HomeMy WebLinkAboutCOM 0997.013 2006-2008
y
fY of
Harry Kim Dixie Kaetsu
Mayor Managing Director
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,iil•pF•M~~1
Barbara I Kossow
wilun t ofclafuni'l Deputy Managing Director
25 Aupuni Street, Room 215 • Hilo, Hawaii 96672204252 (8(018) 961-8211 • Fax(808)961-6553
KONA: 75-5706 Kuakini Highway, Suite 103 Kailua-Kona, Hawai'i 96740
(808) 329-5226 • Fax (808) 326-5663 0
6
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n 3
March 27, 2008 .1.
J-1
OD
HONORABLE CHAIRMAN AND MEMBERS 3
HAWAII COUNTY COUNCIL v
HAWAII COUNTY BUILDING o
HILO, HI 96720
SUBJECT: BILL 235, DRAFT 3, AMENDING ORDINANCE NO. 96-7, RELATING TO
THE USE OF HALEKII STREET EXTENSION UPON DEDICATION TO THE
COUNTY
Reference is made to the following:
1. The County Council's Joint Committee meeting held on March 11, 2008 to discuss
proposed Bills 235, 236 and 251 relating to the test use of the Halekii Street Extension
upon its dedication to the County of Hawaii to allow Southbound motorists to use the
Mamalahoa Bypass and Halekii Street extension from 3:30 to 6:30 PM on weekdays,
except holidays.
2. The March 14, 2008 letter from Councilmember Brenda Ford to Council Chairman Pete
Hoffmann, submitting Bill 235, Draft 2.
As a follow up to the Joint Council Committee meeting and Councilmember Ford's Draft 2
referenced above, we are submitting the attached Administration Bill 235, Draft 3 for your
consideration. We have attached two versions of this for the convenience of the Council: one is
ramseyered from Ord. 96-07, and would be the actual bill, and the other is ramseyered from Bill
235, draft 2, to show the changes from that draft.
After discussing the results of the Council's Joint Committee meeting, Reference I above, and in
consideration of our original intent of the proposed traffic test to help reduce the negative
impacts of the travel delays experienced during the "Kainaliu Krawl", the following are the
major changes to traffic mitigation measures included in the Bill to ensure a timely
implementation of the proposed traffic test. p
Comm. No. 1
Ref. To:
Ref. Dote MAR 2 8 n
County of Hawai'i is an Equal Opportunity Provider and Employer.
Ltr. to Honorable Chairman and Members
March 27, 2008
Page 2
1. The Pedestrian Signal proposed on Halekii Street at or near the Muli Street Intersection
would be changed to a Pedestrian Warning Light. In consideration of the soon to be
completed 70 stall parking lot at the Clarence Lum Wong Park, the warning light and
crosswalk would be initially installed and once pedestrian traffic warrants have been
established, then a full pedestrian signal would be programmed, funded and installed at a
later date.
2. The Alii Drive/Kaleiopapa Road Intersection would be initially converted to a Three-
Way Stop and a Special Duty Police Officer would be hired during the test of the 3:30 to
6:30 PM one-way traffic test use of the Halekii Street Extension. This will allow the test
to proceed without sacrificing safety for any increases in traffic during the test time
period. At all other times when the Halekii Street Extension is closed, traffic at this
intersection would return to normal. Upgrading this intersection for a complete traffic
signal will proceed during the traffic test period and the signal would be activated as soon
as construction is completed alleviating the need for the Police officer.
3. The resolution of bike, pedestrian and right-of-way encroachments within three years has
been changed to establishing appropriate project scopes and program funding for these
projects to account for proper project planning, environmental reviews and land
acquisition in some cases to ultimately resolve some of the encroachment concerns.
4. The sunset provision has been extended from 12 to 18 months to provide additional time
to implement mitigation measures in the event of unforeseen complications in delivery
these projects before the traffic test is started.
The other changes made in Draft 3 are minor editorial and numbering changes that consistent
with Councilmember Ford's Draft 2 version of the bill, Reference 2 above. We will be happy to
present the attached Draft 3 at the April 9, 2008 Council meeting.
If you have any questions, please feel free to contact either our Planning Director, Mr. Chris
Yuen, or our Public Works Director, Mr. Bruce McClure.
Q~
Harry Kim
MAYOR
Attachment
cc: 1250 Oceanside w/ atch
Department of Planning w/ atch
Department of Public Works w/ atch
Department of the Corporation Counsel w/ atch
County of Hawaii is an Equal Opportunity Provider and Employer.
'V OF
Q: l:: ••••y4
COUNTY OF HAWAII STATE OF HAWAII
r
BILL NO. 235
ORDINANCE NO.
DPW PROPOSED DRAFT 3 RAMSEYERED FROM ORD. 96-07
AN ORDINANCE AMENDING ORDINANCE NO. 96-7 BY AMENDING THE PORTION
OF CONDITION MA RELATING TO THE CONSTRUCTION OF A BARRICADE OR
BREAKAWAY GATE TO PREVENT THE USE OF HALEKI`I STREET AS A VEHICULAR
THOROUGHFARE PRIOR TO THE OPENING OF THE ENTIRE MAMALAHOA BYPASS.
ORDINANCE NO. 96-7 RECLASSIFIED LANDS FROM UNPLANNED (U) TO
AGRICULTURAL 1-ACRE (A-1a) AT HONUA`INO 3RD AND 4T", HOKUKANO 1sT AND
2ND, HALEKI'I, KEEKEE 1sT AND 2ND, ILIKAHI, KANAKAU 11T AND 2ND, KALUKALU
IsT 2ND AND 3RD, AND ONOULI 1sT, NORTH AND SOUTH KONA, HAWAII, COVERED
BY TAX MAP KEY: 7-9-012:004 & 011; 8-1-004:003,007,065 & 068; 8-1-027:016,020,021,
027-043; 8-1-028:009, 010, 019-028, 030, 044-047; 8-1-030:001-003, 005-009, 012-053;
8-1-032:001-054; 8-1-033:001-020; 8-1-034:001-025 (formerly 7-9-012: PORTION OF 003,
004 & 011 AND 8-1-004: PORTION OF 003), AND INCLUDED A CONDITION MA
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 HALEKPI 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 HAWAI`L
SECTION 1. The purpose of this bill is to amend Section 3, Condition M4 of Ordinance
No. 96-7, which provided that a barricade or breakaway gate should be provided on Haleki`i
Street as a vehicular thoroughfare until the Mamalahoa Bypass from Napo`opo`o to Keauhou is
open to public travel.
SECTION 2. Section 3, Condition M of Ordinance No. 96-7 is amended as follows:
M. 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
or control. The applicant shall provide the Planning Director with a metes
and bounds description of each road right-of-way segment involved and
evidence of its ownership or control as deemed necessary by the Planning
Director. In lieu of the applicant obtaining or acquiring ownership or
control of any segment of the Mamalahoa Highway Bypass, the
requirement shall be deemed fulfilled upon the county's formal initiation
of condemnation action(s) for such segments and an agreement has been
entered into between the applicant and the county providing for the
applicant's reimbursement to the county for the acquisition of the lands
condemned;
3. construct the Mamalahoa Highway Bypass in its entirety between the
approximate vicinity of Keauhou and Captain Cook, consisting of two
lanes with sufficient right-of-way for a total of four lanes, provided
further, that the section of the Mamalahoa Highway Bypass between
Keauhou and Haleki`i shall be completed and available for public use
prior to the occupancy of any dwelling unit within the entire project area;
4. construct the extension of Haleki`i Street through the subject property as
generally reflected in Exhibit "B," which phasing of improvements shall
be approved by the Department of Public Works. [if-, befefe the
eempletion and opening ef the etitire N4afnalahea Highway Bypass, -a
e
pei4ien of said bypass is eempleted and e eenneetion to 14alek:: St«eetf a kef -ioade or- breakaway gate meeting with
the « ent., of the Department of Publ:e Worke shall he installed b5
-2-
pufpese of this ,.en ition is to pfevent the use of Halekii Street as R
rehieular ther..ughfi .e betykaen 01; k, e isting Mamalahe Highway and a
portion of the N,f. fnal.,hea Highway 0.....,ss until the entire nropesed
phis-xse-and] The use of Haleki'i Street Extension as a public vehicular
thoroughfare prior to the opening of the entire Mamalahoa Hi way
Bypass shall not be allowed prior to the completion and implementation of
the following mitigative measures by the appropriate departments of the
County of Hawaii:
A-. The mitigation measures applicable to Haleki`i Street shall be in
accordance with appropriate engineering standards, specifications
and recommendations, as follows:
install three (3) speed humps above Mamao Street and
three (3) speed humps below Muli Street;
(2) construct raised or textured intersections with traffic circle
at the Mamao Street/Haleki`i Street intersection and at the
Muli Street/Haleki'i Street intersection;
install 3-dimensional speed humps on Haleki`i Street
between Mamao Street and Muli Street;
install speed limit Smart Signs in commercial and
residential sections of Haleki`i Street
install pedestrian signal and mid-block crosswalk above
Mamao Street near Third Circuit Court building;
install pedestrian warning light and crosswalk on Haleki`i
Street near Muli Street and the Clarence Lum Won Park;
roughen the asphalt on Manawa Street, Haleki`i Street and
Nape Street;
-3-
lengthen right and left turn Storage Lanes at the Haleki`i
Street and Mamalahoa Highway signalized intersection;
restrict vehicles with three or more tons gross vehicle
weight in residential section of Haleki`i Street, Nape Street,
and Manawa Street
10 adjust signal timing and upgrade system at Haleki`i Street -
Mamalahoa Highway intersection;
b. The mitigation measures applicable to Ali`i Drive shall be in
accordance with appropriate engineering standards, specifications
and recommendations, as follows:
u adjust signal timing and upgrade signal systems to improve
efficiency at Kuakini Highway-King Kamehameha III
Road intersection and the AIN Drive-King Kamehameha
III Road intersection;
stripe left tum pockets and refuge lanes on AIN Drive at
driveways and intersections between King Kamehameha III
Road and the northwestern end of the Mamalahoa Highway
Bypass;
convert Ali`i Drive-Kaleiopapa Road intersection to a
three-way stop, clear vegetation to improve sight distance
and provide a Special Duty Police Officer during test
periods;
convert the Royal Poinciana-Ali`i Drive intersection and
the Lunapule Road and Ali`i Drive intersection to a
three-way stop as soon as practicable;
construct eight-foot shoulders on the makai shoulder of
AIN Drive between King Kamehameha III Road and
Kaleiopapa Road;
-4-
u install speed limit SMART signs on Ali`i Drive between
Lunapule Road and King Kamehameha III Road to assist in
speed enforcement;
install Smart Signs on the Mamalahoa Highway Bypass
between King Kamehameha III road and Kaleiopapa Road.
C. Commencement: Opening of Halcki`i Street as a public vehicular
thoroughfare prior to the completion of the entire Mamalahoa
Highway Bypass shall not be allowed until all mitigation measures
outlined in subsections M.4(a)(1)-(10) and M.4 b( )(047) above
have been completed and implemented.
d. Upon opening Haleki`i Street for use by the general public prior to
the opening of the entire Mamalahoa Bypass, traffic will only be
allowed in a southbound direction on the Mamalahoa Bypass Road
to the Haleki`i Street Extension, and then eastbound on Haleki`i
Street to the Mamalahoa Highway, Monday through Friday
between the hours of 3:30 p.m. and 6:30 p.m. (except holidays);
e. Neither the applicant, Oceanside 1250 (Hokuli`a) nor any of its
contractors or subcontractors shall use Haleki'i Street for any of its
construction vehicles and shall instead use King Kamehameha III
Road as the ingress and egress for all construction vehicles to the
Hokuli`aproiect or shall build a temporary connector road from
Mamalahoa Highway to the Mamalahoa Highway Bypass for
construction vehicles.
f Within three years from the effective of this amendment, the ounty
of Hawaii shall:
(1) install permanent, three-way signal lights at the
intersections of Royal Poinciana Drive - Ali`i Drive,
Lunapule Road - Ali`i Drive, and Hualalai Road - Ali`i
Drive;
(2) Construct a pedestrian path mauka of Ali`i Drive between
-5-
King Kamehameha III Road and the northwestern end of
the Mamalahoa Highway Bypass;
Establish a project scope to resolve bike, pedestrian, and
right-of-way encroachments on Ali`i Drive between
Kailua-Kona and Keauhou; and determine budget and
schedules and initiate projects as appropriate;
& Test period. Upon the opening of Haleki `i Street for use by the
general public, a 180-day test period shall commence. After the
first sixty (60) days have elapsed within the 180-day test period,
the Director of Public Works shall submit a report to the County
Council evaluating the effectiveness of the mitigation measures
and provide recommendations for additional mitigation, if any,
deemed necessary as the result of the test. The Director of Public
Works shall have the authority to suspend the test for safety
reasons. The County Council shall take appropriate action in
determining the continued use of Haleki`i Street as a public vehicle
thoroughfare; and
h. Sunset provisions. The amendment to Ordinance No. 96-7,
amending the portion of Condition MA relating to the construction
of a barricade or breakaway gate to prevent the use of Haleki`i
Street as a vehicular thoroughfare prior to the opening of the entire
Mamalahoa Bypass shall sunset upon the occurrence of either of
the following:
(1) mitigation measures outlined in subsections M.4a(1)-(10)
and M.4b(1)-(7) above are not complete and fully
implemented within eighteen (18) months from the
effective date of this ordinance, or,
prior to the expiration of the eighteen-month period, the
County Council determines that opening of Haleki`i Street
for use by the general public prior to completion of the
-6-
entire Mamalahoa Bypass has proven not to be in the best
interest of, and for the public good.
In the event of sunset, amendments to the portion of Condition MA of
Ordinance No. 96-7 relating to the construction of a barricade or
breakaway gate to prevent the use of Haleki`i Street as a vehicular
thoroughfare prior to the opening of the entire Mamalahoa Bypass, shall
be null and void and the original provisions of Condition M.1 through M.5
of Ordinance No. 96-7 shall control and remain in full force and effect.
5. provide roadway stub-outs, generally shown in Exhibit "B", to provide
future connections between the subject property and the adjacent
properties to the north and south; provided that such stubouts shall be
constructed in accordance with the construction phasing as approved by
the Department of Public Works;
The applicant shall construct the Mamalahoa Highway Bypass to standards set
forth by the Department of Public Works for Ali`i Highway with such
modifications as may be deemed necessary by the Department of Public Works.
The applicant shall provide a landscape buffer along highway sections within five
hundred feet of existing dwellings, as required by the chief engineer, to reduce the
impacts of noise and light on the residents therein and to generally beautify the
highway appearance in such locations; provided that the applicant shall enter into
a reimbursement agreement with the County which sets forth the terms and
conditions of reimbursement for costs incurred for the construction, land
acquisition and design of the Mamalahoa Highway Bypass out of funds paid to
the state and/or county by other developers or landowners whom the county may
determine as benefiting from the Mamalahoa Highway Bypass and which funds
are available to the county for such purpose; and provided further, that the total
amount of reimbursement due to the applicant shall not exceed the total cost of
land acquisition, design and construction of the Mamalahoa Highway Bypass
-7-
incurred by the applicant, less the pro rata portion attributed to the subject
property;"
SECTION 3. Material to be repealed is bracketed and stricken. New material is
underscored. In printing this ordinance, the brackets, bracketed and stricken material and
underscoring need not be included.
SECTION 4. Severability. If any provision of this ordinance, or the application thereof
to any person or circumstance, is held invalid, such invalidity shall not affect other provisions or
applications of the ordinance which can be given effect without the invalid provision or
application, and to this end, the provisions of this ordinance are declared to be severable.
SECTION 5. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
Hawaii
Date of Introduction:
Date of 1 st Reading:
Date of 2nd Reading:
Effective Date:
-8-
~l w .4
COUNTY OF HAWAII STATE OF HAWAII
i~•O,.M'~
BILL NO. 235
ORDINANCE NO.
(DPW PROPOSED DRAFT 3, RAMSEYERED FROM COUNCIL DRAFT 2)
AN ORDINANCE AMENDING ORDINANCE NO. 96-7 BY AMENDING THE PORTION
OF CONDITION MA RELATING TO THE CONSTRUCTION OF A BARRICADE OR
BREAKAWAY GATE TO PREVENT THE USE OF HALEKPI STREET AS A VEHICULAR
THOROUGHFARE PRIOR TO THE OPENING OF THE ENTIRE MAMALAHOA BYPASS.
ORDINANCE NO. 96-7 RECLASSIFIED LANDS FROM UNPLANNED (U) TO
AGRICULTURAL 1-ACRE (A-1 a) AT HONUA`INO 3RD AND 4T", HOKUKANO 11T AND
2ND HALEKI`I, KEEKEE 1ST AND 2ND, ILIKAHI, KANAKAU 1ST AND 2ND, KALUKALU
1sT 2ND AND 3RD, AND ONOULI 1sT, NORTH AND SOUTH KONA, HAWAII, COVERED
BY TAX MAP KEY: 7-9-012:004 & 011; 8-1-004:003, 007, 065 & 068; 8-1-027:016, 020, 021,
027-043; 8-1-028:009, 010, 019-028, 030, 044-047; 8-1-030:001-003, 005-009, 012-053;
8-1-032:001-054; 8-1-033:001-020; 8-1-034:001-025 (formerly 7-9-012: PORTION OF 003,
004 & 011 AND 8-1-004: PORTION OF 003), AND INCLUDED A CONDITION MA
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 HALEKI'I 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 M4 of Ordinance
No. 96-7, which provided that a barricade or breakaway gate should be provided on Haleki'i
Street as a vehicular thoroughfare until the Mamalahoa Bypass from Nap6`opo`o to Keauhou is
open to public travel.
SECTION 2. Section 3, Condition M of Ordinance No. 96-7 is amended as follows:
M. 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
or control. The applicant shall provide the Planning Director with a metes
and bounds description of each road right-of-way segment involved and
evidence of its ownership or control as deemed necessary by the Planning
Director. In lieu of the applicant obtaining or acquiring ownership or
control of any segment of the Mamalahoa Highway Bypass, the
requirement shall be deemed fulfilled upon the county's formal initiation
of condemnation action(s) for such segments and an agreement has been
entered into between the applicant and the county providing for the
applicant's reimbursement to the county for the acquisition of the lands
condemned;
3. construct the Mamalahoa Highway Bypass in its entirety between the
approximate vicinity of Keauhou and Captain Cook, consisting of two
lanes with sufficient right-of-way for a total of four lanes, provided
further, that the section of the Mamalahoa Highway Bypass between
Keauhou and Haleki'i shall be completed and available for public use
prior to the occupancy of any dwelling unit within the entire project area;
4. construct the extension of Haleki'i Street through the subject property as
generally reflected in Exhibit "B," which phasing of improvements shall
be approved by the Department of Public Works. The use of Haleki'i
Street Extension as a public vehicular thoroughfare [between the
11.1.....1..hea LI:..1'..ay and the existing, net4hefH seetien of the M5ffl" lah
a~auaaauauaavu uab
-2-
TSB] prior to the opening of the entire Mamalahoa Highway
Bypass shall not be allowed prior to the [eaaetmefft of an or-dinanee
establishi` g interim eentrels and mitigation m and the e «letion
of all mi.igatians stated ; eetions 44.6. and N4.7. even for- test e
tempermy completion and implementation of the followin¢
mitigative measures by the appropriate departments of the County of
Hawaii:
f~ provide roadway stab out..> genet- lly shown in Exhibit "B"J to «_,...i Ele
LL
futu fen etions between the subjent « e ft y and the adjaee«t
pFepefties to the aoFth and pe••th; « ,ided that sueh stibe••ts shell be
J
«stfueted i erdanee with then nstf: ietie« phasing red b)
the Department of Publie Works;
6- The effeetii. a of the amendment the portion of Gendition MA
rel„fing to the e stnaetion of a b add or br-eakaway gate t.. « ..t the
tise of Haleki'i Qt.-eet a .ehieular thoroughfare prior to epenifig ..f
the entire TJQ... al..he Bypass, shell be . ubjeet to the a «letie« and
implefaentation of the f llowing mitigative measu f a by theappropriate
..ts ofthe County of l4 i.l
a. The mitigation measures applicable to Haleki`i Street shall be in
accordance with appropriate engineering standards, specifications
and recommendations, as follows:
[a install three (3) speed humps above Mamao Street and
three (3) speed humps below Muli Street;
[b-.R2) construct raised or textured intersections with traffic circle
at the Mamao Street/Haleki`i Street intersection and at the
Muli Street/Haleki`i Street intersection;
[E](3) install 3-dimensional speed humps on Haleki`i Street
between Mamao Street and Muli Street;
[d:](4) install speed limit Smart Signs in commercial and
residential sections of Haleki`i Street;
-3-
[e:](5) install pedestrian signal and mid-block crosswalk above
Mamao Street near Third Circuit Court building;
[]Q5J install pedestrian [signal] warning light and [mid hleek]
crosswalk on Haleki`i Street near Muli Street and the
Clarence Lum Won Park;
[g.](7) roughen the asphalt on Manawa Street, Haleki`i Street and
Nape Street;
[h-.](8) lengthen right and left turn Storage Lanes at the Haleki`i
Street and Mamalahoa Highway signalized intersection;
[h]am restrict [tfuek tYeFfie in residential neetiee] vehicles with
three or more tons gross vehicle weight in residential
sections of Haleki`i Street[;] , Nape Street, and Manawa
Street;
MOO) adjust signal timing and upgrade system at Haleki`i
Street - Mamalahoa Highway intersection;
The eFC ,.t:..,,,.ess of then endme"t to the pei4ien o
re^a:lion N1 _ela frog to the nstmHotinn of . baffieaae e
br-eakaw y gate to p e.,t the use ,.F 44gleki : Ct1eeL as a .eh:n„lnr
thffOughfar-e prior to th e opening of the ,.tire T,fa..,.,lahen I])pasn
f
shell be .,.,h eet to thecompletion an : ple,..e.Aa fi of the
following fnitig five measures by theappropriate de«aAments eF
the County of Hawai'i.]
b. The mitigation measures applicable to Ah'i Drive shall be in
accordance with appropriate engineering standards, specifications
and recommendations, as follows:
adjust signal timing and upgrade signal systems to improve
efficiency at Kuakini Highway-King Kamehameha III
Road intersection and the Ali`i Drive-King Kamehameha
III Road intersection;
-4-
[1}](2) stripe left turn pockets and refuge lanes on Ali`i Drive at
driveways and intersections between King Kamehameha III
Road and [axd] the northwestern end of the Mamalahoa
Highway Bypass;
[E](3) convert Ali`i Drive-Kaleiopapa Road intersection to a
three-way [steel lighend] stop, clear vegetation to
improve sight distance[;] and provide a Special Duty Police
Officer during test periods;
[4-.](4) convert the Royal Poinciana-Ali`i Drive intersection and
the Lunapule Road and AIN Drive intersection to a
three-way stop as soon as practicable;
[m](5) construct eight-foot [bike ] shoulders on
the makai shoulder of Ali`i Drive between King
Kamehameha III Road and Kaleiopapa Road;
[](o install speed limit SMART signs on Ali`i Drive between
Lunapule Road and King Kamehameha III Road to assist in
speed enforcement;
[g.](7) install Smart Signs on the Mamalahoa Highway Bypass
between King Kamehameha III road and Kaleiopapa Road.
[g]c. Commencement: Opening of Haleki`i Street as a public vehicular
thoroughfare prior to the completion of the entire Mamalahoa
Highway Bvpass[bet o n the * affl,l.,haa High.. ay an ] he
existing afthe etio of the NU alahe High- Way 13 s] shall
not be allowed until all mitigation measures outlined in subsections
[*4.6 (a j` and N4. ( MA(a)(1)-(10) and MA(b)(1)47) above
have been completed and implemented,
d. Upon opening Haleki`i Street for use by the general public [driv-in
„atb end fee the ..dm B "h] prior to
the opening of the entire Mamalahoa Bypass, traffic will only be
allowed in a southbound direction on the Mamalahoa Bypass Road
-5-
to the Haleki`i Street Extension, and then eastbound on Haleki`i
Street to the Mamalahoa Highway, Monday through Friday
between the hours of 3:30 p.m. and 6:30 p.m. (except holidays);
Neither the applicant, Oceanside 1250 (Hokuli`a) nor any of its
contractors or subcontractors shall use Haleki'i Street for any of its
construction vehicles and shall instead use King Kamehameha III
Road as the ingress and egress for all construction vehicles to the
Hokuli`a project or shall build a temporary connector road from
Mamalahoa Highway to the Mamalahoa Highway Bypass for
construction vehicles.
[449}f. Within three years from the effective of this amendment, the
County of Hawaii shall:
[a.](1) install permanent, three-way signal lights at the
intersections of Royal Poinciana Drive - Ali`i Drive,
Lunapule Road - Ali`i Drive, and Hualalai Road - Ali`i
Drive;
[?m](2) Construct a pedestrian path mauka of Ali`i Drive between
King Kamehameha III Road and the northwestern end of
the Mamalahoa Highway Bypass;
[E](2) Establish a project scope to resolve bike, pedestrian, and
right-of-way encroachments on Ali`i Drive between
Kailua-Kona and Keauhou; and determine budget and
schedules and initiate projects as appropriate;
[Wi]g. Test period. Upon the opening of Haleki`i Street for use by the
general public, a 180-day test period shall commence. After the
first sixty (60) days have elapsed within the 180-day test period,
the Director of Public Works shall submit a report to the County
Council evaluating the effectiveness of the mitigation measures
and provide recommendations for additional mitigation i• .f any
deemed necessary as the result of the test. The Director of Public
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Works shall have the authority to suspend the test for safety
reasons. The County Council shall take appropriate action in
determining the continued use of Haleki`i Street as a public vehicle
thoroughfare; and
[4-2-:]h. Sunset provisions. The amendment to Ordinance No. 96-7,
amending the portion of Condition M.4 relating to the construction
of a barricade or breakaway gate to prevent the use of Haleki`i
Street as a vehicular thoroughfare prior to the opening of the entire
Mamalahoa Bypass shall sunset upon the occurrence of either of
the following:
[a:](1) mitigation measures outlined in subsections [*".r6(aj) and
"4] M.4a(1)-(10) and M.4b(1)-(7) above are not
[been] complete and fully implemented within [twelve
(12)] eighteen (18) months from the effective date of this
ordinance; or,
[b:](2) prior to the expiration of the [twelve month
eighteen-month period, the County Council determines that
opening of Haleki`i Street for use by the general public
prior to completion of the entire Mamalahoa Bypass has
proven not to be in the best interest of, and for the public
good.
In the event of sunset, amendments to the portion of Condition M.4 of
Ordinance No. 96-7 relating to the construction of a barricade or
breakaway gate to prevent the use of Haleki`i Street as a vehicular
thoroughfare prior to the opening of the entire Mamalahoa Bypass, shall
be null and void and the original provisions of Condition M.1 through M.5
of Ordinance No. 96-7 shall control and remain in full force and effect.
5. provide roadway stub-outs, generally shown in Exhibit "B", to provide
future connections between the subiect property and the adjacent
properties to the north and south; provided that such stubouts shall be
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constructed in accordance with the construction phasing as approved by
the Department of Public Works;
The applicant shall construct the Mamalahoa Highway Bypass to standards set
forth by the Department of Public Works for Ali`i [Drive] Hi wa with such
modifications as may be deemed necessary by the Department of Public Works.
The applicant shall provide a landscape buffer along highway sections within five
hundred feet of existing dwellings, as required by the chief engineer, to reduce the
impacts of noise and light on the residents therein and to generally beautify the
highway appearance in such locations; provided that the applicant shall enter into
a reimbursement agreement with the County which sets forth the terms and
conditions of reimbursement for costs incurred for the construction, land
acquisition and design of the Mamalahoa Highway Bypass out of funds paid to
the state and/or county by other developers or landowners whom the county may
determine as benefiting from the Mamalahoa Highway Bypass and which funds
are available to the county for such purpose; and provided further, that the total
amount of reimbursement due to the applicant shall not exceed the total cost of
land acquisition, design and construction of the Mamalahoa Highway Bypass
incurred by the applicant, less the pro rata portion attributed to the subject
property;"
SECTION 3. Material to be repealed is bracketed and stricken. New material is
underscored. In printing this ordinance, the brackets, bracketed and stricken material and
underscoring need not be included.
SECTION 4. Severability. If any provision of this ordinance, or the application thereof
to any person or circumstance, is held invalid, such invalidity shall not affect other provisions or
applications of the ordinance which can be given effect without the invalid provision or
application, and to this end, the provisions of this ordinance are declared to be severable.
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SECTION 5. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
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