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HomeMy WebLinkAboutNovember 15, 2018 REVISED, REVISED KHRPC Agenda PacketMEETING OF THE KAUA'I COUNTY HISTORIC PRESERVATION REVIEW COMMISSION THURSDAY, NOVEMBER 15, 2018 3:00 p.m. (or soon thereafter) Lihu'e Civic Center, Moikeha Building. MEETING ROOM #2A/2B 4444 Rice Street, Lihu'e, Kaua'i '18 NOV -9 P 3 :22 AGENDA Ti A. CALL TO ORDER,, s-A IJ B. ROLL CALL C. APPROVAL OF THE AGENDA D. APPROVAL OF THE SEPTEMBER 20, 2018 MINUTES E. HEARINGS AND PUBLIC COMMENT - Individuals may orally testify on items on this agenda during the Public Comment Period. Please call the Planning Department prior to the meeting or notify Commission Staff at the meeting site. Testimony shall also be accepted when the agenda item is taken up by the Commission. However if an individual has already testified during this period, additional testimony at the agenda item testimony may be allowed at the discretion of the Chair. Testifiers shall limit their testimony to three (3) minutes, but may be extended longer at the discretion of the Chair. Written testimony is also accepted. An original and twelve (12) copies of written testimony can be hand delivered to the Planning Department or submitted to Commission Staff at the meeting site. F. ANNOUNCEMENTS AND GENERAL BUSINESS MATTERS G. COMMUNICATIONS H. UNFINISHED BUSINE 1. Kilohana Plantation (Wilcox Homestead) TMK: 3-4-005-001, Lihu`e, Kauai Proposed construction of a living room lanai. a. Director's Report pertaining to this matter. November 15, 2018 K.H.P.R.C. Meeting Agenda Page 2 2. Palms, LLC (Douglas Baldwin Beach House) TMK (4) 5-5-002:107, 5242 Weke Road, Hanalei, Hawaii 96714 Proposed conversion of an existing historic dwelling unit into an accessory structure, addition of new decking, and removal of the existing kitchen facilities. Proposed demolition of existing garage associated with existing historic residence. a. Letter (10/9/18) from Ian K. Jung, Belles Graham Proudfoot Wilson & Chun, LLP. b. Director's Report pertaining to this matter. 3. Request (10/16/18) from Max W.J. Graham, Esq., Authorized Agent, to amend the proposed building design for an office and gift shop addition involving Use Permit U-2005-22, Variance Permit V-2005-6, Class IV Zoning Permit Z-IV- 2005-28, Tax Map Key: (4) 3-6-005:005, Lihue, Kauai = Kauai Museum. 4. Discussion on the status of the Certified Local Government. I. NEW BUSINESS J. COMMISSION EDUCATION COMMITTEE K. KAUAI HISTORIC RESOURCE INVENTORY UPDATE COMMITTEE L. HISTORIC PRESERVATION PUBLICITY COMMITTEE M. HANAPEPE BRIDGE REPLACEMENT PROJECT COMMITTEE N. SELECTION OF NEXT MEETING DATE AND AGENDA TOPICS (11/15/2018) O. 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: If you need an ASL Interpreter, materials in an alternate format, or other auxiliary aid support, or an interpreter for a language other than English, please contact Lani Agoot at (808) 241-4917 or lagoot@kauai.gov at least seven calendar days prior to the meeting. RMAIrrFDO B7 98 lul,inOwl e-00 COUNTY OF KAUA'I KAUA'I HISTORIC PRESERVATION REVIEW COMMISSION Mo'ikeha Building, Meeting Room 2A/2B MINUTES A regular meeting of the Kauai Historic Preservation Review Commission (KHPRC) was held on September 20, 2018, in the Mo'ikeha Building, Meeting Room 2A/2B. The following Commissioners were present: Chair Pro Tern Anne Schneider, Althea Arinaga, Lawrence Chaffin Jr., Deatri Nakea, Aubrey Summers and Victoria Wichman. The following Commissioners were excused: Chair James Guerber and Commissioner Gerald Ida The following staff members were present: Planning Department Myles Hironaka (arrived at 3: 09 p.m.), Deputy Planning Director Ka`aina Hull, Shanlee Jimenez, and Alex Wong. Deputy County Attorney Mark Ishmael (arrived at 3: 08 p.m.). Office of Boards and Commissions Administrator Nicholas R. Courson and Support Clerk Sandra Muragin. The following staff members were excused: Deputy County Attorney Jodi Higuchi-Sayegusa Prior to the meeting being called to order, Administrative Assistant to the County Clerk Eddie Topenio administered the Oath of Office to the new Architecture Council Appointee Aubrey Summers, serving a 1st term ending 12/31/20. CALL TO ORDER The meeting was called to order at 3:04 p.m. ROLL CALL Deputy Planning Director Ka`aina Hull: Commissioner Arinaga. Ms. Arinaga: Here. Mr. Hull: Commissioner Chaffin. Mr. Chaffin: Here. Mr. Hull: Commissioner Guerber is excused. Commissioner Ida is excused. Commissioner Nakea. Ms. Nakea: Here. Mr. Hull: Commissioner Schneider. Chair Pro Tem. Schneider: Here. Mr. Hull: Commissioner Summers. Ms. Summers: Here. Mr. Hull: Commissioner Wichman. Ms. Wichman: Here. Mr. Hull: Madame Chair, we have a quorum. APPROVAL OF THE AGENDA Mr. Hull: Next agenda item is approval of the agenda. The Department would recommend, given the amount of members of the public we have present here today, to amend the agenda so that the discussion of the Certified Local Government be placed at the end of the agenda before Agenda Item J. Chair Pro Tem. Schneider: So you need a motion to... Mr. Hull: Motion to approve oh yes, motion to amend. Mr. Chaffin: Second. Ms. Wichman: I'll move to amend. Ms. Arinaga: Second. Chair Pro Tern Schneider: All in favor? (Unanimous voice vote) Motion carried 6:0. Mr. Hull: Motion (sic) has been amended. APPROVAL OF THE JULY 19, 2018 MINUTES Mr. Hull: The next agenda item is approval of the July 19, 2018, minutes. Chair Pro Tern Schneider: Do we have a motion to approve the minutes? Mr. Chaffin: I'll make a motion to approve the minutes. Chair Pro Tern Schneider: And a second? September 20, 2018 KHPRC Meeting Minutes Page 2 of 24 Ms. Summers: I'll second. Chair Pro Tern Schneider: All in favor? (Unanimous voice vote) Motion carried 6:0. HEARINGS AND PUBLIC COMMENT Mr. Hull: Next agenda item is Hearings and Public Comment. This agenda item is for any members of the public who would like to testify on any agenda item at this time. The Chair generally reserves the ability for members of the public to also testify at the individual agenda item, so if you'd like to wait for the individual agenda item, that is acceptable, but if you have to go somewhere, essentially for the members of the public to testify at the beginning of the agenda, now would be the time. Seeing none, Madame Chair. ANNOUNCEMENTS AND GENERAL BUSINESS MATTERS Mr. Hull: There are no announcements. COMMUNICATIONS Mr. Hull: No communications. (Agenda Item) H.1., has been moved to the end of the agenda, so it is I., New Business. NEW BUSINESS 1. Restaurant Kiibo TMK: (4) 3-6-007:024 2991 Umi St., Lihu`e, Hawaii 96766 Proposed demolition of existing restaurant building. a. Director's Report pertaining to this matter. Mr. Hull: And Alex has a report pertaining to this matter. Historic Planner Alex Wong: Aloha, Alex Wong for the record. Mr. Wong read the Director's Report dated September 20, 2018, for the record. (Document on file) Mr. Alan Satta: Hello, my name is Alan Satta. I am (a) co-owner. I am the son of the owner, so that makes me an owner too. I am here on behalf of my dad who has owned Restaurant Kiibo for the past ... over 40 years. During the 40 years that we've been doing business here, we've seen a lot of changes. Times are changing. The way we're doing business is changing, September 20, 2018 KHPRC Meeting Minutes Page 3 of 24 obviously. The whole restaurant business is changing and with that, our building is changing. It's breaking down; there's a lot of stuff that we need to fix, obviously. I don't know if you guys have been or seen our building, but there's a lot of wear and tear, and we would like to revamp it so we can keep up with the times. The first phase we would like is (to) just (fix) the restaurant side. We would like to fix that first, so we would kind of scale back. If you can look at the pictures, (and) this is totally like a rough draft. Obviously depending on cost and stuff, but this is our idea; is to scale back the restaurant side. So we would be on the left side over there (referring to the picture) that would be like the kitchen and we want kind of like a more open feel, so it's more welcoming. We also want to make room for food trucks to be parked outside. So on the right side it'd be open like that, where there'll be a common eating area. There'll also be a little stage with live music and stuff so people can easily come walking in and out, and it would be more walking friendly. Unidentified Speaker: (Inaudible) Mr. Satta: Yes, we need to. Yes, the main problem right now is the roof and they can't fix the roof ...I mean, they can't just only fix the roof right now because it's so damaged that we would have to actually remodel the whole thing. Yes. Chair Pro Tern Schneider: Hello. Okay, just checking the mic. Thank you. Mr. Satta: So that's just the restaurant side. We would keep the Prosser (Realty) building side for now —just the way it is. So we would only remodel the actual restaurant side first. Then depending on our budget and all that, we want to fix the studio side that we have right next door, so we can have like an apartment up there and then eventually move on to the Prosser (Realty building) side. Chair Pro Tern Schneider: Commissioners, any questions for the applicant? Mr. Chaffin: What are your (inaudible) requirements (inaudible)? Mr. Satta: According to the special plan, the Rice Street Planning requirements, it requires a certain amount of biking stalls that will replace parking. So I would have to obviously double- check on that, but I was told that the parking restraints aren't as strict if we install biking stalls. Chair Pro Tern Schneider: And what's before us is the demolition, not the new building at the moment. Mr. Chaffin: I guess my question is — how does this remodeling, or whatever their calling it, fit in with the parking requirements for a restaurant? Mr. Hull: Yes, so what's actually being proposed right now is, I think as Alan (Salta) has pointed out, is they do have plans to reconstruct eventually, but the proposal right now on the table is not the reconstruction; it's just solely the demolition. They don't have the actual plans for reconstruction at this point. When they do have reconstruction plans, of course they will September 20, 2018 KHPRC Meeting Minutes Page 4 of 24 have to be reviewed to meet all building, engineering, electrical, as well as zoning requirements that are including, but not limited to, parking requirements. But right now, as is before this body, is the demolition of a structure that is over 50 years old. So under Hawaii Revised Statutes (HRS) 6E, it does qualify as a historical structure. But ... so that's what your review (is) essentially; is the demolition going to negatively impact this historical structure? And I think, obviously, it will affect the historical structure. But Alex's analysis has broken (it) down that while this is a historical structure under state law, it does not have the historical integrity of the Secretary of (the) Interior's Standards. So there is no historical integrity at this point in the eyes of the Department to preserve, but that is just our own analysis. This is the Kauai Historic Preservation Review Commission and, essentially, the applicant is here to see if you and your position with the (Kaua`i) Historic Preservation Review Commission agree with the Department's assessment, or disagree. And you have the ability and authority to disagree and find that there is significance or there are mitigating factors here, but that ultimately is what the review boils down to. Chair Pro Tem Schneider: Commissioners? Ms. Summers: Having reviewed everything and been in the restaurant (business), I would agree with the Planning Department's assessment. And am happy to hear that you do plan to reestablish something in the location because the fear that I have is this kind of an empty tooth thing happening, you know. Mr. Alan Satta: Right, right. Ms. Summers: Building comes down and nothing else comes up. Mr. Satta: Yes. Ms. Summers: But that has nothing to do with the demolition permit, its just... Chair Pro Tem Schneider: So do we have — Ms. Summers: Thank you. Chair Pro Tem Schneider: —a motion in support of the demolition permit? Ms. Summers: I'll motion in support of it. Ms. Arinaga: I'll second that. Chair Pro Tem Schneider: All in favor? Mr. Hull: So then you definitely have to ask if there's any further discussion. Chair Pro Tem Schneider: Any further discussion? (Hearing none) September 20, 2018 KHPRC Meeting Minutes Page 5 of 24 Mr. Hull: And then also too, Chair, I think we also didn't check if there was any members of the public that hadn't... Chair Pro Tern Schneider: Is there anyone from the public that would like to speak on this application? Seeing no one. Okay, any discussion? (Hearing none) All in favor? (Unanimous voice vote) Is anybody opposed? (Hearing none) Motion carried 6:0. Mr. Hull: The motion passes, Madame Chair. Mr. Satta: Thank you very much. I appreciate it. 2. Kaua`i Museum TMK (4) 3-6-005:005 4428 Rice Street, LYhu`e, Hawaii 96766 Proposed construction of a new bronze statue of King Kaumuali`i and Queen Deborah Kapule. a. Director's Report pertaining to this matter. Mr. Hull: And Alex, I think in the interest of time, because we have a lot of members of the public, if you can somewhat summarize the points, as well as ... we don't necessarily have to go over the Secretary of (the) Interior's Standards (and Guidelines), but maybe the bullet points of what we found to be in keeping or not in keeping. Mr. Wong: Alex Wong, for the record. Mr. Wong read portions of the Director's Report dated September 20, 2018, for the record. (Document on file) Chair Pro Tern Schneider: Thank you, Alex. Mr. Hull: So if I could say, somewhat in a nutshell, that, as Alex pointed out, there's no need to necessarily go over the Secretary of (the) Interior's Standards (and Guidelines) on it because it meets the Secretary of (the) Interior's Standards (and Guidelines). It's on both the State (Historic) and National Register, so we're not going to delve into whether or not it is a historically significant site (because) it is a significant site, (and) we're accepting that. Now, our departmental analysis of it as to whether or not the proposal is negatively impacting the historical significance, there's various levels that you look at as whether or not the new proposed structure has a massing impact, whether it has a silhouetting impact, whether it is in an architectural characteristic that is somewhat going to deter or detract from the historical significance of the structure. And our analysis and finding is essentially that in looking at all those, there is no massing effect considering the size of the statue, there is no silhouetting that could negatively impact, and the proposed design of the statue, in our analysis, will not detract or deter from the integrity of the site or structure, which is why we're ultimately recommending September 20, 2018 KHPRC Meeting Minutes Page 6 of 24 support for the proposal. But before we go into the applicant's presentation or responses, I just want to see if there were any questions that the Commission had for the staff of the Department at this time. Chair Pro Tern Schneider: Has it been cast already? Mr. Hull: Did you have anything for Alex — after giving that report? Chair Pro Tern Schneider: And the applicants. Ms. Maryanne Kusaka: Aloha. Okay, thank you, mahalo. That's about all I know. I know a little bit more. Madame Vice Chair and members of this Honorable Commission, good afternoon and thank you for having us here and for considering our application to do this project. As many of you know, especially if you've been to the museum of late, our museum is moving along with leaps and bounds. And just a short six, seven years ago, we had considered closing part of the week because we just couldn't afford to keep it open. I am so ... I am Maryanne Kusaka. I am the President of the Board of Trustees and I am so proud to say that we have found grants and big support in the community, and community members, and even those outside of the community to help us contribute to programs we have been doing that are, of course, all historical in nature. And what we have tried to do ... Chucky has come on board a year and nine months ago to the museum. We have moved right ahead because Chucky's a very visionary person. What we want to do now is to ... we always have focused on Kauai and Niihau history and now in the main gallery, we are totally focusing on King Kaumuali`i. I invite you to come and see our beautiful cape. The designer of the exhibit space is sitting here today and he will help us work on the statue pro bono. So we are already raising funds for the grant that will support this effort and I'll like to introduce to you our Executive Director Chucky Boy Chock. And he will hopefully introduce the members of the community that have come to support this effort and also our artisan. Mr. Chucky Boy Chock: Aloha mai kakou. A pau Chucky Boy keia a luna o hale Hawaii keiki a Kauai a me Niihau, aloha. It is a great honor to be here. It is with great privilege that we represent Kauai Museum, as we are called to tell the story of Kauai and Niihau as Aunty said. I think our main objective is to educate our keiki here first before we move beyond and further beyond, and I think it's working. We've been sending out historians to the schools and my last count — we just reached 4,000 kids since last year, not counting the schools and summer programs that come to the museum; that's just the outreach. Our goal is to reach 9,000 kids and it's going to be their kuleana to teach their parents, and their aunts, and tutu, you know. So now days, what takes place now ... when they first came last summer, we asked, "who's the last King of Kauai and Niihau?" and they said, "Kamehameha." And now you ask them and they'll say, "Kaumuali`i." So it's working, and we're grateful for our teachers here and even our charter schools. It is beautiful to have our charter schools come to the museum because it gives our visitors that Hawaiian experience. They get to witness that; to see the kids do the protocols of Oli Kahea, permission to come in, as we Oli Komo, and welcome them. So the visitors are a part of this and it's like, they're always asking, "what is this?" and they go, "it's so beautiful." But to September 20, 2018 KHPRC Meeting Minutes Page 7 of 24 see the kids, that is important. Within the last three months, now the kids come as young as preschool to see what we have. They don't understand, but they get to see what our Ali`i wore or what everyday life on Kauai and Niihau (was like); just to see. And so at one time we were only reaching the third and fourth graders and up. Now it's right down to our preschoolers and it's been working and we're grateful. Thank you for this time, allowing us to be here. Chair Pro Tem. Schneider: I was looking, myself, to have a one-man show at the museum in 2005, so I really appreciate the museum. Mr. Chock: Okay, we (will) talk about the statue really quick (and) put it in a nutshell. To find out who (King) Kaumuali`i (was) or what did he look like, there was a challenge. So we went with an expert in that field and we called Honolulu and he was a graphic artist for the Honolulu Police Department for over 30 years, prior to the computer or the techy age. So he was the guy ... you gave him a bone and he would tell you what the arm looked like or the skull, he would tell you what the face looks like; that's what he did. So we called him for advice; how do we get (King) Kaumuali`i... a depiction of him? So this is a depiction of what we ... this is what he said, "Chucky, you have to cross-reference all the stories from (David) Malo, from (Samuel Manaiakalani) Kamakau, and even Jolsten, and just cross-reference; go back and forth and you'll come up with what they describe him to look like." Then he said, "Look at his children," and a description was very fair and more romanus-like, not so Hawaiian with an `upepe nose, that big brown face, you know, that typical Hawaiian; was more slightly different from the normal Hawaiian look. And so he said, "Look at his children, who has that look?" And then so we have renditions of the children, of the two sons. The eldest is (George "Prince" Kaumuali`i) Humehume and the second is Keali`iahonui. Keali`iahonui is the one that looks very Hawaiian, whereas Humehume has a more sharp face, and so we went with that. So the graphic artist, Joe (Aragon), did a rendition and we had our artist here do a rendition and we came together. This took a while to come to the conclusion. So we used his eldest son to get what we believe he may have looked like; that's how we got the face. Now, the important part of this statue, this bronze statue, is we get to use this to educate our kids. Now we're not saying this is what he looked like; we're saying this is a depiction. It parallels Kamakahelei, his mama. Her statue is in front of (Chiefess) Kamakahelei (Middle) School (and) that was a depiction, but they get to tell the story (of) who was this woman? Who was this lady and how great and wonderful she was; that's (King) Kaumuali`i's mama. We're doing the same thing; it's a depiction of him and his favorite wife, Kekaiha`akulou. And for those of you who don't know, that's her birth name. When she became a Christian, she took on the name Kapule and is otherwise known as (Queen) Deborah Kapule. And that was his favorite wife, so that's why we chose her. And I don't know what else to say. Okay, now real quick. I am just helping (to) see this through because the visionary of this project is from Anahola. And I am just going say "Aloha" to Uncle Billy Lemn over here — Billy and his wife, Aunty Luella. They came to the museum one day and said, "We'd like to do a statue at the County building." And then fast forward a week later or two weeks later, he said, "Oh, my daughter said we should go to the museum because they're telling the story." That's when they came to see us and it makes sense because we're already telling that story to our kids and beyond. And it's just the frosting on the cake; that's what it is. So what the statue will do September 20, 2018 KHPRC Meeting Minutes Page 8 of 24 (is) it's going to create patter, its going to be recognized beyond, but most of all, its educational and that is the key component. Okay, so we got the artist, who we thank the lord because he fell into the museum. Anyway, so ... and his name is (Mr.) Chris O'Connor and we've been sharing his resume to people because it's on video. He's done ... okay if you've ever went to (Las) Vegas and if you ever went and saw that big ... hey what's that name of the statue, the one that moves? Caesar's Palace. If you've ever seen Caesar, that's his creation, amongst other things. He's done dinosaurs and stuff like that, but he's here for good. He's here to live for the rest of his life, so it's a great partnership. He is the guy that's creating the bronze (statue). Chair Pro Tern Schneider: Any questions for the applicant? Mr. Chucky Boy Chock: Did I talk too much? You can throw tomatoes, you know. Ms. Wichman: Thank you very much, Chucky Boy and Mayor Kusaka. I really appreciate what you're doing, especially with the educational component. I know there are other statues being built, so I think it's going to be a nice compliment (to) what you've been doing, going into the schools ahead of time and just asking the kids "Who is Kaumuali`i?" And I've been working with kids a long time and when you ask, "Who's Kaumuali`i?" they're going, "What do you mean `who'?" you know, "It's a highway," you know. Mr. Chucky Boy Chock: Very true. Ms. Wichman: Yes, or the fort, Pd'ula`ula. Mr. Chock: `Ae. Ms. Wichman: What they call the Russian Fort. When I had kids there, they would say, or I would ask them (to) tell me about Kaumuali`i, tell me about this place. "Oh, no it's just a place to party and go bathroom, right." Mr. Chock: You're right. Ms. Wichman: And you know I had to tell them, no, this is (King) Kaumuali`i's place, and they're like, "Well we don't know who he is." Didn't you learn it in school (at) Waimea High? "No." So I explained who they were and who he was and I believe that fort, it's actually a super Heiau. It's actually a Heiau. Mr. Chock: `Ae. Ms. Wichman: The Russians... anyway that's another story, but I really appreciate what you're doing. I think this is really, really — Mr. Chock: Thank you. September 20, 2018 KHPRC Meeting Minutes Page 9 of 24 Ms. Wichman: admirable. Mr. Chock: Thank you. Ms. Wichman: Thank you for promoting the story of (King) Kaumuali`i. Mr. Chock: Thank you very much. Chair Pro Tem. Schneider: Any questions? Can we have a motion in support of this application? Mr. Hull: I am going to interject real quickly here. Before we go into the motion and further discussion, I advise that you ask if there's any member of the public that has any testimony. Chair Pro Tern, Schneider: Is there anyone from the public that would like to speak on this application? Mr. Hull: Aunty Maryanne and Chucky Boy, if you guys could take a seat while the members testify. Ms. Kealoha Takahashi: My name is Kealoha Takahashi. I am from the west side, born and raised in Kekaha. I graduated from Waimea High School. I felt it really important for me to ask for your support. I grew up, like you mentioned, not knowing much about King Kaumuali`i and I think that's a really sad, sad, sad, sad story. The only thing that I grew up remembering was King Kamehameha. I went to Kekaha School and the only course that I took of the Ah'i was in sixth grade and, even at that time, nothing was mentioned about King Kaumuali`i. So can you imagine growing up all these years (knowing only) about King Kamehameha until finally, a couple of years ago, I realized that Kauai had a King Kaumuali`i. And I think that's really important, not only for us as adults — I am a kupuna now — but we need to have reminders about King Kaumuali`i and who he was, and what he did for our `aina, and the sacrifices that he made for us. So it's pretty important that our children know who he is so they not like me, a dummy, not knowing that we had an awesome king who ruled Kauai. So I ask for your support on this endeavor, and thank you. Chair Pro Tern, Schneider: Thank you. Is there anybody else from the public that would like to speak? Ms. Luella Hasegawa Lemn: Aloha, to all of you and thank you for considering our proposal. And I just wanted to say that for years my husband would pass the County building and there was nothing Hawaiian and he would always say things to me. Then finally one day, very late in our marriage life, I said to him, "I am tired of hearing this. Why don't you do something?" And so he scribbled. You know, he loves to doodle and draw. So he drew this sketch and then his vision was this was going to go on the county lawn. And after family discussion, it came to the point where, you know, my daughter decided, you know, she didn't want just a statue and neither did I. I wanted someplace that this statue would mean something, that you would have an opportunity to tell a story and what better place than the (Kaua`i) Museum because they have a staff. It's not like it's going to be sitting out there where people pass and not know what is this September 20, 2018 KHPRC Meeting Minutes Page 10 of 24 statue? You know, but they would go in (to the Museum) and there would be people to tell the story of this great king and also always that (King) Kaumuali`i was never conquered, you know, in the regular way that (King) Kamehameha conquered the other islands. So for me, I always see this opportunity that the (Kaua`i) Museum has offered to take on this project and I know that it will be here forever, for generations to come. The thing about it is, you know, I am not from Kauai, you know; I come from another island. So my attachment to (King) Kaumuali`i was not as great as my husband, and the fact that I went to Kamehameha (Schools), (King) Kamehameha meant a lot to me as a ruler, and he didn't have the same feeling. So for him to want to do something that people would know that this island was special, and he always would say that to me; that Kauai is special, you know, it's not just another island. You know there was something significant. And you know that we found in our quest to get people to support us that that was one of the things they said, that people would ask you know about our island. And one of the things that they would always mention is that Kauai was an island that had a king who loved his people so much that he was willing, you know, to let (King) Kamehameha rule this island so that his people would not perish. And I think that this (is a) story that we have to share with other people, especially in today's climate as to all of the activisms that we see going on, I think that one of the things we need to try to promote is not only for our children and for generations to come, but people who come to visit our island, you know. It isn't just this lush green island; there's a history, a beautiful story to tell about the people who live here. And I think if they have (an) understanding of our culture and how we are as a people, perhaps they would not take us for granted because we are part of the United States, you know. It has to do with Hawaiian values, you know — Ha'aha'a. When you're prideful, you have humility, and sometimes, you know, we're not very happy with how our people may react, but perhaps if we understood how they came to this point, then maybe we would be more tolerant, you know, of each other. But mahalo for listening to us. Thank you. Commission Support Clerk Sandra Muragin: Can you please state your name for the record? Ms. Lemn: My name is Luella Hasegawa Lenin and even though I have a Japanese name, my mother is full Hawaiian, so I am half Hawaiian and half Japanese. Thank you. Chair Pro Tem Schneider: Is there anybody else who would like to speak on this? (Seeing none) Commissioners, do we have a motion? Ms. Arinaga: I will. Based on the recommendations and testimonies, I would like to move that we, the Commission, support the proposed construction of the bronze statue, provided that they meet whatever is necessary. Chair Pro Tem Schneider: Do we have a second? Mr. Chaffin: Second. Chair Pro Tem Schneider: Any discussion? (Hearing none) All in favor? (Unanimous voice vote) Anybody opposed? (Hearing none) Motion carried 6:0. September 20, 2018 KHPRC Meeting Minutes Page 11 of 24 Mr. Hull: Motion passes, Madame Chair. 3. 3 Palms, LLC (Douglas Baldwin Beach House) TMK (4) 5-5-002:107 5242 Weke Road, Hanalei, Hawaii 96714 Proposed conversion of an existing historic dwelling unit into an accessory structure, addition of new decking, and removal of the existing kitchen facilities. Proposed demolition of existing garage associated with existing historic residence. (SMA permit?) a. Director's Report pertaining to this matter. Mr. Wong: Aloha, Alex Wong for the record. In the interest of time, I will also encapsulate this review the Director's Report. Mr. Wong read portions of the Director's Report dated September 20, 2018, for the record. (Document on file) Chair Pro Tern Schneider: I see the applicant is here. Ian? (Inaudible) Mr. Ian Jung: Ian Jung and Marc Ventura, the architect of record on behalf of 3 Palms, LLC. Good afternoon, Chairwoman Schneider and members of the Commission. So just by way of project background, I think we're in a unique situation here where we're trying to materialize a preservationist type effort but also allowing for a new use on the subject property. So in my task of trying to find an entitlement path to get here, one of the things I started researching is how we can look at adaptive reuse for this property. The property is on the Registry, the State (Historic) Registry. So in our approach we have to figure out a way to deal with the existing structures that were noted in the registration. So on coming up with a path ... you know I remember as I used to sit and advise this Commission years ago, how can we do this? And one of the interesting briefs I found was through the Historic Hawaii Foundation where they kind of focused on how we can use adaptive reuse to still keep and maintain a historic structure from an architectural visual standpoint, but allow the use to change and be adaptive to a new use so my client can be able to materialize a new residence on this structure. And just to put a little context into why we're going down this path is this particular property is in what we call the Open District, from a zoning standpoint. And because it's only an acre and a quarter, we can only get one dwelling unit allocated to this particular property. So in going forward, we thought well, what can we do to try and maintain the historic character of this structure as the (Douglas Baldwin) Beach House and we came up with the idea of going and doing a conversion to an accessory structure (and) use it as sort of this creative space, but still maintaining the historic characters of the structure. So if you look, and Mark will touch on this, but if you look at the structure now as it exists - and that's the pane, the bottom left pane that's on the board there. There were what is recounted in the Historic American Buildings Survey (HABS) report we prepared for this, as well as the Historic Registration documents, there was two big remodels that occurred; one in what is perceived as 1935, and then one in the `60's. Unfortunately, we went to the Kauai Historical Society and so did our consultant Glenn September 20, 2018 KHPRC Meeting Minutes Page 12 of 24 Mason Architects trying to figure out if there was any pictures from years past in the early `20's and `30's when the structure was in its heyday, but we couldn't find any photo so we only have modern pictures of what exists today. What you see there at the bottom, there's some decking there that is actually Trex® deck which is this modern composite material, it's not actually wood. There with this little, what you would call a gazebo type, one eye over deck. So when we tried to figure out how we could do this because of our constraint for land coverage, we thought well, we would remove the deck, (since) that was an altered feature to the historic structure and take that away. (That would) create a new more plantation style - which is of the time and place when the structure was originally built - to create a new deck entry to it. So our approach to try and deal with this is creating what's on the right down there which is bringing it back to its original... Chair Pro Tem Schneider: So that's not the new structure? That's the renovated... Mr. Jung: That's the proposed renovated structure. Chair Pro Tem Schneider: Do we have any pictures of the new structure? Mr. Jung: Of the main residence? Chair Pro Tem Schneider: Yes. Mr. Jung: The main residence - if you look on the top pane, left hand side - that's going to be the actual new residence that's going to be up there, set back behind the... Chair Pro Tem Schneider: But that's just the plot plan. Mr. Jung: That's just the plot plan. Chair Pro Tem Schneider: We don't have a drawing. Mr. Jung: No, we don't have a drawing with it but we can certainly have it provided. Chair Pro Tem Schneider: Yes, before the Commission takes any action on this I really would like to see... Mr. Jung: Okay. Let me see if I got one in my file. Ms. Summers: Is that relevant to making a determination on this particular... Chair Pro Tem Schneider: Sure, if the new structure is not compatible with the existing structure that's on the (State Historic) Register, because the site is on the (State Historic) Register. Ms. Summers: Okay. Sorry, the site... Chair Pro Tem Schneider: The site is on the (State Historic) Register. September 20, 2018 KHPRC Meeting Minutes Page 13 of 24 Mr. Jung: I do have the exhibit in my packet, which I'll pass around. Chair Pro Tern Schneider: Is that the new house or... Mr. Jung: That is the new residence that will be going up onto the property. Chair Pro Tern Schneider: Is there a reason why it wasn't included? Mr. Jung: When we evaluate how we're going to approach this and the context of how we're going to go with (the) State Historic Preservation Division (SHPD), we actually have conditions we've proposed to negotiate with SHPD in terms of trying to create the likeness of the old structure. But our focus was more on trying to rehab or rehabilitate the existing historic structure that's in the quote, unquote, "curtilage" of the... Chair Pro Tern Schneider: Right. The new structure needs to be evaluated in conjunction, as far as this Commission is concerned. Mr. Jung: Okay. What? That's news to me. You know I've sat on the Commission in the past where new structures were evaluated on their own, because they're new. But how we're going to rehabilitate or restore or potentially demo old structures, the focus was on the actual structure... Chair Pro Tern Schneider: Right. Mr. Jung: On the Registry. Chair Pro Tem Schneider: But the site is on the (State Historic) Register as well. So... Ms. Summers: But if the site is on the Registry then it's the site. That doesn't mean its dictating the new architecture has to look historic. Chair Pro Tern Schneider: No, it doesn't have to but it has to be compatible. We'd like to see it before we give an okay. Ms. Summers: Okay. And compatible is subjective to each one of us. Chair Pro Tern Schneider: In relation, the roofing... Mr. Jung: I can tell the Commission right now that it's not compatible with the more ... from a plantation style standpoint because it is a new structure, although the property is on the Registry. Chair Pro Tern Schneider: Right and... Mr. Jung: It's the structures that were the focus of the nomination. Chair Pro Tern Schneider: Do you think it would still be on the (State Historic) Register if you put the new building on it? September 20, 2018 KHPRC Meeting Minutes Page 14 of 24 Mr. Jung: It would be, yes, because it's the structure that's within there that we're trying to rehabilitate. That is the focus of the Registration. Chair Pro Tem Schneider: You don't think putting a brand new mansion on it would change the way the site looks? Mr. Jung: I don't think it'll change because it's not the landscape. I think if you looked at a designation of a historic place where there's a landscape component, then that's one thing. But here, the focus of the nomination was Criteria C., which the architecture at the time was... Chair Pro Tem Schneider: Vernacular architecture... Mr. Jung: Vernacular, which is your standard. And just for a little more context, if you're familiar with some of the other houses that are on the Registry out in Hanalei, you have the Faye residence, the Sanborn residence, and the Wilcox residence, which they're all ... this is relatively modest compared to those residences with their two story, very beautiful elaborate craftsman style, plantation style homes. So this one was more of a Vernacular approach from an architecture standpoint, with its use as one of like the first vacation type rentals out in Hanalei for... Chair Pro Tem Schneider: I am very familiar. My store is in Hanalei. I've lived in Hanalei 30 years ago, so I am familiar with the site. Mr. Jung: Okay. Chair Pro Tem Schneider: Commissioners, any questions? Have we done any archeology? Mr. Jung: Well that's going to be the next step when we go through — this is the first step as we go through navigating the process. We have to allow — because it's a single residence, you know, we have to allow for the conversion first to be able to go and fill it. And once we go through the Class II Permit process we've specifically conditioned our Class, I am sorry our Class I Zoning Permit to say we got to meet the SHPD requirements, because we're going in for the Class I first to allow for the conversion, followed by the Building Permit approval which, during the course of the Class I Zoning Permit condition prior to Building Permit approval, we have to get SHPD concurrence to it and then we'll jump into doing archaeology. Chair Pro Tem Schneider: And is there a current shoreline setback? Mr. Juniz: There's a current shoreline certification that was done. So we had that done and that was approved, I think in December, sorry January, which than we had our shoreline setback application just get approved and notified to the Commission on the last commission meeting. Ms. Summers: And Alex (Wong) referenced that in his... Chair Pro Tem Schneider: I saw that, but I would wonder if that changed since the flood in April. September 20, 2018 KHPRC Meeting Minutes Page 15 of 24 Mr. Jung: Yes, no, the flood was a mauka event so it doesn't — storms are excluded from the certified shoreline process. Chair Pro Tem Schneider: Just knowing what happened in Hanalei. Mr. Jung: Yes. Just to answer that question if you - and I can show a pane to show that, but in this area the flood zone actually is right outside. And if you look closely on the map, it's noted about a 100 feet before where the new structure is sited on the flood plain. So it's actually not in the flood district and that property did not flood during the historic rain ' 18 event. Mr. Hull: I'll just interject a little bit. I think you know where I am coming from Chair, is we can guide the discussion. I don't think that the shoreline setback issues are not relevant or germane to the issue at hand, but if you can guide the discussion on how the shoreline setback may be particularly germane to historic aspects of it. Chair Pro Tem Schneider: Yes, I just was concerned having been flooded out in Hanalei. Ms. Summers: Well, I just would like to say that I appreciate the efforts to bring the structure back to a more or less elaborate or ... I don't know, I was not very fond of that Trex® deck and that would be what we see from the street, right? We're going to be seeing this building, not the new structure. So when we're on ... when the public is passing by, they're going to see something that is historic. Mr. Jung: That's correct. Yes, the historic structure is along Weki Road, right there. Chair Pro Tem Schneider: But the new structure would be certainly visible from the beach. Mr. Jung: We have ... where if you look on the plan set, we're actually using some existing landscape to mitigate the impact, the visual impact of the structure, not just looking from the beach but also back from the roadway, as well. Ms. Summers: And what is it, over 200 feet from the property line? The beach front property line? Mr. Jung: The shoreline setback is at a 100 foot, but the property is in or the proposed structure is pushed further back another... Ms. Summers: With landscaping between. Mr. Jung: Right. And if you — one of things, you know I've studied this out in Hanalei, and one of the cool things I thought, I think from a historic standpoint, is when they designed a lot of these larger lots, there was no shoreline setback back then when they started building a lot of these residences, particularly with the Faye residence, (and) Sanborn residence. But they allowed for this great front yard with this nice grass expanse before you get to the beach, which I think was telling of the time, not just from coastal hazard standpoint, but also from a visual September 20, 2018 KHPRC Meeting Minutes Page 16 of 24 standpoint where you have this nice lawn in front you, versus pushing the structure right up onto the front... Chair Pro Tem Schneider: Up to the beach, yes. Mr. Jung: So in keeping with that approach, if you look on the site plan you can kind of see how it's in line with that existing residence on the adjacent lot. Chair Pro Tem Schneider: I just have concerns. Mr. Jung: Sure. Chair Pro Tem Schneider: Commissioners? Ms. Nakea: Yes, I appreciate the design of the restoration and getting that gazebo thing and the false wood, and I don't think that... Mr. Hull: Sorry Commissioner the... Ms. Nakea: Oh okay. Yes, I appreciate the new design and the removing of the gazebo, and the false wood deck. I also think that that picture is a structure that is not ostentatious at all in anyway and it looks attractive, and it doesn't seem to have too much contrast to the historic structure that we're looking at. Chair Pro Tem Schneider: That's the... Ms. Nakea: No, yes, but the picture that went around. Chair Pro Tem Schneider: Passed around. Ms. Nakea: Yes. That's the one I am referring to. So I have no problems with these plans. Mr. Jung: Is there a microphone that Mark can use up top there? Mr. Marc Ventura: Good afternoon. My name is Marc Ventura. I am an architect on Kauai (and) fourth generation Kauai resident from Wailua. (I have) been practicing architecture on Kauai since about 1995, I think. And I'd like to say thank you to Chair Schneider and the Commission for letting us come and present this today. Wait, hold on, oh okay, never mind. I'll go over this briefly and I'll just sort of give an overview of the parcel, the lots here. The existing — here's Weke Road, there's the property frontage. So our setback, our 100 foot shoreline, is right here. This is a reflection of the certified shoreline that we recently got approved that Ian had mentioned. So that's about 100 feet. We're probably — the front of the new proposed structure is about 250 feet off of the vegetation and property line. And it does align — I apologize for the imagery because it's pretty light, the print, it's the best we could do on island. So, this is the adjacent property, so you know, Ian mentioned the line, so that's a fairly substantial setback for the newly proposed structure. The existing historic structure sits right here, back on Weke September 20, 2018 KHPRC Meeting Minutes Page 17 of 24 Road. So that is what you will see back there. This image here shows a blow up of the existing structure. Again, it's hard to see, but very lightly here shows the interior layout of the existing structure and the proposed new structure. As was mentioned, I am going to jump down to this image here, that's the existing building. And what we're trying to do is really kind of bring this structure, anyway, back as Ian had discussed, into kind of what I think the intent of the original certified plantation design was. This is an aluminum and I think kind of a clear plexiglass gazebo, the Treks® deck and the lanais. The renovations — the original structure was built in the `20's, there was a 1935 substantial renovation where they enclosed a lanai here. The other substantial improvement was done in the `60's. Although over the years there were, apparently there were some other smaller additions that happened. So what we're — as we looked at this, I think the big overview is on the inside is to create basically a large space. There's a bathroom, existing bathroom structure that we're maintaining and then we're really just going to open up the space. But again, the exterior, we're going to try to bring back what was there. Chair Pro Tem. Schneider: Marc, do we have a picture of that guest house? Mr. Ventura: Well, this is a picture, a view of the exterior here so... Chair Pro Tem Schneider: No, but you have a guest house that you're showing on the plot plan. Mr. Ventura: No, that's a new guest house structure. I don't know if that's in the ... I don't know if that's in the package that Ian sent around... Chair Pro Tern Schneider: No, we... Mr. Ventura: But I don't think we do have that. Anyway, that's a 500 square foot guest house along the lines of the — from a design standpoint - of the new proposed main residence there. So I think, really, the intent for us bringing this back I think we're going to do some reroof, we want to match the corrugated roofing. The windows — the window fenestration although you can't see it all because there's a gate here, but we're basically leaving what's there now. And it appears that these are all the original windows, window frames, I think from the original construction of the `20's. The fenestration over here at this deck area was done later and it differs. So all of it, you know there's kind of a variety of things happening there. There's a slider here now that came in the `60's renovation from what I gather from the reports, so they did open up a sliding window and probably modified the sill condition here, so that was new. When the deck comes off, those windows will probably just be replaced. But again our intent is to match the fenestration and the trim around these windows and replace the windows and then repaint the building. And I think just to touch back on the new design, you know it was really, it's more of a kind of minimalist, I think, interpretation. It's about 2,500 square foot, the foot print. We're fairly limited because of the lot — the Open Zoning requirements. So it's not really a huge house, it's 20 feet to the top of the second story which is really, really low because the roof is flat. But, the intent is really to have it open with glass. It almost won't — I mean the idea was just to kind of let it, kind of... Chair Pro Tern Schneider: So we have this photo rendering, no drawings. September 20, 2018 KHPRC Meeting Minutes Page 18 of 24 Ms. Nakea: Is it this one right here? Mr. Ventura: That is this building from the entry side. Ms. Nakea: Oh, okay. Mr. Ventura: It was on the cover that he passed around. But it's almost 20 feet high to the top, so it's really a low lying structure. It's glass, it's linear, but it's mostly glass, actually, so it's transparent (and) that was kind of the idea of it, to be contemporary. And the color scheme, kind of coming along this, but I do think it'll blend in kind of a contemporary sort of way and it being set back with the palms. And if you look again at that initial image, I really don't — I really don't think that it would be that noticeable from the ocean. I mean I think if you stop and look, you'll see it, but I think you're going to really sense more of the lawn and the landscaping around it. Chair Pro Tern Schneider: I have some concerns. I would love to have the full Commission and possibly defer this until we have the full Commission to review it, if possible. Mr. Hull: I think yes, that's up to the Commission. Ms. Summers: I feel that we're introducing elements that are not germane to the topic. Concerns that are not germane to the approval of this particular application. Mr. Hull: It's... Ms. Summers: Because I would move to approve it as it is. Mr. Hull: Yes, I think there is argument for both sides quite honestly if I could take my department hat and put it on. I believe that there is argument for the proposal that Mr. Jung stated, that given that it's based on Criteria C. in its architectural elements, that there is a position to be stated that regardless of where your site of your new structure, it's not going to impact the architectural features. Which I think would be to your point Commissioner Summers. But to also the Chair's point, there are some in historic preservation that would look and also say that while it is Criteria C., the citing of a structure next to a historically recognized structure may impact it, and I think the Department is supportive of what the proposal is, but I can also see to where Commissioner Schneider is going and saying that, "I can't physically see"... seems like you would like to see a photo rendering of some things like the guest house... Chair Pro Tem Schneider: Yes, and I'd like to see the full Commission, Gerald and Jim, also have some considerations. Ms. Summers: Is that putting a monetary onus on the owner to provide that kind of rendering? Mr. Hull: It is, and ultimately the analysis the Department generally goes for and speaks to is if there are some Commissioners that don't feel they have enough information for them to provide a valid analysis of it ... from not having what you as a Commissioner may discern as adequate information, would you therefore vote in the affirmative or in the negative. And it's essentially September 20, 2018 KHPRC Meeting Minutes Page 19 of 24 up to you on how you as a Commissioner may vote absent that information. So ultimately, if there's a Commissioner saying, "I don't have adequate enough information, I'd like this deferred for the applicants to be able to provide me that information," it's ultimately the applicant's prerogative on whether or not they want to provide that information. The Department has deemed this application acceptable and it's here before this body, but at the end of the day you each sit in your roles of review and your position to take a vote, and as that vote is best obtained from your own analysis and review of the project. So... Mr. Jung: And just if I could chime in here, Chairwoman. You know one of the things - we do have sort of this long road ahead of us where we're staggered on an entitlement path. And one of the things is we're going to have to go through SHPD anyways as we go through this process. So the applicant's preference is to, you know, move this through this body if the body is adequate with what our approach is, to try and ... rather than just demo the structure, come up with an adaptive reuse approach to maintain and rehabilitate this structure. So the applicant would prefer to get some kind of approval today, if possible, so we can move on to the next step as we have various steps to go forward. Chair Pro Tem Schneider: Personally, I have no problem with the existing structure and the adaptive. I have problems relating to the new structure, I just don't see it at the moment. But if the other Commissioners want to make a motion that's... Ms. Summers: Well, I would make a motion to approve as presented based on the fact that the new is not in front of the older building. It will be separated by over 100 feet with vegetation in between and that it will be very minimally viewable from the beach as well because of the vegetation and height of the new building and distance from the beach. Chair Pro Tem Schneider: Is there a second? Ms. Nakea: I second it. Chair Pro Tem Schneider: Any discussion? Ms. Wichman: I just have a little concern because if this is on the National Register then... Mr. Hull: Just a quick correction... it sits on the State, but not the National. Ms. Wichman: The State but not the National. Mr. Hull: Yes. Ms. Wichman: I don't know if I would call this a rehabilitation. What you're doing, it looks to me as a total restoration. A total knock down, rebuild, yes. Mr. Jung: We're actually not knocking down anything. We're removing the Treks® decking which was an unhistoric alteration and then trying to rehabilitate it to what it was in the past. So September 20, 2018 KHPRC Meeting Minutes Page 20 of 24 the remaining... the framing, the siding, everything will remain. But it will be reroofed just to get the roof back up to the par, but the reroofing will match like materials that was in the past. Ms. Wichman: So if someone were to look at this today would it be able to, would it qualify still to be on the State (Historic) Register with all the modifications? Mr. Jung: My opinion would be yes, because it maintains the historic quality of what it was when it was launched. It was launched on to the (State Historic) Register under this appearance on the left hand side in 1987, but if we rehabilitate it to what it was when it was built in the 1920's, then it actually furthers the project back to what it originally was, which actually bolsters more of the architecture of its time and place. Not necessarily use, because the use is converting but of the time and place, it's that Vernacular type of architecture from a plantation style beach house cabin kind of look. Ms. Wichman: Thank you. Chair Pro Tern Schneider: Is there anyone else? Ms. Summers: Well, I would much rather look at the house on the right than the one on the left as I'm going down Weke Road. So I applaud that. Deputy County Attorney Mark Ishmael: You have a motion, second, than a discussion. Chair Pro Tem Schneider: Do you want to vote on it? All in favor? Ms. Arinaga: Is there a second? Ms. Nakea: I seconded. Chair Pro Tern Schneider: I am nay. I am opposed. Mr. Chaffin: No, I am opposed to it. Chair Pro Tern Schneider: Does it pass or what? Mr. Wong: Ka`aina would usually do a roll call vote on this one. Deputy County Attorney Mark Ishmael: Okay, let's do a roll call. Okay we'll take a roll call vote. Althea Arinaga. Ms. Arinaga: For. Mr. Ishmael: Lawrence Chaffin. Mr. Chaffin: Negative. September 20, 2018 KHPRC Meeting Minutes Page 21 of 24 Mr. Ishmael: Deatri Nakea. Ms. Nakea: Aye. Mr. Ishmael: Anne Schneider. Chair Pro Tem Schneider: Nay. Mr. Ishmael: Victoria Wichman. Ms. Wichman: Aye. Mr. Ishmael: Aubrey Summers. Ms. Summers: Aye. Mr. Ishmael: Four Aye's and two Nay's. I believe that passes, made quorum. Mr. Jung: Okay, thank you Commissioners. Just to interrupt, I think I delivered my exhibit packet around, not sure who has it? Mr. Ishmael: There were six votes. Takes five members to do any action. Okay so the motion fails. Mr. Jung: Oh, is it a nine member commission? So just ... I'll give you my sense on what I would advise if the motion fails, than there can be another motion for another action if the Commission wants to take action on. Chair Pro Tem Schneider: Could we have a motion to defer action to the next meeting to represent? Mr. Jung: You have to ask your Counsel on that. Mr. Ishmael: I know you have to have a second. You can raise the motion again, but it has to be a different session, so there's really no need to create a motion to take it to another session; you can't. Once a motion has been voted on, it can't be raised again in the same session. Mr. Jung: So by default it defers? Chair Pro Tem Schneider: It kind of went out the door. So we'll be... Mr. Ishmael: I would look up if it defers automatically. But it could be placed back on the agenda by year end. Chair Pro Tem Schneider: I am sorry. September 20, 2018 KHPRC Meeting Minutes Page 22 of 24 Mr. Ishmael: So you're on to (Agenda) Item J. COMMISSION EDUCATION COMMITTEE Chair Pro Tern Schneider: I don't think we have any reports from them. KAUA'I HISTORIC RESOURCE INVENTORY UPDATE COMMITTEE No updates. HISTORIC PRESERVATION PUBLICITY COMMITTEE No updates. HANAPEPE BRIDGE REPLACEMENT PROJECT COMMITTEE No updates. UNFINISHED BUSINESS 1. Discussion on the status of the Certified Local Government. Chair Pro Tem Schneider: Certified Local Government but Ka`aina has disappeared. Thank you Ian. SELECTION OF NEXT MEETING DATE AND AGENDA TOPICS (October 18, 2018) ADJOURNMENT Chair Pro Tern Schneider: I guess we can adjourn ... since Ka`aina never came back. Ms. Wichman: I am confused about our whole last — I guess we're not supposed to talk. Ms. Arinaga: I thought we're supposed to be (inaudible). We have nothing to discuss? Chair Pro Tem. Schneider: The Certified Local Government, but Ka`aina went away. Mr. Ishmael: Are there any other Agenda items? Chair Pro Tern Schneider: No. September 20, 2018 KHPRC Meeting Minutes Page 23 of 24 Mr. Ishmael: You have to move to adjourn. Chair Pro Tem Schneider: I move that we adjourn, 4:30 p.m. Ms. Wichman: I move to adjourn. Ms. Arinaga: Second. Mr. Ishmael: Okay second. Chair Pro Tem Schneider: Thank you. Chair Pro Tem Schneider adjourned the meeting at 4:25 p.m. Respectfully Submitted, Sandra M. Muragin Commission Support Clerk O Approved as circulated. O Approved with amendments. See minutes of meeting. September 20, 2018 KHPRC Meeting Minutes Page 24 of 24 tr i` a ... 1 I.. 5 Ri 1 :I I LV l 1 m LJ f, HI311IX1 AOAb � I I I ram, _. m a PTOPOBed Cluing ROOISl Lanai for: � sHls woRR why nE�rxREo w «ebb ten.+ M RR �' & M ARCHITECTURE LLC• OR Z.VcMYSNFAnEiOwAHO 0 i [onsr.ualol+ o+ rrels rRaecr RKiiSTEAEb Gaylords at Kilohana ML! AF O DER Mr SURERwyON. r C - RROFFSSIDNAL 15WE ISIO. DE cOMrRUCnow O P. O. BOX 797 AS [IEf"". Iw SE[IIpH Y.rR•1 OE * ARCHrrFCT �2Q87 Kaumualii Highway, Lihue, Kauai, Hawaii , KAPAA, KAUAI, HI 9674b L RULES wD RE ATIDNS a „a,,,, b TNL ROwRO W RRp,LSypEUE EH. Tax Map Key (4th) 3 4-05: 1 Phone: (808) 821-972-7 Fax: (808) 822_9726 DINE[R5. �RCNIFE[TS A p UR Y b eroRs or rcor Hawnu I �k-,� q.s•� f vsx�lryE� iyl '7/in/i7 I�I�ISliitliFrl�1 � Wiwi IZi uO AX/ W YY R♦� E Qy� b;N Cot n: a } i 4ld 8 m v £ c � o m Proposed Living Room Lanai for: Gayloxds at Kx�ohana T M ARCHITECTURE LLC. aR`y,rNo �x+ e, -tL W UNOZI OE SNIE v,Of[, 15T�.�'a� .wu ea uNofn A,, suruvlsaoN. w PERY15IDIr Of [ONSTRf ON 10N41 ; _ G m r C 3-2087 Kaumualii Highway, Lihue, Kauai, Hawaii P. O. BOX 797, KAT'AA, KA UAI, HI 9674�6 r5 S fISNNEO IN �E[,ION �.](� w * �yRp -YEL THE hHp Rf� ,wT,ONE of 1Nf W-0 OE vR0lfS510Nxf FN. N. $IS, b F Tax Map Key (4th) 3-4-05: 1 Phone: (8Q8) 821-9727 Fax: (808) 821-972b vEYo0.5sOf� 1nCF O1 MAwA1.1 T & M ARCHI'TECTURE, LLC. Phone: (808) 821-9727 P. U. BOX 797, KAPAA, KAUAI, HI 96746 Pax: (808) 821-9726 June 20, 2018 Fred Atkins at Kilohana 3-2087 Kaumualii Highway RE: Proposed Livingroom Lanai Addition Lihue, Hawaii 96766 Design Intent Dear Fred: The purpose of this letter is to document the thought process which led to the design decisions involved with the Lanai Addition. With the current use of the Living Room of Kilohana having a bar and live music in the evenings, it became apparent to you that more floor space was needed. The concept of a covered lanai, accessed from the existing balcony doors was determined to be a practical solution. As the architect asked to help, we determined that the character of the 1935 design should be maintained, but disturbed as little as posible. To this end, it was decided to attached a new floor system to the living room foundation wall at the balconies for a seamless circulation to the new outdoor space, but not connect the roof of the new to the existing. The intent here was to allow for the future removal of the lanai addition without causing any in-eparable damage to the existing elements. The next set of decisions involved replicating the design details of the 1935 design into the new construction. The curved exposed eave rafters, roof pitch and brick work column bases were duplicated in the new structure. The result is a front elevation of the whole of Kilohana ha,,6ng one more roof element, consistent with the existing, making it appear as if the covered lanai had always been there. The additional 1290 sq. ft. of outdoor covered floor space is a visually small added element compared to the entire 1935 construction. The 1935 building, when viewed from the right side (Northeast), is somewhat ackward in appearance. The Livingroom wing has a Mansard style flat roof with an extremely tall brick chimney atta(:hed to it to be tall enough to direct smoke away from the two story section of the building beyond. In my opinion, the 26' high ridge of the proposed lanai addition helps mitigate the existing imbalance of the massing of Kilohana. I would go so far as to �3ay that the addition has a positive impact on the existing property and should not be considered a detached structure {since the floors are attached) subject to art increased setback. Sincerel , t Tim Bradley, Authorized Representative T & M Architecture LLC. � � s IOC T 2018 KIA glimpse of Kauai's past... June 18, 2018 Mr. James Guerber, Chair Kauai Historic Preservation Review Commission c/o County of Kauai Planning Department 4444 Rice Street, Suite A473 Lihue, Hawaii 96766 Dear Chair Guerber: We sincerely appreciate your putting Kilohana Plantation on your agenda for June 21, 2018. The following are the reasons for Kilohana's request to build a patio accessible from our main living room. We signed a lease with the Gaylord & Carol Wilcox FL.P at the the end of 1985 and opened Kilohana Plantation to the general public in June of 1986. We have maintained and operated Kilohana for over 31 years. In our lease, we are responsible for the upkeep of the 16,000 sq. ft. main home, along with five other homes and two guest cottages. In order to maintain these dwellings, we need to continually generate profit from our shops, restaurant, luau and our plantation railway. Fortunately, our entities are all producing net income, with the exception of our restaurant. Up until 2011, Gaylord's was a leased entity and we received a percentage rent. At that time, the restaurant called 22 North, was losing a substantial amount of money and it was mutually decided upon that Kauai Kilohana Partners would acquire the restaurant to ensure its continuation and attempt to turn it around. Kilohana changed the name back to Gaylord's Restaurant and was able to control most of the losses. At this time, Gaylord's is, at best, breaking even. Gaylord's biggest financial challenge is the increase in wages, medical insurance and benefits. It is becoming progressively critical to increase revenue in order to pay for the operations and maintenance of the buildings alone. When we took over Gaylord's Restaurant, we made two changes that helped to increase revenue. _ A rOCT 18 2018. rJI P.O. Box 3121, Lihue, Island of Kauai, Hawaii 96766 / ( . . Kim — � n�� KAUAI HISTORIC PRESERVATION REVIEW COMMISSION JUNE 18, 2018 PAGE TWO We added a Gazebo (the architect was Tim Bradley) to the exterior of the courtyard and a working bar in the living room. Both have been extremely well received by our local customers and our visitors. The living room is a very beautiful room, but people tended to take a quick look inside and leave. Since the addition of the living room bar, people have enjoy the ambience and music, and it has increased our liquor sales by 35%. In order to commit to what is needed to make Gaylord's financially viable, we have come to the realization that we need a larger area that could be used as a lounge and for private parties. We've spent over a year working with our architect, Tim Bradley, to create & design a space that would enhance the overall atmosphere of the living room. Mr. Bradley created a roof line that complements the roof lines of the home. He designed the interior of the patio roof to flow seamlessly from living room to patio. We are very confident that the outcome of this addition will be one we can all be proud of. It's been over 26 years since Hurricane Iniki and Kilohana has many serious financial issues to contend with when it comes to the main home and cottages. To redo the roof of the main home and its two cottages, replace the flooring throughout the main home, upgrade a 100-year old water system requires hundreds of thousands of dollars. This addition would enable us to maintain this historic building. As the General Partner of Kauai Kilohana Partners, it is also my responsibility to make sure our 160 employees receive a pay check: every two weeks and my partners get a return on their investment. I have a similar responsibility to our tenants who, combined, represent over 175 additional employees. Kilohana has grown up a lot since 1986. We have added a railroad, Luau, shops, tours, etc. All have been done in good taste and well received. We would sincerely appreciate your support in helping us to make Gaylord's Restaurant a viable entity on Kauai. I sincerely loot; forward to representing Kauai Kilohana Partners at our hearing on June 21, 2018 and answering any questions you may have. Sincerely, Fred Atkins General Partner Kauai Kilohana Partners El, s G s � ,, f f Jf' ._jf. - `�; iy � �. Michael A. Dahilig Director of Planning COUNTY OF KAUA`I PLANNING DEPARTMENT Ka`aina S. Hull Deputy Director of Planning DIRECTOR'S REPORT Kauai County Historic Preservation Review Commission I. SUMMARY Action Required by KHPRC: Consideration of the subject parcel and existing historic structure for proposed living room lanai. H. PROJECT DATA PROJECT INFORAMTION Parcel Location: We Tax Map Kcy(s): (4) 3-4-005:001 Area: 134.12 acres LAND USE DESIGNATIONS & VALUES Zoning: Agriculture (A) State Land Use District: Agriculture General Plan Designation: Agricultural Lessee: Kauai Kilohana Partners Owner(s): Wilcox Family LTD Partnership III. PROJECT DESCRIPTION AND USE BACKGROUND The subject lot of record is located at 3-2087 Kaumuali`i Highway in Lihu`e. The subject lot of record is approximately 34.12 acres (1,486,267 sq ft) in size, and is located on the boundary of Nawiliwili and Puali Ahupua'a, Puna Moku, Kauai Island, Hawaii. It is located within the County of Kaua`i's Agriculture (A) Zoning District, State Land Use Agriculture District, and General Plan Designation Agricultural. The lot of record is located at the Kaumuali`i Highway and Nuhou Street intersection. The adjacent lot to the southwest is the University of Hawaii — Kaua`i Community College campus, and to the north is Grove Farm property, The Kilohana Plantation is located in the Puhi area. H 6440.4. 0 �gCi i 8 ?01f1. JU 9 19 TMK: (4) 3-4-005:001 Tune 21, 2018 Page 2 of 5 EXISTING STRUCTURES & PERMIT HISTORY Based on the information gathered by the Planning Department, the subject building was constructed circa 1935. The residence was originally built on the same site of the Albert Wilcox home, for Gaylord Parke Wilcox (and Ethel Kulamanu Mahelona Wilcox), successor to founder of Grove Farm Plantation, George Wilcox. The residence was designed by architect Mark Potter, AIA, in the English country house style. The residence encompasses nearly 30,000 sq ft and is two-story. Construction cost $75,000 --- the most expensive home built on Kauai at the time. Kilohana, also known as Wilcox Homestead, includes the Gaylord P. Wilcox House and the associated cottage. The two buildings are listed on the Hawaii Register of Historic Places as STHP #30-11-9339. IV. ADDITIONAL FINDINGS Per The Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines far Preserving, Rehabilitating, Restoring & Reconstructing Historic Buildings (Revised 2017): "A new exterior addition to a historic building should be considered in a rehabilitation project only after determining that requirements for a new or continuing use cannot be successfully met by altering non -significant interior spaces. If the existing building cannot accommodate such requirements in this way, then an exterior addition or, in some instances, separate new construction on a site may be acceptable alternatives. A new addition must preserve the building's historic character, form, significant materials, and features. It must be compatible with the massing, size, scale, and design of the historic building while differentiated from the historic building. It should be designed and constructed so that the essential form and integrity of the historic building would remain if the addition were to be removed in the future." V. AGENCY COMMENTS None, VI. EVALUATION In reviewing the proposed project site for historical significance, the following should be considered: 1. The U.S. Department of the Interior, National Park Service, Secretary of the Interior Standards and Guidelines, and the National Historic Preservation Act (NHPA) should TMK: (4) 3-4-005:001 June 21, 2018 Page 3 of 5 be considered when evaluating a property's potential for designation as "historically significant". The U.S. Department of the Interior's four National Register of Historic Places (NRHP) Criteria for evaluation should also be considered to insure that the County of Kauai remains consistent with national standards. Criteria A. That are associated with events that have made a significant contribution to the broad patterns of our history; Criteria B. That are associated with the lives of significant persons in our past; Criteria C. That embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction; Criteria D. That have yielded or may be likely to yield, information important in history or prehistory. 2. Based on the National Register of Historic Places Registration Form, completed by Boone Morrison Architects, Inc. on July 12, 1993, the property was nominated based on the applicability of National Register Criteria C — property embodies the distinctive characteristics of a type, period, or method of construction or represents the work of a master, or possesses high artistic values, or represents a significant and distinguishable entity whose components lack individual distinction. The area of significance is "architecture", the style is classified as a "Tudor Revival with Pacific influences", and the period of significance is circa 1935. The proposed addition of the new living room lanai, as an attachment, is an alteration to the existing historic building. The proposed attachment will result in a change to the visual appearance, design, balance and proportion, and historic architectural character of the existing listed building. Consequently, the addition may have a negative effect on historic property. Mitigation measures and Secretary of Interior Standards and Guidance should be applied to avoid permanent negative effects to the historic integrity of the building. 4. The subject property is also subject to HRS 6E-10 review for concurrence or non - concurrence with the Applicant's determination of effect on historic properties. Per §6E-10(a) Privately owned historic property, "Before any construction, alteration, disposition or improvement of any nature, by, for, or permitted by a private landowner may be commenced which will affect an historic property on the Hawaii register of historic places, the landowner shall TMK: (4) 3-4-005:001 June 21, 2018 Page 4 of 5 notify the department of the construction, alteration, disposition, or improvement of any nature and allow the department opportunity for review of the effect of the proposed construction, alteration, disposition, or improvement of any nature on the historic property. The proposed construction, alteration, disposition, or improvement of any nature shall not be commenced, or in the event it has already begun, continue, until the department shall have given its concurrence or ninety days have elapsed." Per Hawaii Revised Statutes §343-5(a)(4) Applicability and Requirements, "Except as otherwise provided, an environmental assessment shall be required for actions that:.. , (4) Propose any use within any historic site as designated in the National Register or Hawaii Register, as provided for in the Historic Preservation Act of 1966, Public Law 89-665, or chapter 6E". VII. CONCLUSION Based on the information contained in the Report's Findings and Evaluation, the Planning Department concludes that the proposed construction of the living room Ianai may negatively affect the historic aspects of integrity of the existing structure, with respect to design, workmanship, and feeling. VIII. RECOMMENDATION Based on the foregoing evaluation and conclusion, the Planning Department recommends that the Kauai Historic Preservation Review Commission SUPPORT the proposed construction of the living room lanai, provided that the Applicant adheres to the following conditions: 1. Applicant shall construct the proposed building as a "detached accessory building," and adhere to the applicable requirements set forth in the County of Kaua` i Comprehensive Zoning Ordinance. 2. Applicant shall be cognizant of the ten (10) feet minimum setback requirement between the proposed detached accessory building and the existing historic building. Prior to construction, Applicant shall submit the proposed scope of work, building plans, building permit application (if applicable), photos, and 6E submittal form (under "Forms" on SHPD website) to SHPD — Architecture Branch for review. Submittals may be sent via email to DI1NR.lnialce.SHPD(a),hawaii.gov, or mailed to State Historic Preservation Division, 601 Kamokila Blvd. Suite 555, Kapolei, HI 96707. Any outstanding issues with SHPD shall be resolved with SHPD. The Commission is further advised that this report does not represent the Planning Department's final recommendation in view of the forthcoming public hearing process TMK: (4) 3-4-005:001 June 21, 2018 Page 5 of 5 whereby the entire record should be considered prior to decision making. The entire record includes but is not be limited to: a, Government agency comments; b. Testimony from the general public and interested others; and c. The land owner's response. By ALEX WONY Planner Approved & Recommended to Commission: By 2::= 7KA`A1NA . HULL Deputy Director of Planning Date: i ) BELLES GRAHAM PROUDFOOT WILSON & CHUN, LLP ATTORNEYS AT LANV WATUMULL PLAZA MAX W.J. J. GRAHAELLESM, MAX W.J. GRAHAM, JR. 4334 RICE STREET, SUITE 202 DONALD H. WILSON LIHUE, KAUAI, HAWAII 96766-1388 JONATHAN J. CHUN IAN K. JUNG TELEPHONE NO: (808) 245-4705 FACSIMILE NO: (808)245-3277 E-MAIL mail@kauai-law.com September 6, 2018 OFCOUNSEL DAVID W. PROUDFOOT COUNSEL LORNA A. NISHIMITSU Fe&.[ I.D. No. 99-0317663 Mr. Ka'aina Hull VIA HAND DELIVERY Deputy Director of Planning Planning Department County of Kauai 4444 Rice Street, Suite 473 Lihue, Kauai, Hawaii 96766 Re: Class I Zoning Permit Z-74-2019 Kauai Historic Preservation Review Commission Lot 1-13 Weke Road, Hanalei, Kauai, Hawaii Kauai Tax Map Key No. (4) 5-5-002:107 Owner/Applicant: 3 Palms, LLC Dear Mr. Hull: This office represents 3 Palms, LLC, a California limited liability company (referred to as the "Applicant"). A letter of authorization to submit this request on behalf of the Applicant is attached as Exhibit "A". Pursuant to our discussions, the Applicant's proposed Class I Zoning Permit is subject to review by the Kauai Historic Preservation Review Commission, and we request that this matter be placed on the next agenda. The Applicant applied for a Class I Zoning Permit and Shoreline Setback Determination Application to construct improvements on the property. The proposed improvements include: 1) New Dwelling Unit; 2) Guest House; 3) Hot Tub; 4) 6 Foot Wood Fence (not to enter 100' from Certified Shoreline); 5) Outdoor Shower; 6) Conversion of Existing Historic Dwelling Unit to an Accessory Structure (with entry landing); and 7) related site utilities as shown on the enclosed Site Plan (collectively referred to as the "Project"). The proposed Project is located on Weke Road, Hanalei, Kauai, Hawaii, further identified as Kauai Tax Map Key No. (4) 5-5-002:107 ("Subject Property"). {W:/DOCS/28970/1/W0155374.DOCX I H 2- OCT 18 201�' Mr. Ka'aina Hull September 6, 2018 Page 2 The Subject Property is located in the State Land Use Commission ("SLUC") Urban District and in the County -zoned Open District and is allocated only a single density pursuant to the Kauai County Code, Chapter 8, Article 9. The structures on the Subject Property are listed on the Hawaii Register of Historic Places see, enclosed Exhibit 'B"). As such, the Applicant will be requesting a review by the State of Hawaii, Department of Land and Natural Resources, State Historic Preservation Division ("SHPD") in order prepare a mitigation plan for the rehabilitation of the Douglas Baldwin Beach House. Following our discussions and a review of plan sets by your Department, the proposal in the Class I Zoning Permit for the Project is to retire the density of the existing historic dwelling unit. However, in order to retain historic qualities of the structure, the Applicant proposes to preserve the historic character of the Douglas Baldwin Beach House and rehabilitate the main structure. To achieve this approach, the Applicant proposes to convert the existing historic dwelling unit into a creative space by rehabilitating the exterior of the structure, removing the existing kitchen facilities, and renovating the interior. The Applicant proposed the following conditions to the Class I Zoning Permit: 1. Condition No. 1: 'Prior to the issuance of a building permit, the Applicant shall resolve the requirements for the alteration of the existing historic dwelling unit into an accessory structure and the demolition of the existing garage with the State Historic Preservation Division." 2. Condition No. 2: 'Prior to the issuance of a building permit, the Applicant shall obtain a SMA Minor Permit for the demolition of the existing garage as resolved with the State Historic Preservation Division." 3. Condition No. 3: 'Prior to construction of the proposed dwelling unit, the Applicant shall remove the kitchen facilities within the existing historic dwelling unit and convert the existing historic dwelling unit into an accessory structure as resolved with the State Historic Preservation Division." In conjunction with this request and to resolve the noted conditions above, the Applicant caused a draft Historic American Building Survey ("HABS ") see, enclosed draft HABS Report as Exhibit "C") to be prepared to evaluate the existing structure to assist with the compliance with Hawaii Revised Statutes, Chapter 6E, Section 8. {W:/DOCS/28970/1/W0155374.DOCX } Mr. Ka'aina Hull September 6, 2018 Page 3 The Douglas Baldwin Beach House is recognized for its significance to the history, architecture, and culture of Hawaii. The dwelling exemplifies the development of plantation -style beach houses in Hanalei during the 1920s-193Os. Although these types of dwellings were designed as modest vacation homes, the style is strongly influenced by the "camp houses" of plantation laborers and are associated with plantation history in Hawaii. The ubiquitous style is characterized by its simple form, wood construction, wide horizontal girts, symmetrical fenestration, and hipped roof. The Douglas Baldwin Beach House was noted to be historically significant for its association with the history and development of Hanalei as a leisure community during the first half of the twentieth century. The Applicant's goal is to preserve the main structure which is recognized as significant to the architecture of its time. In order to achieve the preservation, the Applicant will remove trex decking and liken its appearance to what previously existed in order for the structure to be recognized as a physical record of its time and place. Although the main structure is proposed to be rehabilitated, the adjacent garage is deteriorating and in poor condition. The adjacent garage is referenced in the Historic Registration Form; however, it is only vaguely mentioned in registration materials. It appears the garage can be considered a non-contributing feature and its removal will not impact the significance of the Douglas Baldwin Beach House. To achieve this approach, we've attached a proposed plan set to illustrate the proposed alternations to the Douglas Family Beach House see, enclosed Plan Set as Exhibit "D"). We look forward to discussing features, finishes, and construction techniques to be incorporated into the rehabilitation of the Douglas Baldwin Beach House. Thank you very much for your attention to this matter and please let me know if you require anything further in this regard. BELLES Sincerely yours, MU Jung IKJ Jgm v Enclosures cc: Mr. Grant Bowen, w/encls. (via email only) Mr. Timothy Archambault, w/encls. (via email only) Mr. Marc A. Ventura, w/encls. (via email only) Mr. Glenn Mason, w/encls. (via email only) {W:/DOCS/28970/I/W0155374.DOCX } EXHIBIT "A" APPLICANT'S AUTHORIZATION I. APPLICANT. Name: 3 PALMS, LLC, a California limited liability company Address: c/o Joseph J. Doerr, Manager 5200 N. Palm Avenue, Suite 404 Fresno, California 93704 Telephone: (559) 486-6000 Email: jdoerr@smdlawgroup.com Ii. AUTHORIZED AGENTS. Name: Ian K. Jung, Esq. Address: Belles Graham Proudfoot Wilson & Chun, LLP 4334 Rice Street, Suite 202 Lihue, Kauai, Hawaii 96766 Telephone: (808) 245-2163 Facsimile: (808) 245-3277 Email: ikina,kauai-law.com Name: Marc A. Ventura, AIA. Address: Marc Ventura AIA, LLC 4202 Rice Street, #102 Lihue, Kauai, Hawaii Telephone: (808) 246-3936 Email: mareamarcventura.com III. PROPERTY. Lot 1-B Weke Road, Hanalei, Kauai, Hawaii Kauai Tax Map Key No. (4) 5-5-002:107 {W:/DOCS/28970/1/WO154579.DOCx ) EXHIBIT "A" IV. AUTHORIZATION. The Applicant hereby authorizes the Authorized Agent to act on the Applicant's behalf and to file and process on the Applicant's behalf any and all applications necessary to obtain governmental permits relating to the Subject Property, including, but not limited to, the following: 1. Building permits, grading permits, use permits, variance permits, zoning permits, shoreline setback determinations, and Special Management Area permits issued by any department, agency, board or commission of the County of Kauai. 2, Permits issued by the Department of Health of the State of Hawaii. Permits issued by the Board of Land and Natural Resources of the State of Hawaii and/or the Department of Land and Natural Resources of the State of Hawaii, including shoreline certifications. 4. Permits issued by the Land Use Commission of the State of Hawaii. 5. Approval before the United States Department of Agriculture, Natural Resources Conservation Service. DATED: G Z I- t APPLICANT: 3 PALMS, LLC, a California limited liability company, La RPH J.1 Manager _2_ {W:/nocsns9aoniwots45r9.00cx i EXHIBIT "B" United States Department of the Interior National Park Service National Register of Historic Places Registration Form This form Is for use in nominating or requesting determinations of eligibility for individual properties or districts. See Instructions In Guidelines for Compratirp National Reg/sfer Forms (National Register Bulletin 16). Complete each item by meriting "x" in the appropriate box or by entering the requested information. If an item does not apply to the property being documented, enter "MLA" for "not applicable." For functions, *tykes, materials, and areas of significance, enter only the categories and subcategodes listed in the instructions. For additional space use continuation sheets (Form 10.900e). Type all entries. X private ® building($) ❑ public -local ❑ district ❑ public -State ❑ site ❑ public -Federal ❑ structure ❑ object Name of related multiple property listing: NA 4. State/Federal Agency Certification Contributing Noncontributing 9 it buildings 0_ n sites n _n _ structures ,fL _objects n Total.. Number of contributing resources previously listed In the National Register As the designated authority under the National Historic Preservation Act of 1906, as amended, I hereby certify that this ❑ nomination ❑ request for determination of eligibility meets the documentation standards for registering properties in the National Register of Historic_ Places and meets the procedural and professional requirements set forth in 36 CFR Part 60. In my opinion, the property 0 meets ❑ does not meet the National Register criteria. ❑ See continuation sheet. Signature of certifying official Date State or Federal agency and bureau In my opinion, the property ❑meets ❑does not meet the National Register criteria. ❑See continuation sheet. Signature of commenting or other official Date State or Federal agency and bureau 1, hereby, Certify that this property is: ❑ entered in the National Register. ❑ See continuation sheet.. [-]determined eligible for the National Register. ❑ See continuation sheet. ❑determined not eligible for the National Register. ❑removed from the National Register. Mother, (explain:) Signature of the Keeper Date of Action EXHIBIT "B" Historic Functions (enter Categories from InSt%, na) Current Functions (enter ,7ories from instructions) nomest; n Seasonal Regi. d ance — gingla n•81 1;pq— Architectural Classification (enter categories from Instructions) (enter foundation _ U00A walls. WnnA - root g * rae other Describe present and historic physical appearance. The Douglas Baldwin beach house is a single story frame house with a corrugated iron hip roof. The house sits on a large, 149' x 4571, ocean front lot, in a corner close to the road and removed from Hanalei Bay. The lot is characterized by an expansive lawn which As fringed by coconut and more recent bread fruit and kukui trees. An ironwood hedge defines the Princeville boundary of the property. The house is rectangular in shape and is double wall in construction. The exterior walls are of 6" vertical planks and the interior walls and ceilings are tongue and groove. A large enclosed lanai, a 1935 addition, characterizes the front of the house. This lanai has jalousie windows on all sides, the result of a late 1960s remodeling. The facade is symmetrical with a centered entry with a small wooden porch in front. The rear wall of the lanai is the original facade of the house. it retains its original character including the two doorways which lead into the original living room (now dining room) and front bedroom, and the 2 x 2 double hung sash windows for each of the rooms. The main body of the house predates 1928. Besides the two front rooms it has a dressing room and sitting room with a bathroom in between. A kitchen wing extends from the rear. All windows are 2 x 2 double hung, with the exception of a sliding window in the sitting room and jalousies in the kitchen and bathroom. A four panel door provides rear entrance/egress from the kitchen. All interior doors are also of four panels. A hip roof garage of similar construction sits on the makai side of the house. It has a sliding lattice door and its windows are double six pane sliding. There have been no recent additions or major alterations to this beach house. Msee continuation sheet Certifying official has considered h ' gnlficance of this property it. relation to otht )ponies: ❑nationally Qstatewide [3locany Applicable National Register Criteria [_—]A ❑ B [ F)C [_—] D Criteria Considerations (Exceptions) FJA ❑ B ❑ C [] 0 F-J E ❑ F OG Areas of Significance (enter categories from instructions) Architecture Entertainment/recreation Period of Significance Significant Dates 79,7N-7gpr; - 1935 Cultural Affiliation Significant Person ArchitectlBuilder Douglas Baldwin irn1onwn State significance of property, and justify criteria, criteria considerations, and areas and periods of significance noted above. The Douglas Baldwin beach house is architecturally significant as an example of a vacation beach house erected in Hanalei during the 1920s and 1930s. Although more modest and on a smaller scale than the beach houses erected by the Fayes, Sanborns or Wilcoxs, it is typical of the genre. Its disproportionately large lanai and simple materials are indicative of the short term recreational function of the house. The house is also significant for its associations with the development of Hanalei as a vacation community during the 1920s and 1930s. This is one of approximately a dozen surviving beach houses to be constructed during this period. A. S. Wilcox gave this property to his bookkeeper, who intended to subdivide it. Instead, however, he constructed this beach house and in turn sold it to Dwight Baldwin. The property remained in the Baldwin family's possession until 1965 when it was sold to the current owner and resident, Imua Forward. The house is also significant for its associations with Dwight Baldwin, who was manager of Alexander & Baldwin's Hawaiian Sugar Company (now Olokele Sugar Company) in Makaweli, Kauai from 1928 until 1942. He was born at Kaluhanui, Maui on January 5, 1894, a third generation Baldwin, son of Benjamin Douglas and Louise Theressa (Voss) Baldwin. He graduated from Punahou in 1913, and began his business career at Hawaiian Sugar company, of which his father was manager for over twenty-five years. In 1920 he moved to Kahuku Plantation, Oahu, and in 1923 became manager of that plantation. He remained in charge of Kahuku until September 1, 1928, when following his father's death, he was named to succeed him as manager of the Hawaiian Sugar Company. ❑see continuation sheet +. ...wt.n muuu�,rynroa� n;ems^wu MEN OF HAWAII 1930 pg Bureau of conveyances 47 Previous documentation on file (NPS): ❑preliminary determination of Individual listing (36 GFR M has been requested ❑previously listed in the National Register ❑previausly determined eligible by the National Register []designated a National Historic Landmark []recorded by Historic American Buildings Survey k ❑recorded by Historic American Engineering Record ff Acreage of property UTM References acre ❑ See continuation sheet Primary location of additional data: State historic preservation office Other State agency ❑ Faderal agency ❑ Local government ❑ University [] Other Specify repository: AIiI I I, I. II I J I' Zone Easting Northing Zone EastingNorthing cW L I I I! I I I DI_I I I I,, { I I I, I i I ❑See continuation sheet Verbal Boundary Description This nomination includes all the peroparty owned by Imua Forward in 1987 as described by the Tax Map Key: 5-5-2.107 ❑ See continuation sheet Boundary Justification This is the portion of the Baldwin Beach House property that retains its itegrity. ❑See continuation sheet 11. Farm Prepartsd BY _ name/title Imua Forward organization NA date AU gu s t g B 7 street & number Box 4" _telephone n�IF—a957 city or town Hanalei Hawaii Zip code 96714 r' 9Y 10 Ny EXHIBIT "C" DOUGLAS BALDWIN BEACH HOUSE 5242 Welke Road Hanalei Kauai County Hawaii PHOTOGRAPHS WRITTEN HISTORICAL AND DESCRIPTIVE DATA HISTORIC AMERICAN BUILDINGS SURVEY National Park Service U.S. Department of the Interior 1849 C Street NW Washington, DC 20240 HABS No. HI-xxx EXHIBIT "C" HISTORIC AMERICAN BUILDINGS SURVEY INDEX TO PHOTOGRAPHS DOUGLAS BALDWIN BEACH HOUSE HABS No. HI-xxx 5242 Welke Road Hanalei Kaua'i County Hawai'i David Franzen, Photographer February 2018 HI-xxx-1 Overall exterior view showing the house and garage. View facing southeast. HI-xxx-2 Exterior oblique view of the southeast and southwest sides of the house, showing enclosed lanai. View facing northeast. HI-xxx-3 Exterior view of the front elevation of the house, showing wood deck and balustrades. View facing east. HI-xxx-4 Exterior partial oblique view of northwest side of the house, showing wood ramp that leads to the kitchen door. View facing southwest. HI-xxx-5 Interior view of the kitchen, showing tongue -and -groove walls and ceiling. View facing east. HI-xxx-6 Interior view of the south bedroom (one of two bedrooms), tongue -and -groove walls and ceiling. Also showing wood -panel door. View facing southeast. HI-xxx-7 Interior view of front lanai showing original exterior windows and entries. View facing northeast. HI-xxx-8 Interior view of front lanai. View facing northwest. HI-xxx-9 Exterior view of the front elevation of the garage, showing horizontal sliding doors. View facing east. HI-xxx-10 Exterior oblique view of the southeast and partial southwest sides of the garage, showing courtyard between the garage and the house. View facing northeast. HI-xxx-11 Exterior oblique view of the rear and northeast side of the garage, showing windows and area between the garage and the east property boundary. View facing north. HI-xxx-12 Interior view of the garage showing the roof framing and horizontal sliding doors. View facing west. DOUGLAS BALDWIN BEACH HOUSE HABS No. HI-xxx (Page 2) Photo Key (Prepared by Mason Architects, Inc.) 3 2 8 �J 1 9 a W 12 77 ,. HISTORIC AMERICAN BUILDINGS SURVEY DOUGLAS BALDWIN BEACH HOUSE HABS No. HI-xxx Location: The Douglas Baldwin Beach House is located at 5242 Wake Road, Hanalei, Kaua'i County, Hawai'i. The property is within the Wai'oli ahupua`a, in the moku (district) of Halele'a on the island of Kaua'i. Wake Road extends along the property's south perimeter, in an east -west orientation. The east and west boundaries are abutted by residential properties and a beach right-of-way along the west fence. The north boundary terminates at Hanalei Beach, located approximately in the center of Hanalei Bay. The coordinates for this property, representative of the approximate center of the building, are latitude 22.204455 and longitude-159.498992. These coordinates were obtained in March 2018 via Google Earth, which uses WGS 1984 datum. There are no restrictions on the release of the locational data to the public. Significance: The Douglas Baldwin Beach House and its adjacent garage are listed on the Hawai'i State Register of Historic Places and have been recognized for their significance to the history, architecture, and culture of Hawai'i. The dwelling exemplifies the development of plantation -style beach houses in Hanalei during the 1920s-1930s. Although these types of dwellings were designed as modest vacation homes, the style is strongly influenced by the "camp houses' of plantation laborers and are associated with plantation history in Hawai'i. The ubiquitous style is characterized by its simple form, wood construction, wide horizontal girts, symmetrical fenestration, and hipped roof. The Douglas Baldwin Beach House is also historically significant for its association with the history and development of Hanalei as a leisure community during the first half of the twentieth century. Description: Dwelling The Douglas Baldwin Beach House and its adjacent garage building are situated at the southeast corner of a large beachfront lot that is approximately 1.3 acres, along Hanalei Bay. The rectangular lot extends north to south and is approximately 149' x 457'. Both buildings are located close to Weke Road, which extends along the south side of the property, although the garage is located approximately 15' to the north of the dwelling. A small courtyard between the two buildings is concealed from the front lawn, by a wood plank fence that is approximately 6' in height. The remainder of the lot is characterized by an expansive lawn that is fringed by coconut palms (Cocos nucifera) and landscaped along the perimeter with 'ulu or breadfruit (Artocarpus altilis), naupaka (Scaevola sp.), kukui trees (Aleurites moluccana) and bromeliads (Bromeliaceae sp.). Portions of ironwood hedges (Casuarina equisetifolia), conceal the east boundary along a beach access right-of-way. An opening is located at the southwest boundary that provides access to the property from Wake Road. There is no driveway or paving, only a small gravel area at the front of the garage. The rural environment surrounding the property primarily includes single-family housing and small-scale commercial buildings. DOUGLAS BALDWIN BEACH HOUSE HABS No. HI-xxx (Page 2) The Douglas Baldwin Beach House is a single -story dwelling, built in the Hawai'i plantation -style. The building has a rectangular footprint, extending east to west, with dimensions approximately 30' x 60'. The overall height is approximately 15'. It has post and pier foundation that is raised about 18" above grade. The crawl space located below the building is concealed with wood lattice that extends around its perimeter. The wood -framed building is single wall construction that is reinforced by an interior horizontal girt. The V x 6" tongue -and -groove planks have an exterior butt joint with a painted sand finish, while portions of the interior walls have a center v-joint. The wood hipped roof has wide overhanging eaves with exposed rafters, a wood fascia, and is covered with corrugated metal roofing. Evenly spaced hurricane hold-downs are located under the eaves, between the rafters. Metal gutters extend around three sides of the perimeter (all but the south side) with downspouts on the north side. A large enclosed lanai characterizes a large portion of the building at the west side. An "L-shaped", elevated wood deck wraps around the north and west sides of the enclosed lanai. Wide steps extend across the entire length of the deck on the north side, while two narrow staircases provide access to the west side. The deck has simplified, wood balustrades and is covered with composite decking. A narrow wood ramp is located off the kitchen at the northeast corner of the building. The ramp has similar wood balustrades, and sides concealed with wood lattice. The overall fenestration pattern is horizontal and irregular. All casings are wood. The enclosed lanai portion of the building has a band of rectangular openings around the upper portion of the walls. These openings are comprised of fixed windows with flanking glass jalousies. Transoms are located above the fixed windows on the north and south sides of the enclosed lanai. The transoms are filled with glass jalousies on the north side and filled with plywood on the south side. A single entrance opening is located in the center of the front (west facing) fagade that has a flush wood door with a transom. An aluminum sliding door is located at the enclosed lanai on the north side. Two -over -two, double -hung wood sash windows are located at the central portion of the dwelling, on the north and south sides. Two -by -two, horizontal sliding windows are also located at the central portion of the dwelling. Both of these window types appear to date to the 1920s construction. Window openings located at the bathroom and kitchen have been filled with glass jalousies, while a single horizontal -sliding aluminum window is located at the southeast corner of the dwelling. A single, side entrance is located off the kitchen on the northeast corner, which has a paneled wood door that appears to date to the 1920s construction. The interior of the dwelling is divided into seven rooms. The enclosed lanai makes up a large portion of the interior at the west side of the building. The east wall of the enclosed lanai appears to be the exterior wall of the 1920s construction. This wall has two -over -two, double -hung wood sash windows located at each end of the wall. Two bedrooms are located off the enclosed lanai, each with their own small storage room that flanks a Jack -and Jill bathroom between. The kitchen is located off the northeast corner at the rear of the dwelling. Although sheathing changes and alterations have been made, the majority of interior finishes are 1" x 6" tongue -and -groove planks for floors, walls, DOUGLAS BALDWIN BEACH HOUSE HABS No. HI-xxx (Page 3) and ceilings. Interior walls are reinforced by horizontal girts, and openings have wide casings with thresholds. Interior doors are a mix of paneled and flush wood doors. Known Alterations: The dwelling appears to have various alterations, however without historic design drawings or photographs, the exact date and succession of these changes cannot be determined. The National Register (NR) Nomination Form states that the first known renovations included the extension and enclosure of the large west -facing lanai in 1935. A set of wide concrete steps are extant underneath the current lanai. As assumed by the NR Nomination, it is likely that the initial lanai was open. Based on historic tax information, it appears that no additions were made to the dwelling after 1938. The total area of both the house and garage shown in the 1938 tax records, match the present-day recorded area, with the house at 1128 square feet and the garage at 720 square feet. Window openings along the east side of the dwelling have an irregular fenestration pattern that differs from the central portion, where the majority of historic windows are located. The east side windows also have different casing and window types. Even though it is possible that the original windows were replaced with aluminum and glass jalousies, the size of the openings themselves and their location are not characteristic of an early twentieth-century plantation -style dwelling. It is appears that the openings on the east side were added later, possibly when the bathroom and kitchen were renovated. The overall footprint with the kitchen extension is not characteristic of 1920s- 1930s plantation -style dwellings, which were typically rectangular or square. There is no historic documentation or evidence to confirm that the kitchen was added later, however the material changes together with the incompatible window opening indicates that the kitchen was altered at some point. This was likely done during the 1935 renovation. The interior floor of the kitchen has an abrupt material change that runs perpendicular to the flooring about half -way into the kitchen. The central portion of the interior has multiple material and joinery style changes at the walls and ceilings. It is likely these changes are either due the alteration of interior space or replacement of deteriorated elements. Several of the historic wood panel doors, located at the interior, have been replaced with wood flush doors. The National Register Nomination Form notes that the glass jalousies and sliding doors were added to the enclosed lanai during a renovation in the 1960s. Historic tax records do show that improvements were made to the dwelling and the lanai specifically in August, 1959. Based on these records, it is likely that these improvements were made in 1959. The kitchen and bathroom appear to have been modified by the addition of updated, flush wood cabinetry and appliances. The date of the kitchen and bath renovation is could not be determined. Remaining alterations include, the addition of the L-shaped open deck that wraps the northwest corner of the dwelling, and the addition of a wood access ramp off the kitchen door. DOUGLAS BALDWIN BEACH HOUSE HABS No. HI-xxx (Page 4) Garage The single -story garage was built at the same time as the house and constructed in a similar manner. The building has a rectangular footprint, extending north to south, with dimensions approximately 27' x 33'. The building has a concrete slab foundation and is framed in wood. The garage is also single wall construction that is reinforced by an interior horizontal girt. The 1" x 6" tongue -and -groove planks have an exterior butt joint with a painted sand finish, while portions of the interior walls have a center v-joint. The wood hipped roof has wide overhanging eaves with exposed rafters, a wood fascia, and is covered with corrugated metal roofing. Metal gutters extend around the perimeter with downspouts on the south side. An enclosed outdoor shower is located at the southeast corner of the building. A wood -framed pent roof that is covered with corrugated polycarbonate, is attached to the building and shelters the enclosed shower area. The shower is concealed by a wood plank fence that is approximately 6' in height. The overall fenestration pattern is horizontal and all casings are wood. The majority of windows are rectangular openings filled with three -over -three, horizontal -sliding wood sash windows that are covered with framed screens. The rectangular opening at the front (west facing) fagade has been filled with plywood. The remaining windows consist of three -over -three awning windows with framed screens. One of these windows, at the southwest corner, has been filled with plywood. Three single paneled wood doors are located at the south fagade. A large rectangular opening is located at the front fagade, and has two, large horizontal sliding wood doors that hang on a metal sliding track. The wide - framed doors are divided in half. The upper portion of the doors are wood lattice that is backed with a clear acrylic sheet, while the lower portion is tongue -and - groove. The interior of the garage is divided into two portions. The north side is a storage and work area with an open ceiling. The interior walls are covered with woven lauhala and the floor is concrete. The east side is further divided into four rooms with a closed ceiling. The central room is a living space with a small office, bathroom, and additional storage located off the south side, leading to a courtyard that is shared with the dwelling. The interior walls are covered with woven lauhala and the floor is concrete. Known Alterations: As with the dwelling, alterations to the garage cannot be confirmed with historic drawings or photographs. The majority of the exterior appears to be historic with a few exceptions. The upper portion of the sliding garage doors appears to have been replaced with wood lattice. The original material is unknown. The fenestration pattern is regular and extant windows appear to be historic. The multi -light horizontal sliding windows closely resemble the historic windows at the central portion of the dwelling. Only a couple of the historic wood -framed screens have been filled with plywood and painted. The interior of the garage also has multiple material and joinery style changes at the walls and ceilings. It is likely DOUGLAS BALDWIN BEACH HOUSE HABS No. HI-xxx (Page 5) these changes are either due the alteration of interior space or replacement of deteriorated elements. History: Hanalei Overview The town of Hanalei is located on the north coast of Kaua'i Island, along Kuhio Highway (State Route 560), and close to where the Hanalei River empties into the sea. The terrain at Hanalei is flat coastal floodplain at the mouth of Hanalei Valley, grassland and marsh with some wooded areas. In the pre -contact period, the wetland areas near the present town of Hanalei most likely supported large populations, due to their suitability for taro cultivation.' Hanalei's main crop transitioned from taro to rice in the 1850s, and by the time of annexation (1898) Hawaii was third in rice production in the United States, behind Louisiana and South Carolina.2 As rice production reached it's heyday in the early twentieth century, Hanalei experienced an influx of leisure development that catered to the island's Caucasian elite.3 The earliest of these vacation dwellings had been built in the late nineteenth century along Wake Road, but between 1910 and about 1935 a number of beach dwellings were built in the area by wealthy Kaua'i families for use as vacation homes and primary residences, mainly along Weke Road." During the 1920s and 1930s the infusion of capital into the community from affluent vacationers prompted various business development and subsequent construction. By the early 1950s, buildings lined Kuhio Highway and Weke Road, with others scattered along their connecting streets. Today, taro cultivation has taken over former rice fields, and tourism is a major economic factor for the town. Site Overview The Douglas Baldwin Beach House and its associated oceanfront property had been a portion of Royal Patent Grant 6461, Land Court Award 597 granted to T.C.B. Rooke.5 The land had previously been offered to Joel Deadman by Governor Kaikioewa in 1834, on the condition that the land be cultivated with sugarcane and that an accompanying mill was built with lumber supplied by Kaikioewa. Deadman did not fulfill the conditions of the offer, so the associated land was granted to Dr. T.C.B. Rooke in 1842. The property had not been a portion of any kuleana claim or award. Mahele records indicate that the area north of Weke Road was designated as an uninhabited beach area prior to Land Court Award 597. Hawaii Registered Map 1833 shows the property as portion of 1 Mason Architects. "Hawai'i Statewide Reconnaissance Level Architectural Survey: Phased." Hawaii State Historic Preservation Department (SHPD). Honolulu: 2017. ' Joyner, Brian D. Asian Reflections on the American Landscape: Identifying and Interpreting Asian Heritage. United States Department of the Interior. Washington DC: National Center for Cultural Resources. 2005. 3 Coulter, John Wesley, and Chee Kwon Chun. Chinese Rice Farmers in Hawaii. Honolulu: University of Hawaii. March, 1937. Q Forward, Imua. "Douglas Baldwin Beach House." National Register of Historic Places Nomination Form. United States Department of the Interior, National Park Service. County of Kauai. August 1987. 5 Land Commission Award 597. Kingdom of Hawaii Land Documents. May 3, 1851. Honolulu: AVA Konohiki, University of Ham!'! - Manoa Campus, KamakakOokalani Center for Hawaiian Studies. Accessed March 1, 2018. DOUGLAS BALDWIN BEACH HOUSE HABS No. HI-xxx (Page 6) land owned by T.C.B. Rooke in 1897, 1911, and 1913.E Establishing that Rooke owned the land until at least 1913. The National Register of Historic Places Nomination Form for the property states that William N. Stewart acquired the property from Albert S. Wilcox sometime around 1917.' However, no records were located to confirm the transfer of title from Rooke to Wilcox, who purportedly owned the land prior to Stewart. Land Court Application 932 (Map 1), dated April 19, 1928, describes the boundaries of the neighboring property, but also includes the footprint of both the house and the garage surveyed in this report and annotates them as owned by W.N. Stewart.8 Albert S. Wilcox was from a prominent missionary family, who had been in the eighth company of missionaries to Hawai'i for the American Board of Commissioners for Foreign Missions. The Wilcox Family obtained fee simple title to the property for Wai'oli Mission, where A.S. Wilcox lived until 1877. He worked as the manager of Hanama'ulu and L-ihu'e Plantations, and by 1899 had complete ownership of the Princeville Plantation.9 In 1899, Albert and his wife Emma built their home on Hanalei Bay, which is also listed on the Hawai'i State Register of Historic Places. William N. Stewart is reported to have been the business accountant for Wilcox." A newspaper announcement in The Garden Island, dated February 15, 1921, declared that Letters of Testamentary were being announced as part of Wilcox's will following his death in 1919, with W.N. Stewart is listed as a beneficiary in the announcement." It is possible that the property was either a gift or inherited from Wilcox. It appears that the Stewarts were also considered among Kaua'i's social elite. Multiple Garden Island articles from the 1920s detail their extensive business and community involvement on Kauai. Mr. Stewart was reported as being the treasurer for the Lihu'e Union Church and often associated with the Wilcox, Rice, and Sloggett families.12 Mrs. Stewart was a member of the Mokihana Club, which contributed to the establishment of the Kaua'i Library Association, public health and nursing programs, garden clubs, and beautification projects. The construction of the house is attributed to Stewart. The Land Court Application 932 (Map 1) confirms his ownership of the property by 1928 and tax records confirm that the house and the adjacent garage were built in 1928.13 Although it has been reported that the buildings pre -date 1928, County of Kaua'i tax field books document the 1928 construction date on multiple pages. The first s Hawai'i Department of Accounting and General Services. "Registered Map No. 1833: Hawaii Territory Survey - Map of Hanalei, Kaua'i." Honolulu. 1893, 1011, 1913. 7 Forward, Imua. "Douglas Baldwin Beach House." National Register of Historic Places Nomination Form. United States Department of the Interior, National Park Service. County of Kauai. August 1987. s Hawai'i Department of Accounting and General Services. "Land Court Application 932." Honolulu. April 19, 1928. Accessed March 1, 2018. 9 Dorrance, William H., and Francis S. Morgan. Sugar Islands, The 165-year Story of Sugar in Hawaii. Honolulu: Mutual Publishing. 2000. 10 Forward, Imua. "Douglas Baldwin Beach House." National Register of Historic Places Nomination Form. United States Department of the Interior, National Park Service. County of Kauai. August 1987. " "Letters of Testamentary" The Garden Island. Ll u'e. September 23, 1919. iz "Annual Meeting of Lihu'e Church Held", The Garden Island, January 31, 1922. p.2 13 Hawai'i Department of Accounting and General Services. "Land Court Application 932." Honolulu. April 19, 1928. DOUGLAS BALDWIN BEACH HOUSE HABS No. HI-xxx (Page 7) tax records (1938) report the age of the structures as ten years old.14 Douglas E. Baldwin is listed as the owner of the property in the 1938 tax records, no previous tax records showing ownership were found. A 2017 report prepared by ASM Affiliates, mentions that the house was renovated in 1935, enclosing the large west -facing veranda; though no sources were cited.15 Tax records pre- dating 1938 were not available to confirm the renovation. Although a number of alterations and improvements to the buildings were observed, no record of improvements were found in the tax field books. Only small increases were noted to improvements for the following years; 1952, 1956, 1959, and 1983. Land Court Application 1837 (Map 1) was filed on August 27, 1963 by applicants Douglas E. Baldwin and his wife Kathryn, defining the boundaries of the property. The map shows both the house and garage as the only buildings on the property, which was approximately 2.8-acres at the time. Hedges are annotated along the east and west boundaries, in addition to fences along the north and south boundaries." Douglas E. Baldwin was born on January 5, 1894 in Kaluanui, Haiku, Maui. His career in the commercial sugar industry began shortly after his graduation from Punahou School in 1913, when he was employed as a loading luna (foreman) for the Hawai'i an Sugar Company in Makaweli on the island of Kaua'i. Seven years later in 1920, Baldwin moved to O'ahu where he took over as manager for the Kahuku Plantation Company. Following the death of his father in 1928, Baldwin resigned from Kahuku Plantation and moved back to Kaua'i where he inherited the position of manager for the Hawaiian Sugar Company, an occupation his father held for the preceding quarter of a century. Douglas Baldwin served as plantation manager until 1942.17 The Baldwin family retained ownership of the property until 1965 when it was sold to Charles H. Forward. The title history indicates that ownership of the property then transferred to Charles H. Forward, Jr. in 1982.18 Redesignation of Land Court Application 1837 (Map 2), dated December 28, 1987, subdivided the property into two lots and accounted for erosion of the beachfront boundary. The portion of the property (TMK: (4) 5-5-002:107) containing the house and garage was reduced to approximately 1.3 acres.19 In 1988, the property was listed on the Hawai'i State Register of Historic Places, resulting in the tax exemption reflected in the records. 14 County of Kaua'i Department of Budget and Fiscal Services. "Tax Maps Branch History Sheet I Field Book Sheets." (TMK [(4)-5- 5-002:107)] Kauai: Real Property Assessment Division, 1938-1988. 15 ASM Affiliates. "Archeological Due Diligence Report". Kailua-Kona: Cades Schulte, November 7, 2017. la Hawai'i Department of Accounting and General Services. "Land Court Application 1837 — Map 1:' Honolulu. August 9, 1963. 17 ASM Affiliates. "Archeological Due Diligence Report". Kailua-Kona: Cades Schulte, November 7, 2017. 18 County of Kaua'i Department of Budget and Fiscal Services. "Tax Maps Branch History Sheet I Field Book Sheets." (TMK [(4)-5- 5-002:107)] Kauai: Real Property Assessment Division, 1938-1988. 19 Hawai'i Department of Accounting and General Services. "Land Court Application 1837 — Map 2." Honolulu. December 28, 1987. DOUGLAS BALDWIN BEACH HOUSE HABS No. HI-xxx (Page 8) Sources: "Annual Meeting of LThu'e Church Held", The Garden Island, January 31, 1922. p.2 Accessed March 1, 2018. ASM Affiliates. "Archeological Due Diligence Report". Kailua-Kona: Cades Schutte, November 7, 2017. Beechert, Edward D. Working in Hawaii, A Labor History. Honolulu: University of Hawai'i Press, 1985. Coulter, John Wesley, and Chee Kwon Chun, Chinese Rice Fanners in Hawaii. Honolulu: University of Hawai'i. March, 1937. County of Kaua'i Department of Budget and Fiscal Services. "Tax Maps Branch History Sheet / Field Book Sheets." (TMK [(4)-5-5-002:107)] Kauai: Real Property Assessment Division, 1938-1988. County of Kaua'i Department of Budget and Fiscal Services. "Owner and Parcel Information." (TMK [(4)-5-5-002:107)] Kaua'i: Real Property Assessment Division: http://www.qpublic.net/hi/Kaua'i/. Accessed February 25, 2018. Dorrance, William H., and Francis S. Morgan. Sugar Islands, The 165-year Story of Sugar in Hawaii. Honolulu: Mutual Publishing. 2000. Forward, Imua. "Douglas Baldwin Beach House." National Register of Historic Places Nomination Form. United States Department of the Interior, National Park Service. County of Kaua'i. August 1987. Hawai'i Department of Accounting and General Services. "Land Court Application 932." Honolulu. April 19, 1928. Accessed March 1, 2018. Hawai'i Department of Accounting and General Services. "Land Court Application 1837 — Map 1." Honolulu. August 9, 1963. Accessed March 1, 2018. Hawai'i Department of Accounting and General Services. "Land Court Application 1837 — Map 2." Honolulu. December 28, 1987. Accessed March 1, 2018. Hawai'i Department of Accounting and General Services. "Registered Map No. 1833: Hawai'i Territory Survey - Map of Hanalei, Kaua'i." Honolulu. 1893, 1911, 1913. Accessed March 1, 2018. Hawai'i State Archives photo collection. Aerial photos in folders PPA-28-5, #K-3- 17, January 19, 1951, and PPA-30-8,#lCC132, January 15, 1965. Hibbard, Don J. Buildings of Hawaii. Charlottesville, VA: University of Virginia Press. 2011. DOUGLAS BALDWIN BEACH HOUSE HABS No. HI-xxx (Page 9) Joyner, Brian D. Asian Reflections on the American Landscape: Identifying and Interpreting Asian Heritage. United States Department of the Interior. Washington DC: National Center for Cultural Resources. 2005. Land Commission Award 597. Kingdom of Hawaii Land Documents. May 3, 1851. Honolulu: AVA Konohiki, University of Hawaii - Manoa Campus, Kamakakuokalani Center for Hawai'ian Studies. Accessed March 1, 2018. "Letters of Testamentary" The Garden Island. LThu'e. September 23, 1919. Accessed March 1, 2018. Mason Architects. "Hawai'i Statewide Reconnaissance Level Architectural Survey: Phase 1." Hawai'i State Historic Preservation Department (SHPD). Honolulu: 2017. "Mr. and Mrs. W.N. Stewart Entertain Friends", The Garden Island. Lihu'e. April 11, 1922. p.2 Accessed March 1, 2018. Riznik, Barnes. "From Barracks to Family Homes," Hawaiian Journal of History 33:1999. pp. 136-9. Wilcox, Carol and Don Hibbard, "National Register of Historic Places Nomination form, Hanalei Pier." (Washington DC: US Department of the Interior, National Park Service). April 1979. Historian(s): Trina DeNuccio, Architectural Historian, Mason Architects, Inc. March 2018. Project Information: This report is meant to serve as mitigation for a property listed on the Hawai'i State Register of Historic Places. Since it is identified as a historic property whose significance has been established, work on the property would potentially result in the following effect determination: "Effect, with agreed upon mitigation commitments" (HAR 13-284-7). The Hawaii State Historic Preservation Division (SHPD) can accept this commitment or ask for additional mitigation. The project scope has not yet been determined, nor submitted to SHPD for review. The report was prepared by Mason Architects, Inc. under contract to Peak Projects, LLC. The field work for this report was conducted in February 2018, and the initial report prepared in March 2018. The report was finalized in TBD 2018. DOUGLAS BALDWIN BEACH HOUSE HABS No. HI-xxx (Page 10) Location Map (U.S. Geological Survey 2013, Hanalei) .ram _-•+:,yA+�l` Mak,Owa Pont Hariafai [leach' s Park H#naki Uanding YtY Pohl ft3 Pon Fes. } td11T` Af El BAbY Hane3s>a'lxavil ,"-A � �r V sidii -f DOUGLAS BALDWIN !8 BEACH HOUSE _ r Ha DOUGLAS BALDWIN BEACH HOUSE HABS No. HI-xxx (Page11) Site Plan (Prepared by Mason Architects, Inc.) HANALEI BAY BEACH ACCESS ✓� f O `` HISTORIC AMERICAN BUILDINGS SURVEY SEE INDEX TO PHOTOGRAPHS FOR CAPTIONS HABS No. HI-xxx-3 HISTORIC AMERICAN BUILDINGS SURVEY SEE INDEX TO PHOTOGRAPHS FOR CAPTIONS HABS No. HI-xxx-4 HISTORIC AMERICAN BUILDINGS SURVEY SEE INDEX TO PHOTOGRAPHS FOR CAPTIONS HABS No. HI-xxx-5 HISTORIC AMERICAN BUILDINGS SURVEY SEE INDEX TO PHOTOGRAPHS FOR CAPTIONS HABS No. HI-xxx-6 HISTORIC AMERICAN BUILDINGS SURVEY SEE INDEX TO PHOTOGRAPHS FOR CAPTIONS HABS No. HI-xxx-7 HISTORIC AMERICAN BUILDINGS SURVEY SEE INDEX TO PHOTOGRAPHS FOR CAPTIONS HABS No. HI-xxx-8 HISTORIC AMERICAN BUILDINGS SURVEY SEE INDEX TO PHOTOGRAPHS FOR CAPTIONS HABS No. HI-xxx-9 HISTORIC AMERICAN BUILDINGS SURVEY SEE INDEX TO PHOTOGRAPHS FOR CAPTIONS HABS No. HI-xxx-10 HISTORIC AMERICAN BUILDINGS SURVEY SEE INDEX TO PHOTOGRAPHS FOR CAPTIONS HABS No. HI-xxx-11 HISTORIC AMERICAN BUILDINGS SURVEY SEE INDEX TO PHOTOGRAPHS FOR CAPTIONS HABS No. HI-xxx-12 EXHIBIT "D" LLJ 0yilry�j �h`t � Itl C t OC) ( 1 LU 0LLJ U a _ t p w +G`A4 �aIY t I a IF CD CD cn VF A( 1 fyvr ���p1 f .1 77 a n i err +?I lu 9E6E9ffi 808 xed g;Ca Me 99Z 808 :auoyd 99L96 !,eneg'an4!l Is aa!a zaz9 E _ O'TI'VIV'VdnJ.N3A OdVN dap LL; g 9 r I rVPP \' -- ---- 1, I LOl ZO-5-5171NN1 IH'I.VnVH 'V3l3]VH'13 IVNVH OV06 3N3M Z7Z5 Em Set 9E6E99Z646 =f [[i 996E 99Z E08 :... qd & "3 99061..-M any" 8€{ Is .1m ZOZ9 gj t 5 vIV'vanlN3nnavw 401 °ZO-9-9 MA VU IH'I.VnVH 'V3l3-1VH'I3]VNVH OVOa 3N3M Z7Z5 m 5 zo. Di LL � - - aI °aW mF F ] 1� 9E6E 99Z BOB 'xed gv4 L06 gN4VH E6E99ZB- :auoyd99L96!,eneN'an4!l IH'I.tlf1asa=!a zaz9 'tl3l3ltlH '1� 011'Vltl'vviN3A0?JVW aV0a 3N3a i i � L I I i W� �NI LOd ZO-5-5 (71NW1 m z IH 1,vnVH e 'V3l3lVH'13lVNVH ut HVOa 3N3M w Z7z5 E$f MOM BOB'*ej 9E6E ",,Be :auo4d 99L96 i.-',-n4n .us a=!a zoz9 t8 i 3ll'VIV'VN(llN3A 3aVW i I i i 14, I ��r .gyp �I•. 1 {{ c p ..41,30F,ryi I. —IMY yt I {-- {u . IJ I. I 9� f LP Ix yeU'I 5 Yf 1{ it i i LOl ¢O-S-S 171NW1 00 IH'I.VnVH 'V3l3lVH' 13�VNVH c Q aw OVO8 3N3M Z7ZS g 9E6E 99Z 908 'rej '383 MC 99Z 808 :aunyd 99Z96leneN'an4!l is any MY = � ? 311'VIV'VHn I N3A 06VW DE 99c9s! soar �aoy!� 011'VIV'vaniN3A MJVW LN ZO-S-S [flAhl IH I,tllltlH ovod 3N3M Z7ZS d a aMVNVH� �w 9E6E i,eneM n, 4oiuinossu az? Lot ZO-9-S f'WNW1 �I 9E6E 99280E :a4o4d o� }}g� 99L96 !.eneN'an4!l IH I.b'f1VH w a m ! € is -`b BOB,'V3l3�VH'13lVNVH od a ,� 011'VIV b?1f11N3A ONVW 3. OVOU 3N3M Z7zs MICHAEL J, BELLES MAX W.I. GRAHAM, JR. DONALD H. WILSON JONATHAN J. CHUN IAN K. JUNG BELLES GRAHAM PROUDFOOT WILSON & CHUN, LLP ATTORNEYS AT LAW WATUMULL PLAZA Coon 6Y We8UNSEL 4334 RICE STREET, SUITE 202 A.t W: PROUDFaoT LIHUE, KAUAI, HAWAII 96766-1388 COUNSEL TELEPHONE NO: (808) 245-4705 FACSIMILE NO: (808) 245-3277 E-MAIL: mail@kauai-law.com ka[1ai-law.com October 9, 2018 Chairperson James Guerber Kauai Historic Preservation Review Commission c/o Mr. Ka'aina Hull Deputy Director of Planning Planning Department County of Kauai 4444 Rice Street, Suite 473 Lihue, Kauai, Hawaii 96766 } LORNA A. NISHIMITSU 18 DVJ -9 FA,51 [)�:b. 99-0317663 VIA HAND DELIVERY Re: Class I Zoning Permit Z-74-2019 Kauai Historic Preservation Review Commission Lot 1-B, Weke Road, Hanalei, Kauai, Hawaii Kauai Tax Map Key No. (4) 5-5-002:107 Owner/Applicant: 3 Palms, LLC Dear Chairperson Guerber: This letter is a follow up to our letter dated September 6, 2018 as well as our dialogue before the Kauai Historic Preservation Review Commission ("KHPRC") on September 20, 2018 whereby six of the nine Commissioners were present. During the dialogue with KHPRC, four of the Commissioners agreed with the preservationist approach proposed by the Applicant and voted in favor of the Applicant's request, one Commissioner had concerns regarding the architectural style of the proposed new structures on the property and opposed the request, and another Commissioner opposed the request without any commentary. Procedurally, the motion to approve the request was carried over to the next KHPRC meeting as five votes are needed for valid action on an item. In response to the concern raised, we researched the issue regarding the potential impact new structures may have as being in proximity to a historic structure. In most cases, the issues surrounding new structures adjacent to historic properties are raised in the context of historic districts and/or historic landscapes rather than an individual historic structure. Nonetheless, in {W./DOCS/28970/I/W0155996.DOCX I OCT 1 (9 2019 Chairperson James Guerber Kauai Historic Preservation Review Commission c/o Mr. Ka'aina Hull October 9, 2018 Page 2 material provided for by the National Park Service, as a Technical Preservation Brief entitled "New Construction within the Boundaries of Historic Properties", one of the points clearly articulates that new construction should be distinct from the old and must not attempt to replicate historic buildings elsewhere on site to avoid creating a false sense of historic development (See, enclosed Exhibit "A"). Preservationists have ascribed to this approach whereby new structures are contrasted to historic structures to feature them as a record of its time. A publication for the Preservation Alliance, "Sense of Place: Design Guidelines for New Construction in Historic Districts", acknowledged this preservationist theory and recognized those who embraced a renaissance of modern preservation to merge the old by distinguishing and contrasting them with the new. This embrace allowed for modern architects to respect the past, yet create contemporary architectural styles that advance and showcase the history associated with a structure by intentional opposition. This principle promotes modern preservation whereby new contemporary structures coalesce in proximity with historic structures to allow art to evolve, so that artists are free to create art rather than be bound by artistic styles of the past. The proposed new structures are of modern and contemporary style and will function to contrast the new with the old. As provided for in the Secretary of Interior Standards, adequate setbacks and vegetation will create a buffer between the proposed new structures and the Douglas Baldwin Beach House. Enclosed are photorealistic imagery requested by the opposing Commissioner to illustrate the contrasting nature of the proposed new structures and the rehabilitated Douglas Baldwin Beach House (See, Exhibit "B"). The Douglas Baldwin Beach House will remain at its current location along Weke Road, which is the most visible to the public. Furthermore, the proposed new residence will be situated with a setback of approximately sixty (60) feet from the Douglas Baldwin Beach House along with vegetation to provide for view plain mitigation between the structures, and likewise, the proposed new guest house will be setback twenty (20) feet from the Douglas Baldwin Beach House also with vegetation mitigation. Moreover, the Douglas Baldwin Beach House is modest compared to the Faye House, the Sanborn House, and the Wilcox House, which are elaborate arts and crafts/plantation style structures in their own right. Even though the Douglas Baldwin Beach House is recognized only for its vernacular value and its association with the Baldwin family, the Applicant is willing to preserve its historical character so it can remain as a record of its time. However, the Applicant should enjoy the right to contrast the architecture of the past by allowing {WJD0CS128970/1/W0155996.D0CX } Chairperson James Guerber Kauai Historic Preservation Review Commission c/o Mr. Ka'aina Hull October 9, 2018 Page 3 a contemporary design that may very well be recognized as a significant architectural contribution in the future. The historic preservation process protocol is set forth in Hawaii Revised Statutes ("HAS") Chapter 6E, Section 10, which provides as follows: §6E--10 Privately owned historic property. (a) Before any construction, alteration, disposition or improvement of any nature, by, for, or permitted by a private landowner may be commenced which will affect an historic property on the Hawaii register of historic places, the landowner shall notify the department of the construction, alteration, disposition, or improvement ofany nature and allow the department opportunityfor review of the effect of the proposed construction, alteration, disposition, or improvement of any nature on the historic property. The proposed construction, alteration, disposition, or improvement of any nature shall not be commenced, or in the event it has already begun, continue, until the department shall have given its concurrence or ninety days have elapsed. Within ninety days after notification, the department shall: (1) Commence condemnation proceedings for the purchase of the historic property if the department and property owner do not agree upon an appropriate course of action; (2) Permit the owner to proceed with the owner's construction, alteration, or improvement; or (3) In coordination with the owner, undertake or permit the investigation, recording, preservation, and salvage of any historical information deemed necessary to preserve Hawaiian history, by any qualified agency for this purpose. The Applicant has opted to pursue HRS 6E-10(a)(2) which seeks to alter the use of the main residence yet preserves the Douglas Baldwin Beach House. This approach would allow the density to be retired and provide the Applicant the ability to construct a new residence while promoting the preservation of the Douglas Baldwin Beach House so it can remain a physical record of its time and place. Therefore, we request approval as provided for in the Director's Report. {W:/DOCS/28970/1IW0155996.DOCX } Chairperson James Guerber Kauai Historic Preservation Review Commission c/o Mr. Ka'aina Hull October 9, 2018 Page 4 Thank you very much for your attention to this matter. Sincerely yours, BELLES GRAHA ROUDF WILSOW CI UN, LLP IanX. Jung IKJ. j gm Enclosures cc: Mr. Grant Bowen, w/encls. (via email only) Mr. Timothy Archambault, w/encls. (via email only) Mr. Marc A. Ventura, w/encls. (via email only) Mr. Glenn Mason, w/encls. (via email only) {W:/D0CS128970/1/W0155996.D0CX } EXHIBIT "A" Planning Successful Rehabilitation Projects, New Construction —Technical Preservation ... Page 1 of 2 National Park 50FVI ' Technical Preservation Services US. Department ofthe Interior Home > The Standards > Aoolying Rehabilitation Standards > Successful Rehabilitations > New Construction Planning Successful Rehabilitation Projects Acquired Significance_and Standard 4 Continued Historic Use and Standard i Windows Evaluatina Historic Windows for Repair or Replacement Replacement Windows that Meet the Standards Documentation Requirements for Proposed Window Replacement Interior treatments identifying Primary and Secondary Interior Spaces in Historic Buildings Changing Secondary Interior Spaces in Historic Buildings Historically -Finished Secondary Spaces —Avoiding Problematic Treatments at Proiect Completion Subdividing Assembly Spaces in Historic Buildings Retaining Corridors and Other Circulation Spaces in Historic Buildings Interior Spaces, Features, and Materials in Highly Deteriorated Condition and Standard 2 New additions and related new construction New Additions to Historic Buildings New Construction within the Boundaries of Historic Properties Modern requirements and new technologies and materials Codes and Regulatory Requirements for Rehabilitating is oric Buildings Energy Efficiency, Sustainability, and Green Building Practices in Historic Buildings Evaluating Substitute Materials in Historic Buildings New Construction within the Boundaries of Historic Properties It is possible to add new construction within the boundaries of historic properties if site conditions allow and if the design, density, and placement of the new construction respect the overall character of the site. According to the Secretary of the Interior's Standards for Rehabilitation — Standard 9 in particular -- and the Guidelines for Rehabilitating_Hist2r9c Buildings, new construction needs to be built in a manner that protects the integrity of the historic building(s) and the property's setting. In addition, the following must be considered: EXHIBIT "A" https://www.nps.gov/tps/standards/applying-rchabilitationlsuccessful-rehab/new-constructi... 10/1/201 S Planning Successful Rehabilitation Projects, New Construction —Technical Preservation ... Page 2 of 2 • Related new construction - including buildings, driveways, parking lots, landscape improvements and other new features - must not alter the historic character of a property. A property's historic function must be evident even if there is a change of use. • The location of new construction should be considered carefully In order to follow the setbacks of historic buildings and to avoid blocking their primary elevations. New construction should be placed away from or at the side or rear of historic buildings and must avoid obscuring, damaging, or destroying character -defining features of these buildings or the site. • Protecting the historic setting and context of a property, including the degree of open space and building density, must always be considered when planning new construction on an historic site This entails identifying the formal or informal arrangements of buildings on the site, and whether they have a distinctive urban, suburban, or rural character, For example, a historic building traditionally surrounded by open space must not be crowded with dense development. • In properties with multiple historic buildings, the historic relationship between buildings must also be protected. Contributing buildings must not be Isolated from one another by the insertion of new construction. • As with new additions, the massing, size, scale, and architectural features of new construction on the site of a historic building must be compatible with those of the historic building. When visible and In close proximity to historic buildings, the new construction must be subordinate to these buildings. New construction should also be distinct from the old and must not attempt to replicate historic buildings elsewhere on site and to avoid creating a false sense of historic development. • The limitations on the size, scale, and design of new construction may be less critical the farther it Is located from historic buildings. • As with additions, maximizing the advantage of existing site conditions, such as wooded areas or drops in grade, that limit visibility is highly recommended. • Historic landscapes and significant viewsheds must be preserved. Also, significant archeological resources should be taken into account when evaluating the placement of new construction, and, as appropriate, mitigation measures should be implemented if the archeological resources will be disturbed. inips.9ov t'~r EXPERIENCE YOUR AMERICA`y https:llwww.nps.govltps/standards/applying-rehabilitation)successful-rehabinew-constr-ucti... 10/1/201 S EXHIBIT "B" � �\��• � • 1, tiZ��S, ` t \ ) { �J - � �. •_ .� f -:"fir'. '4 _ -.. �; , '! � -r � iF _3 �� i \' .� ��4�. �lX■1� ji�Gf i`�' � _ � � i1� s'��.�'s' � ` / r _.er-+•fsr«7�!MF1=•w�"+���yrs.-+s^"+ �: -1 •�1�.1 w�'Y.= ' ,•<.ryvw.w.: •... `-�_ - � � li,�?' 1.�t,� �$�yyY. � ft�`?rf n4Gs i �? - �, ?;��a _ •/ s•�,i.7ri)ht��r,;�r� °{ ,I�NN�r`�k spy- �`� a t•4 Y•h''1t jo- If II 1• Michael A. Dahilig Director of Planning COUNTY OF KAUA`I PLANNING DEPARTMENT Ka`aina S. Hull Deputy Director of Planning DIRECTOR'S REPORT Kauai County Historic Preservation Review Commission I. SUMMARY Action Required by KHPRC: II. PROJECT DATA Consideration of the subject parcel for the conversion of the existing historic structure into an accessory dwelling unit, and the construction of a new dwelling unit and guest house on the subject parcel. I'RO.IECT NFORAMTION Parcel Location: Hanalei Tax Map Key(s): (4) 5-5-002-107 Area: I 1.263 ac / 55,016 sqft LAND USE DESIGNATIONS & VALUES Zoning: Open (0) State Land Use District: Urban General Plan Designation: Natural Owner(s): 3 Palms LLC III. PROJECT DESCRIPTION AND USE BACKGROUND The subject lot of record is located at 5242 Weke Road in Hanalei. The subject lot of record is approximately 55,016 sqft in size, and it is located in Hanalei Ahupuaa, Halele`a Moku, Kauai Island, Hawaii. It is located within the County of Kaua`i's Open (0) Zoning District, State Land Use Urban District, and General Plan Designation Natural. The Applicant is proposing a total of seven (7) changes under the associated permit submittal: 1) Construction of a new dwelling unit .2) Construction of a new guest house 3) Addition of a new hot tub 4) Construction of a new 6 foot wood fence (not to enter 100' from the Certified Shoreline) 5) Installation of a new outdoor shower 6) Conversion of the 1A.'1•b- A02 r VT�s2018 'SE� TMK: (4) 5-5-002:107 September 20, 2018 Page 2 of 6 existing dwelling unit (the historic Baldwin Beach House) to an Accessory Structure (with entry landing) and 7) Installation of related site utilities. The Applicant proposed the following conditions to the Class I Zoning Permit: 1. Condition No. 1: "Prior to the issuance of a building permit, the Applicant shall resolve the requirements for the alteration of the existing historic dwelling unit into an accessory structure and the demolition of the existing garage with the State Historic Preservation Division." 2. Condition No. 2: "Prior to the issuance of a building permit, the Applicant shall obtain a SMA Minor Permit for the demolition of the existing garage as resolved with the State Historic Preservation Division." 3. Condition No. 3: "Prior to construction of the proposed dwelling unit, the Applicant shall remove the kitchen facilities within the existing historic dwelling unit and convert the existing historic dwelling unit into an accessory structure as resolved with the State Historic Preservation Division." EXISTING STRUCTURES & PERMIT HISTORY According to the original State Historic Register nomination form and Planning Department records, the Douglas Baldwin beach house is a single story frame house with a corrugated iron hip roof. The house is rectangular in shape and is double wall in construction. The exterior walls are constructed of 6" vertical planks and the interior walls and ceilings are tongue and groove. A large enclosed lanai a 1935 addition, characterizes the front of the house. This lanai has jalousie windows on all sides, the result of a late 1960s remodeling. The facade is symmetrical with a centered entry with a small wooden porch in front. The rear wall of the lanai is the original facade of the house. The main body of the house predates 1928. Besides the two front rooms it has a dressing room and sitting room with a bathroom in between. A kitchen wing extends from the rear. All windows are 2 x 2 double hung, with the exception of a sliding window in the sitting room and jalousies in the kitchen and bathroom. A four panel door provides rear entrance/egress from the kitchen. All interior doors are also of four panels. A hip roof garage of similar construction sits on the makai side of the house. It has a sliding lattice door and its windows are double six pane sliding. Please refer to Exhibit `C' of Applicant's submission for detailed descriptions and known alterations to historic structures (i.e. dwelling unit and garage) and comprehensive history of the subject property. Below is a list of the recorded permit history: TMK: (4) 5-5-002:107 September 20, 2018 Page 3 of 6 Permit No. Z-1920-90 — pence. Applicant: C. Forward on April 16, 1990. 2. Permit No. Z-230-2003 — Accessory structure — two (2) canvas shade structures. Applicant: Marie Mervin on September 10, 2002. Permit No. SMA(M)-2003-16 — Accessory structure — two (2) canvas shade structures. Applicant: Marie -Beatrice Olivia Mervin Trust on October 17, 2002. IV. ADDITIONAL FINDINGS The Douglas Baldwin Beach House was listed on the State Register of Historic Places in August of 1987 (SIHP No. 30-03-9386). It is not listed on the National Register. V. AGENCY COMMENTS None. However, Applicant shall engage with State Historic Preservation Division (SHPD) per HRS 6E-10 with the proposed project. VI. EVALUATION In reviewing the proposed project site for historical significance, the following should be considered: The U.S. Department of the Interior, National Park Service, Secretary of the Interior Standards and Guidelines, and the National Historic Preservation Act (NHPA) should be considered when evaluating a property's potential for designation as "historically significant". The U.S. Department of the Interior's four National Register of Historic Places (NRHP) Criteria for evaluation should also be considered to insure that the County of Kaua` i remains consistent with national standards. Criteria A. That are associated with events that have made a significant contribution to the broad patterns of our history; Based on the information provided in the original State Historic Register nomination form, Planning Department records, and historical research provided by the Applicant, the existing structure is associated with plantation style architecture, culture, and local traditions on Kauai, an event that has made a significant contribution to the broad patterns of our history. Therefore this historic property does meet National Register Criteria A. TMK: (4) 5-5-002:107 September 20, 2018 Page 4 of 6 Criteria B. That are associated with the lives of significant persons in our past; Based on the information provided in the original State Historic Register nomination form, Planning Department records, and historical research provided by the Applicant, the existing structure and the property itself is associated with the lives of the Wilcox family, Albert Spencer Wilcox, and Douglas Baldwin, manager of A&B's Hawaiian Sugar Co. (later Olokele Sugar Co.) in Makaweli from 1928 to 1942, significant persons in Hawaii and Kaua`i's past. Based on the available information, this historic property does meet National Register Criteria B. Criteria C. That embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction; Based on the information provided in the original State Historic Register nomination form, and historical research provided by the Applicant, the existing building is associated with a specific type, period or method of distinctive Hawaiian plantation style construction. Therefore, this historic property does not meet National Register Criteria C. Criteria D. That have yielded or may be likely to yield, information important in history or prehistory. • Based on the information gathered by the Planning Department, it is not likely that this structure, as it stands today, will yield information important in history or prehistory. 2. The Planning Department concurs with the Applicant's assertion that removal of the trex decking during rehabilitation will contribute to the restoration of the more original historic architectural appearance of the plantation -style structure. 3. The Planning Department concurs with the Applicant's assertion that "... the garage can be considered a non-contributing feature and its removal will not impact the significance of the Douglas Baldwin Beach House. VII. CONCLUSION Based on the information contained in the Report's Findings and Evaluation, the Planning Department concludes that the proposed demolition of the historic garage, and rehabilitation and conversion of the existing historic Baldwin Beach House from a dwelling TMK: (4) 5-5-002:107 September 20, 2018 Page 5 of 6 unit to an accessory structure will not have an adverse -impact on the historic integrity of the existing property or historic beach house. VIII. RECOMMENDATION Based on the foregoing evaluation and conclusion, the Planning Department recommends that the Kaua` i Historic Preservation Review Commission SUPPORT the proposed construction of the bro , provided that: Applicant shall ensure that the architectural form, style, and material used for the proposed guest house and dwelling unit to be constructed is consistent with the U.S. Secretary of Interior Standards & Guidelines, and does not detract from or significantly alter the historic integrity of the existing property and the historic beach house. 2. Applicant shall be cognizant that KHPRC review and approval shall not obviate the Applicant or permit application submittal from the standard regulatory permitting review process and the permitting requirements set forth in the applicable State and County laws, including but not limited to the County of Kauai Comprehensive Zoning Ordinance. 3. Applicant shall be cognizant of FIRS 6E-10 Review process as it pertains to privately owned properties listed on the Hawaii or National Registers of Historic Places. TMK: (4) 5-5-002:107 September 20, 2018 Page 6 of 6 The Commission is further advised that this report does not represent the Planning Department's final recommendation in view of the forthcoming public hearing process whereby the entire record should be considered prior to decision making. The entire record includes but is not be limited to: a. Government agency comments; b. Testimony from the general public and interested others; and c. The land owner's response. By ALEX W NG -- Planner Approved & Recommended to Commission: B2:�4p KA`AINA . HULL aDeputy Director of Planning Date: i BELLES GRAHAM PROUDFOOT WILSON & CHUN, LLP ATTORNEYS AT LAW M1CI-IAEL J. BELLES MAX W.J. GRARAM, JR. DONALD H. WILSON JONAMAN J. CHUN LAN K. JUNO Mr. Dale A. Cua Chief Regulatory Planner Planning Department County of Kauai 4444 Rice Street, Suite 473 Lihue, Kauai, Hawaii 96766 WATUMULL PLAZA 4334 RICE STREET, SUITE 202 LIHUE, KAUAI, HAWAII 96766-1388 TELEPHONE NO: (808) 245-4705 FACSTMILE NO: (808) 245-3277 E-MAIL: maii®kauai-law.com October 16, 2018 OF COUNSEL DAVID W. PROUDPOOT COUNSEL LORNA A. NISHIMITSU Federal LD. No. 99-0311663 VIA EMAIL & HAND DELIVERY Re: Application To Amend Master Permit Use Permit No. U-2005-22 Variance No. V-2005-06 Class IV Zoning Permit No. Z-IV-2005-28 Lihue, Kauai, Hawaii Kauai Tax Map Key No. (4) 3-6-005:005 Owner. Kauai Museum Association, Limited Dear Mr. Cua: I have enclosed for processing an original of the Application To Amend Master Permit; Exhibits "A" - "D" dated October 16, 2018, together with a digital version [CD -Rom] for the above -identified matter. Thank you very much. Sincerely yours, BEL , T WILSON & CHUN, LLP ax W. J. Graham, Jr. MWJG jgm Enclosure cc: Mr. Chucky Boy Chock w/encl. (via email only) Ms. Maryanne Kusaka, w/encl. (via email only) Mr. Ron Agog, w/encl. (via email only) 9 (WMOCS/28821/1/W0156146.DOCX) NOV 15 2018 BELLES GRAHAM PROUDFOOT WILSON & CHUN, LLP MAX W. J. GRAHAM, JR. 926-0 IAN K. TUNG 8626-0 4334 Rice Street, Suite 202 Lihue, Kauai, Hawaii 96766 Telephone: (808) 245-2163 Facsimile: (808) 245-3277 Email: mwg@kauai-law.com ikj@kauai-law.com Attorneys for Applicant, KAUAI MUSEUM ASSOCIATION, LIMITED a Hawaii nonprofit corporation BEFORE THE PLANNING COMMISSION OF THE COUNTY OF KAUAI In The Matter Of The Application ) Of ) } KAUAI MUSEUM ASSOCIATION, ) LIMITED, a Hawaii nonprofit corporation, ) for a Use Permit, Variance Permit, and a ) Class IV Zoning Permit for real property ) situated at Lihue, Kauai, Hawaii, identified by) Kauai Tax Map Key No. (4) 3-6-005:005. } {W:/DOCS/28821/1/WO156140.1iOCX ) USE PERMIT NO. U-2005-22 VARIANCE PERMIT NO. V-2005-06 CLASS IV ZONING PERMIT NO. Z-IV-2005-28 APPLICATION TO AMEND MASTER PERMIT; EXHIBITS "A" — " D" APPLICATION TO AMEND MASTER PERMIT TABLE OF CONTENTS SUMMARY..................................................................................................................5 A. History ...............................................................................................I......5 B. Environmental Assessment......................................................................6 SECTION 1. APPLICANT/SUBJECT PROPERTY/OWNER................................................6 1.1 Applicant..................................................................................................6 1.2 Subject Property.......................................................................................7 1.3 Ownership................................................................................................7 SECTION 2. LOCATION AND LAND USE DESIGNATIONS OF PROPERTY.................7 2.1 Location...................................................................................................7 2.2 Land Use Designations............................................................................7 a. SLUC..............................................,............................................7 b. Kaua'i General Plan.....................................................................7 c. CZO..............................................................................................7 d. Development Plan Area...............................................................7 e. Special Management Area...........................................................8 f. Violations.....................................................................................8 g. Land Use Conditions....................................................................8 SECTION 3. PAST, EXISTING AND PROPOSED USES OF SUBJECT PROPERTY ........ 8 3.1 Past and Existing Uses.............................................................................8 3.2 Proposed Uses........................................................... , ...........................8 SECTION 4. DESCRIPTION OF SUBJECT PROPERTY AND IDENTIFICATION OF SURROUNDING LANDS.......................................9 4.1 Adjacent Property....................................................................................9 4.2 Natural Environment ................................................................................9 a. General Description.....................................................................9 b. Soils..............................................................................................9 C. Rainfall.....................................................................I...................9 d. Botanical Resources.....................................................................9 e. Flood/Tsunami Hazard................,................................................9 f. Wetlands......................................................................................9 (W:/D0CS/28821/1/W 0156140.DOCx) -2- SECTION 5. PERMITS REQUESTED AND REQUIRED.....................................................10 5.1 Required Approval...................................................................................10 SECTION 6. IMPACTS OF PROTECT....................................................................................10 6.1 Botanical Resources and Wildlife............................................................10 6.2 Historical Resources................................................................................10 6.3 Air Quality/Noise.....................................................................................10 6.4 Flooding and Drainage.............................................................................11 6.5 Utilities..........................................................................................11 a. Potable Water...............................................................................11 b. Electric/Communications.............................................................11 6.6 Wastewater Treatment and Disposal.......................................................11 6.7 Solid Waste Disposal...............................................................................12 6.8 Governmental Services............................................................................12 a. Fire and Police Services...............................................................12 b. Schools.........................................................................................12 6.9 Economics..........................................................................................12 a. Jobs ..........................................................................................12 b. Housing........................................................................................12 6.10 Population...........................................................................................12 6.11 Traffic Circulation...................................................................................13 6.12 Heritage Resources..................................................................................13 SECTION 7. SLUC CONSIDERATIONS................................................................................13 7.1 SLUC Urban District...............................................................................13 7.2 Project's Compliance with SLUC Urban District Standards ...................13 SECTION 8. GENERAL PLAN CONSIDERATIONS............................................................14 8.1 Kaua'i General Plan Land Use Designation.............................................14 8.2 Goals........................................................................................................14 8.3 Policies.....................................................................................................14 8.4 Objectives.& Actions by Sectors.............................................................17 SECTION 9. CZO DISTRICT CONSIDERATIONS...............................................................18 9.1 CZO Residential District..........................................................................18 9.2 Uses And Structures Permitted With A Use Permit................................18 9.3 Compliance With CZO Residential District Standards ...........................19 9.4 CZO Special Treatment/Public Facilities District ...... .............................19 9.5 Compliance With CZO Special Treatment/Public Facilities District ...... 20 (W:/DOCS/28$21/YW0156140.DOCX } -3- SECTION 10. DEVELOPMENT PLAN CONSIDERATIONS.................................................20 10.1 Community Plan Area. ............................................................................. 20 10.2 Land Use..................................................................................................20 10.3 Policy Objectives.....................................................................................21 SECTION 11. FIRS CHAPTER 343 (ENVIRONMENTAL IMPACT STATEMENTS) CONSIDERATIONS......................................................................................23 SECTION 12. NATIVE HAWAIIAN ISSUES...................................................................._.....23 12.1 Traditional or Cultural Practices..............................................................23 12.2 Summary of Impacts on Traditional or Cultural Practices ......................23 SECTION 13. CONCLUSION....................................................................................................24 (W./D0CS/28821/1/W0156140.DMX) -4- APPLICATION TO AMEND MASTER PERMIT Comes now, KAUAI MUSEUM ASSOCIATION, LIMITED, a Hawaii nonprofit corporation, Applicant in the above -captioned proceedings, by and through its undersigned attorney, and hereby submits the following Application To Amend Master Permit ("Application"). SUMMARY A. History, The Kauai Museum is located in two (2) buildings on the Subject Property. The older building, known as the Wilcox Building, contains two stories and a basement, and is located on the east side of the Subject Property. The newer building, known as the Rice Building, contains two stories and is located in the southwest corner of the Subject Property. The Master Permit was initially approved in 2005 ("2005 Design"). The approval allowed the Applicant to construct a new addition ("Addition") to the northside of the Rice Building to be used as a gift shop and for offices. The proposed 2005 Design turned out to be too expensive to construct, and as a result in 2009 the Applicant requested, and the Planning Commission approved, a simpler and smaller single -story design ("2009 Design"). The Applicant now proposes to further revise the 2009 Design. (hereinafter "Project"). The proposed revised design would include elevating a proposed new wing on the north side of the Rice Building ("Rice Building Addition") rather than having the new exhibit/office area on the ground as approved for the 2009 Design. The proposed Project maintains a contemporary "Hawaiian style" architecture with the Rice Building Addition elevated to create a covered lanai space below for special events and additional seating (WA)OCS/28821/1/WQ156149.DOCX 1 -5- opportunities. The elevated Rice Building Addition will create additional exhibit space and storage for the Applicant. The Rice Building Addition will be connected to the Wilcox Building via a covered walkway. An elevator from the lower floor to the upper floor will be installed. The overall use of the Project for gift shop and office remains the same and does not deviate from the original intent of the Project. B. Environmental Assessment. The Applicant has received a Grant from the State of Hawaii for funds to pay for the development of the Project. Pursuant to Hawaii Revised Statutes ("HRS") Section 343-5(a)(5), which required the preparation of an environmental assessment for any proposed use of State funds, the Applicant prepared an Environmental Assessment dated July 2017 ("EA"). The Planning Department accepted the EA, determined that the Project would have no significant environmental impacts and issued a Finding Of No Significant Impact. A final copy of the EA was transmitted to the State Office of Environmental Quality Control for publication in the October 23, 2017 edition of the Environmental Notice. [NOTE: Because of its bulky the Final EA will be submitted .separately, but its contents are incorporated herein by reference.] SECTION 1. APPLICANTlSUBJECT PROPERTY/OWNER. 1.1 Applicant. The Applicant is KAUAI MUSEUM ASSOCIATION, LIMITED, a Hawaii nonprofit corporation. The Applicant has authorized Max W. J. Graham, Jr. and Ian K. Jung of Belles Graham Proudfoot Wilson & Chun, LLP ("Belles Graham") to file this Application pursuant to the Applicant's Authorization [Exhibit "A "J. {W IDOCS12862111NOI56140,DOCX } -6- 1.2 Subject Property. The property which is the subject matter of this Application ("Subject Property") is located in Lihue, Kauai, Hawaii, identified by Kauai Tax Map Key No. (4) 3-6-005:005. The Subject Property contains approximately 0.5074 acres (22,103 square feet). 1.3 OwnO ershiu. The Applicant is the owner of the Subject Property. SECTION 2. LOCATION AND LAND USE DESIGNATIONS OF PROPERTY. 2.1 Location. The Subject Property is located in Lihue, Kauai, Hawaii, and is shown on Tax Map 3-6-05 [Exhibit "C"]. 2.2 Land Use Designations. The respective State Land Use Commission ("SLUC"), Kaua'i General Plan, County of Kauai Comprehensive Zoning Ordinance ("CZO"), and other relevant land use designations for the Subject Property are as follows: a. SLUC. As shown on the Zoning Map attached as Exhibit 3 to the EA ("Zoning Map"), the Subject Property is located in the SLUC Urban District. The Subject Property has been located in the SLUC Urban District since the inception of the SLUC Districts. b. Kaua'i General Plan. As shown on the Lihu'e Land Use Map attached as Figure 5-5 to the Kauai General Plan, the Subject Property is located in the Kauai General Plan Neighborhood Center Land Use Designation. C. CZO. As shown on the Zoning Map, the Subject Property is located in the CZO Residential District (R-1) and in the CZO Special Treatment -Public Facilities District. d. Development Plan Area. The Subject Property is located within the Lihue Development Plan Area, as amended by the Lihu'e Community Plan (Ord. No. 989, June 2015). { W:IDOCS/2882111/W0156140.DGCX) -7- C. SPecial Management Area. None of the Subject Property is located within the Special Management Area ("SMA") of the County of Kauai. f. Violations. There are no existing violations of any land use laws or regulations on the Subject Property. g. Land Use Conditions. The Subject Property is subject to the land use conditions for the Master Permit as contained in the approval for the 2005 Design attached hereto as Exhibit 'B-1 ", the approval for the 2009 Design attached hereto as Exhibit "B 2 ", and Kauai Historic Preservation Review Commission approval for the 2009 Design attached hereto as Exhibit "B-3 ". SECTION 3. PAST, EXISTING AND PROPOSED USES OF SUBJECT PROPERTY. 3.1 Past and Existing -Uses, As described in the Archaeological Assessment And Cultural Assessment for Kauai Museum Renovations prepared by Exploration Associates, Ltd. (Nancy A. McMahon, M.A., M.Ed., M.S.) dated January, 2017 and attached to the EA as Exhibit 12 ("Archaeological Assessment"), the Wilcox Building has been in existence since 1924. It was initially used for library purposes and later as a museum_ The Rice Building was constructed in 1960 for museum purposes. 3.2 Proposed Uses. The Applicant wishes to construct the improvements and engage in the activities on the Subject Property as shown on the Kauai Museum Rice Building Addition Plans dated November 3, 2017 [Exhibit "D"] and described in the Summary (collectively referred to as the "Project"). The Rice Building Addition will be used as a gift shop and for offices associated with the Museum operation. The covered lanai (mezzanine) area will be used for functions related to Museum activities. {W:Q]OCSfn8821/1/W0156140.1)OCX) -8- SECTION 4. DESCRIPTION OF SUBJECT PROPERTY AND IDENTIFICATION OF SURROUNDING LANDS. 4.1 Adjacent Property. The Subject Property is located in the heart of the Llhu'e Town Core. It is bordered to the north and west by the County of Kauai Civic Center. The east side of the Subject Property is adjacent to Eiwa Street. Further east is the Historic County Building. The south side of the Subject Property is located adjacent to Rice Street, across the street from the Texaco Gas Station, First Hawaiian Bank, and U.S. Post Office building. 4.2 Xatural Environment. a. General Description. The Subject Property is composed of level lands. b. Soils. Because the Subject Property is located in the SLUC Urban District, it is not listed in the Land Study Bureau's Detailed Land Classification. C. Rainfall. The Subject Property receives approximately 22 inches of annual rainfall. d. Botanical Resources. The vegetation within the project area is almost entirely exotic grasses. e. Flood/Tsunami Hazard. As shown on the State's Flood Hazard Assessment Map (which incorporates the data from Flood Insurance Rate Map 150002-326E), the Subject Property is located in Flood Zone X (areas outside the floodplains). f Wetlands. There are no wetlands on the Subject Property. { WIDOCS/28821 A /W0156140,DOCX } -9- SECTION 5. PERMITS REQUESTED AND REQUIRED. 5.1 Required Approval. The proposed amendment to the Master Permit requires the approval of the Planning Commission in accordance with the applicable provisions of CZO Sec. 8-3.1(f) and CZO Sec, 8-4.7(d). SECTION 6. IMPACTS OF PROJECT. 6.1 Botanical Resources and Wildlife. There are no known endangered botanical resources or wildlife that will be affected by the Project. The Project will have no significant impact on any endangered or protected wildlife or vegetation in the area of the Subject Property. See, EA Sections 3.7 (Flora) and 3.8 (Fuana). 6.2 Historical Resources. The Applicant is not aware of any archaeological, cultural or historical resources ("Historic Sites") on the surface of the Subject Property which will be affected by the Project. See, the Archaeological Assessment, The Project itself will be compatible with the historic properties and values of the Wilcox Building. In the event of inadvertent historic site or burial discovery, the Applicant will immediately contact the Historical Preservation Division of the Department of Land and Natural Resources and the Planning Department. 6.3 Air Qualitv/Noise. The Subdivision will have little or no impact on the air quality and ambient noise levels in the area. Air quality and ambient noise levels may be affected at a very minimal level during future activities associated with the construction of the Hoaka Street Extension. All vehicles or equipment used by the Applicant during construction will be properly muffled, housed and maintained to reduce any noise impacts or emission impacts. The Environmental Protection Agency (EPA) and State of Hawaii air quality standards will not be exceeded. (WVD0C8/28821/1fW015614a.n0cx) -10- 6.4 Flooding and Drainage. The Subject Property is situated within Flood Zone X (areas outside the floodplain), as shown on the State Flood Hazard Assessment map (which incorporates the data shown on Federal Insurance Rate Map 150002-326E). The Project will meet all of the requirements of the Flood Plain Management Ordinance of the County of Kauai, as contained in Chapter 15, Article 1, of the Kauai County Code, 1987. The Project will have no impact on flooding on or around the Subject Property. All drainage resulting from construction activities, from road use, and from the increase in land coverage will be retained on site and subject to best management practides. No additional drainage will be allowed to significantly or negatively impact surrounding properties. 6.5 Utilities. a. Potable Water. The Project will obtain potable water from the existing Department of Water ("DOW") water meter that serves the Subject Property. Existing DOW facilities in the Lihue area are sufficient to provide the potable water and fare flow requirements for the Project. b. Electric/Communications. The Project will obtain electric service from Kauai Island Utility Cooperative, and communication services from Hawaiian Telcom, Inc. from existing electric and communications facilities presently serving the Subject Property. These facilities are presently adequate to provide the demand for such services that will be generated by the proposed Project. 6.6 Wastewater Treatment and Disposal. Wastewater generated by the Project will be collected and routed to the Lihue Wastewater Treatment Plant via the existing sewer facilities servicing the Subject Property. (WM0C5128821/1/W0156140.D0CX) -11- 6.7 Solid Waste Disposal. Solid waste collection will be provided by the County. Solid waste will be taken to the CounWs Transfer Stations for disposal in the County Landfill. 6.8 Governmental Services. The Subdivision will have the following impacts on governmental services: a. Fire and Police Services. Fire services are available from the Lihue Fire Station, which is located on Rice Street, approximately 0.35 miles from the Subject Property, Police services are available from the Lihue Police Station, which is located approximately 1.4 miles from the Subject Property. The Project will not significantly increase the need for existing fire and police services. b. Schools. The closest schools are Wilcox Elementary School located in Lihue, King Kaumualii Elementary School located in Hanamaulu, Chiefess Kamakahele Middle School located in Puhi, and Kauai High School located in Lihue. The Project will not generate any significant increase in enrollment. 6.9 Economics. The Project will have the following economic impacts: a. Jobs. The Project will result in jobs on a temporary basis during the period of construction, and possibly one to three additional permanent jobs thereafter associated with the gift shop operation. b. Housin . The Subdivision will not result in the need for additional worker housing. All contractors and their employees will be Kauai residents who are already living on Kauai. 6.10 Population. The Project will not result in any increase in population. (w:IDOCs128821/1/wa156140.DOCX) -12- 6.11 Traffic Circulation. The major road which services the Subject Property is Rice Street (a State road) and Eiwa Street (a County road). The Project, in and of itself, will not significantly increase traffic on these roads. See, EA Sections 4.1 and 4.2. 6.12 Heritage Resources. As shown on the Lihue Planning District Heritage Resource Map (Figure 5-12 of the Kauai General Plan), the Project is not located in any Resource area. The Wilcox Building is designated as a Registered Historic Building. The public view of the Project will be from Eiwa Street and the County Civic Center (the "Vantage Points"). The Project will be designed to blend harmoniously into the surrounding environment. Building materials and exterior colors will be compatible with the surrounding environment. The Project will be landscaped as necessary so as to minimise visual impacts. Numerous other buildings and structures in the area are visible from the Vantage Points. The proposed Project will be no more intrusive than any of these other visible structures. SECTION 7. SLUC CONSIDERATIONS. 7.1 SLUC Urban District. The Subject Property is located within the SLUC Urban District. Permitted uses in the SLUC Urban District are set forth in HRS Section 205-2(b), which provides as follows: "(b) Urban districts shall include activities or uses as provided by ordinances or regulations of the county within which the urban district is situated." 7.2 Proiecfs Compliance with SLUC Urban District Standards. The use of the Subject Property for museum and commercial purposes is recognized as a permissible use under HRS Section 205-2(b). {WJD005/28821/VWO156140.DOCX) -13- SECTION 8. GENERAL PLAN CONSIDERATIONS. 8.1 Kaua'i General Plan Land Use Designation. As shown on the Lihu'e Land Use Map (which is contained in the Kauai General Plan as Figure 5-5), the Subject Property is located in the Neighborhood Center Land Use Designation. 8.2 Goals. The overall Goals contained in Section 1.3 of the Kauai General Plan, and the Project's compliance therewith, are as follows: a. Goal 1 — A Sustainable Island. The Project is an example of responsible growth in an area designated for cultural and quasi -governmental uses by the general public. b. Goal 2 — A Unique and Beautiful Place. The Project will compliment the natural, cultural, social and built environmental assets of the Lihue Community. It will provide cultural opportunities and uses that are compatible with similar uses in the area. G. Goal 3 — A Healthy and Resilient People. The Project will have minimal visual impacts and will have no negative impacts on the Historic Sites or Hawaiian cultural practices. It will not be located close enough to the shoreline to be affected by sea level rise. d. Goal 4 -- An Equitable Placc. with Opuortunity for All, The Project will support and enhance economic and business opportunities, jobs, and housing opportunities on Kauai. 8.3 Policies. The Project will comply with the Policies contained in Section 1.4 of the Kaua'i General Plan as follows: a. Manage Growth to Preserve Rural Character. The Project will not detract from the rural characteristics of Kauai. It will provide appropriate opportunities for cultural activities within the designated growth boundaries of the Lihue area. (w:IDOC8/28821/i1Wo156140,DoCX ) -14- b. Provide Local Housinl7. The Project will not have any negative effects on affordable housing opportunities for Kauai residents. C. Recognize the Identity of Kaua'i's Individual Towns and Districts. The Project will provide cultural opportunities that are consistent with the planning goals for the Lihue area. d. Design Healthy and Complete Neighborhoods. The Project will be compliment to healthy and complete neighborhoods by providing close access to cultural activities and public facilities in the Lihue area. e. Make Strategic Infrastructure Investments. The Project has provided the necessary infrastructure to offset any impacts it may have on public facilities. f Reduce the Cost of Livinl7. The Project will help provide low cost and/or free cultural activities for the community. g. Build a Balanced Transportation System. The Project will not substantially increase traffic or congestion problems. h. Protect Kaua'i's Scenic Beauty. The Project will have a positive influence on the visual resources in Lihue. L Uphold Kauai as a Unique Visitor Destination. The Project will provide cultural opportunities for visitors. j. Help Business Thrive. The Project will provide cultural opportunities for residents and visitors, who in turn will generate increased revenues for business and commercial activities in the Lihue area. {W:/DOCS/28821!]/W0156140.DOCX ) -15- k. Help Agricultural Lands Be Productive. The Project will have no negative impact on surrounding agricultural uses. It will help to preserve agricultuiral lands by locating museum uses in appropriately designated areas. 1. Protect Our Watersheds. The Project will have no negative impacts on the watershed areas. In. Complete KauaTs Shift to Clean Energy. The Project will have no negative impact on Kaua'i's shift to clean sources of energy. n. Prepare for Climate Change. The Project is not located on or along the shoreline and will not be subject to sea level rise. o. Respect Native Hawaiian Rights and Wahi Pana. The Project will have no substantial impacts on any of the Historic Sites, Hawaiian traditional and cultural practices, or access to streams, shorelines, or areas associated with Hawaiian religious, traditional or cultural practices. P. Protect Access to KauaTs Treasured Places. The Project will have no impact on the public's access to streams, the shoreline, trails, recreational areas, or places associated with Hawaiian religious, cultural, or traditional practices. q. Nurture Our Keila. The Project will help provide cultural educational opportunities that will allow KauaTs young people to grow and flourish. for the Kapuna. r. Honor Our Kiruna. The Project will provide cultural opportunities S. Communicate with Aloha. The scheduling of this Application before the Planning Commission will allow the public to participate in the planning and decision -making process for the Project. (w:/DOC8M821/1/wo156140.DOCX ) -16- 8.4 Objectives & Actions by Sectors. The ten (10) Sectors contained in Section 3.0 of the Kauai General Plan (which represent the areas that must be considered in policy implementation), and the Project compliance therewith, are as follows: a. The Watershed, The Project is not located in or near any watershed, on the shoreline or new any streams. As such, it will have no negative impacts on the natural, historic, cultural, or environmental qualities of, or resources within, the Watershed areas, or access thereto. b. Housing. The Project will provide cultural opportunities compatible with residential uses and needs in the Lihue area It is appropriately located in an "in -fill" area designated for residential and public uses. C. Transportation. The Project will not result in a substantial increase in traffic and will have no negative impact on KauaTs transportation infrastructure. It is within walking distance of visitor amenities, commercial activities, recreation resources, and public facilities. d. Infrastructure & Services. The Project will be served by existing public (water/electric/cable/wastewater disposal) systems. e. Shared Spaces. The Project will not overburden the use and enjoyment of public resources and Shared Spaces in the Lihue area. f. Economy. The Project will enhance and promote resident and visitor related uses and expenditures in the Lihue area in support of KauaTs economy. g. Heritage Resources. The Project will have no substantial visual impacts on surrounding lands, and no substantial impacts on the Historic Sites, on Hawaiian cultural or traditional practices, or on access to streams, shorelines, areas associated with Hawaiian cultural {W:/DOCSf28821l11W0156140.DOCX 1 -17- or traditional practices, recreational areas or other special places. The Project will not negatively impact any special features or resources that are shown on the Lihue Heritage Resource Map (Kaua'i General Plan Figure 5-11). h. Energy Sustainability. The Project will have no negative impacts on KauaTs energy sustainability goals. It will incorporate energy efficient features in its development, i. . Public Safety_& Hazards Resiliency. The Project is not located near the shoreline and will not be subject to sea level rise. j. Opportunity & Health For All. The Project will promote knowledge of and access to Historic Sites, Hawaiian cultural or traditional practices, and public resources. SECTION 9. CZO DISTRICT CONSIDERATIONS. 9.1 CZO Residential District. The Subject Property is located in the CZO Residential District. The purposes of the CZO Residential District are set forth in CZO Article 4, which provides in relevant part as follows: "Sec.84.1 Purpose. (e) To maintain the character and integrity of communities within residential districts and support residents in continuing to live and raise their families in these neighborhoods." 9.2 Uses And Structures Permitted With A Use Permit. CZO Section 2.4(o contains the Uses and Structures which are permitted with a Use Permit within the CZO Residential District, which include the following: (W:1D0CS28821/11W0156146.D0CX) -18- m (9) Museums, libraries and public services and facilities (12) Retail shops and stores (19) Any other use or structure which the Planning Director finds to be similar in nature to those listed in this Section and appropriate to the District" 9.3 Compliance With CZO Residential District Standards. The use of the Subject Property for museum and retail (gift shop) purposes is consistent with CZO Section 2.4(f) and the Master Permit, 9.4 CZQ Special Treabnent/Public Facilities District. The Subject Property is located in the CZO Special Treatment/Public Facilities District whose purpose and description are set forth in CZO Sections 8-11.1 and 8-11.2, respectively, in relevant part as follows: "Sec.8-11.1 Purpose. The Special Treatment District specifies the additional performance required when critical or valuable social or aesthetic characteristics of the environment or community exist in the same area as a parcel where particular functions or uses may be developed. (a) To designate and guide development of County areas which because of unique or critical cultural, physical or locational characteristics have particular significance or value to the general public. (b) To insure that development within those areas recognize, preserve, maintain and contribute to the enhancement of those characteristics which are of particular significance or value to the general public. JWIDocsl28821/11Wo156140.Docx ) -19- (c) Any or all of these districts may overlap any Use Districts, creating accumulated regulations which more nearly relate to the conditions of the specific location where the development or use may occur. See. 8-11.2 Types Of Special Treatment Districts. (a) There are four (4) Special Treatment Districts as follows: (1) Public Facilities (ST-P). All public and quasi -public facilities, other than commercial, including; schools, churches, cemeteries, hospitals, libraries, police and fire stations, government buildings, auditoriums, stadiums, and gymnasiums, which are used by the general public or which tend to serve as gathering places for the general public; and those areas which because of their unique locations are specially suited for such public and quasi -public uses. 9.5 Compliance With CZO Special Treatment/Public Facilities District, The Project will be part of the Museum operation on the Subject Property and will function as a quasi - public facility used by the general public for cultural activities. It will contribute to the unique historic and cultural characteristics and activities associated with the L1fiu'e Town Core area. SECTION 10. DEVELOPMENT PLAN CONSIDERATIONS. 10.1 Community Plan Area. The Subject Property is located in the Lihue geographic area and is subject to the provisions of the Lihue Community Plan ("LCPIt). 10.2 Land Use. The desired long-range land use pattern for the L1hu'e Town Core Area is shown on the Land Use Maps attached as Figures 4-3, 4.4 and 5.1 of the LCP. The Subject Property is located in the area designated for: Mixed Use (Figure 5-1); Lihue Civic Center (Figure 4-3); and Public Facility/Special Treatment -Public uses (Figure 4-4). (W:/DOCS128821/1/W0156140.DOCX j -20- 10.3 Policy Objectives. The fourteen (14) categories of Policy Objectives contained in Section 2.3 of the LCP, and the Project's compliance therewith, are as follows: 1. Concentrate development within a 10-minute walking radius of the existing communities of Lahu'e, Puhi, and Hanamd'ulu. The Project on the Subject Property is appropriately located in the Lfllu'e Town Core area. 2. Renew and revitalize the Lihu'e Town Core as a walkable, well - landscaped, attractive hub with Rice Street as a central destination. The Project will help renew and revitalize the Lihu'e Town Core/Rice Street area. 3. Forge an identity for the communities in the Lfhu'e District that retains unique character while reinvigorating the individual communities. The Kauai Museum on the Subject Property is one of the historic and community features that reflects the unique qualities of the L1lide District. 4. Introduce and implement smart growth principles to foster walkable, compact, and connected communities within the Lihu'e District. The Kauai Museum on the Subject Property is a prime example of a cultural asset in the midst of a walkable, compact and connected community. S. Define and uphold community character through the application of Special Planning Areas and design standards. The Kauai Museum on the Subject Property is ideally located in the Public Facility/Special Treatment -Public District as a public amenity. b. Provide housing opportunities that will be accessible to Kaua'i's growing population in all market sectors. The Kauai Museum on the Subject Property is part of, and will enhance the growth of, urban residential communities in the Lihu'e area. {W;/D0C5/28821/1/W0156140.D0CX 1 -21- 7. .Increase access to multiple modes of transportation, including bus transit, walking, and bicycling. The Subject Property is located adjacent to public transportation facilities and is accessible by walking and bicycling facilities. &. Set sustainable growth patterns that uphold the vision and take into account planned and permitted uses. The Project is consistent with sustainable growth in Lhu'e. 9. Maintain distinct community edges and green space buffers between communities. The Subject Property is appropriately located within the LUiu'e Town Core area. 10. Preserve agriculture, open space, and preservation uses throughout the majority of the District. The Subject Property is appropriately located in the L1hu'e Town Core area and will have no negative impact on agricultural, open space, and preservation uses in the greater Lihu'e area. 11. Retain historic buildings, #gnificant trees, valued view planes, and cultural resources, and utilize them as anchors in revitalization and reinvigoration efforts. The Project will support the retention and use of the historic Wilcox Building and the cultural and historic preservation values of the Kauai Museum operations. 12. Ensure that public infrastructure and amenities are incorporated into development plans. The Project will be consistent with planned public infrastructure projects in the Lihu'e Town Core. 13. Seek out partnership and funding opportunities for the undergrounding of utilities, in particular in the LYhu'e Town Core along Rice Street. The utilities within the Subject Property will all be underground. {WA)OCS/2882111IWo156140.DOcx } -22- 14. Apply ahupua'a and traditional Hawaiian land use concepts to current needs. The Project is consistent with the ahupua'a and traditional Hawaiian land use concepts applicable to the Llhu'e Town Core. SECTION 11. HRS CHAPTER 343 (ENVIRONMENTAL IMPACT STATEMENTS) CONSIDERATIONS. HRS Chapter 343 requires the preparation of an Environmental Assessment ("EA") and/or an Environmental Impact Statement ('EIS") (jointly, "Environmental Review") for certain activities as specified in HRS Section 343-5, including activities that "Propose the use of state or county lands or the use of state or county funds". As a result, the Applicant prepared the EA in accordance with the requirements of HRS Chapter 343. SECTION 12. NATIVE HAWAIIAN ISSUES, 12.1 Traditional or Cultural Practices. An analysis of the traditional or cultural practices occurring on or related to the Subject Property have been addressed in the Archaeological Assessment. The conclusion contained in the Archaeological Assessment is that uses on the Subject Property will have no substantial impacts on any known traditional or customary practices of native Hawaiians within the Subject Property. 12.2 Summary of !=acts on Traditional or Cultural Practices. In summary, the Project will have no impact on any known traditional or customary practices of native Hawaiians for the following reasons: a. There are no known traditional or customary practices of native Hawaiians that are presently occurring within the Subject Property. b. There are no special gathering practices taking place within any portion of the Subject Property. {w,1D0c8r28821nrw015614-0,UOCX 1 -23- C. The Project will not detrimentally affect: access to any streams; access to the shoreline or other adjacent shoreline areas; or gathering along any streams, the shoreline or in the ocean. Subject Property, d. There are no known religious practices taking place within the e. There are no known pre -contact cultural or historic sites or resources located within the Subject Property. f, There are no known burials within the Subject Property. SECTION 13. CONCLUSION. The Applicant respectfully requests that the Planning Commission: 1. Find that the Project complies with the Master Permit and with the applicable standards contained in the CZO. 2. Find that the Project is consistent with uses allowed in: the SLUC Urban District; the Kauai General Plan Neighborhood Center Land Use Districts; the Lihu`e Community Plan; and the CZO Residential (R 1) and Special Treatment/Public Resources Districts. 3. Make the following findings and determinations with regard to archaeological matters; a. Find that the Project is in compliance with the provisions of HRS Chapter 6E and Title 13, Subtitle 13, Chapter 284 of the Hawaii Administrative Rules (WA>0CSP18921/1/W015614o.DOCX ) -24- b. Find that the Archaeological Assessment satisfies the minimum requirements of Ka Pa'akai O Ka'aina v. Land Use Commission to protect customary and traditional native Hawaiian rights. C. Find that the Planning Commission has independently reviewed and approved the Archaeological Assessment, and the findings and recommendations contained therein. 4. Find that the Project is consistent with the provisions of HRS Sections 1-1 and 7-1 and Article 12, Section 7 of the Hawaii State Constitution and will have no substantial negative impacts on any traditional or customary practices of native Hawaiians. 5. Approve the Project on the Subject Property as described herein. DATED: Lihue, Kauai, Hawaii, October 16, 2018. BELLES GRAHAM PROUDFOOT WILSON & CHUN, LLP By- - MAX W. J. GRAHAM,.JR. [AN K. JUNG Attorneys for Applicant, KAUAI MUSEUM ASSOCIATION, LIMITED, a Hawaii nonprofit corporation In The Matter Of The Application Of KAUAI MUSEUM ASSOCIATION, LIMITED, a Hawaii nonprofit corporation, for a Use Permit, Variance Permit, and a Class IV Zoning Permit for real property situated at Lihue, Kauai, Hawaii, identified by Kauai Tax Map Key No. (4) 3-6-005:005; APPLICATION TO AMEND MASTER PERMIT, EXHIBITS "A' ="D" (w:in0csr28921n/v 015bi4a.nocx ) -25- EXHIBIT LIST A. AUTHORIZATION EXHIBIT Applicant's Authorization..........................................................................................A B. GOVERNMENTAL DOCUMENTS Planning Department Approval Letter(8/23/2005)....................................... ............ B-1 Planning Department Approval Letter(12/9/2009)...................................................B-2 KHPRC Approval Letteron12010)..........................................................................B-3 TaxMap(3-6-05).......................................................................................................0 D. PLANS Kauai Museum Rice Building Addition Plans...........................................................D { W IDOC S/28821111W0156141DOCX EXHIBIT "A" 1. [I, APPLICANT'S AUTHORIZATION APPLICANT. Name: KAUAI MUSEUM ASSOCIATION, Limited Address: Chucky Boy Chock, Executive Director 4428 Rice Street Lihue, Kauai, Hawaii 96756 Telephone: (808) 245-6931 Email: director@kauaimuseum.org AUTHORIZED AGENTS. Name: Max W. J. Graham, Jr., Esq. Ian K. Jung, Esq. Address: Belles Graham Proudfoot Wilson & Chun., LLP 4334 Rice Street, Suite 202 Lihue, Kauai, Hawaii 96766 Telephone: (808) 245-2163 Facsimile: (808) 245-3277 Email: ikj@.kauai-law.com III. PROPERTY. Lihue, Kauai, Hawaii Kauai Tax Map Key No. (4) 3-6-005:005 IV. AUTHORIZATION. The Applicant hereby authorizes the Authorized Agent to act on the Applicant's behalf and to file and process on the Applicant's behalf any and all applications necessary to obtain governmental permits relating to the Subject Property, including, but not limited to, the following: Building permits, grading permits, use permits, variance permits, zoning permits, shoreline setback determinations, and Special Management Area permits issued by any department, agency, board or commission of the County of Kauai. 2. Permits issued by the Department of Health of the State of Hawaii. (w:IDOCS12882111fWG155131.DOCX ) EXHIBIT "A" 1 Permits issued by the Board of Land and Natural Resources of the State of Italvaii and/or the Department of Land and Natural Resources of the State of Hawaii, including shoreline certifications. 4. Permits issued by the Land Use Contm'rssioil of the State of Hawaii. 5. Approval before the United States Department of Agriculture, Natural Resources Conservation Service. DATED: I APPLICANT: r KAUA1 MUSEUM ASSO�ATION. Limited By . _ C14UCKY B(W/CI-1O Its E\ecutive D' actor SW,ID005l2683W1M)55731.DOCK I EXHIBIT "B-1" BRYAN J. BAPTISTP MAYOR GARY K. HEu ADMIN ISTRATME ASSISTANT COUNTY OF KAUA'l PLANNING DEPARTMENT 4444 RICE STREET I(APULE BUILDING, SUITE A473 LINU'E, KAUNI, HAWAI'I 9676e-1328 TELEPHONE: (808) 241-Ml FAX: (808) 241-6090 August 23, 2005 Kauai Museum Association c/o Marc Ventura, AIA 4334 Rice Street Suite 203A Lihue, HI 96766 SUBJECT, Use Permit U-2005-22 Variance Permit V-2005-6 Class IV Zoning Permit Z-IV 2005-28 TMK 3-6-5: 5 Lihue, Kauai, Hawaii [AN K. Con>TA DIRECTOR OR I'LAMING MYLEs S. HiRONAKA DEPUTY DIRECTOROF PLANNING The Planning Commission, at its meeting held on August 23, 2005,rapproved the subject permits for an office and gift shop addition to the Kauai Museum, subject to the following conditions: 1. The Variance granted shall. be for four parking stalls required for the office and gift shop addition, as proposed The Applicant is advised that redesign of the Lihue Civic Center site may require abandonment or relocation of the five existing parking stalls. 2. A Comnaeroial District building setback shall be allowed for the building addition along the western property line, Prior to building permit application, the Applicant shall resolve and comply with the DLNR Historic Preservation Division (SBPD), as noted in the agency comments dated June 20, 2005, and subunit a redesigned version of the building addition to SBPD and the Planning Department for review and approval. 3. Prior to or at the time of building permit application, the applicant shall remit payment of an Environmental Impact Assessment Pee. The fee shall be based on $100 per stall for the four required parking stalls. AN EQUAL', OPPORMNITY RMPLOYER EXMIT '%- l" Kauai. Museum Association c/o Marc Ventura, AiA August 23, 2005 Page 2 4. In order to minimize adverse impacts on the Federally Listed'T.'hreatened Species, Newell's Shearwater and other seabirds, if external lighting is to be used in connection with the proposed proj eot, all external lighting shall be only of the following types; shielded lights, cut-off luminaires, or indirect lighting. Spotlights aimed upward or spotlighting of structures shall be prohibited. 5. The applicant shall resolve and comply with all applicable conditions as recommended by the Water, Fire, and Public Works Departments, and with the State Departments of Health and DLNR Historic Preservation Division. 5, The Planning Commission reserves the authority to impose additional conditions, modify or delete conditions stated herein, or to revolve the subject pmmits through proper procedures should the applicant fail to comply with the conditions of approval or if unforeseen problems aro generated by the proposed use at the project site. 7. The applicant is advised that additional government agency conditions may be imposed, it shall be the applicant's responsibility to resolve those conditions with the respective agmcy(ie ). j6�ioj; l �LA cc: DPW Engineering Div.; DPW Wastewater Div.; Water Dept.; State Dept. of Health; DLNR Historic Preservation Div.; Fire Dept; Finance Dept. Real Property Div. EXHIBIT "B-2" BERNARD P. CARVALHO JR, MAYOR - GAMY K. HF-U AOMIN ISTRATIVE A 8SWANT COUNTY OF KAUA'I PLANNINQ DEPARTMENT "0 RICE STREET KAPULE BUILDING, SUITE A473 LIHU'E, KAURI, HAWAI'I 6e766-1326 TELEPHONE: (808) 241.4050 FAX- (a08) 241.6699 December 9, 2009 Mr. Marc Ventura, AiA 4463 Pahe'e Street, Suite 210 Iihue,ffi 96766 ]AN K. COSTA DIRECTOR OF PLANNING IMAIKAL.ANt P. AIU 09PM EHRMTOR OF PLXOM Subject: Proposed Building Design Revision for an Office and Gift Shop Addition to the Kauai Museum Use Permit U-20005-22 Variance Permit V-2005-6 Class IV Zoning Permit Z-IV 2005-28 Tax Map Key 3-6-05:5 Uhue, Kauai The Planning Commission at its meeting held on December 8, 2009, accepted and approved the design revisions for the proposed office and gift shop addition, Approval is subject to the condition that the Applicant shah, prior to buflding permit application, consult and resolve with the Kauai Historic Preservation Review Commission and the State Historic Preservation Division any applicable recommendations or conditions relative to the new design. IAN K. COSTA Planning Director AN EQUAL OPPC)RV INiTY EWLOYER M11BIT "B-2" EXHIBIT "B-3" BERNARD P. GARVALHO, JR. MAYOR GARY K. NEU ADMINISTRAVVE ASSISTANT COUNTY OF KAUA'I PLANNING DEPARTMENT 4444 RICE STREET KAPULE BUILDING, SLIn A473 LIHU'E, KAUA%HAWAN 86766-132e TE[,EpNONE; (888) 241-6677 FAX: (808) 241.6889 January 7, 2009 Kauai Museum Association, Ltd: c/o Mr. Marc Ventura, AIA 4463 Pahe'e Street, Suite 210 Lihue, IR 96766 Subject: Proposed Building Design Revision fox an Office and Gift Shop Addition to the Kauai Museum Use Pennit U-20005-22 Valiance Permit V 2005-6 Class IV Zoning Pm nit Z-IV-2005-28 Tax, Map Key 3-6-05:5 Lilhue, Kauai IAN K. COSTA DIRECTOR OF PLANNING IMAIKALANI P. AIU DEPUTY DIRECTOR OF PLANNING 'Phis is to inform you that the Kauai Historic Preservation Review Comgdssion (KIORC) at its meeting held on January 7, 2010, accepted the design revisions for the proposed office and gift shop' addition with the following comment 1, The applicant give attention to the physical connection of the proposed addition to the existing northern fagade of the Hyde -Rice building to assure a clean visual break between the existing building's wall line and its materials, and the proposed material of the addition. The KFIPRC wishes to commend the architect and applicant for their continued efforts to retain the historic character of this building. The. Planning department will facilitate the approval of construction and permit plans for this project pursuant to comments gad acceptance by KBTRC aad SHPA, 1K. ZCOSTA Director of Planning Attachment: c: Ms. Jane Gray, Director -Kauai Museum EMfBITT "B—V EXHIBIT "C" K rrn•r xunin T4 p / y c Sic T s r4 FOPS��' s O. -Ol ` � 1 pe �\ \ �� r a�s 1 H•Z o � � `�\ ��sF .� �, K..p% ins � o.� N.. �•' ;,\��� a� O y E�\ ,fib � � yN �, a► � � r� VJ 00 7• 3 4 m w°f T" AWS 1 imm AAA / JAL xm as n! 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