2017-01-05 Hearing Transcript - County Council Bill 227 Draft 2

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Let's see. We've added in a change. In the current Zoning Code, it allows for products, agricultural products grown in—we've added to allow agricultural products grown in Hawaii and processed agriculture products where the main ingredient was grown in Hawaii instead of grown only on the Island of Hawaii which is in the current bill now. We have kept in this prohibition of agricultural tourism in Waipi`o Valley and also the 4 -wheel drive access, and the reason why is through this process, we've met with different parties in relation to this, and there was a strong request to keep that in going up to Council. Up at Council, they can either keep it in or take it out, but at this point, they're asking to try to keep that in it at this time. We've, instead of putting a time frame on the time to become compliant if you're non-compliant, we just said 90 days from the effective date of whatever ordinance or if an ordinance is approved. So, they'll need to, they'll have 90 days to come into compliance. We've added sections within this section that are currently permitted through Plan Approval, Special Permit, or Use Permit. So, what that means is there are certain things that you are required to receive. Let's say you want to do a restaurant. A restaurant is not permitted. You have to get a Special Permit. So, we have certain uses that are listed in there that you can do with agricultural tourism, but you need a Special Permit. Overnight accommodations is one that always seems to come up. The Plan Approval comes up because some of these are located within commercial industrial zoning and instead of a Special Permit or a Use Permit, it would go to Plan Approval. We've added in the addition of the registration but only one time and if we feel there's a need, we can ask for the additional information. We're not asking them, each one of them, to submit. In our conversations with other agencies, we heard that dealing with financial records was very, very difficult, and so it's something we shouldn't try to take on, because I don't think any of us are experts, you know, on tax forms or finances or anything. We've added a section for the Director to conduct, the similar section as proposed where they can conduct site inspections without prior notice. We get a complaint, we go out. We take a look at it. And, lastly, we've added in a section. We've toned it down a bit the way that it was in Bill 227, Draft 2 is that they were being specific, but both HRS and our County Code have specific requirements for enforcement, so depending on where it occurs and what property, we need to look at what sections of enforcement would apply. Anyway, that concludes our presentation. Hopefully, we've answered all your questions, but I stand ready to answer if you have any. HENKEL: Jeff, I have a question. The way I understand it, the $10,000 revenue threshold has been eliminated for the ag income. DARROW: Right. 7 EXHIBIT C