HomeMy WebLinkAboutCOM 0027.054 2000-2002 40,~~Y OF h4~
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Harry Kim j : ~
Mayor ;.j Dennis K. W. Lee
+ ~ ~ j Director
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DEPARTMENT' OF PUBLIC WORDS
25 Aupuni Street, Room 202 • Hilo, Hawaii 96720-4252
(808) 961-8321 • Fax (808) 961-5630
September 28, 2001
THE HONORABLE JAMES Y ARAKAKI
COUNCIL CHAIR
HAWAII COUNTY COUNCIL
25 AUPUNI STREET
HILO HAWAII 96720
SUBJECT: BILL NO. 195 DRAFT 4 - W.H. SHIPMAN, LTD., APPLICANT
Change of Zone from A-20a to MCX-20
TMK: 1-6-03: Portion of 7, Keaau, Puna, Hawaii
In February of this year, Mayor Kim requested that the Change of Zone request by W.H.
Shipman, Ltd. for its proposed Keaau Gateway Center be deferred to address certain concerns
related to the proposed conditions of approval. Mayor Kim's concern related to the assurance of
construction of the connector road between the proposed Keaau Gateway Center and the Keaau-
Pahoa Road Extension (Connector Road 2 as described in Bill 195), which will provide a direct
access between the project area and Keaau Village. More specifically, Mayor Kim wanted to
ensure that the construction of this road was clearly the responsibility of the applicant and that
the road would be developed within a reasonable time period.
Since that time, we have been working with W.H. Shipman, Ltd. to address the Mayor's
concerns related to the connector road between the proposed Keaau Gateway Center and Keaau
Village. In this regard, the County, through its Department of Public Works has developed
proposed amendments to Condition N. of Bill No. 195, Draft 4. This proposed amendment
provides the following:
• That the applicant, W.H. Shipman, Ltd. shall be responsible for the construction of the
connector road between Keaau Gateway Center and Keaau Village.
• In order to assure construction of this connector road, Shipman shall be required to
provide a bond or other financial security meeting with the approval of the Planning
Director. This bond or financial security shall be in place prior to occupancy of any
portion of the Keaau Gateway Center project area.
Coma, Noa
ale No,
Inf. T'o•
Ref. Date ~~f g L[~€~# .
Ltr. to Honorable James Y. Arakaki
Page 2
September 27, 2001
• The construction of the connector road shall be completed within eighteen (18) months of
the DPW's determination that the Road A/Volcano Highway/Keaau Bypass intersection
is being adversely impacted.
The DPW is also requesting that Condition M of Bill No. 195, Draft 4 be amended to require that
the design of the connector road between the proposed Keaau Gateway Center and Keaau
Village is completed within one year from Final Subdivision Approval of the Keaau Gateway
Center area. The current requirement allows two years for the completion of the design. This
will assure that the connector road alignment is set and the design completed on a timely manner.
This will further provide additional assurance that this connector road shall be completed.
Please find attached a copy of the proposed amendments to Conditions M and N in a Ramseyer
format showing proposed amendments from Draft 4.
Should the Council decide to accept these proposed amendments, the Mayor will support the
adoption of Bill 195, which will rezone the proposed Keaau Gateway Center project area from
Agricultural to Mix Use Commercial-Industrial.
Thank you for your patience on this matter. We believe that the time taken to ensure that the
Mayor's concerns have been addressed will result in a better development for this region of the
County.
I.~ 1C • W . oCsw
DENNIS K. W. LEE, P. E.
Director
cc: Mayor Harry Kim
Bill No. 195 Draft 4 - W.H. Shipman, Ltd, Applicant
Change of Zone from A-20a to MCX-20
TMK: 1-6-03: Portion of 7, Keaau, Puna, Hawaii
Proposed Revisions to Conditions M and N of Bill No. 194, Draft 4
M. The applicant shall construct a connector road ("Connector Road 2"), meeting with the
approval of the Department of Public Works, between Melekahiwa Street/Road A and
the Keaau-Pahoa Extension prior to the County's issuance of the approval of occupancy
for any development within the Keaau Gateway Project Area Phase II as shown on
Exhibit "B" attached hereto. Final design including preparation of construction drawings
for Connector Road 2, shall be financially assured by bond or other means meeting with
the approval of the director, as part of final subdivision approval for any portion of the
Phase I area and shall be completed within one 1 [two (2)] years thereafter. Connector
Road 2 may be constructed in stages, the first of which shall consist of a preliminary
vehicular access (hereinafter defined as road improvements constructed to non-dedicable
standards meeting with the safety and design requirements of the Department of Public
Works). Construction of the first stage shall be completed prior to the issuance of the
County's approval of occupancy for any portion of the Phase II area. The second stage
shall consist of upgrading the preliminary vehicular access to dedicable standards,
meeting with the approval of the Department of Public Works, and which shall be
constructed concurrently with the development of the lands immediately fronting the
roadway. Connector Road 2 shall be consistent with the approved future roadway
circulation plan and shall be dedicated to the County of I-Iawaii upon completion. In
conjunction with final subdivision approval for any portion of the Project Area (Phase I),
the applicant shall record a covenant, meeting with the approval of the Planning Director,
with the Bureau of Conveyances requiring the construction of Connector Road 2 in the
manner and schedule prescribed above.
N. [Should the County determine that construction of Connector Roads 1 and/or 2 is
required prior to the schedule described above, the County may, at its own cost, improve
the roadway(s). In this event, the applicant shall dedicate the road right(s)-of-way at no
cost to the County upon its request.] Should the County, through its Department of
Public Works, determine that the Road A/Volcano Highway/Keaau Bypass intersection is
being adversely impacted, it mawrequire that Connector Road 2 be constructe_ d~rior to
the development schedule, as provided in Condition M, above. "Adversely impacted"
shall mean that the subject intersection has reach LOS "D" La 45 second control dela as
determined bra Traffic Im
acp t Anal sis Report (TIAR). The DPW may require the
applicant to ~ are the TIAR or prepare its own TIAR at is sole discretion Upon
determination that there is an adverse impact the first state of Connector Road 2 as
defined in Condition M, above, shall be completed b ty he applicant within ei,_hteen
months of notification by the County. The construction of Connector Road 2 shall be
financially assured by bond or other means meeting,with the approval of the director
prior to the Count~pproval of occupancy of any portion of the project area.