REP PC 006 01/03/2007 2006-2008 - Laserfiche WebLink

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Communication 32 Resolution 21 Page 3 of 5 Council Member Brenda Ford stated she made several investigative calls to stores in the Kona area and found that most establishments were not sure or did not know how much area they had dedicated to groceries. Ms. Ford felt that obtaining more information from the Planning Director and the Planning Commission was important. Planning Director Yuen requested copies of professional studies and/or reports resulting from Council Member Higa's research and specifically, information on how lines were drawn to determine what would be banned and what would not, Mr. Yuen did note that regarding developments within Hawaiian Homelands, under the current Memorandum of Agreement between the County and the Department of Hawaiian Homelands ("DHHL") Corporation Counsel's opinion is that the County can not exercise land use zoning authority over property owned by DHHL. Council Member Jacobson stated that given the relationship with DHHL and history of Wa1Mart in Hilo, this proposal would be unenforceable and would limit options. Mr. Jacobson stated that a ban of superstores is not going to resolve existing problems and that the resolution is not the vehicle to do it. Council Member Higa stated he believed including a size restriction within rezoning applications could satisfy some of the concerns outlined in the proposal, including protection from overdevelopment often discussed affecting the Kona azea. Mr. Higa also wanted to note that since WalMart opened in Hilo ten years ago, traffic has increased dramatically and that use of crosswalks in the immediate area is dangerous and life-threatening. Mr. Higa believed Resolution No. 21 would assist in determining what kinds of businesses would not overtax infrastructwe of our island and assist with the County's attempts at concuttency. Council Chair Hoffmann noted that similar bans could be imposed through individual zoning restrictions. Director Yuen stated such a ban would only apply to new rezonings and noted there are existing zonings that would allow for these kinds of stones. Mr. Yuen said keeping a commercially zoned area under 5 acres or, imposing a size limit on a particular establishment that allows for a large store (but not big box) could be done on a site specific basis. Mr. Yuen advised the council that under existing zonings there are large areas on which someone could bring in a big box store right now and also that an MCX (industtial- commercial mixed use) would allow For a big box store. He said in that situation however, the "use" could be changed. Committee Vice Chair Dominic Yagong stated that at 90,000 gross squaze feet it would seem easy for an establishment not to fail under the ban and that his vote today, in terms of banning big box outlets, would be no. Mr. Yagong suggested this issue be placed on the ballot similaz to that of the 2% fund initiative, however, Director Yuen said that could not be done due to State Supreme Court opinion that states zoning cannot be done by initiative or referendum. Mr. Yagong's reasoning for suggesting placing this item on the ballot was that although the Council and the Mayor voted against the Z% fund, when placed on the ballot, the citizens voted for it. In that instance Mr. Yagong stated, the governmental or legislative body was not in step with the pulse of the community on that particular issue and wondered whether this would be another one of those issues or decisions that the council may want to put out to the voters of the county of Hawaii. Mr. Yagong recommended the possibility of looking at banning big box stores over the next 2 years until November 4, 2008 which is when this would come up on the ballot for the people to decide. Council Member Brenda Ford expressed concern regarding enforcement and monitoring compliance in situations where a store increases SKUs in the future. Mr. Yuen stated there would likely be one or two possible violating entities in this situation which would not be too difficult to enforce. Mr. Yuen stated enforcement is a concern, however, if the resolution is referred, the Planning Department would be addressing these and other issues and report back to the Council, PC Report No. 6