several issues that we have requested during the design process that still concern the community these issues are not present and must be addressed for the safety of the community and the future success of the project one most importantly bike paths need to be separated from car and truck to hit with traffic as shown in our case she wrote guidelines a designated bike path it's much safer one path and be run from the lower drive on what street then turn on the east side the wetlands a bike path here will keep the big win population from establishing itself in the area near the wetlands of old structure a second fast can months on the low minutes good morning planning commission brian mccafferty teens on call work skills training program you have a letter in your packet that we wrote a while ago and the reason i'm here is over the years our programs were going for twenty years the last five years we have increasing number of young people with homeless parents so i'm concerned about this  applaud this experiment social experiment or call it for the camp over on the west side my letter says this letters to support concept i'm planning for the social experiment to be known as  to be situated on private land awful place by the entrance of a line about a bypass there initially be eight camping pads with shower toilet facility resident manager the goal is to provide safe sleeping space for selected individuals  there would be a nominal charge plus application and selection process which is the key i think to the success of this is a selection process that would include the amount of people and include everyone who is a stakeholder in  neighborhood to weed out the type of homeless people you don't want the addicts there is a number of homeless people that are not attics they can follow the rules and these are the ones who are advocating for the experiment to see if will work and if it does work it can be a model for other parts of the island to serve these this segment of the homeless population help them transition work with other agencies and so forth so unless we go out on a limb sometimes you can't pick the fruit you got to try something instead of just talk about so i pray that everyone here will be compassionate this is compassion in action to try something like this and i know i've known the land owner restaurants and became a school teacher you know taught in high schools he's a compassionate person and that's that's why he wants to do this is costing them a ton of money and time and and plenty humbug sort of but he believes in it because he's a compassionate person so i pray that you folks everyone here who's opposed to it will try it for a year the conditional use permit is for a year i believe or something like that is that correct is it's a limited period of time so you can see if it works and if it does work then you can have a model up and have a model for other parts of the island to serve this segment of the homeless population who deserves a chance to transition thank you very much thank you and the questions from commission see and members of the commission aloha thank you for letting me share my comments today from our organization on the campground sites basically you all know that there was a twelve percent increase in homelessness in just one year between two thousand and fourteen and fifteen here on the island of mali alone we now are the state that has the highest per capita rate of homelessness in the entire nation but our problem isn't the homelessness our real problem is the lack of ability of our government to pay for solutions to homelessness there's a fiscal crisis both of the state level and at the county level we've documented that yesterday a governor announced a committee that would come up with new solutions for homelessness but he did not point out funding sources here is a solution before us and that's to take a look at what's going on nationwide we have surveyed municipalities and states across the nation and have discovered that there's an emerging best practice that practice municipalities and states allow the private sector to move in and take initiatives to solve the problem of homelessness and that's exactly what we have going on with right now there are several benefits to the project i that the opportunity to look over the design i've gone to the campsite benefit number one it helps the poor and homeless at no cost to the taxpayer number two it protects the property values of condos and homes in the area here's why these condos and homes are already experiencing vagrancy from homelessness but nothing's being done about it and this problem is going to increase currently in waikiki a solution has been developed businesses are paying private services to meet the needs of the homeless in order to get them out and take care of their long term permanent needs eventually condo owners and taxpayers are going to end up paying but is part of the solution of the private sector that will cost nothing to the public sector there are some clarifications that are needed and i think they're important first of all this is not going to be a tent city of homeless quite the opposite it's going to be a professionally landscaped well maintained venue with pavilions called pots in which there is dormitory residence secondly it's privately owned property which means we don't have the problems of the state you can evict people from private property you can have private security you can have a level of management that's not possible in our parks and so forth in addition it's not permanent it's transitional housing and it's a center where the homeless are connected to health services mental health services and other needs in closing the gra institute makes the following recommendations number one approve this project number two look to it as a short term start up an experiment that can be reproduced number three think about incentives in the future for developers and finally i'll close the campground i'd like to share something that i here too up to now has been invisible or in all of all and what i mean by that as  i think i have i could add to the solution or to add to the a laying of fears of a lot of people who are against this stuff i have been a part of a small local church in the last twenty years and our our main mission is to rehabilitate people how we do that we have outreach is community reaches we have youth camp we we invite people they sign our invitation cards after we get the cards we go out and visit them we have a one on one talks we follow up with phone calls we invite them to  our services we pick them up in vans when they come into our services they meet a kind of family there with open arms and if they keep coming back all of a sudden they get this concept of on hanukkah of people that care about them we already know the problems they have we know their circumstances but our mission is to rehabilitate to instill confidence in people that who are down that they can change and they can make it and they can become an asset to the community rather than a perceived if you will so i would say today that i'm for the project and i would ask you to consider this added dimension of helping to make people better to have a better commune i don't you wouldn't have so much fear of people you can deem as being vagrant or  personally don't with drug addicts and mentored drug addicts and broken marriages children without parents who are in prison and i'm happy to give you an account of many a wonderful stories that have come about not all our stories have happy endings but all i'm asking you to give the program a chance thank you very much thank you that's our next gen i don't see you have a chance to testify dan or you can choose to testify now but now both procedure we the planning commission opens up public testimony as a courtesy to people who need to leave you know the need to go to work or whatever but still offer them an opportunity to testify people can testify on any agenda item at this time but you only get to testify once you can testify now on any agenda item or if you as your name  called you can you can say no i want to wait till the actual agenda item is called this is the agenda item that i'm testifying about but didn't you just mentioned there's going to be a presentation before yes right now we're just in public testimony ok and we will go through each agenda item one of the time and there will be additional public testimony at that time but you get to individual members of the problem and we will have additional testimony at that time but everybody gets a chance to testify one yes after the presentation you'll go ahead and call in order people who have signed up for that particular agenda that's correct ok i'll wait for the presentation sorry joseph result ok yes please actually and in january twenty four teen i was in college at the university of hawaii and doing pretty good i did everything i had to do to get into school i got my tuition paid any kind of debt i had i had arranged to get paid payments for and it would happen as i got stuck outside i got stuck outside and it started raining and it was bad begin and now back here and i have a mate some friends while i was here last time i was here in least one of them and i've been working with her helping her do research on this homeless thing and for know it's a good idea because you know i'm trying to better myself used to be drink real heavy i've it was alcoholic at one time heavily i don't drink at all anymore so and i'm trying to better myself and but i'm cheryl henderson the site is here twenty two acres and it's right next to a stream so can you control yeah i'm on a people there because there's a lot of substance abuse  major committee thank you for the opportunity i am listening after one year of college because i was seventeen thousand dollars in debt so i can appreciate people trying to help those that don't have a house however in my situation the problem was the system the way that our the us economy is that up the kids can't afford college that put me in the position so on this particular project i have several concerns one of which is the word for commercial use that was part of the special permission that this group is trying to get to carry forth this project that makes me worried about how this is going to preceded me start off with one intention but when the word commercials and their money exchange or potential other projects it might grow into that obviously many people from the don't agree with and i'm here speaking on behalf of some of my friends who couldn't get here today they're working their mothers as well i actually live key side but they asked me to come and please to voice their concerns about this they're very worried about it they're concerned about what it will grow into strength far from the intention of just trying to help people bridge houseless nests the other issue i just wanted to address since i am from key hey if i may is the megamall downtown city center would have been to call it this proposed in key hey i'm strongly opposed to it we have a city center already we have many storefronts that are vacant right now in key hay and many opportunities for businesses to come and fill them without having to build a gigantic new mega center in key hey my family doesn't want to see k go in that direction  to do their marketing and promotion set at the pilani village shopping center some of you who are familiar with the project like our previous speaker may know that shopping center itself provides a lot of services for the community with a great shopping center mall concept with banks there you can get your gas there at mina stop you can also charge your electric vehicle there they have a project partnership with jump start while we have you can cut your hair they can do a lot of things there but i want to also tell you the things that goes on with their partnership for the community i just got through i have some of the posters we did we just pool we just partnered with the shopping center and collected passing so the shopping center does help also help mali high school band get to the rose bowl parade and did things like that by having them perform at the center so we continue to partner with the community to collect food to do toys you know to do different things so that we can give back to the community and i think this is something that the cross company has instilled in me as i as i represent them and try to pull these events together and i just want to share that this is this is part of the development project concept that's proposed to be built or you think you questions from the commission thank you under the photo work good morning planning commission members my name is aaron lowe and paul and i am the chief executive officer of cali archaea let homeless resource centers we operate to resource centers one of which is located in line off shah street currently the line of facility has a wait list of one hundred fifty individuals including more than sixty children all too often i am forced with making a heart wrenching heart wrenching task knowing turning away families in need of shelter knowing that they'll end up sleeping on the beaches on the streets or in comfortably in cars i believe we as a community can do better home want to propose project is a great first step that proposed campground will provide safe and secure transitional shelter and connect individuals and families with available resources the initial small scope of the camp in addition to its full time site manager gives me great confidence in its ability to succeed and thrive it's easy to talk about the problems facing our community but what we need what we see here are group of individuals committed to providing relief for our communities most vulnerable residents and actually taking action i urge this commission told on this project to move forward and provid we'll be around after the presentation if we want to call you back up for questions or i would be more than happy to respond to questions depending on how how long this meeting goes i don't know that i'll be here at the very end  in central ma in currently we do have we have no plans to expand we recognize the need for more resources unfortunately in the funding has not been made available for us to do so ok so there are no plans at the current  funded or currently we receive or write a variety of funding sources which include the county of maui the state of hawaii and the federal government through the housing and urban development but m two bedrooms is it a single story  and what is your what is your and your budget right now we are in your budget is roughly four million dollars and how much would you need to double i mean do you folks have a location that that you're able to move in if your budget grows or do you know i mean have a location because you go for your budget first and then you start looking for something we have a long term lease on the land where we're located now and in the space that we have available in line it does not provide any room for growth unless we're able to secure additional land ok thank you what are your greatest challenges with your facility and how do you deal with it my greatest challenge is really the lack of resources we have an even longer wait list at our local facility everyone in this community recognizes we need to do more to really tackle the problem of homelessness and yet we have limited resources and we see the resources that do exist to in doing ideally we really need more affordable rental housing built so that i can move people in my facility into permanent housing and really address those who are chronically homeless every child receives a children's case manager that children's case manager identifies issues that the children are facing whether it be medical education development etc we also partner with other community resources to provide head start programs on site get with this with your program do you see yourself in the future not necessarily this one itself but teaming up with them because of the facility that will be available to you absolutely we currently work very very closely with home wanna they provide a tremendous resources for many of our clients who are trying to to dig themselves out of the situation by securing jobs securing necessary clothing resume skills etc thank you commissioner  if if i could give you one thing to help you service more people besides money what would that be affordable housing for them thank you express that cursed blush i'm sure it appears because i'm a resident owner that my concerns are primarily about property values security and all things that will be mentioned by discussion after the presentation however equally to that in and maybe more so my point to speak this morning is that it's very clear that the locals and the whole lion natives  primarily need to be respected and need to be heard and i'm quite surprised in these last few weeks of the lack of support by that community i really expected that that was  that group would be most in support of this project the reason you don't know which way i'm really stating my case right now is because my heartstrings are pulled in all directions i've seen this presentation and the reason i want to speak first before it is to let you know that you're going to hear a very compelling and compassionate presentation that naturally opens the heart and it's with goodwill from good people trying to do good things i would like to invite the foundation and particularly mr martin to please consider these funds or  personal efforts and volunteer that's already in place to still be working if this project does not pass if it is denied i would like to see it evolve because obviously it's a great gift kept county to the city to the individuals to proceed with some sort of assistance and i believe obviously there is a need for it and as the doctor and i have spoken who testified earlier have spoken that this problem will persist and will grow and will spiral larger and i know individuals need the help i just believe that there that the proposal on its merits currently that there might be a better way to do that and build that bridge that is i would just hate to see it cost as an all or nothing proposal and like i said the presentation i'm sure is even probably been summarized since we've seen it all the while there and it's it's very nice is very compelling and i in my life like to pay it forward as well and i get involved and i do so on different avenues and this is one that i'm happy to be involved with it the appropriate means so it's of course up to all as a group i just believe that we can build a bridge and find some sort of medium not mr happy medium of course the best answer is usually when everybody is unhappy so please consider whatever the result is that there are options instead of all or ok robert heron k robert hassen thank you guys for give me the opportunity to speak today i'm here as an objective person and i have no dog in this fight i don't even live on the west side of live on the south but i read about this in the  in a sense applaud people who are trying to do the right thing but do the right thing with good intentions but there needs to be due diligence when this it's been a week or two since people kind of got a chance to wrap their head around this it seems like it's being scaped under the radar seems very political and looking at from an economic standpoint so yeah i would i would caution everybody that this is so me just from a unbiased objective standpoint it doesn't make any sense whatever  any sense just for spite work alone it's a poor location you're doing it smack dab in the residential area it's not urban there's not a lot of social services around there it's hot you know really hot in summer time without a c again i'm all for a solution we've got to do something and but this is a band aid it's a temporary fix it will do more harm than good let me just kind of common sense that the cons far outweigh the pros but i do hope that we can work together to find something that would make sense it's  of the community we do got to do something to the problem but just as a regular person i don't get it but that's all i have thank you appreciate it this and please note i have experience with one of our children who was unfortunate and doubled in drugs in became an addict thank you to the lord after so many struggles he's he's he's better but it wasn't easy and back on the homes are very controlled it's a way to help the situation and not put a band aid and i think this project is putting a ban we need to get to the problem and help fix it not put a band aid on it we hear the shelters i think sometimes things need to be really scrutinized i know they can say it's not enough for millions not a lot but i think one million of it can buy a home and a property and several families can live in their home and share and work hard and a these families they have all these talents of construction contractors plumbers and everything with the city giving them the rights to build an extra one an a on that property and stuff still these homes being owned by the shelters to control them giving these people a chance  after so many days they would have to pay to live there affordable living a bandaid doesn't work the location where they want this there's no work there you have the children living there currently fighting for jobs that's located incorrectly i do think we need to respect the locals and listen to them too this is their land thank you thank you any questions commission ok thank you ma'am henry fender fender  my name is henry vandervelde i'm testifying on item c two harkless permit and i'd like to say that i am in favor of this permit i live directly across the street and is a good neighbor and a good community member and i support the permit thank you  george my name is george and i'm the office manager for coming here we operate a huge ship project based on hawaiian principles and we've got funded by the administration for native americans  the young man that got stabbed i think it was twenty one times with twenty two wounds because one went in and came out the other side i think that something like this could work in laila i don't think so because there's too far from the services that are available i think speckles that would have been a better location when it was first proposed because it's more central and as an outreach worker would be able to go there daily to help assist in providing the i'm the guy to have to drive them to the beach afterwards we can't tell them where to go but what do you want to go and we drop them off  in the six years that i've worked there the number one reason that i've come up with that people are homeless is because they don't access services they become complacent after a while they're comfortable they like staying there i think by giving them that though they won't access to services i agree that affordable homes is the answer i mean you can't you can't find a house that accepted any more look in the newspaper there's there aren't any left we need more affordable rentals i would suggest that maybe you guys do what they call sheets and eat which is what family life center does which is a drop in shelter they come in for the evening they have a meal and then they go out the case manager the assistants them for substance abuse assists them what finding jobs or more not by the way helped a lot of people find work that worked at that state at the shelter at family life center so it is a community effort they do mean well but unfortunately sometimes like the little kid that assisted the butterfly out of its cocoon you know what happens when your sister butterfly out of its cocoon it doesn't squeeze all the liquid out of its wings and then it becomes deformed and can't fly so i appreciate the effort i truly do i know your heart's in the right place we need solutions but i don't think this is it i don't think that by mixing site are those the type of people that would be using this type of facilities you know i don't even know where the sites at but if it's if it's in that area even more horrible i saw her i see  populations you know there's a there's a modern day hobos they travel here because they get so security and they party for a little while and then they go back to the states sometimes they get a free ticket here i asked this one guy how did you get here i went to a mission and and they sent me here there's a guy that we call chicago that came here because the parents in the mirror because they didn't want to see him for he said that in chicago so you might be inviting even more transients and even more homeless people if you looked at the statistics homeless populations in the continental u s dropped when in hawaii it rose coincidence i don't think so they're moving here because it's nice and sunny and who doesn't wan live in ocean front property in hawaii i do you know you know but if i do that i go camping and i was just stay there for a week or so but yeah that's the kind of people i think and there are services for veterans there's the hud vashti unfortunately if they got anything other than an honorable discharge they become ineligible so that's hard that's really  so just keep order of this going we're going to hear the presentation first that we're going to open up for public testimony again and then we're going to hear about the petition to intervene pretty good morning members of the maui planning commission and a thank you to all of the people who showed up today for item number conditional permit two thousand and fourteen triple zero two and state land use special permit two thousand and fourteen triple zero six the item in front of the maui planning commission today is a matter in the application of the whole more on a foundation to obtain a conditional permit and a state land use special permit to allow the development of the campgrounds which according to the applicant would be focused on the transit homeless financially disadvantaged population and the commercial camper on seven point nine acres on a twenty two point seven  giving a description of why we're here today a factual outline of the project as the chairman of the planning commission indicated then there will be an opportunity for those people who wish to speak directly on this  to come before public testimony there has been a petition to intervene filed by the who know a homeowner's association that petition to intervene will have to be considered by the planning commission prior to any debate or discussion on the matter therefore i'm going to be noting what the project is about and a reason we're here today as indicated before the matter does arise from an application for a conditional permit that was filed on august twenty second two thousand and fourteen and for a state land use special use permit filed on june tenth two thousand and twelve by the nonprofit holme on a foundation the applicant is proposing to set up and operate a campground an initially with eight camping pods which would be separated by landscaping for previously including two restroom facilities with community showers and toilets and a location talk common trash collection there would also be a farm dwelling built that would have a manager on site twenty four seven that would be determining an intake process for the campers in addition there would be an agricultural area which would go along with the campground that gives us pause today to note well what is the app going to actually applying for there applying for two things one is the state land use special use permit why is that important that's because this land is on a greek culture land according to chapter two of five of the head why a revised statutes a campground for overnight camping which the applicant is proposing requires a state land use commission special use permit this body the planning commission has final approval authority over this special use permit therefore that will be one of the permits to be reviewed in today's public hearing that is what the intervenors are intervening on is the state land use special use permit to allow overnight camping  piece of land that is known to agriculture by the state of hawaii on land that is be rated this is land b eighty seven i all land in hawaii from a state perspective is divided into five categories a b c d and e because this is on b rated land it does have to have a state special permit in addition there would have to be also a county special use permit but the can mount county code does provide that if a state special use is required that will suffice for the county special use so that's the reason that we're here today for the state special use permit now in addition the applicant needs to apply for a conditional permit just so the members of the audience know the process a conditional permit has final approval authority by the county council that this body today the maui planning commission will be advisory should they get to that point today will can make a recommendation to approve or to die that would be sent up to the mallee county council for a conditional permit now why did quite why does this application for a campground need a conditional permit well bit arcane on this and if you'll bear with me for a minute the code indicates that a camping unit a camping unit and that could be a tent that could be a recreational vehicle that could be a lean to  any it could be a cabin a camping unit can only be used for six consecutive nights so the applicant proposes that someone staying at the campground would use their camping unit for more than six consecutive nights that is why this needs to be pushed up for a conditional permit at the maui county council according to the applicant and there has been some discussion of this today the campground wo serve two needs that would be camping facilities for a recreational commercial camp or anyone who would that would come for a holiday on maui someone who lives here and wishes to go camping in addition there would be they would be allowed a campground that would be open to anyone including the transients the homeless the financially disadvantaged disadvantaged population therefore the moniker that has been used when we state tent city is not entirely correct this is a campground and the department has to be reviewing this from the aspects of what a campground is what a campground is defined as in the county code and therefore the analysis looks at a campground that in fact may of populations but nevertheless it is a campground from speaking with the applicant and in looking at their review the emphasis for their work with the transit population would be on what is called the situational at transitional homeless person someone that is able and willing to help to take care of themselves as contrast did from the chronic homeless person the applicant would go into this in more detail during their presentation as indicated before the applicant does propose that campers would have to agree to a significantly strict code of conduct  it's outlined in the staff report and i won't go into all of the details however it does indicate things such as no weapons would be allowed no allowed music would be allowed  personal hygiene would have to be kept clean campers would have to observe quiet hours there would be a zero illicit drug policy visiting hours would be controlled there would be a strict code of conduct as indicated before this wouldn't just be a campground set up tomorrow or whenever it may be approved there would be significant infrastructure requirements from the applicant before any camper could possibly be here such as should curity of fencing the construction of a camp managers house that would have to be there twenty four seven construction and landscaping that would provide refuge from the heat the department would have to agree that the infrastructure was set in place before any campers could even go on to that  property since we do have many people in the audience today who might not be from there i will briefly run through the process their special use permit that this body will be taking up really has to be root reviewed against five criteria  the first was that the use will not be contrary to the objectives by the state land use commission the second the desired use would not adversely affect surrounding property the third use would not unreasonably burden public facilities with road street sewers water drainage fourth and usual conditions transit needs have arisen since the district boundaries and rules were established for this area and finally the upon which the proposed use is sod is unsuited for the use is permitted within the district and i really can't decide enough that those are the five criteria from which this body will have to make its decision depending on the outcome of the petition to intervene the other item which was the conditional permit the commission really needs to determine whether or not this use while the is this use so substantially different from use is permitted then this used down that the commission could not recommend approval or does it feel that this use is somewhat similar related or compatible to other uses and that it can make the decision to recommend approval on to the county council that being said i just wanted to finish up here as as the each of the parties and the commissioners know there has been considerable testimony that has been given it has been reproduced and given to the members of the maui planning commission testimony has come in a number of ways it's come in through e mail it's come in through and i petition there's been testimony on both sides of the matter and finally the item as indicated before just to clarify is in the state land use district of agriculture the west my community plan or the county zoning agricultural district and it's not in the special management area that would  time of the petition intervene legal counsel for the petitioners and the opposition will have an opportunity to address the commission with arguments so i just wanted to have that noted for the record thank you mike so we're going to take a five minute recess thank you good afternoon commissioners thank you for giving us the opportunity this afternoon to present our petition to intervene my name is deborah wright and i'm an attorney representing who noah homeowner's association and under twelve to a one forty one day leave to intervene is supposed to be freely granted one of the reasons we're here before you today is because in this particular instance the deadline for leave to intervene was july fourteenth the informational hearing that was held for the neighbors and for others in the community was also july fourteenth two thousand and fifteen the applicant feels of course that we should have intervened and met that deadline and band before you no matter what we feel that it was on reasonable to ask for intervention or assume that intervention could be filed before we'd even attended the informational meeting it seems like that would have been jumping the gun to say we have jacked we want to intervene we want to participate in as when we had even had the chance to hear from our neighbors as to the situation and to at least have the opportunity to ask questions of them as soon as the informational meeting was over when there were still would what  the homeowners satiation thought were an answer to questions and problems they sought counsel on sought to intervene and did it as promptly as possible because leave to intervene should be freely granted and because of these particular facts we believe that the commission should be for good cause to grant us leave to intervene it's important to remember that they have spent a year with you guys they they filed their application in june and at least with the county they've spent a year doing their preparation getting their comments one application was filed in june and one of august of two thousand and fourteen but in the meantime they haven't had a meeting with the neighbors or communicated with the neighbors about this particular plan so having it all come right at the very end like this we think is unreasonable and presents good cause for us to intervene at this particular time especially when you're talking about an act property the zoning for which what they're asking to do is not a permitted use is not a special use is not an accessory use it's completely outside of that where they're coming in for these permits and this is something that is as a result very important to the community and we believe that to noah being as close as it is part that as a result the homeowners there are uniquely situated to provide input and to express concerns or even conditions that might be  appropriate with regard to the this particular project the applicant has said well you know there are limitations on what is good cause and good cause they cite to several different cases and say you know this doesn't fit a good cause but taking from their cases the cases they sided one is miller versus to knock and in miller versus to nocca the court said good cause also depends upon the circumstances of the individual case and a finding of its existence lies largely in the discretion of the officer for the court in other words you have to look at the particular facts of the particular case and see whether you think good cause has been shown we believe it has in this instance similarly they cite to a couple other criminal law cases which are actually under the rules of criminal procedure a kind of different circumstance but in each of those cases the court repeats the fact that it's in the discretion in this case the commission or in that case it would be the trial judge to determine if good cause has been shown we think under the circumstances it has because of our proximity to the particular property and because of the ag zoning for the whole area including the area where the  o no one homeowners lay of they are in a unique and better position to go into and delve into some of the concerns and problems that we think exist with regard to the property with the current zoning you've heard a lot of people talk about how arid how dry it is we saw that the fire department said well we were against campfires and they said don't worry they won't be campfires but they did say separately well we may allow girls and we may allow a camp stove and things of this nature with the arid and dry conditions that's that's a huge concern for brush fires and again because of the location  not near services such as fire services that could help with regard to these situations that's just one example the homeowners are very concerned about secure and it's not just the security for them and the homeowners it's also security for the people who may be staying on the campgrounds there is a big concern there are there the police department talked about the fact that you need to provide to make sure this is a secure secure area and the response was well we'll go ahead and we will put a twenty four seven on site manager on the property but but the police department said in their letter is there should be security personnel on the property it's not enough and you've got a situation where you're talking about putting home some homeless people putting some commercial campers into a situation there and then also having the problems with highways on two sides another road a heavily traveled road next to it where people are going to have heavy pedestrian traffic so far you've had department  transportation study that was done in the transportation study specifically spoke to the fact that vehicular traffic would not be increased dramatically but it didn't address pedestrian traffic because of these unique situations that the people living in the address we think that it's appropriate for them to be allowed to intervene and contribute one of the things that the applicant has also said is you're supposed to allow intervention if it will make for a full er record but they're saying this is just going to expand the proceedings well to me a full her record does expand the proceedings to some extent because it provides more information and more input and it gets the information that needs to be made for a clear decision so that you you have this kind of information coming in not i can understand why that wouldn't be an aid why that would be something that is appropriate for the intervention to do to expand to make sure that when you're talking about an certain situations and conditions that are unique to this area and that people living in the area are uniquely suited to address why that wouldn't be something that's appropriate one of the criticisms of our intervention was that they can says well you know you  let them come into this they're just going to it's just one of those things that just a delay it's just causing more problems but the but the fact of the matter is that this is an important thing again you're talking about approving something as zoning use as owning or use for zoning that is outside the realm outside the standard realm none of the homeowners and you've heard a lot of them speak today none of them are against providing shelter for the homeless but none of them believes that in this particular area a tent like that is suitable for a family there there are perhaps ways to do this that would be appropriate for double housing is desperately needed we all know that but we don't think this is the appropriate method and certainly not without considerable restrictions this is called a temporary plan we don't know what that means even we haven't even had the opportunity to explore that as someone said when they got up does that mean it's for one year or it's for three years after one year they can fold it does it mean it's temporary someone called it a great experiment well those kinds of things need to be explored so we all know what we're talking about exactly before the commission approves or disapproves this application that's before i good afternoon commissioners we say can you hear me when a party wants to come in or when a person who is not a party wants to come into the process they have to come in and explain to you why they are different from the public as a whole because the planning the department is out for europe to came sorry i apologize my name is jim geiger i'm here on behalf of the ho foundation the applicant in this case and we are opposing the intervention of the poor no homeowners association and we've done on three reasons and i presume that each of you have had the opportunity to read our opposition but as i said when somebody wants to intervene in a matter when they're not a party to the proceeding they're coming in and saying let us participate they need to explain to you how they are different from the public in general how they are uniquely affected by this particular project so that they should be able to come in and participate as a party to the process that is their burden that they have to achieve they have to convince you yes we should be here and i will submit that they have not done that what you have heard is that they are bringing up things that are not unique to poor bata no homeowners association those are the same issues that the people i'm on to have that the people in line to have that the people on the west side have they complain about traffic they complain about possibility of fire they complain about security those are no different than any other resident of west side they haven't established to you that they are unique from the public whose interests are being protected by the planning department by the other county departments who have had an opportunity to review by the planning director who has weighed in on this particular project and given you his thoughts with conditions that he thinks should be imposed addressing these very same issues that they are trying to let say let us come in and  so i think that they have just failed in the basic hurdle that they would have to clear they also failed procedurally you folks have a rule or several roles one rule is before the public hearing the applicant has to give at least thirty days notice to the neighbors and in the and in the paper that was done in this case a letter was sent out june nineteenth you have it in the staff report it's exhibit ten in the letter had not only mentions that we're going to have this community hearing but it also says until then please do not hesitate to call me should you have any questions or concerns they had the opportunity to contact the foundation and say what's going on what are you talking about how is this going to impact security what are you doing for traffic what are you doing for fire they did not take advantage of that opportunity in stead they waited they waited until the friday before this hearing three thursday before this hearing four days ago to file a petition intervene and then they don't tell you why they waited other than why we wanted to see the community meeting well why didn't they go  at the staff report why didn't they contact home on a foundation you don't know these things they didn't take to do it they came in too late in fact we reached out to them and had a meeting with the president of the fat of the association on july second yet they still waited until july twenty third in which to file the petition because that timely is that good because i submit it is not i think the final point i'd like to make is even if you say ok we'll let him slide on the on filing late and even if you say ok well maybe they're a little bit different from the public you have to ask yourself will their participation assist you in your decision making process you have to put the minutes before you you have a special use permit states special use permit and you have a county conditional use permit the intervention doesn't go into the county use permit you're still going to have to rule on that you're still going to have to act on that intervention won't stop that you have to proceed with that so what benefit does it do you in your decision making process to allow the homeowners association which is an even adjacent property which is probably more than five hundred feet away from the nearest corner of this property to come in and participate answers nothing they won't add anything more than what all of the departments have added because if you've gone through the staff report as i have you will see that all of the departments of weighed in they've all commented on things the very things that these people are bringing up what more would they add and so for these reasons i would ask that you deny the petition  intervene so that we can proceed forward on the permits thank you i see no new issues that were brought up the same concerns were brought up earlier the same concerns they had with these with this petitioners and that's the reason why i made a motion to second the motion  all in favor raise your hand that the five eyes motion carries up for questions from the commission members this is a very new facility that we're trying to get all bent or attempting to open up i'm wondering is are there any successful ones that are maybe you get inspired you to open up this good afternoon and thank you my name is lisa d'arcy i'm the executive director at home yes there are places that have inspired me there are also places that have worked when once you review you understand why they have not worked part of the inspiration that has come from this is exactly what has happened today in that there isn't a full recognition or understanding of the problem it's become a very large problem but there isn't a lot of education on the segments of it and it's segmented and what we did was look at and i've researched many many many campgrounds i actually have an ongoing dialogue with eric tars who's with the national law center on poverty and homelessness and i've spoken to several different campgrounds on the mainland and i've talked to them about what are the things that have worked for them and what have not worked what has worked is when people do have full knowledge of what is happening and that the community is aware which we are doing and when the individuals who are there understand the problem is the tents in camps have been just for one size fits all we are recognizing we can't deal with that approach certainly not as a small foundation and we would really need a lot of stakeholders and community in a larger scale to do a one size fits all we're not able to do that that's actually something that doesn't work so one of the things that does work in all of my years twenty five plus years of working with people with challenges is that you can't put people in one size fits all you have to fit whatever they need at that point this is just that is a very small attempt and it actually we actually believe in band aids there was a lot of discussion about band aids not being good but actually very helpful we are actually trying to do that and protect just a small group not the large group we understand that has not so that has inspired us that if we took a tiny bite of this we might have a chance in understanding the larger picture and it would provide an opportunity for years for education for the entire community have a question pertaining to your project itself i think conceptually i really appreciate the fact that addressing the homeless is an important factor however there are some major concerns about safety starting with the walkway from your particular project to wherever they're going to go i don't see any in your plan itself for safety  the other thing that i am worried about is these people are going to be up on the higher and in and out of town area and bus transportation these people more than likely will not have a vehicle to be able to get to any place that's close enough for them to have transportation and with that i was very concerned about the project itself is to comment on that there are an enormous amount of individuals who are unsheltered toward living in their cars they don't have a place to shower or to go to the bathroom you would recognize them if you have the same pattern over and over this is the group that we are looking to work with we're not looking to work with somebody who's struggling or going to be walking up and down the road or i mean that is of it's a very small group of people there's the people that we can actually probably pop out of the systems pretty quickly so we have recognize that and understand the importance of that we have had dialogue with the department of transportation look forward to more ongoing dialogue with the department of transportation and we're we're again looking for the people who are in this because you don't see them because they are in places where they can get to and they can tell to you know semi blend in but do you need the help of having maybe a safe place to leave their belongings and a place to shower or a place to do their laundry a place to plug in so  it it addresses that in that we are again not going to be looking or having people who are going to be walking up and down the highway there are some corridors that are established already where people are walking we would like to improve that as well i'm referring to is a memo written by the police department dated november third twenty fourteen program for their memo in addition there is a large eleven by seventeen underneath your staff report right there at a location map a site plan and also the latest revised version of the code of conduct and if you look at there i think it's item number three says specifically t a no drugs no alcohol policy so that that comment was part of the review process taken into account and and incorporate into our plan so it was a regular the law or no alcohol no drugs policy will be surely enforcement by who can't manage or and if they can't manage or is unable to contain the situation we will use whatever the community would use police whatever  necessary absolutely we do have a an officer nearby adjacent to our property who's very invested so it's an asset mission house an illegal drugs or contraband all of the government can hold even though we denied the intervention i do believe that you guys did rush this through the process i do believe that with working with the community more lot more things could have came out and maybe in the long run things might have been done more could he's really with the community and i hope you guys understand that the the testimony we had today was because of the way you guys decided to do it just want you to understand i think i agree with the people they're here today my own but my question is why the commercial element and say that that's a commercial element serves two purposes number one it is basic element it's to provide financial stability for an operation that's run by a nonprofit organization but probably more importantly number two it's to add a sense of normalcy a sense of normalcy to the environment and it's as simple as nd leave it at that if if this project is going to be needed as a commercial to top pay for this nonprofit and if costs become higher than expected which most businesses that  happened specially in the beginning process do you increase the commercial and decrease the you know that of the i guess the best part about this project was trying to help this transit people the focus will always be on the the president population here that needs help but is in terms of the financial that that it is part of that it helps offset the cost but is not the primary issue the primary issue and serve in the  the residents that need assistance so in if if a sliding scale needed to be applied i'm sure that the manager and the owner would consider that is your foundation paying a rent to the to the property owner in answer yes we are engaged in a lease with the property owner so with normal accommodations there are policies to evict people the counties have certain rules and laws and we talked about people that are breaking the rules you know they would have to you know move on and so forth public people that don't break the rules or that would say that your interpretation of them breaking the rules are or incorrect  i think the first the first thing that we would be always looking at is the code of conduct that complying with the code of conduct and secondly it would be dependent on the discretion of the camp manager are the presidents fit in and are they utilizing the benefits are they doing what they can to help get themselves in a better scenario so i think we're talking about the the strength and the qualities of a qualified cap manager well i understand that but somebody who is in need is probably going to sign any type of code of conduct to get into a facility understand it comes apart like mr hudson says were the police is not going to be because you have just a manager you know they're going to be coming driving out to that location how do you folks d with the shelter part when you have to have people leave that area so one of the things that is not visible to this group here today is the amount of supports and the amount of connection that whole morning has with the entire homeless alliance and all of the agencies and facilities i have a direct line and call agencies all the time people come into the office all the time with a wide array of needs everybody leaves with a connection to something so if somebody is displaying problems that are bigger than we can associate with i mean i can call any of the other agencies give them an opportunity to intervene or assist the person and hopefully you know sometimes that actually just relieves what the issue is can get in touch with my case major you know i'm so frustrated sometimes i just pick the phone up and call and the call you got through and i'm like yeah yeah you know you just sometimes it takes a little persistence and they're a little tired so sometimes that actually can we really just take care of the issue and we have connections with the entire community is i think i'm talking about is not a it's not a free service it's a paid service and you're going to from what i've read are you going to charge a certain amount so when you charge a certain amount of certain of services has to be a a two way street so when there is a destroyer and there's a dispute it in a simple as well i'm sorry this is a homeless shelter and it falls on these rules because it's not to be a shelter anymore because it is for  y so that's when you know things could be different that's where you have a quarter of eighty people you have twenty parking lot spaces you know a lot of the concerns of this community is the safety of the community and the people involved and it's i guess i'm still getting into it is how are you going to control a paid environment where people have rights you can't just call another agency and say we're going to ship you off to some other place  it's going to have to be the strength of the on site manager or managers and and that's also why we've talked about growing in increments getting too far ahead of ourselves and you know allowing the the camp to grow allow in the protocols to be more refined and defined over time in order to respond because we're not we're not jumping right into any people right away or jumping into you know a small piece of this first grow into it understand our mistakes there will be mistakes do what we can stick with the pony partment work on conditions if there's anything that changes over time so you know and and utilizing as lisa said the other agencies that may be able to support but understanding as primarily our responsibility to manage this well my answer you would be slow controlled growth not getting too far ahead of ourselves  question i have is more for the planning department rather than the applicant at this point the property is twenty two plus acres under the guidelines that we usually follow properties that are fifteen acres or less come to the planning commission properties that are over fifteen acres to the state land use commission why did we make an exception in this case thank you commissioner the they answered of that is this is not an exception in hawaii revised statutes chapter two zero five dash six special permits the very first section says subject to the section and the county planning commission may permit certain unusual and reasonable uses within their agricultural world districts so that authority is given to you to decide on these later on under section d it says special permits for land the area of which is greater than fifteen acres or for lands designated i a l they need to go to both the planning commission and it needs to go to the land use commission and then the the land use commissions rules basically mirror what what state law says so here we're talking about a seven point nine acres that area where there's been a request for a special use permit is smaller than fifteen acres they cannot conduct and that is they cannot conduct the special use outside of this seven point nine acres this is something that we've been doing since i can remember and if you think of it in another way  you have you can have any number of small uses that only take up an acre or a couple acres on a thousand acre parcel why would you need to go to the land use commission for just that really tiny use so because of the way that they set up state law it's the area of land that has the special use it's not the parcel of land that use is located on a specific parcel but it doesn't encompass the entire parcel so that's the way that we have any number of these we process any number of these over the years in this exact same manner  to clarify the commission's only authority in this case is to grant the use for the seven point nine acres the special uses that are required cannot be practiced outside of the seven point nine acres the rest of the land would have to be used in a manner that's allowed by the state agricultural district without any permit if the use is beyond the seven point nine acres that it requires a special use permit but then the state commission would have to approve but the applicants proposal is seven point nine  as i understand it of the twenty two acre parcel and the department has consistently applied that it's the area of use and the commission has granted permits under those circumstances in the past and authorized so in this case seven point nine acres is the only area that the planning commission can authorize this use on the uses outside of that area it has to be something that is permitted under state and county agricultural authorize the pods i mean a what exactly is the concern about whether something's a do not i mean the used to be authorized is overnight is an overnight camping use which would require a special use permit i'm not sure of the significance of  mr robinson's consideration if they're paying rent on that they have certain rights you cannot kick them out right away i just want some clarification from i misreading this all the  restrictions on a vacation that's something you could ask the applicant about and that they would be responsible for dealing with and whether it's extremely difficult or difficult to evict people that would be an issue for the applicant that this permit again is to authorize that use but the the you know dealing as you would if you authorized any development issues with you know addicting people who are paying rent on that property would be the responsibility of the land o cation pod the pot is owned by the individual himself or is it owned by the by the camping grounds if you're getting kicked off you're just being kicked off the property and not thrown out of your home if that is your ten right hotel and hotels routinely kick people out if they're being unruly and so would be the same thing towards if they're going to charge rent to a pod or room and they're going to have thirty of them or twenty of them just become a short term vacation rental oh well since we've opened the door i'll start down the road and see where it goes and we have to remember and this is sort of in my initial comments that this is a campground campground is defined  the code as a camping unit a camping unit as defined in the code a ten recreational vehicle cabin lean to or other similar structure which provides or and intended protect to died temporary living quarters for a person or persons only allowed for not more than six consecutive nights within a thirty day period part number one when we're talking about a ten to ten wouldn't be considered a dwelling that tent doesn't have a building permit the short term rental bill requires that allows with a permit short term rental and dwelling a tenant does not equate to a dwelling under the building code so that was one question well could a tent be considered a dwelling in this case it would be my understanding that the answer would be no and therefore we're looking at a structure or a we're looking at a camping unit that is providing temporary living quarters and there we move into the second phase if this was a request for a campground and a traditional campground would have people using their tents for six nights or less the conditional permit would not even be part of our debate today  it would just be can you have overnight camping in the egg district that's what we're dealing with the state special use permit overnight camping in the egg district when we begin to speak about multiple nights in a camping unit a k a a trans in individual would be staying two months in a tent now we have moved into the realm of where the conditional permit is required and passage by the council so that's where it gets to be more of a challenge in looking at the li this project comes into as a campground moving beyond perhaps one's traditional definition of a campground so i'm trying to answer both the question i can't see that as a dwelling i can't see this is ever being a short term around all because a short term rental does require a dwelling which attends not and we have a greater lift and a greater level of review because the applicant in fact wants to use these campaign units for more than six nights so that's my attempt at starting some answers here the well in this that is that stables where they have any type of stuff there is considered the second well in on top of this farm lot is twenty two acres it will be my understanding that they farmed dwelling to be constructed as a requirement prior to occupancy of any campground units would in fact be the farm dwelling in which the on site manager would live therefore at the moment there is no building approved dwelling but a dwelling no one in the vernacular as a farm dwelling which would be reached quired under state a would have to be built and then consequently occupied by a twenty four seven manager prior to any occupancy of the camp ground so you would be correct that there would be a one farm drawing now the stables that are there for caylee's branch that that's and that building to you how different kinds of implements to be used in the agricultural portion of this per minute so the barn would be again and the assessor restructure but there wouldn't be anyone living in that bar and so it wouldn't be a habitable dwelling it would be a storage unit but you can have more than one accessory structure on one lot in the nation with the activities of the just to clarify and stuff correct me if i'm wrong i mean the conditional permit is allowing uses that are not allowed by the zoning that's why it's going to the county council for their decision making i think there was a conclusion that the uses you know in dealing with the number of welling's and whether these are you know camping camping units or consider transients vacation rentals which they're not based on the department's analysis they still require county council approval and the county council can authorize uses that are not allowed by the zoning these are uses that are not allowed by the current zoning by the agricultural zoning which is why they have to go to counseling get a conditional use permit and that's that's how the council can authorize that the council can essentially authorize any use in any district based on the criteria in the conditional permit it gives relatively broad authority of council it used to be how transiently occasional had to get permitted before the short term rental home permit law came into being so that that's what's being requested and i think that's why the department computed that they need a conditional use permit because that use is not allowed in the state in the state or cultural districts where the special use permits being required but the  conditional permits required because the use is not allowed by county zoning library on your commercial part are you talking about just specific relating to running all the sites for i think the commercial component is just to clear the rental  failed so what makes you guys think you're going to be successful in the similar projects that failed  i think that's more of the experience is at least as aware of are not aware of those experiences what i what we do know is that we're asking for a special use permit that would have a time stipulation on it and it would have accountability in terms of if it's not working if it's not doing well that's a revokable permit but we're optimistic that this will work sadly our previous onsite manager was was here to testify about that specific question he's not here but he has spoken about it is ames josh dean he has been an onsite manager he it takes a special person in his words you have to make an assessment in the first five minutes you have to know you have to judge character you have to be able to make a quick call and then if you make a mistake you have to be able to rectify it quickly so we're looking for it will be a strong individual or perhaps individuals living in the family perhaps but that is that is probably the single most important part of this whole process is the onsite manager or managers  the water if you wouldn't mind could you go to slide number forty please you're almost there keep gone police right there go back there you go commissioner aidan is that is that the daylight ing cover area that you're talking about right if you look at the next slide after that you'll see it displayed at the  on the on the elevated bypass that was sized by the state to accommodate their runoff in the event over i can't speak for them but in a major rain event if you see what we've included in our in our site plan is that we have provisions there for a landscapes whale that would connect to the stream so in the event of an extremely large event that that area where the culvert comes out would it's a depression so it would act as a settling pond if you will and then overflow into the jury and soil which in that case would lead towards the str right over the settlement basin and hit the retaining wall on the backside and then sure up about thirty feet when a big storm comes by it would it would behoove us to have that if we  were fortunate enough to move forward to have an engineer take a really hard look at that ok the reason i'm cautious is because we put things in the past we're better berkus down destry disappeared in the middle of the night and its leader we're nobody in there i have a question for the for the finance person of this project on finances it just real simple if if this commission put a condition to where there'd be zero commercial activity and zero money collected from these transit people would you guys still do this project s good afternoon commissioners money peter martin we the foundation is very very well funded by myself my former wife debbie of we do not need the money to make this commercial campground work it we think there is it's very valuable that people do pay they might be able to work it off it's part of the experience we've developed from being involved in camp of the wall of which we took over about sixteen years ago and i think most my children went there thirty five years ago or so and we have a fair amount of experience in that campground at one time and josh was here to speak but he's running our construction company and as you know we have an affordable housing project going and all of a sudden this guy's the sewer so he left because they were trying to put the sewer line and i got mad at him it was look i got it i want to build these houses so i left i said ok but anyway  what he had managed when he took over all the wall the camp it was quite a problem and wasn't managed as well as it is now if you go down there your children probably have gone there i hope but back to this that we do charge there do we deviate for certain folks and give them jobs helping out whatever she s but i don't think that that would make a better camp would we do in any way i guess but i think if you understood the rationality in the work we have study in this you would understand that we think it's a healthier way to go for all all of them but we can definitely show you the financials and you know trade or something else that's not a monetary think might you know give a couple loopholes to the management of the property but for a financial thing it's in the way it is hard you know i just think for me it's it's  a it takes away from what i think the goal is which is trying to help these transit people i think people who are commercial i think with the people here charge you know it's just it's and as you we've heard today a lot of times you know of the people or a homeless or to have to want commercial you know capping their you know it's kind of a combination of both i think it was one of the other i sort of a combination you know i think that's i think something little bit easier to to grasp you know about going forward and i understand i feel strongly that this is a positive and it has been a positive  if you can the police reports there are nonexistent now and they were very existence years ago and i don't think we've had a problem and this is them is working we nonprofit it will not make a profit i can it's not even close to make it any kind of a profit not that there's wrong with it it is it is very well funded i don't mind sharing that folks with you you know it's why we have the finances to make this work that that's not going to be the problem that's fantastic that it's well funded possibly in the future i'd don't want to say we've won something that if it was a mistake which i don't believe it is but we won't be you know it's existing cottage would still have possibly some value in the wrong location if it but the all the site work and landscaping would not have any value so i mean not have that much value so i didn't want to get too far down the line with a three year permit i want to prove ourselves and i think we will a part of sensibility and a reality so i think it's part of your program it's important they know that to where this is a start but you start start from somewhere and i'm wonder if you agree upon that well i do it i believe that   commissioner had donny was referring to that was down at the bottom of my liko gulch a very different situation than what we're referring to he only i heard concerns from people about protection of archaeological sites along the shore in historical cultural sites along the stream potential burials what kind of historic frampton again curt if you wouldn't mind going to we had a slide up i believe it was and if you don't mind i'm just going to read from that again but there was an image tory survey completed and approved in february two thousand for a larger portion of these parcels as property being one of them and regarding the project area that we're proposing the ground on there were no significant resources identified at that time and that was due to decades of intensive agriculture as i mentioned in my presentation the imagery survey did identify significant sites within an adjacent to the juryman there was a preservation plan that was approved and accepted that includes as i mentioned a buffer zone and a building set back that varies but it's approximately it varies in different locations on the stream but the set back approximately one hundred feet from the center of the stream or sixty feet from the property boundary the plan as we have a design now acknowledges and respects those setbacks and even goes beyond that what is the distance from the proposed capping area to the stream scale on that site plan it looks like it's about eighty feet right now because i couldn't tell from the exhibits that were provided what part of it you know would be close to or encroaching over the cultural site nothing is as designed is intended to be encroaching or over nothing as designed and as i mentioned in my mind the earlier presentation prior to implementation we have to demonstrate compliance with the existing approved preservation plan and that's governed by sh p d we have to demonstrate compliance before we can move forward on the on the proposed layout of the come site just your selected area that is under the culvert did you guys do any other drawings that might have been more north and south a campsite instead of  left east or west the site the plan as you see it now it has shifted a little bit over in various stages you know we submitted the general application process you know we original application with the design we get agency comments we adjust accordingly and we move it around but d o t did bring out a comment we were it has moved around the configuration has  massaged if you will but we feel that in its current location right now that's that's the best location thank you  the question for the applicant but ten dollars fee applies to per person or  yes and ten dollars is a moving target but it's an approximate yes but yes that would be person per pod per night ok so from my math if you  at four built up you have eighty people at ten dollars per night at eight hundred dollars per night times three hundred sixty five days a year so so again it be adjusted accordingly with consultation with the planning department that comes up to two hundred twenty four thousand per month from my perspective ok two hundred minutes on full on full build out  one more question commissioner when i go camping i always carry and i always carry and i period how are you going to prevent people from having knives in the ca e again it's the it's the code of conduct and it's the manager the onsite manager observation  know it i'm sure in your circumstance it depends on what you're doing when you're actually camping if you buy the shoreline if you're scaling fish you know in this particular case there should not be a need for a knife in this k more questions from the commission the problem is that on appeal on the highway is forty thousand vehicles per day get stopped on a regular basis by intersections stop lights that back up traffic not only to line your poco it backs up traffic to harbor on bad days when i'm coming home to depressed button the stop light stops forty thousand vehicles come to a stop cross the road they have to do it twice once going once coming back to their car times fifty cars that's one hundred presses the button times maybe three times that the stall turns over in a day so that's three hundred times that the stop light activates just for fifty stall we're dealing here with eighty people from one lot if we approve it on this one should we approve it on another becomes the question and the question then becomes how many times is it going to be pressed for people that need to cross the highway or you know to get onto the highway that number of course was not something that was anticipated when the agricultural subdivision was built putting twenty six residents in this temporary transitional tent residences on one lot it's estimated over one hour there would be eight trips generated out of this project on four build out in the evening after in the afternoon peak hour ten trips that's that's that's a small portion of forty thousand but nonetheless it's more i think a lot of these issues in time go away if we can get the next phase of the d o t the next phase of the bypass to go through i think that helps out but  it's a regional traffic issue and we understand but we feel our overall numbers are are somewhat insignificant given the larger regional problems that we have eight in the morning ten in the evening  about this but i will be going through what exactly would be approved invite why we here are here again as you know this is a law in the county a district if this were a  noncommercial camp it would simply be an assessor use if it were a commercial campground it would require a county county special use permit that would go through the proper procedures but since this is also located on state a we have to look at the state rules and because this is an overnight camp it requires the state special use permit so the first that members know the reason the conditional permit is required for this particular project is that the applicant proposes using a camping unit a tan an r v a lean to for more than six consecutive nights it's not particularly related to the individual staying six nights it's the use of the camping unit i know it does sound a bit odd but that's the way the codes written there for moving into the first recommendation on the state land use special use permit in the green sections of your staff report there is a recommendation with ten conditions in reviewing the comments today and in consultation that department would be making a recommendation of approval however adding a number of conditions if we go with condition number one that the land use commission special permit shall be valid intel july twenty eighth two thousand and eighteen or in accordance with the expiration date of the conditional permit whichever is later subject to extension by the director of planning upon a timely request filed at least ninety days prior the planning director may forward the time extension to the planning commission for review and approval may require a public hearing on the time extension by the planning commission department would however recommend adding an additional sentence that this state land use commission special permit shall not be effective and tell such time as the maui county council approved the related conditional permit now that should be obvious because the applicant has made representations that a camping unit would be used for more six consecutive nights but we would want to make sure that it should approval of the land use commission special permit be done today as you are the final body but that permit would essentially not be effective intel and unless at such time as the council would approve the conditional permit the department also would be recommending adding a condition because there has been considerable concern about the landscaping because the plans are showing a landscape area that a condition worded such as that a zoning enforcement division approved landscaping planting plan shall be implemented prior to occupancy of the campground so that there would be the planting of some trees in this rather barren place prior to the occupancy and that being said there would also be an addition to condition tan j that all campers must fill out a campground application agreed to a code of conduct and be approved by the camp manager prior to engaging in any campground activity the code of conduct be a substantially the case i won't go through all that and conditions but condition number one which was stated has to do with the expiration date condition two non transference policy condition three insurance condition for the full compliance with government requirements should be rendered five that the applicant will present detailed compliance reports six that the applicant will develop the property in substantial compliance seven that the farm plan remain implemented during the duration of the permit eight that in the case of historic resource finds including skeletal remains that construction activities and all work show immediately cease and that the property in the vicinity of the fine should be protected from additional disturbance and that state s h p t shall be contacted immediately nine that best management practices will be followed and tan which has conditions a through j which are critical for this permit and also it should be recognised that these conditions are being placed in the state land use commission permit therefore the specific issues which are very critical to any functioning of this camp are going to be resting with the mallet planning commission and there is an ability then for you to easily come back and modify them that's why they're being placed here i can go through a through j is that something that we wish ok a that all necessary permits shall be obtained for the managers cottage and farm dwelling at that the dwelling shall be constructed prior prior to any occupancy of any campground sites and a full time manager shall be on site during all times of the campers are in residence b that is state department of health individual wastewater system shall be constructed and approved prior to occupancy of any campground sites that all sanitary units including bathrooms laundry showers sink areas should be constructed and approved prior to occupancy of any campground sites that security fencing especially along the border with a line of bypass road in hokie a keogh road shall be completed prior to the occupancy of any campground sites that fire department approved driveways and road race shall be constructed approved prior to the occupancy of any campground units that the median fronting the project driveway on how keoki a place be paved due to an existing median swale to accommodate entering and exiting left turns to the future project driveway g that a minimum of at least four hundred fifty feet of space be provided between the future project driveway and the line a bypass road exit ramp they teach that the frontage surrounding the project driveway should be free of any large trees or obstructions in order to maintain adequate site distance into a syst a place that the campground shall start with eight camping pods incrementally ramping up to a build out maximum of twenty six pods no more than eighty campers that build out shall be permitted on property at any one time and capacity control and length of camp or station we should object to daily review and controlled by the camp manager j all campers must fill out a campground application agree to a code of conduct to be approved by the camp manager prior to engaging in any campground activity the code of contacts should be substantially the same as that detailed in the staff report for the july twenty eighth two thousand and fifteen planning commission meeting and as expanded by exhibits presented at the july twenty  eighth planning commission meeting in consideration of the foregoing then the marin county planning department would recommend that the commission adopt the department's report and amended recommendation for the july twenty eighth two commission counsel just to briefly add the options are set forth in the staff report there can be approval approval with conditions deferral if you need more information or denial keep in mind that the approval any approval would have to be based on the criteria that you have in your staff report under state law and the rules of the commission and it is the applicant's burden to establish that they are entitled to the special use permit also i would note under state law this is five six it says that the county planning commission may under such protective restrictions as maid be deemed necessary permit the desired use and that phrase under such protective restrictions as may be deemed necessary can authorize conditions so the commission can add additional conditions it can delete conditions or modify the conditions that are proposed but you can t conditions if you would like but again the options are approval with conditions provable deferral if you need more information on this or denial and those are your options and again the applicant bears the burden of showing they met the criteria that was set forth in the staff report by the planning department under the law so and i bring it up for the commission's consideration as well the number one condition deals with the time of but the permit would be valid until it has to be renewed we would normally think of that as a sort of a trial period i would note that i mean as it is right now we're recommending four for three years the end to be changed you know per i assume three years after council approves the conditional permit if they approve it  i would note that there's a lot of infrastructure and a lot of things to be installed on this property prior to occupation of you know actually the operation of the conditional herb operation of the campground so i would say the actual operation to probably be probably a couple of years rather than three actual years because that the approvals need to come first then you're going to get you know install the septic system the rest rooms all the other facilities so it's actual approach the commission may approve it county council may approve it and then they're going to install the infrastructure and that's going to take some time before any of the campground can even be occupied to clarify is the motion to approve with the conditions as recommended by staff yes works this might work well hope it does work for the county if we can work forward and try to help to educate these people get them back into society it's a good thing we just leave it the way it is it's only going to get worse we're going to give some kind of trial run to get things moving in the right direction and as it is right now nothing's going we've got more people coming here more homeless here and we're going to sit back and watch it happen i think we have to step forward and do something to move ahead m but totally agree i think something has to be done my feeling however is that this project this too many too many things that i don't think are done correctly i think if we push this forward we're just going to throw a whole boatload of of you know what on top of the council and it's just going to it's just not going to as is i don't think with the conditions us just not a well thought enough project yet i think that is there i think  i think the need is definitely there and i think the compassion from the owner and from the rest of us we all want would want to project like this to happen but there are still the safety issues there's still the support of the surrounding neighbors there's still the d numbers which i don't know how there's only a trips with twenty three parking stalls and more pods you know there's and as we see in the past two we actually get engineering numbers it's you know it's really hard to to estimate something that's going to be safe and we looking at a permit and our body is granting something and we're saying that we agree that you know that alpha can you know has done the due process and and that this project is you know is is is going to be safe because if we don't if we don't do it correctly it's just going to get kicked out  towards i don't know i mean to deferral with with i mean i guess conditions i have i feel that applicant didn't speak with the community enough i think that the applicant didn't get enough information from outside of their of their circle you know and get more ideas of what other people think i think they looked internally and have a good project but i this think there's a little there's this there's still some tweaking do before this becomes a positive thing for the community you know something as we saw with us being in this chamber having this many people speak for and against it it's very spin and i hate to you know just push this off to the county council and just you know without it you know the project being worked more is there such a thing as as a as a certain amount of days with a condition that the applicant goes back to the community more you know the intervention was just poor noah but there's you know there's the there's a long term one hundred people there's the farther west there's the the ones up the stre know depending on whatever the the commission or the commission chooses to do so you know but there is a motion on the floor and we should deal with th it listening to today's testimony and presentation although the applicant did follow all the procedures of what should have happened with the county apparently somewhere are allowing there was some mis lack of communication between the community and the applicant and i think some of those things based upon the recommendation of staff et possibly could be resolved with the project itself because i think the project has potential but there are some extenuating six circumstances that that i think needs to be addressed has been driven toward creating gentleman estates on agricultural land it's essentially raise the average price of housing on the west side by the fact that most of those homes are million dollar estates land that was in productive agriculture is no longer in productive agricultur this particular land is rated b class land which means you add water and you can have product about recalled through there almost all up the states that are up in the subdivisions go through the motions of doing agriculture but don't really produce agricultural goods for the community this particular application i believe tries to do something for the homeless to correct the perception that the landowner is only out there to make money by selling million dollar estates i agree that those who are homeless problem i agree that something has to be done about it i don't agree that it should be done through putting people in tents and putting visitors next to them who have no more understanding that the people next to them are homeless or may have problems other than being fully functional rational people that have no dependencies or issue when somebody rents a campsite they have an expectation of security the people that rent them the site for all of them a duty  security they have to be assured that when they go to sleep at night everything is going to be everything's going to be fine i don't think that's the case in this particular situation i don't no matter how good the manager it no matter if they screen them with a metal detector look at me and my arm in this particular case i think if the landowner is truly interested in addressing the homeless problem in west maui he would do what some of the advocates the deal with the homeless asked him to do provide affordable housing donate land to the county of maui for affordable housing have the county proceed with an affordable housing project the commission has a responsibility to help provide affordable housing and it's something that we haven't  we need to get through the community plan process we need to identify areas that can be set aside for affordable housing and we need to recommend approval for development of those parcels housing the solution to homelessness is home and the way to do that is for us to do our job in order to make  people that need not million dollar gentleman estates on the side of the hill with magnificent busuk yoshua places where people can live decently safely so they don't have to resort to campsites like this from my perspective it's not a good idea neighbors i do not believe in good faith that the neighbors had ample opportunity to respond i think a lot of these issues could have been addressed in a true head to head where they sit down and it's gussie's things in my neighborhood of somebody's going to have a party they let everybody know we're having a party that's called being a good neighbor or some difficulties with this i have some concerns about its location i don't doubt its merit or its ne any other comments on the members ok so we're going to erect a repeat the motion and capable commissioners the motion is to approve as recommended by have heard their input and i'm sure they could have brought out more information that might help us out of this decision and that's the reason why i when would you guys like to have it will be for me one of the reasons was because of the time limitations are put upon this was rushed through so whatever we might think there would be enough time for the discussion to happen that's needed i'm fine with it not for the record that for the deferral the members who are absent are going to require a transcript of this meeting in order to come up to speed before we would have the next meeting to continue to discuss this so much time that would take that would be the minimum is for them to have an opportunity to receive all the materials and getting the transcript of today's meeting and have an opportunity to review that either the transcript or the video recording but a way to examine all the evidence that's been put before you prior to making a decision so we would need that also if there's any additional information you want from the applicant or from the department or staff then that should be requested as well so they can get that part to the next me days minimum which is i don't necessarily if if you're ok with that that's that's all right but the sixty day timeframe if the information can be provided to the other members quicker than that i don't want you  necessarily hamstring that and it's up to is i think my my vote to defer this motion instead of sort of not to go to the first is hopefully give enough time for the parties involved to get together without us forcing them to and hopefully when we do meet again there are some other information too that with a vote won't go exactly it's going to go today so that so that is the purpose for sixty days is that allowed you can make the motion to defer for that reason again you can request that there be that  discussion but i mean there's there that would be a requirement but you you know you would vote at the next meeting based on again the criteria set forth in the permit any new evidence and again any absent members are going to need to be able to come up to speed with the whole record before they can take action on this on the side of yes as i just let those a one week turn off for me to respond to my guy was a little tight so on the matter that we have this afternoon i would i think sixty days request commissioner robinson i think if we defer it you know i could support a motion to do for i think if we defer it and allow the applicant an opportunity to speak with the community that attempted to intervene today's meeting it would be a step in the right direction and then to come back to us with the results of those discussions the only reason i supported that the motion to deny the intervention thought we're going to deny this application outright since we are moving toward considering approval or we have a motion for approval i think we should allow all the people that have problems with this project to speak with the applicant so if you need a condition or an amendment to the main motion i can do that or if the maker of the main motion would be amenable to adding a condition that they meet with the surrounding community associations i think that would be a good thing again at this time you can make requests but there's not going to be any binding conditions on the deferral i mean you can you can defer and request action in additional information but in the end your actions going to be to approve or deny i mean you can defer for additional information or and you can make that request and say it's for sixty days but again if there's generally you can't put a motion you can't on an approval motion certainly but on a deferral motion you can make that request certainly and if they don't do that to your satisfaction in you believe essentially that the criteria for granting the permits has not been met and they have not met their burden showing they're entitled to the relief requested you can deny the permit but in this case the deferral you can certainly state your you know your request that they speak with certain people but you know requesting is the findings of their meetings or discussions with the community rest of the community you can certainly request they provide any information that they have won on that or or specify exactly what you'd like to see that would assist you in your decision making at the next meeting to go kind of a comment since we are discussing surrounding communities the testimony has come in from know a homeowner's association who are on a homeowners association lanny a poco neighborhood shark pit neighborhood so i think that any discussions because those have been letters from those neighborhoods the applicant should be requested that discussion should at a minimum go to the neighborhoods that have expressed the most level highest level of concern so i just wanted to get on the record that those have been the neighborhoods that have written testimony of concert commission and i think that the applicant won in a favorable outcome in the next meeting and will probably reach out you want to repeat the motion on the floor director  the motion is to defer i think the request but there's a request with that for sixty days and that they are can go discuss the matter with the community but the that's five eyes motion carries additional one more item with this particular application it be action on the conditional permit planning commission make a recommendation for the county council and i mean just for the record it's clear would commission like to make a motion on the recommendation for the conditional  haiku community plan towards the bottom of the screen you'll see high on a highway and on a gulch right up here so you get your bearings and this is of course the project site proximately this is just to give you a sense of the surrounding parcels and the varying sizes of the parcels again with the subject ourselves highlighted in this aerial photo show you how heavily vegetated this area is either with and so this is a short term rental primarily on an agricultural parcel it's a in a one bedroom stand alone cottage which is the only farm dwelling on the property  lives on an adjacent site and he has an improved farm land lot is approximately two acres one of the one of the acres of the site is very steeply slow and certified kitchen wholesaler processor who then takes the coconuts and drives them and sells them at varying different locations around the islands and then the home site is about one point and and the structure it's on the property has a building permit it see what you can see on this site this property but i'll show you on the site in a few minutes this is the driveway and this sign advertising and notifying neighbors of the pending short term rental of it again driveway showing welling towards the end another photo a photograph of the farm dwelling this is the site plan this round area here is a thirty gallon water tank which is used to provide water for the property and would also be the source of water if there was a need for fire extinguishing site this is just a few of those sales receipts that they provided for the sales of a coconut to francis francis harold they also have a farm stand which is utilized by the neighbors  along the roadside the floorplan of the cottage one shot of the interior bedroom is off down a hallway this way so we went through all of the uses in our analysis in the interest of time and wanting to reasonable uses tests like i say if you'd like me to go through each of those individually i will but i know we have a number of other items today so i'll keep going on and just let you know that each of these uses would not plan and that's the all sorts of rentals and b and b s that have been approved or are pending the squares the pink squares are short term rentals and the green squares are permitted in be and within five hundred feet of this property there is one b and b there are no short term rentals at all in this within five hundred feet i'd wager to say within a thousand i think that was my last slide so i wanted to mention that at the time of the writing of this report we had not received any testimony since then we have received an it was forwarded to you by your commission clerk a letter from rober testimony from henry henry vanderbilt was another neighbor and he testified in support of the project with all of that said i would like to just mention that the applicant is here today eleanor is consultant mark greenberg is here today and they are more than happy to answer any questions that you might have as a my with that i'd like to turn the meeting back over to the commission thank you you thank you know we're going to you thank you for her thank you thank you and in consideration of the foregoing planning department recommends that the maui planning commission adopt the planning department's report and recommendation prepared for the july twenty eighth two thousand and fifteen meeting as the findings of fact inclusions of law and decision an order and authorize the planning director to transmit said written decision in order on behalf of mali planning commission so i haven't a comment on it and well i found it difficult to really ascertain exactly what if any of his letter applied to this particular application there was opportunity to comment and i didn't find it to be so so much i'm not sure if it'll help for liberation you it's a two lane road way that's a roll roadway that's up from the highway and there is a hard surface over i would say fifty to seventy five percent of at this point in time close the roadways actually maintained by the residents at this point in time there is a community association and funds are raised by the residents to get together on the but it is passable to cars and it is passable and all weather too you know and people drive small cars down there people commute with their families and kids and work we do a lot to term rental yes for how many years affordable housing i am one hundred percent behind that i actually live in affordable but squyres i affordable housing that's barely a portable but there is a law and there are there's a code that actually allows this type of operation that's put before you right now and this particular operation meets the requirements in a genuine way there is genuinely agricultural use going on on this property so i have a hard time with applying a general may be sentiment that you know we need more affordable housing yes we do but denying this is not going to create more affordable housing we need to affirmatively create affordable housing is a first i disagree i think taking one where there's been people living there two years at a time average i think that question and it just it is worth pointing out i think with the planners intent when there are is a criteria for approval or denial of short term home permits that the county council has adopted and your decisions do have to be based on that they do talk about impacts in the neighborhood in affecting the character of the neighborhood so that's not saying that there's no relevance to the comments you made but they do have to be made in the context of the criteria and if you need help with that criteria i think we can get it in front of you printed out in writing it in the staff reports for the most part so i would definitely review those so that any other conditions or denials or approvals you can based on reading that criterion seem you know it meets this one it doesn't meet this one and cetera particularly so you can provide the staff person if there's a recommendation that's different than what they have some information on how they can prepare the decision overview the kind of shows you what the neighborhood is so we have the l a aloa condos kind of on the south single family homes and then to the north you have a hotel zoned area with many condominiums that are up that way ok so the neighborhood specifically we're looking at single family homes that are along the water you know they go for three to five and a half million is the tax assessment that's mostly the land when you take a look at it the most of the houses were built in the mid eight a side you're looking seven hundred thousand up to maybe one point four of the hundred thirty properties that are within five hundred feet i took a look at real property tax records just kind of trying to get a feel it is you can see there are about seventy three percent live off island and i thought it was interesting that forty five percent received their tax notification in california are applicants from washington state the site plan again this is from real property tax so it's kind of an approximation but the permit is for four bedrooms there's three in the main house we have a one bedroom cottage and it's about half an acre and i think that's what accounts for the high taxes there's a large amount of land right there on the ocean ok i wanted to show you an  overview the house that's to the south is under construction it's been completely but you see it's been demolished you can kind of see up there it's being rebuilt the house that's to the right is the applicant's parents home she cites the reason that she bought her home is because the location right next to the to her parents home and if you look you can see it was never affected most directly would be that house that's right there that's her parents ho and then this is from the house but you see from the road and then the main house and you can see the garage if approved the application tends to rent the entire property out you know kind of see why as i go through the pictures so we have the parent's home again that's right there right next to the places where along with that wall is i mean you can kind of see the condominiums that are to the north right there where the property that's right there then again that's the den and there's the kitchen man that's the garage that's right there and then the parents house and there's the main eating area then if you go downstairs you've got the three different bedrooms that are right there and then you've got two bathrooms that are downstairs and then the one bedroom cottage and then the pool the successful off the lower level the south side where the construction is occurring is on the other side and then there's the side yard again that's the property to the north so the neighborhood i know we don't do site this once but i just want to give you a quick kind of virtual tour so if we're starting down on the south and going up and it's also just to kind of jog your memory i'm sure you've all driven through here so now we're starting with the single family homes that go through here this is one of the permitted short terminal homes in the within five hundred feet that's it right there and then as we continue down we just that's on the ocean side again the ocean side and then we have an across the street it's gated so even though i've done some permits and there i don't have pictures for each of the houses but we have a number of short term mental homes that were permitted in two thousand and twelve right and they're kind of goes out to a point right there then there's a kind of court you have a vacant lot and then you have to do actually just a there's more than one within five hundred feet we'll bring those to you to review i want to give you a regional map just so you can see the west side what we're looking at and then as we get a little closer i know when i did the presentation for the short term on a home bill we talked about clusters but we have short term and then we have legal of vacation runnels again as i talked about right there on the north so in terms of public notice you know as you already know neighbors within five hundred feet are notified twice by mail the beginning of the period and then again when the public hearing is scheduled the applicant is also required to place an ad in the news three times informing the public about the this hearing today and then department also places an ad so we had lots of public notice so what did we get from that we had one letter of protest that came in from a neighbor and then we also had three letters of support two are in your staff report and then one is just distributed to you right now so the letter of protest that's in your staff report that's the neighbor who lives three lots to the south shared concerns about inappropriate behavior that can happen with short term mental homes concerns about security for the area about ocean safety and concerns that home values may diminish with this type of  the applicant did respond in the letter that's also a new staff report she cited in there about the house rules that are standard for all short term mental homes nine pm to eight am is a quiet time and there's no amplified sound the property manager debbie is right here lives about three miles away she's able to respond fairly quickly her husband's a retired police officer the letter also includes information about the ronald agreement that's going to advise about ocean safety and then she discusses a little bit of tries to address the terminal homes are tax differently and therefore the assessments don't take into consideration the other uses of the neighborhood support letters are in there they're up there from the neighborhood  they're people that already know and trust the applicant they know the manager they cite the fact that there's many of the case in rentals in this area and there don't seem to be problems with the currently that there's adequate parking and that also they in some of them know the property manager and she has an excellent questions from the commission order and authorize the planning director to transmit that written decision in order on behalf of the planning commission well if you when you have a lot of time a short term we have regulations prohibiting clusters in certain areas you know what the council decided is that they would leave it to you as the commission to review them on an individual basis what we have found is that some of our areas are resort areas so we see it sometimes qi hay and you see it up in the stipulate area and then you see it in another part of the hina you have a large number of occasion runnels that were either existing when the bill came into play in two thousand and twelve that's what happened in this area there was an exemption but the short term on a home bill for the first year where if there was one within five hundred feet they didn't have to come to planning commission that's in a way what created the the clustering that you see applications that you did not review so these applications came in in two thousand and twelve there were in there that only was for one year or so now any application where there is yeah this is the only area where where they are independently  short term brunel homes within one residential culdesac the past short term ronald was operating illegally  somebody hosted a porn shoot on the beach not that we would object that was the property owner and my preference would be for us to considering to consider reducing the existing five or six short term runnels down to one or two in the neighborhood i don't think it's good planning to allow sho as it is a totally different category i see us as having a certain amount of rental homes that are loud enough in a an area and i actually rather have all these expensive homes and no but i know would live in pick up this pick up a lot  am noise from the solemn show not unreasonably it disturb adjacent neighbors so you can reasonably disturb the peace and maybe item for no parties or group gatherings be any conditions that would change as well as any additional information that would be required normally there would just be a deferral it i mean if there hasn't been a motion to deny or anything else there's the deferral and there can be a basis and information  i agree i think maybe my position is being unreasonable in terms of my objections to this particular application we do have quite a few members absinthe today  maybe did it surface shot at approval if they could convince the balance of the commission that their application is worthy of my perspective comes primarily from the standpoint of the right next item on the agend the mr chair so we have a little miscommunication on was going to bring the flash drive sorry of that but i can there's some opening remarks i need to make about some background information on this project  first of all there were two new commissioners that were not part of the original public hearing process on this project and i just wanted to make a note that they have received the final environmental assessment document as well as the planning department staff report and the minutes of the public hearing meeting and so they got that information and  i believe i've confirmed with them that they have reviewed it so they are able to participate in today's meeting  so just on some background information back in august august twelfth two thousand and fourteen the commission conducted a public hearing on the community plan amendment change in zoning and special management area use permit applications the commission voted to recommend to the county council approval of the community plan amendment and change in zoning the commission deferred action on the special management area use permit until the land change in zoning so ordinance number forty two thirty three bill number forty five which is in your agenda packet as exhibit number four amended the key hey mckenna community plan and land use map from business commercial to hotel and allowed a height limit of sixty feet on a portion of tax map he three nine to parcel seventy six the additional height will accommodate the movie theater building also ordinance number forty two thirty four bill number forty six granted conditional zoning from our three residential district h m hotel district for approximately two point six acres from our three residential district to community business district for approximately eighteen point three acres and from our three residential district to voice one open space district for approximately six point five acres  the change in sony was subject to or is subject to the following conditions one that the cross company shall provide their program to share our traffic improvements as determined by the project's traffic impact report and to the satisfaction of the department of public works second condition is that the cross company shell design construct and provide the following improvements at the intersection of p ave at no cost to the state of hawaii and with prior to first search if a could have occupancy being issued by the county of maui and the improvements included provide an additional eastbound left turn lane to create a double left turn lane onto pilani highway at no cost to the state and part to the first certificate of occupancy issued by the county also to restrict the northbound left turn lane to increase it storage capacity to the extent feasible consistent with the current standards and then the last condition was that the applicant or the cross company shall perform traffic signal timing optimisations of the p back in two thousand and fourteen in august two thousand and fourteen the planning department received additional agency comments first exhibit number six attached to your staff report we received a letter from department of land the natural resources state historic preservation division their letter is dated august twelfth two thousand and fifteen and they were responding to an archaeological monitoring plan that was submitted to them by the applicant for water lateral improvements for the downtown he project which they received back in january two thousand and fifteen there indicating sh petey's indicating that he archaeological monitoring plan does meet the requirements of a white ministry to rules thirteen dash two seventy nine and is accepted as h p v requests to be informed in writing of the initiation and completion of the upcoming construction monitoring project and anticipate receiving an archaeological monitoring plan within one hundred of the completion of the monitoring for this project we also received a letter from the state department of transportation dated march sixth two thousand and fifteen which actually superseded their june twenty seventh two thousand and fourteen letter which is in your staff report your original staff report dated lip labeled exhibit forty five  they indicate in their letter that after meeting with the project's traffic engineer on january twenty sixth two thousand and fifteen state duty finds the conclusions and recommendations of the t i a are acceptable provided the developer performs improved improvements as i previously noted that were attached to the change in zoning so i felt it important to go through all these all this background information because we did hold a hearing back in august of two thousand  fourteen i wanted to bring all of you up to speed on you know when we came for a public hearing what's happened since then and what new information we've received since we've got back so at this point in time  from mike moran president of the key community association and secondly we received an e mail from mary trotter who is a resident of south so those are the only two additional letters that we receive through the project just so can bring you up to speed on what the project is all about comodo and we also brought forward our robert harp de who is our environmental consultant who did the flora and fauna study for the project this is the view of the project  originally when the change in zoning community plan amendment and went up to the count so it was four parcels that were involved but in the estimate permit application only three parcels are fifty eight which is next to east of the is that the shopping center those are the three parcels that are actually part of the estimate application this is an aerial view of the application  is between both parcels portions of the project on the right hand side or east of little the drive is existing any shopping center which is also owned by the cross company and give you a background of the project to date i'm also happy when it went before the planning commission the planning commission recommended fifteen the council approved the land use and title meant currently the project is in the state law and use urban district its community plan for business and open space the thirty which is the parcel north of p k avenue they're proposing a four story hundred fifty room non resort local or so for serving hotel what they're looking at now is those of you who are longtime residents of ma we something similar to do which is basically was for residents you know for your family coming to needing a place to stay there also proposing approximately one hundred fifteen thousand square feet of retail of commercial retail space there are also proposing a forty four thousand square foot theater building and this is one of the amendments and needed to be done to the community plan was to raise the height to allow the height of the theater to be sixty feet and that was for technical reasons for the theater operation they also proposed to create a village square in in this portion of the project as well as six hundred twelve on grade and parking eighty which is a three point five acre what plants would remain untouched it's not part of the project and i'm part of the one fifty eight they're proposing a one story approximately sixty six hundred square foot commercial building and seventy two on great parking in testimony this is the site plan that shows the hotel site which is one of the main anchors on the north side of the new and the theater building which is and as you can see on parcel thirty which is the north property there is the wetlands and the landscape detention basin that's proposed i know like this morning there were testimony from mike moran you know asking for and bike path immediately along the western property boundary adjacent to the wetlands but in our environmental assessment of the final environmental assessment one of the recommendations that came out of the proposal seriously but because of other recommendations of what we should do to protect the wetlands they weren't able to incorporate that into the project and the other thing is this is  and this is the where the theater building would be located section of the theater and this is basically showing you what this project may look like there are design guidelines that were established with the retail commercial board as well as the department this is a view of what the project may look like from lower drive and lower drive already has a greenway lower drive new as well as throughout the entire property so that the park pedestrian is encouraged to utilize you know walking to the site as well as within the site and there's easy this plan was worked out with the department of public works and how did he care ave what's going to be designed in terms of the roadway improvements and the bikeway plan you know so this was reviewed and basically yeah there was a freebie at the hotel actually and they so they are going to have to enter into an housing agreement with the housing department department policy and human concerns we know how many that would generate speak to the engineer in charge of water would see that fastened to a point too and it wouldn't be higher in it can you comment on that please we we are designing the site further reduce the history so what we're focusing on as far as the net effect is that the existing infrastructure that was put in previous is is how do we how do we control that volume and to be in filter because now that's full of oil and gas and everything that's on the roadway and other things that might be going towards or put before wasn't there to have an opportunity to  rainfall that's going to be falling on top of the area did you account for the the wetlands as part of the calculation of area of rainfall falling or you just because it's catch in the water but it's also really bad traffic which backs up so we need to be concerned about the northbound traffic as well so synchronized you know that question as well especially when you have an event like you know  be done along those intersections anyway but we're we can thank you the people that are using the buildings they're going to take the trust with the parking lots and then use that are is their trash at the buildings themselves their trash stations out in the in the parking areas crushing closures or or removal of zones or there are a couple of them identified for example there's one what's currently called seize street view by building am and and these buildings right now are depicted as shells and depending on how we do our leasing the interior corridors where the back of house we're going to be and where those will be going out so we can we can move some of these small parallel parking spaces into delivery zones and make them into the livery early in the morning but it's but it's really going to it's because we have gotten a lot of people come back after a certain amount of delay asking for time extension so for whatever reason so is there anything that's stopping you guys going forward today  we've been and as the this room knows we've been going through this process for a very long time and in the beginning of the process there was and still is a a large shortage of non resort hotels there's a large shortage of rooms that don't charge a mandatory valet in a mandatory resort fee when all grandma or grandpa want to do is come and visit you know visit johnny and watch him play in the band or watch swim in the swim meet some of the more recent hotels that have since been approved since we started this process a long time ago is the courtyard at the airport and there's now a residence in under construction and while a those are called select service hotels they're geared more toward families and  business people who are here for a purpose as opposed to vacationers who are here for the beach and and the resorts so they're called select service hotels and non resort hotels and they are geared more toward business people and families visiting others on an island as opposed to a cage that's going to they don't they don't provide big services they don't charge for valet parking they don't charge resorts these it's something that that you saying when you come to visit family or what do business on the island you have any price points it's not for us to say we're we're we're not in the hotel business we're trying to make sure it's a one of the requirements that we're putting on ourselves and on the project is we're trying to make sure that it's a a brand hotel a name name hotel that operates to certain standards and then the market will bear i can tell you that we know for a fact that there's still a large shortage of hotel rooms because when we came back for the for the meeting the day after the the council meeting the day after memorial day so the jews they have a memorial day for us to get a room at the maui coast hotel which we were not able to do couldn't get to rooms but if we wanted to  memorial day it was four hundred fifty dollars per room at the maui coast hotel which shows me there are still demand for that kind of reason so once the demand and the supply stabilize a courtyard you know should should be under two hundred  night it should be and i think that the court going to the airport was pro forma to operate that way and it runs a lot higher than that i don't know if that answers your question of hope you guys have come on to reach yes well first of all the special management area from an application with the applicable standards for the special management area and complies with all the applicable regulations and therefore the planning department is recommending approval of the special management area use permit subject to your regular standard conditions were six standard conditions and numerous project specific conditions would you like me to go through all the specific thank  minimum of three foot overhang shall be used on delete the word all buildings incorporating overhangs to reflect traditional hawaiian architecture and the clarification on that is i used the word all  applicants corrected me that not all buildings have overhang some are parapet buildings so for all the buildings that do overhang do have overhangs we wanted them to have a minimum of three feet to give it more of  that traditional hawaiian architectural feel so that's the only change in consideration of the foregoing the planning department recommends that the planning commission adopt the planning department's report prepared for the aug twelfth two thousand and fourteen meeting