PD BACKGROUND REPORT (PL-PDI-2022-000004)

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February 13, 2020 Page 6 The HCC Farms Conservation Easement is an excellent model of how cultivated landscapes (the HCC Farms property has coffee orchards) can be properly planned and restricted to ensure that sensitive ecological features on the land are preserved and enhanced. Through cooperation with HILT, the HCC property has been used for agricultural tours highlighting this conscientious land -use approach. III. Reasons underlyinll the request for Planning Director -initiated rezoning. The landowners subject to Ord. No. 98-63 are requesting that the Planning Director initiate a rezoning of the Property pursuant to Condition Z, to revert the existing zoning designations back to the original A-20a zoning. We are making this request because Ord. No. 98-63 is currently in technical non-compliance for failure to comply with Condition B, which specifically states that "the effective date of the change of zone shall be: (1) when the applicant provides assurance satisfactory to the Departments of Water Supply and Planning, upon consultation with the State Department of Health and the Department of Land and Natural Resources, that a water sources) of sufficient quality and quantity has/have been established within two years from the enactment of this ordinance; provided that a maximum one year extension may be granted by the Planning Director with reasonable and sufficient justification;" The KDC development plan for 500 dwellings, an 18-hole golf course and clubhouse, including other intensive uses, has never aligned with KHR's philosophy of preserving important ecological features on the land while permitting sustainable agriculture. This philosophy was the impetus for placing over 75% of the Property into a Conservation Easement. KHR and the other land owners currently subject to Ord. No. 98-63 have no intention to develop the extensive water system required under the KDC development to comply with Condition B. Unfortunately, since Ord. No. 98-63 still governs the activities that can occur within the boundaries of the subject Ordinance, any attempt to process plans for a legitimate agricultural pursuits or activities, allowable as permissible uses under the County's zoning laws for agricultural land, would be rejected because of this existing entitlement. The landowners are respectfully requesting that the Planning Department invoke Condition Z of Ord. No. 98-63 to process a Planning Director -initiated reversion of the existing zoning of the Property to its original pre-existing A-20a zoning designation, as specifically required by Condition Z, based on non-compliance. This is a reasonable request, as conservation easements have already encumbered more than 75% of the Property, which is more restrictive than what was provided for under either Ord. No. 98-63, or even the original A-20a zoning (if Ord. No. 96-83 was never processed for the Property in the first place). The landowners want to be free of Ord. No. 98-63 to allow them the ability to pursue permissible uses under the original A-20a zoning on those remaining lands that are unencumbered by the conservation easements, and be afforded the same rights and privileges of landowners with existing agricultural zoning without rezoning conditions. 4838-4873-1016.6.065938-00001