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HomeMy WebLinkAboutCOM 0363.004 2008-2010 SidneyFuke, Planning Consultant 100 Pauahi Street, Suite 212 • Hilo, Hawaii 96720 • Planning • Variance • Zoning Telephone: (808) 969-1522 • Fax: (808) 969--7996 7996 • Subdivision • Land Use Permits E-mail: sidfuke@hawaiiantel.net • Environmental Reports June 9, 2009 N C. t~ Councilperson Donald Ikeda, Chair Council Planning Committee c COUNTY OF HAWAII z n rV 25 Aupuni Street Hilo, HI 96720 Dear Mr. Ikeda: ca CI7 Subject: Communication No. 363, Bill No. 88 Rezoning Application - Dr. Trevor Rodrigues TMK: 2.2-050: 043 As you will recall, at the June 1, 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 1 committee meeting, we were informed by the Planning Department of the request by the Department of Environmental Management ("DEM") 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. b 3 Ref. To: i iu Ref. Date ~ON^ 16 2009 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, SIDNEY M. FLJKE Planning Consultant Copy - Planning Director Department of Environmental Management Dr. Trevor Rodrigues