Kula Community Association
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KCA POSITION STATEMENT
AGRICULTURAL ZONING ORDINANCE

Following are the KCA's suggestions and comments on the proposed Agricultural Zoning Ordinance. Each item is referred to by a sequential number and is listed under a section number as given in the 14 July 1997 draft bill and ordinance. Language from the draft ordinance or KCA proposed language is in "quotation marks", new language is underlined, and deleted language is in [brackets].

19.04.040

1. "Agriculture" should be redefined to include grazing and dairying and should not be restricted to a lot size of greater than 15 acres.

2. The definition of "Wall" should be amended to specifically exclude retaining walls.

19.30A.010

3. The purpose of the ordinance - to promote agriculture and preserve open space - is consistent with the vision of the KCA.

4. In item B.4. change "[pseudo]-agricultural subdivisions" to "non-agricultural subdivisions" to clarify.

5. Items 5. and 6. should be amended to shorten and clarify.

19.30A.020

6.. Amend the last sentence of the first paragraph to "lands meeting any one or more of the following criteria" so that lands do not have to meet all criteria to receive priority consideration for retention in the agricultural district.

7. Amend item 3. as follows to clarify priority uses: "Lands not classified by the ALISH system whose agricultural land suitability ... supports the production of high value, diversified and intensive use agricultural commodities [including] such as, but not limited to....".

19.30A.030

8. Amend item 4. to allow a "Principal Dwelling Footprint: 4500 square feet on two acres", to increase in proportion to the size of the lot based on a given percent or ratio, with an established cap.

19.30A.050

9. Amend item B.2. to limit the accessory use of stands for "selling agricultural products grown [in the County of Maui] on the premises, provided that stands shall not exceed 300 square feet and shall be set back at least 15 feet from roadways with consideration given for parking". (See also 19.30A.060 below, number 10.)

19.30A.060

10. Add the following item to the list of uses and structures which shall be obtained only if a Special Use Permit is obtained: "Stands for the purpose of displaying and selling agricultural products grown in the County of Maui provided that stands shall not exceed 300 square feet and off-road parking shall be available".

11. Add "animal hospital or clinic, animal boarding facility, riding academy, and similar commercial establishments" to the list of uses which shall be allowed if a Special Use Permit is obtained.

12. Amend item J. as follows to clarify that any recreational uses which may involve large numbers of users or create unsafe or unhealthy conditions shall be allowed only if a Special Use Permit is obtained: "Open Land Recreation [and] requiring accessory facilities such as restrooms and picnic pavilions [facilities] and including farm tours and botanical gardens; zoos and safari parks; rodeo, equestrian, and polo arenas; shooting, bow hunting, archery, and paint ball ranges; and other nature based or agriculturally related uses but not including tent cabins; airports; drive-in theaters; golf driving ranges; and drag strips, other motorized vehicle courses or tracks, and similar type uses.

19.30A.080

13. Amend item A.2. as follows to allow an agricultural park lot to be gifted: "Lots ... available for lease, [or] sale, or gift".

Adopted by the Kula Community Association Board of Directors on 8 January 1998

 

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