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

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Change of Zone Ordinance No. 95-70 to change the timing trigger on compliance with Condition B of the subject ordinance (Planning Department Exhibit 5-Change of Zone Ordinance No. 98-63). 9. June 27, 2011: Recordation date with the State Bureau of Conveyances for a "Deed of Conservation Easement and Restriction of Development Rights " (See Exhibit B of the repeal request), which allows use of the land consistent with stated conservation values (forest ecosystems, forest resources and products including, but not limited to, commercial forest product values and pharmacopeia, as well as open space, recreational, and research/educational values). This perpetual easement, for 9,017.97 acres was granted to the State Board of Land and Natural Resources. This easement prohibits the construction of permanent dwellings or structures, land alterations, and subdivision of land in the easement area and allows reforestation and forest management activities, harvesting of forest resources, preserving open space, and limited recreational, research, and educational activities. 10. April 10, 2014: Approval date of Subdivision No. SUB-13-001285, a 3-lot subdivision whose primary purpose was to create a standalone parcel that consisted primarily of the 9,017.97-acre conservation easement mentioned above. 11. March 17, 2016: Recordation date with the State Bureau of Conveyances for a "Grant of Conservation Easement-HCC Farms LLC" (Planning Department Exhibit 6-Grant of Easement Dated March 17, 2016) which granted a perpetual easement over 74.99-acres of land within what is now TMK: 8-2-012:014 to the Hawaiian Islands Land Trust for the purposes of preserving coffee farmlands and their agricultural use, conservation of native `Ohi`a forest ecosystem, wildlife habitat, preservation of open space and scenic values, water resource protection, and protection of historical and cultural resources. While the owners are allowed to continue the agricultural use of the land, conditions of the easement prohibit owners from converting any portion of the property to non-agricultural uses, subdividing the property, severely limiting the ability to construct dwellings and other structures and improvements, and prohibits the placement of new roads or other impervious surfaces on the property. 12. April 26, 2017: Approval date of Subdivision No. SUB-16-001672, a second 3-lot subdivision with the primary purpose of creating a standalone 224.99-acre parcel for a