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Law Offices of Yeh& Kim <br /> A Limited Liability Law Company <br /> Windward Planning Commission <br /> May 1, 2023 <br /> Page 2 <br /> Condition No. 6 presently reads as follows: <br /> Prior to issuance of Final Plan Approval,the Applicant shall submit an updated TIAR,to <br /> be reviewed and approved by the Planning Director, in consultation with the Department <br /> of Transportation. The updated TIAR shall include,but not be limited to, an evaluation of <br /> intersection improvements such as ingress/egress to and from Highway 19 and <br /> acceleration/deceleration lanes at Leopolino Road and Hawaii Belt Road Highway 19). <br /> Any required traffic improvements or mitigation measures shall be provided by the <br /> Applicant, at no cost to the state. <br /> Our proposed revised language for Condition No. 6 would read as follows, with deleted <br /> language bracketed and struck-through and additional language underlined: <br /> Prior to issuance of Final Plan Approval,the Applicant shall submit an updated TIAR,to <br /> be reviewed and approved by the Planning Director, in consultation with the Department <br /> of Transportation. The updated TIAR shall include,but not be limited to, an evaluation of <br /> whether intersection improvements such as ingress/egress to and from Route 19 <br /> and acceleration/deceleration lanes at Leopolino Road and Hawaii Belt Road would be <br /> required as a result of anticipated traffic generated bApplicanfs operations. [ <br /> ,L1 <br /> there are traffic impacts attributable to Applicant's project,Applicant shall be required to <br /> provide appropriate traffic mitigation improvements at no cost to the State." <br /> We believe that our proposed revised language accurately reflects the request from the DOT <br /> for the Applicant to update the TIAR and evaluate whether specific improvements are required to <br /> mitigate traffic impacts attributable to the project. The original propose language could be <br /> interpreted to state that Applicant will unconditionally perform the referenced improvements, <br /> when the Applicant is actually evaluating whether those specific improvements are needed to <br /> mitigate traffic impacts attributable to the project. We are open to discussing other or further <br /> revisions to this language and gratefully look forward to your consideration of Applicant's request <br /> at the upcoming hearing. <br /> Very truly yours, <br /> LAW OFFICES OF YEH & KIM <br /> RONALD N.W. KIM <br />