HomeMy WebLinkAboutCOM 0997.003 2006-2008
MtY oe y
Phone: (808) 327-3642
K. ANGEL PILAGO Fax :(808)329-4786
Council Vice Chair Email: kapilago@co.hawaii.hi.us
Council Member, District 8
.,r` ~•M,iI
HAWAII COUNTY COUNCIL
County of Hawai `i
Kadua Trade Center CO
75-5706 Hanama Place, Suite 109 _
Katlua-Kona, Hawai9 96740 p ~2-7 .,).1
"O
DATE: February 28, 2008
TO: Pete Hoffmann, Council Chair
and Members of the Hawaii County Council w rv
FROM: K. Angel Pilago
Council Member
RE: Proposed Amendment to Bill 236 (R mg to Amending finance 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)
Attached is a proposed amendment to Bill 236. Bill 236 was submitted via Communication No.
997 dated January 29, 2008, from Mayor Harry Kim. The proposed amendments outline
mitigation measures that are necessitated as the result of amending the portion of Condition L.4
of Ordinance 96-8 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.
The proposed amendments to Bill 236 are to existing Condition L.4 and L.5 and to create new
Conditions L.6 - L.10, are illustrated via Ramseyer format, and read as follows:
"(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. The use of [14alekr i]
Haleki` i Street as a public vehicular thoroughfare prior to the opening of
the entire [Nilamalakea] Mamalahoa Bypass shall not be allowed prior to
the enactment of an ordinance establishing interim controls and mitigation
measures;
Gomm. No. 4 7- 3
ReL To: C.
Ref. Date _ ~LB28 2lIQB_
Hawai `i County Is An Equal Opportunity Provider And Employer
(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 effectiveness of the amendment to 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, shall be subject to the completion and
implementation of the following mitigative measures by the appropriate
departments of the County of Hawaii. The mitigation measures
applicable to Haleki`i Street shall be in accordance with appropriate
engineering standards, specifications and recommendations, as follows:
a. install three (3) speed humps above Mamao Street and below Muli Street;
b. construct raised or textured intersections with traffic circle at the Mamao
Street/Haleki`i Street intersection and at the Muli StreetfHaleki`i Street
intersection;
c. install 3-dimensional speed humps on Haleki`i Street between Mamao
Street and Muli Street;
d. install speed limit Smart Signs in commercial and residential sections of
Haleki`i Street;
e. install pedestrian signal and mid-block crosswalk above Mamao Street
near Third Circuit Court building;
f. install pedestrian signal and mid-block crosswalk west of Muli Street near
the Clarence Lum Won Park;
g, roughen the asphalt on Manawa Street, Hateki`i Street and Nape Street;
h. lengthen right and left turn Storage Lanes at the Haleki`i Street and
Mamalahoa Highway signalized intersection;
i. restrict truck traffic in residential section of Haleki`i Street;
1 adjust signal timing and upgrade stem at Haleki`i Street intersection;
(7 The effectiveness of the amendment to 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, shall be subject to the completion and
implementation of the following mitigative measures by the appropriate
departments of the County of Hawaii. The mitigation measures
applicable to Ali`i Drive shall be in accordance with appropriate
engineering standards, specifications and recommendations, as follows:
a. adjust signal timing and upgrade signal systems to improve efficiency at
Kuakini Highway-King Kamehameha III Road intersection and the Ali`i
Drive-King Kamehameha III Road intersection;
b. stripe left turn pockets and refuge lanes on Ali`i Drive at driveways and
intersections between King Kamehameha III Road and Kaleiopna Road;
c. convert Ali`i Drive-Kaleiopapa Road intersection to a three-way stop,
clear vegetation to improve sight distance and provide a Special Duty
Police Officer during test periods;
d. convert the Royal Poinciana-Ali`i Drive intersection and the Lunapule
Road and Ah' i Drive intersection to a three-way stop;
e. construct eight-foot walking path on the makai shoulder of Ali`i Drive
between King Kamehameha III Road and Kaleiopapa Road;
f. install speed limit SMART signs on Ali`i Drive to assist in speed
enforcement;
(8) Commencement: Opening of Haleki`i Street as a public vehicular
thoroughfare shall not be allowed until all mitigation measures outlined in
subsections L(6)(a-j) and L(7)(a-f) above have been completed and
implemented. Upon opening Haleki`i Street for use by the general public,
traffic will only be allowed in a southbound direction on the Mamalahoa
Bypass Road to the Haleki`i Street Extension, and then eastbound on
Haleki`i Street to the Mamalahoa Highway, Monday through Friday
between the hours of 3:30 p.m. and 6:30 p.m. (except holidays);
(9) Test period. Upon the opening of Haleki`i Street for use by the general
public, a 180-day test period shall commence. After sixty (60) davs have
elapsed within the 180-day test period, the Director of Public Works shall
submit a report to the County Council evaluating the effectiveness of the
mitigation measures and provide recommendations for additional
mitigation deemed necessary as the result of the test. The County Council
shall take appropriate action in determining the continued use of Haleki`i
Street as a public vehicle thoroughfare; and
(10) Sunset provisions. The amendment to Ordinance No. 96-8, 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 shall
sunset upon the occurrence of either of the following:
a. mitigation measures outlined in subsections L(6)(a-i) and
L(7)(a-f) above are not been complete and fully implemented
within twelve (12) months from the effective date of this
ordinance; or,
be prior to the expiration of the twelve-month period, the County
Council determines that opening of Haleki`i Street for use by the
general public prior to completion of the entire Mamalahoa Bypass
has proven not to be in the best interest of, and for the public
good
In the event of sunset, amendments to the portion of Condition L(4) of
Ordinance No. 96-8 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, shall
be null and void and the original provisions of Condition L(l) through
L(S) of Ordinance No. 96-8 shall control and remain in full force and
effect."
Proposed amendments are ramseyered against Draft 1 of Bill 236. These proposed amendments
are incorporated into the attached proposed draft of Bill 216, Draft 2.
KAP/mpd
Att.
AN ORDINANCE AMENDING ORDINANCE NO. 96-8 BY AMENDING THE PORTION OF
CONDITION LA 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-5a)
AND UNPLANNED (U) TO AGRICULTURAL 1-ACRE (A-la) AT HONUAINO 3RD AND
4T", HOKUKANO 1sT AND 2ND, KANAUEUE I" AND 2ND, HALEKI'I, KEEKEE 1sT AND
2ND ILIKAHI, KANAKAU 1sT AND 2ND, KALUKALU 1sT 2ND AND 3RD, AND ONOULI I",
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-t-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 LA 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 LA 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
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. [if-, befefe the
eempletieft and aperting of the e«t;..e Marnalahea Highway Bypass,
peftion of said b.T..s ; pleted and opened, and said ...,,.t;en p .;'fies
Pte'
a baffieade of breakaway Street, gate,
fneeting
'th tmh t~ vr nvpcacnxcrisvrr-uo f th esxc e De` ayanent of Pube lic e Werk.. all be
'i'r"tar°requirements n~r-oracT shall be
installed by the applioant pat-7t of the r-ed 14 leki'i Street
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"~t" The .....'.'."se of this e ~'l on is ie ~ °~t the use °f
until the entire proposed T amalahea High.: ay Bypass h°t..,°°~ th-e
and opened f - rte _..1 publi° . ~a] The use of Haleki`i Street as a
public vehicular thoroughfare prior to the opening of the entire
[Mamalaheal 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 stub-outs shall be
constructed in accordance with the construction phasing as approved by
the Department of Public Works[-.];
The effectiveness of the amendment to 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, shall be subject to the completion and
implementation of the following mitigative measures by the appropriate
departments of the County of Hawaii. The mitigation measures
applicable to Haleki`i Street shall be in accordance with appropriate
engineering standards, specifications and recommendations, as follows:
a. install three (3) speed humps above Mamao Street and below Muli
Street;
b. construct raised or textured intersections with traffic circle at the
Mamao Street/Haleki`i Street intersection and at the Muli
Street/Haleki`i Street intersection;
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C. install 3-dimensional speed humps on Haleki`i Street between
Mamao Street and Muli Street;
d. install speed limit Smart Signs in commercial and residential
sections of Haleki`i Street;
e. install pedestrian signal and mid-block crosswalk above Mamao
Street near Third Circuit Court building;
f. install pedestrian signal and mid-block crosswalk west of Muli
Street near the Clarence Lum Won Park;
& roughen the asphalt on Manawa Street, Haleki`i Street and Nape
Street
hm lengthen right and left turn Storage Lanes at the Haleki`i Street and
Mamalahoa Highway signalized intersection;
i. restrict truck traffic in residential section of Haleki`i Street;
j. adjust signal timing and upgrade system at Haleki`i Street
intersection;
The effectiveness of the amendment to 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, shall be subject to the completion and
implementation of the following mitigative measures by the appropriate
departments of the County of Hawaii. The mitigation measures
applicable to Ali`i Drive shall be in accordance with appropriate
engineering standards, specifications and recommendations, as follows:
a. adjust signal timing and upgrade signal systems to improve
efficiency at Kuakini Highway-King Kamehameha III Road
intersection and the Ali`i Drive-King Kamehameha III Road
intersection;
b. stripe left turn pockets and refuge lanes on Ali`i Drive at driveways
and intersections between King Kamehameha III Road and
Kaleiopapa Road;
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C. convert Ali`i Drive-Kaleiopapa Road intersection to a three-way
stop, clear vegetation to improve sight distance and provide a
Special Duty _Police Officer during test periods;
d. convert the Royal Poinciana-Ali`i Drive intersection and the
Lunamle Road and Ali`i Drive intersection to a three-way stop;
ea construct eight-foot walking path on the makai shoulder of Ali`i
Drive between King Kamehameha III Road and Kaleiopga Road;
f. install speed limit SMART signs on Ali`i Drive to assist in speed
enforcement;
(8) Commencement: Opening of Haleki`i Street as a public vehicular
thoroughfare shall not be allowed until all mitigation measures outlined in
subsections L(6)(a-i) and L(7)(a-fl above have been completed and
implemented. Upon opening Haleki`i Street for use by the general public,
traffic will only be allowed in a southbound direction on the Mamalahoa
Bypass Road to the Haleki`i Street Extension, and then eastbound on
Haleki`i Street to the Mamalahoa Highway, Monday through Friday
between the hours of 3:30 p.m. and 6:30 p.m. (except holidays);
(9) Test period. Upon the opening of Haleki`i Street for use by the general
public, a 180-day test period shall commence. After sixty (60) days have
elapsed within the 180-day test period, the Director of Public Works shall
submit a report to the County Council evaluating the effectiveness of the
mitigation measures and provide recommendations for additional
mitigation deemed necessary as the result of the test. The County Council
shall take appropriate action in determining the continued use of Haleki`i
Street as a public vehicle thoroughfare; and
(10) Sunset provisions. The amendment to Ordinance No. 96-8, 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 shall
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sunset upon the occurrence of either of the following:
a. mitigation measures outlined in subsections L(6)(a-j) and L(7)
(a-f) above are not complete and fully implemented within
twelve (12) months from the effective date of this ordinance, or,
b. prior to the expiration of the twelve-month period, the County
Council determines that opening of Haleki` i Street for use by th
general public prior to completion of the entire Mamalahoa Bypass
has proven not to be in the best interest of, and for the public
good.
In the event of sunset, amendments to the portion of Condition L(4) of
Ordinance No. 96-8 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, shall be
null and void and the original provisions of Condition L(1) through L(5) of
Ordinance No. 96-8 shall control and remain in full force and effect.
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 may be deemed necessary by the Department of Public Works.
The applicant shalt 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 terns 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
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land acquisition, design and construction of the Mamalahoa Highway Bypass
incurred 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.
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