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<br />MOORE: And I want to apologize. I’m a policy planner. If you ever want to laugh, have me <br />draw a plan. I am not a physical planner, and my handwriting reflects it. So I apologize for, and <br />what I have is unreadable, the writer can read; what you have, I tried to print out a little carefully. <br />But I’m happy to go through the discussions that we’ve gone back and forth with the Planning <br />Department — <br /> <br />UNGER: Okay, maybe I can summarize to see if we have a good understanding of what the <br />issue is. So you went through your initial traffic impact study and it was done last year, correct? <br />And the, one of the changes that the Planning Department is recommending is that before Phase <br />2 happens, and before Phase 3, an additional traffic impact study, not an additional, an updated <br />traffic impact study be implemented with the approval from Planning Department, Public Works <br />and State Highway Department. And I think your argument was in your opinion these traffic <br />studies are good for 20 years and it shouldn’t be required. So maybe, maybe you can extrapolate <br />a little bit on that or my understanding. <br /> <br />MOORE: Sure, sure. Let me step back. The original Condition G was adopted, you know, <br />there was a traffic impact analysis done as part, in 2004, as part of the EIS, State Land Use <br />boundary amendment. So there was an analysis done when we came in, so we kind of knew <br />what the roadway improvements were going to be like. The zoning condition then was adopted, <br />required to look at another traffic impact analysis. In 2009 we submitted that traffic analysis, the <br />Planning Department approved it, and we have complied with Condition G, we can move on and <br />build everything that we needed. When we applied for the Change of Zone, we triggered the <br />concurrency requirements in Chapter 25-2-46, the Zoning Code, so we had to do another traffic <br />study and, which we did, that traffic study specifically addresses mitigation measures tied to two <br />things: One, if there is existing deficiencies or if your five-year review says that there is a <br />deficiency, then you need to do the mitigation measures. Our traffic, but the traffic study is <br />required to go out 20 years, so we looked out 20 years; in five years with these improvements, <br />there is no impact; in ten years, which is our Phase 2, with the North and South Access Road <br />improvements and Kanalani, there is no impacts; and then our 20-year build-out, we have to do <br />some striping work, I mean, that’s the mitigation measure identified. So we looked at that. That <br />is in compliance with the concurrency requirements. What this then did, and again, keep in mind <br />that we have Kamanu, the goal is to build Kamanu Street, it’s designed, ready to go, we don’t <br />have the financing, so with this sales hopefully we can build Kamanu. The original condition <br />would require us to do another traffic study before we could implement, even if we had the <br />money today, we’d have to do another traffic study, which is a 40 to 50 thousand dollars, that’s <br />not a big deal but it is a significant impact; we’d have to do another traffic study even though the <br />road is fully designed. And the same thing if we move to increment 3. And, but that also, the <br />traffic study requires us, the way the language worked is to look at the regional requirements – <br />our current traffic study looked at, I think, eleven off-site intersections – and analyze that, and <br />we have to mitigate that; if there were impacts there, we’d have to mitigate that. In fact, one of <br />the mitigation measures was turning lanes on Kealakehe Parkway, that we needed a right-turn <br />lane, which thankfully the State built as part of its Ka‘ahumanu improvements, so the mitigation <br />requirement has been addressed. What we felt was unfair is if, in looking at the Phase 2 and <br />Phase 3 one, if there wasn’t change in circumstance, we don’t need to do the study, to looking at <br />these regional requirements and facing potential mitigation measures again over and above <br />10 <br />EXHIBIT B <br /> <br />