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HomeMy WebLinkAboutREP PC 017 02/21/2007 2006-2008 REPORT OF THE COMMITTEE ON PLANNING DATE: February 21, 2007 Re: Comm. No. 178Bi11 No. 52 PLACE: Sheraton Keauhou Bay Resort & Spa 78-128 Ehukai Street Kailua-Kona, Hawaii 96740 TIME: 10:00 a.m. Council Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Planning, to which was referred Bill No. 52, reports as follows: Bill No. 52, transmitted via Communication No. 178 from Mayor Harry Kim, dated January 22, 2007, presents amendments to Chapter 23 (Subdivision), 25 (Zoning) and 27 (Flood Control) - Hawai'i County Code 1983 (2005 Edition, as amended) initiated by the Planning Director. Bill No. 52 is an ordinance amending Chapters 23 (Subdivision Control Code), 25 (Zoning Code) and 27 (Flood Control Code), Hawaii County Code 1983 (2005 Edition, as amended), Relating to stormwater Management. Communication No. 178 reports that the amendments to Chapters 23, 25 and 27 of the Hawaii County Code require that most new developments have onsite drainage of rainwater into drywells or other methods that infiltrate stormwater into the ground. Communication No. 178 notes this is standard practice in Hawaii County, however, the practice has never been enacted by ordinance or formal rule. Communication No. 178 further reports as follows: • The federal Coastal Zone Act Reauthorization Amendments of 1990, sec. 6127, ("CZARA") contain a requirement that local governments enact management measures to reduce potential pollution of natural bodies of water (such as the ocean, rivers, streams, lakes and ponds) from stormwater runoff in urban areas. • Management measures require that initial runoff (sometimes called the "first flush"), be cleaned by infiltration into the ground through drywells or other porous drainage systems, through grassy areas such as vegetated swales, through sand filters, or by being kept in settling basins. • One potential penalty for failure to enact such management measures is that local government could lose its Coastal Zone Management Act funding. The Hawaii County Planning Department receives about $300,000 in each such funding yeaz that is used in its various coastal zone programs such a review of SMA major and minor permits, enforcement of SMA violations and a number of studies and educational programs. PC Report No. 17 Communication 178 Bill 52 Page 2 of 4 • The Planning Department and Department of Public Works, in consultation with the EPA and State Office of Planning, have proposed a set of amendments to bring the County into compliance with the CZARA. • Proposed amendments to Chapters 23, 25, and 27, include implementation of the CZARA by requiring construction of storm drainage system to contain and divert runoff to drywells or other approved infiltration devices and a requirement that most new developments that need "plan approval" must first obtain a "site drainage plan" approved by the Department of Public Works. • Requirements of the "site drainage plan" are contained in proposed amendments to sec. 27-20. Chapter 27 is the county's flood control code, and technically, the Planning Commission need not review changes to Chapter 27. The proposed amendments, however, are a package and have to be looked at in combination with the changes to sec. 27-20. • The Department of Public Works also has a set of amendments to Chapter 27 that is being forwarded to the Council under separate cover as Bill No. 51. • These amendments are meant to comply with requirements of the Federal Emergency Management Administration, and are mainly related to flood control issues. At the February 21, 2007 Planning Committee meeting, public testimony was presented by Charles Flaherty who expressed concern regarding the use of drywells as stormwater control and that Bill 52 is an inadequate response to a critical problem. Council Member Jacobson asked whether Ms. Ford's prior amendments to Bill No. 51 that were brought up in the meeting of the Committee on Public Works also pertain to this matter. Planning Director Chris Yuen said there is a way of de-linking the two (Bill 51 and Bill 52) and move references to Chapter 27 into Chapter 25, and deleting references to Chapter 27 from the two bills. Mr. Yuen explained that Bill 52 relates to the control of flood water and requires disposal into drywells as a sedimentation device and pollution control measure rather than a flood control measure. Mr. Yuen also noted there is little discussion about the standazds to which a developer or subdivider of land has to meet in disposing flood water resulting from a 100-year storm verses a 10-yeaz storm. Mr. Yuen stated that with respect to pollution control measures, EPA's primary concern is filtering ofJ'the first rainfall, mainly the first inch which must be filtered or disposed of into a drywell type system. Director Yuen stated that reference to Chapter 27 in this bill relates to site drainage plans an engineer would submit when commercial, industrial or apartment buildings are constructed and is not required for a subdivision. He explained that the Department of Public Works reviews site drainage plans pursuant to chapter 27 and not chapter 25. Thus, reference to "site drainage plan" could be lifted out of chapter 27 and placed into the plan approval section of chapter 25. Council Member Dominic Yagong noted that since Bill 51 was heard in the Committee on Public Works and is moving forward, shouldn't Bill 52 also move on the same track. Director PC Report No. 17 Communication 178 Bill 52 Page 3 of 4 Yuen stated that since the council actually passed Bill 51 with a set of amendments, both Bills 51 and 52 should move up to council together. Council Member Brenda Ford asked if Bill 52 passes up to council would Section 4 which relates to chapter 27 have to be revised to include amendments previously made to Bi1151 or, could it be de-linked in some way. Director Yuen said both bills should be kept consistent and that the amendments to chapter 27 that were made to Bill 51 should also be made to Bill 52, otherwise it becomes confusing. Council Chair Hoffmann then suggested eliminating section 4 entirely since subpazagraph "c" of Section 2 requires compliance with the provisions of Chapter 27, Hawaii County Code. Mr. Hoffmann noted that since amendments to chapter 27 were made earlier in Bill 51, there was no reason to include section 4 in Bill 52 as earlier amendments would also apply here and, instead of making the amendments once again that it simply be eliminated from this Bill 52. Director Yuen explained that Section 3 of Bill 52 amends Chapter 25 and requires a site drainage plan for certain types of development. However, it does not set forth specific contents of a site drainage plan, which is actually spelled out in Chapter 27 and administered through section 27- 20. Mr. Yuen noted that in looking at all eventualities, if an insurmountable problem should arise in Chapter 27, there would be no specified content to a site drainage plan. Council Chair Hoffmann noted that in a situation such as that, one would cleazly have to go back to Bill 52, but at the moment, amendments applicable to Chapter 27 were agreed to when Bi1151 was considered. He then proposed a formal motion to delete Section 4 in its entirety from Bill 52. Mr. Hoffmann's motion was seconded by Council Member Jacobson and unanimously approved. Mr. Yuen commented that the Council would be doing a lot of work on flood control as well as Chapter 27 and noted that this pollution control bill (Bill 52) should pass, then later appropriate language could be added to explain what has to be done with respect to a site drainage plan which is not currently provided for in chapter 27. Mr. Yuen noted another change to item number 3 that reads "the site drainage plan under section 27-26A, approved by the Director of Public Works," should be corrected to read Section 27-20 and not " 27-26A." The correction was considered a friendly amendment. PC Report No. 17 - Commuuicarion 178 Bill 52 Page 4 of 4 Your Committee on Planning is in accord with the purpose and intent of Bill No. 52, as amended to Draft 2, and recommends it pass first reading. and AYES NOES A&E EX ReSpeclfully Sullmitted, FORD X HIGA X COMNIITTEE ON PL G HOFFMANN X IICEDA X JACOBSON X ~ NAEOI.E X K. AN EL PILAGO, PII,AGO X YAGONG X PC REPORT NO. 17 YostmKOro x ADOPTED: MAR 0 9 2001