HomeMy WebLinkAboutRES 561 Draft 01 2006-2008OFFICE INFORMATION ONLY
Meeting: Referred to Planning Commission — April 8, 2008
Action: Removed from the agenda, because it was determined to be a violation of Council
Rule 16-6. No further action can be taken on this matter.
Re: Res. 561-08; Comm. 1083 (2006-2008 term)
COUNTY OF HAWAII*STATE OF HAWAII
RESOLUTION NO. 561 05
A RESOLUTION REFERRING TO THE PLANNING DIRECTOR AND PLANNING
COMMISSION A PROPOSED AMENDMENT TO CHAPTER 25, ZONING CODE,
HAWAPI COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO THE
ESTABLISHMENT OF A SUPERSTORE ZONING DISTRICT.
WHEREAS, the County of Hawaii is a unique and special island community with a
quality of life, natural beauty, and rural character admired worldwide; and
WHEREAS, the protection and preservation of our unique quality of life, natural beauty,
and rural character are dependent on proper planning and reasonable growth policies consistent
with existing natural conditions and inherent limitations on population and development within
an island community that suffers- serious road deficiencies; and
WHEREAS, the Charter of the County of Hawaii (2000), section 3-I5, states that a
general plan shall be adopted by ordinance, and states further, in part, that such a general plan
shall "contain a statement of development objectives, standards and principles with respect to the
most desirable use of land within the county for residential, recreational, agricultural.
commercial, industrial and other purposes which shall be consistent with the proper conservation
of natural resources and the preservation of our natural beauty and historical sites' and
WHEREAS, section 1.1 of the County of Hawai` General Plan states, in part. that it is
the purpose of the General Plan to "improve the physical environment of the County as a setting
for human activities; to make it more functional, beautiful, healthful, interesting, and efficient"
and to "promote and safeguard the public interest of the County as a whole"; and
WHEREAS, the County Council, as the elected representatives of the residents of
County of Hawaii and the policy-making body of County government, should exercise its
authority for the establishment of effective land use regulation in the County; and
WHEREAS, the experience of communities across the United States has shown that the
development of "superstores" can result in adverse community impacts including traffic
congestion, increased demand on government infrastructure, negative environmental
consequences, and harmful impacts on small businesses: and
WHEREAS, chapter 25, article I, section 25-1-5, Hawaii County Code 1983 (2005
Edition as amended), particularly in its definition of "Retail establishment , does not adequately
address the impacts of"superstores'; and
WHEREAS, chapter 25, article 2, section 25-2-43(b), I lawari County Code 1983 (2005
Edition, as amended) provides. in pertinent part, that "The council shall refer any proposed
council -initiated amendment to this chapter to the director and the commission with requests for
their respective comments and recommendations thereon, prior to the first reading of any such
amendment'; now, therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that the
Planning Director and the Planning Commission are directed to review and make
recommendations on the proposed amendment to chapter 25, Hawaii County Code 1983 (2005
Edition, as amended), attached hereto as Exhibit "A".
BE IT FURTHER RESOLVED that the Planning Director and Planning Commission
shall provide such review and recommendations on the proposed amendment attached hereto as
Exhibit `A" to the council within one hundred twenty (120) days from date that the amendment
is transmitted by the council, pursuant to chapter 25, article 2, section 25-2-43(b), Hawaii
County Code 1983 (2005 Edition, as amended).
BE IT FINALLY RESOLVED that the County Clerk shall transmit copies of this
resolution to the Planning Director, the Planning Commission, and the Honorable Me%or 1 larry
Kim.
Dated at , Hawai'i, this day of . 2008.
INTRODUCED BY:
COUNCIL 'MEMBER, COL Y OF HAWAI't
County of Hawaii
Hilo, Hawaii
I hereby certify that the foregoing RESOLUTION was by
the vote indicated to the right hcreofadopted by the COUNCIL or the
Cornu- of Hawai i on
ATTEST:
ROLL CALL VOTE
AYES
NOES ABS
LX
FORD
HIGH
HOEPMANN
IKEDA
JACOBSON
NAEOLE
PILAGO
YAGONO
YOSHIMOTO
Reference: C-1083/PC
COUN"IY CLERK CHAIRMAN & PRESIDING OFFICER RESOLD "I [ON NO"_ _ .561_
EXHIBIT "A"
tY 01 y,�y
COUNTY OF HAWAII STATE OF HAWAII
BILL NO.
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 25, ZONING CODE, ARTICLE 1, SECTION
25-1-5, ARTICLE 3, SECTION 25-3-1, ARTICLE 4, SECTIONS 25-4-51 AND 25-4-54,
AND ADDING A NEW DIVISION TO ARTICLE 5, HAWAII COUNTY CODE 1983
(2005 EDITION, AS AMENDED), RELATING TO THE ESTABLISHMENT OF A
SUPERSTORE ZONING DISTRICT.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAVI:
SECTION 1. Purpose. The purpose of this ordinance is to provide greater scrutiny over
the establishment of large stores/outlets that sell from its premises goods and merchandise b}'
limiting them to a new zoning district, the `superstore" district.
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 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, [ee] veterinary clinics and
hospitals, or "superstores" as defined in this section."
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 to be appropriately inserted and to
read as follows:
""Superstore" means a business whose gross square footage exceeds 90.000 square feet.
and is dedicated primarilv to sales operations selling, merchandise and/or goods (including or
excluding groceries), or providing service to the public. "this includes sales establishments that
require membership or charge a periodic fee for purchasing privileges. The gross square feet in
floor area of anv retail or wholesale establishments within eight hundred (800) feet of each other,
regardless of whether they are attached or detached, shall be aggregated in cases where the stores:
EXHIBIT "A"
Are engaged in the selling of similar or related goods wares or merchandise and
are operated under a common management:
(�B Share checkout counters storage areas or warehouse facilities;
Are owned leased possessed or otherwise controlled in any manner, by the same
business or non -business entitv(ies); or
(D) Otherwise operate as associated integrated or cooperative business enterprises."
SECTION 4. Chapter 25, article 3, section 25-3-1, Hawaii County Code 1983
(2005 Edition, as amended) is amended by amending subsection (a) to read as follows:
"(a) The zoning districts of the County shall consist of the following districts:
(1) RS, single-family residential districts (article 5, division 1).
(2) RD, double -family residential districts (article 5, division 2).
(3) RM, multiple -family residential districts (article 5, division 3).
(4) RCX, residential -commercial mixed use districts (article 5, division 4).
(5) RA, residential and agricultural districts (article 5, division 5).
(6) FA, family agricultural district (article 5, division 6).
(7) A. agricultural districts (article 5, division 7).
(8) IA, intensive agricultural districts (article 5, division 8).
(9) V. resort -hotel districts (article 5, division 9).
(10) CN, neighborhood commercial districts (article 5, division 10).
(11) CG, general commercial districts (article 5, division 11).
(12) CV, village commercial districts (article 5, division 12).
(13) MCX, industrial -commercial mixed use districts (article 5, division 13).
(14) ML, limited industrial districts (article 5, division 14).
(15) MG, general industrial districts (article 5, division 15).
(16) Q open districts (article 5, division 16).
(17) [Speeial districts (ante es ` and 7)] S Superstore districts (article 5, division 17).
(18) Special districts (articles 6 and 7)."
SECTION 5. Chapter 25. article 4, section 25-4-51, Hawaii County Code 1983
(2005 Edition, as amended) is amended by amending subsection (a) to read as follows:
"(a) The number of parking spaces for each use shall be as follows:
(1) Bed and breakfast establishments: one for each guest bedroom, in addition to one
for the dwelling unit.
(2) Bowling alleys: four for each alley.
(3) Commercial uses, including retail and office uses in RCX, CN, CG, CV, MCX,
S V, RA, FA, A and IA districts: one for each three hundred square feet of gross
floor area.
(4) Day care centers: one for each ten care recipients of design capacity or one for
every two hundred square feet of gross floor area, whichever is greater.
(5) Dwellings, multiple -family: one and one quarter for each unit.
(6) Dwellings, single-family and double -family or duplex: two for each dwelling unit.
(7) Funeral homes and mortuaries: one for each seventy-five square feet of gross floor
area.
EXHIBIT "A"
(8) Golf courses: four for every hole.
(9) I lospitals: one for each bed.
(10) Hotels and lodges:
(A) For hotel guest units without a kitchen, one for every three units:
(B) For hotel guest units with a kitchen, one and one quarter for each unit.
(11) Industrial uses in ML, MG, MCX, S RA, FA, A and IA districts: one for each four
hundred square feet of gross floor area.
(12) Laundromats, cleaners (coin operated): one for every four machines.
(13) Major outdoor amusement and recreation facilities: one for each two hundred
square feet of gross floor area within enclosed buildings, plus one for every three
persons that the outdoor facilities are designed to accommodate when used to the
maximum capacity.
(14) Meeting facilities, including churches: one for each seventy-five square feet of
gross floor area.
(15) Nursing homes, convalescent homes, rest homes and homes for the elderly: one for
every two beds.
(16) Parks: as determined by the director.
(17) Recreation facilities, outdoor or indoor, other than herein specified: one for each
two hundred square feet of gross floor area, plus three per court (racquelball, tennis
or similar activities).
(I8) Rooming and lodging houses, religious, fraternal or social orders having sleeping
accommodations: one for each two beds.
(19) Schools (elementary and intermediate): one for each twenty students of design
capacity, plus one for each four hundred square feet of office floor space.
(20) Schools (high, language, vocational, business, technical and trade, college): one for
each ten students of design capacity, plus one for each four hundred square feet of
office floor space.
(21) Sports arenas, auditoriums, theaters, assembly halls: one for every four seats.
(22) Swimming pools (community): one for each forty square feet of pool area.
(23) Warehouse and bulk storage establishments where there is no trade or retail traffic:
one for each one thousand square feet of gross floor area."
SECTION 6. Chapter 25, article 4, section 25-4-54, Hawaii County Code 1983
(2005 Edition, as amended), is amended by amending subsection (c) to read as follows:
"(c) In V, CN, CG, CV, MCX, S ML, MG, RD, RM and RCX districts. parking spaces shall
be paved."
SECTION 7. Chapter 25, article 5, Hawaii County Code 1983 (2005 Edition, as
amended). is amended by adding a new division to read as follows:
"Division 17. S, Superstore Districts.
Section 25-5-170. Purnose and applicability.
(a) The S (superstore) district applies to areas where large merchandise/outlet
establishments may be appropriately located.
EXHIBIT "A"
(b) An S district may be established by a change of zone from an area within a CG. CV
ML or MCX district or by change of zone within any other area where CG, CV.
ML or MCX zoning would be consistent with the general plan.
Section 25-5-171. Designation of S districts.
Each S (superstore) district shall be designated on the zoning map by the symbol 'S"
followed by a number which indicates the minimum building site area. in thousands of sguarc
feet required for each building site.
Section 25-5-172. Minimum land area required.
The minimum land area required for an S district shall be five acres
Section 25-5-173. Permitted uses.
(a) The following uses shall be permitted uses in the S district:
(1) Amusement and recreation facilities, indoor.
(2) Art galleries, museums.
(3) Art studios.
(4) Automobile sales and rentals.
(5) Automobile service stations.
(6) Bars, nightclubs and cabarets.
(7) Broadcasting stations.
(8) Business services.
(9) Car washing.
(10) Catering establishments.
(11) Cemeteries and mausoleums as permitted under chapter 6 article 1 of this Codc
(12) Churches temples and synagogues.
(13) Commercial parking lots andarg ages.
(14) Communitv buildings, as permitted under section 25-4-11.
(15) Convenience stores.
(16) Data processing facilities.
(17) Display rooms for products sold elsewhere
(18) Farmers markets.
(19) Financial institutions.
(20) Food manufacturing and processing.
(21) Home improvement centers.
(22) Ice storage and dispensing facilities.
(23) Laboratories, medical and research.
(24) Laundries.
(25) Manufacturing processing and packaging establishments light
(26) Medical clinics.
(27) Meeting facilities.
(28) Model homes.
(29) Mortuaries.
(30) Motion picture and television production studios.
(31) Offices.
(32) Personal services.
EXHIBIT "A"
(33) Photographic processing.
(34) Photography studios.
(35) Plant nurseries.
(36) Public uses and structures, as permitted under section 25-4-11.
(37) Publishing plants for newspapers books and magazines printing shops
cartographine and duplicating processes such as blueprinting or photostating shops
(38) Repair establishments, minor.
(39) Restaurants.
(40) Retail establishments.
(41) Sales and service of machinery used in agricultural production.
(42) Schools business.
(43) Schools photographv, art music and dance.
(44) Schools vocational.
(45) Self -storage facilities.
(46) Superstores.
(47) Telecommunications antennas. as permitted under section 25-4-12.
(48) Temporary real estate offices as permitted under section 25-4-8
(49) Theaters.
(50) Utility substations, as permitted under section 25-4-11.
(51) Veterinary establishments in sound -attenuated buildings.
(52) Warehousing.
(53) Wholesaling and distribution operations.
(b) In addition to those uses permitted under subsection (a) above, the following uses may be
permitted in the S district provided that a use permit is issued for each use:
(1) Crematoriums.
(2) Major outdoor amusement and recreation facilities.
(3) Yacht harbors and boating facilities.
(c) Buildings and uses normally considered directly accessory to the uses permitted in this
section shall also be permitted in the S district.
Section 25-5-174. Height limit.
The height limit in the S district shall be forty -live feet.
Section 25-5-175. Minimum building site area.
The minimum building site area in the S district shall be twenty thousand square feet
Section 25-5-176. Minimum building site average width.
Each building site in the S district shall have a minimum building site average width of
ninety feet.
Section 25-5-177. Minimum yards.
Minimum yards in the S district shall be as follows:
(1) Front yards, twenty feet; and
(2) Side and rear yards, none, except where the adjoining building site is in an RS, RD,
RM or RCX district. Where the side or rear property line adjoins the side or rear vard
of a building site in an RS RD. RM or RCX zoned district, there shall be a side or
EXHIBIT «A„
rear yard which conforms to the side or rear vard requirements for dwelling use of the
adjoining district.
Section 25-5-178. Landscaping of yards.
(a) All front yards in the S district shall be landscaped except for necessary access drives and
walkways.
(b) Any required side or rear yard in the S district adjoining a building site in an RS RD RM
or RCX district shall be landscaped with a screening hedge not less than fortv-two inches
in height within five feet of the property line except for necessary drives and walkways.
result of this ordinance.
(b) Plan approval shall be required for all new structures and additions to existing structures in
the S district"
SECTION 8. 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 9. 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 10. This ordinance shalt take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
. Flawari
Date of Introduction:
Date of l st Reading:
Date of 2nd Reading:
Effective Date: