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HomeMy WebLinkAboutREP PC 056 03/21/2006 2004-2006 REPORT OF THE COMMITTEE ON PLANNING DATE: March 21, 2006 Re: Comm. No. 686/Bill No. 223 PLACE: Sheraton Keauhou Bay Resort & Spa, Kailua-Kona TIME: 2:30 p.m. Council Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Planning was referred Communication No. 686 and Bill No. 223, transmitted by Mayor Harry Kim on February 3, 2006, regarding a Change of Zone request BY HAWAII ELECTRIC LIGHT COMPANY, INC. (HELLO) for the Keahole power plant at Keahole, North Kona, Hawaii, TMK: 7-3-49:36 and 37. Your Committee reports as follows: Bill No. 223 seeks to amend Section 25-8-3 (North Kona 7,one Map), Article 8, Chapter 25 (7,oning ('ode) of the Hawai" i County Code, by changing the District Classification of approximately 15.643 acres of land from Open (O) to General Industrial 15-acre (MG-15a). Communication No. 686 reports that the Hawaii County Planning Commission, as required by the Hawaii County Charter, Chapter 4, Section 6-4.3(C), considered the above request and accompanying BiII No. 223 on January 20, 2006. The Commission concurred with the Planning Director's favorable recommendation on this matter. Communication No. 686 transmits the following findings and recommendations from the Planning Director: I . "Fhe subject properties were originally zoned Open by the County to conform to their State Land Use Conservation district designation. The State BLNR approved a reclassification of these properties from the Conservation to the Urban district on November 7, 2005 by Docket No. A03- 743. The current request to rezone the parcels from the Open to the General Industrial zoned district will bring the properties into conformance with their existing industrial use. 2. The subject parcels are the site of the existing Keahole power plant, which is located east of Queen Ka`ahumanu Highway and the Kona International Airport at Keahole in North Kona. The existing power plant was developed in the early 1970's. The existing 104-foot tall exhaust stack was permitted within the State Land Use Conservation district, and is a legal non-conforming use under the Zoning Code. 3. Reservoir Road on the north side and Pukiawe Street to Kaiminani Drive on the south side of the properties provide access to Queen Ka'ahumanu Highway. A Traffic Impact Analysis dated October 2004 (Appendix A) indicates that these two intersections provide an adequate level of service to the site. 4. A Final Environmental Impact Statement (EIS) for the Keahole power plant expansion was accepted by the State Land Use Commission on February 10, 2005 and by written order dated May 24, 200. 5. Planned upgrades for the existing power generating facility will convert two existing simple-cycle combustion turbines to a combined-cycle system capable of generating 60 MW net power. The applicant also proposes to install a selective catalytic emissions reduction system and to improve the existing wastewater treatment system to dispose ofsite-generated waste. The Airport PC REPORT NO. 56 Communication 686 Bill 223 Page 2 Substation facility, which services residents and businesses in the area, will be upgraded and landscaped to mitigate visual impacts on the surrounding community. 6. The approval of the Change of Zone request from the Open (O) to the General Industrial 15-acre (MG-I Sa) zoned district would result in an appropriate land use pattern that will further benefit the public based on the following: • The proposed change of zone is in alignment with the Energy and Land Use elements of the General Plan, which states that the County shall "allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County." The LUPAG map designates the project site as an Urban Expansion Area, which allows for industrial uses such as the Keahole power generating facility. The requested zoning more accurately reflects the existing use of the property for over 30 years as a power plant. • Surrounding land uses include the Kona Palisades Subdivision to the southeast, the State's Keahole Agricultural Park to the south, four 90-toot broadcast towers owned by the Big Island Broadcasting Company to the east, DHHL vacant land to the north, and a vacant parcel zoned A- Sabetween the power plant and the highway to the west. The applicant proposes to install perimeter landscaping and fencing, with electronic security gates, to help buffer the plant from neighboring properties. • All essential services and utilities are available to the project site. • The Federal Emergency Management Agency Flood Insurance Map (FIRM) identifies the site as "X"' or outside the 500-year flood plain. • The Final ElS established standards and controls to manage potential negative effects on valuable resources in the area. "I'he monitoring of wastewater discharged into underground injection wells is in accordance with U[C permit requirements. Emissions from the Keahole Generating Station are monitored and must comply with State and Federal ambient air quality standards. 7. Requisite of the Planning Director's favorable recommendation for the Change of Zone request are thirteen conditions contained in Bill No. 223 that outline specific requirements for the proposed project. At the March 21, 2006 Planning Committee, Joel Gimpel, representing the Kona Traffic Safety Committee, presented testimony. Mr. Gimpel stated that although the proposed request will not generate a significant amount of traff ic, given the great potential for growth in the area and the many developments already proceeding, careful examination must be given to the overall situation. Mr. Gimpel suggests reducing the number of intersections on Queen Ka`ahumanu Highway and seeking contributions from HELCO to convert the signalized airport road intersection to a grade separation. Agrade-separated intersection would increase safety and reduce traffic delays and congestion when Queen Ka`ahumanu Highway is converted to four lanes. The Applicant's representative, Lee Sichter of Belt Collins Hawaii, provided a brief history about the Applicant's request for change of zone and provided background information regarding HELCO's plant operation and proposed improvements. PC Report No. 56 Communication 686 Bill 223 Page 3 Plamring Director Chris Yuen stated the change should have been done a long time ago. Mr. Yuen explained that when the power plant was built, this type of use was allowed within the Conservation District and thereafter HELCO periodically made improvements to the power plant through Special Use Permits. The Applicant's request for a change of zone from Open to the General Industrial zoned district brings the 15+-acre parcel into conformance with the current industrial use. Therefore, the Planning Director is recommending approval of Applicant's request. Council Member Gary Safarik stated he supports Applicant's request but had concerns with the "after the fact" method of achieving rezoning and, more importantly, the potential precedence this process may set. He stated there appears to be the potential for acquiring a land use approval through the Special Use Permit process and then later requesting a zone change to conform. The Planning Director responded that as much as he doesn't like to discuss precedence, matters such as these are taken on a case by case basis. Director Yuen concluded by stating "the fact that something exists on the ground will ultimately affect what has to be done." Representative Lee Sichter clarified that HELCO's power plant was initially approved to operate in the Conservation District in 1973. He stated that as a result of the redistricting that was approved in 1995, HF.LCO now needs to request that the County Council change the district classification from Open to General Industrial 15-acre in order to conform. He concluded that the installation of steam turbine generators at The plant is energy efficient, and the recent expansion of the plant has increased employment from twelve (12) employees to fifteen (I S) employees. Your Committee on Planning concurs with the Planning Commission and the Planning Director's favorable recommendation for approval of the Change of Zone request. Your Committee on Planning is in accord with the intent and purpose of Bill No. 223 and recommends it pass first reading. and Aves Noes nee ex Respectfully submitted, ARA KAKI HIGA g COMMITTEE ON PLANNIN~ HOFFMANN HOLSCHUH X IKEDA X ~ S~ 156LLL X K. Angel Pilagt , hair JACOBSON NILAGO X SA FARIK X PC REPORT NO. 56 ADOPTED: APR 0 5 2006