HomeMy WebLinkAboutCOM 0997.005 2006-2008
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
4TH, HOKUKANO 1sT AND 2ND, KANAUEUE 1sT AND 2ND, HALEKI'I, KEEKEE 1sT AND
2ND, ILIKAHI KANAKAU 11T AND 2ND KALUKALU 1sT 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 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 Highway 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;
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Comm No._
Ref. To: 14004W
Ref. Date MAR 11 2008
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(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. The use of Haleki`i
Street as a 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
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of all miti¢ations as stated in sections L.6. and L.7. even for test or
temporary situations.
(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[..-.11
(6) 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 three 3
speed humps 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 intersections;
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 [westefJ on
Haleki`i Street near Muli Street [near] and the Clarence Lum
Won Park;
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g. roughen the asphalt on Manawa Street, Haleki`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 [twek-tr-a€ffe] vehicles with three or more tons gross
vehicle weight in residential sections of Haleki`i Stree Na e
Street, and Manawa Street:
j. adjust signal timing and upgrade system at Haleki`i Street _
Mamalahoa Highway 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, as appropriate;
b. stripe left turn pockets and refuge lanes on Ali`i Drive at driveways
and intersections between King Kamehameha III Road and
[Kaleiopapa head] and the northwestern end of the
Mamalahoa Highway Bypass;
C. convert AIN Drive-Kaleiopapa Road intersection to a three-way
[stop,-] signal light and clear vegetation to improve sight distance
land provide a Speeial Duty Poliee Offieer during test
d. convert the Royal Poinciana Drive -Ali`i Drive intersection and the
Lunapule Road Road [gad] _ AIN Drive intersection to a three-
way stop as soon as practicable;
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e. construct eight-foot bike and walking path on the makai shoulder
of Ali`i Drive between King Kamehameha III Road and
Kaleiopapa Road;
L install speed limit SMART signs on Ali`i Drive between
Lunapule Road and King Kamehameha III Road to assist in
speed enforcement;
g, install Smart Signs on the Mamalahoa Highway Bypass
between Kin Kamehameha III Road and the Haleki'i Street
Extension;
(8) 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 subsections L(6)(a j) and
L(7)(a-1€] g) 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 [Read] 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 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 project or shall build a temporary connector road from
Mamalaboa Highway to the Mamalahoa Highway Bypass for
construction vehicles.
10 Within three years from the effective of this amendment, the County
of Hawaii shall:
a install permanent three-way signal lights at the intersections
of Royal Poinciana Drive - AIN Drive, Lunapule Road - AIN
Drive, and Huahdai Road - Alit Drive;
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b. Construct a bike and pedestrian oath mauka of Ali`i Drive
between Kine Kamehameha III Road and the northwestern
end of the Mamalaboa Hiahway Bypass;
C. Resolve bike, pedestrian, and right-of-way encroachments on
Ah'i Drive between Kailua-Kona and Keauhou;
1(9)-1(11) Test period. Upon the opening of Haleki`i Street for use by the
general public, 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
[(18}] (12) 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 j) and L(7)
(a--[€]-b.) 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 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
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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 [AI+ 44ighway) Ali`i Drive 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.
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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