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HomeMy WebLinkAboutPowerPoint Presentation Bill 122 (PL-CCI-2024-004) BILL 122 , RELATED TO �e�cGo�BeoGan� �r� tas a �rxmGUr� rL-cci-zoza00000a THE COUNTY COUNCIL HAS REFERRED BILL 122 TO THE PLANNING DIRECTOR AND WINDWARD AND LEEWARD PLANNING COMMISSIONS FOR COMMENT AND RECOMMENDATIONS The purpose of this amendment is to repeal all Zoning Code provisions for bed and breakfast establishments (B&Bs) as they will be regulated as either an Owner-hosted or Operator-hosted transient accommodation rental , should County Council-initiated Bill 121 (Transient Accommodation Rentals) be adopted. �/UG�ac��s o��eoGanoG�re�c,�'�s't' A B&B is currently defined as any single family dwelling and/or guest house (pursuant to HCC section 25-4-9), which have been permitted on a building site, in which overnight accommodations and only breakfast meals are provided to a maximum of ten guests, for compensation, for periods of less than 30 days. The B&B establishment shall be subordinate and clearly incidental to the principal use as a residence by its operator and not alter or be detrimental to the character of the surrounding area. The operator of the B&B establishment shall reside on the same building site as that being used for the B&B establishment. 1 1 1 1 1 I 1 I 1 1 B&Bs are currently permitted by right in the following zoning districts: • Double Family Residential (RD) zoning district; • Multiple-Family Residential (RM) zoning district; • Residential Commercial Mixed Use (RCX) zoning district; • Resort Hotel (V) zoning district; • Neighborhood Commercial (CN) zoning district; • General Commercial (CG) zoning district • Village Commercial (CV) zoning district • Downtown Hilo Commercial (CDH) zoning district. B&Bs are also permitted in the following zoning districts as long as a Use Permit is obtained if the subject parcel is located within the State Land Use Urban district and a Special Permit is obtained if the subject parcel is located within the State Land Use Rural and Agricultural districts: • Single-Family Residential (RS) zoning district; • Residential and Agricultural (RA) zoning district; • Family Agricultural (FA) zoning district; and • Agricultural (A) zoning district. I I I I I I I , Bill 122 seeks to amend Chapter 25 as follows: • Repeals the current definition of `Bed and breakfast establishments' . • Repeals the need to secure a use permit for B&B establishments in RS, RA, FA, and A zoning districts within the State Land Use Urban district. • Repeals the entire section relating to B&B establishments and the standards and requirements for B&B establishments which is currently found in section 25-4-7 of the Hawaii County Code. • Repeals parking requirements for B&B establishments. Bill 122 also seeks to amend Article 4, Chapter 14, Definitions as PROPOSED AMENDMENTS TO HCC CHAPTER 14 (GENERAL WELFARE) follows: • Modify the existing definition of ` Hotel' to delete the language of bed and breakfast establishments and to further define ` Hotel ' as just a ". . .a transient accommodation rental." PLANNING DIRECTOR 'S peCom�e�w�ac�n� The Planning Director recommends that the Planning Commissions send a favorable recommendation of Bill No. 122 to the County Council with the following suggested revisions: RECOMMENDATION Under Section 7 of the draft bill , consider changing the proposed definition of ` Hotel ' to match the definition of ` Hotel ' that is already in place and found in Chapter 25 which means "a building or group of buildings containing six or more rooms or suites which provides transient lodging accommodations, meals, entertainment, and various personal services for compensation, whether such establishment is called a hotel, motel, motor hotel, motor lodge, inn, or otherwise." Reason: Definitions are important because most definitions embody the law. Therefore, if there are two definitions of ` Hotel ' that are found in our Hawaii County Code, then there is no clear guidance regarding how a Hotel is to be understood and/or regulated. RECOMMENDATION Recommend adding language in Bill 121 (Transient Accommodation Rentals) that would allow the continued operation of existing bed and breakfast establishments that were permitted by a special permit or a use permit prior to adoption of Bill 121. Reason: The Planning Director is recommending that there be language added to Bill 121 (Transient Accommodation Rentals) that would allow for the continued operation of existing B&Bs per the conditions of the use permit or special permit and the good neighbor standards proposed in Bill 121. nrxt 9tPT The Windward and Leeward Planning Commissions are required to take action on Bill 122 and transmit to council by May 29, 2024. The commissions may recommend approval of all , some, or none of the Director's suggested recommendations. The commissions may also recommend their own revisions to the bill . Once Bill 122 alongside Bill 121 and 123 is heard before the Windward and Leeward Planning Commission , the recommendations will be sent back to the County Council 's Policy Committee on Planning, Land Use and Development, where the bills will then be forwarded with a recommendation to Council . At Council , the bills will need to go through the 1st and 2nd (Final) Reading in order to be passed as an ordinance.