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AN ORDINANCE AMENDING ORDINANCE NO. 96-8 BY AMENDING THE PORTION OF CONDITION LA RELATING TO THE CONSTRUCTION OF A BARRICADE OR BREAKAWAY GATE TO PREVENT THE USE OF HALEKII STREET AS A VEHICULAR THOROUGHFARE PRIOR TO THE OPENING OF THE ENTIRE MAMALAHOA BYPASS. ORDINANCE NO. 96-8 RECLASSIFIED LANDS FROM AGRICULTURAL 5-ACRE (A-5a) AND UNPLANNED (U) TO AGRICULTURAL 1-ACRE (A-la) AT HONUAINO 3RD AND 4TH, HOKUKANO 1sT AND 2ND, KANAUEUE 1sT AND 2ND, HALEKI`I, KEEKEE 1sT AND 2ND ILIKAHI, KANAKAU 1sT AND 2ND, KALUKALU 1sT 2ND AND 3RD, AND ONOULI 1 sT NORTH AND SOUTH KONA, HAWAII, COVERED BY TAX MAP KEY: 7-9-12:4,6,9,29; 8-1-4:3,56,59-62,64,70; 8-1-26:1-3,5-9,11-57; 8-1-27:1-15,17-26,33-38,43; 8-1-28:1-3,7- 18, 28-38, 40-43; 8-1-29:1, 2, 4, 6-46, 53-59, 62, 63; 8-1-30:1-9, 49, 51 (formerly 7-9-6: PORTION OF 1, 7-9-12: PORTIONS OF 3 AND 4 AND 8-1-4: PORTION OF 3), AND INCLUDED A CONDITION LA STATING THAT A BARRICADE OR BREAKAWAY GATE MEETING WITH THE REQUIREMENTS OF THE DEPARTMENT OF PUBLIC WORKS, SHALL BE INSTALLED BY THE APPLICANT AS PART OF THE REQUIRED HALEKII STREET IMPROVEMENTS, THE PURPOSE OF THIS CONDITION BEING TO PREVENT THE USE OF HALEKI`I STREET AS A VEHICULAR THOROUGHFARE BETWEEN THE EXISTING MAMALAHOA HIGHWAY AND A PORTION OF THE MAMALAHOA HIGHWAY BYPASS UNTIL THE ENTIRE PROPOSED MAMALAHOA HIGHWAY BYPASS BETWEEN THE APPROXIMATE VICINITY OF KEAUHOU AND CAPTAIN COOK HAS BEEN COMPLETED AND OPENED FOR GENERAL PUBLIC USE. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. The purpose of this bill is to amend Section 3, Condition LA of Ordinance No. 96-8, which provided that a barricade or breakaway gate should be provided on Haleki`i Street as a vehicular thoroughfare until the entire Mamalahoa Bypass from Napo`opo`o to Keauhou is open to public travel. SECTION 2. Section 3, Condition L of Ordinance No. 96-8 is amended as follows: L. Roadway improvements and access(es) to the subject property, including all plans and construction, shall meet with the approval of the Department of Public Works. Prior to the issuance of Final Subdivision Approval for any portion of the subject property, the applicant shall: (1) construct the channelization and signalization of the Mamalahoa Highway- Haleki`i Street intersection; (2) determine the final right-of-way alignment of the entire Mamalahoa Highway Bypass between the approximate vicinity of Keauhou and Captain Cook, including its intersection areas and its acquired ownership