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Home My WebLink AboutCOM 0704.025 1998-2000 40JNtY OF N,~1~. isU13t3`t JEAN LEITHEAD-TODD Phone: (808) 961-8261 Counci(menrber FAX: (808) 969-3291 fr1TE GF MH'z' COUNTY COUNCII~ co~tt~r~ of xaz~~a7i Huzuaii County Building 25 Aupr.~ni Street May 12, 2000 Hilo, Hazvaii 967?O TO: James Y. Arakaki, Chair and Members of the Hawaii County Council ~E~E1v`~fl s~i~~ % ~ Date------- - FROM: Bobby Jean Leithead-Todd Cat,,, r,, C:oot;~.i Councilmember RE: Resolution No. 229-00, Draft 2 `Aina Le`a (formerly Bridge Puako, LLC) TMK: 6-8-1: Portions of 25, 36, 37, 38, 39 and 40 Attached for your favorable consideration is proposed Resolution No. 229-00, Draft 2 with amendments that define "transient vacation rentals" and "time share units"; and basically state that pursuant to the State Legislature's Conference Committee Report on Chapter 514E, "it is the clear intention of your conferees that time sharing and transient vacation rental use are identical uses of land, without regard to ownership, and that both uses of land should be addressed in a coequal manner by the counties" and that "time sharing and transient vacation rentals should be either permitted or prohibited on an equal basis within an area deemed appropriate by the county." Comm. No. 7~T ~ 25 File No. ~uD .err Ke. To: ~ I '~(~h.1C'!L. tte f . llate MAY 1 5 2~a0 WORKING DRAFT ---RAMSEYERED. A RESOLUTION REQUESTING THAT TIME SHARE UNITS BE PERMITTED WITHIN THE AREAS OF TAX MAP KEY: 6-8-1: PORTIONS OF 25, 36, 37, 38, 39 AND 40 AS PERMITTED UNDER SECTION 25-5-32(a)(19)(C), ZONING CODE OF THE HAWAII COUNTY CODE. WHEREAS, Chapter 25 of the Hawaii County Code, which is an ordinance. relates to Zoning and the development and use standards for structures on land; and WHEREAS, Section 25-5-32(a)~ of the Hawaii County Code, allows time share units in any of the following [permitted uses]: [Section 25-5-32. Permitted uses. (a) The following uses shall be permitted in the RM district: (1) Adult day care homes. (2) Bed and breakfast establishments, as permitted under section 25-4- 7. (3) Boarding facilities, rooming, or lodging houses. (4) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this code. (5) Commercial or personal service uses, on a small scale, as approved by the director, provided that the total gross floor area does not exceed one thousand two hundred square feet and a maximum of five employees. (6) Community buildings, as permitted under section 25-4-11. (7) Crop production. (8) Dwellings, double-family or duplex. (9) Dwellings, multiple-family. (10) Dwellings, single-family. (11) Family child care homes. (12) Group living facilities. (13) Home occupations, as permitted under section 25-4-13. (14) Meeting facilities. (15) Model homes, as permitted under section 25-4-8. (16) Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar neighborhood recreational areas and uses. (17) Public uses and structures, as permitted under section 25-4-11. (18) Temporary real estate offices, as permitted under section 25-4-8. (19) Time share units situated in any of the following:] (A) Areas designated as resort under the general plan land use pattern allocation guide (LUPAG) map. (B) Areas determined by the director to be within resort areas identified by the general plan land use element, except for retreat resort areas. (C) Areas determined for such use by the council, by resolution. [(20) Utility substations, as permitted under section 25-4-11.] WHEREAS, the [General Plan of the Puako] `Aina Le`a Residential Golf Community [project area] is located in an area designated for Urban Expansion. This designation allows for a mix of high density, medium density, and low density urban developments, industrial and/or open designations in areas where new settlements may be desirable, but where the specific settlement pattern and mix of uses have not yet been determined[. Within areas designated for development as resorts, portions of the resort area may be included in the Urban Expansion area. High Density allows uses relating to commercial, multiple residential and related services (general and office commercial; multiple residential - up to 87 units per acre). Medium Density allows uses relating to village and neighborhood commercial and residential and related functions (3- story commercial; residential - up to 35 units per acre). Low Density allows single family residential in character, ancillary community and public uses, and convenience type commercial uses.]; and WHEREAS, the General Plan Land Use element identifies the coastal areas proximate to the subject property, as Resort[.]: and WHEREAS, Time Share is a permitted use within the General Plan Land Use Pattern Allocation Guide (LUPAG) Map Land Use Resort element[.]; and WHEREAS, the [coastal areas are part of the South Kohala Coast Resort community consisting ofJ Waikoloa, Mauna Lani, Hapuna and Mauna Kea Resorts[. These resorts] are located less than five miles from the project site and are zoned Resort (V-1.25), Village Commercial (CV-10), and Multiple Family Residential (RM-1.5, RM-3, RM-4, RM-6 and RM-8)[.]; and [WHEREAS, portions of the Puako Residential Golf Community project area will have permitted uses consistent with the Multiple Family Residential zoned district. WHEREAS, Time Share may be allowed within the Multiple Family Residential structures within the project area. WHEREAS, the location of the project area can complement the existing resort activities along the coast. It would provide an alternate means of financing the cost of transient or vacation accommodation at an affordable rate for different economic spectrums. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that a maximum of 750 Time Share Units be allowed within the project Multiple Family Residential zoned area; and BE IT FURTHER RESOLVED that Time Share use can complement the existing resort uses along the coast as well as broaden the base of the visitor industry; and BE IT FURTHER RESOLVED that the proposed measure be forwarded to the Council; and BE IT FINALLY RESOLVED that the Council requests that the County Clerk transmit copies of this resolution to Virginia Goldstein, Planning Director, Planning Department; Richazd Wurdeman, Corporation Counsel; the Honorable Stephen K. Yamashiro, Mayor of the County of Hawaii and Connie Kiriu, Legislative Auditor.] WHEREAS, the `Aina Le`a project would complement the existin rg wort activities along the coast by providing alternative forms of accommodations for transient occupants; and WHEREAS, Chapter 514E-1, Hawaii Revised Statutes, defines "Transient vacation rentals" as rentals in a multi-unit building to visitors over the course of one or more wears, with the duration of occupancy less than thin~days for the transient occupant; and WHEREAS, the State Legislature's Conference Committee Report on Chapter 514E provides: "It is the clear intention of your conferees that time sharing and transient vacation rental use are identical uses of land, without regard to ownership, and that both uses of land should be addressed in a coequal manner by the counties" and that "time sharing and transient vacation rentals should be either permitted or prohibited on an equal basis within an azea deemed appropriate by the count ;wand WHEREAS, pursuant to Chapter 514E, Hawaii Revised Statutes, transient vacation rentals relate to "use". and time share units are a form of transient vacation rentals that relate to the form of "ownership"; and WHEREAS, Section 25-1-5(b)(103) of the Hawaii County Code defines "time share unit" as "multiple-dwelling unit or hotel, which is owned, occupied or possessed under an ownership and/or use agreement among various persons for less than a sixty-day period in an~year for any occupant, and is regulated under the provisions of Chapter 514E Hawaii Revised Statutes as amended"• and WHEREAS the definitions of "transient vacation rentals" as defined by Chapte 514E HRS and "time share plan" as defined by Chapter 514E-1, HRS, and "time share unit" as defined bYSection 25-1-5(bZ 103) of the Hawaii Countv Code are deemed with the exception of the number of days, to be essentially the same use; and WHEREAS, "transient vacation rentals" are presently allowed in various resort, commercial and residential zones where single and multiple-family dwellings are permitted; and WHEREAS, the County Council determines, pursuant to Chapter 514E, HRS, and Section 25-5-32(a~ 19~C), Hawaii County Code, that transient vacation rentals in the form of time share uses within the `Aina Le`a project, up to a maximum of 750 units, are appropriate and shall be allowed within the Multiple Family Residential (RM) zoned portions of the project. NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that all existing multi-family zoned parcels, situated within that certain `Aina Le`a project identified by TMK: (31 6-8-1: Portions of 25 36, 37, 38, 39 and 40, be designated for time share and transient vacation rental use with a maximum of 750 time share units under the provisions of Chapter 514E, Hawaii Revised Statutes and Section 25-5-32(a)(19)(C) of the Hawaii Count ode. BE IT RESOLVED that the Clerk of the County of Hawaii transmit copies of this resolution to Stephen K. Yamashiro, Mayor; Virginia Goldstein, Planning Director; and Richard Wurdeman, Corporation Counsel. Dated at Hilo, Hawaii this day of , 2000. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII