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Home My WebLink AboutCOM 0073.007 2012-2014 Zendo Kern S.;:OF Phone: (808) 965-2712 oot•• -•••1!y.•. Fax: (808) 965-2707 Council Member a••�� " V6el Emall: zkern@co.hawaii.hi.us Council District 5 Mailing Address: '•,a�—`-��:{ Planning Committee Chair ••. 4'j.•.; M�M?• '\ Hawai`i County Building ' �rE�oVN►.a! Environmental Management 25 Aupuni Street g Hilo. Hawaii 96720 Committee Chair Hawai`i County Council County of Hawai`i t n c w -< C) DATE: September 3, 2013 cy _s� — TO: J Yoshimoto, Chairperson, — and Members of the Hawai`i County Council FROM: 1*C",a Zendo Kern, Council Member SUBJECT: , Proposed Amendments to Bill No. 25, Draft 2; Relating to Agricultural Tourism Please find below amendments to Bill No. 25, Draft 2. The amendments are illustrated in Ramseyer format with respect to the contents of Bill No. 25, Draft 2 (material to be deleted is bracketed and stricken through; material to be added is underscored). The proposed amendments read as follows: 1. Amends the definition for"agricultural tourism" as provided in SECTION 1 to read: ""Agricultural tourism" means the practice of visiting an agribusiness, horticultural, aquacultural or agricultural operation, including but not limited to, a farm, orchard, winery, greenhouse, hunting preserve, an agricultural products processing facility, a companion animal or livestock show, for the purpose of recreation, education, or active involvement in the operation, other than as a contractor or employee of the operation. Educational tours conducted for students of public or private schools shall not be considered agricultural tourism." 2. Amends the definition for "agriculturally related products" as provided in SECTION 2 to read: ""Agriculturally related products" means items sold at a farm market to attract customers and promote the sale of agricultural products. Such items include, but are not limited to, all agricultural and horticultural products, animal feed, baked goods, ice cream and ice cream based desserts and beverages,jams, gift items, food [stuffs,] items, clothing, coffee mugs, tee shirts, and other items promoting the farm and agriculture in Hawai`i and value-added agricultural products and production on site." Comm.P$ 4'To: -c ,�.ara.l Serving the Interests of the People of Our Island Ref. _ Hawaii County is an Equal Opportunity Provider and Employer Ref. Date_ EP 0 5 2013 3. Amends Section 25-4-15 as provided in SECTION 6 by amending subsection (d) to read: "(d) Agricultural tourism operations shall comply with the following regulations: (1) Major agricultural tourism operations must have a minimum of$10,000 in verifiable gross sales, exclusive of any income from agricultural tourism activities or any other non-agricultural activities, for the year preceding the 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; (2) Agricultural tourism activities shall not commence prior to 8:00 a.m. or continue past [twenty minutes after sunset as forecasted for each day by the National Weather Vie,] 7:30 p.m. for the months of April, May, June, July, August, and September or 6:30 p.m. for the months of October, November, December, January, February, and March, and shall comply with chapter 14, article 3 of this Code and chapter 342F of the Hawai`i Revised Statutes, relating to noise; (3) A minor agricultural tourism operation shall have a maximum of five thousand visitors annually, but not to exceed one hundred visitors per week,that access the activity via passenger vehicles that carry no more than fifteen people per vehicle. Major agricultural tourism operations shall have a maximum of thirty thousand visitors annually; (4) Any person who desires to conduct minor agricultural tourism shall register with the department, which registration shall include the following: (A) Location of the agricultural tourism operation, to include both the physical address and tax map key(s); (B) Description of the agricultural activity practiced at the provided location; (C) Description of the type of agricultural tourism that will be conducted, including anticipated visitor counts, vehicles that may be utilized, and items that may be offered for sale; (D) Contact information, to include telephone (day and night), mailing address, and email (if applicable); and (E) A form signed by the person or persons that will operate the minor agricultural tourism operation acknowledging that he or she has received and read all rules and regulations pertaining to the lawful operation of minor agricultural tourism. The director may request additional information pertinent to the registration of agricultural tourism operations; providing the requested information is relevant to the provisions of this chapter; and further providing that the information sought is not protected intellectual property or would divulge the particular customary agricultural or business practices of the person registering his or her agricultural tourism operation. Each location shall require separate registration, with a filing fee of$25 per location. [(4)](5) All visitor and employee parking, loading/unloading, and vehicular turn-around areas shall be located on-site; [(5)](6) For major agricultural tourism operations, buses transporting fifteen or more passengers shall be allowed, provided access to the major agricultural tourism site is available from a State or County road, or upon approval of the planning director; [(6)](7) 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)](8) 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; and [(83](9) 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." A draft copy of Bill No. 25, Draft 3, is attached with these amendments incorporated. ZK/dkj Att. AN ORDINANCE AMENDING CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO AGRICULTURAL TOURISM. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Chapter 25, article 1, section 25-1-5, subsection (b) of the Hawai`i County Code 1983 (2005 Edition, as amended), is amended by amending the definition of"Agricultural tourism" to read as follows: •'Agricultural tourism" means [ • • . - . - • •• •• • • - ••• • designed to promote agricultural activities conducted on a working farrfr, ra;c'o agricultural products processing facility.] the practice of visiting an agribusiness, horticultural, aquacultural or agricultural operation, including but not limited to, a farm, orchard, winery, greenhouse, hunting preserve, an agricultural products processing facility, a companion animal or livestock show, for the purpose of recreation, education, or active involvement in the operation, other than as a contractor or employee of the operation. Educational tours conducted for students of public or private schools shall not be considered agricultural tourism." SECTION 2. Chapter 25, article 1, section 25-1-5, subsection (b) of the Hawai`i County Code 1983 (2005 Edition, as amended), is amended by adding the following definitions to be appropriately inserted and to read as follows: "Value-added agricultural product," means the enhancement or improvement of the overall value of an agricultural commodity or of an animal or plant product to a higher value. The enhancement or improvement includes, but is not limited to, marketing, agricultural processing, transforming, packaging, education presentation, activities, and tours. "Agricultural products," includes, but is not limited to, crops, fruit,juice, vegetables, floriculture, herbs, honey, forestry, husbandry, livestock and livestock products (cattle, sheep, hogs, horses,poultry, milk, eggs, etc.), aquaculture products (fish, fish products, algae/limu, water plants, and shellfish), and horticultural specialties (nursery stock, ornamental shrubs, flowers, and Christmas trees). "Agriculturally related products" means items sold at a farm market to attract customers and promote the sale of agricultural products. Such items include, but are not limited to, all agricultural and horticultural products, animal feed, baked goods, ice cream and ice cream based desserts and beverages,_jams, gift items, food items, clothing, coffee mugs, tee shirts, and other items promoting the farm and agriculture in Hawai`i and value-added agricultural products and production on site. "Non-agriculturally related products"means those items not connected to farming or the farm operation, such as novelty tee shirts or other clothing, crafts and knick-knacks imported from other states or countries, etc. "Agricultural operation" means any operation producing agricultural products. "Agriculturally related uses" means those activities thatpredominantly use agricultural products, buildings or equipment, such as rodeos, horse or pony rides, plant mazes, barn dances, sleigh/hay rides, and educational events, such as farming cooking and food preserving classes, etc. "Non-agriculturally related uses" means activities that are part of an agricultural tourism operation's total offerings, but not tied to farming or the farm's buildings, equipment, fields, etc. Such non-agriculturally related uses include amusement rides, concerts, etc., and are subject to either special use permits or use permits. "Farm market/on farm market/roadside stand" means the sale of agricultural products or value- added agricultural products, directly to the consumer from a site on a working farm or any agricultural, horticultural, or agribusiness operation on agricultural land. "Agricultural tourism, major" means an agriculture tourism operation which shall have a maximum of thirty thousand visitors annually. "Agricultural tourism, minor" means an agricultural tourism operation which shall have a maximum of five thousand visitors annually, but not to exceed one hundred visitors per week, that access the activity via passenger vehicles that carry no more than fifteen people per vehicle." SECTION 3. Chapter 25, article 2, division 7, section 25-2-71 of the Hawai`i County Code 1983 (2005 Edition, as amended), is amended to read as follows: "Section 25-2-71. Applicability; plan approval required. (a) Plan approval shall be required prior to the construction or installation of any new structure or development or any addition to an existing structure or development in all districts except in the RS, RA, FA, A and IA districts, and except for the construction of one single- family dwelling and any accessory buildings per lot. (b) Plan approval shall be required in all districts prior to the change of the following uses in existing buildings: (1) Residential to commercial use; (2) Warehouse and manufacturing to retail use. (c) Plan approval shall be required in all applicable districts prior to the construction or establishment of the following improvements and uses: (1) Public uses, structures and buildings and community buildings, as permitted under section 25-4-11. (2) Telecommunication antennas and towers, as permitted under section 25-4-12. (3) Temporary real estate offices and model homes, as permitted under section 25-4-8. (4) Utility substations, as authorized under section 25-4-11. (d) Plan approval shall be required in the RA and FA district prior to the construction or installation of any new structure or development, or of any addition to an existing structure or development which is to be used for minor agricultural products processing. (e) Plan approval shall be required in the A district prior to the development of any trailer park or major agricultural products processing facility. The director shall determine whether an agricultural products processing facility shall be considered major or minor at the time of building permit review, or earlier at the applicant's request. (f) Plan approval may be required as a condition of approval of any use permit, variance, or other action relating to a specific use, in which case the use or development so conditioned may not be established until plan approval has been secured. (g) Plan approval shall be required [for the establishment of any] prior to the construction or installation of any new structure or development, or of any addition to an existing structure or development which is to be used for major agricultural tourism activity, as permitted under section 25-4-15(b)." SECTION 4. Chapter 25, article 2, division 7, section 25-2-75 of the Hawai`i County Code 1983 (2005 Edition, as amended), is amended to read as follows: "Section 25-2-75. Plan approval application requirements for major agricultural tourism. In addition to the application requirements for plan approval contained in section 25-2-72, an application for plan approval for major agricultural tourism operations shall include sufficient information to ensure the following provisions are met: (1) A statement whether the operation will allow visits by buses; (2) Adequate off street parking, loading/unloading, and turn-around space to accommodate all specified tour transportation modes, including buses, if they are allowed, shall be provided and shown on the site plan; (3) The subject property must have an existing legal access to a public highway, which may be via a private road or easement, and new driveways shall meet applicable county or state standards; (4) New and existing facilities to be utilized principally for the agricultural tourism activity shall be clearly indicated on the plot plan [and shall not exceed one thousand square feet in total area, not including parking and vehicular accesses]; and (5) Proof, acceptable to the director, of income from agricultural activities and/or agricultural products processing, or investment, as required under section 25-4-15(d)(1)." SECTION 5. Chapter 25, article 2, division 7, section 25-2-76 of the Hawai`i County Code 1983 (2005 Edition, as amended), is amended to read as follows: "Section 25-2-76. Action on plan approval application. (a) The director may issue plan approval subject to conditions or changes in the proposal which, in the director's opinion, are necessary to carry out and further the purposes of this chapter and the considerations contained in section 25-2-77. (b) The director may only issue plan approval for a telecommunication antenna or tower if the proposed use meets all of the conditions contained in sections 25-2-77 and 25-4-12, and if the applicant provides all verification required under section 25-2-74. (c) The director may only issue plan approval for a temporary model home or real estate office if the proposed use meets all of the conditions in section 25-2-77 and 25-4-8. (d) The director shall render a decision to either approve or deny a plan approval application[; other than for an agricultural tourism facility,] within thirty days after acceptance of the application. If the director fails to render a decision within the thirty-day period, the application shall be considered approved without further certification by the director. [For an agricultural tourism facility, the department shall conduct a site inspection prior to plan approval application within sixty days after acceptance of the application. If the considered approved without further certification by the director.]" SECTION 6. Chapter 25, article 4, division 1, section 25-4-15 of the Hawai`i County Code 1983 (2005 Edition, as amended), is amended to read as follows: "Section 25-4-15. Agricultural tourism. (a) Agricultural tourism is permitted as an accessory use to agricultural processing facilities in the CG, CDH, CV, CN, ML, MG, and MCX districts. (b) Agricultural tourism is permitted as an accessory use to agricultural activities and agricultural processing facilities in the A, FA, IA, RA, and APD districts, subject to plan approval for major agricultural tourism and in conformance with section 25-4-15(d). (c) Agricultural tourism activities in A, FA, IA, RA, and APD districts that do not conform to section 25-4-15(d) shall obtain a special permit in the state land use agricultural or rural districts, or a use permit in the state land use urban district. (d) Agricultural tourism operations shall comply with the following regulations: (1) [The agricultural activity or agricultural products processing facility] Major agricultural tourism operations must have a minimum of$10,000 in verifiable gross sales, exclusive of any income from agricultural tourism activities or any other non- agricultural activities, for the year preceding the 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; (2) Agricultural tourism activities shall not commence prior to 8:00 a.m. or continue past [6:00 p.m. daily;] 7:30 p.m. for the months of April, May, June, July,August, and September or 6:30 p.m. for the months of October,November, December, January, February, and March, and shall comply with chapter 14, article 3 of this Code and chapter 342F of the Hawai`i Revised Statutes, relating to noise; (3) [The] A minor agricultural tourism operation shall have a maximum of[may thousand visitors annually;] five thousand visitors annually, but not to exceed one hundred visitors per week, that access the activity via passenger vehicles that carry no more than fifteen people per vehicle. Major agricultural tourism operations shall have a maximum of thirty thousand visitors annually; (4) Any person who desires to conduct minor agricultural tourism shall register with the department, which registration shall include the following: (A) Location of the agricultural tourism operation, to include both the physical address and tax map key(s); (B) Description of the agricultural activity practiced at the provided location; (C) Description of the type of agricultural tourism that will be conducted, including anticipated visitor counts, vehicles that may be utilized, and items that may be offered for sale; (D) Contact information, to include telephone (day and night), mailing address, and email (if applicable); and (E) A form signed by the person or persons that will operate the minor agricultural tourism operation acknowledging that he or she has received and read all rules and regulations pertaining to the lawful operation of minor agricultural tourism. The director may request additional information pertinent to the registration of agricultural tourism operations; providing the requested information is relevant to the provisions of this chapter; and further providing that the information sought is not protected intellectual property or would divulge the particular customary agricultural or business practices of the person registering his or her agricultural tourism operation. Each location shall require separate registration, with a filing fee of$25 per location. [('1)](5) All visitor and employee parking, loading/unloading, and vehicular turn-around areas shall be located [off street;] on-site; [ - . . . .. - , - ._ : : , . . .. - , . : principally for the agricultural tourism activity, but not including parking and - . . . - . , . . - . . - .. . _ : .. - -- ;] associated agricultural activity and/or agricultural products processing facility, unforeseen environmental or economic conditions for not more than two consecutive y rs, or, in the case of a new agricultural activity or agrf . • . . .• ' _ - . - . • . • -- - revenues, and provided further, that the sale of all items which include agricultural processing facility shall be included in the gross revenues of the associated agricultural activity or agricultural processing facility;] [(5)](6) For major agricultural tourism operations, buses transporting fifteen or more passengers shall be allowed, provided access to the major agricultural tourism site is available from a State or County road, or upon approval of the planning director; (7) 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; (8) 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; and (9) 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. (e) Any agricultural tourism activity that is not in compliance with the regulations under section 25-4-15(d) or appropriately permitted as provided by section 25-4-15(c) shall be considered illegal under this chapter, unless otherwise noted herein. (f) Any major agricultural tourism activity in the A, IA, FA, RA, or APD districts, existing prior to the effective date of this section and conforming to the standards contained in section 25-4-15(d) and that has not received plan approval, may continue [such use until May 20, 2010. After this date, continued use without having received plan approval shall be considered illegal under this chapter.] subject to providing proof of compliance with this chapter. (g) Any agricultural tourism activity in the A, IA, FA, RA, or APD districts, that does not conform to the standards in section 25-4-15(d), and which has not previously received a special permit or use permit for such activity, may continue such use until May 20, 2010, and, if an application for a special permit or a use permit has been received and accepted by May 20, 2010, may continue such use until final action has been taken on the application. After May 20, 2010, or denial of the application, whichever occurs later, continued use shall be considered illegal under this chapter. (h) Any agricultural tourism activity that is currently operated under a special permit may continue to operate under the terms and conditions of the special permit, or apply to void the special permit and, if the permit is voided, operate under the standards of section 25-4- 15(d). (i) An agricultural tourism activity that [obtains plan approval, but] becomes non-compliant with the standards of section 25-4-15(d) because of an increase in the number of visitors, shall apply for plan approval or a special permit, but may continue to operate until a final decision is made on the plan approval or special permit application. (j) An agricultural tourism activity [which has received plan approval] shall submit financial records to the director on request to verify compliance and shall maintain a count of visitors which shall be furnished to the director on request. (k) The director may use observations of visitor arrivals, including bus traffic, in estimating whether an agricultural tourism activity complies with section 25-4-15(d)(3), and may require that an activity [allowed-with] be required to obtain plan approval or apply for a special permit based on such observations. In that case, the activity may continue until a final decision is made on the plan approval or special permit." SECTION 7. Material to be repealed is bracketed and stricken. New material is underscored. In printing this ordinance, the brackets, bracketed material, and underscoring need not be included. SECTION 8. If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid, such invalidity shall not affect other provisions or applications of the ordinance, which can be given effect without the invalid provision or application, and to this end, the provisions of this ordinance are declared to be severable. SECTION 9. This ordinance shall take effect upon its approval.