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HomeMy WebLinkAbout2016-07-19 KVDC Minutes KAILUA VILLAGE DESIGN COMMISSION COUNTY OF HAWAI‘I MINUTES Meeting Date: July 19, 2016 Time: 5:15 p.m. Place: West Hawai‘i Civic Center nd Planning Department Conference Room – Building E, 2 Floor 74-5044 Ane Keohokālole Highway Kailua-Kona, Hawai‘i, 96740 CALL TO ORDER Commissioners Present: Peter Dahlberg, Alvin Akina, Jr., Theresa Andreae, Fanny Au Hoy, Ann Kern, Shaun Roth, Zon Sullenberger and Mark Van Pernis Absent and Excused: Chuck Cartwright Planning Department: Bennett Mark (Planning Program Manager), Terry Dunlap (Planner) and Noriko Sauer (Commission Secretary) Applicant/Representative: Jeff Fischer and Roger Brasel Public: None A quorum was present. Chair Dahlberg called the meeting to order and the Commissioners introduced themselves. APPROVAL OF MINUTES 1. Minutes of the Meeting of June 21, 2016 It was moved by Commissioner Au Hoy and seconded by Commissioner Kern that the minutes be approved as submitted. The motion was unanimously carried by a voice vote. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS – None. NEW BUSINESS 1.Lava Java Restaurant, expansion of both the existing deck on the south side by 215 square feet and the storage area on the rear (east) of the building by 28 square feet. Proposed sign information previously approved by KVDC and not part of this application. Applicant: Island Lava Java LLC. Landowner: LSREF2 OREO (DIRECT) LLC. TMK: 7-5-009: 028. Location: Coconut Grove, 75-5801 Ali‘i Drive, Kailua-Kona. Mr. Dunlap familiarized the Commissioners with the property and the proposed addition on a map and the applicant’s site plans. He also displayed some photographs of the existing building where interior renovation was underway. He noted that the design and coloration of the proposed addition would match that of the existing building. 1 Commissioner Van Pernis asked if the walkway was incorporated in the expansion. The architect for the project, Roger Brasel, answered in the affirmative, and said that the existing walkway would slide over a little in order to maintain the width. Commissioner Van Pernis also asked whether or not any input had been received from other tenants of the Coconut Grove Market Place regarding this project. Mr. Dunlap answered in the negative. Commissioner Van Pernis pointed to a letter in the application submittal, dated June 19, 2015, from the Planning Director to Mr. Roger Brasel; in the letter the Planning Director determined that the applicant’s proposed build-out project was consistent with the approvals and conditions of SMA 277, as amended, which allowed for the construction of a commercial specialty center \[Coconut Grove Market Place\] encompassing the subject Lava Java Restaurant building (the “SAA determination”). Commissioner Van Pernis noted that Condition No. 3 of the SAA determination required the applicant to “secure approval for the proposed project from the Kailua Village Design Commission within one year from the date of this letter,” which had already passed. He questioned whether or not the Commission had the jurisdiction to allow extra time for the applicant to comply with that condition. Mr. Mark responded that generally, as an advisory board, the Commission’s design review could occur either before or after a Special Management Area Use Permit, which is the first regulatory permit for development within the Special Management Area (the “SMA”), and that in this case the applicant would be required to confirm in writing that SMA 277 was effective before they could move forward with the expansion. He added that this type of time extension was common with other permits or approvals where the applicant is given extra time by the Planning Director to meet conditions of approval, and that Condition No. 7 of the SAA determination in this case was also providing the same opportunity to the applicant. Commissioner Van Pernis opined that the Commission’s approval would have to be subject to a time extension of the SMA permit \[SAA determination\]. Chair Dahlberg expressed his agreement. Mr. Jeff Fischer introduced himself as the owner of Island Lava Java. In response to Commissioner Andreae’s question about the original plan for the additional deck area, he stated that the current proposal was what had originally been planned by the property owner, but that it had been rejected by the Department of Public Works, Building Division, due to lack of required building sprinkler at that time. Upon Commissioner Roth’s inquiry, he confirmed that there were no comments from the other tenants, and that the proposed expansion was the property owner’s desire. Commissioner Van Pernis asked if the applicant was willing to apply for a time extension as discussed earlier. Mr. Fischer stated that they were already working with Ms. Esther Imamura of the Planning Department on the SMA related matters. In response to questions about landscaping, Mr. Fischer also stated that the existing landscape had been done according to the previously \[September 1, 2015\] approved landscape plan, and that there was enough room between the subject building and the adjacent building to expand the deck area, move the walkway, and create some landscaping in the remainder. He also confirmed that no more trees would be removed. It was moved by Commissioner Van Pernis that the Commission recommend the Planning Director’s approval of the proposed project as submitted, with a condition that such approval shall not take effect until a time extension of the SMA permit is achieved. Commissioner Andreae questioned whether the Commission should make its approval subject to something that the Planning Department seemed responsible for, or whether the Commission as an advisory body could simply forward its 2 approval. Commissioner Van Pernis opined that it would be a violation of the SMA permit for the Commission to approve the application without the condition, and that the Commission’s action should be compatible with the permit. Commissioner Roth pointed out that the work specified in the SAA determination letter had been reviewed and approved by the Commission previously \[at the September 1, 2015, meeting\]; therefore, it was his understanding that the applicant had already met the condition. He further said that according to Mr. Mark’s earlier comment that the Commission could review the current proposal either before or after the SMA process, it did not seem to matter whether or not the condition was attached to the Commission’s approval. Commissioner Van Pernis referred the Commission to Condition No. 3 of the SAA determination, and reiterated that the word “shall” meant that it was mandatory for the applicant to come before the Commission within one year from the date of the letter; therefore, the applicant needed an extension of time to satisfy the condition prior to the Commission approval. Mr. Dunlap commented that the applicant could not proceed with the project until SMA issues were properly addressed anyway, but that it was fine for the Commission to include the condition to be consistent. Commissioner Van Pernis said that he did not want the Commission to undercut the authority of the SMA. Noting Mr. Fischer’s earlier statement that they were in the process of addressing the matter, Chair Dahlberg agreed that the inclusion of the condition would be appropriate. Commissioner Roth then seconded the motion. There being no further discussions on the motion, a roll call vote was taken and the motion carried with seven ayes (Van Pernis, Roth, Akina, Andreae, Au Hoy, Kern and Sullenberger) and one absent and excused (Cartwright). ADMINISTRATIVE MATTERS None. ANNOUNCEMENTS Mr. Mark announced that the next meeting was scheduled for August 2, 2016. ADJOURNMENT There being no further business, at 5:41 p.m., it was moved by Commissioner Sullenberger and seconded by Commissioner Au Hoy that the meeting be adjourned. The motion was unanimously carried by a voice vote. Respectfully submitted, Noriko Sauer, Secretary A T T E S T: Peter Dahlberg, Chairman Kailua Village Design Commission 3