|
attempts to make the permitting process less burdensome by providing changes to the Plan
<br />Approval section to only require applicants to submit for Plan Approval prior to construction or
<br />installation of a new structure and for any addition to an existing structure that exceeds ten percent
<br />of the existing structure. Additionally, the bill offers an option for the applicant to request a
<br />waiver from the Planning Director from the requirement for a site drainage plan, upon providing
<br />evidence to the Director’s satisfaction that there would be no significant run-off resulting from the
<br />proposed development. And lastly, Bill 227, Draft 2, creates a yearly registration process along
<br />with a 100-dollar processing fee, which includes submitting financial records and a daily visitor
<br />count record annually.
<br />
<br />Here are some key points that have been changed in Bill 277, Draft 2. In the definitions, they had
<br />added in, along with agricultural tourism, what’s called “agricultural-based commercial
<br />operations.” And what’s, to give you a little background on that, agricultural-based commercial
<br />operations was, is now considered a permitted use under State Law. And it allows for roadside
<br />stands, it allows for enclosed retail structures, as well as food establishments. And we have an
<br />agricultural certification form that we’ve been using, agricultural-based commercial op
<br />certification form, which is your Exhibit 6, and it actually has the law there written. So as long as
<br />these, the roadside stand, the retail activities and the retail food establishment, prepares and serves
<br />food at, or it uses products, agricultural products grown in Hawai‘i, as well as value-added
<br />products that were produced using agricultural products grown in Hawai‘i, then it’s okay to
<br />operate these. The problem is, with the Planning Department with this law is that there’s no real
<br />tie-in to a working farm. And so what the attempt here was to have commercial agricultural
<br />operations be tied in to agricultural tourism, which is supposed to be tied to a working farm. And
<br />so for you to be able to do a commercial-based, ag-based commercial operations, you need to,
<br />you’re considered, that’s considered almost like ag tourism; they are tied in together. If you are
<br />going to be doing roadside stands, retail establishment, food, retail food establishment, people
<br />come to your property, they are visitors, it’s tied in to ag tourism. That was the attempt here;
<br />that’s what they are, what the Council is trying to do in this particular change in the Code. The
<br />Planning Department agrees with this change. Because of the difficulty we’ve had trying to
<br />permit these agricultural-based operations. What’s happened is we have people that come in, they
<br />say, “I’m going to be only serving locally grown food and using value-added items produced in
<br />Hawai‘i,” yet, there is no tie-in to agriculture; they could go to Costco and get it, or wherever, and
<br />we have no way of knowing that. So we’ve created a form that kind of has, this is kind of our
<br />basis for what we are looking at as a registry form, but right now it’s kind of a certification form
<br />that they are going through.
<br />
<br />UNGER: Jeff, a question.
<br />
<br />DARROW: Sure.
<br />
<br />UNGER: So, if this is based on a commercial farming operation or ranching operation, what is
<br />your definition of a commercial ranching operation?
<br />
<br />DARROW: The definition of a working farm, as mentioned in the law comes under 165-2, which
<br />has the definition of a working farm. And I’m not sure if we have that available – let me see if I
<br />have that.
<br />10
<br />EXHIBIT A
<br />
<br />
|