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BILL 25 Zendo's last hurrah!
#1
Okay everybody, those who are interested in planning and development on this island check out this bill introduced by Zendo Kern that could potentially, as written now, adversely affect every agricultural property owner and commercial operation on this island. This is what happens when business men want to become farmers.

http://records.co.hawaii.hi.us/Weblink8/...Page1.aspx
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#2
Hawai'i County presently has an ordinance that covers agriculture tourism in the county code. This is a very good and necessary ordinance but it is only for real and genuine farmers. Farmers can qualify for agriculture tourism permits as long as 50% of their gross revenues come from farm activities i.e. the food they grow and sell.

Bill 25, as introduced by CM Zendo Kern, is an attempt to subvert the already established special use permit process (SUP) and creates two categories for agricultural tourism, major and minor. There is no definition for "minor" only a designation. So basically if your neighbor is growing pineapples or even plans on growing pineapples s/he can apply for a 'minor agricultural tourism operation permit' . This will give your neighbor the right, with very little corresponding responsibilities, to have 100 potential customers come to her/his house per week, 400-500 per month and 5,800 patrons per year. The language as written now permits this to be done on almost any size lot using public or private roads. In addition to cars bill 25 allows for 15 passenger tourist vans to roll down private roads to get to their minor agricultural tourism destination.

Why is your neighbor attracting so many customers? Because a 'minor agricultural tourism operation permit' will allow your neighbor to sell from his or her home such items including , but not limited to,

"all agricultural and horticultural products, animal feed, baked goods, ice cream and ice cream based desserts and beverages, jams, gift items, food stuffs, clothing, coffee mugs, tee shirts, and other items promoting the farm and agriculture in Hawai`i and value-added agricultural products and production on site. Non-agriculturally related products means those items not connected to farming or the farm operation, such as novelty tee shirts or other clothing, crafts and knick-knacks imported
from other states or countries, etc."

Also the bill allows for an unlimited number of "barn dances" with amplified and/or acoustic music. This will threaten the peace and tranquility of our agricultural lands.

P.S. Interesting to note only the folks from Wipio Valley are exempt from this bill.
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#3
Sativa, are you a farmer?
Assume the best and ask questions.

Punaweb moderator
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#4
Rob, do I have to be a farmer to start this thread on Bill 25?
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#5
Pray tell, Sativa, what manner of "earning a living" would be acceptable to you? We can't all collect public benefits, export a high-value commercial crop, or commute to a minimum-wage job at a Hilo big-box -- in case you haven't noticed, tourism is a major part of this island economy, and we're still importing over 90% of our food.

I'm confused about this alleged "peace and tranquility" given that Ag zoning allows 70db 24x7, especially considering the (unpermitted) 90db coqui mating call for 10-12 hours every night.

I can only assume that you've made some horrible mistake by moving to an Ag-zoned subdivision; it sounds like you would be happier either with proper R zoning and/or strict CC&Rs that preclude any and all additional noise or traffic. The rest of us need to earn a living, and if Ag tourism pays the bills, you can bet I'll open my farm to tourbuses.
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#6
No, Just wondering on the basis for your "adversely affects" statement.
Assume the best and ask questions.

Punaweb moderator
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#7
Rob quote:"No, Just wondering on the basis for your "adversely affects" statement."

Yes Rob I am not a farmer but I do live in a subdivision that is designated agricultural and will be affected by this bill. There are many others who are concerned about this piece of legislation not just me. In fact there were so many testimonies against it that it had to be postponed until next council meeting. Amendment s are now flying left and right to try and make this a good bill. You may not mind almost 6,000 customers coming to your neighbors house but I know it would drive my neighborhood crazy. Have you read the bill, Rob, so we can discuss it like adults.
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#8
Where did you come up with the number 6,000?

I didn't read that in the bill.
Assume the best and ask questions.

Punaweb moderator
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#9
kalakoa quote
"I can only assume that you've made some horrible mistake by moving to an Ag-zoned subdivision; it sounds like you would be happier either with proper R zoning and/or strict CC&Rs that preclude any and all additional noise or traffic."



kalakoa, why is it that everything that we talk about ends up with you telling me that I should move or that I made a mistake?
Maybe you're the one that should move and get out of your subdivision. Why don't you go to Saddle road so that you can do your tourism without disturbing your neighbors. That is how silly this thing can get if you continue to tell me that I should just move after 20 year of living here. I am trying to maintain the rural character of my subdivision. So far the community has been winning. We defeated another bunk bill that you heavily supported, the so called sustainable living research bill SB 2274, that would allow for a bio fuel plant or commercial windmill operation to operate right next to your home in the name of research with one report a year to the planning commission. Now that's research, right?

And I hear that Ruderman is working on introducing this bill next year with Representative Chris Lee, chairman of the Energy committee . Stay tuned. You have to watch these bills and the added language inside of them.
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#10
Rob quote
"Where did you come up with the number 6,000?

I didn't read that in the bill."

Rob, I wrote "almost 6,000" but the actual number in the bill is 5,800. But who would be counting? As bill 25 is written now, there is no enforcement, no plan approval and no site inspection required. SWEEEEEEEEET! As a business woman I am almost tempted to support this bill as written but I have to take my neighbors and my peaceful environment into consideration. It is a no brain-er which I would choose.
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