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HomeMy WebLinkAboutCOM 0745.033 2010-2012 comments opposing Bill 266, draft 5. re.agricultural tourism for Hawai'i County Council 9 AM Wednesday, November 21, 2012, West Hawai'i Civic Center by Cory Harden, Sierra Club, Moku Loa Group, PO Box 1137, Hilo, Hawaii 96721 808-968-8965 mh @interpac.net We know you've been working on this a long time and have made some useful revisions. But we're still concerned about unintended impacts, especially since other counties plan to follow what we do. Copied at the bottom are concerns from my earlier testimonies. The concerns aren't new—I've been repeating some since April at the Planning Commission. The high points- • Will off-site and off-island interests be allowed to operate the tourism side of agritourism operations? • Will large numbers of visitors and cars overrun rural neighborhoods, with no warning and no way to stop them? • Will emergency responders be hampered by traffic or bad roads? • How many ag tourism operations will be allowed in one neighborhood? • Will theft and trespassing increase? • Will noise cause conflict with neighbors? • For roads owned by community associations or several people, who has liability?And who deals with the extra wear and tear on the roads? • Will we end up with higher prices for ag land and higher prices for locally produced food? Thank you for your work on this. CONCERNS FROM MY EARLIER TESTIMONIES Please note an apparent contradiction (caps added) "the agricultural activity or agricultural products processing facility must have a minimum of $10,000...gross sales, EXCLUSIVE OF any income from agricultural tourism activities..."p. 6(1) "Gross revenues from agricultural tourism shall...INCLUDE the sale of all items derived from the agricultural products grown or processed by the associated agricultural activity or agricultural processing facility."p. 7(8) Please revise as follows • Allow only ONE annual event (avoid an annual Halloween event, plus an annual Christmas event, etc...) p. 8(8) • Require plan approval before development of ANY, not just major, ag products processing facility p. 3 (e) (This might have stopped an eyesore on Ainaola Drive, a fern operation that is probably driving down property values and is a traffic hazard) • For MINOR , not just major, ag tourism, require $10,000 sales from ag NOT INCLUDING ag processing p. 6(1) • Require a COMPLETED application p. 9(g)and(I) Comm. No. -Ns-.S. 3 3 Ref. To: rI CUltivl.6.1, Ref. Date NO V 2 1 2012 Please look at issues not yet addressed--in bold text in this list from my earlier testimony Permit applications should include proof of: • Legal road access • Adequate road and site access for fire, ambulance, and police • Ability and plans to repair wear and tear on roads, or proof the County or State are responsible • Plans for signs clearly designating the site • Designated loading/unloading areas in parking lot • Plans to control dust • Measures to prevent trespass and theft on neighbors' property • Adequate smoke detectors and exits in buildings guests will use • Adequate confinement for any animals • Clear designation of areas off-limits to visitors • Adequate restrooms and sewer services • General liability and product liability insurance • Compatibility with character of neighborhood Regulations should include: • Requiring approval for all agritourism operations, major and minor • Requiring a site visit from County Planning before plan approval • Requiring the operator of the tourism business to be the owner, operator, or occupant of the farm • Requiring notice of proposed agritourism to neighbors by letters and signs • Avenues for neighbors to raise concerns and contest proposed agritourism • Minimum property size • Minimum gross sales for agritourism • Counting as agritourism revenue: revenue from selling items that include agricultural products grown or processed by the associated agricultural activity or agricultural processing facility Building size limits appropriate for the site and neighborhood • Limits on number of operations in each neighborhood • Limits on number of visitors and number of vehicles per day, not per week or year • Simple noise limits (e.g. if you can hear it from a certain distance, it's too loud) • Required annual evidence that agriculture income is greater than agritourism income (e.g. Schedule F, general excise tax declaration) • Provisions (but not automatic approval!) for what to do if a proposal isn't reviewed in 30 days p. 5(e) • Fees to fund enforcement.