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VITOUSEK: This is a county zoning change right and not a for the front portion <br /> of it is zoned Urban and so it would be a county zoning. <br /> KAY: Uh-huh. <br /> VITOUSEK: Does it make sense to fully understand the effects of the traffic <br /> before issuing the Change of Zone? <br /> KAY: So, again, I think the way that we've seen this, and I can certainly let <br /> the Director speak to it as well. But ultimately the applicant is, and DOT are going to have to <br /> come to some kind of an agreement on appropriate mitigation based on current and whatever <br /> comes out of a new traffic study. If DOT is comfortable with it, then we're kind of leaving it to <br /> them since it's their kuleana to tell the applicant what needs to be done in terms of access. So, <br /> DOT may come back and say, yeah, two accesses are fine, or we want one access, or we want to <br /> take them off of Ishihara Farm Road. That's ultimately going to be their call. So, we're <br /> comfortable kind of moving that forward and with the understanding that DOT in any case is <br /> going to have final call on what traffic improvements need to be made. And again, I'll defer to the <br /> Director if he wants to add on to that. <br /> KERN: Sure, Zendo Kern, Planning Director. I concur with what Christian <br /> Kay had said and adding to that, Condition E requires the TIAR prior to Plan Approval being <br /> submitted to the Planning Department which would give the most up to date time traffic count to <br /> have mitigation measures done on. So, I would think it'd be more appropriate to have it done <br /> sooner to the Plan Approval than it would be even now. <br /> KAY: Yeah. I will also point out Commissioner Vitousek that there has <br /> been some delay in bringing this back to the Commission. Largely because of the issues with <br /> DOT and we waited for a significant amount of time to let them have an opportunity to kind of <br /> work those things out. There still seems to be a[recording in progress]between the applicant and <br /> DOT on what the applicant's traffic engineers think is appropriate and what DOT finds acceptable <br /> and again we are comfortable moving it forward with the zoning because ultimately DOT is going <br /> to have to make the final call. <br /> VITOUSEK: So, the last communication from DOT stating that the applicant shall <br /> withdraw the application for a Change of Zone and Boundary Amendment until the consolidation <br /> and subdivision process is been completed before moving forward as the proposed development <br /> contradicts the current restrictions on the property. <br /> KAY: Right, so I believe after that came in there's been significant back <br /> and forth between the applicant and DOT. So, there hasn't been anything additional in writing <br /> that's come in from them. We were hoping that given the additional time we requested or yeah <br /> requested for them to kind of nail that down that they could come back with something, some type <br /> of an agreement. But that hasn't happened yet. <br /> VITOUSEK: No agreement yet? <br /> 5 <br /> EXHIBIT B <br />