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<br /> <br /> Communication 997 <br /> Bill 236 <br /> Page 2 of 4 <br /> <br /> <br /> Director Yuen notes that despite severe traffic congestion on Mamalahoa Highway, the <br /> Mamalahoa Bypass (paralleling Mamalahoa Highway from Keauhou to Haleki`i Street), cannot <br /> be used because of the Conditions of Ordinance No. 96-8. Mr. Yuen states the County <br /> Administration believes that opening the Mamalahoa Bypass to Haleki`i Street will help ease <br /> traffic problems on the Mamalahoa Highway in North and South Kona. The Planning Director <br /> notes the following history of the Hokuli`a project relevant to understanding the delays in <br /> completing the Bypass Highway: <br /> <br /> • Ordinance 96-8 amended Ordinance 94-73 (which earlier rezoned a large adjoining area) <br /> from Unplanned (U) and Agricultural 5-acre (A-5a) to Agricultural 1-acre (A-la). <br /> <br /> • Ordinance 96-7 rezoned a large area in North and South Kona from Unplanned (U) to <br /> Agricultural 1-acre (A-1 a). <br /> <br /> • One of the conditions of the 1996 rezonings required the developer to construct, at its <br /> expense, a public highway from Napo`opo`o to Keauhou. The only intermediate link <br /> from the Mamalahoa Highway to the Bypass was to be Haleki`i Street, which the <br /> developer was also required to construct the extension of Haleki`i Street to the Bypass. <br /> <br /> • The Mamalahoa Bypass, in similar form, had been planned since the 1960's, and is <br /> included in the County General Plan facilities maps in the 1971, 1989 and 2005 General <br /> Plans. <br /> <br /> • In 1990 and 2000 subdivision approvals for the first two increments were obtained and <br /> most of the necessary right-of-way from neighboring landowners to build the Mamalahoa <br /> Bypass secured through negotiations. <br /> <br /> • In 2000 lawsuit was filed against the developer and some governmental parties regarding <br /> claims that the project did not conform to state land use law regarding the use of land in <br /> the agricultural district. <br /> • In 2003, Third Circuit Court decision upheld claims based on Chapter 205 HRS and <br /> enjoined further development, including construction of the Bypass Highway within the <br /> project. At that time the highway was completed from Keauhou to almost the Haleki` i <br /> Street intersection. <br /> <br /> • In 2006, a settlement agreement was reached among the parties, allowing the project to <br /> continue, reducing the number of home sites from 730 to 670. <br /> <br /> • In October 2007, a Third Circuit Court Judgment was entered permitting the County of <br /> Hawaii to acquire the right-of-way through the Coupe property, and setting the amount <br /> of compensation. This decision is on appeal. <br /> <br /> <br /> <br /> JC-PWIRC; FC & PC Report No. 8 <br />