KULA COMMUNITY ASSOCIATION

KULA COMMUNITY ASSOCIATION

�P.O. Box 41 - Kula, HI 96790

http://kulamaui.com

The vision of the Kula Community Association is to preserve open space, support agriculture, maintain a rural residential atmosphere,

and to work together as a community.

The specific purpose of this association is to improve the quality of life for the residents of Kula, to promote civic welfare

and generally to benefit the community of Kula.

March 12, 2002

Mayor James "Kimo" Apana, Jr.

County of Maui

200 South High Street

Wailuku, HI 96793

Dear Mayor Apana:

Re:�� Ground Sign for Grace Church (formerly Upcountry Christian Fellowship Church)

�� (BVA 000010)

��

The Kula Community Association (KCA) asks that you request the Director of Planning and the Director of Public Works and Waste Management to revoke sign permit #2001-78 issued on November 13, 2001 to Grace Church (EXHIBITS 1, 1-A) until the review process required by law is completed. KCA believes this permit was issued improperly, as it was granted pursuant to a variance application by Grace Church, and has not yet received the design approval of the Urban Design Review Board (UDRB) as required by law.

The KCA and other concerned Upcountry citizens have been involved in the review process for the proposed Grace Church sign since August 10, 2000 when the Church's application for a sign variance was first heard by the Board of Variances and Appeals (BVA) (EXHIBITS 2, 2-A). Since the outset, the KCA has recognized the Church's need for a lawful sign, and has supported granting the variance for an appropriate ground sign. We have consistently opposed the applicant's proposed 32 square-foot, double-sided, internally illuminated, translucent plastic sign as inappropriate to the character of the Upcountry region. Our KCA position statement on the proposed sign was communicated to the BVA January 10, 2001 (EXHIBIT 3, EXHIBIT 4).

Because of the unique nature of the variance request, and the community's concerns about the sign's design, materials, and lighting, the BVA sought preliminary review of the application by the Urban Design Review Board (UDRB). That meeting was held on July 17, 2001, and KCA again testified about its concerns and its position. The UDRB voted unanimously at that meeting to recommend approval of the variance with the condition that the Applicant comply with the design parameters listed in item 4 of the KCA's position statement (EXHIBIT 5, EXHIBIT 6). The UDRB also encouraged the KCA and the Applicant to meet to try to cooperatively agree on the final design of the sign. This meeting was held on August 2, 2001 and is summarized in KCA's letter to the BVA dated August 7, 2001 (EXHIBIT 7).

At its meeting on August 9, the BVA heard testimony from the Applicant, the KCA, the Outdoor Circle, Church members, and Upcountry residents. Members of the BVA repeatedly requested and received assurances from both planning staff and corporation counsel that - should they grant the ground sign variance - the final sign design, including materials and lighting, would be determined prior to issuance of a permit, following review by the UDRB (EXHIBIT 8). The BVA adopted a motion to "approve the variance as submitted by staff ... and leave the destiny of the sign and its design to the Urban Design Review Board". Additionally, BVA requested the KCA and the Applicant to meet again to try to resolve sign design issues.

The second meeting of the KCA and the Church was held on September 6, 2001 and was reported to the UDRB by the KCA in its letter of March 5, 2002 (EXHIBIT 9). At its March 6 meeting, the UDRB also received the Director's Report, "Transmittal of the Board of Variances and Appeals Decision on Upcountry Christian Fellowship Sign". The report included the transmittal letter from Planning Director Min to the Applicant dated November 8, 2001 (EXHIBIT 10) stating that the variance be "applicable to only the 32 square-feet ground sign .... and for any other modifications made to the sign as required by the County of Maui's Urban Design Review Board." At this meeting, questions addressed to staff by the chair and members on the status of the UDRB review and permit application were not answered. Only in the days since the March 6, 2001 meeting has it been learned that the sign permit had been applied for August 20, 2001 and issued November 13, 2001.

Based on thorough review of all pertinent materials, the KCA believes that sign permit #2001-78 was issued improperly for the following reasons:

� When built according to the specifications in the sign permit and drawings, the completed sign area exceeds 32 square feet. Therefore, the sign as permitted falls into Category C, which requires review by the UDRB following variance approval, per Maui County Code 16.12A.120-A.�

� The decision of the BVA, relying on repeated assurances of staff and counsel that UDRB would review and approve the final sign design prior to issuance of a sign permit, resulted in the adoption of the above condition after the motion to approve the variance and "leave the destiny of the sign and its design to the UDRB".�

In the best interests of the community and to retain the integrity of the permit process, the KCA requests a prompt resolution of this matter. We hope you respond to our concerns, request immediate revocation of permit #2001-78, and ensure that the Grace Church Sign Permit application receives the required review and design approval by the UDRB prior to issuance of a new permit.

Mahalo and aloha,

Elliott Krash, President

Enclosures

cc:�� David Goode, Director, Public Works and Waste Management

�� John E. Min, Director, Planning Department

�� Chair and Members, Board of Variances and Appeals

�� Chair and Members, Urban Design Review Board

�� Robert Finberg, Pastor, Grace Church

��