2017-01-19 Leeward Exh A (Bill 227 Draft 2 re Agricultural Tourism)

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Just for your reference we passed out two portions of, well, one portion of the current code, as well as the Planning Director’s alternative language. The paper that is identified as “(Current) Section 25-1-5. Definitions” at the top, this is the current code as it relates to Ordinance 08-155. That basically comes out of Section 25-4-15, as well as the Plan Approval section and the definitions. And so, to be able to see it without ramseyer version, it’s all right there on that paper. So during our discussion you can look back at what our current code says. So this, what we currently have in our Zoning Code was adopted through Ordinance 08-155 in response to these sections. And again, it says, under Section 205-5, this section states the following: “Within agricultural districts, uses compatible to the activities described in section 205-2 as determined by the commission shall be permitted; provided that accessory agricultural uses and services described in sections 205-2 and 205-4.5 may be further defined by each county by zoning ordinance. Each county shall adopt ordinances setting forth procedures and requirements, including provisions for enforcement, penalties, and administrative oversight, for the review and permitting of agricultural tourism uses and activities as an accessory use on a working farm, or farming operation as defined in section 165-2.” It goes on to say that these ordinances shall include: Requirements for access to a farm, including road width, road surface, and parking; requirements and restrictions for accessory facilities connected with the farming operation, including gift shops and restaurants; activities that may be offered by the farming operation for visitors; days and hours of operation; and, automatic termination of the accessory use upon the cessation of the farming operation. So based on these ordinances, or these laws out of HRS, the County Council adopted Ordinance 08-155. Currently, Hawai‘i County is the only county that has adopted ordinances relating to ag tourism in the State of Hawai‘i; so we are actually the only one that has complied with that requirement. Continuing on, in 2009 the Hawai‘i County Council adopted Ordinance 09-143. The purpose of this ordinance was to extend the amnesty period for unpermitted agricultural operations, as included in Ordinance 08-155, from November 20, 2009, to May 30, 2010, from twelve months to 18 months after the effective date of Ordinance \[08-\]155. So since 2008 the only change to agricultural tourism, to our ordinance has been this minor change. There have been several attempts to make over those. But you’ll see the difficulty in passing such a bill, because it seems like, you are hearing from the public this morning about certain negative aspects of agricultural tourism, but there is also people that are pushing very hard for promoting agricultural tourism in a sense that they want it less restrictive than it currently is. So there is two oppositions going on, and we’ll go into a little detail. So in 2012, based on these problems that we’ve been occurring in enforcing this particular ordinance, and I’ll explain some of these problems. One of them is the fact that, as Ms. Palma-Glennie stated, is that, you know, they don’t want to be the bad guys and calling and complaining about a neighbor. So the problem that the Planning Department is faced with is, how do we know where they are, or who they are? The ordinance requires that if you are wanting to be an agricultural tourism operation, you have to come in and submit Plan Approval. Most of the farmers feel that’s too excessive, too restrictive. And they haven’t done it. We’ve had very few agricultural tourism operations come in throughout the island since 2008 for Plan Approval. Additionally, we’ve had very few complaints. In Hilo we’ve only had one complaint and that was in a residential zone since 2008. Sometimes, we’ve had other complaints, these happened over a 8 EXHIBIT A