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June 1, 2006 <br /> Board of Directors <br /> Page 6 <br /> Two bills presently before the County Council, Bills 224 and 225, proposed <br /> by the Planning Department, essentially make Makalei Drive the mauka-makai <br /> connector wad until a separate connector road to the north of Makalei Estates is <br /> constructed at an unspecified future date. <br /> With respect to the mauka-makai connector wad, Bill 224 states as a <br /> condition that the applicant shall comply with all conditions of approval of the <br /> State Land Use Commission's Decision and Order (Docket No. A03-744) dated <br /> May 19, 2005" ("LUC Orde3'°). Bill 224 at 1, condition B. The LUC Order provides <br /> in part as follows: <br /> 5. Traffic Imvact and Mitigation. Petitioner shall fund, design and <br /> construct its share of local and regional transportation improvements <br /> as determined by the SDOT and the County, which includes but is <br /> not limited to:.. . <br /> b. lkfauka <br /> Makai Connector Road. A mauka-makai connector <br /> road providing public access between Queen Kaahumanu Highway <br /> and the Mamalahoa Highway shall be provided at Petitioner's sole <br /> cost and expense. Said mauka-makai connector road shall connect to <br /> Mamalahoa Highway as Petitioner and County may agree. <br /> c. 12ivht-Of-Wav For An Alternative Mautko.-Ma ni [~snn~or <br /> Petitioner shall reserve aright-of-way along the east (mauka) <br /> portion of the Petition Area to support the possible future connection <br /> to the Mamalahoa Highway. Petitioner shall construct at its sole cost <br /> and expense all portions of said future wad that is within the Petition <br /> Area... . <br /> d. R w;~Pnt t., r ~r~+t Vehicle 1Yaffic on Portions of Malmlei <br /> Drive. In the event the mauka-makai connector road connects <br /> through Makelei Drive, to promote greater traffic safety, Petitioner <br /> shall prior to final subdivision approval, use reasonable efforts to <br /> petition the County to limit motor vehicle traffic on Makalei Drive as a <br /> through street, as it transverses Makalei Estates, to only those <br /> vehicles that have a gross vehicle weight of less than 10,000 pounds. <br /> LUC Order at 3-4. <br /> Bill 224 imposes additional road construction requirements on Hituhilu. <br /> <br /> The Bill covers five roads that Hiluhilu must either construct or share in the coat <br /> of constructing. The wads are numbered 1 through 5 and are depicted on Exhibit <br /> °B' to Bill 224. But the only mauka-makai road expressly referenced in Bill 224 is <br /> Road 4 which is only partly located on Hiluhilu's property. Moreover, Road 4 is <br /> 615197.1.83Y1-1 <br /> <br />