HomeMy WebLinkAboutCommunication Number 2017-01 South Kohala Traffic Safety Committee Letter Regarding RT Permit 1247South Kohala Traffic Safety Committee
P.O. Box 2674
Kamuela, HI 96743
SKTSCsecretary@gmail.com
July 16, 2017
Hawaii County Planning Department
101 Pauahi Street, Suite 3
Hilo, HI 96720
planning@hawaiicounty.gov
Attention: Director of Hawaii County Planning Department, Michael Yee
Subject: RT's Service, LLC; Special Permit Number 1247 (Docket No: SPP 04-000013); TMK: 6-4-017: portion
of 064; Planning Department Comment
Aloha Director Yee,
My name is James Hustace and I represent the South Kohala Traffic Safety Committee (SKTSC) as its
Chairperson. SKTSC appreciates the opportunity to comment on this permit SKTSC attempts to limit
comments to the traffic safety impact of the Special Permit; however, this letter will also address
miscalculations from the Applicant that community members and committee members have brought forward
to SKTSC. At the regular SKTSC meeting on July 11, 2017 the Membership approved the following comments:
Service to the community:
The Applicant offers the South Kohala District an important service. With the continued growth of
communities within South Kohala and in neighboring districts, the Applicant's business has been essential,
and demonstrates a need to grow to meet these growing demands. Many community members have been
assisted by the Applicant's service, and their contribution to our town and district are valued.
Traffic safety Impact:
There is concern from SKTSC that the increase of business foreseen from this application will negatively
impact Kauakea Road, the residential street on which the Facility is located. With the delayed development to
enhance Mamalahoa Highway near the Applicant's business, the increased volume of vehicle traffic to and
from the site will add to the growing congestion of traffic in the Waimea area. There currently is no left turn
pocket lane on Mamalahoa highway to access Kauakea Road, which is needed to help to reduce vehicle
backup in a 45 MPH designated speed zone. The Applicant's request for substantial growth of allowed stored
vehicles, increased work hours, and workable acreage generates the following questions:
• Does the structure and durability of Kauakea Road support the increase in projected usage?
• Would increasing the Applicant's business model, consequently increasing vehicle traffic, negatively
impact this residential intersection and neighboring intersections?
Unfortunately, there is a lack of Information to answer these questions. A Traffic Impact Analysis Report
(TZAR) would have been beneficial to accompany this permit request The results from a TZAR would
calculate traffic impact and provide the necessary Information to make a better Judgment of the situation.
This data would help to show how much of an Impact this growth would have, and should have been included
with the Special Permit requests.
Additional Comments:
1) Request No. 1- Request to delete Condition 2 [life of the permit), allowing the Facility to operate in
perpetuity.
a. Within this request, the Applicant states that there is no suitable land for the relocation of its
business. However, there exists acreage zoned ML -20 in the Waimea area. There is also
potential acreage that could be rezoned for the benefit of the Waimea community. It is the
duty of the Applicant to continue its search for the appropriate site for its business. The
Waimea community relies on businesses of this size to push for appropriate zoning, and to
requisition from large landowners the potential and beneficial use of industrial acreage in
the appropriate area conducive to a healthy community.
b. Granting the Applicant this request opens the door for other businesses to develop on land
not entirely appropriate to the assigned zone. Future businesses may readily and incorrectly
develop on prime agricultural land with the approval of said request.
c. The Applicant should continue to operate under a five-year special permit until the
appropriate property is acquired.
2) Request No. 2 -Request to amend Condition 6 (to increase the day and hours of operations at the
Facility to a 24-hour, 7 -day work week).
a. This request, along with the following requests, speaks to how greatly the Applicant wishes
to grow their business. The Applicant currently operates under normal business hours
throughout the week, but this new request allows for the Applicant to work unreasonable
hours due to its location in a residential area. Neighboring properties will feel the effects of
these long hours.
3) Request No. 3 -Request to increase number of stored vehicles within the Facility from 20 to 135.
a. As stated, this request shows the volume at which the Applicant's business intends to grow.
From satellite imagery (Figure 1), it can be seen that the Applicant currently exceeds its
operating capacity. The image is dated January 2013, and shows more than double the
Figure 1
If the Applicant were approved to increase its allowed stored vehicle count to 135, it would
be prudent to state that this number may not be enforced, and thus, more vehicles could
potentially be seen on-site.
4) Request No. 4 -Request to expand the special permit coverage area from 14,273 square feet to 1.647
acres.
a. As can be seen in Figure 1, the Applicant is using acreage outside of the previously approved
area.
5) Statement B -"Does not adversely affect surrounding properties."
a. The Applicant states that their business does not negatively affect surrounding properties.
This may be true in its current iteration, but does not take into consideration how its future
business would impact neighboring properties. With all of the Applicant's statements and
requests, the establishment of a large Industrial business in a residential area would
negatively impact neighbors. The increased volume of traffic and long work hours,
neighboring properties would feel the adverse effects. In the long term, neighboring
property will also see a major devaluation in property values.
b) Statement C - "Does not unreasonably burden public agencies."
a. Due to the type of business performed at the Facility, it has been brought to the attention of
SKTSC that instances of arson have been known to occur at the site from frustrated and
malicious customers. This information has been directly stated from the Waimea Fire
Department Captain.
b. The increase to the volume of stored vehicles would exacerbate this type of criminal
behavior. Without the means to limit or halt this type of activity, police and fire protection
would have a taxing job to deal with these situations.
c. The increased volume of cars using Kauakea Road and the intersection on Mamalahoa
Highway would at some point call for traffic safety improvements. This in turn would be a
burden on the Department of Public Works to make said improvements at the expense of
taxpayers.
7) Statement D - "Unusual conditions, trends, and needs have occurred since the district boundaries
and regulations were established."
a. There has been land appropriated to industrial use in the Waimea area. It is to the
community's benefit that business like the Applicant's seek out from large landowners
acreage and sites that are deemed appropriate for this type of business.
b. Other businesses that are stated in this document (Horizon Automotive and Deluz J.
Automotive) as grounds for validation of the approval of this permit's requests operate at
much smaller scales. The growth of the Applicant's business and the requests to terminate
the life of the permit no longer qualify this as a special permit case, and is granting the
Applicant and future businesses the opportunity to exploit the Hawaii County Land Use
Codes.
B) Statement E -"Does not substantially alter or change the essential character of the land and the
present use."
a. This statement may only be said for the current business at the Facility. It is inappropriate to
make such broad statements for future use and growth. At this time, it cannot be determined
how the requested development and growth would alter the Iand.
9) Statement F -"Would not be contrary to the General Plan or the Zoning Code."
a. The request to increase the Facility in size and scale would no longer qualify this business as
a small, home -business operation. This sort of development Is contrary to the Hawaii County
Agricultural Zoning Code.
b. This development is also contrary to the Community Development Plan set forward by the
South Kohala Community Development Plan (SKCDP). SKCDP is a legal Ordinance of Hawai'i
County, and the Planning Director has a legal obligation to follow the law and implement the
Policies and Action Plans of the SKCDP. The Land Use Pattern Allocation Guide (LUPAG) set
forward by the SKCDP does not allow for industrial businesses to be developed in prime
agricultural zones. Further policies regarding "responsible growth" and environmental
stewardship for Waimea call on the County to protect said agricultural assets.
Concluding remarks:
It is important to note that the individual requests from the Applicant are reasonable In their own right but in
Its entirety and as a whole, these requests greatly compound, and indicate the development of a larger -scale
industrial operation. It is imperative that perpetuity is not granted for any such permits, not just for the
Applicant's, but also for similar requests. Permission of this type would grant other businesses an
opportunity to exploit the Land Use Code, would diminish property values for neighboring parcels, and would
eliminate prime agricultural land that has a growing demand to meet the State, County, and community
desires of becoming more self-sufficient
It is entirely understandable that the Applicant wishes to expand its business to meet the growing needs of
the community, and we do not wish to limit their capability to do so. However, it is in the best interest of the
community, as well as the Applicant, if the Applicant were to acquire and develop land that is deemed
appropriate and does not carry with it a multitude of negative impacts to neighboring property and our
overburdened roadways. We kindly request the Planning Department enforce the SKCDP Policies and Hawaii
County Code law.
Again, thank you for this opportunity for the SKTSC membership to comment. Please feel free to contact me
with any questions at sktscsecretary@gmaii.com.
Mahalo,
James Hustace, Chairman
South Kohala Traffic Safety Committee
cc: Council Chairwoman Valerie Poindexter - HawaN County Council
Councilman Herbert "Tim" Richards - Hawai'i County Council
Keola Childs - CDP Planner, Hawai'i County Planning Department