HomeMy WebLinkAboutCOM 0042.080 2002-2004
FROM CDUhlTRY SRMURR[ COFFEE CD. PHONE ND. 8083220656 NOV. 08 2004 04:13PM P1
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FROM COUNTRY SRMURRI COFFEE CO. PHONE N0. 8083220656 NOU. OB 2004 04:13PM P2
~,I.ATING TO BII,L 280. DRAb'T 8
Small business is a significant partner in our island xonomy~,
Small business should be promoted and encouraged, and
Small business participation in government is essential to the well-being of our community.
2002 HAWAD STATE DATA BOOK. Hawaii Couory. Toml Nmnlxr
44,147 Bmployxs, mcolnd;ng xlf & gpvaroaeat employed, 2000/2001 (Table 15.161
' 19,048 Self-employed $ok propdeLOrs, 2000 (Table ISTZ)
During the past six monRhs, a significant number of small business testimonies gad petition have
been submitted to the Council in opposition to Bill 280, Relating to Signs. Their message has
been consistent. Businesses support a reasonable sign code which protects the public welfate anal
promotes our visitor industry, but their strong opposition to Bill 280 is due to the inclusion of
excessive and unreasonable restrictions on small business which includes, but is nor: limited to,
the following:
~ Kesuicting all signs to 12 sq. & within the Kailua Village Core
Restricting busint:sses to one sign within the Kelton Village Core
~ Limiting the content of all signs to business name only within the Kailtta Village Cote
Equivocal wdc regarding display of merchandise for sale at/on the storefront
The attached Proposed amendments and supporting documents address the above issues. The
supporting documents include the relevant pages of the Master Plan for Kailva-Kona and H>::waii
Revised Statute, Chapter 445.
HAWAII COUNTY SIGN CODE
Section 3-1 (axl) The Council fords that the pooplc ofthe County have a priulary
interest in controlling the erection, loc~tioa, and maintenance of outdoor signs in a
manner designed to protect the public health, safety, anal morals and to promote
the public welfare and convenience; encourage ltdpromote the visitor indus~;
and foster sightliness and physical good order,
MASTER PLAN FOR KAILUA-KONA
2.7.1 Croats To maintain the continued role of Kelton Village as a tourist
destination and retailing focus of Kona.
FROM COUNTRY SRMURRI COFFEE CO. PHONE N0. 6063220656 NOU. 06 2004 04:14PM P3
PROPOSED AMENDMENT
Section 3-58 Sign Area. (b) In any cast, the total area allowed shall not exceed twelve square
feet forgt~no~t fronting a public street or vehicular access orinrmry~sigrlo~~d-OVidmrthc
I£aii
RATIONALE
This restriction conflicts with the Master plan for Kailas-Kona, is ex~sssve for the pugwse: of
the sign code, and is unfair to newer and smaller businesses.
One the three stated goals of the Master Plan is to maintain the continued mle of Kailas Vill,~ge
as a tourist destination and retailing focus of Kona (Suction 2. I.1). The Council has heard
anecdotal testimony from multiple Kailas Village merchants that small changes in sigtaage hts
resulted in up to a 30% change in business activity. Decrcacing the maximmn allowable aiz. of
some signs by almost half (22 to 12 aq. ft) will reduce potential visibility for maw businesse3
which will negatively impact business activity. Tlti4 is in opposition to the stated goal of the
Master Plan to promote Kailas V illage as a retailing focus of Kona.
The Master Plan recommends sin guidelines up to 22 sq. ft. based on the size of the business;
frontage, the above restriction does not aIlow adjustments bctween 12 to 22 sq. R. for larger
business frontages. The Master Plan recommends that sign needs be `determined primarily' l,y
criteria including the building's architxttue, however, the above restriction would not allow
adjustments between 12 to 22 sq. ft. and would probably result in sign designs incon;~rtrent with
larger business frontages.
The sign code proposes to regulate signs for the purpose of protecting the public health,. safety,
and morals and to promote public welfare and convenience; encourage and promote the visitor
industry; and foster sighfliness and physical good order (Section 3-1(a)(1)). If the above
restriction was necessary to protect the public health, safety, and morals or foster sightliness tmd
physical good order, then all signs island-wide should be restricted to 12 sq. R It is more
probable that this restriction will result in decreasing public welfare and convenience through
decreasing business activity and revenues, a result in opposition of the purposes of the sign cede.
This restriction is excessive for the purposes of the sign code.
This restriction is unfair to newer businesses and brsinesses without existing permitG;d signs
because it is substantially out-of--line with the existing signs in the district, For example, many of
the malls along Alii Drive currently have multiple directory signs, all of which are si~tificantEy
larger than 12 sq. ft and some larger than the 22 sq. R proposed limit. Consider the the Korta
Seaside Mall with thirteen business suites (multiple registered businesses within some suites) and
curreuRly does not have a directory sign. If the mall was limited to a 12 sq. ft. directory sign,
each business suite would be limited to a space no Beater than 5" high by 24" wide in which to
identify their businesses. Then consider that many of the malls along Alii Drive have more than
thirteen businesses suites. This restriction is overly~xcessive and utrfair to newer bus inea5es ur
business properties without existing directory signs.
FROM COUNTRY SAMURAI COFFEE CO. PHONE N0. 8083220656 NOV. 08 2004 04:15PM P4
PROPOSED AMENDA~NT
Section 360_ Number of signs. (a) The rota nr>mt+g* of signs o~ business shall not exceed +~vg
si
associated grflh the bvsiutss. rarry-stntet
RATIONAL?
Propose changing the format. of the code to be consistent with the fe~nat used in Article 1
relating to mm~l>Q of signs to improve ieadab?lity and comparability between articles within the
code. Article 1, relating to number of ~gns, reads `The total number of signs per lot or business
shall not exceed two p~ adjacent street'.
Purpose incressiag the total number of allowable signs from one tp two on a store front to
provide of vin'btlfty for store identification from all pedeshian and/or vehicular
directional approaches to the storefront. A mi~aum of two signs is zzgtrirsd to provide 1811°
sign visr'bilfty to the approach of a store finnt, therefore, a minimtmr of two signs should be
permitted for arty business store front.
One the three stated goals of the Mater Plana is to maintain the oontinrted role of 1Sailus Village
as a tourist destination and retar7ing focal of l~ort$ (Section 2.1.1). The Cotmcil has heard
anecdotal testimony from multiple lCar7ua Vill~or merchants that small changes in sigtmge (u.g.,
addiaE and/or eliminating one sign) has resulted in up to a 3Q% change in business activity.
Limiting businesses to one sign ar a business front req~ares a business to choose which
direction to limit sign visibility. Restricting visibility does negatively impacts business activity,
a result indirect opposition to the stated goal of the Master Plan.
The sign node proposes to regulate signs for the propose ofprotecting the public hplth, safety,
and morals and to promote public welfare and convenience; encourage and promote the visitor
industry; and foster sightliness and physical good order (Sectiar 3-1(axl)). i£the above
restriction was nary to protect the public health, safiely, and morals or foster sightliness sad
physical good order; then all business should be restdcted to one 5igu pea business frontage. Tt is
more probable that this restriction will result in lowerinE public welfm~e and convenience through
decreasing business activity and revemtes...a result in opposition of the proposes of the sign ~xxie.
This restriction is overly-res>rictlve and excessive frnr the purpo,4es of the sign node.
This restriction is unfair to sewer bushresses and businesses without existing permitted sigm
because it is substantially out-of--line with existing signs in the district. A significant numbea~ of
businesses along Alii Drive have more than two signs on their business fronts, In the past, u? tc
five signs were peanitLed within this district. 'T'his restrictiar to one sign per business frorrt i s
overly-e~ccoessive and unfan• to newer businesses.
FROM COUNTRY SRMURRI COFFEE CO. PHONE N0. 8083220656 NOV. 08 2004 04:15PM PS
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PROPOSED AMENDMENT
Section 3-61 Pmhibited Signs.
. ~B"
RATIONALE
Doletes unreasonable reshiction on `sign oonteat' limiting small-business identificsil:ion to mane
of business only, and brings the code in-line with the Master Plea for Kailva-Kona
The identity of a business includes the business name and a collection of elements representing
the characteristics of a business' services and products. Rarely is the business name suflrcie~rt to
identify a business. For example, if a person had never heard of Borders, it is more probable they
would think it was a Mexican Restaurant or hnport/Export Stote before thinking it eras a
Bookstore- Including logos, logo statements, pictures and other related items on business sipps is
essential to convry a business ide~ity; Borders has inchrded `Cafd -Books -Music' on their
signs.
One the three stated goals of the Master Plan is to maintain the continued role of Ka: lrra Villatge
as a tourist destination and retailing focus of Kona (Section 2.1.1). Expanding the a~ntent o1'
signs to allow inclusion of logos, logo stat~e~, pictraes, aml other related items vrill impn~ve
business identification, thereby promoting small business and improving business actiri?y.
The proposed code limiting the number, sin, and type of signs within Kailua Design District arc:
significantly more restrictive than any other district on the island. The required review and
approvals process is also more stringent with the addition of the review for materials, colors .urd
design of signs by the Kailua Village Design Commission. The additio~l restriction limitin;;
sign cAntent to business name only is unreasonable, anti small-business and not necessary to
meet the purposes of the code.
FROM COUNTRY SRMURRI COFFEE CO. PHONE N0. 8083220656 NOV. 08 2004 04: 16PM P6
PROPOSED ANtENDN1ENTS
Section 3-8. Exempt Signs. (4) The offering for sate of merchandise bearing incidental
advertising. including'books. magazines. and neWroneners. in ~r . ttewsstBncL vQp~,rgg
maJhir~r. rnek or OLP* Qlarp vvhnte aLMh m~ehwndi.Sti lug-Q'S:+
Y ]d3
Section 3-3-28. "Sign" means...(B) planed on or applied to real property outdoors, attached to
the exterior of buildings or structures or is plaxd-mer applied directly to the eztericn-vr-is,6crior
surface of a window; and...
Section 3-3-35. "Window Sign" meant any sign which is i
direct y w the surface of a window. (Note: Window is deHt>ed as an apeanne or opening in t11e
wall of a building which admits air to the interior or the building and allows visl'bility fivm
within and without).
RATIONALE
The proposed County code defines the merchandise displays as a sign, and therefore:. restrict,
`open-air' marketing gad the display of goods for self at a store front which are traditional and
widely-used business practices. Defining display as a sign without exempting merchandise drat
is regularly sold by a business is overly restrictive and in opposition to the State statirte regan~
outdoor advertising.
Without an exemption for mexubandise regularly sold at a place of business, sidewals sales,
storefront out~fdoor merchandise displays, farmer's market displays, and other relt~ted disp'~ays
would require sign permits. The proposed exemption is the same wording as found in HRS
Chapter445-112 (5), and this exernption would bring the County code in-line with the State
statue regarding outdoor advertising devices and the display of merchandise regularly sold by a
business.
In addition, propose deleting `insidefmterior' language from sigo/window sign defitutions to
eliminate equivocal code regarding regulating the `inside' of a store. Deleting insideJin for
language from the definitions brings the code in
line wilt HRS Chapter 445 which refers to
solely to o Advertising and the intent of the Hawaii County Sign Code to con:ml gSt~S2Qi
signs (Section 3-1(axl) and does not change the intent of the code to regulate signs on window
surfaces visible from public right-of--ways.
FROM COUNTRY SAMURRI COFFEE CO. PHONE NO. 8083220656 NOU. 08 2004 04:17PM P7
~"~aaf,er' P[o-n -~a r Ila.i (<.a - ~0l10. ~ i+~,7r: ~ Iq 4 `f'
k SECT~O ll`
2
GOALS AND OBJECTIVES
Based of the goals and objectives established for Kaih~e-Kona by the County's previrnrs
master plan and from public cotnmeats through the Master Plan Task Force, Workshop
session, and public information meetings the foIIowiag Goals, Objectives and TJrban Design
Concepts have been developed for the Kaffua-Kona Masten Plan.
2.1 GOALS
1. To maintain the continued role of Kailua Village as a tourist destination ~md
rctailin$ focus of Kona.
2. To maintain and enhance the character identified as "T'he Kona VJay of Life".
3. To be a guide for future development• and redevelopment, decision making
and plan implementation within the Kailua-Kona Master Plan ar:.a.
22 BJECTTVES
1. Preserve and enhance the natural environment by preservi:ag nari.tal
assets landscape and integrating them with pedestrian activities and new
development.
2. Improve the appearance and function of the pier and seawall areas.
3. Impxove beach and ocean access activities.
4. Discourage vehicle oriented development and encourage pedestrian activities,
via design guidelines, density, land use and cirdilation proposals.
2-1
FROM COUNTRY SRMURRI COFFEE CO. PHONE N0. 6863220656 NOU. 0B 2004 04: 17PM PB
e
3. MaterialslI'extums and~nlors
Diversity among structures is cnwuraged in order to express the
individual character of the business although simplicity of design and
limited color scheme art important.
Use of materials which are compah'ble to the vIDage atinosphearo of
]iCailua is encouraged. Tn general, natural materials such as local s~:one,
wood siding and shingles, slate, etc., are preferred to industrcil nr
artiScial materials such as raw ar exposed aggregate concrete, anodized
or galvanized metal, tinted glass, plastics, vinyls, etc.
Color to be used on exterior surfaces of bw7dmgs or structures sl;ould
be flmfted to natural tones (finishes or statn), which retain the su:-face
quality of the material The use of natural or earth tones that are not
gaudy or clashing shall be encouraged.
4. Roof hoes
All new buildings shall be designed so that a sloped roof line i:. the
predominant appearance (as opposed to flat roofs} Roof top
4 mechanical equipment shall be screened. See Figure 44.
5. Servict Elements
` Service elements such as trash areas, utility structu~rs shall be
screened.
45.2 Sienaee Criteria (Sta Figure 45 and 4-6)
Intrnt
A signs function is for identification (not advertising) and must bt clearly visitlc :o
cottvey information. The creation of a unified and consistent signage system conveys
information in an effective and attrnetive manner.
a-io
FROM COUNTRY SAMURAI COFFEE CO. PHONE N0. 6063220656
NOV. 06 2004 04:18PM P9
Attractive, coordinated, well designed signs have a positive impact on 'ooth lo~;aI
businesses and the community. They provide a defined identification of individual
businesses; stimulate business performance, create a pleasing environment tYiat va71
attract people; and enhance the image of the cottuuututy.
The type, size, and location of a sign can be determined by the inning ordjnance, but
the sign material, colors, and design must be determined through guidelines and
f review by the KWC.
t
Guideli~~pr $ggyew
' Location and relationships to buildings/site.
Simplicity, readability of signs.
Physical composition of sig>.s.
1 a. size and number of signs (12 sq. or 22 sq. ft based op frontage)
l b. shape (as related to site and butlding.)
a lettering -style, siu, proportions.
d. materials and color
1 e. t~lumination methods
A Location and Relatiomlti,Qs to Buddine. Site. Surtoundmes
Signage needs should be determined primarDy by criteria established by the
building's architecture, the relative size of the sign, and the message. Signs
should be an integral design element of a building's architecture ani, be
4 compattble with the building's style in terms of location, scale, color and
lettering.
Storefront commercial budding, signs should be cbn5ned to a long, contimious
"information band" directly above the storefront or applied directly on the
display window.
i
i
i
41.1
FROM COUNTRY SRMURRI COFFEE CD. PHONE N0. 8083220656 NOV. 08 2004 04:19PM P10
Wall signs are encouraged on older buildings since the lir,tcl ha: extend:
above the storefront of these buildings was designed to accomrnodats suet
signs, window signs placed on the storefront glass may ?a~ appropriate,
But~dings that were originally residential should be identitIed primanly through
a freo-standing sign. Projecting signs are especially approariate whe.1
btu7dings are located very close to the street, with little or no front yard.
Freestanding signs should consist of materials and onlors Simi?.ar to the primary
structure.
Consideration for sign placement should take into account whether tie sign
will be viewed by pedestrians, motorists or both. Signag~. should l~e
considered within its setting and designed according to the scale, texture, Gaud
proportion in which it will uIrimstely be viewed. Off-premise signage should
be in scale, color and proportion to surrounding properties to wr{eh the
message 9s being conveyed.
' Fitting cacti sign to its surroundings shall be a prime consideration. A si,~
4
shall complement the building it identifies and the theme of Railua':; vfllae
way of life as described in the Karlua Vs7lage design plan. It shall be a
planned Feature, reflecting the architectural scale, design, and color of t'ze
building or structure.
Landscaping. A free standing sign shoulfl offer an opportunity feu lands~mag
treatment at its base.
B, Simplicity an eadability
Simplicity and readabDity of signs should be stressed. k`reestanding sij~ss
relating to an assemblage of business, o.g., shopping centers, should bt
grouped and visually coordinated to reduce confusion. Sign should ae legi'alr.
412
FROM COUNTRY SAMURAI COFFEE CO. PHONE N0. 8083220656 NOV. OB 2004 04: 19PM P11
and appropriate to the business and its projected image.
C. Physical Com os1~ ition
1. Size and Number of Sins
Wall signs should not be more than 9 feet above grade level.
Monument signs, along major corridors, should be integrated with the
landscaping for the site.
The overall size and number of signs shall minimally dominate the
property or the building which it identifies.
Particular emphasis should be placed on the size of the sign in relation
to the speed limit along the corridor where it is placed. Figure 9-4
indicates driver reaction times for the determination of a maximum
effective readable sign size and is applicable to both on anct off-
premise signs. Narrow streets, small buildings, small frontyard
setbacks, and slaw moving traffic all demand small signs.
2. Shane
The shape of the sign shall seek to aesthetically and funeticmally
emphasize the message and not corttpete with the architecture of the
building.
3. j~ttetina
Subtleness, proportion, and design shall be emphasized in sign copy
and lettering. No more than two type faces is recommended.
4. Colors and Materials
Use of no more than three colors (for background, lettering, and
emphasis). Natural materials like wood and metal are encouraged,
although neon may have a place in certain areas- The use of a,ry
413
FROM COUNTRY SFaMURFaI COFFEE CO. PHONE N0. 8083220656 NOV. 08 2004 04:20PM P12
narural or earth tone color that is not gaudy er clltshng shall he
encouraged.
Diversity among signs is encouraged in order trr express the indivir[ur~l
character of each business, although simplicity of desiga and a limite3
wlor scheme are sn11 key. The use of any material which is compatble
to the Village atmosphere of Kailua shall be encouraged. Marteri~^l
includes, but is not limited to, wood, stone, ccerrvas, rcpe, litvshr~i cr
textured metal, or glass.
• 5. D]umination
When an illuminated sign is used, the light intensity, color illurninatoi•.,
and the careful screening of the light source shall be G~nsidered must
comply with County light code (re: Observatory).
4.5.3 Iandsraoe
Intent
Plantings arc one of the simplest and most effective means of imprrrvir:g the visrr&1
qualify of the streetscape. They areaway of defining the road hieaarch./, can be
used to sateen headlight glare, reduce visual Impacts of adjacent surface parking lou,
overhead uttlities, service areas or undesirable views, provide Shade fo:- a cooler rnorr:
pleasant environment, improve the visual quality of the area and orovii-e sF~Etiai
definition.
Where there is a desire to enhance the lush green environment that charaater:'ze.
Kailua-Kona ,there are some major concerns in the Kona area a~th regard to vntc°
consumption. Ail proposed plantings should incorporate basic xeris~xpe prnciF~le:a
via appropriate plant material placement and selections with dnroght resisfati:
qualities along with water conserving irrigation technology.
4-14
FROM COUNTRY SAMURAI COFFEE CO,
PHONE N0. 8083220656
NOV. 08 2004 04:20PM P13
N~
afl
c~a s;Yns v~;rn
~(r ~ ~ are Fret~r'rai ova
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41''~+p
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WIA1c r ~ a;gam ta:
~ Commerdal ('enters.
Figure 4-S
SIGNS
KAII.LIA - ~~ONA
M A Sp~T ~_p L
SOP Nwv~¢ gc..elo oa R,.vJ¢
FROM COUNTRY SRMURRI COFFEE CO. PHONE N0. 6063220656 NOV. 08 2004 04:21PM P14
r
Number of lanes I Speed Raaetlon Time DfWeee Travelled p~ Remctlem Ttma I.elev NeiDM Total Sign ,1ra+
(MPH) (sewndsl Featl Irxtwc) 1 (sa;,ee Fever.
Two 15 8 176' 4" ~T g
30 352' 7" 25
45 528' 10' S0
~ 704' 14" 100
•..1 ^a'.~TC-' ~i~?Gi~t. ?3:.~Ji r!p:flaiXe?':.
Four 15 ~ 30 220' 4" 8
30 440' 9" 40 ~
45 660' 13" 90 I
60 880' 17" 15C ~
i'.. , ~ ~ ~ . ' . ~'r.'!:i'~^mw.a:JR x`47 : xi :b'.R:.'_^. Y'.'~.+~
Six 15 .11 242' _ 5" 13
30 484' g^ 40
45 726' 14" lOG
60 969' I9" 19C
Expressway 60 ~~~12 1056' 21" 230
Sourtb: ShrcveportMcDnyolilanPlanningCommisslon.'•SignSeose",1986.
Zhis chart indicates the approp~liate signage letttr sizes based
on visibility from a waving vehicle,
Figure 4-6
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KAIC.LTA - ~ONi~
mans®wx
ODtt1YTTOF NwvrM WnNDOFNiWna
FROM COUNTRY SRMURRI COFFEE CO. PHONE N0. 8083220656 NOV. 08 2004 04:21PM P15
palzr rv. ovsvooxt Txsar~
$445-Iii Defin9.tions. As used in this chapter:
(1) "Outdoor advertising device^ means arxy device_
which is:
lA) A writing, picture, painting, 'igY~t,
model, display, emblem, sign, or s:.mi7 ar
device situated outdoors, which i.s so
designed that it draws the attention of
persons in any public highway, par7, or
other public pl.aoe to any property,
services, entertainment, or amusement,
bought, sold, rented, hired, offered, or
otherwise traded in by any person, or tc
the place or person where or by whom :;vch
buying, selling, renting, hiring, offerinc,
or other trading is carried on;
(B) A sign, poster, notice, bill, or word
or words in writing situated outdoors and
so designed that it draws the attention of
and is read by persons in any pibli.c
highway, park, or other public place; or.
(C) A sign, writing, symbol, or emblem made
of lights, or a device or design made of
lights so designed that its primary
function is not giving light, wY~ich is
situated outdoors and draws the attention
of persons in any public highway, park or
other public place_
(2) ^Billboard^ is any board, fence, or similar
structure, whether free-standing or supported by car
placed against any wall or structure, which i;~
designed or used for the principal purpose of
having outdoor advertising devices placed, po>ted.
or fastened upon it.
(3) Any person who, by oneself or through any age:tt
or independent contractor, maintains or displays
any outdoor advertising device, or any person who
knowingly causes any outdoor advertising device
advertising the person's products, merchandise, or
services to be displayed by oneself or any agent ~r
independent contractor; or any person who, being in
possession of any land, building, or part of a
building, permits any outdoor advertisi~ag device on
the land, building, or part of a building, shall be
' deemed to be displaying an outdoor advert_..sir~a
device.
't IlG200~4 ~~_I~) F
1 oft
ucv.~i.c.
t Ilt./2(IOl .:;b9 F
1 of 2
t,vS~CU .oy any public officer in the performanc~_ of
a public duty, or posted by any person required to
do so by any law or rule having the force of 1,3w;
(2) Any outdoor advertising device announcing ;a
meeting or series of meetings is not prohibited by
this section i£ displayed on the premises whero: the
meeting or series of meetings will be or is being
held. Meeting, as used in this section, include>_s
all meetings regardless of whether open to the
public or conducted for profit and incluces bu~_ ws
not limited to sports events, conventions, fairs,
rallies, plays, lectures, concerts, motion
pictures, dances, and religious services;
(3) Any outdoor advertising device indicating •~hat
the building or premises on which it is displayed
is the residence, office, or place of business,
commercial or otherwise, of any individual.,
partnership, joint venture, association, club, ox
corporation, and stating the nature of tkce
business;
(4) Any outdoor advertising device that advertises
property or services that may be bought, rented,
sold, or otherwise traded in on the premises or in
the building on which the outdoor advert:~sing
device is displayed; _
(S) The offering for sale of merchandise bearing
incidental advertising, includa-ng books, magazines,
and newspapers, in any store, newsstand, vending
machine, rack, or other place where such
merchandise is regularly sold;
(6) Any outdoor advertising device offering ary
land, building, or part of a building fo:r sale or
rent, if displayed on the property so of£e~~ed or on
the building of which part is so offered;
(7) Any outdoor advertising device carried by
persons or placed upon vehicles used for the
transportation of persons or goods;
Any outdoor advertising device warning the
public of dangerous conditions that they may
encounter in nearby sections of streets, road::,
t of 3