Meeting Time: November 18, 2021 at 9:00am HST
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Agenda Item

PSLU-17 CC 18-34 MAUI DRAGON FRUIT FARM LLC'S REQUEST FOR A TIME EXTENSION AND FOR THE USES ALLOWED UNDER THE CONDITIONAL PERMIT GRANTED BY ORDINANCE 4295 (LAHAINA) (PSLU-17)

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    Guest User about 3 years ago

    Please do not renew this CUP. The property is not being utilized per the CUP requirements. No ag is going on, more people are living there than is appropriate and large, loud parties are a regular nuisance.

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    Guest User about 3 years ago

    This input is related to item PSLU-17 regarding to the conditional use permit extension for Maui Dragon Fruit Farm. I am an owner of a property/farm near the the Dragonfruit Farm. I ask that you DENY the permit due to the noise generated by the activities, events, and workers who live at the Dragon Fruit Farm. The owners of the farm have disregarded the rules and the permit should not be renewed. Please DENY the permit extension.

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    Guest User about 3 years ago

    This input is related to item PSLU-17 regarding to the conditional use permit extension for Maui Dragon Fruit Farm.
    I own and reside at a small farm near the Dragon Fruit Farm. Especially in the pre-pandemic past, I was disturbed by noise and lighting from elaborate event activities staged on that property. More recently, the situation has been better.

    If I had confidence that the restrictions required with the permit would be strictly followed, I would not object to the renewal. However, the rules of the permit have been violated in the past, and enforcement appears to have been lax, with no substantial consequences imposed for the violations. What real recourse do we have if these violations are repeated with a renewed permit? Without better assurances that county government is willing and able to constrain the activities according to these rules, I oppose approval of the renewal.

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    Guest User about 3 years ago

    Aloha Council Members,

    Mahalo for the opportunity to share my concerns re: CR 21-85 Maui Dragon Fruit Farm (MDFF) CUP extension. I live on Punakea Loop up the street from the MDFF, and I support maintaining this area as agricultural land (that is not within the urban growth boundary).

    I kindly ask that you DENY the request to extend this CUP for the following reasons. First and foremost, they have not used the property in "substantial compliance with the representation made to the MCC in obtaining the permit." This includes, but may not be limited to, given this is based only on what we know about what's going on at the MDFF based on our proximity and visibility to it as neighbors:

    - On multiple occasions, there has been ongoing loud noise of people, amplified sound and unshielded exterior lights, including as recently as this past weekend on Fri, November 12 when it appeared and it sounded like a live DJ. There is already noise during the day with the screaming from people on the zip lines.
    - Events are not always over by 8pm and event clean-up, such as taking down tents, is not always completed by 8:30. This is a fire risk concern as well given how prone we are. It says that the fire dept. must approve certain events - do you have record of how often and when they've received that permission?
    - As a neighbor, I've never been provided with an information sheet providing contact information and a copy of the conditional use permit...that was news to me when I read the CUP.
    - I also read that the CUP says no more than two weddings per month, but it sure sounds and looks like there are a lot more events going on than that. In addition, sometimes there are 'events' of loud noise that I can only assume is coming from all the people living there.

    Additionally, in the documentation it says that the owners need other activities to counter agricultural losses, but after the big wildfire (2018?) that burned their dragonfruit, they never replanted the farm. This means they aren't meeting the requirement of having 51% of the 27 acres planted as a farm, so they don't qualify for a CUP, as I understand it.

    For these reasons, I again kindly ask that you deny this extension.

    Mahalo for your consideration.

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    Guest User about 3 years ago

    Aloha Committee Members,

    I’m writing regarding agenda item PSLU-17 pertaining to the conditional use permit extension for Maui Dragon Fruit Farm.

    I own and reside on a small farm adjacent to the Dragon Fruit Farm on the makai side. Given the geographical relationship between our properties, I’m mostly affected by noise rather than lighting, traffic or other issues.

    As mentioned in my testimony to the County Council, the noise level from the Dragon Fruit Farm improved substantially when they received their first conditional use permit in 2016 from the unregulated high decibel disco blowouts before then. While somewhat lower volume, amplified music continued at several events through at least 2019, which I understand is a violation of permit conditions. Noise abated early 2020, probably because of reduced event opportunities due to Covid, and has remained relatively subdued since then with the exception of one late night/early morning zip-line party several months back.

    I’m worried event noise will ramp up again as tourism gets back to normal. I’m comfortable with the restrictions in the conditional use permit, especially no amplified sound and limits on guest numbers, hours and event frequency. But, I’m concerned about compliance given past history.

    Is there a County compliance monitoring program to ensure all permit conditions are met in the future? Can all neighboring properties get a copy of the conditions and instructions for how to report violations? Or, if compliance can’t be managed, should the permit extension be denied?

    Jeff Anderson