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PC-54 Page 2 June 18, 2012 <br /> Council Member Onishi confirmed that Bill 229 showed an amendment to allow a time <br /> extension and stated that he was supportive of the bill. He asked Planning Director Bobby Jean <br /> Leithead Todd and Planning Manager Daryn Arai to give the Planning Department's perspective <br /> of the bill. <br /> Ms. Leithead Todd stated the bill contains a time extension that is warranted due to no fault of <br /> the applicant but due to the delay by the State Highway Department to comment on the bill. <br /> Mr. Arai stated the bill also contained some housekeeping amendments and that the fair share <br /> costs had been updated. <br /> Council Member Yagong stated he was pleased that amendments to Conditions H and I were not <br /> being considered. <br /> Ms. Salazar stated that she does not believe the drainage will be contained on site and she objects <br /> to the five-year extension request. She confirmed her acceptance to the 25-foot access easement <br /> which might require cutting down mature trees. Mr. Doi added that the access road being used <br /> currently is the original access road so that should not change. <br /> Council Member Yagong asked if the time extension would allow the easement access to be <br /> addressed; and Ms. Leithead-Todd stated the easement is set by the Land Court and only the <br /> Land Court can change it, she added that the easement set by the Land Court is not where the <br /> existing access is located. <br /> Council Member Ford referenced the preliminary plan and stated that it created serious problems <br /> for the Doi family regarding flooding and that there is a six foot deep flood channel only <br /> acknowledged by the Doi family, because they live there and know it exists. She also stated that <br /> there will be access problems including the possibility of landlocked lots or access only at a <br /> dangerous intersection. She asked if it was legal for an access easement to go through <br /> commercial property, such as a parking lot, and voiced concern that the five-year extension will <br /> not help with the design problems regarding access and flooding. <br /> Ms. Leithead Todd stated that, generally speaking, new subdivision approvals require access to <br /> all lots and that it was legal to have an easement for access through a commercial development. <br /> She also stated that there was an easement for access on this application so the applicant must <br /> allow access or negotiate for a different easement agreement. <br /> Council Member Onishi confirmed that he had walked the site with Department of Public Works <br /> Engineer Kelly Gomes. He also confirmed that the easement needs to be negotiated between the <br /> landowners. <br /> Mr. Yeh explained that the current plan is a work-in-process but that no one will be landlocked <br /> and the access for Ms. Salazar and Mr. Doi needs to be worked on as the current access is not <br /> safe. He also stated that the flooding problem is from water generated from another property but <br /> the applicant will do everything required to avoid flooding. He added that the clean up required <br /> by the Department of Health has been done and all conditions in the rezoning application will be <br /> adhered to. <br />