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Home My WebLink AboutCOM 0551.000 2008-2010 J9i.~ 1 1 1009 County of Hawai'i PLANNING COMMISSION Aupuni Center. 101 Pauahi Street, Suite 3 . Hila, Hawai'i 96720 Phone (808) 961-8288 . Fax (808) 961-8742 ,~) (f) ;'T1 --'~~:) The Honorable J Yoshimoto, Chairman and Members of the County Council County ofHawai'i 333 KIlauea Avenue, 2nd Floor Hilo, HI 96720 r'<) ,r: ::::J CD '- Dear Chairman Yoshimoto and Council Members: c...._) 0-) Planning Director Initiated Amendment to Chapter 25 (Zoning Code) ofthe Hawai'i County Code 1983 (2005 Edition), As Amended Relating to Agricultural Tourism The Windward Planning Commission at its duly held public hearing on August 7, 2009, considered the request by the Planning Director for an amendment to Chapter 25 (Zoning Code), Article 4, Division 1, Section 25-4-15(f) and (g), Hawai'i County Code 1983 (2005 Edition, as amended) relating to agricultural tourism. The purpose of the amendment is to extend the 12-month amnesty period (November 20, 2009) for non- permitted agricultural tourism operations to 18 months (May 20, 2010). The Windward Planning Commission voted to forward a favorable recommendation to the County Council for this request. We have enclosed the Planning Department's Background & Recommendation Report and a transcript of the hearing for your information. Si"ncerelY, ,/J ~ L/~ ~;;tJ ~f Rell Woodward, Chairman Windward Planning Commission IPDlnitiatedAgTourismpc 1 cc: Planning Department-Kona Lincoln Ashida, Esq. (et'll 15 ~ ) Hawai 'i County is an Equal Opportunity Provider and Employer Comm. No. 55 I Ref. TO:~Co&ulc.c:,= Ref. DaIe~-P 25 2D!J!i )$fP2 2 2009 County of Hawai'i PLANNING COMMISSION Aupuni Center. 101 Pauahi Street, Suite 3 . Hilo, Hawai'i 96720 Phone (808) 961-8288 . Fax (808) 961-8742 The Honorable J Yoshimoto, Chairman and Members of the County Council County of Hawai 'i 333 KIlauea Avenue, 2nd Floor Hilo, HI 96720 Dear Chairman Yoshimoto and Council Members: Planning Director Initiated Amendment to Chapter 25 (Zoning Code) of the Hawai'i County Code 1983 (2005 Edition), As Amended Relating to Agricultural Tourism The Leeward Planning Commission at its duly held public hearing on August 28,2009, considered the request by the Planning Director for an amendment to Chapter 25 (Zoning Code), Article 4, Division 1, Section 25-4-15(f) and (g), Hawai'i County Code 1983 (2005 Edition, as amended) relating to agricultural tourism. The purpose of the amendment is to extend the 12-month amnesty period (November 20,2009) for non- permitted agricultural tourism operations to 18 months (May 20, 2010). The Leeward Planning Commission voted to forward a favorable recommendation to the County Council for this request. We have enclosed the Planning Department's Background & Recommendation Report and a transcript of the hearing for your information. Sincerely, /' " , LLAVA~ 0~~~ R~:; ~~abe, Chairman Leeward Planning Commission IPDInitiatedAgTounsmL WPC I cc: Planning Department-Kona Lincoln Ashida, Esq. Hawai'i County is an Equal Opportunity Provider and Employer Vice Chair GUY ENRIQUES BRENDA FORD KELLY GREENWELL DONALD IKEDA EMIL Y I. NAEOLE DENNIS "FRESH" ONISHI DOMINIC Y AGONG J YOSHIMOTO Chair & Presiding Officer PETE HOFFMANN HA W AI'I COUNTY COUNCIL County of Hawai 'i Hawai'i County Building 25 Aupuni Street Hilo, Hawai 'i 96720 September 24, 2009 J Yoshimoto, Chair Hawai'i County Council 25 Aupuni Street Hilo, Hawai'i 96720 RE: Bill No. 153 : Planning Director Initiated Amendment to Chapter 25 (Zoning Code) of the Hawai'i County Code 1983 (2005 Edition), As Amended Relating to Agricultural Tourism. Pursuant to Section 2(g) of Rule 4 of the Rules of Procedure of the Council of the County of Hawai'i, this written request is submitted with my approval that the above-referenced matter be waived from the Planning Committee to the full Council for immediate action. In reviewing this matter, timely approval is crucial. It is therefore advantageous that approval be granted and the matter be placed onto the next Council agenda for review. However, in the event this request is denied, for whatever reason, I understand the matter shall be referred to the Planning Committee for placement on its future agenda. Sincerely, &~~ Donald Ikeda, Chair Planning Committee Approved/Date/Waive to Council: r41-~ ~J Yoshimoto, Chair V Hawai' i County Council Disapproved/Date/Refer to PC: J Yoshimoto, Chair Hawai'i County Council Hawai 'i County Is An Equal Opportunity Provider And Employer .'.~. 'l . ',-, ~, \.- ,/ ..~.i :- -, .~'-~ ~~I~ -":' , ., . . '.,,' -1- '~. ,. \ ,~,'. \....f ~ : -2- /) COUNTY' OF HAWAI'I ,') (. ' .. I STATE OF HAWAI~I BILL NO. 148 (DRAFT 3) ORDINANCE NO. 08 :tS5 AN ORDINANCE AMENDING CHAPTER 25 (ZONING CODE) OF THE HAW AI'I COUNTY CODE, RELATED TO AGRICULTURAL TOURISM. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAW AI'I: SECTION l. Purpose and Findings. The Council finds that the zoning code does not specifically address the permissibility of agricultural tourism or its impacts in the various zoning districts. Following the demise of the sugar plantations and mills, a more diversified agricultur~1 base, consisting of smaller agribusiness and family operated farms, ranches, and agricultural products processing facilities, is evolving in the County ofHawai'i. These operations are offering a wide variety of specialized products, produce and exotic flowers via local vending opportunities as well as through regional, national, and international wholesale distributors and ! the Internet. The visitor industry, or tourism, continues to grow as a major element in the economy of : Hawai'i County. With this growth in the visitor industry comes an increased market for tours : showcasing the liniqueness of fanning, ranching and agricultural products processing in Hawai'J. A viable inventory of agricultural tourism operations in the County of Hawai'i broadens ~he range of interests within the County attracting additional and returning visitors. A wide scale of agricultural tourism activities already exists on the island of Hawai'i, sometimes resulting in an adverse impact on surrounding properties and resources. The failure r to define and regulate agricultural tourism in l-Iawai'i County has already resulted in complaint~ I Plann;ngDept. Exhibit I ') -") " from surrounding property owners and residents due to excessive noise and unsafe traffic conditions. The Council, in recognition of agricultural tourism as a viable element of the visitor industry and as an expanding alternate income resource for local farmers and ranchers, finds it necessary and appropriate to define agricultural tourism and to establish guidelines to manage its ; impacts in a manner consistent with the social, environmental, physical, and economic goals and policies of the General Plan for the County ofHawai'i. SECTION 2. Chapter 25, article 1, subsection 25-1-5(b), Hawai'i County Code 1983 (2005 Edition, as amended), relating to definitions, is amended by adding the following new definitions to be appropriately inserted and to read as follows: ""Agricultural activities" means income producing activities or uses as characterized by the cultivation of crops. including but not limited to flowers. vegetables, foliage, fruits. forage. " and timber; and farming or ranching activities or uses related to animal husbandry. aquaculture, or game and fish propagation." ""Agricultural tourism" means visitor-related commercial activities or periodic special events designed to promote agricultural activities conducted on a working farm. ranch. or agricultural products processing facility." SECTION 3. Chapter 25, article 2, division 7, section 25-2-71, Hawai'i County Code 1983 (2005 Edition, as amended), is amended to read as follows: "Section 25-2-71. Applicability; plan approval required. (a) Plan approval shall be required prior to the construction or installation of any new structure or development or any addition to an existing structure or development in all 2 '-'" ') / districts except in the RS, RA, FA, A and IA districts, and except for the construction of one single-family dwelling and accessory dwelling per lot. (b) Plan approval shall be required in all districts prior to the change of the following uses in existing buildings: (1) Residential to commercial use; (2) Warehouse and manufacturing to retail use. (c) Plan approval shall be required in all applicable districts prior to the construction or : establishment of the following improvements and uses: (1) Bed and breakfast establishments as permitted under section 25-4-7. (2) Public uses, structures and buildings and community buildings, as permitted under section 25-4-11. (3) Telecommunication antennas and towers, as permitted under section 25-4-12. (4) Temporary real estate offices and model hornes, as permitted under section 25~4-8. (5) Utility substations, as authorized under section 25-4-11. (d) Plan approval shall be required in the RA and FA district prior to the construction or installation of any new structure or development, or of any addition to an existing structure or development which is to be used for minor agricultural products processmg. (e) Plan approval shall be required in the A district prior to the development of any trail~r park or major agricultural products processing facility. The director shall determine, whether an agricultural products processing facility shall be considered major or minor at the time of building permit review, or earlier at the applicant's request. 3 -, <l i . (f) Plan approval may be required as a condition of approval of any use permit, varianc~, or other action relating to a specific use, In whIch case the use or development so conditioned may not be established until plan approval has been secured. Plan a roval shall be re uired for the establishment of an a ricultural tourism activity, as permitted under section 25-4-15(b)." SECTION 4. Chapter 25, article 2, division 7, Hawai'i County Code 1983 (2005 Edition, as amended), is amended by adding a new section to be designated section 25-2-75 and to read ~s follows: "Section 25-2-75. Plan approval application requirements for ae:ricuItural tourism. In addition to the application requirements for plan approval contained in section 25-2-72; an application for plan approval for agricultural tourism operations shall include sufficient information to ensure the following provisions are met: (l) A statement whether the operation will allow visits by buses; .(2) Adequate off street parking, loading/unloading. and turn-around space to accommodate all specified tour transportation modes. including buses, if they are allowed. shall be provided and shown on the site plan: which may be via a private road or easement and new driveways shall meet aoplicable county or state standards: 4 New and existin facilities to be utilized activity shall be clearly indicated on the plot plan and shall not exceed one thousand' square feet in total area. not including parking and vehicular accesses; and 5 Proof acce table to the director of income from a ricultural activities and/or 4 /) 'l " agricultural products processing, or investment. as required under section 25-4- 15( d)( 1)." SECTION 5. Chapter 25, article 2, division 7, section 25-2-75, Hawai'i County Code 1983 (2005 Edition, as amended), is renumbered and amended to read as follows: "Section 25-2-[+S) 76. Action on plan approval application. (a) The director may issue plan approval subject to conditions or changes in the proposal which, in the director's opinion, are necessary to carry out and further the purposes of this chapter and the considerations contained in section 25-2-[+6] 77. (b) The director may only issue plan approval for a bed and breakfast establishment if the proposed use meets all of the conditions contained in sections 25-2-[+6J 77 and 25-4- 7.:.[, and if the operator of the bed and breakfast establishment provides all verification required under section 25 2 73.] (c) The director may only issue plan approval for a telecommunication antenna or tower ifthe proposed use meets all of the conditions contained in sections 25-2-[+6] 77 and 25-4-12, and if the applicant provides all verification required under section 25-2-7 4~ (d) The director may only issue plan approval for a temporary model home or real estate office if the proposed use meets all ofthe conditions in section 25-2-[16] 77 and 25- 4-8. (e) The director shall render a decision to either approve or deny a plan approval application, other than for an agricultural tourism facility, within thirty days after acceptance of the application. If the director fails to render a decision within the thirty-day period, the application shall be considered approved without further certification by the director. For an agricultural tourism facility, the department shall 5 ") ( /"'1 '\ SECTION 6. Chapter 25, article 2, division 7, section 25-2-76, Hawai'i County Code 1983 (2005 Edition, as amended), is amended by renumbering its title to read as follows: "Section 25-2-[+6] 77. Review criteria an~ conditions of approval." SECTION 7. Chapter 25, article 2, division 7, section 25-2-77, Hawai'i County Code 1983 (2005 Edition, as amended), is amended by renumbering its title to read as follows: "Section 25-2-[1+] 78. Construction in conformity with plan approval." SECTION 8. Chapter 25, miic1e 2, division 7, section 25-2-78, Hawai'i County Code 1983 (2005 Edition, as amended), is amended by renumbering its title to read as follows: "Section 25-2-[-18] 79. Appeal of a plan approval decision." SECTION 9. Chapter 25, article 4, division 1, Hawai'i County Code 1983 (2005 Edition, as amended), is amended by adding a new section to b~ designated section 25-4-15 and to read as follows; "Section 25-4-15. Ae:ricultural tourism. "(a) Agricultural tourism is permitted as an accessory use to agricultural processing facilities in the CG. CDH. CY. CN. ML, MG, and MCX districts. 6 ,") ,,) I (b) Agricultural tourism is permitted as an accessory use to agricultural activities and agricultural processing facilities in the A, FA, LA, RA, and APD districts, subiect to plan approval and in conformance with section25-4-15(d). (c) Agricultural tourism activities in A, FA, lA, RA, and APD districts that do not conform to section 25-4-15( d) shall obtain a special permit in the state land use agricultural or rural districts, or a use permit in the state land use urban district. (1 ) The agricultural activity or agricultural products processing facility must have a minimum of $10,000 in verifiable gross sales, exclusive of any income from agricultural tourism activities or any other non-agricultural activities, for the year preceding the commencement of the agricultural tourism activity or, in the case of a new agricultural activity or agricultural products processing facility, provide evidence to the director's satisfaction that sufficient investment has been made in the planting of crops, acquisition of livestock, or construction of agricultural products processing facilities, that the agricultural activity or agricultural processing facility will achieve the minimum required gross sales;' (2) Agricultural tourism activities shall not commence prior to 8:00 a.m. or continue past 6:00 p.m. daily; (3) The agricultural tourism operation shall have a maximum of thirty thousand visitors annually; (4) All visitor and employee parking, loading/unloading: and vehicular turn-around areas shall be located off-street; 7 r-'"") /) 8 ,'1 J (A) The items are specifically promotional to the site's a2:ricultural activities and/or product; and (B) The gross revenues from the sale of non-agricultural promotional items shall be included with the gross revenues from the agricultural tourism activitie~ (8) Agricultural tourism in the A. FA lA, and RA districts shall not include weddings, parties, restaurants, schools, catered events, or overnight accommodations, unless allowed by special permit or use permit; and (9) Annual events that promote an agricultural industry or agricultural area, and organized on a not-for-profit basis, are permitted in the A, FA, lA, RA, and APD districts without plan approval. (e) Any agricultural tourism activity that is not in compliance with the regulations under section 25w4-15( d) or appropriately permitted as provided by section 25-4-15( c) shall be considered illegal under this chapter, unless otherwise noted herein. (f) Any agricultural tourism activity in the A, lA, FA, RA, or APD districts, existing prior to the effective date of this section and conforming to the standards contained in section 25-4-15( d) and that has not received plan approval. may continue such use for twelve months following the effective date 'of this ordinance. After this date, continued use without having received plan a{Jproval shall be considered illegal under this chapter. (g) Any agricultural tourism activity in the A, lA, FA. RA, or APD districts, that does not conform to the standards in section 25-4-15(d), and which has not previously received a special permit or use permit for such activity, may continue such use for twelve 9 ~-"') :~ 10 i~J )W .~ - y SECTION 10. Chapter 25, article 4, division 5, subsection 25-4-51(a), Hawai'i County Code 1983 (2005 Edition, as amended), relating to required number of parking spaces, is amended to read as foHows: "(a) The number of parking spaces for each use shall be as follows: [81] ill [~] ill [~] @) [ (4j] !1) [~] (2) [~] CZ) [ t7j] .ili) (1) Agricultural tourism: one for each three hundred square feet of gross floor area used principally for the agricultural tourism activitv, but not fewer than three spaces, plus bus parking if buses are allowed. Bed and Breakfast establishments: one for each guest bedroom, in addition to one for the dwelling unit. Bowling alleys: four for each alley. Commercial uses, including retail and office uses in ReX, CN, CG, CV, MCX, V, RA, FA, A and IA districts: one for each three hundred square feet of gross floor area. Day care centers: one tot each ten care reclpients of design capacity or one for every two hWldred square feet of gross floor area, whichever is greater. Dwellings, multiple-family: one and one quarter for each Wlit. Dwellings, single-family and double-family or duplex: two for each dwelling unit. Funeral homes and mortuaries: one for each seventy-five square feet of gross floor area. [E&j] {2) Golf courses: four for every hole. [(91] am Hospitals: one for each bed. [tuB] ill) Hotels and lodges: 11 ~l"" ."\ 'i /1 (A) For hotel guest units without a kitchen, one for every three units; (B) For hotel guest units with a kitchen, one and one quarter for each unit. [fl-B] (12) Industrial uses in ML, MG, MCX, RA, FA, A and IA districts: one for each four hundred square feet of gross floor area. [~] ill) Laundromats, cleaners (coin operated): one for every four machines. [E-l-:'B] (14) Major outdoor amusement and recreation facilities: one for each two hundred square feet of gross floor area within enclosed buildings, plus one for every three persons that the outdoor facilities are designed to accommodate when used to the maximum capacity. [EJ-4j] ill) Meeting facilities, including churches: one for each seventy-five square feet of gross floor area. [~] Q&} Nursing homes, convalescent homes, rest homes and homes for the elderly: one for every two beds. -[fl-6] Q1l. Parks: as determined by the director. [f-l-1j] ill) Recreation facilities, outdoor or indoor, other than herein specified: one for each two hundred square feet of gross floor area, plus three per court (racquetball, tennis or similar activities). [E-l-8:)] 0..2) Rooming and lodging houses, religious, fraternal or social orders having sleeping accommodations: one for each two beds. [(+9] (20) Schools (elementary and intermediate): oneJor each twenty studen~s of design capacity, plus one for each four hundred square feet of office floor space. [R+>>J (21) Schools (high, language, vocational, business, technical and trade, college): one for each ten students of design capacity, plus one for each four hundred 12 .~ /"} square feet of office floor space. [~] (22) Sports arenas, auditoriums, theaters, assembly halls: one for every four seats. [~] (23) Swimming pools (community): one for each forty square feet of pool area. [~] (24) Warehouse and bulk storage establishments where there is no trade or retail traffic: one for each one thousand square feet of gross floor area." SECTION 11. Chapter 25, article 5, division 5, subsection 25-5-52(a), Hawai'i County Code 1983 (2005 Edition, as amended), relating to permitted uses in residential and agricultural districts (RA districts), is amended to read as follows: "(a) The following uses shall be permitted in the RA district: (1) Adult day care homes. (2) Agricultural products processing, minor, provided that the site or buildings used for such processing, shall be located at least seventy-five feet from any street bounding the building site. Agricultural tourism as permitted under section 25-4-15. @ Animal hospitals. ill ,Aquaculture. @ Botanical gardens, nurseries and greenhouses, seed farms, plant experimental stations, 8rboretums, floriculture, and similar uses dealing with the growing of plants. [ttBl ill Cemeteries and mausoleums, as permitted under chapter 6, article 1 of. this Code. [fA] ill Crop production. ill (fJ1] [f4j] [~ 13 .~ ~J [f81t f2l Dwelling, single-family, one per building site. [f9B UQl Family child care homes. [fWtJ ill} Group living facilities. [fl--B} !.ill Kennels, provided that the building site is a minimum of five acres in area and the structures are located at least one hundred feet away from any lot line. [~ ill1 Livestock production (excluding pigs), provided that: (A) The requirements of the department of health are met; (B) Approval of the director is obtained; and (C) Any feed or water area, salt lick, corral, run, barn, shed, stable, house, hutch, or other enclosure for the keeping of any permitted animal shall be located at least seventy,..five feet from any lot line. [~ a:u Parks, playgrounds, tennis courts, swimming pools, and other similar open area recreational facilities. [~ @ Public uses and structures, as permitted under section 25-4-11. [~ Q.0 Roadside stands for the sale of agricultural products grown on the premIses. [fMft Q1} Stables, commercial or boarding, provided that the building site is a minimum of five acres in area and the structures are located at least one hundred feet away from any lot line. [tl-7H Q.ID Telecommunications antennas, as permitted under section 25-4-12. [fl-8jj Q.2l Utility substations, as permitted under section 25-4-11. [fl--9jf (20) Veterinary establishments," 14 r>> } SECTION 12. Chapter 25, article 5, division 6, subsection 25-5-62(a), Hawai'i County Code 1983 (2005 Edition, as amended), relating to permitted uses in family agricultural districts (FA districts), is amended to read as follows: "(a) The following uses shall be permitted in FA districts: (1) Agricultural products processing, minor, provided that the area or buildings used for such processing, shall be located at least seventy-five feet from any. street. ill Agricultural tourism as permitted under section 25-4-15. [~] ill Animal hospitals. [tJj] ill Aquaculture. [€4j] ill Botanical gardens, nurseries and greenhouses, seed farms, plant experimental stations, arboretums, floriculture, and similar uses dealing with the growing of plants. [~] @ Campgrounds, parks, playgrounds, tennis courts, swimming pools, and other similar open area recreational facilities, where none of the recreational features are entirely enclosed in a building. [(6) Crop production.] (7) Cemeteries and mausoleums, as permitted under Chapter 6, article 1 of this Code. [(7) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this Code.] (8) Crop production.. [E&j] CD Dwelling, single-family, as permitted under chapter 205, Hawai'i Revised Statutes and as permitted under section 25-5-67(b). [t91J .QQ) Farm dwellings, as permitted under section 25-5-67(b) and (c). 15 ') ) prenuses. [fl-&f] il2.l Telecommunications antennas, as permitted under section 25-4-12. [8-91] (20) Utility substations, as permitted under section 25-4-11. [(Wj] aJl Vehicle and equipment storage areas that are directly accessory to aquaculture, crop production, game and fish propagation, and livestock grazmg. [RB] (22) Veterinary establishments." SECTION 13. Chapter 25, article 5, division 7, subsection 25-5-72(a), Hawai'i County Code 1983 (2005 Edition, as amended), relating to permitted uses in agricultural districts (A districts), is amended to read as follows: "(a) The following uses shall be permitted in the A district: (1) Agricultural parks. 16 ,,-") ,-") (2) ill [~] [t4j] [tB] [~] [f9j] 17 /"') "~J 18 ~y f) f.t41] ill Cemeteries, as permitted under chapter 6, article 1 of this Code. [~) @ Crop production. [~) ill Farm dwellings, as pemlitted under sections 25-5-87(b) and (c). [f7)] 00 Forestry. fOO] (2} Livestock production, provided that piggeries, apiaries and pen feeding. of livestock shall not be closer than one thousand feet to any major road or to any district other than the A district. on building sites approved by the State department of health and the director. [f9j] (lQ} Public uses and structures which are necessary for agricultural practices. [(-l-{)j] .a..u Telecommunication antennas, as permitted under section 25-4-12. [f-Rj] f111 Utility substations, as permitted under section 25-4~ 11." SECTION 15. Material to be repealed is bracketed and stricken. New material is underscored. In printing this ordinance, the brackets, bracketed material, and underscoring need not be included. SECTION 16. In the event that any portion of the ordinance is declared invalid, such invalidity shall not affect other parts of this ordinance. SECTION 17. This ordinance shall take effectupon its approval. Introduced by: U50na!Hawai'i Dateof Introduction: Date oflst Reading: Date of 2nd Reading: Effective Date: REfERENCEl Comm. October 22, 2008 October 22, 2008 l\bvember 7, 2008 NOvember 20, 2008 863,,5 19 ~ JFFICE OF THE COUNTY CLERK' County ofHawai'j Kana, Hawai'i lntrodu~ed By: Date Introduced: First Reading: Published: REAiARKS: Bob Jacobson October 22, 2008 October 22, 2008 November I, 2008 Second Reading: November 7, 2008 To Mayor: November 18, 2008 Rerurned: November 20. 2008 Errcctjv\:: November 20, 2008 Published: December 1, 2008 REMAI?K.)' '~ (D [t '"') F/r."l'~ '~. /:.' ~::~ C\ tOM fJr1'f fa -' ~IJ Vi f. '):"; ROLL CA-LL V:olrgn 7f" ~ A/f,'SiL " NO~~ . ~J ASS EX .." .J, ; '.. ," .- - " . I Ford -....:, I X I '. .:1- U " ',' . II Higa X ." Hoffmann X Ikeda X Jacobson X Naeole X !"".- ! t Pilago ----j X i Yagong X I I Yoshimoto X i I 9 0 0 0 1 L ROLL CALL VOTE " AYES NOES ABS I EX I ----- Ford X Higa X f Hoffinann X ~-- Ikeda X Jacobson X 1--- ,~~- Naeole X I '1---.-, Pilago X -L- Yagong X ! , Yoshimoto X -~--'r--'--- -. -- ~-'-r.-' ,----_ 8 0 _L~_.__.L ..._~_. ., I --1 I ---I -__1 .J i ---I _-------l I I ---1 -----j I -.-.., ; i .---..-! ---..-j ! DC HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as !/ldicaied above, APPROVED AS TO FORM AN LEGALITY: DEPUTY COi',PDRA T1~ COUNTY Of HAWAI'I NOV 1 9 2008 Date ~1-t- day ,2o..QL_ ~ ~CL~ Bill No.: 148 (Draft 3) (2004 - 2006) C-863. 5/PC-9~'j------ Reference: Ord No.: 98.1.SS ') ,P~ Ordinances Numoered 08-]55,08-156,08-]57,08-158,08-159,08_160,08_161, & 08-162 I hereby certity that the following Ordinances passed second and fmal reading at the meeting of the Coonty Council on November 7, 2008, by vote, as listed below: Ordinance 08-]55 (BiIlI48, Draft 3) (2004-2006): An Ordinance Amending Chapter 25 (Zoning Code) of the Hawaj'i County Code, Related to Agricultural Tourism. A YES: Council Members Ford, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffinann - 8; NOES: None; ABSENT: Council Member Higa - I; EXCUSED: None. Ordinance 08-]56 (Bill 323, Draft 3): An Ordinance Amending Chapter'19, Article 7, Sections 19-53, 19- 58.1 and 19-58.2, Hawai'i County Code 1983 (2005 Edition, as Amended), Relating to Real Property Taxes- Nonspeculative Residential Use. A YES: Council Members Ford, Ikeda, Jacobson, Naeole, Pi/ago, Yoshimoto, and Chair Hoffmann -7; NOES: Council Member Yagong -I; ABSENT: Council Member Higa- I; EXCUSED: None. Ordinance 08-]57 (Bill 366, Draft 2): An Ordinance Amending Chapter 2 of the Hawai'i County Code 1983 (2005 Edition, as Amended), Relating to Parity Liens. A YES: Council Members Ford, Ikeda, Jacobson, Naeole, Pi/ago, Yagong, Yoshimoto, and Chair Hoffmann - 8; NOES: None; ABSENT: Council Member Higa- J; EXCUSED: None. Ordinance 08-]58 (BiiI367): An Ordinance Amending Ordinance No. 08-79, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1,2008 to June 30, 2009. A YES: Council Members Ford, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoftmann _ 8; NOES: None; ABSENT: Council Member Higa - J; EXCUSED: None. Ordinance 08-159 (Bil/369): An Ordinance Adopting the County ofHawaili South Kohala Community Development Plan. A YES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann - 9; NOES: None; ABSENT: None; EXCUSED: None. Ordinance 08-]60 (Bill 370): An Ordinance Amending Section 25-8-21 (Laupahoehoe-Ninole Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawai'i County Code 1983 (2005 Edition), by Changing the District Classification from Single Family Residential- 15,000 Square Feet (RS-15) to Single Family Residential- 10,000 Sql!are Feet (RS- J 0) at Manowaiopae, North Hila, Hawaili Covered by Tax Map Key 3-6-008:Q02. A YES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann - 9; NOES: None; ABSENT: None; EXCUSED: None. Ordinance 08-161 (Bill 37]): An Ordinance to Amend Ordinance No. 08-78, as Amended, the Operating Budget for the County of HawaiI i for the Fiscal Year Ending June 30, 2009. A YES: Council Members Ford, Higa, Ikeda, JaCO,bson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann _ 9; NOES: None; ABSENT: None; EXCUSED: None. Ordinance 08-]62 (Bill 372, Draft 2): To Amend Ordinance No. 01-1]8 of the County ofHawai'j, Relating to Certain Matters Concerning the County's Outstanding Improvement District No. 17, Ka/oko Subdivision, 2001 Special Assessment Refunding Bonds. A YES: Council Members Ford, Higa, Ikeda, Jacobson, NaeoJe, PiJago, Yagong, Yoshimoto, and Chair Hoffmann ~ 9; NOES: None; ABSENT: None; EXCUSED: None. ~. ~ · J..~ - " asey Jarman' County Clerk (Hawai'i Tribune-Herald - December I, 2008) (West Hawai'i Today - December 1,2008) Note: The original Digest! Affidavit is attached to Ordinance 08-155. ..~ COUNTY OF HAWAI'I ", STATE OF HAWAI'I BILL NO. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 25 (ZONING CODE) OF THE HAW AI'I COUNTY CODE 1983 (2005 EDmON, AS AMENDED), RELATING TO AGRICULTURAL TOURISM. BE IT ORDAINED BY THE CQUNCIL OF THE COUNTY OF HAW AI'I: SECTION I. Purpose. Ordinance No. 08-155 amended chapter 25 of the Hawai'i County Code to include provisions for agricultural tourism. The purpose of this ordinance is to extend the amnesty period for unpermitted agricultural tourism operations, as included in Ordinance No. 08-155. This ordinance extends the twelve-month amnesty period to eighteen months after the effective date of Ordinance No. 08-155, which would be May 20,2010. SECTION 2. Chapter 25, article 4, division 1, section 25-4-15 of the Hawai'i County Code 1983 (2005 Edition, as amended), is amended by amending subsections (t) and (g) to read as follows: "(t) Any agricultural tourism activity in the A, IA, FA, RA, or APD districts, existing prior to the effective date of this section and conforming to the standards contained in section 25-4-15( d) and that has not received plan approval, may continue such use for [twebe] eighteen months following the effective date of this ordinance. After this date, continued use without having received plan approval shall be considered illegal under this chapter. (g) Any agricultural tourism activity in the A, IA, FA, RA, or APD districts, that does not conform to the standards in section 25-4-15( d), and which has not previously received a special permit or use permit for such activity, may continue such use for [t\velve] eighteen months following the effe~tive date of this ordinance, and, if an application for a special permit or a use permit has been received and accepted within the [t'vvclvc] eighteen-month period, may continue such use until final action has been taken on the application. After [twelve] eighteen months from approval of this ordinance, or denial of the application, whichever occurs later, continued use shall be considered illegal under this chapter." Planning Oepte I:"'h. b. '? IDA I It 6~", i~ r~ SECTION 3. Material to be repealed is bracketed and stricken. New material is underscored. In printing this ordinance, the brackets, bracketed material, and underscoring need not be included. SECTION 4. If any provision of this ordinance, or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this ordinance are declared to be severable. SECTION 5. This ordinance shall take effect upon its approval. Introduced by: COUNCIL MEMBER, COUNTY OF RAW AI'I Rilo, Rawai'i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: 2 ~, ') COUNTY OF HAWAI'I STATE OF HAWAI'I BILL NO. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 25 (ZONING CODE) OF THE HAW AI'I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO AGRICULTURAL TOURISM. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAW AI'I: SECTION I. Purpose. Ordinance No. 08-155 amended chapter 25 of the Hawai'i County Code to include provisions for agricultural tourism. The purpose of this ordinance is to extend the amnesty period for unpermitted agricultural tourism operations, as included in Ordinance No. 08-155. This ordinance extends the twelve-month amnesty period to eighteen months after the effective date of Ordinance No. 08-155, which would be May 20,2010. SECTION 2. Chapter 25, article 4, division 1, section 25-4-15 of the Hawai'i County Code 1983 (2005 Edition, as amended), is amended by amending subsections (f) and (g) to read as follows: "(f) Any agricultural tourism activity in the A, IA, FA, RA, or APD districts, existing prior to the effective date of this section and conforming to the standards contained in section 25-4-15( d) and that has not received plan approval, may continue such use [for twch'C months follmy...ing the effcctiyc date of this ordinance] until May 20.2010. After this date, continued use without having received plan approval shall be considered illegal under this chapter. (g) Any agricultural tourism activity in the A, IA, FA, RA, or APD districts, that does not conform to the standards in section 25-4-15(d), and which has not previously received a special permit or use permit for such activity, may continue such use [for tv...elvc months fo'llowing the effecti....c date ohms ordinance] until May 20.2010, and, if an application for a special permit or a use permit has been received and accepted [v...ithin the twelvemonth period] by May 20.2010, may continue such use until final action has been taken on the application. After [tv.'che months from approval of this ordinance] May 20.2010, or denial of the application, whichever occurs later, continued use shall be considered illegal under this chapter." Planning Dept. Exhibit .3 " .~ SECTION 3. Material to be repealed is bracketed and stricken. New material is underscored. 'In printing this ordinance, the brackets, bracketed material, and underscoring need not be included. SECTION 4. If any provision of this ordinance, or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this ordinance are declared to be severable. SECTION 5. This ordinance shall take effect upon its approval. Introduced by: COUNCIL MEMBER, COUNTY OF HAW AI'I Hilo, Hawai'i Date ofIntroduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: 2 WINDWARD PLANNING COMMISSION COUNTY OF HAW AI'I HEARING TRANSCRIPT AUGUST 7, 2009 A regularly advertised hearing on the PLANNING DIRECTOR'S INITIATED AMENDMENT TO CHAPTER 25 (ZONING CODE), ARTICLE 4, DIVISION I, SECTION 25-4-15(f) and (g) was called to order at 12:00 noon in the Aupuni Center Conference Room, 101 Pauahi Street, Hilo, Hawai'i with Chairman Rell Woodward presiding. PRESENT: Rell Woodward Takashi Domingo_ Wallace Ishibashi Andrew Iwashita Zendo Kern Shelly Ogata Brandon Gonzalez, Deputy Corporation Counsel B J. Leithead Todd, Planning Director Norman Hayashi, Planning Program Manager Phyllis Fujimoto, Staff Planner Jeff Darrow, Staff Planner Maija Cottle, Staff Planner And no one from the public in attendance INITIATOR: PLANNING DIRECTOR Amendment to Chapter 25 (Zoning Code), Article 4, Division 1, Section 25-4-15 (f) and (g) by extending the amnesty period for unpermitted agricultural tourism operations from twelve months (November 20,2009) to eighteen months (May 20,2010). WATANABE: Now we have Agenda Item No.5, which is more or less a very similar sort of an issue. Maija. COTTLE: Thank you. This is an amendment to the Zoning Code and the purpose is to extend the amnesty period for unpermitted agricultural tourism operations. And just to kind of give you a little bit background, that agricultural tourism ordinance was adopted back in November of2008. It required any agricultural tourism operations that were not permitted to come in within I believe it was one year. WATANBE: That's right. 1 COTTLE: One year. And either seek plan approval or special use permit from the Department. So this amendment is just adding additional time for those operations to come in and do that until March, sorry about that, May 20,2010. Are there any questions? WOODWARD: Any discussion? Commissioner Ogata. OGATA: I move that we send a favorable recommendation to the Hawai'i County Council for the amendment to Chapter 25, Article 4, Division 1, Section 25-4-15, Hawai'i County Code 1983,2005 edition, as amended, relating to agricultural tourism. DOMINGO: Second. WATANABE: Are we going to attach the same proviso, no? IWASHITA: No, no, this doesn't -. WATANABE: Okay. Okay, and for the record, in hadn't said this already, there's nobody signed up from the public to testify. So Maija if you'll take the vote. COTTLE: Thank you, Mr. Chairman Commissioner Ogata? OGATA: Aye. COTTLE: Commissioner Domingo? DOMINGO: Aye. COTTLE: Commissioner Ishibashi? ISHIBASHI: Aye. COTTLE: Commissioner Iwashita? IW ASHITA: Yes. COTTLE: Commissioner Kern? KERN: Aye. COTTLE: And Mr. Chairman? WATANABE: Aye. COTTLE: Okay, the motion passes six to zero. 2 j . , HAY ASH!: Just for your information, this matter will also be discussed by the Leeward Planning Commission. The discussion ended at 12:03 a.m. Respectfully submitted, Sharon M. Nomura, Secretary Windward Planning Commission 3 WINDWARD PLANNING COMMISSION COUNTY OF HAW AI'I HEARING TRANSCRIPT AUGUST 7, 2009 A regularly advertised hearing on the PLANNING DIRECTOR'S INITIATED AMENDMENT TO CHAPTER 25 (ZONING CODE), ARTICLE 4, DIVISION I, SECTION 25-4-15(f) and (g) was called to order at 12:00 noon in the Aupuni Center Conference Room, 101 Pauahi Street, Hilo, Hawai'i with Chairman Rell Woodward presiding. PRESENT: Rell Woodward Takashi Domingo Wallace Ishibashi Andrew Iwashita Zendo Kern Shelly Ogata Brandon Gonzalez, Deputy Corporation Counsel B J. Leithead Todd, Planning Director Nonnan Hayashi, Planning Program Manager Phyllis Fujimoto, Staff Planner Jeff Darrow, Staff Planner Maija Cottle, Staff Planner And no one from the public in attendance INITIATOR: PLANNING DIRECTOR Amendment to Chapter 25 (Zoning Code), Article 4, Division 1, Section 25-4-15 (f) and (g) by extending the amnesty period for unpermitted agricultural tourism operations from twelve months (November 20,2009) to eighteen months (May 20,2010). WOODWARD: Now we have Ag~nda Item No.5, which is more or less a very similar sort of an issue. Maija. COTTLE: Thank you. This is an amendment to the Zoning Code and the purpose is to extend the amnesty period for unpermitted agricultural tourism operations. And just to kind of give you a little bit background, that agricultural tourism ordinance was adopted back in November of2008. It required any agricultural tourism operations that were not permitted to come in within I believe it was one year. WATANBE: That's right. 1 COTTLE: One year. And either seek plan approval or special use permit from th~ Department. So this amendment is just adding additional time for those operations to come in and do that until March, sorry about that, May 20,2010. Are there any questions? WOODWARD: Any discussion? Commissioner Ogata. OGATA: I move that we send a favorable recommendation to the Hawai'i County Council for the amendment to Chapter 25, Article 4, Division 1, Section 25-4-15, Hawai'i County Code 1983,2005 edition, as amended, relating to agricultural tourism. DOMINGO: Second. WOODWARD: Are we going to attach the same proviso, no? IWASHITA: No, no, this doesn't -. WOODWARD: Okay. Okay, and for the record, in hadn't said this already, there's nobody signed up from the public to testify. So Maija if you'll take the vote. COTTLE: Thank you, Mr. Chairman Commissioner Ogata? OGATA: Aye. COTTLE: Commissioner Domingo? DOMINGO: Aye. COTTLE: Commissioner Ishibashi? ISHIBASHI: Aye. COTTLE: Commissioner Iwashita? IW ASHITA: Yes. COTTLE: Commissioner Kern? KERN: Aye. COTTLE: And Mr. Chairman? WOODWARD: Aye. 2 COTTLE: Okay, the motion passes six to zero. HAYASHI: Just for your information, this matter will also be discussed by the Leeward Planning Commission. The discussion ended at 12:03 a.m. Respectfully submitted, ~~ Y\t\ . ~\A....<- '"----- Sharon M. Nomura, Secretary Windward Planning Commission 3 -, ~ LEEWARD PLANNING COMMISSION COUNTY OF HAW AI'I HEARING TRANSCRIPT AUGUST 28, 2009 A regularly advertised hearing on the PLANNING DIRECTOR'S INITIATED AMENDMENT TO CHAPTER 25 (ZONING CODE), ARTICLE 4, DIVISION I, SECTION 25-4-15(f) and (g) was called to order at 11 :28 a.m. in the King Kamehameha's Kona Beach Hotel, Ballroom I, 75-5660 Palani Road, Kailua-Kona, Hawai'i with Chairman Rodney Watanabe presiding. PRESENT: Rodney Watanabe Brandi Beaudet Lani Bowman Frederic Housel Wayne Iokepa ABSENT & EXCUSED: Geraldine Giffin Brandon Gonzalez, Deputy Corporation Counsel BJ Leithead Todd, Planning Director Norman Hayashi, Planning Program Manager Phyllis Fujimoto, Staff Planner Jeff Darrow, Staff Planner Maija Cottle, Staff Planner And approximately 13 people from the public in attendance INITIATOR: PLANNING DIRECTOR Amendment to Chapter 25 (Zoning Code), Article 4, Division 1, Section 25-4-l5(f) and (g), Hawai'i County Code 1983 (2005 Edition, as amended) relating to agricultural tourism. The purpose ofthe amendment is to extend the l2-month amnesty period (November 20, 2009) for non-permitted agricultural tourism operations to 18 months (May 20, 2010). WATANABE: We are on Agenda Item No.4. This is, the initiator is the Planning Director. It's an amendment to Chapter 25. And I believe Mr. Beaudet is going to recuse himself from this, as he has a conflict of interest. Yeah? I see him nodding there. So he will be allowed to sit in, but he won't be allowed to participate. With that, let me turn this over to Maija so she can brief us on the ameridment. COTTLE: Thank you. This is a Planning Director initiated amendment to the Zoning Code, and it's related to ag tourism. It allows an additional six months for ag tourism operations to come in and either get a Special Permit, Use Permit or Plan Approval to make their agricultural use conforming. And it would extend the amnesty period to May 20, 20 I O. WATANABE: And the total amnesty will be one year, right? r COTTLE: The total would be 18 months. WATANABE:. Oh, excuse me. Yeah. Do we have any questions for staff? Mr. Housel. HOUSEL: I'm not sure to direct these to you, Maija, or to the Planning Director, but I had a few questions on this. Once the, if this is extended, once that expires, then the requirements go into effect and any activities that have not received Plan Approval would then be illegal, or is that correct? COTTLE: That's correct. HOUSEL: Okay. I'm, one of my concerns is, you know, the small farms in the area and the cost to them to get Plan Approval. Is there cost for that? LEITHEAD TODD: Yes, there is: And there are some issues, too, on compliance. I'm taking a look at as such that there is a twofold purpose in extending the amnesty period: One is to give us time to take a look at the ordinance and see whether we should propose amendments to it, and also to take a look at the issue of grandfathering existing uses that were previously permitted, . because to me it's kind of unusual that ifthere was a legal use prior to enactment of an ordinance that you somehow use the ordinance to make it illegal, cause that's contrary to my understanding of grandfathering existing uses; and then the other is taking a whole look at the whole procedure in what's required, because we've had concerns that the cost of compliance for some of the farmers is going to make it difficult for them to get any tourism going. HOUSEL: Right, thank you. WATANABE: make a motion? Any further questions of staff? Then, Mr. Housel, you are prepared to HOUSEL: One other question. I had a question on the, for again the small farmer, how are they notified if, when this does go into effect that they need to submit for Plan Approval? LEITHEAD TODD: Just the same way everybody else is. We put notice in the newspaper of this. We put it on our website. And typically when guys are coming in and you are trying to establish some issue, if you are smart, you come in and ask us what kinds of approvals you need, otherwise we end up with our inspectors going out and issuing notices of violations for a whole series of activities going on on Ag land, which are not currenHy permitted. HOUSEL: Just a suggestion, you know, when this does require Plan Approval, you know, once everything is settled, maybe contacting some of the farmers' organizations to let them know. LEITHEAD TODD: We are in contact with the farmer organizations -. HOUSEL: Oh, okay. 2 ~ LEITHEAD TODD: And they're in constant email contact. And one of the reasons we are requesting this extension of time is at the request of some of the people representing various farmers. HOUSEL: Okay, great. Thank you. WATANABE: Okay, we are done with the questions on this. Does anyone care to make a motion? Mr. Housel. HOUSEL: Okay. I'd like to, let's see, this would be, okay, this is a recommendation to the Council? WATANABE: Right. HOUSEL: I'd like to make a motion to, for the Commission to make a favorable recommendation to the County Council for the amendment to Chapter 25, the Zoning Code, Article 4, Division 1, Section 25-4-15 and the rest of it there to allow an I8-month period for compliance. WATANABE: Thank you. Do we have a second? JOKEP A: Second. WATANABE: Mr. Jokepa? Thank you. Any discussion on the matter? Maija? COTTLE: Thank you. Commissioner Housel? HOUSEL: Aye. COTTLE: Commissioner Jokepa? JOKEP A: Aye. COTTLE: Commissioner Bowman? BOWMAN: Aye. COTTLE: And Mr. Chairman? WATANABE: Aye. COTTLE: Okay, the motion passes, four-zero. W AT ANABE: Thank you: And just for the record, J missed this but no one signed up to testify for this agenda item. 3 , The discussion ended at 11:35 a.m. Respectfully submitted, Noriko Sauer, Secretary Leeward Planning Commission 4