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Home My WebLink AboutBIL 227 Draft 02 2014-2016 PC-3 March 7, 2017 BILLS FOR ORDINANCES Bill 227 AMENDS CHAPTER 25, ARTICLE 1, ARTICLE 2, AND ARTICLE 4 OF THE (Draft 2): HAWAI`I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING (2014-2016) TO AGRICULTURAL TOURISM The bill would amend Sections 25-1-5(b) (Definitions); 25-2-71(g) (Applicability; plan approval required); and 25-2-75, Plan approval application requirements; as they pertain to Agricultural Tourism. Also would amend Section 25-4-15 (Agricultural Tourism). Reference: Comm. 979.7 Intr. by: Ms. Wille Postponed: August 16, September 20, and October 4, 2016 Referred to Planning Director and Planning Commissions: October 18, 2016 (Note: There is a motion by Ms. Wille, seconded by Ms. Poindexter, to recommend passage of Bill 227, as amended, on first reading.) POSTPONED INDEFINITELY: Ayes: Committee Members Chung, David, Kanuha, Lee Loy, O'Hara, Poindexter, Richards, Ruggles, and Chair Eoff—9. Noes: None. Absent: None. Excused: None. ; and Comm. 124: From Mayor Harry Kim, dated February 14, 2017, transmitting the Windward and Leeward Planning Commissions' unfavorable recommendations. ADJOURNMENT — 11:06 a.m. Note: B/R, when listed next to the name of an Introducer, signifies that the Council Member has agreed to introduce legislation"By Request" on behalf of the requesting party. It does not necessarily signify support of or opposition to the proposal. The meeting places are accessible for persons with disabilities. Persons who need special accommodations for this meeting should call 961-8245 by March 3, 2017. Relay users please call 711(961-8245) to contact our office. Public attendance via courtesy site is available at the following location until 4:30 p.m. or later in the event public testimony has not been completed: • Kona Council Office,West Hawaii Civic Center, 74-5044 Ane Keohokalole Highway, Building A. �J�SY ... COUNTY OF HAWAII -•��" !_•- STATE OF HAWAII BILL NO. 227 ORDINANCE NO. (DRAFT 2) 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 visitor-related commercial activities or periodic special events designed to promote agricultural activities conducted on a working farm, ranch, or agricultural products processing facility, including agricultural based commercial operations as described in Hawaii Revised Statute section 205-2(d)(15). 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." 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(d) prior to the construction or installation of any new structure 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. (a) 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,] 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-aeeer—t: a pu'� ghway, which may be via a private read er easement, and flew driveways shall meet . .. ' . . - . . . • . .. . ;] A statement demonstrating that the subject property has adequate legal access to a public highway; (4) [New] 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 . - .. _ .. . . . - - ]; and 2 • (5) [' -• , • - • • - . -- . - . , - - -• _ ' . . . . . . - . . . '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 proposing a agricultural tourism operation 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 /I 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 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) [The agricultural activity or agricultural products processing facility must have a minimum of$10,000 in verifiable gross sales, exclusive of any income from 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 3 The agricultural tourism operation shall have a maximum of-ten thousand visitors annually unless allowed by special permit or use permit; (2) Hours of operation: Agricultural tourism activities shall not commence prior to [8:00 a.m.] sunrise or continue past 6:00 p.m. daily[;], unless otherwise approved by the commission upon a finding there will be no significant adverse impact on the surrounding neighborhood; visitors annually;] [(4)] (1) 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; [(5) The total area of spaces, including covered decks, lanais, tents or canopies, and _ - • - - _ . . principally for the agricultural tourism activity, but not including parking and [(6)] (4) Agricultural tourism gross revenue limitation and exceptions: Gross revenues 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 4 provided further, that the sale of all items which include agricultural products grown or processed by the associated agricultural activity or agricultural 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)] (4) 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[:]; [(8)] (5) 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[:] the items are specifically promotional to the site's agricultural activities and/or product; [(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;] 5 [(9)] (6) 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] [(4-(4)] (7) 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[-] [(11)] (8) 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 [(12)] (9) Termination requirement: Agricultural tourism operations shall immediately terminate upon cessation of the farming operation. (e) Any agricultural tourism [activity] operation that is not in compliance with [the regulations under] section 25-4-15(d) or appropriately permitted [ ] pursuant to section 25-4-15(c) shall be considered illegal under this chapter, unless otherwise noted herein. (f) 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 1 15(d) and] ordinance that has not received plan approval, may continue [such use until May 20, 2010. After this date, continued use to operate provided proof of compliance with section 25-4-15(d) is submitted to the director on or before July 1, 2017. (g) 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 6 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. [ . A . . • . . .. . . . - • . . . . . . . . '. . .. . , • void the special permit and, if the permit is voided, operate under the standards of section 25 4 15(d).] [OA (h) 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 number of visitors, shall apply for plan approval or a special permitf 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. [Ej)] (i) An agricultural tourism [activity] operation [. . - - . .. . .. ] 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, [and 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 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)] (j) 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 7 (k) 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. (1) 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 ME 1LER, COUNTY OF HAWAII , Hawai`i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: REFERENCE Comm. 979.7 8