HomeMy WebLinkAboutCOM 0739.213 2016-20187/9/18
Aloha Ms. Eoff,
dill toy
(AMM. 'lel
.COUNT. ' OF HAWAII
1010 JUL 10 Ali 9: 44
I am writing today to amend my previous correspondence that I have included at the
end of this note for you records.
After reviewing the proposed bill 108, Draft #4 with amendments, I am particularly
opposed to any provision that would either "grand father" and or allow with non-
conforming use permits, vacation rentals outside the currently allowed zoning
classifications including Resort M zoning.
I oppose these provisions primarily because current property owners, who purchased
homes in districts where vacation rentals are excluded, are now subject to a use they
never contemplated being allowed. What are current property owner's recourse against
the County for simply not enforcing their current zoning rules but instead passing
another set of rules that allow a different use? I would contend they are a majority of
owners within these districts not the non -conforming owners.
In addition and despite the funding provisions for enforcement of the "new rules", the
County will lack the funds therefore the personnel to police and enforce the provisions
specified within Bill 108 in it's current and amended form. Bill 108 will instead open a
very large, can of worms" the County has never managed before. As evidence of the
County's inability to manage and enforce their own current and simple zoning rules/uses
are in fact the owners currently violating the County's existing zoning rules. If the
County can not enforce their simple rules, passing more rules that are even more
difficult and complicated to enforce regarding vacation rentals, will further exacerbate
the County's enforcement problem. This will predictably lead to multiple legal and law
enforcement issues the County is poorly equipped to manage or defend.
Why not simply enforce the well intended and planned County zoning rules including the
allowed uses within those classifications instead of playing perpetual "catchup" with new
rules and regulations as Bill 108 attempts to accomplish? I mention the perpetual
"catchup" issue as once the County passes these rules that include "special use"
permits, the unintended consequences will begin including "mini hotel" and other
structures specifically suited for higher than normal density and vacation rental use
within residential neighborhoods and especially on agricultural zoned lots and
communities where larger lots exist.
COMFM No. d a-0
Re's. To:
'Ref. Date
Fair warning -keeping the existing rules in place and enforcing them will be far simpler
than concocting a path for "non conforming" use to appease constituencies that have
violated the current zoning laws in the first place.
Aloha,
Rick Oliver
68-1025 North Kaniku Drive, Kamuela, HI 96743
Previously Sent by email 4/24/18
I
Thank you for your service on the Hawaii County Council. I live in
the South Kohala District and understand you represent the North
Kona District but as you know, the issues in one district are issues
for all others. I am writing to you specifically regarding your
proposed Bill 108 regarding Vacation Rental rules and restrictions I
Agricultural (AG) and Residential (R) zoned properties. I
1. What rental activities are currently allowed in "R!' and "AG"
zoning? Do they allow rentals of 30 days (Hotel) or less if the owner
is not inhabiting the structure being rented?
2. What is the County of Hawaii's response to violaters
rs of the
County's current zoning code including restrictions regarding
(Hotel) vacation rental activity? Is the County pursuing legal action
for zoning violators and if so how? If not why not?
It has always been my understanding that without a "Y' zoning, thc
County of Hawaii Zoning code prohibited vacation rental activity in
and "AG" districts as these districts were specifically zoned for
agricultural use or typical residential uses due to the fact that
vacation rental activity encourages "transient )I activity similar to- a
hotel with all the same management challenges a hotel incurs.
These unique transient activities and challenges include:
Increased vehicular traffic due to the presence of -the transient
guest, cleaning and other service personnel necessary to
manage these unique transient occupancy circumstances.
Dissimilar demographic profiles of vacation rental guests in
stark contrast to the existing, surrounding inhabitants of the
other homes. Short term and possibly out of state visitors
versus long-term residents including kama'aina fames with
children and senior citizens.
• Potential for noise and other behavioral complaints that are
difficult to manage and resolve. Noise and behavioral
complaints on Hawaii Island are only enforceable by calling
HPD. Even occasional complaints between neighbors are often
resolved easily and quicker as the residents are forced to
negotiate "peace" as there exists a somewhat long-term
relationship. Vacation renters are difficult to manage as the
only resolution for the offended, long term occupant is to call
the police to act as a referee as the actual owner is probably out
of State and the vacation renter is long gone. This results in reduced
property values as long-term residents move out when a conflict
cannot be resolved. That is why "hotel" activity is limited to specific
zones -V -zoning in this case.
• Potential for each room in a housing structure to be rented out
separately on a nightly basis, which increases occupancy
turnover and escalates further the problems previously
mentioned.
After the fact legislation, due to the County's non enforcement
and or poorly written zoning and use restrictions puts the
burden on small and sometimes hard to organize, Community
Associations to retroactively pass rules to restrict the hotel
activity. Community documents, if present, are hard to change,
as they usually require a super majority of owners to vote for
the amendment to the overning documents. Owne
gr
complacency and lack of involvement make these hard to
achieve and should not be necessary if in fact the County is
enforcing their zoning rules.
• Resort real estate values are being diminished because
vacation rentals are being allowed illegally in non resort" 11
zoned properties. The less expensive "R 17 and "A" )) properties
rented at high, per night rates (vacation rental -short term) is a
great arbitrage!
"R" and "AG" zoned property values are increasing where
vacation rentals are being tolerated and allowed by non-
enforcement, driving owner occupied local families out of the
purchase market. Look at recent news reports of "Super" size
"houses" being built on the relatively, inexpensive east side's
coastal zones as an example. These are "hotels" by any other
tescription as the owners are counting on higher vacation
rental rates to justify their high investment costs in these areas.
• Long-term rental rates for local families and individuals are
being escalated because of vacation rentals being allowed in
non -resort (V) zoned areas where they typically live.
I could compile a comprehensive list of any other points but I
think you understand. where I am . going with my
correspondence. As a real estate professional involved in
development and other real estate activities, it has always been
my
understanding that re -zoning is the only solution to allow a
particular use in a zoning district that precludes such use -on a very
broad geographic basis.
I do understand the Special Use Permits process and approval as this
process allows public input for these permits and re -zoning actions
from potentially effected, surrounding property owners.
I do not understand the County of Hawaii not enforcing their zoning
co,de if in fact they preclude vacation rentals in AG and'R zoned
districts. Your answers to my first 2 questions should clarify. An
approved use is an -approved use. The County's lack of enforcement
within a classification should not be interpreted to mean it's "ok"
and lead to activity that was never contemplated by thousands of
owners who purchased properties in these areas or approved by the
LIMM
I believe your Bill 108 seeks to clarify and rectify some of the issues
that I mention at some level even though I would point out that
increasing taxes on what are commercial apartments (hotels) only
irives the activity below the "radar" and still does not address the
,ither issues I mention especially the property rights of existing
Allowing a transient commercial activity which essentially is a
"hotel" adjacent to families with children and seniors who have
invested in a particular community because of perceived use
restrictions and seeking something other than a residential hotel as
a neighbor should be the County of Hawaii's concern not raising
additional tax revenues from illegal "hotels". Those seeking vacation
rental properties and revenues (Hotel use) should purchase within
the "T zoned districts where it is allowed and can be controlled,
restricted or precluded by community documents.
Many thanks for reading my correspondence. I have been a real
estate broker specializing in residential development for over 30
years. I have lived for 15 years in a community that"Allows vacation
rental within the Mauna Lani Resort so I know first hand about
"transient occupancy )y use and guest behavior. In addition I was the
president of my community, The Villages at Mauna Lani community
and managed many of the issues I mention via their BOD. Lastly, I
work for a residential developer within the Mauna Lani Resort
where we are planning and building properties that do allow
vacation rental activity. Our documents and house rules are intended
to manage many of the issues I mention. We have prepared our
community documents based on our experience.
Finally, are 'WandAG" zoned communities where transient "hotel"
use was not necessarily contemplated equally prepared.? I would
say -probably not.
Aloha
Rick Oliver 68-1025 North Kaniku Drive #103 Kamulea, HI 96743