2020-09-21 Leeward Exh A (SPP 20-000218)

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JACKSON: So this is somewhat of a, like a grandfathered CPR. As far as the CPR documents go, staff did review those with the Planning Department's attorney, and a couple questions that came up that are attorney can speak to, if you'd like, was, do the applicants need to get the landowner authorization of the other three CPR unit owners in order to apply for this Special Permit, and the decision was no. And another issue that came up from the CPR documentation, we typically, the county doesn't regulate private agreements like CPR agreements or CC&Rs, but whenever we do accept a Special Permit application or any application that comes before the Planning Commission, we do check to see if there is a private agreement like CC&R or CPR, we do check to see whether the document prevents the Planning Commission from issuing that type of permit, whether there is any prohibition. And in this particular CPR document there was nothing prohibiting issuance of a Special Permit so long as it's obviously done through the normal process of issuance of a Special Permit. VAN PERNIS: My question is, did the CPR or any amendments allow this sort of activity anywhere on the condominiumized property where they refer to the entire property, not just the applicant's property? JACKSON: I think my answer was the CPR documentation did not prohibit it. VAN PERNIS: But do they allow it? JACKSON: I didn't see anything in the CPR document that said event venues are permitted, no. VAN PERNIS: Isn't it correct that this property, at least as far as the common elements are concerned, are owned by all of the owners up in Waiono Meadows? JACKSON: Yes. But there is language in the CPR document that gives each separate owner the ability to develop its land according with, with conformance to the zoning laws. And VAN PERNIS: But that— JACKSON: hatJACKSON: the ability to apply for and secure a Special Permit is allowed under the zoning laws. VAN PERNIS: Now, is the development to the property allowed for their condominium, their limited common elements or the common elements that are any portion of? Well, let me put this way: Isn't it true that they can develop their condominium, which is their housing area, but that they can't develop the common elements, such as a roadway, without permission of everybody in the condominium. JACKSON: Commissioner Van Pernis, I would have to look at again whether the language allows development of theactually, I'm sorry, the Waiono Ranch Road, I do not believe, is a common element of the CPR; it's a road lot that's owned by the original developer, and the owners of the various properties up there, including the four CPR unit owners, have an easement over Waiono Ranch Road- 7 EXHIBIT A