HomeMy WebLinkAboutCOM 0675.502 2022-2024From: mark
Sent: Thursday, August 29, 2024 3:29 PM
To: Council Testimony; Kimball, Heather; Kagiwada, Jennifer, Lee Loy, Sue; Kierkiewicz,
Ashley; Kanealii-Kleinfelder, Matt; Galimba, Michelle M.; Villegas, Rebecca; Inaba,
Holeka; Evans, Cynthia F.W.
Subject: BILL 121, INSURANCE ISSUES please support allowing adjoining lots for compliance in
Lava Zones 1 &2
Bill 121 requires full time residents to `reside' in the dwelling, which is also a 'business'„ pn the
insured property. This would require a `MIXED USE' insurance policy. {
There is NO `mixed use' insurance available for Lava Zones 1 or 2 Not through HPIA nor any
other carrier! Not even on the secondary market
It has been stated that Bill 121 does NOT require home owners to have insurance, however ... The
banks and mortgage companies DO require property insurance! our loans would be called in without
sufficient insurance. Also, we CANNOT CONSOLIDATE, as this too would create a MIXED USE
situation.
There are two ways to effectively cure this defect in the bill
1. Allow `contiguously landscaped' multiple lots of up to a total of 1 acre in size to be
considered as a single "building site' (or the dwelling to be withing 200 feet as Kimball
proposed)
a. Many of the subdivisions in Puna were created on agricultural -zoned land (including Kehena
Beach Estates) These small lots have transitioned to largely residential and vacation rental uses as
the size and soil quality of the parcels make them ill -suited for ANY agricultural use.
b. In many cases, people have purchased multiple small Ag lots in Puna and have developed 2
or 3 lots as a `single building site'. Defining `building site' to include these contiguously landscaped
lots will allow the owner to live in one home (residence) and vacation rent the home on the same
'building site, while maintaining separate TMK's, (which would be insurable through separate HPIA
policy for the home and commercial policy for the rental.) This will also allow compliance with the
hosted provisions of Bill 121. Small multiple 'contiguously landscaped lots' are VERY common in
Lava Zones 1 &2. It would be unlikely that these TMK's could or would be sold off individually and are
generally sold as one property. For example, Kehena Beach Estates lots are an average 9,000 sq ft.
and is common for 2 or 3 adjoining lots to be developed as one'building site' by the same owner.
c. Many residents own two or more contiguous lots and have made their homes in one, while
vacation renting the other. These should be considered hosted since the host is a few feet away,
although they have separate TMK's
d. Many vacation rentals in this area also provide the needed parking on the adjacent lots. This
amendment would also help with the spirit of the parking requirements, which is to geoffinepa k �dcars off the public roads. Comm. NRef. To:Ref. bate�'
Some have suggested the work around would be to 'consolidate' these lots which are zoned A-1a (I
home per acre). Merging two lots would create an 18,000 sq ft lot (less than 112 acre) with TWO
homes. It is not possible, and again ... would create a mixed use situation for insurance
purposes.
2. Creation of Vacation Destination Areas or 'resort nodes' per 25-4-16.2 (a) (2)
There are many reasons to consider Vacation Destination Areas in Puna and beyond where
appropriate. We MUST control growth of tourism, and this is ONE way to ensure hotels and resorts
will not build in these areas limiting 'crowds'. This will keep more cars OFF THE ROADS as tourists
drive all over the place to get from a hotel to Volcano, Kehena or other points of interest. Ignoring
growth doesnt control growth.
Please amend Bill 121 to create such designations PRIOR to; or Simultaneously with the passing of
Bill 121. This will allow some properties to be unhosted with the'host'living near by. These
properties could be insured as commercial properties. Although commercial insurance is very
expensive and most people won't be able to afford it, it IS a viable solution.
(1) Vacation Destination Areas clearly meet the goals of the General Plan and will provide the
applicants with the ability to permit their overnight accommodation. Kehena Beach Area for example,
is not suited for agricultural use. (The area is currently used only for residential and transient
accommodations purposes as the lots are too small and rocky)
(2) A proposed Vacation Destination Areas designation would not place a substantial burden or
compromise the use of existing public infrastructure or services
(3) A Vacation Destination Areas will not negatively impact surrounding residents or the environment
in the form of noise, light, air, soil, or water pollution as vacation rentals already exist.
Vacation Destination Areas are necessary in areas that:
(1) Are under served by hotel and resort facilities and do not have undeveloped and appropriately
zoned properties nearby,
(2) Many of the transient accommodation rentals do not conform to the regulations for the zoning
district in which they are located and would alleviate the need for conditional use permits;
(3) Are proximate to outdoor or commercial recreational facilities, such as: beaches; County and
National Parks; golf courses; event venues; and similar facilities.
(4) Subdivisions such as, Kehena Beach Estates was established in 1964 and since has been
developed decades ago as a vacation rental area. Most of these properties have been developed
as and are used for vacation rentals (both hosted and unhosted) These properties are NOT viable
long term rentals as there are no high paying employment opportunities in the area. Most of these
dwellings have no closets, contain detached bedrooms, small kitchenettes or other features that were
allowed to be built legally with vacation renting in mind just 20 years ago, and are simply not suited
for long term rentals.
Please consider these amendments to BILL 121 as it is agreed that regulation is needed, but BILL
121 as written will deem many existing vacation rental out of compliance, and out of business without
attention to these details. Now is the time to address these issues to form a better and more effective
law.
Thank You for your time and consideration of this issue
s 11
:1: �WIN