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HomeMy WebLinkAboutREP PC 046 09/05/2007 2006-2008 REPORT OF THE COMMITTEE ON PLANNING DATE: September 5, 2007 Re: Comm. No. 634/Bill No. 165 PLACE: Sheraton Keauhou Bay Resort and Spa 78-128 Ehukai Street Kailua-Kona, Hawaii 96740 TIlVIE: 3:00 p.m. Council Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Planning, to which was referred Bill No. 165, reports as follows: Bill No. 165, transmitted via Communication No. 634 from Mayor Harry Kim, August 20, 2007, presents an amendment to Chapter 25 (Zoning Code), initiated by the Planning Director that would create a "superstore" zoning district, and be the only zoning district where a "superstore" would be allowed. Bill No. 165 seeks to amend Chapter 25 (Zoning Code) Hawaii County Code 1983 (2005 Edition, as amended) Relating to Retail Establishments, to provide greater scrutiny over the establishment of large department stores that include a grocery section -defined as "superstores," by limiting them to a new zoning district, the "Superstore" district. Communication No. 634 reports that the Hawaii County Planning Commission, as required by Chapter 4, Sec. 6-4.3(C), Hawaii County Charter, considered the above request on July 2Q 2007. The Planning Commission forwarded an unfavorable recommendation of the Planning Director's request to amend Chapter 25 of the Zoning Code creating a "Superstore" district. The Planning Commission noted that the definition of a "Superstore" would be difficult to enforce due to the various conditions that would have to be met in order to fall under the definition of "Superstore" and thus create a possible loophole for people to get azound the regulation. The Planning Commission believed that a definition of"Superstore" based solely upon squaze footage, such as Kauai County, would be a better solution. Bill No. 165 proposes the following amendments: Chapter 25, article 1, section 25-1-5, Hawaii County Code 1983 (2005 Edition, as amended): • Amends the definition of "Retail Establishment" to include `Superstores,' and notes that `superstores' shall be permitted only in the `Superstore' zoning district; • Adds a new definition for "Stockkeeping Unit" or "SKU"; and • Adds a new definition for "Superstore" to mean a business exceeding 90,000 gross square feet, offering more than 25,000 different SKU's and more than 20,000 gross square feet of floor area to the sale of groceries, counting the floor azea occupies by shelves and aisles. PC Repor[ No. 46 Communication 634 Bill 165 Page 2 of 3 Chapter 25, article 3, subsection 25-3-1(a), Hawai`i County Code 1983 (2005 Edition, as amended): • Adds a "S, Superstore districts (article 5, division 17)" to Section 25-3-1. Designation of districts. Chapter 25, article 4, section 25-4-51(a), Hawaii County Code 1983 (2005 Edition, as amended): • Adds the "S" (Superstore designation) to section 25-4-51(a)(3), Commercial uses that require one parking stall for each three hundred squaze feet of gross floor area, and 25-4- 51(a)(11), Industrial uses that require one parking space for each four hundred square feet of gross floor azea. Chapter 25, article 5, section 25-4-54(c), Hawaii County Code 1983 (2005 Edition, as amended): • Adds the "S" (Superstore) district that requires parking spaces to be paved. Chapter 25, article 5, Hawaii County Code 1983 (2005 Edition, as amended): • Adds a new "Division 17. S, Superstore Districts." - established by change of zone within CG or MCX districts or other areas where CG or MCX zoning consistent with the General Plan. - 15 acres (minimum land area required for S district). - height limitation of forty-five feet. - 20,000 minimum building site area. - ninety feet, minimum building site average width. - front and rear yazd minimums. - landscaping. - plan approval required for all new structures and additions to existing structures in the S district. At the September 5, 2007 Committee on Planning meeting, there were eight members of the public who presented testimony in Kona and one member of the public who presented testimony at the Hilo Council Room. Testifying in Kona were Michael Reimer, Paul Campbell (representing the Sierra Club), Joel Gimpel, Scazlet Bill, Lancelot Bill, Janice Palma-Glennie, Brian Halsey (Market Manager of WalMart), and Marie Aguilar. Planning Director Yuen explained the advantages of establishing a superstore category that aze over and above the zoning categories we currently have for commercial, industrial and mixed zones. Mr. Yuen stated that this proposal grew out of an expression of concern over a superstore or a full service grocery store attached to a department store whose impacts aze different from other types of establishments. The idea behind this, he explained, was if the council wanted to put greater scrutiny on these types of stores they could establish a special zoning district where it would be the only place a store such as this could be developed. In that way, if someone wanted to establish a superstore, they would have to apply for a rezoning and could no longer do it as PC Report No. 46 Communication 634 Bill 165 Page 3 of 3 they are currently able to, which is under any existing commercial or mixed commercial zones. In this way, the rezoning would have to be approved by the council and includes public process and participation. This gives the Council the ultimate decision-making authority to decide whether it is a good location for such a business after considering all factors such as traffic, character of the area and overall growth pattern to be accomplished. Mr. Yuen noted that without this kind of legislation, anyone can request to develop a superstore in any existing commercially zoned district. Council Member Ford noted the negative recommendation of the Planning Commission and its preference that the definition be based solely upon square footage. Ms. Ford's concerns were that there were too many loopholes with the stated definition and that there were more issues that needed to be addressed. Council Member Jacobson said he considers that this kind of zoning should be part of our zoning code and would naturally need to require a TIAR as supercenter issues are real and do have bigger concerns than your average stores. Council Member Yagong's concern was that without a superstore zoning are there areas within Hawaii County that would be able to accommodate a superstore type establishment without requiring rezoning. Director Yuen stated there are quite a few areas that these kinds of stores could be established without rezoning such as Honokohau, Gateway, TSA and even in Waimea behind the shopping center. A motion to approve this measure received three aye votes. Pursuant to Council Rules, 5 aye votes are needed to pass a measure. Therefore, your Committee on Planning forwards Bill No. 165 to the Council with a negative recommendation. and AvES NOES A&E Ex Respectfully submitted, FORD X HIGA X COMbIITTEE O/N~~P/CANNING HOFFMANN X ~ C~'~' ' JACOBSON X - NAEOLE X K. ANGEL PICA , CHAIIt PII,AGO X YAGONG X PC REPORT NO. 46 YOSTHMOTO X AnOPTEn. ~€P Lq 2007