today here we have commissioner john pel commissioner william a commissioner believe you can and commissioner laurence and myself department of planning as well and from the state office of planning the coastal zone management office we have just seen me polly who is the program manager and chill she part of my pronunciation i apologize he is the s m a coordinator for the state and before we begin the meeting i just want to open with a with a few remarks for those of us who were here last meeting i don't think any of us want the same thing to happen today as happened last meeting so we're going to set some ground rules so first and foremost let's remember to be respectful with one another today the commission is going to discuss some items that some of the community feel very passionately about so please understand that each of us here at this table are here to listen and consider your testimony and also consider the applications for public testimony please address the commission not the individual members of the commission we sit as a body not individuals we need to testify only on agenda items and that's the way all county boards and commissions are run so if you want to speak today we speak only on agenda items items that are found on the agenda when you come to testify please state your name and the agenda item you're testifying on and we were going to ask that you limit your testimony to three minutes if you haven't finished your testimony in three minutes then you'll be reminded and you'll have an additional thirty seconds to conclude your testimony if at that time you still have not concluded your testimony you will get be given an additional two minutes to conclude your testimony after everyone who wants to testify has testified please remember this is not a question and answer session the most high commission planning commission can only take testimony i'm ok planning commission rules don't allow for question and answer between the public and the commission the commission will not tolerate any personal attacks or personal derogatory comments toward any commissioner toward any county employee or toward an applicant or any member of the general public the commission will not tolerate any disruptive behavior and the media will be recessed if necessary to address because keep in mind that the only thing the commission has authority over are the items that come before it that are on the agenda many of the issues raised in the past are not under the control of the planning commission there better addressed to the my county council or department of planning and if you have any questions please direct them to the planning department staff after the meeting so with that we look forward to a very dynamic and robust meeting today we welcome everyone excuse me we'd like to call a point of order scuse me we like to call a point of order like a recess the meeting pl willing to call a meeting of the planning commission back to order to secure my neighborhood everyone in the public knew to have a chance to testify during the public testimony portion of the agenda which is coming up right now so late to open the meaning for public testimony please when you come up state your name the agenda item you're testifying on and please limit your remarks to three minutes thank you request i'm holding you all reliable thank you very much to thank you for having the meeting today and i might not be able to stick around so i thank you for the opportunity to testify and then i wanted to speak to the agenda e public hearing i am number one and i'd like to state for the record that i oppose this application term rentals on this community does not noticed the current status of the recent ordinance that was asked to put a cap within the comprehensive zoning for b r s and short term rentals so i'm unaware where we are in the process so i think that this community needs to know that in order to come here and give support and be well informed so that's my first opposition  and be there is prompts by the whoever put that agenda together that the commission me we are not we the review and what i asked for at the last commission meeting was to add all the rest of the options if you guys are going to give options and to remind this commission on how they're voting why they're voting then list all the options in there and considerations and i haven't had a chance to look at the actual ordinance itself so i apologize for that i speak in support of item on that a director's report for interior renovation of the business then i'm happy that they're going to do it please keep in mind it will be able to if you don't want to testify at this moment you'll be able to testify during any of the agenda items as well so this isn't the last opportunity to have mr nike of self determination number one or number two you gotta get that right the language in hawaii is not english so how why he's number one whatever on his agenda next testifier please ok if there are no more testifiers during the public testimony portion of the agenda we will now close public testimony move on to agenda item c approval of the minutes of the march tenth two thousand and sixteen special karen a move to improve march tenth two thousand and sixteen minutes as received motion by john pel to approve second second by lawrence listen to any discussion there's a lot of hard work that goes into transcribing and preparing the minutes so i would like to recognize the planning department staff that works on that it takes care of that so thank you very much for your hard work and if there is no further discussion no call for the question on in favor say aye any oppose motion carried and want to agenda item d coastal zone management special management area good morning thank you chair and members of the commission for having us here today and members of the public for being here and listening to this i know you have a lot of important business today so we'll try to keep it brief my name is just scene he probably the state coastal zone management program manager in the office of planning i'm here today with c charlie who is the special management area coordinator for the state we're here in coordination with the maui county planning department and as the state's lead agency for a revised statutes to five a we're here today to provide periodic training to commissions regarding the coastal zone management program and the special management area as part of the larger planning framework today will provide an overview of  then later go over some of the more detailed discussion on special management area as i mentioned before the coastal zone management program is one of the three programs within the planning to planning division in the office of planning we are ministry to attach to the state department business economic development and tourism part of what office of planning does is it gathers analyzes and provides information to the governor to assist in overall analysis and formulation of state policies and strategies and we work closely with county state and federal government agencies as well as community involvement the purpose of the coastal zone management program is to provide for the  effective management beneficial use protection and development of the coastal zone and when we speak of management of the coastal zone we mean the management of human activities which affect of hawaii on larger in larger states on the mainland the have just the coastal zone about thirty miles in but because we have a smaller area the entire state is considered the coastal zone actually in the best position to manage the coastal zone in which connects land and sea and so it is the state that exercises discretion for land use policies the act is administered to the and atmospheric administration better known as noah about the program participation you can see the distribution of some of the programs  alaska is actually no longer part of the coastal zone management program it is a voluntary federal and state partnership program and  provide federal funds for state planning administration and we are one of thirty four states and u s territories with federally approved programs part of the strength of cesium programs is administering the federal consistency review program and i will talk a little bit about that further in detail but it does provide states an opportunity to review federal activities and specific activities that are funded through federal funds another part of what our program has is a program in huntsman opportunities in which we are able to apply for concrete competitive grant funding opportunities to further and there's the planning assistance estates program as well which is actually administered by the united states army corps of engineers so specifically for cesium program was enacted with a lot of community development and meetings across the state finally in one thousand nine hundred eighty eight the u s department of commerce approved the program and so this would mean that the so currently we receive as a state approximately two million dollars in federal funds annually how we use this fund is to support the state program which is the state office and office of planning our staff also funds the county administration of the special management area permeating system and we contract with the counties the neighbor islands and support for to six positions depending on which  county every year this is a currently one of the larger budgets that we've had a little bit different in the administration right now so we'll see what happen so this slide depicts the program components we have the regulatory portion which consists of federal consistency special management area permit and seach i will speak to that later we have our planning and initiatives the ocean resources management plan or the or m p and other caesium initiatives and then our community involvement primarily is with the marine and coastal zone advocacy council which is actually by statute  council that is tasked with advocating for the caesium program and evaluating our caesium program we have at least twelve members and we have former members in this room as as so a little bit about the strength of the federal consistency program the caesium program in hawaii is considered a network program which includes the policies of other state and county agencies in which we can use in the federal consistency as enforceable policies so that those federal actions that have reasonably foreseeable effects on the coastal zone or have funds that are used for activities in coastal zone must be consistent with the coastal with the enforceable policies of the sea so that doesn't necessarily only mean to a five a but also for example deal in some of deal and ours  policies as well just one example the reviews required for as you can see federal agency activities for example are in court engineers permit and up federal financial assistance i've previously mentioned before the ocean resources management plan which is actually mandated by statute the three general perspectives are listed here  well not too recently five years ago doing a few rounds across the state to every island to do an update of the ocean resources management plan it's funny it's not just ocean resources is actually land base so it's a little bit of a misnomer in terms of the name and we are going to be updating the plan again it's a five year road and part of how the addresses activities and agencies in the state is that we engage with those state agencies primarily with responsibilities on land and sea and this is the fourth in a series of plans over time since hundred eighty five there are eleven management priorities on which we focus and it's a framework for how to address ocean and coastal resources and over the last couple of years we've developed in formula formalize the partnership to the whole white ocean partnership which includes state agencies federal partners and some county planning departments as well so this is one of our  recent projects and program areas that i wanted to highlight it's the national fusing the national issue and researchers are program is similar to ours it's a national program the office of planning under former governor abercrombie is ministration was designated as the lead agency to oversee this project to nominee this area and hit you on oahu as a perspective nourie think the term is and so we were the lead agency to lead the site selection committee facilitate the draft management plan development and walk it through the administrative process a federal process these can be very very strenuous and we actually received this in about four years which is record time and what it does is to help this area receive federal funds for research that will feed into a network of near states across the country after the designation on january nineteenth this is now going to be managed by the university of hawaii hawaii institute of marine  biology i mentioned max sac before is our community outreach component we have at least at the most twelve members  with the representatives usually from every island as nominated by the director and the responsibilities are to evaluate our program and advocate for the support of our program as well as provide for an this is my last job briefly to it so as i mentioned before it is a network program which includes policies from other state agencies and county agencies so you no here that these existing government agencies comprise the cesium network and it's a common focus on land and water uses and activities so under cesium h r s two if i have a  shoreline is not working over here well the shoreline acts as the jurisdictional boundary between the state and the county and so each respective county that shows up a little bit ok and shoreline here  the shoreline area includes all of the land area between the shoreline and the actual shoreline setback which differs for county there's a minimum of twenty feet or greater and these are the enforceable policies which apply in the caesium area actually goes out to the territorial sea see that with that i will  go into the more detailed discussion of the special management area and i'll turn that over to our special management area state court meter who works with the county planning departments to take the way the commissioners have any questions for you yes go ahead john thank you for that presentation and i apologize if i drifted but you were talking about the major and minor permits threshold being five hundred thousand but not necessarily every permit under five hundred thousand would be considered minor yes so are some of the reasons why you guys would not consider that a minor permit if you was under five hundred thousand dollars threshold like what what what what would some of the reasons  being where would they be like if i came in with a project three hundred thousand to get i'm going to get a minor permit yes why would you tell me that that's not a minor it's actually a major ok that because the law itself don't close that dog or radically know website so yeah i guess we have any any further questions we can come come talk to you ok great thank you any other questions from the commissioners looking i think it's a great opportunity glad that there's so many people from the public that were here to be able to see this presentation these meetings are not only for our education but for the education of the public so it's great that everyone is able to be here here i don't know mr chair just might be a good time to take a short recess before we move into the permit application ok the commissioners like to take a recess or look to continue on ok we're going to take a short recess will limit to ten minutes please the commission meeting is now in recess later call the meeting back to order the more they planning commission of may twenty fourth two thousand and seventeen thanks for your patience everyone we won got good afternoon chair and commissioners thank you for being here today i'm so the staff planner for this project and i do have a part point presentation but i just want to let you know that the owner is here the owner and optic it is here today and he will be speaking two states are before you to seek approval for state land use special permit and a short term rental home permit to operate a short term rental home on the west side of  so just to kind of give you a brief look at the process the short term mental process so this is part of the application and the checklist items that each applicant that comes in would have so there are fourteen pages in the short term rental home application there are twenty nine checklists items that need to be completed prior to submission and if you are in this case having to do us the special permit you would have thirty two checklist items briefly this is how the short term rental home permit process really looks like on paper to be these are the permit it short term short term rental home and bed and breakfasts is that are here on the island of moral code as the report stated as a may eleventh twenty seventeen there are seventeen terminated short term rental homes on moral code as of today may twenty fourth twenty seventeen there is actually twenty permitted short to rental homes on the island of moral clarity as you can see how it's kind of scattered and there's one bed and breakfasts right there in the middle so there is only one permeated bed and breakfast on the aisle in there is one pending bed and breakfasts with that was submitted with the department and there's a torrent of ten more pending shots or mental applications with that department and as we take a closer look where our role on the left hand of that map just a little closer look on where that location is and this is the subject parcel that we're talking about so  i really want to mention i want to elaborate on a few areas in the report for those who have read the report i would really want to go over few pages in there just to give you a more clarified view because sometimes in the report it's written and it may be misunderstood so i would want to clarify pages to nine eleven that speaks on behalf of what is being proposed so we have actually two dwellings on the property well we have a farm dwelling an assessor a dwelling which the assessor a dwelling is not in this application because it's not going for a short term rental so the three bedrooms are actually located in this one main area so this is a one main farm dwelling and the reason why i'm so specific is because the way it was structured and engineering and the architect did a fabulous job in one thousand nine hundred seven sole its structure to where it looks as if there's three dwellings but they're all connected under one roof so this is actually the main dwelling which there's two short term rental bedrooms and then you have the garage in the middle and then you have another small cottage which the third proposed short term rental bedroom is located sol because there are structured under one rule they're considered as one farm so when you read the report pages to nine eleven and thirteen it kind of gives you a different outlook but i wanted you to be more i will i wanted to clarify it a little bit more so that you understand that it's actually all under one roof thank you so the parser area is consist with six point three eight three acres the state land uses ag slash conservation the community plan is a and the county zoning is ag on the portion of the six point three eight three acre located in the s m in area and why are you reviewing the short term rental today under the county code nineteen point six five point zero six zero under the permit process letter e e if there is tool or more existing short term rental homes are operating within five hundred feet radius of their proposed short term rental so if those are it's public record if you end up going and looking on our website to notice how this operates so the triangles are designated as their pen being so once they become permanent in they turn into squares and if you notice this one right next to it this is the subject parcel the one right next to it i had already gone through the morning i plan in process which was approved but it has not yet been been gone through the system as an official approval because this was dated as of may tenth and the circle resemble is that this short term rental is going through a renewal process so on moral the reno up process is and the green circle resembles the five hundred foot radius the second reason why you are reviewing this short term mental permit is because you have another permit which is a state special land use commission state special permit which under nineteen point thirty eight that point zero six zero under special use is if the property containing the short term rental home is located in the state agriculture district the applicant shout up to a state special permit pursuant to chapter two zero five dash six h r s so those criteria was that two chapter two a five dash six h r s they the applicant has to mean the criteria of unusual and reasonable uses the state ag district which provides all of those five different great areas which the applicant has met and one of those are is an implemented and verified foreign plan so the implemented verify farm plan is approved by our zoning enforcement division in our planning department and so before they came come in to submit their application the fire plan has to be implemented implemented and verified bar zoning enforcement division and so this is the subject parcel and this is the approved farm plan as you can see there is three point five three acres a pasture and two point five zero areas so as of today well as of may eleventh the public testimony there has been no companies objects as that have been received by any of the jason property owners nor the owners of any property within five hundred feet of the boundaries of the subject property the application is in compliance with our county amalia rules and regulations thank you i would like that to turn the time over to mr jim wayne on this you have questions for me but if he wants to record jim when you hear me jim thanks for being here today you're planning commission i just want to say thank you for your time and efforts for this community and what you do it's not an easy job i appreciate it i've been the owner of this property for about fifteen years and it's over on the west end and i'm just here to comply with that amended ordinance and answer any questions that you might have for me and i  ok nothing right now so what we're going to do at this point since this is a public hearing agenda item we'd like to open it up so i can i add chance i'm sorry go ahead pardon me ok it has been brought to my attention to clarify one more page i don't so page number fifteen there was an artifice filed with the department on april fourth twenty seventeen but the applicant has been working with the zoning enforcement division unable to find any advertisement on able to call it a complaint for any more information and his tax information in additional with all of the information stated so i would like to pass this on to you guys so you get you can see the e mail that has just been here this morning and just want to add a note to let you guys know i know it's going to come before you on june fourteenth as far as informing you of the twenty permit is short term rentals and those ten that are  pending as of today there is no cap and it is a proposed law that is scheduled for june fourteenth and that's what it says pass this over if you have any more questions this information right  d yes so that the apartment felt that within the report that all information shall be given to the planning commission to make that decision and part of it was requested that if there was any notices of warning in such as which we call it requests for services that we include that in the report so you know that it has been done and mr wayne has done his due diligence to make sure that he remedy that situation with those either those complainants or with and with the department which he has done and he had work with actually to the inspectors that are in our department and he has a six successfully completed those those r f s which is close there's a there's a line in here that says and i don't know if this is the right time to adjust it sure but it's just operating without a permit shall result in a property owner being in eligible to apply for a permit for five years so my question is was he  in violation and that would be his permanent would not be able to be in five years so this is misinformation corrected right now yes so where we are correcting that information but because we have to provide all the are the claims that were made and what you just gave us the resolution to those claims court ok thank you and just so no to let you know because we've been working i've been working with enforcement since two thousand and fifteen they've been getting around twenty five operators here on the island in and it's fortunate that mr wayne is one of them that's coming into compliance to come here in front of you guys to actually not hire a consultant and do all of those items on his own i mean it's been very rigorous and very very long process and tedious and i com those that were even legal and now trying to be legal and actually following the law so thank you great thank you and thank you mr wayne for making efforts to become compliant ok any other questions were civil this time why don't we do this why don't we open it up to public testimony and we'll hear what the public has to say and after that if that causes any more questions we can ask more questions to civil and to mr wayne so like to open up a public testimony or public hearing part of me and we would like to remind the public please state your name and please limit your remarks to three minutes thank you very much top and you need to have a meeting up there about any shot don't meet those any vacation rentals in need get in bed and breakfast anything that pertains to mind that needs to go to my night thank you thank you ability to set where the meetings are that's what the planning department so if you would if you want to do that if you could talk with civil or maybe talk with the planning department and ask the planning department if they can schedule it the commission doesn't have the ability to schedule where the meetings supplanting department so if you talk to them and let them know perhaps they can do that but it's not it's not within our power to do that but we've been asking for ideas for how many meetings are really we've been asking you for years really and you guys seem to just care i'm not sure you know i mean i don't know but i can appreciate the and i think maybe that's what it is is he been at the request of coming to the commission and so rather than requests the commission because the commission can't decide where to have the meetings it's at the planning department so i would suggest talk with civil and talk with the planning department and ask them if they can schedule it because it's actually the planning department the schedule is schedules that it's not the commission we don't have any control over where the meetings are has always my job to have a meeting in that area so i support the idea we just can't we just can't accommodate that as the commission and i apologize for that thank you take all the time you need  i've known a lot of people that have you know have been using overseas still and doing this and get it was illegal it's illegal to do this think i talk to him you know he's chinese best how many plants go to maui to do it but they never do nothing so when you try to do something right that is good that's a good start turkey when i came home i came on the wheelchair because you know why because that's what's inside of your heart to do and you know what i say move slow but you know what i prayer i pray out much for a  because here is links it was said there is a lot of ego slash things going on and i think he's he's wrecked hard i've how jim go through this process you know answer questions so on and so forth i've been running the utilities on there for twenty years now and i understand the struggles that he's going through on the west site so i here go to state that i support his permit process short term rental permit thank you do you think you think you might see any questions for the testifier game next testify or anyone else like to testify i sonny please state your name for the record  parole professional baseball player so he got plenty plenty passion for the island a met him a couple of years back and he's good he's good and i will say it to me last meeting public testimony was dominated by people testifying against short term rentals but in breakfast expressing their concerns and opposition asking for control over the growth finished before approving any more short term until at least we'll have more information to make a more informed decision as to what's best for our community resort area and it's residential areas are whatever it is and you should have consideration for hall of doubt and i thank you this time for listening thank you thank you any questions for linda ok anyone else like to testify oppose it is never anything personal it's more i guess it's our way our lifestyle turning residential is into commercial i think is wrong i think we should maybe back to the ranch guys about open up the hotel now and i've seen the changes in that area alone in that short time that i've been with my wife incredible town and if you watch the news and then you see what's happening there if that's what some of that we want from one side that's a reality that could happen i want all of those people to understand and see ok anyone else like to testify for until the resolution i'm sixty six and just sittin in these have got to bring my pillow to make comfortable so i'm thinking of the many in the a stand to the west end that are older than myself that would love to see you either on the west end or the east and would be helpful and as indicated in the fourteen that god granted ok anyone else like to testify today on this particular item ok we're going to close testimony for this particular i'm sorry we're going to close public hearing thank you for this particular item and thanks for keeping me keeping history criteria is that should be met because there's two separate permits you look at the checklist was on the par point presentation and you look at chapter tool five that is six for the special permit so he's being  reviewed under two separate criteria was because of the location of that area his subject parcel and soul of before it comes to you the department already makes a recommendation either due to the for the and i and i can read that so the alternatives for deferral is that the commission may be for action to another meeting in order to obtain additional information that was sis in your deliberation on the specific requests the second is that you can approve with no conditions that the commission may take action to approve the permit request without imposing any conditions and number three approved with conditions that the commission man take action to approve the permit requests with additional conditions along with the department's standard conditions and number four you do have denial so the commission may take action to deny the permit requests so when the report comes before you the review has already been made with the department to make that recommendation choosing one of those alternatives knowing that the criteria is already have been met for the state special permit under chapter two of five six which mr wynn has been in compliance and along with the short term mental home process with those checklist items of thirty two along with chapter nineteen point six five point zero three zero which the which the applicant mr wayne has been in compliance the trigger for that chart to rental is because he has two or more existing permit is short term rental is within his five hundred foot area if the trigger hasn't been  if that hasn't been the trigger for short term home rental to let you guys know it will already been administratively approved because of what nineteen point six five for the short term rental home procedures and policies has been set upon this  type of permit and i just kind of since i have to for her right now i just wanted to reiterate what i said earlier with the ten pending short term mental home applications that we have with the part seven  subdivisions and when i stated that there are twenty five either legal short term home rental operators on the island of about eleven of them are from the west side of moral clarity and only five of them from the west side a more has actually come in to the department and submit an application and so that's why i highly kamen mr wayne for actually going through this rigorous process and just to let you know that he actually submitted his application july thirteenth july thirteenth twenty fifteen so you can already see the difference he's coming up two years already with his application with the department so i hope i answered your question commissioner last two years thank you pending yes which one of those are going to be triggered to the cons to the commission and which are not i can give you what i have right now because they're all under review whether they just submitted and i've never opened the application yet so they're me well let me ask you this so there's a possibility there's a possibility that of those ten that are pending we won't see any of those if the if the trigger is not met to bring it correct before the commission  so i can tell you right now the three that are on the west's moral cry are in that subdivision and they're all in the agriculture district so they'll be coming in front of you as a state special permit they will not be coming in front of you as a short term home rental permit do you think and as far as that there are different level as but those that are within the five hundred foot radius shall be coming in front of may be administratively approved through the department all right but that is just on top of my head it's important to to remember that we only have authority over those that meet the trigger so i'm trying i'm trying to get it that i'm going to this is a difficult process for me because i'm i hear both sides of the coin and i'm concerned about as i brought up my first meeting that is not a cap on  cry and i think we really need to look at that i mean we are the planning commission so i think it's important that we plan you know i'm concerned them being legal and i appreciate that i mean i know the property very well that's why fish a lot of the time of the year where my fishing ground i go there often and i'm glad they're being the day he's done the work but i really want to visit this cap is you know it's really important to me i think  i don't want to you know that's just really important to me and the fact that some of them can go administratively concerns me you know it's what's interesting about that and i'm glad you brought that up it's my understanding too in talks with civil and looking at the information that's available everything that's pending in including this and the others that are on future agendas if they are all approved they still won't exceed the proposed cap in the proposed legislation so if everything that's in the in the pipeline right now is is a administratively approved or approved through the planning commission if at some point the law is an actor to put a cap on it they would still fall underneath the threshold of their proposed cap do you want me to give you an example  i can give you example they put a cap there five so they reach their five cap within this area because they felt that the character of the lifestyle in that area was being compromised and so they put a cat so nobody and that every you can come in for a short term rental and if they have been fined that they've been and that's just one area that we know of that actually put a cap in a specific area but i know we're talking about a whole island here yet we didn't the resolution in front of the council doesn't diety did it no but it doesn't seem like it and i just read it briefly on the plane though that's what it does it gives you the proposal just so everyone understands what we're talking about there is a proposed resolution that the county council transmitted to the planning commission which will be here for a public hearing on june fourteenth that proposed resolution wants to place a capacity everything that's currently in the works is approved it will all still fall underneath those proposed caps the other thing is important to recognize we've heard quite a bit from the public about what's differ action until the law is put into place i can understand that concern but the reality is the law as it is now is the law and what we have to make a decision on is what is put before us right now under the current law so we don't know if this law is going to pass it's likely that it will pass but we don't know what will pass and if it does pass it may pass with different numbers in different locations different areas so if we were to defer these items until either that law is passed or the community plan is implemented then we risk removing the homeowner's private property rights and right of due process of the current law as it is at this moment when these items come before us so i just want to let the public know that all the way  understand that that is a concern there's also the fact that the law is what it is now we don't know what that final law will be or when it will be or if it will be so we have we can only make a decision on what is before us at this moment so what can i add to that the permitted ones on the west and as of today is for fifteen and the deferred action may or may not take place by the commission mr wayne would have to wait until the propose gets into effect the resolution and into an amended bill and he would have he would come back anyways to go through this process again because not met that cap of fifteen so he would have to get reno what interests go through the process again come back in of you and and you may vote i just see if the your action was to defer that would be mr wayne's  meeting for just a few moments thank you planning commission for may twenty fourth two thousand and seventeen back to order i just wanted to point out a couple of rules with regard to the time period in which i'm sorry part of me we are we don't have a quorum so we need to wait till william because back in pardon my error in not noticing that so we're still in recess thank you like to call the meeting of the multi planning commission may twenty fourth two thousand and seventeen back to order or ask your corporation cancer council jennifer i wanna to make a clarification on the type rulings jennifer recess a little bit of discussion about deferring this application and i wanted to point out some rules to everybody with regard to the maximum time here for decision making so you can find one of the roles your planning commission rules of practice and procedure and subchapter into a maximum time period for review and decision making of all business and develop development related permit approvals and licenses commission as the already the authority you shall review and make a decision on business and develop related to permit approvals and licenses within one hundred twenty days from and this is either or the date the application is deemed completed by the director or the closing of the public hearing on the application which is today or the conclusion of a contested case proceeding whichever is later and the time period can be extended in the event of a national disaster or state of emergency union strike which will prevent the authority from reviewing and making a decision within the one hundred twenty days the time period also can be extended with the consent of the applicant or approval within the maximum within the stop us maximum period of time which your rules tells you one hundred twenty days or the application shall be deemed approved so you guys got to make a decision hundred twenty days thank you so if we defer this item and there's not enough room on the future planning commission agendas and schedules within one hundred twenty days then the application is automatically deemed approved so that is the chance that we take with a deferral and not making a decision today yes john my concern is what would what reason would we do for what would what i'm struggling with is you giving us laws conclusions that we need to follow and it's actually already spelled out in this application so i feel we're almost i have to rubber stamp things when it comes through with without any you know there was a concern that i had the question was answered with an e mail  i just don't know if i can come up with any other concerns that i have but obviously there's community input here and i out and i also have a vision that i personally feel we should be taking with dialing that as far as s t r reaches i concern but i guess i'm not here to just sit and act my vision so that's my conflict right now and i'll deal with it accordingly but just a concern i'm concerned that there's no cap i don't see i being a short term rental eilidh and i'm very worried about it but i'm also very happy that these people who are illegal which was a big concern of mine are becoming legal which is what we wanted at least what i wanted on the west there so they have it of the struggle for me and i'm new here i'm the new guy on the block so forgive me no that's fine i think all that all the time to discuss you need that's why we're here to to really make sure that everyone's questions every one of the commissions questions are answered and there's been a thorough review and you made a very good point the decisions that we make are decisions based upon what is brought before us and we basically are here to look through and verify that the applicant has fulfilled all the requirements for the particular application that they put with force for this particular one the short term application requirements and the state land use commission requirements so the only thing that we have to rule on is what comes before us and if we want to defer this to get other information then we really need to look at what information is missing that we could gain from it to for all if we as a commission decide we want to deny the application then we need to deny it based on findings of fact and conclusion of law so we can't just deny something because we want to deny it or because we don't like it or because it goes against what any of us individually or collectively we may feel we are only allowed to operate within the boundaries anybody any other commissioners had asked this question before are these being monitored over their period that they have their permit ok monitored can you mean renewed every five years so so your question really in regards to monitoring it's more monitoring here than on maui and the ninety because through the read nor process there would have to do a whole new site reports if there's any police reports of these star been and disturbances and that that they be in compliance on how you know it kind of depends but those are the type of monitoring that's that's i think that might be answering your question and it's done every year and so on not only that they have to come into we know the application of they have to pay a fee site visit and just say safety mainly main thing is safety the fire extinguishers is where it's supposed to be in their meeting the fire code the smoke detectors work so that's the type of monitoring that the short term rentals have and the noise and the gathering and the traffic ok thank you so in and making sure that i mean because it's easy for an applicant to say i'm going to do that yes i'm going to do this yeah i'm going to be culturally sensitive yes i'm not going to do mornings but if we're not i'm in the industry of i'm i'm a condominium resident manager so i know sometimes people say things and it's not always true what they do and on this scale i'm kind of wondering who's who's policing and i guess who's policing these see you know complaining about what what you know the operations and whatnot and so and then it will go into our enforcement division and they would come in and inspect and they would be doing the site invent site inspections know just this is a fantastic discussion because it really helps us to understand you know what is required of these these short term rental applicants and if you look at all the requirements that are there th actually operating as if they were a a a a regular place that rents rooms right as if they were the same even though it's only three bedrooms they have to abide by all the requirements of a hotel they have to have smoke detectors and have a fire extinguisher they have to have emergency exits they have to comply with all of the different building code requirements so it's actually a very stringent process and the fact that they're coming in to become legal there is some oversight if they don't come in to be legal all of the all of the illegal operations there's no oversight there's no one that comes in and tries to check for the health and safety and well being of the guests so i think it's actually a good thing and the fact that you've got only three bedrooms maximum for the short term rentals limits up to six guests for short term rental property or even just a regular residential for a property that has more betters and that would actually have a greater impact yes i agree with you on that but i also do think sometimes there are only a stringent if they're monitored you know somebody can say i'm only going to do six guests and the people and i you might see thirty people coming in and you know from what i heard in that might affect their community and this is i'm just speaking for me because this is a heavy decision for me so i just you know forgive me for asking so many questions but you know this is not something i sleep lately about  this particular subject so and if it maybe civil you could tell us if somebody had over the number of guests and there was a complaint what is the recourse ok can your question ok so part of those that are conditions that are that is in the recommendation that the permit holder shall provide photographic evidence that a square foot sign is displayed along the main access road identifying that the name of the admission the permit number the name of the manager and the manager's twenty four hour telephone number so this man every shot to rental has to have a designated manager and that designated manager is responsible for the things that you you know you're asking so when you say of monitoring in concert commissioner you're looking at that that would be that monitoring soul the designated manager would be the want to do that on a twenty four hours basis along with our number on that sign so if there's anything that's wrong that they would have to call and let us know those type of operations soul for that instance if they are but yet that's their own family and friends so yeah there's a fine line if there are actually operating during that time as a short term rental or they're using it as their family use so that they are also allowed to use it for their private use the owner's soul if that time if it is during the short term rental operations so it's kind of the pants on your question and where you're going with it because if the company comes in and i was doing not during short term mental operations so then we can't really justify that as it was against a short term rental because the family has been using it for their their private use so it's open lying i mean but however if it does come come in and that time there was a registered gas and they were paid or having a profit for then it will be considered as something to look at and it will be reviewed and investigated and if it is determined there is either a revokable which it does say and you are conditions that it will be revoked for up to two years or to five years it depends on the extent of that investigation and what they come up with and it may or may not have fines on their i mean it to the extent of what the conditions may see but it's just a two year revolt permit or up to a five year ban it depends on the extent of the a complaint so if they if the permit holder is but but commissioner polly you are right you can have additional conditions  recommend approval with the standard conditions so i think it's a good time if we could get the the recommendation from the department  so for two permits yeah so land use commission a special permit application for land use commission special permit complies with the applicable standards for an unusual and reasonable use within the state district for reasons stated in the molly colony planning departments report to the moral claim planning commission dated may twenty fourth twenty seventeen for docket number s u p two twenty seventeen slash zero zero zero two and four the application for a short term rental home perm comprised with the applicable standards for a short term rental home in accordance with the chapter nineteen point six five point zero three zero restrictions in standards under the molly county cold floaty listed in the short term rental home permit criteria section of the planning department report to the planning commission for its man twenty four twenty seven thousand meeting regarding this docket number s t m all t twenty seven thousand slash zero zero zero for the molly colony planning department planning commission approval to the subject to the following conditions for the land use commission special permit standard conditions from one through six that the conditions of the state special permit shall be enforced pursuant to a chapter two or five  twelve and chapter two or five dash thirteen under the whole vice that use be advised that compliance with colds covenants and restrictions of any applicable homeowners or apartment owners association is a sole responsibility of the applicant along with the short term rental home conditions conditions and standard conditions from one to twenty three in consideration of the foregoing the planning department recommends that the moral k planning  commission ops the planning departments report and recommendations prepared for the may twenty fourth twenty seventeen meeting as the findings of facts conclusions of law and decisions in order and authorizes the planning department to transmit said written decisions thank you seven so it entertain a motion at this time chair move to approve the special use permit and a short term rent a home from it and so that a motion by lawrence to approve and adopt the recommendations as submitted and to answer your question if we can in discussion after the motion is on the floor a second seconded by commissioner john billy ok discussion john no no i was just making sure the most included these stipulations as when you're ready ok is there any any other discussion or or questions by the commission i i i any opposed director's report but before we get to that it is want to say thank you to the public for coming out i hope that this discussion has helped everyone understand a little bit more about how this process works we encourage everyone to continue to come to the meetings and and provide your input term rental application is it even challengeable i mean because the same voices are saying the same things over and over and we have started the discussion over the internet as well and a lot of the names that we pretty frustrating for me to see some of the friends that do show up and come out from far away and we have a small number now but there's sometimes a lot more it's kind of selfish of the planning commission to continue to allow these guys to come here compromise right for the people who are challenging it and we do understand i understand that so i think as you move forward in the future would be nice to know yes could you hold up maybe a meeting just based solely on helping the coming to understand what can we do w things that need to be said so i guess my challenge to the commission is to help the committee members understand what we need to say to help actually our voice means something because right now i kind of means pretty much nothing thank you very much agenda is full and there's not enough room if we had deferred this it would have likely been automatically approved because of the time period so we want to make sure that the commission wants to make sure the commission has the authority and make the control over making a decision as opposed to letting something happen because of a time limit restriction so that was that was a motivation today as well you know that's a really good point and i think the permit process is something that needs to be addressed at the county council level because the county council is the one that makes the laws the county councils want to put some and that's what we're doing so i think what we need that's a great idea and perhaps we can that we can look for a look for the planning department to hold some informational meetings to help the public to understand this process so they'll do thank you very much peter that and please remember everyone that june fourteenth will be a public hearing on the new short term rental law and they're proposing some caps on that but as i said earlier we don't know what that law is going to be automatically and so there are the possibility for that law to change in many different ways that we don't even know about yet so the public hearing for that particular law is a very important process so please that's the that's the time to address this and then before the county councils a time to address because they make the laws we just have this very small box that we can operate inside and i know it's frustrating it's sometimes frustrating for us oh thanks for understanding we need to move along now it's been a thank you peter we need to move along now it's been it's been a long meeting we have still have some more some more items i'd like to turn over to clayton for the directors actions located was in the special management area are not developed men and therefore exam on the requirements of the especial management area rules the first assessment application is from she is here she will be doing a little presentation but before she gets up i would want to let you know of a few changes that has been brought to my attention as of today so due to the budget cuts and constraints of this project known when the application was brought in for the budget and was requested to do flooring because the flooring the really needs to be done in that in that unit but because of the budgets change that it may be only for painting as of this time so i did ask the applicant if you are looking at it in the future but it will be off because of the budget so without any further ado i would like to bring up miss hawkins and she can kind of a expand a little bit more about the project thank you good afternoon counsel my name is jennifer hawkins our commission my name is jennifer hawkins on the small business specialist for the county of melayu mayor's office molokai to help them reach their their financial and business independence here we try to provide connections to out outside our off and resources for our community members as well as entrepreneurs and business owners to help them reach their dreams and often times become sustainable here on our land so i work with lots of entrepreneurs lots of start up businesses which don't necessarily even leave a footprint here on our island because they do all e commerce but i come to you at this time with an application which was initially to put new flooring down in our center that the flooring is all that's on the level it's not really safe for necessarily for all the individuals who come and visit our center because of the recent budget cuts and part of this was budget to through the f sixteen or seventeen and part of the budget the f eighteen  budget eighteen budget being cuts looks like at this point we're only going to be able to do the painting but in the event that additional monies become available i did want to go ahead and move forward with this application so that we could go ahead and take care of the  thank you commissioner's any questions or civil or jennifer will i have a i have a question what i know this is the commission is being asked to waive or not waive its review so we haven't seen the full application because of that is there a possibility on the conditions to extend this s m a permit for two years or maybe make it open for three years so and include and include the painting so they can paint there's no time limit timeframe there's no time frame you know so there's no time limit on it as an exemption so if they get this as a may exemption waived by the planning commission and it is approved by the director then they can do these repairs at any time in the future  as part of the interior work so no exterior painting just has finally come up to the commission to request to waive its review for an exemption on his assessment assessment is being done to subdivide his parcel which is twenty five plus acres  three different fewer than four lots for his family purposes to distribute equally among the family but i do have mr dunbar and here and the daughter as well if you have any questions or you can come up if you want to add anything to the project uncle  which is twenty three point eight nine acres or turn it over to my children i did that but under a very short fuse so its all on tenants in common which puts my son's business in my daughter's lap my daughter's business and my son's lab and his family members you know that doesn't work so i decided to subdivide off to five acre parcels one with her home on a one with his home on it the remainder  property roughly fourteen acres would remain it is today which is cattle pasture and we have about a two acre small flower farm  citrus there's no construction associated with this so the vision at all it's basically three lines on a map to give my daughter and her husband their parcel here's my son his parcel and the rest of it they will call on i did not have to put in any water meters or enough water meters on the site to do the three to service the three  did and then when they came in to revise the whole map it affected his over this parcel in particular i saw that is why it's been longstanding in that department as an open project and we can finally bring it to the commission  well actually the project began in two thousand and ten and that's when she my first came and wanted to do the amendments and kind of her cry and so i appealed and i was one of three appeal letters that got heard and as you folks all know i'm sure you know that new map that never come out until november fifth or fourth two thousand and fifteen and since that period of time there was really no going forward because you couldn't do anything so we just sort of languish there but finally we can move ahead and i'm pleased to be here today great thanks for taking the time to be here any other questions ok this time we're going to open up for public testimony on this agenda item so if any member of the public would like to come and testify please state your name and present to limit your testimony to three minutes so it's limited lead he belongs to hawaii and always belongs to my wife i'm in opposition and i feel that he really have enough policies to do all the support his family and support he's he's daughters and his son's family you know they have to vacation rentals on the side of the ocean why not give it to family and let them live in do they have to on the mountain let them live in deer he got to one down there by the beach he's got one mob of the mountain he's got a lot of houses do we need more or does he need more don't think so i've got one house and i live in only one house i can live in three houses i'm in opposition of this and i'm a part of who we all all i know all and we all opposed this thank you thank you mr nike any questions for mr  ok any other public testimony on this item casing none will close a public testimony for this item mr dunbar do you have anything else that you'd like to add to to the department that it is filed with what he has submitted to the department at the time of his submission of his application which he has in his hand as well as the deed that is required under the pair of conveyance so that's the date that is filed with the department thank you i'm just you said there are already houses on this property worse you're subdividing but there are two houses on the property right now ok i just wanted to ask if they're just want to confirm t so this action to date isn't going to change any of the uses of the property or won't change any of the residency or it won't change anything other than drawing the line drawing the boundaries so would it be would it be appropriate to say this is this would be purely for distinct planning purposes yes very accurate ok thank you just so we do that i just want all of us and including the public to understand thank you thank you for clarifying that and if he did if there were any plans to do any kind of construction he would go through the yes i'm a permanent court all over again yes so he does have a subdivision application w which he has to address the structures on the property as a whole before it gets subdivided but under the review of the estimated that doesn't go for that that's not part of the review of the s m a because of the structures ever part of that they may have to go through this it may themselves because they if in the event they will have to go through infrastructure and if they want to build it would have to go under the purview of the planning commission  so this application would not have any of the approval letter would not have any of those within this means it's purely an exemption for the subdivision on any other questions from the commission or anything else you'd like to  thank you i like to think a think that apartment again for all the hard work that you do in preparing these items of course thank you symbol for everything thanks to all that because you came today and most of all thanks to the public who came and sat through this very long meeting we as a commission and i think we can all agree the department needs to do a little bit more outreach into the community in helping the community to understand how some of these very complex processes work so again thank you everyone for your time and your effort and there's much work ahead for all of us to do and with that meeting is adjourned thank you