HomeMy WebLinkAboutREP PC 074 2018/10/16 (2016-2018) REPORT OF THE
COMMITTEE ON PLANNING
DATE: October 16, 2018 Re: Comm. No. 739.83/Bill No. 108, Draft 4
PLACE: Council Chambers
Kona, Hawai`i
TIME: 9:43 a.m.
Council Chair and Members
Hawaii County Council
Hilo, Hawai`i 96720
Your Committee on Planning, to which was referred Bill No. 108, Draft 4, reports as follows:
Bill No. 108, Draft 4, transmitted by Mayor Harry Kim, via Communication No. 739.83, dated
September 27, 2018, amends Chapter 25, Article 1, Article 2, Article 4, and Article 5, of the
Hawaii County Code 1983 (2016 edition, as amended), relating to Short-Term Vacation Rentals.
Mayor Kim forwarded the Windward and Leeward Planning Commissions' favorable
recommendations for this measure, which would define where short-term vacation rentals would
be allowed, establishes regulations for their use, and provides a way for an owner or operator to
obtain a nonconforming use certificate that would allow them to operate in a non-permitted
district.
Planning Director Michael Yee, Deputy Planning Director Daryn Arai and Deputy Corporation
Counsel Ronald Kim were present.
Council Member Karen Eoff explained the process that this measure has gone through thus far,
and thanked the public, administration, the planning department and legislative research branch
for the extensive work that went into this bill.
Mr. Yee gave an overview of his recommendations, and recommendations of the Leeward and
Windward Planning Commissions. Mr. Yee addressed enforcement issues and the need to find
the right balance with regard to zoning.
Ms. Eoff moved to amend Bill 108, Draft 4, with the contents of Communication No. 739.310,
which incorporates recommendations of the Planning Director, and Leeward and Windward
Planning Commissions. Ms. Eoff explained that this amendment improves the bill greatly and
incorporates the recommendations of the Director and both Planning Commissions. Ms. Eoff
proceeded to explain each amendment in Communication 739.310, one by one.
Council Members Eoff, Kanuha, David, Poindexter, Lee Loy and Richards each spoke in favor
of the amendment, and several inquiries were made to Director Yee and Deputy Director Arai.
Council Member O'Hara voiced her concerns regarding how this bill will negatively affect
people who wish to start a short-term vacation rental business on lots within the State Land Use
Agricultural areas in Puna.
PC Report No. 74
PC-74 Page 2 October 16, 2018
The vote was then taken on the motion to amend Bill 108 Draft 4, with the contents of
Communication No. 739.310, and passed with seven ayes. Council Member O'Hara voted no,
and Council Member Ruggles was absent for this meeting.
Several council members commented with support to forward Bill 108 forward to council.
The vote was then taken on the main motion to move this measure, as amended, to council with a
positive recommendation and passed with 6 ayes. Council Member Tim Richards voted
"kanalua aye," Council Members Jennifer Ruggles and Aaron Chung were not present, and
Council Member Eileen O'Hara voted no.
Your Committee on Planning is in accord with the purpose and intent of Bill No. 108, Draft 5,
and recommends its passage on first reading.
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AYES NOES ABS EX Respectfully submitted,
CHUNG X
DAVID x COMMITTEE ON PLANNING
EOFF X
KANUHA X
LEE LOY X
O'HARA X "'�" 6
POINDEXTER x KAREN EOFF, CHA R
RICHARDS X PC REPORT NO.: 74
RUGGLES X ADOPTED: NOV 0 2 2018