HomeMy WebLinkAboutCOM 0032.072 2006-2008 K Angel Pilago +TV or. Phone No.: (808) 327-3642
Council Vice Chair ' Fax No.: (808) 329-4786
Council Member, Disbicr 8 E-Mail: kapilago@co.hawaii.hi.us
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HAWAII COUNTY COUNCIL
County of Hawai `i
Kailua Trade Center
75-5706 Hanama Place, Suite 109
Kailua-Kona, Hawaii 96740 r~.
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DATE: October 3, 2007
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TO: Pete Hoffmann, Council Chair
And Council Members ~
FROM: K. Angel Pilago,
Council Member
RE: Proposed Amendment to Bill 167 (Relating to an Ordinance Amending Chapter 25,
Zoning Code, Hawaii County Code 1983 (2005 Edition, as amended) Relating to Retail
Establishments)
Attached is a proposed amendment to Bill 167 to ban superstores on Hawaiian Home Lands as follows:
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.... The term does not include open storage yazds for new
or used building materials, yards for scrap, or "superstores" as defined in this section, as
s~erstores shall not be permitted l'° a'°'~°« lon Hawaiian
Home Lands."
The proposed amendment is bolded to distinguish it from prior ramseyering.
KAP/mpd
Att.
Comm. No. 1
Qef. To:
det. Uate U
Hawaii County Is An Equal Opportunity Provider And Employer
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 phazmaceutical
stores, hazdwaze stores, pet shops, appliance and appazel 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 gazages, [er] veterinary clinics and hospitals, or
"superstores" as defined in this section, as superstores shall not be
Uermitted h~ ° rt a:°'~~°' °PU°•°°~`~l on Hawaiian
Home Lands."
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 "Stockkeeping
Unit" or "SKU" to read as follows:
""Stockkee~ng Unit" or "SKU" means an identifier that is used by
merchants for the systematic tracking of products and services offered to
customers, includine. but not limited to Universal Product Code (UPCI
barcodes, European Article Number (EAN) barcodes, and Global Trade
Item Number (GITNI 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 ¢ross square
feet, offering for sale more than 25,000 different stockkeeping units, and
dedicating more than 20,000 ¢ross 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 are 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: