presentation but before they are after the staff overview their prior to the applicant's presentation so we're going to take it a little bit different this morning and we are going to take a gen drainage capacity because it is right now what they're doing is they're actually going to capture on site a one hour rainfall at the fifty year flood mark and all of that drains actually coming from hollywood you know coming coming from hung up on a ranch so it's not even like on site stuff that's going but feel like it actually is going to make the drainage problem in that neighborhood better so i think the key recommendation that commissioner hudson and i have is that the commission go ahead  you thank you commissioners thanks for your report and when just when you have an investigative committee the committee can report back to the commission you know  following commission meetings or counsel or whatever is forming the committee but they cannot take action on whatever they were courting on at the same meeting where the report is given so this it says october tenth twenty fourteen was when we initiated the investigation ok commissioners we're back to you have to public hearings this morning the first one is for mr james walters jr and natalie walters requesting land use commission special permit for a bed and breakfast operation in the state agricultural district there for the commission will be looking at the request by mr mrs walters for their two bedroom bed and breakfast in as there are other b and b s located within five hundred feet of their specific property the second permit that will be dealing with today is the state land use commission special permit which is required because the tion planner in the planning department had an emergency and has to be back in arkansas and so she was the one that had written the report but i indicated that i could fill in for her especially since i live just around the corner so i'm familiar with this property and  driven past it in fact i did so this morning the request by mr and mrs walters is as indicated for the operation of a two bedroom cottage in addition it's also you request but as you know the bed and breakfast operation they've submitted a very detailed application it's cleared through that process notice of the application of the b and b was given there were no opposition letters that were received then a notice of this public hearing was put in the newspaper and was also given there were no objection was received in fact the commissioners do have multiple letters of support for this project an addition there was a notice of the hearing for the state land use commission's special permit and no opposition letters were received on that they followed the procedure requirements so i believe according to the  chairwoman this process is going to be we're going to have the public hearing and then mr mrs walters and mr he goes to his words with their farming operations will be giving their presentation correct so at this point we will open the floor for public testimony larson ok all right that's fine do we have anyone here wanting to testify on this agenda item been longtime residents of maui for over forty years and both of our children were born and raised here and my wife moved here when she was five and grew up until glenny with three other siblings and she was raised by a returned to maui to work as an accountant and is currently employed seabury hall as their business manager i moved to maui when i was twenty two in one hundred seventy three and sold for over forty four years ago i guess it's been at the time i had worked in a cabinet shop in california and and that experience helped me to get my first job was later gone senior goals builders  since passed away this is so good man and i worked for leonard for about ten years he was a great help to me with house plans and encouraged me to build my first home at twenty five years old maui at the time you get are between nine thousand and twelve thousand eight hundred to qualify and i made twelve thousand five hundred invited in the ballpark so i dug a hole putting by hand for that first house and all seven hundred how i've been able to continue on that track building homes and we just finished our last home i think it's my last one  number seven and for my family and my wife and i've continued to work as i build these homes after working on weekends and she was out there helping me  of the employers i have sub contracted for help old vic who are encouraged me to get my contractor's license back in the eighty's three d builders trend builders web development cutting edge development and i now saw the contract for to place his cattle on the property and we now work with noble noble and his family have from four to fourteen cattle depending on the grass and other factors on the property and a lot of a lot of c and also removing the fire weed which is not good for the cattle and things go really fast and in rainy haikus we have a great relationship with noble and his family and  we hope to continue to work together to keep our farm plant implemented and enough country lifestyle and at this point i'd like to introduce noble to you folks and l besides work and building homes were also members of why put a chapel and cooler and we both serve in our church i play congas on the worship team and my wife is on the hospitality team and now is our home and we plan on remaining in maui lord willing for the rest of our days our hope with obtaining a bed and breakfast license and special use permit is to provide a country living environment for our visitors to north shore maui a b and b would also allow us to keep the cottage open at different times throughout the year to have our children and their families and our extended family on the mainland visit us our son lives on a wall and our daughters just moved to idaho and we have family in california oregon texas montana arizona and colorado and they come from time to time to stay with us and it's been really nice to be able to have a cottage available for them as well  is our cottage that part is pointing to that we would like a bed and baskets license for in our main home where we reside in here's just a partial site plan that you can see a little more closely there's a floor plan of our cottage we have ample parking so we have a covered carport it's a two bedroom two bath with  eye on the left hand side of it and we also have two other parking spaces in the driveway so it would there be no street parking so there's our property quite a lot so we're back in the just some pictures of the inside  i just want to say that live account and excellent job on her review and analysis so it made my job easier to pick up from her recommendation is that mr mrs waters have filed an application timely they engaged in all the public notice being in public hearing procedures and that the recommendation is for the approval of the bed and breakfast and the state special use permit to operate their two bedroom bed and breakfast according to the conditions outlined in the department's recommendation with a validation date until nov thirtieth two thousand and twenty which time they may ask for an extension and be reviewed according to the procedures and in place  chair and then most of the commission thank you i want to publicly say thank you for your service to this community as a team to constituent my name is kimberly well i'm bringing as mr spence mentioned i'm new to the department of planning however i have worked for the county for twelve years some of you may already know me the item before you today is for your review and recommendation because the owner applicant miscanthus start is seeking an approval of a state community play and districts as you note the cap is eighty eight there were no comments from the state and there were no pool reports filed by the police department there was one request from services for someone wishing to get a copy of the application there are fifteen letters in favor of this start and the proposed b m b you may have more in front of you at this time there were four letters of opposition received your so may have one more there you start is here today to deliver a powerpoint presentation and to answer any questions that you have after the presentation i will provide the department's recommendation before i introduce the start i would like to poke point out to typos in the staff report in the final paragraph on page ten and on page twelve number four i inadvertently cited the wrong street  point we're going to open the floor for public testimony and you folks are going to have to help me with some of the names the first first signed up testify or sharon right sharon please state your name you'll have three minutes ok good morning commissioners my name is sharon wright my husband and i reside at two twelve and two ten all poised st our propert parents we are one of the original owners and haiku makai and chose this north shore country neighborhood for its real quiet lifestyle present time are twenty four lot of division already contains two permitted short term vacation rentals with one of these t v yards approximately two hundred fifty feet from our property this would make the second seat so we have on each side of of the twenty four lots remain vacant and nineteen of the main residence are owner occupied with the exception of the scots main residence and one of the two existing t v ours the majority of owner occupants are working professionals some of which have school aged children and some with grandparents who reside within them the commercial activity in small residential and real neighborhoods on maui is getting out of control housing is being taken out of and in tory from our residence and converted to short term b and b rentals for larger profits more and more rule and residential neighborhoods on the island are being destroyed with this type of commercial activity at the expense of the locals who reside in these small quiet neighborhoods as outlined in the b and b ordinance one of the primary policy objectives is to strike an appropriate balance between community needs including the protection and enhancement of the quality of life in a residential neighborhood increasing the commercial activity in our neighborhood beyond what presently exists and allowing the increased traffic noise will negatively impact impact all of the hardworking residents and provide no benefit to our subdivision whatsoever more b and b s into the ours is not what our neighborhood needs this application will not protect her and hence the quality of life in our residential neighborhood but rather leave our properties sandwiched in by commercial activity on both sides and introduce a variety of negative primary and secondary impacts that will be we will all be forced to live with the noise generated from this potential b m d commercial activity will have a direct impact on our property our long term tenants lives and then the others within the subdivision the scots main house which is the subject of this application sits up wind of our property it has a large deck that faces the street and is completely exposed as it is right now from our home we can hear when the stars are conversing on their main house lanai within their yard and especially from their cottage because of the orientation of the main house there's no direction or buffering of the noise generated when people or outside in the front yard or congregating on the the trade winds often carry the noise outwards edition of noise that will be generated from the d m v patrons having parties entertaining on the lanai playing music etc while b for profit and does not does nothing to preserve the quiet and rule of character of our neighborhood furthermore i mediately adjacent to our property and directly across the street from the stocks property is a neighbor who has a dog when the dogs are out in their yard during the day and well into the evening very easily disturbed by voices when cars approach or slow down and always when people walk by the issue is very real for all of us and even caused one of the adjacent neighbors to file a civil lawsuit against this owner for continually nuisance barking the increase of noise generated from this additional commercial activity to and from the straw property will create a secondary impact to all of these and will absolutely agitate these dogs leaving all of us to cope with the additional noise additional shafik generated from the commercial activity will also negatively impact the safety neighborhood there are no street lights there are no sidewalks there are no speed bumps there are no speed signs it's very quiet very rural that's how we like it pretty much at all times of the day you can find children or dogs walking around the neighborhood and and the health overall health of the neighborhood the three proposed bedrooms of this new development would come close to or actually seed doubling the existing number of commercial endeavor in this neighborhood and i would argue that at some point this balance is exceeded and it becomes detrimental to the quality of life for the residents and with the increase in traffic and increase in the ways our house happens to be located right at the grass in grass point of the neighborhood so essentially all new traffic passes by our place and so having this essentially doubling of transient traffic the three additional and my apologies i forgot to ask if anybody had any questions for the previous testify on this right and the thing i don't like most about being the uses i feel like the only benefit one person and i'm probably none of my business but they got fifteen letters of support i'm just curious if any of those people live in the neighborhood because i don't know anyone in the neighborhood that's been support there's a big wedding business on maui throw a bride in the mix you know say they want to have a limo come pick them up a makeup artist a photographer of cars and him out i know you want and i reasons for doing this was that her mother would have a place say right now canned that her boyfriend from what i understand live in the cottage and i suggested maybe they move to the main house and that keeps an open bedroom for family and they can rent out long term the cottage and then there's not the rest of us that have to make the concession for their financial gain they're making the concession and the rest of the don't have listen to a noise and wake up in the morning and there's some person you don't know and i would say at any given time about twenty five percent of them are looking for a place to live they pitched tents on of course oh yeah i pitched a tent on someone's porch they rented house young girl the worst mess is where do you live now i rent a couch i said ok you know i mean the lengths people go to just to find a place to live just to survive i feel like there's a lot of b and b there writing i understand it's only half of what's allowed but between the the legal ones i really feel like it's too much and i appreciate to the visitor industry generates money but i think it's gone too far and i think it's affecting regular people hard working people and i'm against thank you any questions her testify please state your name and you have three minutes my name is sponsoring your good morning commission members and director like i said my name is spencer inger and i'm candace not boyfriend and i've been living on her and her family's family's property now for almost three years i'd like to share that is not only been a pleasure living and contributing my time to the property but it's also been a great opportunity to be able to be so involved in the workings and processes of a small scale farm in haiku i was brought up in a rural farming community and earned a college degree  natural resources management and i am currently employed as a field biologist for the ca have a wind farm i've been doing this for the last six years now i'm no stranger to hard physical labor and i'm certainly familiar with the work involved in farm upkeep on a two acre parcel such as this i'm also well aware of the value that our county and state agencies place on sustainability and agriculture as a whole but that being said i would like to share my sincere support for kansas bed and breakfast focus on the beach when they're about six months old even now they remain very close friends cancer left the island to pursue her undergrad degree in architecture this is a young woman  herself through college and finished debt free i can tell you my daughter didn't do that i don't know many students that are able to do that it shows hard work and dedication she returned to live on this property and now pursuing her masters in architecture through online education we think county government there's always talk about our bright and skilled young adults leaving the island for their education and then being unable culture and finish her education i am impressed with their efforts to live off the land kansa has the best and possibly the only farm in this neighborhood her partner hunts takes in dear frequently on my property thank goodness they raise chickens for eggs goats from out trees for free grow a veggie garden and do it all organically happy to say that i'm a frequent recipient for very seriously to the point of having a catchment tank dedicated to farm irrigation aren't her agricultural efforts what we're here to talk of today is her property as polished as some others in the neighborhood did this on her own she is a determined bright young woman don't let her dainty appearance fool you she's a very strong individual she is determined to make her be and be succeed and knowing her as well as i do i have no doubt that she'll be able to run this operation smoothly my husband and i have been in the vacation rental business since one thousand nine hundred seven and we're happy to step in unless she encounters a situation that she's not sure how to deal with we live just two minutes away being in the business i can also say that the vacationers don't create any more traffic or noise than a long term tenant or an owner living in the house frequently it's less because there are very strict rules that they need to abide by they also tend to have fewer cars in a three bedroom home you can frequently have mom dad and a high school aged student having three cars but when application will be reviewed by the planning commission in this case there's not enough to be in be within five hundred feet so the being the order permit is not before you what is before you today is the state special use permit and there are some specific criteria that that you evaluate state special use permit under and it really is to demonstrate is the use that's being asked for here compatible in the agricultural district and with the agricultural uses that are taking place i am familiar with thames as property to the extent to say there are legitimate agricultural uses taking place on this property from some of the other properties around her and many other properties  it may be highly questionable whether there are actually agricultural uses taking place the testimony that you heard about impacts that that that people might feel from from these or uses a b and b i can state  fifteen year b and b owner i've never honestly seen that type of impact i have a three room bed and breakfast at my home and i know for a fact that my home generates less noise and less traffic any of my neighbors as was just pointed out if you rent a three bedroom home to someone likely there's going to be three cars and those cars are going out in the day in the they're going out in the night and when you rent a three bedroom home to  a shorter run a person there's likely going to be one car and the parties go out together i also can say without question my guests have never ever never had a parts there's never been a fiftieth birthday party with music in north but my neighbors have been quite regularly who you know have long term tenants so the idea that it's been wrecked this is going to bring more impact to the neighborhood in terms of noise and traffic it just doesn't bear out in reality but that isn't what's before you today going to remind you what's before you today is the state special use permit and the agricultural uses and and the will tell you about those thank you and any questions thank you very much anyone else wishing to testify at this ok good morning commission members and director spence firstly i would just like to thank you all for being here state your name my name is ken stopped as a brief introduction i am here in hopes of getting my new permit approved for my small scale farm and i care as everyone has mentioned i have lived on maui almost my entire life and i was raised and i grew into this and take this for i now have a bachelor's in environmental design with a major in architecture and i'm currently pursuing my master's in architecture online which is allow me to return back to my home here on maui i value the hiking community highly and i'm so very grateful that i had the opportunity to not only grow up here but also continue living here today i have to the application for  permit not only to allow for the growth of our farm but also to address the fact that my parents who are currently living in australia to come here at least two times to three times a year and they want to be able to stay on the property that they did establish with  'd also like to mention just as a side note for all of our testimonies the dogs that were mentioned are not on my property i unfortunately have no control over them but when oh yeah sure they are not on their property but i do have no control over that and also we are really hard working family trying to work on our farm as an introduction the property is located in the haiku makai subdivision which you can see here it is adjacent to highway and borders is an agricultural zone subdivision and the majority of parcels are larger than two acre lot my property is two point zero three three acres i have letters of support from three of my body neighbors and seven within a five hundred foot radius also five additional within the height humankind neighborhood please note that this image was taken a few years ago so our agriculture is further established them it is somewhere it is here here is a satellite image just for further reference you can see a brief introduction to the property specifics again the law is over two acres our site for and the proposed bed and breakfast farm dwelling is located right here and it is a three bedroom two and a half bathroom home owner's cottage which is where i live with my partner spencer is here and it is a two bedroom small cottage there is an additional private garage which would not be for guest use and then we also have the twenty thousand gallon agricultural water catchment tank which is also not forget  and then other produce is spread throughout the state on site there is also free range chickens and their coop is located within the go pasture regarding the parking there would be never any on street parking the property is very large and i do have ample maneuver in space and parking allocation bought this is an aerial view of the parking just to see them on a space that we have fo as stated earlier the property can be accessed from the north or the south of actually my street and we do have three fire stand pipes within close proximity to the property two of which are pictured by we will square this is an exterior image of their proposed better breakfast when facing towards the south and then this is an exterior photo of the owner's cottage which i reside in and we also have a tractor garage for storage of all of the farming equipment also as some additional property information the properties border is established with mature eureka palm and presidio which we harvest once a year but upon so many an application i did receive concerns of privacy invasion of farm keep from my workspace the neighbors to address these concerns i have planted a secondary hedge and the hedges matching the same that they use as their privacy buffer in an attempt to keep the characters neighborhood and maybe solve some of these issues it's as briefly mentioned a few times on site there is a twenty thousand gallon water catchment think it's gravity fed off of the roof of the main house which is the farm dwelling and the proposed b and b it is only exclusively for agricultural use and we do actually have irrigation running to almost all of our produce fruit producing trees on site we've had it for fifteen years as well so this is nothing new based on the better records permit since the purchase of our property from today my family has always implemented an improved farm plan the farm plans have always been approved with more than fifty percent agriculture use and today the most updated plan which i did within the last year has the following this is quite a long list so please bear with edible prickly pear cactus he also base our top coffee avocado terror our cooking at the boy but anna and actually a whole lot more we also have the goats which we use for milking and lawn maintenance and then the free range chickens which of a brief history i just wanted to talk about the initial purchase of our property my family did purchase a property in one thousand nine hundred eight from chevy of the same when we purchased from a service and he did put a really big value on the agricultural uses of the land because it was previously pineapple and my family decided to take three years to begin reestablishing the chemical ridden harpax oils from this pineapple development we went there went to a dear friend of ours who has a dry land tariff armor and she actually utilize the land and began reworking the soil all harvesting dry land taro for the three years now i just flicked through some photos of the implemented farm plan on the last you can see just one of our harvest from one my family was here last their avocados oranges tomatoes and a whole bunch of other things the certain cherries are on the right hand side and they're really high in vitamin c for you and you can make jams and chutneys out of then if you don't like eating them wrong this is the glitter ins know which is actually a really amazing plant as mentioned earlier a large majority of our property line is bordering with this from the east to the west and the north of the property in case you're not familiar with the plant it is a very fast growing and higher nitrogen based hedge i harvest it usually once a year and use the wood chips to surround all of our fruit producing trees for and with the nutritional mulch this is again reestablishing the soil each year and it serves a whole nother purpose besides just a hedge  yield a larger harvest of all of our citrus throughout the years that we have used the plant is also very high in protein levels and complements lower quality soils which might be found in our neighborhood eliminating the need for chemical fertilizers which is really nice our goats also benefit from it because it does have the high protein levels so it is used as feed for them too and this is just another brief otoh visitors harvest you can see are free range eggs on the bottom right hand corner and then orange juice that  we recently did have a new baby in august which was a really great experience to see that happen also the female and our new baby is a nigerian dwarf goat and they're known to have a much higher milk yield and they are also a little bit more manageable inside for the farm these are the chicken groups we handle to my partner and i kind of got to use to a bigger us and we have a variety of different chickens some producing blue eggs some producing light brown some producing dark brown i have some here too if you want to have a l bananas and ceteris and then also hated mangoes which we have three trees this is our taro we also have two betty gardens so one pictured in the middle is the one closest to the owner's cottage and then there's some  there is star fruit and flowers we have a range of flowers that we actually have in the past donated to a funeral and other community event some of the mangoes on the tree and our star fruit tree on the right this is your bread fruit which i'm experimenting a lot with now which is kind of fan and then our one of our avocado trees and you can see the city a mulching which we actually did three weeks ago so it's kind of interesting to see it go full  circle this is one of my favorite sides just because it happened really recently we have coffee on our property and this is more of a hands on process that we just did complete there are several coffee trees in the shaded areas on the property and to harvest coffee it's actually quite a drawn out but fascinating process first you start with the coffee cherries you then soak them to make it easy to extract the being one sabina's removed you must dry it in the sun and then roast it two different ways and then you can use it traditionally is the word so i did roast it in the sun on the property and then also in a pan you can then also use the used grind once you're done with your coffee into the vegie garden so we do implement that and it actually creates a more nutritional nutrient rich and finally i'd like to talk about what we do with all of this produce firstly we try and eat as much as we can if we can't eat it all we do share it with neighbors friends the community anyone that really needs anything from there if there's ever an abundance of anything like in the picture of our car with all the oranges we have in the past sold to mana we also have been trading with local food vendors and restaurants  and then anything else we would either donate to the mouse food bank or we have been in the past donating our breadfruit to john cadman was on a high in the future if granted this but in practice i hope to be able to share all of these farming values and experiences with visitors that want to seek out a different view than a view of my i'd also really like to share that aspect of farm to table with in which my spend my boyfriend spencer and i get to enjoy every day right now  along with this i'd like to further establish the farm and that would allow me to have more time on the property we want to get a small collection of beehives to potentially produce honey and also plant more free cheese i've also been trying to attend more farmers markets such as the co farmers markets on saturday mornings and the new elements one that i've heard about here in my was on thursday and then another site now is we have been discussing with other local farmers about creating a c s a box c s a standing for community supported agriculture and basically the idea behind that would be pooling together of the produce that we have cultivated seasonally and sharing those boxes with a wider variety of maui that usually happens by weekly or monthly depending on what we  have also we are members of the away farmers in united and they do run a lot of classes so i have been interested in looking at that and coming up with my ideas to do on the farm thank you was there any question also please feel free to take a thank you madam chair the department full analysis is included in the staff report the department has no additional analysis or comments to add the application complies with the applicable standards for a state special use permit and as such the department of command approval approval is based upon a certain standard conditions for a pm be related s u p two in consideration of the foregoing the planning department recommends at the maui planning commission adopt the planning department's report and recommendation prepared for the november fourteenth twenty seventeen meeting as its findings of fact conclusions of law and decision an order to authorize and to authorize financial need generating farm to follow the farm plan you can't give beings you have to have a certain dollar amount to do we walk away from that or is that still in effect there is currently not commission has seen a number of short term rental homes that have a little stick trees that were planted two weeks before the public hearing this particular one you know the trees are fairly well established there is no requirement that they make and from agriculture as part of their requesting permission from am sorry sorry some a little bit out of order i heard the the one testimony about  you know other people to the bride in the photographer and everything and i understand that sentiment for a short term rental homes there's as standard condition that only the gas all the extraneous stuff we i was trying to find in the bed and breakfast ordinance of the same i could not find it but if it pleases the commission we could add a condition that only the g and breakfast be on site not allowing the outside parties the command center the neighbor agrees with the neighbors i want to be friends but still want to go and do something financially you know and and i think that's where we differ in the way another testifier who kind of sound like somebody we hear now or what you heard before from other testify i have to respond to that it's fake news i can see something for a fact that you know so that kind of raises my years in ok i've heard this kind of part before lately and you know that source that's the word me where we start getting people saying these are a range of things and saying that one person's opinion is greater than somebody else's that's why i ask you where the neighbors are i think you have great support from me you know half your neighbors but i still want to know him into just one out of five i think you know in my own residential neighborhood or wherever they live is it m saw the taxes and tried to work it out and that's what you do with neighbors but that doesn't mean they're always going to agree you know the dogs are a nuisance you know and i'm glad i don't live over there but what that is is of course you would not have my support abstaining for certain reasons or not being one of the other but now this is you know we're going to see a very short commissioners so i think you know as a as a chair we've got to start pushing us to vote either realize that abstaining doesn't do anybody any good if i can have a choice to vote otherwise i have to say that you know at least i'm going to express what i am up to thank you the other discussion ok i think you've done a great job with your time and and and also reaching out to your neighbors that i am not going to support the application and i'm going to ask that you go back we're in limbo again and his house to come back right to legal till we get it by one way or the other for council yeah thank you so if the vote before this body is to approve a permit and if that commission kind of selling those questions or counseling so if we move to defer and that actually gets through then is it a denial and i mean saying rather than her having to start over again if we refer it all right thank you very much we are going to take a fifteen minute break till ten thirty will  thank you for your patience and our next after that thank you for your patience a little bit longer at this point i'm going to jump back to our agenda items to and i'm going to ask the commissioners for a motion to reconsider based on my vote was really to ask her to go back and work with the opposing neighbors so what i would be hoping for is a sack and your support and then a motion to  preparation counsel of the the motion was to approve and that motion failed to carry five votes so that motion failed and the most to prove was did not carry a motion and a second to consider that as a possibility and so that's what's on the floor before you right now its previous action and since there was the vote was the vote was and to deny the permit the boat was there was a vote to not approve for another motion if the commission would like to vote to defer the item until such time as she works it out with their neighbors or the commission could also affirmatively vote is what is the timeline that you're considering a forty five day department building that's doable if we say forty five i would suggest my recommendation would be to defer for a period of not not to exceed forty five days ok so i will then restate my motion to say bring it back you know and then make a decision up or down at some point in time and and let the applicant know ok this is exactly where you stand so thank you thank you and i agree i felt like in that all the criteria my main concern was the negative beginning in the plane back and forth and what our process was because we were looking to forward to fill in the item was on and we were and and i took it as we were you know we were led to believe that you don't need a deferral because it's there's no deferral because it was an approver debt so we've always done this something doesn't get approval to the following week the nice part of our process would never just stop that one and one motion and so going forward  up for public public comment there's two corrections to the report on page two in the first paragraph where it says in the last sentence amended project plans are attached and that should be attache exhibit five to eight and the second thing on page nineteen where on page two referencing it exhibits five through eight as the proposed amendment and then on the nine  in the middle of the page where it says condition number five this amendment seeks to i'm in the plans that were approved and the date january twentieth two thousand and fourteen is scratched out but i forgot to put in the date of the new plans and the date of the new plans is october fifteenth two thousand and seventeen so if you could just add that the and the recommendation that will go over later does reflect the date of the new plans excuse me to keep me on point the second thing is in terms of background information if i could call your attention to page seven to what got us here today so back on may twenty seventh two thousand and fourteen the commission granted n s a me use permit to a t c mckenna holdings for the proposed mckenna resort him project subject to twenty two condition your approval at that time called for the redevelopment of the property into a new resort club community including the renovation and conversion of the hotel units to forty six p simple apartment units the estimate permit also approved the development of a new private beach club as well as construction of five spa holly one beach cottages two three story six apartment buildings and a new seventy six key hotel and related hotel facilities and a copy of the estimate the original estimate permit approval dated june sixteenth two thousand and fourteen is attached as exhibit number one on october thirty first twenty fourteen the planning department approved a non substantive design change for the project and that is attached as exhibit number two and then on september twenty fourth two thousand and sixteen the department approved a second non substantive design change and that it attaches exhibit number three and that was for things like some minor site design refinements a plan for phasing of the project some program adjustments some utility adjustments issues relating emerge to emergency vehicle access grading and drainage improvements and some eighty refinements so today we're here at the applicant is requesting an actual amendment something that the department could not consider as a site plan or a design modification of the project and so that's why we're here today so at some point i will introduce a project in the can of the applicant and they can take you through the proposed amendment aloha and i live right next to my brother and i both have homes right next to the resort in fact we're surrounded on three sides by the mckenna resort so whatever is approved and whatever happens to the especially the newest plan which we're here hopefully to approved today compass is demolishing the hotel which and unfortunately i was hired to build and i worked for save a corporation for resort discovery group and their partners are unbelievably open to to our feelings and to what we are recommending to them so we're very very  i guess very grateful that the owners and we certainly would support their plan in imploding taking down the hotel and i believe not including a new resort which they had one morning please state your name and you'll have three minutes any questions thank you very much next testifier do call and you'll have to help me with the last name wiley and mckenna and i'm in support of this amended plan to demolish the hotel and rebuild it takes their plan which was a good plan let's call it a big plan two and a plus it lowers the height of the hotel or structure it moves it further back from the king's trail and when you look at it you'll see it later it's coconut tree level no higher as sam garcia said they've listened to us all our concerns the whole way through they've incorporated our concerns into their design they've been tremendous listeners and they've really done a super job in not only addressing our concerns but the county standards state standards so i'm in full support of this supplemental proposal it really is going to make bit to my mind trying to convert that building into condominiums was really going to be very difficult and i wondered how that was going to be done i'm in total support of taking the building down and doing a appropriate project did it starts with the beginning and takes consideration of the total property rather than trying to contrive a building need to something that is and so i think what they're doing right now and looking at the amendment to the a similar use permit i'm project it's good to be here on the side of podium back on march fourteenth earlier this year as the past chair of this body i cast the deciding vote to approve c mccann as the application alistair second appearance in front of his commission we went through extensive public testimonial we had a really good presentation from the applicant as well as line questioning from the commission members although i share the concerns brought up by some the commission's regarding the public art public parking building lay out i felt those concerns should be a need to be trusted as the athame process i also felt that africanus sufficiently address the question from the commission doing a first meeting so therefore i stand by my make possible that time and i'm also glad the process worked as it intended and we as we hear again so i want to thank you all for your hard work and dedication it's can be a thankless job trust me i know so thank you all again questions any other questions thank you i was in ok thank you thank you anybody else wishing to testify on this extend i am please come  project back in two thousand and thirteen twenty forty whenever it was i think we were alone member of the public here and we expressed some concerns at that time since that time we have entered into some you know legal  challenges to the successor to the project the mckenna landing and reach the settlement agreement as part of that a settlement agreement we agreed not to oppose that project or this project or any of the future projects in mckenna resort land and so i want to make it clear i'm not asking you to oppose the f e m a permit in any way however i would and we really do appreciate that the heights have been lowered and some other design things have been brought into this project but i would like to say that we and our allies were never shown the plans for this we were in extensive negotiations in june and part of july and i guess these plans came out in august so this is at the urban design review board was the first time that we had actually seen these plans if we had been shown the the change plans we probably during our settlement discussions would have had a few questions and maybe you guys would have some of the same questions one of them is are how many people will the beach club employ i mean because there was going to be this boutique hotel that sort of ease the transition for the workers and those were good union jobs so i think it would be good just to know how the jobs are stacking up with the new design and then how much area is going to be covered by buildings with this version versus what was covered by buildings with the last version it may be equally equal it just would be good to know it's kind of hard to tell from the maps what the comparison would be and then i want to bring up that forty years ago about sixteen acres that this twenty five acre parcel were actually public land kingdom land they were traded by the republican or ranch to the state for poland and then offer what we call change beach pardon me mr cha land even moment coconuts are gone even though all of the archaeological sites that were there at one time had been a race and so we have this rule now that the public can enter those ten parking spaces but they can't be there at night so our question i'm going to mass is a person wanted to access the former hotel grounds in the evening for cultural practice would that be allowed at all if it's not made clear also i would really like to encourage the conditions of zoning to include the site number of the one feature of one remaining site that's going to represent this whole area it's stateside sixty seven zero seven and i think it should be included as a condition that that's the site that is going to be preserved is not to be monitored it's going to be preserved and there's a preservation plan for it thank you thank you any question to the best player thank you very much we rather outspoken we're not afraid at the polls and talk to various developers just exactly what we think again my name is enchanting agree with the project i think  quality builder and i think we can or will be better off with this project but not doing it all of all we've been concerned that we would become a beach community with no community agreement with cebu in one thousand eighty six that is still binding on all successive owners and after hearing the last testimony i got to clarify that we fought long and hard to keep the road open in its curren to preserve our good logical sites in this area that are largely preserved and to allow passion access which is what is allowed not just general access to these sites are settlement agreement requires  developer to consult with us about his plans and discovery has consulted with us throughout about its plans and they significantly diminish the impacts of the approved project away yes this is this is the moment for the subject i am a testimony they state your name you'll have three minutes morning commissioners albert present with now it tomorrow i'm just informational i just wanted to i'm not sure if the folks have ever seen the details of our settlement there is one  item paragraph forty four that is relevant to this project and it just says that with respect to the potential demolition of the existing hotel structure at the agent project one designated represented from each of the three plaintiffs groups that would be dhanam to the extent that she is available so once it's taken down we're going to be going out there to see if there were any inadvertent sites that were left so that is a relevant portion of this and if you folks are interested and any other details of the settlement we'd be happy to make presentation to that effect any time  questions thank you anybody else wishing to testify at this time please come forward a couple things i passed out some documents that we've received after the preparation of our report so i just want to go over that real quickly in your report we have comments from the department of environmental department of environmental management as well as department of health but we had not received comments from department of public works so we have since received it and i've given a copy to you and they're basically the comment is that a permit is required to demolish the hotel in addition to that the applicants planning consultants commentator or presented comments to all the agency comments department so those letters are all those responses that are have all been presented to you finally we have received three letters comment letters with regard to this estimate amendment letters in support and one of concern those were also passed out and they also came in after the preparation of our department report so with that i think we're ready to introduce the applicant for them to take you through the amended plans  was mentioned we brought this project to this board and it was approved today we're presenting a refined version of the project in the refined version has reduced how he has overall reduced density and it's also has an overall reduced impact on a number of measures which we'll get into the project design was prepared by mccann as design and engineering team this is the same team that's been working together for nearly five years at mccann our group of key experts are here with us today so later if you have questions we may call upon the experts to address us let me start with a brief overview so i'll be i'll be introducing a few things here to get started and then we'll bring up mark to reduce the project architect and marko be providing a comparison of the approved plan versus the proposed plan mark will dangle in to some of the architectural details and background for why materials are used and how they fit together in the scene and he'll talk through the details of the project component i'll come back up and go through the video analysis after that and then summarize the measures in the comparison between the approved project and the proposed amendment and then close with some some remarks at mckenna we've continued to have a commitment to a process that's community based and through that process we've heard very valuable feedback from the community and we've been upgraded into our into our project  i think it's worthwhile to touch on our sustainability principles because the drive a lot about our project and our design first off back before we first came to this board in fact before we started any design and mechanics we started by saying that we wanted to have a status distain ability principles that we could use as foundation as we brought on team members these are ideas and and foundations that that are thought about and talked about whenever  conceptualizations are being brought or alternatives are being considered a patch on a couple of examples designed for resilience and climate adapt ation among those that relate to this particular project are increased setbacks that relate to the potential for ocean level rising and we are above the levels of the recommended rising for the future designing for beauty harmony and understanding one of those that came into play is the is taking the large mass of hotel structure and removing that i'm replacing it with structures that are more in keeping with the existing structures along old mckenna road and the neighboring properties providing for mobility choice in particular we have pathways throughout the property where residents can move around to the different parts of the facility and on and off the property by desperate access and or bikes or carts and they don't need to use cars to to get around so those are just a few  examples i think most are familiar because you've been working on this project for a number of years but this is i will state for the record that the project is along the canal the newly in mckenna at the site of the former mckenna prince hotel let's take a quick look at the site plan and then mark will come up and go through the components in in more detail first thing i'd like to point out is that there are two classes of components in this plan there are components that are circled with the blue dashed line he's won some outlining with the highlighter and then there are others that are circled with the red outlined the components that are buildings those components have had their administrative approvals and building permits and we've started construction when michelle robinson i apologize is this inside our people record i can see what the writing is from there is i could follow along along my exhibits yes it is legit let's give you a pointer about the components ok sorry so i think the key point here is that the components that are in this area each tonnage is to six plex multifamily buildings and the parking lot are fully conforming to the pruett as me that's in place and they have building permits and we've started construction the components that are in the red are related to the refinements that we're presenting today that relate to the amendment and those components have actually been derived from components that were within the approved plan for example the in this front area which mark will detail when he comes up are derived from oleg any units that were a part of the original presentation same floorplan same type of unit except that they've been set back farther from the shore line these beach cottages in this area are derived exactly from the floor plans of the speech cottages and just cited in this new location and then these six plaques multifamily buildings are derived from the two six plaques of the family buildings that were also part of the previously approved plan there's two other components that mi describe in more detail one is in a place unit of smaller homes and the other is the beach club the original plan had a beach club in this general location  i'd like to take a quick look or show you a quick look at the bird's eye view of the property this is mckenna today or you can see the existing former mckenna prince hotel in this plan this represents the approved project from two thousand and fourteen where existing hotel was converted into a residential condominium building it had  roofs adjacent to it the beach cottages here on the right and you can see the six plex multifamily unit in the back with the beach club in this area and  this version is the one that relates to the amendment that we're asking for in this case the mole a teeny units are in a similar location but set back further from the shoreline the tower is no longer there the beach cottages remain the same the six plex units remain the same and the balance of units that terrace back large now are seen in the background in the foreground you can see the so i think this is somewhat of a t p o and you might ask why would we come in and ask for it and so first off there's a number of reasons during the design detailing in the refin phase of the project and we were doing cost estimating cost began to escalate substantially at the same time there were a lot of uncertainties and were brought up by the various engineers especially the structural engineers where in meeting the new earthquake codes that had been created since thirty years before when the building was built would have to be assessed as the building was broken apart and evaluated and confirmed so due to the uncertainty and escalating costs it was a real a big concern among the partnership while those costs were escalating market demand was assessed and what we were finding was that the market was demanding more of a low rise residential scale type of product as opposed to a highrise multifamily type of condominium another thing that came into play  as we were considering these alternatives we went and discussed the options and the ideas with the neighbors and and the local residents in the area and the feedback was pretty unanimous that they preferred a more residential scale lower density type of project as opposed to having the large hotel building stay in place and the last one which is somewhat of a business consideration is that with the new design the buildings are decoupled and decentralized so the project can be built out in accordance with market demand as opposed to all at one time which is what would be necessary doing the large residential building so with that introduction i'd like to turn the podium over to mike to receive tech for his presentation said good morning my name is mark to reduce with threes architects based on the big island as it outlined this is an amendment to the already approved mckenna h m project and we'd like to  differences between this amended proposal and the previously approved directions as proof site plan retain the existing nearly one hundred foot tall hotels structure of approximately four hundred thousand square feet also proposed as a new seventy five foot tall boutique hotel and substantial service parking this new site plan six the proposed amended plan we are reviewing today and reuse of the existing a hotel is no longer being proposed as well as the boutique hotel these components have been replaced by unocal has been reduced from one hundred fifty two to sixty five the overall floor air is reduced from seven hundred seventy thousand square feet to four hundred ninety two thousand square feet mission space has been reduced by thirty five percent and the parking requirement reduces from four hundred forty eight to three hundred twenty five additionally as you may recall the previous plan had a multi level parking structure close to the cannon allen only road and the reduced parking in this amendment is roughly split between the surface parking and underground parking in terms of bedroom town the approved four hundred  twenty eight bedrooms has been reduced to two hundred and twenty eight projects set back from the king's trail has been increased from ninety six feet to two hundred eighty five feet  reduction and building masking has resulted in a better physical scaling presents the site sections as drawings show the reduction in building mass the outline of a previously approved building number lopes from the hotel are shown in gray outline with the red dash line please note that the change trail from the king's trail to scale reduction will be greatly improved the proposed landscape and site lighting designs will continue with the previously approved design direction site and buildings are not lighted per se only for way finding and safety the landscape intent is to create an informal hawaiian landscape anchored by coconuts and monkey pods many of which have been salvaged and relocated about the site it is only this planet laments low impact development stormwater management techniques connections with the hawaiian culture and place based design has been the key objectives for the development team from the start and continue in this amended proposal rather than dramatic design statements we prefer the quiet well crafted buildings of deferred nature and gracefully reside amidst beautiful landscape and in the approved concept architectural design diversity with the various residential and amenity buildings was an important component of fitting this project into the south maui part of the island it was a key part of the vision of the project and this objective is still maintained with this amended proposal this in the previous slide use reference and edges of existing buildings in a why of both traditional and contemporary to reinforce this goal and the appropriateness of diversity as we say great of this slide we're showing the range of design diversity in our amended proposal to the contemporary expression of the beach club and the multifamily family condominiums more traditional character beach cottages and the spa and the malka ranch character of the greeters holly diversity of designs and styles both traditional and contemporary are in tipping with the island neighborhoods  we feel it's a timeless approach and it meshes with individual buyer tastes we will review each individually with you please note that within this amended proposal a number of the residential types are derived from the previously approved  method proposal includes a mix of single family and multi family residences along with the amenity club and let's start with the these four bedroom two storey units of approximately five thousand square feet incorporate a butterfly green roof design in the kind side of this two story residence shows the large that are structured with cedar posts and roof beams large glass doors open to the living and the bedroom spaces to the views and the pool at the lower level which is shown in the foreground three plex resembles a standalone unit in architectural character also with the butterfly roofs there are three of these three flexes approximately forty six hundred square feet in size the plan eyes are great for shade and liv  breezeway is looking at them a card side of this building is contemporary in design character and has a considerable an eye which will result in a well shaded malcolm  this key plan shows the ten beach cottages that had i highlighted earlier and they're shown and in bright yellow here on the plan please note the previous approved site plan included nine of these units and we have added one more to this category eight of these these cottages arrayed along the southern edge of the property next to the golf course and are already under construction tomorrow along the second tier of the residences adjacent to these beach  storey residences the multifamily cool ability condominiums are highlighted in orange on this key plan there are five of the six plex and villages planned for the project and please note there were two of them in the previously with the contemporary design these four stories stack flat buildings reside on the mouth the side of the property with want to get to the north property line of the second tier each six plex is a mix of single story and two story units ranging in size from thirty two hundred  this brief review of the residential components of the amendment the last to redo is the club central amenity the beach club and spa is located here in blue the rival court one enters the club through a courtyard that has an array of palm trees sitting and rays reflecting pools at the end of the courtyard is the restaurant lanai that open to the that lawn and the ocean beyond covered in eyes wrapped around this four yard and provide circulation to access as areas of the lower level but also the access to seven residential units located on the second story their protector character is contemporary and with  use of open one eye breezeway and architectural wood screening is conceived as a soft garden inspired building the flat roof of the beach club provides a low profile naseem to help the building blend into the landscape and the hillside his design has resulted in significantly lessening the visual impact from the previously approved approach of reusing the hotel structure sorry this is pretty dark but this is nighttime illustration of the restaurant looking mouth from the that launches the warm glow of wood finishes at the interior as well as the residential this is the view of the women's locker room garden with landscaping surrounded by privacy basalt walls and landscape park car parking structures are located also on the property and these are shown in re complete information we were levy glad to address any questions so this concludes the project components piece of the presentation and i'll turn and turn the podium back to thank you thank you mike now we'd like to present some visual representation using rendering showing comparison f d a approved projects and the proposed amendment prepared showing what was a what was original before any proposed development what was approved back in two thousand and fourteen and what we're proposing today version the key difference the key point here was that there was a sales office here at the entry on the left and that sales office has been eliminated from the plan so now the proposed view is has more of a landscape nature and the sales office has been eliminated moving over to point b home which is about mid property added landscape buffering in the in the proposed view the buildings are more distributed and we've loosened up the landscaping so that the landscape has a little bit more transparency and there's a little glimpse of the ocean between the buildings this few number see is from the kennel a newly looking across the former golf hall towards mci in the existing view you can see the hotel building in this approved view the renovated hotel building of residences is here in the background the beach cottages are nestled over towards the left and the this is the former golf hall in the foreground in the proposed view the taller building has been removed from this area and much of the density has been moved back towards malka opening up some better ocean views from this perspective the the  beach cottages are still on the on the left you is from the which is from the ocean looking directly back at the property in the existing view the former mckenna prince hotel is shown in the approved it's the renovated hotel building and then the proposed has a different facade which in here you can see in the foreground are the units here lower and then it tears back to the multifamily units that are further back on the property here in the right on the front is the area of the beach club this view here is from the area looking now back towards the hotel and in the existing view you could see the hotel built in the approved view you see the renovated residences and then in the proposed view you can see that the density has been lowered and it's been set back farther from the coastline here's the bird's eye view we glanced at this one earlier in the lower left existing hotel the approved version and then this shows how in the proposal the densities moved back away from the this view is from the public comfort stations at the beach park you're looking in the foreground is the king's trail and then he have the  beach cottages here in the foreground on the right and then the renovated residences in the existing hotel building shown here on the left and then the proposed version now could use  ok next i'd like to step through some of the key measures identifying some of the differences between the two plans so well that will be touching on water and drainage in recycle materials as well as traffic jobs and public parking and an access to water first off the landscape plan that we're using utilizes drought tolerant coastal a native plants and our primary source of some water is now the existing mckenna non potable system so there there's actually a substantial difference in this slide on the left in blue the columns represent potable water use on the right in green the columns represent non potable water yes the three columns represent starting from the left the former resort which is how it operated when it was a hotel in the middle the approved plan and in the right the proposed plan so what you can see is when it was operating as a hotel the project was utilizing two hundred eighty four thousand gallons per day of potable water and our proposal back in two thousand and fourteen had reduced to that two hundred sixty thousand gallons per day in the plan that we're showing you today that's further reduced to just eighty five thousand gallons per day of potable water on the right shows a representation of the use of non potable water when the hotel was in operation on h m they were not utilizing non potable water in the middle is the plan that we brought in in two thousand and fourteen and we had proposed to integrate forty one thousand gallons per day of non potable water from the existing mckenna non potable water system for air again in  our plan today we've increased the amount of non potable water that's being used for irrigation and reduced the amount of of potable water so another way to look at that is we've what we worked to do is try to bring the use of potable and non potable water into a closer balance so the proposal we have for you today utilizes forty forty five percent of the water it will be used will be from the can is non potable system and fifty five percent would be from the county system that's been serving the property for thirty years macand in the prior application for the m five m six project and that was inspired by challenges that came in from community members to try to do more than what the county standard required and we  dr amanda courting join our team so when we came back to look at an alternative approach on this project we integrated low impact design into it as well  this diagram on the left shows the overall illustrated plan and on the right are the grading and l h d features and what our engineers have done is they've integrated the l h d features into the landscape plan in order to reduce and slow down the storm water and also to purify the and clean the water let's look at it in a little more detail so specifically in the green areas we're directing storm water that normally lands on the parking lot or the roads retention systems known as green streets where it can permeate and back into the ground water and also the nutrients can be taken by the by the plants in the light blue are green roofs any units that mark described in the architecture and the green roofs so serve a couple purposes number one they're much prettier to look at from out looking makai it has more of a landscape field and a gable r allow the rainwater and storm water to soak in and the contaminants such as oils and and or are also captured in that matrix and then there's also detention basins in grey the detention basin which the shown here is on the golf course area and also relates to the supply area here and also by hundred sixty thousand square feet there's a thirty five percent reduction in energy usage on the project and also the concrete from the hotel will be recycled as part of the demolition projects in complete compliance with the status or preservation review process is quite mature at this point the best was accepted in two thousand and fourteen the preservation plan was accepted in two thousand and fifteen and the monitoring plan was accepted in two thousand and fifteen and the parts of the project that are under construction have the full time ongoing market archaeological monitoring we've talked about the community guided sense of place and hopefully you see how we've integrated that into the process a quick touch on traffic so the there's three groups of columns here left to right again left is the former resort the middle is the approved the right is the amendment we're bringing today blue and orange represent blue is pm peak hour totals orange is am peak hour totals and the bottom line is is that the  project that we're proposing generates less peak hour traffic in the former resort to one hundred twenty seven cars per hour in the pm and it's down to ninety three in the proposed plan supporting families is is something that we are working hard to continue especially as it relates to jobs on the left hand side is a bar that shows two hundred fifty seven full time equivalent employees which was when the hotel was in operation are approved the plan had two hundred eighty seven employees and on the right is the proposed and while this lower density lower scale project only expects to have two hundred ten full time equivalent employees in mackay mckenna as in addition we have one hundred current employees on the work force maintaining the golf course in the grounds and taking care of the operations and we also have one hundred forty five full time employees proposed for the m five m six s seven b two project which we've previously approved in addition to the full time long term employment there's substantial construction employment which is outlined in the application in excess of four hundred construction workers during the construction period for this project we continue to offer ten public beach  s the beach styles are shown up in the other area of the project and there is a pathway that comes down to the cul de sac and allows entry to the mother walk a beach park market conditions we're able to recycle twenty five thousand yards of of concrete there's a major reduction in floor area resulting in a major reduction in energy usage we've employed men in the low and policies and it's consistent with the estimate guidelines and i thought i would add a couple of photos of the construction that's underway at mckenna now which includes the beach cottages you can see the existing hotel building and the beach cottage operation and the site work for the  from an application even though this was amendment an amendment we felt that we should get the recommendation so we took it to them on october third and they unanimously recommended approval of the project plan to the commission in this matter is attached  heard the impacts are less than what has been previously approved the whole concept of being able to incorporate low impact design to this project which was not part of the project when you originally had a approved it we feel is a plus the whole view analysis which you have seen you know the project being set back further in areas from from the property the ocean side and just the the overall reduction in high density so on and so forth we feel are all benefits that allow us to support this project  applicant is asking to change condition  as part of this process can we change other conditions or can we add conditions at this time and i don't want to i mean i'm going to be real specific and it's just they're asking for these two and that's it if we need a thumbs up or thumbs down we don't get lost down requesting certain changes coming to the changes in the buildings etc etc any conditions this does not this request for an amendment does not open up the a permit does any new conditions at all any conditions have to be related to the amendment so if you found that there was a i'm just pulling something out of you could change the condition related to one that's not the case in the here but somehow the conditions have to be related to the men in the event not just ok so i mean just as an example i'm just looking at condition seven which has to do with the original permit has to do with workforce housing ordnance right so since it's a reduction of number of units then we're going to get less workforce housing units we can't touch that one that's our table because it has nothing to do with what's currently being asked that's why i say before i get lost too far down this rabbit hole i'm going on trying to pull myself back and say this is something we can't touch then please let me know if it's related to the amendment this amendment does not change this condition it says to comply with workforce housing law which they are still required to do correct and that's not going to change ok i can give a quick example of one thing that we're adding to a condition because of a direct change to this project and if you look at condition twenty one which talks about the ten beach parking stalls and public beach access to the property during daylight hours  access so that was kind of directly related to an amendment that they're requesting to the project but other than that the only two conditions that we we've amended our conditions four and five to reflect the updated plans dated august august fifteenth two thousand and seventy mr robinson and director i'm not sure i agree with you in saying that he's not open up in condition for it is when i read this it states that the reason why they had approval is because of all the representations that were made at that meeting and so now we're asking be supposedly benefited from and i'm not saying i want to go down that route but i'm not saying that we don't we're not able to do that and i don't read that the same way you read it because this is a very big big bold number for a statement and then number five it says these new plans are in compass of everything and we're just changing the dates of these new plans so again i don't want to go down this road but i don't see it as saying we can only we can only talk about a couple specific things as a conditions that apply to all estimates from esm major permits that are granted or by this granted by this body so those are standard conditions no matter what the size of the major project the fact that these certain amendments are being requested you can as a body either who approve that request or deny that request if there is something as a directive stated directly related to that item then we can discuss that and i can help to find those parameters if you're having some trouble seeing if you're going farther out of the line but it does not open up everything within this permit it doesn't chang of the other obligations that they already have for example workforce housing these are given then sent this it's the same condition they had before it you know you don't have the authority to change that at this point in fashion five to maybe seven years ago but we went back to the traditional because tradition never goes out of style and i know you guys worked really hard on that but then i think i see i see on these plans as kind of part of those old plans but that which was restored going back to the know we had started i think that the beach cottages have more residential character and a little more traditional and what we did was when we had comments from the urban design review board about softening the architecture we did work to integrate some of the woods and stuff into the facade as well as some more color colors that were like the greens and blues the blue relating to the ocean the greens relating to the  the landscape and so we've we've tried to include those in it but we still architecture certainly still has a contemporary sensibility to it and part of the reason for that is when we're the six plex multifamily units those units have some of those have been sold already the ones that were previously approved and that were under construction and so we're working hard to have the overall project tied together cohesively i'd also be happy to have the architect come up and give you a bit more explanation if if you'd like i think the architecture itself in oh the there's i think any flaws in architecture i we worked on a refinement to try to have it be not as contemporary as the ones that you originally saw but it's not quite as traditional as the ones that that will come into play as we evolve towards the m five project several questions one is clarification i think originally were talking about public parking and it ended up with parking space your wrist started and projects that we brought to this board so this is a tram project this was the first one we brought and then we brought in five m six s seven b two project in the m five and six s seven b two project we originally proposed ten parking solving and then you recommended additional stalls which we did provide and in fact i think we went up to thirty let me double check that with our expert it's we'll double check that but that was a different application but the point is is that you had originally we had proposed ten you had suggested more and we substantially increased i'll get the statistics on that now now for this project the h m project we originally had no parking in the original proposal this is back in two thousand and fourteen and then there was a recommendation to provide ten recommendation came during the meeting a public meeting and we agreed to it and we're continuing to conform to that so the end results to say yes the original still stands despite that it's lower density despite that it's fewer units despite that it's a lower floor area we're still providing the ten that was agreed upon from the we showed that to them and how the projects related and what the details were and they recommended approval of the architecture yeah that's correct  commissioner robinson the urban review board also recommended it the first time that we switched in fact i don't think we've got anything on our table that they haven't approved that we've changed after any other  community would you go from ten public market stalls to twenty just as as a nice thing to do i'd like to if i could take a moment and i'll confer with my colleagues about that and then went on bearing then also because the condition also says that it's only during daytime hours and i get that this is going to be a very nice high end resort but you don't want people just you know wandering through at all hours but the condition does say ten and only during daylight hours so while you're conferring see if you might consider amending that as well ok so the idea we're we're we're open to the the question about the time of day but the idea of the daylight hours was one of practical considerations of whether people would be accessing you know the beach at night right you know from a practical perspective and also staffing that was  was why we we stayed with that proposal ok allow me to take a moment  planning commission is now back in session to consider ok thank you i did have an opportunity to assess the request with my colleagues as well as quickly get some feedback from the community members that are present in the room the neighbors and so regarding the additional parking we are prepared to provide five additional spaces in addition to the ten so that would be a total of fifteen spaces on the h m s project that would be served by the shuttle and with regards to the timetable for the shuttle we do believe that operating it during daylight hours is the best it's more easily managed it's safer and something that we feel we can control better and that that sentiment is shared among everybody that i checked with in the short time  i will say that there was some community members that feel that at some point when if we provide too much partying it can be impactful on its own behalf but there was a range of sentiment about it and then i think that's that's it and the shekinah sally thank you very much and i appreciate you guys you know given that at least fifty percent more is better and and so the only thing that and again this is i'm not going there just when you guys are doing your landscaping you can plant out you like we sit there and see the renderings of the buildings but you can plant out of view so i'm just going to the department recommends approval of the estimated use permit amendment subject to a number of conditions the standard conditions remain the same except for conditions number four and five condition number for that to the satisfaction of the commission or the department the applicant child develop the property in substantial compliance with the representations made to the commission in obtaining the assume a use permit and then the addition is as well as with plans dated august fifteenth two thousand and seventeen and represent representations made to the commission in obtaining the estimate used permanent mint condition number five just adds the date of the new plans aug fifteenth two thousand and seventeen  and then for projects specific conditions conditions seven through twenty two remain the same except for condition number twenty one which relates to public beach parking an access this condition now proposes to read the applicant shall provide fifteen public beach parking stalls and public beach access through the property during daylight hours and then the addition to the applicant the so just to clarify it's not currently in the recommendation will be added based on the meeting it's so so based on what has just transpired i guess that the  department is amending its recommendation to reflect the agreed to fifteen so five additional beach parking styles which brings the total of each parking solids on site to fifteen right yes director i just want to make sure make sure that it's clear on the record this additional parking parking while i applauded by the applicant this is made as a result of a comment by a commissioner it is not related or required as a result of some impact by the modification of the plan so may i think thank you  discovery for for doing this this is not this is a voluntary thing and is unrelated to the actual changes in mission or motion discussion i like the i like the reduction of the hotel like what they're trying to do with you with the area i don't like the architecture i don't like the new buildings i don't like that it looks different than what we what's going to be built and so even though personally i don't want to see anything done in the can or i understand where this is going and i will support it thank you and  support the motion and when i say reluctantly is soley because i mean i think that this is an improvement by far from what it was going to be but the reluctancy is like commissioner robinson if this was actually before us i think this particular body in particular i guess it's only people now are nine i don't know if we have nine or eight but i think we would condition this a little bit differently from the start and we would actually condition it differently now but we're not and so this is an improvement so that's when we reprove the other one i talked about you know my daughter and i go down there like you know what's what's it going to be for her fifteen years now she doesn't live there you know so the beach access i don't think that there's can be too much beach access for the rest of the population so i appreciate the extra five thank you you planes are going to be a big thing for me and but there's nothing we can do about it so i just again encourage you guys to not plan this out and and everything else you guys have done has been great so i'm going to support it i think this is an improvement planning commission was in two thousand and twelve and inter churches are very lowly funded and they take a long time to get ramped up and get funded properly so we need to give them that amount of time in order to get their window to initiate their construction period and then we want to look at the use of course churches are there basically forever it's a low intensity use low  d thirty years is not unreasonable we consider that a reasonable time frame i want to fifty clete in started under thirty which is still department's recommendation the department recommends that the applicant be approved for a ten year time extension on the initiation to construct the church and a thirty year right discussion and i can make a motion to adjust the time frame of the two permits i'm up into five years and i'm up in two of the construction and i'm up into ten years of the usage because we're not even constructed yet and i would hate to to give a permit for thirty years for something that's not even built and it's in the high end it's in the high notes an area that could be redeveloped i'm not against it's probably going to get pas used to having somebody not having any funding and go through all the architecture and all that the process and and then go for permits and so any ten years you know the reason i do ten years is five years ago by so quick and these churches traditionally of this nature projects of this nature take a long time to get wrapped up in funding what i don't want to happen is to come back before this body all over and over and and i don't want to see this project come before you six times it's a waste of the department's time it's wasted your time and it's a waste of the up against time so to get a ten years the department bill reasonable thirty years on the use is good because the clock doesn't start ticking until all the projects finished and completed and then your thirty year starts gosh we have a motion to and page five of the special management areas permit was timely so that particular conditions not apply cobol at this time but mr b knows we've been extending it it's like the next one that's coming up we're on a six time extension  afaik it's the panic commissions fault that these people i know now they are not saying that either i mean did ok let's give them a reasonable amount of time to get their job done and it's two years is too short a time period we'll be back before you in no time but i'm agreeable i'm not going to agree to that twenty five years for something that has even started yet it's thirty five years it starts after the contest struck constructions done the thirty five year  that that was in my read is correctly it starts when they're done so if they build in the ninth year and they get twenty five after that so it's thirty four year permit we're trying to grant here well i guess we're dealing with two permits one is say we have a motion or it's going the area that it's at and and that and that place is not built yet if it just doesn't get built in five ten years they might have another place to to move or somewhere else and in also i'm told that if it was built like if they were going to build then they had all the funding and they wouldn't spend all that money i could see that you know definitely that's the point but i don't think we're at that time yet and that's one reason why i have to question this but i feel that you know i'm sure another commission deferred to my so differently but i just want a constable point twenty five years on something that's not built is the idea how long is the current application to be able to use right now i mean a longer idea but to be on this property currently if your concern is when they're going to start building and so you can adjust your timeframe accordingly maybe perhaps the applicant can answer the question as to what their time frame is to start building up it's not ten years old year but we're trying to hire another civil engineer so we could just move on but we're still waiting for proposals in the meantime we had while we were wading through all this we had already shut down the  connected to the whole building and or because we are intending to put up a septic tank and also we have cut down all the trees through the property for more parking lots which is required by  plans before but we also need to update them because of the international building code adoption by the mali song so there's a lot of things going on right now and i could take regionally that we had moved to the mainland so that's why we're having all this delayed that were supposed that supposed to help us to finish up what we need to submit to the building permits division and they're waiting for me to demolish and permits that's where we're at right now we need to push our wedding permit and d i just like to clarify rationally the timeframes you're suggesting are you fine with the other changes that are proposed as recommended by staff because there's a couple other provisions like in section five pertain to hard copies and digital copies and other they can condition ten there's also also that so you're motion terry thank you thank you will take whatever we can g annual report just for your review and comment it was a condition of the estimate approval permit the f m one two thousand and four zero zero one seven which stated that manual or porch i'll be filed with the if you guys have any specific questions it's more an informational document commissioner's do we have any questions regarding the settlement arrangements or course i have a quick question actually on the on the annual report and i can see it says ongoing funding to charitable nonprofit organization for marie sales of any residential unit at the close escrow during the transfer of title is that still ongoing yes the applicants acknowledging now and what nonprofit are they finding what if you if you want to come up to the microphone and then introduce yourself on the record and then go ahead and answer the commissioner's question my name is the school and i'm representing the beach reserve limited partnership the the fund actually there is the actually given to them and they actually and the body that actually distributes the funds to the community and that those funds were earmarked or of portable housing no we actually made a separate contribution towards affordable housing so it's really for any the community based needs within the kind of the heinecke and who provides the oversight for them it's a serves me right this commission has asked several times or one of those board members to and inform us on how the funds are being dispersed or spent or just to give us kind of an overview of worded request for their presence at next year's report that they come and discuss this too and sorry one more questions and yes i would like everybody agrees for you two to do that ok that what i would like to know and maybe this tells me and i'm just not getting it is how many how many how much of the funds have been submitted to them which went which number amount and then how much of it to date and in the remaining balance so all the funds run through this particular message you all do all the funds run through that particular organization as they were the interviewer yes yes  where and how the funds have been dispersed ok ok so not in time for their annual next year and now i'm just going about i'm ok i was like oh you look like yeah yeah i mean i would love it i mean we've heard this every year that i am here and it's always been a concern and it's always been a question of the commission and there's not any response yet i mean i can do my best to write a letter and call and then at least that's the best that we can down what are you think you would like to clarify th again the funds that are listed there those funds actually do not go to that organization new vision that the transfer fee plus some of the additional funding that we gave to them that group that and then should actually disperses that the funds that are in this purported are actually our traffic mitigation funds and those are actually disbursed directly from us to bodies or contractors or whatever for traffic mitigation it does not go to the interveners or that group as a as reading so do we know how much they have been approximately when they both intervened on the starwood project next door to us as well as ours i so i and i would have to go back and look through the entire estimate approval i mean back from how long ago was it two thousand staff plan than any report shall be filed with the my planning commission on the dispersement of funds for their information it's not for review and approval so it's just for informational purposes and i don't know i mean i don't know what the  counsel is this a legitimate account of where the millions of dollars when you know this or should or should not be transparent again i would need to go back and review the original document which obviously preceded even my first tenure here and certainly my second tenure so i can look into that report back i would just say my understanding of it from the is there's very little this body could do to change any of those things but if there are provisions that should be enforced or that this body could make use of that currently is not something i can look into for you but do you believe it should be disclosed i guess is what i'm saying i know that there's no teeth really from what i hear but i they supposed to let everybody know where the millions of dollars that was supposed to be used for  disperses it from that point it's not that wasn't the settlement agreement it was between the the intervenor party and the developer it wasn't then how is the intervenor spending that those funds are house under dispersed but i but i understand completely we're coming from and i can include that in the letter as well that that's what the curiosity is that we would like them to be here to account for these funds right and why with the planning commission asked to review an annual report what why is it that this particular report is coming to the commission when basically on it it just says for information they're not asking for any action so all where are we as far as the position of what action we take as commission on this particular issue is one question and that's what they're going to do some research on and our council is going to research  candice is going to again reach out to that nonprofit and ask for either over you or for them to come to a meeting with commissioner gushy can i maybe clarify that so i believe that the reason this condition was placed at the time that was a condition that that commission which i was no one on this board for in two thousand and four felt that they wanted to see that information i don't think they thought long term about it that ten years down the line thirteen years down the line that a new body would be looking at it and say why is this what i mean what does this purpose of this information serve so yes i believe that now as we get down the line people are going why and how and where where is this being done because they weren't the body that was there during the estimated question in the intervening process so very valid question it might just be something it's  fresheners and good afternoon to the audience indeed today is a continuation of the hearing that was started in august eighth two thousand and seventeen it says for a short term home rental and for a state land use commission special permit and the special permit and for the short term rental home in the district in allowing a poco after due to liberation the commission voted to defer the matter to a future date as a decision on that august state could not be rendered as there was discussion but there were differences of opinion among the commissioners by way of history it's important to note that this is an application for a short term home and for a state special permit the applicant meets all the requirements for the short term home rental to be approved administratively as there were not triggers involved in requiring a public hearing on the short term home rental the applicant did properly notify and went through the process of the extensive application for the short term home rental passed through that process but then needed to come to this commission for the special permit for the short term rental on the aig land so what we're in today concerned about is just the special permit on the aig land the applicant after hearing some of the discussion and the debate and the concern by the public  the commissioners did present a modified application and there is one correction the cottage which is a two bedroom cottage not a one bedroom cottage so the original application was for a total of five bedrooms three bedrooms in the main house two bedrooms in the cottage so the current application is only for the main house for three bedrooms going out there that actually they do have an operation going on that does produce fruit at the time it's not going to land in the future that being the case i believe the bro basically your association don't have any enforced o any other questions and rental homes likely a book will provide a service for for families to do not want the resort experience short term reynolds a great source of revenue which is good for why now traffic is a concern and it well know i'm in my area and not just say you're within the five hundred feet area did you say that you people near you that are renting without agreement is that whatever yes i hear them i hear them alcohol and loud music and i'd like to point out that these homes look like three or four bedroom homes around for maybe a thousand two thousand dollars a night and they pull people pull their money like six or eight people come together to help pay for it and they're there to have a good time and add to the suffering of the neighbors a new group comes in the next week and it happens all over again who would want to live near that everyone we know in our neighborhood is  short term at all because over the years the number of them have increased some legal and some legal we know of several that have been shut down because of the many complaints we hope our voices are heard and the disturbing property owner to the cleaners to the property managers to guest services to guess i have witnessed several hardworking motivated people start their own business is directly related to short term rentals i think that's a good thing for the community and the economy what's wrong with wanting to share your home with people when it's vacant these are multi million dollar homes were talking about their homes most people could afford the long term rent we have lived next to short term rentals and long term rentals money long term mental in our area to us have been more of a nuisance people renting out rooms barns sheds you name it many more cars coming and going louder not ideal to live next to the cation is in know i know the burmans of their house for thirteen years they want to show their home protect their investment in standing at their leisure i feel they will be responsible courteous short term rental owners and if they know they've person thank you very much any other testimony show or talk about from our next door neighbor i know she ellie highlighted some of the things that she wanted you to see recently there are some when they announced on the site that he wanted to  get a short term rental he just purchased a home and then there was a huge backlash well some of the other comments that i'm sure you probably can get a chance to see also say that you know her to be able to how fordable housing for the people that for her cottage for the people that she met and the families and she meant i would like to state that on her as she put on the next door site  she's offered it for thirty five hundred dollars which i don't consider affordable housing for the people the local workers that really need a place to live i which is under the six months full term minimum needless to say we will find a six month lease and then figure out the months that the guests will be staying we will not break any rules we are not sure of rent any ideas i'm hearing realtors say four to five thousand for the high season seems like a bargain at one hundred fifty dollars a night for a full house mahalo so i just want to say sometimes the people that speak the loudest you know that saying people that live in glass houses shouldn't throw stones i've come across a lot of that within this next door neighbor we do care we do not allow parties we as you can hear from our next door neighbor we are not those people she says she heard noise coming from our house if you are in our neighborhood you can see how that's almost the impossible and our next door neighbors on three sides support us because we are not those people that would allow that you know thank you and the question thank you very much and the other public testimony can but i do want to point out that the applicant really took to heart the testimony that was given and the comments that were made at the first hearing and in case we're not clear number one he has removed the cottage from consideration for the short term rental permit and has put the cottage into long term rental use so we're only considering the three bedroom main house which the applicant and his wife use on a regular basis themselves so lacking this short term rental permit there's not an option for that to go into long term rental because there it would take away their ability to use it as a part time resident as curt also pointed out what's before you is not the short term rental permit but the state's special use permit because we're in the agricultural district and again as a point out the first time lonia poco is an agricultural subdivision and as an agricultural subdivision it is required that every owner of the property have agriculture as their primary use tell me about how he determines this by a farm plan that says fifty percent of your land is being used for for weddings and so forth and that's not something that a short term rental home is allowed to do each dwelling must be rented to a single party in this case there's one dwelling it's going to be one party and in this case the maximum occupancy of the property is going to be six yes it's a three bedroom house to two people per bedroom six bedrooms is six six yes is the maximum and there is a rule that there are no parties only registered guests are allowed on site now the question came up how do you would force that ok well if the guy permanent is in jeopardy of being lost if he breaks these rules i think they'll self in force but we also have a resident that's going to be living on the property so this more resembles a bed and breakfast where you have a resident living on the property as well as the short term rental comments were made about parking this property has plenty of parking on site again whether the guests have one car or two cars for them it's not going to be a large group and we certainly have that parking covered there is a requirement for quiet hours from nine pm to eight am which at which time no noise zero noise is allowed to be escaping that with the bounds of the property there's also a requirement put here that during the day no amplified sound should be able to be heard on any other properties so it's not just a matter of you need to be quiet at night you can be at least a thirty percent increase and there looks like it's probably going to be a sixty percent increase is where they're going to end up with with that and of course the permit is not transferable to the criteria for the state special use permit  in the agricultural district and we're in compliance with that because we have this one a fruit orchard and the permit that you would be granting here says you have to keep that you have to keep doing that other people will be in compliance when they get their building permit and then stop because nothing's nothing's in place to guarantee that they continue their their agricultural uses this is a picture of the property from above and each of those labels the label of a different fruit tree that's on the property you just heard from scott from feed my sheep and he testified i think that he's collected as much as six hundred pounds just in the last two months of fruit from this orchard so indeed this is a a productive fruit orchard here there's a listing there of the eighty seven fruit bearing plants that are on this property there's a few pictures of those fruit trees and such initially before scott was brought in from a feed my sheep alan had been donating his fruit to aloha blue charters that was using that fruit for their guests on on the charter boat sad to say ellen's friend tim collins died last summer and look for a different place that he could make use of the fruit and considering the testimony that was given i think he found a very worthy cause to to donate it is free to and  just because i wasn't sure that scott was going to be here i just put this letter up here that from feed my sheep affirming that these donations are taking place and i had documented two hundred thirty seven pounds of fruit with the receipts that had been forwarded to me but apparently there have been more visits to the property and were up to whatever it was five hundred six hundred pounds of food in a couple months the second criteria is that the proposed use would not adversely  effect surrounding properties and again it's it's really important understand that the the conditions that go along with the short term rental permit they do dial it back to a residential use they say you can't be creating any more impact than a residential home would be creating here and you heard from one of the immediate neighbors who lives right next door and there are two other immediate neighbors on either side that also provided letters of support for this application and this little map shows the area and right here is the applicant's property the neighbor you just heard from lives right here and then these two neighbors that live on this side also gave you letters of support that are in the packet of information that you have there and this neighbor up here while i don't have a letter support from them their concern was that they wanted to make sure the property was rented to just one party at a time which is the case here they said we want to make sure that if they're going to get a short term rental permit there's not parties going on here and that is a condition already of of this person there's two other stars on here and those are the locations of i think one of the other test fires who came here today spoke out today and letters of support this neighborhood this lonnie popa neighborhood is one hundred sixty lots that's how many properties there are in there and most of them have a house and a cottage they're not fully built out but you have about three hundred twenty individual dwellings up there and of that this would be the fourth short term rental permit that would be granted should be granted so again the preponderance we're talking about four out of three hundred twenty potential dwellings up there being used for short term rental use the next criteria that you're evaluating is that the proposed use would not unreasonably burden public agencies to provide roads streets water drainage school improvements police and fire and again we've had enough of these to recognize that that's the short term rentals aren't creating any any greater impact  and of course there are times when the short term rental is vacant and they're really having no impact whatsoever the next criteria is that unusual trends and needs have arisen since the district boundaries were establ and now we county recognize that the travel trends of people have changed and that's why they've asked the short term rental ordinance was before you because the state still maintains oversight in the agricultural district the state hasn't come forward and changed their allowances obese uses in the agricultural district however they actually did come up with something a couple years ago that was geared towards maui county and it said that if maui county a county with three islands and no other county has three islands would pass and a agricultural tourism ordinance then short term rental would be allowed under certain conditions but the county hasn't passed an agricultural tourism ordinance at this point so we're still here before you asking for this permit as in that case and finally the last criterion is if the land is unsuited for the permitted use in the district this would be in the case of let's say a steep slope property where you wouldn't be able to plant something on it person could say i have another use for this property we are not claiming that this land is unsuited for agricultural uses the apple is making agricultural uses as you've already heard attested to and again the condition of the safe special use permit is the continuation of those agricultural uses zoom through this kind of quickly here for you notice of application was provided to the thirty six property owners within five hundred feet and during the forty five day notice period no application and the applicant invited his neighbors to an open house at his place on june twenty fifth and if i understand correctly about a dozen neighbors that come by they talked about what they wanted to do they heard out their neighbors and and i just think that that's the right thing to do to let your neighbors know you're going to do this maybe not everyone will agree but at least you're being neighborly in that way and of course a notice of the original public hearing was sent out on july third and was also published in the maui news and i guess we should add to this this hearing was published in the maui news as as a notification of this agenda item as i said before there are three other short term rental homes with  similar to this application except that now the helen hunt application is a greater impact because they were granted both the house and the cottage and what's before you here is only the house with the cottage being left in long  term we respectfully ask that the commission would grant approval of this they specify the use permit to enable the short term rental permit that has already met the criteria thank  try to have a question regarding i only got this three page on most because we're supposed to hold onto them we had a while ago but as far as short term rentals i know there was one that was just approved a few weeks ago  law which is miss helen and then the one within five hundred feet which is call upon a and i believe what you're referring to is their b one b and b that by the with stocks they have a b and b that they were granted quite a number of years ago only our house and they also got a conditional permit to actually legally have waiting for guests that are there so at the current time in this neighborhood different neighborhood it's not let me know with all the land you poco but there was a question that was asked regarding their homeowners association and we have a letter here exhibit th c in ours are silent on the topic in light of this the board of directors decided to name neutral with the understanding that homeowners must receive proper pyramiding from maui county so there are other short term rentals with that huge development approval cept the eighty eight by one doesn't account for two now with regard to the number of units that mr curly was referring to the three hundred plus i'm not sure where that number how that built up but if that's referring to the number of lot or that the number of actual dwellings i would think that is a lot i'm not going to say because i don't have an answer on that one excuse me i'm going to request of the commissioners that we go into an executive session and concur with a corporation counsel if you all agree to m very in light of the review of this application by way of history back on the original review back in august two thousand and seventeen in which in the application of mr berman they were requesting two drawings and five bedrooms to operate the short term mental the department had recommended approval of the state special permit as being in in accordance with the applicable standards which the applicant did go through in detail especially in light of their implemented farm plan which the department reviewed and in light of the application as it was presented with the applicant's reduction to only the main farm dwelling the department continues to support this application and wishes to recommend to the planning commission approval of the land use commission's special permit subject to the seven conditions of course probably the most implacable one which would be that the farm plan will remain implemented throughout the duration of the special permit so we continue to recommend approval of the that they have met the criteria for a special permit as outlined in the department's staff of motion to be seconded solely for the purpose of discussion if the commission wants to discuss anything about it plan and that's why i think the farm plan is an issue i have here but i think it also showed the the need for rentals you know they have one of their units is a long term rental and i'm not sure if it was a one bedroom a two bedroom i the there's all these reasons to see it but that's not true people need renters they're people people who people need to work in the stores that people going to go buy stuff from people need to work in areas at the taurus are going to come to people to work in the rental cars when they come to pick up their single one rent the car for the whole you know people need to work for the airlines when they're flying over here we have planning department plans areas for vacation areas there was tourism a flourishing tourism market before le they could go the opposite way with the c c and r s and convince them to allow short term rentals instead of the neutral you know it's it's what is the voice stronger and that way so my reason the again for tonight it is it's it's another unit in too close an area which is one of the five criteria that we have for that i thank you for me anyway i safely the motion was to deny the permit i was seconded not a call for the motion there was one in favor and three abstentions which are considered affirmative votes on that motion to deny so you are voting would be the vote to either agree to denial of the permit or you can vote no  mean well it appears that you do not have any motion that's going to pass with the majority and it requires any action by this body requires a vote of the majority of the members to which bodies entitle being that is correct thank you thank you john stanton which means i'm the director going to prove them administratively so we've already had a meeting and decided to do that administratively they were very minor it was just more of some of the facade work on the outside of the building so what is before you today is just to a review of the two year time extension to complete construction so they've already begun it and they just need a little more time to complete it probably because these things like you small design changes come up and then they do you have to amend building permits and things like that so to your favor would be much appreciated and the applicant is here yes if you have any specific question if i i'd like to request that our next meeting if we could be shown the exact law or the charter that says that applications that are an approved or denied are automatically accepted