any organization you are representing good afternoon sharon members my name is jordan heart of chris heart of partners thank you very much for the opportunity to speak today i'm here to present the con a sunset project is the request for community plan amendment and change in zoning could you speak a which has been a significant amount of time also here today is raymond could be from chris sort of partners he's been the lead planner for this project this is a location map of the project site in red so located on in west maui it's an existing developed condominium complex is an aerial photograph of the project site the project site has developed with six residential buildings one accessory building you have the condominiums to the north you have the new paley villas to the east single family development to the south this is the tax map key for the parcel four point four six there are so seventy nine kind of medium units have been operating as transients vacation rentals are short term rentals since their initial construction in one nine hundred seventy one there are also onsite amenities consisting of pool cabanas barbecues outdoor showers and parking this aerial photograph indicates how the buildings are identified it's basically a horseshoe starting a building in proceeding down to building hundred seventy one there was no differentiation between short term and long term rental for multifamily developments back in one nine hundred eighty nine was the first delineation between short term and long term rental for the apartment district and so in that context this property has been operating as an effective hotel since its construction in one nine hundred seventy one and so this this request is to take the project out of the single family designation and to put it in the hotel designation which is what it has been operating in as part of the project there was a suggestion by the county department of planning for the addition of a shore line access path because there is currently no pedestrian access for the general public into  applicant reviewed the proposal and has graciously agreed to supply the land and construct the infrastructure that construction is almost completely done at this point it's my understanding that fencing is being completed now this consists of diagram of the beach access path there's approximately forty nine feet of elevation that are crossed in this one hundred two hundred fifty foot length this is a photograph of the exit of the beach access path prior to construction this is a photograph under current conditions and so basically there was some significant demolition an excavation of concrete and then the construction of stairways  i would like to see into the record the proposed function of the beach access path is to be open from seven thirty a m till seven thirty p m every day this is consistent with the operational hours of a normal county park  the beach access path is completely on private property the land use applications that are being requested today are my community plan amendment from residential to hotel the community plan was adopted in one nine six and a change in zoning from our three residential to h m o hotel and we basically came up with the proposal for h m o hotel by looking at the existing uses in the existing scale of development and matching those most some of the things that were discussed previously but should be recapped at this time the project was a originally approved on residentially zoned land under a variance the existing non conforming short term rental use has been occurring at the site since  seventy one this is a community plan map for west maui identifying the parcel was adopted in one thousand nine hundred six so some of the the back story but things to consider is that the condominium complex had been constructed in seventy one and the community plan was adopted in ninety six while the multifamily development was existing it was designated as single family so in some ways we do feel like this is may have been somewhat of a mapping error or we say in that context this is owning map remains residential the project was developed under a variance variances are not an appropriate substitute for a change in zoning it so we're here today to correct that configuration the following matrix just analyzes the density of existing development and uses and the county zoning designations and their restrictions and basically identifies that the h m o hotel is the most accurate designation to propose to put the existing development into some of the change in zoning criteria to discuss the proposed request meets the intent of the general plan of the objectives and policies of the community plans of the county the proposed project does propose a request is consistent with the local community plan in land use map of the county we are requesting it first of all it is consistent with a community plan language but we are requesting a community plan amendment to the map and to designate this as a hotel development the proposed request meets the intent and purpose of the district being requested it certainly does the application if granted would not adversely affect or interfere with public or private schools parks playgrounds water systems sewage and solid waste disposal drainage roadway and transportation systems and other public requirements conveniences and improvements so to reiterate this project has been developed and it's in its current condition in scale since nine hundred seventy one and so we do feel that there would be no change to any impacts and we also feel that all potential impacts been mitigated by the development of infrastructure that is serving the site currently through the environmental review process potential impacts were identified and mitigation measures were provided the project did conduct an environmental a finding of no significant impact was identified and accepted by the my planning commission the my planning commission did review the propose community plan amendment and change in zoning and provide a recommendation for approval to the council with conditions pertaining to heights one thing i would like to bring up is that there was discussion of the concern of the redevelopment of the projects site after the change in zoning to hotel and so the applicant in response to that made clear in their application documentation that there is no intent to redevelop or increase the height of the project there was a condition of height recommended and the application is supportive of that limitation  and so we feel that that is an adequate way of mitigating any concerns of potential view impacts from development through increas height the planning commission happened on july ninth mission happen meeting happened on july twenty second two thousand and fourteen as discussed there was a height condition proposed it's our understanding in consultation with council land use committee chair and staff that there is a request to further define the height limitations because the community plan of the planning commission recommended condition is more general and so there is a there is a discussion of defining the more accurately and we are supportive of that so with that i think that that really concludes my proposal or another proposal but presentation on the background information for the project thank you the news committee read it will come back to order put in your opening comments no comments mr chairman when we get to your recommendation we can discuss whatever conditions mr coach thank you mr chair my question is you know we had this discussion in my committee about stories there's no real definition of stories so i can understand where it says in no case that the total height of any structure exceed forty five feet does that include the  alternative energy devices approved by the board of directors because the way condition one reads it seems like it includes the any alternative energy devices this is to make sure that agreed to put wind turbines that exceeded forty five feet the way that and correct me if i'm wrong corp council the way this condition reads that including any structures any you know alternative energy structures you can you can't go higher than forty five feet i may we do have that in writing to distribute it's just presented as if it were a separate condition and i think the way the deputy is proposing is that this written condition would just replace the last sentence of so this is the way we had proposed it and if you had one condition it's going to deal with existing buildings or future buildings you know my thought is you really don't have a need to address existing in the future just one condition would handle it all and also yes we we the last part of this bent pipe spans etc et c makes an additional ten feet that's consistent with title nineteen we don't want to just limit something and then exclude something that the zoning district would allow anyway mr chair so your recommendation is a little bit different from missa want us your recommendation is to me have just this one condition and that's it and that would take care of pretty much everything in these other two conditions except for the part that where it says accepting alternative energy devices approved by the board of directors of the qana sunset a o and by the county of maui if required and accepting any new configurations as may be required by the county that last phrase i'm not sure why that's in there but the other phrase reads to me that the county and the have to agree on what energy of devices are allowed that would go away if we use just the one condition as you're suggesting well small scale energy devices are  nineteen i think it would include all that i understand the definition it's just that this condition appears to be allowing that saying that the board of directors of the a o a o and the county of maui have to agree on whatever small alternative energy devices i'm not sure the purpose of that i would just remind the committee members that the planning department's recommendation on the can condition of zone mean it's straight to the point i mean and also in your proposal chair one is focusing on the existing structures the number two is for future structures i think they were dealing with planning no building shell that's now existing or future it's just building any building so that sections covered and yeah i'm  my name is jordan hart kristen partners on the line he's putting consulting for the applicant but there was a board meeting yesterday by the association where they did discuss the potential conditions including the high limitation that was being discussed and we just want to reiterate for everyone that there is no intent to proceed higher than the existing development and so we want everybody to be comfortable with what's being proposed and so when you reach the conclusion on your language with regard to that the advocates comfortable with it ok your you know i want to thank you effort into for correcting what has been a wrongdoing for many years back well at that time most people just never paid much attention to it so are very appreciative of their correcting the problem and secondly giving us some beach access which did not exist in that entire area i think that was very important in this whole scheme of what they're bringing up and how they want to get this rectified i think you know i'd like to see more of that done i hope others will see this is another possible way of getting rid of a key issue of the zoning and other matters that land use that we've just let slide for so many years so i want to thank the applicant and  a house cleaning as well as the benefit to the community for access to the beaches i think that is very appropriate and we think the property owners for thinking about that and  well public beach access period in this area as they know i've been trying to figure out ways and lo and behold the department came up with a great idea that when people all of this nature come in for these emergency permuting that upon you know final approval they commit to creating this beach access is what should have been done many years ago but here we are and it has complied also and now we have gone a sunset so yes hats off to them but especially to the department who thought to you know bring this up at this point in order to make this happen and i do have a question i was able t touring me around the other day to watch the completed project because i was with jim and taro original i mean the onset of this whole thing that was occurring and the walls you know falling in and undermine or what have you and they did an awesome job t beat the public access so i didn't really get a date or time when that was going to be completed it looked like the brunt and the enormity of the project was done beautifully and but yet this one sliver almost compare in comparison to the rest of the project is still kind of sitting there not done so it just seems like the chain link and then you've got to take away the tape on either side and now people can traverse through and it just seem like things are just kind of hung up somehow right there and you know why they were haps a timeline on when maybe the link chain link fence is going to go in and the gate that's going to access for the residents hi hello and thank you very much for hearing this today i know you all give up your time and you work so hard i'm jacqueline scheibel i co chair a long range planning and full implementation for the kahana sunset and have for some long time and this is been a project that has been planning and parts of it have been really so important public access to the beach i think that's a critical thing because you don't have that everywhere and nobody could get to cook canoeing to e bay is lovely so we're putting the fencing up it's almost done we have the insurance and process the proper insurance that names the county as it should and i believe the state that document all came and has has got onto our insurance people when we have the insurance that i can bring to mr buca because that's where our going to be bring me and what i have that at it should not be very long we would like to have a public opening where we maybe symbolically cut the ribbon across the path it's almost finished we've got a few more days work they found saying landscaping won't hold up opening the path we can do the landscaping as we work but so we're looking at probably a couple of weeks there are owners who would like to have the opening at our annual meeting which is the last friday and september i don't want to wait that long we have it i'd like it to be open that minute we've got the insurance that's what's going to hold it up as soon as i see the insurance you're going to get phone calls from me so any other questions i could answer but i appreciate your coming i appreciate meeting with all of you and i think you all for what you've judged and especially i think mr because he helped give me words to use with our mostly live on the mainland owners so that we could get this achieved because a lot of them did not in one spot it said nine a m to seven p m and so where is the actual on record what the time of access is  of zone that was in the s m a condition the nine to seven right one to seven thirty so that was the minimum right right that was the minimum hour so just to clarify the property is proposing seven thirty a m to seven thirty p m that would be in excess of things that were discussed at s m a level but that's what's being proposed to the community right now and and that's what they intend to do would you would the applican object to that being a condition of zoning seven thirty seven thirty as minimums well there's i guess they're not opposed to it but they're also the ones proposing it so i mean it's you know i understand it's just would rather that just stay as and as some a condition rather than a condition of zoning it's more related to the special management area and the goals from policies of to a five  a if something needs to change i mean if you put it as a condition you know that's very rigid if something needs to change it's easy to go back the planning commission and have them make the presentation and everything there if something needs to be modified to see if it needs to stay open late or correct however what is to prevent the next day oh board which they change all the time to say oh it's not a clocks are going to go to nine o'clock i don't want to see that happen i want the minimum time to be seven thirty and if it's an s i'm a condition well i'll put it this way all the hotels and kaanapali have conditions on the shoreline access and where parking is to be and all doubt those were built and goodness early eighty's mid eighty's we still go after him for conditions and those do not change and  that but the condition says nine o'clock so they will be following their conditions if they don't open the gate till nine o'clock i think i know i would i'm sure some of the other members would like to see that early opening no later than seven boy changed yearly some times that next board can say i'm going to go nine o'clock i personally and i don't know if any of the other members don't want to see any later than seven thirty to be a fact of somehow that they can't do that now i would like that to be some sort of condition that the county puts on and can we do that at we can't deal with s m a right so we would have to do it as a condition of zoning here is that correct i don't know i mean i'm trying to be as flexible as possible except for the time  for reconstruction not the s n a i mean we have the hours in there so we could modify the conditions in the emergency permit and if we have i don't have that with me but if i could speak just you know the property is not opposed to it so whatever and whatever everyone is comfortable with i would say just for clarification the body th didn't force the zoning conditions or as i may conditions will be the planning department there is normally a standard condition that the projects going to be developed in substantial compliance with representations made to this body and so i think that it's in the record and the enforcement agency is here with us but if if there is another step that needs to be taken so their body can feel comfortable about where we are you know the properties indicated that they're supportive of that you joe something that they're willing to do is put it in writing and it cannot be changed to come back to this body to change it and then have to have substantial reason to change it you know i don't join in the you know just to make it easier so that we don't  staff there was discussion of the timing of the year and the council that's reviewing this and the process that proceeds for the remainder of the year and so for my understanding of how much time that the kind of sunset is put into this process i would really like to see if we can resolve this now so that we can proceed rather than going back to the board and coming up with a creative option that may or may not be suitable to everyone so i would just like to say well do you dig that my suggestion would be going back to the board and redoing it or well i would prefer that the the the duly appointed representative of the association has acknowledged that she is supportive of the condition and so i think that if the condition was made it would be the discretion of the landowner to execute that unilateral agreement except those conditions and i expect that that's going to be what's going to happen so i think that if there's a proposal i understand it the director would have rather addressed it through as i may and there is a level of flexibility but i also understand that there's been a lot invested in this process it right after we exceed forty five feet that the hours of operation the hours of operations for this excess would be from seven thirty a m to seven thirty p m or you could put the word i'll leave it up to you but mr vick you know that the conditions say that the the open the gate shall not be open any later than seven thirty a m closed any earlier than seven thirty p m that way it gives the flexibility to go earlier or later at the end and make that as condition number two if mr victor we don't want to want to make that motion go even go right to make that as ert cannot be open any earlier than seventy or later than seven that so rather if we could reword it to say that the public shoreline access shall be available at a minimum between the hours of seven thirty a m and seven thirty p m and you're defining saying at a minimum so you could open early or you could stay open later but in a minute but you're also defining the hours of operation you know during the day time essentially quote thank you mr chairman i think that apartment very much for looking into this i had some concerns about seawalls but having read the discussion and having discussed it with the department yesterday i'm