HomeMy WebLinkAboutBIL 236 Draft 03 2006-2008 ~YY Oi
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COUNTY OF HAWAII STATE OF HAWAII
OTC O~•M~i1
BILL NO. 236
ORDINANCE NO. 1D~ 3)
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
4T" HOKUKANO 1sT AND 2ND KANAUEUE 1sT AND 2ND HALEKI`I KEEKEE 1sT AND
2ND ILIKAHI, KANAKAU IsT AND 2ND, KALUKALU IsT 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 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 Hig~hway-
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. [TF T.,~
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~ _ ....r.,:,.....,.. ,,..a~ The use of Haleki`i Street as a
public vehiculaz thorouehfaze between the Mamalahoa Hiehway 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 L.4 a. and b. even for test or temporary situations.
a. The effectiveness of the amendment to the portion of Condition
L.4 relating to the construction of a barricade or breakaway ag
to to
prevent the use of Haleki`i Street as a vehicular thorou hfare prior
to the opening of the entire Mamalahoa Highway Bypass, shall be
subject to the completion and implementation of the followine
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,
~ecifications and recommendations, as follows:
Install three (3) speed humps above Mamao Street and
three (31 speed humps below Muli Street;
Construct raised or textured intersections with traffic circle
at the Mamao StreeUHaleki`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
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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;
Restrict vehicles with three or more tons gross vehicle
weight in residential sections of Haleki`i Street, Nape
Street, and Manawa Street; and
Adjust signal timing and up rg ade system at Haleki`i Street
-Mamalahoa Highway intersection.
b. The effectiveness of the amendment to the portion of Condition
L.4 relating to the construction of a barricade or breakaway ag
to t0
prevent the use of Haleki`i Street as a vehicular thoroughfare prior
to the opening of the entire Mamalahoa Highway Bypass, shall be
subiect to the completion and implementation of the followin¢
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 en ing Bering standards,
specifications and recommendations, as follows:
Adiust~nal timing and upgrade signal systems to improve
efficiency at Kuakini Hiehwav-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 Kine Kamehameha III
Road and the northwestern end of the Mamalahoa Hi way
Bypass;
Convert Ali`i Drive-Kaleiopapa Street intersection to a
three-way si ngnal light and clear vegetation to improve sight
distance, with a special duty police officer during any hours
that the Haleki`i Street Extension is open to the Mamalahoa
Highway. The three-way stop shall be replaced with a
traffic signal light:
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A. prior to the full opening of the Mamalahoa Highway
Bwass to Napo`opo`o; or
B. if the usage of Haleki`i Street Extension to the
Mamalahoa Highwa~y the general public is
permitted for more than the three-hour period
authorized by Condition L.4.c.;
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
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 L.4.a.
~1 - 10) and L.4.b. (1 - 7) above have been completed and
implemented. Upon opening Haleki`i Street for use by the eg_ neral
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 6:30 p.m. (except holidays);
d. Neither the applicant, Oceanside 1250 (Hokuli`a) nor any of its
contractors or subcontractors shall use Haleki`i Street for an
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 Highway to the Mamalahoa Highway Bypass for
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construction vehicles;
e. Within three years from the effective date of this amendment, the
County of Hawaii shall:
Install permanent, three-wa}_si ng al lights at the
intersections of Royal Poinciana Drive - Ali`i Drive,
Lunapule Road - Ali`i Drive, and Hualalai Road - Ali`i
Drive•
Construct a pedestrian path mauka of Ali`i Drive between
Kin¢ 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;
f Test period. Upon the opening of Haleki`i Street for use by the
eg neral public as a public vehicular thoroughfaze between the
Mamalahoa Highway Bypass and the Mamalahoa Highway, a 180-
day test period shall commence. After the first sixt~(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 thoroughfaze; and
g 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 Bate to prevent the use of Haleki`i
Street as a vehicular thorou hg fare prior to the opening of the entire
Mamalahoa Highway 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
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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 eeneral 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 L.4
of Ordinance No. 96-8 relatin¢ to the construction of a barricade or
breakaway_gate to prevent the use of Haleki`i Street as a vehicular
thorouehfare prior to the opening of the entire Mamalahoa
Highwa~ypass, 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.
(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
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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 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.
INTRODUCED BY:
COUNCIL MEM ,COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
f~ FEf,EHCE: Comm. 99Z~ tr~~~
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