to someone who will be limited to items listed on the agenda to do it pursuant to the rules of the cultural each system for will be allowed to testify for up three minutes for i don't want to us to find the state your name and the name of any organization you are you have anybody signed up to give public testimony so we have one person coming forward aloha chair carol and the members of the committee i am frank junior business development projects director of economic development board and i am testifying in support of l you for once again i want to reiterate what vice president leslie wilkens of m e d be shared at this podium at the last meeting of this committee and he is very judicious about what we testify for against would not violate our mission in values which emphasizes social and environmental responsibility economic diversification and especially respect and sensitivity as it relates to the rich heritage of our  heritage which by the way i share and he has involved been involved with the development of the park since its inception many years ago and was one of the original partners in this development i mean the building and headquarters are remain in the part it's important to note that the are in t park is not a new development the action the committee is deliberating today is an update to an existing development no additional land is being added to what has been planned since the one nine hundred eighty s this is a course correction for an already existing and operational development as you know in the mission is to encourage appropriate economic diversification the r and t part provides a place for that to happen a significant number of employees in the park are from hawaii and the typical wage of park workers in their versified industry is well above average and as you know over the years has taken a lot of efforts in workforce development and education to be able to fill a lot of those jobs with our local children is important to have a flexible plan too that will allow for the continued growth of the park by being an attractive location for a diversified industry for many years to come after evaluating the master plan the board of directors voted and resolved to support the research and technical part master plan update the board believes it is a good plan and will help economic diversification and it meets all the benchmarks i have highlighted we hope that the committee today will support this application thank you very much mister good afternoon everyone thank you chair carol for this time thank you council members for your time today i'm here to testify on behalf of this the merits of this project for research in tech park my name is jean zorro and i am the c e o of the south maui learning ohana we are one of the property owners up there at the maori research in tech park and i'd like to tell you today that our project has been approved by u s d a we've hired the contractor and everything is going forward it is a nine hundred million dollars project this may very well be the first school ever built before the houses so we are very much looking forward to establishing this school up at the maui research and tech park however if it were not for the research in tech park  issue before you right now we would not be able to build this school we need the the things that the tech park is asking for we feel like the previous test fire said a course correction when when we divide when we designed a school the very large set backs that would have been in existence if this doesn't pass would not work for a school we need the empty land the free space behind the building not in front of the building we want our students collecting behind us not out on the street in front of us so one of the design factors that really helped us in selecting this property for this development was the fact that these new design standards were very pleasing and very offer a sustainable model for us to build with and so having a streetscape development that puts all of our students behind the school and takes all the free space and consolidates it into one area was very important also if i'm a woman i'm addicted to yahoo news  and yahoo news just had a article come out and here we are at maui again at the forefront school development is going vertical and it's going vertical for all the obvious reasons for consolidating free space and to be in places where the population is growing that doesn't allow for two hundred acre campuses anymore so here we are in a development mode we will be building a three story school and the height requirement we are we are in need of is just a few feet higher than what's currently allowed so it's not imposing but it is something necessary for us so i really urge the council to approve it is a great project it could be an example of communities to come for maui and it is necessary for south maui learning ohana in order to build the building we've currently designed thank you me my name is lee c n d nay i'm testifying on behalf of the sierra club a group and i did send over two pages of written testimony we address some of the historical cultural sites last time we sent some supplemental information to the chair and hopefully those who are interested got copies of that but we would like to address two other issues today as well and suggest some possible conditions that this body might consider as they move forward with the review one deals with traffic and other traffic study is a little bit dated as from two thousand and thirteen it makes some assumptions that may or may not be true including that there will be some supplemental roads built out by the time that the traffic impacts of the project emerge of course we all hope that this would be true that the north south collector road would be completed and so forth and so on but you know if wishes were horses we wouldn't have any traffic problems and we do and we have we've had gridlock highway before it was made for lanes so i just suggest here condition it's very simple it's not not my work it came from the state land use commission they did not choose to put it as a condition of zoning but their staff very much recommended that this would be an appropriate condition and that is  that there be a completion of the lower drive or the north south collector from road to kona cairo prior to building permits being issued for this project you might want to change the configuration of how far the road needs to exist but really there should be some incentive for that to be in place because it's going to be needed the other topic we'd like to address is drainage this area is bor yes the county requires improvements only to address the drainage that you generated on site they do not require any improvements to deal with what already flows through the property which is a considerable we have already have flooding down slope of this when village was built they were given a condition that they had to address upslope drainage by installing a couple of retention basins these were on the exists now on the property that's in the subject of this proposal and if you look at the fine print of the deed you'll see that there's an easement to maintain these that goes through and twelve i don't think it's unreasonable to ask that further upslope we try to keep some of the runoff that's now going into this property no it is not the fault of this property that is there but that we try to keep some of that and absorb it upslope as a condition of development obviously there's a precedent to this because it was done once before for a project for makati so i hope you would consider this very very simple  condition unfortunately our laws just don't address the stuff and so what we have is flooding problems that no one can deny of the third thing is about the archaeological and historical and cultural resources we just want to repeat there are there are some things here that really should be protected and certainly if this project wants to have a sense of place this is a very important there's fish ponds at the coast there's a there was a large settlement just to the south and  should try in our conditions to urge them to put any known cultural site even if it's interpreted as being from world war two that's in an open space area or a park area protected for the boundary wall i think you were told that it's going to be preserved as a result of land use commission conditions i sent that particular condition over to a chair carol and it was left out of that condition so it should be put in your condition and then the walled site i sent you guys a picture of it's true that it is not in the project site but the project has a proposed access road that goes somewhere very near it it's just kind of a dotted line on the map so just in case we don't know where that alignment should be we should just make it clear that alignment shouldn't impact that site even though it's not on the subject property neither is the access road on the subject property so since there's going to be an offsite impact we should consider that offsite cultural resource in that impact and then you know if there are other cultural sites that are located which it appears from the map in areas that might be open space or park let's just say that you know that they be protected as part of the park design usually it's pretty easy to fit those kinds of things in and then the historic road it needs to be determined which portion goes through the property there's different maps in there yes and the archaeological map shows clearly two sections of the road passing through but the other maps don't map that match that particular map so that would require a little bit of work i sent chair carol a whole series of maps that show the location of the road on public testimony is no closed knowledge b c employment in fields such as scientific research education health care a medium production and approximately thirty five percent of the acreage did akita to other purposes including parks civic residual and commercial uses those buildings to establish most research and technology park district in a comprehensive zoning ordinance with the stated intent of creating opportunities for a broader range of desirable knowledge based in emerging industries and  remedial action addressing traffic impacts of what is to do brought before us to do touches on over try to address over here i'm going to bring these bills the ones i have before you elect to bring them forward one by one and if they or satisfactory if you feel you have adjusted or if you like to be changes we can make amendments on the floor but i'd like to do it this week is a really good start to work  is that correct mr chair that conditions already in our exhibit b is just the name is changed ok i just wanted to the next one number two perkins on the project manager for my research and technology park and we have no issues with the proposed condition  if i can get comments from yourself if you're able to comment at this time sure i may ma'am if i may do defer to our traffic engineer ok that's fine as long as you know i can get a gay you like it or that's totally not yet that would be a nonstarter from our position we already have a list of twenty eight conditions imposed by the land use commission one of them being that we have to have a memorandum of agreement in place with the department transportation all the improvements we have to have of what our contributions will be before we can go to final subdivision approval we also just you know we just discussed the proposed condition that we also have an agreement with the department of public works they're getting ready to kick off a regional traffic study here in the in the near future that will hopefully quickly address the issues surrounding the mouth of the makai collector  south collector rocky hay and you know what we would like to have the ability to continue to build and not be you know basically dead in the water until that road's in place for a number of miles mr coach discussion there either so i am not aware of any i thought i'd like a moment to confer with archaeologist if i may it may might not be an issue but i you know i i'm not aware of any any sites mclean if we can just comment in the mean time through the process they did their archaeological work as well as cultural impact assessment as part of the environmental  review process and such access should have been identified during that process so if they haven't been identified yet it's not clear what steps this condition would require for them to attempt to identify them again so when we're looking at conditions we look at how they need to be complied with and so essentially they would just tell us we have sought to identify such excesses and haven't found any and then the condition would be fulfilled so if they will tell us today that they haven't identified any trails through the archaeological and cultural work that they've done i don't know what else is expected of them to go and essentially look again so we're not really clear what's expected of them beyond the work that they've already done which are visitor you know mclean thank you but you know this one when i read it shel identify and preserve traditional beach and mountain access which may be required for the public access of the beach in amman and if a political prepare a preservation and but which may be required for public access so that if there if there aren't trails that are required for public access what are they being required to identify that's what i'm stuck i'm not exactly sure i mean i understand with the with the deputy director's point is that generally for these types of you could call them pass rights or gathering rights they would need to be identified before the approvals are given meaning that you would want to have a that done as part of the archaeological survey so that when making the decision whether or not to grant the zoning you would impose the required easements or trail maps prior to actually imposing that condition i guess the questions being asked and i don't i don't think we've heard from the from the applicant today anyway on this condition and whether or not there has been a survey that would have identified or thrown off survey that would have identified all of these accesses because that's generally something that needs to be done prior to any approvals being granted rather than if i don't know if something is identified later on that could not have been foreseen i suppose but generally laws would be in place to protect that anyway so i think it's a valid question to just confirm if there has been anything found and if so where are they located and if so would more specific conditions as to those trailers should be imposed right now prior to granting the zoning so that those conditions those trails are preserved and if the survey either if the you know adequate research hasn't been done then generally that needs to be done prior to making the decision to rezone the property and presumably with the land use commission approval that's already been done at this point and it would be helpful to hear from the applicant but i think that the issue is not that it's not necessarily the shower language because that's generally something that has to be done prior to the entitle mint can can be granted i think the point is  is being discussed is was this already done and if so if there's no trails identified what would further action is required at this point are there is there a need for additional surveying is there a need for marking out these trails and putting them in a condition or is there i mean is there some reason to have this on here where if in the future something happens that there'd be a protocol in place which generally the state would have to follow would require them to follow anyway but i think more information from the applicant would be helpful at this the legal stuff confused me a bit but simply in our full survey of the project area there's no traditional beach and mountain nexus trails for the project area at all talk with chemo kayo also did the cultural impact assessment he came up with the same road that was constructed in the one nine hundred forty s as the military use that area for training it goes about one hundred forty meters through the northeastern section of the project area it's been listed as six four eight five and was recommended for adaptive reuse by the state a storage preservation division as the only road trail access anything else in the project area that one segment legal people that maybe something has to be put in that if anything is fall in that immediate stopping off in that particular area but they've done their work and so i just want to make sure this language is the forcible should chair i know that this condition talks about traditional beach and mountain access trails traditional to whom or what was cultural i mean pre  contact we use the word traditional to mean before seven thousand seventy eight traditional period that's the way we use the word i'm not sure how it's used here and i guess that's my question for the  chair is is that your intention on the use of the word traditional as well i don't know that any beach access has been preserved because you've got a highway running straight across any potential old beach access so that i'm not quite sure how that would  work and i'm assuming you know without not not hearing anything any kind of objection from the chair that's what he means is for traditional mountain access trails and to me a an old world war two road is not a traditional mountain access trail but if there are others which they said that they you didn't find in the other did not know how likely is it to find in inadvertently buying one i would address because she just sent us gave us this testimony today with some propose conditions so i'm wondering if some of these in here you're trying to address them this number for  and how and misogyny is still here if we can maybe use or as a resource person i think because she has i believe a good point here and if there's a way to word what we're looking at to address because i get the gist of what she's trying to say and what we're all sort of trying to come together to say if there's something in there i know archaeologists to say no they've done a thorough enough job that no this army road regardless i believe in the community plan states you need to preserve any roads fifty years or older and things of that nature and i believe at times roads can be from a traditional role to a lower trail what have you some of our asphalted roads have followed that unfortunately got paved over but so you know i mean chair and in some of her points it's recorder and recorded and basically it's have it in place that the company the developer protects the right you come across you don't know it today but you come across it would under construction and i like that idea you know i think we should look at that so if an even though ill year golf course you know may impact something upon these people's property then it should be understood that this entity and the other entity agree there's such a sight that music be preserved in the work hand in hand and it's not forgotten and it's you know they're sort of workin with so  i like her proposed conditions and i know your dress number one but i'm trying to see how to do that for can be incorporated in this number four we're now looking at it do you know what i just want to know the qualifications chair carol and members of the committee my qualifications are i was trained by by uncle rene so unclear lindsey and others taken to show cultural sites and thought the ways to find them and the den of fire them i've worked with them our cultural lands to identify hundreds and hundreds of sites and many different locations our boy dixon used to call it and i up and say hey there's been a fire let's go and check out and see if we find some cites he was the head of archaeology here in maui i'm the author of a book on the history of the mckenna area under a commission of a grant i was chosen by the family to do the research on this so i have done a lot of research personally in writing this two hundred page plus book on the history of s working with maori culture land volunteers we have identified hundreds of sites in the south maui area while they are six seventy mccann and so forth that had not been documented by archaeologists and we appeared before this committee and said that there were sites there this is now been proven by mr dakers work so i don't know i think we were pretty good track record as citizens are trying to follow in the steps of our cupola i do not have a degree in archaeology i've taken one anthropology class i'm an english major so but i have walked and documented and talked to many about their memories so that's what i kind of base my expertise you the new objections to a i'm looking through your conditions once again in regards to the archaeological aspects of this and not sure if you had a chance to see condition for i'm trying to see how to incorporate the types of protection you're looking for within this number four and if it does address it i'm trying to determine preserving traditional beach or mountain access trails prepare preservation mitigation plan and things of that nature and conditions for would help address you know what you have proposed here thank you council member cochrane and thank you all for this indulgence hopefully it will  beneficial of the i have not a chance to chance to see any of the conditions yet i asked if they were available and i was told they'd be made available today so today is today and i saw them have a copy of them so i'll just speak to what i've heard the language that i heard appeared to be pretty much a exact quote from county law its title nineteen point five zero something it's the change in zoning requirements for the county of maui i've found that when you're considering a change in zoning that it's good to look down the list of what's required and this is one of the things that's required no it is a very good point of what is the definition of traditional mountain beach access i don't dispute that the historic road that passes through this property i have no absolute proof that it was traditional mountain beach access it does go to the mountains it continues all the way and joins in to the kilometer or road and i sent a series of maps to cheer carroll that showed this very clearly it goes all the way to which i guess you could say is the mountains and it has many spurs that go down to the ocean off the road including to colombia park and  area so it was used by of folks after the military built it it was used by horses i know this from speaking with that interview for my book the road to key hay was so bad that people did not go along the shoreline they too that upper road and cut down after the war and so this road has historic significance of putting together the requirement of the key hay mckenna community plan that by the military it might have been based on some traditional route it has kind of a weird pattern of how it goes which usually indicates it wasn't a military design it was a design that was maybe more traditional that the military just improved  i don't see the harm as mr davis says it has been a den a fight site number it goes through many different properties if it has a site number and the idea is to incorporate it or avoid it i think that that would be very nice if it's incorporated as part of a bikeway or greenway or something like that i don't think anyone could object to it it may be that this property because it contains a major girl gulch why put it on the gulch that goes to a major fish pond had traditional access along that gulch traditional access can be disrupted you know the evidence of it can be disrupted by many activities including bulldozing you know floods and so forth  but the concept that there is a historic road that passes through and that the change in zoning requires a den of occasion and protection of any traditional mountain and ocean access i think you know kind of combine the two in this condition i don't think this condition would do any harm to the applicant it basically just says you know if there is something to protect there do your best to ident and protect it and since they want to create the sense of place it seems like this would be right in keeping with their mission statement as for incorporating the other conditions i think you'd have to if you wanted to suggest that they incorporate other sites into their open space and so forth i think that would be a separate condition that someone would need to propose as part of this process thank you i hope that answers your question thank you for your time  used after the war she's confusing the roads just like she confuse this is being that can kilometer road it's not so that's they are just being compounded here let's just call it the army road that was built in the fort and not used after that was probably used by the ranch people but not publicly after that point just to clarify as far as the condition number four maybe i can help just a little bit having written a lot of preservation plans and monitoring plans and things under the age of thirteen i think your attorney could look this up there's a section on the inadvertent discoveries of historic property said occur after him and tories or data recovery center other things you could simply phrase if inadvertent the discovery is found of a trail or other significant historic property then the next phase is the call the state to store preservation out immediately to evaluate the property for significance and make recommendations all work in the area does stop at that point for the evaluation and then you move on from there if it is significant preservation plan will go in place if not then the development continues on th my understanding before i said it's the chair this afternoon that when we are doing excavation you know disturbing the land in any way and we inadvertently come across something that automatically this gets taken care of everything stops and you have to take care of it or do we have to stay in the conditions in there is a protocol it depends on the face of work in this case you would stop the working called as h p d because  archaeologist is not on site i see if we were on site and we had to invert and discovery then we would record it and do a significance assessment on site and call the state historic preservation and just deal with them directly and this is your standard deals with stuff like this all the time of i was wondering if they had any comment on this thank you chair just hearing that all of the discussion my copper and i talked a little bit and if the committee does want to move forward with a condition in this regard which we're not certain is necessary but just to slightly modify the condition proposed by the chair to say in the event that any traditional beechen malka access trails are found now we are in t partners shell identify and preserve such trails and if a political preparer preservation mitigation plan so it's the way it's phrased now such trails exist and that's what we're not sure about so the suggested rewording would say if they are found then they have to be preserved the way that the condition requires so that's just a suggested i get a modification that was  you would you suggest to victory in your mind if that change was incorporated with your you know instead of your for use her what she just what mr green just put there and used that as number four it's just that it's social identity and preserve and i think the name is correct that's that's kind of part of the application requirements and says one of the application requirements is plenary archeological and historical data and comments from the department of land and natural resources  office of when affairs of the state and if a political preservation mitigation plan which has been reviewed and approved by the department of when a natural resources an office of when affairs of the state and so that's why the wording was a bit odd because that's something that should have been already done and it looks like this me suggests that wasn't done already and so i think the idea of the condition would be if if any inadvertent in discoveries are different here this is for roads and beach access is only  other discoveries of a different type are are separately covered in h r s and those can be different than than this but i think that's the reason for maybe the the wording the change in wording maybe to deal with any possible confusion of that this wasn't done already and i think that the applicant is is saying is that and maybe they can comment on what is your view found but i think what they're saying is that they've done this review and have are deciding that there are not trails that they're going to be preserving and the council has that information before  d this condition would deal with if there's anything that was not known at this time that would would come up later as a possible trail and again i i did not draft this condition i'm not sure of the intent of it  and i'll read it in its entirety in the event that any traditional beechen melka scuse me in the event that any traditional beach and mountain access trails are found now we are in t partners inc shall identify and preserve such trails and if a political prepare a preservation mitigation plan after consultation with the state department of land and natural resources in the office of hawaiian affairs so the latter half of the condition remains the same mister just a comment there's just deals with the trails issue and number four if there's additional conditions that miss his d n a had had provided i haven't seen those yet but i think it sounds like those deal with additional issues in addition to these trails but i haven't seen them yet so just to note that this is for the existing number four that was in the original four conditions that you were reviewing prepare and bring forward also so thank you chairman thank you mr hopper what i've been trying to speak to is the comment you just brought up because i'm wondering with in this current number four condition were discuss if it can be expanded to the wording about cultural historic sites or would those words include trails traditional trails if you use the words cultural and historic sites because i want to make sure that it's all protected if something inadvertently is found but it has a cultural historical significance so not just yet trails but not just trails and i think the words in his that he's number three three stating recorded unrecorded cultural sites seems the be in line not have a blown into something that it's not intended to be private thank you terry as court counsel said there are different state laws relating to inadvertent fines of cultural and historic properties that doesn't that that can't be repeated in his own condition we see that oftentimes we see existing laws reestablished in zoning conditions just to emphasize the importance of compliance  kurt who's the staff planner on this project pointed out that the land use commission decision and order which governs this property and which is tied into the first zoning commission that you've already approved relates to previously  identified burials and archaeological historic sites this is condition number nine is not very long so i'll just read it in the event that historic resources including human skeletal remains are identified during construction activities all work shall cease in the immediate vicinity of the find the find shall be protected from additional disturbance and the s h p d a island section shall be contacted immediately without any limitation to any other condition found here in if any burials or archaeological or historic sites are discovered during the course of construction of the project all construction activity in the vicinity of the discovery shall stop until the issuance of an archaeological clearance from the us h p that mitigation measures have been implemented to it satisfaction so that's an existing l you see condition and you have a zoning condition relating to compliance reports of the l u c conditions so you're connecting years owning conditions to to this condition and all the others that are in the decision in order ok ok you know i mean i know that you know we don't want to be overly redundant but so i mean i'm glad that that's there and i just want to make sure that it's followed through and sometimes you know we have to keep saying it in all forms in order for it to be remembered but i understand where you're going with this and i do like planning i'm fine with just having it in the decision order i'm i'm ok too with putting it in there i would say word for word if that's the case we're going to do it word for word there but that's kind of redundant in my opinion so just you know we can we can refer to that if you like as a condition or something like that but either the exact words there that you just read from the decision an order or a reference to that  decision in order condition is the only thing i would support in this pardon referring to correct you on the condition referring to that condition yeah yeah was that your the intent is this is traditional beach in mountain access which wasn't covered under the cultural and areas that you know that was brought up earlier on the land use so this just an addition to and i would like to move that this will be changed according to me and i don't have all the words i was trying to write i don't write as fast as you thought and if the staff would like to read the amendment i mean the condition as proposed reads in the event that any traditional beach and mountain access trails are found maui research and technology partners inc shall identify and preserve such trails and if applicable prepare a preservation slash is for traditional beach and mountain access sheryl's again they claim dave chair and they've gone to a complete study and nothing was found however this condition ensures that if something is  at a later date in that particular area then it has to be complied with it's there and it runs with the land so it's up to my members what they would like to support it or not i know the other one was done with the and i worked out the the language i handed out is that the top of the hand out dated today from me and i moved to add the following condition  one hundred of the residential workforce housing units produced shall be for rent for duration consistent with the residential workforce how seeing policy chama maui county code two point nine six point zero seven zero housing in even with the workforce housing bill if they build houses they're only affordable for a short period of time we do need rentals and we talked to the applicant and at the last meeting and they said that they're fine with one hundred  rentals and i'm adding that the duration is consistent with the residential workforce housing policy which i believe is thirty years now at this point and it could be single family or multi family whatever is most cost sell each unit to a person that's going to be renting those out as the owner of that unit just posing that question to mr couch terms clarification of the condition sorry the i believe hud establishes rates with department housing him housing human concerns so it would be administered by the department of housing and human concern the rates will be established yes and they will be the ones to monitor that doesn't get off that's great ok they're important because you know we really need affordable rentals and it's if we don't have been foresman we can pass all the conditions we want but somebody better watch the hen house thank you thank you it's just a common i'm not sure if this is typically done in other work force housing conditions but citing the law down to the subsection i'm i'd only be concerned if i don't know if the county at some point amends the law and changes the sub section maybe you just want to say consistent with the point residential work force housing policy in the mountain county code or something like that or in two point nine six maybe i just sometimes when you're looking at something that's not going to happen for substantially long time if the law changes you may just want to make sure that you referenced maybe residential work force housing policy within the my county code that's fine you're saying it has to be rental and the duration consistent with the law i mean the council could amend the law and change the subsection so ok i'm fine with that if that's alright with the second or is it ok to put the at least two point one six in there maybe as required by the maui county code or for a duration consistent with the residential workforce housing policy as required by the maui county code as required by the into the zoning bill scuse me scuse me yes i'm sorry before we moved on to that because there are now five zoning conditions we would typically have an additional zoning condition requiring annual compliance reports as the project was transmitted to council it just had the single condition that we get copies of the land use commission compliance reports and that was satisfactory we didn't need a compliance report condition on top of that but now that we have four additional conditions that  wouldn't have any other monitoring because they're separate from the land use condition land use commission conditions we would like to propose an additional condition that aren t partners submit samuels zoning compliance reports to the planning department some of which are second  might it be more efficient to just include some language in the first condition too or do you need a separate condition for that department establish a new chapter one thousand point three eight i have some questions of the applicant you know and also some proposed changes must be done with the residential common carriers then in parentheses i e united states postal service united parcel service for l'express i would like to amend that to take out the i e say including but not limited to and then continue and my concern there is that you know somebody can look at this a little bit later say well those three of the only ones that are limited that is limited to when we have d h x and a few other we have some local hawaii ones and some of these might go out of business and not be there i don't know i just wanted to say including but not limited to to make it clear that others are allowed as well thank you the next one is on page four members down where it says office over retail and it says means a combined use building with office above and ground floor retail use common including eating and drinking establishments having visited a couple of other locations in around the country that has a form base code some of the things that they run into is language like this that kind of can imply that the eating in drinking establishments can be on the second floor so i propose to make the change to say office over retail means a combined use building with office above and retail uses including eating and drinking establishments limited to the ground floor that way it's saying that the ground floor can be the retail units and the   then that's fine too the issue is the i think the height restrictions in this form based code so therefore the whole idea is to have retail down below office space above or retail down below and presidents residential above that's the mixed use kind of thing as opposed to two or three stories of nothing but retail or resident  project is supportive of either in their current existing language as they are written in the proposed ordinance or as as council member culture poses we feel that it's like clarification which we support  i guess my question to you is is the intent of this forum based code for this mix use district to have one the bottom the ground floor be retail and or restaurants and then the rest be either you're saying you have no problem with this what does this just limited nothing else can be done on the second floor other then residential or office that most let's see somebody you know like missed by so mention and i have been around the country too and a lot of places build on a second floor and you know i don't want to limit something yet i don't want to do something we don't want but i'm trying to get a real good feel of because i'm not exactly sold on the idea at this point so please explain to me what what your major intent was and what challenges you see if we don't put that there would be a lot of people saying i want to build a restaurant on establishes that intent however if council member culture proposes a clarification we completely support that and to coach and maybe if you know if we can get a word from the department or corporation coun if i'm being over cautious overly cautious that's fine you could that mean that it could be multiple stories for eating and drinking establishments clarification needed to make sure that you do not have you do not have for example if it's residential of a retail having retail over residential or something like that or retail and retail i mean it sounds like it's if it's supposed to be that the retail that the residential use as in the proposed change that the retail use is limited to the ground floor i mean if that's supposed to be what it is then i don't think there's necessarily a harm stating that you know very very clearly there's one i think typo and one of these and that could be fixed but you know it's depends on what the council wants to allow as these uses and if they're designed to be residential has to be over the retail th you know any clarification i supposed to be helpful currently it says residential over retail use means a combined residential and retail use of a single family to family or multifamily dwelling with a ground floor retail use including eating and drinking establishments so i mean i think this clarifies that the eating and drinking establishments are limited to the to the ground floor and you can't combine them any other way you couldn't have the residence on the  bottom or on the bottom and then the retail on top or something like that if that's the intent and it sounds like that's the intent based on the title of residential over retail use then i don't think it's necessarily a problem to make the change and mr chair and members if you guys are fine with the existing language and with the potential of it going to a second story i guess my my thought was that you know you have a restaurant a bottom and then they want to expand to the second floor and then they have the offices or retail the third i think we're only allowed lowing forget how many floors in this district but it will it will limited it's less i have to say on this matter it's clear to me that the developer is comfortable with the limitation and has no problem with it i personally don't like it but if that's what they want then ok we'll put it into conditions and they live with it yeah i withdraw i mean i never really made a motion i just was bring it up for discussion i'm not going to make a motion i leave it like it  mr chair for me to see it it would be our preference to maintain the language as presented in our draft in the draft bill but it if there was going to be any great issue with the council on that we're willing to defer and and make that distinction but we would prefer to maintain the flexibility there's a there's a cap on the amount of these type of services that are allowed in the development overall  it would not be our expectation that it's going to predomina yeah i would rather see it stay as is no more general form and allow flexibility on a practical purpose some families have seniors and disability people that need to be on requirements of it does have to be a combined residential and retail use and ground floor retail use including eating and drinking establishments so you do have to have a combined use so it can't be all retail and you have to have  ground floor retail use so that would be the requirements stated in the residential over retail use and then office over retail means you have to have a combined use of business or of office in ground  yeah that brings up another question for the applicant and to go on what mr goodman said if you have elderly folks that you want to ground floor apartment and then what mr hopper says you can't do that you have to have retail down below is it your intent to have retail only down below or the story just to clarify it means you have to have a retail use on the ground floor right i suppose you could have an apartment with that i mean if if also you could not but you have to have a retail use on the ground floor period i think once you have that you can have it all residential and i mean i'm not sure how this is going to get in force of people look at that hopefully it's in c c and r s or something like that too but yeah it says with a ground floor retail use but doesn't mean the exclusive use of the ground f rs is only retail nessus ok i mean unless this is something that i'm not getting because it says ground floor retail use including the eating and drinking establishments so now it does it the title of it is residential over retail use so generally you're going to need residential over that as well but does that prohibit a combination of them and maybe this is what you're getting at in your interchange but right now i think it would prohibit a combination as long as you had a ground floor retail use and you had residential use on the on the top floor if it's called residential over retail i mean if if you're going to so that i mean i think that's what the definition says yeah yeah yeah i mean it seems like you could have both in both and  not be a problem although the title there may be a little deceptive because residential over retail strickly may seem residential and retail but the definition itself doesn't prohibit the combination as long as you meet the retail on the ground floor and the residential out in further ants of that is that i think you would do well with mr couches business residential business ordinance that we recently passed where you can have to the ground floor as part of your residence as well thirds the way down is uses in the employment campus district are predominantly knowledge industry employment uses we have some that kind of language in our existing zoning ordinances and we're having some issues with that right now so my concern is what is predominantly mean and now i understand if you look back in i believe bedo or own nine oh i think it's own i know in here it actually has some standards that that has some maximums but i just want to get that clarified tree is joining hard from chris and partners yes thank you mr couch to members as noted additional standards for all districts establishes square footage development caps for these various areas and this is also reflected in the state land use commission decision order ok so if somebody wanted to go in there in  by section a big section of this employment campus district and decide to put in you know a big box store that couldn't happen no that couldn't happen and they they would have to comply with the development caps as proposed in the my count looking forward to seeing the farm based code in action hopefully this will have its timeline and now and it will be completed in time for all of us take a look at how this actually is implemented this is the bill that you know i've been waiting for for a long time this bill this is the first pretty much form based code that were doing here in this county i know we've had project districts that are similar but this is really a very flexible farm base code and i'd love to see this throughout the county but this is a good start and i really appreciate the applicant coming up they gave us a presentation last term i believe and i think this is the wave of the future and i think this this is going to be a really good project thank you i agree thank  proposed bill in total a bill for an ordinance to change zoning from key reserve to research and technology park district and agricultural district tomorrow we research and technology park district conditional zon cultures already had enough mean it's already just a victory really and you know all joking aside i want to thank the developer and on this aren't the park has been around before i even walked into this chamber and i was about ready to walk out and you know it's it's still here and i'm glad that they've not only incorporated form base planning in this in this project but i like the idea that  been actively involved in all the process you know and preserving and protecting traditional sites in and cultural sites and trails and you know we can go on and on but i really feel felt that they have done what i call  totality and i want to thank them and i'm you know i hope to be around to see this this final product product come to fruition over the next years of our lifetime and i think this will be a shining example of what can be done when you work together to make what i call one stop one stop shop where everything will be somebody self contained and you don't have to really leave the community very often to do anything and then when they do safely and everything is just right down the road you created it's very interesting what we're looking at today and how that vision has changed but i think it's very positive i think it's very beneficial use of the land i think the location is very good and it's a really good use building in one spot with everything around it to make things convenient and we certainly can use the housing that included in this project and i think it's a wonderful piece of economic development so my best wishes to those that are going to carry this forward and we hope like mr victory now says in my case i hope i'm around when it happens thank you thank you it is for a discussion