HomeMy WebLinkAboutBIL 236 Draft 01 2006-2008 MSV or
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COUNTY OF HAWAII STATE OF HAWAII
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BILL NO. 235
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NO. 96-8 BY AMENDING THE
PORTION OF CONDITION L.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. 96-8 RECLASSIFIED LANDS
FROM AGRICULTURAL 5-ACRE (A-Sa) AND UNPLANNED (U) TO
AGRICULTURAL 1-ACRE (A-la) AT HONUAINO 3RD AND 4TH, HOKUKANO 1sT
AND 2ND, KANAUEUE 1sT AND 2xD HALEKI`I, KEEKEE 1sT AND 2xD ILIKAHI
KANAKAU 1sT AND 2xD KALLIKALU 1sT 2ND AND 3RD, AND ONOULI 1sT
NORTH AND SOUTH KONA, HAWAII, COVERED BY TAX MAP KEY: 7-9-12:4,
6, 9, 29; 8-1-4: 3, 56, 59-62, 64, 70; 8-1-26:1-3, 5-9, 11-57; 8-1-27:1-15, 17-26, 33-38,
43; 8-1-28:1-3, 7-18, 28-38, 40-43; 8-1-29:1, 2, 4, 6-46, 53-59, 62, 63; 8-1-30:1-9, 49, 51
(formerly 7-9-6: PORTION OF 1, 7-9-12: PORTIONS OF 3 AND 4 AND 8-1-4:
PORTION OF 3), AND INCLUDED A CONDITION L.4 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 L.4 of Ordinance
No. 96-8, which provided that a barricade or breakaway gate should be provided on Haleki`i
Street as a vehicular throughfare until the entire Mamalahoa Bypass from Napoopoo to Keauhou
is open to public travel.
SECTION 2. Section 3, Condition L of Ordinance No. 96-8 is amended as follows:
L. 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 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
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Haleki`i Street 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. [T°,'~~
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«a r -^1 «,.1.1:.... «,1] The use of Haleki'i Street as a
public vehiculaz thorou hghfare prior to the opening of the entire
Mamalahoa Bypass shall not be allowed yrior to the enactment of an
ordinance establishing interim controls and mitieation 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 stub-outs 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
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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 deleted is bracketed and struck through.
SECTION 4. In the event that any portion of this ordinance is declazed invalid, such
invalidity shall not affect the other parts of this ordinance.
SECTION 5. This ordinance shall take effect upon its approval.
INTRODUCED BY:
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COUNCIL ME R, COUNT OF AI`I
Hilo, Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE: Comm. 99,_,?
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