2019-04-09 Kailua Village Design Commission Minutes

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It was moved by Commissioner Hetherington and seconded by Commissioner Kern that the Commission recommend denial. Commissioner Smith asked Mr. Tanaka what steps DPW was going to take to ensure that those illuminated signs with no electrical permit would not stay on. He noted that it was a health and safety issue and a concern of the Commission. Mr. Tanaka responded that pursuant to Sign Code Section 3-37(b) that provided, “When the condition of any sign creates an immediate hazard and peril to public safety or to property, or is illegally placed within any public street, park other public place or pedestrian way, the director shall remove the sign summarily and without notice,” removal by DPW was an available option; however, the status of the enforcement was that DPW had served a notice of violation on Planet Fitness, and they had requested DPW to defer and allow them to determine the course of action based on the Commission’s recommendation at this hearing. There being no further discussion on the motion, a roll call vote was taken and the motion carried with six ayes (Hetherington, Kern, Ching, Ikeuchi, Smith and Sullenberger), no noes, and one absent and excused (Crusat). 4. At the request of the County Council, the Department of Public Works, Building Division, is requesting the KVDC to confirm whether the revised plans for the sign variance application for the Holiday Inn Express, submitted to the County Council for review and approval, satisfies the recommendations of the Commission. The Commission previously reviewed the Holiday Inn Express sign variance application at a meeting held on November 17, 2015. The Council is in the process of reviewing the Proposed Amendments to Resolution No. 92; resolution granting a variance from Chapter 3 Section, 3-6(b)(3), 3-58(b), 3-58(c) and 3-60(a), Hawai`i County Code 1983 (2016 edition, as amended), to allow two wall signs and two directional signs at 75-146 Sarona Road, Kailua Kona, HI. Landowner: Kona Hospitality TMK: (3) 7-5-007:009 Location: 75-146 Sarona Road, Kailua-Kona, HI 96740 Ms. Newlon gave a brief PowerPoint presentation about the subject property and the Commission’s past review of the proposed signs. She then deferred further presentation to Mr. Tanaka. Mr. Tanaka stated that DPW’s presence today was to follow through with Council Member Lee Loy’s recommendation to allow the Commission to exercise its authority for the Sign Code. He said that Resolution No. 92 19 in question essentially characterized the variance application as understood by the Council. He explained that there was inconsistency between what had been approved by the Commission and what had been subsequently communicated to the Council. He said that he would prefer to have applicant speak about what variances from the code were needed for the proposed signs, what the Commission had recommended at its November 2015 meeting, and how he and DPW intended to move forward and present it to the Council. 10