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HomeMy WebLinkAboutCOM 0651.000 1980-1984 • to410 PLANNING DEPARTMENT 28 AUPUNI STREET HILO, HAWAII 06720 HERBERT T.MATAYOSIIi Mayor COUNTY OF SIDNEY M.FUKE HAWAII Director DUANE KANUIIA Deputy Director January 28 , 1982 Honorable Stephen K. Yamashiro, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, -Hawaii 96720 Dear Chairman Yamashiro and Members: Amendments to the Zoning Code to Permit Time Sharing and Transient Vacation Rentals in Resort (V) and Certain Multiple Family Residential (RM) Zones Initiated by the Planning Director The Planning Commission, after its duly held public hearings on September 24 , 1981, and October 9 , 1981 , and at its regular meeting on November 18 , 1981, voted to recommend for your approval the proposed legislative bill designating where time sharing and transient vacation rentals are permitted. The Commission ' s favorable recommendation was based on the following considerations: • Within the past 2 years the proliferation of a fairly recent real estate sales marketing method commonly called time sharing (transient vacation rentals or time share ownership plans) became a source of concern throughout the State . As a result, the Legislature in 1980 felt that the areas or locations where time sharing activities would be permitted should be regulated by the various counties under the general authority already vested in them under Section 46-4 , HRS, (zoning powers) since the issue is basically a land use matter . The Legislative Conference Committee responsible for this Bill stated that it was the intent of the Act to have the Counties "be guided by the notion that time sharing should not be permitted where the life styles of the permanent residents will be disrupted in an unreasonable manner . " To that end , Act 186 , SLH 1980 mandated the various Counties "to limit the location of time share plans within such areas as they (the Counties) deemed appropriate. " COMM. NO. ,C To: FC • 0 • Honorable Stephen K. Yamashiro, Chairman and Members of the County Council Page 2 January 28 , 1982 A typical time share plan involves the selling and purchase of a dwelling unit for a short period of time , typically 2 weeks per year , essentially for vacation use. There are numerous variations of the theme but typically it would function like this - one would purchase the use (or title) to a unit in, say Colorado or California or Hawaii for 2 weeks in September every year . The remaining 50 weeks or so would be sold to others who might want this unit during the other seasons . The units would have some local management to arrange the scheduling, timing , operations and management. Commonly, multiple-family condominium buildings are converted to this type of use. The main element of this sales method or feature called "Time Sharing" is that it is geared to the vacationer rather than the permanent resident. This co-mingling of users often in the same building may generate conflicts between the continually new vacation-oriented tenants and the more permanent, longer term residents and their life styles. The mandate to the County was thus - the Counties shall determine where time sharing would be permitted. The Planning Department, therefore , upon analyzing and studying the issues, recommended that time share plans be permitted only in: 1. All Resort zones; • 2 . Some RM zones which ,initially must be located in areas designated by the County General Plan as resort areas. This would permit time sharing in RM zones in certain portions of Keauhou , Kailua, the resort areas along the South Kohala coast, and Punaluu in the district of Ka 'u . Should other RM areas be desirous of permitting time sharing , an application to the Planning Department would berequired, processed in .a manner similar to any rezoning application. The letter "T" (denoting time sharing) would be entered as a suffix to the RM designation to indicate those RM districts where time sharing would be permitted. The suffix -would not be appended to V designations , since , without exception, time sharing would be permitted in resort districts. The principal reason for limiting time sharing to resort or resort-related areas is that time sharing units function more as a resort than as a permanent residential use. 4 . Those areas where already existing time share plans have been permitted. • 411 4 Honorable Stephen K. Yamashiro, Chairman and Members -of the County Council Page 3 January 28 , 1982 In addition, where time sharing or transient vacation rentals are proposed, a planned development permit would have to be obtained from the Planning Commission before the implementation of or conversion to time sharing or transient vacation rentals could lawfully commence . The exception would be that all condominiums located in the permitted zones (V and RM-T) which had either secured the PDP or which were existing prior to the effective date of this amendment, would be exempted from the PDP requirement. This is the essence of the proposed amendment to the Zoning Code which is presently before you for your consideration. Sincerely, l (jOgi:// , Alfredo Orita Chairman, Planning Commission DT: lrp Enclosures i T1s f< c 4 Rp l • APPROVED: HERBERT T. MAtAYOSHI YOR