also want to take note of the passing of our vice chair jason the d commissioned gosh i'd like to say that i remember jason as a person who really fought for the working people and was always pushing for affordable trip we're going to have this point i'm going to open the floor for public testimony anyone wish to testify at this point please come forward if you can stay for the  deputy public works director and is feeling under the weather today but privileged to have the public works director david good i boundary the west married community plan designation a single family residential property is our three residential the project is within the special management area and the national historic landmark district at the time your report was published there had been no testimony with respect to the project since and the department received one letter requesting that the exterior design of the home be appropriate to the start nature of the front street neighborhood copy of a letter i believe was  front street in the last several years at this juncture marked a row of architects presentation of the project on behalf of  construction will be the contractors on this myself and dennis harman are the project architects states you know tomo civil engineer joel corpuz structural carolyn bass interior design and is landscape architect so it is in line on front street for sixty five front street right next to five o five it is it is the urban footage it's a single residence single family residence with ohana in a pool two stories will be about gross eight thousand four hundred square feet that's about nine hundred square foot garage drought tolerant species and it they are trying to utilize high fish and sea appliances low low flow fixtures and passive energy techniques to the to the north is a line of shores and neighbor directly to the south that's their house right there for fifty nine now across the street for seventy two so the this is the site plan and it's a little hard to see but on the right side is front street we have a dual driveway dual garage and you enter estrange entry way through the middle through a gate into a courtyard the walk through the plan for you guys are not really ok so you go through the entry doors there's the living room kitchen dining then to the left is the master suite with a master bedroom bathroom and outdoor shower to the right of the main entry or to the north is the guest a laundry room a guest bedroom and in ohio this is the same this is the floor plan just a little bit larger same same plan on the second floor is basically two master bedrooms one on the north side one of the south with the bedrooms in the middle handle a nice face in the ocean and the soften the appearance from front street this is the west and east elevation so you can see the split roof plantation style design on the east and west i mean not on the north the south rather the north the top top elevation is the north elevation south is the bottom elevation and on the on the on the north elevation you can see a raised area with the fence right there a guardrail there we had to raise that area that's where all the air conditioning quitman is in the this is a little bit easier to see i apologize for those drawings on the upper deck upper rendering is the oceanside or the west side the bottom rendering is from the street from front street and you can see on the lower elevation lower rendering the one story massing and on the west is the two story massing with cover to nice so these are the north and south elevations landscape plan again using indigenous species drought tolerant here are some of the plants that are being proposed law actually was supposed to be a little short video fly fly around but i can't get the play button to work so that is it for the this part of the presentation i have a materials board here i'll go across the top clockwise the garage door the garage doors to be opaque glass and  driveway is proposed a lot of pavers with grass in between this this slide shows the copper light sconce is on the outside and the copper lead or heads and some landscaping and then travertine on the lanai and some of the columns and the pool and i have somewhere here a roof tile chilly couple questions that maybe he might be more for you my first question is in regards to there was a house a couple years ago that i believe it's five blocks to the south of this that was built and the recommendation from the department and the adoption of this commission was that the house had to you court orders from front street to the ocean on both sides of the house you had to be able to see the ocean i believe the set back was fifteen feet on either side of the house why was that sa why was that not that same i guess restriction not imposed on this one that was adopted to that same one five lots to the south this particular lot when the house that had been demolished  there between the house and the landscaping that was there there was no quarter at all so we didn't feel it was necessary and it could be something that you could require which would be a redesign of the building like that also another restriction of it was they were not allowed to have a garage they had to have a pass through carport without  is again just looking for consistency in the neighborhood if we're going to have this guy do it why are we not going to have this guy do it the plantation style typically has a  if there is a garage on the property it is separate from the dwelling itself while these garages are attached to the dwelling they are designed in such a way that they appear to be completely go i guess my other question in this is is is if i'm recalling it is you said it's within the state historic district correct yes i believe it's also within the height of historic district is it not i believe so  do we have approvals as far as the hine a historic district that we have we gotten approvals that way yes we do and that's part of the package i guess i didn't find it anywhere i'm not sure robinson if you could help me out i'm not as versed as my fellow commissioner here is was the classification of plantation style because i've never seen a plantation home look as beautiful as that is pretty vague so i guess the reason why is is i think it's a nice home and my concern is consistency like you said it's not this house shouldn't do this it's not it's we're saying that they're allowed to bypass certain things because their patients the home almost every home has overhang almost every home has wood or assignees of it so i guess what i'm getting at and what we want uniformity so we always strive for us  demolished a home without permits correct without a permit from the commission although it did receive the correct building permit for demolition and  home takes away the the views of of the ocean and therefore in perpetuity forever somebody else can do the same thing if the not as critical as when there is a good quarter already that you don't want to have obscure thank you the same set back i mean previously existing house was built to those setbacks and my specific step back on the ocean side i understand back in the sixty's we had a forty foot setback for structure we have up to one hundred fifty feet back in other areas that current how does this comply i mean so i can't recall the exact method perhaps i can answer that question because the applicant did a calculation and we did a calculation and we actually had some of the structural map in order to for properties one hundred sixty feet deep and this one is and the other calculation that we need to do is to take the angle to erosion has a great and apply that  o a formula and we come up with a setback in this case if i remember correctly the setback was done by the annual erosion has a great and it came back to and i predict the exact amount that some fifty something seat back from the certified shore on the plants that i shock is that in compliance that calculation the building all of the structures including the either side or isn't just a drawing error actually the property immediately to the south does have part of it out in that the area a lot of the shoreline properties actually have a property that extends out beyond where the shoreline where the certified shoreline is and it's very often that is within the v t area so it's not unusual  designation as to how far that private property and into the the beach front as far as public access on the beach actually the fact that it is that the property line extends beyond the certified shoreline has no impact at all upon the public nature of the beach itself it is still it is considered to be within the state jurisdiction and it is public it has public access and is required to maintain public that is the reason why i asked was because in one of your orders you had somebody each outfit on that we don't know is equipment that was sent to someone from the public not necessarily from that are you asking me who has equipment that was in front of the in that photo that was just somebody enjoying the beach or had nothing to do with the project just west of the pool current currently actually that there's sheet runoff going to the neighbor's properties and onto the street and so this is actually an improvement in that runoff water will be contained onsite i'm not sure what you mean by government beatriz i mean i know there's there's beach on the west side of the property that's that's that's public property or you ask me there's like national preserve i'm not aware of a national preserve owns that private property belongs to the public it's called the government the trees are that in the case of all of wall they actually constructed houses on top of the public property on the government interests  we also have cases in the pili ports couple that were there areas with native government each reserves and i think the purpose of those reserves was to preserve lateral access for the public along the entire marks around here the the public access is just to the north of the property and between the property and the heiner shores and is that  narrow and not too much parking i mean whoever whoever would like to use that has either got to walk to the beach access or park along sides and front street where they can  if the drainage is going to be held with and of with in the landscaping what is the depth of since you're right next to the beach of the water how big is that stuff that also is kind of important for us to see and do you have somewhere  submittal where we had to smith those things i did not bring them with me today i do i was no where that that would come in issue there there is a there is a drainage report that we have filed if think that was only the commission have a lot of problems that have been brought to the commission based on erosion and that's why you're getting a lot of questions because it's ocean front property the estimate is that over the next hundred to you can guess you know twelve in the future the structure is going to last about forty or fifty i guess at a minimum it's an attractive structure if it's going to be well constructed feet and we did places the slab at ten feet one foot above the baseline elevation as far as taking into account future erosion of race no we didn't do that we we did particular is going to be seen the structure actually we're undergoing what's called a raft foundation design it and i don't mean a raft because floats i mean a raft foundation this is kind of new to me but instead of having a foundation a footing around the perimeter of the home and the slab being four inches thick basically due to the this the soil would be safe i don't know how it may not be desirable if the water comes up but again we the the base flood elevation is nine feet that's an intense anticipation into this picture and i don't you know it looks like complies with whatever call exists today for the for the protection and this is something that's going to come back to the commission again when you're at the point where the structure is threatened but part of the comment that i would have is in the design of the structure itself you should consider  it measures to protect the structure in the future so you don't have to come back to us when you're about to fall into the ocean because you have vegetation line that should be for par right now you can are you ask me how much beach is in front of that i mean what we're what we're showing here on exhibit six this vegetation is all of the existing now pocket that's there that it's not encroaching into the beach at all trying to find a photo can see where the beach and right there and the black fence is substantially beyond that and we're not developing we're not developing up to that back fence even mark is i'm looking at this photo is it safe to say that the hotel is closer to the ocean that you are definitely and with a new building in your pool the hotel will still be closer correct thank you i mean shots trees right there and the public part is right off the shots judy might have been fun my a thousand feet so looking at your property between the hotel and your property possibility of putting on a three feet or four feet i don't know what a walk walkway is for public access is a possible question can you repeat the question please can you repeat the question please yes your property between the hotel is it possible to put a public right of way in that area so that it's closer to the public it would be very difficult to do so because at this time we have raised as i showed in one of my slides you can see it somewhat on this upper slide here to the left is front street to the right is the ocean as you see it there is a raised area just from the property line to the house it's a raised walkway too so that the the equipment like the air conditioning equipment can be above the base flood elevation and so it would be very difficult to widen that path yes so my next the the hotel if you're leaving the line is sure is if you're leaving the hotel you either walk to this street or you walk to the ocean east or west there is no they even have a chain link fence on their property line going east west so really the beach access is got the chain link fence on either side so there's no  me just read a basically one sentence impacts infrastructure and public facilities and services the last census existing storm will be intercepted by drains located landscape areas and conveyed to an on site subsurface drainage retention basins located beyond the two foot shoreline setback so it sounds like they're catching existing i don't know if that means total after and what after development and enough existing that the old structure or in it current state undeveloped so he marks address that but any final drainage plans will be reviewed by our department for compliance with our drainage ordinances and the last comment i have is on the as well as how close they can be to each other so we have a standard detail and they would reference it in their driveway permit application i can address that as well marked around here  present originally we had a single driveway from this from the center of the property but it really made for it impossible to navigate into those two garages on the north and the south side even with a little sm know that and i guess the other question is is we're saying you know you go to the gym going back to the drains again as i look at the elevations of this and i look at you know is basically there maximizing every square inch of what they could build on there is a courtyard but even that's got papers on it so i mean as far as like percentage of vegetation that can absorb this is that i mean i'm assuming then this is something that your department reviews and you know  and makes accommodation or yes yes it does that's something we do we would look at preexisting condition and was proposed and what the changes are and so the engineer mistral to all i think is present as a civil engineer write up a report that looks at the differences in heart services calculations based on the size a lot rainfall expected where it's going to go and present that to us and it would be reviewed by our staff here in develop division and so i could follow up with that then i mean looking at this if there if it's going to be dealt with on site is that going to be a low the structure then is that we're going to have to put this going i mean i can't see any other place that they're going to be able to put it is  to drain onsite support to be retained on site is what it says it's going to be you know below the house that where they put it typically waters stored under under structures or basin so the report indicated they would be on site subsurface so that i take that to mean pipes that are specially designed to accommodate we considered leeching at all in that call within the skill correct well to me it doesn't match at all to exhibit five which shows you got forty feet of the house with a lot it just doesn't seem to match at all everything is everything should be to scale however it does appear that there's some more grass area in that rendering than what shows on the site plan this site plan or the civil sheet the grading plan does not show the actual shoreline and beach area it just shows property lines and where top of bank is to add to your question i would say it does appear to be a little bit more grassed area on the slide than on if you could just help me out on the answer is this is the elevation from from the front street road your driveway does your driveway go down the simple straight does it slightly to lop elevation street is about five maybe five and a half feet depending on which side of the property you're and then the garage it's about two feet above that yes your garage goes up correct and then is your is your home then level and to exactly sure but i would say about twenty nine twenty nine feet and is that take into account the sound of your property and it's less than thirty five is what you're saying you guys are correct i mean i'm not correct when i say twenty nine  house itself is about twenty nine i believe but it follows the great maybe thirty two but with a bit the base foot elevation where given a few more feet above the thirty foot of existing grade so we do fall the setback area there's almost no distinguishable difference if you lay one footprint over the other this one has a very gradual curve as opposed to the straight line the project was redesigned for that purpose ok if fifty two feet is a setback property what you're saying is that the pool and the steps and all those structures beyond what we see here so the exhibit a not correct that's correct i apologize which she got she can you get to that photo constructed now looking at that residence and looking at the wall if there's a heavy rain coming down where there's a drainage call for the water from front street over to the ocean  so the drainage from front street to the ocean right drainage from the front street sports the property we have a we have in lives we have  area drains throughout the throughout that area they go to subsurface drains that lead to the perforated hypertension basin in reason my house because you mentioned that your driveway is three feet lower than the residence itself two and a half so now that water that goes into the driveway it goes down into a drainage is what he's saying so that it doesn't go to the neighbor or correct mark i'm looking at your exhibit six out to a straight line on the my tie side of the property and there's a dashed line that's above that looks like a property line also and you explain to me what that is it's the top of a bank like to understand is is this landscape plant being planted on land or is that one hundred percent of the property it would be definitely one hundred percent on private property so we commissioner kind of i don't want to i guess castree any of the questions that my fellow commissioners might have but it seems to me that as commissioner has said this is the thinnest s m a application that he's ever seen the exhibits aren't correct there's a lot of questions that we have continuing and  not all of them we don't necessarily have the answers to them and so i guess i'm inclined mr chair to make a motion for deferral i don't necessarily want to do that if people still have questions but it just seems like we need we need closer to front street is i'm sure bill before shoreline setbacks were and acted so the proximity of the original house to this there's no relation i mean to answer your question the previous house was closer to front street but it was also much smaller house i'm sure it was not built with any thought of short and set backs in mind you have any idea when  testimony i'm looking for drainage something i get some sort of engineering to that effect i would like the exhibits to be accurate and second second by commissioner roberts and discussion motion  like of confirmation of approval of the two driveways of the plan a determination on whether the property is lamp cord or regular system display of the certified parking between public parking and the beach access which is on the north side of the property a display of the fifty two foot back line is played on the map process i have no problem with that that's a very much acceptable part of the motion commissioner robinson i would also like to ask which it might already be in the packet is is yes and agreed thank you commissioner hudson question robinson just my concern is i just like to leave it there i think the project is a good project but i think it's sorely lacking in certain areas bishop robinson i just like to make the comment it is next to a hotel also where people live and on the other side of that is also the veterans and there is a concern of the water on the beach an erosion of something must have passed through feet to the left and you know we just want to make sure that the ocean front in the in the street involved are taken care of and that the owners of this house have a nice house enjoy but that i want to fix anybody else the kind that slips into the cracks i think it's because nobody knows whether the state supposed it responsible for the government beaches or whether companies supposed be responsible for the government beaches or or nobody's responsible for the government that like seventy or one hundred feet wide and it always falls into the cracks and we captured by mistake usually by accident you know when it comes to us so if the commission could get a map which shows these are all the any other comments additions and do have a question the the map for the the trees or do you want that back with well answer the question for this particular project but it may take us more time to get together  distance or the distance of the public parking display the setback line with the structures accurately determine the conformance of the lot with the coverage ratio  the applicant is to ask the owner whether they want to incorporate shoreline protection into the design of their structure determination of where the street level vegetation and where everything is because seems like it's pretty foggy information we're given we're talking forty feet step back where is the start and we're talking and you know there's a substantial amount of beach area also but it's not clear where that is especially with the rendering on the video doesn't show clarity so if you can just provide the commission with better is a straight should picture strongly as show that we that no might my intent wasn't necessarily to to have them post another notice that that wasn't necessarily my intent my intent was to i guess all property owners within five hundred feet and notices were sent to them indicating that this project was going to come forward and no one responded we got one response  one or two but i hate to try to amend something we've already voted on and passed and confirm for you that that's what we did that we now have confirmation is this sure if that's the confirmation that i need we have no something from you know just a simple you know they're aware of everything or they're seeing the plan i mean i mean i have the applicant as a resident atlanta shores so i'm sure they all get along but i think with hope in the pack it was i think they did amazing our next agenda item is number d our letter d acceptance of the action minutes of july twelfth two thousand and sixteen meeting regular minutes of the every twenty third twenty six meeting building permits applications is consistent with that which has been in step one step two part of the process the special management area use permit and the plan development step to permit were approved by this body last october the twenty seventh on june twenty eighth they submitted their application for time district the third step approval it relates to the site plan as presented here versus the one that was in place last year but any changes no substantial changes at all it's very much you can your original timeline talk to the contractor  and so on that this particular site which is already a developed resort site there are no dedicated beach party for the public there is each parking at public access allocation a part assume that's public parking along the entry drive because that's a really nice view chordal your minor standing that's going to be full with parking on both sides changed at all from so so so was i recommended i remember we talked about parking along the driveway and there was about five or six stalls on the side to make up for the lack of parking somewhere else were great saw that was the improvement i'm so confused because it doesn't it doesn't denote that this is for public not for guests party i think so you cannot discriminate one the other a lets you have a sign that says get  being correct on that that's what i remember too it's all that trite and julie which currently just basically just drive away there's nothing there but there's wide enough space to have you know park skulls on one side it would never translated as such as a condition or a requirement i think that it's gushing if i recall was that if it was still a long distance away from the beach so the practicality of it the question that the question that i have because the property has so much beachfront what is you know one of the number of artists that have been committed in the past and were represented on this whether parking is right now there is no parking along the entry drive so the improvement was to look to see if we could at party along the entry very specific areas throughout the unity in order to provide that needed and necessary access to the beach so fortunately my understanding of you know that larger development i into actually has to get back to that whole idea about public access because that particular beach frontage is very popular with people walk in that trail along the shoreline and i remember prior to this owner that they are all out this get sparky for public to go in and park there and go now it's valet parking so you've got to get a ticket in order to  that area and i think what was what is happening now is that the public is getting very upset about people coming in buying property and then  access to the beach and we hear it all the time and so you know one way to kind of promote public acceptance is to allow public to park and the public just parking area  now it's it's dated so the public if they're going to go in there and go to the the beach to pay for the parking and i think what is happening now is that the public is getting less access to the o because all of these new requirements are coming in i think part of our responsibility is to make it so that we are promoting public appreciation and access to the ocean which is public and i think somewhere another we gotta make it so that we're not shoving them out on a private driveway away from the facility just for the guess so somewhere another  recommend that there be a revision on our in public access all public parking yes the purpose of the step three is to determine whether or not this site plan that is being presented is and and the building plans the construction plans that were submitted for review are consistent with the bill that was given for the plan district step to permit i know that we didn't creatively said this through some parking spots in the driveway so i'm pretty sure that it came from the applicant because and that's all i'm saying and i just i'm just i just feel confused about me thinking that there's something in here and there's something else it's i know that i saw it on the drawings and i know we don't make drawings so i don't i guess the planning department can figure out what happened to it i personally think i need to review it because you guys going to get it if you guys get this in the here and maybe just check on that that's all but other than that i mean the hotels building facets you know they're getting it done and it's you know everything's good i just i just you know the decision either way on the parking but i thought the parking component was written there as a as an olive branch and they director of our the commission decides on this whether you want the planning department to review this one of the things we're definitely going to look at is what the records regarding parking along the driveway in each access and all doubt so that's my assurance to you and if you choose not to waive your review of it and you want them to come back i mean certainly we would gather that same material for you since it's come up as everybody's collective memory that you know what is the issue regarding parking we would gather that and bring it back at another time should you choose to do the review to that same case with by there and i think in this particular case we have pressure from the public because stalls that were allowed to be used for beach apparently are not we have a lot of work already in a trust you and your staff to do a good review thank you but i would like some closure on this also i would like because i i'm almost one hundred percent certain that the records will bear it out that we had this discussion what the record says and what the representations were the if it turns out that  let's say we find out that there were representations made for the parking in public parking and all that we come back and we report to  you i'm trying to i'm i'm just wondering ok then with that trigger a third commission review of some sort i'm wondering if it would be better just to for the commission to see you this then we can gather the materials put in your package you can see for yourself and then everybody will be satisfied when  we have twenty thirty conditions that we put on things that you guys monitor and correct it we have to come back and review this whole thing again i think is you know you guys you guys if it's a condition that has to be done you guys can have yourself come back and it is just  mean either way i'm good with that we will definitely  approved so there is a substantial onus on the applicant to develop in accordance with the plans that were present also i believe the condition is that representation to the planning department to make sure that all of the requirements are triggered by this renovation project are strictly adhered to by the apple application that was filed with the  approval of those plan development step three construction but what i wanted to do today was to stand up and reassure the commission that those conditions that were attached to back thank you mark you know and i now believe by most general standards yes you know i believe you guys done a great job in preparing and making sure all the conditions are met however for sake of consistency and also we have a very specific issue that's regarding the parking and i think my believe as a commission we should have a certain level of systems see when our decisions thing for us and for us to be consistent in our decision process i think this is a serious matter the owners are talking about each access are taking access away from the public and i personally don't feel but now that all these new restrictions are coming out we start to look at you know maybe we should for our public relations standpoint for the public they do that because you're absolutely right we did go along well to speak to the motion on the floor i'm in favor of that motion you know it is again i trust and staff and and the department to be able to do that i have no recollection of what happened as far as that because i wasn't here so i guess speaking so we just did this but i think what every single one of the commissioners are getting to is this systemic problem that's coming and that is you know public access local folks being able to go to the beach plain and simple i thought you know commissioner gosh you hit on something i think it is is it's kind of skimmed over a little bit and that is we can add all of these additional parking stalls but if the hotel guests are jackson because i'm one of those guys it's done that right i mean right next to westin you know behind les loni's how many times you've driven through there and you have to do the loop and it's all rental cars you know it's not local folks being able to do that which is a whole nother issue that i don't think we can necessarily address currently but i think that just you know i guess moving forward just to speak to the public parking issue i like the fact that every single one of us takes that very very seriously and that's important to all of us and i also agree shops for this particular product project the shops going to pay parking completely change the dynamic in that entire area as far as you know each access goes for local folks so park my in front in front of this driveway specifically to show that i could go to the beach director to richmond i'm not telling you which way to vote  but if if you voted to waive what we could do is we could put a communication item on the agenda and we could write you a you know a couple page memo just saying any attachments that are necessary saying ok this is what we found the discussion on beach parking representations made and and i don't want to confuse the step three  land development review versus estimate requirements for two related but different things and so will i will send something back to you if that's the way  report is requesting that the commissioners more bill to amend enforcement procedures for bed and breakfasts and short term rental homes and then also  there's a council resolution to the lanai a maui molokai planning commissions who established containing proposed bill to stablish ownership durational requirements for short term rental home applications for those things to the council with your recommendations about two years ago the department came through with their proposal men men stew the short term rental of ordinance the consul dealt with it for about a year and a half and in may of this year those amendments were codified in ordinance number four three one five in the contents of the council's year and a half review certain member so the council has referred these bills to the three planning commissions we're just asking if they go to one advisory committee for their recommendations for your consideration when you consider the resolution i don't know whether or not we got an acknowledgement of this seat a letter or any other kinds of consideration the letter and what i'd like to see is  commissioner had gosh he had questions about i guess my question is is there some point time we can quote unquote clean this up where we're not looking at pages and pages that you know got twelve pages of open s m a's dating all the way back eight and and maybe they're open and that's fine but it seems like you know we've got dozens of them from two thousand and twelve even at four years old you know it is and maybe again i'm kind of the new kid on the block and maybe that's just normal it's all good and there's nothing to clean up i don't know but i just dug address that say is this is that normal is there something that we can do to suddenly say ok these things are closed in some particular way a commendation to the planning staff i finally see one that says done done so that's a big accomplishment our rules or wires there's no drop dead date there's no conditions or anything like that you're saying this is a this is not a development state law or the commission's rules or anything else is showing need you know a start date and ending date so we'll look at those individually and i've seen any number of estimates miners with those you have to complete within a year sometimes a stop sign or may not go back in and you know getting close some of them you know for whatever there are a hundred other reasons why something may not be close and vote on favor rd stamp director department of environmental management for the closure of the inactive next meeting and also i guess we who was the mayor for a the place we we have spoken to the mayor already and so that is in the works and they will