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WINDWARD PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT JUNE 6, 2013 A regularly advertised hearing on the COUNTY COUNCIL INITIATED BILL NO. 25, DRAFT 2 REGARDING AN AMENDMENT TO CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION,AS AMENDED),RELATING TO AGRICULTURAL TOURISM was called to order at 12:43 a.m. in the County of Hawai`i, Aupuni Center Conference Room, 101 Pauahi Street, Hilo, Hawai`i, with Chairman Wallace Ishibashi presiding. COMMISSIONERS PRESENT: Wallace Ishibashi, Ronald Gonzales, Charles Heaukulani, Gregory Henkel, Myles Miyasato, Raylene Moses, and Stephen Ono STAFF PRESENT: Duane Kanuha(Planning Director), Ivan Torigoe(Deputy Corporation Counsel), Daryn Arai (Planning Program Manager), Maija Cottle(Staff Planner), Jeff Darrow (Staff Planner), and Sharon Nomura(Secretary) INITIATOR: COUNTY COUNCIL Bill No. 25, Draft 2 regarding an amendment to Chapter 25 (Zoning Code) of the Hawai`i County Code 1983 (2005 Edition, as amended), relating to Agricultural Tourism. The purpose of the proposed bill is to clarify definitions,procedural guidelines and requirements, and standards related to agricultural tourism operations. The bill specifically: Amends Chapter 25 (Zoning Code),Article 1, Section 25-1-5 relating to Definitions. Amends Article 2, Division 7, Section 25-2-71 relating to Plan Approval applicability. Amends Section 25-2-75 relating to Plan Approval application requirements for agricultural tourism. Amends Section 25-2-76 relating to Action on Plan Approval application. Amends Article 4, Division 1, Section 25-4-15 relating to Use Regulations for agricultural tourism. ISHIBASHI: Item No. 4, Bill No. 25, Draft 2. Daryn. ARAI: Okay. If I may direct your attention to the presentation screen. Well, let me preference all of this - is that if this sounds kind of familiar to you it's because last year a similar bill went before you. It was Planning Director initiated at that time, and she offered a host of changes to the Ag Tourism component of the Zoning Code. That bill went before you and it eventually made its way up to the County Council. If you look at, on page, at your background report, page 4, you'll see where it made its way through the County Council. And as it made its way through the County Council there was a whole raft of proposed amendments to the bill. And people came to realize that the bill, it went way beyond the original purpose and intent of the bill. And as you know whenever a bill is created you cannot go beyond the Title of the Bill. That's why we're always careful when we craft something. You cannot create one bill and then all of a sudden it ends up doing something that no one from the public anticipated. And that is why I think last year, I mean, I'm sorry, on January 23, 2013,just beginning of this year, the Council 1