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directly stated in the conditions; it’s indirectly tied Condition G, which we’re not going to get rid <br />of, requires us to provide the mitigation measures, those mitigation measures are in the TIAR. <br /> <br />UNGER: As referred to in the, okay, got it, got it. <br /> <br />SMITH: Chair Unger, maybe I can just add also that we have those three roads that are <br />identified there under design. And I think the plans are going to end up in Public Works next <br />week. <br /> <br />UNGER: Okay. Did we want to shift our discussion to landscape plan. I know we went back <br />and forth as early as five minutes ago with more language, and I know we were going back and <br />forth on that. Can you open up the discussion with – if I recall correctly, there was discussion <br />about the landscape plan and using the data of the landscape plan and some issues there. Can <br />you talk a little about that? <br /> <br />MOORE: Yes, sure. Just as some background, the going through the State Land Use <br />Commission process was very involved. The National Park Service was a contested, was an <br />intervening party, so we dealt with the National Park Service during the Land Use Commission. <br />So those conditions probably run 20 pages of mitigation requirements from all kinds of safety <br />and health; it limits some of the uses that we can do both in the Heavy Industrial and the MCX <br />areas. As part of that they wanted to continue what really Kaloko Industrial has, which is a <br />50-foot landscaping setback. So that is the genesis of that condition. There is also some interior <br />landscaping requirements. So as part of the, both the zoning condition and the state land use <br />condition we had to do a landscaping plan. <br /> <br />Our concern was twofold with the proposed changes: One, the original language proposed by the <br />– and again, we did not propose any amendments to this condition – the Planning Department <br />proposed to say that we had to comply with the landscaping plan as of a certain date; what that <br />means, if we ever amended that plan, then we would have to come back to the Council to amend <br />the zoning condition because we have to comply with an old plan. So we just want the flexibility <br />in that, you know, the language we suggested was just that we have to comply with the approved <br />plan. We have no objections to the Planning Director’s proposed changes, which he says “plan <br />or as may be amended.” But the key was to not lock us in to a specific plan of a specific date. <br />You know, and again, part of this is the County is trying to extend a wastewater reuse plan, and <br />if that water becomes available, it could change the landscaping requirements or opportunities, <br />and, you know, so we just wanted to have the flexibility. We saw subject to the approval of the <br />Planning Director. The other thing we pointed out is the County has a Rule 17 on landscaping, <br />and this kind of brings them a little bit to the review of the West Hawai‘i Business Park <br />landscaping plan, and we just wanted to make sure, you guys want to do this, we have no <br />objections to you doing it, but do you want to do it. But, so, we have no objections to the <br />condition as proposed by the Planning Director. <br /> <br />UNGER: Okay, good. Good clarification, because I know that went back and forth for a little <br />bit. And then of course we have to talk about the traffic impact study, and I know we were going <br />back and forth with that. I think I saw the latest comment, which was just passed out to the <br />Commissioners. If you all would look at, there is handwriting on this sheet right here, yeah. <br />9 <br />EXHIBIT B <br /> <br />