HomeMy WebLinkAboutREP PC 055 07/18/2012 2010-2012 REPORT OF THE
COMMITTEE ON PLANNING
DATE: July 18, 2012 Re: Comm. No. 745/Bill No. 266
PLACE: Council Chambers
Kailua-Kona, Hawai`i
TIME: 11:15 a.m.
Council Chair and Members
Hawai`i County Council
Hilo, Hawai`i 96720
Your Committee on Planning, to which was referred Comm. No. 745/Bill No. 266, reports as
follows:
Bill No. 266, transmitted by Mayor William P. Kenoi, via Communication No. 745, dated
May 25, 2012, is a Planning Director initiated ordinance amending Chapter 25 (Zoning Code) of
the Hawai`i County Code 1983 (2005 Edition, as amended) relating to Agricultural Tourism.
Also enclosed were favorable recommendations from the Windward Planning Commission Chair
Zendo Kern and the Leeward Planning Commission Chair Geraldine Giffin.
Planning Director Bobby Jean Leithead Todd was present at the West Hawai`i Civic Center and
stated that she initiated this bill at the request of the agricultural and agricultural tourism
communities. She explained that the intention was to amend the county code to create and
define major and minor agricultural tourism operations which would allow different conditions
and requirements for each. She stated that several definitions were added to provide more
clarity.
Committee Member Smart moved to amend Bill 266 with the contents of Comm. 745.1, which
would require plan approval and a drainage study prior to any new construction or development
to occur. The amendment passed with a vote of eight ayes and one absent.
Several Committee Members inquired about parking, ADA compliance (Americans with
Disabilities Act), non-agricultural related uses, such as weddings and concerts which require
special use permits, building sizes, approval period and defaulting on approval if deadlines are
not met, visitors allowed per week, traffic impact analysis reports, proof of compliance timeline,
times of restricted noise levels, trespassing on native lands, inclusion of botanical gardens,
school tours, and gravel vs. asphalt roads.
When asked if this bill went to public hearings, Ms. Leithead Todd stated that this bill was
drafted at the request from the agricultural communities to change the code and make it more
workable by creating and defining agricultural tourism operations into minor and major
categories. She added that it went to both planning commissions and was on their agendas more
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PC-55 Page 2 July 18, 2012
than once, and will also have a total of three readings before the Council so there is ample time
for the community and Council to provide input and create amendments, if necessary, to improve
the bill. She further stated that this would help farmers supplement their income during off
season by allowing agricultural tourism operations during the slow periods.
Ms. Leithead Todd stated that the first agricultural tourism bill was drafted by Chris Yuen, a
former Planning Director, and it was the first in the State of Hawai`i adding that the other three
counties are awaiting the outcome of this bill to use it as a model for their agricultural tourism
bills.
Committee Chair Hoffmann commended Ms. Leithead Todd for her effort to be practical and
fair, and recognizing that one size does not fit all and common sense must be used when
evaluating different requirements. He further stated that this was a long-term effort that was
initiated over two years ago. He did not recall discussing major and minor agriculture tourism at
the meetings he attended and inquired about exceeding 30,000 visitors, and was informed that a
special use permit would then be required.
Ms. Leithead Todd related that more emphasis was put on minor ag tourism by limiting visitors
to 350 per day. Committee Chair Hoffmann recalls that being a hot topic during the meetings he
attended and agreed that it is being addressed appropriately
Your Committee on Planning is in accord with the purpose and intent of Bill 266, as amended to
Draft 2, and recommends its passage on first reading.
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AYES NOES A&E EX Respectfully submitted,
BLAS X
FORD x COMMITTEE ON PLANNING
HOFFMANN X
IKEDA X
ONISHI X �.
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PILAGO X -' _, `g"•• tit;
SMART x PETE HOFFMANN, C. AI'
YAGONG X PC REPORT O. 55
YOSHIMOTO X ADOPTED: AU 0 1 ZtTZ