on the planning commission the meeting called to order so if anyone wants to test has found any items right now if you cannot be around later you can do so or you can choose to wait but you can do both has anyone choose to testify right now please come and i should also note that all of the activities are outside the shoreline said bacteria and so no shorelines effect approval or environmental assessment exemptions will need to be to shoot subsequent to your  the resort itself is comprised of three different tracks might be the majority of the resort buildings and facilities are located on parcel sixty one the resort parking structure is located on a parcel seventy six and so this morning the applicant is requesting at the mall the planning commission said or a special management area use permit and plan development step two approval for the proposed improvements at the resort improvements also with regards to the existing parking structure relocating the entrance and exit control devices and ticket dispensers and requiring entrances to the parking structure on to the project development around i'm sorry can you speak to michael better sure is that better yeah i can hear myself now to pay for the project development at the scope of work that brian  located here there's existing children's pool area that will be redeveloped and existing luau facilities that will be read item number for our holiday portals  associated with the with the ohana children's war and then finally item seven which is over here in just a landscape area there's an existing quarry pond we're going to modify the perimeter polynesian introduced plantings so that is kind of a comprehensive maintenance plan and in the bill for the property also the irrigation systems will be utilized standard this side presents those civil drainage concepts the civil drainage again if there's already developed property so those miners greeting for the renovation will not alter the current drainage patterns  the existing plantings throughout provide a natural and excellent buffer between the development and the ocean as well as keep a call here to the north and then existing plant and you come down drive there you may be familiar with the property there's a tree lined canyon lined drive it's wide enough for us to develop parallel in which you turn down to access the pushchair there's an existing staff parking area there says will be replacement of l b d r two l e v lights for the site lighting there's a general replacement and what that results in is a this is the before this is the condition now you see cars on the second level it's the evil they really we want we're posing to clean that up and just dress up that entrance  and clean up the visual clutter in the front of the parking structure on our street right and then the main stair that's kitty corner from the pushchair this is as it exists today just in putting the existing structure again with what the property looking at is a some stones natural stone accent and continuation of the material that's present on site which is a cement and then the poco share islands cleaning up the center of the island introducing a new low landscape site wells image the second area of improvement is around this existing schools called the muleteer pool or also serenity pool and involves  which is the ground floor unit off of that hotel which this is called  actually you get a glimpse of where the relationship of serenity will bar is in plan so it's in the vicinity of the pool again it's up slope and this is the shoreline site the upper portion is our service area that will be your bar and service countertops covered but open there and then a series of individual the ocean and the structure itself is very minimal with intent that the landscape and the existing development the hotels and the the prime structure ohana kids school luau ground improvements this is the area to the south of the property it's a redevelopment of the area there's existing tools there what we have here is a shot of the upper or it's often used for scuba training it's just the standard for squared enclosure pool and it's the height so behind the photo take the area will be united by comprehensive landscape five decking and planting throughout and then in the center portion here you see the plan location for the  and these are sections through the pool that shows the the water depth basically no more than four feet in this area and then that extension that allows us to slide out into amenities would be served from this area and there's a triangular shaped roof that would provide shade much needed shade for many of us  dressing hut there is an outdoor enclosure for pool mechanical that it is had some fun seeing and landscape authors were going to clean up that whole area  the plan you see here is that redevelopment of the existing storage room into toilets these are convenient toilets for both luau patron to be implemented and there's a small building signage is located throughout the property so the red signs correlate to this style sign the and then this is another architectural way of helping with way finding is just improving some of our nodes for circulation and this is a vertical circulation in the building this is a renovation of it replacing and what it is today is a large open terrorist area it's under utilized it's very sunny you know it's not very conducive to people gathering there waiting for their and then the improvements these are similar in style as the harley for us but they just last the spa and they're not falling away on the landscape these are ground floor units so we're using  concrete pavers to extend the lanai will be a way to bring out some chaise lounges is a ground for the ground floor unit separating the the lanai by privacy area close to the children and then finally the last improvement in the set is the small open line this is located here on the plan at number seven there's an existing well you pond there and  turn it over to brian to conclude the presentation thank you for your  time the special management area used permit and undevelopment step to approve applications were circulated in the ship date for agency review comment and non substantive comments were received back from that review  also the applicant has engaged the community association and has obtained preliminary design approval for the project you project assessment report that was prepared in support of this me and  applications including an analysis of pension or environmental infrastructural and socio economic impacts and propose mitigation measures as well as an analysis of the project's conformity to was significant adverse impacts with regards to environment infrastructure or socio economic considerations nor will the project be contrary to the goals and objectives of the state and county rules regulations and plans the urban design review board did review this project at its meeting on september first and a d r be you know it's you know to mislead voted to recommend approval as the project was presented so in summary have thank you in their planning so we've been working with them for quite a while now and on this project it has been reviewed by our design review committee of architects and homeowners and they have made  every effort to listen to our comments and make adjustments as needed and also to keep us up to date on everything they're doing so we are very happy with it we feel that they've done a very good job of revitalizing this property and as noted we've given real menary approval and now it's just waiting for some of the final finishes to g that particular area and i appreciate their help and effort in working with maryon as well in the past we always want to make sure we are respecting our owners wishes and make sure we maintain the noise abatement when they deal with a little as well as any construction process that may go along just want to make sure that it is brought to your attention that we want to make sure we want to be good neighbors to them with that respect  they're going to continue with a little well i hope it looks like great fantastic process which i think the grounds based on what i've seen in the estimate drawings look fantastic i do want to know that their mechanics will has also been in consideration of make sure we maintain that noise control as well  representatives of the resort here today but i myself of this it one of the restaurants at the resort and i believe the time we went down we we we didn't valet we just parked in  parking structure and i think at that specific instance they validated the parking ticket but we could maybe one of the representatives from the resort is able to respond better to that question i don't believe there are dedicated if this was a new hotel we're going you know undergoing construction that would be much bigger thing the census is renovations nights i haven't heard anything the public access is because you know being hindered or there's any changes with that regard with the renovations of those i don't see triggers that require additional ok for me in that area we've got well a shop so well above you are starting to look public and you have to pay to go in and out of the opening up after that down there by the beach that's a big area you know that's a very big ocean area that we don't have any place to axis across the street and at the end of south keep a road there is parking there with an access to the beach there then you get to a little beach where a lot of the diving takes place that was expanded by about twenty two stalls years ago when the and at the end by polo beach you have the polo beach parking lot area which is a large lot which is very seldom half full so you have those accesses also of note there is no beach in front of the whi is there is access there you did mention that the shops is now charging for parking in that which again does open it up for public parking rather than i'm trying to not allow parking for p checks as certain times now anybody can park there and i do believe as they are saying here if you want to you can go to the hotel but it is a parking unless you you know using their facilit beaches beach parks ratliff's not for many hotels where the hotel is again you can go to a hotel and you can access through a hotel you're free to do that you can park at the hotels now some of them charge some of them don't charge four seasons doesn't charge kilani doesn't charge and doesn't charge believed in matter fact and does does have when they were built they had to put in i believe  additional besides the twenty two in the park they had to put an additional parking stalls in their property for beach access are so there are some areas areas that are free to the public but all of the hotels she this is going back to parking again one time before marriott acquired the property work and went into an intercontinental and they had double areas where actually the public could go in there and park it in have the ticket meter so we used to be able to go there and then walk the path presently they're all ticketed in fact while we are shopping center area where there's a lot of parking used to be open now there you have to be ticketed and if you go in there to just park and just to go shop without buying anything you have to pay a fee and so i think for the public that's a concern because marion is basically the central area of the hotels and i larry has them and it is a concern for me too because now i see all the area in that particular place is all ticketed you have to pay is not free developed from intercontinental that actually was an outrigger weave it was under outrigger that they developed the two level parking structure then mary out took over and then there's been two different ownership which is essentially just a renovation of the existing resort but that's part of the challenge i guess with the project is that they're in hunting what is already there from from a resort standpoint there has been a lot a set of renovation plans for this project that allows the existing resort to continue to comply with the county code parking requirements the austrian talking points and we got to a point where we've we've been able to put a plan available based on the existing conditions and the fact that it was developed quite some time ago so that's the only consideration i would offer it's a commission in response to the specific reason why is because in your having the public notified that if they wanted to go there they could find a place that they could park and sort of having to acquire a ticket in order to get in and start essentially you're asking i was saying is that it's not an existing condition and it's not one that was required in our process with the county to meet county requirements this is a new concern that was brought up by the co commission or question for the director so that's if a hotel is being made and i tell us we have twenty public parking when this hotel changes hands and there's other the other hotel have to say we're taking away the public parking is on going to happen we'll have to divulge was there was public access now it's been taken over i'll soon have a chance to say anything i mean is that a common practice or do they have to tell us to let us know that it won't be put to park parking after that if if there was a condition  on the original estimate permit or beach out of park i haven't heard anything and i'm not familiar with the history of the  food each one of the hotels has some kind of requirement or i can see each one and a number of the properties down there the and so when they come in for subsequent remaining whether it's sheraton asians or whatever you know those earlier conditions don't go away so there were earlier conditions related to this property those conditions but if the  rational basis or you would have to make findings like if they're adding rooms if they were completely reconfiguring the buildings so that whatever public access is already there ticketed it was parking where we could go in the double structure and we could park because it was in the necessity of a generation and of course times are changing and people are coming on there so since the it's been it was actually taken in and not charged i think and then i think now it's down but it does feel like and this is now with the new development is you know five years from now ten years from now there's going to be a parking issue and it's going to be on the commission didn't address it what we had up to and was kind of public already have and i understand conditions are supposed to be related to the development but it's mostly related to some impact that a proposed project has styles that you have in those five beach access areas but i think it's significant and i think it's about a hundred or more and they went one step further to not only create those accesses but pay back the requirement to maintain those accesses so that they don't turn into a county park it turned into a very well me pain public beach access system truck to be sought reese and i know that was because when i was in high school i marched into the planning director's office with a friend of mine and we said this development that you called while there that's being developed throughout the resort dedicated to the county left perpetually in perpetuity for access to the public then we said o choir review of the commission a commitment might have been made to provide free speech parking within the structure itself and that's something i'd like to know  thought there was something where so many stalls were set aside for public beach if i heard you correctly right now you just made a commitment for nineteen stalls of public unregulated public parking along the entry driveway which is something that's significant from my perspective everybody when you create nineteen stalls or parallel parking on your entry to drive way into the resort the entry experience for your gas becomes existing parking have met old county codes and we need to meet new county so parking demand is such that we we need to balance  and and the enhancement within the driveway self one of the elements that i neglected to discuss with the lady we're going to be adding some lanterns so that there is a magical be used until this discussion somewhat infrequently because we do have other parking structures within the property so we felt that that  automatic and say great we just added nineteen more access each access dollars for the public through the property i regulate is not charged where anybody can use s public starts because we need them for the uses that we have on site or property so it's important i think for the people here to recognize that those styles are being  in one area in the back corner where they got that access and you know they can go there that might enhance your property some to around this issue we have a county requirement to meet the parking demand of the hotel in the event that we had excess party and i appreciate your your point because you know when we first conceived of this as i said earlier it was to have it utilized in the event that they needed to you know have additional stalls so they met their demand in the parking comes is that we need to meet the county requirements we can't double dip on that by offering public stalls in consultation with the ownership here knowing this concern that has been raised by the mission in the event that we have excess stalls beyond the county requirements they'd be willing to look at allowing for public parking beach access or in a certain amount of each access parking  and that would be in the parking stall in our parking structure itself so there would be a mechanism to that utilise that in some way they're doing that now with starbucks for example as part of their lease agreement there are some dedicated stalls just for the starbucks users that's part part of a lease agreement so it's not that the  property is trying to prohibit public use and public access and enjoyment of of the beach trying to manage a number of different needs on you know as we flushed out the issue there's a way to offer the public access parking beach access parking for any of our access stalls beyond what we and i'm sure we have our kids on the show you have a sense we don't want to kill this whole thing about public parking but i think this particular thing came about because the rippling effect of the commission on the happening at two other questions actually on a property generally speaking i like all of the improvements that you're proposing it looks like it's a beautiful upgrade for the property it's functional it's attractive it's an investment in the property it's positive and i support it from that perspective or the two questions that i had was that the area where your kids addressing concerns relative to noise generated off that area yes and thank you for your support of the improvements the while a d h phyllis are adjacent to the property and i appreciate the general manager has the money earlier and their concern here varies specific to the whole mechanical and i actually this is a chance for me to operations may not comply with the operating ordinance and my question is is the upper lighting on the renovation plans going to comply with your yes yes i have a question for the african so what is the estimate her causes renovation the estimated total cost for this renovation well you're looking for that the reason i'm asking is you guys assume to have financing in place that not go starting if we prove this is a no the financing it is in place we are looking to start as soon as possible and are looking for as early as you know the project is consistent with state county rules regulations laws and we recommend approval using six standard conditions of school and five commission while there except the recommendation any questions comments good morning commissioners my name is chelsea hill and i've been working i've been working with the owner jeff friend on the application for permits to and the bed and breakfast  so we put together our point  so this is a bed and breakfast application and it's located in cooler on a little road country road called runs in between the top road was coffee next time and the lower c and so actually you'll see later that some of the neighbors in the five hundred feet are actually on another road on the other side of the gulch here's the bed and breakfast house it's a two bedroom house  and here's the main dwelling that the owner lives in himself has a say plan and again this is coming here making the key road and the first house is the two bedroom house that is the proposed bed and breakfast and the owner lives in this house here and this is the driveway here into the property and this is the opposite direction this being the entrance to the property this time and this is actually catch a glimpse of the proposed plan breakfast from here and this is the front and this is the side and back view this would be the side facing down facing the rest of my way with the view on the hill this is bedroom number one and again this is  valley of the valley isles and the west my mountains over here that are number two would be on the mockeries side of the house and in between the two bedrooms there's a bathroom so there's one bathroom in this  little twelve thing is the kitchen fully equipped this is the living area and dining the living another view of the living and this is the dining area so this is the part where we're here today the farm plans for the special use permit and again you recognize this is the main house this is the proposed bed and breakfast dwelling  here there's some flowering japanese cherry trees in this area the owner has a native plants restoration project here of several of those here here and in here where you can see there's a koala sandal wood actually made a mistake on this it's not and various succulents in these areas this would be the area that's just on the top of the gulch so he's working on having these plants work their way down into the gold and actually restore this  have a native plant area going down into the culture and with hopes of bringing native birds back into this area he'd be in this too in this area here area you'll see in has done his best and actually hired a farm consultant to help really make the most of this of this property and there are several different plants growing in each area using the water and  grave that exists from about the early twentieth century and there is a buffer zone around this area that's got some roots protected with a rock barrier and inside there the owner planted in a traditional way palm trees again just to honor the chinese heritage of this site there's some landscaping around the front of the main house and around the back here there's a rather extensive herb and vegetable garden which show you photos this is a photo of the native plants along the side of the driveway  talk about the pumpkins here the pump there's a pumpkin patch here as well as a dragon fruit orchard which you'll see pictures of and in keeping with the season the owner's growing orange pumpkins and this is a poacher squash and there are also white pumpkins which is pretty cool i've never seen them before this is the area again where the the topsoil has been completely eroded off of this particular part of the property and so the farm consultant recommended putting these dragon fruit actually in pots and and there's a whole pumpkin patch which this is an early picture and you see it's growing and growing and growing all around this area there's a couple  squash well pumpkins here's more of the dragon fruit the dragon fruit takes about three years to produce a fruit and so in the meantime jeff is using  the pots and the irrigation he's also planted in here cannellini beans and peas to make use of these resources well the dragon fruit are maturing the close up he's the macadamia nut tree the meyer lemons this is the apple banana stand with the citrus planted around it and around that again using the irrigation that's in place that's benefiting all these plants there's some strawberry and lavender these are the coffee plants up here you see the proposed bed and breakfast home up here and this is the main dwelling another few of the coffee and geoff is actually roasting the coffee this is another area of the native plant restoration project here's the top one the little ones just below this and this is the password area for the chinese grave and the plum trees in that area there and that is just below the proposed plan breakfast home is right about that this is a fig tree that the fruit these are pigeon pee is one of the plants that have been planted around the avocado orchard to that produce very quickly while the avocado are still they still have years to go before they're producing other cardo jeff also avocado trees which you can sort of make out in between these other plants here  this is the upper orchard see how young the avocado trees are nutrients and water preserved well on the land and so more fruit a native plant this is a jacaranda which was existing and it will be kept because it's so beautiful part of the irrigation bringing up the this is a six year just planted six years marketing and guest screening just plans to market on air b n b and b are below plus have his own independent web site on his website he plans to market both the bed and breakfast rental and his farm produce he will not have anyone any third party screening he will be communicating directly with potential guests and will be the only one in charge of approving potential guests after that thing them  and making sure that they know what they're what they're getting into here this is not obviously a well a a resort area or come from the poly this is a tranquil country area cooler than because it's a two bedroom home he has the potential of renting to one to four guests for guests maximum he will absolutely have no wedding parties or large events allowed on the cottage premises here at the house policy is the first for the standard required policies and then on top of that we added please drive with alo a just to introduce this is hers to the island's potential visitors to the fact that this is a tranquil country neighborhood and there is a ten mile per hour speed limit on the road will be noted in the house policies also in the welcoming packet and just plans to put a little sign at the exit of his driveway for the guests a little reminder as they're leaving the property just to keep this in mind and yield to an oncoming traffic as they go up and down this little road keeping everybody safe and feeling respected intrinsic comments there were no agency comments and  there were no disturbances reported ever to my police department this is information that you'll also find in the staff report that's where i got it there are no pit permitted bed and breakfasts within five hundred and the green squares are permitted bed and breakfasts this is about where come a home it is see there's greater road so there are more in cooler than the other two are lo and you can see these properties over here are the ones that i was referring to there on the other side of the coach and on who  road just a little bit about the applicant just has been living in cooler for ten years and he's a retired veterinarian he helps out regularly with the humane society and the feeling foundation of maui chamber orchestra maori pops he's also the vice president of the board for the maori classical music festival geoff is excited about combining his agricultural endeavor with the role of the m b a host and manager at present uses that bed and breakfast proposed bed and breakfast home to host visiting musicians and visiting  come in for these spain neuter campaigns that the humane society does on the island and he hosts his friends and family there it's occupied by these people of course there's no charge it's not a commercial venture which occupied by those people for between two and three months of the year with you know not not all in one solid block but a few weeks here and there for the times and stuff like that  breakfast he's really excited about promoting local cooler businesses and will be letting his guests know about these places that they can buy food to bring home and cook or eat out in restaurants these are all in the area and then there are also plenty of activities diversions that he's excited to share with his guests and again hoping to  increase their business as well and that's all thank you very much for your  attention you can open the floor up for public testimony if anyone wish to testify please come forward now please identify yourself you have three minutes and nothing personal if it's a long story i cannot compete with the power point i have to go through a golden retriever a naughty kitty that i adopted from the gulch and my this our neighborhood is part of our code for the army community and it's been in existence for more than a hundred years and tourists and visitors meandering and driving through that working community scare because it's a one lane road our street and people that are not familiar it's it causes hazards and you know my kids are riding their bikes out there and you know my kid he thinks he owns the road as well but we it's a constant issue with cars driving up and down that one lane road and not being familiar and rarely does anybody drive and point up or down that road  i don't understand the five hundred feet or emitter as far as letting our neighbors know about the situation because the properties are really big up there so as you can see some of them are cross the road and not everybody on our street got notices but i think you know everybody be notified in our neighborhood about you know his intentions i think the road is one of our biggest  concern are not familiar with that not suitable for an increase of traffic for sure that road and we've been trying to suck you but our property for over twenty years now and that's one of the main concerns that we have to face the board as well we have  farm tractors that come down that road the army but meant trucks and i don't feel comfortable with visitors and tourists that are not familiar you know i have my kids that right there b i think you know the water issue is a big thing for me to look we we have lived up there i'm here with my husband and my father in law who has this property has been in their family for over one hundred years and i have  original documents dating back to eighteen hundred how we acquired that property and we have been under water restrictions for as long as i've been up there which is almost thirty years and so the water issue is a problem for me as well i'm not sure if people are processing up on that road because of the water situation up they are and traffic is a big problem it's a really narrow road i don't know if any of you have been up that road it's a scary it is a hazard that's my main concern i'm just going to look up their names i can remember the top of my head i would have to count and i'm not certain that each property is a is a family but this is the subject property and it would go here i don't know just looking it looks i would say this isn't even the top of it was eyeballing it and that's just one thing all it doesn't have let me see it definitely would i myself have been up that road a few times to visit the property of someone who's not a resident and i would say it's a road that one would need to take care on i wouldn't classify it as scary but it is definitely a little winding country road thank you director and thank you commissioner les because i was able to obtain the answer to that question in the in the returning the recess and it is officially a two lane road and in that instance i mean you have to a traffic going along that road and on one side there's a cliff and barely enough shoulder space whereas on this road coming home i don't know exactly how wide it is but you do have some area on the other side just a little bit of shoulder area so i mean if you can i mean just the difference is there you would i think there is enough for two cars to pass i don't think it's it's a fast moving road i think you know you should be very careful when you're passing through there and maybe that's a question that you can ask my police that brings up a good point is there a minimum with because a couple of our roads are pretty narrow in certain points in and you consider as a two way off or older roads i mean i'm assuming this is an older road a lot of them were developed this way and they just become grandfathered in now in our current subdivision standards i mean you have new standards coming up it believes we have pavement with serve as for me you're looking at the prison or listening to the presentation it seems like this particular road is not really a well traveled road it's it's like a country road specially in a situation where you have a farmer who is using the using this road quite regularly i would think would become a safety hazard having this kind of operation in this area county commissioner because she's concerned about the road much my guess would be that it was an agricultural road in the past serving agricultural locks and when you're changing from an agricultural use to essentially a hotel use the question is you know do you upgrade the road to current standards twenty two foot wide people and etc in order to in order to accommodate the new you the question that intend to address the expanded use with water restrictions in place that's a good point i mean we don't have a thing on record that shows how wide their relatives s and there would be for say long term residential it's actually generally anticipated that there's less water usage are because it's not occupied at forty but the other time in the same way that it would be if it was  it just got a message from staff saying that it's approximately twenty feet wide and but it varies as you go up and down the road so at average twenty feet wide and so that  some of our roads are actually eleven feet wide and not eleven feet wide but the travel with for one lane is eleven so sometimes twenty two but as a whole and as an average it's twenty know the questions from the commission now i don't i'm not familiar with the road so i can't answer that maybe the applicant when there are two cars coming toward each other and and if it's at one of the narrower points then there's plenty of opportunity to pull over on the side there are no cliffs along the edge of this road toll ordered by properties right now or do you think it's really i'm not sure i mean are there questions regarding the road the legal questions that you have regarding the road i mean you have that you can get the data from public works as far as the width of the road  question it you wanted to ask me and we can go into executive session you need to ask the legal questions i actually do commissioners you know mo if you want to go to executive session and not a motion for executive session a two thirds vote and the sole purpose would have to be for getting legal advice from the from myself that's your assigned deputy cooperation council that's underwire i to authorize the director of planning to transmit said with indecision and order on the operation which is what a b and b is at some point where does that affect so robbing properties ability to continue to conduct agriculture adverse impact on traffic especially if the people drive ten miles an hour you director spent good morning charity inside members of the my planning commission i believe are going to lunch after this so i will reserve my presentation for that time the applicant also hold off until that time for now for the sake of time i believe some of the applicants some of the people that are going to testify on behalf of the project need to leave and so if we can let them come up to their testimony and then break for lunch and then start going to thank you and to be clear the remaining anyone else who wants to testify a public testimony will be kept open and continued after lunch effect right first testifier please come foundation is concerned they help very much with fundraising they've gone ahead and helped us with our outreach program for kids in high schools things so there's a lot of things they do i think for it to be good they also do things for other organizations well i have been fortunate enough to serve on a number of different boards on maui including the other picket for on the story schools as a president for private property and i think this is a real example of a very good thing as far as you know property rights are concerned that these folks want to upset some other costs their home to other people of acacia as you'll see i think the probably the prices at which they're charging that they're not going to get any kind of rabble and they're not going to find anybody that i can think that would be objectionable  where i live and the abstains have been super people friends customers and big supporters of everything in the community i've been involved in new races tennis tournaments golf tournaments soccer anytime do anything there the first people i call they're always there to help anything to do the community but even more important and that is what they do to people and the effect they have on people that's the kind of people they are where they're you know they don't hang out with all the big owners of hotels it's th people like me and other wait staff and this and that that they actually affect their lives and that's one of the things and one of the reasons i like to really support what they're trying to do here i think and their home is meticulous i'm a former  chairman of the y restaurant association i was on the original board of directors of the white food bank they supply thousands of pounds of produce from their meticulously maintained garden in their home right now as we speak  would be a benefit to all and being a neighbor of a bed and breakfast myself in maui and now we met out i had the same kind of feeling of people coming in all the time and i'm embarrassed to say that the only call that's been made about that ben back to us was someone calling because i had a little party myself and frank sinatra was playing a little too loud at about nine thirty on a saturday night and that's embarrassing when bed and breakfast complain about anyway other than that please grant them what they're asking like to thank you guys for the opportunity for us to have to leave to have the opportunity to address you so thank you i'm gonna make my very short and sweet i'm one person one perspective one opinion about terry and kay and from your perspective i can't think of a better prototype for operators and owners of a short term rental property like this i can second what jim and a said their home is their home and they would not do anything that would jeopardize that that jeopardize their standing in the community with their neighbors and i think that we pride nonprofit group they were attending with mutual friends and we instantly became really good friends they're warm and loving people the abstains have been solid supporters and large monetary contributors of various island causes to give back a lot to our community of their time and their financial support among the finest individuals i know on maui but more importantly across the globe they're fine upstanding people if you need something all you have to do is ask and it happens they have high standards and they expect anyone that they work with to meet or exceed those standards through the epstein family foundation terry and kay have been find significant financial supporters for both the men we provide and the mentally aids foundation organizations both nonprofit groups that i help as a volunteer i assist with these organizations and fund raising efforts in coordination with their respective staffs tarrying case financial support in both these organizations has allowed both groups to expand our reach across the aisle and remember we provide a lot to do with their financial support in the last two years we've given away over thirty thousand dollars in scholarship money to keiki on this island to help them go to school for the aids foundation as jim mentioned earlier they help us financially to do more outreach for each of the testing for hep c and for just doing outreach into our schools more to the point as a general manager of a boutique hotel my hotel is twenty five rooms i recognize the diversity of many visitors and that there are different accommodation experiences by those different many visitors the epstein's beautiful home is a perfect place for visitors seeking privacy security peace and quiet interestingly those are many of the same requirements that my own guest forced on me many of our valued tourists on now we are looking for that unique experience that you can't get in the big box resort or hotel a private home just like the small boutique hotel that i run offers of that unique and demanded experience echoing what other people have said i believe terry and kay epstein would be fine operators of a short term real program and i highly encourage you to grant them the necessary approvals last and certainly not least thank you for what you did for maui and helping us make this a better place to live a hope thank you or question them as they're much more than the friendship but more like the family i left behind on the wall i would like to point out some key elements of their involvement within our community which includes also my family doing the first few years of building their home it seems generous generously donated their food to our organization the nonprofit run a killer club folks these are folks with severe mental health diagnoses and those are the people that i s bad things that donated and gifted my daughter's elementary school with air conditioning units which they needed back then and was acknowledged with that special gift to the school and was shown appreciation by elementary with the tab seems i participated in my wedding as far as jerry being the groomsmen my husband k b invites me to myself i have seen that also supported canines for independence and then sponsored a beautiful retriever dog residents here i think that was a question or is the question in truth back since one thousand nine hundred nine to current there seems have always been looking to getting back to our community and we want to support folks like thank you thank you chair for the opportunity to have these folks testify currently and we'll start our presentation after lunch just to know if there's any further public testimony if you want and then you can take it now if you want but if you want to recess and then continue with public test that's another option of the commission i think we're going to recess for lunch right now we come back one fifteen and we're going to continue with other testimony at that time thank you anyone wish to testify regarding the one please come forward during the design group you committee was going through their new house with them in the f c s attitude was always so amazing to me they were going what do we need to do but what you want from us what will put us in compliance what will what are your rules but we want to work with walked the fields with it these are just those types of people i've even heard more stories of generosity and just things they've done for the community i didn't even know about today and i let myself their best friend they know that i see it called the most every day i see them weekly they're just that need is most wonderful people and i've watched them go through so much to get this permit and i just find it really sad that there's four letters that i don't know if they have a basis  or i don't know if there's any condemnation to their letters and their complaints against steve because i think they're unfounded i've never left the house before after nine thirty p m i've had dinners and movies with them they're just amazing people and i think there  poster children and their c r permit the way will be run the way they bring their lives are ready there are like i said they should be the poster child for how an s c r should be run and i really wish you guys would really consider giving them their permits i mean even if you're scared to do it do it for you here give it to him for a year in if you don't like it then reevaluated but i'm pleading with you guys just a nice person larry this because these people are wonderful great story community i really wish they would have their permit because they're here applying with a lot of people are a lot of people are still flying under the radar and that's not cool so please consider giving them your as i really free time today i'm really nervous anyway so i'm the owner of a computer repair company and computer installation company and and i've known that steams for quite some time now and  testimony saying that i was hired to go over and rush holds like levels on all the speakers around the property and so that basically no one is able to increase the volume up above a level that in disturb anyone else outside of their property and and so when i when i went ahead and did it all this we tested it and i walked to the very edge where their property were you know they have other plans and on their side of the plant i had a real hard time hearing anything so stunning to see that and also we have a system in place where you can there are speakers around anyone else ok i have a sign up sheet here and i have one individual to sign up this morning already rally ok so i guess we proceed with the presentation thank you chairman say good afternoon members of the my planning commission very briefly so want to go over the reason why we're here obviously the item before us for this special use permit and a short term  the permit for the show short term rental with a six bedroom dwelling in here the project does have some history before this commission as you folks know this application was originally scheduled before this commission on october eighth twenty thirteen at that meeting the commission deferred the i don't subject to more information from the applicant the applicant provided that and the commission  reconvened on nov twelfth twenty thirteen heard the item at that meeting commission voted to unite the application by a vote of sixty two  subsequently the applicant appealed the decision the second circuit court and from what i understand the court now and the this item back to this commission which is why we're here today and the reason they're remanded  is because there was no evidence that the every commission member who voted on it received and reviewed the full record so three commissioners that voted on november twelfth were not at the october  and so that's why i was remanded therefore in order to avoid that situation again the department provided this commission with the complete record of the applications we sent you to memos they're both dated october fourteenth twenty fifteen the first memo included all the documents pertaining to the original application so there is a department report and recommendation of various letters of testimony the minutes accent or we also provided with you yesterday and by hard copy today minutes of the july twenty second twenty fourteen meeting where the commission took up the decision in order the second memo included some new information letters of support and agricultural source receipts provided by the applicant and we also provided some new letters of testimony that came in the last the last few days so i think it's important that the commission verify that you received this information and that you did review it if not i believe the procedure would be to hold a recess and give us the opportunity to provide anything that you may not have received and give you time to review it but everything listed in those memos we did provide to you so unless there are any questions i'm going to hand this over to the the applicants representative tom curley for presentation this yes you need to review the entire record before deliberating or taking a vote so who want to take a recess and have that read that's going to be required otherwise we cannot take action on this item today or you could recuse yourself from voting and not count as a vote in this case count but in you would not vote those are those your options but you have not reviewed the entire record at this point my recommendation would be before the presentation starts that you complete your review well i would recommend you do it before the actual before the actual presentation begins so you're familiar with the whole record that's why it was provided to you in advance robinson yes commissioner robinson inform me that it isn't think is adequate time at this time to complete reading the record so we're going to do is proceed with the hearing commissioner robinson will not be voting on this item so there will be six members taking a vote on the participating in and let him you know present that and then we'll we'll come in and she go in just a moment she was going to show that e o that he in my capacity with a cop i do a lot of side work a lot of event videography and photography real estate video and tom contacted me to do  was here in the in the commission when they were first applying so i tried to remain as neutral as possible and did tell them as well as tom cawley here that i would videotape what they wanted me to videotape which is a demonstration of the audio in the property but that i would not do anything or nor would i have misrepresented anything and they said they absolutely want just what was on the video so that is what you're seeing i did added it as far as adding some lower thirds some description to it and that was basically had i didn't do any manipulation to it it's an hour and a half long that's very very short and here we go and that's it short and to the point now i just wanted to point out that while i have no vested interest in the outcome of this honestly i found it when i was there that if there were allegations of there being music carrying over the boundary and really loud it just wasn't there i mean i had my record volume set on fifty percent which usually comes out to about zero minus six to minus twelve which is broadcast level for for for replay i had my meter set on zero b which is just the baseline for the audio and i really really want to emphasize that that while you could hear the music in the distance the sound of the waterfall in the wind was far more more evident so that's an actual depiction of what i did i know it was a little shaky in and i have done better films but i do want you to know that that's an honest representation of it i find in a conversation with the epstein's that they were very concerned about about disturbing the neighbors and so they had agreed to lower lower their threshold for the get the maximum volume which is what it was played out right there thank you very much we have a question of mine commissioner hudson i left the covering of that house and started to go into the yard in the first part of the video they had deactivated the speakers in that part of the house because that was closest to the fan so they have turned those completely off but th two feet is not that far i don't know how far more it is the actual residence what i'm trying to get at is in layman's terms if i'm sitting in or on a porch by the neighbor's yard what decibel level is that what would my best analogy like a sneeze is probably about what would that do and commissioner if i could just say that to maybe help clarify that my view meters on my camera were were barely moving at the fenceline and it was whether it was the wind or and there was there was wind in my microphone i had a wind sock on my microphone at first and then i took it off to record this audio so i think it was as much wind as anything else i couldn't really say if it was music or what it was but my b meters were barely even registering at the fenceline you know and again i was taken  maximum level and that's not true that just meant was done after the adjustment was made and and from what i understand aghast can can press the volume button and it will say ma but it set down to do that that level so that they they just can't get any higher than that thank you thank you acre lots and it's included in the rural road boundaries so while it is agricultural in nature in the county general plan it has been included in the roles in this subdivision of nine homes  there are three homes that are utilized as the full time residents of their owners that is the applicants and to others six of the homes in this neighborhood first as as you would call it are big cation homes they are owned by people who not live on maui and only use them occasionally when they come to visit maui so three of the homes are full time residents including the up in six or our second residences all of the owners of the  approved as as a use i do want to bring up some points from the last hearings that just need to be crystal clear because i think they they they clouded the matter to some extent the states is not part of mowing meadows it never has been part of mowing that of the road serving time on who estates are mowing county public roads and not any way shape or form part of mowing that was you may use those was part of mowing meadows was used as the access to high mountain states there was a lawsuit that involved that lots being used in that manner and it went all the way to the  court and the supreme court did affirm that this use of this law as a connector if you will to to to grant access to this private subdivision was illegal use it's also not a unique use there's another law that is adjacent to mountain meadows where the mowing meadows lot acts as access to that adjacent lot that again used to be part of the public school ranch as far as the short term rentals in the area there are no other permitted short term rentals within five hundred feet of this property the nearest one is about a half a mile away there are five short term rentals in the adjacent mowing meadows neighborhood one that existed for approximately fifteen years and was granted a conditional permit to operate in two thousand and seven years ago three whose permits were granted administratively shortly after the the short term rental law came into existence that were previously operating and one that came before this commission specifically and it was before this commission for the same reason that we are today because two or more of the immediate neighbors filed objections to this that that particular permit and that permit was granted by this commission what i want to the point i want to make here is none of the neighbors have complained at all since that permit was granted that guy has really been a model of short term rental owner and i think a permit is one of the things that makes a good operator the short term rental ordinance as you probably aware was established in may of two thousand and twelve and the applicants immediately contacted me about making application to to get a permit and they immediately cease taking any reservations and they've never taken reservations since that time and no one has stayed in their in their place since this body acted to to deny the permit the applicants are trying to do everything exactly by the letter of the law one hundred forty five short term rental home permits have been issued in maui county over the past three years one hundred thirty nine of them were issued administratively and i want to point out that most of those that were issued administrative leave were people who previously were operating when we created this law there was understanding that people are out there and they're making this use out there so we're going to have to accept that that's the case one of the requirements when we first did this fall was that people submit a tax clearance from the state showing that they have been paying their  t n t eighty taxes and the that they're all up to date with that which the applicants complied with that has since changed we don't have that as part of that but that was a spec then six short term rental home permits have been approved by the maui planning commission and in testimony here for had to establish that they were previously operating you might say well that we've had a lot more than six of these before us and that's because thirty five of the permits required the state special use permit which is a separate permit as as you're aware so the short term rental home permit gets granted administratively unless there are a certain threshold of objection from the neighbors or if they're within five hundred feet of another one but if you're in the agricultural district you still have to get that state supposed to use permits which we do have here and most of the applications that have some before you have been for the state specially was purpose of those hundred  forty five permits that have been issued over the past three years there's been few if any complaints made about the impacts from the short term rentals and i do want to point out that the median assessed value of the short term rentals that have been granted permits to this point is one point five nine two million dollars i know the commission issued a letter and they were concerned about this use taking away resident housing and i share your concern but i do want to point out this home would never be part of that resident you know housing this is a very high end luxury home and it's really not going to be part of the group that we want to try to protect here the proposed use the carry a epstein have is that they will continue to make this the full time home but at certain occasions we'll move out of the home and then we'll have the home rented short term in most cases those rentals will be a week or two weeks they might be a month but you know it depends on on on what the person has they're not going to be overnighting they're not going to be one person in there one night and changing over the next they'll move out of the home they'll be an extended stay for someone and then move back into the home after the and today when they move out of the home vacation rental management company on maui and it's a company that's been recognized nationally and internationally as being an exceptional company in that way so i  born and raised local girl i'm from all but i live here now for the past twenty years and i just want to go on record to say that i too do not support pay parking at the shops that w there happy hour can take longer than three hours and the only valid is pertwee hours anyway we are honored to be the only rental company who will manage  involved it's best to stay small and to really pay attention to the detail our homes and villages including resort killers permitted homes and hotels own home are board approved for some really prestigious resorts while a beach below is where we have twenty two bill is currently cond nast has just voted while the beach bill is as the third destination in the country very proud of  that we have something to do with that we're just recently approved and which was a very very tough thing to do parent company high it does not really want to bring out outside companies they would rather handle things in house so we're awfully proud of that montage or a couple little bay we've been there for just shy of ten years very happy the montage has now taken over that property and have partnered with us and mckenna beach or mcallister excuse me where we have to probably employ thirty four time employees as well as work with a plethora of different vendors on the island and we're a key hey based company unlike some of the larger providers out there who are actually based on the mainland and have small come of small contingency here on the island all of our employees are here we are in good standing with the state of hawaii out of all of the properties that we have we actually property manage about seventy five percent of them which means that we are in charge of paying their taxes and no one has ever been outstanding in their occasions yes maybe four seasons managers we have been recognized very experience i'd like to get to the nuts and bolts of actually renting this property first of all our average renter is over forty years old primarily they're seeking a high end home like shambala but they're actually looking for more privacy and space and they are professionals what i will say is who we are not going to be renting to is probably the most important thing the first thing is we are not going to rent to anyone who is going to bring any kind of outside press or attention to the visit here aka paparazzi first and foremost that's not what we're that's not the presence that we want to bring to the neighborhood and so we simply won't be considered secondly we question people who are here to join a larger group be it a corporate event be it a wedding be a reunion anything of that type because as you were aware one of the ordinance is that there are no parties where anyone other than who is registered can attend and as you can see shambo is magical so no matter if they say that they're not going to have a party the reality of the situation is they will we know that we understand that and so we have that in place a little bit about how we plan on marketing this probably first of all it is not going to be offered publicly meaning it's not going to be on our web site nor will it be her victory displayed on any of our be able to even enquire what we plan on doing is looking through our guest database which is extensive to see what guests are there that would be a good fit but have proven in staying in our properties previously that they will follow protocol we do not accept all inquiries to be honest with you we're goin to decline more than we are going to accept to be honest with you terry we're going to decline more than we're going to accept but this is important to maintain the integrity of the neighborhood we will request references occupancy will be strictly enforced and as i said before it's about will only be offered to vetted gath so if for anybody even gets here these are the loops that they have to jump within to be able to be considered if they do meet their requirements there is a seven page harn track there needs to be signed all occupants have to be registered and on contract they are the only ones who are allowed on property and the gas deposits are excuse me the security deposit is huge this is a big house this is an expensive house this is a house where the minimum occupancy the minimum required days of reservation is seven days so it is really a special client that will be able to actually enjoy it yes are also required to sign their house rules in five different locations not only are they events gatherings are going to be very strictly monitored one of the things where you offer rental as well as concierge service is that there is someone we do have a concierge that handles all of that quote unquote party planning and we've all been on this island for a very very long time so trust me when i say if there is going to be someone who is an authorized i will be coming up to the property someone in my company will hear or know that our house manager is was a personal concierge is a citizen volved on a daily basis and that's really just with the needs of the client the activity need of the client and other layer that we provide to make sure that they are complying with the house rules comes in the form of daily housekeeping housekeeping is required aka you cannot refuse it and the reason why we do that is we want to be able to get into the home on a daily basis to make sure that the use is appropriate one of the things that we look for is an unauthorized sleeping area a pillow and a blanket on the floor in the walk in closet tells us that there is an unauthorized guest in the home and that is handled appropriately we are obviously going to post our contact information for all of the neighbors but we're going to make sure that we personally deliver to them all the contact information that they need to put their minds at ease it's one thing to offer a contact it's also another thing to actually answer the phone when it rings and i can tell you personally you were looking at the woman who answered the phone twenty four seventh's for this particular  property so that's really all that i have to say other than i know that there have been a lot of permits that have been granted since we stood in front of you are certainly surprised in front of us and i would venture to think that you would  look very long and hard amongst a group to find people who are more invested more conscientious more thoughtful and more professional than agricultural uses are in place this property was raw restful ranch land prior to it turning into the subdivision and the picture down at the bottom shows kind of what it looked like prior to  and so forth they were already done at the supreme court had ruled when the epstein's bought their property they got an approved farm plan in place in two thousand and three and they spent two more years designing the house two and a half years building the house and have spent seven years implementing that farm plan to date at this point the agricultural uses include seventy preparing trees producing more than three thousand pounds of fruit annually some of the farm plants that you've looked at have been theoretical in nature and people talk about how much fruit they may make in the future this is one that's doing it today and as you've already heard from some of the testifiers they've been donating that route to many worthy cause and they've also made donations of their grass stolen to the while a golf course and to the county now we are receiving their parts and it's very high quality grass that that they that they are able to to use for these stollings and it's not just like a you mode your lawn and somebody else can can plant this this is this is primo stuff that people would pay big dollars for their agricultural sales this year and they only started the agricultural sales when it became apparent that they needed to have sales in order to to show that this farming was a commercial endeavor as opposed to just donating through their agricultural sales to date as as of the september was two thousand four hundred thirty four dollars and those you they do have a fully implemented farm plan and they are currently propagating new varieties of ginger in their nursery i want to introduce mason smith who manages the farm activities just to give you a little more of an oversight as to the agricultural activities taking place hello my name is mason smith thank you for having us i've worked for the epstein's for about four years now maintaining all the trees all the fruit pineapple beds and then along with all the ornament al aspects of the landscape to as tom pointed out we have over seventy fruit trees we have probably about six hundred square feet of pineapple beds avocado trees several different types of citrus mangoes numerous stands of banana trees as tom also pointed out today this year we're at about three thousand pounds of fruit sold will probably be around thirty five hundred pounds maybe a little bit over there by the end of the calendar year and next year we expect to improve those numbers produce more fruit house employees myself and four or five other part time workers we really like working there and in addition to all the fruit that we grow and sell we have numerous ginger's and heliconius for cut flowers we're propagating our gingers right now i around trying to sell any cut flowers we're propagating the plant that's from the gingers we've created a nursery space there were this year they were around maybe two hundred gingers that we have growing at the last stock that we grew a lot of and we planted  around the house to increase our numbers so we had more to propagate we did sell stones this year we created about four hundred bushels of stolen so we can do that in twice a year if we needed to we're expanding the nursery area on the property we have an area that we've built down in the front where we're growing gingers and we have another area in the back where we started rooting tea plants just for more things to add around the property and then to sell when we don't have room to plant them anyway the other thing i want to mention actually about the sound in the speaker is along the mckenna wall this year we added about twenty mature palm trees in amongst the really mature palms that exist along that wall and then in between all those poems we've added fifty five maybe six the clumps of heliconia so it's go the dense now in another six months year it's going to be really dense where you you know there'll be no visual sight line through there and the denser gets you know really doing that to cut down on the sound sound th can travel back and forth between it would you have any questions about the eggplant a farm plan the well the mature trees that are there now from the original planting are thirty to forty feet tall mature trees that we added this year are in the range of ten to twelve feet heliconia is that we added in there some that we planted at the end of last year are now around twelve to fourteen feet tall and then in the last i would say three months and we added another i think i'll say easily say fifty all the same varieties so they'll all taken their concerns very seriously and they have gone out of their way to ensure that the neighbors could never and i want to stress never be affected in any way by their use of this property as a short term rental specific to the sound system they turned off all the speakers on the maoi meadows side so any of the speakers that existed on the house that that are on the mount metal side are disabled they they cannot be turned on at all they also reconfigured and replaced all of the pool speakers since the last hearing here and at the top picture here that's one of the pool speakers that we see it's approximately this big and it points directly into the hole so when the speakers on and you're not in the pool pretty much can't hear it but if you're sitting in front of it in the pool you can hear it there are highly directional speakers that behind them they don't much sound at all in front they do so as you see is that that picture which looks like a small spot like that picture is pointing into the pool those are the eight pool speakers that were in question at at the last hearing and that they also programmed the outdoor barbecue lighting to automatically turn off at nine o'clock so we heard the guests to come inside this is out of the guest control at nine o'clock the lighting comes down and there you  go the audio that's out there it's locked out it turns off automatically this is a smart home where everything is controlled electronically and they have full control over what's going on with the lighting with gaudio and they even have remote control for it meaning if you were to call me right now and say this i can hear the speaker in the yard i can tap on an i pad and turn it off immediately just just like that so they they don't even have to be on premises to be able to control the lighting and speakers and so forth they also have even gone inside the house and made changes and that is theirs as typical for a home of of this theater or they didn't want there to be a possibility that someone would be watching a movie late at night and we know that the soundtracks on those movies can be loud so the home theater is locked out after nine o'clock at night unless the sliding glass the sliding glass doors are closed then they can operate inside it or if they're open of something displays on the screen saying please close the doors you know in order to proceed with movie this is the point in the presentation where people made his you know his thing and if you if any of the commissioners would tear i can play that again purpose of that was to try to bring into this room here's what it sounds like at the border of the property when the stereo is as loud as it possibly can be with the guest pushing it to a maximum level if you listen to that you notice that the order of the property the most prevalent sound that r hudson at the border of the property the sound level is no greater than fifty five decibels on the other side of that fence the houses about twenty five or thirty feet further back that's getting close to the sound level of the library ok so that's the spillover of sound from where it's being generated to the neighbors is nonexistent and that's what we're trying to show you with this audio would be better if you'll came there came there he witnessed it she will witness that and if again if if you have interest in hearing that again i can play it you heard at the beginning it sounded quite loud because we were in the area where the speakers are first before they ever made application they sent letters out to all their or surrounding neighbors those that were in the five hundred foot building the folks milling meadows saying we're intending to make this application for a short term rental home we would like to address any concerns that you might have we invite you to call us and gave them their telephone number we invite you to come over here and see what we plan to do that was before make a should and after they made up location notice was sent to everyone within five hundred feet and sometime later some letters of concern him out at that point the applicants tried to contact those neighbors directly and they also had the folks from tropical v acations try to contact those folks directly and offer their you know assurance that they would not have have any issues we then had the hearing expressed there were there were concerns expressed about the sound system and so forth  made changes to the sound system and then since then after making the changes they held an open house and invited all of the people within five hundred feet to come to their home and you know witness it firsthand they had the folks from tropical  vacation on hand to answer any questions about that they had the volume set so that people could see this is the maximum volume that a guest could ever turn the sound system up to we had about twenty people at this at this open house unfortunately the the folks who who showed up position did not choose to come but we did have about twenty folks at this at this open house and everyone was in agreement that there's there's i do want to point out that the short term rental home permit subjects the property when it's used for short term rentals to regulations and limits on noise that are stricter than anyone else would be subject to there is the requirement quite hours from nine to eight by means quiet means no sound going over it also says that no time during the day not even from eight o'clock in the morning till nine o'clock at night made the sound of amplified sound be heard beyond the property boundaries in this they assured and also that they would subject the subject to no parties or group gatherings and of course as you've already heard that's not the intent of this rental for it to ever be used for any kind of party tropical vacations has a staff of people that are there to to address neighbors concerns instantly they're very local all the neighbors will have the twenty four hour telephone number in and be able to call them if there's ever a concern but i think because he didn't say which he told me many times he just don't get these calls they just it doesn't happen the work that they do up front vetting their guests results in the guest not causing problems the making sure the guests sign the documents that say you can't make noise you know between these hours and you can't do this and that you can have a party it ensures that that is not going to be an issue you heard from a number of people today who quite frankly they're friends of the epstein's and they wanted to express the generosity of the epstein's and love that you have scenes of shown you also got letters in your packet from all of these folks the ones on the left hand side of maui meadows all in support of this application and the ones on the right hand side in not necessarily in mowing meadows some in time on who states and some that you have things no from different ways there were property and then you have to come onto a state side of property and that property changed ownership fairly recently and the new owner reviewed the terms of this permit and wrote a letter to full support of the epstein's having this you so you have that side of the property with us or you have the one side of the property that goes out to open ranch plan and side but again i don't think the case could be made any stronger that these are conscientious people that do all of the right thing they  try to follow every rule that's put before them and they they abide by that the regulatory issues i've helped a lot of people put together permit applications it's sad that oftentimes when i do that for people i have to say sorry that cottage that you have has not been properly permitted we can't get you a permit for that party and they have to jump through hoops to back permit things or sometimes they can't get through the permitting process i have never seen a permanent an application they do have the implemented farm plan that's a requirement and there really has been no evidence brought forward that the the use that they have proposed here would have any impact upon the neighbors particularly the mountain meadows neighbors that who did express some concerns that you don't even drive past their houses on the way to this house so finally we do ask the very forthright way thank you thank you tom so now we open the floor for questions from the commission so how much a percentage of the year i really going to make this place available you because it is a very expensive home because there is a seven day minimum because it isn't on the ocean this is actually going to be a very hard sell that of course because it's not going to be offered in the public domain if we are able to achieve the twenty one day is a rental revenue for three hundred sixty five day calendar year we would have exceeded our budget ok let me clarify so our business is seasonal just like the hotels are seasonal and your high seasons are from christmas specifically december twenty second and til january third then there is spring break which depending you know there's so many different school schedules at this time but it's somewhere around march until easter then you've got your summer season which typically is june to the end of august so those are your busy seasons or your high rate season and of course thanksgiving just for that one week coming up on the last last week of november those times we would certainly love to achieve something between ten to twelve thousand dollar per night rate with a ten thousand dollars security deposit shoulder seasons we typically would drop from between twenty to twenty five which answer your question and i will also say because it's so expensive because that there is any infraction while they are in the house they lose any rent there is left on that rental and they also will also potentially use lose their security deposit and that is written in the contract just as an extra feel safe to make sure that everybody behaves it's how you define controlling series that is one of the ways that is the legal way to control it but also as i explained before being there for the greeting being there on a daily basis to ensure that we know how are my only concern is that when it comes to outdoor sound becomes a critical issue and i think at this point although you did try to minimize the amount of sound would it be that difficult for you to eliminate outdoor speakers within your property and yet at the same time comply with a lot of stuff because that it comes a major issue with with neighbors is that whenever you put any kind of sound system outside of your home it becomes a concern no matter how much of  the problem we have with a limited aging outdoor music we're renting our home to people that are coming there to make it have a vacation they could just as easily provide boom boxes and things and  then we have no control they're paying us a lot of money per day so we have to provide them an experience where they're going to be able to use the home and they're being vetted they're not the kind of people that are going to come there and play loud music could have parties and things like that that has been explained but you really can't wrench your house and not provide some kind of music outside if you're swimming kayode steen well what we did was we went back in and we make sure that once you reach our grass nothing you're really hearing is natural sounds not the music even to the closest neighbor when when she was standing next to the wall you heard the bird that wasn't put in there that was natural sounds you heard the waterfall that's all you're going to hear we made it so that it's basically when you're sitting by our pool i know it sounded loud on the video when they were right next to the speakers so we have so many hard surfaces there it's not really loud i wish we'd had somebody talk because at the same time it's about the same as quiet elevator music i want to ask time to do one thing and then i'll show you something ok we're looking at the house and here's the cabana and back here where you see these sliders that's our lanai in the pools are all down in this area in front of the  after he turned on the sound in the pool in their unit directional speakers and there are eight of them and they all point into the pool from around the perimeter of the pool he started to walk back through here and there's an opening between the lower part of the house here we have a gym area right here that's under the the master bedroom and there's an opening over here and that's where he walked through to get to the role and from here over to the  actually about sixty feet to get to a wall and there's about fifteen foot of vegetation to twenty foot of education which mason explained to you how dense it is there's absolutely no way because of the house the windows the glass other than through that area and that's why you hardly heard any noise there and then down here at the front of the property you basically heard nothing but the wind and the birds same thing on the back side there's literally between here there's our house and there's another two hundred foot of property to the back neighbor so the only neighbor that could possibly hear any noise when our speakers are on would be the neighbor directly through here and that's where he walked and that's why now you can't hear it all of the sound is turned off on the south border of our property from all the speakers  can't run it all and then we have a guest program when we rent our home that shuts off at the times that tom mentioned it and it has a maximum it turns on at the maximum volume and if they sit there and they keep hitting it to turn it up it doesn't go up it stays at that level the whole time they are renting her property so your answer to my question is no you will not consider eliminating the outdoor speaker week year after we won't be able to rent our property nobody is going to rent our property not be able to listen to music outside while they're enjoying them our year the maui sunshine and sitting at our swimming transponders between i guess you guys well mr kendrick was one of the last letters that came the first time we did we've never met him we didn't know him and we had been supporters of the my aids foundation had the last big fundraiser we were at we realized that the stud kendrick was on the board i said something to steve higher after the event was over you know that it disturbed us that this person who he wrote and a mean lived about us saying the very first time protesting us getting a permit but he refused any phone calls from us he would not return our phone calls he would not return phone calls to tropical villa and i felt it was cowardly that he would come out and basically lie i believe i can it's just a guess that he did it for his neighbor tony and to help support her so i spoke with steve hire who is the head of mali aids and he said you know hey don't worry about it this he's on the board temporarily because there's an election in may and it's british certain that he's not going to be on the board any more he said but would you please put it in writing and i did and i sent him the thing since then mr kendr approached a friend of ours and basically tried to extort our vote for him for the molly aids foundation in return for his vote for us for the short term learned from it and i told our friend and he never did and then he decided he well he got voted off of the board now we aids and it's a vindictive letter that he wrote we've never met him and he did the same thing the first time he refused he still didn't show up he won't face us he won't talk to us he won't explain his actions to us i don't understand the man i feel sorry for him the person whom he contacted to try and extra what would you like to know i would like to hear from your friend who was present jim wagner spoke earlier what happened is things got a little convoluted there first of all there was a movement by some people not on under so there was a possibility that he would not be reelected anyway that's what happened he was not voted off the heat what he did was he actually resigned after the board vote where they voted i can tell use their view to do so but individuals like how you contribute to an organization because you're saying here you would not support them and he seems like from all the other testimonies this morning you're you guys are true supporter of it wasn't how he felt about us it was the fact that he wouldn't speak with us i think everyone has a right to an opinion but you don't go in attack people from the bushes and not be willing to stand and at least say this was my opinion i may not agree with you that's fine i don't have to agree with everyone but at least give me a chance to hear why or why we weren't going to work while we were upset that he was on the board and that they had elected him to the board without he felt his character was less than somebody that should have been on the board we don't have that impact on the maoi aids foundation or anyone else on who they elect it was just our personal opinion we have a small foundation that we have stablished when we sold our one my house and so this company for charitable donations if it didn't go to that organization it would have gone to someone else but would you support someone who was attacking you and refused to talk to you it's a good party yes well i have a final question for you guys so you can you know i always say you guys are full time residents yes so i'm trying to harass so we have a second home that's literally two miles away we leave we have a dog that has to we we wouldn't grant our home if we weren't here on a hook on island because we have a dog that is very media owners needs us around we have a second home we take her with us we go to this other home can we allow our home to be rented when ok so we bought a small  stage when it was first built so that we would have a place to live during our construction at the end of our construction the molly market went way down we were so upside down in this house we said we need to keep it and then later we thought we need to possibly rental house so we could use that house now that house has come back and we could sell it for what we paid for it at this point but it doesn't cost us very much and if we're able to rent our home we have a place to move to that we've lived in that's comfortable our dog is ten years old and it took her seventeen hours to go out make on that strange grass we can just leave her at a kennel she isn't an old girl in our neighbor has you have you communicated with those neighbors we have tried they refused to communicate with us we invited them all personally to our open house so basically you haven't communicated no we don't we don't pass their homes when we leave our home we don't really have an occasion to see them but we did reach out to them and try to try to get them to comment so they could see that there would be no harm to them in any way regime cost danny i don't know if you can verify but when the department did send certified mail of the notice of this hearing two of the neighbors within five hundred  feet the same ones that were contacted letting them know that there'd be another hearing today that was because of kind of our procedural history of this case but they did receive a notice that the meeting would be happening today by certified mail  existing recommendation has a parisian date of october thirty first twenty sixteen we want to change that to october thirty first twenty eighteen and the second recommendation is for the short term rental permit we recommend approval on that and also the fee is for after over thirty first twenty fourteen if we can change that to twenty six being thank you therefore you're correct subject to the same conditions and the recommendation as part of your packet the state special use permit has six conditions and the short term rental permit has twenty three conditions it just one more clarification so the changes and they are changing the department original recommendation for the duration of its permit simply because the time has transpired since the recommendation was first presented three years for the state action so this is centrally a new vote i mean if you're going to take a vote this is a second hearing the court remitted to you since that remain and well the commission did have a couple of meetings to discuss procedurally how to go forward  e commission has not taken a vote on the merits of this case since it has been remanded so right now you would be voting you know you would be voting based on this record before you as well as the previous record which is why we discuss in the beginning to make sure that everyone has read the whole record but essentially you're going to take a vote because there are new commissioners and because time has passed based on the full record in front of you whether to approve or deny the staffer said it's the same recommendation so it's it sensually same application source any additional information that you've received since the original and again i would want to confirm with everybody who is here today that you have had the opportunity to review all of the all of the record in this case of any of you other than not mr robinson who will not be voting have not had the opportunity to read everything please make the commission aware of that before taking a vote but everything would have been provided to you including the minutes of the previous meetings as well as anything that has happened since the remand but the commission has not taken a vote since the decision from the court to remand this back to the commission has tak place so sensually this is your decision now to approve or deny based on the full record in front of you and so there's a motion on the floor to approve as recommended by the staff and that includes all the conditions and is based on all of the previous record including the meeting today the testimony today and the president in the presentation by the applicants today commissioner gushy i'd like to amend the motion to opportunity to really evaluate this particular application and the reason for that is that i'm still concerned about the sound system within the within the premise that they are saying that without the sound system outside of the promise there will not be able to rent this facility and i i have a concern about that's my motion  amendment you can take you can undertake that amendment notified automatically the owner does not get notified on the matter so we would handle that completely accordingly if you were saying that you wanted to let them in because they're here on the island that's not a problem it's never been a problem honor that the property manager shall immediately notify the applicant of any complaints received relating to the lawyer each operation or no the property manager shall notify the owner in mediately of any complaints relating to the permit or just to be asked here each permit to go permit that the property manager shall immediately notify the owner of any complaints received about yesteryear each operation emotion that's on the floor right now correct long way to to to make this a workable in that in that area it's not going to be increased traffic is that people are going to come in they're told you got to be quiet you music's got that adjusted good they tried to contact these people no response from these people are these people were sent letters about the hearing today they didn't show up  five different people testified against this particular case the applicant secured a very good attorney and the system to the point where the people that were complaining essentially have been exhausted how many meetings do you have to go through how many years you have to testify how many times you have to come before the commission to tell them that this is not a happy situation it goes through my wee meadows it's tied to maui meadows three a lot twenty nine and regardless of what they say loch twenty nine was a part of the roadway access lot for their maui meadows concerned about short term ronald's as well as the n p says that they went to the county council and gotten approval from the county council to restrict short term r in their subjugation and five short term rentals that cap has already been in five short term rentals have already been approved administratively or by this commission the maximum from my perspective the residents have spoken clearly about what they prefer for their residential neighborhood the applicant has said that they have no effect on the residents of maori m party so that's what i heard when i paying ten thousand dollars a night or twelve thousand dollars a night managing agent is not going to tell me i can't have a party for at ten thousand dollars and i keep my security deposit i don't care i'm going to have to art from the from the standpoint of commission gosh i was about one hundred percent in support of the abstains application from the standpoint that they had a lot of support of people about the kinds of things that they were doing but i have a major concern about one item such as a sound system would affect the income on being able to rent such a beautiful place is a major concern for me and therefore i'm voting against this particular good morning members of the commission chair i'm sorry good afternoon i want to be forced to call the applicant's consultant i'd want to give you a little bit of background information as to the granted by the my planning commission back in february of one nine hundred ninety since then the project has received time extension and the current permit is valid until june thirtieth twenty sixteen the most recent action by this commission was in august august thirteenth two thousand and thirteen the commission approved an amendment to the special use permit for the operation of a pilot high school program for waldorf forward a period of two to three years with a maximum of fifty students under the pilot program who has allowed waldorf the use of its classrooms art studios and portions of its campus to conduct its curriculum waldorf students and staff also have exclusive use of an eight hundred seventy two square foot workshop storage area that was renovated into a classroom this renovated classroom was the attached garage of the originals maybe the original maid's cottage referred to by staff as the months of model building and by modern signage as the studio colony cottage the approval letter from two thousand and thirteen is attached as exhibit twenty four and today basically they're asking for four four amendments and the applicant is going to get more specific on these amendments but briefly first to extend the duration for the overall who we know we all permit a land use commission special permit for a period of twenty years second to amend the boundaries of the permit area from eleven point six four areas to acres to fourteen point zero seven a for so an increase of two point five acres amend the scope of the permit to extend the waldorf pilot high school program for five years and that current permit  allows the high school use for a maximum of fifty students until june thirtieth twenty sixteen the applicant proposes extension of the pilot high school program to june thirtieth twenty twenty one serving a maximum of one hundred students presentation that he's going to you thank you him my name is rob cole i'm here on behalf of walter follicle high school i just point out the audience today we do have some members our sole eleven which is a public was a parcel at the open estate was built estate the tennis court where the proposed classroom buildings are going to go and this area here which i show you some more recent pictures of is a manicured lawn and this is where the new parking is going to go built in california mission revival style along with three other bills or along with two other buildings putting this guest house a football and was a very passion about the arts and she immediately converted this to her own j making studio today it serves as a guest house for a use that she started she would invite artists you them are and why they would come and their rent was they would teach people in her art society so we don't have much drama in our application so i've got to write is the optimal two years ago they came to the school and they said you have any space for us and in the go she insisted not really but we do have this a future master plan which they started sharing with county around the thousand and three and in that master plan then vincent envisioned some additional parking future woodshop and where the tennis courts are now on the  close eventually they want to put some sort of event billion in there to take advantage of these beautiful western views and to also kind of reduce the stress on the state formal and back talking about this area that they beautified in reserve for future expansion they've come up with a plan and that plan coincides with some of their future developments so the current request office once again looking to expand by themselves a little bit of time before they find their own councils but i've outlined here in white is the location of a mark in line with the access road and connecting road area this is the beautiful manicured lawn that's been reestablished this is generally the location of the proposed parking lot looking towards baldwin avenue and in that same yard looking up towards the this is the tennis court itself looking over the work towards the children's cottage sorry children's classroom and this area has historically been used for storage it's hidden it still has portions of the iron netting that went around it which are now overgrown vines trees a lot of a lot of large ironwood in other vegetation that kind of mass this area and to get into some of the plans and am has asked me to kind of dot the i's and cross the t's here so i'm going to just take a couple notes as i talk to you we have a couple replacements exhibits here and i'll just know to let you know which ones are ok what you have here is exhibit sixty of your packet and this is the previous landscape one showing a tennis court and at time what was proposed is three administrative buildings of two hundred square feet a walkway to the parking lot and number of oh here trees the landscape but what has changed since then and it's intermittently shown in your application that it is they've consolidated these three structures into a more practical six hundred square foot structure and they've changed the route to go to accessible walkway so that the classrooms connect to desisting rest room area and as does the parking lot so for example we have here what is exhibit seven and also more recently exhibit twenty seven your packages twenty seven will be in the end of it and i'll just point out these are the main features and site once again different between exhibit seven and twenty seven centrally located or sorry the addition of this loop parking and this additional fire access must by the fire department and we getting into the meat of the development this is an exhibit twelve also twenty six in your pockets twenty six being the most recent and i have as highlighted some of the colors here so you can see it a little clearer this is what we're village it's three buildings to be located on the tennis or two bathrooms mirror image of each other twenty four by sixteen with a twelve foot  administrative building totaling six hundred square feet a little bit of detail provided in exhibit twenty six a little bit more than that was an exhibit twelve primary change between the two is really m they've just relocated one of the access ramps from the south side of the building to the north here are some elevations of the projects shown in exhibit eleven and shown in updated exhibit twenty five style the buildings is country plantation style or the baton siding with framing around windows and doors enable roofs split it's for the deck and usually you have a choice period choice of call ranch green  small difference between the two exhibits twenty five and eleven is solely the repositioning of a ramp to the interior a rendering showing different angles of the structures the only inaccuracy i can point out is just this ramp which has been relocated towards the center of the complex michael leone the designers put together a brief visual walk through here showing the location building as you progress through the campus specially showing how this is the view from the lawn in front this is a little bit dated this is showing the three two hundred square foot in straight of buildings rather than the one singular but just to give a sense of scale and color provided for you today summarize your two year two years ago they came here to start a pilot school was somewhat a leap of faith mitigated by the fact that they could use the hooey site without having to change zoning or develop a new property it was successful and actually have says fifty five students today i've heard it's a little bit lower we've added eleventh twelfth grades this year hoping to get up to seventy five students by twenty sixteen under by twenty seventeen a minutes which could take a while depending on the zoning after that construction planning hopefully a couple quick short drunken wild fundraisers get the moving live high school from fifty two hundred students and extending it from june of next year to june of twenty twenty one and approve the developments for the temporary classroom in the strait of billings and from a travel drive i just want to cover a couple of points and the analysis i had planned to talk about more but you have the report i'm sure you've read it so i'm just going to kind of summarize the hooey and i'm which has been required i mean which has been approved which has been extended the reason why we're here today is because they want to extend it and add additional uses  properties within the county interim district the district allows such uses as kindergartens elementary schools intermediate schools high schools and universities and therefore a world of pilot high school program as well as the proposed amendments and the who uses are permitted within the counties in your own district and that's why you only have one permit the state special permit before you today in terms of peach twelve in terms of the cooler community plan the properties identified as public public was like public use and both the who use as well as the pilot high school program for waldorf is consistent with this designation on each fifteen very important to this property is the historic uses and the historic character of the buildings so much so that there is a condition that has existed on this special use permit that any new building has to be reviewed by the state historic preservation division as well as the urban design  we did send this out to status to our preservation division and they had a few comments there their comments are attached as exhibits nineteen and twenty one and the applicant's response letter is an exhibit twenty as h p records indicate that an archaeological survey has been completed for the visual arts center two historic properties were identified and mitigation for these two sites include the preparation of an archaeological preservation plan which has not yet  received by state historic preservation division so the applicant has met with the state historic preservation division and they have agreed to the following first to consider the location of historic buildings when construction planning specifically that the speech staging area should not be located adjacent to historic buildings that's as h p t is common the applicant has responded that they intend to locate primary staging areas materials and equipment within the adjacent agricultural property parcel six that you saw in the in the park one presentation the duration of construction near the stables is expected to take approximately fifty  and is limited to upgrades to the septic system the second comment from the state historic preservation division is to install orange construction fencing a minimum of ten feet from the one nine hundred twenty s stable tack room building to protect it during construction and the applicant has agreed to do that the final comment from state a stark reservation division is to consider treatment options for the historic concrete stairway in light of the proposed increased use once the high school temporary structures have been installed on the old tennis court we see no need to avoid it but increase use may have a negative infect effect over time so some sort of protection may be in order the applicant responds that they intend to use the concrete stairway yes they intend to use the concrete stary as a secondary axis with the primary access to the classrooms being from the walkways proposed west of the camp or classroom  buildings one other comment where let's go to waste water the applicant mentioned that they are proposing an individual waste water system comprised of a new one thousand two hundred fifty gallon septic tank and soil absorption bed we sent this to the department of health for them to review the project and they've indicated that the individual wastewater system conforms to the applicable provisions of their rules department of health  one last one last comment as i mentioned the their existing condition on their permit requires that any new buildings be reviewed by the state istar preservation division as well as the urban design review board so based on the fact that they're proposing a new classroom buildings we took the project to the urban design review board on may fifth two thousand and fifteen the board reviewed the project and basically gave their unanimous approval to recommend approval to you with no conditions from the from the board in addition regarding and i have a question regarding the top one hundred fifty gallon septic tank i hear you say that the armor helps that it's ok but obviously people work here what's the amount of people you have a hundred students plus teachers as right just not in writing  exhibit number eighteen of yeah bringing this to you as a communication item the original permit went and had a full public notice but when we do a communication item on the agenda it's not a pub it's a public presentation and people can speak but this is not a public hearing for notification purposes so i'm sorry ok the three items that were before you today and three three first items that were before you on your agenda or you are listed as public hearing items you know public hearing on and you had three this matter is listed as a communication item on your agenda when something is listed as a communication item on the agenda the applicant is not required to do public notice notify people either within five hundred feet or adjoining neighbors ere the public hearing term comes into play so there's no public hearing requirement as far as notification neighbors whatsoever in this first state special use permit that issue's been litigated it's to give notice to the neighbors for due process issues would be the requirement and the apartment can explain why it wasn't required as part of this application but that's that would be the normal requirement for a state special use permit would be giving notice to the neighbors for a new permit but  this is not like a county special use permit which under the county code under one thousand point five ten of the county code there's a definition of public hearing which requires a newspaper notice and notice to neighbors in five hundred pete feet is not like a short from rental home permit where there's pacific requirement for notification with neighbors within five hundred feet the only rules that guide you here are the state lands commission rules because the county does not have any rules for state special use permits and the can the state special use permit rules don't specify to my knowledge any procedure for notification to the neighbors us of the county does that centuries a courtesy to the neighbors by my mailing notice out to adjacent property owners is what i understand they do or state special use initial application does get does have a public hearing a public notice requirement if you look at the next item on your agenda you have a request for an extension of an s m a permit that's that's not going to be a public hearing as well but public hearing happened when at the original comment when they just come in for an extension it doesn't require a public question well it's an expansion it's an expansion of an arc of a previous approved use you've already up you've already approved the use of a pilot high school program but you had parameters you said that it should happen from this time to this time and it's limited to fifty students so they're asking that that continue but that it be expanded so the department doesn't have the authority to just tell them you can do that we have to come back to the commission and we have to ask you to amend their permit and that's why we're here today michigan sort of a point of clarification th with the parameter of a state so the state land area and so my and my confusion is where it comes to schools usually falls under art projects which are a partnership now i read they're developing act in an actual school within that particular facility area and so how did that all transpire and i think rob spoke to the heart of fact first of all waldorf is a private well it's a private school not a public school and i don't believe they fall under the department of education  and just to kind of reiterate what rob talked about the the who we i mean the i'm sorry walter asked i guess approached the who we  try and partner because they were looking for a facility and so and they're still looking for a facility but the the use what do you use for the for waldorf to be at the  was previously established through amending of this counties of the state special permit back in twenty thirteen which is what i kind of went over so the use has been established in twenty thirteen hour in twenty fifteen and they're asking to expand upon the use that's already existing there so this is not this is not a brand new use this use was already pre determined in tw by this body that it it qualified as an unusual and reasonable use in the state agricultural district just as the who we qualifies as unusual and reasonable use which the commission has to determine that it is an unusual and reasonable used to be able to grant a permit or among conservatives that sounds like this is going to turn out to be a private high school within state area ok i think maybe the confusing point is when you see in a state land area the the area is zoned state agriculture and county interim county interim and state ag well i'm confused from the standpoint that usually when you build any educational facility it comes under the jurisdiction of the state not the county ok just to clarify your determining on private property privately owned property market you know whether or not this land use is allowed just like for the epstein's earlier you voted on whether they were allowed to use their private property for land jurisdiction whether or not they continue to use their private property in a way that exceeds what the zoning allows whites especially use permit whether or not it's regulated by the state or anyone else that's outside of this commission's jurisdiction so you're right the state department of education would need to determine or if it's privately owned whatever regulations there may be for private schools would have to regulate those there that the purpose of this is not to regulate whether or not a school with department of education or other school rules there have to follow is to determine whether or not this is a land use there whether it would be a publicly owned school or a privately owned school is an appropriate use for the area there are public schools as i understand it that also or have special use permits to operate the county is given authority for properties under fifteen acres and specifically the county planning commission is given the authority for property under fifteen acres that's both state and county property whether whether it's state owned or it's privately owned property the authority to determine whether or not this is a use that is allowed that goes beyond what the with the zoning allow us and so you're looking at from a land use perspective the commission has been given a report and in that report its staff has gone into the criteria for determining whether or not this use is appropriate and its analysis you can agree or disagree with that analysis and place appropriate conditions on the property to be clear you're not giving them the ok to to build the school as far as any state department of education or other regulations that regulate schools specifically would be concerned with your regulating whether it was is a school use red whether it is a short term mental home use or whether it's any other used it's not outright allowed in the state agricultural district here determining whether or not to allow a different kind of use other than what is it's always been a school nonprofit it's a nonprofit but its primary function has been teaching back so they always hold painting classes drawing education so it really does they go to organizing they go together very well one was purely an art school the other has some other programs  not contrary to the objective sought to be accomplished by the state land use law to preserve preserve protect and encourage development of land in the state for those uses to which they are best suited in the interests of public health and welfare there for the planning department is recommending approval of the state land use commission special use permit amendments subject to a number of conditions and i'm going to summarize condition number one is just extends the overall permit until june twenty twenty thirty years because of the the sheet that i passed out which i labeled exhibits twenty five through twenty eight which is basically an x and an additional exhibits to your report that you have i need to a man's condition number six that the proposed new classroom and administrative buildings parking drainage and waste water system improvement shall be constructed in substantial compliance with preliminary plans dated april twenty third two thousand and fifteen june sixteenth twenty fifteen august twenty first and twenty seven two thousand and fifteen october fifteenth and twenty six twenty two thousand and fifteen and as depicted in exhibits seven through fourteen and exhibits twenty five through twenty eight of the money planning departments report for the october twenty seventh two thousand and fifteen meeting in terms of project specific stark perspective and advancing advancing the mission that they have encouraging study i'm glad that they're expanding correct on the overall area and the only question that i had was whether or not some kind of change in the basic zoning for the property at some point in time in the future would be  would be in the best interests of the properties to be zoned public was a public option but then they wouldn't be able to come and see you they'd come that one time or they wouldn't be able to come every five or ten years but no i mean seriously that is something that has been i have no personal opinion or spoonful of water but i am concerned about information in the public knowledge two thousand and thirteen when this permit was issued and there was a public hearing it was fo been a neighbor if if i was a person that was part of the monastery school i know that a high school is going to built a bar and i invest a lot of money in my children's education and here because of it i don't see why we would try to slide through an approval without going to the public and letting them know that we're going to put one hundred kids in a high school we're going to build in and it's going to be beautiful that our kids are going to be arts and it's you know you  and be part of it instead of trying to slide through this process and even though that's my personal feeling i just i'm a person that likes to have disclosure and everybody sort of knowing and in a five you know x amount of service right there and that's the you know and and and that's very important to them and for them that they even have notice of it's just strange for me it's hard for me to support something like this that's purposely avoiding letting somebody know you could have sent them a letter you know that's just my personal feeling and if i could just comment i guess check with them and they may have had discussions with monastery i believe they have a relationship with them as well because some of their students go on to the high school here  so director and if i could i'm going to when i was in the private sector i was a consultant for the montessori school when they doubled their size actually more than doubled the size of their campus or and there was a very nice relationship between the police and the stories i just expected that i mean that still continues i don't see anything flying by each other people for different things and it's not cheap and and i would also come in it was rather the earlier comment was you know we're going to have all these cars driving down next well the access to the new classrooms is go m one permit for two more years until october thirty first two thousand and seventeen i'd like to introduce you to alfred fair banks the owner of the property and son joe for banks who are here who can answer any questions that you may have the department's recommendation the department recommends that the commission does waive review and allow it is a fourteen acre parcel that was approved in two thousand and eight this is the third time extension due to certain circumstances fourteen acres it is a forty eight lot subdivision the s m one approval was for infrastructure only to sell the lot the new owners the fair banks plant to make it one hundred percent workforce affordable on the large lots in key hay so they are the reason for the extension is they are working through the process of the whole why a housing finance and development ration to a one a chaplain cation with a one hundred percent affordable project and they do the applicant does want to put affordable homes on the properties now so with the extension the applicant will come back to you because the that someone permit is only for is for infrastructure and improvement for lots only so they will come back once they get the affordable housing permits come back to the commission for approval for the houses on the parcels they're looking at the reason for the extension is they're working through the water requirements potentially supplementing the existing environmental assessment working with the key a community association eventually the go to the urban design design review board so that's it a gain if you need any more information we have alfred for banks and joe for banks here to answer any questions you may have and police and then one day i'll invite alfred for banks the the owner to address the question of him not to do the whole project at once we need to i don't have the firepower personally to be able to do that so we're and have been asking to do it in phases are you guys shopping the credit and trying to get some offset with that other development at a factor at all well we have tried but at this point we haven't had anybody willing to put up any money for it we're not saying it's never going to happen but it could happen we talked about it we hope it does yes and they can do appreciate it thank you if you have