|
| |
Please note the following regarding the memo below:
At the last Land Use Committee meeting on this issue (on Nov. 4th), the Committee approved
the following "non-substantive proposals" (some with minor amendments): nos.
1-3, 5-12, 14, 16, 18, 19, 21 and 22. In other words, all but nos. 4, 13, 15, 17 and 20
were approved. We have not yet discussed the "substantive areas".
October 31, 1997
MEMO TO: Members of the Land Use Committee
F R O M: Sol P. Kaho`ohalahala, Chair Land Use Committee
SUBJECT: PROPOSED AGRICULTURAL ZONING ORDINANCE (LU-32)
On November 4, 1997 at 9:00 a.m., the Land Use Committee will reconvene its meeting of
October 13, 1997 and will immediately begin discussion of the proposed Agricultural Zoning
bill.
The following pages contain proposed amendments and suggested areas of discussion to
facilitate our deliberations. These ideas were generated from oral and written public
testimony, from Committee deliberations and questions, and from the Department of Planning
and Committee staffs. You will note that these ideas have been organized into two general
categories, either nonsubstantive proposals or substantive areas for discussion, and
address the bill’s main provisions: definitions; purpose, intent and district
criteria; standards and subdivision (the “sliding scale”); uses (permitted,
accessory and special); land conversion; agricultural parks and leases; and miscellaneous.
In some instances, new language is underlined and deleted language is [in brackets].
NONSUBSTANTIVE PROPOSALS
Definitions (Sec. 19.04.040):
1. “Agricultural products processing” should be defined more clearly and simply:
“places or facilities where agricultural produce and livestock and forestry products
are processed for eventual distribution and consumption” (see number 16 below).
2. “Animal livestock raising” should be amended by deleting the last sentence
and replacing it with “This does not include small-scale animal keeping”, which
should be defined as “the keeping of dogs, cats, birds, rabbits, fowl, and similar
type animals for noncommercial and domestic use. This also includes the keeping, grazing,
and raising of pigs, goats, chickens, horses, cows, sheep and similar type animals for
noncommercial and domestic use in the Agricultural and Rural districts.”
3. “Agricultural land conservation” should be clarified by deleting the last
sentence of the definition referring to 15 acres.
4. “Agricultural lease” should be amended to delete the last words “as
defined herein” because commercial agriculture is not defined by the section.
5. “Private agricultural park” should be amended so the minimum lot size is
“twenty-five (25)” instead of “thirty (30)” acres to be consistent
with the “sliding scale”.
6. Missing definition: “Lot of record” is, remarkably, not defined in Title 19.
A new definition should be added: “a part of a recorded subdivision or a parcel of
land which has been recorded at the Bureau of Conveyances.”
Purpose and Intent (Sec. 19.30A.010) and District Criteria (Sec. 19.30A.020):
7. In Subsection 19.30A.010.B.4, “pseudo” should be replaced with
“non”.
8. Subsection 19.30A.020.3, should read “orchard and flower crops.”
District Standards (Sec. 19.30A.030) and Limitations on Resubdivision (Sec. 19.30A.040):
9. In Subsection 19.30A.030.7, “tract” should be replaced with “lot of
record, or portion thereof, which is zoned agriculture,” to be consistent and to
address split-zoned parcels.
10. In Subsection 19.30A.040.1.a, the reference to Section “19.30A.020” should
be replaced with “19.30A.030”.
11. In Subsection 19.30A.040.1.d, the restriction should apply only to agriculturally
zoned lands, so this subsection should begin “No lot of record, or portion thereof,
which is zoned agriculture shall be. . .”
12. Subsection 19.30A.040.2 should be clarified to apply to “. . .any lot resulting
from any of the following:. . .”.
13. Subsection 19.30A.040.2.b should be clarified to read “. . .provided that this
would not result in [additional] more farm dwellings than allowed before consolidation and
resubdivision. . .”
Permitted Uses (Sec. 19.30A.050) and Special Uses (Sec. 19.30A.060):
14. Subsection 19.30A.050.A.6 should be amended to clarify that golf courses are not
permitted, so this subsection should begin “Public parks[: No], not including golf
courses, and not including commercial [use] uses except. . .”
15. Subsection 19.30A.050B.2 should be clarified to read “[Stands]One stand per lot
for the purpose of displaying and selling agricultural products grown and processed on the
premises or grown in the County [of Maui], provided that said stand[s] shall not exceed
three hundred square feet and shall be set back at least 15 feet from roadways;”.
16. Subsection 19.30A.050.B.4 should be clarified to read “...agricultural products,
all or a portion of which are grown on the premises; this does not include processing
which could potentially generate nuisances and/or pollutants that could adversely affect
adjoining properties.”
17. Subsection 19.30A.060.J should be clarified to read “Open Land Recreation [and]
requiring accessory facilities such as restrooms and picnic pavilions [facilities],
including farm tours, botanical gardens, zoos, safari parks and other nature-based or
agriculturally-related uses, but not including tent-cabins, airports, drive-in-theaters,
golf courses, golf driving ranges, drag strips and similar type uses.”
Private Agricultural Parks (Sec. 19.30A.080) and Agricultural Leases (Sec. 19.30A.090):
18. In subsection 19.30A.080.A.3, “parcel” should be replaced with
“lot”.
19. Subsection 19.30A.080.A.4 should be amended so the minimum lot size is
“twenty-five (25)” instead of “thirty (30)” acres to be consistent
with the “sliding scale” (same as number 5 above).
20. Subsection 19.30A.090.B should be amended to clarify that the dwelling restriction
applies to the leased area only, so this subsection should begin “No dwellings,
permanent or temporary, including trailers and campers, are constructed on the leased
area.”
Miscellaneous (Secs. 19.30A.110 and 19.30A.120) and other provisions:
21. In Subsection 19.30A.110.A, the reference to section “19.30A.020” should be
replaced with “19.30A.030”.
22. Section 19.30A.120 should be amended to clarify that legal dwellings may be
reconstructed, so this section should read “[Second] Any [dwelling units] dwellings
or structures with a building permit. . .need not acquire a county special use permit or
variance, and may be reconstructed as permitted by the original building permit, but all
other provisions. . .shall apply.”
SUBSTANTIVE AREAS FOR DISCUSSION
(NOTE: Although the term “should” is used herein, these concepts are not
necessarily being advocated)
Definitions (Sec. 19.04.040):
1. “Agriculture” should include grazing and dairying, and activities should not
be restricted by lot size, so this definition should read: “. . .Agriculture includes
but is not limited to fruit, vegetable, and flower growing; forestry; aquaculture;
beekeeping; commercial grazing and dairying; and their accompanying services and
facilities. [Agriculture also includes grazing, dairying, and the raising of livestock or
poultry on lots greater than 15 acres and their accompanying services and
facilities.]”
2. Missing definition: “Agricultural products” may be defined as
“cultivated or raised plant, animal, or marine life that has been harvested for
consumption, including coffee; feed and forage; floriculture and nursery products; grain;
herbs and roots; sugar cane; fruits and nuts; vegetables and melons; honey; eggs; dairy;
cattle, pigs, sheep, poultry; marine life; and fiber for clothing and building material.
This does not include processed products such as pharmaceuticals; building products;
canned meats, potato chips, candy bars, soda pop, and similar types of prepared food;
alcohol; processed tobacco products; and arts and crafts.”
Purpose and Intent (Sec. 19.30A.010) and District Criteria (Sec. 19.30A.020):
3. Section 19.30A.020 should not require compliance with all of the listed criteria, so
the last sentence should be amended to read “Lands meeting two or more of the
following criteria shall be given. . .”
District Standards (Sec. 19.30A.030) and Limitations on Resubdivision (Sec. 19.30A.040):
4. Subsection 19.30A.030.1 establishes a two-acre minimum lot size which should be
retained.
5. Subsection 19.30A.030.2 establishes a 200-foot minimum lot width which should be
retained; other zoning districts (park, rural, residential, business) contain this
standard.
6a. Subsection 19.30A.030.4 establishes a maximum developable area restriction of 4,500
square feet, which could be amended to a less restrictive standard, such as 6,000 square
feet.
6b. In section 19.04.040, the definition of “maximum developable area” could
also be amended to apply only to dwellings, or only to the “footprint” of
dwellings, or only to certain amenities.
6c. Section 19.30A.060 could be amended to allow, with a County special use permit,
dwellings or amenities which do not meet the criteria of Subsection 19.30A.030.4.
7. Subsection 19.30A.030.7 establishes an effective date of “June 1, 1996” for
the “sliding scale’s” restrictions. This date could be amended to
“January 2, 1997” (the beginning of this Council term, during which the bill
will be enacted) or “July 14, 1997” (the date of the primary draft).
8. Subsection 19.30A.030.7 should be amended to clarify how the “sliding scale”
considers land commission awards, so a new sentence should be added: “For the purpose
of this section, a land commission award whose boundaries are within a lot of record shall
be considered as a separate lot of record provided the following criteria are met: (a) The
fee simple title holders of the lot of record and the land commission award, as recorded
by the Bureau of Conveyances prior to the enactment of this ordinance, are different; and
(b) The subject land commission award is not part of a lot which has been subdivided prior
to the enactment of this ordinance.”
Permitted Uses (Sec. 19.30A.050) and Special Uses (Sec. 19.30A.060):
9. In Subsection 19.30A.050.A.4, the “50” acre restriction on animal feed lots
should be replaced with a restriction of “10” acres.
10. Section 19.30A.050 does not allow animal hospitals, animal boarding facilities, and
riding academies as permitted uses. These uses should be permitted and defined:
“Animal hospital” means a structure or premises where animals are given medical
care, and the boarding of animals is limited to short-term care incidental to the hospital
use; “Animal boarding facility” means a structure or premises where animals are
boarded, groomed, bred or trained for commercial gain, including commercial stables and
kennels; “Riding academy” means a structure or premises where horses are boarded
and cared for and where instruction in riding, jumping and showing is offered and where
horses may be hired for riding.
11. Subsection 19.30A.050.B.3 should be amended to add the phrase “. . .on the lot
or, for the purpose of this section, are associated with agriculture in the County”
to accommodate off-site agricultural equipment or material.
12. Subsection 19.30A.050.B.4 should be amended to read “. . .agricultural products
grown on the [premises] lot or, for the purpose of this section, grown in the County”
to allow processing of off-site products.
13a. Subsection 19.30A.060.C requires a County special use permit for farm labor
dwellings; this should be added as a permitted use under Subsection 19.30A.050.A, provided
certain criteria are met: “A maximum of one dwelling per 5 acres of lot area,
provided that the owner or lessee of the lot can provide state General Excise Tax forms
and federal Schedule F forms for the most recent two consecutive years which show at least
$35,000 of gross sales per year of agricultural product(s) produced on the lot, and can
provide certification by the Maui Board of Water Supply that agricultural water rates are
being paid.” A restriction on the size of the dwelling could also be considered.
13b. If subsection 19.30A.050.A is amended to add these farm labor dwellings as a
permitted use, Subsection 19.30A.060.C should be amended to read “Farm labor dwelling
or lodging that does not meet the standards of section 19.30A.050.X” so that a
special use permit would still be required.
14. Subsection 19.30A.060.I requires a County special use permit for farmer’s open
air markets; this should be added as a permitted use under Subsection 19.30A.050.A and the
definition should be clarified.
Agricultural Land Conversion (Sec. 19.30A.070):
15. Section 19.30A.070 should be amended to allow the Council, during the change in zoning
process, to override the open space ratio by a two-thirds majority vote; and to address
whether to limit the size of the developed area or number of contiguous lots.
Miscellaneous (Secs. 19.30A.110 and 19.30A.120) and other provisions:
16. Subsection 19.30A.110.A should not define “kuleana” lands, as the purpose of
this subsection is to comply with a definition which may be established by State law.
17. Section 19.30A.120 could be amended to allow existing legal dwellings to expand with a
building permit (without any County land use permits).
18. Section 5 of the bill should be amended to add the requirement that “The
Department of Planning shall notify each owner of record of any lot, or portion thereof,
greater than fifteen (15) acres that is hereby zoned agriculture as a result of this
section.”
lu:ltr:32amc07:mnc
|