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HomeMy WebLinkAboutCOM 0176.124 2006-2008 UNPLANNED DEVELOPMENT OF MAKAI WAIAHA FLOODPLAIN July 2007 The draft Bi1151 being proposed today by Council member Brenda Ford is designed to correct several problems that have resulted in increased flooding on our island. The National Flood Insurance Program (NFIP) is designed to reduce flood damage by encouraging development away from FEMA floodplains. The attached plat map of TMK 7-5-17, the FEMA Waiaha floodplain from about 700- foot elevation (upper) to 30-foot elevation (lower), provides an excellent example of why Chapter 27, Floodplain Management, needs to be strengthened above minimum NF1P standazds. It shows why the duties and responsibilities of the county's Floodplain Administrator need to more cleazly stated through legislation. Ford's Draft 5 accomplishes this. The solid green areas represent existing development (D, G). Hatched and cross-hatched areas represent development applications with some level of approval (A-C, E, F, H). Pink azeas (I, J) represent announced plans for channelization. Red azeas (K,L) represent possible FEMA NFIP violations. The General Plan requires a Floodplain Management Program. However, the lack of coordination, consideration, and communication within the government agencies and private business concerns involved in the development of the Waiaha floodplain make it cleaz that no effective Floodplain Management Program exists in this county. There is no comprehensive plan for the Waiaha floodplain or any other floodplain in Kona, despite the massive amount of deforestation and development that is occurring and being planned in and around this and other floodplain areas. Ford's Draft 5 requires plans for all of our county's floodplains. The attached map proves the urgent need for this requirement. Grading work azound the northern splitflow (L) has been approved by the County prior to fmal approval of engineering plans for the floodplain or application for a FEMA Conditional Letter Of Map Revision (CLOMR). Should a heavy rainfall event occur, this decision will prove to have been imprudent, at the very least. Ford's Draft 5 will require the DPW to obtain a CLOMR prior to approval of construction permits. It will also require better public notice to allow persons potentially affected by a proposed floodplain alteration with the opportunity to become more involved. FEMA NFIP Hiles require a Letter of Map Revison application within 6 months after completion. County chief engineer, Garen Kuba, has complained that DRHorton's civil engineer has refused to provide necessary information to County (K). FEMA considers the county, not the developer, to be in violation of NFIP FEMA Hiles in this situation. Ford's Draft 5 will require a developer to submit all information necessary for a LOMR Comm. Na ~7G• Ref. Ta hae~ ~ItMe.'/ Ref, irate 'ifn~~ ~n„~~ application within 60 days after completion to provide more time for the DPW to comply with FEMA NFIP standards. The Director of Public Works has stated that there is little that DPW can do to mitigate the impacts of development once discretionary approvals have been granted. Planning Director Chris Yuen says there is little that the Planning Department can do once zoning is granted. This map makes it clear that subdivision and other development applications should be brought before the County Council for review and approval. MAP KEY /~1 Planning Director Chris Yuen granted tentative subdivision approval of "Waiaha Ridge" on Apri127, 2007. The file in Kona contains no flood study or information as to impact on and/or plan for Waiaha floodplain. B Planning Director Yuen granted final subdivision approval of Kona Coffee Plantation and Mill on August 24, 2006. The file in Kona contains no flood study or information as to impact on and/or plan for Waiaha floodplain. C Waiaha Systems II was recently granted 1,500 water commitments (over 50% of Waiaha water well output) by the Department of Public Works in exchange for a water main from Waiaha well to Kahalu'u water distribution system. Impact of Waiaha floodplain on water main not discussed or mentioned. ~ Pualani Estates is a dense urban subdivision that is neazly built-out. The Waiaha floodplain has been altered. Developer refuses to provide LOMR application to county DPW. E Pua'a Suffolk granted rezoning in 2006. Flood study completed. Has applied for FEMA Conditional Letter of Map Revision (J) to channelize Waiaha floodplain. F Lava Kuakini LLC purchased property in 2005 for $1.4 million. Rezoning approved by prior Council in 2006 for "affordable housing development". Currently on the mazket for $7.5 million. The file in Kona contains no flood study. C7 Kona Sea Villas has been flooded by both Waiaha Splitflows #1 and #2 on two sepazate occasions since completion of development in 2004. Homeowners and neighbors were unanimously opposed to Sunstone LLC SMA permit application in Planning Commission. Planning Director gave favorable recommendation. SMA Permit approved without flood study. Developer's civil engineer announced plans to alter and channelize Waiaha floodplain. Sunstone LLC has received all discretionary approvals. File in Kona contains no flood study. ~ Waiaha Splitflow #2 floodplain will be moved to southern property boundary and mauka-makai connector road is planned. Developer's civil engineer testified at Planning Commission that intersection of intersection of Kuakini Hwy. and connector road will flood in 100-year event because culverts under Kuakina Hwy. "are inadequate". Impact to downslope properties unlmown. Waiaha Splitllow #2 floodplain will be expanded beyond current floodplain at top of property, channelized to lower portion of property, flow will be expanded beyond current floodplain at bottom of property. K Waiaha Splitflow #2 floodplain completed over one year ago. FEMA NFIP rules require a Letter of Map Revison application within 6 months after completion. County chief engineer, Galen Kuba, has complained that the developer's civil engineer refuses to provide necessary information to County. County is in violation of NFIP and FEMA rules. Grading pemut issued without Conditional Letter of Map Revision. County Department of Public Works still negotiating with developer's civil engineer on floodplain engineering. 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