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HomeMy WebLinkAboutCOM 0044.001 2012-2014 comments on Comm. 745.32, proposing amendments to Bill 266, Draft 5, re. agricultural tourism for Hawai'i County Planning Committee 1:00 PM Tuesday, January 8, 2013, Hilo by Cory Harden, Sierra Club, Moku Loa Group, PO Box 1137, Hilo, Hawai'i 96721 808-968-8965 mh @interpac.net We thank Brenda Ford for addressing many citizen concerns in her amendments. Some specific concerns were not addressed--please see below. We also have two fundamental concerns. First--will this bill mean more crops grown on our island for food and other basic needs? Or will it just mean more side businesses?Will hundreds of visitors overwhelm rural neighborhoods?Will land prices go up, raising property taxes for neighbors, and raising land prices beyond the reach of local farmers? Will off-island interests take control of local land? Second—how good will enforcement be? Sometimes the Planning Department doesn't check for compliance with regulations till it gets a complaint. Sometimes neighbors don't complain because Planning requires they reveal their names and risk retaliation from the offender. Even if someone complains, sometimes nothing is done unless they sue—if they can afford it. SPECIFIC CONCERNS Comm. 745.32 p. 2 (1) and p. 3 (3) Once a year, 700 visitors in one day okay for major ag tourism-350 for minor Support—limit of one event per year OPPOSE—TOO MANY VISITORS FOR RURAL AREAS p. 3 (4) No off-street requirement for parking, loading, and tum-arounds for farm market roadside stands. OPPOSE—RURAL HIGHWAYS ARE DANGEROUS ENOUGH ALREADY, AND RURAL SIDE ROADS ARE TOO SMALL p. 4 (7) Banned events Support p. 4 (11) Access for fire, ambulance, and police Support p. 5 (12) Noise restrictions Support p. 5 (13) Ag tourism operator pays road maintenance fees and does plan for road repair Support p. 5 (14) Ag tourism vehicles can't block road Support p. 5 (15) Ag tourism operator prevents trespassing on neighbors' land and designates off-limits areas Support p. 5 (16) Adequate sewage disposal Support p. 5 (17) Neighbors notified of planned ag tourism Support p. 5 (18) Signs directing visitors to ag tourism sites, so lost visitors don't disturb neighbors Support ��, ' Comm. No. Ref. To: ti/('L Ref. Date CAN 0 8 loj3 p. 5 (19)Ag tourism only five days a week Support p. 5 (20) Dust control plans Support p. 5 (21) Animals kept safely, humanely, and adequately confined Support p. 5 (22) Design compatible with neighborhood Support p. 5 (23) Separate Planning accounts for fees, fines, and inspector expenditures Support p. 5 (1) Planning can request tax declaration Support Bill 266, Draft 6(?) p. 2 Visitors counted per week and per year(maximum 700/week--30,000/year for major, 350/week-- 15.000/year for minor) OPPOSE—700 COULD COME ON ONE DAY--TOO MANY FOR RURAL AREAS p. 3 (e) No plan approval needed for minor ag products processing facility---only for major OPPOSE—INCLUDE MINOR p. 4 (e) 30 days for Planning to decide on applications OPPOSE—SPECIFY WHAT WILL HAPPEN (BUT NOT AUTOMATIC APPROVAL) IF DECISION TAKES LONGER p. 5 (1)Ag products sales, not just ag sales, are counted towards qualification for ag tourism OPPOSE—COUNT ONLY AG SALES, TO SUPPORT BASIC AG p. 8 (10) No ag tourism if access is 4-wheel-drive SUPPORT—BUT ADD MORE PROTECTIONS FOR SPECIAL PLACES p. 11 (i)Ag tourism activity whose visitors exceed limit shall do application in 6 months OPPOSE—REQUIRE COMPLETED APPLICATION, TO LESSEN TIME WHERE UNAPPROVED ACTIVITIES COULD CONTINUE Other suggested requirements REQUIREMENT THAT AG TOURISM OPERATOR BE OWNER,OPERATOR, OR OCCUPANT OF THE FARM—AVOID BIG-MONEY, OFF-ISLAND INTERESTS MINIMUM PROPERTY SIZE ADEQUATE SMOKE DETECTORS AND EXITS IN BUILDINGS VISITORS USE GENERAL LIABILITY AND PRODUCT LIABILITY INSURANCE