HLU-18 Bill 80 (2023 BILL 80 (2023), RELATING TO GRANTING CAROLEE HIGASHINO A CONDITIONAL PERMIT TO OPERATE SMALL SCALE SPECIAL EVENTS WITHIN THE COUNTY R-3 RESIDENTIAL DISTRICT (HLU-18)
I am in complete support of Carolee obtaining her special event permit for the White Orchid Beach House. Maui needs event spaces and the wedding industry employs thousands of Maui Residents. Now more than ever, Maui needs economic recovery and the wedding and event industry will provide substantial monetary support.
The Honorable Tasha Kama, Chair Housing and Land Use Committee Maui County Council 200 S. High St. Kalana O Maui Building Wailuku, HI 96793
Dear Chair Kama and Members of the Housing and Land Use Committee,
I am writing to you as the owner of Rio Event Design and Sperry Tent Hawaii, a company deeply rooted in the event industry of Maui. Our business specializes in renting furniture, tents, and lighting for various events, playing a vital role in the staging of memorable occasions across the island.
Firstly, I would like to express my profound empathy for the community of Maui following the tragic fires earlier this year. The loss and devastation faced by the people of Maui have been heart-wrenching, and as we collectively embark on the path to recovery, I am compelled to share the challenges faced by our business and employees in these trying times.
The reduction in event activities, primarily due to the unavailability of key venues, has significantly impacted our business. This downturn has forced us to incur debts to maintain our operations and, regrettably, led to the layoff of a valued employee. This decision was not made lightly, as we support ten family households, making each role within our company crucial not only to our business but to the families they sustain.
Historically, venues like White Orchid Wedding have been instrumental in our business operations, hosting numerous events that have been pivotal to our success. The absence of such venues has left us with limited options to host our events, which in turn hinders our ability to contribute to Maui's economic activity and the vibrancy of its community life.
In light of these challenges, I wholeheartedly support the passage of Bill 80, which seeks to grant a conditional permit for the operation of venues like White Orchid Wedding. The approval of this bill is not just a matter of business necessity for us; it is a beacon of hope for a return to normalcy, enabling us to continue contributing to the community and economic recovery of Maui.
Your support for this bill would be a significant step towards revitalizing the events industry on Maui, which in turn benefits a wide range of stakeholders, including local businesses like ours, our employees, and the community at large.
Thank you for your time and consideration of this matter. We are committed to working within the legal framework and look forward to a positive resolution that supports the recovery and growth of Maui's vibrant community.
With Kindest Regards,
Rodrigo Botta Owner, Rio Event Design and Sperry Tent Hawaii
My client Lorien Makena LLC respectfully requests that you oppose Bill 80 and not recommend approval by the Council. Before you vote, we ask that you please consider the information provided in the attached testimony, briefly summarized below.
• Denial by the County Council will not hurt the applicant’s business, her staff, or the applicant’s vendors, or limit wedding venue options for locals. (See attached other wedding venues advertised on Applicant's website; also review Applicant's own testimony to the Planning Commission confirming the same).
• If the wedding events location is approved, Applicant will be given an unfair advantage over other commercial events organizers who are forced to lease or own wedding event venues in commercial districts. This is one of the problems with "spot zoning" being proposed here (see further below)
• The Maui Planning Commission is recommending an intensive commercial use in rural Makena with marginal roads and infrastructure already significantly impacted by tourist and other traffic.
• Considering the recent Lahaina town tragedy, it is worth noting at the outset that the Maui Fire Department did not provide comments to the Planning Commission on this commercial use that will result in up to 49 persons on the subject property at any given time, even though Makena road is extremely narrow, and there is no viable alternative escape route in the event people need to flee a wildfire. What happens to the people attending these events if they have to evacuate and there is no shuttle to pick them up?
The proposed Conditional Permit, if approved by the County Council, would set a dangerous precedent of permitting “spot zoning” for a private interest in Maui County – an arbitrary practice, which is widely regarded as “the very antithesis of planned zoning.” “’Spot Zoning’ is not usually favorably regarded, because, in too many instances, such practice has been employed in order to aid "some one owner or parcel" or "some one small area", rather than being enacted for the general welfare, safety, health and well-being of the entire community[.] Metzenbaum, Law of Zoning (2d ed.) chapter X-m-(5) (emphasis added).
• As shown in the attached, 120 commercial events of up to 49 people per event at the proposed shoreline property in Makena are incompatible with:
o the Kihei-Makena Community Plan;
o the State Rural designation;
o the R-3 Residential Zoning; and,
o are not within the realm of the limited commercial uses entitled to a Conditional Permit under MCC Chapter 19.40.
• These 120 commercial events, according to Applicant's own testimony provided to the Planning Commission, require a good portion of a day for set up and a good portion of a day for breakdown. Therefore, Applicant is proposing potentially commercial activity throughout every day of the year.
Please see more detailed analysis in the attached documents for you and your staff. Thank you for your consideration and review of the attached testimony.
Dear Alice L. Lee, Chair and members of the Maui County Council
We strongly oppose proposed bill 80.
We are full time Maui residents who live about 1/4 mile South of the proposed commercial wedding/filmmaking/photography venue property. We bike, walk and drive past it many times a week at various times of day from 5 a.m. to 11 p.m. We know from experience that this property is located on the most dangerous corner on Makena Rd. The road is wide enough for just one car at a time. In addition, there is both a blind turn and a hill with no sight distance. There is nowhere to turn around and nowhere to drop people off without endangering them and the other cars, pedestrians and bikes on the road. The road already has more traffic than it can handle. Most of the drivers are tourists who do not know how best to navigate this area. In the last 5 years we have been in three near miss accidents on this corner while riding bikes and one while pedestrians due to cars taking this corner and this hill without due care.
There are other safety issues. It takes more than 20 minutes to have an ambulance or fire vehicle at this site. Police may be closer but they rarely patrol this area. If there is an emergency requiring evacuation of the area, having a large number of people at this site will make the road impassible. It is the only egress from La Perouse Bay and this neighborhood. Wild fires, mudslides, downed trees, tsunamis and even high surf can cause the road to go out. We want to be able to evacuate when there is a fire or tsunami warning. We don't want to have to run into the ocean to save ourselves like people did in Lahaina during the fire.
We also want to preserve the residential character of our neighborhood. We want what peace and quiet it affords to continue. Filmmaking and weddings are loud and bright. They put stress on people and wildlife. We believe that were any events to be held at night that the property would be in violation of the lighting ordinance (Maui County bill 21) recently passed in the interests of preventing harm to birds and turtles. Already this property owner has shown little regard for this ordinance. Their motion detecting lights blind oncoming traffic in both directions. They are not shielded from the sky and are very bright flood lights. This is especially worrisome since the property is 1/4 mile from the Āhihi-Kīna'u Natural Area Reserve. Sound is an issue for wildlife as well as for the human beings who live here.
We understand that increasing employment on the island and the tax revenue generated by this property may be seen as a benefit, but this company can easily operate in parts of Maui already zoned for commercial use. They do not need to come into a small residential neighborhood and disrupt our lives. Homes in this area already generate a large amount of property taxes for the county.
I am in complete support of Carolee obtaining her special event permit for the White Orchid Beach House. Maui needs event spaces and the wedding industry employs thousands of Maui Residents. Now more than ever, Maui needs economic recovery and the wedding and event industry will provide substantial monetary support.
Thank you for scheduling the White Orchid Wedding before the HLU Committee,
Attached is an PDF containing 48 letters of support from the community and a PDF with updates from the Applicant.
Mahalo,
Robb Cole, Planner
The Honorable Tasha Kama, Chair Housing and Land Use Committee Maui County Council 200 S. High St. Kalana O Maui Building Wailuku, HI 96793
Dear Chair Kama and Members of the Housing and Land Use Committee,
I am writing to you as the owner of Rio Event Design and Sperry Tent Hawaii, a company deeply rooted in the event industry of Maui. Our business specializes in renting furniture, tents, and lighting for various events, playing a vital role in the staging of memorable occasions across the island.
Firstly, I would like to express my profound empathy for the community of Maui following the tragic fires earlier this year. The loss and devastation faced by the people of Maui have been heart-wrenching, and as we collectively embark on the path to recovery, I am compelled to share the challenges faced by our business and employees in these trying times.
The reduction in event activities, primarily due to the unavailability of key venues, has significantly impacted our business. This downturn has forced us to incur debts to maintain our operations and, regrettably, led to the layoff of a valued employee. This decision was not made lightly, as we support ten family households, making each role within our company crucial not only to our business but to the families they sustain.
Historically, venues like White Orchid Wedding have been instrumental in our business operations, hosting numerous events that have been pivotal to our success. The absence of such venues has left us with limited options to host our events, which in turn hinders our ability to contribute to Maui's economic activity and the vibrancy of its community life.
In light of these challenges, I wholeheartedly support the passage of Bill 80, which seeks to grant a conditional permit for the operation of venues like White Orchid Wedding. The approval of this bill is not just a matter of business necessity for us; it is a beacon of hope for a return to normalcy, enabling us to continue contributing to the community and economic recovery of Maui.
Your support for this bill would be a significant step towards revitalizing the events industry on Maui, which in turn benefits a wide range of stakeholders, including local businesses like ours, our employees, and the community at large.
Thank you for your time and consideration of this matter. We are committed to working within the legal framework and look forward to a positive resolution that supports the recovery and growth of Maui's vibrant community.
With Kindest Regards,
Rodrigo Botta Owner, Rio Event Design and Sperry Tent Hawaii
Aloha Comittee Chair Kama and Committee Members,
My client Lorien Makena LLC respectfully requests that you oppose Bill 80 and not recommend approval by the Council. Before you vote, we ask that you please consider the information provided in the attached testimony, briefly summarized below.
• Denial by the County Council will not hurt the applicant’s business, her staff, or the applicant’s vendors, or limit wedding venue options for locals. (See attached other wedding venues advertised on Applicant's website; also review Applicant's own testimony to the Planning Commission confirming the same).
• If the wedding events location is approved, Applicant will be given an unfair advantage over other commercial events organizers who are forced to lease or own wedding event venues in commercial districts. This is one of the problems with "spot zoning" being proposed here (see further below)
• The Maui Planning Commission is recommending an intensive commercial use in rural Makena with marginal roads and infrastructure already significantly impacted by tourist and other traffic.
• Considering the recent Lahaina town tragedy, it is worth noting at the outset that the Maui Fire Department did not provide comments to the Planning Commission on this commercial use that will result in up to 49 persons on the subject property at any given time, even though Makena road is extremely narrow, and there is no viable alternative escape route in the event people need to flee a wildfire. What happens to the people attending these events if they have to evacuate and there is no shuttle to pick them up?
The proposed Conditional Permit, if approved by the County Council, would set a dangerous precedent of permitting “spot zoning” for a private interest in Maui County – an arbitrary practice, which is widely regarded as “the very antithesis of planned zoning.” “’Spot Zoning’ is not usually favorably regarded, because, in too many instances, such practice has been employed in order to aid "some one owner or parcel" or "some one small area", rather than being enacted for the general welfare, safety, health and well-being of the entire community[.] Metzenbaum, Law of Zoning (2d ed.) chapter X-m-(5) (emphasis added).
• As shown in the attached, 120 commercial events of up to 49 people per event at the proposed shoreline property in Makena are incompatible with:
o the Kihei-Makena Community Plan;
o the State Rural designation;
o the R-3 Residential Zoning; and,
o are not within the realm of the limited commercial uses entitled to a Conditional Permit under MCC Chapter 19.40.
• These 120 commercial events, according to Applicant's own testimony provided to the Planning Commission, require a good portion of a day for set up and a good portion of a day for breakdown. Therefore, Applicant is proposing potentially commercial activity throughout every day of the year.
Please see more detailed analysis in the attached documents for you and your staff. Thank you for your consideration and review of the attached testimony.
Aloha,
Tom Pierce Attorney at Law LLLC
Dear Alice L. Lee, Chair and members of the Maui County Council
We strongly oppose proposed bill 80.
We are full time Maui residents who live about 1/4 mile South of the proposed commercial wedding/filmmaking/photography venue property. We bike, walk and drive past it many times a week at various times of day from 5 a.m. to 11 p.m. We know from experience that this property is located on the most dangerous corner on Makena Rd. The road is wide enough for just one car at a time. In addition, there is both a blind turn and a hill with no sight distance. There is nowhere to turn around and nowhere to drop people off without endangering them and the other cars, pedestrians and bikes on the road. The road already has more traffic than it can handle. Most of the drivers are tourists who do not know how best to navigate this area. In the last 5 years we have been in three near miss accidents on this corner while riding bikes and one while pedestrians due to cars taking this corner and this hill without due care.
There are other safety issues. It takes more than 20 minutes to have an ambulance or fire vehicle at this site. Police may be closer but they rarely patrol this area. If there is an emergency requiring evacuation of the area, having a large number of people at this site will make the road impassible. It is the only egress from La Perouse Bay and this neighborhood. Wild fires, mudslides, downed trees, tsunamis and even high surf can cause the road to go out. We want to be able to evacuate when there is a fire or tsunami warning. We don't want to have to run into the ocean to save ourselves like people did in Lahaina during the fire.
We also want to preserve the residential character of our neighborhood. We want what peace and quiet it affords to continue. Filmmaking and weddings are loud and bright. They put stress on people and wildlife. We believe that were any events to be held at night that the property would be in violation of the lighting ordinance (Maui County bill 21) recently passed in the interests of preventing harm to birds and turtles. Already this property owner has shown little regard for this ordinance. Their motion detecting lights blind oncoming traffic in both directions. They are not shielded from the sky and are very bright flood lights. This is especially worrisome since the property is 1/4 mile from the Āhihi-Kīna'u Natural Area Reserve. Sound is an issue for wildlife as well as for the human beings who live here.
We understand that increasing employment on the island and the tax revenue generated by this property may be seen as a benefit, but this company can easily operate in parts of Maui already zoned for commercial use. They do not need to come into a small residential neighborhood and disrupt our lives. Homes in this area already generate a large amount of property taxes for the county.
Thank you for you consideration.
Please see the attached PDF in support of Bill 80 on behalf of the American Rental Association and it's Maui members.