or ninety one h r at individuals who cannot be present when the agenda item is discussed may testify at the beginning of the meeting and will not be allowed to testify again do have any multifamily seven very briefly we just ask you to review the time extension at a future meeting conditions continue to change with continuous development in one layer and mckenna which of course affects the area primarily with the number of motor vehicles and potential run off into the car the commission should examine in our opinion changes before simply extending a permit for two additional years for an s the urban design review board on march first and the work recommended approval with one condition which was incorporated into the project as it is presented today project consists actually of three parcels of land all of development team is mr eric eric ong and alan yes we're here today chris darden partners we have our landscape architect david street raymond could be the early planner and myself and my architectural group is a project architect mr peter nice is here and the project is proposing its primary access to the existing improve north south collector road in this location it's an area location the project site yourself collector road which is currently in place in this location  come only one two and three to be the plan designation for the project site as multifamily the project is proposed as a multifamily development it's also within the state urban district the zoning for the parcels hotel it's h and m which is a medium density hotel and h two which is the highest density of hotel throughout the entire project the multifamily use is consistent with the hotel zoning designation of photograph towards the project site existing yourself collector road photograph looking south the project site is on your right these are typical projects i photographed this one looking because this one is of the project is under twenty one units hundred percent affordable thirty nine of those units are going to be below moderate and sixty five units will be moderate and twenty five units will be above water there is already an executed residential workforce housing agreement with the county amount in the five buildings is going to be twenty seven one bedroom one bath eighty four two bedroom two bath team three bedrooms two baths all units will in some area amenities or sorry onsite amenities include barbecue pit restrooms can be restrooms there's going to be two hundred sixty five parking stalls there also be bicycle storage the main vehicle access will be awfully low a drive as mentioned one thing i would like to bring up at this time you'll see it on the project is that because this project is owned hotel there's a requirement for two loading zones per building it's normally not a requirement of  the apartment district and we're trying to work with the planning department to see if that could be eliminated in the context of this being affordable housing project but you'll see that basically there's because there is two per billion we actually have ten loading zones  this tables identify the density of the project site in relation to its nearby neighbors as you can see the project site is kind in the lower middle of density of surrounding properties and then well below that the a lot area or this use is the project site plan to buildings because and then carrying up as you might have seen in the project site photos there is an existing ocean view in this location approximately the project is proposing to be developed with this new model parking lot not obstructing any views in that area at this time i'd like to bring up david syria from chris sort of partners to talk about the landscape architectural plan common all of those are chosen because if there are characteristics which are good for parking areas which means that they have a lot of litter and they also don't have intrusive routes throughout the hedge screening around the property where the parking curs to alleviate any headlight or light intrusion from the parking areas to the neighboring properties there's  bunker on the east side of the property there's a connection to the north collector which has been constructed and some of the water conservation components for the irrigation system would include rain sensors smart controllers and as much drip irrigation as is necessary for the palm trees two major palms would be the coconut and the so that they were parallel with the ocean and none of those where were is beneficial for the neighbors as well as the residents of the say is this a layout that we came up with this preserves proposed project sixty feet plus from existing condo on the north side we also played with the buildings themselves instead of just elements over the windows so we've added that with some iraq roofs and it does it looks better and it will block the sun on especially on the south facing sides of the building but we would probably need to switch it from the five foot overhang which due to the height of the building it's three stories you need to have a big overhang or else it just doesn't work and looks funny the approximate hate is thirty four feet there's a mas because if it allows cross ventilation to work better for buildings or double loaded so there's a hallway down the middle back that gives you more density but it's it prohibits the cross ventilation working as well as on these if this these are the upper buildings the ones that are double loaded they have a hallway again a three story a balcony romeo and juliet balconies are pulled back in to create some approximately seventy three or seventy two point seven two thousand two hundred forty get on gallons per day of domestic demand sewer output is a proper waste water output is proximately thirty two thousand eight hundred ninety five  there is adequate remaining capacity and most development runoff increases approximately eleven point six cubits cubic feet per second and that's going to be a comedy to on site by subsurface retention basins but i'll just go through the traffic right now so the  the total am trips will be sixty three total p m trips will be seventy four this graphic shows a little bit of the existing level of service well first of all what the levels of service mean by through lane shown there as being uncontrolled that's just traffic travelling past the driveway on southie road so in the am for the west left and right  there's basically a level of service be based on the counts in the game and the level of service based on the counts and the pm and then the southbound left turn is taking the left into the project driveway that's showing operating as  under existing conditions there is seven hundred seventy five vehicles passing the project drive when the am and one thousand and eighty three passing the project drive when the p m so based on background traffic projections for the region including this project the day and on weekends directing does fence and limiting construction to normal daylight hours these are some of the sustainability features that will be built into urban infill development this circle represents a half mile radius radius and in the pedestrian context that's approximately ten minutes of walking and so basically you can see of the amenities that are existing and then there's four additional planned county bus stops that are shown the sorry the green bus symbol are existing bus stops and then those great out ones that are think it's important addition is that there's going to be approximately one dozen citrus trees within the landscape area so that will be amenity for the residents in the future to be able to participate in the context of water conservation again native and climate that the plants automatic irrigation rain sensors all projects are basically have a standard a semi requirement to be our one ready that will be prepared to receive counties reclaim water if the line crosses this location we're going to include sub sub surface to requirements as peter mentioned there's a number of components that were out of the project to minimize he came including significant overhangs and then adding additional iroh roof overhang on the sides of the buildings open corridors for air flow individual unit metering for energy use accountability and high efficiency alliances in conclusion the project is inappropriate scale with existing direct development surrounding  and it is supposed to be a hundred percent affordable thank you very much to thank the developers for considering the needs of the community by building affordable housing this is a nice change from what's happened previously and i also am here however to speak about the effects on the property next cards that's that complex is about one hundred twenty eight units roughly sixty four of them will be facing where the construction takes place those units many of them since it is a vacation rental property a good portion of those are used as a vacation rentals during that period of construction which i'm assuming is going to be at least two years the people who live who are using it for that purpose will not be able to rent the noise and the dust and all the other things that take place under construction really almost completely shut them down in terms of their own income producing property the other people who live there are only here on basis are also profoundly affected by that and we are concerned about when the construction is going to take place that the that the developers consider for example when they do their grabbing when they do some of the other things that take place that have a profound effect because most of the people who own that use it as a cation rentals or in fact use it personally for themselves it's during the winter months and if the folks that are doing this work consider that perhaps do some of their  serious construction work during an off season that would certainly help the owners who do use their units during that other time period so that's one thing factor the other factor that they're concerned about is that the they even though they're showing that there's going to be a shrubbery along the side of the property the parking spaces face directly into the leak i property it will take some time period before those trees and other things of the shrubbery grows currently there is a shrubbery all wrong that fence it's broken it goes all the way down and it was our understanding that that was going to be removed it straddles the line between the two properties and that they would then plantings in place well we're concerned about the length of time that's going to take to provide that kind of shelter space between parking lights or just going into our property directly so that's another concern we have would appreciate if it was possible to have some kind of landscape barrier even though the you know the instead of having the parking coming right up to the fence maybe have a a gap of four to five feet that would allow  greater distance before the light penetrated the property next door i believe that that's pretty much covers the important issues for me i think the however the the biggest one for us is going to be the construction itself and the effects of the construction on the owners residing in that part of the of the property as well as their use for economic reasons that they'll probably be a loss to the county alone interests and taxes  there the parking in the front is right behind the shopping center and it runs with the perpendicular to the other parking you know there were there's no parking on that side at all and on the other side of the lead car there is a road there's a frontage road that goes all the way to the back it's basically a fire road and it's at the private road that doesn't go all the way through to the lower road behind it comes south keep a road and goes to our parking lot thank you  good morning ladies and gentlemen i just have a couple of questions carol mentioned one about the specific hours of construction i live in unit b one o three d haley and that will be a budding if you will the new construction site eleven the first floor so hours of construction and the noise generated by the dust and so forth would affect me so the hours of construction have been alluded to but not specific so i'd like to know what those are another question which is general they talked about energy efficiency i'm curious to know why there are no solar p v panels being utilized to keep the cost down to the low income or the working family owne that's a question third question is booted to the use of a primary road for access and also a secondary road and they did traffic studies based on not very high percentage using the lower side which is the north south collector road and i don't understand why they think people will use that as a major access or exit from the property versus out a road se a road as you probably know already in ky hay is a is there anyone else that would like to with the guidance of chris hart partners mr gap brought his proposed project to k c early in the game we performed our highly rated professionally prepared to sign a few and offered several point of this nature potential spending costs must be cut to make the goal chiva ball there is a vast difference as we all know between affordable housing and now market housing as you've heard there are some concerns some objections but we try and take an overall perspective and we see overall it's a good project for  is there anyone else so would like to tell survive recommends approval with the six standard and ten projects specific conditions as presented in your past open to recommendations on relocating the dumpster that's the critical issue the second question is none of my notes an elevator i didn't see an elevator shaft on top of the building would be would be e t a compliant and of the p v i don't see any p v up there either and that is if you guys are going to go green we're not looking for lead certification or nothing but green then maybe was that a consideration it was a consideration and there is there is an interest in doing it but we don't have a approval from eco and so part of it is related to the timing of when you have a project with an s m a permit and when you're filing your applications with me go and then whether or not because allowing  new connections at that location so i would say that the applicant would like to have the option but they're not able to commit to being able to get a deal with me go to put those panels on the on the roof at this time until later perhaps they would they would love to be able to charity my question i don't know if you can answer this question or not but my question is is we have one hundred percent affordable hundred twenty nine units my rough math is right and that means thirty three of them are mandated and we're left over with another ninety six we have an additional ninety six units i mean i'm not going to hold your the numbers but my question is in regards to those ninety six have already been allocated to someone else had the credits been assigned remaining forty five will will be on the other partners we have two partners fifty percent ownership so one one partner will get fifty one credits and the other partners side will get forty five credits those credits will be utilized i believe our partner is going to utilize them for a proposed project that he's he's working on and our credits will be banked with the county and at some point either utilized or possibly sold to another developer depends so scuse me and other than that if you have any questions about the credit it's conforming with the county and with the ordinance and our affordable housing agreement with the county we're doing one hundred twenty nine units and only receiving ninety six credit so we don't know but those credits will belong to him and he can he can utilize those same as he can bank with the county and utilize them or course possibly find a developer that needs those credits thank you estimate first once we have that then we will start looking around and determining what type of partner we need and what type of partners are available we have to go through construction drawings we have to get permits we're looking at least if we want to look at the split we're looking at no less than a year perhaps a year and a half before we go vertical so we're looking at earliest probably next summer  believe that at this time it will be built we'll be building them one by one but we don't have any plans for phasing at this point we we need to reserve that who as we move forward will look at it and see if phasing would be prudent or not it just depends on the market we're anticipating that there will be a good demand for the affordable housing at these prices that will be offering in the  i believe was the owner at that time that was sold to another developer i believe was no or participant in the org and then eventually a couple of years ago my group became involved this was dormant the project went dormant because of economic considerations it was a market rate project it had underground parking and some other cost prohibitive  development considerations that just didn't work also at this time you can't get water for a project there's no meters on it so the only way that this project could be developed was as an affordable so we we looked at it and it's very hard to make the numbers work on an affordable but i believe we have we have the ability to do that fortunately the design portion of the design was there already  i don't think the traffic was that but now two thousand and fifteen we've had quite a few applications come in for development in th between rainbow mall and come over the shopping center however if you ever try to turn left on south t he rode down there it's mission impossible i don't anticipate the bulk of the traffic  by just the convenience itself however at this point we have no no restrictions you know we haven't put any restrictions in place although we could we could look at that but i think i think that that's going to be one of those things that i believe our our team believes that the access is going to be awfully long and the majority of you mention the affordable what is your interpretation of affordable when you're talking about cost we we are required to follow the affordable housing workforce housing ordinance which in itself defines the price ranges that we will go from the mid to hundreds to the high three hundred is our projected range the upper three hundred would be the the large three bedroom units maybe on the top floor with a nicer using cetera et cetera not very many so this going to be quite affordable we believe that it's going to be for fill a missing component of the ford ability in the key specially the key restriction will be on these because i'm assuming they're not going to be in perpetuity not a fair assumption are you going to put them in agreement which is already we've already done with the county and it's a record document that will run with the deed and it has the restrictions and there are three different categories and i believe that those categories run from for the most affordable which is the eighty percent  i think is i believe that that runs for twelve years and then you have the mid range which is one hundred percent median that runs for i believe eight years and then you have the upper range one hundred process is so difficult it's very questionable whether you're going to get it so nobody really wants to move forward with a developer until they have at least  that could be could be applied i'm not saying that the county is hindering it but there are a lot of things and i believe that there are teams or committees that have reviewed this already and i think they presented to the county and i don't think the county has acted on it for various reasons whether they are they couldn't but the thing that you need to streamline or in my thing is the process itself i mean when it takes cost of water meters and they do give some reduction but i mean the county wants affordable housing then they've got to become our partner they've got to participate with us and that makes it easier for the developers very hard to make the numbers work right now you know there's very little very small profitability in it and the risk factor is the same so you're you're working with a very small margin and yet you're working with the same risk factor and  that's where developers are skeptical on affordable housing is that your risk factor remains the same but yet your profit margin is greatly reduced thank you want to have a d v r first of all under the sony vacation rental would not be allowed on even when they come out of the affordable program this multifamily there's not a lot for affordable housing i'm not affordable rental the enforcement of that would have to be to the association the condo multifamily development meant so that is what restricts it if we were requesting a permit to develop a condo hotel similar to like the ninety low a project that's being proposed that has condominium use and short term rental use so basically you have to disclose what you're asking for for your development permit and we're saying this is a long term development so that will be what it is and then the county would have the ability to act on that  because i know there was a project i like i know i can hear a side discussion as well i would also add that it's community plan multifamily so in the context of the special management area you know it's not a hotel plan and hotel zone where you know it might be implied that you could just go straight into it so it's you're in the special management area i suppose have consistency while your land use layers they do not have hotel consistency of all their land use layers so they're asking for a specific special management  a may be up to the commission as to whether or not this actually will impact the s m a under the goals objectives and policies of the coastal zone management act and how the fact that the commission's concerned about whether this would be used is a case for rentals because it's own what's allowed by zoning versus being an affordable housing project you know well as documents permitted uses for people i don't think it's as easy to just open up a a aware that that could be additional complexity to deal with so whether or not the project this project is is open to adding the restriction of short term rental into their c c and r s i'd like to bring up the project team require that that be restricted use but again that's what the concern is normally t v ours are not permitted without a permit anyway this is just i don't think this is going to come up in a ton of cases for the commission because i don't know how many hotels own properties you're going to be dealing with and generally if their hotel is on properties you are fine with them being used for homes because that's the purpose of the hotel zoning but in this case you're looking at a long term ownership and rental in the hotel district so i think this is kind of a rare case where you're going to see it's a normally outright permitted used to have the short term rental and so you would need some sort of deed restriction to insure that doesn't happen because that use is allowed so i think that's why that's the cars i do believe with the developer that after after a little while people are going to know what time to go down south kirron instead of sitting there and they're going to go to county kyra they're going to go to the other one my question is the people that live there walking there but you know basically you're going off property at that point so we can connect them to the north south collector road to sidewalks but we don't have an option to collect and connect them to sidewalks on the makai side like an existing it's not currently proposed in this project and i i would like to clarify was i was saying that i actually don't think that people walk that direction because it's not the most direct route and there will not be traffic access to that  or will there is vehicle access there is vehicle access but i don't expect that people would take that time to walk south when they are seeing a basically existing parking lot of a commercial development that they could just walk into each individual unit can have its own water meter in total meter only the electricity is going to be individually metered it's going to be a community i believe that there is potentially three total meters for the project site but the water i do is not going to be metered by we have been in discussion with rising sun solar that is part of the reason we did the mansard roof structurally it will be designed to support p v in the future we have we have done renderings where there's p v and there it would be some of the neighboring residents didn't didn't want to have the p v in there in their view again but we definitely have talked about putting people with with consult  they say that they they have a hard time when people are moving in and moving out after this ten years you know because of this right to parse and i know that there's no there's no elevators of there might be a leader and i notice that you guys do have loading zones and also loading zones aren't for every single person who can you send the can you show up the one of of all your of all your buildings to start being instructed to add loading zones right now is because we're in the hotel district actually apartments don't need loading zones so we actually have ten if you see those shaded areas it's quite a bit of space that would be otherwise just common area element as opposed to to what's now loading zones so for affordable project he's not going to be a hotel i feel it's wasted space to do these ten loading zone so i understand what you're saying as far as the convenience of of moving into now and i think that you know my experience of living in condos in the past is you kind of just special event you're moving and you kind of just cockroach parking you know where you can now we happen to have ten loading zones and i would really appreciate the department considering allowing us to be consistently apartment zoning district and not having to do these these are loading zones in response to your direct question on why they're not fronting all the buildings that it's basically hard to do everything on this on the site much less ten of these things that you don't actually i don't think ten is is it's feasible i think i think five is just if you're if you're going to move into the third floor you're not just bunch of them i think that that would give us flexibility to to relocate the remaining ones into more convenient areas  good we get the recommendation in fact if you want i can have required in of the project as presented to you with six standard and eleven projects specific conditions including the one that i just read to of the motion is to prove as recommended and amended with the additional conditions all those in favor at seven nice commission is in the urban designated district urban districts child include activities or uses those provided by the ordinance or regulations of the county so that means that once they get there change ignition and a medical clinic is not a permitted use in our three districts and therefore the need for the change of so many to community so this is the exact same request that has already been previously approved by the county council with the ordinance number four zero six which is thirty of the department's report the special management area use permit and change in selling for the kit while this center project like to take a minute to recognize the project team all of whom are here today to take any questions you may have following the presentation the applica so the proposed project exists consists of a two story building of approximately twenty two thousand square feet inside the current design features seventeen office pieces ranging in size from eight hundred to two hundred square feet  and they're intended to house of all this related services for the south miami region on site parking will be provided and will comply with applicable parking requirements the project also consists of landscaping and other on site three residential and it is within the special management area so again for development of this project the project will require a semi use permit and a change in zoning to be to community business which would make the property consistent with the community plan this ignition the applications for the estimate use permit and change in sone were originally filed in two thousand and eleven after that to the department requested additional information to be provided of the project that information was provided in october of twenty fifteen since then the project has moved forward before you this morning again the applicant is requesting the spot is favorable consideration yellow as you can see it is taken in undeveloped and it does feature eat large retention on on the north  situated here and note that the building is set back some want such that we have an open space area that was recommended by the community is we're repeating the same square footage on the street side here you can see the colors and then we're continuing on with offices here and  challenge for us was to make sure that the design integrated the west the residential community so we developed a roof  what's which is typical for residences and then we threw in some nice in there to really give it a residential look and have it integrated with the surrounding community residential community this is the history delegation this area here is the open seating area commingling area i described earlier with the troublous above here you can see how their balconies for truthout really gives it a residential this is an aerial rendering superimposing the building on to the site and here you can see the attention on which will be explained more by our civil engineer basically that retention pond was built to return to retain whatever runoff that developing on the site would have so that it be no runoff here are single family residence and in this area our commercial development in terms of agency review the applications were made available to various federal state and county agencies to review and provide comments the comments that we received were considered to be non substantive and anything that was provided in a comment letter was addressed in the design and responded to by letter all those letters are found in your staff report and again as was mentioned the urban design review you know mostly recommend to approve the project as will be implemented throughout development there are no significant archaeological sites or features on the site the state historic preservation division did except archeological inventory survey that was done for the project of the project is compatible with the nearby developed commercial areas of key the project will expand wellness sources for the growing sophomore year region as well as positively impact the local and regional economies by creating jobs and encouraging spending the project will have an effect on the capabilities of existing police and fire services and will require the expansion of services for the project and there will be no effect on the capabilities of the existing recreational or educational facilities terms of infrastructure traffic impact analysis report was prepared for the project and it did project an increase vehicular trips both in the morning and afternoon and the t a r t i a are also stated that although after implementation of the project a few of the intersection movements are projected to operate at less than desirable levels of service those are attributed to background traffic conditions in the area and not to the project itself so no but again measures were recommended in the  water will be provided that by the department of water supplies system there is an existing twelve inch mean a long soft key road that has the capacity to provide the project with water and also required fire flow for the project wastewater collection will be coronated with the department of environmental management a new sewer lateral would be installed two could be that we swapped for the project to be here reclamation facility and again on site post development stormwater will be captured and maintain or and can be to be on site storm water retention pond  just to summarize the applicant is again requesting the spotty consideration of the estimate use permit requests as well as a recommendation of the changes on the mali county council thank you we are open to questions at this have spread two of my family members as she is at the beach there in that area so the areas really dear to me and that's why i stand before you today i strongly oppose the rezoning of this parcel to resit from residential to be to some surge to think that this proposed development which would cover seventy four percent of the land with building and pavement well not overburden the eco system i feel that a twenty two thousand square foot with a sixty five style parking lot is way too much for this area and you can see by the pictures that he just showed how massive it is compared to what's around it from looking around and seeing all the commercial space the empty i do not think that this place will be able to be filled with medical businesses and my opinion would be that it may become it may be filled with whatever they can fill it with many spaces that you see  city and now i've been sitting as long as ten years empty and this commercial and other point is that the area is already very congested i strongly oppose such a large leap in zoning it also allows for a six story building to be built where b one allows for thirty foot in height in two thousand and twelve when the owner of this subject property is sent out letters to nearby homeowners notifying us of the intention bars restaurants drive through i'm going to quote from a letter now that was dated september fourteenth two thousand and twelve it was from the fish and wildlife services they remind the planning department that medications sites are required to be protected and maintained in perpetuity it is also recommended that a wetland delineation be conducted on the entire property by a consultant familiar with my wetland resources and submit the findings to their office and conclusion on page four of this document the fish and wildlife services recommend that the maui department of planning withhold action on this permit until there is adequate alternative and now this is an demonstrated effort to locate the project in an area that will not result in ecosystem ask you as the owner danny any of this in closing i'm asking you to please remember that this proposed development is one dot away from a lovely in a neighborhood and on the other side one lot away from maui gardens a residential complex there are at least one hundred fifty families that will be affected negatively if this development were to occur i am asking you to please search your heart and do what is right for the community over one hundred of the neighbors to this property of there's a lot of this surplus of empty reappear properties forensically mahler's nearly empty and there's a lot of similar wellness businesses too close in proximity in my opinion and i wonder why it couldn't be pushed down to cause when he was alive he used to take me down the street all around that area you need tell me says it's your job when i leave to protect the children last night two people came to me in my come and speak for the children and that's what i'm here for today look at those children well knows has a very interesting background wellness comes from the root word wheel which means wealth wellness has become such a buzz word what are we really thinking about are we thinking about tourism bringing in wellness putting in more places for doctors to work are we thinking about our future and per our children our children need the land when i was paddling with one day's history look that child he's in the cake he was drawing a picture of canoe on the on the beach and  key if we keep on covering up the ajna this is the land of the whole y and people this is where their family started this is their ancestors those storms are their family we can't just keep covering them up for the sake of wellness so let's be here for the children let's give them places where they can learn about those birds those sacred birds they can learn about the land they can learn about the stone people they can learn all of those things and i know you'll make the right judgment because you have the cake you have children coming in you've got grandchildren and you're going to have a lot more children so let's think about what we're really doing with wellness are we looking for the keiki are we looking for the money paper my concern everything i have spoken to make it very strongly and send it better than likely so i'll just focus on my one concern as  i feel that area is so congested with traffic and you spoke earlier about how this is the exact same proposal as the veterinary clinic but i don't feel it allowing the building to be built covering up the land for everything that's supporting in the area for setting precedents is just keep building keep going over everything and so you have nothing pretty to house anyone has any questions but just just and i'm in support of the wellness center because i think that there's a lot of focus on the community and there's a lot of talk about zoning and i honestly have no idea when it comes to designing but the one thing that i do know is health care and i do know the overall importance of having this in the community there's so much that can come of this with the space and all the interdisciplinary facets of health care all in one area as we see over here we just have different planning we have different staff over here all in one room all working together and i think that's the reason that this whole meeting is able to function able to work together and integrate together and if you apply that same mentality to health care and taking care of the community and taking care of the people and that to me is what the future has in store and the future families and the future communities they need to health and the amount of health care in america is and the people it's something that's in such high demand right now and you can't put a price tag on it you can't put a price tag on health you can't put a price tag on any of that because when push comes to shove this is the community this this place will protect the community it'll protect the people it'll help the people it'll help them prosper because without their health and without all these medical staff working together there's nothing left there's there's no one there's no one to take walks there's no one to work the shops there's no one to go out to the grocery store there's no one to a cook restaurant food like this is a very integrated social medical care where everyone can come together and work as one team just like how you guys come together and work as one team as well and by taking that approach and having all these different speciality in health care come together and join as one team it makes it so that the patient the person that as a medical professional why i got into this field to help people it makes it easier for us to do our job and it makes us so much more effective and for anyone that's been in today's society i'm sure not only speaking for myself but i'm sure i could speak for everyone in this room that at one point of time or another there has been a medical catastrophe in your family where you really want only to see the best for your loved one and that's what this is able to provide and is able to provide it in a very centralized way where there will be a consistent staff working with each other will be no red tape they'll be no boundaries because everyone will be there and they'll be used to working together just as you gentlem ladies are used to working with each other here having that ability is pays i mean i can't even put into words how important that is when it comes to communicating when it comes to planning prognosis or a plan to care for these people because that is what this wellness center can provide and be that as it may the spaces the vacancies i can i mean i can test that when these people come together and they join and they make their own medical community and then they can apply whatever they have to our loved ones and our community in order to preserve the people going forward and preserve the culture and preserve wellness center can provide and at one point in time or another in all of our lives we've always had that feeling where we want something better for a loved one when they get sick or when they got hurt or when they get stricken with something that we can't personally help them with we put their faith into us and this is what we can provide for you and the community and the future residents amount we thank you oh my a as no one offered us information which is generally done by the developer the planner or at the suggestion of the department i thought i heard mr igor mention something that the community association had suggested we haven't talked to anyone about it so on not quite sure maybe i misread but i don't want to thank county plaintiff i see for providing the file for our examination at his office as he advised to keep mckenna community plan and zoning do not match as the land is commercial business in the community plan but are three residential so owning does the request for the see i see this morning in zoning we are not in favor of going from residential to commercial when we are in dire need of affordable housing while there is a plethora of vacant business sites available throughout the area as well as the new downtown key a project almost ready to break around and looking for tenants just up the street why remove potential housing when so easy to use existing spaces already zone for business as far as the key a mechanic community plan this area is business the plan states on page eighteen it should conform to quote limited commercial services to neighborhood business uses or other low key business activities with the residential scale of those properties which are but the single family residence close quote sixty five parking spaces and twenty two thousand square feet of a building does not qualify as residential scale in our opinion the most import casey a received concern the area wetlands while we understand the position that these are man made with lands on this plot but it is our understanding this area was in fact natural wetlands allowed to be filled in for building when with these manmade wetlands set up in mitigation in specific locations which we see throughout this area now we see a proposed project seeking to build upon these wetlands as you can see a building top but after it was created to mitigate the original when i was please see that picture that we furnished we know to get approval yeah for mention downtown project which includes created wetlands behind long struggle and they were required to create a natural boundary between their commercial projects and what lands to protect them and the creatures that inhabit them including endangered species not only could they not fill them then or build upon them they were required to protect them with a natural boundary ok last think other concerns brought to us by the community were traffic and flooding we've read the boilerplate analysis respectfully offered by philip raul of no impact but for a layman sixty five parking spaces at a commercial facility in this means expect a lot of traffic in closing we expect a lot of impact we were unable to investigate the flooding issue but you know other testify from the area expressed if we were should please consider the factors as you're deliberate to reach a decision you could make any question commission like i think you have some outdated information could you show exhibit eight or nine on top of your screen for the us the fires and took pictures of the documents and that's one of the pictures of the documents he had now i don't know why he's filed that he showed me didn't reach you i'm sorry recommendation please i'm sorry the recommendation definitive action on the just standard operating procedure ok so the department is recommending on the changes zoning only we're not making any recommendations on the estimate we'll do that at a later date when it comes  be limited to forty five foot maximum they're all they're proposing thirty feet so we're ok on and what the department is trying to do here there is for conditions here that are identical to the change in zoning recommendation for the key to a vet clinic so since these two parcels are adjacent to one another which is the conditions so they have the same conditions as the most detrimental to the welfare of the surrounding area and this is specific to the b two regulations that don't help that wording in the be one if it was the one then they would probably h special use since it's not listed permitted use so if you bump it up to the fee to then we are categorizing this project under that  and i would certainly count that as a larger area so that you know there is a provision for i would say for medical services within  the b one district to be to provide some additional flexibility and as paul pointed out just the property right next door was recommended to by this commission and then ultimately with the council with some risk with the same restrictions being recommended so it's being consistent with what was approved one last question  yes just pull up the floor plan here the elevator is located right here see so i am a little confused about the wetland mitigation and where you are in the painting you will still need permission from sema i'm assuming where are you in the process and  my name is mike when he'll respect the commissioner's question regarding the white man it's the department of army has actually classified that what body of water as a storm retention base and it was created as applicant ensure that the functioning of that storm retention basin continues as it does today to receive some water flows and i think appropriately the department has included going to be a requirement because it's in a flood zone a requirement for special flood hazard development permits and that's going to be coming as part of the building permits process but definitely yes as we go to the development process in construction permit mitigation plan in place and this is just right next to learn i was curious why they did not wetlands i wasn't i don't believe i was here although at that time i just happened to be on the property not too long ago and noticed that marion had a wetland mitigation area still for and i was curious i couldn't get through the documents to find out why they did next door in this property does not which the director explained or reaching back a couple of years dr keeler at that time  the service recommends that the maori claim the department of planning withhold action on this response basically says the recommendation appears to be over burning the applicant to the small of the site i then go here to historic preservation division requested additional information so to me and i'm missing some is the complete stuff here that i'm not getting wetland i think the water that you see in the pond from the overhead picture is basically the water table from sea level the retention basin him going on the property so it will continue to do so bring up the civil engineer ok concerned they definitely give them a call and they still stick by their sassaman that this is not a wetland that's one hundred percent actually suggest that you call the core of the numbers are actually on the same if you can actually speak to them and they will tell you all about it thank you in general that just to point out that's something that if they do if the commission needs more evidence of that it should do that formally as a group or so yeah right individual members you know should be contacting we can have even a call here or a letter of correspondence with them if you want further questions for any of the commenting agencies just just as you know if you'd like i could probably call them and quite a bit that we took that part is quite large it's nine thousand square feet even with six inches if it even fills up six inches that'll be enough to cover the additional runoff question because we've had some testimony that part of that pond is also sea level so please please with the information that you give to us above sea level and now that you're diverting already and then it can already as existing a can we have an extra two feet at least above that which would be four times what would be required as of now as of right now even if that's exactly as it is it will if it goes above that four feet runoff into the property to the south which is essentially what len as of now but right now since the pond is nine thousand square feet six inches times nine thousand will cover that forty five hundred forty six hundred thousand guaranteed third paragraph based on the information so by definition of american up become a wetland if it was a one to begin with fifteen just a letter some twenty three my reading this incorrectly question is the applicant or anyone or anyone associated with this part of the one of the newly appointed medical thankful i finally get to tell you what's in my heart so yes when i first came to maui ten years ago i was looking i'm an orthodontist i was looking for a place could be with like minded people and not be sucked in some retail shopping area where i am right now and can find anything nothing that i could maybe own that i could  answer your question this will be for like minded people that will it was when i first came up with the name it was called he well knows who he and who he is a group of devoted people and that is what i would like this to be and it will morph into a wellness whoi group of devoted like minded people who serve the community it is the gold standard of care that you  that you are able to banter back and forth but other professionals you come up with a better diagnosis a better prognosis if we're stuck in our own ivory towers across the town across the community by the time the patient goes through one referral to the other referral a lot of detail gets lost and so the gold standard of care would be to have like minded people under one roof being able to discuss things for the wellness of a patient over lunch maybe over just across the hall so yes the answer to your question is this place will be filled with people devote a devoted group of people devoted to the wellness of the community that i am so integr is when you purchased the property were you aware at the time that it was designated a weapon no sir i was not no no it was  yes i was and i was i was not aware of that i you know us i mean we're pretty naive to the ways of the world in some ways because for me it was a place that was next to a bit nerdy clinic possibly be an area where an orthodontic practice could go and i was told that it was a very legitimate i wanted easy mitigation device that sits there and i wish that all of the properties on south to here road would be required to have a mitigation device and miscarrying a concern would not be a concern because they would hold all their runoff into their own retention ponds so i wish that all the properties would be required to have the mitigation of the mitigation device that this property has this is already set up to contain its own runoff and we will make sure wellness related things because it would there was there were certain things that were not included and so i going with the recommendation of the statement let me just put a clarification to it's very difficult but the department sometimes and we help this patchwork of zoning so we're looking for sony assistant seat and every time we have an opportunity to make the zoning consistent we jump on it because for granting the change and zoning to be two it and then it says no after that unless i'm looking at an updated version it says provided that such uses shall be approved by the appropriate planning commission as conforming to the intent of this article so they're going to have to along with their estimate permit i guess get another approval from the commission stating that this uses is allowed based on that on that section well the change this is it the changes only would be to be two but it appears that to do this permitted use it will in addition to that change in zoning need planning commission approval based on the section i just wanted to have that have that clear the one  talks about the planning director being able to approve those uses and i just want to make sure that the department looked at this if there's an additional planning commission approval needed i'm not certain that that will change anything because they would need to get an estimate permit and any point anyway after the change in zoning so i'm not sure that affects anything but i just want the record to be clear how this will eventually be permitted and for that to be worked out because i don't know if there is a a listed use here of medical facilities or something similar which normally is what you have when you have a change in zoning to allow that new use so this one looked a bit unusual at the other thing to advise the commission is that it's it's possible that a certainly recommended but it is possible to recommend in conditions to the council if there are certain permitted uses in the b two district the commission does not believe this property would be appropriate for it can recommend that a change in zoning be granted with conditions that prohibit certain of the uses from being done so if it if there's concerns with that and that's an option for the commission to recommend as as well it would be helpful to know exactly which of  will be utilized if the commission's going to go down that route so that you don't have i don't know if you didn't want to have a marina there or you know other things that would be a high impact use you can you could consider not only from our three a residential district to b to a community business district has already been addressed and approved recommended for approval so eventually i thought that this particular parcel was going to be a precedence for the rest of the area to be resolved business but the key area and parcel that is already there has already been designated as being to business community which means that this particular application no is following what ordinarily has been designated change from art three to business community which means that they are kind of in line with what the application stands for according to this and as a group on exhibit number see that the council recommencing through its land use committee report number thirteen ninety two that said establishments zoning be approved for passage on first reading subject to certain conditions recommendation would be with two council is that they do ask for the wetlands and i can't say wetlands elimination report the study and it might change the configuration a little designated as a future not single family homes from my perspective what the applicant is proposing is to permanently set aside a portion of the p up or whatever so it permanently sets aside for those species that would work as opposed to filling the entire site and covering it come which allows the development to move so i'm supportive if we're going to take care of the animals next door which should take care of the people on decide whi they are going to make artificial retention or whatever you want to call it but it's going to take care of them you know and  it really irritates but i remember once a missionary done he said you know there's more good than bad district which is only in the category within the definition for personal business services in one thousand and four it means establishment of that office or especially services and services frequently purchased by individual consumers or businesses examples include but are not limited to barber shops and or beauty salons medical dental or similar health care services services massage so that's where this project project if it is a medical services puts conditions on there it would want to make sure if it if it wants the personal and business services only then it can it can specify that so we've got it yes and if you if you believe that it should only be used for this particular use and intended normally a change in zoning you get your zoning and then you can do any of the uses that are allowed in b two and i'm glad you spoke up because it's clear why the b two is being recommended because there's actually a medical services  description of that you so you want need to re approve that use and this is in the us i may so any additional any any additional buildings or anything like that it's going to have to come to you as a specific approval  is that the applicant shall implement the prosecutor substance of compliance with representations made to the commission and so at the time of a semi action the representation made basically is for the wellness center permit still stay with that property no matter who owns it and in order to change those any of those conditions it would have to come back to this commission the so if they're representing that this  going to be a wellness center and there's going to be a bunch of medical practitioners there they can't just turn that down and open up a gas station that's not in the representations made to this commission see brought up about trying to be consistent with our with our zoning and i agree but the application is asking for changes only not the plan commission if we want to be consistent we would stay with the way the zoning is but every week somebody is going to want to change as only we want to stay consistent this board or this this commission do not make the b two and we don't know the reasons why they did a b two and i have one hundred signatures that are concerned about b two instead of b one including myself would considers all the other uses that a b two has plus the extra three stories that can be built in a b two instead of a b one in a residential area this is not against the wellness center this is not against the profession this is not against anything it's a concern of like we just said once you start going down a road and you have to be twos instead of one b two that becomes the norm and this whole open end and other businesses it's too big it's too broad and i know that counties try to make things easier but when we have things that are thirty feet to sixty feet i think that's everybody's concern thank you conditions but it could recommend the council which conditions so that is an option available to the commissioners if they think it should be a certain height or something like that it can recommend that condition council but would like also that estimate yeah well that's a maze going to be your final approval zoning is going to be the council's approval generally though there is a broader number of issues that you can deal with in conditions in a change in zoning application and in s and me as a major concern with coastal ecosystems and environmental issues  change in zoning is a much broader array of concerns that the commission can look at because that's what the council can look at it's a legislative act and the council consider whether or not to change the zoning so generally its scope of approval will be broader look at all of thought all of the signatures that are on this list and look at the maps that have been presented of the residential area around this particular parcel at one the west so it's kind of it's kind of arbitrary for them to say you know they would like to preserve this land instead of the land that their section of the property which to me is a plus and i don't think it's the planning commission that creates just a community that creates all through the community plan process and then through the mainstay of here but i think you know i think you take it one step at a time at the community plants that we as a community just what it should be that you follow whatever the law is relative to that and if left no absolutely pointed out that there is actually a recommendation recommending conditions the standard conditions in the project specific condition for the change in zoning apartments recommending one of them is that the building height show be it shall be limited to a maximum of forty five feet so there is a recommendation coming from for a limitation forty five feet on the building hi i'm not sure where that apartment came up with that number with the significances but if if you approve it if you approve it recommendation if you  if it is to be clear and we'll go over this and robert's rules later today during the training but if a member would like to amend the motion it's once it's been made and seconded it's it's part of the whole body's motion so a member can move to  amend whether it friendly or not and if they get a second then the commission vote on those types of motions so it's up to any commissioner if they want to make a motion to amend and and alter the proposal by either adding conditions subtracting conditions or adding on anything else that you would like to add in your recommendation i stand