HomeMy WebLinkAbout2022-01-11 Kailua Village Design Commission Minutes KAILUA VILLAGE DESIGN COMMISSION
COUNTY OF HAWAII
MINUTES
Meeting Date: January 11, 2022
Time: 5:21 p.m.
Location: Online Meeting
CALL TO ORDER
Commissioners Present: Shaun Roth, Bryant Ching, Jasmine Crusat,
Michaela Ikeuchi, Riley Smith, and Zon Sullenberger
Absent and Excused: Ann Kern and Arne Werchick
Office of the Corporation Counsel: Deputy Corporation Counsel Jean Campbell
Planning Department: Rosalind Newlon (Planner), Deanne Bugado (Planner), and
Noriko Sauer(Commission Secretary)
Applicants/Representatives: Bill McCowatt(New Business Item 1); and Zach Hanson
(New Business Item 2)
Pursuant to Act 220, Session Laws of Hawaii 2021, which amended the Sunshine Law to allow
meetings to be remotely conducted online, effective January 1, 2022, and to the Governor's
Emergency Proclamation Related to Sunshine Law In-Person Meetings dated December 29,
2021, this meeting was held online, with live stream video for the public to observe the meeting
and no in-person meeting site.
A quorum was present. Chairman Roth called the meeting to order. He introduced the
Commissioners and confirmed with them that nobody else was at their locations. He described
the Commission's duties and meeting procedure.
STATE SUNSHINE LAW CHANGE UPDATE BY CORPORATION COUNSEL
The Commission took up this item at 5:24 p.m. Deputy Corporation Counsel Jean Campbell
presented the Sunshine Law change that had become in effect as of January 1, 2022, noting that
some of the provisions had been put on hold due to the recent COVID-19 surge. She encouraged
the Commissioners to review additional information and training available on the state Office of
Information Practices website.
Ms. Campbell first went over Sunshine Law's basic requirements and provisions. She then
talked about the update and said that the change allows remote meetings so long as certain
requirements are met, such as:
• Interactive conference technology must allow audio-visual interaction between board
members and the public.
• At least a quorum of the board members must be visible and audible during the meeting.
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• At the start of the meeting the names of all participating board members must be
announced.
• While they do not have to disclose where they are,remotely participating board members
must disclose who else is in their location even if they are not there for the meeting, so as
to avoid any issues in case they have side conversations with their microphone on mute;
it is not required to disclose the names of those individuals.
• All votes must be conducted by a roll call vote unless they are unanimous.
• Meetings must be recorded, and the recordings must be posted online and available to the
public until written minutes are posted.
• At least one in-person location must be provided with an Internet connection that will
allow the public to participate; this requirement has been suspended due to COVID-19.
• If the connection is lost and is not restored within 30 minutes, the meeting must be
terminated.
Ms. Campbell also noted that the two other meeting methods that were allowed under the
Sunshine Law prior to the change are still allowable, specifically:
• In-person meeting at one site.
• In-person meeting at multiple sites that are connected with technology, for example, at
the County Building in Hilo and the West Hawaii Civic Center using videoconference
connection.
Upon Commissioner Ikeuchi's inquiry, Ms. Campbell clarified that the Commission could
continue to meet remotely, but that once the suspension is lifted, at least one physical location
with an Internet connection must also be provided for people to participate in,present testimony
at, or observe the meeting in order to hold an online meeting. Asked by Commissioner Smith,
she also clarified that the Sunshine Law requires at least a quorum of the members to be visible,
along with audio connections, throughout the meeting; so if someone's connection is lost,
resulting in fewer members than a quorum being visible, a recess can be taken up to 30 minutes
to reconnect, and the meeting can continue; but if the reconnection is unsuccessful within the
time frame, the meeting must be terminated. Upon inquiry by Chairman Roth, she confirmed
that the information and training on the Office of Information Practices website is available to
the general public.
There being no further questions, Chairman Roth concluded this item at 5:50 p.m.
APPROVAL OF MINUTES
Minutes of the Meeting of November 9, 2021.
Chairman Roth asked if there were any corrections to the minutes. No corrections were made,
and the minutes were approved as circulated.
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January 11,2022,Meeting Minutes
STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS
Upon inquiry by Chairman Roth, Ms. Newlon confirmed that the Commission had received no
public testimony regarding the items on the agenda. Staff also confirmed that there was no one
wishing to testify online.
NEW BUSINESS
1. PL-KVD-2021-000007: The applicant, Mr. Bill McCowatt, agent/applicant for Sarah L.
Akona Partnership/Kona Square Associates, is proposing exterior and tenant
improvements for an existing commercial building for a restaurant/bar (Spinners
Daiquiri Bar and Lounge) and retail center along Alii Drive across from Kailua Pier.
The exterior improvements include: removal of first floor glass extension and awning
with new bronze roll-up door; new entry stairs off sidewalk; new stained wood(mid-
brown) suspended trellis and outdoor umbrellas and tables underneath; new 36-inch
black guardrail above a CRM wall along the front yard with landscaping; hanging
rattan chairs in courtyard; a new mural alongside concrete block fence/wall; no
changes to exterior colors of building; and interior tenant improvements not included in
the design review.
Applicant: Bill McCowatt
Landowner: Sarah L. Akona Partnership
Lessee: Kona Square Associates
TMK: (3) 7-5-006:025
Location: 75-5669 Alii Drive, #1104, Kailua-Kona, HI 96740
The Commission took up this item at 5:51 p.m.
Ms. Newlon gave a PowerPoint presentation on proposed exterior improvements to the existing
Spinners Bar building in the Kona Square commercial complex. She described the property
location, existing buildings and parking lot of the Kona Square, and existing features of the
Spinners Bar building. She continued to describe the proposed improvements, including addition
of bicycle and moped rack, outdoor dining area with suspended trellis and umbrellas, 36-inch-tall
guardrail above CRM walls fronting Alii Drive. She also displayed conceptual images showing
the colors of the proposed improvements, as well as photographs showing the features to be
remodeled and repainted behind the proposed outdoor dining area. The photographs also showed
an existing concrete wall on the eastern property boundary that a mural would be on, and she
showed examples of artwork being proposed for the mural. She mentioned that the property has
a variance that allows 20 on-site parking spaces and 15 off-site parking spaces, and that that
would be reviewed further during the Plan Approval process.
Chairman Roth called upon the applicant. In response to Commissioner Ikeuchi's question about
the total height of the walls with proposed guardrail, Mr. Bill McCowatt said that those existing
walls were cinder block walls faced with rock veneer and retaining the courtyard about 20 to
24 inches above the sidewalk; therefore, the total height together with the guardrail would be
5 feet to 5 feet 6 inches from the sidewalk and roughly 3 feet from the courtyard side. He noted
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January 11,2022,Meeting Minutes
that although the county Building Code does not require it, the owner was proactively proposing
the guardrail for safety reasons because people had fallen off of the low wall mostly being
inebriated. He stated that he and the owner might want to switch the guardrail to horizontal wire
from the vertical design as being proposed in the application; he suggested that the Commission
consider approving that as an option in its decision. He also corrected a misrepresentation in a
conceptual drawing where the guardrail was depicted beyond the steps with yellow safety
stripes; he corrected that the guardrail would stop at those steps. Upon inquiry by Chairman
Roth, he confirmed that the existing walls get lower as you approach the Palani Road
intersection, which would remain as is. In response to Commissioner Ikeuchi's question, he
clarified that the guardrail would continue along the curvature of the ramp going up towards the
future outdoor dining area, where most falls had happened, and that the existing planters there
would remain and be maintained better, which would also add to safety.
Chairman Roth clarified that although the Spinners sign was depicted in the drawings, that was
not part of the application at this time. Mr. McCowatt confirmed that the application for the sign
would be submitted at a later date. Asked by Commissioner Ikeuchi, he also confirmed that the
mural would be done by Punky Aloha who had just done nice work at the Kona Brew block,
which was proven very popular. Commissioner Ikeuchi expressed her approval for the choice.
Chairman Roth opened the floor for discussion and commented that he was in favor of the
application for the reason that adding outdoor seating, taking care of the safety of the drop-off,
and bringing activity along the street would benefit the community and also seemed to be in
keeping with the village. Commissioner Ikeuchi reiterated her support for the mural artwork.
She also said that she would prefer the horizontal cable for the guardrail, which would provide
the safety measure but draw less attention in her opinion. Mr. McCowatt said that he would
agree and would like that to be stated in a motion as a condition of approval.
It was moved by Commissioner Ikeuchi and seconded by Commissioner Sullenberger that the
Commission approve the application, with the stipulation that the guardrail presented be changed
to thinner horizontal cable. There being no further discussion on the motion, a roll call vote was
taken, and the motion carried with five ayes (Ikeuchi, Sullenberger, Ching, Crusat, and Smith),
no noes, and two absent and excused (Kern and Werchick).
2. PL-KVD-2021-000009: The applicant, Mr. Zach Hanson, of Christopher Kidd and
Associates LLC, architect firm/applicant, are proposing exterior and tenant
improvements at an existing commercial building for a new outpatient dialysis clinic at
the Kona Coast Shopping Center,located off Palani Road at Queen Kaahumanu
Highway. The exterior improvements include a new awning; new trash enclosure; new
main entrance; new window assemblies; new metal doors; new electrical equipment
with protection bollards; new egress lights; repairs to damaged CMU exterior wall; and
accessible parking signage on exterior walls. The exterior improvements will be of dark
bronze color to match the storefront; there are no other changes to exterior colors of
building; interior tenant improvements are not included in the design review.
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Applicant: Zach Hanson, of Christopher Kidd and Associates LLC
Landowner: Liliuokalani Trust Estate
TMK: (3) 7-4-015:001
Location: 74-5588 Palani Road, Suite 29, Kailua-Kona, HI 96740-3120
Ms. Newlon gave a PowerPoint presentation on proposed exterior improvements. She displayed
an aerial photograph, a location map, and a site plan to indicate the property location and the
subject site within the Kona Coast Shopping Center. She went over the applicant's submittal and
described the proposed improvements and color schemes. She mentioned that the enclosures for
the generator and trash were proposed to be right up to the property line, which is allowed
because the property's Village Commercial zoning does not have side yard setbacks. She also
mentioned that when the applicant comes back with a sign application, it will be reviewed taking
into consideration the Sign Code variances that the property currently has.
Chairman Roth called upon the applicant. Mr. Zach Hanson provided additional information.
He said that the project site was the back three quarters or so of the former Pier 1 Imports space.
He described that the awning over the proposed entrance door was to provide some guidance and
an entrance feel to the Queen Ka`ahumanu Highway side of the building and would not protrude
beyond the existing CMU columns, and that the windows on that wall would provide natural
light into the patient treatment area. With regard to the service area in the back of the building,
he explained that one of the two proposed doors would be an egress door for patients and the
other for clinical waste pickup and removal, that the existing roll-up door with awning would
remain as a delivery door, and that there would be some electrical equipment mounted on that
wall, with protection bollards. He explained that the height of the enclosure fence was so that it
could completely conceal and protect the tall generator. He said that both the generator and trash
enclosures would be of a chain-link fence with privacy slats.
Asked by Chairman Roth, Mr. Hanson confirmed that the generator was very important for the
dialysis procedure because in case of power outage the backup power from the generator would
allow them to continue treatment, which typically takes about four hours.
Chairman Roth opened the floor for discussion and commented that he was in favor of the
project, as it would put the space to good use for the community and also add windows to that
particular portion of the building. He further commented that if the owner wished to extend the
awnings across all the windows, he would be supportive of it because that would provide nice
shading and be acceptable from an appearance standpoint. He added, however, that it would be
understandable if they needed to keep it to just the entrance portion for cost reasons.
It was moved by Commissioner Crusat and seconded by Commissioner Ikeuchi that the
Commission approve the application as submitted. There being no further discussion on the
motion, a roll call vote was taken, and the motion carried with five ayes (Crusat, Ikeuchi, Ching,
Smith, and Sullenberger), no noes, and two absent and excused (Kern and Werchick).
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January 11,2022,Meeting Minutes
ELECTION OF OFFICERS FOR 2022
At 6:31 p.m. Chairman Roth opened the floor for nomination for chairperson. Commissioner
Sullenberger nominated Chairman Roth, with Commissioner Smith seconding the nomination.
There were no other nominations. Chairman Roth accepted his nomination but suggested as a
condition for his holdover that efforts be made by everyone to recruit more people to serve on
the Commission. A roll call vote was taken, and the nomination was approved with five ayes
(Sullenberger, Smith, Ching, Crusat, and Ikeuchi),no noes, and two absent and excused (Kern
and Werchick). Chairman Roth abstained.
Chairman Roth opened the floor for nomination for vice chairperson. He nominated
Commissioners Crusat and Ikeuchi. Commissioner Ikeuchi accepted her nomination, and
Commissioner Crusat seconded Commissioner Ikeuchi's nomination. There were no other
nominations. A roll call vote was taken, and the nomination was approved with five ayes (Roth,
Crusat, Ching, Smith, and Sullenberger), no noes, and two absent and excused (Kern and
Werchick). Commissioner Ikeuchi abstained.
ANNOUNCEMENTS
Next meeting tentatively scheduled for January 25, 2022.
At 6:35 p.m. Ms. Bugado announced that the January 25, 2022, meeting was cancelled, as there
were no applications to be placed on the agenda, and that the following tentative date was
February 8, 2022.
ADJOURNMENT
There being no further business, Chairman Roth adjourned the meeting at 6:37 p.m.
Respectfully submitted,
Noriko Sauer, Secretary
ATTEST:
Shaun Roth, Chairman
Kailua Village Design Commission
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January 11,2022,Meeting Minutes