2018-09-20 Leeward Exh B (Bill 108 re Short-term Vacation Rentals)

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LEEWARD PLANNING COMMISSION COUNTY OF HAWAI‘I HEARING TRANSCRIPT SEPTEMBER 20, 2018 A regularly advertised hearing on the COUNTY COUNCIL INITIATED AMENDMENT TO CHAPTER 25 OF THE HAWAI‘I COUNTY CODE, RELATING TO SHORT-TERM VACATION RENTALS was called to order at 9:42 a.m. in the West Hawai‘i Civic Center, Community Center, Building G, 74-5044 Ane Keohokālole Highway, Kailua-Kona, Hawai‘i, with Chairman Keith F. Unger presiding. COMMISSIONERS PRESENT: Keith F. Unger, Scott Church, Perry Kealoha, Sonny Shimaoka and Faye Yates ABSENT AND EXCUSED: Nancy Carr Smith and Michael Vitousek ALSO PRESENT: Malia Hall, Esq. (Counsel for the Commission), Michael Yee (Planning Director), Jeff Darrow (Planning Program Manager), Maija Jackson (Planner), Shancy Watanabe (Planner) and Noriko Sauer (Commission Secretary) And approximately 80 people from the public in attendance. 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. UNGER: Agenda Item No. 2, Initiator County Council, Bill No. 108, Draft 4, an ordinance amending Chapter 25, Article 1, 2, 4 and 5 of the Hawai‘i County Code 1983, 2016 edition, as amended, relating to the short-term vacation rentals. The purpose of this bill is to manage the impacts of the 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. So at this time we are going to get an update presentation from Planning Department staff. They’ve asked that the Commissioners will look at this as a question-and-answer period as we go along. As we’ve been reviewing the testimony and reviewing the ordinance, it’s involved, there 1 EXHIBIT B