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deadline and thus requires the time extension for constructing and occupying on parcel <br /> 24. <br /> The non-performance is the result of conditions that could not have been <br /> foreseen or are beyond the control of the applicant, successors or assigns, and that <br /> are not the result of their fault or negligence. <br /> The applicant acquired the property less than two years ago and has since been <br /> diligent in acquiring required land use, land clearing and other permits necessary to move <br /> their existing water bottling facility in Hilo to the permit area. In addition, they have <br /> developed a deepwater,potable water well on parcel 27 (which has a capacity of 250 <br /> gallons per minute or 360,000 gallons per day)to supply potable water for the bottling <br /> facility in the near term and eventually plan to develop a second well on parcel 24 to be <br /> used in conjunction with the existing well to support the existing and planned activities <br /> on both parcels. <br /> Despite the preceding, the applicant will not be able to complete construction and <br /> secure occupancy of the proposed project by the October 18, 2023 deadline. The <br /> applicant estimates that the project will be complete within 18 months and is thus <br /> requesting the 5-year time extension to complete the project on parcel 24. <br /> Additionally, while the applicant and Bender Consulting, LTD (owner of parcel <br /> 28) are considering options to construct beverage related facilities (e.g., a brewery/ <br /> distillery or soft drink bottling facility) as permitted by the subject Special Permit, neither <br /> has any firm plans or specific development timetable to complete the project, thus they <br /> are requesting the flexibility of a 10-year time extension to develop and occupy on the <br /> remaining two lots. <br /> Granting of the time extension would not be contrary to the General Plan, <br /> Community Development Plan or Zoning Code. Since the Special Permit was <br /> approved in 1993, there has been one change to the General Plan LUPAG Map <br /> designation for the permit area. In 2015 the County Council changed the designation <br /> from Low Density Urban to Medium Density Urban for the subject permit area. This <br /> change was made to encourage more commercial and higher density residential <br /> development in and near Kea`au Town. The permit area is also adjacent to and a <br /> 3 <br />