HomeMy WebLinkAboutCOM 0745.000 2010-2012 �;N-.►fOi M 7,
.n piirt ,
William T.Takaba
William P.Kenoi I*:'d,":A-:4• Managing Director
Mayor •
Wally Lau
•,'i •o Ni;._ Deputy Managing Director
County of Hawai`i
25 Aupuni Street • Hilo,Hawai`i 96720 • (808)961-8211 • Fax(808)961-6553
KONA: 74-5044 Ane Keohokalole Highway • Kailua-Kona,Hawaii 96740
(808)323-4444 • Fax(808)326-5663
May 25, 2012 `2 :7}- )
t,,: _
Honorable Dominic Yagong, Chairman
and Members of the County Council e9
County of Hawaii
CO
25 Aupuni Street
Hilo, HI 96720
Dear Chairman Yagong and Members:
Initiator: Planning Director
Amendment to Chapter 25 (Zoning Code) of the Hawai`i County Code 1983 (2005 Edition,
As Amended) Relating to Agricultural Tourism
As required by Chapter 7, Sec. 6-7.5 (a), Hawai`i County Charter, transmitted herewith for the
County Council's consideration and action are the Windward and Leeward Planning
Commissions' letters and enclosures regarding the above-referenced request.
Sincerel ,
William P. Kenoi
Mayor
Enclosures
cc: Planning Department
(Bill 2-66)
Comm. No. 7 L( C
Hawaii County is an Equal Opportunity Provider and Employer Ref. To PC---
Ref. Date JUN 0 6 2012
6• Lam, .:�,��li� ,•i
County of Hawaii
WINDWARD PLANNING COMMISSION
Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo,Hawai`i 96720
Phone(808)961-8288 • Fax(808)961-8742
f1AY 2 S 2011
The Honorable Dominic Yagong, Chairman
and Members of the County Council
County of Hawai`i
25 Aupuni Street
Hilo,HI 96720
Dear Chairman Yagong and Council Members:
Initiator: Planning Director
Amendment to Chapter 25 (Zoning Code)of the Hawai`i County Code 1983 (2005 Edition,
As Amended)Relating to Agricultural Tourism
The Windward Planning Commission, at its duly held public hearing on May 3,2012,considered the
Planning Director's request for an amendment to Chapter 25 (Zoning Code)of the Hawai`i County Code
1983 (2005 Edition,as amended)relating to Agricultural Tourism. The proposed amendment will
specifically amend Sections 25-1-5(b), 25-2-71,25-2-75, 25-2-76, and 25-4-15 relating to definitions,
plan approval requirements,and use regulations,respectively, as they are related to agricultural tourism.
The Commission voted to forward a favorable recommendation to the County Council on the request.
The draft bill is attached for your favorable consideration. We have also enclosed a copy of the Planning
Director's Background and Recommendation,as well as a transcript of the hearing for your information.
Sincerely,
Zendo Kern, Chairman
Windward Planning Commission
Lpdinitiated-amendchap25AgTourismWPC
Enclosures
cc: Amy Self, Esq.
Planning Department-Kona
Hawai`i County is an Equal Opportunity Provider and Employer
William P. Kenoi `1 OF h1;r BJ Leithead Todd
,It `. Director
Mayor
R E c`i v E L.,Margaret K. Masunaga
Deputy.
'44 1' n
.." 12 Fin i 25 I I I 1 east Hawaii Office
West Hawaii Office 101 Pauahi Street.Suite 3
Kaiiva4 Ana K awafi 96740 Hwy County of Hawaii it i C h( YC R Hilo,Hawaii 96720
Phone-Kona,Hawaii 96740 Phone(808 961-8288
Phone(808)323-4770 � Y `' � I Fax(808)961-8742
Fax(808)327-3563 PLANNING DEPARTMENT
May 25, 2012
MEMORANDUM
TO: The - snora. - William P. Kenoi, Mayor
FROM: 13J Le ead Todd, Planning Director
SUBJECT: Initiator: Planning Director
Amendment to Chapter 25 (Zoning Code) of the Hawai`i County Code 1983
(2005 Edition, As Amended) Relating to Agricultural Tourism
As required by Chapter 7, Sec. 6-7.5(a), Hawaii County Charter, submitted herewith for your
transmittal to the County Council for their consideration and action are the Windward and
Leeeward Planning Commissions' letters and enclosures regarding the above-captioned request.
Enclosed for your signature is the cover letter to the County Council. After your review, please
forward same to the County Council along with the Commissions' letters and enclosures.
Should you have any questions, please feel free to contact me.
Enclosures
M0419&0503syhf
www.cohplanningdept.com Hawaii County is an Equal Opportunity Provider and Employer planttincruco.hawaii.hi.us
.a1MtV os...*'
E oF•N�P_.
•
County of Hawaii
LEEWARD PLANNING COMMISSION
Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo,Hawaii 96720
Phone(808)961-8288 • Fax(808)961-8742
411A1 2 5 21811
The Honorable Dominic Yagong, Chairman
and Members of the County Council
County of Hawai`i
25 Aupuni Street
Hilo,HI 96720
Dear Chairman Yagong and Council Members:
Initiator: Planning Director
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 April 19,2012, considered the
Planning Director's request for an amendment to Chapter 25 (Zoning Code)of the Hawai`i County Code
1983 (2005 Edition, as amended)relating to Agricultural Tourism. The proposed amendment will
specifically amend Sections 25-1-5(b), 25-2-71,25-2-75, 25-2-76, and 25-4-15 relating to definitions,
plan approval requirements, and use regulations, respectively, as they are related to agricultural tourism.
The Commission voted to forward a favorable recommendation to the County Council on the request.
The draft bill is attached for your favorable consideration. We have also enclosed a copy of the Planning
Director's Background and Recommendation,as well as a transcript of the hearing for your information.
Sincerely,
•
Geraldine Giffin, Chairman
Leeward Planning Commission
Lpdinitiated-amendchap25AgTourismLPC
Enclosures
cc: Amy Self, Esq.
Planning Department-Kona
Hawai`i County is an Equal Opportunity Provider and Employer
Bill 266/Cogan. 745
BRPDInit-ZCode-AgriculturalTourism.doc-dsa-3/27/12
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND AND RECOMMENDATION
INITIATOR: PLANNING DIRECTOR
AMENDMENT TO CHAPTER 25 (ZONING CODE)
OF THE HAWAII COUNTY CODE 1983 (2005 EDITION)
RELATING TO AGRICULTURAL TOURISM
The Planning Director is initiating an amendment to Chapter 25 (Zoning Code) of the
Hawai`i County Code 1983 (2005 Edition, as amended) relating Agricultural Tourism. The
proposed amendment will specifically amend Sections 25-1-5(b), 25-2-71, 25-2-75, 25-2-76 and
25-4-15 relating to definitions,plan approval requirements, and use regulations,respectively, as
they are related to agricultural tourism.
BACKGROUND
In 2008, the Hawai`i County Council adopted Ordinance No. 08-155, a copy of which is
attached to this report as Exhibit A,to define and regulate agricultural tourism in Hawaii County.
Following the demise of the sugar plantations and mills, a more diversified agricultural base
consisting of smaller agribusiness and family operated farms,ranches, and agricultural products
processing facilities is evolving in the County of Hawaii. 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. To
supplement their agricultural activities and in response to the growing visitor industry, a market
has developed for tours and activities showcasing the uniqueness of fanning,ranching and
agricultural products processing in Hawaii. However,the growth of the agricultural tourism
market has sometimes resulted in adverse impact on surrounding properties and resources.
The Council, in adopting Ordinance No. 08-155, recognized agricultural tourism as a
viable element of the visitor industry and as an expanding alternate income resource for local
farmers and ranchers, while also finding 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 of
Hawaii. Therefore, Ordinance No. 08-155 established standards and guidelines such as:
-1-
• Parking is specified at one space per 300 square feet of gross floor area principally used
for agricultural tourism, with a minimum of three spaces;
• The applicant must state whether or not buses are allowed. If they are,the applicant must
show a bus parking and unloading area on the plans;
• The Planning Department must do a site inspection before issuing plan approval, and the
Department will have 60 days to approve or reject the plan approval application;
• Parking areas are not included in the limit of 1,000 square feet principally used for the
agricultural tourism operation.
• The sale of agricultural products grown on the island of Hawai'i, and processed
agricultural products where the main ingredient was grown on the island of Hawai'i,is
allowed;
• The Planning Director may use observation of traffic to estimate whether or not the
agricultural tourism operation is exceeding the 30,000 visitor per year limit.
• If an agricultural tourism operation receives plan approval,but then exceeds the
30,000/year limit, it must apply for a special permit,but it can operate until the final
decision on the special permit.
In the years since the adoption of Ordinance No. 08-155, the administration of these new
standards and guidelines have encountered some challenges by the agricultural community due
to the lack of clarity in some of the guidelines and standards and the constraint of these standards
to accommodate the needs of the agricultural tourism industry. Since at least 2009, the Planning
Department has been meeting with members of the Hawaii Agritourism Association(HATA)to
discuss the requirements of Ordinance No. 08-155 and its implications and impacts upon those
who have existing agricultural tourism operations and those who are contemplating such
operations. Such meetings were facilitated by the Department of Research and Development
who also provided valuable insight and recommendations on how to improve the agricultural
tourism requirements.
PROPOSED AMENDMENTS
The proposed amendments before the Planning Commissions are the result of these meetings
and represent an attempt to provide better clarity, applicability and accommodation to a segment
of the agricultural and tourism industries that continues to grow.
-2-
Attached to this letter is a proposed bill amending Ordinance No. 08-155,relating to
agricultural tourism. The major changes are:
• Improved definition of activities that can be defined as"agricultural tourism";
• Define"major"verses "minor" agricultural tourism operations;
• Definitions regarding various standards that define components of agricultural tourism,
such as a definition for"agricultural product", "related uses", "farm market", and other
uses.
• Require Plan Approval only for"major" agricultural tourism operations, rather than for
all agricultural tourism operations as currently required by the Zoning Code.
• For"major" agricultural tourism operations, eliminate 1,000 square foot limit and rely on
maximum annual visitor count of 30,000;
• Eliminate 60-day review for plan approval of"major" agricultural tourism operations so
that it follows the same 30-day processing timeframe afforded to any other use;
• Revise maximum number of visitors from a yearly maximum of 30,000 to 15,000 and to
also establish a weekly maximum of 350 visitors.
• Eliminate maximum limit of gross revenue generated by agricultural tourism operation;
• Eliminate one year"grace period" for existing agricultural tourism facilities to secure
final plan approval. Instead, agricultural tourism operations shall conform immediately
to the revised standards and guidelines, should this bill be adopted by the Council;
RECOMMENDATION
For the reasons cited above,the Planning Director recommends that the Planning
Commission send a favorable recommendation to the County Council for the amendment to
Chapter 25 (Zoning Code)of the Hawai`i County Code 1983 (2005 Edition, as amended)
relating to Agricultural Tourism. The accompanying draft bill is provided for your favorable
consideration.
-3-
•
COUNTY OF HAWAII :Ir•:+i‘: ,. %:• STATE OF HAWAII
BII.T,NO. 148
(DRAFT 3)
ORDINANCE NO. 08 155
AN ORDINANCE AMENDING CHAPTER 25 (ZONING CODE)OF THE HAWAII
COUNTY CODE,RELATED TO AGRICULTURAL TOURISM.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`I:
SECTION 1. 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 agricultural
base, consisting of smaller agribusiness and family operated farms,ranches,and agricultural
products processing facilities, is evolving in the County of Hawai`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
Hawaii County, With this growth in the visitor industry comes an increased market for tours
showcasing the uniqueness of farming,ranching and agricultural products processing in Hawai` .
A viable inventory of agricultural tourism operations in the County of Hawaii broadens the
range of interests within the County attracting additional and returning visitors.
A wide scale of agricultural tourism activities already exists on the island of Hawaii,
sometimes resulting in an adverse impact on surrounding properties and resources. The failure
to define and regulate agricultural tourism in Hawai`i County has already resulted in complaints
}
Planning Dept.
Exhibit A
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 of Hawai`i.
SECTION 2. Chapter 25,article 1, subsection 25-I-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,Hawaii 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 hordes, 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
processing.
(e) Plan approval shall be required in the A district prior to the development of any trailer
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
. - 5
(f) Plan approval may be required as a condition of approval of any use permit, variance,
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.
(g) Plan approval shall be required for the establishment of any agricultural tourism
activity,as permitted under section 25-4-15(b)."
SECTION 4. Chapter 25, article 2,division 7,Hawaii County Code 1983 (2005 Edition,
as amended),is amended by adding a new section to be designated section 25-2-75 and to read as
follows:
"Section 25-2-75. Plan approval application requirements for agricultural tourism.
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:
(1) A statement whether the operation will allow visits by buses;
(2) Adequate off street parking, loadinWunloadingand 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;
(3) The subject property must have an existing.legal access to a public highway,which
may be via a private road or easement, and new driveways shall meet applicable
county or state standards; •
(4) New and existing facilities to be utilized principally for the agricultural tourism
activit shall be clearl indicated on the 'lot elan and shall not exceed one thousand
square feet in total area not including parking and vehicular accesses;and
(5) Proof, acceptable to the director, of income from agricultural activities and/or
4
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-[7 ) 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-[6] 77 and 25-4-
7.[, •• . ' -- . .- . . . - - - - - -... - - - • - - - . - - - •
required under section 25 2 73.]
(c) The director may only issue plan approval for a telecommunication antenna or tower
if the proposed use meets all of the conditions contained in sections 25-2-[76] 77 and
25-4-12,and if the applicant provides all verification required under section 25-2-74.
(d) The director may only issue plan approval for a temporary model home or real estate
office if the proposed use meets all of the conditions in section 25-2-[76] 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
conduct a site inspection prior to issuing plan approval, and the director shall render a
decision to either approve or deny a plan approval application within sixty days after
acceptance of the application. If the director fails to render a decision within the
sixty-day period,the application shall be considered approved without further
certification by the director."
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-(6J 77.Review criteria and conditions of approval."
SECTION 7. Chapter 25,article 2, division 7, section 25-2-77,Hawaii County Code 1983
(2005 Edition, as amended), is amended by renumbering its title to read as follows:
"Section 25-2-( ] 78. Construction in conformity with plan approval."
SECTION 8. Chapter 25, article 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-[7$] 79. Appeal of a plan approval decision."
SECTION 9. Chapter 25, article 4,division 1,Hawaii County Code 1983 (2005 Edition,
as amended), is amended by adding a new section to be designated section 25-4-15 and to read as
follows:
"Section 25-4-15.Agricultural tourism.
"(a) Agricultural tourism is permitted as an accessory use to agricultural processing
facilities in the CG, CDH, CV, CN,ML, MG, and MCX districts.
•
6
(b) Agricultural tourism is permitted as an accessory use to agricultural activities and
agricultural processing facilities in the A,FA,IA, RA, and APD districts, subject to
plan approval and in conformance with section 25-4-15(d).
(e) Agricultural tourism activities in A,FA,IA,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.
(d) Agricultural tourism operations shall comply with the following regulations:
(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, acquigition of livestocklor 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
(5) The total area of spaces,including covered decks, lanais,tents or canopies,and
gazebos,whether newly constructed Or within existing structures,to be utilized
principally for the agricultural tourism activity,but not including parking and
vehicular access areas, shall not exceed one thousand square feet
(6) Gross revenues from gricultural tourism shall not exceed the gross revenues of
the associated agricultural activity and/or agricultural products Processing
facility, including revenues from adjacent parcels under the same ownership,
except where it can be demonstrated to the director's satisfaction that the gross
agricultural products/processing income is less than fifty percent of the total
income due to unforeseen environmental or economic conditions for not more
than two consecutive years,or, in the case of a new agricultural activity or
agricultural products processing facility,that sufficient investment has been
made so that it is reasonable to project that the operation's gross revenues from
agricultural tourism will not exceed 50%of gross revenues, and provided
further,that the sale of all items which include agricultural products grown or
processed by the associated agricultural activity or agricultural processing
facility shall be included in the gross revenues of the associated agricultural
activity or agricultural processing facility;
(7) Sales of agricultural products grown on the island of Hawai`i,and processed
agricultural products where the main ingredient was grown on the island of
Hawai`i shall be allowed as part of the agricultural tourism operation.
Incidental sales of non-agricultural promotional items, including but not limited
to, coffee mugs,tee shirts, etc., shall be permitted provided:
• 8
(A) The items are specifically promotional to the site's agricultural 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
activities;
(8) Agricultural tourism in the A,FA, IA,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, IA, RA,and
APD districts without plan approval.
(e) Any agricultural tourism activity that is not in compliance with the regulations under
section 25-4-15(d)or appropriately permitted as provided by section 25-4-15(c)shall
be considered illegal under this chapter,unless otherwise noted herein.
(fl 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
twelve months following the effective date-of this ordinance. After this dates
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 twelve
9
•
months following the effective date of this ordinance,and, if an application for a
special permit or a use permit has been received and accepted within the twelve
month period, may continue such use until final action has been taken on the
application. After twelve months from approval of this ordinance,or denial of the
application,whichever occurs later,continued use shall be considered illegal under
this chapter.
(h) Any agricultural tourism activity that is currently operated under a special permit may
continue to operate under the terms and conditions of the special permit,or apply to
void the special permit and, if the permit is voided,operate under the standards of
section 25-4-15(d).
(i) An agricultural tourism activity that obtainsplan approval,but becomes non-
compliant with the standards of sec. 25-4-15(d)because of an increase in the number
of visitors, shall apply for a special permit,but may continue to operate until a final
decision is made on the special permit application.
0) An agricultural tourism activity which has received plan approval shall submit
financial records to the director on request to verify compliance and shall maintain a
count of visitors which shall be furnished to the director on request.
(k) The director may use observations of visitor arrivals, including bus traffic,in
estimating whether an agricultural tourism activity complies with sec. 25-4-15(d)(3),
and may require that an activity allowed with plan approval apply for a special permit
based on such observations. In that case,the activity may continue until a fmal
decision is made on the special permit."
S. 10
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 follows:
"(a)The number of parking spaces for each use shall be as follows:
(1) Agricultural tourism: one for each three hundred square feet of gross floor area
used principally for the agricultural tourism activity,but not fewer than three
spaces,plus bus parking if buses are allowed.
[()] (2) Bed and Breakfast establishments: one for each guest bedroom,in addition to
one for the dwelling unit.
[(23] � Bowling alleys: four for each alley.
[{3}J 14) Commercial uses,including retail and office uses in RCX, CN, CG, CV,
MCX,V, RA,FA,A and IA districts: one for each three hundred square feet
of gross floor area.
[(43](1) Day care centers: one for each ten care recipients of design capacity or one for
every two hundred square feet of gross floor area, whichever is greater.
[( )]lb) Dwellings,multiple-family: one and one quarter for each unit.
[(6)]C7) Dwellings, single-family and double-family or duplex: two for each dwelling
unit.
[(v)]0) Funeral homes and mortuaries: one for each seventy-five square feet of gross
•
floor area.
[(8)] () Golf courses: four for every hole.
[(9)] (10) Hospitals: one for each bed.
[(10)] (11) Hotels and lodges:
11
(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.
[(11)] (12) Industrial uses in ML, MG,MCX,RA, FA,A and IA districts: one for each
four hundred square feet of gross floor area.
[(4 ] (13) Laundromats,cleaners(coin operated): one for every four machines.
[(13)] (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.
[(11)] (15) Meeting facilities, including churches: one for each seventy-five square feet of
gross floor area.
t(15] LIM Nursing homes, convalescent homes,rest homes and homes for the elderly:
one for every two beds.
1(l-6] (17) Parks: as determined by the director.
[(17)]OD 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).
[(18)] (19) Rooming and lodging houses,religious, fraternal or social orders having
sleeping accommodations: one for each two beds.
[( ] (20) Schools(elementary and intermediate): one for each twenty students of design
capacity,plus one for each four hundred square feet of office floor space.
[(0)]Op 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.
[(21)] 12) Sports arenas, auditoriums,theaters, assembly halls: one for every four seats.
[(-223] (23) Swimming pools(community): one for each forty square feet of pool area.
[(23)] (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.
(3) Agricultural tourism as permitted under section 25-4-15.
[( )] (4) Animal hospitals.
[(4)] 121 Aquaculture.
[(5)) (6) Botanical gardens,nurseries and greenhouses,seed farms,plant
experimental stations, arboretums,floriculture,and similar uses dealing with
the growing of plants.
[(63] Cemeteries and mausoleums,as permitted under chapter 6,article 1 of
this Code.
[67)] CI Crop production.
13
[(8)]. f Dwelling, single-family, one per building site.
[(9)] (10) Family child care homes.
[(4-9-}} (11) Group living facilities.
[(11)] (12) 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.
[(12)] (13) 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.
[(- )} (14) Parks,playgrounds,tennis courts,swimming pools, and other similar
open area recreational facilities.
[(14)] (15) Public uses and structures,as permitted under section 25-4-11.
[(15)] (16) Roadside stands for the sale of agricultural products grown on the
premises.
[( )] (17) 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.
[(17)] (18) Telecommunications antennas, as permitted under section 25-4-12.
[(4-8}]. (19) Utility substations, as permitted under section 25-4-11.
[(4-9)- (20) Veterinary establishments."
14
SECTION 12. Chapter 25, article 5,division 6, subsection 25-5-62(a),Hawaii
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.
(2) Agricultural tourism as permitted under section 25-4-15.
[(2)] () Animal hospitals.
[(33] (4) Aquaculture.
[(4)] () Botanical gardens, nurseries and greenhouses, seed farms,plant
experimental stations,arboretums, floriculture, and similar uses dealing with
the growing of plants.
[(3)] () Campground`s,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.
[ .] (7) Cemeteries and mausoleums,as permitted under
Chapter 6,article 1 of this Code.
tee.] (8) Crop production.
[(8)] ( Dwelling, single-family, as permitted under chapter 205, Hawai`i
Revised Statutes and as permitted under section 25-5-67(b).
[(93] (10) Farm dwellings, as permitted under section 25-5-67(b)and (c).
•
15
[(10)] (11) Game and fish propagation.
[(44-)] (12) Group living facilities.
[(12)] (13) Kennels.
[(13)] (14) Livestock, grazing;provided that any feed or water area,salt lick, corral,
run,barn, shed, stable,house,hutch, or other enclosure for the keeping of any
permitted animals shall be located at least seventy-five feet from any lot line.
[(11)] (15) Public uses and structures,necessary for agricultural practices.
[(15)] (16) Retention,restoration, rehabilitation, or improvement of buildings or
sites of historic or scenic interest.
[(16)] (17) Riding academies,and rental or boarding stables.
[(17)] L.� Roadside stands for the sale of agricultural products grown on the
premises.
[(18)] 119) Telecommunications antennas,as permitted under section 25-4-12.
[(19)] (20) Utility substations,as permitted under section 25-4-11.
[(20)] (21) Vehicle and equipment storage areas that are directly accessory to
aquaculture,crop production,game and fish propagation, and livestock
grazing.
[(21)] (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) Agricultural products processing, major and minor.
(3) Agricultural tourism as permitted under section 25-4-15.
[(3)] al Animal hospitals.
[(4)] (5) Aquaculture.
[(5)] (6) Botanical gardens,nurseries and greenhouses,seed farms,plant
experimental stations, arboretums, floriculture,and similar uses dealing with
the growing of plants.
[(6)] al 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.
[93] al Cemeteries and mausoleums, as permitted under [Chapter] chapter 6,
article I of this Code.
• [(8)] Crop production.
[(9)] (10) Dwelling, single-family, as permitted under chapter 205,Hawai`i
Revised Statutes and as permitted under section 25-5-77(b).
[(10)] (11) Farm dwellings,as permitted under section 25-5-77(b)and(c).
[(11)] (12) Fertilizer yards utilizing only manure and soil, for commercial use.
•
[(P-)] (13) Forestry.
[(13)] (14) Game and fish propagation.
[(14)] 15 Group living facilities.
[(15)] (16) Kennels.
[(16)] O, Livestock production,provided that piggeries, apiaries,and pen feeding
of livestock shall only be located on sites approved by the State department of
17
health and the director,and must be located no closer than one thousand feet-
away from any major public street or from any other zoning district.
[(17)] (18) Public uses and structures which are necessary for agricultural practices.
[(4.8)] (19) Retention,restoration,rehabilitation, or improvement of building or sites
of historic or scenic interest.
[(19)] (20) Riding academies,and rental or boarding stables.
[( ] (21) Roadside stands for the sale of agricultural products grown on the
premises.
[(24-)] (22) Telecommunication antennas,as permitted under section 25-4-12.
[(22)] (23) Utility substations,as permitted under section 25-4-11.
[(23)] (24) Vehicle and equipment storage areas that are directly accessory to
aquaculture, crop production, game and fish propagation, livestock grazing
and livestock production.
[(21)] (25) Veterinary establishments.
[(23)] (26)Wind energy facilities."
SECTION 14. Chapter 25,article 5,division 8,subsection 25-5-82(a),Hawai`i County
Code 1983 (2005 Edition,as amended),relating to uses permitted within intensive agricultural
districts(IA districts), is amended to read as follows:
"(a) The following uses shall be permitted in the IA district:
(1) Agricultural parks.
(2) Agricultural products processing,major and minor.
Agricultural tourism as permitted under section 25-4-15.
[{ )] (44,) Aquaculture.
18
[(14)] ) Cemeteries,as permitted under chapter 6, article 1 of this Code.
[(3-)] (6) Crop production.
[(6)] (7) Farm dwellings,as permitted under sections 25-5-87(b) and(c).
[(I] (8) Forestry.
[($)] (fl 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.
[(9)] (10) Public uses and structures which are necessary for agricultural practices.
[(10)] (11) Telecommunication antennas, as permitted under section 25-4-12.
[(12)] (12) 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 effect,upon its approval.
Introduced by:
Air
COUN• MBER, COUNTY OF HAWAI`I
L
KonajHawai`i
Date of Introduction: October 22, 2008
Date of Ist Reading: October 22, 2008
Date of 2nd Reading: November 7, 2008
Effective Date: November 20, 2008
REFERENCE; Caw.
863.5
19
•
(
. .
OFFICE OF THE CdUNTY CLERK
County of Hawai`i
Kona, Hawai`i :v L'i..4) •
(Draft 3) P/1 Hof
3 Nil!!
f
Introduced By: Bob Jacobson ROLL CXL,Cliag,0 It.);
Date Introduced: October 2 2, 2008 AYES(. NOES _ ABS F.X
-....
First Reading: Octobek' 22, 2008 Ford X • 21- i'f ' •••it
' Published: Novemb6r 1, 2008 Higa X '--.•' .ec .
REMARKS: Hoffinann x
Ikeda X
Jacobson X ._.
Naeole X
Pilago X
Yagong X
•
Yoshimoto X
Second Reading: November 7, 2008 9 0 0 0
L
To Mayor: November 18, 2008
Returned: November 20, 2008 ROLL CALL VOTE
Effective: November 20, 2008 AYES NOES ABS' I EX1—
Published: December 1, 2008 --II
Ford X i
REMARKS. _ --.-4
Higa X
A
Hoffmann _ X
Ikeda X ----1
i
. Jacobson X I
. J.
Naeole X I
f________]
Pilago X
--1-- I
Yagong X 1 i
Yoshimoto X _ 1----7
8 0 1 ,
I Do HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicaied above.
41011111110111, a,. 1111
(iC
APPROVED AS TO *Ivo , -• - .6.;...-„.._ iti , ( /
FORM AN LEGALITY: wir
COU IL CHAIR if %
DEPUTY CO.,PORATION COUNS L ,
COUNTY OF HAWAII
COUNT.
. NOV 19 2018 .
•
148 (Draft 3) (2004-2006)
Bill No.: —
O4t- Reference: C-863 .5/P.C-9:1
:pprove 'Disapproved this dav . •
Ord No.: . 08. 135
,y__ _ )110 U.0.41,40 , 20 0 t ._. •
INN\N
V YOR, C/A I Y OF HAWALI
Ordinances Numbered 08-155,08-156,08-157,08-158,08-159,08-160,08-161,&08-162
1 hereby certify that the following Ordinances passed second and final reading at the meeting of the County .
Council on November 7,2008,by vote,as listed below:
Ordinance 08-155(Bill 148,Draft 3)(2004-2006): An Ordinance Amending Chapter 25(Zoning Code)of
the Hawai`i County Code,Related to Agricultural Tourism. AYES:Council Members Ford,Ikeda,
Jacobson,Naeole,Pilago,Yagong,Yoshimoto,and Chair Hoffinann—8;NOES:None;ABSENT:Council
Member Higa— 1;EXCUSED:None.
•
Ordinance 08-156(Bill 323,Draft 3): An Ordinance Amending Chapter.l9,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. AYES:Council Members Ford,Ikeda,Jacobson,Naeoie,Pilago,
Yoshimoto,and Chair Hoffmann-7;NOES:Council Member Yagong—l;ABSENT:Council Member •
Higa— 1;EXCUSED:None.
Ordinance 08-157(Bill 366,Draft 2): An Ordinance Amending Chapter 2 of the Hawai`i County Code
1983(2005 Edition,as Amended),Relating to Parity Liens. AYES:Council Members Ford,Ikeda,
Jacobson,Naeoie,Pilago, Yagong, Yoshimoto,and Chair Hoffmann—8;NOES:None;ABSENT:Council
Member Higa— 1;EXCUSED:None.
Ordinance 08-158(Bill 367): 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. AYES:
Council Members Ford,Ikeda,Jacobson,Naeole,Pilago,Yagong,Yoshimoto,and Chair Hoffmann—8;
NOES:None;ABSENT: Council Member Higa—l;EXCUSED:None.
Ordinance 08-159(Bill 369): An Ordinance Adopting the County of Hawaii South Kohala Community
Development Plan. AYES:Council Members Ford,Higa,Ikeda,Jacobson,Naeole,Pilago,Yagong,
Yoshimoto,and Chair Hoffmann—9;NOES:None;ABSENT:None;EXCUSED:None.
Ordinance 08-160(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 Square Feet(RS-10)at Manowaiopae,North Hilo,Hawai`i Covered by Tax Map Key
3-6-008:002. AYES:Council Members Ford,Higa,Ikeda,Jacobson,Naeole,Pilago,Yagong,Yoshimoto,
and Chair Hoffmann—9;NOES:None;ABSENT:None;EXCUSED:None.
Ordinance 08-161 (Bill 371): An Ordinance to Amend Ordinance No.08-78,as Amended,the Operating
Budget for the County of Hawai'i for the Fiscal Year Ending June 30,2009. AYES:Council Members
Ford,Higa,Ikeda,Jacobson,Naeole,Pilago,Yagong,Yoshimoto,and Chair Hoffmann—9;NOES:None;
ABSENT:None;EXCUSED:None. .
Ordinance 08-162(Bill 372,Draft 2): To Amend Ordinance No.01-118 of the County of Hawaii,
Relating to Certain Matters Concerning the County's Outstanding Improvement District No. 17,Kalako
Subdivision,2001 Special Assessment Refunding Bonds. AYES:Council Members Ford,Higa,Ikeda,
Jacobson,Naeole,Pilago,Yagong,Yoshimoto,and Chair Hoffmann—9;NOES:None;ABSENT:None;
EXCUSED:None.
asey Jarman'
• County Clerk
(Hawai`i Tribune-Herald— December I,2008)
(West Hawaii Today — December 1,2008)
Note: The original Digest/Affidavit is attached to Ordinance 08-155.
•
7tY OFN�4
COUNTY OF HAWAII :• "= '/=•I STATE OF HAWAII
•,.Nh;
BILL NO.
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 25 (ZONING CODE) OF THE HAWAII
COUNTY CODE 1983 (2005 EDITION, AS AMENDED) RELATING TO
AGRICULTURAL TOURISM.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Chapter 25, article 1, subsection 25-1-5(b), Hawai`i County Code 1983
(2005 Edition, as amended),relating to definitions, is amended by amending the definition of
"Agricultural tourism"to read as follows:
'Agricultural tourism", "ag-tourism" and/or"agri-tourism"means [v sitor -'elated
conducted on a] the practice of visiting an agribusiness, horticultural, aquacultural or agricultural
operation, including but not limited to, a farm, orchard,winery, greenhouse,hunting preserve, an
agricultural products processing facility, a companion animal or livestock show, for the purpose
of recreation, education, or active involvement in the operation, other than as a contractor or
employee of the operation."
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:
"Value-added agricultural product,"means the enhancement or improvement of the overall
value of an agricultural commodity or of an animal or plant product to a higher value. The
enhancement or improvement includes, but is not limited to marketing, agricultural processing,
transforming, or packaging, education presentation, activities and tours."
"Agricultural products," includes,but is not limited to crops, fruit;juice, vegetables,
floriculture, herbs,honey, forestry; husbandry, livestock and livestock products (cattle, sheep,
hogs,horses, poultry, milk, and eggs, etc.), aquaculture products(fish, fish products, algae/limu,
water plants and shellfish),horticultural specialties (nursery stock, ornamental shrubs, flowers
and Christmas trees).
"Agriculturally related products"means items sold at a farm market to attract customers
and promote the sale of agricultural products. Such items include but are not limited to all
agricultural and horticultural products, animal feed,baked goods, ice cream and ice cream based
desserts and beverages,jams, gift items, food stuffs, clothing, coffee mugs, t-shirts and other
items promoting the farm and agriculture in Hawai`i and value-added agricultural products and
production on site.
"Non-agriculturally related products"means those items not connected to farming or the
farm operation, such as novelty t-shirts or other clothing, crafts and knick-knacks imported from
other states or countries, etc.
"Agricultural operation"means any operation producing agricultural products.
"Agriculturally related uses"means those activities that predominantly use agricultural
products, buildings or equipment, such as rodeos, horse or pony rides, plant mazes,barn dances,
sleigh/hay rides, and educational events, such as farming cooking and food preserving classes,
etc.
"Non-agriculturally related uses"means activities that are part of an agri-tourism
operation's total offerings but not tied to farming or the farm's buildings, equipment, fields, etc.
Such non-agriculturally related uses include amusement rides, concerts, etc., and are subject to
either special use permits or use permits.
"Farm market/On farm market/roadside stand"means the sale of agricultural products or
value-added agricultural products, directly to the consumer from a site on a working farm or any
agricultural,horticultural or agribusiness operation of agricultural land.
"Agricultural tourism ,major"means an agriculture tourism operation which shall have a
maximum of thirty thousand visitors annually_
"Agricultural Tourism,minor"means an agricultural tourism operation which shall have a
maximum of three hundred fifty visitors per week for a total not to exceed fifteen thousand
visitors annually that access the activity via passenger vehicles that carry no more than fifteen
people per vehicle.
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:
2
"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
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 homes, 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
processing.
(e) Plan approval shall be required in the A district prior to the development of any trailer
parks 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.
(f) Plan approval may be required as a condition of approval of any use permit, variance,
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.
(g) Plan approval shall be required for the establishment of any major agricultural
tourism activity, as permitted under section 25-4-15(b)."
3
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 as
follows:
"Section 25-2-75. Plan approval application requirements for major agricultural
tourism.
In addition to the application requirements for plan approval contained in section 25-2-72,
an application for plan approval for major agricultural tourism operations shall include sufficient
information to ensure the following provisions are met:
(1) 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;
(3) The subject property must have an existing legal access to a public highway, which
may be via a private road or easement, and new driveways shall meet applicable
county or state standards;
(4) New and existing facilities to be utilized principally for the agricultural tourism
activity shall be clearly indicated on the plot plan ., - . • - - - • •. -
square feet in total area,] not including parking and vehicular accesses; and
(5) Proof, acceptable to the director, of income from agricultural activities and/or
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 25-2-76.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- 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- 77 and 25-4-7.
4
(c) The director may only issue plan approval for a telecommunication antenna or tower
if the proposed use meets all of the conditions contained in sections 25-2-77 and
25-4-12, and if the applicant provides all verification required under section 25-2-74.
(d) The director may only issue plan approval for a temporary model home or real estate
office if the proposed use meets all of the conditions in section 25-2-77 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. [- . •, • •• • • • - •-• • , - - • •• `-- -- •
decision to either approve or deny a plan approval application within sixty days after
sixty day period, the application shall be considered approved without further
certification by the director.]"
SECTION 6. Chapter 25, article 4, division 1, section 25-4-15 Hawai`i County Code 1983
(2005 Edition, as amended), is amended section to be designated section 25-4-15 and to read as
follows:
"Section 25-4-15.Agricultural tourism.
(a) Agricultural tourism is permitted as an accessory use to agricultural processing
facilities in the CG, CDH, CV, CN,ML,MG, and MCX districts.
(b) Agricultural tourism is permitted as an accessory use to agricultural activities and
agricultural processing facilities in the A, FA, IA, RA, and APD districts, subject to
plan approval for major agricultural tourism and in conformance with section 25-4-
15(d) .
(c) Agricultural tourism activities in A, FA, IA,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.
(d) Agricultural tourism operations shall comply with the following regulations:
5
(1) [ - • • . • _ . . . -- . . . - _ . • ] Major
agricultural tourism operations 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] A minor agricultural tourism operation shall have a maximum of[thifty
thousand] three hundred fifty visitors per week for a total not to exceed fifteen
thousand visitors annually that access the activity via passenger vehicles that
carry no more than fifteen people per vehicle. Major agricultural tourism
operations 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;
(5) [The total area of spaces, including covered decks, lanais,tents or canopies, and
income due to unforeseen environmental or economic conditions for not more
6
• . ., . . - -- ..• - !O. . _ , ., . : •. .
activity or agricultural processing facility; ]
(7) Sales of agricultural products grown on the island of Hawai'i, and processed
agricultural products where the main ingredient was grown on the island of
Hawai'i shall be allowed as part of the agricultural tourism operation.
Incidental sales of non-agricultural promotional items, including but not limited
to, coffee mugs, tee shirts, etc., shall be permitted provided:
(A) The items are specifically promotional to the site's agricultural 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
activities;
(86) Agricultural tourism in the A, FA, IA, and RA districts shall not include
weddings,parties,restaurants, schools, catered events, or overnight
accommodations,unless allowed by special permit or use permit; and
(97) Annual events that promote an agricultural industry or agricultural area, and
organized on a not-for-profit basis, are permitted in the A, FA, IA, RA, and
APD districts without plan approval.
(e) Any agricultural tourism activity that is not in compliance with the regulations under
section 25-4-15(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 major 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
under this chapter.] subject to providing proof of compliance with this chapter.
7
(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 twelve
months following the effective date of this ordinance, and, if an application for a
special permit or a use permit has been received and accepted within the twelve
month period,may continue such use until final action has been taken on the
application. After twelve months from approval of this ordinance, or denial of the
application,whichever occurs later, continued use shall be considered illegal under
this chapter.
(h) Any agricultural tourism activity that is currently operated under a special permit may
continue to operate under the terms and conditions of the special permit, or apply to
void the special permit and, if the permit is voided, operate under the standards of
section 25-4-15(d).
(i) An agricultural tourism activity that [obtains plan approval,but] becomes non-
compliant with the standards of sec. 25-4-15(d)because of an increase in the number
of visitors, shall apply for plan approval or a special permit,but may continue to
operate until a final decision is made on the plan approval or special permit
application.
(j) An agricultural tourism activity[ - - - - - •• • - - - ••] shall submit
financial records to the director on request to verify compliance and shall maintain a
count of visitors which shall be furnished to the director on request.
(k) The director may use observations of visitor arrivals, including bus traffic, in
estimating whether an agricultural tourism activity complies with sec. 25-4-15(d)(3),
and may require that an activity[allowed-with] be required to obtain plan approval or
apply for a special permit based on such observations. In that case, the activity may
continue until a final decision is made on the plan approval or special permit."
SECTION 7. 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 8. In the event that any portion of the ordinance is declared invalid, such
invalidity shall not affect other parts of this ordinance.
8
SECTION 9. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
, Hawai`i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
9
1 7
Bill 266/Comm. 745
BRPDInit-ZCode-Agric ulturalTourism.doc-dsa-4/4/12
COUNTY OF HAWAII PLANNING DEPARTMENT
REVISED BACKGROUND AND RECOMMENDATION
INITIATOR: PLANNING DIRECTOR
AMENDMENT TO CHAPTER 25 (ZONING CODE)
OF THE HAWAII COUNTY CODE 1983 (2005 EDITION)
RELATING TO AGRICULTURAL TOURISM
The Planning Director is initiating an amendment to Chapter 25 (Zoning Code) of the
Hawai`i County Code 1983 (2005 Edition, as amended)relating Agricultural Tourism. The
proposed amendment will specifically amend Sections 25-1-5(b), 25-2-71, 25-2-75, 25-2-76 and
25-4-15 relating to definitions,plan approval requirements, and use regulations, respectively, as
they are related to agricultural tourism.
BACKGROUND
In 2008,the Hawai`i County Council adopted Ordinance No. 08-155, a copy of which is
attached to this report as Exhibit A, to define and regulate agricultural tourism in Hawaii County.
Following the demise of the sugar plantations and mills, a more diversified agricultural base
consisting of smaller agribusiness and family operated farms,ranches, and agricultural products
processing facilities is evolving in the County of Hawaii. 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. To
supplement their agricultural activities and in response to the growing visitor industry, a market
has developed for tours and activities showcasing the uniqueness of farming, ranching and
agricultural products processing in Hawaii. However,the growth of the agricultural tourism
market has sometimes resulted in adverse impact on surrounding properties and resources.
The Council,in adopting Ordinance No. 08-155,recognized agricultural tourism as a
viable element of the visitor industry and as an expanding alternate income resource for local
farmers and ranchers, while also finding 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 of
Hawaii. Therefore, Ordinance No. 08-155 established standards and guidelines such as:
-1-
• Parking is specified at one space per 300 square feet of gross floor area principally used
for agricultural tourism, with a minimum of three spaces;
• The applicant must state whether or not buses are allowed. If they are,the applicant must
show a bus parking and unloading area on the plans;
• The Planning Department must do a site inspection before issuing plan approval, and the
Department will have 60 days to approve or reject the plan approval application;
• Parking areas are not included in the limit of 1,000 square feet principally used for the
agricultural tourism operation.
• The sale of agricultural products grown on the island of Hawai'i, and processed
agricultural products where the main ingredient was grown on the island of Hawai'i, is
allowed;
• The Planning Director may use observation of traffic to estimate whether or not the
agricultural tourism operation is exceeding the 30,000 visitor per year limit.
• If an agricultural tourism operation receives plan approval,but then exceeds the
30,000/year limit, it must apply for a special permit,but it can operate until the final
decision on the special permit.
In the years since the adoption of Ordinance No. 08-155,the administration of these new
standards and guidelines have encountered some challenges by the agricultural community due
to the lack of clarity in some of the guidelines and standards and the constraint of these standards
to accommodate the needs of the agricultural tourism industry. Since at least 2009,the Planning
Department has been meeting with members of the Hawaii Agritourism Association(HATA)to
discuss the requirements of Ordinance No. 08-155 and its implications and impacts upon those
who have existing agricultural tourism operations and those who are contemplating such
operations. Such meetings were facilitated by the Department of Research and Development
who also provided valuable insight and recommendations on how to improve the agricultural
tourism requirements.
PROPOSED AMENDMENTS
The proposed amendments before the Planning Commissions are the result of these meetings
and represent an attempt to provide better clarity, applicability and accommodation to a segment
of the agricultural and tourism industries that continues to grow.
-2-
Attached to this letter is a proposed bill amending Ordinance No. 08-155, relating to
agricultural tourism. The major changes are:
• Improved definition of activities that can be defined as"agricultural tourism";
• Define"major"verses "minor" agricultural tourism operations;
• Definitions regarding various standards that define components of agricultural tourism,
such as a definition for"agricultural product", "related uses", "farm market", and other
uses.
• Require Plan Approval only for"major" agricultural tourism operations,rather than for
all agricultural tourism operations as currently required by the Zoning Code.
• For"major" agricultural tourism operations, eliminate 1,000 square foot limit and rely on
maximum annual visitor count of 30,000;
• Eliminate 60-day review for plan approval of"major" agricultural tourism operations so
that it follows the same 30-day processing timeframe afforded to any other use;
• Eliminate the need for a site inspection prior to the issuance of final plan approval for a
"major"agricultural tourism operation.
• Revise maximum number of visitors for agricultural tourism-minor operations from a
yearly maximum of 30,000 to 15,000 and to also establish a weekly maximum of 350
visitors.
• Eliminate maximum limit of gross revenue generated by agricultural tourism operation;
• Eliminate one year"grace period"for existing agricultural tourism facilities to secure
final plan approval. Instead, agricultural tourism operations shall conform immediately
to the revised standards and guidelines, should this bill be adopted by the Council;
RECOMMENDATION
For the reasons cited above,the Planning Director recommends that the Planning
Commission send a favorable recommendation to the County Council for the amendment to
Chapter 25 (Zoning Code)of the Hawaii County Code 1983 (2005 Edition, as amended)
relating to Agricultural Tourism. The accompanying draft bill is provided for your favorable
consideration.
-3-
T
/�J/MtY OF,,
/� �i
COUNTY OF HAWAII STATE OF HAWAII
•
Bill No. (Planning Department-DRAFT 2)
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 25 (ZONING CODE) OF THE HAWAII
COUNTY CODE, RELATING TO AGRICULTURAL TOURISM.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Chapter 25, article 1, subsection 25-1-5(b), Hawai`i County Code 1983
(2005 Edition, as amended), relating to definitions, is amended by amending the definition of
"Agricultural tourism"to read as follows:
'Agricultural tourism", "ag-tourism" and/or"agri-tourism"means [visit,,. related
. . . . - . -- , •• -, - . . . - -. . • - - - •• _ . ' ' ] the practice of
visiting an agribusiness,horticultural, aquacultural or agricultural operation, including but not
limited to, a farm,ranch, orchard, winery, greenhouse,hunting preserve, an agricultural products
processing facility, a companion animal or livestock show, for the purpose of recreation,
education, or active involvement in the operation, other than as a contractor or employee of the
operation."
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:
"Value-added agricultural product,"means the enhancement or improvement of the overall
value of an agricultural commodity or of an animal or plant product to a higher value. The
enhancement or improvement includes,but is not limited to marketing, agricultural processing,
transforming, or packaging, education presentation, activities and tours."
"Agricultural products,"includes,but is not limited to crops, fruit;juice, vegetables,
floriculture, herbs, honey, forestry; husbandry, livestock and livestock products (cattle, sheep,
hogs,horses,poultry,milk, and eggs, etc.), aquaculture products (fish, fish products, algae/limu,
water plants and shellfish), horticultural specialties (nursery stock, ornamental shrubs, flowers
and Christmas trees).
"Agriculturally related products"means items sold at a farm market to attract customers
and promote the sale of agricultural products. Such items include but are not limited to all
agricultural and horticultural products, animal feed,baked goods, ice cream and ice cream based
desserts and beverages,jams, gift items, food stuffs, clothing, coffee mugs,t-shirts and other
items promoting the farm and agriculture in Hawai`i and value-added agricultural products and
production on site.
"Non-agriculturally related products" means those items not connected to farming or the
farm operation, such as novelty t-shirts or other clothing, crafts and knick-knacks imported from
other states or countries, etc.
"Agricultural operation"means any operation producing agricultural products.
"Agriculturally related uses"means those activities that predominantly use agricultural
products,buildings or equipment, such as rodeos,horse orpony rides,plant mazes,barn dances,
sleigh/hay rides, and educational events, such as farming cooking and food preserving classes,
etc.
"Non-agriculturally related uses"means activities that are part of an agri-tourism
operation's total offerings but not tied to farming or the farm's buildings, equipment, fields, etc.
Such non-agriculturally related uses include amusement rides, concerts, etc., and are subject to
either special use permits or use permits.
"Farm market/On farm market/roadside stand"means the sale of agricultural products or
value-added agricultural products, directly to the consumer from a site on a working farm or any
agricultural, horticultural or agribusiness operation of agricultural land.
"Agricultural tourism ,major"means an agricultural tourism operation that exceeds fifteen
thousand visitors annually with a maximum of thirty thousand visitors annually.
2
"Agricultural Tourism,minor"means an agricultural tourism operation which shall have a
maximum of three hundred fifty visitors per week for a total not to exceed fifteen thousand
visitors annually that access the activity via passenger vehicles that carry no more than fifteen
people per vehicle.
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
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 homes, 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
processing.
(e) Plan approval shall be required in the A district prior to the development of any trailer
park,or major agricultural products processing facility. The director shall determine
3
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.
(f) Plan approval may be required as a condition of approval of any use permit, variance,
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.
(g) Plan approval shall be required for the establishment of any major agricultural
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 to read as follows:
"Section 25-2-75. Plan approval application requirements for agricultural tourism:
major.
In addition to the application requirements for plan approval contained in section 25-2-72,
an application for plan approval for agricultural tourism-major operations shall include sufficient
information to ensure the following provisions are met:
(1) 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;
(3) The subject property must have an existing legal access to a public highway,which
may be via a private road or easement, and new driveways shall meet applicable
county or state standards;
(4) New and existing facilities to be utilized principally for the agricultural tourism-major
activity shall be clearly indicated on the plot plan - • . - - - • • •, :
. .. - -- •- - : ],including parking and vehicular accesses; and
(5) Proof, acceptable to the director, of income from agricultural activities and/or
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:
4
a c
"Section 25-2-76.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- 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- 77 and 25-4-7.
(c) The director may only issue plan approval for a telecommunication antenna or tower
if the proposed use meets all of the conditions contained in sections 25-2-77 and
25-4-12, and if the applicant provides all verification required under section 25-2-74.
(d) The director may only issue plan approval for a temporary model home or real estate
office if the proposed use meets all of the conditions in section 25-2-77 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
certification by the director.]"
SECTION 6. Chapter 25, article 4, division 1, section 25-4-15Hawai`i County Code 1983
(2005 Edition, as amended),is amended section to be designated section 25-4-15 and to read as
follows:
"Section 25-4-15.Agricultural tourism.
(a) Agricultural tourism is permitted as an accessory use to agricultural processing
facilities in the CG, CDH, CV, CN, ML, MG, and MCX districts.
(b) Agricultural tourism is permitted as an accessory use to agricultural activities and
agricultural processing facilities in the A, FA, IA, RA, and APD districts, subject to
5
plan approval for agricultural tourism-major and in conformance with section 25-4-
15(d) .
(c) Agricultural tourism activities in A, FA, IA, 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.
(d) Agricultural tourism operations shall comply with the following regulations:
(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] An agricultural tourism-minor operation shall have a maximum of[thy
tom] three hundred fifty visitors per week for a total not to exceed fifteen
thousand visitors annually that access the activity via passenger vehicles that
carry no more than fifteen people per vehicle. A agricultural tourism-major
operations 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;
(5) [ - - ., .. --, •- - . .• _. . ., . -, - - . .. . : - ., .
principally for the agricultural tourism activity, but not including parking and
vehicular access areas, shall not exceed one thousand square feet;
(6) Gross revenues from agricultural tourism shall not exceed the gross revenues of
the associated agricultural activity and/or agricultural products processing
6
. . . • : • .
than two consecutive years, or, in the case of a new agricultural activity or
agricultural products processing facility, that s -- -• -• - - -
further,that the sale of all items which include agricultural products grown or
processed by the associated agricultural activity or agricultural processing
facility shall be included in the gross revenues of the associated agricultural
activity or agricultural processing facility; ]
(7) Sales of agricultural products grown on the island of Hawai'i, and processed
agricultural products where the main ingredient was grown on the island of
Hawai'i shall be allowed as part of the agricultural tourism operation.
Incidental sales of[-. -• . . • - - . - - • - • ]non-agriculturally
related products, including but not limited to, coffee mugs, tee shirts, etc., shall
be permitted provided:
(A) The items are specifically promotional to the site's agricultural 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
activities;
(86) Agricultural tourism in the A, FA, IA, and RA districts shall not include
weddings,parties,restaurants, schools, catered events, or overnight
accommodations,unless allowed by special permit or use permit; and
(37) Annual events that promote an agricultural industry or agricultural area, and
organized on a not-for-profit basis, are permitted in the A, FA, IA, RA, and
APD districts without plan approval.
(e) Any agricultural tourism activity that is not in compliance with the regulations under
section 25-4-15(d) or appropriately permitted as provided by section 25-4-15(c) shall
be considered illegal under this chapter, unless otherwise noted herein.
7
1 .
(f) Any agricultural tourism-major 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 until May 20, 2010. After this date, continued use without having received
. . . ••. . • . . . . _ . subject to providing
proof of compliance with 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 until [May 20,
2010]December 31, 2012, and, if an application for a special permit or a use permit
has been received and accepted by [May 20,2010] December 31, 2012, may continue
such use until final action has been taken on the application. After [May 20, 2010]
December 31, 2012, or denial of the application, whichever occurs later, continued
use shall be considered illegal under this chapter.
(h) Any agricultural tourism activity that is currently operated under a special permit may
continue to operate under the terms and conditions of the special permit, or apply to
void the special permit and, if the permit is voided, operate under the standards of
section 25-4-15(d).
(i) An agricultural tourism activity that [ ] becomes non-
compliant with the standards of sec. 25-4-15(d) because of an increase in the number
of visitors, shall apply for plan approval or a special permit,but may continue to
operate until a final decision is made on the plan approval or special permit
application.
(j) An agricultural tourism activity [ - - -. . • . . . ] shall submit
financial records to the director on request to verify compliance and shall maintain a
count of visitors which shall be furnished to the director on request.
(k) The director may use observations of visitor arrivals, including bus traffic, in
estimating whether an agricultural tourism activity complies with sec. 25-4-15(d)(3),
and may require that an activity [allowed h] be required to obtain plan approval or
apply for a special permit based on such observations. In that case, the activity may
continue until a final decision is made on the plan approval or special permit."
8
SECTION 7. 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 S. In the event that any portion of the ordinance is declared invalid, such
invalidity shall not affect other parts of this ordinance.
SECTION 9. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
, Hawai`i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
9
Bill 266/Comm. 745
PLANNING COMMISSION
COUNTY OF HAWAII
HEARING TRANSCRIPT
MAY 3, 2012
A regularly advertised hearing on the PLANNING DIRECTOR INITIATED AMENDMENT TO
CHAPTER 25 (ZONING CODE) RELATING TO AGRICULTURAL TOURISM was called to
order at 3:22 p.m. in the County of Hawai`i, Aupuni Center Conference Room, 101 Pauahi Street,
Hilo, Hawai`i, with Vice-Chairman Dean Au presiding.
COMMISSIONERS PRESENT: Dean Au, Ronald Gonzales, Wallace Ishibashi, and Raylene Moses
STAFF PRESENT: Molly Lugo Torigoe (Deputy Corporation Counsel), B. J. Leithead Todd
(Planning Director), Daryn Arai (Planning Program Manager), Phyllis Fujimoto (Staff Planner), Maija
Cottle (Staff Planner), Jeff Darrow (Staff Planner), Sarah Hata-Finley, (Staff Member) and Sharon
Nomura(Secretary)
And three people from the public in attendance.
ABSENT AND EXCUSED: Stephen Ono and Zendo Kern
APPLICANT: 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 proposed amendment will specifically amend
Sections 25-1-5(b), 25-2-71, 25-2-75, 25-2-76 and 25-4-15 relating to definitions, plan approval
requirements, and use regulations, respectively, as they are related to agricultural tourism.
AU: Next applicant is the Planning Director.
ARAI: Okay, I'll provide you a very brief update. This particular bill was heard by you back in
March. And at that particular hearing the bill itself was continued to today in anticipation that there
could be additional changes to the bill, as well as based on testimony at that meeting, as well as the
upcoming Leeward hearing. Well, the Leeward hearing on this particular bill was heard last month,
and no additional changes to the bill were made. So what you have present before you today, and
hopefully you'll take action on it today, is the same bill that was presented to you back in March.
There have been no subsequent changes.
And the Planning Director did provide you an overview of the purpose of the bill at your March
hearing. If necessary, if you want her to go through that again, by all means let us know. We'd be
happy to do it for you. But with that I stand ready to answer any questions that you may have.
AU: Okay. Any questions for staff, Commissioners? So, Madam Director, do you have anything to
add to that?
1
LEITHEAD TODD: You know,just that we may propose when it gets to the Council some
amendments to definitions and stuff, but that the basic format of the bill will remain the same. And it's
basically to try and make it easier for the smaller farms to do ag tourism without having to expend
money to do drainage studies and, because those, you know, will run you $5,000-$6,000. And for a
small operation that's a lot of money for somebody to come up with, especially for some of the, the
guys that are just kind of going month-to-month. And, again, the ag tourism, the idea is to try and help
supplement agricultural income, and especially on a monthly basis, as opposed to, you know, normally
you're waiting for your crop to come in. And so for a lot of farmers their big income is seasonal. But
by allowing some small scale agricultural tourism it will help them supplement their income on a
monthly basis and help meet their monthly operating expenses, without having to go out and do more
loans.
AU: Okay,thank you. We have one person to testify. So please come up, Lani Weigert. Please raise
your right hand, and swear yourself in.
WEIGERT: Yes.
AU: You can state your name and your address.
WEIGERT: My name is Lani Weigert and I live in Kaumana.
AU: Yes. So you have three minutes, go ahead.
WEIGERT: So I'm in favor of the changes that were proposed by the Director. My position is I'm
president of the Hawai`i Agri Tourism Association, which is a statewide nonprofit association; and we
have 125 farms on it right now. I'm also owner of the Lavender Farm in Maui so I am very aware of
the ag tourism activities. And I think that these revisions would be very, very helpful for many farmers
to gain supplemental income and diversify their revenue stream right now coming into their farm. So I
am for the revisions, and I hope that you folks will approve to send IT on to the Council.
Now I don't know if I feel really special or really insignificant but (laughter), but after that huge crowd
(crowd for prior agenda item) I'm just so glad that you folks are still here. I really appreciate it.
Thank you.
AU: Okay, thank you for your testimony. Any questions for the testifier? Okay. Well, thank you
very much.
WEIGERT: Thank you. You may have a seat.
ISHIBASHI: Chair, one question. Excuse me, sister, you say you have 125 members. Is that
statewide or just on this island?
WEIGERT: Statewide.
ISHIBASHI: Oh, statewide.
2
WEIGERT: So, yes, we have them on this island all the way to Kauai.
ISHIBASHI: Thank you.
WEIGERT: Yeah, thank you.
AU: Thank you. Okay, Fellow Commissioners, I'm happy to entertain a motion -.
ISHIBASHI: I make a motion that we send a favorable recommendation to accept and pass the
Planning Director's initiated amendment to Chapter 25 (Zoning Code) of the Hawai`i County Code
1983 (2005 Edition, as amended).
AU: Thank you. Can I get a second, please?
GONZALES: Second.
AU: Open for discussion. Okay, with no discussion-.
ISHIBASHI: I got one comment. And I believe THIS is one step in the right direction, moving
forward. Cause that's true what BJ said about seasonal crops, and this is going to help the farmers in
some way with this ag tourism. Farming and tourism, that's all part of a good program. So we're
thinking forward here. Thank you.
AU: Okay, thank you. Go ahead.
WEIGERT: I did just want to say thank you. I know you were here earlier this morning, and then you
left and then you came back, so thank you so much for that, too, letting me testify.
AU: Okay, we got a second so go ahead Daryn. I guess we'll just go take a vote.
ARAI: Okay,taking the vote. Commissioner Ishibashi?
ISHIBASHI: Aye.
ARAI: Commissioner Gonzales?
GONZALES: Aye.
ARAI: Commissioner Moses?
MOSES: Aye.
ARAI: And Mr. Chairman?
KERN: Aye.
3
ARAI: Mr. Chairman, motion carries with four aye votes
The discussion ended at 3:29 p.m.
Respectfully submitted, \n
Sharon M. Nomura, Secretary
Windward Planning Commission
4
Bill 266/Comm. 745
LEEWARD PLANNING COMMISSION
COUNTY OF HAWAII
HEARING TRANSCRIPT
APRIL 19, 2012
A regularly advertised hearing on the PLANNING DIRECTOR INITIATED AMENDMENT
TO CHAPTER 25,RELATING TO AGRICULTURAL TOURISM was called to order at 11:50
a.m. in the West Hawaii Civic Center, Community Center, Building G,74-5044 Ane Keohokalole
Highway, Kailua-Kona,Hawaii, with Chair Geraldine Giffin presiding.
COMMISSIONERS PRESENT: Geraldine Giffin,Brandi Beaudet,Lani Bowman,
Thomas Hickcox,Richard Nelson and Thomas Whittemore
ABSENT AND EXCUSED: Wayne Iokepa
ALSO PRESENT: Ivan Torigoe(Deputy Corporation Counsel), BJ Leithead Todd(Planning
Director),Daryn Arai(Planning Program Manager),Jeff Darrow (Planner)and Noriko Sauer
(Commission Secretary)
And three people from the public in attendance.
APPLICANT: PLANNING DIRECTOR INITIATED
Amendment to Chapter 25 (Zoning Code) of the Hawaii County Code 1983(2005 Edition,as
amended)relating to Agricultural Tourism. The proposed amendment will specifically amend
Sections 25-1-5(b),25-2-71,25-2-75,25-2-76 and 25-4-15 relating to definitions,plan approval
requirements,and use regulations,respectively,as they are related to agricultural tourism.
GIFFIN: Agenda Item No.4,the applicant is the Planning Director and she has initiated an
amendment to Chapter 25,the Zoning Code,for the Hawaii County Code relating to agricultural
tourism. The proposed amendment will specifically amend Sections 25-1-5(b),25-2-71,25-2-75,
25-2-76 and 25-4-15. Planning Director?
LEITHEAD TODD: I was just going to say that this is something I've been working on for a while;
it was in response to concerns from a number of farmers that we had received. Sometime ago the
state legislature passed state law making it a permitted use to have agricultural tourism on lands that
are classified Agriculture under the state land use classification system. But in order to effectuate
agricultural tourism,it required the counties to pass an agricultural tourism ordinance. We are the
only county that has done so. However,because there had been an amendment to Plan Approval,
which put in a drainage study under Plan Approval,the requirement for Plan Approval under
agricultural tourism triggers a drainage study,and for the farmers, that translates into a$5,000 or
$6,000 cost. And so what we are trying to do is for the smaller operations,get rid of the Plan
Approval,so they don't have the expenditure, so that if they want to put up a sign and say"farm
tours," if they want to have more than just, you know,their coffee,they want to have coffee cups
that they sell with the names of their farm on it at their farm and put a sign up,they can do that
without having to go through a big expense. So what we have is some-. The current law allows
you to have up to 30,000 visitors a year before you have to go get a Special Use Permit. What I did
is I took that and I tried to break it up into two different categories: minor tourism which would be
up to 15,000 visitors a year, and major tourism which would be from 15,000 to 30,000. And then
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the language regarding Special Use Permits would still be there in that if you have more than
30,000,you need a Special Use Permit. And what I tried to do to differentiate between 15 and,the
minor and major is that for minor tourism we have a limitation on the numbers per week,we have a
limitation on the size of the vehicles;so basically, if you are going to have a minor tourism
operation,the vehicles accessing your property basically have to be 15-passenger vans as opposed
to having Jack's Tours show up. And the reason I made that distinction was that I didn't think the
15-passenger van really required much more parking than what you currently have for a farm truck.
But the concern with smaller farms and particularly with rural areas and old homestead roads is
some of these roads are not designed for big buses. The Old Mamalahoa in Kona, you've got sight
distance issues. And so,basically, I was trying to balance some basic safety issues that I could see
with the larger scale operations while trying to make it easier and cheaper for the smaller operations
and the smaller farmers to engage in some ag tourism. So that's what the bill reflects. And we have
taken it out to the Hawaii Agricultural Tourism Association, you know,and we've got a favorable
response. It was really in response to their concerns that I made these amendments. We've also
shared it with the Mayor's Agricultural Advisory Committee and,you know,basically it's been
favorable. There have been a few concerns here and there,but everyone seems to agree that this is
going in the right direction because the intent of the state was to allow this as a permitted use. And
so I'm trying not to make it too onerous on the farmers to allow them to have it. The current law,
they still can't have overnight visitors;so this is just a daytime type of a thing. But,and there's still
some requirements there about,you know,them having actual agricultural activity,so it's not just
tourism. We, you know,as this goes forward, we may want to add additional definitions like
botanical gardens or something like that,because there are some things that I might not have
caught. But basically, I think it's a pretty good bill,goes in the right direction. And the other
counties are waiting for us,and whatever we pass, they are going to use as the model to pass a bill
on their island. Maui County is particularly interested;they've been waiting because their feeling
was that they didn't want to reinvent the wheel. So they are going to look at what we do.
GIFFIN: Commissioners,any questions of the Director?
BOWMAN: I had one but I've got to look for it again.
ARAI: Madam Chairwoman?
GIFFIN: Yes,Daryn.
ARAI: Just a quick note. This bill was heard by the Windward Planning Commission at its April 4
meeting,I think it was. And they did vote to postpone action on it for additional -. So I'm going to
basically bring it back before them on their May 3 hearing.
GIFFIN: Okay. Commissioner Bowman.
BOWMAN: I think I know what my question was; I was reading this late one night and I wrote this
comment,but I don't know what it was. This is in regards to(6), which you are taking out, "Gross
revenues from agricultural tourism ...." That's all excluded,right? On Page 6.
GIFFIN: Of the background report-?
LEITHEAD TODD: The bill?
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BOWMAN: Section 6.
GIFFIN: Yeah,of the background report?
BOWMAN: Of the, yeah.
GIFFIN: Okay, what page?
BOWMAN: Six.
GIFFIN: Page 6,Section 6. Yes?
BOWMAN: Right? So that whole section is taken out. Am I on the right-?
LEITHEAD TODD: Under this proposal, yes,it is.
BOWMAN: Okay. So, my comment was, "so there is no money amount from ag,"but I don't
know why I made the comment.
LEITHEAD TODD: There is—hang on, I'm looking—on Page 6, at the top of Page 6,there is a
requirement that major operations have a minimum of$10,000 in verifiable gross sales.
BOWMAN: From,from,exclusive of any agricultural tourism -.
LEITHEAD TODD: Yeah.
BOWMAN: Okay,so that's ag itself. So there is no,anything about how much they can make
from agricultural tourism as long as they have the$10,000 verifiable from ag.
LEITHEAD TODD: This had more to do with the fact that I didn't think it was realistic that I was
going to be examining people's books in terms of,you know,having them come in,provide their
gross revenues,provide,you know-. I looked at how realistic it was. I think you can have a
threshold that says,hey,you have to show me that you have a certain amount of sales;but to require
that I'm going to examine their book and determine what their revenues are,look at their returns
and stuff,I just thought I'm not going to go-. I don't do it for anybody and I don't do this for any
other agricultural activity; I don't review anybody's ag activity for how much income they make,
you know. So I just thought that this was something that I'm not going to do,and I thought that it
would be very tough to require it. So I thought that the minimum for the major was,you know,
okay,but this other stuff, I just felt like,the reality that,cause this implies that I'm going to review
your books to see whether you comply with this,and I just had a problem with that. I don't have a
problem with saying that they have to have legitimate agricultural activity,but-.
BOWMAN: So my question is it's$10,000 for major,which brings in, I don't know, 30,000
people, 15,000 to 30,000 a year-. Did any of the ag tourism have any comment on this?
LEITHEAD TODD: I didn't get, I think they wanted me to retain some, you know,connection to
actual agriculture. So I wouldn't be adverse to just getting rid of the word "major,"and just say
"agricultural tourism operations must have a minimum of$10,000 in verifiable gross sales ...,"and
then that would include both major and minor.
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BOWMAN: But then you have a minor that might not because-.
LEITHEAD TODD: Well,if you are not doing$10,000 in gross sales, then are you really doing-.
That's gross; that's not net.
BOWMAN: Okay,that's gross.
LEITHEAD TODD: So are you really a real farmer or is this a backyard-?
GIFFIN: Hobby.
LEITHEAD TODD: Cause the intent is to try and make,supplement the income,if I was -. And
part of it is if you are doing any crop that is seasonal,what you have is you have monthly
expenditures for fertilizer,water and labor but you are waiting for your harvest,and so you -. This
is an attempt by the Legislature to try and allow farmers to have income that comes in on a monthly
basis that helps supplement them waiting for the actual sale of their crop. You know, if you have
some crops that are two years before you harvest,then this would allow you to have some income
from a tour of your farm. It would allow you to have,if you have a really cool name for your
coffee,you know, you could sell the coffee mugs and stuff like that; so you could have some
income that comes in. Because they wanted to help them balance it out. Because for some guys,
you know, you are waiting a long time and you are borrowing the money, and in the meantime you
don't have income coming in. So the farmers were asking for something that would help them.
That's why we sometimes have B&B operations on actual farms,because they are trying to
supplement that,because that gives them regular-. But we don't put a requirement on a B&B
operation that there be a nexus to agriculture; we haven't put any requirements that it can't exceed
their agricultural sales. This is the only place where I've seen this language is in agricultural
tourism. And I think it came out of the prior Director's concern that he didn't want just tourism but
no actual agriculture going on a property, and yet you've got tourism that is non-agricultural. It's
probably open-area recreational things like Ziplines,and those are permitted;open-area recreation is
a permitted use on Ag land,and yet you've got no what we think of as typically agricultural activity
necessarily going on. So anyway,I was trying to kind of tweak the existing language,make it a
little bit easier without totally gutting everything that was in it,and making it just,you know,
whatever the farmers want to do. I think some farmers would like me to just really loosen it up
even more,but this was an attempt to go within what we already have to make it a little bit easier
but not completely throw out the ordinance.
GIFFIN: Commissioners,any other questions of the Director?
BOWMAN: So just to clarify,it's still going to be major agricultural tourism operations then,
right?
LEITHEAD TODD: The language that I have here is"major." But if the Commission wishes to
recommend that the word"major"be taken out and just say"agricultural tourism operations must
have a minimum of$10,000 in verifiable gross sales ...,"I don't have an objection to that,because
the original bill required, whether you are having one visitor or 30,000 visitors, to have$10,000 in
sales.
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GIFFIN: Commissioners? Hearing none,there is a member of the public that signed up to testify
on this agenda item: Lani Weigert? Did I pronounce your last name correctly?
WEIGERT: Yes.
GIFFIN: Thank you. Will you please raise your right hand? Thank you. Do you swear or affirm
to tell the truth on this matter now before the Leeward Hawaii County Planning Commission?
WEIGERT: Yes.
GIFFIN: Please state your name.
WEIGERT: My name is Lani Weigert. I am the president of the Hawaii Agri Tourism
Association, which is a 501 C3 state-wide organization. And I'm also the founder and owner of
Ali`i Kula Lavender Farm on the Island of Maui,although I reside here.
GIFFIN: Lani,please go ahead.
WEIGERT: So I am in support of the changes and amendments that the Director has made. And I
just wanted to be available here to see if any of the Commissioners had any questions with regard to
ag tourism. The changes that the Director have made has really helped a lot of the farms. And let
me explain to you why that is. The original intent to do an agri tourism bill was to allow farmers to
do this legally,but also to allow them a way to provide supplemental income to their farms, largely
for the reasons that the Director has mentioned,because many of the farms have seasonal crops and
they have to wait to make more income. A case in point would be a farm here that maybe some of
you might know, it is the Hawaiian Vanilla Company. And his very laborious crop does not
always,it's not always in season,and so he has been able to survive by doing ag tourism activities
such as offer different types of luncheons at his property, as well as the walking tours. And I do
understand that with regard to the amount of money he makes on his raw crop versus his ag tourism
activities, it's probably 30 percent in raw crops sales versus 70 percent in ag tourism activities. For
my farm,which does lavender, we have twelve percent in raw crop sales and all the rest in ag
tourism activities. So can you imagine if that was not allowed? Now,we had to go the Special Use
Permit route,and the Special Use Permit route will cost any farmer anywhere from $30,000 to
$60,000 with regard to all of the consultants and engineers that would be required to come.
So the Director is absolutely correct that every county is watching this bill with bated breath,
because it will then open the gates for the entire state to allow ag tourism across the different farms.
And right now there is an allowance that was made by Representative Angus McKelvey that allows
educational walking tours at farms across the state;however, this would actually seal it completely
by having an ordinance in every county,which allows for value-added products to be sold at farms,
etc. So ag tourism with regard to making sure that there's some type of active agricultural operation
on the farm is very important,because that's the reason people want to come to these farms. And
the way that the Director has written it really grounds that first,and so the Hawai'i Farm Bureau
Federation is also in support in how this is written as well.
GIFFIN: Director.
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LEITHEAD TODD: Yeah,I have to point out that I was looking at the wrong one and so were you,
Lani; the revised recommendation is on the yellow paper and in the revised recommendation, we've
kept the minimum of$10,000 for both major and minor.
BOWMAN: Oh,sorry,okay.
LEITHEAD TODD: So that doesn't need to be amended. The recommendation doesn't have any
change to that. It did take out the gross revenues, and that really for me had more to do with the
fact that I just never envisioned that my Department would be that, you know-. To get started, I
don't mind you showing me,you know,that you are a real farmer;but the idea that I'm going to
then come in every year and try and determine whether your agricultural sales are equal to or,you
know,less than what your revenues from the other stuff, I just thought that was a bookkeeping
nightmare,and that I couldn't envision that my Department would be doing that.
GIFFIN: Any other comments of the testifier?
BOWMAN: I have a question. And I apologize—I know I ran out and I, that's what I forgot to
bring. But then,again,the$10,000,you know, I live in Kohala where there is a lot of really small
farms,I would like to—and maybe I'm just talking off the top of my head,you know—would like
to afford an opportunity for some of our smaller farmers to benefit. Do you think, in your opinion,
the$10,000 for major and minor is correct? Because I'm not an agri farmer.
WEIGERT: Well,it sounds like you seem to be kind of skeptical about that amount as well,that
you think maybe it's out of their reach of-.
BOWMAN: Of the small farmer.
WEIGERT: Yeah,for an annual income.
BOWMAN: Right.
GIFFIN: Gross.
WEIGERT: I'm not exactly sure how-.
BOWMAN: Gross,okay.
WEIGERT: Gross,right?
GIFFIN: Uh huh.
WEIGERT: I'm not exactly sure how that would be tracked unless that's going to be a requirement
on the initial application, Director?
LEITHEAD TODD: The reason—and I have to kind of guess at why Chris picked$10,000 but—
this is not intended to help somebody who's got a small backyard operation and it's a very small
part of his income; this is really intended to help people who have a substantial portion of their
income coming in from farming or ranching or some other agriculturally related activity. Because
if you don't have any kind of threshold,you know,which to a great extent is going to be self-
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monitored,but at least you can, you know,if you question-. It's like,you know,somebody having
a couple of tangerine trees in the yard and then,or avocado trees,and then you harvest once a year
and you take it down and you sell it; that's not a,that's not a farmer. It's someone who devotes a
piece of land to growing a crop and expects to earn a significant portion of their income from it.
And especially,if you are going to allow them now to have people come on the property and sell
coffee mugs and sell T-shirts and do farm tourism stuff,if you are not making$10,000 in gross
sales, and we are not even talking net,then I can't see that as much of an operation,much of a
farming operation at all.
WEIGERT: So I understood the amount to be fair and it help differentiate the subsistence farmer,
the backyard farmer,from an actual commercial farmer that would open up their farm to have tours
and other activities going on. So there had to be something really clear so that you knew that,you
know,if you are just doing backyard aquaponics or,you know, you just had your ten papaya trees,
that wasn't just going to cut it,you know. We needed to really be able to identify you as an ag
tourism venue.
GIFFIN: Lani,did you want to add to that?
BOWMAN: I just have a question. Is—and I may be throwing a spoke and may not even be
applicable—like,say,somebody had a couple acres or three acres or whatever and had a pick-your-
own, is that considered agricultural tourism or is that even allowed?
LEITHEAD TODD: That's not necessarily agricultural tourism;that would be more like having a
fruit stand,which is permitted.
BOWMAN: Okay. I'm just trying to think of how people can promote their agricultural -.
LEITHEAD TODD: Well,because if you go through Kona and you see, you know -. You go
down towards Napo`opo`o,and there is a little stand on the side with leis and nobody is sitting
there. It's an honor system;you can stop,buy the lei,put the money in. I've seen a few other
stands like that with papaya, avocado. And then they put a price on it and they have a little box that
you can throw your money in and it's an honor system. Those are permissible; those fruit stands are
currently legal under the law. This envisions a little bit more in being able to sell more than just the
fruit,value added products; so you can sell the jam,right,you know,you can sell other things, you
can sell things that aren't maybe 100 percent grown on the farm, you can sell the T-shirts. Like,
you know, I guess if I came to Kona and I saw some really cool label for coffee that was kind of
funny,I'd want to get the coffee cup to take back because it would be funny to, you know-. I've
seen some strange names that the guys, you know, like,put on their labels to attract attention. And
some have very beautiful designs,too. So sometimes, you know,you are interested in getting,not
just the coffee,but getting the other gifts to go along with it. But it's really about recognizing that
farmers sometimes need to supplement the income on a monthly basis as opposed to waiting for the
crop to come in. And the Legislature did this in response to the requests from farmers. And so we
are just trying to figure out how to do it without it turning into,you know,the Waiki`i Festival
without a Special Use Permit, you know. That's basically it. That's why there has to be some
activity. That's why there's limits on whether it comes in buses or single cars and stuff.
WEIGERT: So what I really like about the amendments is the recognition of the major and minor,
cause I want you to know in ag tourism one size does not fit all. And the fact that the Director has
indicated the type of vehicles and that there needs to be ample parking and that kind of stuff is
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really important,because if people are allowed to do ag tourism activities but there is no structure
that controls the certain things-. The small farmer that has a small organic farm that is inviting the
school kids from the Waimea Elementary School,I mean they don't need to have a whole Plan
Approval where they have to hire consultants and all that to do that. And that's what I like about
the amendments is because, you know,the small mom-and-pop or multi-generational farms will be
allowed to do this under this,and it will allow,this plan will actually allow others within the state as
other counties follow it. So it's really good that when an operation starts to get larger or more
significant with regard to volume of people that come to their farms,they need to jump through the
Plan Approval hoops. And that's why I think that's good,cause I don't think that is restrictive at
all; I think that is right for the larger farms to do that,because it makes sure that there is public
safety and public consideration in doing that. But the small farmers,they don't have the
wherewithal with all resource to do any of that. And so it's important that this particular plan really
recognizes the difference with regards to the size, the volume or what farms will be handling on
their properties.
GIFFIN: Any other comments of the testifier? Lani.
BOWMAN: Sorry. Cause,you know, I live in Kohala and we don't even,the bus can't even turn
around at the statue,so I guess I'm coming from a small rural, you know,perspective. But then I
think,and I know this bill isn't for O`ahu but,wow-. Anyway, I guess that was my comment that I
hear you when we can afford this to the smaller, I guess,farmers and prevent those big buses.
WEIGERT: And really the initial idea of having an ordinance like this was really for the beginner
farmer;it really,really was,so that the farmer could come out and try to supplement their income
and survive. So what happens is that all of the larger farms and ranches start to jump in on this.
No, no,no,you need to go the regular route and do what you need to do to make it legal for you. It
wasn't meant for those sizes. So when I say—I'm trying to think of a larger agricultural system
here that has the buses coming in all the time—they have to go through, you know,like some of the
Kona coffee farms, you know, where they have the buses now,they were supposed to go through
Plan Approval to make that happen. They should in fact do drainage plans. But the smaller farmers
that have, you know,maybe one to three acres,they just don't have the wherewithal to do that. And
I agree in Kohala there is a certain sense of place there,too,so maybe big buses don't belong there.
You see,so that's why there is certain things that the Director built into this that really protects the
sense of place as well.
BOWMAN: Thank you.
GIFFIN: Any other comments for the testifier? Thank you very much. Appreciate your being here
and all of your input. Commissioners,do you have any questions of staff or of the Director?
Hearing none,if you will turn to Page 3 of the yellow paper that was handed out,you will see at the
bottom of Page 3 the recommendation. Do I hear a motion? Commissioner Bowman.
BOWMAN: So I move that—shall I read this whole thing?
GIFFIN: You may do whatever you want.
BOWMAN: Okay, thank you,oh boy, I don't know. Okay, for the reason cited above that we
recommend the Planning, that we approve the Planning Director's recommendations that the
Planning Commission send a favorable recommendation to the County Council for the amendment
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to Chapter 25,Zoning Code,of the Hawaii County Code 1983,2005 Edition,as amended,relating
to agricultural tourism.
GIFFIN: Do I hear a second?
WHITTEMORE: Second.
GIFFIN: It has been moved by Commissioner Bowman and seconded by Commissioner
Whittemore that we send a favorable recommendation to the County Council for the amendment to
Chapter 25 of the Hawaii County Code 1983,2005 Edition, as amended,relating to agricultural
tourism. Any discussion? Hearing none,Daryn?
ARAI: Commissioner Bowman?
BOWMAN: Aye.
ARAI: Commissioner Whittemore?
WHITTEMORE: Aye.
ARAI: Commissioner Beaudet?
BEAUDET: Aye.
ARAI: Commissioner Hickcox?
HICKCOX: Aye.
ARAI: Commissioner Nelson?
NELSON: Aye.
ARAI: Madam Chairwoman?
GIFFIN: Aye.
ARAI: Madam Chairwoman,favorable motion carries with six aye votes.
GIFFIN: Thank you very much.
The discussion ended at 12:22 p.m.
Respectfully submitted,
Noriko Sauer, Secretary
Leeward Planning Commission
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