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HomeMy WebLinkAboutCOM 0032.060 2006-2008 JOEL GIMPEL 73-4686 H>!tvA LAlvt STREET K~WA KONA, HI 96740 808/3254991 To: Hawai i County Council Subject °Superstore° Legislation Date: September 19, 2007 Atha! In my earlier testimony to the Planning Committee and the Planning Commission on the "Superstore" legislation i observed that the definitan of °Superstore" in both bills is fatally flawed, because it is too easiy avoided. The bill to ban such stores wouldn't ban them, nor would the bill to establish a special zone for them have the desired effect, especially in view of the fact that existing zoning categories already permit large retail establishments. Acrwrdingly, 1've given some thought to how best m do wturt you're really hying to accomplish, and in order to do that, it was necessary to determine what, in fact, n~ded fixing. The Planning Committee's discussion helped, because it became clear that you rightly perceived a lads of Council coritrol when a large retail establishment is proposed for property akeady zoned for such establishments, so that rezoning, with the accompanying infrastructure review, is Trot required. Therefore, it should be dear that the zoning approach alone is inadequate. And I might add that the absolute ban approach, in addition to being easily sidestepped as IYe pointed out, doesnY really fix the problem and could inadveriendy sweep in desired retai! establishments. Your concern over lack of centrol regarding the effect of large retail establishrrrents on our infrastnrdure, already inadequate in many areas, is well taken and should be addressed. t also note that a shopping mall, with many stores, has at as great an effect on infrasWdure as a single "Superstore' or "Big Box° store, however defined, of similar s¢e. So what to do? Here's a suggestion: Require, as a condition for oMaining a building permik that structures exceeding 50,000 square feet, for example, that are to house a retail establishment or establishments, submit an analysis of infrastructure needs (roads, water. etc.,) and plans to mitigate those needs for Courroil approval- in order tb eNminate bopholes, the legislation should apply m incremental devebpments, devebpments on adjoining tax paroe~, and conversrons to retail space. Thus, a developer who already has. rx obtains a building Permit for', a 45,000 square toot building waikt have rp obtavi Council clearance for a 10,000 square foot conversion or addition if at least 50.000 square feet was for retail sales. whether on the same parcel w on an adjoining parcel. And, the requirement woukt attach a the larxl, in order a assure compliance by future owners. Consider Crow this would apply in the real world. Before Caribou Center and the proposed stepping mall near the 07d Airport can build structures chat wiN exceed x,000 square feet. which they surely wiu, both would have to Main Council clearance with rasped to infrastructure, despite the fad that the properties are already zoned to permit such establishments. Mahab for your attention and consideration. I'll be happy to answer any questions and to work with you m develop appropriate language to accomplish the wortlry goal of assuring adequate infrastructure for our county. Jcei Gimpel Comm. No. 3 2 • ~ d Ref. 70: ~ar+wNii~ Cou?+tll Ref. Date SEP } g ~a'j-'