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HomeMy WebLinkAboutCOM 0042.080 2002-2004 FROM CDUhlTRY SRMURR[ COFFEE CD. PHONE ND. 8083220656 NOV. 08 2004 04:13PM P1 V ? qb ~L' Comm. No. ~Z.Q ~ Ref. To; ~YefO~M IZef _`a'~ V ~ 7~~~ 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 ..v-r.,.,.,~~.e.~...~.,... W,...~ _ 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 G 41''~+p (INK ? 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 SX<311i ~EtI i`LR[A 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