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HomeMy WebLinkAboutREP PC 098 10/07/2008 2006-2008REPORT OF THE COMMITTEE ON PLANNING DATE: October 7, 2008 PLACE: Council Chambers Ben Franklin Building, 2"d Floor 333 Kilauea Avenue Hilo, Hawaii 96720 TIME: 3:00 p.m. Council Chair and Members Hawaii County Council Hilo, Hawaii 96720 Re: Comm. 426Bi11 148 (2004-2006) Your Committee on Planning, to which was refereed Bill No. 148, reports as follows: Bill No. 148, initiated by Christopher Yuen, Planning Director, transmitted via Communication No. 426, dated August 24, 2005, transmits the above Bill for an Ordinance amending Chapter 25 (Zoning Code) of the Hawaii County Code, relating to Agricultural Tourism, Bill No. 148 seeks to amend Chapter 25 (Zoning Code) Hawaii County Code 1983 (2005 Edition, as amended), to allow, by Plan Approval, agricultural tourism up to a certain scale as an accessory to the agricultural activities and/or processing of agricultural products in the Agriculture (A), Family Agriculture (FA), Intensive Agriculture (IA), Residential Agriculture (RA) and Agricultural Project District (APD) Zones. A special use permit would be required for activities that exceed the limits allowed by the bill, depending upon State Land Use designations. Communication No. 426 reports that the Hawaii County Planning Commission, as required by Chapter 4, Sec. 6-4.3(C), Hawaii County Charter, considered the above request in Hilo, Hawaii on April 1, 2004, and again in Kona, on April 22, 2005. The Commission recommended favorable consideration of the Planning Director's request. At the September 20, 2005 Committee on Planning meeting, Bill 148 was postponed to the October 17, 2005 Planning Committee meeting. On November 8, 2005 Committee on Planning meeting, Bill 148, Draft 2 was transmitted via Communication No. 426.22 and this matter was postponed to the second Committee meeting in January 2006 (January 19, 2006). At the December 4, 2007 Planning Committee meeting, Planning Director Yuen presented an update as to the status of Bill 148, and what transpired between the time the matter was last discussed and the present. Director Yuen recommended deferring this matter to allow the Ag Tourism Association group to complete their work on drafting a new version of the ordinance. Director Yuen stated he would be willing to work with the Ag Tourism group and provide comment to a proposed redraft of the bill, however, he was not inclined to draft a new version. PC Report No. 98 Communication 426 Bill 148 (2004-2006) Page 2 of 3 Council Member Ford noted that concerns expressed to her were those of noise, traffic and busses on rural roads and cautioned the members to take a hazd look at community concerns in further consideration of this matter. This matter was further postponed to the February 20, 2008 Committee on Planning meeting in West Hawaii to allow the Agricultural Association additional time within which to redraft the proposed ordinance. At the February 20, 2008, Committee on Planning meeting, public testimony was presented by James Weatherford. Director Yuen noted he had not received a proposed redraft of Bill 148. Following discussion, this matter was further postponed to the Committee on Planning meeting on March 24, 2008. At the March 24, 2008 Committee on Planning meeting Planning Director Yuen requested another postponement to the July 1, 2008 planning meeting. A motion to postpone this matter to July 1, 2008 was unanimously approved. At the July 1, 2008 Committee on Planning meeting testimony was presented by Nancy Miller, who stated that although she is the secretary of the Hawaii AgriTourism Association, she was appearing on her own behalf to request that the Council allow the association more time to come up with a redraft of the Agricultural Tourism bill. Ms. Miller explained the groups aze close to an agreement. Planning Director Yuen stated that the department is not making further changes to Bill 148 without first obtaining input from the AgriTourism people. Councilmember Jacobson and Council Chair Hoffmann both urged the groups to come forward and Mr. Hoffmann expressed concern that this matter continues without progress especially considering the several prior postponements. Director Yuen noted that with regard to proposed amendments, as long as the basic thrust of the ordinance remains unchanged the Council still has jurisdiction. However, Mr. Yuen noted that significant amendments would require sending the matter back to the Planning Commission. This matter was postponed to the October 7, 2008 Committee on Planning meeting. At the October 7, 2008 Planning Committee meeting the following members of the public presented testimony: Nancy Ginter-Miller, Tim Rees, Lani Weigert and Jim Reddekopp. Director Yuen explained that this matter has been pending for a while because of differing opinions between the group who felt the bill was too restrictive and the group who felt it was not restrictive enough. Mr. Yuen explained that the proposed bill provides a process other than a Special Use Permit for farmers to conduct an agricultural tourism business and that Bill 148 would bring the County into compliance with Act 250. He said the law allows selling of agricultural products at roadside stands but there were lines that needed to be drawn. PC Report No. 98 Communication 426 Bill 148 (2004-2006) Page 3 of 3 Councilmember Ford expressed concern relating to Plan Approval provisions, automatic approval if no decision is rendered within thirty (30) days, site inspections and the $10,000 verifiable gross sales requirement being too high. Mr. Yuen stated he would have concerns about taking out the gross sales requirement because there has to be a reasonable balance between tourism and agricultural use: "are you conducting agricultural activities with some tourist aspect, or are you conducting a tourist industry with some agricultural aspect?" Both Councilmembers Higa and Naeole expressed the need to move forward, considering the six prior postponements. Mr. Higa expressed his support and that he felt this was a "work in progress" and at.least the groundwork to start, and would not agree to another postponement. Councilmember Yagong stated he'd vote in favor of the bill with reservations as he feels it is important to support agriculture and would like to see what can be done to expedite the process and certainly move ahead in a less cumbersome manner. He did note however, that the cumbersome SMA process at least allows the public and neighboring farmers inclusion in the process and to provide input. Mr. Yagong stated he'll support the measure at this time but would like to obtain more input from his community as this moves forward. With regard to an amendment proposed by the Kona County Farm Bureau and the fact that Director Yuen stated the Department would also like to make amendments, a motion to further postpone this matter in committee until these amendments could be brought forward, failed. ' Director Yuen then noted the amendments would be presented at the next meeting. A motion to amend Bill 148 with Communication No. 426.22 was approved. Your Committee on Planning is in accord with the purpose and intent of Bill No. 148, as amended to Draft 2, and recommends it pass first reading. and AYES NOES A&E IX FORD X RIGA X HOFFMANN X IKEDA X JACOBSON X NAEOI.E X PILAGO X YAGONG X YOSHTMOTO X Respectfully submitted, COMIVIITTEE ON PLANNING K. ANGEL PII, , CHAIIt PC REPORT NO. 98 ADOPTED: OC 2 B