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HomeMy WebLinkAboutCOM 0745.028 2010-2012 ...Minos yam: BRENDA J. FORD ; , ;, .; Phone: (808) 323-4277 Council Member Fax (808)329-4786 District 7 - Central Kona �'4' `��' E-Mail: bford @co.hawaii.hi.us HAWAII COUNTY COUNCIL County of Hawaii West Hawaii Civic Center 74-5044 Ane Keohokalole Hwy. Kailua-Kona,Hawaii 96740 - DATE: November 9, 2012 - w TO Dominic Yagong, Chairperson, ;9 and Members of the Hawaii County Council © - -. FROM: Brenda J. Ford, Council Member SUBJECT: Proposed Amendments to Bill No. 266, Draft 4; Regarding an Ordinance Amending Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition, as amended) Relating to Agricultural Tourism Please find attached proposed amendments to Bill No. 266, Draft 4. The proposed amendments are illustrated below in Ramseyer format with respect to the contents of Bill No. 266, Draft 4 (material to be deleted is bracketed and stricken through; material to be added in underlined; all bolded for emphasis only): 1. Section 2, which amends Chapter 25, article 1, subsection 25-1-5(b) by adding new definitions, is amended by amending the definition for"Agricultural tourism, major" to read as follows: "Agricultural tourism, major"means an agriculture tourism operation which shall have a maximum of seven hundred visitors per week not to exceed thirty thousand visitors annually." 2. Section 25-4-15 of Bill No. 266, Draft 4, is amended by amending subsection(d)to read as follows: • "(d) Agricultural tourism operations shall comply with the following regulations: (1) For major agricultural tourism,the agricultural activity or agricultural products processing facility must have a minimum of$10,000 in verifiable gross sales, exclusive of any income from agricultural tourism activities or Z any other non-agricultural activities, for the year preceding the E Serving the Interests of the People of Our Island Hawai`i County Is An Equal Opportunity Provider And Employer November 9, 2012 Page 2 commencement of the agricultural tourism activity or, in the case of a new agricultural activity or agricultural products processing facility, provide evidence to the director's satisfaction that sufficient investment has been made in the planting of crops, acquisition of livestock, or construction of agricultural products processing facilities, that the agricultural activity or agricultural processing facility will achieve the minimum required gross sales. Major agricultural tourism operations shall have a maximum of seven hundred visitors per week not to exceed thirty thousand visitors annually; (2) Agricultural tourism activities shall not commence prior to 8:00 a.m. or continue past 6:00 p.m. daily; (3) A minor agricultural tourism operation shall have a maximum of three hundred fifty visitors per week for total not to exceed fifteen thousand visitors annually that access the activity via passenger vehicles that carry no more than fifteen people per vehicle; (4) All visitor and employee parking, loading/unloading, and vehicular turn- around areas shall be located off-street; (5) Gross revenues from agricultural tourism shall: (A) Not exceed fifty percent of the gross revenues of the associated agricultural activity and/or agricultural products processing facility, including revenues from adjacent parcels under the same ownership. Exceptions to this requirement may be offered by the Planning Director if: (i) The gross agricultural products/processing income is less than fifty percent of the total income, the applicant must demonstrate to the director's satisfaction that the loss in gross revenues for the associated agricultural activity and/or agricultural products processing facility was due to unforeseen environmental or economic conditions that did not occur for more than two consecutive years; or (ii) Sufficient investment is made in a new agricultural activity or agricultural products processing facility so a reasonable projection November 9, 2012 Page 3 of that operation's gross revenues from agricultural tourism will not exceed fifty percent of gross revenues; and (B) Include the sale of all items derived from the agricultural products grown or processed by the associated agricultural activity or agricultural processing facility. (6) Sales of agricultural products grown on the island of Hawai'i, and processed agricultural products where the main ingredient was grown on the island of Hawai'i shall be allowed as part of the agricultural tourism operation. Incidental sales of non-agricultural promotional items, including but not limited to, coffee mugs,tee shirts, etc., shall be permitted provided: (A) The items are specifically promotional to the site's agricultural activities and/or product; and (B) The gross revenues from the sale of non-agricultural promotional items shall be included with the gross revenues from the agricultural tourism activities; (7) Agricultural tourism in the A, FA, IA, and RA districts shall not include weddings, parties, restaurants, schools, catered events, or overnight accommodations, unless allowed by special permit or use permit; (8) Annual events that promote an agricultural industry or agricultural area, and organized on a not-for-profit basis, are permitted in the A, FA, IA, RA, and APD districts without plan approval; (9) A "farm market/on farm market/roadside stand"used solely to sell agricultural products raised on that parcel of land is exempted from the minimum gross income requirement or the requirement of plan approval for either major or minor agricultural tourism, provided that there is sufficient, safe, off-street parking for vehicles; and (10) Subsection(c)notwithstanding, agricultural tourism shall be prohibited in any area which may only be accessed by four-wheel drive vehicles pursuant to section 24-293." As the proposed amendments are limited to a single definition in Section 2 and paragraph(1) of Section 25-4-15(d) in Section 6, I have omitted a draft copy of Bill No. 266, Draft 5. BJF/dkr