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OCT. 1.20)1 6:S1PM BICi(ERTON _ Ho`omalu Hawaii's Testimony Regarding Bill No. }67 October 1, 2007 Page <l of 4 zoning ordinances. In 2002, the County of Hawaii and the Department of Hawaii ur F croe L:: n Is ("AFiHL") entered into a Memorandum of Agreement ("MOA") regazding the applicr:icu o] County zoning ordinances to Hawaiian home lands. The MOA provides that DH}iI, z l ay sel.:;; l the zoning district that will apply to Hawaiian home lands; however, once DHHL h< 4: s'., n. ; the zoning district, the 1vI0A provides that all County land use laws apply to such lsc::. Specifically, "[a]ll normal land use controls will be applied to DHHL property acco; c l;.g to t : ei zoning district selected by DHHL. Except as specifically provided in the Agreement, C? ~ 1IL 'rt follow all normal land procedures, regulations, and standards applicable to the annul„ clrs?ri,;r. MOA § IILD. (emphasis added). Additionally, the MOA provides that "[tJhe Couct., ,-i.'1 enforce land use codes and regulations on Hmvalian home lands in the same manna ~ r-'tl! other landowners." Id. at § IILH. (emphasis added). Accordingly, if the Proposui U:: i in:ancr were enacted and superstores were prohibited within all zoning districts in the Co~,m c D'a'-I' could not select a zotrirtg; designation that would pemait the construction of a supe Est m : o I-Iawaiian home lands. It is unclear to us why any agent of the government would take the position that cotr_7 r:rci;~1 development on Hawaii~ul home lands is exempt from reasonable County zonine. 5 nl _ . a position would seem to be inconsistent with Hawaii law and would permit DHHL tc ::;Ise ;t_s lands for such things as construction of a 300 foot office tower in Kailua-Kona, a ~z it , ~:,urrl processing plant in downtown Hilo, or raceway park next to an elementary school. ti7e• these may seem unlikely, we submit that the law simply does not permit such activities if ::°n are r ~ permitted by reasonable county zoning regulations. 3. Conclusion We are all worried about the problems that superstores create -supersized traffic cony estien, supersized parking lots, supersized community disruption; disproportionate use ar,d overburdening of water, sewer and other infrastructure, unique environmental degrade t on, t1 decimation of small business and alternative employment opportunities, and the resLl.t ~ I ? la rb ; decay and deterioration of communities. Toning laws are in place to protect the h~ahl . saf e~:; and welfare of the people, and to address all of these problems by enstuurg that devEl: t,ment; appropriately situated and done consistent with existing plans and the best intcrests of t;•te community, Superstores simply aze not an appropriate use in this unique and fragile i l aro comtramity. Municipalities throughout the United States have passed, or are in the process of passi , e, superstore bans that are similar to the Proposed Ordinance. Fortunately, the Council is s the opportunity to be proactive and prevent the development of superstores before the fi; s' superstore is constructed and its deleterious effects aze felt. 61CKERTON ¦ LEE • DANC • StJL1.JVAN n unrtio un,uur uw nrtvrunu Topa Financial C¢ntcr, Furr 5[reet Toner • 7a5 Fors Scra¢[, Sol[a 801 ~ Ilonolulu, Hau~a7i 96r L Phanr: a0a.599.3Rn A¢x: 808.533.2aa7 WeL~ www.AgnS~com