2023-06-15 Leeward Exh B (Item !&2 Kaupulehu Land LLC)

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DEFRANCO: Thank you. Yeah, one of the questions from some of the people had to do with flooding and traffic. Can you speak to that? KAY: Sure, so, come back here. Alex, can you bring me back to the site plan. So, a few things with regards to traffic. The applicant's did commission a Traffic Impact Analysis Report(TIAR)that was submitted to the State Department of Transportation (DOT)who in 2021 took ownership and management responsibility for this section of the Highway from the County. There's been significant discussions back and forth between the applicant's representatives and the State Department of Transportation on proposed mitigation around accessing the property and thus far they haven't been able to hammer out whether or not the two accesses are appropriate to DOT's satisfaction. So, what the Director is recommending is conditions basically saying access will meet the requirements of the State Department of Transportation. Also, I believe there's a condition that speaks to an updated TIAR as well be necessary prior to occupancy and any mitigation that is proposed, or any mitigation required by the State Department of Health be required prior to occupancy. In terms of flooding, there are different flood zone designations on the property. There are the stream on the southern portion of the property that there will be drainage study required as part of the development and any on-site drainage created by the property will need to be captured on site meeting with the requirements of our Flood Code of the Department of Public Works. DEFRANCO: Thank you. KAY: Yeah. DEFRANCO: Are the anymore questions from Commissioners? Mike Vitousek, please. VITOUSEK: Yes. This is Mike Vitousek. Is it typical for project to move forward without the TIAR that's agreed to by the relevant agency that owns the road? KAY: Um' I have seen it both ways in the past and even currently we have required or requested that those things be dealt with prior to going forward with a hearing. But also in some situations where ultimately when it comes down to kind whatever DOT says goes and we have conditions kind of addressing that in our proposed conditions and we've been comfortable kind of moving it forward and leaving that to be done after the fact prior to occupancy. DEFRANCO: Mike, you know when I think you recused yourself, but we had it with the Cowell's came forward to do theirs at Napo`opo`o. That was a condition set at that time that it be the State that made those decisions and that was written into it. Even though the project was approved. VITOUSEK: Okay, if I could continue. DEFRANCO: Yes. 4 EXHIBIT B