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Commission OKs vacation rental bill
Technicality sends bill to County Council without action
By Michael Levine - The Garden Island
LIHU‘E — The county Planning Commission on Tuesday failed to act on a proposed bill that would temporarily allow transient vacation rentals on agricultural land, sending the measure back to the Kaua‘i County Council for action without amendment, recommendation or even much discussion.
The commission’s deliberations on Bill No. 2298 ended abruptly on a technicality when Commissioner Paula Morikami’s motion to deny the bill in its entirety and nix the amendments recommended by the Planning Department earned two ayes and three nays, leaving it short of passage and the commission in limbo.
With Commissioners Hartwell Blake and Jan Kimura not in attendance for the afternoon portion of the meeting, the motion could not be disposed and no other motion could be made.
Normally the motion on the floor could be deferred to the next meeting, Planning Director Ian Costa said outside the Mo‘ikeha Building, but the next meeting comes after the July 11 deadline for action by the commission, so the discussion was closed after Deputy County Attorney Ian Jung reviewed Robert’s Rules of Order during a brief recess.
Planning Commission meetings are held on the second and fourth Tuesdays of every month, so June’s calendar layout means there will be three weeks before the next meeting rather than the usual two.
While the bill will be passed back to the council in the same form it was received and without formal recommendation, the council will receive as part of the record the full account of what the commission discussed, so all is not lost.
The motion to deny, which Morikami said was due to her belief that Ordinance 864, passed into law last year, needs improvement to adequately restrict TVRs to so-called visitor destination areas.
“I just have a philosophical difference with where TVRs should be placed,” she said. “I just don’t like the way this ordinance reads. ... I think that Ordinance No. 864 needs improvement, and I don’t know if we should be doing it piecemeal like this.”
Draft Bill 2298 would essentially put the related part of Ordinance 864 on hold while the county works on determining important agricultural lands.
Commissioner Caven Raco seconded Morikami’s motion purely for discussion purposes before voting against it, along with Herman Texeira and Camilla Matsumoto. Chair Jimmy Nishida voted aye along with Morikami.
“When this ordinance came out, I had a hard time swallowing it myself,” Raco said of 864, adding that Bill 2298 could serve as “the vehicle that will regulate TVRs on ag land, and it is discretionary.”
Planning Department-recommended amendments would have required applicants to acquire both a non-conforming use certificate and a special permit from the commission in order to continue operating the vacation rental while the important ag land study is conducted.
The commission’s deliberations on Bill No. 2298 ended abruptly on a technicality when Commissioner Paula Morikami’s motion to deny the bill in its entirety and nix the amendments recommended by the Planning Department earned two ayes and three nays, leaving it short of passage and the commission in limbo.
With Commissioners Hartwell Blake and Jan Kimura not in attendance for the afternoon portion of the meeting, the motion could not be disposed and no other motion could be made.
Normally the motion on the floor could be deferred to the next meeting, Planning Director Ian Costa said outside the Mo‘ikeha Building, but the next meeting comes after the July 11 deadline for action by the commission, so the discussion was closed after Deputy County Attorney Ian Jung reviewed Robert’s Rules of Order during a brief recess.
Planning Commission meetings are held on the second and fourth Tuesdays of every month, so June’s calendar layout means there will be three weeks before the next meeting rather than the usual two.
While the bill will be passed back to the council in the same form it was received and without formal recommendation, the council will receive as part of the record the full account of what the commission discussed, so all is not lost.
The motion to deny, which Morikami said was due to her belief that Ordinance 864, passed into law last year, needs improvement to adequately restrict TVRs to so-called visitor destination areas.
“I just have a philosophical difference with where TVRs should be placed,” she said. “I just don’t like the way this ordinance reads. ... I think that Ordinance No. 864 needs improvement, and I don’t know if we should be doing it piecemeal like this.”
Draft Bill 2298 would essentially put the related part of Ordinance 864 on hold while the county works on determining important agricultural lands.
Commissioner Caven Raco seconded Morikami’s motion purely for discussion purposes before voting against it, along with Herman Texeira and Camilla Matsumoto. Chair Jimmy Nishida voted aye along with Morikami.
“When this ordinance came out, I had a hard time swallowing it myself,” Raco said of 864, adding that Bill 2298 could serve as “the vehicle that will regulate TVRs on ag land, and it is discretionary.”
Planning Department-recommended amendments would have required applicants to acquire both a non-conforming use certificate and a special permit from the commission in order to continue operating the vacation rental while the important ag land study is conducted.
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Related headlines
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The following are comments from the readers. In no way do they represent the view of kauaiworld.com.
kona wrote on Jun 25, 2009 8:49 AM:
" Paula did the right thing. There is no conflict of interest. We have enough VDA's on this island. If you want to rent to tourists buy property in the VDA and go for it. Ag land is for Ag, local neighborhoods are for raising families. "
miminni wrote on Jun 26, 2009 8:37 AM:
" Manawai had better get his facts verified before he misleads. Paula Morikami has not worked for the Princeville Corporation for YEARS!
She was born and raised on the island and has always had the best interests of the island and its people first. She has served on the County Council and in the State House in the past. She is familiar with the workings of the political system. Please verify your facts before speaking like an expert and misleading. "
She was born and raised on the island and has always had the best interests of the island and its people first. She has served on the County Council and in the State House in the past. She is familiar with the workings of the political system. Please verify your facts before speaking like an expert and misleading. "
Takenaka wrote on Jun 26, 2009 10:42 AM:
" I agree with "kona". What we need here is strict adherence to our current land divisions. Whether temporary or permanent, vacation rentals do not belong on Agricultural land. "
hminni wrote on Jun 26, 2009 1:43 PM:
" Sounds like Manawai has her/his own vested interest in seeing kauai go down the same road as did Oahu and Maui.
When I first saw kauai in 1979 I ws thrilled that it was what they said it was.. A true Garden Island. No need to describe the state of Oahu at that time. A jungle of concrete hgihways with no logic to the development. I had heard that Kauai would learn from the mistakes.
I felt this to be the case for many years. I was against the original split of farm Ag land into smaller acres that would permit one house on it. But felt that would be the end of further changes on Ag land.
Now to allow a use on that property that clearly should only be on land that is zoned per the General Plan is tantamont to going down
the same 'slippery path' into making kauai something that it should not be.
The title of Garden Island will slowly slip away in my opinion.
If I had my way, I would overturn the ag zoning and return it to what it was years ago.
But at a minimum, any allowance for short term vacation rentals on Ag land should go the way of smoking on Airplanes,,, FOREVER banned..
I only wish that the planning commision had the courage to stand up to the 'vested interests' of those wanting it to happen! "
When I first saw kauai in 1979 I ws thrilled that it was what they said it was.. A true Garden Island. No need to describe the state of Oahu at that time. A jungle of concrete hgihways with no logic to the development. I had heard that Kauai would learn from the mistakes.
I felt this to be the case for many years. I was against the original split of farm Ag land into smaller acres that would permit one house on it. But felt that would be the end of further changes on Ag land.
Now to allow a use on that property that clearly should only be on land that is zoned per the General Plan is tantamont to going down
the same 'slippery path' into making kauai something that it should not be.
The title of Garden Island will slowly slip away in my opinion.
If I had my way, I would overturn the ag zoning and return it to what it was years ago.
But at a minimum, any allowance for short term vacation rentals on Ag land should go the way of smoking on Airplanes,,, FOREVER banned..
I only wish that the planning commision had the courage to stand up to the 'vested interests' of those wanting it to happen! "
Paula Morikami wrote on Jun 26, 2009 3:59 PM:
" I do not have a problem when people disagree with my vote on a particular issue. However, I do have a major concern when false statements are made about me that question my integrity. For the record, I have no vested interest in Princeville Corporation whatsoever. I have not been affiliated with the company for 14 years since 1995. I would hope that facts would be checked out first before spreading false statements. Thank you. "
Marjorie wrote on Jun 27, 2009 4:07 PM:
" It's disheartening to me that in a place like Kauai some people are more concerned with dollars than protecting the very reason people love being on Kauai. If our laws state a driveway is for parking and we disteguard that and park on the grass what happens... The grass dies. If land that has been slated as ag land that's what it's for. Don't like it, go buy rental property! Or better yet, run for a political office yourself, vote for the people you believe in and share values with. We as a society should be asking better questions of eachother instead of pointing fingers. What is the intention? I know Paula and her intentions are for the best for all on Kauai. She takes her posistion to heart and does work not required by the coucil but required by her own personal standards, going above and beyond. And let's please remember these posistions are voluntary, unpaid and under appreciated. I am honored to call Paula a friend and thankful for a representative that's transparent, honest, and refuses to play the political game most do. Thank you Paula for trying to keep Kauai...Kauai while helping it grow in a way we will not regreat but be proud of in the years to come. I for one know that if Paula EVER thought she was in a conflict of interest situation she would remove herself beforeeven being asked to do so. "
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manawai wrote on Jun 25, 2009 7:31 AM: