and we will start with i didn't see the well actually sorry let's start with the public testimony anybody that would like to testify at this time may do so you have three minutes if you do now you will not be able to testify when the item comes up on the agenda jim  i would like to expand on part of our testimony two weeks ago concerning the county's department of public works examining sidewalks along who cry while the coconut wireless offer speculation speculative we have verifiable information from the department of public works concerning the i section between the highway and south key he wrote two months ago in february county engineers did a site inspection long stretch of roadway and arrived at a proposal which in essence would construct three sections of sidewalks which would be merging with existing sidewalks or for a single continuous set side walk along this street from south key to the state by the way of the highway again a complete safe walking path of this street right to the state land from the ocean this offer this offer is a very strong emphasis on the severe need for all four corners of this project to include sidewalks but here especially on the cais side for basic sidewalks instead of leading  intersection to leave them no recourse but to venture out among the water vehicles this commission decided a necessary condition of this project was sidewalks and we were advised by councilman coutts that the state department decided no need because the county had none to which they could connect again commend the public works department for their action and their willingness to share them with k c of course this commission can verify this and secure the specific details directly from this department as our time here is limited if you do follow up on the plan stated in a prior meeting to have the state department of transportation come to your meeting to explain a justification  a permit has been violated it's evident from the date of the document entitled the limerick plants report that was really written because we asked to see it after construction have already begun it didn't exist it was written in december of two thousand and fourteen so i'm going to assume that there's a violation if i were you i'd be asking so what i have or so what's the come to my mind one is the integrity of this commission and the prior work that was done asking that sidewalks only be considered decision made evidence based given then to the planning department where they would exercise their discretion none of that happened when i was in italy transit travelling couple years ago we caught up to a stop sign and the driver would drive right through it and i asked well why don't you stop at the stop sign and he said well you know we've you stop signs as suggestive and i think that when it comes to orders and permits issued by this commission it's more than suggest it's the law of that particular matter so what number two is public policy every public policy of this state in this county and this federal government favors walkability sustainability and there are a variety of reasons for that i won't get into but it's clear that that's the policy of the state it's important because those policies guide the discretion of this body and other bodies so what number three is the people who south maui deserve better one of you made a comment hi you know it was very honest it was very blunt and i agree with it he's a mess it is a mess and you know what it's not because of what nature gave us it's because of what we've done and what we haven't done and the people of south now we want to walkable community it's in our community plan and that's why mike is here that's why i am here because it's time to turn the ship and deliver a better product in the force so what the most important is the health safety of our children i drove that intersection the other day at fifty five miles an hour consistent with the flow of traffic and i can tell you that right now under construction there are no kids present  ports there but it's stopped and have kids start using an intersection with a school in in the immediate area with a high school beagle two doors to intersections down it's absolutely to learn there's a lot of different permits that we deal with and we're more than happy to share any information with ahead of time before you come to the meeting so i'm going to give you just a brief overview of the case for novels on maui those are rentals to find that's less than one hundred eighty days you can have something that's in a hotel zone doesn't need a permit outright permitted you can have something called legally non conforming prior to changing the law to making runnels one hundred eighty days  more used to be able to do in the county amount of rentals for last in the residential district i believe it was nine hundred eighty nine it was changed and for the apartment district it was nine hundred ninety one to be non conforming there's a section of our code to give some criteria which include you have to use have the use every single year and you have to be able to show that you would also need a letter from the county confirming that so that's what makes no it's legal then you also have better breakfast homes with a permit and i'm going to go into more details and then more recently we've allowed short term rental homes with the permit and i'll go into the differences between the two you're going to see is this commission the last two types apartments some of the last ok so starting with bed and breakfast homes which actually had been around during the two thousand and various forms in two thousand and eight our current bill was passed that we have and as of now we have about eighty one permits we've got about twenty actually more than twenty pending a bunch of  they're coming in we're getting a lot of them these days we're doing something for cement and it's bringing in short term models but it's really bringing in the bed and breakfast so expect to see some more of those the cap is four hundred so there's quite a there's a lot of room for these permits so perhaps the most important point is the bed and breakfast is when the owner operator has to live on the same property not necessarily the same home but on the same property so they could rent out their main house live in one room or they could live in the cottage the other most important thing is most of these permits are reviewed administratively and that means they're reviewed and approved by the department and it was council's intent to keep it that way four hundred permits to come to you that's just not really in your time that you can handle that so we go through and we do most of them but there are certain triggers in the law that will bring it to you so as you can see starting the first year you had a little more than a year you only reviewed seven bed and breakfast time permits and then last year you only reviewed four of them and all of them of the exception of one were because there was one within five hundred feet a lot of people think that's a prohibition it's not it's just a trigger to bring it to you to take a closer look at that permit in that neighborhood a particular i just wanted you to know what all of the triggers were the first one i just mentioned it's that if there's another one illegal with the permit within five hundred feet the other one is the written protest comprise thirty percent or more of owners within a five hundred foot distance that is a very hard trigger to meet we've only seen it once in this case and that property owner lived behind a condominium and had upset that entire condominium so that is how we had that trigger now as some of you may remember there were amendments to the short term brunel home bill and the b and b bell one of them is a change to this so when council does take it up we'll come back to you if there's been any changes to the us you've only seen the variance once and that was for the first trigger that we talked about that you see the most is when there's one within five hundred feet council did that so that you can take a look at that particular neighborhood and determine the character of that neighborhood so that once you've seen have been so actually in the b and b bill it does talk about that in the purpose of it specifically that they want to retain the character of the neighborhood so that all that does come down to you when you're reviewing those permit any questions about  on to short term not a home ok so the short term rental home bill the ordinance was adopted we're coming up on three years ago it didn't clue that to your review where last summer i did go through with the commission th department's amendments and you gave me some of your amendments it's at council so this summer we hope to take that up again and then at the end of the year you folks did write a letter to the council recommending a moratorium which i believe they may take up at the same time they take up the short term home amendments so far there's been about one hundred ten permits issued we are getting more in every week you can kind of see where they're coming from mostly our existing tourist areas  terminal home does not have to live on the property typically these are part time residents sometimes or legacy properties the bill passed on through the families however they do need a manager and that manager has to be either a license real estate applicant the applicant themselves or a family member and anybody who's a manager has to live within thirty driving miles are only good for one year and that actually came from the industry they want to make sure they want to weed out the bad apples right away so they only allow us to issue a permit for one year and then it has to come back in for a time extension so far we have had to permits revoked we've had another permit that just wasn't renewed and we're going through that again with one permit right now so again like the b and b s council wanted most permits to be reviewed administratively by the department so if you meet the criteria for the permit and if there aren't any triggers that come to commission the department can go ahead and approve  however you will see there are similar triggers so you have seen some of these the first year we had nine of them were reviewed four were denied kind of at the end of the year people stop bringing them forward at that point so there's been kind of a back up you may see some more that have been waiting and we've told those people you really need to come come ahead and schedule your your commission date now in the past year you saw five and one was denied most of them were denied due to neighbor much stronger which is why you're going to see more of these permits than you will for be in these if there's two or more adjacent neighbors or across the street neighbors that protest it does trigger it to come to you also if there's you can see instead of having thirty percent they decided if they're when there's less than forty lots there's only fifteen percent we've only had one that's triggered the thirty percent and you're going to be seeing that at the end the may so most of these have come in most of the denials came in because of the protests however you still have a similar trigger it's with the b and b s where if there's another one within five hundred feet it will send it to you to take a look that profession for short term when it was waived during the first six months had a lot of applications come in that's why you're going to see some neighborhoods where there's already three or four and that's because though that trigger was waived and those were approved administratively you did have three in your first year and then you had five last year so as we get more and more and we've seen them concentrate in areas you're going to start to see more and more of these short term rental homes in certain areas i haven't had any for a variance and we've only had one in hono and there was more than three bedroom so you've had a number of denials so we've had some practice with how to handle those denials so these are just kind of reminders i went through the last year of so it is your job to review the contentious applications and like i said five  were done where they were triggered by neighbor complaints and it's also your job to protect the character of the neighborhood and you had a number of those so when a permit is tonight by this commission and it's really any permit it's then the department staff job to write something called the decision in order and in that decision in order we list out all the reasons why the planning commission went ahead and denied the permit the plan only has the official record in which to list out the reasons about the staff report the testimony and the minutes any private conversations anything we may have anything we think are thinking that can go in there it's really important to get good discussion in to the minutes and again when i say only legitimate reasons can be listed in that decision in order those are reasons that relate back to the regulations and then just to give you a little big picture if if that decision in order is appealed by the applicant then it's our corp counsel that goes to court and house to defend the planning commission denial that's done through the decision in order so when you're discussing a permit it's really useful to always look at the a political regulations in the staff report and it's probably the most boring part of the report to be real specific with this type of permit here are they are political regulations so if something was related to the homeowner's letter let's say the short term on home use is not allowed please state that in there we can use that as a legitimate reason relating to the character of the neighborhood it allows you to look at existing land use and title months and uses i don't know that we're going to see that too much unless perhaps you have somebody that also has something new to commercial with another permit on their typical community plan they may have specific policies and we've talked about that with haiku pio before when we've looked at oceanfront community input the testimony from the neighbors you can refer to that can also be included when we do our decision in order to potential adverse impacts now that's hard because you don't know what's going to happen but you could list but you're concerned about and probably the easiest one that you've talked about in the past is the number and distance of other short term runs from the one that you're reviewing it does show the character of the neighborhood right there and then the number in the substance of protests to those are very legitimate reasons those are things you can refer to existing or past complaints about run a la peroration i've heard a lot of discussion in the past that's very relevant to good to get that on the record and if there's been other problems with noncompliance with government requirement requirements sometimes you have some a violation and things like that that can also be put right into the d n o it's one of  the criteria so bring that up as well and also ask questions of your staff planner or even your attorney that's right there before you do the vote to make sure that they have everything that they need to back you up should we need to be in that position later the type of permit that you're going to see equally as often or more than the specific short term around or the b and b is an associated we call it the ag permit so when it's an agricultural land the applicant is required to also apply for a separate permit i know you had a presentation on the planning framework at your last meeting and there you learned about state requirements and county requirements in the state code it only allows certain permitted uses short term rental homes and b and b s are not listed in there and that is the trigger in which you can and the trigger that they need to apply for this permanent state commission land use special use permit is the catch all permits for any use that's not allowed in the state ag district you saw a number of those last year i was really surprised related not to be in decent short term runnels but you had cell phone towers concrete batching plant you had the cemetery half way to han a market came in for a time extension those are examples of kind of general uses  those special events we just had a month ago the dragon fruit farm but you're also going to be getting them for each that in breakfast or short term on a home it's likely you won't see the b and b or the short term mental impairment with that i don't usually be approved administratively not always but you'll only be seeing this one so you've only thought to last year for b and b s and six for short term runnels you approved all of them however and one of them you reduce the number dwellings from two down to one and you felt that that with the act that was on the property that was more fitting and just so you know how we take a look the department takes a look at the envious and short term runnel special use permits a little different than how we look at some of the other uses the concrete batching plant we discussed this type of use with the state office the planning there kind of  the watchdogs of that state to all five permitted uses and they felt comfortable with that implemented farm plan so we now require the applicant to come in before they can even turn in an application they have to have a fully implemented farm plan and what that means is fifty one percent or more of the property has to be in agriculture or conservation so before we can even take an application they need to meet this threshold and criteria does make your job much easier once the application actually gets to you and then all those foreign plants are actually inspected by the department prior to the application even coming in and then the planner does go out again once that permit is then and we do inspect for a second time the state office the planning also provides comments on each individual application that you review and in the staff report you'll see those comments and then we make a recommendation to you also for every application that we've been for so those are kind of the broad money and see any of the question we don't have pending litigation listed is an agenda item either if it's a particular case that's usually something that you'd want to notice if you are ready for good morning chairman ball in maui planning commissioners my name is jim me the shoreline planner with the planning department and mahalo for all your dedication and expertise that you offer and provide to the citizens of our we island we appreciate all the time and energy and effort that you put into this commission it's very important  presentation by just providing you with the outline of the piece that presentation and then introducing terror owens who will talk about managing our dynamic shoreline first then i'll talk about your rules first  just like to offer the spirit of full image of the maui shoreline to let you know that the shorelines on maui are disappearing an alarming rate and are protected by the coastal zone management act and the s m a rules which will talk about an hour shoreline rules for which you are the off already you are the final offer already so you have an important job for protecting our coastal zone so i'll go to the outline here shoreline so she'll give you a good coastal scientific perspective and then i will give you a very short presentation on the coastal zone management act and then talk about your rol commissioners under the special management area rules for the maui planning commission and the shoreline rules for the maui planning commission and will leave some time at the end for humanae and as gina thank you good morning commissioners jim left it to me to do a quick introduction so many of you know me for those who don't my name is taro and i belong to a coastal geologist i promote a better understanding of the use and of our coastal resources and that's the role i'm serving here today talking to you we strive to really be neutral brokers of information so i'm not an advocate and i'm not a decision maker all the decisions are left to you and the planning department i appreciate the opportunity to be here because we we deal with some with some challenging issues and it's very important for us to be able to come share some of this you've probably seen from me before for those of you who are existing commissioners but i always try to bring in the latest research on the latest news as well so there will be some new items this is one you've seen before now he has lost more than four miles of sandy beach in the past century now that was from two thousand and twelve and there had been a recent study done by the university of hawaii about hawaii's erosion rates this year has been a particularly busy year and i'm just going to flip through some of the news that's been coming out recently and this isn't even everything but it gives you a good idea of the issues that we're dealing with this one from just from april ninth a while who faces a future with far fewer beaches this was focused on a walk but the information and the scenarios are share maui as well march twenty third new research predicts a doubling of coastal erosion by mid century and hawaii so university of hawaii has just completed a study there looking at what what we're expecting for  sandy beaches in the face of sea level rise and the models are showing that the erosion that we're seeing now will be doubling in its magnitude by the year two thousand and fifty perhaps march seventeenth sand on the run and this is sam limit of the department of land and natural resources office of coastal and conservation land sitting on wakey key beach looking at the issues they're facing their hotel tax might be top to fix eroding beaches this is something that's been being bounced around in the legislature this session on maui this was back in march forces of nature threatened roadway and this was a look at some erosion hotspots that we are dealing with along the northern end of south keep a road and and the plans we have that you know we we might be able to mitigate some of this and this is back in  summertime last summer erosion likely the result of superman title increases rather than storms there's a lot of erosion around the island people are noticing and people are asking questions about how we how we can and should manage these issues so just some real basic facts this is from a study of back from two thousand and eleven this was a partnership between the u s geological survey and the university of hawaii looking at shoreline change throughout the whole land islands and focusing on maui we have eighty five percent of now you shorelines experiencing long term or asian maui's beaches are experiencing the highest rates of erosion out of the islands that have been studied for a while who why and now we are the ones with most of the sandy beaches and now he has the highest percentage of beach loss high rates of erosion high rates of speech loss i'll come back to this issue but it relates to the fact that we have higher rates of home that's a good question when it comes to erosion rate specifically this data here i am talking about just now in ireland there are not any erosion rates that have been studied and made available for m erosion we have to talk about the underlying causes and generally it falls into three categories one is human impacts and i don't i will look at each of these with you in a little bit more detail to currents and seasonal way of conditions and storms that move sand so that's what we refer to as the episodic your vision so things that come along the road the beaches it's a short term event and then the and the beaches usually recover after those events we had that this winter with this string of kind of storms that we had that really affected our south and on the beaches if you were observing that and then we have sea level rise sea level is rising it's forcing our shorelines to retreat and that's causing a situation of chronic or longer for mere illusion and that's you know that's that's a real issue for us and managing our beaches so so i'm going to kind of go through each one of these looking at human impacts i have to always start with talking about how precious a resource our sand is on our beaches as you probably know most of our sand is looks like what you see on the left hand side coming off the reef today but we've taken dates some samples from around the island and we know that most of our sand is old anywhere from five hundred to four thousand years old and that has major implications if it's old and we're having only a little bit of modern sound production that means that that's the supply we have and if we don't manage it carefully once it's gone it's gone at least in our lifetimes maybe not  fields ok so the other type of human impacts we've seen that have affected now we are our sand mining you know in the past you probably are well aware that on a on a wahoo as well as on through the one nine hundred seventy s and that affected the sediment budget for beaches and we have very very high rates of return on the north shore partially related to all the sand mining that was done so this goes to the issue of managing our resources carefully another type of human impact as armoring you also probably know that historically in hawaii we've responded to writing beaches by armoring them erecting sea walls or rock or investments things that hold the shoreline in place but generally wind up in the loss of the sandy beach in front of them and for a variety of reasons as i mentioned with sea level rise are shorelines retreat and they'll do that and our beaches well maintain themselves to what the beach will stay the same it'll just move inland as long as there's a sand supply and there's nothing in the way when you erect a structure like you see on the right hand side in the graphic here you can can do a couple of things you can empower and of the sand behind it which usually through natural processes feeds the beach now it's no longer available to feed the beach the other thing that happens is you can't see in this graphic but that is a real concern is the cumulative impact typically if you have one property that armors and you have sandy beach on either side when the waves come in approach the shoreline they refract around that structure and the adjacent properties begin to have what's called armoring and effects and they end up having the focus of the wave energy on those properties so they begin to have accelerated erosion and then there recourse is can we armor as well and one armoring leads to another and it leads to this domino effect that you see provenly here and now if you look at when to go what to provide area lots of sea walls very little sandy beach kilometer park resentment and then hole on the street armoring all the way to the north so those are examples of that domino effect on mali and this is a look at the process and nature so this is one shoreline that was armored with that men and the neighboring shoreline you can see the shoreline is retreating landward but the beach is remaining because on the right hand side there's nothing in its way there's sand to feed the beach on the other side we've protected the land but we've lost the beach it's very difficult to protect both it's generally a choice of one or the other and i should point out the sea walls they don't work forever either this is an example of this is no hanani condos in west nile we this is just one of many examples i think we're dealing with about eight existing armoring structures on the way right now that are failing a lot of them and western are we these are old old sea walls that were mostly built in the sixty's seventy's and eighty's prior to cesium prior to our shoreline rules you can see a sinkhole right there behind the behind the and you can see a ladder sticking up out that's like an eight foot ladder there so there's a deep seeded coal behind that well what's happening is we've reached a threshold with our beach erosion where a lot of these walls are now being uncovered at the base at the top of the wall  it's it's a scary situation for the homeowners and for us as well in terms of how the county respond ok so that was number one human impacts the second thing that causes erosion back to seasonal conditions this is something that anybody who lives on maui probably understands intuitively you have a different seasonal way of regimes that the islands are exposed to and different shorelines are exposed to different seasonal waves you know you have a north pacific swell in the yellow that comes in in the winter you have your trade when waves in the blue that come in from the north east in the summer months spring and summer and you have your south swell and your kona storm waves swell coming in pink summertime generally  and kona waves a lot of times from the winter and from the southwest we experience that just this winter we had several cone of storms and those of course affect it looks like i'm missing something there so many beaches as you probably know have a seasonal signal you might have the beach behaving one way san going one direction in one season and the other direction another season this is baldwin beach a couple of years ago when the restroom fell into the ocean you have the summertime trade in waves pushing sand toward the baby beach and and then the norse swells in the winter pushing the sand back toward the homicide by the existing lime kiln resentment so beaches move sand moves up and down and moves on and off shore we also have had a history of hurricanes something for think about why has buried the brunt of most of those storms in the key and eva but the other islands including maui had damages during the storms this is an example i do i like to show of that this is but this isn't an unheard of condition if you went down here right after the kona storms this winter the beach was almost in this condition there was a little sand on the beach but we had quite a bit a loss these are the events that we don't want to have a dramatic response to because we know these are season all these are episodic events and the sand will return to the beach and it's already you know south now he has recovered a lot since the winter already third trend goes up water levels are always changing but they're generally going up and then there are projections for accelerating sea level rise you probably hear this on the news all the time climate change climate change climate change predictions are three to nine inches by twenty thirty seven eighteen inches by two thousand and fifty in one thousand to fifty five inches by twenty one hundred and the newest research like i mentioned out of you it says with the sea level rise we're expecting possibly double by two thousand and fifty so that the issues we face now only stand to get more challenging this is mr commissioner who donning of the situation pretty well this was kind of poly in two thousand and three i like to use this example as an analog for sea level rise because what happened this particular year we had elevated water levels that year you can think of it as like an extreme high tide we had and the water levels were something like maybe three to six inches above what we normally see above sea level and this is the erosion that was caused so the top to the bottom within a few months or so so when i say a number of inches of sea level rise projected it's very meaningful for shorelines three inches can can have a lot of little bit of a vertical but that's a lot of horizontal change on the and as i said maui actually has higher rates of sea level rise than the other islands and it's the reason why we may have more extensive her version here although the other islands have the same problems as well we have the big island over here constantly growing new new land all the time as that new land cools it compacts it makes the big island heavier it pushes down on the oh look there's fear that dr lamb sits upon its flexible and so it kind of pushes mowing down with it and so and then just in general for sea level rise impacts we're looking at you know as fuel rises and and rain intensity increases we're going to have more flooding from both directions from the ocean and from the upland salt intrusion into wetlands so wetlands expanding coastal erosion possibly leading to more requests for sea walls which ultimately leads usually to beach loss wave overtopping closed roads  flood now are going to become flood more frequently and so runoff and impacts to our reefs as well we're working on some good things so it's not all bad news there's a lot of positive movement as well there's been a lot of talk in the legislature the last couple years there was a bill signed in two thousand and twelve and then there was one just this last session in two thousand and fourteen this this is really a positive movement established the hawaii climate adaptation initiative act and there's going to be an inner agency climate adaptation committee now that we have a new administration a new governor that committee is starting to be put together and there will be representatives from  county and the state office of planning and dealing are going to be working on a vulnerability an adaptation report for our state and that will be kicking off hopefully this year ok now then when it comes to you and the decisions that have to be made others lots of things we can do proactively like like the study that's going to kick off or like purchasing coastal land so that we can have undeveloped land that are subject to revision and you know we won't have any issues with threaten developed and threaten development in the future but when it comes to you know we're already talking about usually properties that are threatened by  and how we're going to respond to that and so then our range of options is you know smaller and this is sort of the range of options here from doing nothing when i say do nothing i mean that let's you know let buildings fall into the ocean which is not something we're likely to do to the other and the other extreme which is armoring we've already talked about that hopefully we're focusing our efforts somewhere in those middle areas manager tree that's our shoreline setbacks we're doing that we have a that's good those work fairly well for new development doesn't really help us with all the existing development on the shoreline so then what do we do we can do some you know new properties we can elevate homes we can maybe r figure if large remodelling is happening good things further away from the shoreline but when it comes down to it we either have to armor or try to rebuild the beach or do temporary things like push stand around if if the opportunity exists so we really we in the planning department spent a lot of time trying to look for opportunities to protect and restore our dunes and also to restore beaches and i'll give you know the latest case example and in just a minute or so we have our shoreline setback rules are shoreline setbacks a revision based that's good now he was very proactive establishing that and jim will talk more about that so i'm going to skip over that well i should mention one thing lower that's about average we're thinking discussing in the planning department opportunities to update this calculation to include future conditions like sea level rise so that might be something that comes to you in the future  and then in terms of other responses those things in the middle this is an example of a project that's done and that has been a fairly nice success story this is stable road on the north shore of maui it just near the airport think of it kind of in front of the airport area this is the shoreline prior to any work being done and you can see it's kind of washed out on this notice here but you can see all the iron tree from the shoreline area of which were removed you have here you have a big erosion scarp and their homes right behind this these are pipes that are part of the septic system the leach field that were being exposed and this is the shoreline today a group of homeowners who eat up they they built for rock growing and which are short perpendicular structures that are meant to help control erosion you can see the garage rock crimes in the background here is one two three and there's another in the foreground that you can't see and they put about three or four thousand cubic yards of sand on the beach from off shore a pretty small quantity but it was enough to fill up their structures and they have a nice beach there they have much more protection for the homes they're working on restoring the coastal dune and so far it's been a very very successful project and an example from ali there is the fourth terminal rock growing down to the west end of that beach so they're fairly small scale relatively non intrusive as far as rock currents go winton with the environment and then one other case and i'll wrap up with this this is another case  condos in between along the shoreline now a couple of the condos here in the middle are already armored and there's proposed armoring along one of the other condos what we're working on is a is a santa lucian for kind of a as an alternative to armoring so you man heard if you follow the budget deliberations at the at the council you may have heard of a planning department proposed study for looking at  nourishment alternative for chrono bay and we need some additional information to be able to determine whether that's a viable solution or not so we're hoping to have the study funded but just a quick look through time this is one nine hundred forty nine very interesting to look at the old photos here's the behind a stream up at the north end so we're kind of looking at this same area from behind a stream down the us turns so kahana stream down to us turns here you can see nice wide sandy beach along the shoreline you can transit from one end to the other this is one nine hundred seventy five you start to see a lot more development along the shoreline but one of the condos being erected here is the stream again here's a stearns but you can still walk the shoreline there's still plenty of sandy beach back in the seventy's this is the eighty's so by the eighty's you can see our mine here and you can start to see that we're almost losing most of our sandy beach maybe you could transit around the armoring during low tide but still plenty of sandy beach here on the southern end and this is by nine hundred ninety seven no longer any sandy beach in front of these armoring structures but we still have sandy beach on this side and this si engineers help us with that study we would be the goal would be to design and implement and optimize erosion control solution for kahana bank that protects the built environment the condos but also conserve the natural environment the beach and all the services that it offers if we get the funding and we can kick off the study we're hoping within a year we're going to valuate alternative structure configurations sand maybe other types of structures like grinds like the ones on the north shore and look at offshore sand resources and to that end this is the last line we have some really nice new information coming to us research this is from the army corps of engineers this map shows you offshore of the shoreline all of west now and so we've got on a poly down here here's black rock and we have our under cover up here that we're looking at kind of day and this takes a lot of new data that they collected hyperspectral imagery and light are and they've classified the sediments below the water and so we know at least we know there is sand out there we have to do further investigations to determine how much and what the quality is but it's looking like we have options and that's good news and with that i will and and i'll take any questions before jim comes and gets into the rules i have for you is  ok so the first thing that happened was you h did a study to quote to quantify the erosion rates on all the sandy beaches around that way so that's north west and south mali and after that the planning department then adopted the shoreline rules in two and around the year two thousand and were due for an update of those maps that's a whole other discussion to have on another day but and there was no study before that that was that was the first ye update of the study would just be adding modern shoreline so what happens is we look at the historical positions of shorelines through time and that gives us the erosion rate so the last shoreline that was the most modern shoreline that those maps relied on was one nine hundred ninety seven so now we can take we have imagery you are imagery and we can extract shorelines from the newer imagery add it to the dataset and re analyze the erosion rates just to keep them up to date in modern so that's what will hopefully continue to happen if you mission of gushing terror on maui in the were trying to do was preserve the shoreline area so they did a study and they found that either south carolina north carolina there was japanese company that had put in artificial s about successful projects that they've done to preserve the shoreline because we know that the ones that we've been doing in the past doesn't work very good question very good question i mean the underlying problem you have to always keep in mind is that sea level is rising and shorelines are retreating so we can't put a stop to that it's a matter of how we respond to it and you know building close to the shoreline is part of the problem in our responses because because it doesn't give the shoreline room to retreat in terms of though responding now in the face of existing development being threatened by or asian there are ranges of engineering solutions that have been tried worldwide and in the us examples like you just gave other examples include offshore structures breakwaters that exist offshore and try to control the wave energy coming from the shore was i showed her another example and restoring beaches you know when you when you when you do any kind of engineering it's tricky you have to really understand the  the local area and how it responds to waves and it's especially complicated in hawaii with waves coming from every different direction you have to understand the impacts and a lot of these engineering solutions they've had limited success so we generally focus on the ones that have been largely successful in many areas around the world which is what have included restoring beaches with sand a soft it's considered the soft solution does normally have very many negative impacts other environmental and again impacts grinds and some use of offshore structures so that's really been sort of the the areas of focus terms of responses area are approaching up to so large they're built in the sixties and seventies and it's coming about that way and they should be thinking about knocking the whole thing down  building on the property is there a way that or are there in certain hooves if we can get them to move in that direction in terms of strategic retreat you know i alone can answer because it takes a lot of forward planning and political will and there are some properties where i think we have amazing opportunities to do that for example one of the ones that armored they're already in and kind of been a poster lonnie condos they do they have the land right there on the seaward side of the road but they also have an extensive chunk of land on the other side of the road so there may be an opportunity if there is willingness to relocate those buildings or rebuild them across to other properties right but that's the photograph from that property actually  when the when the when an arse well rolls and the first floor units remain wet all winter long from the waves crashing on the wall so there is an opportunity there others it's going to be more challenging the next door neighbor whole loni their property  some additional examples when he talks but really very good question that we have to answer any other questions  means that those sand grains originated from the land so when you look at a few pick up a sample of sand on the beach sometimes you'll see green grains of sand or black grains of sand that's sound that's been put into the system as it erodes from the upland down the streams and finally reaches the beach so the green is all living that's a volcanic mineral so it's eroded from the upland volcanic soils also the black grains are basalt that get into the sand so they come through the streams and then they get distributed along the beach or sometimes they get mixed in with the carbonate sand so every beach if you if you just pay attention to the sand on the beach they're all they all have different fingerprints so to speak some of them are mostly carbonate some of them have more of these true genus grains mixed in and then we have some situations where we have you know why not been operates in entirely black sand beach there are no carbonate green from there it's really all  somewhere so right that's a good question when you're doing the trainers meant you are you have to as with any solution look at all the environmental factors so there has been some modernizing there has been no evidence of any offshore impacts where the sand was removed in this case it was a very small quantity the other impacts that were of most concern in this project were the possible down drift impacts your trapping sand in one location you may potentially starve another in this case that the downdraft properties are already armored with sea walls but before they installed the permanent rock grind we had a period of two plus years where there were temporary grinds made out of basically large sandbags g o tubes and during that time we were able to monitor the success and impacts of the project before the state and county authorized the permanent gr and there were no no observations of any kind of negative impacts on the beach or downdraft and any there were some concerns associated with the pipeline when the sand was being department i will cover the coastal zone management act each of us to a five day and then the special management area rules for the maui planning commission and the shoreline rules in a fifteen minutes or so state the coastal states including the great lakes the states that order the great lakes and back in the day in the late seventy's congress realized that over the next well now it forty years there will be a movement to our coastlines and great development along our coast lines and we need to to protect our coastal ecosystems so that is what the intent of the federal coastal zone management act is so it is our state's resource management umbrella and our environmental policy you know this is really the only there are other environmental laws but four for the islands it is our main environmental policy so when we're looking at a project that is in the special management area under the coastal zone management we are we are reviewing it here at the maui planning commission for potential environmental impacts and how we can minimize those environmental impact so it really is an environmental permit that is coming before you along with the and it allows for a permit system both a shoreline special management area a permit system and a shoreline set back variance so the this act authorizes the counties to develop an ad these rules the s m a rules special management area rules and shoreline rules and it is a home rule based type of law where it moves down to the counties and actually to all of our islands so we have three for their islands section eight eight point four the maui county charter shoreline issues do not go to council they end with you right here at the moment when planning permission and area and it is a subset of the coastal zone delineated by the county authorities which is you and he says the special management area for maui island is in yellow here very thin veneer strip you can see down south he hate he had a side through elia and then it's very very narrow pretty much the original estimate boundary is it is the coastal highway to the ocean boundary so it's as you go up you know on the west side it's very narrow and you can see once you get back over towards central maui or boileau on a side it again orders the highway to the ocean so it's whenever we have development within this own it's a special management area project a rolls now turn towards these as also besides a special management area the special menu area rules also assist the commission in giving full consideration and these are in the purpose of the rules the state policy of a stablish in special controls on development within the areas along the shoreline to avoid permanent loss of valuable coastal resources and for closure of land use and management options of these resources  above this is a picture of airport beach keeley beach park on a poly well managed nice beautiful beach park that also provides adequate access to beaches this recreational area natural reserves so that's we've had again picking up on what tara was talking about addictions are becoming deflated because the sand loss first of all some of these reasons existing development was built too close to the shoreline  and now it's beginning to require protection more and more sea walls are built as a result of episodic storms such as the one nine hundred eighty six storm the one next to beg the sweitzer property here you look at the permits that came in after the one nine hundred eighty storm bunch of seawalls that went in on the west side because of a big major storm coming in so that's what tara was talking about they probably would have been a lot better if we just let the beach recover back then but the knee jerk reaction is protect my property build the wall and then the next two properties down were reactions they were domino effects to sweitzer wall from that storm they they were getting scour and affects from that seawall able to see all the next day's built the seawall and then maybe two three years ago we came before you for the very last property hester to build not really a seawall but it was a retaining wall because they were having a l failure there so what we've done is that was the last hoop that didn't have a seawall retaining wall we've seen all this and this entire beach we have six remaining beach cells on the west side and i would say this one is pretty much lost because of this domino effect here so that's what we're trying to prevent into the future again more on the purpose of the s m a rules picture of qana polly here so as a management tool the estimate rules purpose is to set special controls through a permit in process to assure the allowed that allow both developments are design and carried out in a manner consistent with the objectives and policies of the coastal zone management act and various guidelines at the state level so all shift to those a little bit here this is also a picture that shoreline here this is front of the hyatt  thousand and fifteen but this is the same you can see palm trees are in the water and they've had more closely roge and so i'll ask a rhetorical audience question to the audience is the is the beach in the wrong place or is  e beach boardwalk in the wrong place right i think we all know the answer to that so we built too close to the ocean and these are the consequences of it so hopefully we can learn from our mistakes so that so your rules are based on some of these a semi guidelines that are in the in the courses on management so the estimate guidelines at the state level seek to minimize these coastal impacts maui planning commission shall seek to minimize where reasonable dredging filling and altering of coastal areas reduction in beach size and pedants the public beach access and closer recreation loss of coastal views adverse effects to water quality fisheries wildlife and habitat and loss of existing or potential agricultural uses so we seek to minimize those so when a permit comes before you the planning department may have had it you don't get all the s in a permit you just get big ones planning department maybe working for a year behind the scenes maybe six months a year maybe two years to minimize these impacts right before it comes to you guys for decision making hopefully we have minimized all of these impacts and we're presenting something that meets the guidelines of the special management area rules your rules and that is acceptable to you sometimes there are compromises and sometimes there are impacts but we attempt to minimize those so just kind of re it these guidelines they ensure adequate and i have these words underlined here purposely adequate access to publicly owned beaches recreational areas wildlife and natural reserves adequate and properly located public recreation areas adequately controlled managed to minimize the impact from pollution and runoff that's a major that's all of the drainage right the pollution in and runoff is very important in the estimate permits minimize adverse effects to water resources scenic resources recreational amenities and minimize risk the proposed structures from coastal hazards so in our permits we're trying to minimize all of these impacts so really the bottom line is the coastal zone management act through the s n a guidelines and our maui planning commission s m a rule seek to minimize where reasonable adverse impacts to the environment i always say every time we put a shovel in a ground there's going to be some kind of impact so we want to minimize it so the the reason for the estimate permit really is to put in place best management practices planning act where we have our general plans where the land use commission zoning and then parallel on that level is the coastal zone management act and below that is managed by the maui planning commission again the estimate rules and the shorelines rules you do have handouts in front of you that are not as washed here so getting into the nitty gritty of the s m a rules that provides already provides a forty's to that commission and the director the director being the director of planning department any action in the s m a requires an assessment by the off already so the commission has already for esam a major use permits so that's a major project which requires a public hearing the director has off already for miner per se me permits emergency permits an estimate exemptions so maybe the five hundred or six hundred s m a permits that come through the planning department you may see five or ten or fifteen or twenty of those during a year because those are the only major ones that require public hearing all the others are done administratively fi the department and we have criteria that will show you that we judge everyone by again even though it doesn't come to you we may work on all kinds of mitigation factors for a year or two behind the scenes until we have minimized those impacts so this is just a category of the permits here the first one that i have highlighted is that your  already major s and one permit is any project greater than half a million dollars invaluable ation it requires a public hearing it requires notification of owners within five hundred feet by certified mail and it can place on the permit conditions to avoid minimizing mitigate impacts the other two categories are minor permits similar but less than five hundred thousand no public hearing because so have conditions to avoid minimize and mitigate impacts they're authorized by the planning to rector and then emergency permits where we have imminent and substantial harm to public welfare or to prevent substantial physical harm to persons or property we can actually work with the applicant give them oral permission to begin and what we do is you'll see probably occasionally this year as heath and i come we report out to you our requirement is to report out to the planning commission that we have authorized some emergency  to begin work because life safety imminent harm to structures etc they still have to come in with a regular permit but we allow them to bump up to the top of the list and get going on it here's an example  sunset i showed you can new e bay that the sea wall down below this is what happened above it in two thousand and seven we had some structural collapse of the one i front of this building here there's another image of that rack illicitly that it will happen at three am nobody was injured and i'll just go back to that one there i think they do cover later but this building is right at the shoreline we reinforce the seawall we reinforce aslan but is part of this project with the commission talking about strategic retreat questions about strategic retreat here and how do we deal   mission or how dani what we did is we had we asked them to create in their master plan for the whole property if this building sustained structural damage where would you relocate it and there's this is building a there's another building close to the ocean building f that was undermined also if this building next time sustained structural damage where were you relocated so this building would be rebuilt back according to their master plan in the environmental assessment back where the administration building is back up on the hill and the other building f there's a big parking lot up along the highway they would move that building back so we are attempting in some of our work to build in these people to think strategically about strategic retreat because we have to more and more because of these types of situations so there are exemptions and there are reasons for  sending projects back or denying them exemptions are there are categories considered not development such as a single family home we would never ever get through all of our permits if we had to permit every single family home on the island we do do but it's called an exempted category but there are two things that require an exemption first you have to be in one of these categories which i think is is in your slides i am not go show it here the different categories of work minor work but besides being in an exempt a category you also have to show that there are no significant environmental adverse impacts with a project so you can't go building a house on top of a hayao or unknown burial site or or a wetlands type of thing or in a hazardous coastal zone so we have to mitigate those things so we have to  minimize any significant so again even though you have a single family home some single family homes taken a year or two behind the scenes to get their exemption because they have to have archeology in place they have to have drainage in place they have to look at their view planes they have to deal with historic natural coastal resources including cumulative impact so we work both in exempting exemption category and to minimize impact even to these example projects here so all minor and emergency permits as well as exemptions are reported to the commission in the next regular meeting your agenda that will have a list in the back of these exemptions that we have done and you can any of those for more information some of the commissioners do if you're interested in them and also within ten days after we do authorize these minor permits emergency  evaluate a proposed project and again we're trying to minimize adverse impacts so a proposed action may have a significant so what are these assessment criteria we go through  every single estimate project we look at one does it involve an era vocal loss of a natural or cultural resource is a taking a beach is it being built on a hayao etc is it being built on an archeologically historically sensitive area that we should be building in significantly significantly curtails a range of beneficial uses of the environment conflicts with state and counties long term environmental policies and goals there's other categories substantially affects economic social welfare the community involved secondary impacts and increase the facts on infrastructure as part of a cumulative effect involves a commitment to a larger action sometimes that happens substantially affects the rare threatened or endangered species animal or plant for its habitat is contrary to the state state plan counties general plan appropriate community plans and zoning and other subdivision ordinances as detrimental air or water quality impacts noise impacts effects environmentally sensitive areas such as flood plains shoreline tsunami erosion prone coastal  waters substantially alters natural landforms are they doing excessive grading impacts public views to and along the shoreline so all of these are assessed by a planner and then the catchall number twelve down at the end pumps a spec to the coastal zone management act which says contrary to the objectives and policies of the coastal management act so that bump suspect to the state law and the objectives are listed here just go through them quickly but there are categories of the impactor resource can be recreational in nature the stark and cultural scenic and open space coastal ecosystems economic uses coastal hazards management of development participation each protection in access or in resources so all of these are in the in the state law that your estimate criteria refer back to so we do a secondary review some of them are similar to this and there are two lines so that's pretty much r s m a rules so go on to very quickly on the shoreline rules for the planning commission chapter twelve three which is a separate set of rules so the shoreline objectives are defined in the courses on management and i've highlighted a few of them coastal ecosystems coastal hazards beach protection access those three marine resources also so the purpose of the shoreline rules i have a few slides that took it right from the language from from the rules one of the  purpose of the shoreline rules of one of the most important and significant natural resources of the county a maori is that shoreline environment due to competing demands of utilization and preservation of the beach and ocean resources it is imp that the use and enjoyment of the shoreline area be ensured for the public to the fullest extent possible that natural shoreline environment be preserved and that manmade features in the shoreline area be limited to features compatible with the shoreline area so we want to limit very much our manmade features in the shoreline area ones that are compatible with the shoreline area and i underline that as have an example here this is thirteen and this is used by many many people to get to the beach and what it is doing at the same times it's allowing beach access through this path for disabled and elderly people as well as what is soon he says preserving the dunes so terror owns we have a few of these on the shoreline we have for them on the south for a line that are eighty eight accessible now there's another picture of the only one that same day of use and this is the disabled person who's using this rant she was absolutely overjoyed when this was dedicated and being  lot of people use these ramps purposes continued that the natural movement of the shoreline be protected from development that the quality of scenic and open space resources be protected preserved and were desirable restored so we can restore the shoreline and then adequate public access to and along the shoreline be provided ok so we're trying to preserve for line as much as possible is an example of what  park one used to look like this nasty how bush had gone all the way down to the high tide line preventing preventing public access during high ti what tara owens led the project along with one of the other and a better show scott what we what we were able to do is take out about one hundred to one hundred fifty feet of encroaching vegetation from charlie young beach all the way down to cam one where that  eighty accesses down by a b c store two and a half year project we effectively doubled if not tripled the width of the beach so if you get down there check it out not only that what has happened tara he volunteers has managed to do the dune is grown where it used to be all vegetated there you can see the dunes growing here we had shorebird habitat we had to do it during certain times a year  and this is what it used to look like in that area that was all encroaching vegetation that was that was fed by lines by all the seven homeowners out there they had created one hundred fifty foot education barrier between their property and to state land so we took it all out so again that's what it looks like so again the purpose of the shoreline rules reading from it even development encroaches on the shoreline coastal hazards necessitate hardening to to protect these structures resulting in adverse environmental impacts so there's a structure right behind this here people came in without  can and and put into sandbags and this nasty wall so these are the types of things that are kneejerk reactions of our shoreline that we are attempting to  so again to conclude on the purpose of the shoreline rules finally to ensure that the public use and enjoyment of our shoreline resources are preserved and protected for future generations and corns with a way close on management law h r s two five a so we're trying to preserve what we have a laugh as much as possible and you are the off already for that kara did talk about the shoreline setback  area again that there was a question when was that it got adopted it was adopted two thousand and three it regulates use within a setback area can be anywhere from twenty five feet to one hundred fifty feet of the shoreline area in that range depending on the erosion rate pretty it's basically giving us minimum protection from coastal hazards and ensuring that the shoreline is not encroached upon and that the public and enjoy those resources lot older non conforming structures there and sure shoreline access and limit the types of structures and activities in the shoreline setback area so again this is that hahn a sunset master plan will move this building if there is structural failure at some point in the future which i assume was sea level rise it's a strong possibility that they will see the light of day and they will want to move it at some point to save it so permissible structures and shoreline rules there are not many things there are only minor activities and structures under one hundred twenty five thousand and we have these criteria doesn't adversely affect each prostheses does not artificially fix the shoreline does not interfere with public access and does not block public views so those are activities that are allowed there are some things you know we allow paver and barbecue and some vegetation over trying to keep the shoreline set pretty much structure free if there are new structures put in they have to be elevated one foot above base flood elevation on pilings or columns the county is held harmless no liability and it doesn't harden the shoreline so those are criteria so this here is kind of a again a rhetorical question to the audience here this wall it's old would this be permitted under our minor structure activity probably now days this this is up on front street i just visited a week or two ago it's got nice low beaches and old i think a historic wall is about two feet two feet wide  if you were constructing that today would it be permissible probably not it would cost over one hundred twenty five k to do it it does adversely affect the beach processes it errored officially fixes the shoreline and  may interview interfere with public access so this we probably would not allow this to be dealt with things so there is a variance ok well when you want to do something in the area conclude with this there is a shoreline set back variance rule that permits require conditions that requires a compliance with chapter three for three this the highlighted one here and b c requires an environmental assessment to be completed that requires a public hearing and requires notification of all the abutting landowners must be notified and it requires a state certified shoreline so this would be a variance this would be allowing something in the shoreline said that it is against our rules it's a variance from our rules here and your role in approving shoreline variance is there it's in the variance law i'm just i just have these stated here a variance may be granted for structures necessary for and similar ie to drainage improvements maintenance along the shoreline publicly owned boating water sports facilities that are probably already there public facility repairs improvements or utilities again things that are already in place private facilities or improvements that are clearly in the public's interest that it could be something that's private but clearly in the adversely affect each process sees you not artificially fix a shoreline and would result in hardship if not approved and hardship cannot be a financial hardship has to be some other hardship so those are the varian e rules where we can allow things and there will be variances coming to the commission on occasion so there are some mandatory conditions and are in n d shoreline rules where we have to maintain safe lateral access to the public in a miser risk of adverse impacts to beach processes minimize risk of structures failing complying with their flood has a rules and minimizing adverse impacts a public use to promina long shoreline so those are mandatory conditions that so to conclude i mean we all in this room understand the value of shoreline it provides for tourism economy recreation fishing and food cultural practices and quality way of life our shoreline is threatened with costly roshon that is definitely celebrating we see it daily and our shoreline and coastal erosion processes are a system that needs to be studied and fully understood to make sound scientifically based planning decisions we can't parcel them out we're finding that when we build one seawall that leads at least to the next in these the next we need to look at things regionally  more specially now the sea level rise and everything that tara was talking about and so bottom line is the coastal zone management act through your the estimate guidelines and your assume a rules and your shoreline rules what we do is with these permits we seek our permits with us tremendous planning background jeffrey doc is our environmental section supervisor and tara owens is co so hazard specialists u h c grant but actually sits in our office and chair also services public works on all the shoreline roads issues lot of stuff services the department of environmental management on lots of shoreline projects and also does a lot of work  is all happened in the last five six years so i think it's a tremendous wave of activity that we're doing and we'd like to make much many more of these beaches eighty accessible in the future thank you understand about water water when there is a water durst's life and when there is no water there's no life because we all need water all living creatures gravitates towards water and that's why people love to go spending time in the beach the beach the waters just suits our mine it helps us relax but when there is still too much water it's it's  lobbying and and there's damage and devastation so that's why we have the flood hazard ordinance so this circle ma in our sl expenditures blood losses and then kong grocers that there mean that regulation of construction in the area subject to flood was or is necessary for the protection of life property and with option  want the financial assistance from the federal government and the commune the ones to make sure that we are safe from flooding ok national flood insurance program was st insurance and in order to be qualify in the program the community need to know so we answer the first question we go to the next question what do we do as a member regularly and up the flood ordinance and force the flood ordinance and also we joined the cirrus that follow higher regulatory standards no where city and this is the national assessment to where when you put your dmca number on the right side says search d m k you can just quickly zoom in your property and if you need to print the report will give you a report like is considered as a development so development is defined as any man made change to improve or and improve real estate including but not limited to walls buildings or other structures feeling very doing excavation mining nature that are not in the floodway and friends below great outdoor pools signs that are not in the floodway demolition and temporary structures and use is incidental to building repairman are structures that built before the code so it means the structures built before one thousand eighty one and structures that are built after ninety to one and also being proposed are considered as full sperm and aside from that if your proposed to work for your reform structures is more than fifty percent is going to be a substantial improvement that becomes like a post because you need to elevate your structure to and so if it's if it's seventy thousand case your proposed work and your field being market value is one hundred then it means is substantial because it's more than fifty percent and subdivision if your work is doesn't include grading and this just miners of division probably you can get exempt from plant permit but if you're going to do something with the land in improve that then ok and this also includes p v system and road works and the bridges water course alteration you'll need plug permits now going to the standards but first we will talk elevator structures to one foot above the base for the elevation and top of the bottom floor should be that one for about then the sign you're structures to withstand flood forces protect utilities and then all rights analysis will be this is the typical building section on the right side you can see the structure design in that is and you provided two flood zones and on your left side it is building built in the v's  in fear so you can allow the passage of water to just pass through the area and for the aids own you can just let the water to equalize and come out in the flood event but that requirement is on one square feet and it is easy this is a lot of their online you can also call me in the department ok so in the big question who does not need to comply so when you come in then your house comply to the flood standards where i'm going to say oh you need to elevate the structure you know you can stay down there if you like because your work is less than fifty percent and then also for the other property that doesn't need to  sometimes every owner will try to different way to to not comply because this more expensive to do with so the county has amended the flood ordinance in two thousand and nine where we ha work until you reach the fifty percent and if you do then we're going to tell you that you have to have a view and make your building compliant so this is another picture down here or hurricane you see definitely this house is not going to survive because the stand there is just up to there so it is it's just sad when people try to get away from doing what's required done to you know put some investment in elevating your structure is for your kids future and for your safety if you ok and then this is regarding compliance and then complying structure because of the change in two thousand and nine there are structural snow non compliant the was compliant before and how do we review this so if you are building was built compliant in one thousand eighty five but now we have a one foot three board requirement then it means you are now non compliant so if you decide to do an addition your addition these to comply to the requirement ok so if you build your house at ten feet and now we have one foot  board your addition is the one for hire case you just have to us your engineer to make that happen ok and the last question to the circle m is what is your role so open space you use the intended use of this area is to limit the will on certain urban and urban land which may be inappropriate for intensive development any questions on those items have there has been a lawsuit filed against the county regarding that so you could do that as part of the litigation update but i would not recommend something that would reopen the permit at this stage until you've at least been briefed on the lawsuit that's been filed it's not against the commission specifically but this is kind of a special situation where where you need to be advised that there's been litigation against the county on that exact issue would it be appropriate to have that on the next agenda and go into executive session perhaps now this is something we would still need to talk your office about is again the commission business as well so we need to be conscious of that we're bringing back permits with the reason would be in that situation rather than just have a discussion on general issues so  we really need to think hard about how that would be agenda ised and what the topic would be and and whether or not the chair or the commission actually would like to have this is an agenda item considering that there is litigation on this topic the commission has already completed its business as far as deciding on the permitting condition and the permit and whether or not it's it's advisable to bring the the permitting issues or whatever other issues back to the commission considering the pending litigation ok something of a perch to advise on because it's not an agenda item so we could discuss that part of the next agenda i'm not even sure it's something that we can have discussed in executive session with respect to this commission this doesn't directly involve litigation but again i don't know all of the allegations of the complaint i haven't read over the complaint and things like that but i do know that there's been a lawsuit filed and we need to consider that in any future genda  posting ok corporate counsel does that mean that this particular permit is now on hold until the decision is reached on the court action again this is not on the agenda today i don't know about the i don't know what's been filed in the complaint there's been no injunction issued so as far as i understand it's just not affect the commissions but again we can do this as part of an update but as of now this is not on our agenda today so i don't know if we've ever dealt with litigation that is not involving the commission this is just not involved the commission there's other litigation that happens but it could tangentially deal with commission business because  commission did review it and permit activities in that area so i would want i think a litigator who's from earlier with the case to advise you on the case if we're going to discuss that issue rather than simply put her on the  agenda without a without we would like to do is discuss with the i'd like to discuss with who the attorneys involved in it and kind of get their advice before going for them perhaps we can discuss with  and i know you want to discuss why would be on the future agenda but i don't want to stretch out the sunshine law you know beyond what what we're comfortable with at this point i'd like to proceed as i as i proposed if there's other alternative ways and we can discuss that but again not knowing all the background this is a fairly recent case i would want to discuss that first before proceeding if if we if we decide not to put on the agenda i can and perhaps explain question and it may be convenient to do that as part of the litigation update that you're getting as well even though this does not involve the commission directly a because it may indirectly involve commission business  may be something relevant to discuss as part of that executive session update as advice from the litigation attorneys working on the case that would be something you could discuss in executive session as i as i understand it  involved with it to communicate and talk with the chair about putting out a future agenda we decide to put it on as a certain way we can do that if not then i would explain to commissioner gushy i guess maybe individually  to avoid any agenda issues or if there's a general issue my concern is potentially opening up the record in this case again when the records been closed as far as voting on the permit in the action taken on the how can we go about rectifying that situation is my concern if there is evidence of a violation then yes you can bring that forward on an agenda i was unaware there's any evidence of a violation of a permit that you wanted to discuss in front of the commission i didn't realize that was the issue it's a separate situation so it seems there is a violation and it's i mean if you want to have it's the same issue with the permit that you're talking about later today with deity there's a if there's a but i would be you would need to have evidence of that violation before you have that before you before again reopening a hearing on a  permit that's already been granted so that's something that you have to bring forward and determine as a co commission we're getting again we're so far we're discussing this permit now getting into discussion of the permits are the pending if you want to talk in general about a compliance report then maybe the department can explain what they do as far as a compl so i guess it depends on the specific wording compliance is forward for the commission on areas related to the coastal zone i think it's important that we get as much information as we chat from knowledgeable sources  relative to the science of what's happening in the coastal zone and therefore i think i don't know if it's going to matter two weeks from now you know they probably will have already made  decision but what i'd like to see is a letter of support from the commission or that particular position moving forward so that we can get good advice rather that define from the bones which we're going to chairman we have a request for mister good afternoon commissioners and nice to see you again i hope you enjoyed the orientation session this morning as clayton said this is an application it was filed by alan who is  utilized for the short term mental operation and it will also be utilized for the family they do frequently travel to maui and stay here and they hope to have this home to their retirement home so in order to not leave the house make and unproductive they want to in between the times that they're here use it for short term rental as you'll see in exhibit one of the report you can see the location the site plan is shown in exhibit two marking plan you can see an exhibit three and in exhibit four you'll see the floor plan and then there are a number of photographs of the short term mental home both exterior and interior photographs and that show on several pages comprise exhibit number five  this special use permit as there have been no objections filed in regards to this project the property is approximately five acres to be exact five point one three to  it's in a large flat subdivision known as the con of poly coffee farms at this point in time it's located in line a highway in the agriculture district and it's about a mile and a half east county zoning are both agriculture the property is surrounded by other lots that are is zoned for agriculture and to the west there is also a residential and resort hotel this home was purchased by mr in may of two thousand and fourteen and it's the only home on the property and it the home was built in approximately two thousand and eight and it was built originally as the model home for the subdivision there's fifty one lots in the subdivision and we consider this to be a very very creative and interesting use of agricultural land and mixed in with residential use because the developers have managed to create a subdivision where eighty percent of the area is covered with agricultural production namely coffee plants the farm itself is least and operated by fifth generation the hind of farmer james falconer and he brands his coffee maoi grown coffee one hundred percent maori original brand planning department zoning division approved a farm plan in two thousand and seven you can see that in exhibit number seven and also in exhibit eight of your report you can see the on a polly coffee farms marketing map illustrating available lots and the ratio of dwelling sites to agriculture areas there are no short term rentals or bed and breakfast operations exist in existence or even applied for within five hundred feet of the property as of january sixth of two thousand and fifteen there were twenty seven permitted short term rental operations with in the west community plan out of a total maximum cap of eighty eight short term then a home operation so we're on about about twenty five to thirty percent of the way to get into the top of the cap and west mowery additionally there are ten permitted bed and breakfast homes in the community planned region out of a maximum of eighty eight homes so again we have quite a ways to go before we get to the cap on those in the west maui plan the property has been evaluated against the land use regulations and the primary one that we'll be considering today is the  the desired use would not adversely affect surrounding property at the use would not unreasonably burden public agencies that unusual trends and needs have arisen since the rules and the boundaries were established and that the land upon which the uses site is unsuited for the use is permitted within the district or each one of these points has been carefully researched debated discussed within the body of the reporters and in the analysis section we can go into those in more detail if you should desire to do that we transmitted this to various agencies we no longer transmit to the police department because we use the online read system we found no instances of recorded disturbances at the property or even within a nearby range there have been no complaints about the property of the state office of planning had not submitted comments on this application prior to completion of the report the applicant is here today and would like to say a few things i'll just reiterate that in an hour and analyzing the project against the state land  the property is in eighty percent of the subdivision is is is being used for coffee coffee agriculture we find that it will not adversely affect the neighboring area there will be management of the property management of the operation there are rules and regulations and conditions that will be in implemented through the short term mental home permit that will prevent disturbance and will also give an avenue for complaint if there were to be some something on the property each home site is very well buffered from other home sites because of the coffee plants that are interspersed throughout the project and there is no indication that the proposed use would place any extra demand on public agencies the water is provided through a private water company fire protection is available  there should be no anticipated increase or burden on police fire or any of the public schools than would be a burden if it was just used as a residential home and so we could talk more about agriculture i think that you probably have seen from the photographs and description in your report that this is a very well planned agriculture subdivision that actually makes very good use of the existing land to provide eighty percent of the total area and a griculture use so with that i would very much like to introduce you to alan talking to and turn the mike over to him so that he can give you a very brief powerpoint and description of the property thank you ada family trust in tend to keep it in the family and use it certainly for retirement and beyond that so excited i just wanted to provide a few slides give a brief about it a few slides kind of showing the character of the neighborhood and how it how the how the house is laid out in the surrounding so that you have a feel for what we have and why we're so in love with it as as  you know this is above the kaanapali overlooks the kaanapali area it's approximately five hundred feet in elevation it is really the first lot as you enter the community from a gated and it was intended and for many years used as the model home and so it was built as soon as you enter the houses is as you enter the the development there are fifty one other lots but all of them have a similar character in that they are surrounded by coffee plants and coffee trees this is a general layout of the of the property itself and have a slide a little bit different than the showing a little closer configuration but you can see that it's completely surrounded other than the street side by coffee and farm coffee trees as you look towards the ocean which would be the top of this we have the master suite is on the left hand side the south facing towards the south we have the living areas right at the front center of the property and then the two guests we are in the in the extra bedroom at the right side of the property in the pool in front and now just some slides showing just some of the pictures of  property in the area as you as you come up the hill they have refurbished the original water tanks and using it for agriculture water storage this is the  is due to be completely active in terms of entry in within the next couple weeks i understand and our property is just to the left of this this is an aerial from the  here living room kitchen and and some of the gathering areas and structure of the kitchen just to give you kind of a flavor of the type of construction suite which is towards the south side of the structure i just want to show my son doing something that he really would never be able to do on an actual basketball court so so this is this this is will never happen anywhere else and he's a very proud of that and last is him thank you very much mr chair if you have no questions i can go ahead with the recommendation which is the planning department recommends approval in consideration of the foregoing the planning department recommends that the my planning commission adopt the planning department's report and recommendation which were prepared for the april twenty eighth two thousand and fifteen meeting as your findings of fact conclusions of law decision and order and that you authorized the planning director to transmit said written  decision in order on behalf of the planning commission and this will be subject to six standard conditions of state special uses permits the director will be able to issue time extension on him but if there's any concerns may bring the project back to you for consideration recommending a term of three years that's also a standard term for the initial state has been going up and it's in their very they're very pleased with their production levels i could i could actually you know get that data for it on the write off they have i know that it's increasing and they're very happy with the production levels and expected to continue at a fairly high level for some time as the trees i mean in the mature state so they don't they don't put your check at this point i want to think again  e homeowners dues are funded depending on the production level so in a good year we will get we will get nearly all of our homeowners dues paid for in fact you know we've only been part of this for one year but in that year there was a production level above expected levels so there was a kickback in terms of homeowners dues to help pay for those so that that's a return we don't actually we're not going to share i don't believe in any way other than an offset of the ongoing cos to one farmer and that lease is an ongoing lease and it was in place well before we were we we purchased a lot a commission to look at and if council had issues with that i think it's clear that you're still required to follow whatever laws in place until there's a an amendment made to the law but as of now this is not something council's code so it's outside of the council's felt side of the counties in terms of the use a permit for the for the state special use permit because it isn't the state ag district that's correct now for the county agricultural district county i believe already has jurisdiction over this but the way the council law is put this is a permit that can be granted administratively so i know that a lot yeah i agree with the council chair it is a different situation there are not very large lot there is no impacts the surrounding it's not something that would go into the rest residential housing or housing by any means and you know there's not a correlation about that as one two thousand and eleven zero zero zero seven and this permit was originally approved by this body subject to conditions condition number twenty three discussed the installation  consideration for installing sidewalks within the project the south citizens for responsible growth a letter will sense the permit got approved d o t d did not choose to move forward with the sidewalk insulation and then following that south now you citizens are responsible growth wrote a letter on questioning that consideration which was brought to commissioner what he does attention since then the commission has discussed that and has requested the state work for a company called parsons brinckerhoff we are the design consultants for condition twenty three asked us to look at curb and gutter starting at the intersection going all the way up to the there's an existing sidewalk that ends roughly about four hundred feet mark of the intersection so in our concept design we also noted that in addition to the sidewalk itself would probably have to put in catch basins and he closed conduit unit system which would tie into an existing forty eight inch convert it runs across the street so based on probably looking out across the state of about two hundred thirty five thousand dollars and based on that was one of the considerations state had to look into was the cost itself intersection at the intersection or design provides for for island refuge refuges for the pedestrians so that makes the crossing of the lonny highway and actually shorter imperative based on the feedback we got from the community to have some type of sidewalk because intersection is has has been problematic in general for anybody trying to tr and my thing too is i know exactly talking about right in front a sort of gas station i don't think that's four hundred feet it's probably less i think more like three hundred feet that there's existing sidewalks or stops right in front of sewer gas station and  it's you know of course i'm not familiar with casa construction but seems two hundred thousand two hundred thirty five thousand it's ridiculous can you know amount of money to just build a sidewalk connecting want to see what the rough estimated cost was and i guess based on their costs but this isn't with me so would it be possible for us to get some real numbers and side of things i mean obviously you guys have your budgets state but my main concern and just break it down plainly it's a huge liability i mean if you do this whole over the intersection thing because you're go offering the past but after i walk past but also offering just safety buffer in case you know once it's built and we have problems that's that goes to show need a sidewalk and that bicycles and possessions can both walk along the highway yes we'll be carlists if they're if they're five years older they're sixty five years old you guys filter that shoulder regardless of the grade regardless of the speed limit because i thought for us is opening up for every or but if you're following the are you not you can decide what part of it is us i'm a part of it is that i don't i don't understand either the a law says that you have to follow certain policies o intersection i see that there's this painted cross walks on and on one side of the one side of the highway and on the other side there's not so on the behind the side of the intersection there's no cross wa but on the mckenna side there is ok is is is that your is that you guys plan to only have cross walks on one side and not the other i really don't know what the plan calls for but if if it's true that that's what it is now it is an engineering study that was done the other side all the time and there's actually i think some markings on the road people do that movement to allow for head crossings will take away some green time for the other movements right now i don't i'm not i'm not suggesting to have crossed way through pilani highway on the behind of sight i think it's just the way that if you look at my high side of the whole cairo all the traffic flow people are kind of i would say fifty fifty want to cross it direction especially when there's actually markings on the road they're ready i mean i can't speak to whether it's a safety concern not because i know that there's a right turn there but i think the main concern we're  there's existing sidewalk maybe if it costs is that much two hundred thirty five thousand have you guys look at have you know i mean i've seen you know they don't have drainage and so forth i mean naturally the water drains that way anyway down from a little cry because of a change so i can't see that being that big of a deal just connecting  reggie if you were to put the sidewalk on the opposite side of the guardrail where that that low area is and we have that forty eight inch coper we would have to extend the culprit we have to seal that area  system but the cost would be x would be about the same even if you were put on the inside because of the film material that you need on the inside the agencies working with the communities that's something that we got to do ahead of time so that we have a good plan in place you know last week i spent higher week in seattle and portland looking at different complete streets projects and looking at these great communities with other officials from the different ponies and i think you know as we get more and more of our engineers planning stuff and mid to high level leadership going in that direction we can incorporate some of that into our design i think when the state came in with their project back in two thousand and thirteen two thousand and twelve at that time i don't think the policies complete streets policies hadn't been  you know for us we started looking at complete streets elements in our projects starting last year that was the directive that both my director and i gave to our staff every time you do a country construction project every time you do  resurfacing project you need to keep complete streets elements in mind back then i don't think i mean i'm not here advocating for the state but i'm just assuming that at that point it wasn't even it was something that was very new to the department but i think moving forward there may be some other opportunities that we can take a look at so that we can include more sidewalks more pedestrian friendly do have projects that goes in that area something like this we can accommodate it put it in the budget or whatever ahead of time so we can we don't have to to be i don't have to be coming in in front of of people are saying why are they doing that there are other roads obviously they're not state roads but that need resurfacing there's only a light it seems to be asked time again because backing up traffic there's understand that it's the issues the condition on the s m a permanent this point that's before the commission who should certainly has jurisdiction to talk about broader issues like this if it wants in the future but it should probably be on it and agenda as such but for now we're looking at plan to the o t into after to twelve how does that how does that affect our county in case somebody such as eighty eight that want to get across the street that has cross walks and all these signs but there's no access to these poss initial matter the complete streets if you're talking about the resolution that was passed that only applies to the county of maui the state department of transportation may have their own complete streets policy and believe they would since state wide policy and they can discuss that i don't think we have that in the record that's kind of a separate issue and in addition if we're talking about yes it may permit the same a permit has specific considerations for the for the for mowing county that deals with the coastal zone management act and to me that would not reflect any county liability would soever as far as the granting of a permit they start on whether or not it met the goals objectives and policies of the coastal zone management act and the requirements of that requirement was to to consider the placement of sidewalks and you can evaluate whether they were considered and not consider the placement of sidewalks or not it's far as liability this is you're talking about a county or you talk not talking about a county highway you're talking about a state highway but you know it's far as issues like that i would be it would be a state issue is as far as that if we're talking about it a state road in general but if we're talking about an estimate perm granted by the commission i wouldn't see liability as far as because the considerations are not to look at necessarily traffic in the area and safety in the area it's to look at the goals objectives and policies of the coastal zone management act and those are listed in a tourist to a five day and that's that's the concentration and and through that looking at that condition there was a can through those requirements there was a condition placed on this project that was to consider the construction of sidewalks and to me that is the commission's purview at this point to determine whether that commission conditions been complied with or not complied with on this for general health and safety issues in that area  be purview of the state department of transportation looking at issues like that storage general road liability i mean owning roads in general is a is a live belief for anyone who owns them just in general because of their nature and that's why the taxpayers are required to you know maintain the roses a whole lot for this particular issue i would look at whether or not the condition has been complied with or not because we're not looking at this project now and saying approve or deny rel or a permit that has already been approved and asking whether or not the conditions of approval have already been complied with cannot open the permit up again for determination unless you do have a determination that there was a violation of the permit condition and maps and so forth do you guys provide sufficient data shows maybe you know us trying to get actual bid and what would take to do that maybe just documentation you could provide to the commission regarding w take and actual maybe cost some reason was asked analysis what would be to to provide the sidewalk because it just looks bad right now with the sidewalk current existing sidewalk and right in front of the sort of gas station and you guys only right around the corner i think that's about one hundred even that i mean just i think it's reasonable to request you guys provide furnish us with you know may be slightly safer so marginally so likely that i wouldn't think a six inch perp would stop any car if they're going in the wrong direction at a point just from my perspective just from my perspective i think in terms of giving consideration to the implementation of psych books in that section from my perspective i think the state has made made that threshold to look bad it  cost it out hopefully to measure it facilities we go through we design it in accordance with whatever standards and guidelines that we have in the books and those those are accepted design standards and guidelines that's the only thing that we have talking a well first off you should have had a contingency of two hundred eighty on a one point four million dollars project so we shouldn't even be discussing finances shouldn't specially to begin with the second item and this is less for you spend five hundred thousand dollars doing this race i wa only issue that should be an issue in this decision is the wrong one whether we met whether you guys met what was written down in the permit that's our only concern is it safe which is my concern and you're telling me it is it is but you know sidewalk idea you know like calculations or whatever you have us have done i think that's purview to the commission and did you did you want to see the plans the excesses that we went through is that what you're looking for what you're asking for yeah just whatever the process or research you guys would have already completed at this point  the person council was i don't know if this is something the mission wants to continue to review or or what it would like if just a suggestion if there is a there are additional documents that the commission in the planning department don't do not have yet that  indicate what consideration was put into whether or not sidewalks would be included in sounds like there may be additional documents those could be provided to the planning department and a commission just for further review if if if there are documents again i don't know if there are there are but it sounds like there was a discussion that there was a consideration done for whether or not sidewalks would be built in that that could be something to supplement what we have already as far as commissioner siad had several questions earlier resign and then also yeah that may include or other things as well one of the other things i want to ask you guys as well that i actually brought up when i was having both left lanes to turn left south towards mccann a while later from mark of opal cairo because that's a major congestion currently you have a car especially from twelve o'clock to four  fact that you're already have two lanes it's going to three lanes correct going through and the two left lanes most leftmost one makes a left turn and the second one goes straight or make a left turn the same know the reason the commission is very concerned that this point is that we've gotten testimony that there's been ninety seven accidents at this particular  t why you think two left turn lanes of as it was done on a traffic study that you say you did yours something in the that that was just the the about the sidewalks and preventing of accidents i've been driving for a number of years and i've probably crossed the white line in the shoulder probably weekly but i've never gone over a sidewalk so to kind of see that a sidewalk would or made not to protect somebody to a greater extent i disagree i think a sidewalk is a substantial safety addition to anybody on the sidewalk and i think  any driver can attest that they've kind of always gone over the way line but sidewalks is and it's a different area i can assume from a head on collision or for an errant car accident then when the sidewalk and then jump the sidewalk which is an everyday use a sidewalk is a lot more you guys perform on two things one is relates to the sidewalk and the other thing relates to the traffic flow from on to south and they need not having to i mean that's not  any information or traffic study is for the intersection and there are two points where one the study on the sidewalk and to traffic on oahu ca turning on the south key  going south going south as well as their requested presence after receiving the documentation at the next available planning commission meeting and you and i think the department's also also i mean they're always allowed to supplement if they are i don't know if i seen a response to any of the letters that have since the compliance report so i don't know if there's any further information the department gotten along with the  along with the documents provided that me supplement or update the commission on would offer to were in fact made i think there was some testimony today about that that we have on record that if there's any need to supplement any of that it department could certainly do that in writing if they if they feel like they would like to do so