HomeMy WebLinkAboutCOM 0745.016 2010-2012 Page 1 of 2
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Murashige, Laura COMM, 745
From: Richard Rimer[drrimerdo @yahoo.com]
Sent: Friday, August 24, 2012 10:13 AM r ,�
To: counciltestimony @co.hawaii.hi.us
Subject: Spam please vote no on bill 266 until it's language supports sustainability of ag lands
If this email is not spam, click here to submit the signatures to FortiGuard- AntiSpam Service.
I do not support the change to the county zoning code that has been proposed in Bill 266, draft
3, for the following reasons: This is a copy of Debbie Ward's comments, which are well thought
out.
1) The change to the zoning code does not provide for an alert to rural neighbors and agricultural
business operations nearby that would be affected, and does not provide adequate notice to
allow them to voice their concerns or attain recourse.
2) I am concerned that 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.
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."
Specific changes that could improve the bill include:
Minor Agri-tourism
3) 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
visitors in 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.
Planning department review and approval for minor and major agri-tourism operations should be
required.
4) In Draft 3, only major agri-tourism operations (those bringing in between 15,000-30,000
visitors a year) must provide evidence of a bonafide agricultural venture by providing evidence
of$10,000 in agricultural income.
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, .�q c
t v i11Tt. NO. I
Ref. To: 2012
Ref. Date $
8/28/2012
Page 2 of 2
but as the bill currently stands, there is no requirement that a farm operation even demonstrate
agricultural revenue unless the agritourism operation proposed is major.
Agricultural income should be required of both major and minor operations proposing an
agritourism operation. The amount should be revised upward to reflect a percentage of gross
income that matches the proposed income for the agritourism operation. Evidence of agricultural
income and agri-tourism income should be provided to the planning department on an annual
basis.
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 minor 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
5) Should the agri-tourism operation plan to bring in up to 30,000 visitors a year, it would then
be termed a major agricultural tourism activity. 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".
This language should be revised to require plan review and approval.
In summary, 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 not to pass this bill as drafted until steps are
taken to address these concerns.
Dr. Richard Rimer D.O,.
Family and Emergency Room Physician and steward of an ecosustainable farmstead and
internship program in Kapoho
8/28/2012