good morning county planning commission october twenty fourth nine twenty three am now in session thank you all for your patience i'm sure and everybody's world it's been an interesting night  acronym we gave for the dead sea scrolls replacement team and what this program is a what we're trying to do here is create a digital zoning layer for the county so this project has been going on for many many years it started off with the managing directors office back in the early two thousand it was transferred to the planning department around two thousand and five so twelve years have been working on this project so the goal of the project is to replace all these wonderful zoning maps which we carefully brought over an example to you this morning  to these maps over the years so this project included a team that comprised many different people in the department from all the different divisions today we have peter graves who's from plan implementation i'm also from plan implementation we have and grow from the current division and david roger is the administrative planning officer from the zoning division and he will preach presenting to you the  at the end of our presentation with this project you do have to amend title nineteen which is what we're here today because there's less which that needs to be change in title nineteen that talks about a digital layer and not a paper map we've also made minor amendments to title nineteen to actually try to clean it up and make it a little bit more understandable so for this project just so you know there are two maps that we're asking for adoption the first map is going to be an as is a map which we will go over with you and that is the ways owning is today if we were to just transfer everything onto a digital ware without rectifying it and without making any kind of corrections to mistakes or inadvertent errors the second map is that map which has been adjusted and peter will go over that with you with this project just so you know we sent out over and about nine hundred postcards to all owners who are impacted by little tweaks and changes that we're adjusting on the map on the digitally or so everyone was notified we had for public meetings we wanted to go out to the community we let people know on those postcards  we were having these meetings so we had meetings in key why luke would line a simple kalani we also created our own website our own e mail address and one on our own website but on our planning department website there's a link to the desert project we have our own email we have our home phone number so that we anyone who's curious about the project or say got a postcard and couldn't come to one of these meanings could call us and peter can go in and tell you exactly what's happening with that parcel so we really try to go out and make there's no we had a press release in the paper the good news is we haven't really gotten too many inquiries which to me is a positive the inquiries that we did get when we explain to them what was happening to their parcel they were relieved because everybody's walking out the door which zoning they think they always had they never knew they had  proposed we're going through their property that never got built so we're not doing anything that isn't consistent with community plan it has to be consistent with community plan in order for us to meet those three so with took it to more locally they also gave us unanimous thumbs up on approval their recommendations though is that when we do them ok in map today we're just talking come back tomorrow ok and have a meeting which we would do anyway so with that i'll turn it over now to ann cooper girls the power point good morning chair and members you know kathleen mentioned that this really was a labor of love from a lot of people in the department and it took such a long time that some of our staff moved on to retirement and doing other things and was really happy when kathleen was talking to see that one member of our team joel o s o walked in and so we're just really excited about that it was it was a lot of work but this a gather but we are very excited to be before you today so just to give you a little bit of background you know the goal of this project way back when was to replace the counties old maps like the one you saw on the wall some of them are up to fifty years old paper maps written over taped over just in very poor conditions another goal is to make digital zoning maps so first of all what is owning sewing determined help property may be used and where structures may be place and you see that in your applications that come before you it also promotes orderly pattern of development and it separates incompatible land uses and zoning is the first thing that a land owner must be aware of before developing a property when you get a piece of property what can i do with this piece of property while you're zoning dictates what you can do with the property how is properties owned in my county well basically there's three different layers and i'm going to go over that it's a comprehensive zoning that individual changes and zoning and comprehensive or so prior to nine hundred fifty seven there were there was no zoning and so we basically had in terms owning an interim zoning was intended to be a temporary zoning until we actually and we and that is like what you see on the wall the map that you see on the wall is the key area and it is the largest rectangle that you see on the slide and then all other areas that you can see that are squares and rectangles those are comprehensive only maps limited around the island so you can see still there's a lot of interim zones and then what you are most familiar with is individual zoning changes and that from the one nine hundred sixty s to the present and most properties come in you know one parcel at a time but then you also see you know a large parcel sometimes five six hundred acres for a change in zoning and those are individual changes and zoning and then there were two comprehensive bills first the rural zoning bill in one nine hundred ninety seven and the parameters of that bill owning that created rules zoning in these areas where you had to have community plan and state land use rural designations the lands also had to be less than fifteen established for areas that were community planned  and so there is our current zoning map and it is made up of all the layers that we've just discussed and you can see that there's still exists so what were some of the challenges to accomplish our goals well as you saw the age and the lack of detail of the original maps was a challenge very poor quality worn out falling apart so sometimes hard to read there's no single complete set of maps for the island as you saw it's a patchwork of the interim zoning and comprehensive owning individual sonis and then the comprehensive you know this this is an example of some of the challenges that we had you know the scale of the maps made in individual parcel determinations difficult you see these larger lines here going through this here's a  subdivision that was created and then we realize we found out that this line actually means something and we'll explain some of those examples to you later on and you know another thing is that we found zoning zz's that actually exist on the maps that we didn't realize it existed like proposed road and drainage and those go through properties so when kathleen mentioned that at the end of the city with this project people are not going to be surprised at their zoning their zoning is going to be what they always thought it was for example here these people that live in this subdivision have no idea that part of their lot is own drainage so when we make the corrections to to be back to what what it was what it should be which is probably are two or three no one will be surprised because that's what they always thought they had the benefits of this project that we were able to confirm zoning accurately and efficiently there will be greater public access to accurate zoning information we will be able to reduce the zoning determinations by the department staff and for example between fiscal year twenty thirteen and twenty sixteen the department process twenty one thousand four hundred fifty seven zoning verification forms and so that is either people coming into the apartment bringing their form waiting having a staff person pull out a few maps to take a look at it to take a look at what the zoning is and then filling out the form or people can e mail before me and now what they will be able to do is sit at home with a cup of coffee with their laptop at their desk and check in from home so that is very exciting as a great public service that the county will be be able to provide it will also improve coordination between government agencies government agencies need zoning information as well the plans the ip projects so they all have it at their fingertips as well and then i'm not sure if you are aware of all were upcoming county online permit process right now we have the kiva system but we are going to soon hopefully soon be having the maps permit tracking system this is a this is owning digital there is a key foundation for that maps process so that concludes my presentation i'm going to turn it over to peter now and he's going to take you through some examples that we found to show so these are just a few of the examples of issues we ran into that need to be fixed but we as a team can't unilaterally fix them they were you know the maps were adopted by the council and if we want to fix mistake basically the it has to go back to the council to be to be fixed you know we started this we just wanted c and this is the portion of the original map and these are actually the these are on the map these are the digital is red lines of the digital parcel layer overlaid with it created l c m five the highway had didn't exist yet so this is just the proposed highway w two but they're actually within this legacy proposed road zoning and open zone this is the fix this is would be referred to as map to the highway is actually adjusted up to where it's supposed to be the homes are are in are two again there's actually a drainage shown a very wide drainage zoning shown here just eliminated it because the actual drainage family from ag that had been adopted yet sort of fact when the ag bill was passed this is what happened is people lost their zoning so these houses up off the tip here down along the bottom here have been legally zoned ag for the past twenty years and something we just realized recently when we were going through the different layers we had to look at to see what the zoning when the actual development was done the roads placed in the subdivisions placed kerosene on the scale but the wrote the development didn't match what was on the map and this is the actual zoning taking taken literally the legal zoning today you overlay the parcels zoning does not match precisely where the development is and you can see it this scale but if you zoom in and see this is where the you know this little subdivision is th zoning does not match the roads do not match the road parcels this piece of duplex here does not match the duplex parcel so similar to come in today and say what's my  years owning is own half golf course and half are two and again this is just this is the after this is the fix not really changing anyone's zoning radically just making the lines match where they should and there's just a broader view of the after i think this is the last or last example is just an overview of the after zoning which you can't tell from this from the scale that there is any difference at all because there aren't any huge changes it's more just the minutia  legislation we have before you ultimately will be acted on by the council but pursuant to the charter we need your advice to the council just this week and i and i'm ok planning commissions before we got here  determining the boundaries of the districts so the department's position again and the reason we're here today is that we think it's time for malley county zoning maps to go digital and this will further a number of general plan policy objectives and some of them are pretty obvious that we think the very important government services will be transparent effective efficient and responsive the need resident the government ability to obtain relevant documentation and the county should use advanced technology to improve efficiency and the county should expand government online  exactly what that means where the standards are found in the in the county code in the comprehensive zoning ordinance so again providing an updated current and accurate legend for all the different sony designations that are available to the county and then also tightening up in clarifying the language on determining the boundaries of sony and just so that's the legislation and we appreciate kind of like our journey to get the one map to unite them all instead of throwing it into the will cain no which we wanted to do several times this is an option to get all of these old maps and throw them into the and have only one map to basically unite all of mali colonies or at least mali at this point in time very happy to see it finally come to fruition at this stage it was kind of like a lot of the things are stayed the same i know and it's very much improved all i can do is say that i hope you will adopt it wholeheartedly because inaction is not an option it's actually worse a lot of time  so for the past thirty forty years a lot of times we've had in cleans up problems with the paper maps that the slide up there that has basically an ostrich sitting his head in the sand and that's basically what the county has done for the last thirty four years is ignore the problem we've gotten to the point where we've had a number of lawsuits in court rulings that have said you know the map is the map you know the problem you had opportunity to fix them you never fix them basis but you don't have today's technology g p s and stuff like that it does it makes difficult so hopefully you will adopt this and we can move forward to be the first step and the next steps will be to finish off some of the unfinished business that i think is more complicated and needs a little more attention but i think this is the basis of it soulfully will support it any questions thank you th i'm not sure who to address is to it is a no brainer that we needed to update the maps i don't think there's any dispute about that my concern is is we're updating the maps but just like we saw in polani were things were zoned a one way we're changing it to another to correct it and that's where that's where i'm not sure if i understand what we're doing because if are correct in something we're changing something and i would assume that it would take to take a neighborhood like we did  concerns me you know and i'm i'm i'm i know we're trying to make everything right and over trying to make everything go forward you know appreciate that this administration fine is attacking this problem i know it's a problem what my concern is is i  want to make sure that the people before all of the rules are to make sure that people knew that this was in his own right but this is our you know what we're just going to build those ten houses in america supposed to look this way if the map was the map the map was the map and we all have to follow the rules and the reason why i bring this up because all of this we can i see these houses that are supposedly don't next to the ocean but they are but is not going to be another thing that's going to make what we did wrong the past twenty five years ok today because we're going to change there's only to make it ok and so that's one my concern comes from thank you for that question and trust me we gone through that too i think what's important though the map is a map only key sort of to our eyes a few years ago so that's why we know we have to come to you and the council in order to fix these little changes and now we are changing i don't mean per se like kalani it's only because either things weren't built where they said they were going to be built or it's a rectifying what actually is a digital way or versus these old maps that have big fat lines on a you know you get a sharpie pen it's like that could be a distance of heat you know so if input kalani you have a situation where where the where things got built and maps are overlaid on top of each other what's now on a map shown is god's corps is actually  got its for that it got approvals for that everything is gone through the process of those homes being built you know with county approval saying that it's residential and it was an intern we started looking at these old maps laying them on top of each other getting the digital versions getting the word property tax boundary real property tax maps where you start seeing that there's these slivers that are outside and it's only because we've gotten more technical we've gotten better when we get a better view of looking of where these lines actually are versus a nineteen sixties map or quad maps and have you know ranges that are not as detailed as what we have today mannered thing to is that we notify like i said everybody who's been into the server we're not doing this in a vacuum and everyone's had the opportunity and we're not changing it to something other than what they think they've already had already gotten permission to build on it's actually why joe's saying worse to keep it the way it is because if you came in now and you're on the sliding key here that has a proposed word on it it makes it convoluted to say the least because we could say you know what have your properties in propose road and they say well let's propose road and we say well we don't have any standards for proposed road because we don't there's standards there's there's there's on these maps that we never did any standards for drainage proposal there's like axelsson there's all these kind of different things that we never did standards for we're actually making things a hundred times better by going in and properly taking out the zoning that don't exist roads never got built drainage is never got built  and putting them in the category the very thought they were and we've always done approvals for so i don't know if that helps to ease and again in the last  is one of the questions came up before is about community plan we're not doing anything that's inconsistent with community plans so if your community plan single family and you're in residential but nobody back then when an unruly took the time or looked out or like joe so we stuck our head in the sand and said oh never mind not draining drainage or that proposed road the r got built somewhere else it's residential and what we have learned through court cases we don't have that right to do that we do that but we don't have the right to do that so we need to have counsel go in and make those changes not the eric i agree with commissioner robinson that i think that this particular proposal is is overdue and needs to be corrected my problem is my concern is that the new zoning is going to affect specific property owners because they're going according to the old maps and whether the county is going to guarantee that those people who are now in a particular says owning that's updated that they will be grandfathered in that they will not have any problem with property or drain age it's like chills over there i think one of the photo also showed pilani highway and there was a property that was inside of the highway itself  this this was where there was a proposed road proposed hiring right that's where p e line highway was supposed to be built on on this map over here if you look at the  old desert map then you also have like a green we pass for along here what happened though if you look at the real property tax mouse and this is all digital where's this is where the actual t m key is this is where the road god built for some divisions came in all got approval based on residential zoning which is the c l o here and it's kind of hard to see where if you look at the satellite imagery you can see how we have been built you see all these so they all got approval they all got theirs at the garage and life went on as we know it nobody really taking into consideration the third layer that still have this proposed real county originally had this proposed highway underneath their property their residential and the highway is being moved so my buddies getting their land and them and like i said i actually had people come in to our key meeting that brought their postcards with thirty m k and it was kind of ironic that the people that came in either had there's a drainage or they were along th road there's a drainage and another world and when we target by the way right now your property is half residential and house drainage i mean they were like what yeah we're that doesn't happen very often but they all left happy so again commissioner nobody's going to get can the county and more liability the potential for liability keeping the way it is versus correcting it and that's why we've been sued and that's why we've had to pay a lot of money for parcels because of these kind of errors thank you thank you and just to speak to his question as far as grandfathering goes that is that doesn't apply the zoning being a legislative act is that more so than that it applies to uses and here i think what fine department s trying to explain what they're doing is just making that conform to what it should be and again i think it's been explained that there's not to be any issues of condemnation or issues  mr robinson just lastly i understand i think i think clean everything up is a great point where i'm coming from is people made mistakes and then i've been held accountable we we keep permissions and we looked at zoning that was were correcting it now and i think inflation loser house because there was mistakes made or or or there was there was not clear direction on what something should be and i understand that but i don't understand how we can give you know when we turn in plans for  subdivision and we look at as only a map and it doesn't match that it happens that's what i understand i don't know and and i said and you know with we've been the county's been to quite a few times about decision making happen in the plan department that the taxpayers have to pay for so i know this is going to wipe the slate clean and we can start all over and you have to do it anymore but the some point i don't think the community should know what mistakes were made or what things were overlooked if there is a pattern of the same people making the seams the same generalities and same divisions and if you have certain people always getting the don't worry about it we'll fix it later type of thing and it's so it's more of it's it's we're going to fix it it's going to go ahead but to do away with with the information that somebody wants to know in the future you know that's what i'm coming from you know fixing the map not having to do with it anymore i think it helps every single person purchase or a developer or seller and of course the planning department but but the mis and trying to sweep anything under the rug or anything of the sort what happened when the one nine hundred sixty s when council adopted this now and they sa ok this is what everything is so they did so by a legislative action and so when things happen like and so they adopted for instance were you on the highway is supposed to be and then state department of transportation said oh we have a better location this mouth is and we have a better location for this so they built it in another place so we just went to the planners at that time is residential zoning that was the thought process at that time i mean you're talking about fifty years of going into this piece of paper that's up here nobody said i'm going to do something for my buddy or whatever like as far as moving lines but when we went through and i wasn't here when we went to court over this one thing but basically what the court said is ok no this piece of paper up here was adopted by council you can't move any of these lines around those lines are there so if you have fifty why drain it that shows on that map done with  scale whatever that's what those properties are zone all these properties that you thought i think when we drew this map we went ok there should be a drainage way here they didn't stop to think that this fifty yard wide swath was the actual zoning and we were going to have a fifty yard wide drainage way in this location it was an indicator of where the and drain should be and they were going to let the engineers figure it out later but that's not what the court said the court said no this map says what this is and so we allow they put in the drainage way and we allow people  fulfills the intent of this map and we're going to let people build around we didn't have that authority at least according to the court because what's located on that map is fifty yards wide and you know you can't just allow people to build apartments and single family dwellings and all the rest of the things in there so basically we're gone oh my god he  allowed a whole lot of stuff to go through that airport is now saying you know our practices over the last fifty years are in let's correct it all we're not getting rid of the history of this on peter's hard drive there and back in several different places are all the old zoning maps with all of the incorrect meats and bounds descriptions with all of you know everything that went on the ordinances upsetter all the conditions of zoning all that stuff is still there we are getting rid of the history of somebody really wanted to do a forensic study on what happened we have all that information for from going on here that's not something we want to live with these we are i mean really it's been said numbers of times we're examining to what people already think there is only and what the county has already any other question on this one of the so that expand a little bit on what will said part of the problem here is that we're taking fifty or even thirty year old maps and holding them up to impossibly high standards i mean standards that they would know and this map was drawn to lay it out on a table and bunch of people would say i know where that is i know where that is you know it's just it's a it's a model it's a representation under our base for figuring out where these maps were in the real world just using the tax map parcels which at this point are accurate within feet you  know so you just you're holding the you using these maps and way you in a way that they were never meant to be used but it's all we it's all we have it's the only way we can figure out where the zoning is very little problem on the ny or even molex where most of the zoning is just either comprehensive for small changes in zoning just in mali where we've got as you saw all these layers on by product i think the last comment we can't hit home enough is that everybody that worked to provide zoning information for the last fifty years did did the best they could based on information they had so we need to really stress that there was no malice intent anywhere it's just the technology now is so advanced and we need to move with that we need to to move with the times we need to put ourselves in a better place to serve the public better and we can sit here and we can ask questions all day long and you know we can say you know what we need to have a base layer that is accurate that we can give correct information or we can do joe's example of continue to keep our head in the sand and so we hope that you can come along with us and make the positive recommendation as the other commissions did to the county council so that the county can finally have the digital zoning there whereby we move forward thank you i'll make a comment i'm a frequent flyer your current zoning confirmation process and i think this is long overdue i know it's been a lot of work and i'm really happy to see it step  was as our beats you know for officers to respond to this included paramedics this included the fire district to know that we didn't overly that it was so bad that one of our beats was a half mile out at sea since squad cars this is taken so long has there been so careful they've gone parcel by parcel confirming the community plan and confirming what is is there an issue with the property or is or not or whatever and the carefulness in which they went through this i'm i want to thank them it was painful at times how tedious and  how how they did my new show that they paid attention to so what we're coming up with now is something that any accuracy we have we will have when this is adopted is going to be light years ahead of what we have  in session director would like to read our next agenda item commissioners were on public items for a public hearing item to then to dreadfuls l l c requesting a community plan amendment from single family to business commercial here as well as a consultant and they will be doing a short presentation on the project so i'll just turn it over to th final environmental assessment powerpoint there would have been some slight updates but our office didn't have electricity this morning and so as a result of that we'll be doing a presentation that's dated july twenty five but substantively is the same the only difference is that now the finally a has been  granted a fonzie by the planning commission it has been gone through the publication process so with that single entry the young are the applicants and landowners they operate vintage rentals goad civil engineers linda taylor and traffic engineer is philip fortunately phillip has had some health issues recently after completing this report and so he hasn't been able to be here with us  in prior meetings and he was unable to be here today we have reached out to another traffic engineer to be able to continue to represent the project but we don't have one today so there quested action is a  change in zoning the current designation is single family it's r one we're requesting a change in zoning to country town business and community plan amendment from single family to business commercial  preparation or processing of a community plan amid a trigger for an environment of sentiment and so we've done that process we've got a finding of no significant impact we are in the special management area but as i'll show you the proposed action is is a renovation of the existing single family residence and so the dollar value is less than five hundred thousand dollars which qualifies for in a semi minor permit so that's why we're not doing it as a major permit along with the the other applications that we are doing but we did do an environmental assessment which is a robust analysis process and is actually requires more technical studies and an estimate major permit so the project is right on highway and i'm just going to kind of get through some of these attacks mapi you can see the pattern of development so basically a budding highway there are commercial uses on both sides of the both sides of the street to the haiku side of this project there is a church which is country which is the cause of public use and so there's basically a non residential use on both sides of the property and on both sides of  highway and so what we're proposing to do is change that final piece that single family abutting highway from single family to commercial so this is the community plan designation you can see we're a single family if you take a look at facing one highway has the the parking lot for charley's is its neighbor and then it has a church property as its neighbor on the haiku side this is the land use map so the red is the commercial the blue is public was a public and then you can see on the north side of on a highway which is the makati side and all the properties across the street are ok and so you know this is the last lone single family parcel and we're basically asking to take that out of single family and put it into a country town business skill commercial operation so discuss the triggers for environmental assessment the committee plan amendment we presented some of the timelines for the project we presented the draft environmental assessment in november of two thousand receive comments from the planning commission responded those comments we also received comments from state and county agencies we present we went to the urban design review board two times and received comments from them we went to times because there was a rendering face the west face of the structure we didn't have a rendering for it and that was because in order to take a photograph of it from the place there was really anyway long story short there was that they wanted to see one additional rendering so we had two meetings there we went back to them showed that additional rendering and received a recommendation for approval the maui county council is the final approving agency for body for the land use designation changes the county agencies that commented on the project as it is proposed now are the department of environmental management housing human concerns department of public works which administers roadways and right of ways the county my department transportation county my department of water supply state avoid department of accounting and general services state department health state office of environmental quality control and the state office of planning we did receive comments from neighbors on little place during the draft year process there was a concern that luna place was too narrow the applicant proposes to pave loon a place up to the project from the back end of the project up to the intersection with on a highway there was a concern that parking on little place would hamper emergency vehicles and access the applicant will add additional no parking signs to luna place and then there was concern that traffic drives down a place down to the of the street and basically has no reason to be down there and interferes with the general and enjoyment of the community and so the applicants proposing to add signage at the end of their property instructing people that the remainder of luna places a private driveway and encouraging them to turn around within the project parking lot and show you a diagram of that so we are talking about actually a very small parcel this is four thousand four hundred and two square feet there's an existing one hundred forty eight square foot single family residence which is the same structure that's going to remain and is proposed to be converted into a commercial building and then there's a tooth two hundred twenty one square foot garage and a small storage structure the garage in the story structure proposed to be demolished these are photographs of the project site this is looking at upper left is looking at little place from across on a highway with your back to what was your general on the upper right is with your back to the charlie's parking lot looking at the back parking area on the lower left you have your back heading mile go up luna plays and you're looking makhaya at the backside of the project site and then on the lower right you have your back to luna place and you're looking across at what used to be by your general on the upper left photographs you are across on a highway looking at luna place and the parking lot of charlie's and so this is kind of what i was explaining as far as the relationship of commercial bar operation parking lot and a residential use is is not exactly the the ideal use and so we we believe that changing it to commercial use is appropriate for the pattern of development and existing uses that are surrounding the upper right photograph is looking towards louis the upper or the lower left photograph is looking towards the party of fire station past the project site and then the lower right is looking again towards louis on the mild aside on this is a survey of the project site you can see it's a relatively small parcel and then there's a single family residence that dominates the center of the project site that residence is going to be converted into the commercial building or is proposed to be this is  this is the proposed site plan so basically there are three parking stalls proposed in the back in the location where the garage currently is one eighty a stall and then an eighty accessibility ramp on the west side which is the luna play site you can see it here here is an eighty eight ramp and then there's going to be a front deck those are the improvements that are proposed as a result of this project there's also going to be landscape improvements including planting a tree to comply with the count parking ordinance this is the landscape plan imposed over the existing project site so you basically have the existing dwelling one required parking and one required two for the parking lot and then three additional trees proposed three stalls there's a ramp would be under those trees on the west side of the property and then there's that front deck that's going to be on the highway side this diagram shows the existing single family residence on the left and the proposed open floor plan with a restroom on the south end of the building and then the ramp on the west end this is a rendering of the proposed project which basically just remove the existing fence patches creep and paint the existing building and converts it into a commercial operation the existing structure there's a deck added on this is the south elevation this eas elevation is the reason we went to the urban design review board two times they were trying to understand what the treatment of the east side was going to be because of the fence on the charlie's parking lot we couldn't get a photograph that had the perspective of the east elevator the west the east the west elevation excuse me in order to impose the the proposed design on top of it so we had to settle for showing them the the rendering and showing them a panoramic view again the street elevation in relation to charlie's is consistent with the existing character of the community going to be consistent with your town design guidelines as discussed three stalls are proposed a small forty five square foot porch and eighty square foot pedestrian entrance doors and door and window details will comply with the town design guidelines the residence is existing and has been there for some time the roof is going to remain so i plan again sewer drainage is going to increase by point zero eight cubic feet per second and is going to be contained on site and retention the main access is off of luna places which is a private driveway and the county and state have no requirements for the improvement of  the applicant is proposing to pave a full width of little place to the extent of the projects projects boundary there's also one thing that to emphasize is that the  fence that surrounds the private residence right now is approximately six feet high it currently does inhibit distance and so when the three inch fence or three foot fence is added and replaces that it will improve distance looking towards  traffic engineer for paris study we had comment from the police department the comment from the police department was concerned on vehicle and pedestrian movement during construction phase they had no concern or statements of  warning regarding the operation phase of the project peak hours that were measured was seven thirty am to eight thirty am there were one thousand one hundred ten vehicles that passed during the peak now that is on a highway on highways is  uncontrolled in this area so it's basically a t n or section little place with on a highway in the afternoon four pm to five pm those one thousand three hundred forty seven vehicles the way the traffic analysis was done is what we're requesting is is our right zoning the proposed action is a retail or office use because of our parking we are not we're not able to provide adequate parking for any uses beyond that as you saw the property is small we did try to work with the department of see if there was any methods to address that before and then the conclusion was that the only way to do it is is to provide the amount of parking that we can on site the applicant wanted to preserve the existing residence and convert that into a commercial structure rather than demolishing existing building and reconstructing new and so that really that really dictates what can be operated there under existing conditions  so we use the most intense amount of vehicle generation when we did our traffic impact assessment report that was for a restaurant which cannot be developed here under existing conditions but that results in ten so there's some explanation of what level of service is the level of service is basically a grade for any intersection and it's based on the amount of time that a vehicle has to wait to pass through the intersection long story short there's no there's no impact whatsoever to highway it remains operating as a the luna place does operate at levels of service below sea and that's because there's no stoplight there and always the prime highway through the region and this is a side private street that serves a few properties the weight durations that you see are what was measured twenty five point nine seconds twenty four point nine thirty five so in conclusion we did a thorough analysis of the infrastructure and environmental impacts from the proposed action planning commission granted a finding of no significant impact we do feel that the proposed chang zoning and community plan i'm in are consistent with the land use pattern that's existing in the area and is also consistent with the evolution of your town you know there was a time when your town was a plantation town the plantation is closed now and there are a lot of tourists that use that area now they walk up maybe not the most ideal location for a single family residence abutting a bar parking lot but could be functioning quite well as a retail or commercial space that concludes my presentation thank road association since two thousand i want to mention that i have never been noticed about the drought the a meeting the fonzie meeting nor the pi town meeting i'm within a five hundred foot radius of where my residence is in the adjacent manager of the road association which manages the road for these events and so far had i been i would have contributed my concerns and my concern is and i have some photographs i'd like to provide if it's possible madam chair and this is in regards to vehicular access in and out of luna place and also the continual situation of tenants at one fifteen luna place parking on the place preventing trash in utility services to our roadway and some of the cases some of them spending two three nights with their cars parked in the road even though sign and still nothing has been resolved and so i also want to add that the last part of july your former county attorney benny denbeaux was run over in the sidewalk by a car coming out of luna place and this is because there's a telephone pole right on the edge of loon a place that prevents you from looking west down the honda highway so it's the impact which i think we need to consider this in ingress and egress of this residence further there's nothing that stops this commercial development from becoming a larger commercial development for example maybe  a two story converge will involve development presently there's two parking spaces and one handicapped parking space now where the shopkeeper or the office people would park i'm not sure because there's only presently two parking spaces for private or public use in my past meetings regarding the paiute town center  spoke at the county council i mean this the planning commission and also that the county council and they put a place a condition on luna place to the pi a town center that there would be no public or employee parking pass from their development on luna place they also agreed to remove access to their former residence and no longer use luna place for access so i respectfully request that at least at the very least this condition be placed on the development that they monitor and prevent any of their employees or any of their people coming to that now is that it's really requires a very vigilant constant policing of that roadway to keep it's clear there are at least sixteen homes maybe it's fifteen  but they're older vintage wood construction you know homes and any vehicle parked in that roadway would would prevent the fire department from getting in an emergency vehicles from getting in and i think that's a really important thing to consider i realize that it's a private roadway and i don't know how much of a concern that is for for you it's not of public roadway but still that really would impact the rest of us so i guess i'm not completely convinced that it's just the paving of that first area and a few signs is going to solve that problem it certainly is ongoing today i do like that they're keeping the the existing plantation cottage i think that the charm of it is really about the old original structures i think it's really important it's not just the of the bigger fancy victorian mansions like the baltic states and the plantation architecture like that is so important to i think so many people that have grown up here and and really made my what it is so i really like that they're there keeping them refurbishing it but one concern is the future once it's rezone commercial is my understanding is that it really just changes the setbacks you know to a commercial sex back and then at some future point it's possible to just create another one of those new buildings that is there the thirty feet and so i don't when you say your name you'll have three minutes alone her madam chairman commission my name is francine aroma also known as auntie mopsy protect cardia protecting part has become a journey of passion and love for its people we can no longer call it a historical town except for huge store that remains boarded up no sign min no hot bread mom and pop stores are gone what do we have today a lot of the teak t shirts jury store and a lot of vacation rentals and commercial businesses that we don't need private owners l l c partnerships come with intention of building their bank account i am very upset with the information that has been shared by vintage rentals of the communities acceptance of their projects three fourths of the community have no idea of their intent and unless you become an activist like myself and consistently keep track of the meetings that are held it gets lost in the shuffle what is the county's intent in allowing developers to amend the community plan that was designed to keep life simple and sustainable for its people to hang on to the culture and sacredness of the i know and what is the board of commissions intent in your decision to allow more growth where is it is not welcomed i have a meeting with the community and find out for yourself my intention in being here is to be a voice for the people of criteria and of maori to tell you who sit on the board the planning department to stop amending plans and to you finish them out we plan it has already been proven that the plans contradict itself with the short term rentals this project on moon aling has created intentions of other residents to get a permit for short term rental no matter how hard we try to forget about the overthrow of our islands the intentions of those who come with the attitude i want what you have and i'm going to take care of our way of life our mannerisms become on intent so we continue to fight like warriors to hang on to what is ours i ask you not to differ but stop this project they can always do a long tom long term rental renters and business owners within five hundred square feet who could not be here today nine out of thirteen homeowners under the place are currently opposed to this project luna place is a rural country town neighborhood of mostly historic plantation era homes on a one lane private gravel road residents embraced the benefits of close proximity to town but also value under its protection of residential property rights and the quiet enjoyment of our neighborhood without the intrusion of commercial traffic it business here will invite and exacerbate an existing town overflow parking problem as evidenced by sixteen no parking signs up and down our road is successful high turnover business such as a deli food takeout store using three parking stalls each turning over every thirty minutes which generates sixty visits to our road per day and many typical left ten turns onto congested on a highway at a crosswalk creating a potentially dangerous hazard and bottleneck i submit to you for public record forty two signed testimonies of opposition from home renters and business owners within five hundred square feet i can attest to strong community and concerns about on a highway congestion lack of town parking pressure from increased commercial development and growing tourist impact and quality of life please do please listen to the concerns of the community and solve traffic and portion parking issues before approving new commercial development and please listen to nine out of thirteen property owners and discussions from the commissioners the planning department recommend to the maori planning commission that recommend approval on to the maui county council for the change in the running from our one residential to country town business as well as the community plan amendment to me this is an interesting one i mean is i understand the concerns of the residents with what you understand the concerns of the residents of the place the thing that's interesting is what most people are bringing up parkings it's a nightmare traffic is a nightmare and the character of the town has completely change to completely decimate the you know those are the things that i guess i'm trying to mull over in my mind what is the highest and best use for this one particular property sandwiched between a church and a bar  right on the road where we do have shops on all around it across the street you know the character of the town is important  and yet i feel as though what this one particular property can do and you know what is the highest and best use sort of jump through hoops and quite honestly you know we're recommendation and i think this is one of those things that at least for me i'm going to go ahead and vote in favor of the motion to move this on the council and let them make the final decision have recommended seconding motion based upon the fact that this particular property is only situated in a commercial area it is not directly involved in residence public parking if you really need parking for the use of the facility or visiting so all i see is something tha concern is a neighbor's right in back of it to the four people that testified today or actual neighbors that live there and there's nobody that's going to tell me that it's not going to have any impact on that thing if he beats the little  roadway there's nobody is going to tell me that isn't going to change the neighborhood just looking at it you know sort of change i understand where me where my fellow commissioners are coming from one house is not going to save it that's true but one house could be a crack that moves along and causes more cracks to take one and then another one because one house isn't going to change that one house isn't going to change when a house isn't well thirty houses might  i think no i can't support it i can't support it because i think it's going to be detrimental to the neighborhood that exists over there thank you anything or being a legal rental and i recommend that of anybody doing that having said that i'm not for changing homes into a commercial especially but you know you need to make a decision this community plan as tourists re don't get along there i think the crime rate in the finest that happens there is a is a is a portion of that i think it's i think it's getting very commercialized and you know it's so it's not i think i think the council is also going to have a challenge with this because it's going to commercial and i think i think you know i think my recommendation to the applicant is get everything ready and  i mean it sounds like you know sitting on both sides of the fence here but i think you know it is it is a very sensitive issue but i think that where i stand with this is you know when you come to the fork in the road you can go left you can go right you can go backwards you can just keep standing where you are i don't think it's fair to anybody to just keep kicking the can on this to think like ok we're going to end up with you know seven people here and we're going to get you know bunch of votes and we're going to be able to actually have a debate i think when we have  quorum five six people we've got to make decisions just so people can move on with their lives i just think that that's just that's what's there i may not agree with the decision i may not like it but i think that you know we  and you know that may not be what i completely agree with but i can also understand so i think for the sake of the conversation for the sake of everyone rather than just saying he wants to for this was try motion is to recommend denial as a change in zoning and the community an amendment to the county coun this is when it's time to get to be the chair and i actually i understand the challenges too but i also agree with commissioner kind of sally's earlier statement about the location the usage and the sensitivity so i would not be in favor system make that motion no recommendation either way i believe the emotion was that we struggled with this and we're not making a recommendation either way and she had to be on leave due to circumstances beyond our control so i am her supervisor in will be presenting this to you my name's jeffrey jack so this matter arises from an application for a short term mental home permit filed in december the second of last year by gary bolton chris faulty there is one dwelling on the property this proposed for the short term mental home use in addition to four bedrooms there's terminal homes operating within five hundred feet of the property the land use designations for the property are state urban it's within the urban growth boundary for the mylan plan in it a single family residential community plan and counties zoning designation each of those surrounding uses include a single family residential to the east common poly golf course in the south conn a poly golf course and one opiate on the highway to the west and the international calling club common poly course and plantation condominiums to the north the applicable applicable regulations are listed in the report beginning at page for a community plan and zoning which are residential and is indicated is inside the urban growth boundary for the maui island plan on pages twelve to twenty of the report then addresses how the proposed short term rental home relates to the various short term rental home criteria in sections one nine hundred sixty five  that criteria read short term in a home shall conform to the character of the existing neighborhood in which they are situated subsection one nine hundred sixty five zero three zero and directs the department or the applicable planning commission to consider  set of nine criteria some criteria that are listed in the report i want to speak a little bit to create fear number six and read that again that's on page sixteen of the report that criteria is in again trying to help you determine if a project is consistent with the character the neighborhood is the number of permitted short term rental homes surrounding the proposed short term into home property and their distance to the property there are twenty six permitted short term intimate operations with it within five hundred feet of the subject property now note for example international call only club if you look at one of the exhibits you'll see that the five hundred foot radius touches just a southern blade boundary of the overall international calling club property but it does technically mean that the property is within the five hundred feet and so that is how in part how we get the twenty six of the twenty two actually within our national polling club there are also for on a place there is one b and b on the same street as the subject property and as of june thirtieth of this year there were sixty five permitted for terminal homes in the west my community plan region where the cap is eighty eight and there were ten permitted b and b s in the region where the cap is eighty eight as this may be a high concentration which among other things could affect the commission's conclusion as to whether or not the proposed short term mental home conforms to the character of the existing neighborhood the department will offer your recommendation of approval or denial to the commission i believe the applicant or the representative debbie mitchell would like to g point presentation thank you are there any questions at this point  all right i'll bring you in the to the area itself could see where the marker is it's just i'm out of highway thirty and located right above north kind of poly beach in the center of the resort area again little for there you can see the international colony club up there to the north and master's condominiums and then the developments of the western and  moving in on the aerial view and see where the house is located again this group of houses is located right on the eleventh twelfth and thirteenth holes of the royal kind of poly golf course so it's club that you can see to the top of the picture and then empties out to collect a place and that is the main road through the development this is looking over the house as you can see it runs the golf course and has a significant driveway down to the property so it has very adequate parking per the regulations of this ordinance again taking a look down the it is at the end of the cul de  sac and it did have significant mature foliage which is very helpful for noise abatement this is the surrounding area that shows you the turnoff from highway thirty it's heading up the part of holly hill side the little side street there is cow up to street and there the old railroad tracks for the sugarcane train as well as the access road this is telegu drive itself which is used to drive up  place that is a privately held road both of those are privately owned and this is pull up a place the top left picture at the very far in this where this residence is located this is the house itself and it has the advantage of being set down into the the topography of the land so that you as you look in your looking straight at the middle of the house all it makes also for more noise abatement there because it is lower than the surrounding street again you can see the significant mature foliage surrounding the house there is a large two car garage and plenty of parking for two in the driveway as well so there is a total of four parking spaces which is more than adequate for the ordnance purposes the exterior of the house is dizzy and idea of down in the property the other two views north and south are completely covered by landscaping that it is a two story residence the bottom floor has master bedroom and second bedroom they're all in seat backs so each has a separate bath for it and then up the stairway there are two additional baths bedrooms and bathrooms and the media room this is the entry of the house some lovely little glass doors the kitchen just large and spacious dining room and kitchen kno the living room is again very large and spacious and opens to the west to make the most of you the media room upstairs is large as well and the four bedrooms the two on the appointments there is a large pool and the location of the pool is to the front of the house so that any noise from the pool to any other neighbors would be muffled much by the house and the topography of the land in addition to the foliage there is a little bit of interest in this house was built in one hundred seventy five and it was owned by dennis de and his wife mcnulty moved out here and lived in the house until her death she moved back just right before she passed away so the house saw a lot of interesting visitors during their time there because they had very much hollywood collection connections and so it just has that point of interest in terms of the or did so we didn't notify everyone twice within five hundred feet an ad was placed in the and we did receive to protest letters which are in your packets they are as you know i have done several of the applications in this area and they are ones that i have received from you for the first is from a joan m which is in your packet and she lives in the master's condominium section and she is worried about traffic although there are no shared roads other than the highway that the masters has with this particular location the other gentleman was across the street mr klein he has also he actually was writing in to protest three of the applications of which to have already been granted ours is the third so is the letter that he sent there as i mentioned in your packet ours was one of the t m days that he listed we did write to these folks and the owner has gone to the houses to meet with them and discuss however mr klein does not live on  island so was not able to make connection with him other than the letter and again as jeff says there are four other permitted homes within five hundred feet and the one bed and breakfast  have a little graphic that shows you the five hundred foot radius at the very top there is recently granted a short term rental home the blue dot at the very top and you can see how very small  is into his lot and then the twenty two that are for the international colony club you can see that's the only incursion on that lot but of course because it's one t m j we have to consider it all so that just shows you the location of the spread out throughout ms merrill lives in the brown buildings to the right side of the screen that's the masters golf course i'm sorry masters condominiums so that just gives you a little visual on but my name is crystal t on behalf of my father and myself to a story about us my grandfather was stationed in hawaii doing world war two came back in the mallee in the early eighty's and my father and my grandfather purchased a kind of children i've had children also we're very excited for our family to spend more time on maui and they'll also be at the all one time spend the holidays also on the ground this year a plan in families staying from thanksgiving to february at different times with different groups of people i personally reached out to the neighbors on the street and tried to eliminate or answer any concerns that they had all that have such a mission as approve our short term permit so we can share our property and knowledge with many other people on why is this particular one have no recommendation from the department with the map that was shown in and in and something similar also in six a just look at th little subdivision and the and if this is granted then thirty seven percent of the homes within this small subdivision are going to involve some kind of  rental there's one bed and breakfast the other would be the fifth short term rental on this one sixteen lot subdivision there's a number of ways you can look at that first i look at that and they go ok what was the purpose and intent of the short term rental home ordinance it was to protect the carrier to allow these kinds of uses but to protect the character of the neighborhood ok so there's five short term rentals and one bed and breakfast is the character that neighborhood still protect d i really can't say one way or another there there's also an argument to be made since this is gone a poly and it is a resort area why not concentrate these within a changing the character the neighborhood or is a better to just concentrate the uses these kinds of uses within the area the largely resort oriented anyway i think that's a n't always been there when you purchased the property was that already there that was us and it is that you guys propose to receive people at that location or have you discussed that with your agent it would be through the driveway through the series of twenty two normal conditions you should find familiar they are listed in the recommendation report should you favor we would ask you recommend that you prove with those twenty two conditions but also if you if that you conclude that it doesn't meet those applicable standards and then please help us out by identifying which standards with which you feel it does not comply so that the department can do justice and do some service to you as you adopt the that with along with and consider the reports you have is as the findings of fact inclusions law decision order and authorize the director transmitted on behalf of you however again should you choose to deny that you please identify reasons and request us to bring back to a draft decision in order to not thank you anything they only have one requests for service and that was from the consultant for early a consultant requesting copies of building them there have been no complaints and the police department couple areas there were like three or four short term rental requests and we approved it because of the fact that these people apparently are part time owners and  common goal and it sounds like this particular community is also similar to what it is and if you really really want to have any short term room they should have a gated community because this particular community is small enough that you could have one and not have outsiders come here and the other concern i have is that as i look at the price of hotel rooms  out i can see why this address would be attractive to places like this because you're looking at a beautiful place and they're going to play a part the same price and that really controls whatever happens in any community because if there is any disruption it is the owner's responsibility to be sure that there is no problem so in that  go for a second and i would like to just get clear on what exactly your motion is  but there is not solve for short term rentals to residential area maybe a wealthy residential area on one hand we're saying you know the person only lives part time so we shouldn't worry about that people their part the time the the time are saying well because the people live here a short time you know we should allow them to rent it out you know we can't decide who's better as we're short term people live here they live here they pay their taxes you know i think that's that's that's an equal i think that if if one person doesn't want to turn forty percent of his neighborhood into a rental because they purchased it that way i think it's a valid point in being here have to time still have to time and he still bought it in a in  area that's residential and that's what i always come down to it's not about people wanting to find a location that's not a hotel that's called t v r's that's called timeshares as we have we have a market for that this is a new market where people  financially make money for homes and this is a proven proven money maker is put rental hotel that you don't have to pay certain fees and certain things that hotels have to do with security and particular one is the fact that you know at what point do we have the breaking point in a neighborhood you know i think that's the thing you know we have one two three four five sitting there one of those we approved unanimously within the last couple of months served on like ok is this one the breaking point is the next one the breaking point you know where do we where do we draw the line i've known this neighborhood for twenty years plus in my personal opinion this is the character of this neighborhood you know it is you know there's very few people that lives on that street if they do you know there's a you know it's a very well to do neighborhood you know the folks that you know come and go they don't live here i mean i'm not saying they don't live here you know but it's the the character of this particular neighborhood is one of on a poly it is one of you know resorts feel so you know in that regard that's why not having requests for services and not being in business prior we don't have a lot of opposition from the community mean try a mission or robinson i could be persuading the future to change my stance if the home owners of the other  fifty percent or sixty percent had letters of support for this if the people in that island know if there's if there's one person that's that's holding back fourteen that's one thing but i you know i'm not hearing from those other ones as proposed except for one it's still less than fifty if that's the neighborhood and that's what the intent of the neighborhood is and the neighbors are for i won't stand in the way of that ok so when we differ is assuming this is deferred but we would do we give the applicant an opportunity to go talk to his neighbors and see if we can get some support letters my experiences is that a lot of people will just never write support what they d prefer to base on one way or another but we can also get you additional information on the character of the neighborhood the mailing addresses of the other owners cetera and you can you know we'll try to provide for you yes thank you chair i would just make sure that the members focus on what the requirements of the code are and as far as community input if you look at the staff report there are only two letters protest the fact that there aren't fifteen letters of support is not necessarily indicative of wide scale approval or disapproval all the you have before you as a factual basis is that there are only two written letters of protest which is a significant minority right now so that wouldn't be a factual basis on which to support a denial if it's going to be deferred i would say that even if you don't receive further letters and support that again itself the nonexistence of a fact is in fact nonexistence so i would just say you may request that the applicant go out and try executive session for this to confer with her but we're not going to come to consensus i mean we're not we're not going to get it we're not going to get it niall and we're not going to get approved so it's just like ok so i'm moving to defer where we can either get enough information to come to a decision or have enough bodies here to get five people to report the people disagree and terrify me yes commissioner you can certainly make that motion to defer without any clarification and the applicant can do whatever they choose to do in the interim based on what he's heard here and then the members can do what they do and of really even more members next summer be able to review the record and give them are only two objections out of sixteen what's the reason for delaying it or defer yet when we already know that most of them are not in the section to having this particular application sort of i'm a little concerned about that based on the number of commissioners that we have here at this time we're not going to get a motion so the motion to differ i feel is the best way to this point six of those other people have short term money making operations in this property of the sixty two are opposed to it so what is what i don't have is i don't have people that are the silent ones and i'm here from here from people who have a financial interest in it i have some people that are opposed to it and my vote now is to be opposed to it but i might change my mind if i hear some that are for it that i haven't short term rentals that there's clusters of homes to protect to protect neighborhoods so it doesn't have to be only if there's two against fifteen i think once enough against fifty if part of what we wanted to do with this with the short term rent preserve neighborhoods so you could have ten rentals and only against one guy but that one guy could so say you know i want to preserve it so i want to go with the other people who don't have financial interests and that's why we think that hopefully a deferment and given that but can some times you know we can maybe hear from them since they were there and heard from today that so there is no recommendation from the from the planning commission all right you have a motion on the floor  for michael deemed milton a and michael pm mark hurd the markets wish to operate for better in short term than a home in two dwellings that sit on eighteen thousand seven hundred thirty five square feet of land located at nine seven two french street  to be a little more specific about the location just north of the commercial area in la you know as the commercial area gives way to some of the residential homes where they where this property is located  here you can see the applicant's property right in the center that surrounded by a fence on four sides just north of it is the line a united methodist church just south of it are two residential homes as sara pointed out the reason that we're here before you today is because there are two other short term rental homes within five hundred feet the applicant's property is shown in the center of the circle there in the circle is the five hundred foot as far as this permit goes if we didn't have the two within five hundred feet this permit would be granted at this point and the regulatory concerns the house has passed a third party safety inspection smoke detectors are present in each of the bedrooms fire extinguishers are present in each of the two dwellings there's fire exit plans posted in each of the bedrooms there happens to be a fire hydrant fronting the lot while that's not a requirement i know that in the past some of the commissioners have been concerned about where the nearest fire hydrant is there is one directly in front of the lot and the house rules including quiet hours and all parking on site are present these folks have never operated as a short term rental home they have secured their general excise tax than trends and accommodations tax licenses should this permit be granted as a condition of the current there are four bedrooms that will be rented out in two dwellings however the two dwellings really live as one dwelling as you'll see in the pictures in the intention is to rent it out as a single four bedroom welling the property is held as an l l c it's made up of the family members three of which are here today and there's three other family members that are that are part of that l l c but they're all immediate family members notice of this application was sent by certified mail two hundred four property owners within five hundred feet on july third notice of this public hearing today was sent to the same hundred four property owners within five hundred feet on september eighteenth and notice of this public hearing was published in the maui news on september twenty second is significant i believe that we received no objections from any of those notifications of the septa kitchen if you look at the at the property the first picture is the front of the main three bedroom dwelling and then directly behind the three bedroom dwelling is the swimming pool that you see below and then directly behind that is the ohana dwelling there are separated you'll hunted welling in the main dwelling are separated by just swimming pools so when you're using one or the other it's basically one common space if you will shot of the front of the property showing the driveway and you can't quite see it real well in this picture but on the left is the is the fire hydrant fronting the street there at the end of this driveway is a parking area for four cars off  some pictures inside the property the kitchens shown there the living room four bedrooms as i said the bottom right room is the one that's in the ohana dwelling that opens right out to the pool and the three other bedrooms are in the main house i want to bring up the applicants right now to tell you about this property because i'm really honored to be part of this this application because this is really a special property that was owned really special person who i think you know you want to hear about so you can understand exactly what the family wants to do here so i'd like to bring up michael moore card to o to take over the presentation at this  point good afternoon ladies and gentlemen my name is michael marquard we have kind of an unusual history on this property and actually goes back to fifty nine years and nineteen excuse me one hundred fifty eight my mom alexander affectionately referred to as two two was able to put together a chamber of commerce o go up the west side of the island of maui she was on the right hand side of the airplane or she looked down when they were passing over she said that's what i want to live it turns out shortly in locks built into the doors of the house that's changed a little bit and a line at that time was like a ghost town after five o'clock at night mrs more calmly had a little restaurant and if you want any dinner at five thirty it was all over out to the beach and come on a poly and sit there for two and three days and maybe see after some people he went to the north side of the island you could be there weeks and never see anybody nineteen sixty three is one of the present property was acquired it used to be the home of the assistant manager of the pioneer mill it was an old plantation house which if you have seemed to have been remodeled it is noted that fairly recently within a couple of years we were tracked soon estate planning purposes did transfer the property and to an l l c was it the fifty four years ago when the house was acquired the title changed just a few years for generations of people that have been raised on the property in the future we intended to keep it it's our future home but we need and appreciate a little help in order to preserve and to keep our property and our fifty four year tradition intact thank  you i'd like to could bring up my not to be confused with michael who just heart her card who is looking after the home and looked after his two two in this home for the last many years to tell you about the operations and such primary thing we want to do you are my primary function was to take care and to do that i also worked on the house painted a couple of times kind of a pain in the golden gate bridge you can just go around and around and around the tile you see the cabinets and stuff in the kitchen and my career and i'm on front street every day obviously we're not just someone who just bought a house and want to just make a bunch of money we want to preserve the house we want to preserve our legacy we're going to be out in six generations soon recently and you know i always working on it when she was there i said she liked it maintained well now as i was charmed to get to work on it for anyway we have a lot of family that use it we will continue to use it we have friends over in our cousins and things like that and hope and just rented we don't want to rent it a lot we want to preserve the house we want to be very selective in the people that we rent to are going to re thank you chair i thought that was important that you that you met the family because this is really a family endeavor i truly was honored to be at this house and feel to monitor that there too to brought to it it really is a special place and the only way that these family can hang on to this house is to have the ability to do this short term rental and that will allow them to keep it up it will allow them to continue to enjoy it as a family and i think that it will really be a true asset for the people  london because this is a special place well it's not a historic home per se ok it has a whole it's a home with a lot of history and allowing this family because the ability to continue that history i think is really important please come forward state your name you'll have three minutes hi my name is michelle saying i am one of alexander's grandchildren i grew up over here and unfortunately i guess circumstances beyond our control i currently reside on the mainland with my husband and i felt it was important to travel here today to be part of this presentation this really is our family legacy this is our home you know as we mentioned my cousin helps manage our commercial properties but i mean this is where we all grew up as children my children learn to swim at the beach the same place so i learned not something that we're just trying to preserve so that you know our future generations and cousins and grandchildren great grandchildren can continue to come here and that we can make the sustainable for the next generation and hopefully keep this in our family we've always been family run we continue to be family run and this is our pride and joy and we really are looking forward to the opportunity to share it with others right airing on we'll have the department's recommendation the applicant has demonstrated that the short term in a home permit meets the criteria for well the short term and a whole meet the criteria for short term in a home permit to propose a series conforms to the character of the neighborhood there are two other s here each is within five hundred feet and are located across the street just north of the property along the shoreline given that the properties located along french street near commercial uses which are drawn for tourists we feel it's an appropriate location for us to reach back on in full as of september thirtieth two thousand and seventeen there are sixty five permitted a series in the west murray community plan region the  aesir each cap is permits as of september thirtieth two thousand and seventeen there are also eleven permitted bindi's within the west my community plan region and the camp is a permit there are no complaints to the department or protest to the short term rental application neighbor notice was provided twice once for the short term in a home application and more recently for the public hearing potential adverse impacts including noise traffic and trash are considered however the permit will be limited to one group at a time so the impact should be comparable to those of a homeowner occupant or long term mental tenant so the department is recommending that the my planning commission approved the permit subject to twenty two standard conditions are also recommending that the my planning commission adopt the planning department's report and recommendation prepared for today's meeting as its finding a conclusion of law and decision or an order and to authorize the director of planning to transmit the decision in order on behalf of the was granted with condition number each would says that just retooling be removed from the scope of the application in place into the long term mental market for a period of three years until august thirty first two thousand and nineteen the permit request was for six bedrooms thirtieth two thousand and sixteen on november twenty second two thousand and sixteen m p c declined to hear the motion and on may twenty third down put into tourney submitted an amendment for permit terms conditions and times to be rationed to amend the permit to include  few comments as a matter of background marianne schober and her late husband dennis purchased the property in two thousand and seven the plan at the time was to build a home for them to live in full time they have three children they were all younger at the time they completed the house in two thousand and seven moved in they began attending a church the children started to go to school in maui  unfortunately due to economic reasons they were forced to relocate to the mainland in two thousand and nine stayed in the mainland for a few years came back in two thousand and eleven state of mali again for a year and were forced to relocate back to to the another period time they in two thousand and sixteen they applied for and were granted a vacation rental permit for the property they met all the requirements and standards for the permits there were no objections submitted in response to the op cation staff recommended approval and the commission ultimately approved it subject to the standard conditions and the condition number eight that we're here to respectfully request be modified the condition at issue is the exclusion of the accessory dwelling or the ohana unit that's part of the home since the applicant of say obtained approval from the commission they fully complied with all the conditions there has been no complaints and no objections to this petition or this request they have paid all taxes insurance and all applicable expenses required with the property share the main house with people that have visited bali unfortunately they've not been able to rent the cottage and have complied with the condition and not attempted to rent it the i have three reasons that i just wan of highlight as to why i believe or why we're asking for the amendment first the the amendment is consistent with the character of the neighborhood and what the home was designed for and the intent and i just want to point out that in and i think the last edition was correctly decided the the last approval that was just granted had a very similar layout to our application and in that looking at the site plan it has a ohana unit and a separate residence and i'll show you a couple slides of our property but if you do refer to the site plan of the permit that was just granted it's a very similar layout as our application and there was in a condition that was imposed on that one i think that was the right decision and i what i would like the commission to recognize that our property should be subject to similar check the the removing that condition is consistent with basically the design neighborhood the whole was designed as it was never designed is to serve two separate homes it was designed as a private private home for a large family there's a separate ohana unit and a separate main house for the main family to live in the shoulders and their children and when they have guests stayed such as her to the shoulders to you mr shoulders mother or sister that regularly come and visit the there's no privacy between the two living spaces they have shared amenities shared dry way one lean driveway common barbecue common pool area with no privacy the other point on this issue is the c c and r s for the subdivision prohibit c p r on the property so you can have separate uses at the same time so treating it as a short term rental in a long term rental would be inconsistent with the intent or character of the neighborhood the issue with respect to renters you'll hear from the booking agent but in short the the shoppers have been forced to turn down large groups that are seeking to rent in six bedrooms or large or large accommodations which they cannot accommodate at this time and also there's been several renters that have wanted to stay there but have not been able to because or should they have not wanted to stay there because of the kind of concern that someone else could be staying in the cottage and you'll hear from jod dog who will test will explain that issue the other issue is the shoppers had always intended to live here full time and they do come back regularly they come back three to four times a year and when they do they use the whole property and enable for them to do that that's one of the reasons why they applied for the permit and unfortunately this condition would not allow them if that unit was rented the other second point i wanted to raise is that the taxes the shoppers are currently a commercial rate for the entire parcel based on the short term rental as a result they're paying more taxes for something that they're really not entitled to use the amendment would be consistent with the way the property is taxed and will provide greater revenues for the state in terms of property taxes g e t lastly i want to point out that this amendment is consistent with other permits in the state  as far as we can tell looking at the permits that have been approved and we're not aware of any other similar condition that's been imposed the code that's in effect permits six rooms with two structures  this permit will allow us the best the highest and best use of the property and that's what we'd be granted i just want to comment is that through the course of this project i really gotten to know marianne and her family i got to meet her mom and sister yesterday and i can tell that they're not here just to make money they really want to become a part of the community they sincerely want to simply just share the house with with guests and visitors and they've shown throughout the course of their ownership of the property that they've always done the right thing and they're trying to do the right thing here by coming to the commission and hoping that the commission will see kind of what where they're coming from it really is a kind of a great opportunity for people that want to come and visit and stay in a large home like for example i'm going on a family vacation and we're looking for a home just like that and we're staying kona and there's not that many opportunities like that and i think this is a good opportunity not only for the shoulders but also for the county and visitors to appreciate and share that share their home so with that i'm going to show a couple of slides just to familiarize the commissioners with the property because you may remember when i was  e so this is actually a shot of the cottage and this is an area of where the property is located this is a closer image and here is an aerial photograph of where the property is located i'm sure a closer one that can kind of set the layout so this aerial photograph kind of shows the properties you can see there's a long driveway in the structure of the top of the page is the cottage  that's excluded and the main house is towards the bottom the blue circle area that is the swimming pool and the agricultural portions of the property is the is on the bottom both sides the property and towards the top and these photographs are just another image just so you can see the orientation and layout of the property as you can see there's this long one carneiro driveway that serves property now i'm going to turn it over to the area my name is mary and chauffeur thank you very much chairperson members of the planning commission i appreciate the opportunity in considering my request to remove the condition number a pretty short term rental vacation permit my husband and i came here thirty years ago on our honeymoon and in love with maui and said wow how can we move here people actually get to live here how could we do that well twenty years later when a lot of a lot of hard work and a lot of blessings we had that opportunity and moved here in two thousand and seven since then we've had a lot of things happen that have been beyond our control that have pulled us back to the mainland we had to move back in the two thousand and nine downturn we do have a family business over there on the mainland that we had to go attend to  i'm sure everybody was affected here and yet we said nope we're going to we're going to get back over there came back over in two thousand and eleven we had some things in two thousand and twelve that were crazy that happened and forces back to the mainland once again our intent has never been to we never wanted to rent it out we wanted to live there we wanted to live there full time our intent was to then after having to move back get the kids t school and and live there full time and that still is my intent cottage really when we bought it we said we really do need a separate cottage unit because we do both have six siblings so twelve siblings combined we have a lot of people my dad comes from a family of ten my mom from a family of five kids so there's a lot of cousins a lot a lot of extended family that obviously want to come visit so it's a good thing  kids the condition that we not include the cottage creates an issue for the use of the property if we do go ahead and long term rented it really excludes us from coming and using our own property when we are able to come  we typically travel with grandparents aunts and uncles and friends depending on the year and time of the season we have three generations at a time being there and sometimes two but there's multiple generations my parents stay there for probably three to six weeks at a time throughout the year also with or without us we use the whole property it really is designed for one extended family it's really not set up to be two separate units if you had another family in there it's just that the privacy is totally gone  i think the biggest thing is a please know my heart is a really really cool property we've put hours of of labor into it my kids have been out in the cocoa fields  changing drip lines and you know learning how our culture grows we continue to have all agriculture the whenever anybody comes up they always go wow this is a really special place and my feeling is i would much rather share this place with other people than just close it up and have it for ourselves i think that's awful to not share with other people it's much better to share  obviously if we were able to read out the cottage you would bring in more revenue for the county also through taxes which is a benefit for both so i look at this is a win win situation you guys get more taxes and we get  share it with more people and i thank you for your consideration for landscapers three pool people among terminix in the whole bunch of other everything you need to maintain the property and keep getting good condition the other thing is we get so many requests for a multi generational families that needs a bigger place they don't want to stay in a hotel good example is when the way i met mariane is my father passed away about seven years ago and i just happened to meet her through a friend and she offered her place because i have family members from all violent and it was so nice to be able to all be there for a week and celebrate his life and all get together and since then i get so many requests in there like you know mom want through but she passed away but we're still going to go and carry on her legacy and they need six bedrooms and i already we only have four you know we can have to stay in a hotel and you can all congregate here and you know plan the funeral whatever you need but it because who do you put in the hotel you know everybody wants to be together and we're very strict by the rules to parole you know we want to follow all of the conditions and everything and that's the intent of it  we also have groups like local yoga they want to have to this retreat here in order to do so they need the the room for is not enough to make it financially worth it for the year with the local yoga instructors in the local ships that come up to the house in teach everybody how to cook and everything so that actually the main reason is the home attracts the privacy and i don't need to explain that to you we when we beat that up today people want their privacy is not made for two families who share the same property and we end up losing a lot of visitors coming there because of that so i just wanted to let you know what it is like from the bookings standpoint division no ok thank you for the clarit of a question actually for the applicants as well so when you are talking you'd said if we were to put a long term tenants in that so that means currently there is not a long term tenant and perhaps correct so you realize part of the condition was that you agreed to put in a long term to know if the condition was to consider so i guess my next question is for a corporation council as i read condition a it says and placed into long term  so i guess i'll ask you for an opinion are they in violation of the permit by not doing we want to get into a discussion on those topics i think again and we say no do i need to go into executive session or do we need to go into executive session to get clear with what our rules are and not as far as how we handle like what does the legal ramifications  specific if you're just talking about you know whether you can vote one way or the other that's why you're here today is the questions put forward to for your vote to either  under the code and in that's the basis for our current petition that we're seeking an amendment to the existing permit and i just want to go back to one thing that i mentioned earlier is the previous applica has literally the almost the exact same land configuration where they have a no honey unit in a separate main dwelling and that condition was this condition was not imposed and the shoppers again they just want to do the right thing here they really want to rent the entire property out and share it and i think it's the right thing i think it's a fair thing to do under the circumstances mr salley this disc is this particular property is it connected with a walkway but i'm not going to not certain i was just looking at the site when there was i saw but in terms of the layout of the property i think they're in terms of what the commission is considering i believe they're pretty much consistent ok so then one last follow up question on that is the are these two properties these two dwellings separated by a driveway yes this was the previous application separated by a houses originally built the builder built the retaining wall higher than forgive me i don't remember the spec six years ago or nine years or whatever it was higher than six feet we that's just how he built our whole house was signed off on by the county of maui then three years later they come and they say no now it's out of compliance and we said well we thought it was the whole house was signed off on so what changed and i won't go into the background of all of it but we did have a carpenter come in and literally three feet of the wall to make it in compliance  there was there was a time in that area when many walls were too high and it was a long drawn out process to bring everybody into compliance it predates me but we are in compliance cases and it's there in compliance now this is this is not and we did not intend to there was no intent to build it higher than it's what the builder put in there was no malice inten kind of silly if if no other commissioners have any other questions i would actually like to make a motion to go into a very brief executive session to discuss the corporation counsel  application and without conflict with agricultural uses on the property or in the surrounding area there is an implemented and approved form for the property as desired use will not adversely affect surrounding properties residential agricultural neighborhood is characterized by single family residences on march agricultural much the number of guests is limited to one group at a time and up to two adult guests and two minors per that room there are no records of disturbance reported to n p t there were no letters received by the department there's no indication that the proposed use would unreasonably burden public agencies there are unusual conditions trends and needs the district boundaries and rules were established b n b short term mental and decision in order and to authorize the director of planning to turn smith said written decision order on behalf of the planning commission selling move to approve as recommended by staff that the applicant not agreed to this condition as i recall they would have been denied this application because they agreed to this and we passed it and so now they're coming back and asking  to to remove it with which i made the motion to do for reasons that i just feel are necessary so i'm not necessarily happy about we meet this afternoon to discuss the details for a land use commission's special permit amendment submitted by the property owner briana everett for the operation of harness trade when college which is a proposed short term rental home three zero zero nine one zero seven the owners of the property currently hold the land use commission special permit sep to two thousand and twelve zero zero three for a bed and breakfast permit number b a two thousand and thirteen zero zero zero five and also operate a successful family owned flower farm registered as one a trade when tropicals the two point one six acre property was previously part of a five acre flower farm owned and operated by the applicant's family for the last twenty seven years the property is where the applicant grew up and in two thousand and eight the original five acre per person was subdivide two purses the subject parcel was purchased by the permit holder briana everitt and the permit holders mother retain the remaining two point eight four acre parcel and will also be the property manager for the short term rental operation the applicant owners who request a short term rental home permit in order to continue with the vacation rental operations a bed and breakfast hall permit will stay in place until the propose share a few procedural matters with you along with a few slides for the project to bring you to bring  this is one of the two rental properties of one of properties cottages on the property this is the entryway to the property from the main road overview of the agricultural zone property like i said it's a flower of existing flower farms a lot of these are ornamental that you see ornamentals examples of some of the fruit an orchard banana has a prominent sign indicating location this is a screenshot of the web site that they use for their advertising for the flower farm they distribute the ma and also sell locally as  another overview of the property and those are both the two cartridges the two bedroom cottage is that were the subject spar with the above second story overlooking the property a few more procedure items just to bring us current in july twenty fourth two thousand and seventeen the military department mailed a notice to the to the applicant appropriate state and county agencies notifying them of the schedule an advisory committee public hearing held on august twenty ninth two thousand and seventeen on july twenty seventh application mel the letter of notification your location map to all owners in recorded b c s adjacent to the subject property describing the application and notifying them scheduled one advisory committee hearing date time in place on august twenty ninth the one advisory committee reviewed kasia request to amend the existing land use special permit in order to operate a short term rental and after due deliberation and receipt of testimony project presentation and exhibits questions from the ha see responses to those questions by the application and planning department and the staff planners presentation of the department recommendation to one advisory committee recommended approved action on the project to the mind planning commission so are there any questions at this time anybody wishing to testify please come forward i'm the only one so so i'll take the opportunity to say i stated this place twenty years ago state your name probably and and i stayed here twenty years ago when the applicant i think was twelve years old and i can tell you one thing about it it is a genuine sour form these these folks harvest their flowers they sell their flowers and that is you know one of the criteria that you're evaluating are the agricultural uses taking under item g director support number one we are notifying the commission of unification of september twenty seven twenty seventeen so we lost recommendation from the department application and without conflict with agricultural uses on the property or in the surrounding area there is an implemented and approved form planned for the property as desired use will not adversely affect surrounding properties the residential agricultural neighborhood is characterized by single family residences on larger cultural lines the number of guests is limited to one group at a time and up to two adult guests and two minors per droom there are no records of disturbance reported to n p t there  letters received by the department there's no indication that the proposed use would unreasonably burden public agencies there are unusual conditions trends and needs the district boundaries and rules were established b n b short term mental decision in order and to authorize the director planning to turn smith said written decision order on behalf of the planning commission selling move to approve as recommended by staff the as i recall it the applicant did agree to this condition it was ok with this condition at the time obviously something's changed but the irony of this is that  the applicant not agreed to this condition as i recall they would have been denied this application because they agreed to this then we passed it and so now they're coming back and asking  to to remove it with which i made the motion to do for reasons that i just feel are necessary so i'm not necessarily happy about the way that the ball bounced this is just where we are and i just wanted to go on the record by saying that it was that was my recollection of how things were actually in a further discussion on the motion we meet this afternoon to discuss the details for a land use commission special permit amendment submitted by the property owner brianna everett for the operation of harness triggering cottage which is a proposed short term rental  three zero zero nine one zero seven the owners of the property currently hold the land use commission special permit sep to two thousand and twelve zero zero three for a bed and breakfast permit number b a two thousand and thirteen zero zero zero five and also operate a successful family owned flower farm registered as one a trade when tropicals the two point one six acre property was previously part of a five acre flower farm owned and operated by the applicant family for the last twenty seven years the property is where the applicant grew up and in two thousand and eight the original five acre per person was subdivide into two purses the subject parcel was purchased by the permit holder briana everitt and the permit holders mother retain the remaining two point eight four acre parcel and will also be the property manager for the short term  operation the applicant owner's requests a short term rental home permit in order to continue with the vacation rental operations the bed and breakfast hall permit will stay in place until the propose they share a few procedural matters with you along with a few slides for the project to bring you to bring us current this is one of the two rental properties of one of properties cottages on the property this is the entryway to the property from the main road overview of the agricultural zone property like i said it's a flower of existing flower farms a lot of these are ornamental that you see ornamentals examples of some of the fruit in orchard has a prominent sign indicating location this is a screenshot of the web site that they use for their advertising for the flower farm they distribute the ma and also sell locally as  another overview of the property those are both the two cartridges the two bedroom cottage is that were the subject spar with the above second story overlooking the property a few more procedure items just to bring us current on july twenty fourth two thousand and seventeen the planning department mailed a notice to the to the african appropriate state and county agencies notifying them of the schedule and advisory committee a public hearing held the scheduled one advisory committee hearing date time in place on august twenty ninth the one advisory committee review their application request to amend the existing land use special permit in order to operate short term rental and after due deliberation and receipt of testimony project presentation and exhibits questions from the a j c responses to those questions by the application and planning department and the staff p presentation of the department recommendation to one advisory committee recommended approved action on the project to the mind planning commission anybody wishing to testify please come forward i'm the only one so so i'll take the opportunity to say i stayed at this place twenty years ago state your name probably and i stayed here twenty years ago when the applicant i think was twelve years old and i can tell you one thing about it it is a genuine flower for these these folks harvest their flowers they sell their flowers and that is you know one of the criteria that you're evaluating are the agricultural uses taking place there genuine and will the short term rentals use or bed and breakfast use that and i can say based on when i was there it's a compliment each other very well thank you anybody else wishing  under item g director support number one we are notifying the commission of unification of september twenty seven twenty seventeen one through quite an extensive process for environmental assessment and estimate major to build a rivette man on fronting his property in on an estimate permit of the development project