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HomeMy WebLinkAboutBIL 235 Draft 01 2006-2008 VV OSy ~L ~ COUNTY OF HAWAII STATE OF HAWAII ..,.or.M'~' ~ BILL NO. z35 ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 96-7 BY 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. ORDINANCE NO. 96-7 RECLASSIFIED LANDS FROM UNPLANNED (U) TO AGRICULTURAL 1-ACRE (A-la) AT HONUAINO 3RD AND 4rH, HOKUKANO Isr AND 2ND HALEKI`I, KEEKEE lsr AND 2ND, ILIKAHI, KANAKAU lsr AND 2ND KALUKALU lsr 2ND AND 3RD, AND ONOULI lsr, NORTH AND SOUTH KONA, HAWAII, COVERED BY TAX MAP KEY: 7-9-12:4 & 11; 8-1-4:3, 7, 65 & 68; 8-1-27:16, 20, 21, 27-43; 8-1-28:9, 10, 19-28, 30, 44-47; 8-1-30:1-3, 5-9, 12-53; 8-1-32:1-54; 8-1-33:1-20; 8-1-34:1-25 (formerly 7-9- 12: PORTION OF 3, 4 & 11 AND 8-1-4: PORTION OF 3), AND INCLUDED A CONDITION M.4 STATING THAT A BARRICADE OR BREAKAWAY GATE MEETING WITH THE REQUII2EMENTS 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 ENTIItE 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 M.4 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 Napoopoo 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 azeas 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 azea; 4. construct the extension of Haleki`i Street through the subject property as generally reflected in Exhibit "B", which phasing of improvements shall -2- be approved by the Department of Public Works. [TF '•,~r~ti o °«a ,.«,.«°a r The use ofHaleki'i Street as a public vehiculaz thorou fare prior to the opening of the entire Mamalahoa Bypass shall not be allowed prior to the enactment of an ordinance establishing interim controls and mitigation measures. 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 Alii Highway with such modifications as maybe 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 -3- modifications as maybe deemed necessary by the Deparhnent 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 incuned by the applicant, less the pro rata portion attributed to subject property;" SECTION 3. Material to be deleted is bracketed and struck through. SECTION 4. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 5. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEM R, COUNTY O AWAI`I Hilo, Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: -4- REEERENCE: Comm. 997 - 1 _ ' :'G 1:1'\x/ + I • - J~• a J " x ti• .1 r m ~n 7 •e \ - e L \ V! ~~/~~11 111311 r , ~ ,'~Ii, y;~ Q car' ~ ~ ~ J y/ I _ l I~ Si. `fir:-1` ( "R~ jVVV.!!! ~ . y J / •-w- ~ .M • I-r•- - s •!~)~~/-,iAC~~ ! ~~~.%'9I 1 ~ ! ~,1 r - J iJ a ~:~L~•:Y-~ +~J~~'' rUR REFERENCE ONLY'