Hale'iwa drive-through debate renewed

By Robbie Dingeman
Advertiser City Hall Writer

The controversy over allowing drive-through businesses in historic Hale'iwa town is back before the City Council and headed for more public debate.

Drive-throughs now are banned in the North Shore town, as part of special district regulations designed to preserve the historic character of the rural town. But McDonald's restaurant has operated since 1997, when the owner received a variance from the city allowing the fast-food drive-through.

In February, the council voted 5-to-3 in favor of revising Hale'iwa's land-use laws to allow drive-through windows.

That sent the matter to the city administration to draft the revised land-use laws to allow the drive-throughs in Hale'iwa under certain conditions. This week the administration came back with the revisions.

A state circuit court overturned the McDonald's variance allowing the drive-through after the environmental group Life of the Land and several North Shore residents filed suit. The McDonald's drive-through remains open awaiting an appeal to the Hawai'i Supreme Court.

One of those who filed the suit is North Shore Neighborhood Board member Meryl Andersen.

She said she has nothing against McDonald's but believes that the land-use law needs to be enforced in banning such facilities. "It's not in the scenic design ordinance; that's the law.," she said.

Andersen and others interested in the case expect the public debate to begin again at the council's Jan. 30 meeting at City Hall.

Randall Fujiki, city director of Planning and Permitting, said the conditions for a drive-through would include closing by 10 p.m.; only allowing them on businesses fronting Kamehameha Highway; screening the vehicles in line with landscaping; requiring businesses to respond to any traffic problems caused and other rules.

When the council members debated the matter last, they proposed that only two drive-throughs would be allowed. Fujiki said his department has proposed wording that "might allow more than two."

But Fujiki said the city also is proposing some additional steps before any approval is made. "We're going to require a conditional use permit which will also require notice to the adjoining landowners and may require an additional public hearing at the discretion of the director," he said.

Reach Robbie Dingeman at 525-8070 or rdingeman@honoluluadvertiser.com