HomeMy WebLinkAboutCOM 0176.121 2006-2008
.]UM 28 2007 6:57PM ROTH KIMURF Ll_P 808 324 6078 p.l
A.~ Hawaii Island Section
A Se:tlon of
The >rtterlcan InstRute of Architects ' ~ ~ • ~ , ~ ,
Honolulu Chapter ~ t J.;, t ~ I ~
June 28, 2007
Hawaii County Council
25.aupuni Street, Suite 209 Hilo, HI 96720 FAX: 808-961-8912
64-L067 Mamalahoa Hwy., Suite C-5 Kamuela, HI 96733 FAX: 808-887-2072
75-5706 Hanama PLace Suite 109 Kailua-Kona, HI 96740 FAX: 808-329-4786
RE: Counri of Hawaii - Bi1151
DeFr Honorable Council members:
We need to state for the record that the AIA Hawaii Island Section strongly disagrees with the
staU:ment, "tile 10 year one-hour storm drainage standard is too little and the proposed 100 yeaz
24-hour flood water detention is too great". Councilman Ford has asked that the architectural
and engineering wmmunity propose an amendment that falls somewhere in between. An answer
is not forthcoming because we think it is in'esponsible to say that the current storm drainage
standards or flood control ordinances are at fault without proper analysis.
Without proper analysis the added language that goes beyond NFIP compliance could lead to
gre~.ter harm to the public health, safety, and welfare. For example, during the ad hoc committee
meeting, civil engineers pointed out the consequences of, "To regrrire that when any relocation of
a watercourse or historic ditch takes place that it be engineered to be capable of carrying the
waG;r from at least the 100.yeaz storm event"l. A consequence of this added language is that if a
mau.ka property owner upgrades his waterway per this proposed ordinance, he will be increasing
the intensity of water at the outt]ow point of his property whether or not his makai neighbor's
portion of the waterway can handle the increased intensity.
Yes, there aze incidents of flooding in West Hawaii, and the AIA supports good flood control
measures. However, to our knowledge, there has been no analysis as to the cause of recent
flooding events. For example at Konawaena and Waiaha, was the cause: 1) That there was no
licensed engineer consulted prior to grading? 2) Current design standards? 3) Design? 4)
Implementation of the design? 5) County enforcement? 6) Lenient penalties? 7) An
unfortunate occurrence of heavy rainfall prior to stabilization of graded azeas? 8) Poor site
design of impacted property? 9) Pooz maintenance of existing waterways? 10) Other factors?
It is not the responsibility of the local architects and engineers to take on such a study, We have
no authority to demand access to a site and pertinent documents. And who should pay for such a
study? Anon
profit professional organization like the AIA cannot be expected to pay for a study
of this magnitude. !f the Council decides that a study is necessary then, the Council must
appropriate public funds to hire qualified consultants licensed in the state of Hawaii to conduct
such analysis, present it to the public, and suggest appropriate amendments to the Code.
' Bi1151 Propuud Draft #5, page 3 Section 27-3 (n)
P.O. Box 624 Holnaloa, HI 96725 8(>8-987-6146 limura~alum.mi[.edu
Comm. NQ. ~ T Z'
Ref. Ta 1'rosee ~µnr; )
Ref. Date_,!l~ ? 0 2007
JUN 28 2007 6:57PM ROTH KIMURR LLP 808 324 6078 p.2
Juoe 26, 2007 County of Hawaii - Bitl SL Page 2 of 2
Mary qualified professionals have submitted over 30 pages of commentary in regazds to Bi115]
to aid in your review of the Bill and we have participated in the ad hoc committee in this regard.
We have reviewed Bi1151 Proposed Draft #5, An Ordinance Amending Chapter 27 Flood
Control, and still see great problems with the added language that goes beyond NFIP
compliance. We are particulazly opposed to the revised definition: "Floodplain or flood-prone
area" means any land azea susceptible to being inundated by water (which includes the entire
Isla~td of Hawaii) from any source...".2 Properties that have ntinirnal threat of flooding will now
be subject to this chapter of the Code. For example due to the revised defmition, there will be no
stru~:tural fill allowed anywhere on the entire Lsland of Hawaii3. We are also opposed to:
"Require that all new subdivisions and developments, regardless of the Flood Zone, provide for
stornwater nmoff detention to at least the 100-year-storm event on that property or pazcel, for
later release at a restricted rate after the storm subsides"". This will result in a dam-like structure
at tte bottom of every parcel on the entire Island of Hawaii to collect water for later release. A
typi:al drywell or catchbasin will not work to detain stormwater as these drainage systems
percolate water into the ground immediately. To trigger this requirement, understand that the
deft rition of developments is basically any man made change to real estate. These aze only two
exatnples of many that begin to illustrate the problems with Bi1151 Proposed Drafr #S.
We are 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
recetnrrtendations. First, 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. Second, 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
anrLor capital improvement projects that aze aimed directly at the true problems.
We 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.
Sincerely,
American Institute of Architects, Hawaii Island Section, Executive Committee
Robert Nespor, AIA President Robin Inaba, AIA Vice-President
Johu Dinmore, AIA Treasurer Karl Kimura, AIA Secretary ~ ~
Cletnson I.arrt, AIA Past-President John Parazette, AIA Past-Treasurer
Terrance Cisco, AIA Director Peter Vincent, AIA President -AIA Honolulu
Terry Dunlap, AIA Bill 51 ad hoc committee member
Richazd Myers, AIA Chair, Building Science and Performance Committee of AIA Honolulu
CC' Wes[ Hawaii Today, Hawaii Tribune Herald, Honolulu Advertiser, Ma}'or Harry Kim
z Ibid ,page 9, Secfion 27-12 "Flood plain or flood-prone area"
3Ibid, page 4, Section 27-4 (q (5)
Ibid, page 4, Section 27-4 (j)
5 Ibid, page 8, Section 27-12 "Development"
PA. Box 624 Holualoa, HI 96725 808-987-6146 kimura@alum.mit.edu