HomeMy WebLinkAboutCOM 0680.003 1996-1998 ~tY OF /F, -INFO x
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Date._..___~~~`".1-~---_-- Chief Engineer
Stephen K. Yamashiro
Magur County Counol )iro A. Sumach
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DEPARTMENT OF PUBLIC WORKS
25 Aupuni Street, Room 202 • Hilo, Hawaii 96720-4252
(808)961-8321. Fax (808)961-8630
March 23, 1998
MEMORANDUM
To DOMINIC YAGONG, Chairman ~
Committee on Public Works & Parks ~ 0 *~I ~
From DONNA FAY K. KIYOSAKI, Chief Engineer
SUBJECT COMMERCIAL USE OF COUNTY ROAD RIGHT-OF-WAY
760 Kilauea Avenue -Relating to Communication 680
The Department of Public Works is opposed to commercial use of our road right-of-way. This includes cafe
table service, advertising, street side vending and other similar activities. Our reasons for opposing these
uses include:
• Driver distraction. Fundamental to safe driving is the need for motorists to focus their attention on the
road. Advertising, roadside vending and merchandise displays distract and draw the driver's attention
away from the road. This results in a safety risk for the motoring public, bicyclists and pedestrians and
could be a potential liability for the County of Hawaii.
• No regulatory criteria for advertising signs. There are no regulations or guidelines regarding size,
shape, quantity, or spacing for roadside advertising as this activity is not sanctioned by any State or
National highway design manual. Because there are no recognized guidelines and no criteria to use in
considering cumulative impacts, we oppose the approval of such signs.
• Visual impacts. Besides driver safety considerations, visual impacts of street-side advertising must also
be considered. We strongly recommend that comments regazding aesthetic and visual impacts be
solicited from community groups like the Outdoor Circle.
• Sight Distances. Signs, cafe table service, merchandise displays can limit the sight distance from
adjacent driveways and streets. In this particular case, there is a private driveway on the Puna side of the
applicant's property and Wilson Street on the Hamakua side. If this matter is to be considered, the
applicant should have a sight distance study conducted by a registered professional Civil~E(ngineer.
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Memorandum to PWC Chair Dominic Yagong
Page 2
March 23, ] 998
• ADA Requirements. Because a public walkway is being used, plans must be reviewed and approved by
the Stale Commission for Persons with Disabilities. When submitting plans to the Commission for
review, the plans should be drawn to scale, should identify all existing obstructions such as the "No
Parking" signs fronting the applicant's property and should account for the space occupied by his
customers. As a general note, we recommend [hat plans for existing permits issued by the Council also
be reviewed by the Commission for Persons with Disabilities.
• Roadside Design. Nationally, approximately 40% of all fatalities involved vehicles running off the road
and colliding with an object on the roadside. This problem was so significant that i[ warranted the
creation of a special national task force of highway experts and officials who, in ]989, developed the
AASHTO Roadside Design Guide. We feel it is prudent to follow [his design guide which has standards
for the proper construction and use of shoulders and other roadside infrastructure. This design guide
does no[ have any technical standards for either roadside advertising or vending since Federal and State
transportation officials do not condone these activities.
• Other Considerations. The use of public lands for private economic benefit without equitable public
compensation is a concern. It allows a vendor to establish a sales area utilizing free public lands with
none of the normal costs of doing business. This places other businesses in the area which operate on
appropriately zoned lands, at an economic disadvantage. This issue was raised when roadside vendors
attempted to operate in the Kailua Village area.
For the above reasons we recommend that [he subject application be deferred. The existing version of
Chapter 22 fails to consider ADA, aesthetic, safety and other impacts associated with roadside advertising
and commercial activities. We are currently working with the Legislative Auditor's office in revising
Chapter 22 and hope to have a draft for Council review soon. Because this issue is complex, public input and
full discussion of the commercial use of County roads at Council meetings should occur before specific
applications are considered. If you have any questions, please contact the Galen Kuba, Engineering Division
Chief at x8327.
cc: ENG-Hilo
TRF
Corporation Counsel
Planning Department
Police Department
Hilo Outdoor Circle