PD BACKGROUND REPORT (PL-REZ-2022-032)

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Additional editorial type of amendments is also being requested and outlined within the following section. It should also be noted that because the technical deadline of August 2008 has expired, this report is structured as though this were an original rezoning request. In so doing, it enables the Director and Leeward Planning Commission to review and process this request as though it were either a new rezoning application or a time extension request. III. REZONING CONDITIONS As noted earlier, the subject property was initially rezoned into the A-5a district on August 27, 1998, subject to a number of conditions. (Exhibit A). Albeit belated, this section will cover the status of the various conditions as well as the specific requests. The conditions are noted in parenthesis with the response in italics. Please note that because this is in an area where a recent rezoning time extension was favorably considered (REZ 2022-000015) by both the Department and Leeward Planning Commission, the comments will incorporate similar editorial amendments,all of which are noted in bold underscore or bracket. A. "The applicants, its successors or assigns ("Applicant") shall be responsible for complying with all of the stated conditions of approval." The new Applicant is now the landowner and intends to comply with the existing and any new or amended conditions. B. "The [applicants, successors or assigns] Applicant shall be responsible for complying with all requirements of Chapter 205, Hawaii Revised Statutes, relating to permissible uses within the State Land Use Agricultural District." The Applicant will comply with this requirement. C. "The applicant shall submit the required water commitment payment to the Department of Water Supply." The original request called for the subject property to be rezoned into the FA-3a distract. In the end, the property was rezoned into the A-5a district. According to the staff of the Department of Water Supply ("DWS'), the initial water commitment deposit was paid; however, that was forfeited due to the withdrawal of the subdivision in August 2020. Fortunately, the DWS staff noted that water for the three (3) additional lots can still be made available, subject to payment of the required water commitment deposit. The Applicant intends to submit that request imminently. D. "Final subdivision approval of the proposed agricultural subdivision shall be secured from the Planning Director within five (5)years from the effective date 2