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amendment to delete the affected lot or portion thereof from the Special Permit shall be filed with the Planning Department A recorded instrument infoi-ming all three lot owners of this conditional use requirement shall be flied with the Planning Department prior to the conveyance of any of those lots." On June 7, 1993, Special Permit No. 842 was approved by the Planning Commission to establish a brewery, water and soft drink bottling facility and related improvements. A water bottling facility was established on 7+acres of the approximately 14.5-acre site,which is identified as TMK 1-6-141:001. On December 16, 2003, the Planning Commission granted the first 5-year extension of time to complete construction of the brewery and soft drink bottling component of the project. Subsequently, on April 18, 2006, the applicant secured Final Plan Approval for the brewery. On December 18, 2009, the Planning Commission granted a second amendment to complete construction,and the County Council approved a concurrent change of zone from A-5a to FA-2a for approximately 7.829 acres on March 18, 2010. On November 21, 2011, Final Subdivision Approval was secured for the subdivision of the approximately 7.82-acre property into three lots(TMK 1-6-141:024,027, 028). The reason for the subdivision was to increase the potential of attracting different operators for a brewery, distillery, soft drink, or a water bottle facility on the various lots. Lastly, on October 18, 2013 the applicant secured a third 5-year extension of time to complete construction from the Planning Commission. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant,successors or assigns, and that arc not the result of their fault or negligence. The water bottling facility has been completed as required under the Special Permit, but the brewery and soft drink bottling components have yet to be completed. The applicant is in a better financial position to commence with the construction of the project, and has made a concerted effort to complete construction of the various components of the project, including-the satisfaction of the required rezoning conditions such as the payment of the fair share impact fees and completion of water line improvements. The applicant has recently completed a test well on parcel 027, which has a capacity of 250 gallons per minute or 360,000 gallons per day.With a joint venture company, the applicant intends to fully outfit the well and have it operational in early 2019, with the rest of the structural components completed by 2023.The focus of this well and facility will be non-alcoholic beverage. Granting of the time extension would not be contrary to the General Plan or Zoning Code. Since the Special Permit was approved in 1993,there has been one change to the General Plan LUPAG Map designation for the property. In 2015 the County Council changed the designation from Low Density Urban to Medium Density Urban for the subject permit area. This change was made to encourage more commercial and higher density residential development in and near Kea`au Town. The permit area is also adjacent to and a northerly extension of an area along Railroad Avenue which is designated industrial on the LUPAG Map. Conditions of approval would require the applicant construct all improvements consistent with the prevailing Zoning Code standards such as setback,height, parking, and landscaping.