2011-11-08 Kailua Village Design Commission Minutes

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inter-connective walkways, were considered an integral part of the Coconut Grove Marketplace (Coconut Grove) based on previously issued Plan Approvals. He also noted that the State Department of Land and Natural Resources stated in its advisory letter that the States approval of the proposed fence was conditioned upon the applicant first being in compliance with the character of use provision of the lease; specifically, actual income-producing use of at least a certain portion of the parcel would have to occur to the satisfaction of the State agency. He said that any commercial use would have to comply with Zoning Code requirements and might require Plan Approval, and that since the applicant had not proposed any commercial activity, it was not yet clear whether the fence would be permitted under Plan Approval. Further, he said that a new or an amended Special Management Area Use permit would also be required prior to any other County permits. With respect to compliance with the Master Plan for Kailua-Kona, he said that the guidelines did not seem to speak to this type of improvements directly, but because of its low height, neutral color and distance from the public street, rather than the aesthetical impact, the proposed fence would essentially make the existing internal pedestrian and commercial loading ways less convenient. Brian Anderson, the applicants representative, gave additional background information, and stated that the applicant intended to keep the property as a volleyball court for daytime use as a service to the community, but that due to inadequate lighting at night and the proximity to bars, liability and security was a serious concern to him and to his insurance company. He also stated that the proposed fence would be up only for a temporary period of six months until the applicant could decide what to do with the parcel. He added that this proposal would not affect the existing Americans with Disability Act (ADA) compliance and customer traffic flow of the Coconut Grove. Further, in response to the Commissioners questions, Mr. Anderson made the following statements: The applicant intends to reopen the volleyball court; the applicant is soliciting hula shows and art shows to be held at the site; there is currently no electricity service to this parcel; the volleyball court had always been well lit with the cooperation from the previous owner of the adjacent parcel until about two years ago when it was discontinued by the current owner; the applicant has tried to discuss the matter with the adjacent property owners, but cannot get their cooperation; the proposed fence would be only temporary for six months until the applicant can get electricity service and while he consider other options; the applicants current intent is to keep the parcel as open space rather than build a structure on it; the Board of Land and Natural Resources (BLNR) approved the proposed fencing at its October 31, 2011, hearing; the applicant has concurrence from his insurance company that, although six feet is preferable, the proposed four-foot height is enough to get his liability covered; and even though the proposed fence would restrict access to an existing walkway, there is another walkway parallel to it about six feet higher, which would be intact, as well as the ADA accessibility and loading zone. Mr. Anderson said he appreciated the Commissions input, when Commissioner Dunlap suggested that adding a railing onto the existing rock wall would be a better solution for the applicants liability issue. However, he urged the Commission to focus on the appearance and impact of the proposed fence and advise the applicant as to what type of design would be acceptable, rather than discuss whether or not there should be a fence. The Vice Chair then called up the following individuals who wished to provide statements: Sage Franks, who has been working in the Coconut Grove for nine years, expressed his concern that the proposed four-foot fence would actually be more hazardous than the existing rock wall, saying that he could easily imagine inebriated people and children climbing it. He was also concerned that the fence would force people in a wheelchair to take a long way to get around the complex. He said that a fence had been put up twice in the past, but taken down within 48 hours due to concerns of the 2