2006-02-03 TRaymond - Laserfiche WebLink

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Department does not consider that to be a legal consolidation so that you can then break out the grants. In this case though, this is definitely not a pre-existing lot situation. This lot was created by a rezoning and then a subdivision after that. So the only way to break it up is a subdivision. And, in this case, because the zoning is Ag-40 the preliminary to that is a rezoning. Having an affordable housing requirement is a result of another law that was passed. You know, that kind of law can be changed. It has gone up and down over the years in terms of strictness. So, but at this point in time because there is this Ag-5 cutoff, or for a, actually a FA cutoff for affordable housing, the particular rezoning at hand would trigger the affordable housing requirements. And its just a question of how would it be applied in this situation of a potential transfer to family members. ALAMEDA:Commissioner Springer, follow-up? SPRINGER:Idospeakinfavorofthemotion.Andtheapplicanthasindicatedthe familys willingness to deal with their division of property now held in common by virtue of this method. I speak in favor of the motion. ALAMEDA:Thank you, Commissioner Springer. All right, Commissioner Iwashita. IWASHITA:I think that the fact that, you know, this is family-owned property and there are multiple family owners of the property in and of itself does not entitle or lend any credence or weight to the application. I say that because the family as a whole can benefit from this property as it is. I mean, its not easy for them to do that; but in the end, you know, they can all benefit from it, well, simply if it were sold as a whole and they divided up the proceeds; and they wouldnt have to go through this process. I see the question about or the concern about gentlemen farms and whether this is going to end up being gentlemen farms. You know, whether the family intends to or not at this point, to me, is just one, the first part of the issue. When those family members get on, they start thinking about their estate situations, I think ultimately if this is approved in 20, 30 or 40 years were going to end up with gentlemen farms. The families are going to end up selling these properties, whatever the market is, down the road. You know, right now youre talking about eight family members. Those family members have children, so youre talking about 20 or 30 down the road. And then the children of the current family members more likely than not, I would give you really good odds down the road that when the current family members die at that point almost certainly by then all these properties will be sold to gentlemen farmers. Theyre going to be residences that people buy to live, maybe raise families. But thats ultimately where this is going to end up. In my mind theres absolutely no question. Its just a question of time, whether its 5 years, 10 years, 20 years. But when these family members pass on, thats what happens. The kids are not going to, the grandkids, or kids, or whatever, theyre not going to keep these properties, unless they end up well to do enough for somebody to buy out somebody at that point. The other issue that I have which Commissioner Graham raised earlier is my general concern that we have a process approved by the Council almost a year ago thats called the community development plan and which is starting in parts of the island but not all of the island, and I really believe that that is the proper process by which a development like this should go through. And the reason I say that is, is that I believe that this fits the definition of spot zoning. 18EXHIBIT A