The URL can be used to link to this page

Home My WebLink AboutREP JConPWIRC/FC/PC 008 03/11/2008 2006-2008 REPORT OF THE FIRST JOINT COMMITTEE MEETING ON PUBLIC WORKS AND INTERGOVERNMENTAL RELATIONS, FINANCE, AND PLANNING DATE: March 11, 2008 Re: Comm. 997/Bill 236 PLACE: Sheraton Keauhou Bay Resort and Spa 78-128 Ehukai Street Kailua-Kona, Hawaii 96740 TIME: 8:27 p.m. Council Chair and Members Hawaii County Council Hilo, Hawaii 96720 Because this item was one of several items on three committee agendas which were related, Bill 236 was postponed to a Joint Committee Meeting on Planning, Finance, and Public Works and Intergovernmental Relations, which was convened at the end of the scheduled committees for the day. The Chairman of each committee consecutively called the meetings to order and relinquished their respective chairs to Council Chair Pete Hoffmann. Your Committee on Planning, to which was referred Bill 236, reports as follows: Bill 236, transmitted via Communication 997 from Mayor Harry Kim, dated January 29, 2008, presents an amendment to Change of Zone Ordinance No. 96-8 by amending the portion of Condition LA relating to constructing a barricade or breakaway gate that prevents the use of Haleki`i Street as a vehicular thoroughfare prior to the opening of the entire Mamalahoa Bypass. Ordinance No. 96-8 reclassified certain lands from Agricultural 5-acre (A-5a) and Unplanned (U) to Agricultural 1-acre (A-la) at Honuaino 3rd and 4d', Hokukano 1't and 2nd, Kanaueue I' and 2nd, Haleki`i, Keekee 1't and 2nd, Ilikahi, Kanakau l'' and 2nd, Kalukalu 1~`, 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). The provisions of Condition L required the developer to build the Mamalahoa Bypass from Keauhou to Napo`opo`o and extend Haleki`i to connect with it. The purpose of Condition LA was 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 vicinity of Keauhou and Captain Cook had been completed and opened for general public use. Completion of physical connection of Haleki`i Street to the Mamalahoa Bypass is expected to be usable by the public in April 2008, however, further extension to Napo`opo`o is uncertain due to resistance of one landowner (Coupe), to the acquisition of property necessary to complete the right-of-way. JC-PWIRC; FC & PC Report No. 8 Communication 997 Bill 236 Page 2 of 4 Director Yuen notes that despite severe traffic congestion on Mamalahoa Highway, the Mamalahoa Bypass (paralleling Mamalahoa Highway from Keauhou to Haleki`i Street), cannot be used because of the Conditions of Ordinance No. 96-8. Mr. Yuen states the County Administration believes that opening the Mamalahoa Bypass to Haleki`i Street will help ease traffic problems on the Mamalahoa Highway in North and South Kona. The Planning Director notes the following history of the Hokuli`a project relevant to understanding the delays in completing the Bypass Highway: • Ordinance 96-8 amended Ordinance 94-73 (which earlier rezoned a large adjoining area) from Unplanned (U) and Agricultural 5-acre (A-5a) to Agricultural 1-acre (A-la). • Ordinance 96-7 rezoned a large area in North and South Kona from Unplanned (U) to Agricultural 1-acre (A-1 a). • One of the conditions of the 1996 rezonings required the developer to construct, at its expense, a public highway from Napo`opo`o to Keauhou. The only intermediate link from the Mamalahoa Highway to the Bypass was to be Haleki`i Street, which the developer was also required to construct the extension of Haleki`i Street to the Bypass. • The Mamalahoa Bypass, in similar form, had been planned since the 1960's, and is included in the County General Plan facilities maps in the 1971, 1989 and 2005 General Plans. • In 1990 and 2000 subdivision approvals for the first two increments were obtained and most of the necessary right-of-way from neighboring landowners to build the Mamalahoa Bypass secured through negotiations. • In 2000 lawsuit was filed against the developer and some governmental parties regarding claims that the project did not conform to state land use law regarding the use of land in the agricultural district. • In 2003, Third Circuit Court decision upheld claims based on Chapter 205 HRS and enjoined further development, including construction of the Bypass Highway within the project. At that time the highway was completed from Keauhou to almost the Haleki` i Street intersection. • In 2006, a settlement agreement was reached among the parties, allowing the project to continue, reducing the number of home sites from 730 to 670. • In October 2007, a Third Circuit Court Judgment was entered permitting the County of Hawaii to acquire the right-of-way through the Coupe property, and setting the amount of compensation. This decision is on appeal. JC-PWIRC; FC & PC Report No. 8 Communication 997 Bill 236 Page 3 of 4 • Haleki`i Street is about one-half mile long between its intersection with Mamalahoa Highway and the point it enters Oceanside 1250 property. There are approximately 40 homes with driveways directly onto Haleki`i Street, and Mamao Street and Muli Streets intersect with Haleki`i. The speed limit on Haleki`i is 25 mph and the actual maximum grade is 18-19% and not 25%, as noted on a warning sign. • The "Traffic Assessment Report Mamalahoa Bypass Road," completed by Wilson Okamoto, analyzed effects of opening the Mamalahoa Bypass-Haleki`i Street connection for two-way travel, and also for one-way travel northbound and one-way travel southbound, as well as effects on various intersections in the area. The study concluded opening the Mamalahoa Bypass-Haleki`i Street connection would improve north-south traffic flow in both morning and afternoon peak periods and notes that although both alternatives are anticipated to alleviate existing traffic conditions, the "two-way Bypass" alternative is recommended because on-way alternatives require operational controls. The Planning Director recommended favorably on amending Condition LA by deleting the portion of Condition LA relating to construction of a barricade or breakaway gate to prevent the use of Haleki`i Street as a vehicular thoroughfare prior to opening of the entire Mamalahoa Bypass, and included a provision stating that use of Haleki`i Street as a public vehicular thoroughfare prior to the opening of the entire Mamalahoa Bypass shall not be allowed prior to enactment of an ordinance establishing interim controls and mitigation measures. At the February 20, 2008 Planning Committee meeting this matter was postponed to the March 11, 2008 Committee on Planning meeting to be taken concurrent with companion Bill 235, which was also postponed. At the March 11, 2008 Planning Committee meeting Council Member Pilago motion to amend Bill 236 with Communication 997.3 with essentially the same amendments discussed in companion Bill 235, was approved. Council Member Ford presented her proposed amendment to Bill 236, as amended by Mr. Pilago's amendment, and noted the following minor corrections as follows: 1) item number L(4) adds the word "Extension" to Haleki`i Street on the first line; 2) item number L(7)g, changes "Haleki`i Street Extension" to "Kaleiopapa Road"; 3) item number L(8) adds the word "Extension" to the first line; and item L(10)b, deletes the word "bike and". Council Member Jacobson noted that in addition to those amendments, the recommendations of Director Yuen regarding listing proposed amendments in a lettering format under Condition L.4, instead of the numbering format currently being used, would be discussed and addressed the next meeting. JC-PWIRC; FC & PC Report No. 8 Communication 997 Bill 236 Page 4 of 4 The First Joint Committee on Public Works and Intergovernmental Relations, Finance, and Planning is in accord with the purpose and intent of Bill 236, as amended to Draft 2, and recommends it pass first reading. and AYES NOES A&E EX Respectfully submitted, FORD X FIRST JOINT COMMITTEE MEETING ON PUBLIC WORKS AND INTERGOVERNMENTAL RELATIONS, HIGA X FINANCE, AND PLANNING HOFFMANN X °N"`oe~ BRENDA J. FO , CHAIR MDA X PUB C WORKS & INTERGOVERNMENTAL REL nONS COMMITTEE JACOBSON X ' (M------ - z NAEOLE X DOMRC YAGON , FIN CO PILAGO X YAGONG X K. GEL PILA , CHAIR PLANNING COMMITTEE YOSHIMOTO X JC-PWIRC; FC & PC REPQgT O NO. 8 ADOPTED: gt'Fj 9 7ptlR