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Home My WebLink AboutRES 229 Draft 02 1998-2000 COUNTY OF HAWAII STATE OF HAWAII RESOLUTION N0. 22~~_ A RESOLUTION REQUESTING THAT'fIME SHARE UNITS BE PERMITTED WITHIN THE AREAS OF TAX MAP KF,Y: 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 HAWAI`1 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)(19) of the Hawaii County Code, allows time share units in any of the following: (A) Areas designated as resort under [he 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; and WHEREAS, the `Aina Le`a Residential Golf Community is located in an area designated for Urban Expansion. This designation allows for a ntix 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; and WHEREAS, [he General Plan Land Use element identifies the coastal areas proximate to the suhject 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 Waikoloa, Mauna Lath, Hapuna and Mauna Kea 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-I.S, RM-3, RM-4, RM-6 and RM-R); and WHEREAS, the `Aina Le`a project would complement the existing resort activities along the coast by providing alternative forms of accommodations for transient occupancy; and WHEREAS, Chapter 514E-I, Hawaii Revised Statutes, defines "Transient vacation rentals" as rentals in a multi-unit building to visitors over the course of one or rnore years, with the duration of occupancy less than thirty days for the transient occupant; and WHEREAS, the State Legislature's Conference Committee Repotl on Chapter 514E provides: "tt 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"; and WHEREAS, pursuant to Chapter 514E, Hawaii Revised Statutes, transient vacation rentals relate to "use", and lime share units are a fora of transient vacation rentals that relate to the form of "ownership"; and WHEREAS, Section 25-1-5(6)(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 asixty-day period in any 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 Chapter 514E-1, HRS, and "time share plan" as defined by Chapter 514E-1, HRS and "time share unit" as defined by Section 25-1-5(6)(103) of the Hawaii County 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 [o 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: (3) 6-8-1: Portions of 25, 36, 37, 38 39 and 4Q, 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 County Code; and 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 2nd day of June , 2000. INTRODUCED~B ~ - ~ COUNCIL MEMBER, COUNTY OF HAWAI`1 COUNTY COUNCIL ROLL CALL VOTE County of Hawaii AYES Noss ABS Ex HiIO, HaWal'1 ARAKAKI CIIUNG I hereby certify that the foregoing RESOLUTION was by ELARIONOFP R the vote indicated to the right hereof adopted by the COUNCIL of the )ACOBSON County of Hawaii o? June 2 , 2000 X LEITHEAD-TODD g ATTEST: YISICCHIO X SMITH R TYLER g ~ YAGONG g 5 4 0 0 Reference: C-704.025 C CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. ~ ~9 DO (DRAFT 2 )