HomeMy WebLinkAboutRES 726 Draft 01 2014-2016 M`v os p ;.
COUNTY OF HAWAII STATE OF HAWAII
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RESOLUTION NO. 726 16
RESOLUTION GRANTING A VARIANCE FROM CHAPTER 3, SECTION 3-12(a)
HAWAII COUNTY CODE 1983 (2005 EDITION,AS AMENDED), TO ALLOW ONE
GROUND SIGN AT THE NEW ENTRANCE TO WAIKOLOA BEACH RESORT,AT
THE INTERSECTION OF WAIKOLOA BEACH DRIVE AND QUEEN KA'AHUMANU
HIGHWAY, TMK NUMBER(3) 6-09-008:030 (ZONED "0" OPEN DISTRICT).
WHEREAS, Waikoloa Development Co., (hereinafter"Applicant"), a business located
at 1001 Bishop Street, Ste. 2880, Honolulu, HI, 96813-3486, owner of the property identified as
TMK No. (3) 6-09-008:030, located at the new entrance to Waikoloa Beach Resort, at the
intersection of Waikoloa Beach Drive and Queen Ka'ahumanu Highway, Hawai`i, 96738,
(hereinafter the"Subject Property"), submitted to the Director of the County Department of
Public Works, an Application for a sign variance dated August 10, 2016, from the eight square
feet area limitation set forth in Section 3-12(a), Hawai`i County Code 1983 (2005 Edition, as
Amended), for the Subject Property (hereinafter"Application"); and
WHEREAS, said Application contains all information and attachments as required by
Section 3-22(b), Hawai'i County Code and all fees have been paid as required by Section 3-24,
Hawai`i County Code 1983 (2005 Edition, as Amended); and
WHEREAS,the Subject Property is located at the new street entrance to Waikoloa
Beach Resort, at the intersection of Waikoloa Beach Drive and Queen Ka'ahumanu Highway,
Hawai`i, 96738, and has in excess of one hundred twenty(120) linear feet of frontage along
Queen Ka'ahumanu Highway; and
WHEREAS, Section 3-12 provides that the following signs are allowed, with a permit,
in agricultural/open districts: (a) Ground sign. One ground sign not exceeding eight square feet
in area, relating to a business conducted on the premises, provided that the building in front of
which the sign is displayed is set back not less than thirty feet from the street. (b) Wall sign. One
wall sign, not exceeding thirty-two square feet in area upon any wall of a structure on the premises
related to the business conducted on the premises.
WHEREAS, Applicant seeks a variance from Section 3-12(a)to permit the erection of a
ground sign where (1)the sign will not visually impede the views of adjoining properties, (2)the
sign will not confer any special or added benefit to one establishment over another, (3)the sign
will follow the motif of the other ground sign at the south end of the resort, (4) the sign will be in
character with the surrounding natural landscape, (5)the sign will be large enough to be visible
to drivers on Queen Ka'ahumanu Highway, (6)the sign will be reasonably set back from the
intersection in order to avoid a traffic distraction; and
WHEREAS,the proposed sign will be placed on the ground at the new entrance to
Waikoloa Beach Resort, at the intersection of Waikoloa Beach Drive and Queen Ka'ahumanu
Highway, Hawai`i, 96738, approximately 16 feet from the property line along the Waikoloa
Beach drive frontage and approximately 10 feet from the Queen Ka'ahumanu Highway frontage;
and
WHEREAS,pursuant to Section 3-22(a), Hawai'i County Code 1983 (2005 Edition, as
Amended), the Hawai'i County Council may grant,by resolution, a request for a variance from
any provision of Chapter 3 where the conditions delineated in Section 3-23(a) exist; and
WHEREAS, pursuant to Section 3-23(a), Hawai'i County Code 1983 (2005 Edition, as
Amended), a variance may be granted where (1)the variance is necessitated by peculiar physical
conditions not ordinarily found in most districts, because of the peculiarity of the business, or as
a result of a special event or circumstance; (2) granting the variance will not adversely affect the
rights of adjacent property owners or tenants; (3) granting the variance will not unreasonably
violate the interest, safety, convenience, or general welfare of the public; (4) a strict application
of the terms of this chapter would work unnecessary hardship and practical difficulty upon the
applicant or the community; (5) granting the variance will not constitute a grant of personal or
special privilege inconsistent with the limitations upon other properties under identical
ordinances, statutes or rules; and(6)the application is complete; now, therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, in
accordance with Hawai`i County Code Section 3-22(a), that the Application of Waikoloa
Development Co., for a variance from Hawai`i County Code Section 3-12(a)be and hereby is,
GRANTED, subject to the following conditions:
1. The variance shall allow for a ground sign substantially as represented in the
Application as to size, design, location, construction and other material
characteristics;
2. The variance shall run with the land and remain in force for so long as the Applicant
or a successor shall continue its business at the Subject Property;
3. Should Applicant's business operations at the Subject Property cease, the variance
shall terminate; and
4. For other good cause,the variance may be terminated by resolution of the Hawai`i
County Council, upon notice to the Applicant and adjacent tenants and hearing as
would be required for an Application for a variance under the Hawai`i County
Code.
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BE IT FINALLY RESOLVED that the Clerk of the County of Hawai`i is directed to
transmit copies of this resolution to the Mayor of the County of Hawai`i; the Department of
Public Works; the Office of the Corporation Counsel; and to Waikoloa Development Co.,
Applicant.
Dated at Kona , Hawai`i,this 21st day of December , 2016.
INTRODUCED BY:
•
ii, / ' ,, A,
COUNCIL MEMBER, COUNTY OF HAWAII
COUNTY COUNCIL ROLL CALL VOTE
County of Hawai`i AYES NOES ABS EX
Hilo, Hawai`i CHUNG X
DAVID X
I hereby certify that the foregoing RESOLUTION was by EOFFX
the vote indicated to the right hereof adopted by the COUNCIL of the KANUHA X
County of Hawai`i on December 21, 2016 .
LEE LOY _ X
_0'HARA X
ATTEST: POINDEXIER X
) RICHARDS X
•4CA,A,J\ / 1 . g2"...6„) RUGGLES X
9 0 0 0
Reference: C-1179/PWPRC-55
COUNTY CLERK CHAIRPERSON&PRESIDING OFFICER RESOLUTION NO. 726 16
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