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COUNTY OF HAWAII STATE OF HAWAII
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RESOLUTION NO. 'L1 ~ ?'7
A RESOLUTION PROPOSING AN AMENDMENT TO CHAPTER 25, ZONING CODE,
HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO RETAIL
ESTABLISHMENTS
WHEREAS, the County of Hawaii is a unique and special island community with a
quality of life, natural beauty, and rural character admired worldwide; and
WHEREAS, the protection and preservation of our unique quality of life, natural beauty,
and rural character are dependent on proper planning and reasonable growth policies consistent
with existing natural conditions and inherent limitations on population and development within an
island community; and
WHEREAS, the experience of communities across the United States has shown that the
development of "superstores," retail businesses significantly larger than any retail store operating
within acommunity -generally occupying more than 90,000 gross square feet, offering for sale
more than 25,000 different stockkeeping units ("SKU"), and dedicating more than 20,000 gross
square feet of floor area to the sale of groceries -results in tremendous adverse community
impacts including traffic congestion, increased demand on government infrastructure, negative
environmental consequences, and harmful, often fatal, impacts on small businesses; and
WHEREAS, it is the policy of the County of Hawaii General Plan to encourage
community-based and pedestrian-friendly design and development to preserve the rural character
of Hawaii Island and to support small business development that is consistent with its rural,
agricultural, and historic character; and
WHEREAS, the council finds that the development of "superstores" would contradict the
"smart growth" policies that Hawaii County is striving to implement and would undermine
existing plans to manage traffic congestion, encourage pedestrian-friendly small-town community
design, and support small businesses that have been an integral part of our island landscape; and
WHEREAS, chapter 25, article 1, section 25-1-5, Hawaii County Code 1983 (2005
Edition, as amended) -particularly in its definition of "Retail establishment" -does not
adequately address the negative impacts of "superstores" demonstrated in communities across the
mainland United States; and
WHEREAS, chapter 25, article 2, subsection 25-2-43(b), Hawaii County Code 1983
(2005 Edition, as amended), provides, in pertinent part, that "[t]he council shall refer any proposed
council-initiated amendment to this chapter to the director and the commission with requests for
their respective comments and recommendations thereon, prior to the first reading of any such
amendment..."
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF
HAWAII that the Planning Director and the Planning Commission is directed to process the
proposed amendment to chapter 25, article 1, section 25-1-5, Hawaii County Code 1983 (2005
Edition, as amended), attached hereto as Exhibit "A".
BE IT FURTHER RESOLVED that the Planning Director and Planning Commission shall
each submit comments and recommendations on the proposed amendment to the council within
one hundred twenty (120) days from the date that the amendment is transmitted by the council,
pursuant to chapter 25, article 2, subsection 25-2-43(b), Hawaii County Code 1983 (2005 Edition,
as amended).
BE IT FINALLY RESOLVED that the County Clerk is requested to transmit copies of this
resolution to Planning Director Christopher Yuen; the Planning Commission, and Mayor Harry
Kim.
Dated at Kona , Hawaii, this 7th day of February , 2007.
INTRODUCED BY:
C CIL MEMB OUNTY O AWAI`I
COUNTY COUNCIL ROLL CALL VOTE
County of Hawaii AvES NOES ABS Ex
Hilo, Hawaii FORD X
HIGA X
I hereby certify that the foregoing RESOLUTION was by HOFFMANN
the vote indicated to the right hereof adopted by the COUNCIL of the IKEDA
County ofHawai`ion February 7, 2007 R
JACOBSON X
NAEOLE 7{
ATTEST: PILAGO g
YAGONG g
YOSHIMOTO R
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C,~, ~ Reference: C-32/PC-6
COUNTY CLERK CHAIRMAN IDING FF[CER RESOLUTION NO. 2+1 13 ~7
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COUNTY OF HAWAII STATE OF HAWAII
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BILL NO.
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 25, ZONING CODE, HAWAII COUNTY
CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO RETAIL
ESTABLISHMENTS
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Purpose. The purpose of this ordinance is to preserve and protect the
quality of life, natural beauty, and rural character of our unique island community from adverse
impacts caused by large "superstores" that were not envisioned or considered under current
provisions of the Hawaii County Zoning Code. The establishment of limits on retail use -
through the restriction on operation, renovation, or expansion of retail establishments that may be
or become a "superstore" -protects Hawaii County residents from the type of adverse impacts,
such as traffic congestion, overburdening of existing infrastructure, deterioration of fragile
ecosystems, and decimation of small businesses, that have been occurring in the mainland United
States. This ordinance is not intended to preclude any particular retailer, company, end-user, or
tenant from doing business in the County of Hawaii, but rather is intended to regulate land use
and environmental protection through the preclusion of "superstore" uses in the County of
Hawaii by any and all retailers, companies, end-users and tenants.
SECTION 2. Chapter 25, article 1, section 25-1-5, Hawaii County Code 1983 (2005
Edition, as amended), is amended by amending the definition for "Retail establishment" to read as
follows:
""Retail establishment" means an establishment which sells commodities
or goods to the consumer and may include display rooms and incidental
manufacturing of goods for retail sale on premises only. Typical retail
establishments include convenience stores, grocery and specialty food stores,
general department stores, drug and pharmaceutical stores, hardware stores, pet
shops, appliance and apparel stores, tour, travel and ticket agencies and other
similar retail activities. The term does not include open storage yards for new or
used building materials, yards for scrap, salvage operations for storage or display
of automobile parts, service stations, repair garages, [er] veterinary clinics and
hospitals or "superstores" as defined in this section, as superstores shall not be
permitted in any zonine district in the County of Hawai`i."
EXHIBIT A
SECTION 3. Chapter 25, article 1, section 25-1-5, Hawaii County Code 1983 (2005
Edition, as amended), is aznended by adding a new definition for "Stockkeeping Unit" or "SKU"
to read as follows:
""Stockkeeping Unit" or "SKU" means an identifier that is used by
merchants for the systematic tracking of products and services offered to
customers includin¢, but not limited to Universal Product Code (UPC) bazcodes,
European Article Number (EAN) bazcodes, and Global Trade Item Number
(GITN) tracking numbers."
SECTION 4. Chapter 25, article 1, section 25-1-5, Hawaii County Code 1983 (2005
Edition, as amended), is amended by adding a new definition for "Superstore" to read as follows:
""Superstore" means a business exceeding 90,000 gross square feet,
offerine for sale more than 25.000 different Stockkeeping units, and dedicating
more than 20,000 Rross square feet of floor area to the sale of groceries."
SECTION 5. Material to be repealed is bracketed and stricken. New material is
underscored. In printing this ordinance, the brackets, bracketed material, and underscoring need
not be included.
SECTION 6. If any provision of this ordinance or the application thereof to any person
or circumstance, is held invalid, such invalidity shall not affect other provisions or applications
of the ordinance that can be given effect without the invalid provision or application, and to this
end, the provisions of this ordinance aze declared to be severable.
SECTION 7. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
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