PD Background Report (PL-SPP-2022-000031)

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year time extension from the Planning Commission on December 16, 2003. Although Final Plan Approval was secured on April 18, 2006, neither the brewery nor the soft drink facility was constructed on the remaining 7+ acre area, which is the subject of this request. • requested and was granted another 5-year extension on December 18, 2000. The completion deadline was extended to October 18, 2013. • in conjunction with the time extension request, requested and received approval for a FA-2a zoning on March 18, 2010. HBDC wanted to have this 7+ acre area subdivided into three (3) lots so that various components of this project could be on each of those lots. In so doing, there would be the potential of having different operators for a micro- brewery, distillery, soft drink, or even water bottle facility. • received final approval on November 11, 2011, of its proposed 3-lot subdivision after fulfilling the required rezoning conditions, such as payment of the fair share impact fees, and the subdivision conditions, including completion of water line improvements, • shortly after receipt of final subdivision approval on November 2011, applied for and received a 5-year administrative extension to October 18, 2018, to complete the project. HBDC maintained that it sought but could not find suitable operators of the various sites, due in large measure to the global economic malaise that began in 2008. • finally, sought and received the Windward Planning Commission's approval of another time extension as outlined in a letter, dated February 16, 2018. (Exhibit B) Condition 4 required completion of the project on one (1) of the three (3) before October 18, 2023. Ke`Aloha Lani, LLC ("KAU) In 2021, Ke'aloha Lani, LLC • purchased the subject properties through an Agreement of Sale from HBDC. • had been actively seeking the appropriate permits to operate a water bottling facility on one of the lots within the 7+ acre area. • submitted and received Final Plan Approval for a water bottling facility on November 23, 2021, on one (1) of the three (3) parcels identified by TMK: 1-6-141. 024_ (Exhibit C) • submitted and received a grading permit on the affected property (Exhibit D). 2