HomeMy WebLinkAboutCOM 0745.017 2010-2012 Page 1 of 1
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Murashige, Laura CtA4M. 745 Puklke liearitn
From: Deborah Ward [dward @hawaii.edu]
Sent: Tuesday, August 28, 2012 5:46 PM
To: counciltestimony @co.hawaii.hi.us
Subject: Bill 266 Draft 3 testimony
Attachments: Bill 266 Draft 3 testimony.docx
Aloha,
Please accept my written testimony and distribute as appropriate. I am on the mainland and will
be unable to testify in person.
Mahalo,
Deborah Ward
P.O.Box 918
Kurtistown HI 96760
N
Comm. No. I ` c.
Ref. To:
Ref. Date P 0 4
8/29/2012
September 2, 2012
Hawaii County Council
RE: Agricultural Tourism
TESTIMONY RE: opposition to Bill 266 Draft 3
Aloha, May name is Deborah Ward. I own and operate a farm in Kurtistown. I (like many other farmers) 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 3,for
the following reasons:
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, 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.
Deborah Ward
Laiku Organic Farm and Special Ti Nursery
P.O. Box 918
Kurtistown HI 96760
808-966-7361