director of environmental management for you will be living in twenty six represented in the fire department of public safety although i chair all of our committee i'm tom curley testifying on my own behalf how to nursery i stand here today in support of the proposed changes zoning to be to to allow common nursery is only necessary for them to continually continue to legally operate their business at their current location i've been a customer of k hina nursery for more than thirteen years first at their old location that was operated under a conditional permit and for the past about seven years at their current location their folks there of help me many times in keeping my sprinkler systems in working order and providing many of the plants that adorn my bed and breakfast in mowing meadows i really appreciate having a business like this available hey and i hope that this committee grants their change and zoning to allow this business that continue if there's one thing i would like to see and that would be better signage for this operation as i drive down south keep a road and i look for them their signage faces out to the street and i don't see it until i'm just up next to it and then i have to quickly signal and turn into their driveway so i'd love to have a sign that was that was better presented to the drivers coming down the street but today's committee meeting brings to mind a question and that is why does an action like this this change in zoning that has been applied for take so long from my research it shows that this change in zoning was first applied for eight years ago fortunately the owners of this operation have been able to continue their operation without the proper zoning allowing it legally but that really shouldn't be the case should it as you all know i help people get permits to allow their the operations of their short term rentals in bed and breakfasts and of course i have to tell those people they may not operate until their permits are granted i would like to see this committee and the council in general doing everything that they can to shorten these times for the people like on a nursery unlike my clients who who seek a short term rental permit to minimize those times as much as we possibly can and it's impractical for people wishing to make  to wait eight years before that use is granted their personal situations may change in that period of time and they may not even be in business by the time the zoning is is changed so again i am in full support of this good afternoon committee chair members of the committee thank you for the opportunity to provide testimony my name is shantelle recce i'm the executive director we call the moment we and i stand in full support of the change in zoning from residential to public was i public just to provide you with an update on the capital project i know you've heard a lot about our project over the last few years but very happy to report that it is moving forward the total project consists of three places phase one is renovation of an existing building that was constructed in ninety three to accommodate our  its own home to move its employment programs and administrative offices and phase three will be housing for persons with disabilities and this is all to take place on the two acre lot in question  testimony public testimony is no close for property situated on a mobile hawaii the proposed the purpose of the proposed bill is to grant a request from one a community hall center incorporated for change zoning from internal district to p one public or so public district for approximately comments to members in a discussion chose a recommendation thousand eight hundred seventy nine square feet located at seventeen forty six will transmitting a revised proposed building titled a bill for an ordinance to change the warning from our three residential district to be to community business district additional zoning for property situated a key a mo hawaii put up for to the one in the conditional permit for the nursery previously as documented ordinance thirty two zero two two thousand and four the condition follows the to find a nursery incorporated  as a condition of use permit for ever and as i have a channel mr whole comma saying why don't we get them to do a change in zoning they have done that i do have some another condition i would like to finalize after speaking with the applicant so if if you would indulge me in a short recess to get that complete completed at some time it doesn't have to right yeah no i think it's her and i understand that part of my question is a power is in the other parts about negative impact our neighboring residences and in these four different chemicals being listed as other then so that's where i wanted to know where did those four chemicals who brought those up why are those four chosen to be the other then chemicals in this well i am the second planner on this so with regards to the reason that the round up and the bestseller lists are in genesis is in there i could not necessarily make it historical viewpoint because that was a condition of the conditional permit that was passed by the council in one thousand nine hundred seven so at that time in their deliberations they must have felt that those two chemicals had such importance that they would make expressions condition for this then in discussion with mr walsh at all the people there there was a discussion i believe that came from the chair about using the name or oil and the pirate as something that's commonly used  and so there was in addition to the conditional permanent condition for those additional two chemicals so that's the historical background as to how we've arrived at for the applicant is in the audience and you had probably specific questions regarding chemical use so there we go yeah well those first two america years back and today knowing what we know and the different you know controversial things that are occurring not only here in our county and state but worldwide in regards to these chemicals i think there's a whole different light being shit upon these so i kind of take issue with the way things are worded in that regard chair what you're presenting in this amendment i understand so i won't be supportive of this if it continues to stay the way it is but i know what you're trying to do and i'm support of that and so i don't know if it's time to rehash and talk it over with owner and what they do or don't do the bottom line is the two existing words in this condition of past has been passed down as ninety ninety seven i do not agree with so best my take on around for a long long time and it's sort of by you know organic as an organic use so i have no problem with that one being on there the other one the round up i would change the name potentially but that still is widely used by residents around the country especially in this county including in this county so that's that's one you can buy over the counter so i have no problem with we don't really have i mean if you would like additional information we have mr kurt wallander with us he's a staff planner for this project  not a whole lot to say this is the character he's been around for a very long time has been a good member as far as i know it's been a good member of our community and i see no reason why not to grant the zoning today although i wasn't able to find anything but from what i understand to current with the roadway improvements along with an official traffic assessment there have been no adverse effects to the business being there  well as their heavy into the little league and other community activities in key a so they're very good community members i just in case you know something happens and they decide to sell the place at some time in the late you know very far future as we all know a lot of permitted uses are in the b two community business district and  i wanted to put a list of things that i didn't think we'd want in that location and i know it's it's an interesting kind of a bizarre location shaka pizza is right  there on the other side then there's a church on a very narrow property and then there's space for their business as well and so it's in a unique situation but i wouldn't want things like automobile automobile services poster shops you know and the list of things that we put on this list so if the members don't addict i'm sorry i should have said that as a condition to exhibit b condition number two exhibit b and i discussed some of this with the applicant and there he's he's fine with it too  wouldn't want any of that stuff in that area as well because it's it's on one side is residential like i said it's a church on the other side further on up a little bit and then more residential so it's kind of a really mixed area over there if anybody knows where shaka pizza is the right kind of right next to him so other than that i think we've got agreement with the applicant on this lists so i'm willing to vu for me i was here in two thousand and nine when they came before us and got a new conditional permit and at that time of course they were told that you know they might want to get there  only changed and was so i'm familiar with the project i've heard the pros and cons about it but i'm very happy that they did take us up on it and come for the zoning change so i'm in support thank you thank you very mr chair i move to pass the proposed bill entitled the revised proposed bill entitled a bill for an ordinance to change the meaning from our three residential district to be to community business district conditional zoning for property six zero one six two a low for the development of sixty six sixteen units of affordable housing and new office building and a route of renovation of existing t ok sorry ok the owner of the property is the colony of mali and it's leased to cullimore molly limited their lease is scheduled to end on july sixth twenty fifty nine and we did send a copy of the lease to the county land use committee this is the location of the property orientation wise on the right hand side is avenue to the north or above is actually on the west side is the molly lonnie parkway and if you're familiar with that area you have the kaiser permanente building and then you have the moll memorial medical center south of the project site and it's adjacent to the molly economic opportunity property currently the property is on the  cali community plan designated as public cause i public use however the zoning of the property is our three residential for that reason the molly county council initiated the change our three residential district to p one public was a public district in terms of back the final e a a of the finding of no significant impact was published in the office of environmental quality control the environment notice on june eighth two thousand and eleven resolution number fourteen there are sixty eight was adopted on july eighth two thousand and fourteen the public hearing on the resolution was held by the mali planning commission on the vendor twenty five two thousand and fourteen the mali planning commission recommended approval with one condition of zoning related to water conservation meant measures recommended by the department of water supply these are photos of the property the first photo on the left is looking up the existing maintenance building that's on the property in front of the building the photo on the right is on the top is just looking at the building from kaiser permanente and then the left hand corner with the yellow car is view of the building from the north east corner and the last photo is looking at the building from the southeast corner of the property this is the original site plan that was proposed bawi for their project they originally was looking at creating developing a new office building to the right the metal structure is the existing maintenance building that they proposed to renovate and the last two buildings were proposed to be sixteen units for their clientele at the planning commission meeting molly indicated that they've eliminated one of the buildings and they're not proposing eighty units one of which would be used by an onsite manager for the project thank you we're open to any deportment of holes in human concerns department of public works department of water supply department of planning for the permitted uses and wondering how they are fitting residential in there under the permitted uses of residential yes thank you mr chairman i think live it's going to go look up something that's my own question as well i think there would have to be a specific condition to permit that i don't have the ordinance in front of me i'm looking at it and possibly facilities for nonprofit organizations because that's kind of what i've been if i think it should be if the committee is if the committee is comfortable with that interpretation it should be really i have a question and i'm going to i'm going to exhibit my lack of knowledge but color is now called limited maybe the director can explain why the way they change their title  at the top of my head it was before i became director so i know it was over ten years ago i don't have a direct answer i can certainly research i vaguely remember the previous director making these i have nothing to add i mean if it's gotten to this point i hadn't reviewed this at the planning commission before i mean it was kind of this point with public was i public there would have had to been a clear pointing to use so i don't know if the applicant has out of the department has that been through yes but there should be a history here that says exactly with the uses and which use it falls under as a permitted use because this has been going for a while and right first time it's been seen right and it's been i think before us as well sometime or another for the lease i think and i'm fine with i am absolutely fine i just don't want them to get caught up in some sort of legal mess if somebody decides to get upset at them or whatever so if if the director felt more comfortable with us put throwing that in as a condition i'm happy to do that but looking at the uses i mr chairman i think it probably it would be easiest just thinking down the line after however many ministrations come and go and councils come and go it would be easier if as a condition or listed on their permitted uses however the council wants to do it to say you know housing as related to you know the  nonprofit function or something like that that the council cannot establish a new permitted use by this right i mean that if you want to state on the record and that this again at some point someone decided that this would be the appropriate zoning for this the background of this decision the ordinance will change to that zoning and any of the uses a lot in that zoning will not be allowed on this property but the history of how that was determined i'm not familiar with right you read every single you know document in the record here but there should be an indication of why this is a particular used it's allowed under a permitted use so that's something that should be relatively simple to find i don't know if the applicant again or the department has a position on this but it should not be particularly difficult if it's gotten this far yeah and i tend to agree with you mr hopper it's just that in all this i couldn't find it  potentially as a condition it could be an accessory use subordinate you under the subordinate uses in structures which are determined by the director of planning to be clearly incidental and customary to the permitted uses listed here in and we could clarify that a little bit more in the condition saying that the residential facility that  the uses are stated if you want to make it clear on the record that's fine but putting that in as a condition doesn't change the zoning district it's going to the zoning district in any of the uses allowed in the district are going to be allowed i mean normally you would reserve conditions like that for limitations on uses and not to clarify which uses are allowed so again there should be an analysis of the permitted uses in the district in which one this falls under right and i'm not sure i can find that analysis anywhere in the paperwork so i'm just want to protect the agency from potential problems down the line know them show dream people on their site is not unusual we have a lot of non profits on mel we don't do that you know you have women helping women you have a little house you have more youth and family services and you know non profits that provide housing related to the nonprofit function and it is most definitely a part of their facility so in my opinion it could fall under a number of things listed of the permitted  use is facilities for nonprofit organizations this is the only role mommies function this is their mission is to you know help disabled persons  if it was just stand alone housing i might you know think a little bit differently but but it's not it's an integral part of their facility it could fall under public facilities or public uses it could fall under quasi public uses or public was a public facilities so i think all of these point to a permissive interpretation that the housing was most definitely be allowed in th situation and what i would propose to do is between assuming it gets passed out today i would have a letter drafted for the full council with this specifically say that the housing would be permitted and you know as related to nonprofit thank you very much i think that's a very good idea that mr coach would eventually i'm in the load uses because there may be others and we know there are other nonprofit to house people and room we have it cleared and you know there's no question so thank  number of units was a that was presented to the planning commission not sure how it went to sixteen but ok and then ok thank you and then reading through the part in regards to deal we department of education i think the question was asked is it going to be permanently excluding school age children in these units so has that been answered yes that was answered during the review of the way it was answered that there will be one of the units will be for a manager and who may or may not have children school age children the other units will be for adults only and so they are not subject to impact fees therefore ok thank you very much and we're reading through i guess that yes and what have you as a very culturally sensitive you but i guess it doesn't need to be written on our behalf department that if anything is phone during the process of digging and building that message p d and all the burial co and whoever will be notified and i guess work normally stops you know monitoring occurs and all that so is that as that is pretty much safe to say a given that those practices will occur if such fines substantial revisions to foil county communication fifteen dish one one six mr chairman have to pass the proposed bill entitled a bill for an ordinance to change owning from our three residential district to p one public cause