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HomeMy WebLinkAboutCOM 0027.054 2000-2002 40,~~Y OF h4~ 1 Harry Kim j : ~ Mayor ;.j Dennis K. W. Lee + ~ ~ j Director OF ~14p~ F - - r_ ~ 11a t, 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.