REP PC 045 03/08/2012 2010-2012 - Laserfiche WebLink

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PC-45 '. Page 2 March 8, 2012 Council Member Yagong asked if the Council were to remove the fair share condition for this applicant, how that decision would affect future determinations. His concern was in regards to avoiding litigation and stressed that the Council needs to be very careful. Ms. Leithead Todd stated that this is a policy matter and is in the purview of the County Council. She recommended that the specific reasons of allowing only one additional lot to be created, the need to maintain agricultural uses,and the proximity to Kaumana Cave should be cited as to why the Council is deviating from the normal practice. She further added that there have been other exceptions where the Council have waived the fair share requirement. Council Member Ford suggested adding language indicating that due to the proximity of Kaumana Cave there will be no further subdivision of this lot and that is the reason to remove the fair share conditions. She also stated she would support the amendment with that language added. Council Member Yagong asked Deputy Corporation Counsel Amy Self if it would lead to future problems or challenges if the same consideration is not given to future applicants. Ms. Self explained that applying fair share conditions is a legislative act and the Council has the authority to add conditions but should be consistent. She further stated if the fair share condition is removed,the Council should provide the specific reasons for the removal, such as the condition that they cannot further subdivide because of the proximity to Kaumana Cave. Council Member Yagong asked why the caves are important, and Ms. Self explained that they are in a protected area. Ms. Leithead Todd added that a buffer area is needed for any developments near the caves to protect the caves from collapse and that a rare cave spider also needs to be protected. Council Member Ford asked why the applicant didn't divide the lots in a way that would not trigger the fair share condition. Mr. Butz replied that it was to protect the agricultural uses of the land and because of logistics for road access. Committee Chair Hoffmann stated that he can now support the bill since the amendment would eliminate the fair share conditions. He further stated the need to formalize the fair share conditions into law. The motion to amend Bill 138 with the contents of Communication 451.3 passed. Council Member Yagong voted"no"and Council Members Pilago and Smart were absent. Ms. Self stated that if the Council is changing the policy, it is important to document it in order to be consistent in the future. Council Member Yagong asked Ms. Self to review the amendment and make sure that this is a unique situation and is acceptable for the Council to deviate from their usual application of fair share conditions. PC Rept. No.: 45