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

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of[the] this amended ordinance. The [applicant] Applicant shall reserve the following easements and special setbacks in perpetuity for purposes of protecting and maintaining naturally forested areas and shall delineate such easements and setbacks on plans submitted for subdivision review: l. a 60-foot wide "forest reserve easement" along the existing roadway frontages of the subject property, exclusive of the access point permitted by the Department of Public Works. 2. a 30-foot wide "forest reserve easement" along all lot lines not covered by the 60-foot wide easement; and 3. a 60-foot wide structural setback in lieu of the required 30-foot setback along the existing property's public street frontage to provide an additional buffer." As noted earlier, the time required to complete the subdivision, even with an administrative extension, expired in August 2008. Notwithstanding this delay, please note that tentative subdivision approval was timely secured on August 13, 2005 (Exhibit E) However, the Applicant is unaware ofthe reasons) the former owner did not proceed to fulfill the conditions of the tentative approval. Inasmuch as the Applicant acquired the property through a foreclosure proceeding, it can only surmise that.f nancing could have been a factor. Nonetheless, the Applicant intends to maintain and reflect these easements and setbacks in its subdivision submittal_ Construction plans will be prepared to incorporate those requirements as well. Should the time extension or new rezoning ordinance be approved, the Applicant intends to immediately submit its subdivision application to the County. As the construction plans need to be prepared, the Applicant hopes to begin making the required improvements by early next year and secure final approval shortly thereafter. E. "Restrictive covenant(s) in the deeds of all the proposed agricultural lots fronting Kaloko Drive shall specify and uphold the easements and setbacks set forth in Condition D. The restrictive covenant(s) shall also specify that, including the area comprising the forest reserve easements described in Condition D, no less than sixty-seven percent (67%) of the entire lot area shall be retained in forest. A copy of the proposed covenant(s) to be recorded with the Bureau of Conveyances shall be submitted to the Planning Director for review and approval prior to the issuance of Final Subdivision Approval. [A copy of the approved covenant(s) shall be recited in an instrument executed by the applicant and the County and recorded with the Bureau of 3