HomeMy WebLinkAboutCOM 0739.356 2016-2018 PI GOUNEn_
COMM. 73C
COUNTY CLERK
• COUNTY OF HAWAII
November 2, 2018 Testimony to the Hawaii County Council
Z1118 NOV -2 A14 9: 19
RE: BILL 108, Draft 5, First Reading
Aloha Council Members, my name is Leilani Bronson-Crelly and I reside in Puna
District and am NOT a vacation rental operator— nor in any way affiliated with the
industry. I oppose Proposed Bill 108- Draft 5, and feel strongly that it has
deficiencies that do not serve our district well. I ask you to amend it to be more
equitable to short term vacation rental (STVR) operators in Puna.
It took Maui County over ten years to draft their vacation rental bill, and even
then its former planning director admitted their ordinance did not truly and fully
serve its purpose. One example is the Paia-Haiku Community Plan implemented in
1995 (on which I sat) limited visitor lodging to bed-and-breakfasts only. However,
in 2012 Maui County Council passed its short-term rental bill, allowing that area a
cap of 88 STVR permits, and it currently has 47 according to the Planning
Department. The conundrum remains: comply with the community plan or the
ordinance? The problem also remains: Maui has approximately 9,000 active
vacation rental units with only 223 being legal. That translates to 2.5% are legal
units. While Maui took ten years to draft their bill — after six years in existence, it
still is not serving the county the way it once intended.
I feel that Bill 108, Draft 5 is deficient in many ways including:
1. There appear to be no building requirements or restrictions—as might
appear in Section 25-4-1, Use Regulations.
2. The number of off-street parking for STVRs is not enumerated in Section
25-4-51, but which should be firmly established in this bill.
3. There is however reference to off-street parking in Section 25-4-54, which
shows that in V, CG, and CV (among other) districts, that parking spaces
shall be paved —this can be a costly expense for STVR owners.
4. There is a discrepancy between the listed districts where STVR5 will be
allowed on page one of Draft 5 —which show only V, CG and CV districts,
and possible reference to RM and RCX. Then on pages six to fifteen the
lITestimony by Leilani Bronson - Crelly — Bill 108 , Draft 5 ,
11 / 2 / 20181,q.3
Comm. No.
Ref. To: P 1 MoMMO'
Ref. Dete N O V 0:2 2018
Draft adds three other districts: RS, RD, and CN. Your citations and their
pagination reflective of Chapter 25 are just sloppy and not easy to follow.
5. The proposed nonconforming use certification (or application) —should be
included as an exhibit or addendum to the bill, rather than waiting for the
•Planning Department to draft it at a later date.
6. All the definitions of relevant terms should appear at the beginning of the
bill rather than on page six of Draft 5.
7. Require STVRs in permitted districts to notify neighbors within 300 feet of
their boundaries about their operation —as you require nonconforming
applicants to do.
8. Require STVRs in permitted districts to pay annual renewal fees - as you
require nonconforming applicants to do.
9. Eliminate the section entitled "Evidence of prior use" on nonconforming
applicants as it restricts any future opportunity for STVR operators to be
established after the date of passage of this bill. This section of "prior use"
specifically targets new operators in Puna.
10. Quantify in dollars, value or calculation of percentage lost— in the section
entitled "Director Duties in event of emergency," as to how the director
shall assess the effect of loss to initiate legislative and administrative
opportunities to restore such loss. It is vague and ambiguous.
Many people in Puna have been operating STVRs and wish to continue—some are
fortunate to return to work after the Kilauea Eruption. Its surrounding towns have
also experienced great loss of business due to the closure of these tourist rentals.
Prior to this bill some STVRs have operated under the table - so why not draft
legislation that rewards both the county's coffers as well as the operators'?
This bill assumes tourists only want to stay overnight on the other side of the
island; this is both short-sighted and inaccurate. Puna is a unique and vibrant
region and community and it seeks parity and equality rather than regional and
economic discrimination which the current language of Bill 108 inadvertently
creates.
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21Testimony by Leilani Bronson - Crelly — Bill 108 , Draft 5 ,
11 / 2/ 2018
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