a community association on the one i realize that it's a challenge for you when we testify early in the item comes up months later but we did  ocean simply because the project is up until one thousand feet which is on page seventeen please examine that seems to defy the laws of gravity is the logic here to say only building on the beach in or legal can affect ocean this is agreed just we are for modest further claiming that the project will have no impact on traffic because the intersection already in f rated without the project seems absurd so if it isn't already a failure adding even more vehicles does not make it even worse if you were backed up on your screen as the tenth car in line waiting to proceed on to south not a greater impact if you're within the fifteenth or the twentieth this is asking traffic engineers to create a worse rating than f so it could be applied to this project claiming a bypasses or changes the plans are you expected to make prescience decisions you heard in saw examples of prior testimony on the same project at a meeting earlier this year regarding impact on the buildings and g find a project to have no significant impact on the quality of the environment can anyone honestly say this applies here lastly do we need or want more high end residential projects in south maui i thought we were looking for to reconsidering the short term rental for eleven forty three from saint it was brought to you at your last meeting on the thirteenth and unfortunately i was called up to mowing for an emergent health  situation and was unable to properly represent my client it put my client atic distinct disadvantage he wasn't expecting really prepared to present the project and then fortune i really let him down as a result of my health situation and so i just respectfully request that we opera him the opportunity reconsideration so that i can properly present his project and give it real consideration i'm available first one is a request from this to dave taylor the director of the department of water supply for phase two project district approval to replace the existing water treatment plant with a new water treatment plant and related improvement two point six their presentation and it's also exhibit twenty three in your report you follow the law they have addressed all the concerns all the concerns and i'm not going to get into the details of the project the explains where here or project districts face to approve all requests for the proposed water treatment plant upgrade and of course as i said we're here for the department of water supply case you guys said you know technical questions later on and of course the purpose here is to update the commission members on the project with the ws is recent finding the most significant impact it create with the final meeting and of course finally to request approval of the project district face to application with this project replace relocate an existing water treatment plant with upgraded facilities to produce up to approximately three point two million gallons pretty treated water whereas the current water treatment capacity is up to a and here so for two of the existing treatment plant filtration units again you see there are still large water tank there in this is the water treatment facility that originally was temporarily housed with some tents and as you can see it's all in disrepair and on the side and it's no longer protected from the weather and then there's going to be wearing contacts the building and then some sludge that was on the rear of the project office break room restroom storage electrical generator rooms and then on the site it's going to have to a two thousand gallon the little fuel tank for the generator system of the compartment so it's the gruen clearing contact tank for this infection and the finish water line from the korean contact bank to the existing e l tank and access try and related landscape change in we water who've made and it's also going to have a we're looking at the elevations we initially i guess for the commission members that were here back in may there was actually an initial design of the this is the view if you're looking from west nile road and then you see the treatment plant building to be surface water from the white cop would be it and it's being creased capacity from up to one point seven million gallons per day at the existing water treatment plant up to three point two million gallons per day at the proposed objections to the project the archaeological assessed ben did not identify any cultural features in the new sperm drainage system will be developed to fully retain the increase in runoff visual impact but it was back in to do with it being in the way of drivers line of sight then there was a concern about there's an existing hiking trail that the project should not  identify the shaded area as an area that drivers need to see clearly around the curve of oncoming cars and his you can see the footprint of the korean contact tank is way outside of this shaded safely and then if you can see this is going to be the fence line this is the edge of the roadside and then the pike in trail is approximately somewhere around here so right now a big this sort of park in the shoulders near them or electrics of patient because the opposite side of the road doesn't have wide shoulders to park so as you can see even if with these restricted triangles you know where you would want people to park there's going to be adequate space for more than for cars to park in the shoulder and they can cross and get to the hiking trail the draft and the final so if anybody wants to look at i have a copy of the final year and then of course the concern was to make sure that the chemicals you stored in this also that the existing site you know that it's done properly up with what you see in your hand out and for as all mention that there are there's considerations in the project district application because it's located within the project control water quality measures construction and post construction p m p's n n n p d s permit is being taken out and of course we did show the landscape in which includes the sunshine impacts are all in the final here to answer them accordance with the presentations of them are planning commission on may twelfth which was the review and today's date november ten twenty fifty and as i mentioned earlier keep in mind that they're going to come back to the department with these three approval on the site that was in the presentation is going to be a finished product they do take questions from the commission not all at cause burns and we have emergency high washes for that and sense that we've actually moved progress to even more say for this infection system which is what we call a west which is an on site generation to actually produce a very low strain chlorine point eight chlorine and the only you can say hazard it's not even a hazard how we make it is with salt and water and electricity and that's the process that we heard moving forward and actually have developing plans we develop plans to do that for this project and we're looking at this system because of the proximity we are going to need more more water or more of a chlorine solution to the disinfection but that's a minimal amount compared to the overall production of water you know i believe  we're using think it's estimated eighty two hundred pounds of chlorine solution for the site to produce three point two  of you know the that particular site has a bad turn on a low street and now was concerned how they're going to prepare for traffic especially in the morning between  works on traffic control in i believe the usually kind of they're sensitive to forewarn contractual workers parking all over the public right away as well and there's you know concerns of obstructing correct as a work to perform permit that gets applied for and then in that permit they also the applicant states how to set up traffic control the time and  the time there are other section related items that don't get approved by us it goes to department of health so anything like noisy bus that goes to the department of health but with respect to the public parks to address that curb also weak is not really caused by the uprising but you know understanding the nearby consideration i believe the police department might be reviewing the application as a as well so any kind of traffic related issues the reviewed equipment onsite so they can and the only thing is you know we would want public works who identify like say exactly like if they if they feel the engineering recommendation is to cut a bank you know how much  know we wouldn't think you know we wouldn't want water supply to you know just go ahead and put everything in not have public works you know concur or are sure that it meets their engineering requirements but it leaves without consulting for shaded areas that we should have clear lines the site based on the public works we're going to need to review anyway for creating so at that time that's when our department would review what tank we wanted is not obstructing this not the traffic not the view of the vehicular traffic going around the turn it was this view right here is that we had concern with that power would be standing up basically right there in that view we wanted to turn over on its side and it was told to us that that was possible or you're going to look into it or something to that effect you know so it was lord you know this picture that i so you would actually have to go into the bush is in pierce through the trees if you really want to see it because it's actually all of secured by the trees you actually have to walk over the guard need to go up because the facilities gravity fed so you don't have a whole lot of options they don't want to install part of the cost of everything and the reliability factor is just blown away so the location of the well after we inject the chlorine and it has to have some what we call contact time to disinfect the majority of the water before it goes into the public water system so that tank is actually a holding tank that mixes the chlorine that we inject into the finished water and then eventually goes into the public water system the reason why the tank is on that location is because it's  this on the fly great site well i apologize so you know it's great that you guys put the trees to address the site line there but there's a possibility is that you could also do the lower property as respect i don't want to see exactly what it has to be but the picture that i see now with a fencing and bob wire on top and then a straight building looks like it's not very in a residential you know look sort of like a triple c is what i'm saying you know it's a very commercial looking and if you could put trees in the front of it if there's room in the back of it but you can see it with your rendering rendering has bob wire and then you can see about ten feet of building the you know we're looking we're talking about pumping station from a community center and the building will think you've got to keep in mind is when you start putting in landscaping trees and hedges they're nice but somebody's got to pay for the maintenance of this is the reading of the site we don't show grading plan on any of these sites of course it's in the construction plans but in order to get to the level area of the plant you're really grading at about two to one or have to defend sites that a prefer not to do is slapping that grade but do recall retaining or really don't see the tremendous cost we don't want to do that but would you recommend there if you wanted to plant something on that site so i don't recall exactly what the exact existing elevation is of the roe versus the double area but it's pretty significant and that's why we have to  it seemed to be enough concern with the commission about the sense line that need to be addressed with something planning planting it moving it over seguin put a tree on their whatever  it i think i think from the commission's perspective in other cases that we've seen the chain link fencing it's been screaming for you if you look on a highway where buses war they put the pump station and over there put a chain link and screaming on that side it's up to the commission if you want to put in a specific condition you certainly can acre flag lot for twenty five years and raise their four children there mickens was raised down the street in the race county finnick and live in the main holes which was built in one nine hundred ninety and they're proposing that the cottage which is located north of the main house speed used for a bed and breakfasts a driveway and then separate the main and accessory dwelling structures the cottage was built in one thousand nine hundred nine and is seven hundred forty four square feet the parking is located to the east of the cottage year a kitchen living room and den area two bedrooms and one bathroom each of the bedrooms can be rented individually or guests will have the possibility to read the whole house the deck and living room areas will be communal areas where guests can relax operation of a begin b will be compatible with the character of the rural area there's agriculture throughout the property it's not just concentrated fruit trees tropical flowers plants and a vegetable garden amidst the landscaping is the main house and cottage the abundant vegetation and gold to make it difficult to see and or hear anything but the green properties to the north separated by thick trees are good long long time neighbors who approve of the b b and the property to the south belongs to a longtime neighbor and good friend who supports the b n p and it's separated by them too and palms at the south east corner is an old friend and his house can barely be seen from the property to the east of the property is a good neighbor separated by heads as property is not really visible and there's also a property owned that has been rented for the last two years or separated by hedge and would stand to the west is a large gold at the back of the property and fourteen acres belonging to a longtime farmer and family friend there were no letters from neighbors the minute after notices provided mayberg notice was provided twice once for the bed and breakfast application and more recently for the f t p to application public hearing the department sought comment from the land use commission and state office of planning and received no comment as you can discussed agriculture on the property property it was a vacant land it's it's concentrated with fruit trees if you were to come in the property first we have light she there's over twelve varieties of citrus to mingle trees grapefruits bananas throughout the property thirty five thirty garden so it's not like we just went all this to a b and b let's do a farm we've been doing this for years even our prior home that we had in haiku to we maintain everything ourselves we don't have gardeners my wife and i do all the work you know we have tropical flowers throughout the to sixteen standard condition conditions and recommends that they might planning commission adopt a planning departments report and recommendation prepared for the november tenth two thousand and fifteen meeting as its findings of fact conclusion of law and in an order  rented this out before has this been uses for your personal use what is it you know i've had attended in there and you know he actually was in there for seven years and he does recently went in the ball and so he's in the coke couple months and then he's headed to the skulls is elderly parents he's going to be on the east coast taking care of his parents all timing was good for us always rent those in that market what is the going price for rentals or do you know in that area you know i did think up countries kind of typical i mean you know i think rentals are running anywhere from you know for thank you for the question support of a community plan amendment promoting family to a hotel for the nine eleven condominium hotel project a thirty nine unit hotel condominium project and related improvements on approximately one point four three a tinker's of land made twelve and you had eight items i'm concerned the applicant will be addressing those eight items they have a rather lengthy presentation so i just like the turn it over comments on or acceptance of a finding of significant impact for the project for the development of the project has been sitting in the transition between hotel and multifamily it previously had been a hotel on the last me plan update it was changed to multifamily the applicant is requesting a change back to hotel that would allow for the type of use that's occurring in the new project i should also mention that this project was originally a portion of the project the original developer completed about three quarters of the original project and then ended up subdividing this portion off to be finished off later because the county zoning map project is  aerial photographs this is a previously reviewed a lot of villages project is currently in active north south collector road projects i cam to as we discussed last time the way the storm water flow works as it flows down from alcoa through the mouth of a vacant parcel through the existing project site which is vacant and then it enters into the key  she flows down the center of the driveway as it makes its way towards the ocean the project site this is the gulch we were discussing the proposed project is not proposing any development within the g all the a project occurs on the north and south sides of the property project just nine hundred units to enter sorry a three and four story building there is ground floor parking under each building two and three bedroom configurations with typical condominium amenities this is a site plan what the s so we're going to take a moment to reset here what i had wanted to show is is the set back between the existing he kind of money and our projects property line and then the proposed set back of our our property to the property line and so what you end up having is i believe it's approximately twenty feet from the existing key a kind on e to our property line and then we're proposing thirty foot setbacks from our property line so a total of proximately fifty feet between existing buildings or proposed buildings and if you look at the trees what mr resents identified were fifteen mature trees that would be thirteen shade trees and two palms three of these trees are invasive species so we wouldn't propose to keep them in their current condition we hope to remove them of all the trees only seven were considered to be transplantable candidates to be transplanted but of those it would basically be too too costly some of them were too large to attempt to move and others were unhealthy the recommendation from mr resents was to replace with like countries and so what you have is an existing fifteen mature trees that includes oms and what the project is proposing to do is eighteen large canopy she trees as well as fourteen palms so the total of thirty two new trees where you currently have fifteen as well as who are from areas and other vegetation and this is the oakley area photo with rendering of the project site what this is intended to do is show you the proposed scale of the project in relation to other development in the area we believe the project is an appropriate skill with the surroundings this building there this section is an analysis of height which you can see here is the key which is in alignment with the proposed project the yellow building is is a building number one in the green building is the number two and then you also see the section goes and you can see the kind on the project and basically what this shows is the elevation relation in section four so the proposed buildings are approximately thirty five to forty five feet in height each two zoning allows for one hundred sixty feet however that's limited by community plan which would allow for a maximum of seventy five feet so the maximum you would expect to obtain in  major permit is seventy five feet however the african is proposing thirty five feet and forty five feet perspective these are section locations of the project site the south elevation looking over the  through the gulch east and west elevation perspective rendering possibly looking southeast you can see how the approximated in the background there are rendering looking south west northwest this information on lighting fixtures irrigation system will be designed to accept our one water when it's available at the site there is an existing to be dissing two inch water meter for the project site the project is served by county sewer there is adequate capacity regarding storm water retention there is existing condition of storm water flowing through the site the project leaves that largely unchanged however the project does propose to retain an additional twenty percent of the increase in runoff on site so what the project is going to do is retain one hundred percent of the increase resulting from development in addition to another twenty percent so there'll be a slight improvement to the existing condition but there is a large and ongoing condition that does occur through that gulch it should be noted that that gulch receives approximately three hundred seventy acres worth of drainage that's  lands so it's just a kind of an indicator of how this is a concentration of drainage for for the region and so the project proposed allowed to flow through as it has done so in the past but this diagram indicated is basically the a drainage area that ultimately ends up in this project running through this project  understanding with the north property owner for construction access this is the ideal proposal of the applicant does not want to run construction vehicles through the  regarding traffic there are eight hundred seventy vehicles passing the projects intersection at south he he wrote in the am and one thousand one hundred forty four in the pm in two thousand and twenty the peak will m we did receive comment from public works regarding the creation of a left turn lane the applicant is open to restricting the intersection there in front of the projects like to create the opportunity for a left turn lan some photographs of the existing condition there are there is a signalized crossing in front of the project site where it has trains can get across south here road these are also just photographs of the character of the roadway in addition to construction access to the applicant does not propose to do to park any construction of vehicles on the keychain on the site during the construction process the project will be phased so that all parking can occur on the project site best management practices will be observed during the construction phase and construction timing will be aligned with the visitor industry slow season which is based on our understanding of feedback a lot of the concern for the that project is currently there is a lot of trying to make a ship rental that occurs because it's hotel zone and so a lot of the owners are concerned with impacts to the rentals and so the applicant is open to working with them and basically phasing construction for slow season  thousand and fifteen there was a community meeting property owners within five hundred feet were invited a total of nine hundred invitations were mailed out twenty three individuals attended that meeting where the project was presented there is a question and answer a discussion of all of the project issues that we've covered previously as well as addressing the final in june of this year the draft was presented to my planning commission in august of two thousand and fifteen it was presented to the urban design review board we are here again to present the final to the planning commission future steps that need to occur  assuming a finding in the nose finding of no significant impact that will be published with the oh you see then the project will be referred to my county council where there will be a decision on the committee plan amendment after decision on the in summary we feel it's appropriate to for this project to receive a finding of no significant impact and that would be based on the agency comments and the comments that we received as well as the mitigation measures proposed by the applicants thank you very much we will ask for the recommendation from st think mr hurd would be able to answer some of them that's correct he said that we're going to plan for our water in the future is that correct yes that's correct when in the future when you're ten years one hundred years well environmental management would be able to tell you know the the commission when supply correct but as far as what i'm sorry i got a little off track there as far as the when environmental management will make that water available the projects i couldn't answer that for us in the right we asked that  i don't believe that we asked them to serve this project directly but we are prepared to we are plumbing for it we can ask them to provide water to the site but i believe that their plans are kind of driven by regional planning on their part as far as where they're going to send the lines direct are you going to be using thirty seven gallons thirty seven thousand gallons per day of water and some of that's going to be possible water use for your geisha that's are in a place that's very very dry to begin with that mine is that a correct assessment i believe that that's correct yes ok so then so then you did a study as to where we can buy more water that because you're thinking of removal how well that's that's the current county source of water that was the proposed option for water that's the point but this is not in your perspective project would be if you look for water right depending on which action we're talking about so there is basically one location for the project for internet access that's the driveway ourselves here roads and so there's two directions that can be done that would be north and south into sure sure as discussed in the presentation a few minutes ago we did propose to restrain south erode which would include a left turn lee the number of vehicles that are going to be added to the intersection as sorry as a result of this project i believe we're can i see eighty three states and you see eighty three eighty three with eighty three parking stalls is it the assumption under traffic analysis that only half of the people using the stalls would drive for the oh ok it's yeah what is assessed is the peak hour so no it's not that's not that's not the assumption the assumption is that approximately half of the residents will be driving during just the peak so whether or not basically using national standards the island for traffic fines perhaps public works could comment on their use of the same standards so when public works well when the t i e r gets reviewed by public works were reviewing the same thing that the traffic engineers review the institute of transportation engineers develop standards and ways to calculate traffic so if we're looking at a multifamily project  residential project versus a school versus a park versus a government facility there are different standards for different types of projects so the numbers kind of vary from project to project in this case their traffic engineer did a review and then we checked that review we also provided the applicant with our comment to their traffic impact assessment report so we have our comments to them and what mr hart said about the traffic lanes going in into the project and from south to her that was run one recommendation that we had provided to them in our the time are twenty second two thousand and fifteen that are we also asked our comment number three  also stated from our department include a recommendation that improvements be consider themselves a hero to improve the ability from traffic to exit the project so that was another comment that we had for them as well but as for you know reviewing standards we those numbers are used i don't think there's a whole lot you standard but there's a national standard that we stacy come up to discuss the drainage process a little bit developed properties  the portable thank you this retention basin was constructed as part of i believe this subdivision right here which actually collects water from here and releases it back into this area right here for on the property and the bottom line is we're going to end up reducing the amount of runoff that actually comes in here granted it's a small amount but we doing more do what's required by the  and understand i understand that you are addressing the delta from the project and you're handling that on site through underground pension the problem that i have is that from an engineering perspective the whole thing doesn't make sense at open channel you know if you look at the highway the channel the culverts on the highway are sized for  continue flowing in that particular fashion from the follow up on this topic to public work is there any mitigation in the works on that  drainage study which is what we're hoping is we're hoping to get the traffic pretty soon from our consultants that will help identify the issues and potential mitigation measures of our solution but that's going to be a long term project and not something that this project is going to be able to fix that's a regional issue though and i understand that that's why i asked you and not them because this is upstream from them and so they're not contributing to this their say but i mean we've got to solve the issue of the good i mean i don't have to but school was stacy went to see that the a big problem there and we saw it on video also which is why i were you know very anxiously awaiting that study to be provided and so we can plan our you know plan for what we need to do what our next steps ar that basically took the run off from here and some live somewhere because of some here or there would have been the ultimate solution for the project but that's not something that  it is entertaining or considering at this point not that i'm aware of it and i don't know if we want that either because the solution is to bring that all the way out to the shoreline which i don't think you want to there rather see if she's so on that parking lot and a direct line to come only one or two or whatever come only to her that it's not there and i have a question more about the verbal agreement you have with the land owner to access what is going to become a written well you know i've been thinking a lot about this  and into painting that were to come back for as a major permit what i would like to do is basically leave it open because what will happen is that they'll have to enter into this negotiation with their neighboring property owners there's only two options if they wind up with a condition it really puts them in o the two neighboring property owners know that they now have a condition to secure access and the negotiation is really hampered in that way but basically when they're ready when they're pulling permits and they're ready to actually do a construction project that's when they would want to execute agreement execute an agreement you know as discussed at length previously the applicants completely aware that they're going to seriously aggravate all of these are people who live makhaya them if they don't get access so that's their goal that's what they want to do but it would happen at development time if i could a point of clarification there was a discussion of parking stalls previously i believe that the three is the  on the real property tax map that it's there that's the location of the easement is just basically right up the center of the driveway so that's the area where they have a legal right to be installing infrastructure so anything that went off of that would require a new agreement  i don't expect that we're proposing that at this time money doesn't have a choice right well i know he dedicated the right to use this land to this property owners so it's the easement is a benefit of their mountain neighbor as discussed previously this property was all in the by one entity at one time that developer develop about three quarters of the project and then they subdivided off this market portion and in addition to subdividing that it created this access and utility easement and record against the property so so each one of these he kind of the owner is that body and you know reiterate they do not propose to do that there they're working there is to undeveloped parcels one is to the east and one is to the north and they're working with those owners to secure access and so the comment that i was making earlier is just that it would be if that becomes a condition of approval in the future that really hampers this applicant's ability to negotiate with those two landowners if those two land owners are aware that it's a condition of approval then it becomes you know over a very unfriendly negotiation process but that is exactly what they want to do they do not want to provide construction access right up the middle tears up the asphalt which they'll have to fix it significantly inconveniences their neighbors and then just result in generating complaints throughout the construction process which is what not what they're trying to look for agreement for that he's been currently appearing yet again he's here now i know he's aware of what you're it's basically implying that you'd like to see an executed agreement for access so that would be something that would be working  to discuss an existing utilities basically from south of here rode into the property and we can double check this but this season is quite wide and i believe it not only covers the center line of the try but it actually extends out to the parking stall so it is a fairly w i understand where you're coming from the drainage respect i understand you're meeting the obligations for the site i just don't want to sign off on something and support somebody die at why you're off this nice can you explain to me the positive impact you guys are having with drainage with the reduction and all that's happening in terms of paul the great just to have the capability of having the brush and other things go into the covert and into the hole and which which is you know it's a that which of course it does and what is the plans for heavy equipment to go there and get it cleaned out if it's going to be down so you can you can get a more in there you can get a small excavator it was a great inside the halls so first maintenance on the property itself it's doable from the property when the ultimate solution comes down to making train each improvement it's going to require public works or somebody to build a channel or something of that drainage improvement right through the middle of th hugely a problem from my perspective because it's already urbanized it's already built already and it's like taking down all of those groups in order to put something in after the fact and it's kind of asked back but if that's acceptable then so be it are you know we have no mechanism for any kind of in a determining some sort of be or assessment on the applicants and reviewing i mean what we review is according to court what's required so that's i mean that's all i had to i know we keep on tying in that this was a one project that got be talked into too and i and my foster is it's one project at top into two i want to get talked into two and it's just two different property owners while the guy used to own it and therefore we're allowed to do things so i think you know that's all i'm looking at it i know there's an easement which is like you know bill is has a he's been of any other property owner and we want to mitigate it but i hear you telling us that you don't want us to give it as a condition because you hurt your negotiating but i don't think you're going to get an approval without a condition because because of because the  so as i said earlier i think that i think that what our goal would be is to try to basically have an agreement executed before we come back to you for us of a major permit so we don't have to discuss this any further but what i've been trying to explain with regard to condition is basically what you what what i was commenting on is that if the my planning commission gives this landowner a condition that they have to secure an offsite agreement with a separate private party in order to complete their project it puts them in a really difficult position especially when their neighbors know you know those two developers a budding this project no this project is dead in the water unless they secure instruction access negotiation becomes extremely unfriend can become extremely unfriendly at that time that's what i was just talking about that i met dynamic there i think that our our goal at this point would be to come to you with an executed access agreement for construction phase you know so we don't have to discuss this further in the future with regard to legal access and the issue of the property being owned by the same person in the past and and now it separated all i was trying to explain is that this easement has been recorded and it's you know runs with the land so that these owners it exists so now they are coming to the my planning commission and saying hey we want you guys to stop our neighbor from exercising their legal access through our property because it's going to be an inconvenience to us absolutely it's an inconvenience is it in significant environmental impact i don't personally think that getting construction access through a paved parking lot is a significant environmental impact it would be a social impact and we're going to our goal is to avoid that as i just discussed but i do think it's reasonable to have the option of both because it's their legal access and because in actuality it's probably better to provide construction access over tape although that's not their goal you know there's going to be less dust all the other things that happen with going over the naval land but to reiterate it would be a better conversation for us coming back to you if we have been executed agreement so so i think that we'll discuss that or try to have that you have this question again you know it as it may when this body decides whether or not they'll grant the development permit for this project i understand that but i spaces of keep your money when you're when you're in the driveway be it won't have access to those parking spaces for the people that are going to lose those parking spaces where they're going to park while you're doing your construction which no nobody see that you're not you don't have these and we all agree to that it's illegal so that's that's that's not a discrepancy but the parking is a discrepancy the impact of the traffic is if people are going to be parking on the next door neighbors and they're going to be you know it the social impact within spill onto the road because people are crossing the street that becomes significant impact and so if we don't have a plan for the offset of the park you know the people that he kind i mean that is that is what i see it in the construction and the roadways what happens once you once you pick away the roadway and all those parking lot of negotiation well we can have a parking mobilization planned for that for basically how you know the dance between excavation and parking access were i don't think that that's something that can be overcome you know both parties have the obligation to cooperate on it because of the existing he's maintained so they'll do that and i'm sure that that are up it will provide any options that are feasible as far as  maybe parking on the site if that's do you have an idea or a plan and we talked about this the last time you hear did you guys to resolve that no not at this time i would say our basic plan is they could negotiate with them when we're entering into the construction phase but at least imo this is the part in this and i understand what you're saying get right right that's what i'm trying to explain is that that it with a level of detail that's already in that's this report that would be an advanced level of detail that we didn't get to for the final year yet we are going to counseling that we're going to come back here so as we get closer to actually having a project that's going to occur we're going to be refining those finer details but  the installation of utilities and how parking will be adjusted in the key kind i mean might be a guess that was a little early in the process in our its property information back it would be very difficult for us to say what we could or could not do as far as contributions we have a very small piece of land in relationship to as you pointed out the fans that are coming down so at this time we are going an additional twenty percent on our site and if the fathers of amount of us were also going to increase by some percentage that over the top and through your property from my perspective that's not an ideal situation you have somebody that inadvertent traipse into this flowing water as it's going  by putting the facilities on the ground and creating a safe environment at least three of that and so the question that i have is we do people need to participate if public works were to come out with something that at this is what's happening is with needs to happen in order to everybody getting killed or whatever we're willing to cover our fair share of improvements through our property is just unknown so there would have to be proper grading and fencing to protect those areas in the meantime and with this project proposal we would actually use to sing the  vacation rental so this is not a high end or a merry out that's not the concept here and still very on cue with what you're saying if it's all pulled if it operates like a hotel it's a hotel yours exactly so the and that the hotel portion is a as well as key a kind nani's who currently operates as a hotel and they currently have the water going through their property and that seems to be where the major part of the issue is it's our property is a very small piece of most significant malka of them and currently the water is going through their property as we've pointed out much higher elevation are done i agree with you from that standpoint i recognize you know i recognize all of those conditions so what if i were to look at it from my purpose my prospective and there was an opportunity to create a safe vs an unsafe situation i would hold that for the portion of the property that you're responsible for it should be raised to the highest state that can be to basically keep that area not accessible maybe there would be a gate for service people to have access down there they needed to do anything but otherwise something that guests or residents wouldn't be able to get  not better in the future and what i'm looking for is i guess what i'm looking for is an understanding that when those improvement come due and have to be made to the point where you can walk through three feet of although probably from this perspective this is not your property to this probably because the gallery filled whatever it is correct it would be assumed that they're planting firecrackers plants and watering their grass this would be taken run it past your property so i'm going to leave you with what you have there yeah i agree with you and that that was kind of what i was talking about at the time i was asking the commissioner who done it was interested in talking about a fence along that area but i agree with you well what i was looking for is the actual site photo which shows that swill because i agree with her maturity dani but there's only so much you can do because you your property line runs out here i don't this choke point if you will know i haven't personally seen any videos showing this property of the ones i've seen have been from the he kind of looking at their driveway driving their parking lot because that would be well i guess you guys are all still that up with earth commissioner hudson brought up a point about water that i'm not you know education up to understand and you and it's like the two inch water meter that you have now enough water for your project you don't need anymore or do you need some subsidy we believe that it should be enough i could bring up stacy as well to discuss water demand in the project i know the landscape stateside what we're doing is selecting drought tolerant plants strip irrigation rain sensors and all of the normal water conservation measures that you would do so we're not trying to exist as an example plant ginger or really thirsty plants in this area but b the actual number is determined as you go through the building permit process based on actual fixture units but are you going to give them the same information that we see in front of here with one of pictures they have the same calculations with the way fission it's a determined is when you get the actual i'm trying to make this thing work in my head and i'm looking at your advice right actually comes out right here right now sort of i'm sorry it's right here i'm in the wrong place so the existing walks over goes uphill this way into the tr you know if we get backed up where's that water going to go it's going to continue waste going right now because the water comes down here the circle is right here where we where the box up close and then the we're not changing this to the elevations in this area so any and make a comment from the immigration studies through here the gulch cause between the building and the physical imp construction impact is not going to affect the side of that box o here that the inlet is pretty much on greed so it flows down and directly into it in that of the box called for it but there's a between those two buildings it goes down problem with thirty nine units and one and a half acres but they have made sure that they're handling everything they can on their own side of the issue with the park or in the residence the contractors w the fact that i think personally i think that supplementary report it is not a final report there's a lot that needs to be done looking at what we're talking about we're talking about  we have to give them that opportunity in order to to get this plan implemented because we're not a final stage and i think this is the way to get things going  circle once again i might not like the answer but we still have two questions and another thing that i would be concerned about and maybe maybe in future hearings on this the traffic report we have the  are reading through this but the public is not so in traffic accident report when it comes in front of us we should keep in mind that the public needs a little how they come up with their figures and why they're saying that there's no real i'm actually not concerned about the drainage i think if the hotel is there the hotel is not there it's a terrible situation and water's going to be flowing i think what the over there and how they have in the buildings on the side i think the water is just going to fill up it's just going to pass over and keep on going think that the questions that ask about the clearing if they care that whole again when the hole does fill up the water is still going to go down the driveway so it doesn't matter if it's not going to go twenty feet i guess it's not going to go through the you know through the vehicle but i am still concerned about the about the about the short term impact of a ball but the parking i mean i understand they have easement and then they stand that but i'm apprehensive because two options or is it can we do something that's we should benefit and that's my concern with these owners you know it's it's it's they have the easement they have the right but they don't but that doesn't mean they can force it down their throats it means they can go down the middle but they still gotta follow the rules which is hopefully they would discuss ahead of time so it's a lot of money they're going to invest and i think good will goes a long way i think if they take we parking spaces there's no way to there's no other place to put the parking spaces without a plan and then it's going if it impact the people at a point on the other if people start trying to park on the highway temporarily just to run into the unit to grab something in traffic in safety i think it's a safety issue because it's not an empty lot if you can access what you start on from that to manage another thing is the two inch water meter is fifteen gallons a minute which if everybody's taken a shower with patel on this they have big tanks which i don't see any which if everybody at the same time it's not an adequate amount i think they're going to need more water than that especially if it's um if able to bring these things up in the next time to the next it because then it becomes a different category but i but i see these as impacts but i'm not sure as a commission if i'm able to have any power if i pass this number agree to this this move this a motion that the next time around it will it doesn't have to be addressed because i have to find different criteria for this and i have a concern the council despite being a few minutes late i have seen the most the presentation now of all the information is still i guess i'm ok to vote on this and i'm going to support this my reasons because i feel at this junction juncture they that's really a call for you to me is that what stage you feel comfortable having your concerns addressed the project will come back he was innocent made major and i do very much appreciate your knowing w be conditioned you know because it's built into the project as a present to you i'd be i'd be very surprised but you do have another opportunity to look at it and use those conditions and as long as you can probably a couple of inches this is thank you as a side note which public works is here because they have an opportunity right now the county council or the county has an opportunity right now to fix this whole problem because they have a vacant lot north it's privately owned that they have the opportunity to not tear up some of the driveway to fix that colbert situation that property just north of this project they hope they take is some billing this by the people of perth to participate in any future improvements that are required for the area as a region to participate in some way or share or improvements occur on their property or to somehow acknowledge that having an open during a tray right through the middle of the hotel property is not ideal situation for the property and express a willingness to work with public works to ply a better solution is where i would come in but as far as addressing the legal constraints of what's required or a thirty nine  the memo before it gets very brief i'll just make my precipitation by reading it simply as a matter rises from an application for short term rental home filed on may ninth two thousand and five by michael parkinson a sultan's on behalf of james was applicant applicants requests for a short term rental home was heard by the commission for meeting on proper thirteenth commission denied the request a copy of the report recommendation is included in it was supposed to begin with the memo but is at your place the table now minutes for the october thirteenth meeting are not yet available on behalf of mr walk us mr paul harvey peter's attorney by petition received by the department on october twenty third and you had been receiving your packet made up petition to reconstruct report for reconsideration of the commission's niall th i just want to clarify this a decade thank you mrs heck yeah at this point i want to exercise section ninety two dash five eight or write sections to go into executive session so we can get information circumstances that i believe prejudiced as mr walker said ability to work through the tough namely his consulting and main witness that would testify as to impact in the neighborhood things that are important to this board isn't it in its adjudicatory function mr tortoise and experienced an emergency that required him to go to  and testimony was continued to a later date to enable my client utility to fully and fairly interact and process and this occurred there at no fault of anybody it shouldn't i believe should be recognized by and he was out on a lot getting medical attention if this was a court of law by analogy the judge would have continued it and said hey here attorney are your key witnesses are here let's continue  permitted the ability to have all their ability to participate in the process the decision might have been different so my plan is basically asking for a second bite if you have now i'm sure this commission doesn't like to give second bites of the apple you were very hard but the point is my clients first buy the apple was unfair and this isn't this isn't a question of fairness also there is an underlying legal princip and we call it due process and due process is basically memorialized in our hawaii constitution or united states country's constitution but also our state legislature has made the effort you know in our hawaii re statutes in ninety one ninety two to see to impose upon all parties he's delivered in the right to be fully heard on all matters and if you listen to the record of was impacted enough that i don't think my client comes here shame on my client is asking is it if you rehearse i heard an earlier matters planning commission planning the commissioners were concerned well i have another say in this this isn't going to the point where i won't have any input you will have the same amount of input that you had on october thirteenth when you deny it if asked through the rehearing you have you feel the same way  would have been two permits out there two properties there's only one there is no net increase to impact and in fact is evidence could have been prevented i think this floor would find that there's less impact to the neighborhood under the short term rental ordinance regime because you can only have one party present in the prop property but under the bed and breakfast regime you have multiple part so in other words you have multiple people attending and leaving at four in the morning to drive up to see holly oculus on the in tax or are are exponentially higher to the neighborhood in a bed and more restrictive short term rental and that is because he's going to transition the property to where there is no live band manager my client is a native american sam fish he's retiring he's had a successful time fishing salmon in the pacific northwest and he intends on spending most of his time here in the property that he owns next to the septic property so there will be no need i look forward to hopefully a positive recommendation that you leave me here re here our application you have any questions i will questions at this time and we will open it up for l but but there is a sorting on that basis the mike clients desire to basically to effectively convert from an existing permit to another permit with which this existing permit is a property rights would rights to the level only isn't the presentation of evidence the presentation argument so let's put the argument aside because i think that's what mr torgersen zwolle what it was going to be and i think argument was a large part of that because this board was trying to interpret the fraudulent protest letters and the efforts made to contact the individuals that supposedly submitted those i don't know council if you were present on this i was not there and there were i think five protest letters one of which only had a signature on it i think the other four had no identification of the t m k or the property owner of the lessee and there was a question as to their provenance if you will and whether this work should consider them as protest letters and as well as we all know that's one of the ten elements that this planning commission considers under the short term rental a continuing i think there's i think there's an overall and i see it every day when i'm two doors down in court and i see where a judge said listen we're not going to go through this you've said you're going to have counsel or there's some substantive issues and we're going to continue this and the court does it on its own initiative  simple fisherman he didn't he didn't have anybody representing him at that point he didn't know any better he totally unfamiliar with the proper process he didn't know any better to stand up and say  week and we hear the attorney gets out of the hospital let's set schedule this again and i'll listen to him and and to again my client is as it relates to this type of process it's not sophisticated at all and if you asked him out of politeness he would probably say yes but again the record will show what was said i don't recall it  is one of the first issues in that area of two thousand and seven they have operated every year since without a complaint without a violation without any problem  they were they pioneered this process and have proven that they can be good neighbors in that good neighbors in that neighborhood and i hope to get i hope th prior vote on this just so it's clear to everybody those who voted in favor of the motion to deny that commissioners material through is absent today commissioner in a commissioner hey don commissioner do of order a motion for reconsideration is possible motions reconsideration generally must be made by a person on the prevailing side at the same meeting or session and that we have some discussion from the commission a commission to reverse its prior decision reconsideration maybe justify it once there has been an intervening change in the controlling law that does not apply here new evidence is available i would say that the ability to present a witness that was previously unavailable to testify is new with new evidence unavailable three additional sinkholes developed after the first three applications have been processed i did want to let you know that contemporaneous with this emergency application we received an application from topic a to with a more permanent solution so that hopefully we will not be coming back with this kind of situation again at least upon thinking a lot of a lot of punishment i spent it is a very long piece of property fronting on the ocean and they dissolve faced with the seawall which is an old seawall and undermining an overtopping or general part which is story to pass the last four years i've been on the commission it was just the climbing portion so that was need to meet folks in that capacity and i did attend the u more on topic in terms of issues burning issues that are confronting the commission to some degree that the conference was overly weighted toward  considers everyone on the commission especially commissioners that it's just getting on board so that you do get exposure to the other commissioners from different islands you get to share problems and considerations if this is in fact the water well which it seems to be they would need a permit from the commission and want to resource management but they would also need