Loading...
HomeMy WebLinkAboutCOM 0073.010 2012-2014 o+t�•Of Phone: (808) 323-4277 BRENDA J. FORD Council Member Fax: (808) 329- 4786 District 7 - Central Kona E-Mail: bford @co.hawaii.hi.us HAWAII COUNTY COUNCIL County of Hawaii West Hawaii Civic Center 74-5044 Ane Keohokalole Hwy. P-3 CM Kailua-Kona, Hawaii 96740 a C-) s - —c:) DATE: September 5, 2013 co TO: J Yoshimoto, Chairperson, w :_ And Members of the Hawaii County Council o .� JAW FROM: renda J. Ford, Council Member SUBJECT: Proposed Amendments to Bill No. 25, Draft 2, 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. 25, Draft 2. The proposed amendments are illustrated below 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 in underlined; all bolded for emphasis only): 1. Section 25-2-75, of Bill No. 25, Draft 2, 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; 9", Comm. Ref.To: ' Serving the Interests of the People of Our Island ate ] Ref.D 8 O14 Hawai`i County Is An Equal Opportunity Provider And Employer July 18, 2014 Page 2 (4) New and existing facilities to be utilized principally for the agricultural tourism activity including tents and canopies shall be clearly indicated on the plot plan [and shall not exceed one thousand sEltiare feet in total area, not including par-king and vehiettla 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)." 2. Section 25-4-15 of Bill No. 25, Draft 2, 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) [ ] 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 . Major agricultural tourism operations may old one event per calendar year that may be attended by up to, but no more than, seven hundred visitors on a single day* (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 y the July 18, 2014 Page 3 National Weather Service, and shall comply with chapter 14, article 3 of this Code and chapter 342F of the Hawaii Revised Statutes, relating to noise; (3) [the] A minor agricultural tourism operation shall have a maximum of[may thousand visit ann*a y;] 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. Minor agricultural operations may old one event per calendar year that may be attended by up to, but no more than, seven hundred visitors on a single day; (4) All visitor and employee parking, designated loading/unloading, designated American with Disability Act parking, and vehicular turn-around areas shall be located [off-nJtTIreett;] on-site with the exception of farm market/on farm market/roadside stands; [ > gazebos, whether- newly eanstfueted or within existing stfuetur-es, to be utilized pfineipally f)r the agrietiltufal tour-ism activity, but not including ing gaffing an l vehicular aeeesrs areas, shall not exeeed one thottsand thousand square feet;] [(6) Gross fevenues f+om agfieultural totifisffi shall no! exeeed the gross revenues of t ifieltiding revenues f+om adjaeent pafeels ttfidef the same owner-ship, except whef ean be demonstrated to the difeetor-'s satisfaetion that the gross agfietfitufal pfe,1, etch less the fifty .-,t of the teta ° due to ° 'i�vvriic cru��.v the case of„ new agfieulittfal aetiyity of agfietiltufal oducts Processi yeafs, of, in f4eility, that stiffieient investment has been Fnade so that it is feasonable to pfojee 0 of gross reventies, and pr-ovided further-, that the sale of all items whieh inelude agficultur III--fig facility shall be ineluded in the gross r-evenues of the asseei agrietiltufal .,e fiy;t. or agrietiltufal p g fae l;ty;] July 18, 2014 Page 4 (5) 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)](6) Sales of agricultural products grown on the island of Hawaii, 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}](7) Agricultural tourism in the A, FA, IA, and RA districts shall not include weddings, parties, restaurants, schools, catered events, musical events, dances, mechanical amusement rides, dirt bikes, all terrain vehicles, and other off-road motorized vehicles, or overnight accommodations, unless allowed by special permit or use permit; and [(9)](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) There shall be adequate road and site access for fire, ambulance, and police; (10) Music or tour guide amplifiers provided during agricultural tourism activities or events shall not exceed 60 dB at its place of origin or other locations with amplifiers. After the effective date of this ordinance and on properties that operate without plan approval, such noise shall cease immediately while plan approval compliance is in process; (11_) For agricultural tourism that uses privately owned and maintained roads, the owner of the land on which agricultural tourism occurs must pay the road association of that private road, if any, an additional road assessment fee equal to one percent of its gross sales for road maintenance and provide plans including July 18, 2014 Page 5 the ability to repair the wear and tear on private roads caused by the agricultural tourism operation; (12) At no time shall a vehicle involved with agricultural tourism block any public or private road; (13) Owners of property used for agricultural tourism shall prevent their visitors from trespassing onto their neighbors property and provide clear designation of areas that are off-limits to visitors; (14) The applicant is responsible for obtaining any required permits and constructing appropriate sewage disposal mechanisms that satisfy the State department of health requirements within six months of plan approval. The applicant is responsible to provide the written documentation of compliance with this requirement to the planning director. Failure to satisfy this requirement shall cause the planning director to withdraw plan approval or any permits associated with agricultural tourism on the applicant's property. No agricultural tourism activity or event shall be allowed before all State department of health requirements are met; (15) Owners of property to be used for agricultural tourism shall notify their neighbors within four properties of their parcel in writing that they intend to do agricultural tourism within one week of submitting their application for plan approval for both major and minor agricultural tourism; (16) Appropriate signage that complies with chapter 3 of this Code shall be placed by the owner of the parcel to be used for agricultural tourism to indicate legal access to the property and to reduce the incidence of visitors erroneously driving onto another person's parcel of land; (17) Agricultural tourism shall not occur on any individual parcel of land for more than five days per week; (18) Dust control plans shall be provided and once accepted in the plan approval are required to be maintained; (19) Animals used in agricultural tourism shall be kept in a safe and humane manner with adequate confinement to protect visitors and neighbors; July 18, 2014 Page 6 (20) Design of facilities shall be compatible with the character of the neighborhood; and Fees and fines for alzricultural tourism shall be placed in a separate revenue account, and expenditures for inspectors shall be a separate line item in the planning department's operations budget." 3. Section 25-4-15 of Bill No. 25, Draft 2, is amended by adding a new subsection (1) to read as follows: "(1) The director may request a Schedule F, General Excise Tax declaration to determine compliance with this Code." In an effort to conserve resources, and because time is of the essence, no draft copy of Bill No. 25, Draft 2, is attached BJF/la att.