HomeMy WebLinkAboutCOM 0997.010 2006-2008
BRENDA J. FORD " •"vt~ Phone: (808) 326-5684
Council Member Fax: (808) 329-4786
District 7 -Central Kona .i E-Mail: bford@co.hawaii.hi.us
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HAWAI'I COUNTY COUNCIL
County ofHawai'i
Kailua Trade Center -'3-
75-5706 Hanama Place, Suite 109 t'-' -
Kailua-Kona, Hawaii 96740 ti•~
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DATE: March 24, 2008
TO: Pete Hoffmann, Chair
and Members of the Hawaii County Council
FROM: Brenda J. Ford, Council Membe4 q _p
RE: Transmittal of Proposed Amendments to Bill 235, Draft 2, Relating to Amending
Ordinance No. 96-7 by Amending the Portion of Condition MA 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
During the March 11, 2008, joint meeting of the Committees on Finance, Public Works and
Intergovernmental Relations, and Planning, a valid point was expressed that amendments to Bill 235
should not be designated as new "Conditions". The title to Bill 235 restricts amendments to Condition
MA.
Therefore, I would like to propose the following amendments to Bill 235, Draft 2, which will reformat
Bill 235, Draft 2, so that all amendments that have been approved by the council thus far are now
contained within Condition MA.
Therefore, for the most part, the proposed amendments contained herein are "housekeeping" by nature,
and not substantive. There are other "housekeeping" amendments proposed. These proposed
amendments are detailed in each numbered item below.
Of note, there is one purely substantive amendment proposed herein. I am proposing to delete Condition
M.7.g. (as referenced in Draft 2 of Bill 235).
The proposed amendments to Bill 235, Draft 2, are illustrated via Ramseyer format and bolding.
I. SECTION 1. of Bill 235, Draft 2, is amended to add diacritical marks to Hawaiian words, and
reads as follows: 41 4q 47 Comm. No. '!0
Ref. To:
Serving the Interests of the People of Our Island Ref. Date MAR 2 8 2003
Hawaii County Is An Equal Opportunity Provider And Employer
March 24, 2008
Page 2
"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) Mamalahoa Highway Bypass from
[Napeopool NAP6'opo`o to Keauhou is open to public travel."
2. Condition M.4 of Bill 235, Draft 2, is amended to incorporate previously created Conditions M.6
- A 12 into Condition M.4, delete Condition M.7.g. (as referenced in Draft 2), add diacritical marks to
Hawaiian words, correct reference citations to certain conditions, capitalize certain words, and add and
remove certain non-substantive words that were inadvertently left out or included in Communication
No. 997.4, 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 [Haleld'-i] Haleki`i Street [Extension] as a
public vehicular thoroughfare between the [A4amalahea]
Mamalahoa Highway and the existing, northern section of the
[A4amalahea] Mamalahoa Highway Bypass prior to the opening
of the entire Mamalahoa Highway Bypass shall not be allowed
prior to the enactment of an ordinance establishing interim controls
and mitigation [measure] measures and the completion of all
mitigations as stated in [ ption° "4.6. °-a r.°.] Conditions M.4
a and b, even for test or temporary situations;
[6-.1 a. The effectiveness of the amendment to 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] Mamalahoa Hiehway 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
March 24, 2008
Page 3
measures applicable to Haleki`i Street shall be in
accordance with appropriate engineering standards,
specifications and recommendations, as follows:
[a:] in [install] Install three (3) speed humps above
Mamao Street and three (3) speed humps below
Muli Street;
[l}] (2) [eonstruet] Construct raised or textured
intersections with traffic circle at the Mamao
Street/Haleki`i Street intersection and at the Muli
Street/Haleki`i Street intersections;
[e:] (3) [install] Install 3-dimensional speed humps on
Haleki`i Street between Mamao Street and Muli
Street;
[d:] [install] Install speed limit Smart Signs in
commercial and residential sections of Haleki`i
Street;
[e:] (5) [install] Install pedestrian signal and mid-block
crosswalk above Mamao Street near Third Circuit
Court building;
6) [instal I Install pedestrian signal and mid-block
crosswalk on Haleki`i Street near Muli Street and
the Clarence Lum Won Park;
[g.] Ej [roughen] Roughen the asphalt on Manawa Street,
Haleki`i Street, and Nape Street;
[h:] M [lengthen] Lengthen right and left turn Storage
Lanes at the Haleki`i Street and Mamalahoa
Highway signalized intersection;
(9) [restrietI Restrict vehicles with three or more tons
gross vehicle weight in residential sections of
Haleki`i Street, Nape Street, and Manawa Street;
and
[j.] (10)[adfust] Adjust signal timing and upgrade system
at Haleki`i Street - [Mamalahoa] Milmalahoa
Highway intersection[;
March 24, 2008
Page 4
[-7-.1 b. The effectiveness of the amendment to the portion
of Condition M.4 relating to the construction of a barricade
or breakaway gate to prevent the use of Halcki`i Street as a
vehicular thoroughfare prior to the opening of the entire
[Afamalahea] MAmalahoa Highway 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:
!L [adjust] 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, as appropriate;
[b:] Q [stripe] Stripe left turn pockets and refuge lanes on
Ali`i Drive at driveways and intersections between
King Kamehameha III Road and [aad] the
northwestern end of the JAU aalahea] Mamalahoa
Highway Bypass;
[e.] Q [eenvert] Convert Ali`i Drive-Kaleiopapa [head]
Street intersection to a three-way signal light and
clear vegetation to improve sight distance;
[d:] (4) [eenvert] Convert the Royal Poinciana Drive -
AIN Drive intersection and the Lunapule Road -
AIN Drive intersection to a three-way stop as soon
as practicable;
[e.] M [eenstruet] Construct eight-foot bike and walking
path on the makai shoulder of Ali`i Drive between
King Kamehameha III Road and Kaleiopapa
[head] Street; and
(6) [install] Install speed limit SMART signs on Ali`i
Drive between Lunapule Road and King
Kamehameha III Road to assist in speed
enforcement[;].
March 24, 2008
Page 5
install SMR14 signs on the Maffiftlahoft Highway
and Kaleiopapa
[8-.] c. Commencement: Opening of Haleki`i Street [Extension]
as a public vehicular thoroughfare between the
[#lamalahea] Mamalahoa Highway and the existing,
northern section of the [114emalabeal Mamalahoa
Highway Bypass shall not be allowed until all mitigation
measures outlined in [subseetions A4.6 (a j) and A4.7(a
g~] Conditions M.4.a.(1-10) and M.4.b.(1-7) above have
been completed and implemented. Upon opening Haleki`i
Street for use by the general public driving eastbound from
the [114amalahea] Mamalahoa Highway Bypass, such
traffic will only be allowed in a southbound direction on
the Mamalahoa Highway Bypass to the Halcki`i Street
Extension, and then eastbound on the Haleki`i Street
Extension onto 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-.] d. Neither the applicant, Oceanside 1250 (Hokuli`a) nor any
of its contractors or subcontractors shall use [Haleki'iI
Haleki`i Street for any of its construction vehicles and shall
instead use King Kamehameha III Road as the ingress and
egress for all construction vehicles to the Hokuli`a project
or shall build a temporary connector road from
[Mamalahoa] Mamalahoa Highway to the [Mamalahoa]
Mamalahoa Highway Bypass for construction vehicles[.];
[44.] e. Within three years from the effective date of this
amendment, the County of Hawaii shall:
March 24, 2008
Page 6
[a:]fh [instal!] Install permanent, three-way signal lights
at the intersections of Royal Poinciana Drive - Ali`i
Drive, Lunapule Road - Ali`i Drive, and [Hualalai]
Hualalai Road - Ali`i Drive;
W.1(2) Construct a pedestrian path mauka of Ali`i Drive
between King Kamehameha III Road and the
northwestern end of the [Mamalahoa] Mamalahoa
Highway Bypass; and
[e:1(3) Resolve bike, pedestrian, and right-of-way
encroachments on Ali`i Drive between Kailua-Kona
and Keauhou
[44-.] E Test period. Upon the opening of Haleki`i Street for use by
the general public as a public vehicular thoroughfare
between the Mamalahoa Highway Bypass and the
Mamalahoa Highway, a 180-day test period shall
commence. After the first 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 Extension as a public vehicle
thoroughfare; and
[4-2-.1g Sunset provisions. The amendment to Ordinance No. 96-7,
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
March 24, 2008
Page 7
to the opening of the entire Mamalahoa Highway Bypass
shall sunset upon the occurrence of either of the following:
[w.]M[mkigatien] Mitigation measures outlined in
[ ] Conditions
M.4.a.(1-10) and MA.b.(1-7) above [age] have
not been [eemplete] completed and fully
implemented within twelve (12) months from the
effective date of this ordinance; or,
[I}](2)[flFief[ Prior to the expiration of the twelve-
month period, the County Council determines that
opening of Haleki`i Street Extension 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 M.4 of Ordinance No. 96-7 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 M.1
through M.5 of Ordinance No. 96-7 shall control and
remain in full force and effect."
3. The final paragraph of Condition M is amended to change "AIN Drive" back to "Alii Highway",
as council approved amendments to this paragraph should not have been included in proposed
amendments set forth in Communication No. 997.4. Amendments to Bill 235 are limited by the title of
the bill to Condition MA only. This final paragraph pertains to the entire Condition M. Therefore, the
paragraph is amended to read as follows:
March 24, 2008
Page 8
"The applicant shall construct the Mamalahoa Highway Bypass to
standards set forth by the Department of Public Works for [""n.,-«a]
AM Highway with such modifications as may be 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 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;""
4. SECTION 3 of Bill 235, Draft 2, is amended to add provisions to the Ramseyer format clause,
whereby material that is proposed for addition is accounted for, and reads as follows:
"SECTION 3. Material to be deleted is bracketed and struck
through. New material is underscored. In printing this ordinance, the
brackets, bracketed material, and underscoring need not be
included."
A draft of the proposed Bill 235, Draft 3, is attached with the proposed amendments incorporated.
Bolding was retained for illustrative purposes.
Thank you.
BJF
Att.
AN ORDINANCE AMENDING ORDINANCE NO. 96-7 BY AMENDING THE PORTION OF
CONDITION MA 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 4T", HOKUKANO IT AND
2ND HALEKI`I, KEEKEE 1sT AND 2ND ILIKAHI, KANAKAU 1sT AND 2ND, KALUKALU
1sT 2ND AND 3RD, AND ONOULI 1sT, 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
MA 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 HALEKII 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 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 Highway Bypass from Napb`opo`o 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 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(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 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, before the
«leti..... and apening of the entire T' amalahoa Highway B)Tass,
yv opened, and said portion pr-evide-s
ect:e« to Haleki'i Street a heW"eade bfe„L.... ay gate Meetin
with the re, uirements of the rle«.. 4me«t of Publi,. 117,...1... ..hall be
installed by the "YY'• e««l:e",.«""` t as Y"`t v o f the .eq;:i ..v.s rzmT-. ea uelceki'i vcrcc ct_ee
zaa -c
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impro. cmeats. The pufpose of this eend is v pf-event the use v
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Mamalahea Highway and a portion of the Mamalahea Highway Bypass
until the enti«° pf-eposed T'1amalahea 14igi way U.....ass between the
and opened for general «„hlie use; «,1] The use of Haleki`i Street as a
public vehicular thoroughfare between the MAmalahoa Highway and the
existing, northem section of the MAmalahoa Highway Bypass prior to the
opening of the entire Mamalahoa Highway Bypass shall not be allowed
prior to the enactment of an ordinance establishine interim controls and
mitigation measures and the completion of all mitigations as stated in
Conditions MA a and b, even for test or temporary situations;
a. The effectiveness of the amendment to the portion of Condition
MA relating to the construction of a barricade or breakaway ate to
prevent the use of Haleki`i Street as a vehicular thoroughfare prior
to the opening of the entire M3malahoa Hiehway 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 Halcki`i Street
shall be in accordance with appropriate engineering standards,
specifications and recommendations, as follows:
Install three (3) speed humps above Mamao Street and
three (3) speed humps below Muli Street:
Construct raised or textured intersections with traffic circle
at the Mamao Street/Haleki`i Street intersection and at the
Muli Street/Haleki`i Street intersections;
Install 3-dimensional speed humps on Haleki`i Street
between Mamao Street and Muli Street:
Install speed limit Smart Signs in commercial and
residential sections of Haleki`i Street;
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Install pedestrian signal and mid-block crosswalk above
Mamao Street near Third Circuit Court building;
Install pedestrian signal and mid-block crosswalk on
Haleki`i Street near Muli Street and the Clarence Lum Won
Park;
Roughen the asphalt on Manawa Street, Haleki`i Street,
and Nape Street;
Lengthen right and left turn Storage Lanes at the Haleki`i
Street and Mamalahoa Highway signalized intersection;
(9) Restrict vehicles with three or more tons gross vehicle
weight in residential sections of Haleki`i Street, Nape
Street, and Manawa Street; and
(10) Adiust signal timing and upgrade system at Haleki`i Street
- Mamalahoa Highway intersection.
b. The effectiveness of the amendment to the portion of Condition
MA relating to the construction of a barricade or breakaway Rate to
prevent the use of Haleki`i Street as a vehicular thoroughfare prior
to the opening of the entire Mamalahoa Highway Bvpass, 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:
JL Adiust 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, as appropriate;
(2) Stripe left turn pockets and refuge lanes on AIN Drive at
driveways and intersections between King Kamehameha III
Road and the northwestern end of the Mamalahoa
Highway Bypass;
-4-
Convert AIN Drive-Kaleionana Street intersection to a
three-way signal light and clear vegetation to improve sight
distance;
Convert the Royal Poinciana Drive - Ali`i Drive
intersection and the Lunapule Road - Ali`i Drive
intersection to a three-way stop as soon as practicable;
Construct eight-foot bike and walking path on the makai
shoulder of Ali`i Drive between King Kamehameha III
Road and Kaleiopapa Street; and
(6 Install speed limit SMART signs on AIN Drive between
Lunavule Road and King Kamehameha III Road to assist in
speed enforcement.
C. Commencement: Opening of Haleki`i Street as a public vehicular
thoroughfare between the Mamalahoa Highway and the existing,
northern section of the Mamalahoa Highway Bypass shall not be
allowed until all mitigation measures outlined in Conditions
M.4.a.(1-10) and M.4.b.(1-7) above have been completed and
implemented. Upon opening Haleki`i Street for use by the general
public driving eastbound from the Mamalahoa Highway Bypass,
such traffic will only be allowed in a southbound direction on the
Mamalahoa Highway Bypass to the Haleki`i Street Extension, an
d
then eastbound on the Haleki`i Street Extension onto Haleki`i
Street to the Mamalahoa Highway, Monday through Friday
between the hours of 3:30 p.m. and 6:30 p.m. (except holiday
d. Neither the applicant, Oceanside 1250 (Hokuli`a) nor any of its
contractors or subcontractors shall use Haleki`i Street for any of its
construction vehicles and shall instead use King Kamehameha III
Road as the ingress and egress for all construction vehicles to the
Hokuli`a proiect or shall build a temporary connector road from
Mamalahoa Highway to the Mamalahoa Highway Bypass for
construction vehicles;
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e. Within three years from the effective date of this amendment, the
County of Hawaii shall:
Install permanent, three-way signal lights at the
intersections of Royal Poinciana Drive - AIN Drive,
Lunavule Road - Ali`i Drive, and HualHlai Road - Ali`i
Drive;
Construct a pedestrian path mauka of Ali`i Drive between
King Kamehameha III Road and the northwestern end of
the Mamalahoa Highway Bypass; and
Resolve bike, pedestrian, and right-of-way encroachments
on Ali`i Drive between Kailua-Kona and Keauhou.
£ Test period. Upon the opening of Haleki`i Street for use by the
general public as a public vehicular thoroughfare between the
Mamalahoa Highway Bypass and the Mamalahoa Highway, a
180-day test period shall commence. After the first 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
Extension as a public vehicle thoroughfare; and
g Sunset provisions. The amendment to Ordinance No. 96-7,
amending the portion of Condition MA 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 Highway Bypass shall sunset upon the occurrence of
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either of the following:
(1) Mitigation measures outlined in Conditions M.4.a.(1-10)
and MAA(1-7) above have not been completed and fully
implemented within twelve (12) months from the effective
date of this ordinance; or,
(21 Prior to the expiration of the twelve-month period, the
County Council determines that opening of Haleki`i Street
Extension 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 MA
of Ordinance No. 96-7 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 M.I
through M.5 of Ordinance No. 96-7 shall control and remain in full
force and effect.
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 Abi Highway with such
modifications as may be 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
-7-
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
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. New
material is underscored. In printing this ordinance, the brackets, bracketed material, and
underscoring need not be included.
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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