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

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JACKSON: Yeah. So going back to the slide, you’ll see there is a discrepancy between areas that short-term vacation rentals would now be permitted and the areas where they would not be. As an example, Casa de Emdeko is in Resort zoning that’s pink, so that condo would allow short-term vacation rentals. And just to the south of there, there are four other condominiums that have been there a long time, maybe since the 70’s – Kona Coast Villas, Kona Isle, Kona by the Sea, Kona Riviera Villas – those are in a RM zoning district, they are not in the General Plan Resort Node or Resort area, so those existing short-term vacation rentals would need to get a nonconforming use certificate under Bill 108. And the Department recognizes that there is some inconsistency here, and what we are looking at is, now that this has come to our attention, looking at the General Plan revision that we are doing now, the current General Plan update, to look at areas along Ali‘i Drive that may be, would be more suitable for Resort designation so that these existing condos could be moved into an area that’s permissible for short-term vacation rentals. UNGER: In other words, actually initiate a rezoning to up-zone, high-density residential to resort? JACKSON: Yeah, so what would happen is during the General Plan update they would change the LUPAG Map to Resort for this area, and then those condos could come in as a whole condo building, not individual units, and rezone the property to Resort. UNGER: \[To an unidentified public member in the audience,\] I’m sorry, ma’am, this is not question and answer for public; public will have an opportunity to testify after the presentation. Thank you. JACKSON: That’s one option, but actually they wouldn’t even need to rezone because the way the bill is written, it says any zoning within the GP Resort or Resort Node. So they can keep their RM zoning; just the General Plan designation would need to be changed. UNGER: Can you explain why – sorry, Commissioner Church, one more question – can you explain why that’s not being dealt with in Bill 108? It seems like we are excepting, exempting certain areas or, I’m sorry, permitting certain areas. If we are permitting certain areas, why don’t we just make it part of this process and permit high-density residential condominium projects governed under the condominium property regime? JACKSON: That wasn’t proposed in the bill, and I think the intent of the bill from what I’ve seen is that Council didn’t want to allow short-term vacation rentals in all Multi-Family Residential zoning, that they wanted to really focus it to resort areas. So that’s where the General Plan is the most appropriate mechanism to identify where those resort areas would be. UNGER: Great, okay, we’ll definitely continue the discussion. And I’m sure the public has lots to weigh in on because 95 percent of the testimony we read has specifically to do with that. So we will be revisiting this topic. Commissioner Church. CHURCH: Yeah, don’t mean to sound obstreperous or anything here, just some questions here. So, now, I just, I’m in my condominium and I decide to move to the mainland, it’s in Resort 5 EXHIBIT B