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HomeMy WebLinkAboutCOM 0124.001 2016-2018 21P COMP. I24- Murashige, Laura COUNTY CLERK COUNTY OF HAWAI'I From: Anuhea Patoc <anuheap@oha.org> RECEIVED Sent: Monday, March 06, 2017 11:47 AM Date Time // OT Y To: Council Testimony Cc: Zurishaddai Aki Subject: OHA Testimony for 3/7/2017, Bill 227 Hawai'i County Council Planning Committee Attachments: Admin Testimony 03.03.17 Honolulu CandC 03.07.17 Bill 227 Draft 2 Amending Chapter 25 RE Agricultural Tourism.pdf Aloha, Please find the attached OHA Administrative Testimony for the upcoming Hawai'i County Council Planning Committee for Bill 227, Agricultural Tourism. Mahalo, AvluhecuPaton Pou Alo Kulekele Aupuni Public Policy Administrative Assistant Office of Hawaiian Affairs 560 North Nimitz Highway, Suite 200 1 Honolulu, HI 96817 Ph:808-594-1756 Email:anuheap@oha.org Comm. No. Ref. To: V` Ref. Dote MAR 0 6 2017 1 L OFFICE OF HAWAIIAN AFFAIRS Administrative Testimony Testimony of Kamana`opono Crabbe, Ph.D Ka Pouhana, Chief Executive Officer Hawai`i County Council Committee on Planning Bill 227 Draft 2 AN ORDINANCE AMENDING CHAPTER 25, ARTICLE 1, ARTICLE 2, AND ARTICLE 4 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO AGRICULTURAL TOURISM March 7, 2017 9:45 a.m. West Hawaii Civic Center The Administration of the Office of Hawaiian Affairs (OHA) offers the following COMMENTS on Bill 227 Draft 2. OHA appreciates a number of the proposed amendments in this measure, which would update the agricultural tourism approval process to better ensure that agricultural tourism operations are accessory uses to bona fide agricultural activities. In order to better protect Hawai`i's food self-sufficiency and the integrity of its agricultural lands, OHA notes that stricter compliance requirements and standards may be warranted for agricultural tourism activities. Furthermore, to maximize the effectiveness of these provisions, OHA urges the Council to explore ways to enhance the enforcement of land use regulations against uses that do not coexist with a bona fide agricultural activity.' OHA believes that clearer and more enforceable standards may be warranted for tourism uses on lands zoned for agriculture. If not carefully regulated, the proliferation of tourism operations on agricultural lands may result in non-agriculture related tourism activities becoming the primary de facto use for agricultural lots. This in turn could reduce agricultural production and activity, incentivize land speculation and increase agricultural land prices, make it harder for bona fide farmers to begin or continue farming activity, and ultimately reduce the food self-sufficiency of the county. Accordingly, clear and enforceable regulations that ensure agricultural lands are primarily used for bona fide agricultural activities may be critical to ensuring the future self-sufficiency of the county, and the state. OHA appreciates that this bill expands consideration for exigent circumstances affecting agricultural activity, affording owners/operators exceptions to the gross revenue requirement for up to three years and for up to nine years in the most extreme cases. However, without an aggregate cap on the total number of years an operation may receive an exception, it is unclear whether this bill would provide exceptions for an indefinite number of years, thereby allowing agricultural tourism as the primary source of revenue on agricultural lands. ' See Haw. Rev. Stat. 205-2(12). Further, OHA appreciates that this bill updates standards for "plan approval application requirements for agricultural tourism." However, OHA urges greater specifics in such plans' required compliance statements. For example, other counties have required statements of compliance to include specific details such as a description of the farming operation, the age of crops or stocks, a timeline of projected gross income, and a site plan "demarcating the commercial agricultural operation, landscaping, grassy areas, dwellings and other structures, and irrigation system."2 OHA notes that a state bill introduced during the 2016 legislative session also includes reasonable minimum criteria and standards for a "bona fide farming operation," that could be applied to this case.-' In any case, agricultural tourism plan approvals should be made expressly contingent upon the continued maintenance of bona fide agricultural activities as the de facto, primary use of such parcel. Accordingly, OHA urges the Council to continue exploring ways to improve the enforceability of its agricultural tourism land use regulations, including through the adoption of clearer and specific standards for compliance. Finally, OHA also urges the Council and the county to continue exploring ways to enforce land use regulations for transient vacation rentals or short-term vacation accommodations that do not coexist with a bona fide agricultural activity on agricultural lands. Cost impacts may be realized for agricultural properties and farming operations, should transient vacation rentals proliferate and become the de facto primary use of our agricultural lands. Mahalo for the opportunity to provide comments on this measure. Should you have any questions or concerns regarding the above comments, please contact Zuri 'Aki, Public Policy Advocate, by phone at (808) 594-1779 or via email at zuria@oha.o , with any questions. 2 See Maui County Code§ 14.10.010(B)(3)available at https:I/www.municode.com/Iibrary/hi/county ot_maui/codes/code of ordinances?nodeld=TIT14PUSE ART 1 WA CH 1 4.1 OW ARAFE„.,14.10.01 OWASERA 3 See HB2091 HD1 (Reg. Sess. 2016).