The URL can be used to link to this page

Home My WebLink AboutCOM 0634.001 2006-2008 K. Angel Pilago w Phone No.: (808) 327-3642 Council vice Chair '~~~!o Fax No.: (808) 329-4786 Council Member, DisMct 8 E-Mail: kapilago@CO.hawaii.hi.us .t :J?` HAWAII COUNTY COUNCIL County of Hawai `i Kailua Trade Center 75-5706 Hanama Place, Suite / 09 Kailua-Kona, Hawaii 96740 DATE: September 5, 2007 TO: Pete Hoffmann, Council Chair And Council Members FROM: K. Angel Pilago, Council Member ~ RE: Bill 165 (An Ordinance Amending Cha r 25, Zoning Code, ai`i County Code 1983 (2005 Edition, as amended), Relating to Retail Establishments) Planning Director Initiated For information purposes, attached is a copy of Kauai County Ordinance No. 849 (Bi112203) relating to development of "superstores", duly adopted May 24, 2007. KAP/mpd Att. Comm. ~a 3~• / Ref. Toe 'e~N11 C1 8af. Date S P 5 9n(p] Hawai `i County /s An Equa[ Opportunity Provider And Employer ORDINANCE NO. 849 BILL NO. 2203 A BILL FOR AN ORDINANCE TO AMEND CHAPTER 8, KAUAI COUNTY CODE 1987, RELATING TO THE COMPREHENSIVE ZONING ORDINANCE BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF KAUAI, STATE OF HAWAII: SECTION 1. Findings and Purpose. The Council finds that the County of Kauai is a unique and special island community with a quality of life, natural beauty and rural character admired worldwide. This quality of life and unique rural character form the basis not only for the island's tourism industry but also for the overall economy and the high level of resident satisfaction with their island home. The protection and preservation of the rural character and quality of life of Kauai are dependent on proper planning and reasonable regulation. If the County of Kauai is to achieve the main goal of the Kauai General Plan-protecting the rural character of our island-this will require a thorough assessment of the positive and negative impacts of potential development. Experience of communities across the United States has shown that the development of "superstores"-i.e., retail businesses generally occupying more than 75,000 gross square feet, result in significant and adverse community impacts, including demand on government infrastructure, traffic congestion, adverse environmental consequences and harmful, often fatal, impacts on small businesses. These superstores do not match the rural character that Kauai is striving to maintain. They are more appropriate, if at all, in large urban areas with huge freeways and many people. By centralizing services to the extreme, they contradict the very "smart growth" policies that the island is seeking to follow in order to lessen its oil dependency and infrastructure costs, perpetuate "walkable," "bikeable" small town communities and encourage and support small businesses that have been an integral part of the landscape for years. The purpose of this proposed amendment to the CZO ordinance is to protect the citizens from net adverse impacts caused by large "superstores" such as increased traffic, and centralization of commerce, which were not envisioned when the Comprehensive Zoning Ordinance was first adopted. p:BILLISi112209amended/.IF'.Iki 1 SECTION 2. Section 8-4.5(e) of the Kauai County Code 1987, as amended, is hereby amended to read as follows: (e) Other Requirements. Other requirements for development standards in resort districts are as follows: (1) The Planning Director or the Planning Commission may revise the requirements if the plan review required for a zoning permit indicates that the specific nature of the overall development reasonably warrants the revisions. (2) The Planning Commission may require the dedication of adequate public access ways not less than six (6) feet in width to publicly- owned land or waters and may require the preservation of all historic and archaeologic sites, known or discovered on the parcel subject to development. B) No sinele retail or w olesale establishment within a Resort District may occupy more than seventy-five thousand (75.000) Bross souare feet in floor area. The Bross square feet in floor area of anv retail or wholesale establishment within eight hundred (800) feet of each other. regardless of whether they are attached or detached. shall be aeereeated in cases where the stores: (A) are engaged in the selling of similar or related goods. wares or merchandise and are operated under common management: or (B) share check-out counters. storage areas, or warehouse facilities: or (C) are owned. leased. possessed or otherwise controlled. in anv manner, by the same individual(s) or business or non-business entitv(ies): or (D) otherwise operate as associated. integrated or co- ~erative business enterorises SECTION 3. Section 8-5-5(g) of the Kauai County Code 1987, as amended, is hereby amended to read as follows: (g) Lot Coverage. Lot coverage shall be as follows: (1) The amount of land coverage created, including buildings and pavement, shall not exceed eighty percent (80%) of the lot or parcel area within a Neighborhood Commercial District. (2) The amount of land coverage created, including buildings and pavement, shall not exceed ninety percent (90%) of the lot or parcel area within a General Commercial District. O'BILLHi11z2o3amentlatllJyaki rL B) No sinele retail or wholesale establishment within a General Commercial District or within a Neiehborhood Commercial District may occunv more than seventy-five thousand (75 000) Bross square feet in floor area. The Bross square feet in floor area of anv retail or wholesale establishment within eieht hundred (8001 feet of each other. reeardless of whether thev are attached or detached, shall be aeereeated in cases where the stores: (A) are eneaeed in the selline of similar or related eoods. wares or merchandise and are operated under common manaeement: or jB) share check-out counters, storaee areas, or warehouse facilities: or (C) are owned, leased, nossessed or otherwise controlled: in anv manner. by the same individual(s) or business or non-business entitv(ies): or L) otherwise operate as associated, inteerated or co- operative business enternrises. (4) All uncovered areas shall be landscaped with living plant material. SECTION 4. Section 8-6.5, Kauai County Code 1987, as amended, is hereby amended by adding a new Section 8-6.5(j). No sinele retail or wholesale establishment within an Industrial District may occunv more than seventy-five thousand (75.000) Bross sauare feet in floor area. The Bross square feet in floor area of anv retail or wholesale establishment within eieht hundred (8001 feet of each other, reeardless of whether thev are attached or detached shall be aeereeated in cases where the stores: Ll) are eneaeed in the selline of similar or related eoods, wares or merchandise and are operated under common manaeement: or (2) share check-out counters, storaee areas, or warehouse facilities: or (3) are owned. ]eased, nossessed or otherwise controlled, in anv manner. by the same individual(s) or business or non-business entitv(ies)• or (4) otherwise onerate- as associated. inteerated or co-operative business enterprises. SECTION 5. If any provision of this Ordinance, or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. ~-RTi.va~u2zU3ainandeNJTaki 3 SECTION 6. Ordinance material to be repealed is bracketed. New ordinance material is underscored. When revising, compiling, or printing this ordinance for inclusion in the Kauai County Code 1987, the bracketed material and underscoring shall not be included. SECTION 7. This ordinance shall take effect upon its approval. INTRODUCED BY: /s/JoAnn A. Yukimura /s/Bill "Kaipo"Asing DATE OF INTRODUCTION: March 15. 2007 Zihu'e, Kauai, Hawaii D:BILLIBill2209amended/JPaki 4 CERTIFICATE OF THE COUNTY CLERK I hereby certify that heretofore attached is a true and correct copy of Bill No. 2203, which was passed on first reading and ordered to print by the Council of the County of Kauai at its meeting held on March 15, 2007, by the following vote: FOR PASSAGE: Bynum, Furfaro, Iseri•Carvalho, Kouchi, Rapozo, Yukimura, Asing TOTAL - 7, AGAINST PASSAGE: None TOTAL - 0, EXCUSED & NOT VOTING: None TOTAL - 0. Lihu`e, Hawaii • March 16, 2007 Peter A. Nakamura County Clerk, County of Kauai CERTIFICATE OF THE COUNTY CLERK I hereby certify that heretofore attached is a true and correct copy of Bill No. 2203, which was adopted on second and final reading by the Council of the County of Kauai at its meeting held on May 24, 2007, by the following vote: FOR ADOPTION: Furfaro, Iseri-Carvalho, Rapozo, I'ukimura, Asing TOTAL - 5, AGAINST ADOPTION: None TOTAL - 0, EXCUSED & NOT VOTING: Bynum, Kouchi TOTAL - 2. Lihu`e, Hawaii ( \ U(/~_ ~ ' May 24, 2007 Peter A. Nakamura County Clerk, County of Kauai ATTEST: . ' r B ~aipo" ing Chairman & iding Officer DATE OF TRANSMITTAL TO MAYOR: Ib1ay 25, 2007 Approved this a?~day of , 2007. ~t'1 ~ Bryan J aptist or County of Kauai