morning my name is john taylor i live on the west side of the island and i am currently employed as a resident manager of pano holly condominium complex and i also am we set the mold i get to sell my business to a martial race scene i used to work for the ranch but now i work for myself my wife and i find things like can learn pretty shells in the c seashore and we turn them into beautiful things to where we own a piece of property on the west end and i started in two thousand and fourteen with florence and yeah this is one of the your morning my name is robert stephenson and i am the president of the chamber of commerce i also own a consulting company called stevenson solutions that provides general business consulting to businesses on island off island and on the mainland and i began my term last year this will be my second year and it's been a great learning experience and appreciate the opportunity to be here thank you assist with the communities need we'd like to thank all of you for coming out and giving us the opportunity to work with you and hear what you have to see thank you thank you thank you commission for you our trust and confidence point to me as the chairperson i very much appreciate that and will do my best to fulfill the the  congratulations but it's so moving on with the agenda we would like to open the floor for public testimony on either number d if anyone would like to give public testimony on any agenda item or any item of interest please feel free to come up to the microphone at this time last call for public testimony ok seeing none we will close public testimony please keep in mind that we will have a public testimony comment period for each agenda item so as agenda items come up you will also have an ability to testify at that time item number on the agenda resolutions thinking out going members michael jennings douglas rogers and diane swenson and clayton could you please take over that one thank you mr chair we're in a transition period right now and because we didn't have a meeting second meeting in march  and as chairperson from april twenty fourth teen to a march twenty seventh teen and i wanted to extend the commission's banks were there five years of who's turned solder on april twentieth thirteen she filled out the remainder of someone else's term and then she was reappointed in april two thousand and fourteen to the commission thank you very much we'll take this time to pass a surround a sign that since we're all here so for everyone to please bear with us momentarily thank you sold so some are into a sense only from today and then we'll have some other trainers at their next meeting on april twenty six and so forth so i'm going to go over briefly roles and responsibilities  a copy from the county charter the rows of the planning commission so this commission consists of nine members appointed by lemaire and approved by the council and each member is a resident of the chair and the director of the department of public were and director of water supply services non voting the commission advises the mayor the council and the director in matters concerning planning programs they review the general plan and revision general plan prepared by the director or at the request of the town so and you hold public hearings on these plans and revisions can transmit them with findings and recommendations of account so they also to the council for consideration in action no later than one hundred twenty days after the final public hearing an example was the council proposed amendments  accessory to only section of the county code and the three planning commissions heard the amendments and made their recommendations to the council you are rules and then there are other duties as provided by law the commission typically meets on the second and fourth wednesday up to min but it will take oh wow oh well maybe a few more months before we get which hopefully center on a regular basis so we're kind of moving location to location  and part of me jennifer i know the clayton through the meeting over to you but if i may like to let everyone out in the public no normally when the planning commission has internal adams or training items and we have other agenda items we have the op option to put those agenda items for first out of respect for time for the applicants of the general public but since we have two new members on the planning commission today we are going to continue with the training and the agenda as it is and we apologize this is going to take a bit of time but we please ask for your patience and i thank you very much for being with us thank you oh hello ok hi everybody i'm jennifer deputy corporation counsel planning commission and i'm sorry if i'm blocking you when i'm mainly talking to the commissioners here ok so first i'm going to talk about the sunshine the open meetings law and it can be fine found in the hawaii revised section ninety two ok so what is the sunshine law that said it's what use open meetings law it imposes requirements and restrictions on how all state and county boards conduct their business the state office of information practices offers training videos and other materials including a library of written memos i asked to see who put in your packet like a sunshine law guideline big so it's a kind of big document but it's really pretty much everything you need to know every question you ever had probably probably could be answered by reading that document the office of information practices put it together and in the front part of that document it's really kind of lehman terms they try to explain to you what the law is and then at the last document is the actual law from the revised so feel free to always keep that handy because it really does answer lots of your question so what is the general policy intent of the sunshine law it's to open up governmental process to public scrutiny and participation by requiring boards to conduct their business as openly as possible so basically when the government makes a decision and in this case you're the government the public should be able to see how all your decisions are made there are exceptions to the sunshine law ways that you guys can meet outside of sunshine law meetings but those exceptions should be strictly construed against closed meanings of there's a question absent a specific statutory exception which we'll talk about board business cannot be discussed in secret so open meetings public meetings what is required regular meetings are open to the public all interested persons to have an opportunity just some of the views or arguments in writing on any agenda item all interested person shall have the opportunity to present oral testimony on any agenda item and boards mean this commission may make a reasonable time limit of oral testimony pursuant to state law but it shall not be limited to less than three minutes per person per student to the planning rules the hallway administrative rules and i just want to talk about a little bit about public testimony because the sites like kind of talks about it public testimony should only be the public should only testify on agenda items so if it's not listed in the jenna for that specific meeting the chair can cut them off and say you only have you only can testify on  so when there is a sunshine law meaning there's requirements and one of the requirements is notice of the meeting written public knowledge or should be given at least six calendar days before the meeting if you don't hear that we've  public knowledge the planning commission meeting at least six days before them we're not going to be having a meeting that jenna should list all items to be considered at a meeting in must be sufficiently detail to give the public an idea of what will be discussed affording them the opportunity to decide whether to participate so if you notice all the general adams that you've seen it has the name of the applicant the actors the t m k what kind of permit what they're requesting so basically the public can review all the genders and decide whether they want to come testify or even just listen to what you guys are going to say so the date time and place of the meeting is also posted on the agenda and once the gender is filed  add something on that they just thought about so you need two thirds of that item on but no i don't shout be added if it is a reasonably major importance and action there are will affect a significant number of persons and that's basically because we want people who will be affected to be able to participate testify whatever they want to do  sunshine meeting minutes to be done so at a minimum the time of the meeting the members of the border commission recorded as present or absent substance of all matters proposed discussed or decided on record of the record of any votes taken any other information requested be noted by the commissioners and the public record is passed to be made available within thirty days of the meeting sometimes minutes aren't approved within thirty days of the meeting because of scheduling conflicts in the meetings just time or whatever but it will be available in draft form for anyone who wants  it so why does the sunshine law meaning sunshine law meeting means the convening of a board or commission to make or deliberate on a decision upon a matter over which the border commission has supervision control jurisdiction or advisory power molokai planning commission has nine members five members make up a quorum and all actions of the commission must be taken by a motion approved by five of nine members if you don't have five then the motion fails application may not be granted depending on the motion  is sunshine and frequently asked questions are do's and don'ts so more than two members of the board cannot gather to discuss board business and if two members of the board do gather to discuss this is they can talk about how they're going to vote on it they can just talk about it this also means no serial communication so for example if mr ste me about social gatherings as a small community and you guys probably go to a lot of thing parties that possible that allowed but don't discuss board business those social gatherings are kind of call chance meetings you discuss board business with non board members generally yes because the sunshine does not apply so what is the board business because remember more than two members of board can interactions and the first one is permitted investigative group or pig sometimes you hear temporary investigative group sometimes to hear to pig it's kind of the same thing so in a pig be assigned to basically investigate something for the commission or do some research or do something that the commission wants to do maybe not at a meeting but can i find some members to go do it and a meeting and then bring them for me back to the commission so that can happen but three things have to happen at a meeting the commission has to lay out the school with the investigation and scope of authority so that has to be the final the meeting should be voted on should be meeting of four so they go to their become back to a meeting where their topic is agenda and they bring you full the whole or their findings recommendations research investigation or whatever and they present it findings and recommendations of them best occasion were presented to the board so this is basically the public can get ready for whatever they want to do testify protests pay before you folks make your decision and sometimes commissions and warrants they ok with the picture take because we don't want to waste time on a regular meeting let's go send some of the group members out to do something it doesn't really save time because like mike this has it takes three another permitted interaction is presentations and discussions so commission me assign two or more members but less the corm so two to four commissioners two percent discussed or negotiate any position that the commission has formally adopted at a meeting however the commission should not represent the commission commissioner should not represent the commission unless form of thirty has been given at a meeting so for example you guys are concerned about some ordinance that is going to be heard by council for approval you guys have a position you want someone from this commission to testify at the consummating so basically adam meeting you will pull that mr drew you're going to represent the commission at the meeting you're going to be testifying on this our position and full authority is given to mr drew to represent the commission and basically tell your position to whatever the other permitted interaction is basically when there is to be a meeting but the meeting has to be counseled and you folks are already there there may be there may not be a core  if there's an agenda item and an applicant's coming in here for some kind of permit no quorum so no meeting can be had but the applicant can choose ok i'll just refer to the next month or if they're the they can present what they plan to present to you folks the commissioners can ask questions back and forth but knowledge decision will be made at that time at the next meeting one of the commissioners here will be presenting to any absent commissioners what occurred at that prior meeting with african was making the presentation so at leaving that was cancelled one of the commissioners should be appointed to take notes so that they can report they can do the reporting to the absent commissioners at the next meeting and again after that meeting no decision and deliberating is just receiving the presentation asking questions ok the mix permitted interaction as attendance at other meetings less than a quorum for up to four me attend informational meetings or presentations on matters related to board business polluting meaning of another board or county council members may participate in discussions no commitment relating to a vote on the matter may be meter star and attending manner members must report their attendance and the matter presented in the skies that relate to board business to the rest of the commissioners at the n thirds of affirmative vote of the members present the purpose of the executive me executive meeting should be announced in open session and an example is we need to go into executive session to consult with the board attorney on questions and i pertaining to the board's powers duties privileges immunities and liabilit to go to court commissioners may also be found guilty of a misdemeanor misdemeanor and hawaii as marks monday all time one year two thousand dollars fine and commissioners maybe roof me be removed from the commission real quickly about robert's rules of order and so when we conduct meeting fusing robert's rules of order the chair controls the flow and order of the meeting chair must know the rules of the law and the commissioners should look to the chair and obtain a chance permission to speak or debate when and taking action a motion must be made and seconded prior to the motion being received and considered by the commission all actions of the commission must be taken by a motion approved by at least by the commissioners and  affirmative vote unless the members disqualified from voting pursuant to the conflict of interest r if you have a motion on the floor that someone wants to change a little bit you can do amendments to the motion so once a motion has been made and second it it is no longer the property of the  commission any amendment friendly or otherwise must be adopted by the full body by boat or unanimous consent and once adopted or defeated the commission returns back to the main motion if it only amended or mean motion is not amended and i pass around article ten of the county charter and article ten is molly county's code of ethics and so if you look and i think it may be on the back page you'll see a section ten s for prohibit so that's really what you're prohibited against doing as officers which are commission members employees where all b y the charter article ten so as you can see there is perhaps missions against accepting gifts or many engaging in any business transaction or activity or have a financial interest that one is incompatible with the proper discharge of the commissioner's duties or two may tend to impair commissioners independence of judgment in the performance of your official duty i'm also a prohibition against feeling to disclose a financial interest or vote on a matter of fact by such interest with regard to accepting gifts our money there is such a thing of course in hawaii and i don't know who put this time but gift there is also another probation if disclosure or use of confidential information when we have executive meetings again executive sessions commissioner should never disclose information  executive meeting so whenever a conflict of interest or an or other ethical question is raised by anyone regarding a member of the commission defected members shall promptly make a full disclosure of the circumstances to the commission when a member is deemed by the commission or the board of ethics to have a conflict of interest that member shall be disqualified from voting in all actions relating to such matters so as commissioners if you think you have a conflict of interest you must disclose that conflict or potential conflict to the rest of the commissioners on the record and an employee employer relationship is a for america interest that must be disclosed so if you do have that relationship with and complete disclosure prior to any commission discussion there is a two thousand and four board of ethics opinion that said an employer employee relationship with the applicant does not automatically disquiet disqualify a commissioner from voting there's also urban design review board  so the board of ethics say that that commissioner may offer technical information to the rest of the board if the board has a question pertaining to let's say you're a landscape architect or you're a member of the project team if they have a question regarding the landscape architect plan or whatever they can ask you questions you can provide that technical information you can but you can't go as far as advocating for that african act so when in doubt a commissioner well according to the rules should notify the commission of the possible conflict you should decide whether community wishing to serve the community on a board or commission so just like you folks you have to apply let the by the mayor get approved by a consul board of ethics works the same way but for that poor they have different duties and responsibilities and one of their responsibilities is if a county employee has a question about something they're doing in their lives whether it's incompatible with their job or if someone from the public has a question about a current county employee whether that current county employee has a conflict of interest doing whatever they're doing they can seek an advisory opinion from the board of ethics the letter they re this is my situation and do i have a do i have to abstain from voting and then the board will read the letter discuss and then write that your opinion you can do that you can't do that sometimes you can do that it just depends on the facts so if a charter decision challenge and penalties a complaint may be found by someone who believes the decision of the commissioner may leave the decision a commissioner made was affected by the commissioner's financial relationship and for failure to follow the charters ethics requirements may be fined or moved from the commission chapter ninety one and a contested case means a proceeding in which the legal rights duties or privileges of specific parties are required by law to be determined after an opportunity for agency hearing it required by law means that the hearing is required by statute agency rule or constitutional due process some agency hearings are public hearings requiring notice to the public an opportunity to testify and or to a petition rebuttal evidence not always in that matter the party initiating the proceeding shall have the burden of proof including the burden of producing evidence and the burden of persuasion and a degree or quantum of proof shall be a preponderance of the evidence which means more likely than the commission shall consider the whole record where such portions there may be cited by the party every decision in order adverse to a party must be in writing in the company by fangs of fact and conclusions of law the commission must not consider matters outside of the record and when you're thinking about decision is challenge that documents going to go the judge and when the judges reviewing it if your decision what you what you why you might make your arbitrary also just unknown the public at a public hearing when they testify and if this is so when they testify they're not under oath right they're not cross examine the evidence is not tested they're just telling you mean to their feelings or their facts that they as they know it there is case law that says anything relevant and miscible about it all and miscible evidence afforded the same weight so your job is to evaluate all the evidence and because testifies aren't parties to a case what they testify to isn't evidence so if you hear something from the public when they're testifying from the beginning of a meeting if you hear something that you want to explore i suggest you explore it with the applicant when the applicant talking to you or the department when the departments  so that's very important because something someone has a public testify or may not make it into the record so i feel if something concerning you develop that evidence with the african with the department or with who whatever back to the commission with instructions for further proceedings in the the judge will say well you guys kind of did this wrong you guys didn't develop the record go develop the record more something or reverse or modify that this just decision and order if the substantial rights of the petitioners may have been prejudiced because the administration findings conclusions decisions or orders are in violation of constitutional or statutory provisions in excess of the statutory authority or just section of the commission i mean upon whom unlawful procedure affected by other arab law clearly erroneous in the room in the view of reliable probative and substantial evidence on the whole record were things to remember when dealing with a contested case you're exercising your adjudicatory function you must remain impartial and not openly make complete theory remarks until all the evidence has been received your decision must be based on evidence in the record if you're not present for any stage of the proceeding you must become familiar with the record before voting and you must avoid the myth that means taken as an attack on someone's race sex gender or re law the law determines how the commission makes the decision staff airport outline the governing law apply the law the facts and usually offer a recommendation and if you stray outside the legal form framework your decisions may be overturned so the staff reports are very helpful for you to determine what are the facts and what  states the fourteenth amendment provides nor shall private property be taken for public use without just compensation one of the principle purposes of the taking classes to bar government from forcing some people alone to bear public burdens which in all fairness and justice should be borne by the public as a whole so in your case pickings can be via permits with excessive conditions so let's a d taking clean meaning there has to be a essential nexus so when a permit application is in front of you and you guys want to put on conditions the first thing you have to think about is there must be a nex connection between the anticipated effects of a land use and the real property exaction or condition the commission must identify the project anticipated effects and show how that permit condition that you want to put on is related to effect so essential next and that came out of nolan versus california coastal commission very important case and the court said the government's power to for bid particularly man uses in order to found some legitimate police power purpose includes a part to conditions such use some concession by the owner even a concession of property right so long as the condition f same governmental purpose bans as justification for prohibiting the use of nexus also when you're putting on conditions there has to be a second prong rough and dolan versus the city of tikrit is is where that came out of that court said whether the city's findings are constitutionally sufficient to justify the conditions imposed on the dolan's permit the next necessary connection required by the fifth amendment is rough proportionality no precise mathematical calculation is required but the city must make some sort of individualized determination that the required education or condition is really at both in nature and extent to the proposed development impact so you must satisfy the dole and no into all interests all your conditions permit conditions must have an essential nexus how's the condition related to the law states interests what is being protected which is the laws dress and must be in a rough her personality conditions must be roughly proportional to the project impact not excessive you can't say i want you to do this this this is this if it has nothing to do with addressing the impacts of a project don't put any unconstitutional conditions in a permit the government may not require a person to give up a constitutional right such as the right to receive just compensation on property is taken for public use in exchange for a discretionary benefit conferred by the government where the benefit of it has little or no relationship to the so here's an example special management area so the object is some policies of the last minute are examples of legitimate interest in these interests are protected by way of the special human area permit and permit conditions so the caesium is objectives and policies are found any trust to a five eight us two and its public access for recreational purposes protect preserve a store resources scenic and open space resources meant to minimize effects on coastal ecosystems economic uses reduced risk of coastal hazards and managing development so  use permit even if a development is shown to have some substantial adverse effect in accordance with the statute the commission is required under the statute to determine whether effect can be practically minimized and when minimise is clearly outweighed by public health safety or a compelling public interest the commission may impose reasonable conditions to achieve that minimiz so some good estimate permit conditions are provision and maintenance of beach access preserve ration archaeological site protection of life and property from coal still has or value set back and building height restrictions to preserve cost of use drainage improvements going to control runoff and medication of artificial lighting on shoreline and ocean water ok so this is the last thing i'm talking about is the commission has an affirmative duty to protect culture resources the commission is obligated to protect the reuse the reasonable exercise of customarily and traditionally exercise rights of hawaiians to the extent feasible in order to protect cultural resources developers should be required to retain qualified archaeologists to determine significance of various receiver exercise of customarily in traditionally exercise rights of hawaiians to accept feasible the commission must make specific binding him to one identify and scope  to identify and the scope of valued cultural his store or natural resources in the area including the extent to which traditional and customary need of when rights are exercise an area to th extent to which those resources including traditional and customary need when rights will be affected or impaired by the proposed action and the feasible for action if any to be taken by the commission to reason may protect me to a point rates if they're found to exist and breakfast homes and one thousand point six five the short term rental homes approximately one hundred twenty permitted bed and breakfast in the county of maui the island cat four mile island alone is four hundred and there is no cat for moral as of march thirty first twenty seventeen ma we cannae permits approximately one hundred ninety five short term rental homes on island of ma we alone their cap is three hundred eighty two and there additional one first permit in bed and breakfast on moral code which is located outside of town about a four mile marker going east pending permits that we have we have a picket area these are only the what you're looking at only shows the permeated  and so this is a five hundred foot radius and saw part of a long time for the slide but part of the requirement is the five hundred foot radius which accounts for any property within the designated pending permit pending short term and to permit anyone within that five hundred foot radius as you can see i don't i don't know if you can see the legend very well but the square represents those that are permit it the triangle represents those that are pending in that area and when you see on the outskirts the circle represents those that are in ren that is an alternative to hotels and resorts resorts and retain the character of neighborhoods breakfast operations so you may have a max of tool dwellings on one property where the owner lives on one in one where ling and operations are in another dwelling as for the short term rental  ages they are not required to live on the property but must have a designated manager and this manager must be a license real estate agent the applicant or a family member except for in harness and the operations and it manager is required to respond within one hour after receiving a call and must be available within that twenty four hours or there is no permit violation caps are the same almost hold on i think this is my r so for a bit and breakfasts and short term rentals the caps are this almost the same in what you're looking at is the island of maui so when you're looking at caps for instance in hama short term rent twenty sixth amendment they reduced it from forty eight to thirty short term rentals however bed and breakfast their cap is still at forty eight so for can my can are their caps for a bed and breakfast and i are one hundred but they had a provision provided that there are no more than five short term rental homes in metals which molly metals are already capped at five  so technical difficulty well you see here i don't see there ok so excise tax and transit accommodation tax license and show proof of tax payments at reno what time permits must be held by the natural person and not the l l c or corporation or to that effect safety requirements saw part of the requirements that they must show all in their part of their application packages is that they have amounted fire extinguisher the shoal on their fire escape plan wedding must be built to cold the shoal where the smoke detectors are part of the site inspections is that we goal and we test these to make sure that they are they are in the us and are operating and you can see an example of a fire escape plan that the shore for every bedroom each bedroom has to have its own fire escape plan they have to show a safety meeting meeting area where they all would come in together as one and the final part of their safety requirement is that they must be the must have a home inspection by either public works inspectors or private in each eye certifying home inspector we don't have that on  with the applicant alone we'll have to personally hire somebody outside of the island to come here house rules and so another requirement our house rules and this is an example of how their house rules would look and it's required that they have it propped up where the visitors can visually see it usually see it in some common areas like the living room or the kitchin are right next to the exit entrance of the doorway and the most important things that we look in side of these house policies that that they make sure that they're so bed and breakfasts so another division between bed and breakfast a short does that better breakfast that's what we call a bed and breakfast that you must serve breakfast however available but can not operate as a food establishment unless allowed in the zoning district or by a conditional permit soul these are just example was of package good coffee me and like i said they can operate as a food establishment under their bed and breakfast short term s g r each requirement soul has to be limited to a single family structure existing and constructed at least five years prior to the application so all in that terms if someone constructed a single family dwelling within this year and they wanted to come in for a short term and to permit it is not allowed so as per here with it they have to and these have that structure for five years for them to come in for a short term rental application so requirement another requirement once they get approved for short term rentals they have to put up a sign but before approval the bottom side of this is how it looks like so the will have to post this as a notice so it's a notice to the public a notice to the surrounding neighborhood that that property is going for a short term estuaries application in process so that has to be four square feet and  as you can see right on a wall of once it's once it's approved it has to be two square feet and that would be permanent and this would be something more temporary they would have to put it up five days before they come in for the application the sign shall be this plea identifying the permit number a twenty four hour a telephone number for the for the designated manager under  s your specific language for permits or nonrenewable so this is what happens so how permits get revolt or they don't come when they're going through the renewal process and they don't get renewed so permit holder provides false or misleading information during the application process or a permit holder is dealing with m p man of state or county taxes fly ins or penalties or evidence of non responsive management so especially for the designated manager and if there are complaints and also or it can come from police reports of noise this story rinses or any other misconduct on that property during that time of operation continued saw other warnings are violations any other noncompliance would permit conditions or government regulations if the permit is revolt or not renewable the department should not accept a new application for two years not be used as a short term rental home commercial commercialise residential r initial permits may be approved from one to three years the commission has the opportunity to see if there is any less or time of prove to mitigate any types of impacts that maples or pulls upon the those that you seen before for warren eans and vialli shin so they actually had had a grease period or amnesty period of six months to actually come in and go through the application process saw continuing application must be heard by the planning commission if tool or more are s t r are s t r ages are operating within five hundred feet prior to the two or more it was just one so they changed it from one to two as certification is now required as part of the application so property not previously used are advertised as a c r age or b and b since january first twenty thirteen or they must when they rented if they did after that period they have to provide the proof of a g d t n a t t and our taxes including income paid for that period and they have to assure that the at that tax rate they have to pay off all the after the fact fee to be established by the council and pay all of their notice of violation fine so owners certificate continuing owner has no financial interest in county with any other s t r our age permit in property or if they do not do within the us the permit number and interests so all one owner cannot own more than one permitted which are another that would trigger them to come in front of the commission and the commission has that final authority and knowledge that false information leads to revocation for a permit and may not real play for two years with the new twenty seventeen so what they're currently looking at the counter committee is applicant must own their property for at least five years before applying for an s t r each permit so it's a and attempt to address speculation continues to support long term rentals and slow conversion of long term red tools to s t r ages so there is still in that this question and it's actually sitting in a consequence as we speak it never went in front of the whole chambers yet so this is an example i mean this shows you are more proactive in force and so you got revocation a period of two years and now you get you have enforcement and a five year ban so what's a five year ban is for illegal operators and operations and it is under a year nineteen point six five point zero eight zero under enforcement  even if even when they had on a list of violations sort of first thing goes out as a notice of war any and then and then if it continues to be illegally operating then they come back again for an order is a violation and so if they have to notice of wine in violation during the amnesty period there is still allowed to combat to apply for an s two each now the amnesty period has ended as of december thirty first twenty sixteen now you go straight to a five year ban so if anybody has been illegally operating from now we'll get a notice of warning and a five year bear and this is an example of how the letter would look users that are otherwise people just wait to be however if there are troopers to the permit it comes in front of the planning commission and you are the final authority on that permit if you approve it they can be approved up to three years just like the b and b after three years the commune every year for a nor but you don't see the reno was it comes in and ministry to be unless the triggers are met and they come and see you emmel p c may want to consider one or two years to mitigate circumstances specially use muni you have to actually come for two applications one for a special use permit and one for a short term rental home permit so these are an example was a different type of zoning that are permitted or you would have to come in for a permit or you actually have to come in for both permits so those are just examples like for hotel we know the trans implications are liable they don't have to come in for a permit apartment ones apartment t town or any residential they would have to come in for a short term rent a permit for special use which i'll talk more in depth to the overall agriculture and rural districts a we look at existing land use entitlements and uses we look at the applicable community plan in this case we've got a regional community plan as are more community plan we consider community input and potential number and substance of protests on existing and past complaints about rental operations on that property or existing and past noncompliance with any government requests applicants cooperation towards  conses in ten was that most of these permits would be administratively approved by the department however in such cases you have soul and will p c in charge of protecting the character of the neighborhood looking at the bed and breakfast review triggers like i said earlier what are the the triggers or these are the triggers so number one a fifteen percent or thirty percent of the owners within a five hundred foot distance and the reason they have fifteen is if it's less than for any owners within that fifty five hundred foot radius and thirty percent if there is a opposite less and more so for instance if we have one in town you see its more populated and more dense so you may have more than forty four of the owners within that five hundred feet so then you would have to have thirty percent of those owners to protest verses more on a these are outside the area where there's bigger properties and less owners you need fifteen percent so these are the most common ones that you probably see on council felt that some neighborhoods more appropriate to have multiple s t r each is they did not support density cap and morsi is tasked with the responsibility of reviewing each the real hood individually when you look at the twenty sixth amendment which sees two approved permit operations within that five hundred feet sounds pretty redundant but it's kind of explaining and telling your story so protecting neighborhood character the second most common n y c triggers neighbor protests so like i said earlier that you see that five hundred permit denials so just the really just as a reminder councils in ten sold the commissions job is to protect residential housing and character of the neighborhood more than to within five hundred feet and when neighbor protests triggers are met and only legitimate reasons may be listed just like our car consul said earlier well what is a legitimate reason for denial soul every staff report lists applicable regulations so these applicable regulations can be your findings of facts so your report is very very important so only reasons related to these regulations becomes the conclusions of law in  so m r p decisions appealed to court the can appeal decision and when they appeal your decision in court reviews the procedure by reviewing the official record on record as the minutes of the meeting there's  applicable community plan community in poor testimony from the burghers potential adverse impacts including excessive noise shafik and garbage and the number and this is from the subject prop parcel of two other permit within that area and the number and substance of protests and protests related to the cumulative short term rental homes in the larger neighborhood or area existing are passed complaints about rental operations on that property are existing or past noncompliance with government requirements and the degree of cooperation by the applicant to come into compliance so all those plays a factor in summary states your reason on record have your reasons based upon the permit regulations in the staff report open staff report regulations page to help guide you don't see an official things during the meeting comments would be in minute plan is now required so prior to this it was only a recommendation so moving forward all these implemented fire plants in ag district is now a requirement so state it's swimmy in to talk to your state properties located in this area and special use permits or special permits so this is beas allows for b and b an s your issues with a permit or they can be a non conforming but the non conforming part is very rare so forest the land use classifications so you've got state urban which is allowed state rural allowed state so this is how it looks like for the early enough see the green area is conservation areas you see that much already of our island is white which is for and any kind of silly little pockets here and there for  prying lands for egg and that's depicted as the dark green it's sort of more stark green here is more of the prime i'm unique is more of a special circumstances unique and that's so land use commission special permit so use for any use not outright it permit it under each areas to all fives the so other there so other than b and b use a short term rentals you have like examples like concrete batching plants or cemetery or a boys and girls club that they want to put on a ag are special special events such as dragon fruit farm in lyon are or high cool mill which is a unusual and reasonable uses within agricultural and rural districts other than for wish the district is classify and may be permitted provided certain criteria as that are met so are proving agencies so any that is or the project that comes in that is more than fifteen acres are that projects schools to the state land use commission sold for projects in less than fifteen acres all of it the final authority is  so when you when well and i talked about applicable regulations and you look inside your report and you know all it's coming in for sep two then you know all the criteria and those regulations will be only the triggers that i mentioned earlier for education b and b you can actually see both at on so rules and the partment analysis in each staff report so each that report for ag this trick sep two the following guidelines are established in determining unusual and reasonable use so these are five guidelines under the to off chapter two or five that i mentioned earlier that before we are doing the review this is what we base the report upon and this is what the applicant is review against these five guidelines promoting agriculture by requiring that over fifty percent of the land is in or agriculture conservation however us the commission will make the determination if the particular fire plan meets each r s two or five plan and it is through the division of zoning and enforcement that the go through that fire plan application so you don't see the plant application in front of you on this it's for the purpose that i stated earlier for short term rentals or bed and breakfast sort of best advice readers that report please we recognize that all this information today is overwhelming staff we present the tell staff report for each permit require us report has applicable regulation and the report analyzes the project against all those regulations have you seen before you and i say please ask questions we love to provide you with answers and i sometimes don't have all the answers you may need but i'll try to be resource when i find the answers that that  you're seeking sure thanks for that information and knowledge as i get caught up as a newbie was there any insight as why will cain and i did not have any caps on years when they were doing discussions was there any insight given as to why there's no caps on them i am ok so with it within the discussions when it came in front of the commission and i mean other commissioners may want to answer it because you guys went through that during that time and if you guys remember when i seen your partner gina flower came in front of you to discuss those are many items enough areas that these tourists can come in and stay so they're out that time that they shouldn't have any cat that was just the discussions that came out of it and so when it went from the college saw the commission thank you thank you chair and a commissioners so this matter arises from an application for state land use commission special permit filed on december fifteenth twenty fifteen by the consultant  allow a short term rental home operation cot the holiday pool koyo the short term rental home will occupy an existing farm dwelling on the property a parking site plan and floor plan are included in the exhibits that you have so the applicant is proposing to use the existing two starry on a nine hundred square foot fire the well being comprise of the garage two bedrooms three bath and a great room for a short term rental home this structure is of what construction with a t any further details regarding the project thank you just today thanks to a very informative briefing part of me marshall one more we thank you mr bonaire like to open it up for public testimony please if anyone would like to give public testimony on this particular agenda item ok seeing non public testimony is now closed before moving further i'd like to base according to the planning commission rules of practice and procedure i have a personal  disclosure of a possible conflict of interest and the milk a planning commission is the body who decides whether there is an actual conflict of interest or not i have a consulting company currently i architectural drafting services and i did provided ministry of support services on this particular application so i would be i asked i would ask the commission to discuss that and come up with a decision on whether or not that constitutes a conflict of interest or if there is no conflict of interest and based upon the rules that were placed before us today please keep in mind that this particular application at the conclusion of the decision there will be no further work by myself on this application because that will be the conclusion of this process so i don't  it's it's unlikely that i would benefit financially from the decision one way or another on this particular project so general how could you please direct your want to how we would move forward with this deliberation everybody's familiar whenever a conflict of interest or other ethical question is raised by anyone regarding any member of the authority the commission the affected member shall probably make a difference of the circumstances to the commission when the member is deemed by the commission or the board of ethics to have a conflict of interest that member shot be disqualified from voting in all actions related to such matter so mr stevenson did make disclosure of his relationship with mr mehra at this time it's the commissioners responsibility to determine if there is a conflict conflict of interest and if it is that mr stevenson will recuse himself from voting  if you find that there's no conflict of interests he me choose to vote or abstain on his own so if you want to discuss ask questions and then discuss and make a decision so you received all compensation that's you i have you're done receiving cop compensation whether we vote up or down on this doesn't affect you financially that is true there is one small administrative task that will be left as a condition of the permit if it is approved to mail out letters of notice to the neighbors of the approval the permit that would be an administrative service that would provide it that would take probably just a couple of hours of the nominal compensation but that being said that still would be compensation based upon a decision so however you would like to view that i and i accept all the want to be fully transparent not trying to influence one way or the other and i'm happy to accept the decision of the commission i'm satisfied that you could both objective early on this is anybody else have any objection is there a second second by john paley any discussion in favor of any opposed here that most of them carry to determine there's no conflict of interest so thank you very much i guess we will review and verify that the farm plan is implemented we have some drawings in here and some discussion say the property is really not farmable so i now clarify how this farm plan is implemented didn't end and satisfies the new but i see my confusion arises from the fact that it says it's supposed to say the farm plan is implemented and by their letter they say it is but it's unfathomable so i the bay they call it like that because it's not possible to agriculture uses what he considered from doing but it seems to me like there's a confusion between what he's saying and what your  might use lawyers but it seems like there's something missing where the land is designated not able to do anything agriculturally they get to state land use commission state land use commission is saying that is designated area cultural so they try to keep it that way and saying that you know you feel what they're looking for so i'm not sure how my the other thing is last comment on his letter was saying that you know there they recommended my county planning to fire you course further detail so maybe this is something more detail simple can you give us a hand here a year we get to the end of the application package and it's a recommendation of the department the commission approve the thank you commissioner for the question sol so let me back up so i can explain the whole thing so during the application process the short term with the short term at the  application applicant has to fill out thirty two checklist items on this short term rental and so there's a specific box between twenty nine and thirty two checklist items if they are on the land use and they have three additional check with items that they have to summit in order for it to be a complete package and part of that some middle is the agency transmitters area so that means that they have to have additional copies and it would review the short term mental application they would have a copy of the location map the five hundred foot designation map the site plan the parking plan the floor plan for those of the surrounding  area and the property in itself as well written description of the short term rental then they would have to list reasons justifying the use and the full report identifying reasons of the proposal which is a reasonable and unusual use so at the time of agency transmittal this goes to agencies the land use commission and the office of the planning as i said earlier in my orientation that if it's beyond fifteen acres the land use makes its final decision but it's if it's less than fifteen acres the planning commission makes the final decision and so when we actually receive comments which it's pretty rare in the column in our division that we actually receive comments from planning and as well as from the land use commission in this circumstance that we're talking about this public hearing and the one that's coming up the public hearing number one was already scheduled and so we were proceeding as such and then we received that the comments however these our own comments that the  department may or may not add any conditions to in response to that and so what the i mean quittin you can jump in any time you watch but as far as these we felt that it should be an admission to the report because it was an agency comment and so we are poor only providing the comments to you when that department already made a decision or a recommendation because you're asking well how do we come to that recommendation as so the richt recommendation was already made prior to the comments that was received by the news commission but we wanted to furnish the commission with those comments so the final decision will be left to the mall implemented farm plan and the ordinance subjected to having it as a requirement so it wouldn't be under commission purview but it would be more of the of the county deeming that as an implemented farm plan i think that was the second half to your question in regards to the farm plan you know i guess where i'm stuck is that the county department is saying that there is a new implemented farm plan but the report says the place is unfathomable so why do we have an implemented farm plan rather than  good question unfortunately it's not our division that approve the floor plan so it came through the zoning an enforcement division that does the farm plan like i said earlier in our presentation and so if if they will verify that that question i can take it up with them but that's not something that i can answer but i don't know if they didn't want to take a stab at it but just to let you know those applications don't go through our division to get that but i hear what you're saying and that's a good question just for my my thinking the whole process is getting a farm plan as part of it right and getting a farm plan as part of the process for package and would deem that as the shorts are meant to complete application so if they come in having it while they're going to their fire plan application and we cannot process that they can't go on to review onto it that far that has been already verified with that approval letter and so i know that question that you want to answer yeah i had a question on the the agricultural and the application is there any specificity to how the property is used as far as agricultural concerned  and any of the county amendments that were passed trying to think when i was reading isn't there some kind of stipulations on the amount and are we applying any of those statutes and our decision making process or have you guys applied i noticed there were two other applications already approved on your map for which i believe are all agricultural i'm not mistaken so i'm just trying to get up again trying to process things are so you are correct in that statute and it is in the but i only have chapter three three or three which relates to more planning commission but what you're referring to is what the fart was part of the fire plan requirements when they go through approval is that that they meet those statutes  like i said i can't attest to it because that's not the permit that is under my purview but i and all relating to that and your answer yes it's it goes through that fire plan process application process to deem that as of actual farming and and or how you said that so many percentage of the income and it does have a specific relating to moral and how much on that island alone would have to contribute to the income being that farming has to be its post or party use ok thank you what jennifer said earlier about there was a board of ethics decision for the urban design review board where a member who may have worked on a project may provide technical comments to clarify things i would like to  provide some comments in that same context if i may would that be appropriate jennifer so it's my understanding that there are multiple methods by which to determine that a farm plan has been implemented and the department of planning has a separate division from the division that civil works in which is the current division they have a division that determines far plan implementation and so they make the decision on whether or not a farm plan has been implemented one of the methods by which to make that determination is to see if there are actual farming operations on there as contained within the farm plan and the other method by which to make that determination is if the land is unsuitable for agricultural use then they have the ability to deem that the farm plan has been implemented so it's my understanding and i could have a misunderstanding but it's my understanding that the department by deeming that the farm plan has been implemented implemented fulfills the requirement of been implemented farm plan the reason that i have that understanding is because if you look in chapter two or five a the state land use rules one of the conditions set for a special use permit says that you make it a special use a permit if the land and i need to let me try to read it verbatim and i believe it was in the reply that ne of the criteria it's sa permitted within that district so in other words the land for which the proposed use is soft which is the parcel mr anderson's parcel is unsuited for the is permitted within the district it's unsuitable for farming and farming is the permitted use within that district so it's my understanding that that is the reason why they're able to deem a farm plan implemented if the land isn't suitable for farming again that's my understanding but again i may have a misunderstanding but that's the understanding that i have you it does my seeing process it makes it clear thank you yeah i wasn't about to just take this document of face and to your comments commissioner paley about the there are already two currently approved dwellings on their short term i'm sorry the currently approved state let his commission any other questions or discussions for the commission for m hearing none and if we could have the staff recommendation for this application please so the recommendation the economy planning department recommends to the moral k planning commission approval of the land use commission special permit subject to the following six conditions on the conditions of th special permit shall be enforced pursuant to a chapter tool five dash twelve and chapter two or five dash thirteen of the hawaii revised that use in consideration of the foregoing the planning department recommends that the more planning commission adopts the planning department's report and recommendation p parent for the april twelve twenty seventeen meeting as the findings of facts conclusions of law and decisions and order and authorize the planning director to transmit said written decisions in order on behalf of the planning commission thank you i do have one question in this discussion one of the conditions said the lady's commission special permission to be valid until april thirtieth to one hundred twenty is that consistent with duration of the permit approval for the short term rental ah permit special permit would be for three years for valid and that would be twenty twenty and it would be the same for the short term rental home permit that's being sought as an administrative approval from the department i cannot answer that because it is up to the applicant after the review and it is approved it is up to the applicant whether they want it one two or three years but they do have up to three years not three years yet thank you any further discussion thank you very much i'd also like to say just add one thing thanks to thanks to susie and thanks to the rest of the planning staff the supplemental documentation is available the planning commission website so along with the agendas all the supplemental documentation and correspondence related applications is available on the website so please feel free to go for a state land use commission special permit in order to operate a short term rental within the state of our culture dish are located at twenty nine forty four co thanks chair and commissioners yes i am civil hope is the moral hurry planner on the plan or on this project so this matter arises from an application for state land use commission special permit found on august twenty third august twenty third of twenty sixteen by a consultant which is presently jimena and on behalf of mr norman risk who is also present in the audience so this property is approximately five point nine five to eight grows in size and is situated home will occupy the four thousand eight hundred ninety six square foot of living area which is made up of wood a metal roof and on a concrete and post and pier foundation the existing estranged well being is comprised of three s yards bedrooms in a to add any more detail to this project thank before we go any further i'd like to disclose a potential conflict of interest same as the last so i don't know if anyone would like me to any additional information happy to provide it but i think it's pretty much identical to the to the last so i believe as in the last instance that any discussion or questions ok to entertain a motion to determine a conflict of interest i move to i believe that there is no conflict of interest for the  commissioner made a motion is there a second second that commissioner received second any discussion on favor of the motion please say i any opposed most and carry thank you we buy starting when they first became available so we've been part time residents here almost forty years my recommendation is that the board approve this motion this the individual we've heard today that these permits have concern about their effect on neighbors within five hundred foot circles and so on that's ridiculous here his all his neighbors have elected him the president of the west molokai association for quite a number of years this is their bearers spec that very love person he's been so generous with molokai he's been supporting and improving the beach park with with his own private funds he's given a lot to molokai i think to put conditions on this application is inappropriate he should be thanked for his his numerous gifts to molokai and i recommend approval without condition thank you thank you very much any questions for the testifier thanks for your testimony appreciate anyone else like to testify on this particular application ok say not close public testimony commissioners any any discussion or questions for mr minera about the project i would like to put this question to the chair and his experience with this application the implementation of the farm plan the land on which this application is being submitted as vastly superior to the previous application but the mitigating circumstance whites can't be farming is the lack of irrigation water and is that why the department said that this farm plan was implemented if again using the opinion from the board of ethics for the urban design review board to provide technical commentary it's my recollection that you are correct it was because of a lack of agricultural water up until this point the reason the property appears to be in much better condition visually through the through the photographs is because the applicant was hughes is using potable water to water his land in his garden and if you recall a number of years ago the potable water rates went from i believe you were you were around during that entire process they went from a believe around a dollar per thousand gallons to over seven dollars per thousand gallons and making it more restrictive and more primitive to perform agricultural operations  in that change that was i believe that was the reason again that's my understanding but i could have a misunderstanding but that's my understanding i see that how many bedrooms does this have this property the property has five bedrooms total but they're only allowed to utilize three bedrooms so the bedrooms must be clearly  marked that they're not to be used for short term rental use and then also any advertising or representation of the property you can only advertise the maximum number of permissible bedrooms so they cannot advertise it for four bedrooms or five bedrooms if they do that would be a violation of the permit it would cause them to ok have their permit rips so it's not that the dwelling can can only have three bedrooms they can only any dwelling that we approve can only use three bedroom sets correct ok thanks thank you any further questions or discussion  lopez have the department recommendation please planning department recommends to the moral k planning commission approval of the land use commissioned special permit subject to the following standard six conditions the conditions of the state's special permit shall be enforced pursu to chapter two or five dash twelve and chapter two or five dash thirteen of hawaii revi statues in consideration of the foregoing the planning department recommends that the put moral code a planning commission adopts the planning department report and recommendation p paired for the twelve twenty seventeen meeting as a findings of fact conclusions of law and decisions in order and authorize the planning director to transmit said written decisions in order on behalf of the planning commission thank you entertain a motion second to mr drew commissioner true is there any further discussion all in favor of motion say aye any of post motion is carried thank you commission thank you  general plan and community plan thank you very much clayton and this like to say thank you for your patience to the public to the applicants and everyone who stuck around for our orientation and training welcome xavier and john who are grateful you folks are participating with us and look forward to to many more enjoyable afternoons with everyone here and i have nothing else this meeting marshal we have on many occasions received public testimony concerning the caps we talked about the fact that we don't have i don't know the procedure but we need to get it on the agenda so that we can have public notice take testimony look at the number of the stuff applications we have pending and establish begin the process of establishing cap's war we have an obligation to maintain the integrity of our communities and the flavor and feel of the silent so some of the pushback we that we experience the previous meeting was because the lack of trust for this commission for this body and i think we need to demonstrate through has that type of action that we do have a do i make a motion to get it on the agenda or is it something that apartment will take care of