HomeMy WebLinkAboutCOM 0155.001 2018-2020tYfOF N ••,
From the office of- q,, Office: (808)961-8396
Council Memberas Fax: (808)961-8912
District 3-Hilo and Puna it Email: sue.leeloy@hawaiicounty.gov
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SUSAN L.K. LEE LOY
25 Aupuni Street,Hilo,Hawaii 96720 I -'< --i
co
TO: Aaron S.Y. Chung, Chair
and Members of the Hawai`i County Council co
FROM: Sue Lee Loy, Council '- :- ir
DATE: March 8, 2019 S
SUBJECT: Proposed Amendments to Resolution No, 92; Resolution granting a variance from
Chapter 3, Section, 3-6 (b) (3), 3-58 (b), 3-58 (c) and 3-60 (a), Hawai`i County
Code 1983 (2016 edition, as amended),to allow two wall signs and two
directional signs on 75-146 Sarona Road, TMK Number(3) 7-5-007:009 (zoned
U" CG-20, Kailua Village Special Design District).
Please see below proposed amendments to Resolution No. 92. These amendments 1)provide
clarity as to the nature of the variances sought; 2) require the applicant to provide an updated
application to the Council and the Kailua Village Design Commission; and 3) correct
multiple formatting issues.
Thero osed amendments are illustrated below in Ramseyer format with respect to the contentsppY
of Resolution No. 92.Material to be deleted is bracketed and stricken; new material is
underscored.
1. The title ofResolution No. 92 is amended to read as follows:
A RESOLUTION GRANTING A VARIANCE FROM CHAPTER 3, ARTICLE 1,
DIVISION 4, SECTION 3-6(b)(3), [SEC-TION,3 6-(h
AND CHAPTER 3 ARTICLE 2 DIVISION 2 SECTIONS 3-58 b 3-58 c AND 3-60 a
OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), TO
ALLOW TWO WALL SIGNS AND TWO DIRECTIONAL SIGNS ON 75-146 SARONA
Comm, N 155. 1
Ref.To: V MTS
Ref.Date MAR 12 2019
ROAD, TMK NUMBER(3) 7-5-007:009 [(ZONED "U" CC 20,KAILUA VILLACE
2. The first WHEREAS clause is amended to read as follows:
WHEREAS, Kona Hospitality LLC, the owner(hereinafter"Applicant") of a business
on the property identified as TMK No. (3) 7-5-007:009, located at street address 75-146 Sarona
Road, Kailua-Kona, Hawai`i, 96740 (hereinafter the "Subject Property"),has submitted to the
Director of the County Department of Public Works, an Application for a variance dated April 9,
2014 (hereinafter"Application")k] from [ - . - - --•_ -- Section [3
b),] 3-58(b), "In any case, the total area allowed shall not exceed twelve square feet for any sign
not fronting a public street or vehicular access or for any sign located within the Kailua Village
Core"; Section 3-58(c), "Any lettering or symbol, including free-standing letters, shall not
exceed nine inches in height"; [number of wall and ground sign limitation of Section 3 6 (b) (3),]
Section 3-6(b)(3), "Only one ground sign shall be permitted per lot, even if the lot is occupied by
multiple businesses"; and [3 60 (a),] Section 3-60(a), "Only one sign for any business or one
sign for any street or vehicular access on which a building has frontage shall be permitted" as
provided in the Hawai`i County Code 1983 (2016 Edition, as Amended), for the Subject
Property; and"
3. The second WHEREAS clause is amended to read as follows:
WHEREAS, said Application is complete and current with all information and attachments
and fees paid as required under Sections 3-22 and 3-24, Hawai`i County Code 1983 (2016
Edition, as Amended); and"
4. A new WHEREAS clause is inserted as the third clause to read as follows:
WHEREAS, said complete and current Application has received an updated
recommendation from the Kailua Village Design Commission; and"
5. The fourth WHEREAS clause is amended to read as follows:
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WHEREAS, the Subject Property [i:i-a retail commercial/office] includes a hotel building
located at 75-146 Sarona Road, Kailua-Kona, Hawai`i, 96740, [which] and has in excess of one
hundred twenty (120) linear feet of frontage along Sarona Road; and"
6. The fifth WHEREAS clause is amended to read as follows:
WHEREAS, the two (2)proposed [two (2)] wall signs will be placed on the building as
follows: Sign 1 will be located above the main entrance at the second floor along the Sarona
Road frontage; and Sign 2 will be located approximately three (3) feet above the third floor level
along the east property frontage at the south end of the building[.-]; and"
7. The sixth WHEREAS clause is amended to read as follows:
WHEREAS, the two (2)proposed [two (2)] ground directional signs will be placed at a
maximum height of[48–'] forty-eight (48) inches above the ground at the two property access
points along the Sarona Road[..-];and"
8. The seventh WHEREAS clause is deleted:
WHEREAS,under Section 3 23(a)T14-aweiii County Code 1983 (2016 Edition, as
Amended),the variance may be'granted where (1),thevariance is necessitated by the peculiarity
of the Applicant's outside sign requirements, ( - • ' • - .
e-Appl is uest, (3)the granting ofthe variance
will not unreasonably vie'o e es -safety, cone ce r-general welfare of the public
inasmuch as the proposed signv ide fy-h–leien-ef-tle- lrie.. '. .. •-- - --• -
the public and no other outside identification exists for the ant's business along any street
frontage, ('1) a strict applicat':- : minty Code to the Applicant would work an
unnecessary hardship and practical difficulty on the- le - •
eet frontage,
5) granting the variance will note t of personal or special privilege inconsistent
s under-identical ordinances, statutes, or rules, inasmuch
as the variance would allow the applicant the same gener l—p i ges enjoyed by other
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businesses and commercial/industrial,uses-in the Countyether.Kailua Village uses are highly
visible from the public rights of way and are of a scale and setback appropriate for restricted
signage and, (6)the limited variance allowing an increase from one to two signs for this
business. Sign 1 letters shall be no more than 8"tall, and the "H"monogram logo shall be no
e.feet. Sign 2 letters shall be no more
than 6"tall, and the "H" monogram logo shall be no larger t- - " .
greater thanl'l square feet and will comply with all other requirements of the County Code; and]
9. The following clause becomes the seventh WHEREAS clause and is amended to read as
follows:
WHEREAS,under Section 3-22(a),.Hawai`i County Code 1983 (2016 Edition, as
Amended), the Hawai`i County Council is authorized to grant, by resolution, a request for a
variance from any provision of[the] Chapter 3 ifthe request meets the standards of Division 6 of
Chapter 3 of the County Code; [now,therefore,] and"
10. A new WHEREAS clause is inserted as the eighth clause to read as follows:
WHEREAS, pursuant to Section 3-23 of the County Code, the Council finds that the six
conditions that must be satisfied to grant each ofthe four variances are resolved as follows:
1. Granting the variance is necessitated by peculiarphysical conditions not ordinarily
found in most districts, because of the peculiarity of a business, or as a result of a
special event or circumstance: The international franchise brand being represented by
the Applicant has established standards regarding the size and placement of signs;
2. Granting the variance will not adversely affect the rights of adjacent property owners
or tenants: The adjacent tenants have approved the.Applicant's request;
3. Granting the variance will not unreasonably violate the interest, safety, convenience,
or general welfare of the public: The proposed sign will identify the location ofthe
Applicant's business premises for the public and no other outside identification exists
for the Applicant's business along any street frontage;
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4. A strict application of the terms of this chapter would work unnecessary hardship and
practical difficulty upon the applicant or the community: Another larger entity has
obtained a variance for placement on the same wall along the same street frontage;
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: The variance would allow the Applicant the same general privileges
enjoyed by other businesses and commercial/industrial uses in the County;
6. The application is complete: A complete and current application has been transmitted
to the Council prior to consideration of this resolution; and"
11. A new WHEREAS clause is inserted as the ninth clause to read as follows:
WHEREAS Si.n 1 letters shall be no more than ei.ht 8 inches tall and the "H"
monogram logo shall be no larger than sixteen (16) inches tall with a total area no greater than
twenty(20) square feet Sign 2 letters shall be no more than six (6) inches tall, and the "H"
monogram logo shall be no larger than twenty-five (25)inches tall with a total area no greater
than fourteen (14) square feet and will comply with all other requirements of the County Code;
now, therefore,"
12. The enacting clause is amended to read as follows:
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 Kona Hospitality
LLC, for a variance from Hawai`i County Code [Section 3 58(c)be and hereby is,] Section 3-
6(b)(3), Section 3-58(b), Section 3-58(c), and 3-60(a) is hereby GRANTED, subject to the
following conditions:
1. The variance shall allow for two wall signs and two ground/directional signs
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.
5
3.Should Applicant's business operations at the Subject Property cease, the variance
shall terminate.
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."
13. The final enacting clause is amended to read as follows:
BE IT FINALLY RESOLVED that the County Clerk [of the County of Hawai`i is
directed to] shall transmit [copies] a copy of this resolution to the Mayor [ofthe County of
Hawai`i;the Department] Director of Public Works[. -. s - --], the Corporation
Counsel[;]1 and [te] Kona.Hospitality LLC[., Applicant]."
A draft copy of the draft 2 of this bill that would result if these proposed amendments are
adopted is attached.
SL/ps
Att.
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A RESOLUTION GRANTING A VARIANCE FROM CHAPTER 3,ARTICLE 1,
DIVISION 4, SECTION 3-6(b)(3),AND CHAPTER 3,ARTICLE 2, DIVISION 2,
SECTIONS 3-58(b),3-58(c), AND 3-60(a) OF THE HAWAII COUNTY CODE 1983 (2016
EDITION,AS AMENDED), TO ALLOW TWO WALL SIGNS AND TWO
DIRECTIONAL SIGNS ON 75-146 SARONA ROAD, TMK NUMBER(3) 7-5-007:009.
WHEREAS, Kona Hospitality LLC, the owner (hereinafter"Applicant") of a business
on the property identified as TMK No. (3) 7-5-007:009, located at street address 75-146 Sarona
Road, Kailua-Kona, Hawai`i, 96740(hereinafter the"Subject Property"), has submitted to the
Director of the County Department of Public Works, an Application for a variance dated April 9,
2014 (hereinafter"Application") from Section 3.58(b), "In any case, the total area allowed shall
not exceed twelve square feet for any sign not fronting a public street or vehicular access or for
any sign located within the Kailua Village Core"; Section 3-58(c), "Any lettering or symbol,
including free-standing letters, shall not exceed nine inches in height"; Section 3-6(b)(3), "Only
one ground sign shall be permitted per lot, even if the lot is occupied by multiple businesses";
and Section 3-60(a), "Only one sign for any business or one sign for any street or vehicular
access on which a building has frontage shall be permitted" as provided in the Hawai`i County
Code 1983 (2016 Edition, as Amended), for the Subject Property; and
WHEREAS, said Application is complete and current with all information and attachments
and fees paid as required under Sections 3-22 and 3-24, Hawai`i County Code 1983 (2016
Edition, as Amended); and
WHEREAS, said complete and current Application has received an updated
recommendation from the Kailua Village Design Commission; and.
WHEREAS,the Subject Property includes a hotel building located at 75-146 Sarona Road,
Kailua-Kona, Hawai`i, 96740, and has in excess of one hundred twenty(120) linear feet of
frontage along Sarona Road; and
WHEREAS, the two (2)proposed wall signs will be placed on the building as follows: Sign
1 will be located above the main entrance at the second floor along the Sarona Road frontage;
7
and Sign 2 will be located approximately,three(3) feet above the third floor level along the east
property frontage at the south end of the building; and
WHEREAS,the two (2)proposed ground directional signs will be placed at a maximum
height of forty-eight(48) inches above the ground at the twoproperty access points along the
Sarona Road; and
WHEREAS, under.Section 3-22(a), Hawaii,County Code 1983 (2016 Edition, as
Amended),the Hawai`i County Council is authorized to grant, by resolution, a request for a
variance from any provision of Chapter 3 ifthe request meets the standards of Division 6 of
Chapter 3 ofthe County Code; and
WHEREAS,pursuant to Section 3-23 of the County Code, the Council finds that the six
conditions that must be satisfied to grant each of the four variances are resolved as follows:
1. Granting the variance is necessitated by peculiar physical conditions not ordinarily found
in most districts, because of the peculiarity of a business, or as a result of a special event
or circumstance: The international franchise brand being represented by the Applicant
has established standards regarding the size and placement of signs;
2. Granting the variance will not adversely affect the rights of adjacent property owners or
tenants: The adjacent tenants have approved the Applicant's request;
3. Granting the variance will not unreasonably violate the interest, safety, convenience, or
general welfare of the public: The proposed sign will identify the location of the
Applicant's business premises for the public and no other outsideidentification exists for
the Applicant's business along any street frontage;
4. A strict application of the terms of this chapter would work unnecessary hardship and
practical difficulty upon the applicant or the community: Another larger entity has
obtained a variance for placement on the same wall along the same street frontage;
5. Granting the variance will not constitute a grant ofpersonal or special privilege
inconsistent with the limitations upon other properties under identical ordinances,
statutes, or rules: The variance would allow the Applicant the same general privileges
enjoyed by other businesses and commercial/industrial uses in the County;
8
6. The application is complete:-A complete and currentapplication has been transmitted to
the Council prior to consideration of this resolution; and
WHEREAS, Sign 1 letters shall be no more than eight(8) inches tall, and the "H"
monogram logo shall be no larger than sixteen (16) inches tall with a total area no greater than
twenty (20) square feet. Sign 2 letters shall be no more than six (6) inches tall, and the "H"
monogram logo shall be no larger than twenty-five (25) inches tall with a total area no greater
than fourteen (14) square feet and will comply with all other requirements of the County Code;
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 Kona Hospitality
LLC, for a variance from Hawaii County Code Section 3-6(b)(3), Section 3-58(b), Section 3-
58(c), and 3-60(a) is hereby GRANTED, subject to the following conditions:
1. The variance shall allow for two wall signs and two ground/directional signs 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 longas the Applicant or a
successor shallcontinue its business at the Subject Property.
3. Should Applicant's.business operations at the Subject Property cease,the variance shall
terminate.
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.
BE IT FINALLY RESOLVED that the County Clerk shall transmit a copy of this
resolution to the Mayor,the Director of Public Works, the Corporation Counsel, and Kona
Hospitality LLC.
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