2024-04-17 Bill 121 Heather Korotie

Home

From: Heather Korotie To: LPCtestimonv Subject: Concerns and Recommendations for Bill 121:Supporting Agricultural Tourism Date: Wednesday,April 17,2024 8:51:36 AM Aloha Chairperson &Commission Members, As a part of our island's agricultural community, I want to highlight that Bill 121 could inadvertently and negatively impact many small farms offering agricultural tourism because of the current ambiguity about allowable types of structures for Temporary Accommodation Rentals (TARS) in the bill and the disallowal of flexible living arrangements, where future owner/operators will no longer be able to live in a detached bedroom or guest house if needed. Agricultural properties are inherently diverse, often featuring unconventional and sometimes unpermitted structures that are used for agritourism. These structures that provide income as TARS are oftentimes innovative buildings like tent cabins, open-air pavilions and yurts. The income these rentals contribute is vital for sustaining the farm and contributing to the local economy through agritourism, an industry that enriches our community's food safety, cultural heritage and economic vitality. These rentals are also not ideal as long term rentals. Also, the economic realities for those in the agricultural sector, necessitate a level of flexibility in how they can utilize their property. Whether it's choosing to live in a smaller, more cost-effective structure on their land or offering various accommodations to visitors, agricultural property owners require the freedom to make decisions that best suit their financial and operational needs. For this reason, I hope the final bill will neither limit the structures that owner/operators can live in or offer as transient accommodations. Given these points, I urge the Planning Commission to consider the following recommendations for Bill 121: Flexibility in Living Arrangements: Allow property owners, particularly those on agricultural lands,the flexibility to reside in any structure on their property. This is crucial for owners facing economic hardships, enabling them to make the most practical and financially viable use of their property. Inclusive Definition of TAR Structures: Adopt a broad and inclusive definition of structures eligible for use as TARS. This would acknowledge the diverse accommodations agricultural properties can offer, from traditional homes to more unconventional structures like tent cabins, open-air structures, converted buses/boats and yurts which are more accessible in the agritourism place. Support for Agritourism: Explicitly support, incentivize and facilitate agritourism in Bill 121, in alignment with the objectives of the General Plan and Kona Community Development Plan (CDP). This includes recognizing the unique needs of agricultural properties and ensuring that regulations do not hinder the growth of agritourism. Reasonable Health and Safety Measures: Ensure the health and safety affidavit requirement reflects a balanced approach that does not impose excessive burdens on property owners, similar to successful models like Vail's Self Compliance Affadavit or Santa Cruz's "Safe Structures Program", which both accommodate the varied nature of accommodations and require they meet basic health and safety standards vs permitting requirements. By integrating these recommendations, Bill 121 can more effectively support the agricultural community, promote agritourism, and ensure property owners have the necessary flexibility to adapt to economic challenges. This approach will contribute to a vibrant, sustainable, and inclusive future for Hawaii County. For reference: Link to Vail's Health and Safety affidavit https://www.vail.gov/home/showpublisheddocument/1774/637457960125630000 Santa Cruz's Safe Structures program: https://sccoplanning.com/PlanningHome/BuildingSafety/SafeStructuresProgram(formerlyLIAP).aspxx Mahalo for your thoughtful consideration of these matters. I appreciate your dedication to crafting legislation that reflects the diverse needs and realities of our community.