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HomeMy WebLinkAboutCOM 0979.004 2014-2016 Margaret Wille o:;,,w, Phone No.Hilo: (808)961-8027 Council Member cR w k., Phone No. Waimea: (808)887-2043 District 9-North and South Kohala '„���I�°' Fax No.: (808)887-2072 •:A-•e,V 1. E-Mail: mwille@co.hawaii.hi.us . .••:• HAWAII COUNTY COUNCIL County of Hawai'I Hawai`i County Building Holomua Center West Hawai`i Civic Center Bldg.A 25 Aupuni Street 64-1067 Mamalahoa Highway,Suite C-5 74-5044 Ane Keohokalole Hwy. Hilo, Hawaii 96720 Waimea, Hawaii 96743 Kailua-Kona, Hawai'i,96740 lif Oks a TO: Dru Mamo Kanuha, Council Chair , 40 And Members of the Hawai`i County Council ...4 FROM: Margaret Wille, Council Memb i C n DATE: September 20, 201649 a SUBJECT: Bill No. 227—Ag Tourism Please find attached additional information for use during the Bill 227 discussion on September 20, 2016. Thank you. MW/dh att Comm. No. q/CI' 11 Ref. To: Pt PL Ref. Date SEP 2 0 Z016 Serving the Interests of the People of Our Island Hawai`i County Is An Equal Opportunity Provider And Employer COUNTY OF HAWAII :• E6�" %:•: STATE OF HAWAII BILL NO. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 25, ARTICLE 1, ARTICLE 2, AND ARTICLE 4 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 [ ' ' . - . . • - . . ' - : . owents designed to promote agricultural activities conducted on a working farm, ranch, or agricultural products processing facility.] visiting an agribusiness, horticultural, aquacultural, or agricultural operation that is managed by the owner or by an operator residing at the subject property for the purpose of recreation, education, or active involvement in the operation, other than as a contractor or employee of the operation, and includes the sale of agricultural products and agriculturally-related products. The term "agricultural tourism" does not include educational tours sponsored and conducted by public or private schools located within the County_." 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: "Agricultural products" means the commodities resulting from income producing activities or uses such as the cultivation of crops, including but not limited to flowers, vegetables, foliage, fruits, forage, and timber; apiary activities, including but not limited to royal jelly, bee pollen, and beeswax; farming or ranching activities or uses related to animal husbandry, aquaculture, or game and fish propagation; and production of compost or mulch. "Agriculturally-related products" means items sold to attract customers and promote the sale of agricultural products related to the farm and to agriculture in Hawai`i generally. "Agricultural tourism, major" means an agricultural tourism operation that qualifies to host "Agricultural tourism. minor" means an agricultural tourism operation that qualifies to host 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 by amending subsection(g)to read as follows: "(g) Plan approval shall be required [for the establishment of any agricultural tourism activity as permitted under section 25 '1 15(b).] for any agricultural tourism operation as permitted under section 25-4-15(a)(2) prior to the construction or installation of any new structure other than a farmstand, and for any addition to an existing structure that exceeds ten percent of the existing structure." 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 agricultural tourism. cpj In addition to the application requirements for plan approval contained in section 25-2-72, an application for plan approval for 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[;], and if so, the statement shall include the carrying capacity of any bus that may visit the agricultural tourism operation; (2) Adequate on-street or 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; 2 (3) [ which may be via a private road or easement, and new driveways shall meet applicable county or state standards;] A statement demonstrating that the subject property has adequate legal access to a public highway; (4) [blew] Vehicular and pedestrian access ways 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 '1 15(d)(1).] A statement of compliance that the applicant is engaged in agricultural activity consistent with the provisions of section 25-4-15(d). (b) Applicants •- _ . . - . may request from the director a waiver from the requirement for a site drainage plan as provided in section 25-2-72, upon providing evidence to the director's satisfaction that there would be no significant run-off resulting from the proposed development." SECTION 5. 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 and in conformance with section 25 4 15(d).] provided the agricultural tourism operation conforms 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] State land 3 use agricultural or rural districts, or a use permit in the [state] State land use urban district. (d) Agricultural tourism operations shall comply with the following regulations: (1) Agricultural related operation: The agricultural activity or agricultural products non agricultural activities, for the year preceding the commencement of the • •.. • •. • • • • • • • • •. •� •.. • 1, acquisition of livestock, or construction of agricultural products processing facilities, that the agricultural activity or agricultural processing facility [will] is intended to achieve the minimum required gross sales[;] within the foreseeable future; (1) Requirement that the agricultural producer owns and operates the tourism operation. The agricultural tourism operation is operated by an operator who is the owner and producer; and that owner - producer certifies on a form provided by the Director of Planning that (a) if the operation is a roadside stand, that is not an enclosed structure, and is owned and operated by a producer for the display and sale of agricultural products grown in Hawaii and value-added products that were produced using agricultural products grown in Hawaii; (b) if the operation involves retail activities in an enclosed structure, the operation is for the display and sale of agricultural products grown in Hawaii, value-added products that were produced using agricultural products grown in Hawaii, logo items related to the producer's agricultural operations, and other food items; and, 4 (c) if the operation includes a retail food establishment, that the operation is permitted under title 11, chapter 12 of the rules of the Department of Health that prepares and serves food at retail using products grown in Hawaii and value- added products that were produced using agricultural products grown in Hawaii. (2) Hours and days of operation: Agricultural tourism activities shall not commence prior to 8:00 a.m. or continue past 6:00 p.m. daily[;] and are permitted on up to 5 days per week, unless otherwise approved by the director upon a finding there will be no significant adverse impact on the surrounding neighborhood; (3) The agricultural tourism operation shall have a maximum of thirty thousand visitors annually;] (3)(4) Noise: 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, and no sound reproducing device shall be audible beyond the boundary of the subject property; (4)(5) Vehicular accommodation: (A) There shall be adequate road and site access for fire, ambulance, police, and any other vehicles related to emergency response; (B) All visitor and employee parking, loading/unloading, and vehicular turn- around areas shall be located [off-street;] on-site, unless otherwise approved by the director to ensure there will be no significant adverse impact on the surrounding neighborhood; O(6) Liability insurance: All agricultural tourism operations shall maintain liability insurance in an amount customarily available for the type of agricultural operation involved; (-}(7) Agricultural tourism gross revenue limitation and exceptions: Gross revenues 5 from agricultural tourism shall not exceed the gross revenues of the associated agricultural activity and/or agricultural products processing facility [, including revenues from adjacent parcels under the same ownership, except where it can be demonstrated to the director's satisfaction that the gross agricultural products/processing income is less than fifty percent of the total income due to unforeseen environmental or economic conditions for not more than two consecutive years, or, in the case of a new agricultural activity or agricultural products processing facility, that sufficient investment has been made so that it is reasonable to project that the operation's gross revenues from agricultural tourism will not exceed fifty percent of gross revenues, and provided further, that the sale of all items which include agricultural products grown or processed by the associated agricultural activity or agricultural processing facility shall be included in the gross revenues of the associated agricultural activity or agricultural processing facility;] ; provided, however, this provision may be waived if the operator can provide evidence to the director's satisfaction that: (1) the revenue from the associated agricultural activity and/or agricultural processing facility was adversely impacted due to unforeseen environmental or economic conditions; or(2) the agricultural activity or agricultural products processing facility is in a developmental stage and is therefore unable to generate revenue in excess of the revenue generated by the agricultural tourism operation, in which case this exception may be granted for up to three consecutive years. An additional exception may be approved by the director for up to nine years in exceptional cases, such as due to extreme agricultural hardship or for production of trees with an exceptionally long period prior to maturation of the produce; (7)(8) Sale of agricultural items not related to the agricultural activity where the agricultural tourism operation is established: 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[.] provided, the revenue from off-site produce and agricultural products does not exceed the revenue from the sale of on-site 6 produce and agricultural products. Juice and water products may be sold in unlimited quantities; ($)(9) Incidental sales of non-agricultural promotional items: Incidental sales of non- agricultural promotional items, including but not limited to, coffee mugs, tee shirts, etc., shall be permitted,provided[:] [(A) The items are specifically promotional to the site's agricultural activities and/or product; and (B) The gross revenues from the sale of non-agricultural promotional items shall be included with the gross revenues from the agricultural tourism activities;] ]-($-)](10) Limitation on certain events: 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)] (11) Annual agricultural events permitted: 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[] (1 0)(1 2) Prohibited locations: Agricultural tourism shall not be permitted in Waipi`o Valley or in other locations where the property is not accessible other than by four-wheel drive; and (11)(13) Termination requirement: Agricultural tourism operations shall immediately terminate upon cessation of the farming operation. (e) Access Requirements • . • ..ISsaa...J.n_.a.., jS, to.........OE.u•....i.�.4:LW i..nM RinMN..i.....�w ii 6-ilf. the following additional regulations: (1) Unless otherwise approved by the commission, the subject property shall 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; and 7 (2) Buses transporting fifteen or more passengers shall be allowed, provided access to the major agricultural operation is available from a State or County highway. [(e)] fl Any agricultural tourism [activity] operation that is not in compliance with [the regulations under] section 25-4-15(d) or appropriately permitted [as provided by] pursuant to section 25-4-15(c) shall be considered illegal under this chapter, unless otherwise noted herein. [(f)] (g) Any agricultural tourism [activity] operation in the A, FA,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] ordinance 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.] to operate provided proof of compliance with section 25-4-15(d) is submitted to the director on or before July 1, 2017. [(g)] (h) Any agricultural tourism [activity] operation in the A, FA, 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[,] under section 25-2-61, may continue such use until [May 20, 2010,] July 1, 2017,and[,] if an application for [a special permit or a use permit has been received and accepted by May 20, 2010,] plan approval under section 25-2-71 or a special permit under 25-2- 61 has been received by July 1, 2017, may continue such use until final action has been taken on the application. After [May 20, 2010,] July 1, 2017,or denial of the application, whichever occurs later, the operator shall have ninety days to cease and desist with all agricultural tourism operations. Any continued use beyond those ninety days 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] operation that [obtains plan approval, but] becomes non-compliant with the standards of section 25-4-15(d) because of an increase in the 8 number of visitors, shall apply for plan approval or a special permitL]within ninety days of noncompliance, [but] and may continue to operate until a final decision is made on the plan approval or special permit application. (j) An agricultural tourism [activity] operation [which has received plan approval] shall register with the department annually on a form prescribed by the director and-submit financial records and a daily visitor count record to the director on [request] an annual basis to verify compliance with this section, fand shall maintain a count of visitors which shall be furnished to the director on request.} in such format as the director may require. The daily visitor count record shall also be furnished to the director upon request. The annual registration form shall include: (1) Location of the agricultural tourism operation, including both the physical address and tax map key(s); (2) Description of the agricultural activity practiced at the provided location; 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; and (4) Contact information, including telephone (day and night), mailing address, and email (if applicable). Each operation shall require separate registrations and a processing fee of$100 per location. The director may request additional information pertinent to the registration of the agricultural tourism operations provided the requested information is relevant to the provisions of this chapter, and further provided that the information is not protected intellectual property. (k) The director may use observations of visitor arrivals, including bus traffic, in estimating whether an agricultural tourism [activity] operation complies with section 25-4-15(d)[(3)], and may require that an [activity allowed with] operation obtain plan approval or apply for a special permit based on such observations. [In that case, the activity may continue until the final decision is made on the special permit.] 9 (1) The director may conduct a site inspection for any proposed agricultural tourism operation and may make periodic inspections on any agricultural tourism operation without prior notification. (m) In the event of any violation of this section, the operator may be fined up to $1,000, however unless provided otherwise in County or State law, the operator shall have ninety days to correct the violation. If the violation continues past ninety days, the operator may be fined $1,000 per day for each additional day that the violation continues." SECTION 6. 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 7. 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 8. This ordinance shall take effect ninety days after its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII , Hawai`i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: 10