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HomeMy WebLinkAboutFebruary52015KHPRCMeetingAgendareducedMEETING OF THE KAUAI COUNTY HISTORIC PRESERVATION REVIEW COMMISSION THURSDAY, FEBRUARY 5, 2015 3:00 p.m. (or soon thereafter) Lihu'e Civic Center, Moikeha Building Meeting Room 2A /2B 4444 Rice Street, Ltnu'e, Kaua'i GENDA CALL TO ORDER SELECTION OF 2015 CHAIRPERSON AND VICE CHAIRPERSON APPROVAL OF THE AGENDA APPROVAL OF THE MEETING MINUTES • January 6, 2015 Field Trip Meeting Minutes • January 6, 2015 Regular Meeting Minutes • January 22, 2015 Field Trip Meeting Minutes • January 22, 2015 Regular Meeting Minutes A. ANNOUNCEMENTS AND GENERAL BUSINESS MATTERS B. COMMUNICATIONS C. UNFINISHED BUSINESS 14 Class IV Zoning Permit Z -IV- 2015 -8, Project Development Use Permit PDU- 2015-7, Variance Permit V- 2015 -1 and Special Management Area Use Permit SMA(U)- 2015 -6 to permit repair and reconstruction of the former Coco Palms Resort including but not limited to: 350 hotel units, Lotus Restaurant and Flame Room Bar, the Lobby Building, the Commercial Building, three swimming pools, Queen's Audience Hall, the Palms Lanai, the Utility and Maintenance Building, Sea Shell Restaurant, Chapel in the Palms, 2 of 4 Bridge Crossings, and the construction of a new Queen Lagoon Building into a spa and gym facility on the site of the previously demolished structure. The project is situated in Wailua and located at 04 -241 Kuhi`6 Highway, further identified as Tax Map Keys 4 -1 -003 : 004 (por.), 005, 007, 011, and 017 and 4 -1 -005: 014 and 017. 24 CLG Status February 5, 2015 K.HT R.C, Meeting Agenda Page 2 D. NEW BUSINESS 1. Class IV Zoning Permit Z- IV- 2015 -11, Use Permit U- 2015 -10 To Operate a Communications Facility within the Existing Waimea Baptist Church, Tax Map Key: (4)1- 6 -9:1, Waimea, Kauai. E. COMMISSION EDUCATION (None) F. SELECTION OF NEXT MEETING DATE AND AGENDA TOPICS (3/5/2015) G. ADJOURNMENT EXECUTIVE SESSION: The Commission may go into an executive session on an agenda item for one of the permitted purposes listed in Section 92 -5(a) Hawaii Revised Statutes ( "H.R.S. "), without noticing the executive session on the agenda where the executive session was not anticipated in advance. HRS Section 92 -7(a). The executive session may only be held, however, upon an affirmative vote of two- thirds of the members present, which must also be the majority of the members to which the board is entitled. HRS Section 92 -4. The reason for holding the executive session shall be publicly announced. Note: Special accommodations and sign Ianguage interpreters are available upon request five (5) days prior to -the meeting date, to the County Planning Department, 4444 Rice Street, Suite 473, Lihue, Hawaii 96766. Telephone: 2414050. KAUAI COUNTY HISTORIC PRESERVATION REVIEW COMMISSION Lihue Civic Center, Moikeha Building, Meeting Room 2A /2B MINUTES A meeting of the Kauai County Historic Preservation Commission (KHPRC) was held on January 6, 2015 in the Lihue Civic Center, Moikeha Building, Meeting Room 2A/2B. The following Commissioners were present: Stephen Long, Chairperson, Pat Griffin, Vice Chairperson, Althea Arinaga, Anne Schneider, and Victoria Wichman. The following Commissioner(s) were absent: Danita Aiu and Kuuleialoha Santos, CALL TO ORDER The meeting was called to order at 12 :26 pm. ANNOUNCEMENTS There were no announcements. COMMUNICATION There were no communications. RECESS On motion by Ms. Arinaga, seconded by Ms. Griffin the KHPRC recessed for the excursion to view the Historic Kapahi, Puuopae, and Opaekaa Bridges, Kapahi Bridge The KHPRC arrived at Kapahi Bridge at approximately 1:04 pm. Mr. Michael Hunnemann of KAI Hawaii noted the following: • Two water lines will remain in place. • The existing bridge is supported on steel girders and it's got a timbered deck with timber railings and supported on CRM and concrete abutments. • The design will retain the existing CRM and concrete abutments and the new abutments will be behind the existing abutments. KHPRC 1/6/15 Field Trip N.__,ates Page 2 • The new bridge super structure will consist of steel girders that will look identical to what we have now and the deck will be concrete with timber planking similar to what is there now so the end result will look very similar to what exists. • There is going to be a white line delinating the pedestrian side walk portion to help people know that the bridge will be shared by pedestrians and bicyclist. • There won't be a raised sidewalk. • The new railings will be made steel painted white and similar to what is there now. • Pickers will be added to the side. • The new bridge will be very similar to what is there now. In response to Commission's concerns Mr. Hunnemann confirmed the following: • The current deck is just wood with no concrete and reported that, that is one of the reason why the load rating is so low. • The entry on both sides of the bridge will stay the same however the railings will be changed to the tri beam type. ® The current railing is not to code due to crash ratings and the new railing will be made out of steel tubing. • There will be an addition of a timber curb and there will be three rails installed and the height will be 42 inches. Ms. Griffin requested copies of the profile of the bridge be cirulated at the next KHPRC meeting. At approximately 1:15 pm the KHPRC left for Puuopae Bridge, Puuopae Bridge The KHPRC arrived at the Puuopae Bridge at 1:29 pm. Mr. Michael Hunnemann of KAI Hawaii reported the following: • The Puuopae Bridge is supported on two steel girders and CRM and concrete abutments similar to the Kapahi Bridge. • The deck on this bridge consists of conctrete slabs with transverse beams every four feet on center which rests on top of steel girders. • The bridge will also have 3 steel girders instead of two. • We will have a concrete deck similar to exisitng and will incorprate the transverse beams underneath and will be visable from the side. • The bridge railing will�not be what is existing and will be similar to the one propsed for the Kapahi Bridge. ® The end posts will be preserved in place and will probably have to located behind the new guardrail. • The bridge width will remain the same. K.HPRC 1/6/15 Field Trip l�_.....ates Page 3 In response to Michael Moule's question, Ms. Griffin confirmed that until about 2000 there were wooden slats similar to the Kapahi Bridge. She also reported the following: • Puuopae Bridge is one of only three bridges on Kauai where riveted metal construction is visble (the other two, both on the Natioanl and State Historic Registers are Hanalei River and Opaekaa Stream Bridges.) • It started life as a truss bridge. • Puuopae Bridge is National and State Registers as a category as it represents events that were important to this County • People had to come down Olohena until 1936 when the bridge by Coco Palms was built. So this bridge and.it's size really represents the struggles of the people to actually make a life here. Mr. Moule noted that from the County's perspective when you look at these bridges of course the historic nature is very important aspect of how they rebuilt but we also have to consider safety, traffic, and long term service and things like that. The County's job is to balance these things out and follow the law because these bridges are federal find and requires that the historic nature is addressed. At approximately 1:44 pm the KHPRC proceeded on to Opaekaa Bridge. Opaekaa BridLye, The XHPRC arrived at the Opaekaa Bridge at 1:51 pm. Mr. Michael Hunnemann of KAI Hawai'i reported the following: • This is a steel truss bridge. • The span length is 75 feet. • It will remain a single lane bridge • The new bridge will consist of steel griders with a concrete deck. • The existing truss members will be removed and repaired and then fastened on to the sides of the bridge. • The bottom cord, because of it's extreme poor condition, will be removed and totally replaced in kind. • The top half of the top cord will sliced off and replaced in kind and will retain the lower per• • Most of the diagonal braces will be retained and there are two or three that are going to be replaced. These pieces are not load bearing and will be totally esthetic. • The new members will be the same size as what is there now. • The four end posts will be preserved as is and reused as well. • The bridge with of 10 '/Z feet will be retained. • The abutments will remain in place and the new abutments will be installed behind the existing. • As is now the existing pier will remain. • Emergency girders have been added underneath the bridge. KHPRC 1/6/15 Field Trip 1, _ates Page 4 • A railings will be added and recessed as much as possible into the truss. Ms. Griffin noted that in an attempt to find out what the original color of the bridge was she found that the company that built this bridge seems to be out of business. She reported that she wrote a letter to a museum in Motherwell, Scotland that may have records indicating the house colors of t the different companies. To date she has not received a response. At approximately 2:01 pm the KHPRC left for Lihue Civic Center, Meeting Room 2A/2B. RECONVENE MEETING The meeting was reconvened at 2:15 pm by Chairperson Long. There was no public testimony. Ms. Griffin thanked the County for coordinating the field and noted that she suggested doing a field trip because so many of our bridges come up before us. Having the County explain what was important to try to preserve and what was being replaced was a real benefit to us. ADJOURNMENT The meeting was adjourned at 2:20 p.m. Respectfully Submitted, ee U. Jimenez Secretary Date: f A 28 2015 KAUAI COUNTY IIISTORIC PRESERVATION REVIEW COMMISSION Lihue Civic Center, Moikeha Building, Meeting Room 2A /2B MINUTES A regular meeting of the Kauai County Historic Preservation Commission (KHPRC) was held on January 6, 2015 in the Lihue Civic Center, Moikeha Building, Meeting Room 2A /2B. The following Commissioners were present: Stephen Long, Chairperson, Pat Griffin, Vice Chairperson, Althea Arinaga, Anne Schneider, Victoria Wichman, and Kuuleialoha Santos (from 3:10 p.m.) The following Commissioner(s) were absent: Danita Aiu, CALL TO ORDER The meeting was called to order at 2:56 p.m. by Mr. Long, APPROVAL OF THE AGENDA Anne Schneider moved to approve the agenda, Althea Arinaga seconded the motion. No vote was taken on this item. APPROVAL OF THE MINUTES Pat Griffin moved to approve the October 2, 2014 meeting minutes, Ann Schneider seconded the motion. No vote was taken on this item. ANNOUNCEMENTS AND GENERAL BUSINESS MATTERS There were no announcements from commissioners. Mr. Long requested that staff schedule the 2015 election of commission officers at the next meeting. COMMUNICATIONS Letter (12/3/14) from Max Solmssen, Project Manaaer, Community Planning and Engineering Inc. requesting input to identify potential environmental and /or social and economic impacts associated with the Lima Ola Workforce Housing Development Project, TMK: 2 -1- 001:054, Eleele, Kauai, Hawaii for pLiMose of preparing a Chapter 343 Hawaii Revised Statutes (HRS) Environmental Assessment (EA) in compliance with National Environmental Protection. Act (NEPA) and 24 Code of Federal Re lations (CFR) Part 58. KHPRC 1/6/15 Meeting Mii.K,es Page 2 Mr. Long clarified that the information was for the Commission's consideration. He suggested that the Department requests a representative from Agency attend a follow -up meeting to present the project to the Commission. Mr. they can do that. UNIFINISHED BUSINESS review and the Housing Jung replied Letter 9/16/14) from Michael Hunnemann, KAI Hawaii, Inc. request to present an update of design of Kapahi, Puuopae, and Opaekaa Bridges; request design variation to Opaekaa Bridge (steel girders in lieu of concrete); and an update on site visit to Opaekaa Bridge by consulting engineer., historic architect, and SHPD representative. Mr. Jung noted that this item was addressed in the 12 noon agenda, but can be kept on the agenda for future discussion as they progress with the project. Mr. Hironaka noted that the design to restore the bridge was originally approved using concrete instead of steel girders. The request is for some kind of action from the Commission regarding the steel girders. Pat Griffin moved that the Commission accept the update of the design to utilize steel girders in lieu of concrete for Opaekaa Bridge, Althea Arinaga seconded the motion. The motion carried by unanimous voice vote, CLG Status Mr. Long suggested pushing this time to the end to allow the consultants time for presenting the new business items. Staff reported that some of the commission members and staff went to the CLG training and workshop on the Big Island in December and some of the information has provided to us and will be available to the rest of the commissioners. Some of the information might be applicable when Ian will be making some of his training sessions with the Commission in the future. Staff noted that he has not received an update study from Anna Broverman and will continue to follow up with SHPD on the status of the inventory study. The KHPRC requested that Staff provide information for the next two year cycle of CLG funds for review at the February meeting. NEW BUSINESS Class IV Zoning Permit Z -IV- 2015 4; Project Development Use Permit PDU- 2015 -7, Variance Permit V- 2015 -1 and Special Management Area Use Permit SMA (U)- 2015 -6 to permit repair and reconstruction of the former Coco Palms Resort including but not limited to: 350 hotel units, Lotus Restaurant and Flame Room Bar, the Lobby Building, the Commercial KHPRC 1/6/15 Meeting Mi,.__,es Page 3 Building, three swimming_ pools, Queen's Audience Hall, the Palms Lanai the Utility and Maintenance Building, Sea Shell Restaurant, Chapel in the Palms 2 of 4 Bridge Crossings and Preservation Review, Bridge Removal — Coco Palms Lagoon. the construction of a new Queen Lagoon Building into spa and gym facility on the site of the previously demolished structure. The project is situated in Wailua and located at 04 -241 Kuhio Highway, further identified as Tax Map Keys 4 -1- 003:004 (por.) 005 007 011 and 017 and 4- 1- 005:014 and 017. Memorandum (10/15/14) to Michael Dahilig, Director of Planning regarding Section 6E- 10 Historic Preservation Review, Bridge Removal — Coco Palms Lagoon. Ron Agor representing the applicant noted thee two bridges that are in dilapidated condition on the diagram (on file). Mr. Long clarified the Commission is bridges. He questioned the other two bridges, current condition; a concrete slab bridge. The arched so canoes can go underneath, discussing the demolition and removal of the Ar. Agor noted page 8 of the handouts show the rendering below is the proposed bridge that is Mr. Long questioned the reason for demolishing the existing bridges. Mr. Agor noted they are so far gone and repairing it would mean intruding into the water and replacing the columns which may have a major impact on the pond. Ms. Arinaga questioned whether the new bridge would intrude into the water. Mr. Agor replied that the new bridges would span the canal from land to land and would not impact the lagoon. Ms. Griffin noted the lagoon is on the State register of Historic Places and questioned if staff could inform the Commission on what is addressed in the nomination for the State register and if the bridges are addressed. Mr. Jung stated one of the concerns was that if they are going to within the lagoon itself, it may trigger the requirement for further environmental studies. Because they worked it out with SHPD to span the lagoon, there is no adverse effect. They can check if the nomination included information on the bridges. Ms. Schneider questioned the possibility of a site visit. Mr. Jung stated that they would need permission from the owners. Mr. Agor replied that he would be glad to meet the Commission out there. Ms. Griffin questioned the structures beyond the bridges as listed on the agenda. Mr. Jung noted the project is identified by the PDU and Use Permit numbers. Ms. Griffin stated that she felt she was not able to make intelligent responses not having received the information until now. Mr. Agor replied that he would not be opposed to coming back. Mr. Long questioned if the hearing is related to the demolition of the two bridges and the erection of two new bridges exclusively or if it entails the entire project. Mr. Jung replied that it KHPRC 1 /6 /15 Meeting Mh..,es Page 4 entails the whole project. He noted that agenda item D.I.a. relates to the memorandum submitted as part of SHPD's review regarding the bridge removal. He clarified there were permits in 2005 to tear down the whole place and rebuild it, but those permits have since been revoked. They are now trying to fall under the Iniki Ordinance to re- establish the hotel as it was once before. SHPD's comment was that they are still working on the review but they are working on their 2005 6E process piggy backing on this permit set. Mr. Crowell stated there are a series of 13 structures over 50 years old; 5 King's cottages, 4 Queen's cottages, House in the Palms, Palms Lani and the Chapel on the coconut grove side of the property. Mr. Agor stated there are three main hotel buildings; the Shell building, Alii Kai I, and Alii Kai II and they are built on concrete columns and slabs, within them are built units with metal studs and dry wall. The proposal is to rebuild it with the exception of recessing the wall, and creating a small lanai with railings. Mr. Crowell noted the three buildings were built in the 1970s. Mr. Agor referenced the cottages in their current condition and the renderings showing the cottages raised on poles to have the finished floor above the base flood elevation. Mr. Jung clarified that the Iniki Ordinance allows for certain structures to be recognized as non- conforming but they still have to comply with the flood Ordinance. Mr. Agor noted the existing restaurant and bars; the Palms Lani and the House in the Patens are open structures with posts and a roof. They intend to rebuild the roof and leaving it as open as possible, replicating what was there before. The Queen's Audience Hall will be renovated and will cost less than 50% of its appraised value. Ms. Griffin questioned if the Queen's cottages and King's cottages could be rehabilitated given the Inkiki Ordinance and if they have to be destroyed and raised up. Mr. Jung stated the Iniki Ordinance focuses only on how the structures are placed on the footprint. It says if you are going to rebuild and want to be protected by the Ordinance then you have to rebuild exactly on the footprint and no expansion. They would have to come in for the SMA permit which looks at historic and cultural issues. The policies and objectives of the SMA will apply. Ms. Griffin questioned the flood plain. Mr. Jung noted the flood plain management ordinance, managed by Engineering, has to make sure the structures are compliant. If elevation is necessary, they calculate the base elevation. Ms. Griffin questioned if the existing buildings can be refurbished under the flood plain management plan. Mr. Agor noted the cottages are beyond repair. FEMA rules state that any renovations or remodeling of a structure in the flood zone more than 50% of its value, the whole structure has to conform to the FEMA rules, in this case raising the building above the base line elevation. Mr. Jung added that it also reoccurs over a 10 year period. If it keeps reoccurring it can't accrue. Mr. Long questioned if the bridges will be ADA compliant. Mr. Agor replied that one bridge will be ADA compliant. The one at the restaurant is such a short span that they can't comply, but the bridge at the poolside complies. The entire site will have pathways to the bridge. KHPRC 1/6/15 Meeting M�_ es Page 5 Mr. Long questioned if the bridges that are being demolished are water to water plantoon bridges. Mr. Agor stated it appears that the posts are encased in concrete. Some of the lose posts are just sitting. They would have to change the post in the water in the concrete and they are trying to avoid that. Ms. Wichman questioned if the posts in bridge number two has been impacted already, Mr. Agor noted where the foundations are will not be impacted. There will be a 12" thick footing on the ground and the bridge will abut to it. The prefabricated bridges can sit right on top of the foundation and not go too deep, There was no public comment. Ms. Schneider noted since they just received the information they were not able to absorb it. Ms. Wichman added that it is difficult to tell how the old buildings are and it may be a good idea to take a look at them. Ms. Griffin agreed it is always good to see things in three dimensions. Mr. Long questioned if they are under time constraints with the applicant and the process. Mr. Jung replied that the agency hearing hasn't yet been open. Mr. Agor stated that any day next week would be appropriate. Anne Schneider moved to defer this item until they have arranged a site visit, Victoria Wichman seconded the motion. The motion carried by unanimous voice vote, Class IV Zoning Permit ZJV- 2015 -12 and Use Permit U- 2015 -11 to operate a self - storage facility and resource recovery facility for construction materials within the Nawiliwili Bulk Sugar Building in Nawiliwili, Tax Map Key (4) 3- 2- 005:009, Lorna Nishimitsu stated this structure was built in about 1950 for the limited purpose of storing bulk sugar before it was shipped off the island for .processing. When the plantation operation ceased on the island, the utility of the building also ceased. The weigh station to which it is connected by conveyor belt is being leased to an operator to weigh trucks and their loads. The client felt that one way to recycle the building would be to put it to different use while attempting as much as possible to retain some of the look of the building as it historically existed, Buttresses were added in the 70s because the walls had collapsed from the weight of the sugar, but the condition of the building is not ideal. Some of the buttresses are slated for removal and replacement. Some of the exterior walls comprised of galbestos and painted with lead paint have to be removed for health and safety considerations. The architect, Mr. Hafdahl, stated the buttresses on the side observable from the harbor side are principally going to remain. There is an attempt to reduce on the buttresses on the mauka side where there are existing buildings to allow greater two way traffic, for safety purposes and for access to the unit that will be a recycling facility. KHPRC 1/6/15 Meeting Mii.u.ces Page 6 Ms. Griffin stated that her understanding was the buttresses were added prior to 1964. She noted that on page I1 of the application it states that the applicant is not aware of the presence of any archeological or historic sites on the property but it is in fact an historic site and it's really an important one. As our 150 years of sugar history slips away and factories are going down that bulk sugar really represented something important. The transition from bagging sugar and putting them on ships to having it sent in bulls: She thanked the applicant for looking at adaptive reuse of this beautiful and important structure because it is something that a lot of us have looked for a long time. She is concerned about removing the buttresses as she believes that the buttresses are historical elements in themselves and as stated in the Secretary of the Interior's Standards, which is our guideline for judging changes, page 6, number six says that deteriorated historic features shall be repaired rather than replaced and where severity of the deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities. Mr. Lambert reported that their preference was to keep the buttresses but a two lane drive isle for emergency and for access to the rear is required. In response to concerns expressed Ms. Nishimitsu stated that there is a way that the buttresses can be redesigned to allow for two way traffic and from the public view it would look like it like it was the same kind of buttresses and would be more decorative than functional. Mr. Hafdahl confirmed that by removing a couple of buttresses and shaving off five feet of the rest buttresses will allow an adequate amount of room for the access. Ms. Griffin noted that the KHPRC supports the concept of adaptive reuse. The challenge would be keeping the integrity of the historic building and still update it for modern usage. The buttresses are identifying features of the building and she appreciated the applicant's willingness to keeping them where possible. In response to the KHPRC's inquiries the applicant confirmed that there are 4 exterior staircases, one each end of the building and 2 along the long side facing Nawiliwili. It has to do with the phasing of the project that is going to be done in three phases to accomplish the necessary exiting of the building. Two exits in every phase are needed in this 43,000 square foot project. The openings would consist of a standard 6 8 by 3 0 door punched through the side of the building at landings on the exterior stairs. In addition, the entrance on the Niumalu Road side is not needed and will be eliminated; however, the shadow of the door will be maintained by recessing the siding or something to give a reference to the previous opening. The applicant also confirmed that they intend to install a display or plaque acknowledging the historic use of the building as a sugar warehouse and that historic pictures of the building and a 1950s article will be utilized to educate people coining to the facility. The applicant also noted that to relieve the concern of the banker all the galbestos panels which contain lead paint have to be removed and replaced with a similar looking siding. The exterior of the building, with the exception of the buttresses and the emergency exits, is going to remain the same. The applicant are also open to working with the community on coming up with a color scheme for the building KHPRC 1/6/15 Meeting Ml_ es Page 7 Ms. Griffin confirmed that the applicant is following the standards in historic preservation, which new additions should look like they were always there and be sympathetic to the existing structure and not look like it was always there. Ms. Griffin's motion to accept the plans as shown with. the comment that all of the buttresses that are possible to retain can be done so with minimal alteration as necessary; that the panels that are removed and replaced shall be as near to the existing materials as possible; and that photo documentation be made as the project moves along was seconded by Ms. Schneider. Ms. Santos' motion to amend the motion to include the recommendation that the colors of the building be earth toned and compatible with the Lxhu'e Town Core color scheme that has been developed by the Planning Department; that the color scheme will be reviewed and approved by the Planning Department prior to painting the building; and that signage follow the current County sign ordinances, was seconded by Ms. Schneider. The motion to amend was carried by voice vote (4 ayes, one nay). The primary motion, as amended was carried by unanimous voice vote. SELECTION OF NEXT MEETING DATE AND AGENDA TOPICS The next meeting date was scheduled on February 5, 2015. ADJOURNMENT The meeting was adjourned at 4:09 p.m. Respectfully Submitted, DiR- Nakamatsu Commission Support Clerk Date: KAUAI COUNTY HISTORIC PRESERVATION REVIEW COMMISSION Lihue Civic Center, Moikeha Building, Meeting Room 2A/2B MINUTES A meeting of the Kauai County Historic Preservation Commission (KHPRC) was held on January 22, 2015 in the Lihue Civic Center, Moikeha Building, Meeting Room 2A/2B. The following Commissioners were present: Stephen Long, Chairperson, Pat Griffin, Vice Chairperson, Anne Schneider, Patsy Sheehan, and Victoria Wichman. The following Commissioner(s) were absent: Danita Aiu, Althea Arinaga, and Kuuleialoha Santos. CALL TO ORDER The meeting was called to order at 1:05 pm. ANNOUNCEMENTS There were no announcements. COMMUNICATION There were no communications. RECESS Chair: Ok we are going to recess this meeting and continuation of the meeting for an excursion to the former Coco Palms resort located in Kapa`a. Mr. Jung: Ok Chair before we actually do recess let's just remind the Commissioners that when we do go out on the site visit, in this particular location there are some hazards that exist on the property. So Mr. Agor will kind of guide us through on where to go but I will be working with Mr. Agor and Chair to identify a safe location of where we can go. The public is invited to this so if the public does show up at 1:30 at the site entrance along Kuamoo Road we are going to have to take them with us. That is how Sunshine Law operates. So it's best that you can all just group together and stay together the whole time so we can kind of contain where we are going on the site visit. Ok and then when we deal with Sunshine Law you can have identifier discussions like where the property is. What you are looking at, what not but we don't want to engage in any dialogue discussion where you -- are talking about ok what is this impact and what not. So all that is reserved to when we get back here reconvene the meeting and discuss the site visit ok. Any questions'? Ms. Griffin: I have a technical question. I brought a change of shoes because I have heels. How hazardous are we going? January 22, 2015 KHPRC Meet , Minutes Page 2 Mr. tuna: It's an active zone where they are doing some qualified demolition so you. probably want to wear shoes that can handle some bit of pebbles and will probably walk in on the grass in the lagoon area. So I would probably put on some type of shoes. Mr. Belles: Good afternoon Mr. Chair and members of the commission. For the record Mike Belles I just wanted to supplement what Deputy County Attorney it's just that there is a lot of debris there leftover from the hurricane, glass shards throughout the property wallcways and driveways and all that. So it's something that I would caution that I would wear sneakers and shoes. lust be careful of where you walk because anything can trip or fall, especially on a site that has been demolished but the areas that we have identified people have walked there even I have and I haven't hurt myself So if I can do it you all can do it. lust be careful and I hope to see you all in one piece. (Laughter in background). Thank you. Mr. Long: Thank you. Ok we will recess our meeting now and go on our site visit. We will reconvene back here at approximately 2:30 pm this afternoon. Is there anybody I the public that has any testimony? (None). The KHPRC arrived at the former Coco Palms Resort located at 04 -241 Kuhi`d Highway at approximately 1:35 pm. Mr. Long: I would like to call this meeting of the Coco Palms to order. We have a message from our County Attorney, Mr. lung: Ok so this is a public site visit so the public can come with us. We are going to go to specific areas. If any members of the public want to go to an area that the landowner, or I, or the Chair says no to then we are going to have to cancel the site visit. So remember public we want your cooperation as we move through the site. It is a dangerous site in some areas especially with the wind right now there is coconuts that could be falling so we are going to avoid going around through the paths that we were going to go originally because of the wind and stay in the open areas here and then move toward the lobby area. And because of the fire we are not going to actually go into to the lobby area. So for the commissioners we are going to do all of the discussion and debate when we get back to the room. Members of the public please do not engage or try to engage in discussions you will have your opportunity to testify when we go back to the commission room for discussion on the matter. Ok anybody have any questions? Nope ok. So we are going to follow Ron and if you guys can just stick together please and we will keep control of everyone. So Ron if you can just.identify what they are looking at and where the cottages are and also the bridge. Mr. Ago r: Ok we are standing in this area right here looking down at the cottages, You can really see it behind all of the groves here. The shell building obviously is this one. The restaurants are over there. So you can really see the bridge that crosses where the restaurants are. (Inaudible). Chad can we walk to the lobby? Chad: Yes do you want to see the King's cottages first? January 22, 2015 KHPRC Meeit..a Minutes Page 3 Mr. Agor: They don't want to walk uuder the trees. Could you cut down all of the trees? (Laughter in background). No so could you go up there and cut down all the coconuts? (Laughter in background). Chad: It's a pretty clear path. Mr. A or: No, no but the trees. Mr. Jung: Because of the wind we do not want to go underneath the coconuts. Mr. Ago : Ok this bridge here is intended to be cut off over here and then we are going to have another arch bridge from right here. Ms. Wichman: The buttresses, how deep do they go? Mr. Azor: It's only going to be about 8 to 12 inches deep and however long it takes to create enough friction to keep the bridge from flattening out. The depth of the buttress /footing is 8 to 12 inches. Mr. Jung: Do you want to identify the cottages too? Mr. Agor: Those are the Queen Cottages there. Chad is over there making it available but then you have to walk under the coconut trees. Those are the Queen Cottages and then by this map it's these cottages here. Ms. Rayne Regush: Can we address questions to Ron? Mr. Jun a: Yes. Ms. Re r ish: So that's the vicinity where there had been a museum and a library? Mr. Agor: No that's the... Ms. Regush: A little further? But you are not using those existing buildings for museums and libraries this time around? Mr. Agor: Right we are going to relocate it. Ms. Sheehan: Are there four of these buildings now or just 2? Mr. Agor: There is one, two, three, four. Ms. Sheehan: They are all there? Mr. Agor: Yes. We can't see the other bridge from here but if we go around we will be able to see the bridge that we are planning on taking down and you can see the condition of it and know why we need to take it down. Ms. Griffin: Has the condition of this one been compromised? Mr. Agor: Right now no. The idea is just to be able to have a canoe go straight through from one end of the lagoon to the other. January 22, 2415 KHPRC Mee, Minutes Page 4 Ms. Griffin: We still have to lobby, Mr. Agor: So do you have any other questions here? If not we will trove along to the other end of the lagoon. Mr. Jung: Ok. Ms. Sheehan: Are those buildings accessible? Mr. Agor: It's accessible but because of the wind we have been advised not to let you walk under the trees. Ms. Sheehan: Yes I know but are they in anyway useable? Mr, Agor: No. Ms. Sheehan: Are they to be trashed? Mr. Agor: Yes. I tried to calk it out, the only way you can keep it is if the renovation is less than 50% of the value and it exceeds that amount. Mr. Long: How are you on the ADA on those? Mr. Agor: I think we are going to have two cottages that are accessible. Mr. Long: I have a question I noticed there is concrete coconuts (inaudible). Mr. Agor: The question was if we are going to be incorporating something like this in the design and we are thinking at the end of the bridges we are going to have vertical. Mr. Long: You know right now they are being used as (inaudible) horizontal. So I am not going to tell you how design it are you incorporating that in your bridge design one might snake that as the two horizontal curbed elements. Mr. Agor: It might not be concrete it might be something else. Mr. Long: It's coconut? Mr. Aaor: As with the columns, Mr, Long: Yes so that was vertical on that. I see. There is something elegant about a bamboo. Mr. Agor: We will look at that. Any other questions here? If not we will move on. Ok let's move on. Mr. Agor: Ok we can stop and take half now. This is one of the bridges that we are talking down. The other is to the left. Ms. Schneider: This one seems to be anchored on land or is anchored in the water? Mr. Agor: In the water. January 22, 2015 KHPRC Meer. Minutes Page 5 Mr. Jung: Ron we are going to cycle the next group in so we can stay on time. Mr. Agor: Ok second group. Ms. Wichman: Is the bridge going to have the pilings in the same places? Mr, Agor: No this is going to be taken out. Ms. Wichman: Completely gone? Mr. Ago r: Yes to try and rebuild it we would have to disturb the earth a lot. As well as the one way back there. Ok folks this is bridge number 4 that is going to be taken out because of the condition. Bridge number three you can see it on the far left over there. Mr. Long: How long is this bridge? Mr. Agor: Any more questions? Ms. Griffin: going to Yes I do have a question.. So Ron a couple of weeks ago I asked if any of these bridges were want to come forward on the State Register nomination. Did you by any chance? Mr. Aaor: The archeologist is going to at the meeting when we get back. Ms. Griffin: Ok then we can ask. Unidentified speaker from the public: Ron where does the water come from? Mr. Agor: There is a drainage pipe about 50 feet from the bridge on that corner. And the rest is all natural. u Unidentified speaker from the public: And the drainage pipe comes from the valley up here? Mr. Ago r: Yes, minimal water. Unidentified speaker from the public: Most of it coming up from the springs? Mr. Agog: Yes. Mr. Jung:-Ok Ron we have to kind of head back. We have to make it back to Lihue for the 2:30 pm meeting. At approximately 2:00 pm the KHPRC left for Lxhu`e Civic Center, Meeting Room 2A/213 0 RECONVENE MEETING The meeting was reconvened at 2:30 pm by Chairperson Long, Mr. Long: Ok we are going to reconvene this meeting of the Coco Palms Site Visit. Does the applicant want to come forward with any questions of the applicant by the Commissioners. Thank you Ron. January 22, 2015 KHPRC Meer. Minutes Page 6 Mr. Agor: Aloha Ron Agor for the record. Ms. Sheehan: Could I just ask one question? Mr. Long: Yes go ahead Patsy. Ms. Sheehan: The bridges that you are going to rebuild, they are going to, is it a pedestrian or is it for motor vehicles ?. Mr. Aaor: Pedestrian Bridge. Ms. Sheehan: So no motor vehicles are going to be, carts or... NIr. Aaor: Yes they would not be necessary for any car or small vehicle to cross the bridge. Ms. Sheehan: Thank you. Ms. Wichman: I have a question. You know you were mentioning, I know I keep bringing up the buttresses on the bridges I keep asking you those questions but the reason being you said that it was going to be dug down between 10 and 12 inches? Mr. Agor: Yes, Ms. Wichman: It seems kind of thin or shallow to me. Mr. Agor: Yes... Ms. Wichman: The buttresses are pretty big. Mr. Agor: The shallower we go the pushing out. So the length we don't longer the buttress is to create a friction to quite know yet tmtil we get the engineering keep the arch bridge from on the bridge. We want to do that instead of, the easiest way to do it is the old fashion way and just go down deep. Ms. Wichman: Yes I understand that. So while this is going on you will have archeological monitoring as well? Mr. Aaor: Yes. Ms. Wichman: Ok good. Mr. Agor: I believe we are going to have somebody full time on the job site. Ms. Wichman: Good thank you. Mr. Jun a: Just so that the Commissioners understand we do have the other agenda to open up but if there is any questions following the site visit we can tackle those now and then take public testimony and then close it out and then go into the main agenda item on the next agenda. Ms. Wichman: I have another question please. The bridge that you said is going to be totally taken out, the long one, the last one that you showed. January 22, 2015 KHPRC Meet,,. 5 Minutes Page 7 Mr. Ago r: Yes, Ms, Wichman: When you take that out the pilings that are holding the bridge up m the middle they will all be removed from the pond? Mr. Ago r: Yes. Most of them are loose right now so it's just a matter of getting a floating platform and picking up and putting it on the platform. Mr. Long: Do we have any questions or testimony from the public? Mr. Milton Ching: Aloha 'auinala my name is Milton Ching. I just heard about this meeting today so I am going be brief. I submitted testimony for the Planning Commission coining out on the 27 "i. I just want to say that my Great Great Grandfather.Mailolo lived in Wailua. We have records of his being in Wailua. I also submitted paperwork to the Kauai Burial Council as a lineal and cultural descendent of my kupuna that live at Wailua. But I am here before you to just say that Mahupunepuuoni Cemetary has been on Coco Plams premises for many, many years. We have two references to Mahupunepuuoni Burial Grounds. It's taken from 1848 Land Commission Award where two of the Native Hawaiian Nawai and Maawe states on the description of their kuleana that Mahupunepuuoni is outside of the boundary. According to the Coco Palms map that I have seen back in the 1950s, the old lodge where you check in happens to be the location of the LC Award of Nawai. So based upon these Hawaiian coming out and testifying in front of the Land Commission Board back in 1848, although they not here today, I just want to make reference that Mahupunepuuoni be preserved according to law and whoever is buried hi that cemetery. I will be forwarding the documentation to both the Kauai Planning Commission, Burial Council. I also sent a letter to Hal Hammat's company. Missy and Gerald is in the audience today with the genealogy that I come from. So I would like to thank everybody for this opportunity to speak in front of the board. Thank you and mahalo nui. Mr. Lon a: Are there any other members of the public that would like to come forward? Thank you. Ms. Rayne Re gush: Aloha Commissioners. Rayne Regush for the record. I wanted to speak on behalf of the historic coconut grove and we are not in favor of siting the new parking lot in this grove which is State lease land and right now a 60 stall gravel parking lot for employees is proposed within that property. It's right next to Kuamoo Road which means it will also block the view of the historic lagoon as you drive by and I don't think the trees in this grove should be removed for parking and I hope that you will consider an alternative which would be constructing a two story parking structure which would be where the parking lot is proposed by Haleilio. So perhaps that would be a solution to alleviate from putting, to alleviate any sort of removal of historic trees and altering that grove. The purpose of that State lease is for aesthetics and public enjoyment and we all know that parked cars a visual blight. So again that would be the justification for putting parking elsewhere. Mahalo. Mr. Long: Do any of the Commissioners have a question of the public? January 22, 2015 KHPRC Meel,..a Minutes Page 8 Ms. Griffin: I, perhaps our archeologist can answer. I was uncertain about whether in the State Historic Register Nomination for the lagoon whether the bridges were part of the nomination if they were addressed in anyway. Mr. Mary Jane Naone: The bridges are mentioned in the National Register, however I noticed in the preservation plan for the lagoon that there is already discussion of the bridges being removed. So they weren't considered part of the, cause the preservation plan is for the fish ponds. They weren't considered part of the fish ponds. So even in the preservation plan for Debra Kapule's Fish Ponds there is already discussion about the bridges being removed. And I apologize I need to touch base with the Architecture Branch. They have been more involved in making comments on the details of this project but the plans have changed several times. So I need to get current with them about where they are at and they are currently reviewing the permits right now. So I will have some comments on the next meeting from the Architecture Branch or I could forward those to you once we get those. Mr. Griffin: Thanks and you may not be the person to ask in that case but when at the site visit the first bridge we saw, the concrete bridge where kids use to fish for tilapia. You said that's still in good shape: It's more of a desire to make changes and I was wondering how old the existing bridge is. Is it historic? Is it over 50 years old? Pre 1965? I am asking you or Ron. Ms. Naone: Yes I don't really now. Sorry. My understanding from just conversations with Cultural Surveys is that it's not historic. Is that right Missy? I am going to defer to you. Yes my understanding . from the conversation that I have had with the Architecture Branch as well is that the concrete bridge is, you are talking about the one closest to the restaurant? Ms, Griffin: Yes. Ms. Naone: That they aren't historic and that was why it was ok to take them out. Ms. Griffin: Is that your, do you have any documentation on that Mr. Agor? Mr. Ago r: No I don't but the restaurants and the hotel rooms above was built less than 50 years ago and the bridge is in conjunction with the restaurant. So I can only assume that it was built along with the restaurant. Ms. Griffin: So our looking at the bridges really has more to do with the context of the lagoon and how it would change that context rather than, than the structures themselves. Is that... Staff? What are we doing here? Mr. Jung: Well because the lagoons are on the historic registry you do want to look at the context of it and whether or not they fit cause they have been very critical in making sure they don't touch within the lagoon right for certain requirements to make sure it's not an adverse effect but the spanning over I think was twofold and you can ask the applicant one, to allow for the canoes to go under but two, to make sure they don't affect the historic nature of the lagoons as they exist now and how to hope to make sure they exist into the future. Cause when you start putting things into the lagoon then it might disturb the integrity of some sort of the lagoon itself without the poles going in. January 22, 2015 KHPRC Mee-L.. . Minutes Page 9 Ms, Griffin. Ok the wooden one there are already posts going in and the other one if it's not historic and it's just changing the aesthetics over it. What are we doing here? I need some staff assistance here on what the decisions and recommendations are. Mr. Junk: Ok well I think this portion of the meeting was to only address the site visit. So we are go into the main meeting and then we will have the planner is here to discuss and have questions with the application itself. Which is not just the bridges, it includes the whole parcel with all the historic sites that are on that parcel. So if there is no more public testimony you can adjourn. Ms..Naone: Can I just add something in SHPD's defense cause I feel bad not having more information. We are still you know reviewing this project and so we actually asked for more time to review the removal of the bridges and I have been some architecture correspondence regarding the bridges and whether or not they are historic but we are still in review ourselves and so we haven't read everything associated with the renovations and so I apologize that I don't have more information for you. My understanding that part of attending these meetings is that I can also bring your comments back. Mr, Long: Ok thank you. Do we have another member of the public that would like to come forward please, Ms. Re gush: Thank you Rayne Regush. I have one more point. The entire site is very, very historic. As we know going back centuries and we know that there are also many artifacts from the former museum and I want you to give your consideration to what the most appropriate location or site on the property might be for display and working with the Kauai Historical Society for that, Mr. Agor had mentioned perhaps the overpass that connects the retail building to the hotel lobby which is fairly wide and could house glass cases for artifacts but you folks are more the experts and I'd love for you to weigh in as to where an appropriate home for these artifacts should be located. Thank you. Mr. Long: Anybody else from the public? Ok we are going to adjourn this aspect of the meeting which is the review of the site visit to Coco Palms. So we are going to adjourn that phase of the meeting and we are going to open the second phase of our meeting today and take a look at the entire application with the Planning Department staff to answer our questions. ADJOURNMENT The ineeting was adjourned at 2:44 p.m. Respectfully Submitted, 7 Secretary JAN 2 8 2015 Date: IV KAUAI COUNTY HISTORIC PRESERVATION REVIEW COMMISSION Lihue Civic Center, Moikeha Building, Meeting Room 2A/2B A meeting of the Kauai County Historic Preservation Commission (KHPRC) was held on January 22, 2015 in the Lihue Civic Center, Moikeha Building, Meeting Room 2A/2B. The following Commissioners were present: Stephen Long, Chairperson, Pat Griffin, Vice Chairperson, Anne Schneider, Patsy Sheehan, and Victoria Wichman. The following Commissioner(s) were absent: Danita Aiu, Althea Arinaga, and Kuuleialoha Santos. CALL TO ORDER The nmeetinzg was called to order at 2 :44 pm. APPROVAL OF THE AGENDA ANNOUNCEMENTS AND GENERAL BUSINESS MATTERS There were no announcements. COMMUNICATION There were no communications. UNFINISHED BUSINESS Re: Class IV Zoning Permit Z -IV- 2015 -8, Project Development Use Permit PDU- 2015 -7, Variance Permit V- 2015 -1 and Special Management Area Use Permit SMA(U)- 2015 -6 to permit repair and reconstruction of the former Coco Palms Resort including but not limited to: 350 hotel units, Lotus Restaurant and Flame Room Bar, the Lobby Building, the Commercial Building, three swunming pools, Queen's Audience Hall, the Palms Lanai, the Utility and Maintenance Building, Sea Shell Restaurant, Chapel in the Palms, 2 of 4 Bridge Crossings, and the construction of a new Queen Lagoon Building into a spa and gym facility on the site of the previously demolished structure. The project is .situated in Wailua and located at 04 -241 Kilhi`d .Highway, further identified as Tax Map Keys 4 -1 -003: 004 (por.), 005, 007, 011, and 017 and 4 -1 -005: 014 and 017. Mr. Ron Agor: Ron Agor for the record, I am here to answer any questions you may have. Mr. Long: Yes. Ms. Schneider: Ron are you going to reuse all that lava rock that's there? Mr. Ag_or: We certainly are. Yes we certainly are. January 22, 2015 -KHPRC Me. ..g Minutes Page 2 Mr. Long: I have a question about the lagoons. So you are concerned about keeping in their current condition so there won't be any dredging or removal of material from the lagoons? Mr. Agor Right now there are some debris in it and we are working with Cultural Surveys on the method on which we are going to be cleaning the lagoon. It will probably be by hand. Removing the coconuts, the branches, and debris, we don't want to be bringing equipment in there. Mr. Long: Thank you. I have another comment and that is when we were out in the site and we tallced a little bit about the concrete bridge and the concrete cast coconut horizontal member on the bridge and I just thought I might mention her that if you could integrate that design concept into the new bridge that would be... Mr. Agor: Your comment has been noted and we will work towards that. Mr. Long: Thank you Ron. Would anybody from the public like to come forward and testify regarding the entire application? Ms. Re gush: Thank you again. Rayne Regush for the record. I Agor. When he. talked about having a monitor on site, I wasn't archeologist. And second point regarding reusing the lava rock retain the existing lava rock walls, keeping them in place verses we could get clarification please. Mr. Long: Yes Ron, had two points of clarification for Mir. clear whether that monitor would be an my question would be are we trying to dismantling and reusing the rocks. So if Mr. Agor: Again Ron Agor for the record. I believe the only rock wall that is going to be considered taken down is the one that is attached to the King's Lagoon. The old wooden buildings at the very end where we went around to look at the bridge. There is some 8 foot high walls that is faced with rocks and when we denolish the King's Lagoon those walls are going to come down and we are going to take those rocks and use it elsewhere. Ms. Schneider: Can you tell us the timeline how long this project will take you to complete? Mr. Agor: I think I should defer that to the owner. Mr. Long: There were two questions to you from the public. The other had to do with the archeologist and the... Mr. Agor: The monitor would be from an archeologist office yes. With regards to the last question I think the goal is to turn the project over to the Hyatt, the operator, in February of 2017. Ms. Sheehan:. Just because we've had this new information from the other person in the audience about genealogy and perhaps a cemetery on the property. Did you know about that? Mr. Agor: I read a little bit about it but you can be certain that before we start construction we are going to be working with Cultural Survey we are going to have a huge map on the site depicting all the historic areas and information the construction workers of where they can go and where they can't go. Ms. Sheehan: Great thank you. January 22, 2015 KHPRC Me, g Minutes Page 3 Mr. Long: Thank you Ron. Anybody else from the public would like to come forward? Mr. Milton Ching: Aloha Milton Ching again. I just want to go to the application submitted by the applicant on Page 27, Historic Resources, and if I may, the proposed rebuilding /renovation of the resort will not, will not have any impact on any existing historic, cultural, and archeology resources, etc. When you find a grave that is unmarked, they inadvertently found if any there is a direct impact on that burial. When that person died years ago it was the intent to be stayed in place never to be disturbed. When Coco Patens was built back in the 1950s they already disturbed it. Period. They already disturbed it. So we get these guys coming in today and say they going rebuild and reconstruct. When you do earth movement there is going to be some movement in the ground. Records have already shown back in 1973 burials were removed and reinterred in front. I believe there were like 34 burials according to documents, But can you imagine how many more people that they never took out from the tennis court and how many people is in Mahupunepuuoni Cemetery. We don't know who they are but I tell you something if in 1835 when the missionaries carne to Hawaii and Kai Kauai and if you go to the Department of Health death Wailua. They must have had over a hundred people or buried some place. So if the document in 1848 states that you do your research well you are going to find iai they did a census of the different districts on records you are going to find people buried in maybe even a thousand. They must have been it's a burial ground, It's a burial ground. There is also a second burial ground that's at the Kalaeokamanu Heiau in the back and one of the records also states on Josiah Kaumuali`i Land Commission Award that it's a burial place. Unfortunately, it doesn't tell us today or in the records who is buried there. But when you have an old timer saying that it is a burial ground, it's a burial ground. And unfortunately Kuamoo Road went right through that burial ground years ago. So although things have been destroyed disrespectfully it's time to do something about it. And if I our cemetery, which is still on Coco Palms grounds today it should be protected by all the government agencies both SHPD, your department, Kauai Burial Council, and the Planning Department. Thank you very much. Mr. Long: Thank you. Ms. Schneider: Is there somebody here from the Burial Council. Mr. Jun a: No, you know I think we are in sort of an unusual situation on this particular project because there has been entitlements for this projects for years and then in 2000 I think they came back in working on their 2005 permit set which had been revoked but they did a lot of work up for the historic preservation review process where I know they went through the preservation plan Mary Jane was talking about and they had other historical processes that were completed but I think what SHPD is doing is they are having to relook at that. So we are still awaiting their comments but if you folks want to supplement and provide content or character issues to the project you can both look at it from an archeology stand point as well as an architectural stand point. So if there are things that you see in the plans that you want to make recommendations on you certainly can do that. But I believe with some of the preservation plans and then I do there is burial treatment plans on the property as well. So there is a lot of plans that were done for this particular project and it's extensive if you guys want to dig into that and look all those up again you can. But the reality is with the January 22, 2015 KHPRC Mew ..g Minutes Page 4 Iniki Ordinance they are allowed to put the buildings back up on the footprint of which they were previously existing. Right, so they do have to come in for other permits required by the new Iniki Ordinance which tells them hey you got to comply with standards as in the CZO provides for now. So what the Planning Department they had to apply the standards of permits. So that's why with the Iniki Ordinance process gone with the expedited permitting process they now have to go through the Class IV Zoning process. They have to go through the SMA process and they have to go through the Project Development Use Process because there is multiple parcels on the property where the development is. So that's why it's sort of recirculating back to you folks and going through the whole public hearing process. Ms. Schneider: Would we be jumping the gun if we give a recommendation before we get SHPD's comments? Mr. Junk: Well it's happened in the past but ultimately this body does recommend to both SHPD and the Planning Commission. So if there is something you see now that you want to snake recommendations on you can certainly do that uow. Right, both from the stand point of the two bridges as well as any of the historic buildings that were identified on the sheet that was passed out at the last meeting. So we go the plans and we forwarded the application that had all the attachments to it as well. Ms. Schneider: Not everybody was able to download that. Ms. Sheehan: Yes it was too big. Mr. Jung: The public hearing is coming up next Tuesday so we do have statutory timelines we have to honor. It's just a part of how the process works but if you need more time to look at it we can certainly schedule another meeting depends on what the Planning Commission does on the Tuesday meeting. But we can schedule another meeting to review all of these things again. Ms. Griffin: I had asked at the last meeting when this came up it sounded from Mr. Agor's presentation it was a little confusing to me on the comments on the historic structures. The King's Cottages, the Queen's Cottages because it was sounding like because of flood regulations and other things that it had to be rebuilt, the cottages, and they had to be built not in the same configuration but up on posts and so forth and had asked for clarification on what the parameters of our recommendation can be if in fact there are other requirements that require the owners to destroy these structures. Mr. Jun u: That's a good question because they are required to comply with our floodplain management ordinance and FEMA has been watching this project because they have concerns as well to make sure it's compliant. Prow that interfaces with the historical elements of the project is just a reality we are going to have face just because there are health and safety requirements. Not that they supersede but they have to be integrated into how the project is going to look because it's a federal requirement. We can ask the applicant to�go through the components but they have to raise it to a base flood elevation based on what the engineers say of where that, I don't know what flood zone it's in but depending on what that flood zone is they have to raise it to a certain height. In this case it's at four feet Ron is that? Oh 8 feet. So it is quite elevated. Ms. Griffin: Right, so where are we in terns of reviewing these historic cottages? January 22, 2015 I{HPRC Me, g Minutes Page 5 Mr. Jung: They were passed out. Ms. Griffin: I mean they are going to have to be destroyed and rebuilt it's not in our purview to comment on the aesthetics on the new one or the design. I mean that's the architect's job. So I am just not sure what we are being asked to talk about and I would love to get some explanation from you or the Planning Department staff, Mr. Dee Crowell: Ok for this Coco Palms project there are about 25 structures that are being considered for either replacement or renovation. There are 14 structures that are over 50 years old and 9 of them are the King's Cottages and Queen's Cottages. Those small little wood framed structures that are going to be raised and raised. So they Ordinance 716 which is kind of the current version of the Iniki Repair Ordinance exempted structures that were damaged by Hurricane Iniki to be repaired without having to meet the current code if they were legally permitted at the time they were built. So they exempted not only the zoning code but the building code, electrical code, and all the codes. And that was passed in 1993. So then in 1997 the Council passed 716, no when was that, and it ended up that the only portion that is now exempt from, well that structures that are exempt from is the nonconforming structure portion of the entire Kauai County Code. So they don't have to, I don't want to put words in their mouth, but I heard from Council Members it was passed basically to allow Coco Palms to rebuild and that's what we have here. But although these ordinances, these Iniki Rebuild Ordinances, you know allowed exemptions from County codes they don't exempt Federal Codes. So any structures have to meet flood ordinances. They have to meet SMA; they have to get SMA permits. (Inaudible) is not exempt, only County codes. So that is what we are dealing with here. These cottages, you know the dates I listed in the spreadsheet are from tax records. So they may have not been built in 1955 but they sure got taxed in 1955. So that's where these structures are. They are allowed to, well they can rebuild but they have to meet the new flood heights. Ms. Griffin: But in that case doesn't that take all of the part of the project off of our table? . Mr. Crowell: Yes, Ms. Griffin: So the five... Mr. Jung: Not necessarily though because as a part of the mitigation plan and this would be pending from the architecture branch where you can suggest through the developer that the appearance to remain similar of nature of what existed before. So when they agreed to the mitigation commitments as they go through the process if there is a significant effect then you can work with the developer to come up with commitments as to how certain architectural look so it's comparable or even similar to what existed when it was built. So there is the ability for you folks to review it on the historic buildings that are being destroyed. But right now we don't have the comment from architecture branch. Ms. Griffin: What about the 5 that aren't being destroyed and rebuilt cause we did not see any of those right. January 22, 2015 KHPRC Me, ..g Minutes Page 6 Mr. Crowell: The Lagoon Building which was that building that was destroyed and you the top floor was removed because it was destroyed in the fire. So that was built in 1958, the one next to the bridge, so the bridge may be of that same year. House in the palms and the Palms and Lanai restaurants that are right next to each other, they are right between the King's are the 2 bars and Cottages and the Queen's Cottages. So they are all in the same general area. They were built in 1955. And then there is a chapel. Ms. Griffin: The Elvis Presley Chapel? Mr. Crowell: Yes, So that I believe is going to be rebuilt. Right? Mr. Agor: Renovated. Mr, Crowell; It is still standing right now, Mr. Agar: Yes we could keep the construction cost less than 50% so we can leave it where it is, as it is. Ms. Schneider: Dee is this going to be connected to County sewer? Mr. Crowell: What is that? Ms. Schneider: Is it going to be connected to the County sewer system? Mr. Crowell: I believe it was. Mr. Agor: You are talking about the chapel? Ms. Schneider: No the whole project. Mr. Agor: The whole facility is a sewer system connected to the County sewer stage at the corner there. If you don't mind I would like to address Vice Chairperson Griffin's question about what are you doing here in terms of the cottages and from our perspective we thought it was appropriate to inform the Commission of our intent. Ms. Griffin: You know and we thank you. There are, I don't know anybody on the island especially you know from in the Puna, Kawaihau, Halelea districts that doesn't have a strong interest for one reason or another in what's happening with the Coco Palms. It has a thousand years of history, and work, and life, and death. So it is important and we appreciate it and it's just been a little confusing when you came before you thought we were just going to talk about the two bridges or you know the bridges and you were saying something else. So I am just having a hard tune wrapping my mind elements. And I do think it's important on a site like is a much bigger site than any single building and w and how this is evolving and all the complications Federal agencies, around our, cause our job is to look at the historical this to look at the context not just those buildings. It e really do appreciate hearing from you on the plans that are incurred working with County, State, and So I just keep being uncertain on how to proceed and maybe the best way, I don't know how the rest of you commissioners feel but it may be in this situatiou it would be best for us to wait and hear from the State Historic Preservation Division because of the complexities of the site rather than trying to weigh January 22, 2015 KHPRC Me�,..�ig Minutes Page 7 through all of it ourselves and. feeling like maybe there is some information out there on the two little bars and the rest. Mr. Agor: The continent from SHPD was that they are still reviewing the issue of the bridges. Mr. Long: I don't think it's... a member from the public please. Mr. Bill Folk: I just wanted to take this opportunity to introduce myself. I am $ill Folk. F O L K and I work with Dr. Hammatt at Cultural Surveys Hawaii and Kauai is kind of my purview and project manager. So I just wanted to take the opportunity and introduce myself since you were all here rather than one by one making sure I get connected with you. We are working with the landowners and the planners in terms of the archaeology and it is a long history of archaeology as well as a long history. We will be helping to put together all of the various elements over the long period of time and we sincerely hope that, that will be of real benefit to you all in your tasks. Thank you. Mr. Long: Thank you. I have a couple of questions. With regards to the ponds, is removing the two bridges going to change the circulation or experiential, experience of the lagoons? Mr. Folic Another question for you Ron. Mr. Agor: The circulation in tenns of humans or water? Mr. Lon a: Well yes the lagoon is used by people in a certain manner and you are removing half of the bridges. So does that change the historical aesthetic and experience and use of the property? Mr. Agor: I don't know if you can call it historical, I guess you could cause historically, for example the Queen's Audience Hall where the ballrooms are will generally be used by the public and that bridge was a direct pathway from the parking lot to the Queen's Audience Hall and with that being removed the pathway would have to be diverted and we do have an ADA accessible route to get over bridge number 2 on over across the lagoon to the Queen Audience Hall. So in the past that particular bridge was used for the public to go from the parking lot to the Queen Audience Hall. And certainly removing it will change that pattern but whether it is significant or not it's really not for me to decide. Mr. Long: I have another comment, question/comment, on the cottages rebuild. I didn't clearly take a look at are the new cottages going to be identical in floor plan and size and scope? Mr. Aaor: Pretty close to it yes. Pretty close to it. Mr. Long: Ok so I just have a personal comment about the 8 foot posts and I noted some vertical elements in the restaurant that have that cast coconut stalk so maybe that's an aesthetic that could be..-. Mr. Agor: We will take that under consideration. Yes. Mr. Long: Thank you. And then I have a general question about the archeology and this is more for SHPD and the archeologist consultant and I understand that you can replace these buildings by County permit but if you take these buildings out from the foundation out the report I just heard that somebody read that someone had evaluated that in removing and replacing the buildings have no archeological sites January 22, 2015 KHPRC Me. .g Minutes Page 8 to be disturbed and my question is to SHPD is how can one remove a foundation without disturbing what's just right under that concrete? Ms. Naone: Well that wasn't a comment made by our office. My understanding in reviewing the archeology component of the project is that the archeological monitoring plan was approved in 2005. So as Ian said we are reviewing some of those old documents and seeing what changes need to be made and nothing has been done on the site without archaeological monitoring. We did make a change in the monitoring in which the monitoring plans stipulated that all demolition or ground disturbance would need to monitored by a qualified archaeologist. I went out last week and Missy Kamai from Cultural Survey's was monitoring the removal of the appliances in the restaurant. We didn't see a need for her to be there when the demolition doesn't involve ground disturbance and it's not working with the structural details that are historic with the buildings. So we have made comments to that and the project. We have also requested more time to review the permit as we are waiting for burial siteiburial treatment plan for inadvertent discovery that was made last year during installation of the dust fence around the property. So Coco Palms Hui had applied for an after the fact dust fence from the County and we had asked for a burial treatment plan for the inadvertent discover of human remains which we passed. You probably saw the orange cone, that's the location. So once we, our burial site specialist Kauanoe Hoomanawanui handles that aspect of but I think we had deferred commenting on the permitting until we can work with the Burial Council to address possible additional burials will be impacted. Oh and I just (inaudible) both the registration, the National Registration form for the Fish Pond and the preservation plan. I don't see any reference to when those bridges were built. I am sorry. It does say that there was some modifications made in the 70s but nothing about they were determined contributing elements. Ms. Schneider: So I have a question for Dee. If we hold off on our comments till we get SHPD's response will we be hanging up the Planning Commission? You are not going to take action on the first hearing? Mr. Crowell: Two responses to that. One is that you know we first received this application back in October and we routed for comments to all the agencies in October for a December hearing. Subsequent to that we found some discrepancies in the application so we rescheduled the hearing for next week and so agencies have had 3 months to look at this project so I don't know how much longer they need. But the second part of that is by our CZO a Class IV permit has 60 days from when the Commission receives the Director's Report which is 60 days from two weeks ago. So it's sometime in early March. But that means that the last regularly scheduled meeting the Commission can act on would be February. Mr. Jung: Yes and just to answer the procedural part of your question is yes the Planning Commission can take action because you folks serve in an advisory capacity both to the Planning Department and Planning Commission but if they choose to take action on it they can. You could make a request for them to have time but it's up to you collectively as a body. Mr. Long: As an advisory commission I think it's really important for us to be sensitive to the time constraints of the County and the applicant. Personally I would like to make my decisions based on a full body of information gathering and I have heard you know with regards to a number of issues today that January 22, 2015 KHPRC Me,. _.g Minutes Page 9 SHPD is still conducting their review, archeological and Architectural. So in those issues I don't feel qualified to make the judgments without our consultants input. Ms. Schneider: Also it would have been great if we had gotten the full application as a printed because drop box folder many of the Commissioners weren't able to open the application online. Mr. Ago: And of course any potential approval on the 27th would most likely be conditioned that the applicant comply with the SHPD's forthcoming analysis. Mr. Long: Go ahead Patsy. Ms. Sheehan: I just like to say that I agree that I feel like I don't quite have my hands around as Pat says and I wasn't at the last meeting so I did not get all this information and it's my bad but I was curious because we weren't able to see anything and one of the things for me was the chapel and we didn't get to see that but it's on the list and it says repair so also you were talking about if the repair is more than 50% you have to come to code. And Dee I wasn't sure whether, I don't know how bad the chapel is, but do you have to come to code on it? Mr. Agor: Our analysis is that the repair work would be less than 50% of the appraised value. So we do not have to comply. Mr. Crowell: Still standing still has a roof. I think they still conduct weddings in there. Mr. Agor: And it's basically an open air chapel. Ms. Sheehan: And also the Seashell Restaurant is that part of this project? Mr. Agor: I believe it will be part of the application, yes, being presented to the Commission on the 27th Ms. Sheehan: And how are people are going to get there from the hotel? Are they going to walk across the road? Mr. Agor: The hotel will have continuous shuttle. Ms. Sheehan: Oh shuttles. Mr. Agor: Yes continuous shuttles. Ms. Sheehan: Well I am glad you are keeping the chapel. I just couldn't find it all of that stuff. Mr. Crowell: We have to keep it. Myles was married in that chapel. Mr. Agor: And during the process of construction I'd be glad to get on your agenda and give you updates as we progress. Mr. Long: Any other questions? Victoria. Ms. Wichman: No I would just like to say that I agree with Chairman Long and with Patsy Sheehan about not being totally prepared for this. We were given the drop box folder recently and I really don't think it's clear, that a lot of us are a little bit confused. Not confused but we don't have our heads completely January 22, 2015 KHPRC Me, g Minutes Page 10 around the whole project. The last meeting it was about two bridges and that's what we were concentrating on and then the scope has changed and I don't feel that we are prepared to make any decisions or advisory remarks at this time until we get more infonmation from SHPD and their review as well. If this does hold up the Planning Commission, I am not sure. Like you said they can make a decision whether or not we give them advice. I don't know, personally I think that we are not prepared to make a recommendation at this time. Mr. Agor: Actually at the last meeting I was wrong in indicating that we were only concentrating on the bridge and I was corrected by Dee Crowell and the Commission proceeded with the correction in mind. That it was more than just the bridge. Mr. Jung: Just to clarify the reference to the 2 bridges was actually made because of the letter from SHPD was referencing the 2 bridges but it contemplated the whole permit set and the buildings in there. Ms. Schneider: So action by the Planning Commission would have to be in February, the Second week in February? Mr. Jung: Yes second week in February. The Director's Report was received last meeting because the CZO requires it to be submitted prior to the next meeting right so that public has 2 weeks advanced notice to see what's coming down the pipeline in addition to public hearing notices or agency hearing notices that are put in the newspaper. Ms. Schneider: Could we take action at our next meeting on the first week in February? Mr: Jung: Yes, Mr. Long: And that would be an appropriate time? Mr. Jung: It could or if you want to schedule, I am sure this issue will come up before the Planning Commission and then Dee can raise it and if you need to schedule, if the comments come back from SHPD then we can schedule another meeting off the timeframe that's our normal meetings as well. Ms. Schneider: And could we get a copy of the full application? Mr. Jung: Paper copy yes. We are trying to go paperless, Ms. Schneider: I was able to download it but other people weren't able too. Mr. Jung: You have to tell Myles you need an I.Pad. Ms, Schneider: Sounds good. Mr. Jung: So where it leaves you is you can either make a recommendation now or defer the matter or request more information from the applicant. Mr. Long: Ok do we have a motion on the floor from a commissioner to address the applicant's application? Yes Mike. January 22, 2015 IU PRC Met._..g Minutes Page 11 Mr. Michael Belles: Good afternoon again Mr. Chair and. Members of the Commission for the record Mike Belles and to my right Mr. Tyler Green he is one of the partners in the Coco Palms Hui, LLC and I just wanted to offer a few more comments before you proceeded if it pleases the Chair and the Commission. This is not an easy application by any stretch of the imagination and this will be one of the few times that I think you will see 2 lawyers actually in agreement because we are dealing with multiple jurisdictions and each one can preempt the other and we are always not compatible and we won't always jive and yes you can wait for the SHPD recommendation and then make your comments based on that but the reality is SHPD has certain final authority on things and you can make recommendations that are not inconsistent with that just based on general law of preemption. And by the same token when we look at Federal requirements for elevating the structures we must comply with that. Yes we have made a commitment on the record that we want to maintain the character and the spirit of those cottages as they once existed. But the reality is they will look the same but we are going to be elevated 8 feet. Are they really going to look the same? No they are going to look different but the building itself per say is going to be a reasonable facsimile of what existed there previously. It's just that legally we cannot put a grid which we would actually prefer to do because it's going to be less expensive to do that but with the Federal law trumping State and County Laws we are not required to elevate those buildnlgs that Mr. Crowell pointed out 8 feet and in some cases higher in some cases lower. Those buildings that don' t have to be elevated some have to be flood proofed so we must do all those things and we must comply with those codes so it's very difficult for the developer or any landowner to make definitive commitments on how something will ultimately end up because we have got several cooks stirring the pot and in some of these cases you've got each of the independent cooks having superior authority over the cook to their left or to their right and we have to respect the law in that case in terms of who has the final say or authority and what I might suggest, bearing that in mind, is that just based on the discussion I have heard so far and what I have observed you have certain ideas, certain comments, certain recommendations that you have made today just during the course of your deliberations. I don't think it would be hurtful or disruptive for you to memorialize some of those and send those over to the Commission as soon as possible so they have the benefit of your comments so that that they will be considering those as they are going through the liberations on it and say that you would like to reserve the right to submit supplemental data as time permits. But the reality also and I have done this for over 40 years not particularly smart just old but the reality is often times agency comments simply don't come in. Whether it be a Federal agency, a State agency, or a County agency. Is it because they are overworked? They are indifferent to it? Or reasons that never made sense to me and`then Commissions for the very reasons that were explained by Mr. Crowell and by the Deputy County Attorney by law the Commission must take action. So I think it would be beneficial knowing the time constraints, my humble recommendation would be that you provide whatever input you could now and if you have the opportunity supplement it with other information as you gather additional information. And I respect what you said that you can only work with what you have right now and you ideally would like more information and will there ever be a point where we have all the information we want. I don't know if that's ever the case. That's why things January 22, 2015 KI-PRC Me�.._,g Minutes Page 12 evolve. That's why we have archeologist monitoring the activities in the field. What if we find an inadvertent burial? You have got to stop work immediately. We have to notify SHPD /Burial Council. We have got to follow certain legal processes and as Mr. Chung said earlier in his testimony, I mean, he is asking that we do things pursuant to the Iaw. And we have to. We don't have a choice. We get penalized and they close down the project and stop it entirely. So we have legal obligations as well and they three are certain safeguards, not absolute, not a 100% that we would all probably lilce to see but that's just the reality of development on any land in Hawaii. This as unique, special historical significance because of its usage over a long period of tune but the reality is you can find ancient artifacts, historical sites almost anywhere on Kauai that are not known or identified. But here it's been known /identified, it's been recorded with the best information we have. We are doing our best to do a development that is responsive to that. And the last comment I will make is that the intent of this project unlike the project that was permitted in 2005 is to limit the disturbance of the soil as much as possible and build on existing foundations cause we realize anything you turn over you may find something under there that would cause everything to come to a screeching halt. A good example is just constructing the dust fence. Who would have thought by digging a post hole that you would discover remains? So I mean that does happen and that's why you have a monitor on site monitoring everything. So that is the intention of the developer to disturb as little as possible and do everything in a sensitive way as possible. Is it going to be a 100% perfect? No it will not be. So those are my only comments that I would like to make and I would like to just turn over the microphone over briefly to Mr. Green because I think he has got some comments at the owner and developer to speak to their vision and how the approach this and these are comments we both made on the public record before when we have appeared before the Kauai County Council. And then obviously we would be happy to respond to any questions you may have for us. Mr. Tyler Green: Thank you Mike. First of all I just wanted to thank everyone very much for coming out today and we understand it was a long day and somewhat of an adventurous tour, Thank you very much for getting us on your schedule and malting the time to go out there. I just kinda wanted to circle back on a few things that I was listening to in being here today and it made me think of our overreaching goal when we set out this journey and that was to honor our past and celebrate the future. And so we do understand that in the midst of this there are many delicate balances and we are sensitive to those delicate balances and it's our obligation and responsibility to listen and to absorb everything that we hear from you folks and also from the public and do our very best to address those and you know as we have embarked on this there is definitely a long list of things to be cautious of and be aware of but you know it is our hope that we get everything on the list and do our best to address those. And so the idea circling back to the question about the bridges is the motivation for that was to open up the view planes in the lagoon and to enhance the guest experience but also enhance the public experience as well. So if you are in the Queens Lagoon Building and you might be in a seminar or a meeting or whatever the case may be now all of a sudden you don't have a bridge that blocks your view from the other side of the lagoon and we figured that the two bridges were sufficient enough and if we paid close January 22, 2015 KHPRC Mec..__.g Minutes Page 13 enough attention into designing those the right way we could then open those up for ADA concerns that are now very relevant in this time and age that probably weren't necessarily addressed when those bridges were first constructed. When I talk about honoring the past the idea is to bring Coco Palms back aesthetically so it does have that node back to the past and that feel and so we always use the term from a design aesthetic as contemporary retro. So it is kind of the old Coco Palms presented in a modern type way and so you will have kind of that tiki feel and we have actually found the coconut tree pilings forms where we can recreate some of the cement structures that you found on the bridge and so whether its infusing bamboo or the old coconut feel. To us it's the coconut grove that represents that resort. That's what made Coco Palms Coco Palms and it is the sacred blend that the coconut grove sits on and so in reference to any kind of parking on the grove. We can't by law as Mike had mentioned disturb that grove whatsoever. We are bound by that lease with the State and we have to follow that line by line and so it's our hope through this process we are enhancing and not talking away anything from the property or causing any unsightly eyesores so to speak on the property but that's typically been our approach fiom the start and we have committed to stick with that honoring the past and celebrating the future as we move along on this project. Thank you. Mr. Long: Thank you. Commissioners do you have any questions for the owner? Ms. Griffin: Thank you and I remember I think Mr. Belles that you were the man that wrote the ordinance for the Kauai Historic Preservation Review Commission back when you were a young County Attorney so I don't doubt that you have plenty of experience over the -years with it. And I appreciate what you are saying about moving on but making a decision in ignorance doesn't sound like a very wise thing to do and as our County Attorney has suggested we can make comments about these very new structures and you have seen me rolling around trying to figure out. I stayed in the Princess Cottages on several occasions and they have a wonderful moss rock jacuzzi that's open to the air and I am not sure how you would do that. I am not sure, we haven't gotten any information about what the King's Cottages or what the Queen's Cottages were like and we haven't gotten any information about what the chapel is because our purview is in preservation and restoration not simply repair but it's really hard for us to conrmient on how to guide and advise on utilizing the Secretary of Interior Standards for Rehabilitation and what constitutes retaining the integrity of these repairable buildings when we haven't seen information about it. So I continue to feel that for us to be able to advise that we need a certain body of information that I don't feel like I have at this point. Mr. Belles: I will just simply say having been the author but not the decision maker who adopted the law, I'm just providing some input to councilmen and other people who considered it and commissions who ultimately have to implement it. At the end of the day the decision is yours to make. It's your collective wisdorn. Tbat's why you people were appointed to a not so easy job to make these tough decisions and if you don't feel you have the information you need then you don't make a recommendation. My suggestion simply was that if there was a way for you apportion it with the information you do have fine but if you feel there is a total void and a lack of a foundation to make a recommendation I wouldn't expect you to do that or any board or commission. You took an oath to uphold the constitutions and the January 22, 2015 KHPRC Me. g Minutes Page 14 laws of the County of Kauai and the State of Hawaii so that's what you have to do and that's what I expect you to do and I respect that. It may result in some delays but we also have legal time constraints and it's hard for the lawyers then to strike that fair balance to get all the information that you need and then have the Planning Commission in turn do what it needs to do in a timely basis pursuant to the laws. So it's difficult compromises I think that may have to be made to make this work for everyone. Mr. Long: Thank you Mike. Mr. Agor: I would like to make a suggestion. I would like to see the Planning Commission on the 27t` should they decide to approve the project to have a condition in there that we follow SHPD's final evaluation and to give this Commission more time. Why don't you guys gather your information and your recommendation and then submit that to SHPD and have SHPD include that in their final analysis. That would be an avenue to relieve the applicant of the pressure and give you more time to evaluate it. Mr. Jung: Well you can do that but the problem is you are going to have to make a decision collectively as a body and you have got to be able to hold a meeting to make decision right. Mr. Long: I have a question of Ian. Can we defer this, our review of this and our recommendation decision until our next meeting? Would be timely before the Planning Commission meets? Mr. Jung: Yes you could make a motion to defer but again if SHPD does come back with their comments and the Planning Commission is ready to act they can act but if they don't then you have the opportunity to provide comments, Mr. Longs: Olt, Ms. Schneider: Do we have comments? Mr. Jung: When is the next meeting? Staff: February 53' Mr. Long: I have another question. If you defer, if you elect to defer to the next meeting does the interim Planning Commission get any of your feedback and comments /discussion? Mr. Jung: What do you mean by interim? Mr. Long: Are they meeting before? Mr. Jung: The public hearing or agency hearing is on the 27`x' Mr. Long: Right so if we elect to defer will they hear any of our comments or discussion that occurred in this meeting? Mr. Jung: I doubt that the minutes would be prepared by then. But if you guys want to send a memo to the Planning Commission. Mr. Crowell: I don't want to speak for the Commission but I doubt they will take action on the 27"'. I think they will have the saine issues you guys are having. January 22, 2015 KI-IPRC Me. .._g Minutes Page 15 Ms. Schneider: So it would be ok if we took action at our next meeting which would be February 5`11? Mr. Crowell: I wouldn't want to make that statement. Mr. Junk: There is no guarantee. Ms. Schneider: Could we make some recommendation now and then still not take action? Mr Jung: You have never done that or I.have never seen it done while I was .here. Usually there is a recommendation and then it folds but I think what Mr. Belles was recommending is that you make a recommendation and then reserve the right to supplement that recommendation based on SHPD's comments. Ms. Griffin: still wouldn't Is it possible to request more information? What's happening with the chapel the 5 buildings and so forth that are going to be retained but need repair because that's part of it we don't have. Mr. Jun a: Sure. The 3 options that I gave you guys is: Make the recommendation. Defer it. Or request more information of the applicant. Right so you can request more information if you would like on specific buildings that you have concerns with. Ms. Sheehan: Requesting more information though we still wouldn't get it till the next meeting. If we requested from the applicant more information it wouldn't come till the next meeting. Mr. Jun a: Right. Ron are there proposed building plans yet or are they still conceptual drawings? Mr. A:gor: Conceptual drawings. Mr. Jung: And how descriptive are the conceptual drawings? Mr. Agor: They are pretty much depicts the buildings and what they building are going to look like. Mr. Junk: Is that sufficient? Or what do you want? Mr. Long: Floor plans and elevations and the site plan. Ms. Schneider: Those are all in the application, in the big application that everybody didn't get. Mr. Lon a: And photos. Ms. Sheehan: Yes because we haven't been able to do that. What does it look like right now and therefore what modifications and what it will look like when it is finished and historically we can look at the size, the building, the shape, whether we have any comments about that alteration, I also think it's important to know what goes around the building. The whole landscape, it's a whole project and it's mind boggling but I think that what you planned, .how it situates in relation to the next building next door. I feel as Pat does. There is a lot of questions and if you don't know where you are now because unfortunately we just didn't get to see it all today. It would be very hard to know that the end result has taken away from something that exists or added to or not. So I would request more information from the applicant if that is possible. That would be my suggestion. January 22, 2015 KHPRC Mc, g Minutes Page 16 Mr. Jung: Will you explain each of the floor plans of each of the buildings in the application. Mr. Ago r: The application to the Planning Commission? Mr. Jung: Yes, Mr. Agor: Yes ok it depicts every building. Mr. Jun -: So we have all the materials submitted to the Commission. It was in electronic form and everybody didn't get it. Ms. Schneider: And it would be much easier to review in paper form cause then you can go back and forth. Mr. Jung: So it may not be an issue that we need it from you we just need to print it out for them. Mr. Belles: My point on my comment is I didn't want you to be precluded from offering comments that we don't control or influence what the Planning Commission ultimately does. Majority of that body decides when they want to act and what basis they want to act. I guess we do influence in some. in terms of responding to an application yes they do listen to the Planning Department because they are the logistical team for the Planning Commission. But at the end of the day they make their own decisions for their own reasons based on their own collective reasons just as you do. I just didn't want to face the prospect of by delaying it the Commission may act and then you have lost the opportunity for any comment and that was my concern when I considered something of a compromise or a hybrid proposal knowing there are time constraints that everyone is trying to cooperate and help hi make this thing work as best as they can. Ms. Griffin: So just to make I understand cause the chapel is a place that has significance because of famous people and you talk in there about how it's going to be repaired. I did not see that cause in what we are doing like I say the materials, the changes are part of what our job is. Mr. Ago r: It's easy to tell you what I am going to do to it. Ms. Griffin: Ok maybe if we defer will you come back and see us? Mr. Ago r: Sure, Mr. Long: Ok do we have a motion from any of the Commissioners? Ms. Schneider: I make a motion that we defer for additional information till the next meeting on February 5th. Mr. Long: With the request for additional information? Ok. Ms. Sheehan: Second. Mr. Long: It's been moved and seconded all in favor? (Unanimous voice vote). January 22, 2015 KHPRC Me, b Minutes Page 17 Ms. Naone: Is there a way for SHPD to disseminate our comments to Commission prior to the next meeting? Mr. Jung: Normally what happens is when the planners get them they forward them to Shan who then distributes them to the Commission. Ms. Naone: we do have a lot Ok is there a way to. include like the archeological monitoring plan or the National Register and not in PDF but I Nomination, the documents that we have on file? Mr. Jung Yes do you have them in PDF? Cause I am assuming you folks wouldn't want to print them all out. Ms. Naone: Well we do have a lot of things just to print out and not in PDF but I am pretty sure these are pretty recent and we have em. So we could set up a drop box or something will all of the documents. Mr. Junk: Well if you set up the drop box then we can open and then print out for these folks. Ms. Naone: Ok perfect. Ms. Griffin: Do you have a sense when that would be? Ms. Naone: I am going to talk to Anna in the morning. We have a meeting. I will be able to get more information from the architecture branch. We have all three branches reviewing for the specific concerns related to that branch so I apologize that it is not all together but definitely within the next week. Mr. Long: Thank you. NEW BUSINESS There was no New Business. COMMISSION EDUCATION There was no Commission Education, SELECTION OF NEXT MEETING DATE AND AGENDA TOPICS The next meeting date was scheduled on February 5, 2015 ADJOURNMENT The meeting was adjourned at 3:51 p.m. Respectfully Submitted, Secretary 2 JANDate: f Name: Waimea Hawaiian Church Location: Halepule Road (corner of Kaumualii Highway), Waimea Owner: Waimea United Church of Christ Original Use: Church Present Use: Church Condition: Very good Integrity: Windows & doors altered, new lanai & new lanai floor Historical Information: Original stucture built by congregation of Rev. George Rowell after his suspension by Kauai Evangelical Association (based on theological & personal disputes) & subsequent court case over church property access. West wing added under Rev. Akina. Placed on Hawaii Register. Distinguishing Features: One- story, cruciform -plan church. Wood shingles on cross - gabled roofs & flared pyramidal spire. Vertical tongue & groove siding. Gable -on -hip roof over porch with variegated shingle patterns and arched vent in elaborate frame on gable end. Rectangular vents on other end and on tower. Concrete lanai floor and steps with pipe railing, wood railing & chamfered posts, and modern paneled double doors. Similar single doo.r on original makai entrance. Jalousie windows, with slightly pedimented frames. Tax Map Key : 1 -6 -07: 28 State Site No.: 30 -05 -9317 SLU District: County G P: County Zoning: Date - Original: Date(s)- Altered: Urban CG 1872 -3 1908 (Addition) c. 1980 Major Sources: Spencer Mason Architects & SHPO files fJ.1. FEB 05 2015 r"NO)"s)" 4., � Zoning Use Permit r0a Variance Special 1' _ - o - --- SMA Permit No. Zoning Pey Jiai Date Approved Plans By Permit Fee Bate MME . (work) E!,' Cd �.r> " �� ( _ �.l �° �' xi P' Irs•�• r% d f�lw/ 4:.�nr Paden. p ° .' a ±7., _ rJ Tax Flap Key L4 °° �� Lot No. °�, Lot Size �d �'� Zoning "` use APPLICANT IS: (check one) A. Owner of Property (Holder of at least 75% of the equitable and legal titje�) E. Lessee of Property *Number of Years Leased From to C. Authorized Agent Attach Letter of Authorization. NOTE: *Lessee must have an unexpired and recorded lease of five (S) years or more fsam date of filing this application. Owner(s) must sign below if lease is less than five (5) years remaining and. /or unrecorded. DES ION OF PROPOSED D5II, DLMG AI.1'l�ATIQN, AIiD /OR COA5TgBTGFIOP 0 ease; number of units, etc.) W� !„ kQ -T C OP%ErNATOG P C elrn nni,wrir�'a 3 din d�:> �` .0 4 1'� P a B � d• fir C b,11 (specify -e t n � _ S:il�iy. �t ��f�1�6°�YSM�JY !! "'� "0�i✓' f' �' r� _� J j i Y FM VARIANCE AN USE PMITS ONLY !� C.11: " ` � A �'�' r ! 4 . Conditions justifying Variance or Use Permit application: required) - -'x"14 Fl P° t� rR .�d r� }� lead' f °.�'a _ j + a..�, b . L a ! i P °�1 ° .. Y ELI �.' c _ �t y' i r ti,.' NJ .� (use additional sheets as 1 1 a: a U jar' )a) A ��� g ` +..• i 1... 5 t jr 1/� �i�'.0 '° 1 M1 t 3 d i � �I� y �°` !� °!. 1' 1 56 a 1 }} \.(• .1 ,.� i f �r�"i '1 `y r� F:. r� q '] .J 3 " '' F e h _ e Y � >¢ .r � � t 1 = �..• � _ �� • -�6 J � l l% .:'!�'` (l' i ;'s. � � e ° � i ' 1�"� �7 r -Thee owner and /or his. authorized representative for the purposes of Said permit s a , prior to commencing erection, construction, installation or placement of the founda- tions and /or footings of the improvements allowed hereunder, and after compliance with the foregoing condition, notify the Planning Department no later than 5 working. days to commencement of such work, in order that the Planning Department might inspect and certify the applicable and imposed setbacks and other znainv rplliraw.^v%Po The construction, work, use, or activity approved in this permit she a su ject to inspection by the Planning Inspector or authorized personnel of the Planning Department, County of Kauai. The applicant is advised that inspection will occur prior to or during construction and use to ascertain compliance with the provisions of Ordinance No. 154, as amended, (Comprehensive Zoning Ordinance, County of Kauai, and /or other laws which are enforced by the Planning Department. • Signature ( ?. f ®� Owner /Applicant TABLE OF CONTENTS SECTION 1 SUMMARY INFORMATION SECTION 2 INTRODUCTION SECTION 3 PROJECT LOCATION SECTION 4 PROJECT DESCRIPTION EXHIBIT A Location Maps and Plot Plan EXHIBIT. B Photographic Review EXHIBIT C Property Ownership Information and Use History EXHIBIT D Letters of Authorization EXHIBIT E Letters of Support, Memorandum of Understanding, EAS Guidelines SECTION i SUMMARY INFORMATION Applicant. Waimea Baptist Church 9611 Waimea Canyon Drive Waimea, HI 96796 -0537 Contact: Pastor James Merritt Phone: (808) 338 =1227 Recorded Fee Owner: Ha"! Pacific Baptist Convention 2042 Vancouver Drive Honolulu H6 96522 2452 Property Profile: Site Address: 9611 Waimea Canyon Drive Waimea, K] 96796 -0537 Parcel #: 160090010000 TMK: AN I slag., Zoning: Commercial State Land Use, Urban Special Management Area: No SEMON 2 - INTRODUMON KRKW=LP -107.3 FM Community Radio for Kauai's Westside We have a unique opportunity to enhance the Educational, Cultural and Artistic life of Waimea and Kauai's Westside with a truly local community radio station. The Federal Communication Commission (FCC) accepted applications for LPFM permits through November of 2013. LPFM is the acronym for "Low Power FM" and is a form of FM broadcasting which uses a low power transmitter to broadcast a signal that may be received by traditional FM radio receivers. LPFM Radio stations operate vAth an effective radiated power (ERP) of 100 watts (OA kilowratts) or less. Because of the low power usage and short range, LPFM Radio is considered community radio which broadcasts contents relevanttothe immediate surrounding community. LPFPA stations are availa bie an#y to qualifying, rVGn -profrt arpnizatiom for non- cornmercial, educational programming. Waimea Baptist Church has been registered with the State of Hawaii as a Domestic Nonprofit Corporation since 1977. The application from Waimea Baptist Church (W BC) was approved by the FCC on January 29, 2014. Waimea Baptist Church is permitted to construct a radio transmitting apparatus to BROADCAST over the airwaves at 1073 FM with the call letters KRKW -LP at 100 watts of power. The Waimea Baptist Church is applying to the Count! of Kauai for a Use Permit to operate a communications facility. The Waimea Baptist Church site is located in a commercially zoned area. There are no industrial zoned areas in the vicinity. SECTION 3 - PROJECT LOCATION The- subject property j�s• located in Waimea, Hl 96796, TM K The parcel. has been.horne.to. - - -the Waimea Baptist- Church since-1945. The propertyis- located -on the maulca side -of the main - street of the commercial district of Waimea. The majority of parcels surrounding the subject property are commercial enterprises. To the west is the West Kauai Technology Center. Across the street is mostly vacant [and which houses the Menehune Product Fair. To the east are businesses on both sides of the street including Kauai- Grano]a, Island Taco, Shrimp- The - Historic Waimea Theater -axl, Yea rn V s restaurant, SECTION 4 - PROJECT DESCRIPTION The 100' watt radio transmitting apparatus authorized bythe FCC will consist of a, broadcast studio located in an existing rood- in, the basement of the Waimea Baptist Church,.plus.an antenna within the base of the existing steeple of the Church. The small, lightweight LPFM antenna will be approximately 45 ft. above ground level. From the outside of the Church there will be no evidence of the radio-transmitting apparatus. There will be no e.xte.rior cables, The antenna -will not be visi bier froni, thea,exterior of the building. There will be neither noxious fumes. nor operating noise emitted. The only emissions will be the broadcast signal over the airwaves at 107.3 FM. "We. wish to operate a low power FIVI- Broadcast Station. at the Waimea Baptist Church, It will consist of studios and low transmitter, co- located at the Church, It will present NO physical RF Radiation hazards to operators, Church attendees or anyone in the immediate area of the Church." George Talbot, Engineer Lic. #PG1129206 SECTiO V 4 - PROJEL7 DHSS IPTT,ON (Cont. 2,1 Hours/days of operation: According to FCC regulations: "All LPFM stations are required to operate at least 36 hours per week, consisting of at least 5 hours of operation per day on at least 6 days of the week; however, stations licensed to educational institutions are not required to operate on Saturday or Sunday." LPFM stations are permitted to operate 24 hours per day. For the first few years, as we develop programs and programmers, we expect to operate with live DJ's between 5 and 8 hours per day. over many years we Nape t6 expand to 12 hours per dap of attended broadcasting. For'over-night and unattended operation, automated programming will be able to fill the other hours as needed. Number of einiployees /folks using the facility at one time. Although we foresee having dozens of volunteer staff and student interns, we expect that that during most hours of attended operation there may be 1 -4 persons at the studio. Provisions for off street parking: The Waimea Baptist Church currently has 8 regular parking spaces plus 1 handicap parking space. There are also-numerOros parking spaces along the street. There is rnore than adequate parkingforstation activities. SECTION 4 - PROJECT DESCRIPTION (Cont. 3' Provisions or adequacy of necessary utilities, roads, etc.: Utilities, roads, and parking are already established for this commercial area. — - Nature and Conduct of operation: The KRKW -LP Project includes implementing live and recorded shows in partnership with the residents and non - commercial organizations of Kauai's Westside. There will be no fees charged to participants. KRKW -LPFM shall: Broadcast programming which shall inform, educate and entertain the multi -cultural communities of Waimea and Kauai's Westside, with special emphasis on the interests and needs of teens and seniors. ® Provide opportunities to residents interested in volunteering at the station to learn all aspects of Radio Production and even to produce their own shows. ® Significantly increase Career Education and Employment Training opportunities for the younger generation with Teen Radio. a Provide airtime to non - commercial organizations that help families of Kauai's Westside, such as, Child and Family Services /Nana's House and KVMH. PARTNERSHIPS Our participating organization, CHILD and FAMILY SERVICES is known for helping those that are most vulnerable, embracing the total family (from keiki to kapuna ). Through Nana's house and their various programs, Child and Family Services currently help hundreds of.families in West Kauai. Outreach is one of their concerns and the partnership with KRKW -LP will help them reach even more families. Nana's House, the center provided by Child & Family Service, serves West Kaua'i by providing family support and family preservation services in which intervention services are interwoven with prevention activities. Services include information and referral, emergency food pantry, emergency clothes closet, parent skills classes, outreach activities to engage hard to reach families, individual and family counseling, and community activities and cultural awareness activities. SECTION 4 - PROJECT DESCRIPTION (Coot. 4) EVENT CALENDAR KRKW will broadcast an event calendar that will be throughout the day and which will promote all upcoming-social and civic events, such as County meetings held at local neighborhood centers, local fairs, festivals, artistic events and Child and Family Service programs and workshops, increasing awareness and participation of the events. EMERGENCY PREPAREDNESS and POST DISASTER COMMUNICATIONS The FCC requires that we maintain an Emergency Alert System (EAS). (FCC ststement attached) Part of having successful emergency plans is to have a well - informed public. We will make our airwaves available to spokesman of Civil Defense of Kauai, The Kauai Fire Department and The Community Emergency Response Training (CERT) program and for preparedness education on a regular basis. According to the County of Kauai Civil Defense Agency, in the event of an emergency the number one advice is to "stay tuned to a local radio or-IV station for official weather and civil defense instructions" We will work closely with civil authorities and public safety personnel to provide emergency broadcast information in the event of an actual weather or climate emergency or other public disaster, providing truly localized information to Waimea and Kauai's Westside, CONCLUSION The benefits to the communities of Waimea and West Kauai in having their own non - commercial, community radio station are profound. Community radio is... Affordable. For listeners, broadcast radio is free, and for producers, community radio is much less expensive than commercial media. Local. Community radio strengthens community ties and builds civic engagement. Community radio covers news and events that do not get enough airtime at bigger outlets. Participatory. Community members participate in the programming and governance of a community radio station, ensuring that the station is relevant and meets local needs. Am A �cii$ A Plot Plan and Location Map v S p •1 I 4 fo'lr Q - ROO ' �X{c;C{rl�x c.E_••� 'i- 'c. -•i_. dl :..``;\ ,` \ \�c.� \ �-a \� r \� V �i fi,. COt�6. WA►-1L �' --:^r �� , Ole eR RO RIC :R �2 .__._..__...__ . j r '� /—'' tic OR A `1 /f Re f /,i f C.p `/`a l''r..O x_ I �\ \•'`t P' Ooll rn W if • r �� , :it. X1, \` ee Jilt OR 0, O_ . t �' a' -b to A. I` Q /�/ : / s i I� 4 c+,�,{ Iwoe{ PtPe.` -+� i8. -Qr. N K Ki V ,��. ' • rr l �', ��` � "T'iI 1 •• � ..r y W " r ROO :x d ! if; OR, to OR � it .i j ,. 16 IF e er OR - OR •• _ ' y BY-S 5"(r l�lG G.N. ?.o :.+ tRh: 4. � _` . u.w I i.. _ 1J) i t011, cy,1 !.. 4)1 • • '- '1� ] wl .� ..s �- J.uYMt�- •_•'pd•.q..iYwyn•�MI( 11 -� 1. • • I • •. . • ..are ;"..N:rTwr...aL._— 1 Or CRAFT FAIR''', 0 u 4 Exhibit B Photographic Review ni!iiil,P.1 j: 'F`EI II m11 1 ;• iIf I .Fr TIM ij•;:i�:::: fil { ° ° "iljjyi:r;,.r L33[dI {jI a jilt j: 'F`EI II m11 1 ;• iIf I .Fr TIM ij•;:i�:::: fil { ° ° "iljjyi:r;,.r RK: re 3r i F.,:1 F E'. 3 E...: s .. .:..... ..... 3 #s F :. .a .d . .:.... o :;I:::, s E: is v. ?s s li O. i i r ^: .' .. . ...:! ..n::. L. :.: 'ii .. fs i ILI 31 a n E, 400 s'. :3 r F s! 3 1 r s 1.. ;, r F' #'_3. ! :... e s s r 3. .. sEei3 3. :s 1F i E a a r s 3 o33 ... ... i ...., :. IT If . RK: re f� e 121 r�S �:t : y (Ell P Ed 5 h t i•ti Exhibit C Property Ownership information and USe History BREG EG Online Services r•.nual Bus?ress Filing uioC1h Se Docu e -nitG Online r IP r_n�! .an�11t r. .egister e Business r- rb n . �f \rL Zuppor �atc an Account q. W�j L ' Begins with -- -` "'IST CHURCH DOMESTIC NONPROFIT CORPORATION General Info f-, = = 1" % f ANNUAL FILINGS ii OFFICERS � OTHER FILING �; BUYAVAILA6LEI?OGS L=a's General Info ELECTRONIC . . $7.50 PRINTED $7.50 M ASTER NAME WAIMEA BAPTIST CHURCH BUSINESS TYPE Domestic Nonprofit Corporation RLENUMBER 33439 D2 VIEW STATUS Active . PURPOSE PUBLIC WORSHIP, CHRISTIAN EDUCATION, FELLOWSHIP, SOCIAL MINISTRIES. PLACE INCORPORATED REGISTRATION DATE M AILING ADDRESS k *m AGENT NAME Hawaii UNITED STATES May19,1977 P O BOX537 WAIMEA, Hawaii 96796 UNITED STATES PER PASTOR JAMES- C. MERRITT 9611 WAIMEA CNYON DR STE A P O BOX 537 WAIMEA, Hawaii 96796 UNITED STATES 0 't`c.: f f-, = = 1" % f i •I's�� ` ` -_ � L=a's ELECTRONIC . . $7.50 PRINTED $7.50 M ASTER NAME WAIMEA BAPTIST CHURCH BUSINESS TYPE Domestic Nonprofit Corporation RLENUMBER 33439 D2 VIEW STATUS Active . PURPOSE PUBLIC WORSHIP, CHRISTIAN EDUCATION, FELLOWSHIP, SOCIAL MINISTRIES. PLACE INCORPORATED REGISTRATION DATE M AILING ADDRESS k *m AGENT NAME Hawaii UNITED STATES May19,1977 P O BOX537 WAIMEA, Hawaii 96796 UNITED STATES PER PASTOR JAMES- C. MERRITT 9611 WAIMEA CNYON DR STE A P O BOX 537 WAIMEA, Hawaii 96796 UNITED STATES 0 't`c.: f f-, = = 1" % %=1^ i i •I's�� ` ` -_ � 5 Section 342 -42. Extract from Cb¢pter 342 of the Revised Zaws of Hawaii 1955. Every applicant receiving a certificate of title in pursuance of a decree of registration, and every subsequent purchaser of registered land who takes a certificate of tide for value and in good faith, shall hold the same free from Al encumbrances except those noted on the certificate in the order of priority of recordation, and any of the following encumbrances which may be subsisting, namely; (a) Liens, claims or rights arising or existing under the laws or Constitution of the United States, which the statutes of this Territory cannot require to appear of record in the registry - (b) Unpaid real property _taxes assessed against the land and improvements covered by the certificate of title, with interest, penalties, and other additions to the tax, 'which, unless a notice-is filed and registered as provided by section 128 -38, shall be for the period of three years from and- after January 1 of the tax year involved, and if .proceedings for the enforce- ment or foreclosure of the tax lien are brought within the period, until the termination of the proceedings or the completion of the tax sale. (c) Any public highway, or any private way laid out under the provisions of law, when the certificate of title does not state that -the boundary of such way has been determined. (d) Ar-iy lease, coupled with occupancy, for a term not exceeding one year; provided, that the priority of such unrecorded lease shall attach only at the date of the commencement of such unrecorded lease and expire one year from the date or souR:.r if'so`CVrsssed.-- _,- ._..._._.�__...____ (e) Any liability to assessments for betterments, or statutory liability which may attach to land aal furnished to he independent of, the recording or registering of any paper or the possibility of alien for 1' abor or material flan het in the improvement of the land; provided, that the priority of any such liability and the lien therefor (other than for labor and material furnished'in the improvement of the land which shall be governed by section 193 -42) shall cease and terminate three years after the liability first accrues unless notice thereof, signed by the officer charged with coULction of such assess- ments or liability, setting forth the amount claimed, the date of accrual and the land affected, is registered and noted on the certificate of title within such three year period; provided, further, that if there are easements or other rights, appurtenant to a parcel of registered land which for any reason have failed to be registered, such easements or rights shall remain so appur- tenant notwithstanding such failure, and shall be held to pass with the land until cut off or extinguished by the registration of the servient estate, or in any other manner. (f) The - possibility of reversal or vacation of the decree of registration upon writ of error issued within ninety }rays from the entry of such decree of registration. V 00 L tDI r OD: ..ri C N 0 H 6: z; o: E-4 o U); x� P4 Z �z < >�� w 0 �x0 zw ,.a ¢,' w ; Q v: G4 O O a Odd O CH q C_ ( a) tom: ki A: 4 6: z; o: E-4 o U); x� P4 Z �z < >�� w 0 �x0 zw ,.a ¢,' w ; Q v: G4 O O a Odd O CH q TRANSFER ERT KATE OF TITL T O 3 ? 5 originally Reg istered.���'- ertificate - Na-- - -� g y the Registry District of the State:of. Hawaii& in Registration � "b :s ss to Certify that W VAII ]B I T 3 _ j jp� Place. 0 :2 �5a �i 62 ice a e.Be" ®� p who" Street, �m s� u a,, fit , an -�� u. ty of Bonolul� of simple :2. t at cextaln P-8- OTMer - - JA 1W 41. - _ - _ A, 3 ��� cle pp�p.y�p3 G1 qq� _ �g j�y_�q_�q�j > —-q• y' - F -Aaiei a��6iQi� QSio 'fl f��b�+Va- 6..a�h.1� �ta�0 W+� 4f i � as i - strar of f the S. i. l C 7 iL + e + J j µ Eric and . Limited ^ ; tha - ► described being F .1 al TItle WOO 3191 4 Brief History of Waimea Baptist Church On the Garden Island of Kauai stands a Baptist Church with a heritage which speaks of God's matchless grace. The story of Waimea Baptist Church is the story of the growth of a church from a small band of faithful believers into the fine church it is today in 2014. It is an inspiring story of God blessing the faithful witnessing and preaching of His word and the example of Christian living beginning with the Tamashiro family. First a Bible class was started in the home of the Tamashiros in Waimea. In April 1943, this small group was organized as a Regular Baptist Church and called Mr. Edwin Dozier as their first Pastor. Then World War II broke out and Dr. Charles A. Leonard moved to Kauai and took Mr. Dozier's position, allowing him to help with Japanese Translation work for the Military. Also during this time Military Chaplains, stationed on Kauai, helped Dr. Leonard with the Christian ministry in Waimea and Kekaha. In 1945; Waimea Baptist Church outgrew the available space in Waimea, and so begin a temporary exile at a rented Chapel in Kekaha, 3 miles away. They turned the old Chung Kee store into a place of Christian worship. By the end of November 1945 the Church had grown to 3 8 members. There have been other phases of growth, but the greatest and most encouraging is that of the church building itself. Before the Leonards left, a lot had been purchased back in Waimea near the modern day Waimea Canyon Drive and Highway 50. Plans were drawn up to erect a permanent church building. In April 1946, Dr. Rankin, from the newly formed Hawaii Baptist Convention (Southern Baptist) helped the people obtain the funds necessary to purchase and build the Church. Thus, the Church went from a Regular Baptist Church to a Southern Baptist Church. The church today in 2014 still is affiliated with the Hawaii Pacific Baptist Convention (SBC). The church membership in 1946 was 73 members at its dedication. In the beginning of 1946, the new Waimea Baptist grounds were dedicated. Bids for the building of the church and the Parsonage were opened and the work was awarded to Mr. Matsuda. Then after more than a year of construction, on March 30 th , 1947, the building was dedicated for use and the Waimea Baptist Church was formed and established. In 1959 the property adjacent to Waimea Baptist Church became available. It was the site of a garage and machine -shop and everyone felt it could serve a better purpose for the Church. Purchase was made possible by a grant of $10,000.00 from the Southern Baptist Convention Foreign Mission Board. 1. In the following year of 1960, construction was begun on the new Educational Building. In its completion in 1961, it was dedicated as the new Waimea Baptist Nursery Educational Building: Presently, it is now the Waimea Baptist Preschool and 1. serves the community as it did in the early days of its founding. Waimea Baptist Church buildings and facilities have gone through two hurricanes in the past. In 1953 the Waimea Baptist Complex of buildings (4) sustain some damaged but was later repaired. Then in 1992 Waimea Baptist Church complex of buildings encountered Hurricane Iniki. It took us almost 4 years to remodel all the buildings. We sustained over $300,000 of damage. We worked with the American Red Cross and feed thousands of people from our Church grounds. But we have not given up helping our communities! Now we are seeking to help our Communities again by establishing our first low power FM Radio Broadcasting Station here at the Church. We hope that many of our homeless and needy and our students will have a much better life. Our founding fathers and mothers would be thankful that a "Light for the Communities of Waimea and Kekaha" is still burning in our hearts at Waimea Baptist Church. Much Aloha, f P ,. �. Pastor James C. Merritt 1989 - 201400.. Waimea Baptist Church 9 Exhibit Letters of Authorization 1 # OFAUTHORIZATION We, Hawaii Pacific Baptist Convention, the owner, or authorized agent consents that Waimea Baptist Church may operate a FM broadcasting station as authorized by the FCC, under the call signs of KRKW LP 107.3 FM on- our property in Waimea, Kauai, Hawaii, 96796. The location of the station will be at the corner of Waimea Canyon Drive and 9611 Kaurnualn Highway or U.S. 50. (See Tax Key Map) Waimea Baptist Church may make and file applications for the proposed FM Broadcasting Station and antenna on the property to such local,state,and federal government entities whose approval may be necessary for this type of Use. Also submittals and approvals including zoning applications, v ariances,land use descriptions, and other submittals necessary for this type of use. All. such applications and approvals will be subject to the Hawaii -Pacific Baptist Convention's sole authority and at the expense of Waimea Baptist Church. ,Authorized Signature: Print Name. Title: E Company or Land Owner: 2 t � Ord _— - I D-qte of Doc Phone Dumber: 808- 3384227 or (1) 6- 1M9 -10 ) ss.` O TY & COUNT O HONOLULU ) Subscribed and Sworn 'o before me by �cS�P a -i�n►S Property Address: 9611 K.aumualii Highway (U.S. 50) Waimea, Kauai, Hawaii, 96796 United States of America Official Mailing Address: WAIMEA BAPTIST CHURCH P O BOX 537 WAIMEA HI 96796 CONSTRUCTION PERMIT Authorizing f f fi-a1: I?. Bradshaw Deputy Chief Audio Division Media Bureau Grant Date : � �� ;9 27014 Facility ID: 196422 p � Call Sign: NEW This permit expires 3:00 a.m. local time, 18 months after the Permit File Number: BNPL- 20131113AYD grant date specified above, subject to the provisions of the Communications Act of 1934, as amended, subsequent acts and treaties, and all regulations heretofore or hereafter made by this Commission, and further subject to the conditions set forth in this permit, the permittee is hereby authorized to construct the radio transmitting apparatus herein described. Installation and adjustment of equipment not specifically set forth herein shall be made only in accordance with representations contained in the permittee's application for construction permit except for such modifications as are presently permitted, without application, by the Commission's Rules. See Section 73.875. Equipment and program tests shall be conducted only pursuant to Sections 73.1610 and 73.1620 of the Commission's Rules. Name of Permittee: WAIMEA BAPTIST CHURCH station Location: HI- WAIMEA Frequency (MHz) : 107.3 Channel: 297 Class: LP100 Hours of Operation: Unlimited FcC Form 351A October 21, 1985 Page 1 of 2 Callslgn: NEW permit No.: BNPi,-20131113AYD Transmitter: Type Certified. See Sections 73.1664, 73.1665 and 73.1670 of the Commission °s Rules. Transmitter output power: As required to operate within authorized range of effective radiated power. Antenna type: Non- Directional Antenna Coordinates:, North Latitude: West Longitude: 21 deg 57 min 27 sec 159 deg 40 min 13 sec Maximum Effective radiated power in the Horizontal Plane {watts): 100 Minimum Effective radiated power in the Horizontal Plane (watts): 50 Height of radiation,center above ground (Meters): 34 Height of radiation center above mean sea level (Meters): 44 Freight of radiation -147 :center_above average terrain {Meters): Antenna structure registration number: Not Required Overall height of antenna structure above ground: 31 Meters Obstruction marking and lighting specifications for antenna structure: t is to be expressly understood that the issuance of these specifications is in no way to be considered as precluding additional or modified marking or lighting as may hereafter be required under the provisions,of Section 303(g) of the Communications Act of 1934, as amended. None Required 5pecial operating conditions or restrictions: 1 The permittee /licensee in coordination with other users of the site must reduce power or cease operation as necessary to protect persons having access to the site, tower or antenna from radiotrequency electromagnetic fields in excess of FCC guidelines. FCC Form 351A October 21, 1985 Page 2 of 2 END OF AUTHORIZATION * ** FCC Form 351A October 21, 1985 Page 2 of 2 e We the members of- Wannea Baptist Church app. xov -- f the FCC's the building ___ _ . a low, Power FM station on our grounds and use o call sign of KRKW -Lp and "West Kauai Co n reservation ca gn We also Ra dio" for the station's identification in our communities. authorize the use of our buildings rooms /spaces for the broadcas station studio and any future program Productions studio. We approve and establish this station for the positive commune s iritual betterment and health for Kekaha and Waimea& p pastor Jarnes' C. Merritt nn and Vivi Rose Olen an Hiroko Fujiko Ak amine ►A Exhibit E Letters of Support Memorandum of Understanding EAS Guidelines �. ��.." 'M =y• � � � p7 •�' P? OA � k� R4 Q � m b ao & ° I a N 0 OPI o4 00 CD p1 �. ci O Sp rr� On p W N W N Q O w a to-I' Per CD $�..� g pp �. O� �• O p O a .g. (71 rL rL fm PA • sy ei. f3 O i�. ro PD E a C+P, .n O 5 O ,_, yy cD VOi Fr r°h ifh . Q to C 0 O o.'d cr CD IDA • cD a ' go ° n Er oF a � � n �r �• � F. � � Q ¢' lei q r CD �• ((pp (p a CD 0 Q• pl O R Flo 5y [D '� JQ CD JoRo 9 OA 8 .y a I� v aa� b O x O Der' m 0 ILI F•I w 0 p w b ° a- i i w 1 ww �L 1z �r to a a F a a a a a KRKW-LP values the expertise provided by our partners to strengthen our program and contribute to the accorriplishment of goals. This Memorandum of UnderstandiM (MOU) is a nonbinding agreement that both parties have entered into in good faith to show mutual support of and willingness to work toward the activities, outcomes and goals identified in the agreement_ The MOU in no way restricts either party from participating in similar activities with other public or Private agencies, organizations or individuals- - - - - -- - - - - -- —_ - - -. _ _. _ - - - -. - - - - -- -- - -- __ - - -- _ _ ---- -.._.. _ _ -. ------------- - - - - -- _ ... __ -__ The MOU shall remain in effect until such time that either party requests to reuise it or disassociate from the effort by providing the other party with thirty (301 day written notice- Terms wn.il be reviewed by each party annually_ SPECIFIC ROLES AND RESPONSIMUTIES KRKW -LP agrees to provide a functioning radio station on the West Si elf Kauai, va�ithh pnmarY responsibility to: ® Provide radio time for cultural programming ® Provide radio time for teen programming ® Provide radio time for family programming ® Provide radio time for programming for rek ant issues for fam'Tws of the !Blest Side of Kauai 4 Maintain a community calendar, with announcements for COMmunity events. ® Invite Child & Family Service to speak and contribute expertise on relevant topics ® Invite Child & Family Service to outreach to the Vilest Side of Kauai by providing upcoming events fqr the community calendar. ® Prepare and disseminate an annual progress reports to share outcomes (audience numbers, reports of programs offered, etc.) CHILD AND FAMILY SERVICES — KAUAI agrees to contribute relevant information and expertise including: e Contribute on -air expertise on relevant topics including, but not limited to: parenting, nutrition and SNAP benefits, teen pregnancy prevention, immigrant issues, tobacco treatment, domestic violence, etc. Inform the station of upcoming community events for inclusion in the community calendar. By signing below, both parties agree to the terms outlined in the Memorandum of Understanding (MOU) effective on the date of signature. C. Merritt / President 8 Ike, Child and Family Service — Kauai Signature/Title 04/24/14 Date Gla,� �ti�� � q l Date 3 Emergency Alert System (EAS) http: / /Www.fcc.gov /guides /emergency - alert- system -eas Background The Emergency_Alert System (EAS) is a national public warning system that requires N and radio broadcasters, cable television systems, wireless cable systems satellite digital audio -radio service (SDARS) providers, direct broadcast satellite (DBS) service providers and wireline video service providers to offer to the President the communications capability to address the American public during a national emergency. The system also may be used by state and local authorities to deliver important emergency information such as AMBER (missing children) alerts and emergency weather information targeted to a specific area. How the EAS Works? The Federal Communications Commission (FCC), in conjunction with the Federal Emergency Management Agency (FEMA) and the National oceanic and Atmospheric Administration's National Weather Service (NWS), implement the EAS at the national level. only the President determines when the EAS will be activated at the national level, and has delegated the administration of this function to FEMA. Accordingly, FEMA activates the national EAS, and directs national EAS tests and exercises. The NWS uses the EAS on a local and statewide basis to provide -the public with alerts and warnings regarding dangerous weather and other emergency conditions.. The FCC's role includes prescribing rules that establish technical standards for the EAS, procedures for EAS participants to follow in the event-the EAS is activated, and EAS testing protocols. Additionally, the FCC ensures that state and local EAS plans developed by industry conform to the FCC's EAS rules and regulations. The FCCs goal is to make the EAS capable of distributing emergency information as quickly as possible to as many people as possible. The EAS allows participating providers to send and receive emergency information quickly and automatically, even if their facilities are unattended. if one link in the system for spreading emergency alert information is broken, members of the public have multiple alternate sources of warning. EAS equipment also provides a method for automatic interruption of regular programming, and in certain instances is able to relay emergency messages in languages other than English. Along with its capability of providing an emergency message to the entire nation simultaneously, the EAS allows authorized state and local authorities to quickly distribute important local emergency information. A state emergency manager can use the EAS to broadcast a warning from one or more major radio stations in a particular state. EAS equipment in other radio and television stations, as well as in cable television systems in that state, can automatically monitor and rebroadcast the warning. Additionally, EAS equipment can directly monitor the NWS for local weather and other emergency alerts, which local broadcast stations, cable systems, and other EAS participants can then rebroadcast, providing an almost immediate relay of local emergency messages to the public.