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Home My WebLink AboutCOM 0032.069 2006-2008 M<~ w Brenda J. Ford • ~ Phone No.: (808) 3265684 Council Member Fax No.: (808) 329-4786 District7-Centra[Kona E-Mail: bford@co.hawaii.hi.us T~ Ol~M~~ HAWAII COUNTY COUNCIL County of Hawai `i Kailua Trade Center 75-5706 Hanama Place, Suite /09 Kailua-Kona, Hawaii 96740 ~ - DATE: September 28, 2007 - TO: Pete Hoffmann, Chair - and Members of the Hawaii County Council FROM: Brenda Ford, Council Member j~~~+-~J~~ RE: Proposed floor amendments to Bill 167, AN ORDINANCE AMENDING CHAPTER 25, ZONING CODE, HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO RETAIL ESTABLISHMENTS Attached for your consideration is a floor amendment to amend Bill 167, AN ORDINANCE AMENDING CHAPTER 25, ZONING CODE, HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO RETAIL ESTABLISHMENTS. The proposed amendments herein are outlined in ramseyer format. Material to be replaced is bracketed and stricken. New material is underscored. 1. SECTION 3 of Bill 167 shall be amended to read as follows: "SECTION 3. Chapter 25, article 1, secrion 25-1-5, Hawaii County Code 1983 (2005 Edition, as amended), is amended by adding a new definition for ["c+°°',',n°..:«n T r«;+" =~c~] "Superstore" to read as follows: rGGGGQ.,.ntt.°n..: «,.TT«:+++,._G~eTrT r++.,. :an«+: F:°r +t,n+: na t,., «nl.n«+n F «+1.° n ,n+..«...+:,. +.-nnl.: ..F««,.A..n+n n«.l n ..Ff «n.i ...+,......°«n «n1,..7:«.. 1...+ 1:.«:+°A T r«:..n«nnl D«.. A.. n+ !'...7n /T TD!''\ l.n«n..A°.. r~ e e T:..«..«nn« n...:nt° T.r,.«.t,n. /c nwr\ n..n,.ann «a nt°T.nt ~r..na° r.°,,, T.r,,,,,t,°.. "Superstore" means a business exceeding 90,000 gross floor area."" 3 Z-.~07 Comm. No. Ref. To: Ref. Uate CT 0 3 2007 October 2, 2007 Page 2 2. SECTION 4 of Bill 167 shall be amended as follows: "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 "Gross floor area" to read as follows: ~~..<c, e e„ ..,e t.,, oa: on nnn o F e. „rr F,.....,te e .t,,,., ~c nnn a:rr,._~..« ..«,.,.t.t.ve..:..,...«:... ..a ae,t:,.....~..,. c""rmi~tc~xinrnovw-6rv9S $cr¢arc cct B€ flBer area tB the sale a€~reseries.""~ ""Gross floor area" means the total floor space that the store occupies including indoor and outdoor space utilized for retail display and sale of goods. The gross floor area of adjacent stores shall be aeeregated incases where the stores: 1) are engaeed in selling of similar or related goods, wares, or merchandise, and operated under common ownership or management: 2) share common check stands, a warehouse, or a distribution facility; or 3) otherwise operate as associated, integrated, or cooperative business enterprises."" Please find a version of the bill with proposed amendments incorporated attached to this transmittal. Proposed amendments have been bolded for illustrative purposes. BJF Attch. 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-I-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 zoning district in the County of Hawai`i." SECTION 3. Chapter 25, article 1, section 25-1-5, Hawaii County Code 1983 (2005 Edition, as amended), is amended by adding a new definition for ["C4°°'~'~°°°'°° "°C4" "$I{~J-'] "Superstore" to read as follows: • » » 4 '....l.. d:.. RO. 1...4 ....4 1:...:4..d 4.. TT,.:..nva nl Dvndun4 ~~ido~_ oTPr~„~ ""Superstore" means a business exceeding 90,000 Bross floor area." 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 [fir=~tor~] "Gross floor area" to read as follows: raaaae....,._~a,.....ee » 1....,'Y_°° -~---=d 7.,.. on nnn r..s a a• i• a.... ~n nnn r..,.a ,.r t,, ttio ~~~o-wf ""Gross floor area" means the total floor space that the store occupies including indoor and outdoor space utilized for retail display and sale of goods. The gross floor area of adiacent stores shall be aggregated in cases where the stores: are engaged in selling of similar or related goods, wares, or merchandise, and operated under common ownership or management• 2) share common check stands, a warehouse, or a distribution facility; or 31 otherwise operate as associated, integrated, or cooperative business enterprises." 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 are declared to be severable. SECTION 7. This ordinance shall take effect upon its approval. 2