REP PC 098 10/07/2008 2006-2008 - Laserfiche WebLink

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Communication 426 Bill 148 (2004-2006) Page 2 of 3 Council Member Ford noted that concerns expressed to her were those of noise, traffic and busses on rural roads and cautioned the members to take a hazd look at community concerns in further consideration of this matter. This matter was further postponed to the February 20, 2008 Committee on Planning meeting in West Hawaii to allow the Agricultural Association additional time within which to redraft the proposed ordinance. At the February 20, 2008, Committee on Planning meeting, public testimony was presented by James Weatherford. Director Yuen noted he had not received a proposed redraft of Bill 148. Following discussion, this matter was further postponed to the Committee on Planning meeting on March 24, 2008. At the March 24, 2008 Committee on Planning meeting Planning Director Yuen requested another postponement to the July 1, 2008 planning meeting. A motion to postpone this matter to July 1, 2008 was unanimously approved. At the July 1, 2008 Committee on Planning meeting testimony was presented by Nancy Miller, who stated that although she is the secretary of the Hawaii AgriTourism Association, she was appearing on her own behalf to request that the Council allow the association more time to come up with a redraft of the Agricultural Tourism bill. Ms. Miller explained the groups aze close to an agreement. Planning Director Yuen stated that the department is not making further changes to Bill 148 without first obtaining input from the AgriTourism people. Councilmember Jacobson and Council Chair Hoffmann both urged the groups to come forward and Mr. Hoffmann expressed concern that this matter continues without progress especially considering the several prior postponements. Director Yuen noted that with regard to proposed amendments, as long as the basic thrust of the ordinance remains unchanged the Council still has jurisdiction. However, Mr. Yuen noted that significant amendments would require sending the matter back to the Planning Commission. This matter was postponed to the October 7, 2008 Committee on Planning meeting. At the October 7, 2008 Planning Committee meeting the following members of the public presented testimony: Nancy Ginter-Miller, Tim Rees, Lani Weigert and Jim Reddekopp. Director Yuen explained that this matter has been pending for a while because of differing opinions between the group who felt the bill was too restrictive and the group who felt it was not restrictive enough. Mr. Yuen explained that the proposed bill provides a process other than a Special Use Permit for farmers to conduct an agricultural tourism business and that Bill 148 would bring the County into compliance with Act 250. He said the law allows selling of agricultural products at roadside stands but there were lines that needed to be drawn. PC Report No. 98