Planning Department Proposes to Prevent Conversion into STRs

Status of About 95 Kihei Properties Would Remain Unchanged

#kihei #housing #planning

07/15/20

In correspondence dated June 26, County Planning Director Michele McLean proposed a bill to make revisions to the County Code regarding transient vacation rentals in designated apartment and industrial districts. She directed her request to the Planning and Sustainable Land Use Committee. The chair is Tamara Paltin.

Tamara Paltin (image: mauicounty.us)

McClean’s proposal is to ensure that “3,000-plus units for residents” are kept for use as long-term rentals. It tries to close loopholes that allow conversion of properties into transient vacation rentals (mauicounty.gov). 

The loopholes were created by the 2014 and 2016 codification of the ordinances popularly known as the “Minatoya ordinances” on short term rentals. Former Deputy Counsel Richard Montoya had written an opinion on the grandfathering of certain transient rental properties which existed prior to land use changes. His opinion was codified via ordinances 4167, 4315 and 4369.

A “property” could consist of more than one dwelling unit, such as a collection of condominiums or an apartment building.

Haleakala Gardens only allows long term rental or ownership status (image: mauioceanfront.com)

Hale Kamaole may have timeshare or short term rental status (image: mauicondoshalekamaole.com)

The locations of some properties were not easily identifiable based on their description on the Planning Department’s attached report, so the numbers quoted have a variance from one to four properties.

Kihei properties on this report appear to outnumber other areas of the island.

Kihei beach with view of west Maui mountains (image: Bettina Norgaard, Pixabay)

There are about 57 properties in Kihei which are designated as having units available to be used on a short term rental basis.In other parts of the island, the number of properties is at 46. 

On the other side, it is estimated that about 38 properties in Kihei are not available to have any timeshare or short term rental use. Elsewhere, there are 36 properties.

This proposal is to keep these Kihei properties status the same but will prevent new properties from being converted, in areas identified as apartment or industrial, into new transient rental accommodations, unless they had already existed as such, legally, prior to January 2020. 

New material is underlined and wording to be deleted from the old ordinance is in brackets in the proposal. See Maui County Planning Proposal.

As of July 16, 2020, this item has not yet been placed on the Planning and Sustainable Land Use Committee’s Agenda. Persons who are interested in following this proposal should sign up for committee notifications or check back on the Committee calendar on a regular basis. A free account sign up may be required.

A short-term rental list is available on the County Planning Department’s website to help clarify for realtors and current and would-be owners if transient vacation rentals are allowed, by property. 

Contact information for the Committee is:

PSLU.committee@mauicounty.us

Ph: (808) 270-7838

Fax: (808) 270 7686