REP PC 009 01/08/2013 (2012-2014)

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REPORT OF THE COMMITTEE ON PLANNING DATE: January 8, 2013 Re: Comm. No. 745.29/Bill No. 266, Draft 5 PLACE: Council Chambers Hilo, Hawaii TIME: 1:01 P.M. Council Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Planning, to which was referred Bill No. 266, Draft 5, reports as follows: Bill No. 266, Draft 5, transmitted by Council Member Pete Hoffmann, via Communication No. 745.29 dated November 12, 2012, amends Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition, as amended) relating to agricultural tourism. Mayor William P. Kenoi first transmitted the above Bill 266 and enclosures, via Communication No. 745, with favorable recommendations from the Windward and Leeward Planning Commissions, on May 25, 2012. The proposed bill specifically amends 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, pertaining to agricultural tourism. The proposed bill adds and clarifies definitions and types of use for "major" and "minor" agricultural tourism activities; and sets forth specific regulations for each. On July 18, 2012, Bill 266, Draft 2 was sent to Council with a favorable recommendation via report PC -55. The previous Council referred Bill No. 266, Draft 5 back to the Council's Planning Committee on November 21, 2012. At the meeting of December 18, 2012, your Committee postponed the measure. Committee Members expressed concerns with approving a bill that was amended multiple times by the previous Council without their input and full understanding of all the changes. Council Member Eoff commented that she spent hours trying to compare the different drafts to figure out where the changes were to gain a better understanding of the bill and its evolution to Draft 5. Council Member Kern introduced the idea of "starting with a clean canvas" commenting that the bill is now proposed to be amended to Draft 6 and that it has been "painted with so many different strokes that the original picture has been lost." Committee Members also expressed concern with the many hours of public testimony and discussed the need to honor all previous public input and testimony. It was suggested that bills forthcoming be amended to include suggestions and recommendations from the public which address negative impacts of agricultural tourism operations on their communities and immediate neighbors. Council Member Ford asked Committee Members to remember two important points when considering their vote on this bill: 1) Will the bill lead to more food crops for consumption on the Big Island; and 2) Is the bill designed for "real" farmers? PC Rept. No.: 9