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Home My WebLink About2011-09-27 Kailua Village Design Commission Minutes KAILUA VILLAGE DESIGN COMMISSION COUNTY OF HAWAI‘I MINUTES Meeting Date: September 27, 2011 Time: 5:15 p.m. Place: West Hawai‘i Civic Center nd Planning Department Conference Room – Building E, 2 Floor 74-5044 Ane Keohokalole Highway Kailua-Kona, Hawai‘i, 96740 CALL TO ORDER Members Present: Shane Kitchens, Nancy Burns, Terry Dunlap, Stephen Herbert, John Hetherington and Fanny Au Hoy (from 5:20 p.m.) Absent and Excused: Eugene Power, Riley Saito and Sammie Stanbro Planning Department: Bennett Mark, Keola Childs, Ramsey Young and Noriko Sauer Public: None Chair Kitchens called the meeting to order, and welcomed those in attendance. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS None. NEW BUSINESS 1. Discussion of the purpose, powers and duties of the Kailua Village Design Commission as set forth in Article 7 (Special District Regulations), Division 1 (Kailua Village Design Commission) of the Zoning Code (Chapter 25, Hawai‘i County Code). Discussion requested by Commissioner Dunlap. Commissioner Dunlap clarified the reason for his request, saying he was concerned that once approved and built, the current practices seemed to allow buildings to be repainted in any color, in which case the Commission’s effort and even existence was futile, and that such inconsistency seemed unfair to those who apply for new development and/or abide by the guidelines. Mr. Mark said that the only instrument to regulate building colors now was plan approval, and explained how the process in general would take place: The Commission recommends certain colors at a design review meeting, the applicant agrees, the Commission’s recommendation is forwarded to the Planning Director, and the colors are specified in the plan approval conditions. He further explained that the Department’s investigations for possible violations were generally driven by complaints, and that unless there was a plan approval condition that required colors that differed from the existing building colors, in which case the Department could issue a notice of violation and follow through the enforcement procedure, there was no mechanism enabling the Department to enforce the color scheme recommended in the Master Plan for Kailua-Kona. He added that a majority of plan approvals in the past appeared to have focused on zoning issues rather than design aspect and therefore rarely contained color specifications. 1 Commissioner Dunlap said that if a building within the Kailua Village Special District (KVSD) were to be repainted and the new colors did not meet the design guidelines for the KVSD, the repainting project should be subject to the Commission’s review just as a sign permit review was separately required for signage. He asked whether there was a way to make color compliance a part of the Sign Code. Mr. Mark responded that the Sign Code was administered by the Department of Public Works whereas plan approval was a Zoning Code requirement administered by the Planning Department. Commissioners Au Hoy and Herbert, while they recognized the limitations of the Commission’s authority, shared Commissioner Dunlap’s opinion about the functionality of the Commission without follow-throughs. Commissioner Burns opined that this was a matter of changing law, and moved that the Commission request the staff to draft legislation on the issue of building color regulation. The motion was seconded by Commissioner Hetherington. The Commissioners reached a consensus that it would be prudent to get a bill drafted even if this might not be the right time to bring it before the County Council, that the Commission should collaborate with the Kailua Village Business Improvement District board members on this effort, and that the bill should cover the entire KVSD rather than just the Kailua Village Core. The staff made it clear that the motion was to request the staff to draft a bill to amend Chapter 25 (Zoning Code), Article 7, Division 1, Section 25-7-4 of the Hawai‘i County Code, relating to the powers and duties of the Commission. A roll call vote was taken and motion carried with five ayes (Burns, Hetherington Au Hoy, Dunlap and Herbert) and three absent and excused (Power, Saito and Stanbro). The Chair suggested that the order of business be rearranged, and that the Commission take up the minutes of the previous meeting at this time, then the formation of a committee, and lastly the continued discussion of the existing Sign Code. There were no objections. ADMINISTRATIVE MATTERS 1. Approval of Minutes of the Meeting of September 13, 2011. It was moved by Commissioner Dunlap and seconded by Commissioner Au Hoy that the minutes be approved as submitted. The motion was unanimously carried by a voice vote of all Commissioners in attendance. UNFINISHED BUSINESS 1. Formation of a Sign Code Review Committee of the Kailua Village Design Commission. After a short discussion, Commissioners Hetherington and Dunlap and the Chair volunteered, and Commissioner Burns accepted nomination, to serve on the subject committee. It was moved by Commissioner Herbert and seconded by Commissioner Au Hoy that a Sign Code Review Committee be formed with the aforementioned four members to undertake research and formulate a set of proposals concerning the Sign Code including the boundaries of the KVSD and the Kailua Village Core. A roll call vote was taken and motion carried with five ayes (Herbert, Au Hoy, Burns, Dunlap and Hetherington) and three absent and excused (Power, Saito and Stanbro). Although it was not made part of the motion, the Commission’s consensus was that Commissioner Dunlap would chair the Committee. 2 2. Continued discussion of the existing Sign Code (Chapter 3, Hawai‘i County Code) as to provisions applicable to the Kailua Village special design district (“the District”) and which provisions the Commission may wish to recommend be amended. Discussion to include: a.Completion of Commissioners’ individual presentations and their preliminary recommendations as to preferred boundaries of the District, the Kailua Village Core, and the Kailua Industrial Subdivision as presently defined in the Sign Code; b.Discussion of some or all of those boundaries; c.Other general discussion relating to the Sign Code, including sizes and types of signs, letter/logo heights, and sign fabrication materials allowable in those areas, and all other provisions applicable to the District; and d. Concept of conducting one or more commissioners “field trips” through some or all of the Kailua Village special design district to view the range, location, appearance and visibility of existing signs in the district. It was moved by Commissioner Burns and seconded by Commissioner Dunlap that this agenda item, including all the subtopics, be referred to the newly formed Sign Code Review Committee. A roll call vote was taken and motion carried with five ayes (Burns, Dunlap, Au Hoy, Herbert and Hetherington) and three absent and excused (Power, Saito and Stanbro). In response to Commissioner Dunlap’s question, Mr. Mark said that the Committee was allowed to meet anytime at any venue without public notice; however, its report to the full Commission would have to be put on the agenda of a Commission public meeting in order to comply with the Sunshine Law. ANNOUNCEMENTS None. ADJOURNMENT There being no further business, at 6:15 p.m., it was moved by Commissioner Hetherington and seconded by Commissioner Burns that the meeting be adjourned. The motion was unanimously carried by a voice vote of all Commissioners in attendance. Respectfully submitted, Noriko Sauer, Secretary A T T E S T: Shane Kitchens, Chair Kailua Village Design Commission 3