayes (Church, Shimaoka Yates, and Unger), one no (Kealoha) and two absent and excused (Carr Smith and Vitousek). \[SEE HEARING TRANSCRIPT – EXHIBIT B\] MINUTES Approval of the Minutes of the August 16, 2018, Leeward Planning Commission meeting. At 2:50 p.m. it was moved by Commissioner Shimaoka and seconded by Commissioner Church that the minutes be approved as submitted. The motion was unanimously passed by a voice vote. 2