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Home My WebLink AboutCOM 0176.139 2006-2008 .IUL 13 20C7 10:30RM ROTH KIMURR LLP 8D8 324 6078 p.l ,I Al~ Hawaii Island Section I A section of The ~\merican InstiWte of Arrk Reds - tbrxluluChapter Jul}' l 1, 2007 Hawaii County Council 25 Aupuni Street, Suite 209 Hilo, HI 96720 FAX: 808-961-8912 64-'. 06? Mamalahoa Hwy., Suite C-5 Kamuela, HI 96743 FAX: 808-887-207? 75-:i706 Hanama Place Suite 109 Kailua-Kona, HI 96740 FAX: 808-329-4786 1tE: County of Hawaii -Bill 51, Draft #5 Dear Honorable Chailunan and Council Members: Thank you for postponing Bill 51, Draft #5. This provides all of those involved an opportunity to better understand the impacts of this proposed ordinance. Conccrne a architects met early this morning to review and summarize some of the details that immediately stand out as problematic (which you will find in the latter part of this letter). At the rnd of our discussion this morning, we concluded that the current draft is confusing to professionals, government agencies and the public, who will interpret, comply and enforce the proposed law. As ~xchitectural professionals, we would like to reiterate our concerns and recomlruendations from otu letter to you dated June 28, 2007: We aze greatly concerned with the September 2007 deadline to have Chapter 27 amended so that the County is compliant with the National Flood Insurance Program. We have four recommendations. Ftirst, the Council needs to bring forth a revised bill that is stripped of all mandates that have not been properly analyzed and recommended by licensed professionals so that the County can be in compliance with NFIP. Socond, identify instances where problem flooding has occurred. Third, hire qualified consultants to analyze why flooding occurred in those instances and present their findings to the public. Fourth, move forward with legislation and/or capital improvement projects that are aimed directly at the true problems. We have been asked to provide specific comments by today in order to facilitate revisions that'will be presented at the next full Council meeting on July 25, 2(107. In general, we must state that due to the short time we have had Bill 51, Draft #5 (3 working daysl; this review is neither comulete nor cross-referenced to other codes. This review will focu> primarily on the architectural elements. We fully expect that you will receive P.O. Box 624 Hohaloa, HI 96725 808-987-6146 Itimlua(a)alum.mit.edu ~~,~39 Gornto. No. Ref. Toe wn Ge Ref. Date L~ ~ JUL 13 20C7 10:30flM ROTH KIHURR LLP 808 324 6078 p.2 July 11, 2007 County of Hawaii -Bill 51, Draft #5 Page 2 of'6 comments liom the civil engineering community in regazds to issues ofhydrolo);y and NFIP cotnpliance. Below is a brief analysis of seven items that we consider highly problematic: Item #1. See Page 6: Section 27-5. Appdcabllity. (b) This chanter shall apply to other areas of IIood hazard: (1) Zone X -shaded (moderate hazardl (2) Zone X -not shaded (minimal hazard) We recommend that all of the language above in (b) be deleted. Zone X (shaded) and Zone X (not shaded) are not considered "Special Flood Hazazd Areas" as indicated in the Legend on 'he FIRM maps issued by FEMA. An unintended consequence is that the entire Island of Hawaii could be defined as a flood hazazd azea. This might result in property ownars being req aired by lending institufions to buy flood insurance instead of it being an option. I3uc to the potential conflict with Federal law, in-depth analysis needs to be conducted in regards to this issue. Item #2. See Page 27: Section 27-18. Standards for construction. Standards for construction within areas of special flood hazazds aze establishrd as fol I~>ws: (d) Elevation and floodproo6ng. (5) Within Zone X (shaded): (A) For new conskvction, the lowest floor shall be elevated_at least two teat above the highest adiacent grade. B) New rnnstruction shall be required to provide adeauate drainage paths around structures on slopes to guide floodwater around and away from proposed structures. (C) Improvements to repetitive loss structures, and substantial improvements shall rnmply with the standards of section 27-24.1 Standards for Zone X. (6) Within Zone X (not shaded): (A) For new construction. the lowest floor shall be elevated_at least oue foot above the highest adiacent grade. _ (B) New construction shall be reauired to provide adeau.ate drainage paths around structures on slopes to gpide floodwater around and away from proposed structures. P,O. Box 624 Holualoa, HI 96725 808-987-6146 kimuraCalum.mit.edu .IUL 13 20C7 10:30HM ROTH KIMURF LLP 808 324 6079 P.3 July l 1, 2007 Co:mty of Hawaii Bi1151, Draft #5 Page ? of G (C) Improvements to repetitlve loss structures, and substantial improvements shall comply with the standards of section 27-24.1 Standards for Zoae X. We recommend that all of the above language in (5) and (6) be deleted. Zone X (sha:ded) and Zone X (not shaded) are not considered "Special Flood Hazard Areas" as indicated in the Legyrrd on the FIRM maps issued by FEMA. An unintended consequence is that the entire Islaird of Hawaii could be defined as a flood hazard area. This might result in property owners being required by lending instirutions to buy flood insurance instead of it benng an opti an. Due to the potential conflict with Federal law, in-depth analysis needs to be conducted in regards to this issue. (This is the same rationale as in Item #1.) Item #3. See Page 30 Section 27-20. Standards for subdivisions.] and other developments. (e) All new subdivisions and other developments within areas designated as Zone X (shaded) or Zone X (not shaded) shall comply with the followine: (1) The floodplaia administrator shall require, copy, and maintain all necessary permits from those eovernmental agencies from which approv_rl is required by Federal or State law, including section 404 of the Federal Water Pollution Control Act Amendments of 1972.33 U.S.C. 1334; f (2) For all proposed developments andlor subdivisions: (A) Zone X (shaded) -For new construction, the lowest floor shall be elevated at least two feet above the highest adjacent grade, and shall be required to provide adequate drainage paths around structures on slopes to eaide floodwater around and awav from proposed structures. ~B) Zone X (not shaded) -For pew construction, the lowest floor shall be elevated at least one foot above the highest adjacent grade, and shall be repaired to provide adequate drainage paths around. structures oa slopes to guide floodwater around and awav from proposed struMares. (3) Comply with the reagiremeats of section 27-24.1. We recommend that all of the above language in (e) he deleted. Chapter 27 has a very specific definition for "highest adjaoent grade" and "lowest floor". Note that in order To make: a level site, a common construction practice is a balanced "cut and Sll". With this understanding, the cut slopes ofproperties will end up having the lowest habitable floor far up in the air. This could lead to buildings that will not fit within height limitations pc~~ the zoning code or subdivision codes covenants and restrictions, will make compliance with ADA. very difficult, and lead to higher costs for building in general. This amendment is P.O. Box 624 Holualoa, HI 96725 ROR-987-6146 ltimura~~alum mit.edu JUL 13 20C7 10:30RM ROTH KIMURR LLP 808 324 6070 p.4 July 1 I, 2007 County of Hawaii -Dill S1, Ihafl #5 Page 4 of 6 tryurg to solve potential waterflow damage at the building wall. Water flow can be designed to move aoound a property in a multitude of ways to reduce potential damage. This amendment will have major impact with no cleaz benefit. Item #4. See Page 34 SECTION 16, Chanter 27, article 4, section 27- , Hawaii County Cade 1983 (2005 edition), as amended, is hereby added to read as follows: Section 27- .Standards for Zone X (shaded and not shaded). Zone X (shaded) is an area of moderate flood hazard and Zone X (not shaded) is an area of minimal flood hazard. Base flood elevations have not been determined for either Zone X. ~ To determine the locations of floodwavs or historic ditches within either Zone X. the director of public works may obtain, review, and reasonably utilize and base flood elevation and floodwav data available from a Federal, State, historic or local information, or other source, including information requested of a permit applicant. Development or subdivision proposals shall conform to the requirements of section 27-18 and 27-20. ~ The following information shall be provided by a permit applicant to they director of public works to evaluate the proposed construction or improvement site within a Zone X area• (1) Project location and site plan showing dimensions. (2) Relationship to one-hundred-veer and five-hundred-year flo_odway and floodwav fringes as determined by FIRMs, local, or historic information. (3) Contoar map showing the toooeraphy of existing around based on ele~•ation reference marks on flood maps. The scale and contours are to be appropriate to the work in question. (4) Existing, highest adjacent ,trade(s), and adequate drainage paths around structures on slopes to guide floodwater around and away from proposed structures. (5) Existing and proposed floodproofing and flood control measures. The director pf public works may require additional Informatlon i[ the director of rLublic works has insufficient information to make an evaluation and determination regarding flood hazards, or may request further information, including a detailed flood elevation stndv and a drainage report. to evaluate flood risks an_d determine the epplicabilhv of flood construction and development standards. We recommend that al] of the language in SECTION lti. Chanter 27, article 4, secttion 27- be deleted. 't'his creates an undue burden on the small property owners to provide Ure above information when no FEMA mapping is available. The Floodplain administrator shmild P.O. Box 624 Holualoa,III 96725 808-987-6146 lcimuraCalum.mitcdu JUL 13 20C7 10:30flM ROTH KIMURR LLP 808 324 6078 p.5 July 11, 2(NY7 Cuunty of Hawaii - ei(I 51, (haft #5 Page 5 of ti det<:rmine what types of information will be required for submittal. Only the Federal government has jurisdiction over re-mapping. We recommend that until this Federal mapping is ctlmpleted a process of determining edges of potential floodways within the Zone X and Zone X shaded by the Department of Public Works should be best determined by prol essionals lrnowledgeable in hydrology and codes. Item #5 See page 4 Section 27-4. Scope and methods. ~1) Reuuire new subdivisions and developments to mitieate the difference between the pre-development dischar¢e amount and the post-development discharEe amount based on the expected one-hoar, 25-veer storm event. The standard created by this subsection shall prevail until such time that the Department of Public Works "Storm Draina¢e Standards", dated October 1970. or env approved revision, is amended to conform to either the ernected one•honr, 25-veer storm event or to a higher standard if required by the floodplain administrator or this chapter. If there is a conflict between this chapter and env other chapter, the more restrictive standard shall spply; We recommend that all of (j) be deleted. We understand that the basis for this proposed ordinance is that there are some counties in California that arc using the 25 year ape-hour stoma event as their standazd. We also know that the geology of California and the Big Island are very different. A study should consider geology, pedology, meteorology, botany, topo~•aphy and history of flooding spedfically on the Big Island. We recommend that this proposed change be studied cazefully. A public presentation of impacts and cost-benefit anal~~sis as a result of the study needs to be shared with the public before enacting legislation as w-itten above. Itern #6. See Page 18 Section 27-16. Duties and responsibilities of the floodplain administrator. The floodplain administrator, with the cooperation and assistance of other County depa-tments, shall administer this chapter- The duties and responsibilities of the floodplain adtinistrator or designatedpersonts) shall include, but not be limited to: We recommend that " or desi tgttat_ed person(s)" be deleted. We also recommend that the "flood plain administrator" be a civil engineer, licensed in the State of Hawaii. We believe this is a necessary qualification for this job as he/she will have Beat discretionary powers. This qualification should be included in the ordinance. Item #7. See Page 25 Section 27-18. Standards for constriction. Standads for construction within areas of special flood hazards aze established as follows: (c) Filling. u Within areas where the grade oC the natural elevation of the wound surface prior to construction exceeds ten~ercent. fillin¢, eradine, and other develonment_which may P.O. Box 624 Holualoa, HI 96725 808-987-6146 ]cimuta@alum.mit.edu .JUL 13 20C7 10:31RM R'OTH KIMURR LLP 808 324 6078 p.6 July 11, 2007 County of Hawaii -Bill 51, Draft q5 Page 6 eF@. increase flooding or erosion hazazds shall be prohibited unless a professional civil enlaneer licensed in the State of Hawaii certifies that the development will contain its own runoff and not increase floodine or erosion in other areas. Creation of impermeable surfaces on such slopin~azeas will be limited to no more than forty vercent of the total land area of anv lot or vroposed new subdivision. Anv measures to be irrlplemented in order to prevent or decrease run-off or erosion shall be cleazly shown or described on the grading or infrastructure construction plan. We recommend that all of (6) be deleted. This is an example of anon-professional recommendation, with impacts that have not been studied. This shows no understanding of curr~lt zoning laws, azchitectural practices, and engineering practices. The certification aspect of this proposed ordinance is problematic in that a certification in this case is the equivalent of a guarantee. Design professionals design to codified standards, and accepted stan~azds of care. This proposed ordinance requires that a certification (guarantee) be prodded for any development, regardless of impermeable area, on lands with a greater than 10% grade. If professionals make certifications such as this, they would risk losing their liability insurance. This certification aspect alone will prevent many property owner,; from simple developments hke a house and gazage. We aze not sure haw the Floodplain Administrator will be able to approve a plan based on the criteria for this certification. Be awa'e that most of our rnauka communities are on slopes of greater than 10%. Also, the spat: al ramifications of this proposed ordinance is at odds with the Kona Community Development Plan in which the cornrnunity clearly spoke in favor of having more pedestrian oriented places. Pedestrian oriented design tends to have high percentages of impermeable surface in order to create the density needed to sustain pedestrian activities. This would impact our planned and existing villages and urban cores in a very undesirable way. Thank you for the opportunity to be a member of the ad hoc committee and welcome any dialogue with you as we continue to work together to improve Bill 51. Sine rely, American Institute of Architects, Hawaii Island Section, Executive Committee Roba;rt Nespor, AIA President Robin Inaba, AIA Vice-Preside~nt~j, ~ y John Dinmore, AIA Treasurer Kaxi Kimura, AIA Secretary,`~'L~ //~J Clerrison Lam, AIA Pa.,t-President John Pazazette, AIA Past-Treasurer ~'N' Temulce Cisco, AiA Director Peter Vincent, AIA President -AIA Honolulu Temp Dunlap, AIA Bill 51 ad hoc committee member Rich.Jrd Myers, AdA Chair, Building Science and Performance Committee of AIA Honolulu Tom Brockman, AIA Phil Davis, AIA 7.on ;iullenberger, AIA CCt Mayor Harry Kim, Bmce McClure -Director DPW, County Clerk P.O. Box 624 Holualoa, HI 96725 808-987-6146 kimura{~r)alum.mit.edu