HomeMy WebLinkAboutCOM 0965.064 1998-2000V izwpoint - No Gas Station at Church Row
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Go to WCA home page to review the full set of proposed property use and
design plans submitted by the land owner.
You are encouraged to spread the word about the proposed gas station
at Church Row. Please send your opinions.
VIEW POINT
Peter T. Young
No Gas Station at Church Row, Waimea
(Submitted: August 16, 2000)
Rendering of Proposed Minit-Stop
Gas Station /Convenience Store /Car Wash ° .
View from Mamalahoa (from Hospital toward Imiala)
http://www.kamuela.com/wcakiewpointhtm
Zoning Ordinance Requires Plan Approval
Private Property Rights —.Not Exclusive, Nor Unconditional
Proposed Useand.Buildings Conflict with Hawaii County General Plan
Traffic Concerns — Recommendation for Study
Water & Wastewater Concerns— Compliance Study Required
Proposed Use Conflicts with Waimea Design Plan Objectives
Summary Issues and Concerns from the Community
Proposed Buildings Conflict with Waimea Design Plan Design Objectives
Proactive Versus Reactive Response
Landowner is Not a Bad Person - He Just Has a Bad Idea
Waimea: Rural Paniolo Town or Cross - Island Fueling Depot?
Waimea at the Crossroads
Recommendation to Deny Plan Approval, Use and Building Permits
Someone is proposing to build and operate a Minit Stop Gas Station /Convenience
Store /Car Wash on property situated on Church Row adjacent to the Keck
Observatory base facilities in Waimea.
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CT)
This view point addresses prospective Plan Approval and other permits required for
the project to continue. I am writing in my capacity as President of the Waimea
Community Association (WCA) and my comments are based on personal opinion and
statements expressed by community members.
At a recent WCA Town Meeting featuring the proposed use, the community voiced
the opinion that just because the property owner may have the "right" to build a gas
station /convenience store, it does not mean it is the right thing to do.
Apparently the landowner isn't listening to the near unanimous position taken at that
community meeting, attended by more than 150 people with over 40 people
expressing their objections to the project. qbs� �Dy
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All speakers provided firm, but polite statements of opposition to the gas
station /convenience store proposal — its use and probable design.
When the audience was asked its position on the project, virtually everyone stood in
opposition. Only representatives of prior and present landowners remained seated.
The community did not say the owner cannot do anything with his land. On the
contrary, many expressed support for his right to build an office or medical building
or similar use and indicated they would assist him if he pursued these more passive
uses of the site.
Zoning Ordinance Requires Plan Approval
The Hawaii County Zoning Ordinance states that Plan Approval is required for the
proposed use and the Plan Approval process is established to allow closer inspection
of developments to ensure their conformance with the General Plan and to ensure
pertinent conditions have been implemented.
The Zoning Ordinance further states that the Planning Director may issue Plan
Approval subject to conditions or changes to proposals which are necessary to carry
out and further the purposes of zoning. It further states: the director shall consider
the proposed structure, development or use in relation to the surrounding property,
improvements, streets, traffic, community characteristics and natural features.
I understand the landowner has or will shortly submit applications for Plan Approval
and other use and building permits. This letter is submitted in anticipation of these
applications. My comments are based on preliminary drawings submitted by the
landowner, conversations with the owner and Town Meeting comments.
Private Property Rights — Not Exclusive, Nor Unconditional
Some have suggested that since the property is zoned Village Commercial, the
property owner has private property rights that inherently and unilaterally permit
him to construct and use his proposed buildings as a gas station /convenience
store /car wash.
Private property rights permit an owner to build and use legally permissible
improvements on his property. BUT ... private property rights are not exclusive, nor
are they unconditional.
The same document (Zoning Ordinance) that grants the conditional right to build and
use an automobile service station on the site also requires that the Planning Director
assure that the use and structure conform to the General Plan and further limits how
and where the improvements are constructed.
Because the proposed use and building design do not conform with various Plans and
the surrounding neighborhood, and actually conflict with the nature of the
neighborhood, I believe the Plan Approval application and related use and /or building
permits should be denied.
Proposed Use and Buildings Conflict with Hawaii
County General Plan
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The General Plan describes itself as the policy document for the long -range
comprehensive development of the island of Hawaii. It provides the direction for the
future growth of the County and brings into focus the relationship between residents
and their pursuits and institutions. The General Plan provides the legal basis for
intermediate regional and functional plans, as well as provides the basis for Zoning.
One of the two stated Goals in the General Plan relative to commercial development
states the General Plan is to "provide commercial developments that complement
the overall pattern of transportation and land usage within the island's regions,
communities and neighborhoods."
The proposed use clearly does not 'complement' the neighborhood. In fact, it
conflicts with the land usage in the neighborhood and, if permitted, will change —
not complement — the nature of the neighborhood.
The subject property sits in the middle of an area that is a significant link between
Waimea's past and future.
The property is situated among a significant collection of Waimea's churches
(including Imiola Church which is on the Hawaii Register and National Registry of
Historic Places) and its neighbors include the campus -like North Hawaii Community
Hospital (Hospital), Waimea Civic Center and WM Keck Observatory base facilities
(Keck). The neighborhood also has a passive park (Church Row Park) situated across
Church Row road from the subject property.
Community opposition to active use in this area is not new. When Church Row Park
was proposed to be redeveloped to include a soccer field, the community rose in
opposition, noting its desire to retain the tranquil and peaceful nature of the area
(even though opposition meant delay in construction of much - needed active playing
fields for our children and families.)
The proposed use will forever change the look and nature of the neighborhood; this
conflicts with the goal of the General Plan and, therefore, the Plan Approval
application and other use and /or building permits should be denied.
Traffic Concerns — Recommendation for Study
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While we do not know the anticipated amount of automobile traffic that might
ultimately use the proposed gas station /convenience store /car wash, the developer
indicates that approximately 100 cars per day are projected to use just the car wash
component of the site — we can expect the gas station /convenience store
components will significantly surpass this activity.
This is a significant increase in daily use of the neighborhood roads. The proposal
could cause significant negative impacts in the area, particularly when compared
with the passive, peaceful nature of the existing neighborhood. The proposed use
may require that extensive improvements be made to the intersection and roadway
adjoining the property.
In order to effectively identify the anticipated automobile traffic impact that this
proposal may cause, the developer should be required to prepare an extensive traffic
study. This study should identify anticipated traffic counts and identify the impact on
the surrounding uses, as well as address options to mitigate any negative traffic
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impact.
If negative impacts are identified, Church Row road and the surrounding neighbors
should not be forced to conform to 'urban' design standards that increased traffic
may require. On the contrary, Waimea Design Plan specifically states that "the
construction of roads to rural standards - without curbs, gutters and sidewalks, is a
major aspect of the ranch character of Waimea."
Church Row road is fine the way it is; rather than "urbanize" the area, the proposed
Plan Approval application and related use and /or building permits should be denied.
Water & Wastewater Concerns — Compliance Study Required •
Though initially discussed as a gas station /convenience store, the proposal now,
unfortunately, includes a car wash — if permitted, Waimea's first.
While I do not know the water usage to mechanically wash 100 cars per day, nor do
I know of the appropriate wastewater disposal, I do know that Waimea's water
source and storage are finite and we have no public wastewater facility, only private
water wells and private wastewater plant.
We are one of the few Big Island communities whose public water system relies
solely on surface water collection and storage. When it doesn't rain, water doesn't fill
our reservoirs — if this continues we run out of water.
The reality of this precarious water system is best seen during the times of drought
— as we have recently experienced. During droughts, various water restrictions are
imposed on the community; usually the first level of restriction limit lawn watering
and car washing.
Wastewater disposal may not simply involve the traditional digging of an
underground injection well. Local drainage concerns and neighboring flood control
improvements suggest the underlying soils may not readily percolate injected
wastewater.
In order to effectively identify the anticipated water consumption and wastewater
disposal associated with the proposed use and how the use may impact the
community and our limited water resources and wastewater disposal alternatives,
the developer should be required to prepare an extensive water consumption and
wastewater disposal study.
If it is concluded that the proposed use unfairly draws from the community's limited
water resources or the disposal of wastewater negatively impacts our community,
then the proposed Plan Approval application and related use and /or building permits
should be denied.
Proposed Use Conflicts with Waimea Design Plan Objectives
There are serious concerns not only about the property's use but also design for this
sensitive area of Waimea.
We respect the historic, scenic and cultural nature of our town and have attempted
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to identify and define these unique characteristics and values in our Waimea Design
Plan. It is this document that governs our long standing advisory relationship with
Hawai'i County Planning Department.
Adopted by Council resolution, Waimea Design Plan is the "official document to guide
future development and construction design in Waimea." Initiated by Waimea
Community Association (then known as Waimea - Kawaihae Community Association),
the Plan seeks to. preserve the "paniolo" character of the community and develop
and implement architectural guidelines consistent with the "paniolo" character.
Design objectives in the Waimea Design Plan include (among others):
- encourage that new commercial structures complement the environment;
- preserve historic building and sites;
- enhance the character of Waimea and to encourage landscaping and
landscape elements such as signage, paving and lighting;
- encourage a respect for local weather conditions in the design and
orientation of buildings; and
- ensure compatibility with adjacent land uses
The proposed use and building design do not complement the environment, the
proposed use conflicts with the quiet, peaceful nature of the neighborhood, the
proposed buildings do not enhance the character of Waimea, landscaping is virtually
non - existent and the use and buildings are not compatible with the adjacent land
uses. For these reasons, the Plan Approval application and related use and /or
building permits should be denied.
Summary Issues and Concerns from the Community
Specific issues and concerns expressed by community residents, neighboring
churches, community organizations and neighboring landowners include — but are
not limited to — the following:
* Major increase in traffic on Church Row road;
* Safety issues over access to and from Mamalahoa Highway on a high traffic curve
which is across from the new emergency access road used by all ambulance traffic to
North Hawai'i Community Hospital;
* Aesthetic impacts on one of the most beautiful landscapes on the Big Island — an
area distinguished by dozens of flowering cherry trees, architecturally, culturally and
historically significant churches — back - dropped by tree - shrouded pu'u;
* Bright lights — perhaps all night long — in an area that is still virtually free of light
pollution.
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* Noise impacts on passive Church Row Park, serenity of the collection of churches
and the daytime sleeping quarters at Keck headquarters for visiting astronomers;
* Prospects of people parking and drinking in Church Row Park and on adjacent
church properties and residences;
* Visual blight on an area dedicated to the community's heritage and traditions. As
you may know, every cherry tree in Church Row Park is dedicated to an individual or
organization who has made a significant contribution to this community; and
* Liquor sales within yards of five churches including the second oldest Christian
church on the Big Island — Imiola Congregational Church — which was built by the
late Rev. Lorenzo Lyons in 1855.
Proposed Buildings Conflict with Waimea Design Plan Design
Objectives
Preliminary architectural drawings of the proposed buildings were submitted by the
landowner and circulated at a recent WCA Planning and Design Review meeting —
copies of these drawings can be viewed at http: / /www.Kamuela.com /WCA.
The landowner proposes a 2,700 SF convenience store, 3 -pump island with 15 -foot
canopy, a car wash and paving — leaving little room for open space. Rather than
attempt to minimize the visual impact of the facility, the station is oriented so you
look right at and through the pump - island canopy into the convenience store.
There is very little landscaping and the proposed use covers essentially all of the
23,000 SF lot with buildings or pavement.
The visual damage to the historic area and scenic vistas is significant because the
proposed architecture cannot be anything but a decorated gas station with a tall
canopy that is over - lighted to draw attention to itself.
Imagine standing at (or driving near) the Hospital entrance, looking across the front
lawn of Keck toward Imiola Church — your view will be blocked by a well -lit, free-
standing gas pump canopy with a clear view into a convenience store.
A design objective in Waimea Design Plan encourages functional design which is
compatible with local weather. A typical gas station pump - island canopy is ineffective
shelter in Waimea; prevailing winds deposit rain at an angle — almost horizontally,
not vertically. The canopy will serve no function — except as an illuminated beacon
to passers -by.
WCA Planning and Design Review Committee members were near unanimous in their
disapproval of this project. The committee expressed these grave concerns about the
plans to the landowner and is following -up with a letter to the County.
The renderings submitted by the landowner do not provide sufficient detail to further
comment on them. It is clear, however, that if subsequent drawings are similar to
what has been submitted, they do not conform with Waimea Design Plan.
Issues such as alternative site layout, building orientation, materials, roof line, colors
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and tones (should be light absorbing — complementary to the natural environment),
door & window types (should be paneled), signage (should be ground signs
compatible with the area in general), landscaping detail, fencing and exterior lighting
are not addressed because design details were not disclosed.
Proactive Versus Reactive Response
Do not get the impression that my concerns and comments are last- minute, knee -
jerk reactions to an on -going planning proposal. I have been involved with this
property and its proposed use and design for overa year.
Last year, after I first learned that a prospective buyer was considering a gas
station, fast food operation or office building, I called the prospective buyer and
asked him to a meeting with other Waimea community representatives. In that
meeting almost a dozen community leaders conveyed a very strong and steadfast
message that a gas station or fast food outlet were not considered appropriate uses
of the site.
That individual ultimately bought the property but immediately sold it (at a
significant profit) to the present proposed Minit Stop gas station /convenience
store /car wash owner. Since this transaction we have had ongoing discussions with
the present owner about what we consider inappropriate use and design for the
property.
Landowner is Not a Bad Person — He Just Has a Bad Idea
The landowners are not new to Waimea. They presently operate the Shell station
and convenience store at Kinohou (the former Texaco station on the Honoka'a side
of town) and recently built and operate the Minit Stop gas station and convenience
store in Kawaihae.
To his credit, the property owner has had several meetings with WCA Planning and
Design Review Committee and the proposal was the focus of a regularly scheduled
WCA Town Meeting.
I have had many conversations and considerable correspondence with the
landowner. Though we disagree on the project and it's impact, we can and do
communicate. I appreciate his willingness to talk about the issue.
Waimea: Rural Paniolo Town or Cross - Island Fueling Depot? A
Some have suggested that Waimea does not need another gas station /convenience
store — we already have four. The relative number of competing businesses,
however, should not be a measure of whether another one should be allowed.
Our regulated free - market system encourages legitimate businesses to compete — •
and succeed or fail on their own merits. Unfortunately, if economics prove we
actually do have too many gas stations, the community may suffer with an
abandoned, special purpose building.
It is interesting (and unfortunate) to note that the rural, paniolo town of Waimea
could soon be viewed as the cross - island automobile fueling depot.
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Waimea at the Crossroads
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For years Waimea has endured the negative impacts of transient cross - island
vehicular traffic. Geography put Waimea at the burdensome crossroad link between
East and West Hawaii.
Waimea is now at another crossroad — this one deals with how we look to our
future. Do we stand back and hope the right things will happen — or, do we take
some control of how, why and where we grow?
I propose we do the latter and voice our serious concerns about the proposed gas
station/ convenience store /car wash planned at Church Row and take some control
of our future.
The proposed gas station /convenience store /car wash use and design will forever
change the look and nature of the neighborhood — if it is built, Church Row will
never be the same.
I do not want future generations wondering why we let this proposal move forward.
Recommendation to Deny Plan Approval, Use and Building
Permits
1
Proper plan implementation requires conformance with applicable public policy,
plans, laws, codes, ordinances, rules, regulations and other use related public
protection review and approvals.
The proposal fails to do this.
I believe the proposed use, building structure and development conflict with various
statements of intent and provisions outlined in the General Plan, Zoning Ordinance,
Waimea Design Plan and other use related documents.
Therefore, I urge the Planning Director to deny the proposed use, proposed structure
and proposed development and reject Plan Approval and related use and /or building
permits.
Peter T. Young, President
Waimea Community Association
(PS - My apologies for the length of this view point; there is a lot to say ... there is a
lot at stake.)
Go to WCA home page to review the full set of proposed property use and design
plans submitted by the land owner.
1
If you wish to express your opinion on the proposed gas station /convenience
store /car wash on Historic Church Row adjacent to Keck Observatory Headquarters,
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you are encouraged to send your statements to the following people (you are
encouraged to send copies to each person listed below:)
* Property Owner: Kimo Haynes, Hawaii Petroleum /Nanea Inc.
P.O. Box 1650, Kahului, Maui, 96733, cell: 276 -7298 or khaynes @maui.net.
* Minit Stop Operator: Neil Dixon, Minit Stop
P.O. Box 330100, Kahului, Maui 96733 minits @rnaui.net
* The Honorable Steven Yamashiro, Mayor, County of Hawai'i
25 Aupuni Street, Hilo, HI 96720.
* The Honorable Leningrad Elarionoff, Hawai'i County Council
25 Aupuni Street, Hilo, HI 96720.
* Hawai'i County Planning Director Virginia Goldstein
25 Aupuni Street, Hilo, HI 96720.
* Hawai'i County Chief Engineer Bob Yanabu
25 Aupuni Street, Hilo, HI 96720.
* Hawai'i County Water Manager Milton Pavao
25 Aupuni Street, Hilo, HI 96720.
* Hawaii County Liquor, Administrator Jan Pakele,
Hawaii County Liquor Control Department
101 Aupuni Street, Suite 230, Hilo, HI 96720
* State Department of Health, Wastewater Management Jerry Nunogawa
1582 Kamehameha Avenue, Hilo, Hawaii 96720
to WCA home page ) see plans
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* State DOH, Safe Drinking Water - Underground Injection Control Chauncey Hew
919 Ala Moana Blvd., Honolulu, Hawaii 96814
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