09-25-2007, 02:34 PM
First, the law that was approved was NOT a BIG BOX Ban; it is a Grocery Super-Center Ban.
I would like everyone to read Bill 165, which was defeated. This bill set the required standards for "Super-Centers/Big Box" including location, zoning, development standards, community & environmental impact, all the way down to landscaping. This is similar to the laws in CA, WI, VT, CO and others that have been tested in courts and passed judicial muster. It would have given the government, community, and the people complete control over the development projects. Since it's a pure zoning and development standard for a specific class of zoning, it's unlikely it could be challenged successfully.
Next I want you to read Bill 167, which passed. It basically said we don’t want supermarkets and retail together in a large store so it's completely outlawed. This is the exact same language that's in all the ordinances that have failed on the mainland. How do you outright ban a retail operation based on the products they decide to sell?
This law actually makes it legal for a one million square feet store to open in commercial or industrial zoned areas so long as they don't have more than 20,000 sq. feet of groceries. Sears can open up a store as big as the Hilo airport so long as they don’t sell groceries.
The law as approved is a shame and does nothing to stop big boxes from opening up on any property that has the proper zoning. All they did was ensure that grocery stores will not have competition, nothing about stopping a big box from opening down the street from you. So those who welcome Big Box stores, this law gives them to you on a silver platter. Those who oppose Big Box stores, sorry they can come so long as they go easy on the mustard.
I would like everyone to read Bill 165, which was defeated. This bill set the required standards for "Super-Centers/Big Box" including location, zoning, development standards, community & environmental impact, all the way down to landscaping. This is similar to the laws in CA, WI, VT, CO and others that have been tested in courts and passed judicial muster. It would have given the government, community, and the people complete control over the development projects. Since it's a pure zoning and development standard for a specific class of zoning, it's unlikely it could be challenged successfully.
Next I want you to read Bill 167, which passed. It basically said we don’t want supermarkets and retail together in a large store so it's completely outlawed. This is the exact same language that's in all the ordinances that have failed on the mainland. How do you outright ban a retail operation based on the products they decide to sell?
This law actually makes it legal for a one million square feet store to open in commercial or industrial zoned areas so long as they don't have more than 20,000 sq. feet of groceries. Sears can open up a store as big as the Hilo airport so long as they don’t sell groceries.
The law as approved is a shame and does nothing to stop big boxes from opening up on any property that has the proper zoning. All they did was ensure that grocery stores will not have competition, nothing about stopping a big box from opening down the street from you. So those who welcome Big Box stores, this law gives them to you on a silver platter. Those who oppose Big Box stores, sorry they can come so long as they go easy on the mustard.