thank you all for your patience will now start out with public testimony if you'd like to testify at this time you may do so you feel out three minutes you will not be allowed to testify again when the agenda item comes up however so permit i work with one of the applicants and i know the family for forty years this is not about making money this is about being able to preserve the property right now it's a little larger than  and my issue is about the big three development because why it bothers me because it's changing zoning people would have bought properties twenty thirty years ago is based on residential when you change it again to high intensity or hotels it changes the dynamics or why did bought the property in the first place so that's my question i going to set some kind of precedence for ripple effects that you can change things in the middle of the game it's moving the goalposts around so what kind of ripple effects that's going to cause within the communities that want  purchase ok are allowed to buy properties at a different value at different prices and based on that dynamics of the changes of the zoning so for me personally as a whole in the state that everybody loves so you all  it was it was it was recommended through the community plan residential but the zoning underlines the property each to hotel and it's been that the one about it says multifamily to hotel ok my testimony is more for all of this because i see vacation vacation be cation coming up ok what are we doing besides incarcerating our homeless people what are we doing to help our residents get a home if you keep on building all these vacation rentals and all these hotels not only are you desecrating the land nobody ever thought about the lineal descendant of these properties before they quiet title them and rush them out for money now what are these rich investors going to do with all this money when they desecrate the land and they cannot be their children natural food are you going to feed your kids that thirty dollars that you just made most of these people that  properties don't even live here that money that they rake in from those vacation properties goes back to where they live and how does that affect the residents here what about those of whom whether hawaiian or non hawaiian have lived here for generations and are forced off these islands because they cannot afford to live in their homeland and the more be keysar rentals we have the higher the rate goes how did how how did it how is that supposed to work you're supposed to be here to serve your community not people from elsewhere in the world and i apologize if i offend any investors behind me but those million dollars that they're raking in what's that doing for our people what's that doing for our presidents what's it going to do for your children when you can no longer take care of them and how does that affect everybody we're destroying the ocean we're destroying the land and nobody ever came to me before they built resorts on the land that i am in error to nobody came to me and offered me a dollar for that yet and still i live in my home island and i don't even have a house of my own i can't even afford it why everything is and do you think that i'm alone do you think that i'm the only person on just the only person here with a mouth ok what about all the hundreds there would be going to do keep on building prisons and incarcerating them but you guys think about that and you think about the morality of of the choices that you make in the permits that you've given that zoning that you do and all the be cation rentals that thank you i'm pleased to present to the planning commission it's news to me what you just said it's been in the mail we news the this property for the victory property use is a more play family residential hotel each to other notices all around my community have been told told that to me so i'm like well what is what is correct here  one number two there is congestion on this huge block and it's if you approve of it or if if if if this is a hotel then there precedent to create other hotels in back of the shopping centers in back of these banyan and caique he kind nonny and this is a perfect recipe gridlock and that that is not sweet nice way to greet aloha hero for our beautiful beaches and and for the hotel for the hotel other hotels as well as for the condominiums i think you will there the planning commission and i feel honored to say this to you has a great responsibility in terms of the pollution in come along come all the beaches i swam in these oceans twenty years ago i know it was a tremendous amounts of fish it's not there anymore people are out there fission but they're not kitchen anything because it just doesn't exist and  i appreciate your is your smile because you know what i'm talking about so it is environmental it's in terms of the infrastructure there is no infrastructure and selkie he wrote it's just go and more of this victory property having them bring their cars through this private property is is not appropriate there are people in the swimming through i mean it's just going to be devastating for all the reasons i've said thank you so much for listening to my testimony thank you for i have a question based on the fact that before you pop this well so when the development came in it took this particular area and the people consider that if they have built a in an area that is a natural drainage yes could think that they would be thinking of future developments coming in so that this water this fraud is now becoming a problem yes yes  my issue is ecological and my issue is in so and environmental and secondly my issue is south keep a road infrastructure is not real for hotel that that many people already there's gridlock already there's congestion you know that if you if you just drive by at any time it's not just all certain little times is congestion all of the time and it's frustrating but you can't get through the piece of this this whole entire block do you know that sir yes i also know that suppose would be having their development goals thirty nine units right so when you look at the idea of natural hazards and the amount of water that's coming through there  it would not have a major impact on on this particular that has a natural green it's that goes down to the ocean it's natural salt the concern right now i think for  request for a community plan amendment multifamily to tell the community plan says these thirty nine units should be multi family homes that's because the community recognizes the dire need for housing for local people this isn't part of my testimony but i just i learned today that twenty years ago the county decided that louis is for the people who live here and he is for tourists that would be great if i could afford a second car for my family but the cost of living has gone up so much in the last twenty years i am a family of three with only one car we can't afford another one so my husband has to ride his bicycle to work or not you know poor people i just can't afford another car is not an option for me as someone who lives here to live in ca so moving on  just a quick question of how many of you have tried to rent a home to live in the last five years have you been a part of the work of the rental market for you to find a home in the last five years so you guys know a little bit about what i'm talking about the rest of you i'm going to explain the details  hey sorry i'm going to explain the details of the process and why keeping thirty nine units known as multi family and not hotels not zone sorry in the key community plan is so very important i live in ca and over the last year i have personally the absurdity of the housing market and witnessed three of my friends struggle with homelessness because of it my husband my three year old child and i had to move a few months ago because our landlord raised their rent by two hundred fifty dollars a month at the same time he started doing major renovations to your yard making it totally unusable so we had to move since tenants are required to give thirty day notice and most rentals rent the month prior to being available you only have thirty days to find a place to live right it's like this race right now two bedrooms you're lucky to find a two bedroom for eight hundred dollars that's if you score and the vast majority of landlords require that you prove that your take home household income is three times what you're rented right they require people work to prove that that means that my husband and i would need a take home pay of five thousand four hundred dollars a month it's a rant and one thousand eight hundred dollars a month two bedroom in reality our take home pay after taxes is four thousand dollars so we're really short right a b c two county paid worker who makes eighteen dollars an hour this is a person with a good county job to make eighteen dollars an hour after take home pay after taxes and insurance they have a take home pay of one thousand eight hundred dollars a month that's less than what we make a county well paid county mid range work right to work or family working a major range county level job and the take home salary thirty eight hundred dollars using the formula that landlords want you to only spend a third of your family of your income on rent this working couple is eligible to rent something for twelve hundred sixty six dollars that does not exist right some landlords require you to provide bank statements i had to bring copies of my savings account statement to prove that i have enough savings on hand to pay rent should i become unemployed suddenly and each home viewing that we went to i'm not exaggerating there sometimes thirty families vying for the same viewing for this there was people shoved into this little house all kind of getting aggressive in handing the paperwork to the landlord right on him but he's going to be in my thirty three minutes already rent a u haul for an extended period of time so that all our belongings in the you and couch surf i have a three year old daughter in school and we have to separate two full time jobs that was my plan for home was to not be home with we got really really lucky and found a place to live people don't met what's happening out there when they come into these type of developments and thank you for coming in sharing hard it is for people out there and i and i hear you and i understand the question for you know if you do have you  did find a place to live we found a place when of my friends right now it's stayed on our couch a couple weeks ago because he has a dog and he's single and he can't find a place to live you know he has money is a job thank you for a testimony i encourage you used the word zoning instead of the community plan amendment but this is what he was referring to just want to make sure my voice is heard when we move to key hey we are just a condominium a colored resort at the time it was ninety percent owner occupied it was a place where teachers and small family such as mine with a newborn had a decent place to live thus point seven years it's now ninety percent the case in rentals they're posted on the this is one example so you're also getting a high school if it was only meant to be for tourists why would we be getting a high school kid why did we have a community center why would we be having mom meet up groups and parent nights and the community association the community plan is set forth to defend the community and it's grown and it's changed and it's not just a vacation place anymore i live three blocks from the proposed project i'm all in favor of balti family i to own nearby he only kind of the edges a long term rental property we need we made a very nice brand new on the inside and when we put it on craigslist the average rental there is one thousand nine hundred dollars and there are some people asking over two thousand dollars for two bedrooms in a tiny like six hundred four hundred square feet we asked fourteen seventy five well below market because we wanted to give families a chance and it's plenty for us within six hours we had forty people singing down our door families cannot because people disabled veterans my husband and i had one property to give in all these families within a few hours so we picked the family that was expecting a baby and that had no credit and they didn't have the savings but they had enough money for first month and security they've been excellent tenants ever since we need more multi family this is a community this is a homey neighborhood we love our neighbors we work together and we just don't feel there is a need for a hotel here it's the housing crisis in maui is such that if we keep building vacation hotels and allowing all of these vacation rentals to hit the market we're just pushing out all the retirements had to sell because they couldn't afford to stay on maui anymore due to the high cost of living so people who live off the island snatched up the properties and just listed them to vacation rentals because they make more money venting to vacationers than they do to local people you could maybe make eight hundred a month tops renting in into local long term you make three grand a month is do you do you right now believe that should be all residential vs hotel no that's not my statement i was commenting on your statement to the earlier  testifier saying that he hates his own community for tourism on me and my quote my comment to that was it is a mixed community and we already have more than adequate hotel and transit accommodations available what we have a dire good morning everyone so my name is tourism attorney see i am here on behalf of the sierra club and we are testifying of course on c one the victory development amendment so the sierra club stance is essentially as everyone pretty much well knows we support the community plan the community plan is the process by which the people are able to have an influence about what goes on in their neighborhood so the sierra club firmly believes that people deserve a voice and therefore the plan should be upheld as it was so a little history this particular property in question already experienced a lot of discussion in the last community state back in ninety three the planning commission and their key a mechanic community plan review recommended that this this land to be re doesn't needed from hotel to multifamily so it was originally hotel and then the community decided hey we don't think that's a good use for the land let's change it's a multi family well apparently the maui planning department also agreed and in one thousand nine hundred seven they recommended that the land the county council land use committee vote to change this parcel and the five adjacent vacant personals from hotel and business commercial use to multifamily so this is kind of already has said and done thing so in response to the overwhelming community support for the multifamily does ignition the county council adopted that designation in the final adopted mckenna community plan in one nine hundred ninety eight became mckenna community plan also clearly states that further hotel expansion in key hay is not desired on page seventeen of the key mckenna community plan under lend objectives and policies the plan states a clear goal to limit hotel uses to those areas pleasantly scuse me presently planned for hotel use and limited hotel development until adequate public facilities and services are established to meet existing needs this land was specifically not planned for hotel use in the community plan now the newest landowner wants to amend the community plan to go against what was decided through the community planning process or traffic concerns in the  not improved nor have the drainage conditions adequate public facilities and services are not available to support thirty nine more units on this landlocked parcel the appropriate community plan does it nation for this one point four acre parcel is multifamily the adjacent homeowners have been trying to make that case please do not vote on the community plan amendment today and instead approve the intervention and allow the neighbors who know this land well to make their case they have watched the traffic patterns and the drainage patterns for years they have worked to get the properties owned as multifamily rather than hotel in the one nine hundred ninety eight mechanic community plan a day planning staff so the overage in the community plan was hotel and it was changed in the community plan to residential at the family that's correct when the community was able to get together and really look at the area  i am not sure specifically what that was but i know that the land i believe has changed ownership in that time period so originally it was approved and passed that way that it would be multi family increased based upon the surrounding value so my cellphone and short testimony is support the little ways because this is a felony and city and we don't want to see another i think and i've heard a lot of moaning about it here is we need somebody who cares i know you guys have a tough job you have to decide who's going to be able to build on what they're going to be able to build on there but i think in he does too i think he's a caring individual and i stand in front of you because i think you should let him have it go at it and do the right thing with the land and i think he can this is not a guy from california or montana that's trying to make a profit this is a local guy one of us trying to take care of the community the right way it's twenty six thirty six where i met we have eighty three right on the beach we're not containing any run off either as anybody else around there because we were old bill back in the old days he's doing something about it he's thinking about it and i think he's doing the right thing obviously he needs some guidance from you guidance as to what you want to see but i think overall  me this family is a part of our community and you know it is a really giving in a lot of ways and i know firsthand experience that they do use this tough situation there's been a development in that area prices have gone up and they're doing what they can to maintain the property and so i'm just hopeful that you guys and you know help them in any way  help maintain profit so again i'm just here to testify in favor of i don't see any questions for the fire but surely dave i know you have some background in our development of the projects and everything and the local family but a lot of changes going around them pricey homes patel's everything bringing up the cost of the boxes you think this i mean this is one where were they can help you stay there yeah absolutely this is this is the way that they've devised in order to keep this property in their family it's a tough situation i think you know we heard earlier it's a really tough situation to deal with they've been here you know they were there when they were the only house and now there's been a development all around them including a project that i to do other events there i've been to some family reunions down there in the old days and it is a magical place i know the life very well very sincere in trying to find a plan and it was like someone looking at a piece of paper and not looking at all plans to see how it would all work out for the community planning process is a chance to kind of like update from what we now know on the ground that's how it works  we just passed one community plan and never look at it again there's no need people could just amended you know you wouldn't need to weigh in you wouldn't need the technical reports and so forth but the case here did get changed and i was at many of plan and so you can't just give out the entitlements and then not also through on the intention to have that balance the environmental impact statement not really up to par that's why it's i listen to the birds this morning and they're still louder than the morning traffic they compete for the birds can still be heard then i think about adding the layer industrial sized air conditioners trash compactor delivery trucks additional car traffic and hotel staff and visitors paving over what's been the bird's home for a long long time they think that once these changes are made they will probably never be and chances are slim that the parking lots whatever become standard developers need to develop and i don't have a problem with that but i do have a problem with them trying to bulldoze or way to changing the existing plan they're proposing mixing single family homes and hotels to use the word  because when one of these parcels is resolved it's only reasonable that the others will have an expectation of being granted seems to raise i'm sure victory development would be glad to get approval for a ten story or twenty stor or thirty story hotel if they could understand that they've been entrusted with their investors money and their responsibilities to make as much money as they can move on to the next drive by developing but those of us who are not victory development have a different responsibility responsibility of considering whether we want to take a step toward being a noisy or more congested or polluted area that we want to take a step toward being the anti las vegas a place where people want to take a deep breath here the birds feel peace and rejuvenation in a paradise like setting i think that if in the future barry decides that they really do need one more hotel there will be plenty of victory developments available to accommodate  i think that a victory itself implies winners and losers if i have to choose i would go with the many people whose homes and lives would be impacted by the construction of a hotel on the site there would be the noise of this rupt the thing is i told the people that was coming to this it nobody listens anymore it's supposed to be just two story and already we have like some of the people who are talking and saying traffic is bad i don't read the paper i don't watch the news because it's all negative you people are here to listen what are you folks going to really listen nobody doesn't say anymore i just came from another meeting and it was for the not make it like oh i hope we don't need another wife and stop for stories is no and this hotels that have a lot of empty rooms don't do a timeshare to live out here and pursue the american dream of owning a home and having a car and being able to work on this beautiful i know and i'm fortunate enough there's a sliver of the ocean in my line of sight where i can just see the women lying coming up and that makes me so happy every morning just to have this little line of sight and if this is only goes through it's almost like it's a form of spot zoning precedent here this is a residential neighborhood and a housing crisis there are thousands of people on this island vying for anything that they can come into contact with for me i was fortunate enough to buy because it was cheaper for me to buy a home out of what i thought i could do than to find the rental my mortgage is cheaper than it would be for me to rent a home in my neighborhood and fortunately i have enough credit to be able to do that and not everyone else people don't and if you rezone all of this more people will not be able to afford to buy homes and i mean the game to the public for the rezoning is so small compared to the hardships that are going to affect the residents in the surrounding neighborhood it's not just about the congestion it's not just about rather in this couple only you know all along these beaches already the pollution down there just from the runoff and everything going down is so much greater in the last ten years and  what he said about the lovebirds no warning we are so fortunate we have wild lovebirds in our neighborhood there are so few places where even the birds can go to just i'm sorry i'm not getting everything across that i want to say but we're just so fortunate to live on this beautiful island we have to protect it and that's your responsibilit have to create balance for us because we're not in charge of that that's your area of expertise and by rezoning this one little plot you can change an entire community and that would be so unfortunate not only for myself but for future generations for my kids who are growing up here who will probably never be able to own a home at the rate that things are going at this pace we have to plan for go further inland they can go up to seventy five feet of course they're not proposing that also the issue of drainage is a matter of concern  massive funding channels down to this gulch traverses through the parcel they're not proposing to build on or inside the gulch naturally it is two they're going to do an additional twenty percent of mitigation for drainage on their particular piece of property so in a sense what's happening is they're actually taking one point four acres of drainage  much there's nothing they can do about it it's just the lay of the land and that's just what happens when it rains in a hundred year flood economic project was partially completed and the subject parcel was subdivided off the pulp the end of the project site with a perpetual easement access is meant for access and utilities to the project site this is been the condition from the completion of development and part of the configuration for the kind on he is as those residents purchased and inhabited their units this is the roadway access from south her utility and access easement here's an aerial photograph of the project site the north south collector road these are other projects that either to exist or have been proposed at various times requesting to change their community plans as ignition to hotel this is owning map for the county of maui this is what has been referred to as the calm of all the super block as you can see this is all h two zoning which is high density hotel zoning surrounded by medium density hotel zoning each one lower density and your resort commercial is an obelisk aerial photograph of the project site or the excited here that's two three layers of units above surface parking which will be underneath the building's includes common area amenities eighty three parking stalls site plan of the project site this is the existing drainage way it is going to be unchanged as a result of the project these are photographs of the project area these are key a kind on the buildings next to the project site this is the covert where the drainage drains from the project site onto the surface parking lot of the this is the landscape so plan for the project at this time i'd like to bring up a landscape architect david three different sort of partners to go over the landscape the we are meeting the county requirements for shade trees with sixteen native trees despite the fact that most of the parking or substantial amount of the parking is shaded underneath the building but we are still using the shade tree requirement from the county code elsewhere on the site we're using a number of native shrubs and ground cover and we are providing screening around especially on the frontage adjacent to the neighboring properties using eight different tree species and we will have one hundred percent drip irrigation for the property point seven and so on what this is intended to indicate is that the project despite its small size is appropriately situated among its neighbors in the context of density and i'm proposing to maximize a small site they're proposing to develop a small site consistent with existing patterns of development surrounding them this low table is the lot coverage and floor area ratio so what is permitted in each two is thirty five percent  coverage and a hundred fifty percent floor area ratio and what is permitted in a two multifamily zoning is thirty five percent and ninety percent and so the proposed project is below both of those permitted levels of density th imposing a project that's less dense than would be permitted under the key a mechanic community plan and the county zoning i would like to go back and just kind of indicate what i'm talking about there would be these developments surrounding the project site the project is the lowest level of density of its nearby neighbors economy is significantly taller nonny is comparable height descending down slope one other thing to address is the table at the bottom which depicts the proposed heights of the buildings building number one thirty five feet is two stories of units above surface parking building number two is three stories of units above surface parking each to tell zoning permits one hundred sixty feet need to plan permits seventy five feet in height at this location so the project is proposing to be significantly lower than would be permitted by the key community plan which would be the maximum of the overlay of the zoning and elevations of the proposed project so you can see the character of design this would be the relationship to the existing drainage way of go through these these were shown in the this is the circle around accurately reflect the grass or landscaping in the parcel but this would accurately represent the back and of the market and of the proposed project site again there's  what we have here is a graphic representing the magnitude of the drainage area coming through the money lost property which is indicated right here in the green again a graphic of what's what's there in terms of the drainage around the area so what happens to the drainage is part of it goes to here when this capacity is exceeded water flows on both sides of the existing circular area and d there is an existing condition with or without this project what you see here in the blue was depicted there was we took two sections right here and right here and figured out how high the water exceed the public  will not only go to maintain the increase in runoff develop from development but we're going to maintain an additional twenty percent of the existing on the site so the bottom line is there will be less runoff coming off of this site after a big development al you know when you compare a one and a half acre parcel to a three hundred acre drainage area it's fairly small but we're not exacerbating the problem of train been in communication with the north property owner i corresponded with them via email they are open to allowing construction access from the north parcel if the market parcel is not coming option the traffic report was prepared by liberal who has a license engineer specializing in traffic studies we did receive comment from the my police department they did not identify this location as a significant area of safety concern or excessive gesture and in the context of south erode the traffic studies were taken in march and april of two thousand and fourteen for the signalized intersections and for the sorry for the intersections and  he occurred in september of two thousand and fourteen the standard requirement for the preparation of the news is that the traffic study is being conducted when school is in session as opposed to the hotel high season and so that's when the traffic studies were and b being the least level of that way with being the most extreme so the lower table indicates the relationship for traffic from self the hero to the project entrance there is no intersection this would be the intersection that we're discussing it is basically a driveway going on to sell the road so in the context of the existing traffic from the community it's passing right by the project entrance with no inhibition there was a discussion the last time about how that works and basically the northbound is an uncontrolled route and that just means they drive through as they please there's no signal stopping them when residents want to leave the driveway so that a left turn lane could be included so that when southbound trips are trying to take a left that self the road can continue and the applicant is open to that the delay that would be experienced is the current delay which is people who live in the projects trying to take a left south and cut across north traffic there's no delay taking a right to head north  so these are basically existing traffic counts based on the traffic study the am peak in the subject intersection there are eight hundred seventy cars passing and in pm there was one thousand one hundred forty four cars so the project horizon for this traffic study was sent to twenty twenty based on projections of existing proposed developments the future in peak is one thousand and ten vehicles passing this intersection and the is one thousand three hundred seventy vehicles not it was contribution is determined by using the chip generation handbook from the institute of traffic engineers which is the standard for doing traffic studies as reviewed by the department of public works for the state department transportation the project contributes twenty four trips in the m p which is two percent of the traffic that's occurring and the project attributes twenty eight trips in the which is two point one percent of the traffic that would be occurring in the location so to reiterate although no traffic improvements are actually warranted by standards established the preparation of the traffic study public works did request a left turn lane and the project is open to proposing that is you know willing to do that as indicated in our past meeting with you this is the project site driveway there is currently a signalize flashing crosswalk at the north end of the on the north side of the driveway access this is an aerial photograph of the just in condition lane here this is the mitigation that was proposed by public works and is supported and embrace but there was another issue that was brought up and it was the phasing of utility improvements into the projects access and utilities and so the applicant has determined method of phasing the work so that basically not more than fifty five stalls would in any one time fifty five stalls would be provided on the project site at that same time so that basically while the applicant is improving their utility easement to provide the utilities for their proposed project there would be parking for existing residents on their project site when that is completed it would focus on construction of the site itself and so the way that is shown is basically that there would be four faces none exceeding fifty five stalls of impact at any time and th parking would be provided at the project site it's not one hundred percent convenient for the me but they are neighbors and they do share a legal access and so it would just have to be part of  process in the context of addressing nuisance to neighbors from the construction phase the applicant is committed to scheduling work with he kind of money they're open to scheduling the most disruptive types of work during their visit or season and then obviously all the standard requirements of the county of maui and the estimate process of observing best management practices through development would be observed the construction would occur during normally permitted construction affordable housing project does comply with and will participate in the county's workforce housing program which means it will have to either provide or contribute to the workforce housing fund for  unicef we receive come in from the department of public works the department of water supply one other item that was brought up was the use of water to reiterate the project does have water meters county water meters however after our last meeting they have determined to provide an irrigation well on site in addition to that there was discussion of how the relationship to the existing r one water line worked in regard to this project is currently approximately five thousand five hundred feet to the north of the project site how and also at the police station there is no current plans to extend it to the pilani highway miles but the project site but the project is going to be fitted to receive our one water at the time that that is available so it will be prepared to receive our one if that's an option it is providing an irrigation well on site and then it also will use its existing county water meters for domestic and five attention the project would also seek to receive comment from accounting and general services the state department of health s fish and wildlife there was an assessment on whether or not the proposed project interfered with the drainage way and whether or not a department of army permit was needed and was does not interfere the drainage way and no department  army permit is warranted regarding the public process for this project beginning in october two thousand and fourteen victory development met with the  fifteen there was a community meeting the phone or partners bailed them out but the owner had nine hundred invitations mailed out because it's a densely populated area there were twenty three attendees after nine hundred  meeting notices were mailed out in june of two thousand and fifteen the my planning commission reviewed the draft environment assessment received comments from the commission and we adjusted the draft it finally became the final  august of two thousand and fifteen received comments from the county maui urban design review board and made design adjustments based on those comments november of two thousand and fifteen the my planning commission refused the completeness of the final based on previous public input comments know there is no way to receive an s a major permit without your plan designation being in line with zoning and proposed use and so after the project goes to council for decision on the committee plan amending it would be coming back to the planning commission for decision on the major permit to allow the development of the project like a rehash and summary that's the conclusion of my presentation thank you very much multiple family to age two this would set a precedent for changing all of the faith to plan surrounding law one day from multiple families a southie hey road there is nonstop traffic has become so overgrown during the past thirty years there may be a serious liability issue which the county will be taking on if they permit the zoning to be side the width of which is no longer up to code for new construction we request that maui county not change so name of lot one day two from multiple family to hotel project where you drive through some inexpensive condominiums and those are the least expensive condominiums along there to drive into a luxury hotel as we have heard that  this is not street it's our driveway if you take a look at this and you can put it on the micro fish if you pass around our driveway in some areas the parking there is less than twenty feet seventeen feet and if we have trucks and construction equipment and trash trucks going down that driveway at times there are over three hundred people walking up and down that driveway i mean there's  sidewalks on one side but most people use the driveway and the property values if you allow this project just point to plummet for a  honkey flippy all of those with that word out and they will not be able to rent their units who wants to be in there with construction going on so the poor people live on those units they're not high end these are just working class people that own those units will not have any income coming in during that time and i urge the planners to agree to this project it doesn't make sense as far as as far as the drainage goes that needs to be a catch basin right there that's what needs to be there that part of the five acres already of the people that live in this area retired so that our retirement age there might be some difficulty with going back and forth to the parking area that of course we have all kinds of handicap spaces in there right now  would like to say that i'm very distressed that we were not notified about the victory a meeting in november as promised by paul farhi to that belanger the then president of the association and me after the initial  june meeting we certainly would have been here to critique the trees presentation which in our view did not address the recommendations by the planning commission in the initial meeting we strongly attracted victory developments request for a community designation this is a quote directly from the community plan which provide housing opportunities for areas which are in close proximity to interest fracture systems and other urban services and road again provide a garden setting it limited hotel uses again this is something or plan to those areas presently planned for hotel use now county has labeled nearly every break in property in south he has a two which is the highest density hotel zoning along twelve stories and a hundred fifty percent who are area ratio this probably contradicts the key a mechanic community plans which state all the zoning applications and or proposed land use developments shall be consistent with the land use path and objectives and policies of the key a community plan clearly there is a conflict between the two documents fif if given the state as a nation they can't modify their plans or sell to another another developer who will to tamper with the long and hard one efforts of maori residents who worked hard to balance the needs of the community undermines our democratic ideals the plan consider the future needs of our island i shudder to think how he a mechanic would live now if this plan had not been implemented in one thousand nine hundred eight the planning commission needs to consider is hotel state yes it is however i should add why would you want to enter one correction there east mentioned that it was all so vacation rentals actually we have quite a few minor motifs that are the news as multifamily  long term rental in the in the current project there are also a number of people who are resident there and many of the people who rent their units out there not rent them out on a year round basis they use their primary them retirees they come in they spent the whole winter and then they may rent their prices out at some other time so they're not in a state of rental actually for many of them from it much of the year some add up not at all because they have to keep the put their own use they do not use them for  testified about the incredible congestion in the area we have hordes of pedestrians going by bicycles whizzing by runners and cars in the left hand turn lane and if we're going to add construction to this mix for two years cement trucks supply trucks some fifty odd employees running through driving through our  driveway which is extremely narrow as people have already pointed out i'm afraid for the safety of our residents or yes and also adjoining condominiums in the area if this were allowed to happen if this development were allowed to happen so that's the issue of pedestrians and in vehicles is one and the other is the water issue we've had several  hundred year floods one in two thousand and seven one in two thousand and eleven you can look them up on on you tube and it's a raging river that goes through our our driveway it's not just a simple smaller amounts of water draining through the driveway it said two or three feet of a raging river and a renter of ours at the time was swept away he made the mistake of wanting to cross our driveway during one of these flood events in the heat was swept away luckily somebody but it was a bystander who was there was able to pull him out but i'm afraid if we're if this development is allowed to take place we're going to have more water issues i think the gulch needs to be kept as it is so as not to exacerbate the problem that night so i could get pictures but you can see the debris levels the same as two thousand and seven and over a sidewalk portion of the wall that county put in and then it went down the same spot but the county parks moved the lifeguard slightly to the north so it didn't take up life flooding storm and that's the one that a volunteer group works for months and years to recapture the beach damaged soul so i own that i got pictures here showing that the collector road that was just ok they decided to put in a culvert and their site you've never seen a picture of this and this is the one the engineer just said they're going to review but the landscape plan showed they have a parking area over this going at least twenty feet over this existing seven  point and then the county got all those pipes in there so i go off of there and another thing i don't understand is how can the county road and i know they exist in this coming in there you have the county road drain these from the road itself is all going development needs to take care of this drainage problem that the county we need to take care of this problem does those those ninety have any responsibility of helping their own helping themselves here everybody's got responsibility in this and  and into the can expense of that in the problem with putting underground you'd have to put two eight eyes or two six and a half diameter covered in underground and i don't know if you're going to get a permit to dump that out of the ocean if we could dig up our driveway put those in where we  block wall was not enough to stop the water enlargement while it was built by the county i have experience to rain storms that damage coming on the beach too before the wall was built during one nine hundred eighty three a group of volunteers and condo owners in the area formed a group to save the beach after the big storm we're we're back to stamp dances with commission from the county to promote stand doing formations other actions were considered to slow the damage from the rain storms and runoff from marquee kind on the driveway which is to end of the removing the parking lot and planning to area where bras and palm trees would bring runoff from large paved areas such as the keychain ninety and key here dr lee beach parking was just provided on the roadside front income you'll only be in two in a letter of october twenty second two thousand and fourteen twenty fifteen press heart partner stated that but the high level of traffic passing through this intersection is understandable that left turn to a difficult three development is agreeable to reach striping so it's key her since parking area is limited many questions must be considered where would the construction workers park they take up the beach park in spaces if they did where would the beach parking be with the park and all the shopping centers parking lot surrounding the area where would the owners of key occur ninety park during the time the driveway is turned up into a starting role or water and sewer and utility lines and if they did put it turning in there it would take away a lot of the parking spaces for the beach thank you an impact on the ocean because the project is up to one thousand feet seem to defy the laws of gravity but today we are on to the semi and the amendment to the key a mechanic when but now we are more confused as we read the project is a half mile no one thousand feet no twelve hundred feet from the ocean with their respect it seems or they're not sure where the project is or where the ocean is but wherever they intersection without the project seems absurd so if it's already a failure airing even more vehicles does not make it even worse as we stated then if you're backed up on the street as the tenth car in line waiting to proceed is it not a greater impact if you are the fifteenth or twentieth is this asking traffic engineers to create the worst three and a half but today we know that the rating has change in the community plan goes against k c s effort to have big key a mechanic community when prevail over selling it was our understanding that the commission is to be guided by five minutes how can the commission be expected to do this if one just bypasses what changes the plans are you expect to make just pushes decisions you heard and saw examples in prior testimony on the same project meetings last year impacts a building flooding ocean degradation traffic etc all this remains nothing has changed some of the testimony is being repeated today to ministers do we need more hikes and residential projects i thought we were looking for  residential projects residents not those our residents can afford just bring in more people with well with more cars and traffic from outside valley and having less development  decisions will be made and we would hope that the public would be able to clarify whether that would be allowed future testimony on the s and may if this comes back to to your commission thank you very much th client coming commissioner is what we're doing is because we have a motion to intervene pending so prior to entering into any decision making and recording the public hearing matter and the only to intervene on the community plan amendment does that oh the callus or the commission would like to deal with it that's fine with me that's an that's from pleasing counts mr pierce some you know what the i believe what the commission is intending to do is be understanding that it's the commission's belief that there is no right to intervene at this stage sure however should the council act on it and send it back to us at that point the request for an estimate  use permit becomes right and i believe what the commission may decide to do is to continue your motion with regard to the motion to intervene want to deny your motion to intervene with regard to the company plan amendment but to do you further or continue your motion to intervene in the estimate use permit application until that matter becomes right you know until it comes up i properly before the commission ok i think i understand that i also have a motion for a stay and being for the sake of keeping things simple i am ready to address the issue of the community plan amendment to our petition intervene on that and if you wait we can try to get it i don't know if the commission wants to try to get that in before lunch but i'm happy to give it well and if you let me m you do kindly get a state vote then what i would ask is for three minutes to testify on behalf of key he kind of any as to why the commission on their own volition they want to stay  community plan is somewhat of a novel issue the position that's been presented by victory development and apparently i think this is more palatable supplanting as well is that there's no final decision here but the law this and this is roles are referring back to the past case which many of you may be aware of which was another very important intervention case over on the big island it says the second prong to pass requirements calls for an examination whether the agency's action represents a final decision in order that's the what the standard one that we're all familiar with or a preliminary ruling such that the pearl of review would deprive the claimant about a clear relief so the question is in the sense of would your recommendation the point here we recognize this is that all you're doing today and i shouldn't say all you're doing what you're doing is actually very significant saying you're making a recommendation to county council and we've got to believe that the reason that the rules got written the way they are in the words govern the way it was the county council anticipated that you will have certain abilities to dig into the issues in a way that the county council might not be and that you have developed a certain level of experience and understanding of these issues so hear this as a contest in case may make a difference and i'll explain why the rule that that is a political here is now a county code one thousand five ten twenty a seven says the commission shall transmit to the county council doesn't just say a record recommendation it says findings conclusions and recommendations for and then it goes on to say essentially among other things zoning and things like that but also som the plan amendments and it said the time frame for when you have to do it but findings and conclusions we contend is the same as findings of fact and law that you're being asked to do that and what i would point out commissioners as far as your decision making today is is to ask what is it that the question is one of the reasons that a contested case is so valuable to a commission is it provides an opportunity for you to get a chance to really dig into the facts and understand them so let's talk about if you were going to make your decision today what has been presented to you actually that's substantive and i went through imports through the environmental assessment as well as through the  planning director's report that he's presented to you today and what you find is on page sixteen of the plan directors report as one paragraph that says dad look it's located within an area that's been  hotel we all understand that the community plan is multifamily and then it just says existing land development area largely reflects the settlement in the context the key mechanic community plan  f community plan member multifamily hotel is consistent with existing land use patterns in the area well that's what we would call a conclusory statement there's nothing supporting it in terms of the facts you have been presented today with any kind of but i think it's very important to point out not only was that a community process where there was a lot of deliberations that took place in the key a mechanic area but then it did go to the county council and obtain county council approval so that's an ordinance just like zoning it has in fact the supreme court and the appellate courts in two separate recent cases have dealt with the key a mechanic community plan specifically in cases that have come up  one of them was the gary case and the other one was we own a case and in both of those cases the public board says that they keep a mechanic community plan civically that one has the force and effect of law that means that it's not just another document of it's not just a document that is supposed to be aspired to as a force in effect the was they were very clear those are exactly the words of the so the question is what you have before you to make your decision or your recommendation to the county council which we contend is a very important decision and one that actually the contest a case process could assist with so you have the planning director's report you have one paragraph in the planning director in terms of why you should do it and it's  doesn't have any background the e a doesn't give much for one of the things it talks about is says well and we heard today from the victory folks that said well we're going to be required to deal with workforce housing but i won't  claim to fully understand the work for housing ordinance right now but what i will say is that there's a difference between twenty five percent which i think is going to be the requirement that they provide somehow either in terms of in kind all type family or  through through financial payments for that be done somewhere else because there is a point twenty five percent one hundred percent and that's something that the commission might want to dig into and that's the kind of thing that happens in a contest against process is that we have an opportunity to made that recommendation and why the county council actually approved it so the workforce housing is one of the main issues that's talked about in the on page sixteen and and that would be the part we just look at my no has to be in other words the other way that decree could have done this is that they could have submitted for a community plan and for so we would contend that based on the language that i provided to you earlier identifying what the supreme court has said is a final decision which is either a final decision where preliminary ruling such that the earl of review would deprive the claimant about what relief and when we look at the maui county code section that's related to it wished identifies that dismiss the petition to intervene and set out in that motion one of the bases for that because just on the c p a alone their petition are not entitled to the case for after this commission makes a recommendation it then goes to county council which then allows for protests so we would bet a public hearing here and then again at the county council and again when we have some may be another if hearing if if the commission decides to run for protection so we're looking at three opportunities for a hearing which they're not entitled to with respect to the environmental assessment it's my understanding if i understand the procedural state the commission's position that that is not ripe for review because we're not yet intervene you have any response or would you like to  to stay in which case he's just going to testify his public testimony that's my understanding if he's not going to argue the motion to stay then we don't need to address it from our  have let me just add one thing here perhaps it would be helpful either from court counsel or from the commission understand the commission's position with respect to the motion for the stay because it is separate from the position interv way i would just like to have that are sold so we just i just wanted to make sure you had argue that part of your motion and argue for or against the commission's inclination  need the if the commission granted intervention today then we would go into what the rules permit which would be the contested case process which would mean that you would at that point decide whether you're going to hire  hearings officer appointed hearings officer or be the hearings officer yourself and then we would set a schedule for the deliberation of facts for the opportunity for there to be facts presented so what would happen during that process is we'd have an opportunity to question some of the consultants that they create hired and we would also have an opportunity to present some of our own consultants or experts with respect to those issues and then a final decision would be made so that's  what the contest a case process would do and i would just point out that what the county council is going to do when they go up counsel is correct it will be mean that there will be a another public hearing but it will not be a contest a case opportunity permit that that's right we just were not you know the point that we would make out to the commission is that once this when in fact it goes from anti family to reach to the hotel there would not be another opportunity for us to talk about that so for example one of the things that we would get into if we were doing this is what are the chances for example that the victory actually after they've seen the community planning them th actually sell the property and who are the next owner be and with the next owner to be able to come in with a more intensive use them as being proposed today and we think the answer is yes that would be able to so we see a lot of significant impacts with as we said we don't think th enough that's been presented to the commission in terms of why the community plan amendment is warranted in this situation so that's what we would get into in the contested case proceeding thank and i'm sorry and says mr pearce race additional arguments i would like to point out that the county code actually provides for progress and there is a right to appeal so mr mr pearce the statements that there is no other people have stronger feelings than the other and testifies that we have here and this is going to be for the console and like you said this is this is i don't think this whole process that we wanted to be i think i don't think that he's been to vision at this point i think intervention this amazing proper time i think you know you want to intervene every single aspect but i don't think to me i don't think that they're special i think this is a bigger topic a bigger issue for the whole neighborhood and it's not just their so i think we have it with the motion on on the floor right now and we're in discussion not so we vote on the motion that's currently which is but deferring and then it doesn't we can always have new motions well not always that's what we're supposed to do  for victory development  upon is the environmental assessment so the commission is going to be making a decision on an environmental assessment that may in fact be found to be faulty or the findings of significant but fact that were resulting from that may be found otherwise that was  most clarify that are you saying that the recommendation is is is a decision is we're not going to solution today we're just making a recommendation to county council on well we have yes yes for sure it would be our position that the on the circuit court action request to the circuit court to issue an order for state we don't think that that's the place we think that the circuit court in a sense since wouldn't have jurisdiction to decide whether you will stay something or not we think that's within the purview of this commission but requirements you can have a condominium in a hotel zone term it's a condo ok thank you director for that but what i don't understand then is why in ninety eight it was changed from old family and was the only put this particular property was this particular property converted to the family well the whole only big whatever they call it super bowl lots i can't say there's a lot of consider all the information thousands are and they will make recommendations to the council to see in fact it will make changes to whether the planning department recommends said i thought we saw during the day as part of this they had the documents showing that they had had these minutes and all that stuff implied that purchase very close also stayed in there that it was multifamily that it was the moratorium is what is different with so that's an anecdotal recollection from conversation with my father who was at the planning department at the time i'm sure the planning department has their own records a lot of things happen if various times but i'm sure  there's information on it in the record but you know i don't i don't have the full version of detail of but that's generally what what did take place in preparation for the community plan they wanted to take a step back  and reconsider what was going on in the city and that's what they did thank you we sure do it has never been used again since standard that there was a temp our previous meeting we had looked into or discussed the possibility doing construction period to utilize the portion north south connector using for the struct is a white car parked here believe that's a single stall and there's hatched portions around it and so you would you would likely lose that in order to basically allow the southbound to continue  be approved by a public works so it wouldn't be taking any kind of angles that are not normally seen in traffic but yes it would you would basically go to the right a little bit in order to what's going to be a third lane basically not a lane but so that would be a concern of mine and how far back as your connector going to be acting like it's not none of that is defined at this point and just to back up the reason it's not currently defined is because based on the standards that are accepted for preparing a traffic study there's no medication required but public works did recommend this left turn pocket only as an option to improve the situation and so the applicants are open to it so it would certainly be fine traffic again the only the only action that has any delay is the property leaving the project driveway north or south erode in both directions there is no obstruction no signal no stop signs so they just past the projects like the only people who experience it to live are people who are taking a left across north africa to head south and south he wrote so basically what i'm trying to say to people who are currently impacted our current residence there's to be a slight increase by thirty nine more units where if you're trying to take a left out of the driveway you're going to have to wait for a gap you're going to take it right you just heard right into traffic going the same direction as you are and traffic on  unobstructed in both directions the only the only delay is if you're heading south and you want to take a left to cross northbound traffic to the right way and for that left turn lane is proposed oh i think it's good that we have like nine people on the commission because i mean it's a million different opinions but we're all about the same opinion then to be no need for the commission in my opinion the community plan was made with  put by the community for the minutes while they understand they committed wins can be changed in my opinion the changes be necessary for the community to improve the community i don't see that here are the only purchase property without discussion with the rights of the private property owner without consideration to me the community plan should be something everyone comes together and order comes forward i'd like that i think we can address later possibly to come up with win situation to make a decision whether or not they want to eliminate the drainage that they have on their property which is a real we have a lack of information regarding why that change happened in ninety eight i want to presume that the landowner did or did not know because we don't know the landlord or might have said can i get it so i can save in some taxes you know there's no research either way i mean you know if i don't plan on building there for ten years and i'm a hotel and you know maybe he asked for we don't know all you know all we know is that he purchased it as a as a m f slash each to him and  so now we're stuck here trying to decide what it is and where the planning department or not the reaction department and and with and with trying to plan you know instead of trying to react to what happened you know in ninety eight again with a lack of information from the from the plan department to actually know why it was changed i mean must have been bought up somewhere and some minutes would have helped i think save attorneys and save a lot of people cause there's a you know they want to intervene on just this one action it's it's hard for me to just go ahead and changes only i mean change of humans without any information and i think the developer itself i said i'd like what they've done with the heights the you know they've they've made adjustments they've heard us set up a commission before on parking and it's well within the regulations and what other uses have occurred is occurring so i don't see any problem with that i think the developer done a tremendous job putting together a really nice committal scenario that we have right now with hotels popping up in residential areas wouldn't take place as early as it is right so that's my perspective thousand and six and what she applied for was a district boundary amendment from rural to urban and a change in zoning from interim to our three as well as the conditional permit there was a lot of effort by the  the permits were granted the actions for granted at the end of two thousand and seven they became effective in january of two thousand and eight the first two actions the d b a and the change in zoning there's a permanent actions the third the conditional permit as you know granted for a certain period of time so the applicant did file a timely request for the conditional permit the process for time extensions for that is that the applicant sends out a notice of the request for the time extension to all owners  properties within five hundred feet it only takes one protest to send it back to the very original process when it was first to you and then to the county council there was one matter of protest if you see it's exhibit twenty  two i don't know if they're here today or not i know they're part time residents they did know about today though and there's also been six letters of support one has been handed out today that i think you have in your packets i'm going to turn it thank you gina i'll try to be real quick as well as gina noted just to just one of the comment this first hearing that discussion that just happened earlier one of the reasons the applicant had to come in and do the change in zoning  and the district boundary amendment was to bring it to the property into compliance with the community plan designation which was a single family the underlying zoning was actually apartment and so anyways there was kind of a mess and i a nation's from way back when and so they got that cleaned up they also came in and got the conditional permit back at a time when people really wanted doing that they were one of the first people certainly in the while a mckenna area that actually got their property legalized  it had been operated as a bed and breakfast with a member of the family actually running the property he lives on our party with people that are doing a traditional bed and breakfast there in the ninety's and through the two thousands this family has since  kind of reorganized the ownership of the property and they're using it as a transient vacation now again they got it legal as one of the testifiers mentioned earlier today it's a way it's if was was a way for the family to keep the property in family ownership and to use it from time to time and generate some income to pay taxes and a mortgage and the property taxes alone are like twenty thousand dollars a year so this became used for transit vacation rentals became a very important component of for us a part of the family being allowed to keep the property in their hands the property is modest in its development there's a lot of the lawn space there is a credible use in the setting is just many may have some of you may have been down there it's not like the surrounding owners that have really built out their problems all the wall concrete so it is kind of a nice refreshing  break in that typical developed developmental properties in the area if you see some of the testimonies and support letter from the protective coal lobby ohana at the end of the report i think is a really powerful  and and so what we would like to ask for you to consider is the staff has recommended a twenty year time extension we would like to request that the language be worded in such a way that is twenty years from when the ordinance gets approved rather than twenty years from the previous time period which would have been two thousand and ten but anyway so if we would like to have it twenty years from when this new extension gets approved so that they won't have to come back and so i have i'm i'm familiar with the letter that came in that was opposed and i'm very familiar with the property having been lifelong friends of the legal highs and if you have any questions i can can answer any of those technical questions that's all i have ok this time we open it up for public testimony anyone that would like to testify it this time they do so a lot more probably oh just a brief  we're recommending twenty years from the effective date of this ordinance we just want to make sure that that means it's from when the county council passes the time extension ok thank you for that and that's the only recommendation that we have they need to supplement big care of their property so i'm totally for the motion commissioner les i too have seen the problems before but when local people have lost their residence or can't stay there and i'm glad you guys are doing something to retain that there's not too many landowners from our past that still in the properties so the question i don't think i have an answer for that we've done twenty years for other types of permit if you're a director has off the top of his head director just  transfer by ordinance provided that the transfers of ownership to and from an individual owners revokable living trust in the assumption of the trustees duty by his successor trustee including but not limited to exercising the rights of stablish on the conditional permit shall sold to somebody that's not a part of this revoke of the living trust then it would go back to the county council for approval we even here isn't there a short term rental home ordinance why aren't they applying for a short term rental home permit well that's because the two applicants today  they own and paid to pop a little so we have two phases out there how it was ever developed it goes back into the annals of history so we have one hundred one of  owning there however is project history there is no mention of short term home rentals in project history they can't apply for s t r eight therefore the remedy is hearing here today similar related compatible to other permitted uses in the district so that's what we'll be looking at today so pineapple hill is dead phase one no problem apply for a net c r each in fact three have been granted is are currently operating their base to however has project going they have to apply for a conditional permit and whatever recommendation is made today is the recommendation to the council  this is just an overview we might be using later if diners need it but this is phase two these are a side lost lots that are larger than in phase one certainly there are differences between i think the only thing i want to add to that is how is this different than a search around oh well the department wanted to keep in the similar possible so that the process is different we tried to create the same and product where the t v are going to look exactly like a short term out and we did that through the condition until we get to the recommendation they can explain all of that minus a lot of conditions on there that make it look just like the short term and so with that being said i'd like to turn it over to the project consultant with as has already been pointed out the applicants are asking for the use of a four bedroom four bath told for rental period of less than one hundred eighty days at a time they are asking  permission to use their rentals in consistency with the subdivisions c c and r s and specifically are amenable to a condition that no parties or events may ever be held on the on the property as purchased outlined the zoning here is unique is the high end of project district one now i wasn't around when kapalua was developed type there are some unique districts with these quarter acre lots of these luxury homes terrace that's actually agricultural zoning so go figure and this the zoning is actually multifamily where you have these very large estate homes on half acre lot so that's why we're here for a county conditional permit similar to the little vies permit that was just you know through some work or an extension of the area where this is located is in the kapalua resort and as you kind of already saw from the from what her chose you there's two phases in pineapple hill phase one and face to face one has ninety nine lots that are about a quarter acre apiece  monitors the visitor access to to the property most of the homes in both developments are used as people's second homes in phase two twenty one of thirty one of the homes are owned or lots are owned by out of state owners the resort transportation for kapalua comes into development again extending how it's just part of the capital resort and in phase one to two day there have been reassured terminals home permits that have been issued there are some other applicants in phase one who are also going forward with we short term in the home for me and to my understanding none of those permits that have been issued have generated any complaints or any any problems so again the applicants purchase this four bedroom four bath luxury home utilize as their part time that patient home and also part as part of a thirty one exchange for those understanding tax purposes the idea of renting it out was in their their thoughts when when they bought it and specifically they have never operated as a short term rental home they purchased the home they contracted me to help them get through the permanent process  and were here for you on the athletes do intend to reside part time on on property it's one of the reasons that the applicants chose this development and this home was that the c specifically affirm the ability to rent and the conditions upon which they would rent short term now the c c and r s will never give them the ability to do something that the county has and said is is legal to do and that's why we're here before you but when the c c and r s were developed clearly the expectation for this community was that these homes would be useless in this manner and  the first part of the ceasing ours is is written here and that is the lot of shall have the right to rent or lease their residences subject to the limitations that forth in the declaration by law and i highlighted the next one which is each rental or  lease period must be for a minimum of seven consecutive nights each rental residence is limited to having one rental period during any calendar month these owners expect that the rentals that they would be having would be two with three weeks and maybe seasonal type rental someone coming in for as long as five months at a time that can't be done without a permit so if you're going to going to rent your residence to someone for the period of the winter season you need to get a conditional degree to do that ceasing are continuing and you have these in your packet they go into very specific about exactly how they will manage the short term rentals owner currently rents are intends to rent its residents must register there's a registration process outlined here they give the criteria for which someone is is expected to be in the rental business based on what they've done in the past in registering their homes lot of owner shall provide the name and contact of at least one agent on maui will be present and represent the owners available here for you but i will tell you that mark manages other permitted short term rentals in west maui and is compliant and knowledgeable about what it takes to properly that the guests and make sure that someone reading this property has understands all the rules have to go along with  property or are properly activated again if they're non compliant with this their specific rules to say you're going to be fined if you don't follow these rules for the short term reynolds in this in this  jump into the property itself you can see from these pictures the type of home it is which is consistent with all the homes in this neighborhood they're high end luxury homes with beautiful views and swimming pools and  fancy bathrooms and such so we're here about conditional permit and i won't belabor the point per already pointed out exactly the criteria that you're supposed to be evaluating that the use that we're asking for similar related were compatible with the other uses in this area and that the proposed use will be in harmony with the area which is to be located and that there will not be significant detrimental detriment to the public convenience and welfare as far as similar related incompatible i would assert that use that these folks are asking to make their property is identical if you are an owner living in the property and someone's renting next door to you you can say that's not the same as as the way i'm using it but if you are a second property owner and you're using your property as a as a vacation home and you're only spending a portion of the year here which is the case for most of the folks who who are in th best to do here there is precedent for these conditional permits currently there are twelve conditional permits allowing short term rental use that arac three were issued because the use that they asked for was more bedroom s were allowed by the b and b or s t r ordinances b and b in the two are ordinances pop out on six bedrooms so there are three permits where there were seven bedrooms i think oprah has twelve bedrooms on hers and so some were work wanted additional permits that were previously granted some of them were converted to short term rental home permits some were converted to be in the permits however some just like the one that that you just approved the extension of status conditional permits and they have been renewed as such gina will go over the permit conditions but i just do want to point out the permit conditions parallel our short term rental permit except we did add some additional conditions sound audible be on the property boundaries is prohibited at all times quite our shall be maintained from nine p m to eight a m that means talking that means being allowed in the for the parties or group gatherings and a sign shall be put up so that anyone with an issue has the information as to the number to call whether it be to the county to complain about something or whether it be to the manager to say hey take care of an issue that you know might be ongoing the specific conditions related to the c c and r s in here are the rentals shall be limited to one rental per month of at least seven days that means a maximum of twelve rentals per year they can only have one per month that begins each month for the most number rentals they're ever going to have it is twelve in a given year and that the applicant shall provide their information of their manager and so forth through to their neighbors so i thank you for hearing me out on that i know there be some some public plain out the hand and just make sure everybody understood what it is i know there's not a key to it so this is in the staff report but i updated it to show that we got two new letters so everything in red was a protest letter and then the number corresponds to the exhibit where the actual letter is so there's a star for the one that just came in for somerville they're good there was a letter of support is so it's a green so in total we have about thirty lots in the neighborhood of about seventeen protests latter one actually blocked with the protest one hundred dozen three you see that is number twenty six there was one letter of support two of the lots are requesting the use and then you have eleven knots that didn't have any comments on th way in north of the phoenix park we have been a full time residents in this neighborhood for over fourteen years i was taken back a bit when we received a notice that an application for use or other than what is permitted by those on was by store and wonder how do you even got accepted over the counter there is no need for additional transit rentals in this area why would the county consider granting a c u designed with off street parking to allow and accommodate rentals with no special use permit required our neighborhood in phase two is unique and different from phase one to the north in that these lots are twice the size and all homes individually designed there is no provision in the layout on this side for all street park which alone should be reason enough to deny a transient rental in our area by comparison the hundred plus lots of hundred lots in phase one element are half acre in size with program in the beginning years after opening my point up that phase one was done ten years prior to these two and phase two obviously they are a lot it's not comparable to phase one phase two is just not set up or compatible with the transient ronald attempts to circumvent the zone and county requirements have been made with disastrous results we live they paid a lot of dollars and don't and most runners don't have consideration for the people that do live there and i take exception to the fact that there are several of us that are full time residents in our area and who benefits to applicants one of which has been a violator of the county and h two a regulations in the fast food is does not benefit who is harmed but you have at least seventeen letters for you from most of us that care to keep this neighborhood as intended and we expect there are additional there is an additional five vacant committee that we have had several illegal renters in our community and we definitely have even had taken pictures of as many as eighteen people checking into a residence at one time and how the property managers think for one second if they're going to be able to control how many occupants come and stay in these residence and control the noise and control the bands that might and we've had that happen as well is just absolutely ludicrous and i don't understand how they think that they can get away with saying all these things that they will be able to control it's obvious to us that they cannot control it we've had neighbors that have moved away with ailing husbands because they couldn't stand the rental properties on either side of town so they just gave up our management our property management is not able to control what is going on right now with especially with the illegal renters who are still renting a legally by the way and the council and i don't know if the commission is aware or where these people but  they've been a real thorn in our side for the last two or three years now but and like i said our management is not able to control it and neither has the county been able to control it and you can find these people what would change nothing would change the that's was my point unfortunate that was my point making my point of the property manager saying that they will control only eight people and absolutely no bands and there's no way that they can control all that hoo hoo or that we're going to call at eleven o'clock at night or ten o'clock at night when we're have being disturbed or not we'll call the property managers but by the time they arrive it's already impacted our our management office it's already impacted our security it's by the time the property manager gets there  my home is directly girls in this location had been so non owners a full time rental residence to our gated community on a casual short term basis will drastically impact the safety and security of our community and that's sherman statement and that's to twenty cris is anybody that you know of and face to part of the part of the might want to get on and i will i will want to say one more thing i am a property magic short term program manager and i will confirm that when you're checking people into residential homes there is no way to tell who is checking in we we actually don't re everyone else in our neighborhood thought knowing and relying upon zoning going back to the one nine hundred eighty s which does not allow the t v yarning face to was added to phase one and vice versa to permit applicants for that september twenty fifth they could have bought in so many other neighborhoods with a loud t v ours the apparently hope with your assessments to get a t p r income  ut paying for a t p r permissable property they don't respect the existing community standards they hope to make money the expense of their neighbors state mo uniqueness that's just fact on the surrounding environment cannot be determined and advance but there's no special impact or uniqueness here just an opportunity for a new owner to profit to the detriment of the needs they propose to use neither similar related nor compatible just to violate the intent of conditional permits as expressed in the cup we have right now that we have personal experience with this across the street and unlawful t p r which county has been perilous to discipline we know from experience transients don't know nor do they care to follow the rules of our community and i understand that at phase one which has parking your as it is known for t v artist face to have some narrow roads and no parking areas because we are not some for t v or the road safety issue lord help us of emergency vehicles need to pacify a t v ar say about their disrespect for this commission and for the law why should you trust in the if there are other assurance we're scared and look at how many of us just have filed letters protesting this application we don't spirit of the land will tell you i hope to reject this step would you please protect writing going on that's been made very clear to me after the fact and i think what you're seeing is a response to the legal threat there apparently is that one sixteen which is was just pointed out people that have been holding events having fans having lots of activities that is a story of the neighborhood without question runner a runner has every runner has in the party asked to sign a form saying he understands the rules we recognizes that he can be fined and they recognize that they can be addictive there e what we're going to see is two three longer periods of my intended to do it strictly by the books i won't violate i mean i won't tolerate any violation of the rules mark my shallow place he said earlier wanted to be here today he's got five rentals today that are short term rentals he's never had a complaint he's available twenty four hours a day he's person wrote a letter and savior of short term rentals also is interested in doing so is the most we're going to have for five short term rentals out of thirty because everybody else is opposed to it so clearly they're not going to apply for short term rentals so i think that disturbance to the neighborhood will really be a minimal amount and i request that you give a chance a lot of these two and for a year and see that they were referring to one so not one hundred one sixteen there's no question tons of complaints lots of issues i don't know about the stoners let's find out by asking  that bought in space two thought they were protected from rentals because their zoned multifamily and based on that the c c and r s applying to phase one allowing one rental per month they thought they were being protected because they were a different zoning so when this comes up asking for special consideration that they thought they were protected from that so that's my question how can they come along with just saying well we want conditional impression reynolds from we are in phase one which we knew that's a different thing we knew that there were rentals one per month purchase but i speaking for the people that purchas find is is is imposed by you know i would assume it goes to the community for me that's what i would think too because they're the ones who are suffering or people around them are the ones that are being opposed upon the l and you don't mind being here three to four months and and all your neighbors really can't stand you because it was kind of what i did you know that's a very good point and until today i didn't understand how strongly everybody felt about  that i am concerned about because i'm out in the wrong foot i've met other neighbors and they've been very cordial and i think once my neighbors get to know me and and we've got a year with no complaints they'll say hey you know if you're  to seem to be pretty well off financially and for the two point two vacation rentals and what is your situation that your reason for you to get into a vacation rentals obviously i'm not quite as well off as most of the people there but the key thing is that i have to keep it as investment property because of the ten thirty one exchange i can't not make an consider a commercial operation i'm not sure i can answer that question also of course read the part where i said you can rent once a month for a minimum so that's what i base my but pertinence is recommending with the addition of twenty six conditions that you recommend approval to the county council if you'd like i could quickly go through them it said you have a copy i know the neighbors don't have a copy as the commission reviewed all the conditions because i do want to claim that we're only off for only recommending one year when one year for the term of the permit director and just a little bit for the commissions information conditional permit pointed out are cannot be determined  have thirty lots to sixteen or of those who are vacant seven had no responses you have eighty four percent of the respondents opposed to this this is hormonal yes i think this is actually the exact opposite based upon the fact that asking the question to freeze to residents they were not really actively involved in the c c m development of the c c on our which i think is a major concern of all what's happening  i was just going to add that as a neighborhood maybe this would be a good time to go back revisit your c c and r s and you know it is confusing you got the seven days in the c c and r s which led the other gentleman to maybe believe that he was going to be able to to do the vacation rental on the ten thirty wind so i would really strongly since everybody feel so passionately i would really really recommend that you go back to your association together and work on your benefit the project it gives me cause for concern this particular perhaps the most impressive i've seen so far in terms of opposition to the patient and i think it's kind  the requirements for the application for a conditional permit a game an explanation an overview of my we're here today and i'm happy to answer additional questions but by the time that if i stay in or continues with her presentation then you can ask me questions specifically on this of where our property look as located again another regional location hell we have an aerial photo of that i'm just going to whip through all this because you've already heard that our main house is a single family home i was felt in two thousand and eight we purchased it as a family vacation home around an on island developer and architect it was mentioned that the house had been rented and when we purchased our home it was rentals that were that came with a home the garage at all hours and a large driveway however with the restrictions on the amount of people that can stay in our home and the amount of people that we would only want in our home would be no different than ourselves living there  friends staying there is wheelchair accessible only and it works well for that so i just think that's a unique opportunity for rental  side of his home it's a driveway and a good wash the front of his home so his living area is on the other side of his and thousand square foot home so our areas don't really has properties also about twenty feet below us and i'm not sure if this is appropriate time or not to the fan and the statement that we had in his letter he's he suggested that we had noisy parties there that complained about his construction and then went on to party at our home is right actually our friends that were there and they didn't complain and they were doing and probably on our behalf because his construction went on for four years and in our in our neighborhood only actually allowed to build for a year and a half we never just say also to the north of our property is a large ravine and to the south behind us is cross a few road and the highway so there's nobody on any really those two sides of our  property the other neighbors closest to us are cross the road it's sure a member it's the other fellow that would be our neighbor and he's actually across the street from us beyond the five hundred  by and ours i personally don't see how renting it to a family is any different than ourselves being there and we wouldn't are large driveway to park hopefully only two cars in the thing with the garage and as stated by kurt the reason we are looking for a conditional permit is that when we purchased our home it came with these rentals when we have done the rentals they've been in a cordon with the h o a by laws we've submitted all the required taxes on the rental income hill as far as the comments from opposition the quality of gas seems to be a major issue this this house is our home it's our home away from home and we wouldn't want party or stain on our house we would allow that we we wouldn't want children under the age of six for wear and tear  we aren't looking to operate it as a money making facility it's really just to offset some of our costs of running a large second home we kept me there full time primary home is in vancouver so when the house is not being occupied we would like to run to the out as far as no noise have a a lot of parking area for people staying in the home and also like it said the maximum you're allowed in a choice is eight people staying at your home i would not f seen more than two car staying at our home which would be no different than if we're using our home as well as our grown children and then the zoning early we were in the same boat as theirs where the seats in ours clearly allow regulated short term rental what we're trying to do is just we're just trying to be upfront we're trying to do the right thing you know per met and do it all legally unfortunately one sixteen who live there who seems to be the big detriment to this neighborhood that's why they're not here they're not applying for for permits they are just doing it legally is not our intention we're trying to go through all the proper channels to acquire acquire the right permits and that's about all i can tell you we love maui we'd love to spend more time here in canadian we are restricted we can be here six  a third child is in university now so we see ourselves spending more and more time here when she graduates doesn't that leave it to you to ask me questions thank you for your time six conditions if conditions parallel that would you look at before and it would be our hope that if the applicant followed those conditions to the strict letter of the rule if the applicant followed all the d c in ours that pineapple ill that this property would be similar to that of a single family residence in a neighborhood that would only be one group there would be people who would value their army who would be a quiet neighborhood and people who were in that home would respect the neighbors so with that our recommendation would be for one year to be please do you have records of the g e t's in the ph for this property they have they have paid in they have they have their licenses and all that i don't have the i don't have a specific a six tax form that they file a canadian tax form been i asked that if they had david to show me their numbers so i have every reason to believe they paid all of their taxes in the past we didn't was what would g t s canadians right but they do have a twenty eighth ten twenty ten so for five years you haven't noticed any difference in traffic or you will for an artist we're here in the forty fifty cars parked on our street for from ladies construction difficult to print you have to get the president's seal of approval and it's hard to get on that board without every really increasing you something like pineapple hill is of a different every person who short term rentals and i have in fact i understand even the owners themselves when they come on the residence on property they have to sign in so they have to sign themselves and i'm not sure that in the case but indeed they do have to sign and other people who are short term loans so if i'm renting go to the office and i'm i'm here i'm a short term mental in here is my short term mental i just have to present myself so they know who's there obviously was a lot of opposition the came but i think the department often times and think if objections are based upon the possibility of if there is such such convincing evidence that there have been problems there have been requests for service there have been complaints there have been police out there then we would move then into the denial but on certainly on  clear we can see that on the steiner we did see that there was a rental but we never saw any police reports so that's it was in the balance but we've made on the balance of just one year and as i if they were to get this permit a year from now they would have to reno has all the neighbors within five hundred feet if there was one neighbor that simply said i don't want this in writing that we come back and go do this again thin neighbors right i mean these african seem like very nice people it may have gotten rid of some of these i don't know i mean i just would see some department would do for their applicants and say look you got all these complaints this is not going to fly i mean this is press in an amount of complaints but opposition letters you guys might want to go talk to your neighbors and here's a map of their neighbors to go talk to send we do send the letters of opposition as they were coming in i believe i gave fair warning to certainly miss harding who is the representative that this will be an uphill battle because i know we approved ones with denial letters with multiple denial letters but the applicant went and talked to their neighbor and they hashed out whatever their did whatever their problems were with their neighbors who don't live there so we visited their them and their neighborhood to figure complaints if you have this the condition permit is just so open ended is it similar related compatible and we have to say well yes you have you have people that are opposing because they think this could happen but if it's operated like a house with all commonwealth or desk or the department ok there's something called the request for service which is the online complaint system there was a complaint filed way back in two thousand and there was an r f s that was filed for a short term rental  in september of two thousand and twelve for the signers just that they were running an ad because there was a v r v o website and then that was taken down and i presume they're going to stop so that's the only evidence that i've ever seen of specific requests for service so we took the supplication you assumed that it was going to be that bad because you know in have these fifty people opposing prior because they never complained about the rental to the county we knew that we knew that there was some opposition it grew after we signed the staff report for the room but at the same time you know i think and then we have the push of trying to get everybody legal which is which everybody is for my concern is from august twentieth when they apply their mouth to continually operate without a permit that i don't understand  been around do you know why you have to name but yeah he he was a pretty tight ship when it comes to this kind of thing i mean we've gone from when i got there four and a half years ago to having ok if you have a you know if you're renting thing came down we've always allowed it for if it's one seven days once a month you know it our biggest problem up till then was we had people that did it more than once a month when they did you know but it was always allowed when i first got there so the problem was just people that multiple did multiples throughout the month and that kind of thing that's another question as they rose the manager has a responsibility to check on these people who were victims from rentals to see whether they have a permanent or not well actually that's interesting that's come up in conversation amongst the board i have asked that question multiple times i was told that we follow what our c c and r s have to say and that's and that's why i think it got confusing once this ordinance came down and that there were as a one place that you had to have a permit i went out there and let everybody know time to get a permit and but through the association and i am governed by what the board tells me to do document that you know we were provided with today i try very hard to measure it just from the standpoint of what it's legally provided and whether or not we are doing our job relative to  disapproving or recommending approval or disapproval in this case i was open minded up to the point where individual neighbors came forward and spoke about the problems that they have i think when we find a transcript vacation rental that's out in the middle of nowhere that nobody can hear but it can see what it can get irritated about because traffic from my perspective that's perfectly fine  of the various communities and we kind of highly believe that whatever's in your c c r is what goes along and apparently you are already involved with phase one which is a little different apparently whatever as to the character of the neighborhood etc etc c c and r s are private contracts between property it is not a contract with the county it's not a zoning law it's just pertains to whatever those homeowners seventh of twenty fifteen as that was one hundred nineteen days ago and as you folks know according to your rules there is a hundred twenty day period where the commission has to make a decision either and if not then it automatically gets approved so having said you danny thank you commission your purse with me i've been before you on this issue and many others again we're back to borrow a short term rental home application and i want to review just a bit of the history of this application june two thousand and twelve was when the short term rental ordinance was codified and the mayor signed it into law and immediately scenes contacted me and said we would like to make an application for a short term rental i system of putting together that application which since i submitted to the plan department in october of two thousand and  e upon making application you sent a notice to everyone within five hundred feet and nine letters of support were received and four letters of protest it was those four letters of protest that  remanded the decision on this to to this body so on october eighth two thousand and thirteen we had the public hearing for the commission the department recommended approval of this application we quorum on that at that first meeting and a question came up at that meeting about whether or not the lot that provided access to the man who was state subdivision where the where the property is located  came up and a deferral was taken at that time so that we could investigate that on november twelfth two thousand and thirteen roughly a month later we came back with the answer to that that in the plot was not part of the meadows and the commission deliberated at that time and did vote in a split decision to deny the permit the decision in order feb nineteenth two thousand and fifteen judge lewis remanded the application back to this planning commission citing the planning commission had violated h r s ninety one eleven on october twenty seventh of two thousand and fifteen we have the second public hearing before the commission and at that particular public hearing we had seven commissioners who were in attendance however only six could participate because one of the commissioners brought anyone in they said we're going to do this right we're going to follow the law get our permit even though i want to express there is no way anyone could ever know what's going on in their property can't see what's going on in the property  and hear what's going on on their property unless you are on that property but you have not operated during that period there are some things that have been said meant to pull times and i just feel the need to correct the record the roads that serve mountain meadows are in no way shape or form part of mountain meadows they are maui county public roads and the use of them is not at all restricted in any way shape or form to the residents of meadows just as the roads outside here are not restricted in any way to anyone who just lives in the area mowing that his neighborhood associations did not meet the council to limit the number of short term rentals meadows i was on the board of the association at the time and individuals who also were on the board lobbied as individuals but the maui meadows neighborhood association never took the position with respect to short term rentals in maui meadows that will be irrespective of this issue because this property is not in mt meadows on the bottom is the root of the the heart is going to show this this property as they would come through mountain meadows the owner folks who did initially it got represented that this was a thirteen foot fence it has never been never was a thirteen foot pole it is between seven and eight feet tall as these pictures show it was represented that this cut off  there freely flows through the louvers in the wall another thing was put out there that the epstein's home took away the views of the neighboring properties this is one of the neighboring properties one of th folks who this is their second home their investment home that is for sale and it points out that at the ocean views are available from this mountain meadows home so in no way shape or form  that they are generous sponsors and in maui they employ many people to keep up the home and you had oral testimony and testimony as part of this application for more than twenty five  residents they did open their home to the folks who have any interest the neighbors with five hundred feet to come view the home come in express your concerns i did this twice before  they made application they sent a letter to their neighbors saying they were available if there's any questions that you have and they did this after their there were some issues expressed by some of the neighbors they also taken steps to ensure that the audio system on their property can never impact the neighbors in any way shape or form the volumes are that's precisely the way that someone renting the property can not turn the volume up to a level that it could ever be heard at any time by their neighbors they've also since the last hearing implemented a proposed additional rule in their house rules and this is on the table in accordance to special volume restrictions related to the terms and conditions for the property short term rental home permit as specified by the county administration no exceptions allowed these conditions are signed by every  guest they have to sign because before they're there they're able to take possession of the property so you know that that's going to happen again for the sixth time standing here we asked you to give these folks the chance they have met every one of the conditions of the short term rental were they have met and demonstrated their agricultural uses for the actual use permit and they really deserve the opportunity to show that there really is no impact to that biz not only do we all have hotel industry experience but also again more than twenty years experience managing apartments in resorts and private homes were in fact board approved as rental agents on does w a there's been no complaints about them and some of them have already been renewed successfully i just want to mention that over the years i've been contacted by many many homeowners on this island about renting their properties and i have turned down dozens and dozens and dozens of calls and inquiries from homeowners because i believe their properties are not appropriate for this type of use and in fact i've heard from people including celebrities who who recently even have applied and then find it kind of funny that i'm the one who's saying no and being more restrictive and some of these homes are actually being terminated so i just mention that because it shows that i take  very seriously and i try to be very responsible and only do good business i do believe that there is a need for homes like shambala for very limited sporadic use and it is for people who need privacy but basically not being in a public place and i think serves that purpose for nice families for celebrities people need some privacy and i just happen to think that it's really an exceptional property for this purpose it's quiet it's supported by ranch land on one side it's well then it's not a thirteen foot the fact that it's a thirteen foot well this mention this tom's i don't think tom mentioned that it was is managed impeccably by the owners they really really care about providing a beautiful home and in all my years twenty plus years of doing business on the side i've never met kind of nicer people so i really hope that you will consider giving them an opportunity i pledge to do a responsible professional job to make sure that you never hear about this property plan that there's no problems and that we only offer it to very responsible and  recommend approval of the state land use commission especially use permits subject to six conditions and recommend approval of the permit subject to twenty three conditions and you think you to thank you for your time we are grateful for this opportunity we are very grateful for the time you volunteer on this planning commission i know it takes a lot of your your daily life reading through all the material and attending these meetings as we bend art of several of them so i'm aware and we appreciate it we started this process of applying for the short term rental permit more than three years of course your where in that time my husband's gone from his sixty's to his seventy's i've gone from my fifty's to my sixty's a few more white hairs thank goodness for hair color i'm very grateful for that also well not always an easy process we have learned and grown because of it terry and i have laughed and cried during our journey we have   but it was it was very touching and meant so much to us it's amazing it's amazing the bravery because i know how hard it is to stand here and talk to you so no how has been very humbling and heartwarming to weep with witness the best in human and the worst thank goodness it's been more the good and the best side of the humans we looking at your application if i think everything is ok for my standpoint except the part that keeps coming up with sound for some reason you insist on having sound system outside when you rent the facilities and i recall in your earlier application that sound level is something that travel so it's hard to control and i think if this one of the things that you had agreed to on that you would if you were at home and you were listening to music at whatever level this is not a problem but when guests come then there is a major problem we receive the letters of complaint from the four neighbors we were unaware that there was any sound issue on a problem on our property when we read those letters we hired a specialist to come in and look at the speakers we had around our pool and they advised us that there was no technology that we could install it was very expensive to install the speakers we had to remove the old ones and put new ones  that she could experience so don't give me comments on what it was like and she said you know we can't hear the music in the unless i'm right in front of the speaker and i said but that's as loud as well out so we do not want the sound to tra past property if they would put up a picture of the properties again i could show you where our house is and our pool and it sits between between the property and the complain epstein on october twenty seventh this year when we did a presentation we had somebody here that showed that he was at our house and that if you when you're gone and somebody else is in there as a guess right i think that's a lot of media big can not change the programming and we're trying to avoid someone bringing in their own amplifiers pull because they have if they have missed any meeting and they have a prize themselves a what happened at the museum missed by reviewing the minutes  quite ok so just very briefly i know you've seen these before what you're doing today you're adopting the what's in the document it's what regularly happened that day this is your opportunity if you want to add any facts to it you could go ahead but you're not really proving your decision you're just affirming whether what's in here is accurate and correct also then there's some unfinished business with walgreens and then we're going in the directors report will bring it to you