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20- in 2008, approximately around one year before she could have come in for the administrative
<br /> time extension. I know she submitted the subdivision application, she got tentative subdivision
<br /> approval, and her as well as her heirs have been diligent in receiving time extensions to continue
<br /> the process. I'm not too sure where they stand right now. I think maybe the applicants, we have
<br /> them in the meeting right now, maybe they can kind of direct us as far as what was completed for
<br /> the subdivision process.
<br /> VITOUSEK: That will be the question is what conditions of tentative subdivision approval were
<br /> hanging them up, what was not met in that regard.
<br /> JACKSON: Commissioner Vitousek, I don't think we have.that information at hand. We could
<br /> take a recess and research it and get back to you. But we.don't have it at hand—
<br /> VITOUSEK: No, that's (indiscernible–simultaneous speech) I''just, you know,just looking at it
<br /> and, you know, looking at one of the conditions being the fair sharecontributions, and, you
<br /> know,just for me, my own education purposes, trying to understand where that comes into play
<br /> and, you know, seeing how potentially$9,000 perAot fair share contribution for a family trying
<br /> to make a subdivision for their kids could hang them up on not'having funding in order to do
<br /> that. And I just basically, you know, trying to figure outif thenumbers on fair share
<br /> contributions are uniformed across the board for the entire island or if they are different
<br /> depending on the value of the property. "I mean, looking at this where we are asking for a fair
<br /> share contribution of$15,000 per lot, there are parts of the island where property is significantly
<br /> cheaper than$15,000 and,you know, are we going to ask someone in Na`alehu who is
<br /> subdividing to make the same contribution that would be worth more than the value of their lot.
<br /> It seems to me like this has pretty significant consequences on the ability to create affordable
<br /> housing. So I just was,hoping we could have a,short discussion on that as it relates to this case.
<br /> KERN: I'll chime in here, Mr:,Chair. Yeah, so when a fair share, it is basically charged evenly
<br /> across the island for anyapplication whether it was coming in in Ka`u or in Haw There is the
<br /> ability for_the Council to amend it or adjust it. The fair share increases every year by the
<br /> Honolulu CIP, Consumer Price Index, CPI—keep on messing those two up—and so that's how it
<br /> goes from,you know, increases;increases over the time. And it's basically to offset impacts,
<br /> and it originally derived from impact fee ordinances that were proposed that never went
<br /> anywhere, and then the Council started to kind of implement them, and it was kind of here and
<br /> there. And so during beginning•ofthe 2000's under Chris Yuen, he basically put them in as
<br /> conditions within any rezoning ordinance, and then they've kind of lived there ever since, as you
<br /> move through. Now, if you are doing Agriculture land, that doesn't necessarily come up, but on
<br /> Residential it does. And the concept is is that you are basically creating more lots, you are
<br /> creating more density and there's some type of impact to the area, so those fair shares, the fair
<br /> share money is spent within the geographical area, has to be within the judicial area,has to have
<br /> a rational nexus, and has to be used for a capital improvement type of projects. So what we are
<br /> seeing now is, say, for like an affordable housing project that was committed to, say, 100 percent
<br /> affordable or a portion thereof, the fair share is generally waived or requested to be waived at
<br /> that point in time. So there is, there is room for discussion, and I think there is room to
<br /> potentially look at it a better way.
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<br /> DRAFT
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