degree of professionalism as deputy corporation counsel to the planning commission largely during the period of two thousand and four to september thirtieth two thousand and seventeen and whereas mr james road during that period of time has also worked with related boards and committees in the area of land use planning such as mel and general general plan advisory committee on advisory committee to the  and where as mr james his sound legal advice has contributed to the advancement of land use planning in permitting county whereas mr james a row retired from employment from the county of maui on october first twenty seventeen now therefore be it resolved the somali planning commission does hereby express its gratitude and appreciation mr james for his service and hereby extend his best wishes in his future endeavors and further resolve the copies of this resolution be transmitted to the on arrival allen our mayor of the county of maui and the honorable my it will be followed by a presentation by the receive a few letters which i believe you have two of them were submitted prior to this morning's meeting the first letter from mr hyde opposing their request  on april eighth two thousand and eight with the adoption of ordinance number thirty five fifty four which contains thirty conditions of zoning and today that the applicant is requesting one of those condition condition number five be amended this is a project location to orient you this is a highway here while a drive is located here and the project is south of mali metals this is the project site approximately six hundred seventy acres to the south is the mccann a resort and to the west is the y layer resort this is the existing conceptual master plan for the project supposed to be yellow very well is the residential unit what's proposed is that as part of this is the existing conceptual plan and this is resulting from they have a  lawsuit regarding that document at the maui planning commission had approved and as part of the settlement they did some changes to their project plan one of that is that the south area is called the south air reserve where most of the archaeological sites that were discovered on the property is located there also is this north preservation area which does allow some residential use interspersed within the area but the main portion of this project the north reserve area maintains the archaeological and cultural sites that were discovered doing surveys that were conducted on the property a long long journey for me with this project colin see ahmed give you the generalities of the project because because many of you i've been before you in recent years various aspects of the project that i wanted to bring you up to date on on a more detailed summary as calling the project district was approved in two thousand and eight and is subject to something on the order of thirty different conditions of which one of them conditions five is the subject of this meeting today the purpose of condition five was to deliver affordable housing earlier than you would normally see on the project the work force housing bill that we are using today was passed and in in the fall of two thousand and six the discussion on condition five and the need to provide affordable housing followed the prove all of that and then to time the requirement was fifty percent of the project would need to be affordable housing when the project was approved the idea was that the ownership also own land in north that was fully entitled everybody recognizes that the project but to get affordable housing delivered earlier than that in the project because it was clear at the times of the number of the conditions of the project would delay getting development actually on the property one of those is of course the widening  they would object to us filing for a revision to condition five allowing us some flexibility as to the location of the portable housing if we couldn't get through the state land use commission process and fully entitled this piece per their needs could we then relocate these affordable units in the project proper in the sierra club said essentially we wouldn't object to that so that's another reason why i'm here today fulfilling that discussion that commitment to the sierra club i part of the settlement agreement the order show cause filed with the state land his commission clearly creates some uncertainty for us it's a thirteen acre parcel that's associated or or contained within an so that we can build this affordable housing project that's a long process our intention is to complete that process and continue on however even though there are two hundred fifty offsite affordable units in that location there will still be affordable units located in the project will not so it's not like all of the units that are affordable will be off site there still will be affordable units in the project as well  the proposal before you the a member of the condition five doesn't change the commitment it's still two hundred fifty units one hundred twenty five of which are rental condition and our proposal is to build those at sixty percent of the county median which is at the bottom of the range which is really truly needed today and one hundred twenty five owner occupied units at one hundred twenty percent of the county median which is a very favorable price we still need to build industrial area around the thirteen acre piece we still have to build a two acre park and are committed to do that simply asking for flexibility in the event we continue to run into difficulties with the state land use commission and their review of the project we want to move on we want to build affordable housing the quickest and easiest way to do that is in the thirteen a good piece but we want some flexibility so we can continue wanting to build the project because  who build the units we can project so we're just asking for your indulgence in allowing us to continue on and proving this request i'm going to ask a couple of questions of you number one i think the project already has thirty some odd conditions and it really can't afford any more conditions i would ask that you approve this request with no conditions that it give us the flexibility to move forward and number two m before the commission votes and after the discussion and before the commission votes i'd like the the opportunity to at least discuss where you're going for you if that's ok thank you that's my presentation division site as well as the requirements for the two acre park what the applicant is requesting and this is a part of the settlement agreement that they agreed with both the sierra club  is that to amend the conditions to allow that the unit shall be located either within project district number nine while a r six seventy the green areas are the areas that are being amended at the light industrial subdivision or a combination of those locations as determined by who knew all the partners allowed see if success isn't permitted assigned and provided that each workforce housing unit have a certificate of occupancy also in the event that the two hundred fifty workforce housing units or any portion there are constructed at the car owner lulu industrial subdivision  to provide a two acre park for the residential use part of the original subdivision the project site for the other side is located here the thirteen acres while the rest of the project is part of the pilani prominent subdivision or shopping cent any problem not due to legal challenges and further entitlement requirements for the workforce housing units kono olu there is significant certainty about the timing and ability to comply with condition number five the project does meet the change in zoning criteria it is located within the urban growth boundary of the maui island plan it is consistent with the objectives of the community plan it is consistent with the land use map which identifies the project site as project district and it meets the intent of the key mccann i project district nine which is to establish permissible land uses and development standards for residential community would single family amounts of family dwelling make village makes use of golf course and other recreational use amenities the amendment does not conflict with this is intense proposed modifications will not adversely effect or interfere with public facilities and infrastructure it will not increase the total number of onsite residential units from the one thousand one hundred fifty units originally approved there would be development pattern in came a can region in a way that is consistent with the vision of the maui island plan and community plan the request to provide all or a portion of the work hard work force housing on site does not change th summary we would respectfully request a recommendation the from the planning commission to the county council to amend condition number five of ordinance number thirty five fifty four to allow all or a portion of the my name is mark here period on behalf of self knowledge citizens for responsible growth our organization does not oppose housing but we believe there's a higher authority compliance with law newell is asking this body to put its stamp of approval on a condition that was created by the county council about a decade ago that then violated and continues to violate the law full and unambiguous language of the day mckenna community plan that requires explicitly that this real property known as the owner will industrial park be developed into a customary light and dust real use which is clearly and narrowly defined in the plan as quote warehousing light assembly service in crap tight craft type industrial operations incl refer you to the definition of light industrial in the plan of page fifty five to the plan mapped in a dignified as a liar light industrial and through the body of the plant itself which explicitly describes the use of this property additionally county code section two point eight o b zero three zero states that quote all agency shall comply with the general plan and his ministry of actions by agency shall conform to the general plan and as you know the general plan includes or community plans finally the underlying real property is part of the call of the industrial park which is subject to a land use commission order made in one thousand nine hundred five that was and is recorded against the property and runs with the land that order requires the property to be developed in conjunction with a related development into a one hundred twenty three last light industrial park in two thousand and twelve south maui citizens for responsible growth and other parties sought a and ordered to show cause from the state land use compel the commission compelling new apartment to show why it is not in violation of the commission's order a contest case hearing was held and in early two thousand and thirteen the commission ruled that whole new a little partners was in violation of its order i will which has to this day not been rectified i suggest that this condition can be acceptable to this body if it were to eliminate reference to the industrial park require the units to be built in lasik seventieth's itself secondly i suggest that this condition can be improved and acceptable to this body if you were to condition it upon the developer first obtaining a community plan amendment and approval of the state land use commission thank you very much how many times you showed up in front of this body in support of something that your name three minutes and good morning my name is terry sure i live it six twenty cumani which is on the border of this property and i have sent you a little letter here to know how many of the affordable homes we know that more than likely they'll be built first so where will they be built will they be built to our border or will they be at the southern end if they're built by our border we're concerned about the noise in the dirt and everything that happens when a building project begins where is the staging area what is the lighting what time of day will they start  when the the actual building is done in the workers and how is that going to impact us with the hundred homes you can imagine there's at least two hundred fifty three hundred people that will be impacted by th so my concerns are will impact the community adjacent to the land how much noise traffic will the initial bill create and if they're placed in the north end of the project  how will that really create any kind of peace for us while there while they're building it suggested that's the word about housing be it the most southern point and build started that and that it will take a while for us all to be able to integrate what's happening in our neighborhood and it won't impact  built they huge trucks would go by our houses and at high rates of speed but over over and over and over all day long from early morning to late at night many of my neighbors i lost a cat other neighbors lost their pets and it was unusual traffic and so we do not want that to happen in our neighborhood again is that when they built this project and also they have their own neighbor something has to be done to remediate the noise from that well they either have to have some kind of so i have a other things here  ok the gulf between us they've already put their markers and i've observed through the years i live there are twenty i bought my home twenty three years ago i've observed that gulch like a raging river with rocks going up in the air and i'm concerned that if they remediate that in some way that the water flow will come toward as and not away from us thank you thank you it's a question environment and a vibrant economy for respecting our diverse cultures you can learn more or go now as testifying in support of item two on your agenda this morning call condition number five a request to provide flexibility as location of affordable housing associated with the former wiley a six seventy project the petitioner has recommitted to building two hundred fifty affordable housing units with one hundred twenty five units being ownership units and one hundred twenty five being rentals it should be noted that the affordable units must be built and occupied before the sale of any market price this request accommodates the reality on the ground and  as allowed under the light industrial zone and designation of the property i believe this is a reasonable request and does not relieve the developer of their affordable housing responsibilities in that area and having the house of my own is very important to me especially because i have also when my parents were my grandparents they bought multiple houses for our family housing for less fortunate elderly because the wages here very low for example my grandmother is fifty eight years old working for the full time forty hours a week making only ten dollars per hour meanwhile sharing a house with our you for your time thank you any questions thank you very much that's all the register testifiers we have anyone else would like to testify please come forward and you'll have three m before and that's certainly not what we want we don't want for two hundred fifty units in the north area we would rather have all two hundred fifty units in adjacent why lay away the rest of the project we're certainly one holmes but we feel if we don't like the elitist kind of concept we're ok the better off the richer people can have their homes here in a better area the lesser people the working people have to have theirs stuck up in a light and street area so that's what we're looking for and it's not to say you know to this go back to the original it's maybe to denver then this is offering rather than saying ok we can put some of them down there we would rather have all of the two hundred fifty homes in that area and leave this other area for maybe more housing that's that's  where we're coming from so i hope you had a chance to read a written test the one you know you guys get tons and tons of material to read i think if you read through what we said i think it's pretty clear where we're coming from so what actions do you have i'm not quite sure you don't have the trust you have five you have to have agreement can use can you do that can you say we want to go further than that we want them all down there is an option it includes correct correct so it seems as though the developers are saying i want to be able to build within the project and potentially someplace else and it's the people that live in y layer that are saying they don't want housing probably back in two thousand and five and was kind of excited well maybe there's opportunity to actually own my own house i've been trying to get into some affordable housing other projects and it is not easy and i have to have help so i have to get family members and back to trying to qualify for a portable housing and qualify well then i heard about the affordable rentals on this project and i thought wow that's even better because a lot of my friends who i'm a little bit new to this game in terms of this project and just recently become interested but i heard a number of very emotional pleas in terms of affordable housing and providing that and i think that's absolutely interested this county  serve i just didn't ever hear any explanation from the petitioner in terms of why that housing should be at the alternative site or part of it rather than the original site that they read to originally and especially when some of the complaints in terms of affordable housing is to get closer to the work site and  which this alternate site really doesn't accomplish at all i haven't heard any explanation from the petitioner that i can find justifying why this change this amendment should take place and other than the fact that if you don't agree to it this could be crippling to their project i don't know if that's what you're and that's something they can live with now questions about the impact that this might have on the residents of the mountain meadows  heard very sound question being asked in terms of what kind of impact this is going to have on the residents along that street which i will be one of them  i understand what kind of planning have they done to ensure that noise construction  the relationship the project has with molly meadows the zoning approval for the project requires a minimum one hundred foot buffer between the boundary value meadows and any development in the maui meadows and real property line of any units in the project with respect to the view issue i can tell you that there was a lot of discussion the settlement agreement about that we have agreed that i'm and i'm trying to recollect what the settlement agreement says but we restricted units that would be the closest to maui meadows to one story or a maximum three foot height which is what the single family district allows today at the lower end of the boundary with those for the project it flattens out we have also restricted that area so there will be no multifamily units and by that i mean multi story it will be restricted to single family duplex single family duplex type lex type of product with a maximum height of thirty feet as well so the idea here is to ease the transition urban but do that transition with a very large buffer and an ease of density residential density into the project and i might add that the hundred four hundred sixty foot buffer is the widest i ever recall want to look at it if you like i don't think you won't show it is a boundary with respect to the drainage ways all of the drainage ways in the project especially those that are closest and i mean metals will be preserved where they are as is and it is our job to install and create the detention and detention facilities that would make it so that there isn't any additional romp off the property post development  the recent engineering study calls for a total of twenty five or twenty seven new basins on the property to deal with the additional runoff so that that has been addressed  somali they needed the water for dust control purposes and construction purposes in the end for the windmills and for the road to deliver those huge facilities the somali those wells were used intermittently they're no longer being used they're not even being pumped because there's no activity on the project we have wells northam out we meadows about a thousand feet that are part of a well system and i can assure the residents of how we its location back at the map that was on the screen obviously you can't build affordable housing on land that has too much of a slope it's just financially impractical the affordable housing will be and a few minutes ago none of that product in terms of multi story product will be closed tomorrow and certainly it will be outside of the hundred sixteen foot by foot and it will all be in i would say the northern section of the property close to the highway for use accessibility and close to the commercial uses in the project that component of the affordable housing with respect to this issue about what i just do what i'm supposed to do i want to do what i'm supposed to do by condition the county council gave me a condition to build two hundred fifty offsite affordable units i think because they recognize we have untitled land we can build it and get it built early if you want to forgive the housing bill and i think we all do you want to build sooner than later i think we would all agree with that as well we also want to build as cost effectively as possible building on the north key is what i want to do i also have to build affordable housing on the project my appeal to you and the revisions for this condition is what i need some flexibility if i cannot make my way through the state and i just commission i am not successful i still have the requirement i'm going to build the two hundred fifty units up front first before anything else is built before i can occupy any markedly units in the project so my commitment is still there i was told to do this i will do it i just need some flexibility break thank you for the planning commission is now back in session madam chair i was hoping you could indulge me for a little bit i wanted to talk process a little bit and i i probably should have done this before we started you remember when you had your training we talked about all the different types of permits that we process in the planning department and one of them was a change in zone and we talked about how a developer  have just any anybody that has a piece of property that wants to do something on their property but the zoning is not consistent with the community plan and they need to change their zoning to match the community plan was a file  change change of zoning application it comes to the planning commission you make a recommend you hold a public hearing you make a recommendation to the county council and the county council is the already to act on the change in zoning application what we don't cover in our training is that because mostly mostly what you see is what i just said what you normally do not see is what is happening right here where a project has gone through the entire process gone through the county council received a zoning change and have from one to thirty conditions and if someone wants to a one to any part one one word in one of the conditions the law does not allow them a separate process other than the full blown change in zoning process so that's what's happening today to be able to change the wording in one of the thirty conditions they have to go through the same process and that's why they file an application particular application to change anyway a very very long time that application has basically because it's a challenge to the environmental document and so at some point as i understand from the settlement agreement there is a somewhat different plan as a result of the settlement agreement that will be formally submitted and we will come to you with the project commissioner is that we have to read a lot of documents i spend anywhere from ten to twenty hours a week reading the documents just to make sure that the information is appropriate for us to react on that the part that concerns me is that we spend all this time we act on it we make a recommendation to the county council especially when the  comes to like seven to two in favor of permitting the permit and they goes to the county council and they don't even act on it now to me that's a slap on the face we spen all this time as volunteers and yet it turns out were all this time is basically wasted now i think there's something wrong with this photo process because even the applicants they spent thousands of dollars trying to get their application approved and we are responsible to make sure that i think the audience says a very clearly and that is we all need affordable housing however nobody wants is in their backyard they wanted someplace else but i think it's our job to make sure that our young people and older people are taken care of because it is one of the highest cost of living and there's no way that they'll be able to afford it unless we start to address th take a second look at what's happening and i think today's issue is a good issue about affordable housing everybody in ma we know that we need for  where there is peace or justification for the things that we are doing is following tears and i and i don't know whether you would be able to answer that uses special management area permits that's the most of anybody in the county on those kinds of permits you can add conditions you can do whatever i mean that's a huge amount of authority and a huge amount of if you want to put it that way the other the other by charter and by law you only make recommendations on things like changes and zoning for conditional and that's as it should be because you are not a not this is not the legislative body only the county council makes laws then to be signed by the mayor into but you review it and make recommendations in that i think that's the only proper with you know every time we get an application come in for a permit i know you've spent a lot of time and money trying to get this thing approved yes one of the things that always come up with the commission is the primary access route to and from the project it is in our interest to reduce the traffic to the extent possible the project area's largest six hundred seventy acres at present something on the order of over two hundred acres will be in open space a native plant preservation area the bulk of that will be improved to some degree roadways builder parcels subdivisions those kinds of things one of the conditions in the project was that we had to do a transportation management plan for not only six seven but also the off site affordable housing project we did both those have been reviewed by with regard to hours of work keeping the heavy trucks as much as possible off the highways not going through a maori motos not going through our resort to the extent possible that's our commitment we have a huge resource on property in terms of  construction material that will be crushed on property we can then reduce the traffic on the highway that way so we're going to do whatever we can to reduce the cost back in the noise and thank you i have a question three five ten zero five zero of the mommy county code the proposed request meet the criteria for a change in zoning as listed in items one through five on page two of your recommendation the planning department recommends that the if it's on the record the department notes that all other conditions contained in ordinance number three five five four shall remain in effect and just for your information that ordinance three five five four with the thirty build fourteen thousand homes twenty five and we got people that are going to sue over lawyer ask things in the code that they find and they say ok i'm going to sue this and then i'm going to condition things over and above what the county or the state can even do because i don't like it the way that it is it's like we need to build homes for families and i'm sorry i'm on my soapbox right now and i am upset just like the whole point of saying thank you very much thank you thank  five hundred feet so exhibit five of the staff report illustrates the existing after each is within five hundred feet of the subject property there are three that are currently permitted as well as another one that's under review and going through the application process for pending and pending seventeen that initial permit was granted in july of two thousand and thirteen they successfully renewed it in july of two thousand and fourteen unfortunately they inadvertently allowed it to expire july of two thousand sixteen and a anonymous request for service was filed because somebody saw advertising for a nest year each that was no longer permitted so the voting division did issue a notice of warning regarding an permitted advertisement and so in order to resolve the r f s and resolve the end o w the applicant is now coming forward and getting the permits and that would be resolved by obtaining the permit if the if the commission well as for accompanying me bathrooms kitchen area dining area there's a living room area both on the first floor and the second floor as well as a laundry room area and then an outdoor lanai area with  barbecue and a hot tub kind of a spa area here is the five hundred foot radius so the subject property is the darker gray with the pink triangle kind of across the street you see another disturbances or reports filed with the police department and during the time of the aesir each was permitted there were no complaints or any any kind of issues i'm a bit concerned or anything filed with the county again the open r f s will be resolved in closed if  aesir each permit is granted today and then one letter of public testimony was received after the drafting of the staff report which i handed out before we began so we should all have a copy of that and that concludes the presentation i do believe that the had prepared something because i get nervous at times like this thank you for giving me the opportunity to present to you as i believe you just said my wife was among the first to apply for a short term rental permit when they e the reason i missed the deadline last year and it is ultimately just miscues and it is what it is simply because as a priest in a hospice chaplain which is what i do for a living i you thank you commissioners for allowing the public testimony here and to the ten i'm sorry i haven't had a chance to reach out to the applicant to discuss the plans that are in place i only found out this is on the agenda yesterday typically i don't support short term rentals but i do realize that in instances where we're talking about luxury homes on ocean front property that it's not always compatible to be workforce healthy and i do understand that the applicant does have a tenant in on his property who is part of the workforce and i do thank  sorry the reason why i am testifying is that the applicant's property has been identified as one of the properties of several properties that would be included in a public transit court order for the mechanicals and we are working property by property located locating and contacting and discussing this master plan with all of the concerned property owners and we just haven't gotten to your posts yet so we haven't had a chance to discuss this with them but i would like to say that i am in support of s t r in cases like this where you can provide housing for workforce and provide housing or provide accommodation for short term rentals in this case i would like to ask the commission to condition the property if you are favorable to approval that they participate in the project that we have ongoing and that they would consider accepting a public transit corridor fronting their property as part of this plan there are efforts in place to provide increased public access to the well known for traditional and recreational uses and i have also included h r s one one five and there are many references in the maui island plan and the west maui community plan support regulation and protection for cultural and historic sites as well as the acquisition of land for public right of way and public transit borders you will notice from the map here that the project area encompasses the entire bay on the ground on the portion where there is a private property homeowner's on the south side that is not marked by the public transit corridor line but it is part of the project area into any questions from the sushi learned so the condition you're talking about participate what's the definition of participate i mean well since this project is just the infancy stage we haven't been able to identify what the total cost of land acquisition for that area will be we are trying to broach the individual landowners to negotiate those terms individually before we move on to something like condemnation proceedings so we don't have that cost specifically laid out but a public transit court or is proposed to be say ocean front of their property so my condition if it was up to me would be that the homeowner or the property owner would allow the public transit corridor or to be six public testimony and we will take questions from the commissioners mr kind of sally property rented until you were notified that you were in violation no the first that we as i mentioned in my presentation we only rent occasionally just together nothing comes to cover  the application complies with the applicable standards for a short term rental home permit and as such the department recommends approval subject to the twenty two standard conditions we are on the substance of the action minutes of the september twenty sixth twenty seventeen minutes and the regular minutes of january twenty four twenty seven permit for a two year time extension for forty six subdivision and in commissioners before you start discussion on this wish to disclose the once upon a time i represented a land owner to a person who owned this property at one time and we obtained the estimate from it subsequently sold the property a different permit was obtained but just so i morning cher commissioners my name is jim bianco planner with the planning department this is a request to waive your review so that the planning department can review it for an extension there is a packet that was handed out to you on the state subdivision this is a project that  i have history with to and i became a planner almost ten years ago it is it is a vacant fourteen acre lot along the line a highway if you're going down  background there are in the packet there are some site map google maps of the intensity is forty eight acres of improved lots selling the lots only  what has happened is the permit was the s m one major permit was issued in november thirteenth two thousand and eight with quite a few conditions and it includes an improvement for the north south collector road there is part of it some good drainage containing all the drainage on the parcel and what happened was the hedge fund company that had owned it before the from l a not that there's anything wrong with a hedge fund company from l a but the downturn caused them to go bankrupt and so they sold it to the original owner health care banks who is not their best carpenter who is a consultant for him is here if you do have any questions about it and he has this was just the fourth time extension he is working with housing and human concerns to grant at least twenty five percent or twelve a lot says workforce housing here it is lots o nly only what the permit is for so if they do want to do housing on it or any changes it would have to come back as a major amendment right now it is just a request for a two year time my name is michael traill and i'm a resident of hell a place and i wish to comment on the estimated two year time extension for alyea state subdivision this is a very good example of an old cape project being considered for a development in absolutely the worst location i would respectfully request that this is seizure and recommendation making body do a site inspection of this project area as it exists today before going forward with this project a two year time extension is ok for now however i think that disapproval of this project should be the goal as it pertains to this project the key a strange canal has not had any improvements since i have been a resident in this area i have owned here since one nine hundred sixty nine my neighbors and i have survived several heavy storm and flooding events during these many years how many more of these events will inadequate drainage does survive is a big question for many of us the three roadways that will be adversely affected by this project a road place and our helli place is another large concern for this neighborhood all three are extremely substandard roadways with no curbing or sidewalks to be able to walk in safety adding additional vehicle traffic in this area will be a major problem for the residents that live here i cannot emphasize enough that a thorough site inspection be conducted to truly understand the impact this development will have on this area i thank you for allowing me to provide testimony on this item today  thanks mike so are you also suggesting then that we do not waive our review and actually review the s m a permit again i think this project needs to be reviewed thoroughly and i really think if all of us commissioners and the people that make decisions their recommendations would go there today and just walk the area and see what they're planning to do and how it's going to impact specially the drainage specially the drainage i understand that we maybe should never have been allowed to build our homes in a flood plain but c'mon fifty years ago they should have had made that decision but they didn't so we live there and we've suffered through these floods and added this is an area open area fourteen acres where the floodwater through the project that's going to add more runoff so i don't know i haven't seen anything in the plan to really retain this why it has to be we've had these projects on the island you know we've had big  but since this was filed you feel as the drains in the runoff as changes that was really my concern when i was going through here i don't typically want to do what i trust my previous commissioners the one thing that does concern me is a change in runoff and flood as to when this was originally done and do we need to readdress you had has been since this happened i testified and interesting today we saw  and she was with this department in the department planning at that time and we as neighbors went and we did pictures we did a whole packet and we submitted it to her at that time she was a one of the planners of one of the many ways she was with the department at that time and we submitted that this was right after the after heavy rain event and the impact on that road and all that was submitted and then they built and that added to farther it looks like small development hundred twelve units affordable housing holiday which i think is built out which is still north of the project which is i do not believe in the same drainage basin mike the test fire did state in there the drainage report is contained and it the the runoff for a fifty year one fifty year one hour storm is nine point seven zero cubic feet per second additional drainage from this project will be is eighteen point five five cubic feet per second and there are catch basins and retention basins on the project site that will capture all the drainage the one point seven zero the drainage now plus the eighteen point five five drainage so there will be for a fifty year one hour storm there will be it will capture all of the drainage not to say that there can't be a bigger storm but those are the development standards there is a public works letter in here that states that all of the highway to potentially build water retention basins for the cattle up there that would also capture more runoff coming down into the problems are down to get down towards the road and farther south towards the shoreline from here so the applicant has taken drainage very seriously  a improved or increased flood base flood elevation standards there so there are improved maps and we have we have all the information and the project right now is meeting the standards and will continue to meet the standards and hopefully be able to work with holly awful ranch over this next two years to intercept some of the water to at least retain it slowed down as it comes down for major major storms coming off of the mountainside  i have a question for the ask yes yes let me let me ask question i have a question for the applicant one moment consulting good morning what are your what are the construction plans for this parcel how soon were you planning to start construction we have to go through a little bit more engineering processes and in terms of construction we'd like to start as soon as possible and to alleviate some of the housing needs in the area that we're understanding in terms of an architect engineers everybody's already ready to go and i build as i've been a general contractor and we are very much looking forward to doing things that are innovative like bamboo houses in elevated foundations and what not to so yes correct so what what we're talking about is just the approval for the two year extension approval to waive the we're asking that to do a site visit to then make the decision after the site that we have to not a waiver right maybe this is for pork council or do we have to say no we don't want to waive a right to review and that is the review  i believe you can deferred action on anything which are being asked to get actually for a would be one possibility that's open to you if you're not sure how you want to vote as far as waive that right and you could always it they are a little bigger maybe a little greener this year not much changes approving the proposal that's made by planner and then when they come back to do their proposal developing this area then we can act on that and say ok you everybody more comfortable improvements and complete drainage on site and they will be sold at market value except the owner is working with housing in human concerns to convert twelve of the lot at least twelve a lot at least twenty five percent of them to work for housing these are larger lot seventy five hundred square feet over ten thousand square feet  normal subdivision it will improve the north south collector road to two road i believe is the name of the road there and so it will housing and that's it and it was approved it had an environmental assessment that was done with this because of the north south collector road in two thousand and seven two thousand and eight and then went through the as someone process so it was a it's a good project and most of the concerns are are are being met and the drainage potentially can dish only be improved through wholly off the ranch with the with the owner on the table is to waive review or to review it by the commission keep people safe and we're trying to be very green and conscious and questioning and i'm getting confused because i don't understand legalities at my age because i'm more in like the building world six of one half dozen the other but on behalf of the applicant and the planning department we are we are perfectly willing to take you on site to a site does it have to i think the only contingency is working with the owner to get the proper people out there who you may know the civil engineers on the drainage report is local we can probably get him on site so i think within sixty days we who may be sitting over there i don't know at the suggestion of any member who may be here who wants to make that motion but that would be the recantation he would entertain that so do i hear a motion to there is there's a maximum but there is no minimum you can do to sally so my motion is to have myself in commissioner hudson and anyone else that and then vintage rentals requesting a community plan amendments in the single from single family residential to business marshall and a change in zone ing from r one residential an amendment to state land use commission's special permit this is an amendment to the permit where this commission is citing body unfinished business  if you recall the the county entered into a settlement agreement with the associate association of apartment owners and you had questions about that settlement agreement and what was