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PD Background Report (PL-SPP-2022-000031)
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2023-04-06 Windward
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Item #3 Ke'Aloha Lani LLC (formerly Hawai'i Brewery Development Co., Inc.) (PL-SPP-2022-031)
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PD Background Report (PL-SPP-2022-000031)
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Last modified
3/31/2023 12:56:12 PM
Creation date
3/31/2023 12:54:19 PM
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Template:
Plan Doc Template
Document Date
3/21/2023
Other Parcel Numbers
161410270000; 161410280000
Permit Number
PL-SPP-2022-000031
Parcel Number
161410240000
Description
PD Background Report (PL-SPP-2022-000031)
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• had prepared and are finalizing civil, electrical, and building plans for <br /> the project, which will be submitted for permits early 2023. Pertinent <br /> portions of these plans are found in Exhibit E. <br /> III. NATURE OF REQUEST <br /> As noted above, Condition 4 required completion of the project on one (1) <br /> of the three (3) before October 18, 2023. While the applicant is intent on <br /> completing the project before that deadline, the permitting and <br /> construction uncertainties will make that deadline unattainable. While the <br /> applicant believes that the project can be completed within the next two <br /> (2) years, the applicant is requesting a 5-year extension to accommodate <br /> any of the aforementioned uncertainties. <br /> Condition 4 also required that the construction be completed on the two <br /> (2) remaining lots before October 18, 2028, five (5) years after completion <br /> of the first project. The applicant is requesting that date also be extended <br /> by an additional five (5) years to October 18, 2033. <br /> In that regard, the applicant would suggest the following draft language, <br /> with the appropriate underscore and bracket, to address its request: <br /> Condition 4: Construction of the proposed brewery, distillery, or <br /> bottling facility and related improvements on one of the lots covered <br /> by TMK: 1-6-141: 24, 27, & 28 shall be completed, and a certificate of <br /> occupancy issued before October 18, [2023] 2028. Further <br /> construction on the remaining two lots shall be completed, and <br /> certificate of occupancy issued before October 18, ['2028]2033. Prior <br /> to establishing a use permitted under the existing FA-2a zoning, an <br /> amendment to delete the affected lot or portion thereof from the <br /> Special Permit shall be filed with the Planning Department. A <br /> recorded instrument informing all three lot owners of this conditional <br /> use requirement shall be filed with the Planning Department prior to <br /> the conveyance of any of those lots. <br /> IV. JUSTIFICATIONS FOR REQUEST <br /> In considering time extension requests, a Special Permit usually outlines <br /> three (3) criteria that must be addressed. Although these criteria were not <br /> stated in the existing Special Permit, they are nonetheless useful and will <br /> be used in addressing this request. These criteria and the applicability of <br /> this request follow. <br /> A. Circumstances That Were Unforeseen or Beyond Control of <br /> the Applicant <br />
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