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Home My WebLink AboutCOM 0759.014 1996-1998 y Allocation of Fair-Share Assessments (or the Proposed Mamalahoa Bypass Road a Q C~ S her T.k RECEIVED 3 fi8~~ F3 ~8k'~u t `4 s ItT~ ~T B y ~j 3H aF ~ ~k. Date County CMndl pry. Hs~ k 3 §:Y k ~ ~ht Z "yam 3k ~yr y E ~ ono Q ~ ~ 3a o a~il~¢'3zi `ia J S'ti ~iS SF a ~F U s = F,C.c ,T. ys rat CE q PB rL«sa~okt9 .F`~o't., at ~ ~/J ~O E v~H.k Mak 30i3• ~'r 4%~•ak"rG 3k`, \Y'h Q U O k ' ~ kgS9:2~ sl^ C'. Y $ V J s: ky £ £ 4 g gV( Y` f r Iat.~, Y5~ ~ k a tz~. 3~t'„ .,ate a Q ~ z j' . ~ryY3 A~ 1 0 -Ya4lb OUQ 41 • Ofa~ `4 a Ca 12~ ~ m >3x~ :rte om'm ; ~m `o~acAsa€ s a F'S m >e L m o E oU2 o O .E O 0 m p Co c am E : m Y 2 C) w U w (N 3: G 7P r ~ ~ Qp ge'~m-4~ 1~ lea ~~'~C ~Ikllllll III 2 Pto,4bNtedl duNCrL h A not .Ihft =~Q Z Q~ rM g 1 - IIIIII~I~I PARSONS Res. 244-98, Dr. 3, amended exhioi EIRINCKERHOFF EXHIBIT P r DWYER IMANAKA SCHRAFF KUDO MEYER & FUJIMOTO ATTORNEYS AT LASS' A LASS' CORPORATION ,.j: PIONEER PLAZA 900 FORT STREET NIALL HONOLULU. HAWAII 968[7 POST OFFICE BOX 2]2] HONOLL'LL HAW'AI' 968C1 TELEPHONE [8081 524-8000 FACSIMILE (808) 526-1419 '.JH\R DAkYER,JR DARCIES YOSHINAGA VITCHELLA IYIANAKA LAWRENCEI KAWASAkI PALL A BCHRAFF CHRISTINE A LOW EE~]AV1N A RUDD STACY E UEHARA .1I4LIANI G MEYER. III August 15, 1995 KRIS N NAKAGAWA 11 ESLEY It FUJIMOTO JEFFERYS WERBELOI ROIALD S' GRANT LORI ANN K KOSEKI J7A `.I H PANG BLAKE PA BUSHNELL- iDELBERT GREEN Of Coum(1 RICHARDT ASATO. JR RANDALLY IWASE <OTT SETTLE R BRIAN TSUJIMURA Ms. Virginia Goldstein VIA FACSIMILE: 961-9615 Planning Director County of Hawaii Planning Department 25 Aupuni Street Hilo, Hawaii 96720 Re: Villages at Hokukano Project - Requested Amendments to Ordinance 94-73 Dear Ms. Goldstein: On behalf of 1250 Oceanside Partners ("Oceanside"), we are submitting to you the attached, showing the differences between the current language in Ordinance 94-73, and the changes to Ordinance 94-73 requested by Oceanside via letter dated August 10, 1995. Should you have any questions regarding the foregoing, please do not hesitate to contact the undersigned. Very truly yours, DWYER IMANAKA SCHRAFF KUDO MEYER & FUJIMOTO Darcie . Yoshinaga attachment cc: Mr. Richard T. Frye THIS ORIGINAL DOCUMENT IS A CONFIRMATION OF Exhibit D TI ,7 ~A`<_D CO°Y (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 {amass " Highway Bypass between the approximate vicinity of Keahou 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 the requirement shall be deemed of the Mamalahoa Highway Bypass 4ea 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 16#W Light-of-way for a total of four -W lanes; (4) construct the channelization improvements on Kuakini Highway at its intersection with the north end of the Mamalahoa Highway Bypass; (5) 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. fM If before the completion and ovenine of the entire Mamalahoa Highway Bypass a portion of said bypass is completed and opened and said portion provides a connection to Haleki'i Street, a barricade or breakaway gate{; meeting with the requirements of the Department of Public Worksf; shall be installed by the applicant as part of the required Haleki'i Street improvements -iere $ } The purpose of this condition is to preen the use of Haleki'i Street as a vehicular thoroughfare between the existing Mamalahoa Highway and a portion of the Mamalahoa Highway Bypass 1 8011f SO' efij 01595006A6l D ' until the entire proposed Mamalahoa Highway Bypass between the approximate vicinitv of Keauhou and Captain Cook has been completed and opened for general public use; and (6) 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 vayq er se" Highway Bypass to standards set forth by the Department of Public Works for 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 {€388j 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 _4 4. 77 .7, 71i~777-n Sege- ispr_ F6 FA 4fxi 00 4,44 FIA 4_ 4 provided that the 7- =7 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 (3ypass} 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 {gass} Mamalahoa Highway Bypass incurred by the applicant, less the pro rata portion attributed to the subject property? gm, lit s FE) a rzru4b#E OE 1595006I6'lD.ItED i a ?A M i h V' -I ..,..7 'AFa.~xt.~.~nsn FYrii,R w` n+: i..r r 3~ Fequ4emen (N) All roadway improvements stated in Condition L [a AQ of this ordinance shall be dedicated to the appropriate government entity. Those improvements associated with the Mamalahoa Highway Bypass shall be offered to the State Director of Transportation pursuant to Section 264-1 of the Hawaii Revised Statutes. Any connector roadways, and any portion of the Mamalahoa Highway Bypass not accepted by the State Director of Transportation shall be dedicated to the county, as provided by law; (P) In lieu of actual construction of infrastructural improvements as required under Conditions D, F, H, K, and L, the applicant may enter into an agreement with the Planning Director to assure the county that the infrastructural improvements will be constructed together with the appropriate bond, surety or other security deemed acceptable to the Planning Director and the Corporation Counsel. Upon execution of such agreement and/or filing of the security with the County, Final Subdivision approval for the subject property or portions thereof shall be granted prior to the actual construction of required infrastructural improvements; (Q) The Applicant shall participate in the funding and construction of any regional roadway improvements as may be required by the State Department of Transportation, provided that any costs borne by the applicant shall be credited and limited to the amount of its fair share contribution for regional road and traffic impacts, as required in Condition L; 01159500616/D.MD