administrative planning officer also work in design in the ministration division for some you don't know me primarily my duties are taking ordinances either  to an attempt to increase the housing stock i guess that's the way you could look at both these ordinances and being christmas time i wanted to add a few christmas gifts to t mean realistically that's that's who is in charge of title ninety so and being that i'm in the zone administration it would be our inspectors that would be going out to try to force whose family  you or something like that where they have a voucher where it's under the housing administration that's not been that wouldn't be an issue but because it also i mean obviously you can read family out family members how do we force  em so the mayor's proposal is slightly different in that it allows for again another assessor as outlined in the table and one on the page  some you know i'm i'm a big believer in simple tables try to do a comparison on so this kind of just gives you a brief summary of basically the two or three proposals as well as what the existing code is and so i'm go thousand square feet you would be able to have to assess really what to assess or do i mean on the property so i sent you you potentially could have three single family homes on a lot of twelve thousand  lots of grades in twelve thousand square and i know you guys are analyzing the maps as to where those slots were and quickly calling your broker but have you guys hold off hold off on doing  requirement and there again be called an affordable quality and that's the only way they're allowing for it again exactly the same is the two thousand and nine resolution again the same issue is proposal doesn't have it basically is just trying to create an incentive for people to build units right now and that in the let the market take over but the key provision i think on the new ones that would be created but on any assessor dwelling going forward again so that's currently right now you have when they ended up being the ordinance a while back they district as well as a rule rule area so if you have an area that is county rules like a half acre you would be able to see a and not just one but to have like a three foot on your house actually major that summer footage point as if you are looking straight out don't measure the inside of the ne and your allowed so any covered area outside of the you should at least have some coverage square footage covered area we are in hawaii a lot of people like to hang out of our audio and you should be able to have a certain size and so limited that basically right now the current hold it would be if you have a you'd be able to keep it six hundred square foot this could have another six hundred square feet of covered couldn't close it and we would have and there's provisions in the code that we've written into it that would prohibit that from being find a lot of coverage to the residential district would help with the density the main purpose of the get or one of the main purposes was trying to maintain neighborhood character you see and this is not a this is not a mali phenomenon occurring all along in california manhattan beach we were because they have a new movie studio there they're buying up individual two lots side by side tearing down the two smaller houses and putting up on the map massive mansion and it creates a lot of friction and so it sometimes it works sometimes it doesn't most of the time it creates unintended in these changes to try to help balance if you're going to increase the densities within these neighborhoods with additional dwelling units there needs to be some other some type of role there and maybe limitation not just  like to testify on this agenda item you need is so at this time please do identify yourself and you have three minutes  now and restricting them to long term rental we only ask you to insure your recommendation to the council insurers the complete package as we can all see allowing more han is not restricted to long term rental is no help to our working residents we have seen several items come before you claiming to provide affordable housing which we had a budget which we had objections to and doubts but as we understand this move this currently and that's the question i guess you guys can debate or make a record comment on is that there's two schools of thought do you the current assessor dwellings that are currently being used as a short term rental through a permit you allow those to continue and get time extensions or when their time extension comes up you say you can't do it anymore in that ads that that that's the gist of it because right now if somebody comes under proposal if that limitation is yes once one thought is that well it's not prohibited so when that person comes in for a permit and they want to do it they're being b or have be units in an assessor you do eileen we would tell them no you can't you would have to amend your application or eliminate that or you would say you can continue to do it as long as you have that permit and you continue to get a new one thing to say do we want more of these and i think that's a pretty easy decision i want to put this in additional restrictions on them or just new ones or every that's a pretty big are five thousand to seventy four and ninety nine that's a specific target area and you can see that on the on the maps and strictly limited to the residential district so that's a target area that they're trying to get to neighborhoods that have two or three thousand square foot lots may have someone may decide to put or may have been a small seven hundred square foot house on and they can build have that on the side in that kitchen that they or that went by they converted to a kitchen will now become legal because they can then claim that area as their assessed the swelling and so that would you you mean in essence just legalize i guess you could say trying to come up with solutions or quickest to build inventory this is one of them but time and time again you know public works and water department will tell you that anybody can build a house relatively i mean a lot of developers can build a house the physical house relatively inexpensively that would be affordable for most people the problem is once you get into the all side improvements of i need to put an eight inch or twelve inch water line service that new subdivision i need to put in that new roadway and so from a low hanging fruit aspect you're looking at areas that are already urbanized already developed for the most part have an infrastructure in place and public works and as well as a water department will be the ultimate decider at the time building permit because if you have a really old neighborhood that serviced by a four inch galvanized line you know down in some of these older neighborhoods a lot more main they may not be able to get another meter or be able to upsize so in that aspect that's going to clue them from doing the affordable  for off street parking because you know traffic doesn't generate itself there's always somebody in somebody's living in that house they're going to need to have a car to get somewhere but again you're looking at know we could get a count somewhere as director and maybe a different way to put it is this just opens the door or a lot less than seventy five hundreds or you still have to meet all infrastructure requirements i just say and you may already be a fixture town you know department of water supply and all so there's there's a number of even though the law would say you could build a no on it still depends on the configuration of your lot and the infrastructure level and it would go civil chance to put a photo affordable housing out there to the residents i do like the long term rental thing because if they're going to build it we're going to philip that need it so there right now to affordable housing i mean long term rentals is another big need right now and for families that have a lot that can be can put a house on their kids can build it gives them a chance to build and that to me that's important and it's one of the biggest up suppose we have right now is where they have a place but they can't build it because of the rules or regulations of that area resolved but at least moving forward i would like it to open up to agriculture and i'll tell you i know because i go that's agricultural land but agricultural land is big properties and with these big properties you have big families that own those properties that they can't do anything on it because it's restricted to two houses on the agricultural zoning and meanwhile they've got ten fifteen twenty acres that each the whole family owns that they can't do anything at all unless you try to subdivide so i'd like to see it open up possibly towards to get these families again chance to live here in maui and make their own bill and so that was the home occupation home based business and so they kind of forgot all about the rest of the important stuff that was in the residence with bill and so that is the part where we're trying to get the rest of the nuts and bolts of the residential and that was primarily you know one to clarify garage sales because we know we all do them we have some neighbors that have the monday wednesday friday saturday garage sale which we do not think is an appropriate residential  dealing with terrifying assessor structures that are allowed within the residential district and then again my my favorite is always tables i just took all of the development standards that were written in current code and put it into a table format to try to clarify what you can do a lot sizes and stuff like that and then again we added if you look down the third column i'm sorry third row i mean second the last row not covered forty percent that is far to the development standards for the residential district that's what we want to do base so that's that's already been adopted whatever the and that may not be what it is today though was adopted and mended significantly by the county council so they currently have a home based business bill that was adopted and so so primarily the only thing they basically did and if they didn't adopt the rest of the bill they basically took all the home based business stuff out made their own bill and move forward with that he said we're going to come back to this next to the proposal we had and then for some reason they never got carried over in a calendar year and everybody thought it did but in reality it didn't match what i'm trying to get back up there to say hey this is the rest of the bill that you forgot to we would like to see adopted and you know these have a discussion on if you don't want to drop the great problems you don't want a lot of coverage fine on top of that but i think what we're trying to do is get this structure for title ninety   i know some people freaked out on the free standing antenna or wind turbine structure in that we're not talking about cell towers we're talking about noncommercial intent as federal law  trump the county on a couple occasions with regards to allowing for ham radio operators in private and so we've had to grant variances this would allow us to basically if you want to do your your whip antenna meet the setback requirements and we're not getting it so that way we stayed clients the federal government again and then pigs nine of that we kind of you can see the  samples of what would be a lot of the forty percent  with a recommendation for us to support i think from my perspective any think that increases supportable house is the question that i have  mission specific and so we can talk about that later but specifically to commissioner dani's question about how would we administer this if it's i mean if it's all a haunting unit that's pretty simple application for short term rental we would just look in t v we would look in the county database when was this built was it before or was it after a bill was adopted so we would go after starting them that's the simplest way the current i mean currently being b or i should say short any type of short term or an old in the residential district is prohibited by law  you get a permit so from an enforcement aspect it's just like anything else if we get a company if someone is doing it we know it and they don't and there's no permit for that property it's a violation and our as thousand new housing units that would be wonderful i mean we are currently short no in that in that neighborhood if you assume three to six percent loss as you say to eagle yars you still ahead of the game i still i mean i'm just trying to play the numbers i'm just trying to get units built because when you know building a brand new house in a brand new subdivision you guys know what the minimum is going to be and three hundred thousand and up is what they're calling affordable and it's not chances it's not going to be portable and so as far as well this at least allows for a a for you know if you build a four hundred square foot sesame dwelling on an existing property yeah you're going to say your children may want to build out or someone would be able to rent that because the size of it's going to limit the overall what you're going to be able to rent for it gotta provide housing for a lot of our local families that are trying to family of four that would love to live in a forest or for this tell me if reality that and that is again so we i think that anything we can i mean we're just trying to go for the law and the food again i talked about this is it within an existing we're looking at existing subdivisions existing known property and most likely an existing areas where infrastructure is available and the number will be due to whether or not they can or cannot be determined by by public works in the water department all ultimately from the infrastructure standpoint but i think for the most part but this is going to open it up for many people who have that  units to come in and get legal or has there been any talk about that of trying to get the units that are already out there to become we have a bad doesn't work so i don't think it's i think that from that aspect i think most times people are going to kind of come into conform and i can tell you there's a pile of them so they do come in and primarily they're happening or they're trying to sell the property and so at that aspect they're going to come in and make the conversion you know for instance you know it's not your loss smaller than seventy five hundred square feet but if you open the door to a lot smaller than seventy five hundred square feet  did look at several models from other counties and cities throughout the us and in fact we had someone from the mayor's office go into research and we had a permit improvement process this permit process improvement team that met and looked into all these different models but each time there was always a different issue it just didn't quite work there's a lot of loopholes that we couldn't close up but we've tried to do in the past few years was work with the realtors association we work with individual homeowners and educate as much as possible we're not you know we're not enforcing has to enforce but we also want to help people come into into complian there's a public safety aspect of it too but it be probably helpful if there was a chart for you know if you want to make yourself if you want to make your property legal these are the things you can check on right now is your water m goes into that how much you can offer for the property because you've got to tear it out or i've got to go through the expense of bringing it up to code starts with i have a friend yes and we've seen a lot of that happening in the past i want in the last three to four years the first year and a half that i was in i mean that was always an issue after the fact permits but as we got into more educating the community hosting meetings for people to come into this cost issues that they've had we've seen a number of requests for service come in asking what's existing on my property what can i do to fix it or how can i close this one permit that's been open for many years so the more we try to educate folks on the permit process and what's involved in what the code sorry i think the more you know homeowners be a little bit more successful holmes i think was an error and i think if this is a means of back dooring a replication of the short term rental bill by making them expire at a certain point in time i would be all for it i would absolutely support it because i think bitch shot ourselves when we approved short term rental homes in residential where they felt that those two key provisions one allowing people to do assess are doing a lot but also truly making them limited to long term rentals is those who have to go hand in hand you can't all of a sudden go ok we're going to allow street wellings on smaller lots and then all of a sudden that portion of the bill gets dropped later on i think i think that was point by the t c a was that you gotta keep those properties that we're talking about because it's just you know land so it's just too small it just doesn't lend themselves to it but we're talking about affordable rentals also here not for ownership  i want to touch on enforcement with you so is your department in charge of enforcing the illegal short term rentals right now are we doing with that pretty good i mean  and the word has gotten out that if you want you truly are interested in doing an s t r each and you don't have one at better be shut down before you come in his office the people who don't care about can a permit and is working is working i just said there is work getting out we've had people come in and apply for permits and so there's there's the one thing one part of it where people are five hundred square feet that could also be a two story to be with under the thirty feet of only allowing a single storey you could have like currently we allow for attached so you could have a two thousand square foot  structure and have fifteen hundred square feet be the main dwelling and five hundred square feet that two story structure the most common is as the director pointed out like people convert the violation and it would come up during the building code you know what we look at all i mean that's the biggest topic right bars or or i should say kitchens additional kitchens that people put in we we see that all the time and we  try to eliminate those at the beginning of the building permit process so i mean i've been to a couple properties this past month looking for ten thirty one and i saw six families living in one the forstmann and that's what i'm worried about if you know if we go through this accomplice going to have to give you guys staff to make sure that the safety is there you know i know it's the police commission didn't the police didn't do any comments the pardon to any comments for safety wise you where people are forced into a situation as you as you described would hopefully lessen meaning you're not going to have people desperate enough to rent that type of situation and they could actually get their own little four hundred square feet rather than have  multiple families living in and putting in the gas top or the small electric pop which again can be very dangerous especially i mean my grandmother almost burned down our house when she lived in the back of our house you know we had that everyone has that grandma edition and your parents get your grandparents colder and they still think they can cook and they leave the stove on and so it's it's a real situation where it can be hazardous and you want to be able to allow for more legal means in which people can develop these assessor so you do not force the people on the bottom rung of our economic again the add on of having the council incorporate the provisions of an amendment to the residential district that are also attached on exhibit fourteen because out they've had it they've seen it you've already reviewed it several times so you just like to have have some of those up provisions specially the lot coverage incorporate motion right now and we're going to go down some of the items just to make sure we have a consensus director thank you mr chairman and commissioners because there's a number of provisions in each one of these unit on less than seventy five then if that is the case do you want to go with the council's recommendation down to five thousand square foot lots of me or would you want to go with the mayor's and then the last thing are our christmas presents is talking about just for the planning departments administration of this section of code that would be really helpful you know work breaking it up in the town it's looking for your input on just one of those measured the square footage currently the code says you count covered walkways covered decks as part of the square footage we currently do not want to count that as being a limitation on the size of the says read running if you're allowed and then this goes to the existing lots to like so if you have a ten thousand square foot you can have a six hundred square foot sensory dwelling and we would just call the interior wall space like you know many do in review of building permits and we would also give you some additional cover deck that you could also have that would not separate and so there is separate provision for that in the limited to one thousand square feet ok and so again we would basically we would use the same methodology then we can calculate in the house income in my county and just use the interior walls comm robinson this for you chair and maybe to max so real estate wise we're going to change how we calculate rental sizes and square footage and appraiser per square foot you know we're looking at the whole county's square footage is what we put downs and that would only be if i made it only how to write consistency for our plans with you because there's been again an inconsistent method in which some people calculate square footage you know and for the permissible you so somebody may come in with a cottage in a show six hundred square feet interior wall space and they may prove it not seen the use as being covered walkway another plan personally know the code says covered each count as square footage but on the building permit it's going to it would just it would show and as well as real property tax real property tax goes out they're going to measure the outside of the walls didn't they're not going to care about the leaves they're not going to have about that's only for us as far as a title night i don't think teen provision for us to do our kids are really but as far as what's considered floor area four hundred square feet bathroom a bedroom a kitchen living area one bedroom that's really the first apartment i moved into what we first got married forty years ago was seven hundred square feet that was a one bedroom and that was it was comfortable and it's something that i think people would be happier  video park side my first place was a one bedroom one bath unit parkside one hundred and three thousand dollars and it was five hundred twenty three square feet twenty three square feet included part of that  the deck area because most people are going to be out there and create a space out there too which helps with that i think they'll be sorted too by the size of the lot is he under that forty percent density l i guess the question is could you have a second if you have room and parking and infrastructure and if you went to twenty one thousand two and you coverage and so if somebody wants to build to two thousand square foot house is on a lot right or and one is called the main one is  what's the difference between having two two thousand and having one forty four thousand square foot house and cutting out five hundred square feet i mean is there or is there a difference i guess main aspect of affordability of that because of the limited size in the sense you're doing it it makes it by market forces more affordable than say another two thousand square feet because someone's going to pay that not going to pay the same amount of money for a two thousand square foot polls that are actually out there for you to review are really the mayors and councils bill and so and i think he's just trying to get at we're just trying to get an idea that it's clearly you affordable housing bigger from is like you said and that to me this important part of it is going to hit one section we're still going to have that need later on and if we can address it now and take care of it to help take care of it i should say i think that's a good thing i mean if we're going to wait we're setting back families from getting homes that large portions of land and they're very limited and putting homes on there there's even if they have egg culture on that property on these large acreage it won't affect it that much and the help is there an advantage to family they have a chance to live in that property and  help work out these properties if they have a chance to build on this property to have a chance to work agen a property sign for this  met so what what what the commission i hear the commission saying we would like to consider making it easier to get a third one on the fro currently directed pointed out an agricultural district a lot greater than five acres that either have ag water rates or have show a thirty five thousand dollars in farm income prior to years they are allowed to build  then you could have a farm labor dividing also very five the ordinance is made for farmers but it's not being used for that so it's so major has to change that's why i'm saying probably can't answer that in this group some of those you did you have a support i mean to let the free market decide whether or not it's going to be an affordable unit or not and also then the provision of did you have the have a   i mean not under no not under this provision vision would lemonade that so you have no where would you have it now on the current practice i guess you could say some people choose i'm going to let the operator of the being be chooses to live within the live within the cottage and rent out as the being the operation within the main well but you also have those who choose to live in the main dwelling and then just have their assessments or goes back and forth the goal is this provision is to say bundle of rights in this particular subdivision that was protected by this and see it comes along and says we don't give a rat's ass if you want to build in excess rebelling go ahead and do it director usually when people are in the process the county council adopts a section in the code  cawley have multi generational multifamily you know you also families living within a single house one of the things that i've wanted to do but the general locations patterns of larger you have an opportunity to say hey maybe this area along pop avenue next to leak i school or something like that should be zoned this because it be ideal to have you know multi multi multi family in that on everything that the mayor has told and you know there was some basic discussion on both the cover deck area that was seem to be a consensus that you're ok with that it was also  mean we're joking around about build them up build them up you know having you know pro cities type towers you know where you get the higher density i think there's a you have to balance that and i think that's what this is again that's what we're trying to do is we want to see some of the additional densities within our urban core as well as areas where there's infrastructure to support it that's the main thing that's always a smart growth so i think that it does comport for that aspect and once you get the increased density as i  we looked at complete streets where you finally improve some of these roadways systems where you have a higher density i mean i grew up in call louis and there was no sidewalk in front of my house even those lots of room and nobody wanted the sidewalks because they don't want their taxes to go up i was the rationale i mean everybody was poor and middle class and you were happy to have that seven hundred fifty square foot cmu house homes the infrastructure of the infrastructure of sidewalks becomes more of a necessity chairman this is the time extension request we are having to conduct a public hearing and the reason for that is that an intervention was granted as as part of the estimate permit  so i just wanted to clear that up front and at this point i'll turn it over to test and she'll take you through the background history of the project and what they're requesting and then also as i mentioned there is quite a bit of history for this project and i'd like to go over that briefly begam kaanapali beach hotel did receive the may use permit from the planning commission in one nine hundred ninety four a larger hotel improvement project that included a number of components including two hundred fifty new hotel rooms a five story parking structure and a new restaurant k b it subsequently decided not to construct but two hundred fifteen new hotel  rooms three story parking structure was completed in may of one thousand nine hundred nine and in two thousand and one the planning commission approved the relocation of the new proposed restaurant to its currently proposed location and as part of that because the new location of the restaurant placed a portion of it within the shoreline setback area shoreline setback dance was granted by the commission at the same time constructions of portions of the project began in as the may use permit and shoreline setback required completion of construction within five years mention that construction began in two thousand and four which would have required construction to be completed in two thousand and nine  july of two thousand nine that maori planning commission granted a three year time extension for completion of construction so currently as of two thousand and nine the condition of the construction of the project shall be completed by august setback for a number reasons including external economic conditions beyond k beaches control they have not been able to complete the construction of the project and so we're here today to respectfully request the time extension to complete construction of the restaurant and canoe how they project by august thirty first of twenty twenty the time extension was filed in may of two thousand and twelve prior to the expiration of condition and i originally requested that two year time extension until august thirty first twenty fourteen obviously that times passed and i point to a little bit more later in my presentation about the progress that's been made since that time granted just to give you a little bit of background on the project scope beach is proposing a new restaurant and canoe holiday the restaurant will be thousand three hundred square feet with indoor and outdoor seating a bar and lounge and kitchen equipment most in the end storage it will utilize here construction that raises the restaurant approximately six feet above grade and the interior design will be focused on canoeing and hallway navigation the red line here is the one hundred fifty foot shoreline step back for post russian would be step back eighty face feet from the shoreline but it is more mild than existing building the existing buildings that form this horseshoe so this wing here is about forty five feet from the shoreline south wing a step back ninety five feet so if you were to draw a line between the two most mccrie portions of the existing buildings the proposed restaurant is step back further than the existing buildings in terms of the purpose of the project it to expand the hotels okello program and educate people on canoe culture fishing navigation and cultural practices relating to the ocean and also provide a better dining experience for visitors and create a more competitive restaurant environment which will provide improved opportunities for hotel employees including the opportunity to make better tips than just have  from the restaurant looking out into the courtyard this is a rendering showing the proposed freshening new highway you can see that it will be constructed of wood construction with roofing and for visitors gas and others dining at the restaurant in terms of assessment of project impacts the project was assessed at the time of the original application and again in two thousand a to infrastructure assessment was conducted by collins because this is me placing the existing t t restaurant and their open fewer seats at the new restaurant compared to the existing ration there will be minimal impact so now to get into why you were asking for a time extension as i mentioned the planning commission last approved the time extension in two thousand and nine and this was at the height of the great recession that's heard some industry was again was when the last time extension was granted and that was the only time since two thousand where we had fewer than two million visitors to the island of maui a significant drop off in two thousand seven so it's really a challenging time for the tourism industry statewide whole talkee pencey fell to sixty five percent in two thousand and nine compared to seventy five to eighty one percent in the three previous years and not immune to these challenges between two thousand and seven and two thousand and nine the hotel thaw occupancy drop significantly and that corresponded with declining room revenues food and beverage revenues in total  whole revenues dropped by thirty seven percent between two thousand and seven and two thousand and nine due to the economic climate ownership and management decided to postpone construction and tell the economy stabilize the management's focus at this time during the downturn was to keep employees working and limit non employment expenses without impacting guest experience so a building permit had been submitted in october of two thousand and  eight but it lapsed during this time and the projects as the economy showed signs of recovery the project was initiated in two thousand and eleven and mentioned at a time extension for completion of construction was working to address the final comments on the building permit it's almost ready for pick up an archaeological inventory survey was completed and approved by a p t in addition an archaeological monitoring panels also approved course as well as another property and resort and you have copies of those letters of supporters and terms of justification for the time extension it's really important for keep the to have the flexibility to choose when the best time is to construct the project to minimize the impacts on the hotel and its operations the construction will impact its rooms sixty two percent of the rooms will be directly impacted another twenty five percent will be affected by vehicular access and only twelve percent will be which are of the rooms that are facing the sheraton molly will be unaffected so with this some other rooms will need to be taken out of service while others will be significantly discounted at construction meats and the hotel anticipates losing most of its international business which currently accounts for approximately twenty six percent of its customers the project construction is six and a half million dollars but on top of that there will be impacts to the hotel revenue due to the discounted runs and lower occupancy so the hotel estimates that the revenue impact would be six to eight million dollars if the project is done during a period of high occupancy rather than having the occupancy and so this is the reason why it's really important for k p h to be able to choose the best time to undertake the project to minimize impacts to the hotel it operations and its employees and i just want to point out that you know in hindsight two thousand and nine actually would have been a good time to do the construction of the project because occupancy was low and  occupancy was already low but hindsight is twenty twentieth's when you're in the middle of a significant significant recession don't know what the future's going to hold there was no way to know that they conning would start to rebound in the next few  at the hotel not just the food and beverage employees so that's why they're really trying to determine what's the best time to undertake the construction to minimize impacts to the hotel as part of the time extension request an analysis was conducted to determine whether there been any changes within their estimate that would have a substantial adverse environmental or after logical effect or adversely affect the capacity or condition of the infrastructure there's been no major changes in the project with the navy and the planning commission last assessed the project and in two thousand and nine so that's all i really had to say about the time extension but we did want to request one change and that's related to condition number thirty three of the prove all which was added by the planning commission in two thousand and nine when the commission like granted the time the ban that was put in place by the board of agriculture would limit their ability to obtain holds for the construction do you do these restrictions k p h would respectfully request portion or similar material and this is something that just came out came to our attention recently so wasn't part of the original request but we didn't want to bring it up to the commission just because it is something that is the majority of the neighbors have written letters in support of the time extension another thing i wanted to point out was with regard to the use of  the wood when the kids submitted their compliance report we asked them to submit an updated compliance reporting two thousand and fifteen because you know the extension request was back in two thousand and twelve and they were trying to get  full compliance with the requirements which they did in two thousand and fourteen so before we came to commission i asked them to do an updated compliance report which they they did august twenty fourth two thousand and fifteen and even back then on august twenty fourth they had full intention of using that word their their their response to that condition says that it was after that that they realized the the ban to the condition and we can go over that when when we get to that point other than that i i have nothing else to add to this point we can take questions either of the department or of the applicant extension shall be granted for this permit is reasonable under recent economic conditions and slow recovery and the applicant is confident that it will complete the project by august thirty first two thousand and twenty in addition the request made before you project by august thirty first twenty twenty and to delete that portion of the condition that states no further extensions to complete construction of the project will be granted beyond this time period subject to the following conditions and if you look on page eleven i have the condition there in addition we would want to amend condition number thirty three which basically states that as represented by the applicant construction materials for the section of the each gets subjected to what they call seasonally roshon which means in the winter time it moves in one direction in the summertime it moves in the opposite direction a kind of poly beach hotel is located in the in the past that came close to the building on the north side of the project within twenty feet of the building basically but since that time it's been relatively  he's got a question for the director you want to make sure that you build buildings are enough away from the shoreline to one for the safety of the building to to just allow natural processes to let them build in unsafe areas a lot of a lot of the structures are too close to the shoreline right now was constructed before we understood you know one dynamic  we have amended your shoreline rules number of times over the last couple of decades as our understanding grows so that you know  there's not a whole lot you can do with buildings that are already that are now too close to the shoreline but you know with new construction you can set them further back  the question is why is it now why are these buildings now in the shorelines of area probably because our shoreline rules ha restaurant where the water was coming through because of the things right so and so as a county we're taking steps to protect that property and stuff like that and i'm not against poly beach beautifying their property and bring in more tourists i think it's awesome that they're going to invest money into my question when we go through these setbacks and by ten years from now we find out that that restaurant might be you know in harm's way does the county then make one in general why do what is one versus the other in this specific case why are we seeing a completion in the start because they started construction already there in addition to this restaurant there were other components of the project and as tests i mentioned some components of the project they decided not to do but there were some small components that they didn't like of the different things like that they they started construction with that portion of the project so they actually have a start date of production so they met that portion of the condition a part that they haven't met yet is completion project and that's why we're here only addressing the completion question ok so with that in  my five year build out well i don't know in terms of build out but i know that the extension actually when you do the math because the permit was set to so they've gotten that and so technically the extension is for eight years from two thousand and twelve not five years how long they plan to take to construct and complete construction that you know specific construction time people you'd have to  i'm not sure can we get an answer for that  so it is you know six to eight months to actually construct but what hotel is asking for the reason why they want until twenty twenty is so they can decide when to actually do that construction yes the building permit may be ready in a few weeks but timing wise enough occupancy is looking like it's going to be really high for the next year maybe it's better for them to wait another year and actually start construction and one year so really that my personal i don't like permits way out there forever in this it's going back to seven i think or something right with the original and it's worse you know i mean it has been a good time in the last whatever twenty thirty years so i mean you're going to get a permit for this and do it get a permit and do it and get a permit and say hey we might do this in the next five years the project construction cost itself a six and a half million dollars and then on top of that there's going to be lawsuits to lower occupancy and loss of international business and all of that so this reason here is really of one of the issues they have is why are we in here today the last commission said hey we're not going to allow another time extension and this may be for the director i don't know but just just not talking about this  application in particular but you know we figure we put those things on there so that makes the people do it but now we're here do it another time extension after the previous commission body has said no that's it you do it or you've got to go back i guess in we use the whole application right so how do we how do we get here today i can i mean you know any condition that you have on your man the applicant has the ability to come back before you and ask for consideration modification deletion and that's how we got here it's totally the of kind of tell us willingness to work with and i think the other thing relative to the special management area is time constraints are set so that it can be reconsidered to see whether or not original founder of expeditions the line a ferry one dwelling is proposed for estuary choose the four bedroom dwelling built in one nine hundred seventy five has a kitchen one living room one family room through a laundry room walk in closet three and includes garage the permit request is for all four bedrooms in the drawing now to speak in even more detail about the proposed as terry chairs the applicant to st you commissioners for allowing me to speak i've been going to the island since the eighty's my brother used to invite me over and we'd spend a week or so and really enjoyed it great came to the islands back in the early seventy's he originally built a big project on hilo and then came to maui and built two of the high rise places down there and kind of poly so he then did other building and why he was here he certainly noticed the plight of the nih and peoples over there on the nih where they were stuck at the company store and you know that and he gave them the idea of you know he could put together you know i great service for them and that wonderful place to be and it's only a ten minute walk to the beach and so it's a wonderful time to go down and enjoy it right there in the resort as well with that here's a basic core plan but in the point that i want to make when looking at  at half nine hundred eighty degree view that we have towards the ocean so it's a very nice view and we we love it out there in the lower bedrooms we actually have three bedrooms and one bath and that's one of the reasons why the house is well suited for a party house it's not well suited for couples we like to see it as a family house and we bring our grandkids over and so it's well suited for a family and say grandparents and some kids to stay in it so that is really a nice size house with them or nice it's more like twenty four hundred square feet with the separate spaces two different family living areas with the upstairs living room the downstairs family room and lots of space at the gardens is great from the standpoint that all four sides is well protected with large hedges and so because of that we don't get to see our neighbors and we don't hear very much of them either now we have tools on three sides and we hear more  splashing of the kids in the pool than anything else and the gardens are such that basically we get to hear the birds chirping in the morning more than we hear the neighbors sound likewise they don't get to hear us very much either so you know it's very nice that we have the front yard is the one with the car showing in there it's blocked off by the palm had and then the back yards are three sides and all faced with those high hedges there so you really can't see the homes in back  that gets all the noise and privacy for the place it's a full quarter acre l considering how we're running this place we've set it up so that we do good screening on clients that we're not looking for the couples we're looking for basically the extended family thing we know that when we had family over there you know if you had like we used to go over then spend the month of february all the month of february i come over and do a week of work and then my wife would bring a gaggle of girls over and that would kind of work out and they'd have a good time i have to go home and work but  but it really doesn't work out well to have you know people that don't know each other very well in the house because the bathrooms did so with one bathroom downstairs for the three bedrooms well in that situation of course and standard things like house rules and all the rest of this is we maintain what the commission likes to have quiet hours the neighborhood itself has working families around us and so we certainly respect that and when we're over there we always we talk with our neighbors we're on good relationships the vam but we know they go to work the next morning and so that means we've always respected them and we go around and talk to them and see how how things are going in the neighborhood and are up on the things that are going on so the parking issues we have two car garages completely open for guests as well as a this is how we see the thing will work using the r v o but from a liability standpoint i personally don't like to look at clients from other than united states and canada or a local i know we've had friends from other countries come local clientele names servicers service providers such as my property manager walter bissette he lives on the west side so he's when the thirty mile criteria is a real estate  so other things to note white person captain craig and a star of that business back in seventy five and as i mentioned earlier it's because of his commitment to those and i n's that he went out of his way say we've been coming here since the eighty's when crack passed in one thousand nine hundred nine i became part owner of the house my mom actually took over the business that point in time and over the next three years we sold the two thousand and nine my mom passed away my brother and sister out of the house at that point in time and started moving i've had forty years worth of work in the industry basically as a defense engineer working electrical software systems engineer building very complicated systems for the u s government and with that then it was forty years for the siting career but my work is not done yet in here we have strong in california and also i've been to our church over here our lady of victory over in la hina several times and have been asked to do in the knights of columbus so i'm setting ties down here you know we're doing all the right things to retire in a couple years betty and i way thought about well why do t r s age versus long term running or something like that and that is well the work on the house isn't done and ready for us to retire we also have a ninety eight year old mother in law lives with us and you know since she was over here she's can't come in over here anymore she needs a full time care taker that kind of limits are options and so we're kind of betty's full time job is doing caretaking for her mother and so as far as i go ways i'm looking forward to the time that our work will be done in san jose and will be able to come over here and live full time in the meantime we've done a number of upgrades to the house put  know upgraded the siding that house to help out the insulation from aids facing the west side so you know working with windows and double pane windows and we do i have to be putting in more windows and things like that and we're not rich we're just a working engineer with retirements around just to make it work and half my retirement is actually working with a short term rental or mending our income from a pension to make it work so that reason why we're  looking at short term rental so i can continue to work on the house get ready for when we're moving over here full time so although why is why it works first is long term and short term rental generates i estimate about a grand a month in extra taxes that come a protest letter was received from deeper who was concerned about the amount of short term rentals concerning her surrounding her home she said the on beyond center neighborhood changed and there are more cars parked on the street tried to reach out to this neighbor to discuss the concern but despite numerous attempts the neighbor was never available to speak with the neighbored notice was provided twice once for the us here each application and more recently for the public hearing two letters of support were received one of which was from the next door neighbor who's also operating us theory the other is from a neighbor across the street and the neighbor noted that vacation renting is less of a burden than a regular household would be in his opinion the application of the permit subject and subject to twenty three standard conditions and recommends that the my planning commission adopt the plan in departments report and recommendation prepared for the december eighth two thousand and fifteen meeting as its findings a conclusion of law and decision in order and to authorize the director of planning to transmit said written decision in order on behalf of the planning commission questions from the commission photographs were certainly provided for where the smoke detectors are in each of the rooms and is usually above the door exit door that along with the sign posting the exit strategy we even have a exit fire latter off the originally back in the seventy's where governments were originally created then it did not have anything clothing the use rentals in the neighborhood at that point now since then though they have gone bankrupt good for the question is was this property previously used as an illegal short term until this house was rented out to on my friends and family when we were on an island or weeks at a time  yes yeah less than six months yes to family and friends three months no less than three months excuse me and what's that three months having to do you rented out for three months at a time less than no no no no less and that usually when family and friends come over to be at a week or two at a time building at your regular meeting on april ninth twenty thirteen planning commission reviewed this application accepted testimony and after due deliberation unanimously approve review board and they were really impressed with the changes they had no comments at all or suggestions to the planning commission the applicant is also met with the community association and a letter of support is there we also have wanted to make sure with that people are getting surprise with any information and they also supported the project which is the letter that i just distributed other than that there's really no changes when it comes to traffic everything's remaining the same because the square footage is staying the same it's really just kind of a shift in the site plan but it is a significant shift so we wanted to bring it before you to acknowledge the changes and see if that's acceptable with the commission the applicants going to give a brief as indication of what the changes are and we'll go from there owners hired my firm to initiate the design and construction document of the overall project as we started looking at some of the details of the project we sort of came to the that yes possible to execute the previously approved design but we wanted to make some tweaks to that design to make it a little bit better for both the users of the facility the developer and long term benefit to the overall compared with that in mind i'll give you a little bit of overview of where we're at generally just orientation while they drive on the left hand is outlined here in red when they purchased the property purchased the entire parcel outlined in red so again we're only talking about modifications to this area some of the work done by the approved by the previous we approved estimate permit was within the clubhouse and retail shop area that the first two phases of work have been completed on that and so we're talking about the rest of it again orientation the original these are the original group plans there flip a little bit while a is on the top side clubhouse here this is the configuration that was previously approved it was five enlarging that a little bit more again so now people can actually see the buildings on this area were single story building centered around the plaza area freestanding building located here into freestanding single story buildings here we have determined when we started working with the overall grade on the site is there is about a six foot grade change generally this side of building sees a decided building see the design resulted in a lot of retaining walls that are actually showing on here previously as well as stairways and things like that and it became a very unfriendly sort of place to get to similar here there's a great difference of roughly fourteen feet from the lower portion here to the upper portion here which again resulted in retaining walls along this side of the building along the side of the building and the relationship down here same thing to in order to flatten this plaza out we ended up with a very large painting wall separating the project from the existing retail and golf course configuration as well as retaining walls all the way on the side so we looked into how can we make this a little bit better how can we make it a little bit more customer friendly and came back with a configuration that looks about like that this is actually the final configuration or what we're proposing to do is a single building in this area a single building here and a single building here so reducing the number of buildings from six buildings down to three buildings the previous slide here is  shaded areas in pink here are the previous approved locations of the building and the black and white is the proposed locations of the building building c which is located down separate buildings we determine is probably better suited as a single two level building in this location building in the shaded areas building and she was here were all single level buildings previously we've determined that we're better suited to do a two level building in this location in the single level building at this location enlarge the overall plot area and essentially a lemonade all of the retaining walls that was in the previous design to further explain that gas is a site section so again what we're proposing to level building here to level building here a single level building looking out onto a larger plaza and since we were working with the existing grades we determine that there's somewhere in the range of twelve to fourteen foot great difference between the lower portion of the building in the upper portion of the building and then rather building up the site with large retaining walls on the side we determine to stack retail portions thus reducing the overall footprint on the property by roughly forty percent and then putting that area back into plant area so essentially we're built into the hillside with the lower level and so we're we can walk in on grade from the parking lot the upper level and the lower level footprints of the various buildings this is building proximately thirty one hundred square foot level stacked on top of each other a lot more seating area on the upper level or anticipating potentially a restaurant on the upper level and potentially a hillside a grand stair in the middle upper level so shaded with the parking lot on the upper level you can walk through with a comment on the second level outdoor seating on both ends of the building  it's the building up towards the corner of the property so from my side of the property it appears entirely as a single storey building from the high side of the property where the gra appears as a two level building lower level built into this whole side in the upper level generally above it we did have our only real concern that we had expressed by anybody associated with the neighbors was from colu their only concern was the did not want to see a story building that would potentially block their view plane and so from the point perspective all of the buildings are just a single level building and they're not any higher than what was previously approved as part of the original lesson in building materials and colors and materials are similar to what was previously approved it's a very low profile building plaster exteriors wood trellises and everything that looks like the existing wailea blue and retail we do have a color materials sample board that is in both the building is again the lower one is a view from what  between the two levels in the architecture is very similar to what you see at the wiley two clubhouse building the building is me is a single storey building similar to what was originally approved just  monkey pod tree overlooking the plaza area again we think that just stacking all of the footprint on top of each other is a great benefit to the overall site allows us a lot more flexible community area in the front allows you planes to and from the interaction of the general public with the overall developer develop this is the view from what you would see you can drive in sort of the entrance to the overall project so our parking overall is just about exactly the same place it is a increase of actually four stalls from what was previously approved our overall building area is a decrease of two hundred seventeen square feet for parking if you're rationing your circulation or training which landscape are just minor equal part ments and everybody to be urban design review board has been very positive in that it's moving in the right direction so again we would like to propose these modifications to this group to  in the books or on our radar for a number of years we are very happy with this design is lately much better than we think the other one was for instance the set of three buildings being right up against a drive there is not one which really now sets everything back off the road and present a visual as if you come into a store i have spoken with the ford and they're satisfied with this project they like a fair that it stayed at a one story building matter fact what we were talking about is is some of the owners want to know when it's going to start because they'd like to have a number of those big ugly trees out of their views that way they are so they felt this pose much better than what's what's there now so our design committee did review this completely to section twelve to go to seventeen of the estimated roles any person is allowed to amend a special management area use permit or time extension or modifications or to amend any of the conditions placed upon the  so the department is recommending that the commission approve the proposed plan design modifications of s m one two thousand and twelve zero zero zero one the plans are dated august twenty eighth two thousand and fifteen and thereby the applicant will not be in was originally constructed to handle all the drainage from this and so there's sheet drainage generally that comes all the way down into this retention area so the drainage is exactly the same pattern quantities and everything that was approved to transfer proposals to use the same uses state land use district boundary map the project is located in the state district the project is now located in the urban existing hospital remains in place the remaining portion of the hospital remains in place an unused portion of the project is a character photographs of the area and road and later road looking over the future they might pursue some expanded uses but that will be dealt with after the completion of the transfer of ownership so the application complies with the applicable standards for state special use permit as such the department recommends approval again approval is based upon the fifteen conditions detailed in the s u p time extension approval dated december eighth two thousand and fourteen in consideration of the foregoing the planning department recommends of them are we planning commission adopt the planning department's report recommendation prepared for the december  two thousand and fifteen as its findings of fact conclusion of law and decision in order and to authorize the director and to transmit said written decision in order on behalf to question from the commission missionary danny i saw a letter requesting change to accommodate crusher yeah so that's what i was mentioning is that this time we're just dealing with the transfer of ownership and then they've indicated i think the initial plan was to try to do it all at once but we weren't able to the time didn't allow to deal with the change in uses so we're just dealing with the transfer of ownership today sometimes he's brutally honest joining us is heavy industrial the community plan is like the street is there a community plan amendment that needs to be executed there was at the time that this was being processed there was a proposal to do two tracks  as a result of the economy it became kind of the one track at the time and so it's kind of a de facto heavy industrial because the vehicle processing is not permitted  thank you nice to meet  so i'm trying to get more information on what the exact uses was for that wing but i have not yet determined what it was thank you i'm voting in favor do we need five minutes  we are ready to  go good afternoon members of the planning commission the item before you today is a item that was deferred from consideration on september twenty second two thousand and fifteen t chew on what's happened since the last meeting that being the case all of the commissioners have been given a full briefing of them as the exhibits and the minutes that occurred on september twenty second two thousand and fifteen to update you from that meeting the reason that we're here today and the reason that we were here on september twenty second was there was more than one short term rental home within five hundred feet one of them is mr j moore across the street another one is that extreme boundary of the five hundred but since that time this commission has given approval for another one and the extreme boundary that would be for brianne or tune that was approved because of deferral at the last meeting therefore in consideration of the one that was just approved today there are now thirty five out of eighty eight in the west maui district so we're nowhere near coming to the eighty eight which is the maximum short term rentals in the  area the second reason that we were here for a public hearing was that there were two residents to the south one of which had written a letter opposing this and one of which said stand a signature against it that however on a petition who was opposing it however the south ridges and the amun to the north of the property are supporting it with a letter and we have support letter from mr moore who is directly much high across the street so there is not a preponderance of evidence against it or has really poor it seems to get balanced perspective here the letter does mention some issues about financial considerations of an individual the department does not consider  we may or may not believe an individual has own that part of the letter we would not consider it but it was in the letter they did mention that they had concerns about the tourism in the  area that being the case the commission there was a recommendation for approval which garnered three votes that failed there was a recommendation for a denial of the guard three boats that failed just to mr krishna robinson had recused himself due to issues that he could explain today if he wishes so he was not part of that voting bloc therefore there was a motion then to defer the  item at such time as there would be additional commissioners here there are additional commissioners here but unfortunately we have also lost one today so we do have a few more commissioners here today now i think it's germane simply because it's part of the record news it was on the front page short term rental home approved for helen hunt denied for fleetwood well that was an incorrect headline it was not denied it was deferred it's my understanding that that article while it was retracted in a smaller correction and a couple of days later inside the newspaper that this headline gave the neighbors who may have been willing to reconsider now  less desire to reconsider as they felt that it had been denied so going to the neighbors which miss mitchell has done multiple times trying to explain to the neighbors who are opposed to it this headline has not assisted in that manner that's just a matter of fact this is what has transpired therefore that leads us to today i have given the members a letter of deferral sent from the planning commission the approved minutes  shows the votes and the discussion the applicants date on contacting neighbors and a copy of the applicants our points therefore there be mitchell can update you on what's happened and she can either goes through the whole actually these are the two responses that we made to the letters that we received originally and originally there were three individuals actually four individuals one of whom also wrote a letter that had before calling the police was all they had but now there is a full time manager twenty four seven we have quiet hours we have a permanent sign you know all of these will be in place if the permit is granted   followed by this correction couple of days later unfortunately the damage is done mr eubanks lives in oregon and he all communications deceased so his daughter currently lives in the house right now we reached out to her and she didn't want to make any waves with so she declined so we really feel like it hurt us a lot to have that kind of negative idea out there  did once again reach out by letter and by phone but you know i got to the point where i didn't want to make myself an annoyance so anyway we did reach out very much to those folks and with this is again showing kind of negative lead back to one particular group that was staying there before he was aware that it was even illegal to do this so you know as soon as he was aware that it was illegal he shut down all  advertising hired me we did it the right way so we're hoping that we will allow the process to work out the house which the ordinance puts in place  anyway we just ask you once again to think of this you know some of the letters had some rather derogatory things to say but this is actually a resident he lives here on maui he employs one hundred fifty to two hundred people something when they don't even live here this is someone here and also another point to consider is that there is a cottage a two bedroom cottage on the property right now but that is not a part of this that's being kept separately where he can either h caretaker or possibly even a long term renter which is more a more affordable dwelling for a long term renter than the main house would be so he's deliberately done that to show that he is on this property the department continued to recommend approval of the short term rental subject to the twenty three condition those conditions are outlined in the original recommendation report which provides for extremely well mannered full time on the island management an opportunity for any neighbors it may have concerned today to certainly listen to in the future where they  she didn't want to go against her father so she declined she declined to let me think you just pointed to make a statement that she was coming out for it she just wanted to keep silent about it look at it she didn't want to go on record as quite a number which this which is that which is outside the five hundred foot boundary in parts but if which two of them one owned by trig or to the other owned by  to father and daughter have been approved so what the issue might be with regards to brianne fortune hers was deferred two times and then deferred a third time which actually then makes approval automatic because there could not be a decision made of members so the fortunes have to within five hundred feet both of which have been approved and jane more right across the street he has one that was approved ministre dibley because it came back in two thousand and eleven so no denials have been done but we did have this odd deferral approval i don't remember seeing any within the five hundred  beginning of the process by which there could be any number within five hundred feet in the first year and then trig and then bring his daughter who is approved via the deferral method by this commission so that's right there's only been one but this commission owners are unified in agreement of our protest for the short term rental and one there was also bet you mr eubanks signed that this is in the original report and then  another adjacent mr are real he also signed it so by signature it's a not a not a letter it is a signal a statement saying that they are in opposition and then there were four signatures so there is just a distinction there that we want to make no it simply is the fact of the matter one is a letter one was more of a signature petition so that was in the original report  right after the eubanks letter and right before the the dead nelson letter to letters and then we have the signature page i think you're coming to it there you go stop it that exactly that was the eubank letter that you used you you're looking at now then that was a separate essentially it's a one sentence opposition and then for signatures that came in which according to our rules that is a written protest which whether it's a signature or a letter there were two written protest by adjacent neighbors ninety ninety days that's how it's going to ask and so it's been about three september october november we're getting close to about three months whether or not there would lot in that area well all of us now i can have eighty eight and right now as of today there's thirty five that have been approved on the w complaint we investigated somebody said there's a scaffold up you know they're supposed to be preparing for painting for some reason the scaffold stayed up for quite a long environmental assessment determination on its final so it's going to have to strike out in it with all the revisions i did a little later but you all got a copy for your homework reading over the holidays