HomeMy WebLinkAboutCOM 0997.011 2006-2008
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BRENDA J. FORD ,~-:•'•'!!p Phone: (808) 326-5684
Council Member `S Fax: (808) 329-4786
District 7 - Central Kona E-Mail: bford@co.hawaii.hi.us
HAWAI'I COUNTY COUNCIL
County ofHawai'i
Kailua Trade Center 0(-)
75-5706 Hanama Place, Suite 109 .'_1
Kailua-Kona, Hawai'i 96740 F
Co
DATE: March 25, 2008
TO: Pete Hoffmann, Chair cn
and Members of the Hawaii Co ty CCou~nc.1
FROM: Brenda J. Ford, Council Mem _ P .~r
RE: Transmittal of Proposed Amendments to Bill 236, Draft 2, Relating to 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
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 236
should not be designated as new "Conditions". The title to Bill 236 restricts amendments to Condition
L.4.
Therefore, I would like to propose the following amendments to Bill 236, Draft 2, which will reformat
Bill 236, Draft 2, so that all amendments that have been approved by the council thus far are now
contained within Condition LA.
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
L.7.g. (as referenced in Draft 2 of Bill 236).
The proposed amendments to Bill 236, Draft 2, are illustrated via Ramseyer format and bolding.
1. SECTION 1. of Bill 236, Draft 2, is amended to add diacritical marks to Hawaiian words and
correct a misspelled word, and reads as follows:
"SECTION 1. The purpose of this bill is to amend Section 3, q q I
Serving the Interests of the People of Our Island Comm. No.
Ref. To: NN
Hawaii County Is An Equal Opportunity Provider And Employer Ref. Date
March 25, 2008
Page 2
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
[threagh€are] thoroughfare until the entire [Mamalahoa] Mamalahoa
Bypass from [Napeepee] N50'opo`o to Keauhou is open to public
travel."
2. Condition L.4 of Bill 236, Draft 2, is amended to incorporate previously created Conditions L.6
- L.12 into Condition L.4, delete Condition L.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. 997.5, 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 Haleki`i Street [Fatensiea] as a public
vehicular thoroughfare between the [Mamalahoa] Mamalahoa
Highway and the existing, northern section of the [Mamalahoa]
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 measures and the completion of all mitigations as stated
in [g°°"°-° i And
T Conditions L.4 a. and b. even for test
or temporary situations.
[(b)] a. The effectiveness of the amendment to the portion of
Condition [h(4)] 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 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
Haleki`i Street shall be in accordance with appropriate
March 25, 2008
Page 3
engineering standards, specifications and
recommendations, as follows:
[(a)]M [install] Install three (3) speed humps above
Mamao Street and three (3) speed humps below
Muli Street;
[(h)](2) [eenstrnet] 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)1(4)[installI 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;
[(1)](6) [ins"] Install pedestrian signal and mid-block
crosswalk on Haleki`i Street near Muli Street and
the Clarence Lum Won Park;
[(g)]j7 [r-eughen] 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;
[(i)](9) [restr-ietI Restrict vehicles with three or more tons
gross vehicle weight in residential sections of
Haleki`i Street, Nape Street, and Manawa Street;
and
[(j)](l0)[adjast] Adjust signal timing and upgrade system
at Haleki`i Street - [Mamalahea] Mamalahoa
Highway intersection[,
[(7)]b. The effectiveness of the amendment to the portion of
Condition [I-(4)] L_4 relating to the construction of a
barricade or breakaway gate to prevent the use of Haleki`i
March 25, 2008
Page 4
Street as a vehicular thoroughfare prior to the opening of
the entire 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:
[(a)]JL[adjust] Adjust signal timing and upgrade signal
systems to improve efficiency at Kuakini Highway-
King Kamehameha III Road intersection and the
AIN Drive-King Kamehameha III Road
intersection, as appropriate;
[(b)]fQ[str-ipe] Stripe left turn pockets and refuge lanes on
Ali`i Drive at driveways and intersections between
King Kamehameha III Road and [and] the
northwestern end of the [AUmatah"] MAmalahoa
Highway Bypass;
[(t)]JQ [eenverk] Convert Ali`i Drive-Kaleiopapa [head]
Street intersection to a three-way signal light and
clear vegetation to improve sight distance;
[(d)](4)[een; ert Convert the Royal Poinciana Drive -Ali`i
Drive intersection and the Lunapule Road [head] -
Ali`i Drive intersection to a three-way stop as soon
as practicable;
[(e)](5) [eenstwetI Construct eight-foot bike and walking
path on the makai shoulder of Ali`i Drive between
King Kamehameha III Road and Kaleiopapa
[Read] Street; and
[(€)](tti [install] Install speed limit SMART signs on Ali`i
Drive between Lunapule Road and King
Kamehameha III Road to assist in speed
enforcement[l]_
[(g) install Smart Signs on the Mamalahoa Highway
Bypass between King Kamehamehn H! Road
and Kikleiopaps ]
March 25, 2008
Page 5
[(8)]c. Commencement: Opening of Haleki`i Street [Extensioa]
as a public vehicular thoroughfare between the
[Mamalahoal Mamalahoa Highway and the existing,
northern section of the [Mamalahoal Mamalahoa
Highway Bypass shall not be allowed until all mitigation
measures outlined in [subseetions L(6)(a j) and ¦
g:)] Conditions LA.a. (1-10) and LA.b. (1- 7) above
have been completed and implemented. Upon opening
Haleki`i Street for use by the general public driving
eastbound from the ]11!amalahoa] Mamalahoa Highway
Bypass, such traffic will only be allowed in a southbound
direction on the Mamalahoa Highway Bypass to the
Haleki`i Street Extension, and then eastbound on the
Haleki`i Street Extension onto [to] the Mamalahoa
Highway, Monday through Friday between the hours of
3:30 p.m. and 6:30 p.m. (except holidays);
[9-.1d. Neither the applicant, Oceanside 1250 (Hokuli`a) nor any
of its contractors or subcontractors shall use [Halekt°il
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
[Ailamalahoa] Mamalahoa Highway to the [1llamakthoa]
Mamalahoa Highway Bypass for construction vehicles[:]q
[4-0,1e. Within three years from the effective date of this
amendment, the County of Hawaii shall:
[a-.J 1U [install] Install permanent, three-way signal lights
at the intersections of Royal Poinciana Drive - Ali`i
Drive, Lunapule Road - Ali`i Drive, and [14unlalaiI
Hualalai Road - Ali`i Drive;
[h:1(2) Construct a pedestrian path mauka of Ali`i Drive
between King Kamehameha III Road and the
March 25, 2008
Page 6
northwestern end of the [Mamalahea] M3malahoa
Highway Bypass; and
[e.](3) Resolve bike, pedestrian, and right-of-way
encroachments on Ali`i Drive between Kailua-Kona
and Keauhou;
["]f. Test period. Upon the opening of Haleki`i Street for use by
the general public as a public vehicular thoroughfare
between the M3malahoa Highway Bypass and the
Milmalahoa 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 as a public vehicle thoroughfare; and
[(12)]gSunset provisions. The amendment to Ordinance No. 96-8,
amending the portion of Condition [L(4)] 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
Highway Bypass shall sunset upon the occurrence of either
of the following:
[a.]JL [mitigation] Mitigation measures outlined in
[ ] Conditions
L.4.a.(1-10) and LA.b.(1-7) above are not
complete and fully implemented within twelve (12)
months from the effective date of this ordinance; or
[b.](2) [pfieir] Prior to the expiration of the twelve-month
period, the County Council determines that the
March 25, 2008
Page 7
opening of Haleki`i Street Extension for use by the
general public prior to completion of the entire
Mamalahoa Highway 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 [1G(4)] 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 Highway 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."
3. The final paragraph of Condition L is amended to change "Ali`i 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. 997.5. Amendments to Bill 236 are limited by the title of
the bill to Condition LA only. This final paragraph pertains to the entire Condition L. Therefore, the
paragraph is amended to read as follows:
"The applicant shall construct the Mamalahoa Highway Bypass to
standards set forth by the Department of Public Works for [""rive
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
March 25, 2008
Page 8
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 236, 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 236, Draft 3, is attached with the proposed amendments incorporated.
Bolding was retained for illustrative purposes.
Thank you.
BJF
Att.
AN ORDINANCE AMENDING ORDINANCE NO. 96-8 BY AMENDING THE PORTION OF
CONDITION LA RELATING TO THE CONSTRUCTION OF A BARRICADE OR
BREAKAWAY GATE TO PREVENT THE USE OF HALEKII 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
4TH, HOKUKANO 1sT AND 2ND, KANAUEUE 1sT AND 2ND, HALEKI`I, KEEKEE 1sT AND
2ND ILIKAHI, KANAKAU 1sT AND 2ND, KALUKALU 1sT 2ND AND 3RD, AND ONOULI 1 sT
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 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
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 LA of Ordinance
No. 96-8, which provided that a barricade or breakaway gate should be provided on Haleki`i
Street as a vehicular thoroughfare until the entire Mamalahoa Bypass from Napo`opo`o 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-, before the
eempletion and opening Of the e.diFe MaFnalahoa Highway Bypass,
pei4ian of said bypass is eampleted and apened, and said paFtien provides,
ve.ion t, ueleki'r Street a bgffieade or hreeve...Ely gate.neat:..g
with the requiYeme t" of the Department of Publie Ay, dcs shall be
«stalle 7 by the applicant n part of the r re 11 lel i'i Street
improvements. The pufpase of this eanditie« in to prevent the u nF
Llnleki'r Street As a yehie..ln. thef:eugh f re between the existifi.g
T,iafn lateen Highway and a . et4ie« of the TAa ffla4ahoa High...... ?.,..ass
until the entire proposed am lehea Highway 4....ass between the
uYYaveaaaauw vavuau~ of neucaawu and Gap~ain Cook has been n «leted
and epenea c r ge~eMel publie ese. e«a] The use of Haleki`i Street as a
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public vehicular thoroughfare between the Mamalahoa Highway and the
existing, northern 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 establishing interim controls and
mitigation measures and the completion of all mitigations as stated in
Conditions LA a. and b. even for test or temporary situations.
a. The effectiveness of the amendment to the portion of Condition
LA 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 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 Haleki`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
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
P
Roughen the asphalt on Manawa Street, Haleki`i Street,
and Nape Street;
Lengthen right and left turn Storage Lanes at the Haleki`i
-3-
Street and Mamalahoa Highway signalized intersection;
Restrict vehicles with three or more tons gross vehicle
weight in residential sections of Haleki`i Street, Nave
Street, and Manawa Street; and
Adjust signal timing and upgrade system at Haleki`i Street
- Mamalahoa Highway intersection.
b. The effectiveness of the amendment to 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 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 AIN Drive
shall be in accordance with appropriate engineering standards,
specifications and recommendations, as follows:
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;
Stripe left turn pockets and refuge lanes on Ali`i Drive at
driveways and intersections between King Kamehameha III
Road and the northwestern end of the Mamalahoa
Highway Bypass,
Convert AIN Drive-Kaleiopapa 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 Lunavule 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 AIN Drive between King Kamehameha III
Road and Kaleiopapa Street; and
-4-
Install speed limit SMART signs on Ali`i Drive between
Lunapule 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 LA.a.
(1-10) and LA.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, and
then eastbound on the Haleki`i Street Extension onto the
Mamalahoa Highway, Monday through Friday between the hours
of 3:30 p.m. and 6:3012.m. (except holidays);
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;
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 - Ali`i Drive.
Lunapule Road - AIN Drive, and Hualalai Road - Ali`i
Drive;
(2) Construct a pedestrian path mauka of Ali`i Drive between
King Kamehameha III Road and the northwestern end of
the Mamalahoa Highway Bvpass; and
Resolve bike, pedestrian, and right-of-way encroachments
on Ali`i Drive between Kailua-Kona and Keauhou;
-5-
f. 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 Mimalahoa 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 as a
public vehicle thoroughfare; and
Sunset provisions. The amendment to Ordinance No. 96-8,
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 Hiahway Bypass shall sunset upon the occurrence of
either of the following:
Mitigation measures outlined in Conditions L.4.a.(1-10)
and L.4.b.(1-7) above are not complete and fully
implemented within twelve (12) months from the effective
date of this ordinance: or
Prior to the expiration of the twelve-month period, the
County Council determines that the opening of Haleki`i
Street Extension for use by the general public prior to
completion of the entire Mamalahoa Hi2hway 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 LA
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
-6-
thoroughfare prior to the opening of the entire Mamalahoa
Highway Bypass, shall be null and void and the original provisions
of Condition L(I) through L(5) of Ordinance No. 96-8 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 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
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 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
-7-
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.
-8-