HomeMy WebLinkAboutCOM 0183.001 2012-2014 comments on Comm. 183: discussion on plans to reopen Kulani Correctional Facility
for Hawai'i County Council Committee on Public Safety& Mass Transit
1:30 PM Wednesday, March 27, 2013, West Hawai'i Civic Center
by Cory Harden, Sierra Club, Moku Loa Group, PO Box 1137, Hilo, Hawai'i 96721
mhc interpac.net 808-968-8965
We whole-heartedly support restoring the program that did so much to heal both people and the land.
The old Correctional Facility was one of the most successful minimum security prisons in Hawai'i. But it
was closed abruptly, against the wishes of local residents, severely impacting prisoners, the community,
and natural resources. It's a welcome change to see state officials reaching out to the community on re-
opening plans.
The Kulani area is a haven for endangered species. It provides forest bird habitat above the mosquito/
avian malaria danger zone. It has three endangered birds and is a potential release site for the 'alala
(Hawaiian crow) Only about 100 `alala survive, and only in captivity.
After years of conservation work, much of it by inmates of the old facility,there are finally restored areas
that may be large enough to become a functioning native forest ecosystem. Kulani is also a watershed, a
cultural resource, and a valuable research site.
Unfortunately, several endangered birds were missed in the Environmental Assessment for the re-
opening, but we expect a correction. We also expect Kulani planners to consult with staff from the Natural
Area Reserve next door.We support plans to revive old partnerships with conservation organizations,
and carry out conservation practices and projects at the facility and nearby.
We recommend updating the old lava evacuation plan. There may be only 9 hours notice of a lava flow,
inmates may be working outdoors far from the facility, and security must be maintained during evacuation
and perhaps for months after any lava event.
We hope the new facility will help reach the goal of 30% of Hawai'i Island food coming from local
producers by 2020. The goal is from our 2010 County Agriculture Development Plan. Also, inmates could
be trained for"green"jobs like building solar systems to supply electricity to the remote Kulani facility, or
to government facilities elsewhere.
We support access to the facility and to the Natural Area Reserve for cultural practices, gathering, and
responsible public use. We also support the proposed Pu'uhonua.
Mahalo.
Comm. No. /8'3'
Ref.To: P/ASM r
Ref. Date MAR 2 7 2A13
Page 2 of 5 ' •
(d) [ - •' - • • - . . - ' '. - ' .-• . . .- '.., - . .. ' . . . •-•
• '. - • .1B. ..-. .. W e • - - • • • •. .• - •• - .
Failure to render a decision within thirty days requires automatic denial of the plan approval.
(d) For an agricultural tourism operation, the planning department shall conduct a site inspection prior
to issuing plan approval.
page 6
(2) Agricultural tourism activities shall not commence prior to 8:00 a.m. or continue past 6:00 p.m.
daily
page7 •• ••• •_ • • . . •• • ••- . '• .• - . •• ; -- . . - •• - ;- . .-
• • • -., • . .•• -• . - . - ••• ; • • . • •. • .• • . - . • • - • •. . .. .,
v. UpUll a.Nroval of the planning director.)
(?) ()foss revenues from agricultural tourism shall:
(A) Not exceed fifty percent of the gross revenues of the associated agricultural activity and/or
aruricuitural products processing facility, including revenues from adjacent parcles under the same
ownership.
Exceptions to this requirement may be offered by the Planning Director if:
(i) The gross agricultural products/processing income is Iss than fifty percent of the total income, the
applicant must demonstrate to the director's staisfaction that the loss in gross revenues for the
associated agricultural activity and/ro agriculgtural products processing facility was due to undoreseen
environmental or economic conditions that did not occur for more than two consecutive years,or
(ii) Sufficient investment is made in a new agricultural activity or agricultural products processing
facility so a reasonable projection of that operation's gross revenues from agricultural tourism wil not
exceed fifty percent of gross revenues, and
(B) Include the sale of all items derived from the agricultural products grown or processed by the
associated agricultural activity or agricultural processing facility.
(7) Agricultural tourism in the A, FA, IA, and RA districts shall not include weddings, parties,
restaurants, schools, catered events, musical events, dances, mechanical amusement rides, dirt bikes,
all terrain vehicles, and other off-road motorized vehicles, or overnight accommodations turr}ess•• ...-. .. .- '. .- • • - •- '
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(?) A "farm market/ on farm market/ roadside stand" used solely to sell agricultural products raised on
that parcel of land is exempted from the minimum gross income requirement or the requirement of
plan approval for either major or minor agricultural tourism, provided that there is sufficient, safe, off-
street parking for vehicles.
(?) agricultural tourism shall be prohibited in any area which may only be accessed by four-wheel-drive
vehicles and other sensitive areas
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Page 3 of 5
(?) There shall be adequate road and site access for fire, ambulance, and bola e
(-?) Music or tour guide amplifiers provided during agricultural tourism activities or events shall not
exceed 60 dB at its place of origin or other locations with amplifiers. After the effective date of this
ordinance and on properties that operate without plan approval, such noise shall stop immediately
while plan approval compliance is in process
(?) The planning department is responsible for enforcing this code
(-?) For agricultural tourism that uses privately owned and maintained roads the owner of the land on
which agricultural tourism occurs must pay the road association, if any, of that private road an
additional road assessment fee equal to one percent of its gross sales for road maintenance and
provide plans including the ability to repair the wear and tear on public or private roads cause by their
agricultural tourism operation.
(-?) At no time shall a vehicle involved with agricultural tourism block any public or private road.
(?) orie 'event per year may be held that has the weekly maximu in number of visitors on a n flo_'
(?)Owners of property used for agricultural tourism shall prevent their visitors from trespassing onto
their neighbors' property and shall clearly designate areas that are off-limits to visitors.
(?) The applicant is responsible for obtaining any required permits and constructing appropriate
ewwvage disposal mechanisms that satisfy the State of Hawai'i's Department of Health requirements
within six months of plan approval. The applicant is responsible to provide the written documentation
of compliance with this requirement to the planning director. Failure of satisfy this requirement shall
cause the planning director to withdraw plan approval or any permits associated with agricultural
tourism on the applicant's property. No agricultural tourism activity or event shal be allowed before all
State Department of Health requirements are met.
(?) Properties and facilities (buildings, tents, canopies, driveways, or parking lots) that are used for
agricultural tourism may have the agricultural tourism aspect of their parcel used to calculate its
property values by the County of Hawai'I; however, other parcels of land shall not be assessed based
OM aeyf ,x ricultural tourism building or facilities on another agricultural tonrow parcel of and
(?) Owners of property to be used for agricultural tourism shall notify their neighbort, within four
properties of their parcel in writing that they intend to do agricultural tourism within one week of
submitting their application for plan approval for both major and minor agricultural tourism.
(?) Appropriate signage shall be placed by the owner of the parcel to be used for agricultural tourism to
indicate legal access to the property and to reduce the incidence of vistors erroneously driving onto
another person's parcel of land.
(?) Agricultural tourism shall not occur on any individual parcel of land for more than five days a week.
(-?) Dust control plans shall be provided and once accepted in the plan approval are required to be
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maintained.
(?) re ii!it,n-ment ref any animals used in agricultural tourism shall be safe, humane, and adequate to
protect visitors and neighbors.
(?) Design of facilities shall be compatible with the character of the neighborhood.
(?) Fees and fines for agricultural tourism shall be placed in a separate revenue account, and
expenditures for inspectors shall be a separate line item in the finance department's operations
budget.
Page 8
(f) Any [rrajoi] agricultural tourism activity...existing prior to the effective date of this section and
conforming to the standards contained in section 25-4-15 (d) and that has not received plan approval,
may continue subject to providing proof of compliance with this chapter and obtaining plan approval
s`an binE so. month from the e lective date of this ordinance.
(g) ...may continue such use until [May 20, 2010] for up to six months, and if an application for a pseical
permit or a use permit has been received and accepted [by May 20, 2010] within that six month
period may continue such use until final action has been taken on the application. After [May 20, 2010]
six months from approval of this ordinance, or denial of the application, whichever occurs [later]
sooner, continued use shall be considered illegal under this chapter.
(i) ...becomes non-compliant...because of an increase in the number of visitors, shall apply for a plan
approval or final permit within six months of the change that caused the non-compliance...
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(k) The director...may require that an activity [ uired-to] obtain plan approval or apply for and
obtain a special permit within six months of written notification...[In that t.ase-During the application
process but not exceeding six months, the activity may continue...
(?) := o planning director may request Schedulte F, General Excise lax declaration to determine
compliance with this code.
OTHER SUGGESTIONS
Ag tow; r, operator must be owner, operator, or occupant of the farm, to keep local control
buildings used by visitors must have adequate smoke detectors and exits
)m mu,' mast have General liability and pr ad;;rt liability" insurance
one'.'j`<< sire and number of opsa attion`r in soy one neighborhood d is limited
it for vmiad „ , art sscimifted
i Io r; .'c , are i tr?0 enfofcr.ni icn?.
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