COM 0032.035 2006-2008 - Laserfiche WebLink

Home

because of statements made by the Hawaii Supreme Court in Keno'o v. Watson, 87 Haw. 91. It is worth recalling the history that led to the current commercial development' pattern in the Hilo azea. In the late 1970's, a development group known as "Redevco" sought approval to develop what is now Prince Kuhio Plaza on DHIIL property. At that time, DHHL did not claim that the project was exempt from County zoning, and applied for a General Plan LUPAG map amendment and a change of zone. The LUPAG map amendment was necessary because the General Plan at the time identified downtown Hilo as the primary site for commercial development. After a long struggle, the General Plan amendment passed and the site was rezoned. In the mid-1990's, DHHL applied for rezoning of the site that is now the "Wal-Mart Cente-" from ML to CG. It was understood that Wal-Mart would be the eventual tenant. No General Plan amendment was necessary because the site had been changed to High Density Urban in 1989. After considerable controversy at the Council, DHHL decided that it could develop the site without following Coumy zoning, and withdrew the application. It developed the site, the County acceded in DHHL's right to develop, but did not process building permits, on the grounds that if DHHL was exempt from zoning, it was exempt from building permits as well. The General Plan does not offer any specific guidance on the topic of "superstores", or more generally, big-box type retail establishments. The General Plan describes various types of shopping centers: neighborhood, community, and regional centers. A superstore would be classified as a regional center. In the more rural areas of the island such as Hamakua, the General Plan discourages strip or spot commercial development outside of the existing town centers. In that way, it encourages growth around the existing towns. The General Plan would not support rezoning to allow a superstore or other large commercial enterprises outside of the designated urban azeas. It does not, however, forbid the use of existing zoned areas such as those described above or the potential commercial rezoning of designated areas. -a-