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Home My WebLink AboutREP PWMTC 016 2019/08/06 2018-2020 REPORT OF THE COMMITTEE ON PUBLIC WORKS AND MASS TRANSIT DATE: August 6, 2019 Re: Comm.No. 155.2/Res.No. 92-19, Draft 2 PLACE: Council Chambers Hilo, Hawaii TIME: 9:00 a.m. Council Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Public Works and Mass Transit,to which was referred Resolution No. 92-19, as amended to Draft 2,reports as follows: Resolution No. 92-19, as amended to Draft 2, introduced by Committee Chair Sue Lee Loy via Communication No. 155.2, dated March 13, 2019, grants a variance from Chapter 3, Article 1, Division 4, Section Section 3-6(b)(3), and Chapter 3, Article 2, Division 2, Sections 3-58(b), Section 3-58(c), and Section 3-60(a) of the Hawaii County Code 1983 (2016 Edition, as amended),to allow two wall signs and two directional signs on 75-146 Sarona Road, TMK No. (3) 7-5-007:009. The legislative history of this resolution begins five years ago. The Kailua Village Design Commission(KVDC), at its duly noticed meeting on May 6, 2014, reviewed a request for one ground sign and two wall signs exceeding the allowable maximum area as provided in Chapter 3 of the Hawaii County Code 1983 (2005 Edition, as amended), also known as the Sign Code, and lettering/symbol heights for a Holiday Inn Express& Suites hotel. Commissioners, following a substantial discussion, voted to forward to the Public Works Director recommendations that would reduce the visual impact of the signs. Subsequent to that motion, and by request of the Administration, Public Works and Parks and Recreation Committee Chair Dru M. Kanuha introduced(and transmitted via Communication 942 of the 2012-2014 Council term, dated June 23, 2014)Resolution No. 466-14, granting a variance from the Sign Code to the applicant, Kona Hospitality LLC,to allow three wall signs fronting the applicant's parcel alongside Sarona Road. The Committee on Public Works and Parks and Recreation discussed Resolution No. 466-14 on July-17, 2014, and postponed it to the call of the Chair. Again by request of the Administration, Mr. Kanuha introduced Resolution No. 553-14(via Communication 1082 of the 2012-2014 Council term, dated September 10, 2014), granting a variance from the Sign Code to allow three wall signs on Sarona Road, fronting the subject parcel.. PWPRC members, on October 14, 2014, amended the resolution with the contents of Communication 1082.1 (introduced by Mr. Kanuha),to allow instead one sign and to correct various grammatical errors, and forwarded a unanimous favorable recommendation to the Council. At this same meeting on October 14, 2014, Mr. Kanuha placed Resolution No. 466-14 back on the agenda, and then withdrew it. At the Council meeting on November 7, 2014,Mr. Kanuha explained that the corporate headquarters of Holiday Inn,through the applicant, expressed disagreement with the variances PWMTC Report No. 16 PWMTC-16 Page 2 August 6,2019 that were sought. Mr. Kanuha then made a motion to postpone Resolution No. 553-14, Draft 2, indefinitely. The motion was carried. A new application for signage at the subject property was submitted to KVDC and placed on the agenda for November 17, 2015. This application was made for one new wall sign above the main entrance, a relocation of an existing temporary wall sign, and the placement of two new ground signs along Sarona Road. The Commission voted to forward to the Department of Public Works (DPW) Director a favorable recommendation of these requests, subject to certain conditions. The initial draft of Resolution No. 92-19 was transmitted by DPW Director David Yamamoto and Managing Director Wil Okabe on behalf of Mayor Kim,via Communication No. 155, dated February 12, 2019, and introduced by Ms. Lee Loy by request of the administration. This resolution granted a variance from Chapter 3, Section 3-6(b)(3), Section 3-58(b), Section 3-58(c), and Section 3-60(a) of the Hawaii County Code 1983 (2016 Edition, as amended),to allow two wall signs and two directional signs on 75-146 Sarona Road, TMK No. (3) 7-5-007:009 (zoned"U" CG-20, Kailua Village Special Design District). Resolution No. 92-19 was placed on the agenda of your Committee on March 12, 2019. During this portion of the meeting Vice Chair Kaneali'i-Kleinfelder served as the presiding officer. The applicant's representative Fritz Harris-Glade participated by telephone. During the course of the discussion,your Committee reached consensus that Resolution No. 92-19 was factually inaccurate, and was submitted with an incomplete application, and that it could not be approved as introduced. Ms. Lee Loy then moved to amend the resolution with the contents of Communication No. 155.1. The amendments included a rewriting of the resolution title, a requirement that the applicant submit an updated application to KVDC and return to your Committee with an updated recommendation; and a rewriting of nearly every clause to address outdated facts, incorrect references to the County Code, incomprehensible phrasing, and formatting errors. The amendment was adopted, and Draft 2 of the resolution was referred to the next available agenda of the KVDC. Ms. Lee Loy introduced Communication No. 155.3,requesting the Department of Public Works to provide an interim update on the sign variance application. The Communication was referred to your Committee agenda on April 9, 2019. At that meeting Director Yamamoto informed your Committee that the variance application was on the KVDC agenda scheduled for the same day, and that the Department would be returning it to your Committee's agenda as soon as possible, following a favorable recommendation. Ms. Lee Loy then made a motion to postpone the Communication to your Committee agenda on April 23, 2019. The postponement was approved unanimously. Also on April 9, 2019, KVDC met and provided a favorable recommendation on the application by a vote of five ayes, one opposed, and one absent. When Communication No. 155.3 returned to your Committee on April 23, 2019, Ms. Lee Loy explained the agenda item was a"placeholder"to keep the Department on task. Ms. Lee Loy further noted that KVDC had taken up the matter at its April 9, 2019, meeting. She trusted that it was moving forward, and would return to your Committee in the coming months. There was no further discussion, and the motion to close file was approved. PWMTC Report No. 16 PWMTC-16 Page 3 August 6,2019 The amended resolution returned to your Committee on August 6, 2019. Communication No. 15 5.4, dated April 18, 2019, from DPW Director David Yamamoto and Managing Director Wil Okabe on behalf of Mayor Harry Kim, transmitted the resolution along with a letter from KVDC affirming that"the plans for the sign variance application with a revision date of March 6,2019, correspond to the recommendations provided by the KVDC on November 17, 2015, and that Resolution No. 92, Draft 2,brought before.the Council's Public Works and Mass Transit Committee for review also corresponds (with)the plans and recommendation." Prior to your Committee taking up this resolution,Vice Chair Matt Kaneali'i-Kleinfelder assumed the Chair. Ms. Lee Loy briefly restated the history of this resolution and noted that Communication No. 155.4 contained the sign application, the positive recommendation from KVDC, and documents illustrating the design and proposed location of the signage. She asked for her colleagues' support. There was no further discussion. Your Committee on Public Works and Mass Transit is in accord with the purpose and intent of Resolution 92-19, as amended to Draft 2, and recommends its adoption. S AYES NOES ABS EX Respectfully submitted, CHUNG x DAVID x COMMITTEE ON PUBLIC WORKS EOFF x AND MASS TRANSIT KANEALI'l-KLEINFELDER x KIERKIEWICZ x LEE LOY x SA K. LEE I POMEXTER x & *10 ' C 1414 MCHARDS x '---- PWMTC REPO R�ZQ. 16 VILLEGAS x ADOPTED: AUG 2- 7019