HomeMy WebLinkAboutCOM 0745.020 2010-2012 Page 1 of 1
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Murashige, Laura UAW(. 745
From: Deborah Ward [dward @hawaii.edu]
Sent: Monday, July 30, 2012 11:43 PM
To: counciltestimony @co.hawaii.hi.us
Subject: Bill 266 Wednesday August 1, re agri-tourism
Attachments: Bill 266 testimony.docx
Aloha,
Please distribute my testimony to the county council members before Wednesday's meeting.
Mahalo!
Deborah Ward
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Comm. No. '1 Li C. Z�
Ref. To:
Ref. Date A444 R 1 2012
7/31/2012
July 29, 2012
Hawaii County Council
August 1, 2012 8 am
RE: Agricultural Tourism
OPPOSITION to Bill 266 Draft 2
Aloha, May name is Deborah Ward. I own and operate a farm in Kurtistown. Like every farmer I am always
thinking of and seeking out new ways to market crops and create value added products. I support the concept of
agri-tourism, and I support connecting consumers with the farms that produce their food. I also support the
protection and preservation of affordable agricultural land so that new and young farmers can start an
agricultural enterprise without excessive upfront costs and heavy mortgages.
However, I do not support the change to the county zoning code that has been proposed in Bill 266, draft 2,for
the following reasons:
1) The planning department has not considered the needs and rights of the neighboring agricultural operations
that would be affected, and does not provide adequate notice to allow them to voice their concerns.
2)The change in the zoning code could change the assessment of the land being used, and the assessments of
the neighboring land owners, upward. This could cause the agricultural land to escalate in cost, lead to
speculation, encourage the purchase of agricultural land by non-farmers, and drive the cost of locally produced
food beyond the reach of our families.
Minor Agri-tourism
1) According to this bill, my neighbor, on an agriculturally zoned property adjacent to ours,would be allowed to
bring 350 visitors in 25-350 vehicles, in a single day, or up to 15,000 vehicles a year, on a single-laned, unpaved,
and unmaintained road right of way that crosses the middle of my property, I would have no notice or
opportunity to intercede.This is termed a minor agricultural tourism operation.
Many agricultural properties share road access, and often the easements are shared with multiple parties.The
roads are used for tractors, carts, transport or transit of animals. They may be owned or maintained by a variety
of mechanisms, and some are "paper roads" or"roads in limbo" with neither county nor state taking
responsibility. Danger, inconvenience, expense, or liability of the agri-tourism operation on the shared roadway
is not addressed in this bill, and in this draft, the minor agricultural tourism operation would have no oversight.
The zoning code change would effectively inject into the rural agricultural setting the potential for high traffic,
poor road access, no required signage, no provision for sewage disposal, no security for neighboring operations,
with up to 15,000 private vehicles or 1300 tour vans per year. As the bill currently reads, contrary to the
planning department recommendations, there would be no review for minor projects,and no opportunity for
public comment.
I strongly recommend review for minor agri-tourism operations!
2)Agricultural tourism revenues should be closely tied to agricultural revenues. Operations that are primarily
agricultural should have the opportunity to enhance revenue with farm sales and tours, but as the bill currently
stands,there is no requirement that a farm operation even demonstrate agricultural revenue.
As revised, there would be no provision to demonstrate that there is any bonafide agricultural operation on the
property, but the owner(under the guise of agri-tourism), could set up a store and sell agricultural goods grown
or processed anywhere, baked goods, ice cream,jams,gift items, clothing, coffee mugs,t-shirts, crafts, and
knick-knacks imported from other states and countries. The operator could also run tours, rodeos, horse and
pony rides, barn dances, sleigh/hay rides, cooking, and other classes.
Major Agri-tourism
Should the agri-tourism operation succeed in bringing in more than 15,000 visitors a year, or up to 30,000
visitors a year, it would then be termed a major agricultural tourism activity.At that time,the "director may use
observations of visitor arrivals in estimating whether an agricultural tourism activity complies with the law, and
may require that an activity be required to obtain plan approval". Only then would the director weigh in on the
"plan", but approval would be automatic if not approved in 30 days.This time period is too short, considering
that the operation is allowed to proceed without a permit during the permit consideration period. (SECTION 5,
section 25-2-76 (e)The review period should remain at 60 days, not 30.
Land that is zoned agriculture but is used for other purposes does not address the critical need for increasing
locally produced food to feed our growing population. According to an article in the Hawaii Independent, Gil
Riviere, state legislator, points out: "One of the biggest problems the North Shore faces is people building big
fancy houses on some of the best agricultural land,"Riviere said. "They come in and subdivide it, and they don't
farm. It puts pressure on the value of land and drives it up, making it more unobtainable for farmers."
I strongly recommend that farms proposing agri-tourism operations be subject to review, whether minor or
major in scope.Secondly, I recommend that they be required to demonstrate, through Schedule F or general
excise tax declaration,that the farm produces at least 50%of revenue from agricultural operations, relative to
agri-tourism operations, on an annual basis. Finally, I strongly recommend that neighbor notification, site
inspection, demonstration of legal road access, and solid waste compliance be included in the language of the
bill for major and minor operations.
Thank you for your consideration, and I urge you to table this bill until steps are taken to address these
concerns.
Deborah Ward
Laiku Organic Farm and Special Ti Nursery
P.O. Box 918
Kurtistown HI 96760
808-966-7361