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Home My WebLink AboutREP PC 009 01/08/2013 (2012-2014)OFFICE INFORMATION ONLY Meeting: Action: Council — January 23, 2013 (2012-2014 term); Postponed indefinitely (Or -tit S� (2010.2012 term) August 1, 2012: August 15, 2012: September 4, 2012: September 19.2012: October 17, 2012: November 9, 2012: November 21, 2012: (2012-2014 term) December 18, 2012. January 8, 2013: January 2.3, 2013: Passed P' rdg. (Dr. 3) (PC -55 2010.2012 term adopted) 9 ayes Held over for public hearing. Public hearing held (in Hdo with videoconference to Kona, Palma, and Waimea) Postponed Held over for amendment to Dr. 4 Postponed Referred back to Planning Committee (Dr. 5) Planning Committee postponed PC -9 Forwards to Council wlnegative recommendation. Council postponed indefinitely Re: Bill 266; Comm. 745 (20t0-2102 term); PC -55 (2010-2012 term); PC -9 (2012.2014 term) not adopted; no council vote) REPORT OF THE COMMITTEE ON PLANNING DATE: January 8, 2013 Re: Comm. No. 745.29/Bill No. 266, Draft 5 PLACE: Council Chambers Hilo, Hawaii TIME: 1:01 P.M. Council Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Planning, to which was referred Bill No. 266, Draft 5, reports as follows: Bill No. 266, Draft 5, transmitted by Council Member Pete Hoffmann, via Communication No. 745.29 dated November 12, 2012, amends Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition, as amended) relating to agricultural tourism. Mayor William P. Kenoi first transmitted the above Bill 266 and enclosures, via Communication No. 745, with favorable recommendations from the Windward and Leeward Planning Commissions, on May 25, 2012. The proposed bill specifically amends Sections 25-1-5(b), 25-2-71, 25-2-75, 25-2-76 and 25-4-15 relating to definitions, plan approval requirements, and use regulations, respectively, pertaining to agricultural tourism. The proposed bill adds and clarifies definitions and types of use for "major" and "minor" agricultural tourism activities; and sets forth specific regulations for each. On July 18, 2012, Bill 266, Draft 2 was sent to Council with a favorable recommendation via report PC -55. The previous Council referred Bill No. 266, Draft 5 back to the Council's Planning Committee on November 21, 2012. At the meeting of December 18, 2012, your Committee postponed the measure. Committee Members expressed concerns with approving a bill that was amended multiple times by the previous Council without their input and full understanding of all the changes. Council Member Eoff commented that she spent hours trying to compare the different drafts to figure out where the changes were to gain a better understanding of the bill and its evolution to Draft 5. Council Member Kern introduced the idea of "starting with a clean canvas" commenting that the bill is now proposed to be amended to Draft 6 and that it has been "painted with so many different strokes that the original picture has been lost." Committee Members also expressed concern with the many hours of public testimony and discussed the need to honor all previous public input and testimony. It was suggested that bills forthcoming be amended to include suggestions and recommendations from the public which address negative impacts of agricultural tourism operations on their communities and immediate neighbors. Council Member Ford asked Committee Members to remember two important points when considering their vote on this bill: 1) Will the bill lead to more food crops for consumption on the Big Island; and 2) Is the bill designed for "real" farmers? PC Rept. No.: 9 PC -9 Page 2 January 8, 2013 Planning Director Bobby Jean Leithead Todd expressed her concerns with the bill's attempts to amend items that are not covered under the title of the bill, making it technically flawed. Ms. Todd voiced her concern with mandating plan approvals that include costly drainage studies in situations where no new construction, structural changes, or topographical changes will be made. She also informed Committee Members that the State Legislature is currently re -writing State Law to address over -night accommodations and possibly increasing income levels in the State Ag Tourism Laws, and that they may also be addressing some of the same issues being raised here. Ms. Todd confirmed the fact that a new bill would have to go to both planning commissions and that the earliest it could be returned to Council would be in April or May 2013. She also confirmed that amendments can be made to any new bill prior to being referred to the planning commissions. For informational purposes, the pending motion to amend Bill 266, Draft 5, with the contents of Communication 745.32 failed. Your Committee on Planning is not in accord with the purpose and intent of Bill 266, Draft 5, and forwards it to Council with a negative recommendation. bl Respectfully submitted, COMMITTEE ON PLANNING ZENDO KERN, CH IR PC REPORT NO. 9 ADOPTED: AYES NOES A&E EX EOFF X FORD X ILAGAN X KANUHA X KERN X ONISHI X POINDEXTER X WILLE X YOSHIMOTO X Respectfully submitted, COMMITTEE ON PLANNING ZENDO KERN, CH IR PC REPORT NO. 9 ADOPTED: