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131CK1:RTON LEE DANG ~ SULLIVAN <br /> A LIMITED iIA IVIi iT1' tAW PA RTN CRS iI II' <br /> September 17, 2007 <br /> Via Facsimile (808-961-8912) and E- Mnil (connciltestimony@co.hnivaii.hi,ns) <br /> TO: Members of the Hawaii County Council <br /> 25 Aupmii Street <br /> Hilo, Hawaii 96720 <br /> SUBJET: Ho`omalu Hawaii's Testimony Regarding Bill No. 167 for an Ordinance to <br /> Amend Chapter 25, Zoning Code, Hawaii County Code 1983 (2005 Edition, as <br /> Amended), Relating to Retail Establishments <br /> DATE OF MEETING: September 19, 2007 <br /> TIME OF MEETING: I :001'.,vt. <br /> Dear Members of the Hawaii County Council: <br /> This testimony is submitted by David A. Paulson, Esq., wlto resides at 3254 Hooluhi 5treei in <br /> Honolulu, Hawaii 9681.5. I am an associate with the law firm of Bickerton Lee Dang & Sullivan <br /> ("BEDS"). BEDS is legal counsel to Ho`omalu Hawaii, a statewide grassroots coalition that <br /> opposes the development of superstores in Hawaii. IIo`omalu Hawaii has members who reside <br /> on all the major Hawaiian Islands, including many members who reside in the County of Hawaii. <br /> I am submitting this testimony on behalf of Ho`omalu Hawaii. <br /> Bill No. 167 for an ordinance to amend the Zoning Code to prohibit "superstores" in all zoning <br /> districts (the "Proposed Ordinance") is necessary and proper for the following three reasons. <br /> First, the Proposed Ordinance does not prohibit specific users or corporations, but rather <br /> prohibits an tmdesirable and high-impact use type -die "superstore." This use type is well- <br /> defined by the Proposed Ordinance and correlates to empirical studies revealing that the <br /> introduction of such uses tend to (a) cause disproportionate traffic impacts to the communities in <br /> which they are established and (b) promote the closure of other anchor tenant grocery and box <br /> stores -leading to conditions identified as "urban decay." The Proposed Ordinance does not <br /> <br /> target Wal-Malt, Costco, Target or Safeway, but rather prevents any company from developing <br /> large-scale, high-SKU, full grocery superstores that will detriment the health, safety and quality <br /> of life in the community. <br /> Second, the use of the stockkeeping unit ("SKU") element in defining the term "superstore" <br /> <br /> ensures that the Proposed Ordinance is not overly broad and does not prohibit lower-impact and <br /> <br /> more-desirable "warehouse club" stores such as Costco Wholesale and Wal-Mart's "Sam's <br /> <br /> Club" stores. The use of a 25,000 SKU threshold is based on sound retail principles. While <br /> <br /> establishments such as warehouse clubs typically have 8,000-13,000 SKUs and traditional <br /> <br /> grocery stores, supermtukets and even big box retailers such as regular Wal-Mart Discount <br /> Stores and Lowe's Home Improvement warehouses typically carry 15,000 to 20,000 SKUs, <br /> Topn Financial Center, Dort Street 'T'ower • 7#5 Fort Street, Suite S01 • Honolulu, Hawaii 96817 <br /> Phone: ROA.599.3R1 t Fns: $08.53J.2A69 larch: wrwa-RSDS.eom <br /> <br />