HomeMy WebLinkAboutCOM 0362.003 2008-2010
SidneyFuke, Planning Consultant
100 Pauahi Street: Suite 212 • Hilo: Hawaii 96720 • Planning • Variance • Zoning
Telephone: (808) 969-1522 • Fax: (808) 969-7996 • Subdivision • Land Use Permits
E-mail: sidfuke@hawaiiantel.net • Environmental Reports
June 9, 2009
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Councilperson Donald Ikeda, Chair
Council Planning Committee
COUNTY OF HAWAII G ~
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25 Aupuni Street
Hilo, HI 96720
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Dear Mr. Ikeda: ca
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Subject: Communication No. 362, Bill No. 87
Rezoning Application - Beth-An and Cary Nishijima
TMK: 2-2-035: 001 and 103
As you will recall, at the June I, 2008 Council Planning Committee, the subject matter
was unanimously recommended for favorable approval by your committee. We sincerely
appreciate this favorable recommendation.
It is my understanding that this matter will now be considered for first reading by the
Council on June 16. While I would like to be there to answer any possible questions, I am
unfortunately unable to attend the meeting, as I will be attending a conference on the mainland
then. As the applicant would like to proceed with the project as soon as practicable, it would
appreciate your continued processing of this matter, unless there are critical questions that must
be addressed before further action can be taken. In the latter event, we would request that the
matter be deferred to the next meeting.
Please also note that subsequent to the June I committee meeting, we were informed by
the Planning Department of the request by the Department of Environmental Management
("DEW') to consider an amendment that would possibly require a DEM-approved sewer study
prior to receipt of Final Plan Approval. We do not believe that to be necessary, as the DEM
already reviews and approves the project's proposed sewer system and/or requirements as part of
the building permit process. All commercial building permit applications must meet with the
requirements and approval of the Engineering Division for drainage and grading; Planning
Department for zoning code and any conditions of approval; Health Department for air
conditioning, food service, and related regulations; Wastewater Division for wastewater system;
Comm. No. 2'3
Ref. To:
Ref. Date Jd___ N ? -UN
Honorable Donald Ikeda
June 9, 2009
Page 2
Solid Waste Division if demolition is involved; and Building Division for plumbing, electrical,
and structural conformity to the Building Code.
Given that situation, it is my understanding that in the event the sewer system is deemed
inadequate or does not conform to DEM's requirement, the permit will not be approved. Only
after the concerns are addressed will the permit be approved by that agency and can then move
on to the other agencies for further review and action.
Thus, we submit that there are sufficient measures already in place that can address the
adequacy of the sewer system and the necessity to connect to the County sewer line and/or any
other alternative wastewater system. As such, the proposed requirement would appear to be
superfluous, create additional paperwork that results in a further delay of the permitting process,
and promote more bureaucracy at a time we are seeking ways to reduce the "red tape."
Notwithstanding the above, if this is a policy direction the County wishes to take, it may
be more prudent to amend the Plan Approval process of the Zoning Code rather than having the
concern addressed in a piecemeal fashion through individual rezoning application. However, if
the Council chooses to incorporate the proposed amendment as a condition of this bill, we would
like to respectfully request that there be a reasonable period within which the DEM must
comment on both the necessity of having such a study and, if one is required, its review and
action on the study. Without such a provision, a project can conceivably and unfairly be stalled
indefinitely.
Again, thank you very much and we would appreciate your consideration of the above.
Sincerely,
SI NEYYM. FUKE
Planning Consultant
Copy - Planning Director
Department of Environmental Management
Ms. Beth-An Nishijima