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whichever comes first, and prior to plan approval or final subdivision approval for <br /> each successive development increment. <br /> Y. The applicant (or others, as stated in Condition W) shall construct improvements <br /> to its project intersection meeting with the approval of the Depaztment of <br /> Transportation prior to occupancy of any structures. If the occupancy occurs <br /> before the expansion of the Queen Kaahumanu Highway to four lanes, and the <br /> Department of Transportation permits left turn lanes into the property, the <br /> improvements shall consist of, at a minimum, a fully channelized intersection <br /> with a dedicated right-turn lane, left-and right-turn merge lanes, and alert-turn <br /> storage lane, all meeting with the approval of the Depaztment of Transportation. <br /> Conduits for installation of signal lights shall be installed with the initial <br /> construction of the intersection to avoid disrupting traffic during a future <br /> installation, unless otherwise approved by the Deparhnent of Transportation. <br /> <br /> Z. The applicant shall retain 50-foot wide undisturbed buffers of natural lava along <br /> both sides of the Mamalahoa Trail (measured from the edges of the trail) and <br /> additiona160-foot buffers without structures, unless the State Historic <br /> Preservation Division recommends a wider buffer in the Preservation Plan. <br /> <br /> AA. The Mamalahoa Trail shall not be breached, except where crossed by the existing <br /> jeep road, without permission from the state of Hawaii. The rezoning of the <br /> portion of the property makai of the Mamalahoa Trail is not intended to create an <br /> expectation or vested right on the part of the applicant to breach the Mamalahoa <br /> Trail for access to the makai portion of the property, because the applicant can <br /> possibly obtain access to that property from TMK 7-3-009:004, currently owned <br /> by the applicant, or from other adjacent property. The rezoning of the portion of <br /> the property makai of the Mamalahoa Trail shall not take effect until the applicant <br /> has obtained access to the azea. <br /> -9- <br /> <br />