2014-04-03HEARINGTRANSCRIPT-PD INITIATED USE 12-034 & AMEND USE 12-034

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GONZALES: All right. New business, Item No. 6, Planning Director initiated. Ms. Cottle. COTTLE: Thank you, Mr. Chair. If it’s all right with the Planning Commission, staff would like to do a combined presentation of Items 6 and 7 since they are directly related to each other, and then when the Commission votes, if they could take the motions separately. GONZALES: Any objections from the Commissioners? HEAUKULANI: No. COTTLE: Thank you. Okay, so the first item, Item 6 is a Planning Director initiated action asking the Commission to assess condition compliance of Use Permit 12-34. This permit was issued in 2012 to Regency South, Inc. The property is located in the South Hilo District up in the Kaūmana area of Hilo. You can see the property outlined in red. And just to orient the Commission, we have the Mohouli Street Extension and Ainako Avenue crossing the top of the slide, and then Kaūmana Drive heading up towards the Saddle Road crossing in the opposite direction here. So the property is located just makai of Kaūmana Drive. And I think a lot of the Commissioners that are still here voted on this application in 2012 so I may be repeating a lot of information you’ve already heard. The zoning of the property is Single Family Residential – 15,000 square feet, as well as 10,000 square feet, so it’s a split zoned lot. So, the reason for this action is that on February 28 of this year, the Planning Department received a complaint. The complaint alleged violation of three of the conditions of the permit. Condition 4, the complaint alleged that the applicant wasn’t providing landscaping but the complaint was vague as to what type of landscaping they weren’t providing. And Condition 8, the complaint alleged that the applicant had restarted vertical construction of the buildings on site prior to completing or prior to improvements on Kaūmana Drive being completed. And then Condition 9, the complaint alleged that the applicant has not complied with, with Condition 9 as it relates to installing smart sign traffic control devices on Kaūmana Drive. This is a photograph. So once the Planning Department received the complaint, staff went to the property and did indeed verify that vertical walls were being constructed on the property as you can see in the picture. Here’s another photo of active construction on site. The walls are already constructed but laid flat in this photo. And then these are photos of Kaūmana Drive to show that the applicant had started construction of the access improvements but they weren’t completed, and they were supposed to be completed before starting the vertical construction on site. So, this is a view of Kaūmana Drive looking down towards Hilo town, and this is a view of Kaūmana Drive looking up towards, if you’re going towards Saddle Road, and the property would be on the left side in this photo. In this photo, the driveway is located on the right side in this area here. So the Planning Director is recommending various actions. We’ve offered a few options in our Recommendation Report that the Commission can consider for each of these alleged violations of conditions. That can include corrective action, if there is corrective action that can be done, or it can be the assessment of fines. And, I’d like to come back to that. Maybe 2 EXHIBIT F