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COUNTY OF HAW: M`I[ PLANNING COMMISSION FINDINGS I IAWA.I`I BREWERY DEVELOPMENT CO., INC. AMENDMENT TO SPECIAL PERMIT NO. 842 Based on the following considerations, an amendment to Special Permit No. 842 to amend Condition No. 4 (complete construction) is approved. I-IAWAPII BREWERY DEVELOPMENT CO., INC. has submitted a request to amend Special Pen-nit No. 842, which allowed the development of a brewery and water and soft drink bottling facility on 14.587 acres of land situated within the State Land Use Agricultural District. The property is located east of Highway 11 (Volcano Highway) and north of Highway 130 (Kea`au-Pdhoa Highway), Kea`au, Puna, Hawaii, TMK: (3) 1-6- 141:001, 024, 027 and 028. The applicant requests an extension of tixne to Condition No. 4 (complete construction) of Special Permit No. 842 ‘yhich allowed the development of a brewery and water and soft drink bottling facility on 14.587 acres of land situated within the State Land Use Agricultural District. Condition No. 4 states in part, "Construction of the proposed brewery, distillery, or bottling facility and related improvements on TMK: 1-6-141: 24,27& 28 shall be completed and a certificate of occupancy issued within five years from the effective date of this third amendment."With an effective date of the third amendment being October 18, 2013, Condition No. 4 would require completion by October 18, 2018. - - The applicant requests the additional time to find suitable operators of the various components of the project. The original 14.5-acre property has since been subdivided into four parcels at two acres in size of which one accommodates the existing Hawaiian Springs bottled water facility with the other remaining three lots vacant.The construction completion deadline for the three undeveloped lots in October 18, 2018. Progress has been made in finding suitable operators; however, it will not be possible to complete construction on all three lots by the deadline_ Therefore, the applicant requests a 5-year time extension to complete construction on one of the three lots, and that construction on the second lot be completed 5 years thereafter,and construction on the final lot be completed 5 years after the second lot. This would provide for a 15-year construction timeline to develop all three lots. The applicant has proposed the following new language (material requested-for deletion is bracketed and struck through; material requested as an addition is underscored): "'-l. Construction of the proposed brewery, distillery, or bottling facility and related improvements on one of the lots covered by TMK: 1-6-141: 24,27 Sz 28 shall be completed and a certificate of occupancy issued [within five years n4 e-effeeti =e-cla-t of th-i-s--third-ame di-nent] before October 18, 2023. Further, construction on the second lot shall be completed and certificate of occupancy issued within five (5) years of completion of the first_lot. Construction on the third or last lot shall be completed and certificate of occidpancvissued within five(5) years of completion of the second lot,Prior to establishing a use permitted under the existing F.A-2a zoning, an -t..