The URL can be used to link to this page

Home My WebLink AboutCOM 0554.008 2014-2016 JMtr.os........... ••. VALERIE T. POINDEXTER • '.• Phone: (808)961-8828 • Council Vice Chair ;�; /� Fax: (808)961-8912 Council District 1 -_%.+s•r_ Email: vpoindexter@co.hawaii.hi.us :�rew)... HAWAII COUNTY COUNCIL rJ County of Hawai`i �,• Hawaii County Building 25 Aupuni Street, Suite 1402 Hilo, Hawai`i 96720 DATE: January 27, 2016 TO: Dru Mamo Kanuha, Chairperson, and Members of the Hawai`i County Council FROM: Valerie T. Poindexter, Council Vice Chair RE: Proposed Amendment to Bill No. 116; An Ordinance Amending Chapter 25, Article 1, Article 2, and Article 4 of the Hawai`i County Code 1983 (2005 Edition, as amended), Relating to Agricultural Tourism. Please see below proposed amendments to Bill No. 116. The proposed amendments are illustrated below in Ramseyer format with respect to the contents of Bill No. 116 (material to be deleted is bracketed and stricken, material to be added is underscored). Bill No. 116 is amended by adding a new paragraph to subsection (d) of section 25-4-15 that is contained in SECTION 5 of the bill. As amended, subsection (d) of section 25-4-15 would read as follows: "(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. Minor agricultural tourism operations shall submit evidence of filing an IRS 1040 form Schedule F (Profit and Loss from Farming) or such other IRS form showing profit and loss from farming; Comm. No. 7 -'0 Ref. To: P/ Pc-- Ref. LRef. Dote FEB 0 2 20j�„. Hawai`i County is an Equal Opportunity Provider and Employer (2) 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, unless otherwise approved by the commission to ensure that the allowance for an increase in visitor count will not have an adverse environmental impact and that the proposed operation will be compatible with the use of land in the surrounding neighborhood; (3) Agricultural tourism activities shall not commence prior to 8:00 a.m. or continue past 6:00 p.m. daily, unless otherwise approved by the commission upon a finding there would be no adverse impact on the surrounding area; (4) In the case of major agricultural tourism operations, unless otherwise approved by the Planning Commission, the subject property must have an existing legal access to a public highway, which may be via a private road or easement provided the private road or easement is used exclusively by the agricultural operation, and any new driveways shall meet applicable County or State standards; (5) Agricultural tourism operations shall comply with chapter 14, article 3 of this Code and chapter 342F of the Hawai`i Revised Statutes, relating to noise; (6) All visitor and employee parking, loading/unloading, and vehicular turn-around areas shall be located on-site, unless otherwise approved by the commission to ensure there would be no adverse impact on the surrounding neighborhood; (7) Maintain liability insurance; (8) Gross revenues from agricultural tourism shall not exceed the gross revenues of the associated agricultural activity and/or agricultural products processing facility except where due to unforeseen environmental or economic conditions, or, for up to five years in the case of a new agricultural activity or agricultural products processing facility; (9) For major agricultural tourism operations, buses transporting fifteen or more passengers shall be allowed, provided access to the major agricultural operation is available from a State or County road. For minor agricultural tourism operations, buses transporting up to fifteen passengers shall be allowed; (10) 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; Hawai`i County is an Equal Opportunity Provider and Employer (11) 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] (12) 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[.] and; (13) Agricultural tourism operations, major or minor, shall not be permitted in Waipi`o Valley." Due to the limited scope of this amendment, no draft is attached. Thank you. VP/sc Hawai`i County is an Equal Opportunity Provider and Employer