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<br />County of Hawaii <br />PLANNING COMMISSION <br />Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720 <br />Phone (808)961-8288 Fax (808)961-8742 <br />July 23, 2007 <br />Honorable Pete Hoffmann, Chairman <br />and Members of the County Counci] <br />County of Hawaii <br />333 Kilauea Avenue <br />Hilo, HI 96720 <br />Dear Chairman Hoffinann and Members: <br />County Council Initiated <br />Amendment to Chapter 25 (Zoning Code) of the Hawaii County Code 1983 <br />(2005 Edition, as amended) relating to Retail Establishments <br />The Planning Commission at its duly held public hearing on July 6, 2007, considered the <br />County Council's request for an amendment to Chapter 25 (Zoning Code), Hawaii <br />County Code 1983 (2005 Edition), as amended, relating to Retail Establishments. The <br />proposed amendment would not permit "superstores" in any zoning district. "Superstore" <br />means a business exceeding 90,000 gross square feet, offering for sale more than 25,000 <br />different stock keeping units, and dedicating more than 20,000 gross square feet of floor <br />area to the sale of groceries. <br />A motion was made to send a favorable recommendation to the County Council. There <br />were four votes in favor of the motion and two against. Therefore, the motion did not <br />pass. No other motions were made. <br />The four to two vote constitutes a "no action" by the Planning Commission because of <br />the lack of the five affirmative votes required by Hawaii County Charter, <br />Section 13-4(I). Under Section 25-2-42(d)(3) and Planning Commission Rule 11-3(b)(2), <br />the Planning Commission's non-action constitutes an unfavorable recommendation. This <br />unfavorable recommendation is being forwarded to you, along with a copy of the hearing <br />transcripts, Background & Recommendation Report, and memo dated June 18, 2007, to <br />the Commissioners regarding comparative traffic data for "superstores" versus other <br />kinds of retail uses. <br />Kawai'i County is an Equa[ Opportunity Provider and Employer <br />