2007-07-20 TSUPERSTORE(JG) - Laserfiche WebLink

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GIMPEL: Without taking a position on whether superstores ought to be banned or there should be a special zoning for it, my concern is that the ordinance before you and your other ordinance that would have treated them also as -, banning them completely, has a fatal flaw, which makes both of them inapplicable and ineffective. For example, both defined a superstore to mean a business that exceeds 90,000 gross square feet, that offers for sale more than 25,000 different stockkeeping units, and dedicates more than 20,000 gross square feet of floor area to grocery sales. That’s all well and good. But I can show you very simply with an example that it wouldn’t apply to a 500,000-square foot store that has 30,000 different stockkeeping units and exactly 20,000 gross square feet of floor area devoted to grocery sales, because the definition requires that it exceed all three, and that only does two out of three. So it’s completely ineffective and too easy to circumvent. Although, personally I believe – and I’m not speaking on behalf of the Kona Traffic Safety Committee; we haven’t taken a position on this, this is my own – although I personally believe that the zoning approach would be more appropriate because who is to say, 30 years from now, that no superstores should ever be on this island. I’m not going to say it, and I don’t think you can. But the definition, because the devil is in the details, the definition is fatally flawed. So I suggest that this be turned back for redrafting. Perhaps, a definition ought to merely focus on a gross square foot measure, and including some degree of grocery sales, if that’s the desire, without specifying a certain amount of feet devoted to the groceries. Thank you for the opportunity to comment, and I’ll be happy to answer any questions you have. ALAMEDA: Any question for Mr. Gimpel? Seeing none -. WOODWARD: I’d -. ALAMEDA: You have a question? WOODWARD: I’d just like to make a comment -. ALAMEDA: Go ahead. GIMPEL: Sure. WOODWARD: That exact point that you brought up was brought up at the last meeting, and that’s the only reason that I voted against the absolute ban was it was unenforceable. Because you have to have three criteria, and it’s easy to skirt one of them. And as you said, the devil’s in the details. And so I applaud you for your testimony, and thank you very much. GIMPEL: Great minds think together. Thank you very much. ALAMEDA: All right, Mr. Gimpel. Thank you. The discussion ended at 3:10 p.m. Respectfully submitted, Noriko Sauer, West Hawaii Secretary EXHIBIT C 2