2007-03-16 TSUNSTONE - Laserfiche WebLink

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going to be draining down onto this vacant parcel, which is owned by somebody else. I thought that we couldnt have -. I thought a standard condition that weusually have regarding water runoff is that it be disposed of on site and not go into neighboring parcels. Am I confusing apples and oranges? ALAMEDA:Mr. Director? YUEN:They have to dispose of increases in their water on site, but theyre entitled to pass through water that comes from off-site through their property. But where it leaves a property it has to exit at the same place, the same volume and thesame velocity that it would absent the development that they are doing. So thats what they are doing, you know, there is a floodway that goes across their property, mauka-makai. We dont have a flood map up here, but it greatly affects this property thats makai of them thats still zoned Ag 5 acres. It has not been rezoned possibly for that very reason. But to be allowed to put the floodway in a channelontheirproperty,theyhavetojustifytoFEMAandDPWthatwhereitleavestheir property, it is, as I said, the same volume, velocity and location as it was before. ALAMEDA:Commissioner Siracusa? SIRACUSA:I wanted to make sure that we couldnt get sued by that property owner down the line for saying that, oh, our decision increased flooding on his property, you know, and made it unusable or uneconomic for him. YUEN:Well, there is actually a Hawaii Supreme Court case and that says the County is not liable for its review of plans done by a private developer. ALAMEDA:Commissioner Siracusa, any follow-up? Any other questions for Ms. Scott? Seeing none, thank you very much, Ms. Scott. You can stay there. Ms. Fox, we also have your letter. If you could not read it, but summarize your concerns. FOX:Well, this is a little different. My name is Lillian Fox, and I reside at 75-6081 Alii Drive. I speak for the -. Im the president of the Alii Lani Homeowners Association and also the disaster preparedness coordinator for the Alii Lani Homeowners Association. To date I am not aware of any environmental assessment having taken place regarding SunStones proposed development of 289 condos. As this area involves the need to acquire an SMA, HRS 343 requests the preparation of such a statement. And the Planning Commissions own amended Rules, Rule 9, in minutes of 9/22/06 it states, A Special Management Area Use Permit application is incomplete until such time as the Planning Department has complied with the requirements of Chapter 343, HRS and Title 11, Chapter 200, Hawaii Administrative Rules. Additionally Rule 9-11, B.1.d. commits the Planning Director to ask for an EA and/or an EIS before the SMA Permit is issued. I would be happy to read you Statutes. And I believe the Rule needs to be followed because there will be a significant alteration to the drainage of the property that would redirect flow of possibly millions of gallons of water per hour into a FEMA designated flood channel makai of the property and adjacent to Alii Lani. Because this stream creation and flow modification has a potential of creating a major impact to the environment by 9EXHIBIT C