2014-04-03 Windward Planning Commission Minutes

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The Commission took this item up at 10:42 a.m. with 15 people from the public in attendance. (SEE EXHIBIT E) This item ended at 10:51 a.m. INITIATOR: PLANNING DIRECTOR Regarding non-compliance with Condition No. 8 and to assess compliance with other conditions of Use Permit No. 12-000034 that allowed the establishment of a 100-bed skilled nursing and rehabilitation center and related uses on 17.61 acres of land situated within the Single-Family Residential (RS-15 and RS-10) zoning districts. Condition No. 8 prohibited construction of vertical project components until improvements to Kaūmana Drive were completed. The properties are located on the east (makai) side of Kaūmana Drive between ‘Aipuni Street and Luana Way, Ponahawai, South Hilo, Hawai‘i, TMK’s: 2-5-006:012, 2-5-007:001, 008, 046 and 047. APPLICANT: REGENCY SOUTH, INC. (Amend USE 12-034) Amendment to Use Permit No. 12-000034, which allowed the establishment of a 100-bed skilled nursing and rehabilitation center and related uses on 17.61 acres of land situated within the Single-Family Residential (RS-15 and RS-10) zoning districts. Condition No. 8 required improvements to Kaūmana Drive be completed prior to the start of construction of the vertical component of any structures on the property. The amendment is to modify Condition No. 8 to allow construction of on-site vertical project components at the same time as improvements to Kaūmana Drive. The properties are located on the east (makai) side of Kaūmana Drive between ‘Aipuni Street and Luana Way, Ponahawai, South Hilo, Hawai‘i, TMK’s: 2-5-006:012, 2-5- 007:001, 008, 046 and 047. The Commission heard Item No. 6 (Planning Director Initiated regarding non-compliance with Condition No. 8 and to assess compliance with other conditions of USE 12-000034) and Item No. 7 (Regency South, Inc. (Amend USE 12-000034) together. The Commission took this item up at 10:51 a.m. with 20 people from the public in attendance. (SEE EXHIBIT F) Chairman Gonzales called a recess at 11:28 a.m., and the meeting was reconvened at 11:33 a.m. At 12:12 p.m., it was moved by Commissioner Henkel and seconded by Commissioner Ishibashi that the Commission go into executive session to consult with its attorney regarding questions and issues pertaining to the Commission’s powers, duties, privileges, immunities, and liabilities, pursuant to Hawai‘i Revised Statutes Section 92-5. A voice vote was taken of all Commissioners present, and motion carried with seven aye votes. At 12:16 p.m. the Commission went into executive session. At 12:33 p.m., it was moved by Commissioner Henkel and seconded by Commissioner Miyasato that the Commission go out of Page 3 of 5 Windward Planning Commission April 3, 2014 Minutes