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HomeMy WebLinkAbout6-16-22 Agenda PacketFrom:Robyn Pila To:Marisa Valenciano Cc:Grant Sumile Subject:Sueoka Store - Preservation & Expansion - Design Submittal Date:Thursday, May 26, 2022 4:13:26 PM Attachments:Sueoka Store-Preservation & Expansion-Design Submittal.pdf CAUTION: This email originated from outside the County of Kauai. Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. 26 May 2022 EMAIL MEMORANDUM TO: Kauai County Planning Department Attn.: Marisa Valenciano 4444 Rice Street, Suite 473 Lihue, HI 96766 FROM: Robyn Pila ADM Architecture + Interiors PROJECT: Sueoka Store – Preservation & Expansion ADM Proj.: ABC-41112.10 CRN: KCPD-02 SUBJECT: Design Submittal Please find the attached items regarding the subject project for your review. One (1) 24”x36” PDF copy of Sueoka Store-Preservation & Expansion-Design Submittal, dated March 2022 (15 pages) Should there be any questions, please feel free to contact me at 808.597.1662 or via fax at 808.597.1667. Cc: Grant Sumile SUEOKA STORE PRESERVATION & EXPANSION @ 5392 KOLOA ROAD 1311 Kapiolani Blvd, Suite 608 | Honolulu, Hawaii 96814 | 808.597.1662(o) 808.597.1667(f) DESIGN SUBMITTAL MARCH 2022 MARCH 2022 | Page 21311 Kapiolani Blvd, Suite 608 | Honolulu, Hawaii 96814 | 808.597.1662(o) 08.597.1667(f)@ 5392 KOLOA ROADSUEOKA STORETABLE OF CONTENTS• PROJECT DESCRIPTION, VICINITY MAP, LOCATION MAP, SKFBC DATA, IBC DATA, EXISTING PHOTOGRAPHS • EXISTING SITE PLAN - TMK MAP • EXISTING SITE PLAN W/ EXISTING PHOTOGRAPHS • EXISTING SITE PLAN & PROPOSED BUILDING OVERLAY • PROPOSED SITE PLAN - TMK MAP • EXISTING/DEMOLITION FIRST FLOOR PLAN W/ EXISTING PHOTOGRAPHS • PROPOSED FIRST FLOOR PLAN • PROPOSED SECOND FLOOR / ROOF PLAN • PROPOSED EXTERIOR ELEVATIONS & PROPOSED FINISH MATERIALS • PROPOSED BUILDING SECTIONS • PROPOSED RENDERINGS • SUPPLEMENTAL IMAGES • SUPPLEMENTAL IMAGES 3 4 5 6 7 8 9 10 11 12 13 14 15 MARCH 2022 | Page 31311 Kapiolani Blvd, Suite 608 | Honolulu, Hawaii 96814 | 808.597.1662(o) 08.597.1667(f)@ 5392 KOLOA ROADSUEOKA STOREPROJECT DESCRIPTION,VICINITY MAP, LOCATION MAP, SKFBC DATA,IBC DATA, EXISTING PHOTOGRAPHSIBC Data OCCUPANCY GROUP: M CONSTRUCTION TYPE: VB (W/AUTOMATIC FIRE SPRINKLER) BUILDING HEIGHT & AREA: Vicinity Map Location Map Sueoka Store Project Description History and Preservation of Sueoka Store Sueoka Store was listed on the National Register for Historic Places in 2019. Sueoka Store opened its doors in Koloa Town over 100 years ago and continues to provide produce and general goods to the local community to this day.* Mankichi Sueoka founded Sueoka Store in 1918 after emigrating from Japan. The original store was located in Koloa Sugar Plantation within the Japanese Camp. It was one of two general stores in the Japanese Camp which consisted of approximately 400 households. Mankichi and his wife Yoshi worked hard to ensure the success of the store even providing a delivery service going as far as Lihue and Kealia by horse drawn wagon to deliver specialty dry goods and food from Japan. Mankichi and Yoshi moved Sueoka Store to its current location at the Waterhouse Building in 1933.* The Waterhouse Building was built in 1923 by the Waterhouse-Smith family. The building was originally leased to Koloa Motor Company. In 1933, Sueoka Store started leasing a portion of the building and eventually took over the entire building in 1955. Sueoka Store purchased the site in 1993. The Sueoka Store Building is a one-story wood frame Western False Front style commercial building of the late 19th and early 20th century American Movement. This building has been deemed to have the integrity of design, workmanship and materials of the mid-1920’s and the Western False Front Commercial style. There are two murals on either side of the interior of the store that were painted in the 1950’s by a family friend of the Sueoka’s. Both murals are intact and were deemed historic. There were also recent additions to the building. A clad lean to addition on the ground floor to enclose a walk-in refrigerated storage and a second story refrigeration equipment enclosure. Both were deemed non-historic.* The historic Waterhouse Building exterior will be preserved. The two interior murals along with key interior architectural elements will also be preserved. *From National Register of Historic Places Registration Form prepared by Minatoishi Architects Expansion of Store The expansion of Sueoka Store will enable the store to provide an expanded offering to the local community as well as visitors. The expansion of the store will begin behind the historic exterior of the Waterhouse Building and will respect and coincide with the historic architecture of the Waterhouse Building while not trying to mimic it so as to establish a clear line between what is historic and what is new. The exterior architectural character of the expanded building will utilize a plantation style of architecture similar to what is found within Koloa Town. Tongue and groove, and board and batten siding painted a plantation forest green will be the main exterior cladding and will be accented with white painted wood trim. The expanded area of the store will provide an entry from the rear of the building where the majority of the parking will be located. A covered outdoor lanai at the rear entry will have wood posts, wooden rails and slat windows above creating a relaxed, local style environment where family or friends can sit and have a meal or just “talk story”. The expansion will also “clean up” the property removing scattered storage buildings and containers from around the property and consolidate the necessary storage to one 2 story storage structure at the rear of the expansion hidden from view along Koloa Road. The loading area will be moved to the rear of the property. Although it is preliminary, the approach to the landscaping will be to create a rural, local feel. South Kauai Form Based Code ADDRESS: 5392 KOLOA ROAD, KOLOA, HI 96756 ZONING: T4 VILLAGE CENTER LOT AREA & TMK: SUEOKA STORE LOTS TSUNAMI EVACUATION ZONE: NO DAM EVACUATION ZONE: YES FLOOD ZONE: AE BUILD TO LINE & PARKING SETBACKS: LOT COVERAGE: PER CZO - LOT COVERAGE INCLUDES BUILDINGS AND PAVEMENT, PER SKFBC SHALL NOT EXCEED 80% OF THE LOT REQUIRED - 71,073 SF X 80% = 56,858 MAX SF PROPOSED - 56,512 SF OR 79.5% FLOOR AREA CALCULATIONS: SUEOKA STORE BUILDING HEIGHT LIMIT: 2.5 STORIES MAX DRIVEWAY: 18’ WIDE MAX (<40 STALLS) PARKING: LOT LOT 5 (SUEOKA STORE) PARCEL 34 (PARKING ENTRY) LOT A (CORNER OF STORE BY EXST RESTROOM) LOT B-1 (YAMADA ROAD) LOT 11 (PARKING) LOT 12 (PARKING W/ EXST CONTAINERS) LOT 13 (BACK PARKING LOT) RIVER ROAD LOT 14 (PARKING) LOT 15 LOT 16 LOT 17 LOT 18 MAKAI ROAD TOTAL AREA FRONT SIDE (STREET) SIDE REAR REQUIREMENT VEHICLE - 2 STALLS FOR 1,000 SF BIKE - 5% OF VEHICLE REQUIREMENT REQUIRED PARKING CALCULATIONS VEHICLE ENCLOSED AREA COVERED LANAI FUTURE COMMERCIAL BUILDING TOTAL BIKE - 5% OF 52 PARKING PROVIDED VEHICLE BIKE STORIES: ALLOWABLE STORIES: 2 PROPOSED STORIES: 2 ALLOWABLE AREA (Aa): Aa = At + (At x If) + (At + Is) Aa = 9,000 + (9,000 x .37) + (9,000 x 2) Aa = 30,330 SF PROPOSED AREA: 20,217 SF SUEOKA STORE PHOTO SUEOKA STORE (1990) INTERIOR MURAL 1 - LEFT SIDE INTERIOR MURAL 2 - RIGHT SIDE FIRST FLOOR EXISTING ENCLOSED ENCLOSED ADDITION SECOND FLOOR ENCLOSED ADDITION TOTAL ENCLOSED (SUEOKA STORE BLDG) LANAI COVERED LANAI 1 (SEATING) COVERED LANAI 2 (NO SEATING) TOTAL LANAI (SUEOKA STORE BLDG) FUTURE 1 STORY COMMERCIAL BUILDING TOTAL ENCLOSED (FUTURE COMMERCIAL BUILDING) TMK (4) 2-8-008:035 (4) 2-8-008:034 (4) 2-8-008:029 (4) 2-8-008:028 (4) 2-8-008:027 (4) 2-8-008:026 (4) 2-8-008:025 (4) 2-8-008:024 (4) 2-8-008:023 (4) 2-8-008:022 (4) 2-8-008:020 BUILDING 2’ 2’ - - 18,793 SF / 500 = 37.6 OR 38 STALLS 1,424 SF / 500 = 2.8 OR 3 STALLS 2,880 SF / 500 = 5.8 OR 6 STALLS 47 STALLS 70 STALLS 3 STALLS VEHICLE 30’ 5’ - 5’ LOT SIZE 6,220 SF 10,207 SF 471 SF 3,745 SF 4,553 SF 4,315 SF 6,753 SF 1,870 SF 3,799 SF 6,238 SF 5,742 SF 5,926 SF 5,748 SF 5,486 SF 71,073 SF 7,056 SF 8,302 SF 3,435 SF 18,793 SF 1,329 SF 95 SF 1,424 SF 2,880 SF MARCH 2022 | Page 41311 Kapiolani Blvd, Suite 608 | Honolulu, Hawaii 96814 | 808.597.1662(o) 08.597.1667(f)@ 5392 KOLOA ROADSUEOKA STOREEXISTING ITEMS MARCH 2022 | Page 51311 Kapiolani Blvd, Suite 608 | Honolulu, Hawaii 96814 | 808.597.1662(o) 08.597.1667(f)@ 5392 KOLOA ROADSUEOKA STOREEXISTING ITEMS PRPOSED BUILDING OUTLINE MARCH 2022 | Page 61311 Kapiolani Blvd, Suite 608 | Honolulu, Hawaii 96814 | 808.597.1662(o) 08.597.1667(f)@ 5392 KOLOA ROADSUEOKA STOREEXISTING/DEMOLITION SITE PLAN W/ EXISTING PHOTOGRAPHSA B C D E 1 - REMOVE STORAGE SHED (BLDG 1) 2 - SUEOKA STORE (SEE PAGE 6 FOR MORE INFO) 1 - REMOVE STORAGE CONTAINERS (BLDG 2) 2 - SUEOKA STORE (SEE PAGE 6 FOR MORE INFO) 1 - REMOVE STORAGE SHED (BLDG 1) 2 - SUEOKA STORE (SEE PAGE 6 FOR MORE INFO) 1 - REMOVE STORAGE (BLDG’S 2, 3, 4, 5) 1 - ADJACENT PROPERTY BUILDING 2 - REMOVE STORAGE (BLDG’S 2, 3, 4, 5) 3 - REMOVE STORAGE SHED (BLDG 1) 4 - SUEOKA STORE 5 - ADJACENT PROPERTY BUILDING D B E A C 1 12 1 2 3 4 5 2 1 2 EXISTING DWELLING TO BE REMOVED IN THE FUTURE EXISTING CARPORT TO BE REMOVED IN THE FUTURE (SEE PAGE 6 FOR MORE INFO) VIEW FROM KOLOA ROAD STORAGE CONTAINERS PANORAMIC VIEW FROM REAR DRIVEWAY VIEW FROM BACK PARKING AREA VIEW OF STORAGE EXISTING PORTION OF STORE TO BE PRESERVED EXISTING ITEMS TO BE REMOVED FUTURE ITEMS TO BE REMOVED MARCH 2022 | Page 71311 Kapiolani Blvd, Suite 608 | Honolulu, Hawaii 96814 | 808.597.1662(o) 08.597.1667(f)@ 5392 KOLOA ROADSUEOKA STOREPROPOSED SITE PLAN - TMK MAPFUTURE 1 STORY COMMERCIAL BUILDING (NOT PART OF THIS PERMIT) EXISTING PORTION OF STORE TO BE PRESERVED EXPANSION AREA LANDSCAPING FUTURE BUILDING (NOT PART OF THIS PERMIT) MARCH 2022 | Page 81311 Kapiolani Blvd, Suite 608 | Honolulu, Hawaii 96814 | 808.597.1662(o) 08.597.1667(f)@ 5392 KOLOA ROADSUEOKA STOREEXISTING/DEMOLITION FIRST FLOOR PLANW/ EXISTING PHOTOGRAPHSA B C D E EXISTING PORTION OF STORE TO BE RENOVATED EXTERIOR AREA TO BE PRESERVED EXISTING ITEMS TO BE REMOVEDKOLOA STOREFRONT EXTERIOR TO BE PRESERVEDINTERIOR MURAL TO BE PRESERVED INTERIOR MURAL TO BE PRESERVED EXTERIOR PORTION OF BUILDING TO BE PRESERVED A C B D E 1 - KOLOA STOREFRONT TO BE PRESERVED 2 - ROOFTOP EQUIPMENT SHED TO BE REMOVED 1 - ROOF & SHELL TO BE PRESERVED 2 - ROOFTOP EQUIPMENT SHED TO BE REMOVED 1 - SNACK SHOP TO BE PRESERVED 2 - ROOFTOP EQUIPMENT SHED TO BE REMOVED 1 - WALK-IN COOLER SHED TO BE REMOVED 2 - ROOFTOP EQUIPMENT SHED TO BE REMOVED 3 - ORIGINAL ROOFING TO BE PRESERVED 1 - ROOFLINE TO BE PRESERVED 1 1 1 222 2 3 1 1 VIEW FROM KOLOA ROAD RIGHT SIDE SNACK SHOP WALK-IN COOLER SHED REAR OF BUILDING MARCH 2022 | Page 91311 Kapiolani Blvd, Suite 608 | Honolulu, Hawaii 96814 | 808.597.1662(o) 08.597.1667(f)@ 5392 KOLOA ROADSUEOKA STOREPROPOSED FIRST FLOOR PLANKOLOA STOREFRONT EXTERIOR TO BE PRESERVEDINTERIOR MURAL TO BE PRESERVED INTERIOR MURAL TO BE PRESERVED EXTERIOR PORTION OF BUILDING TO BE PRESERVED EXISTING PORTION OF STORE TO BE PRESERVED EXTERIOR AREA TO BE PRESERVED EXPANSION AREA MARCH 2022 | Page 101311 Kapiolani Blvd, Suite 608 | Honolulu, Hawaii 96814 | 808.597.1662(o) 08.597.1667(f)@ 5392 KOLOA ROADSUEOKA STOREPROPOSED SECOND FLOOR / ROOF PLANEXPANSION EXISTING ROOF TO BE PRESERVED EXPANSION (ROOF) MARCH 2022 | Page 111311 Kapiolani Blvd, Suite 608 | Honolulu, Hawaii 96814 | 808.597.1662(o) 08.597.1667(f)@ 5392 KOLOA ROADSUEOKA STOREPROPOSED EXTERIOR ELEVATIONS & PROPOSED FINISH MATERIALSMR 1PTPT34PT2 MET 1PT1 PAINT TO MATCH EXSTING RED PAINT TO MATCH EXSTING WHITE PAINT TO MATCH EXSTING YELLOW PAINT SHERWIN WILLIAMS SW6447 EVERGREENS MOSS ROCK TO MATCH EXISTING METAL ROOF TO MATCH EXISTING1MR3PT 1PT 2PT 3MET MARCH 2022 | Page 121311 Kapiolani Blvd, Suite 608 | Honolulu, Hawaii 96814 | 808.597.1662(o) 08.597.1667(f)@ 5392 KOLOA ROADSUEOKA STOREPROPOSED BUILDING SECTIONS MARCH 2022 | Page 131311 Kapiolani Blvd, Suite 608 | Honolulu, Hawaii 96814 | 808.597.1662(o) 08.597.1667(f)@ 5392 KOLOA ROADSUEOKA STOREPROPOSED RENDERINGSKOLOA STOREFRONT SECOND ENTRY MARCH 2022 | Page 141311 Kapiolani Blvd, Suite 608 | Honolulu, Hawaii 96814 | 808.597.1662(o) 08.597.1667(f)@ 5392 KOLOA ROADSUEOKA STORESUPPLEMENTAL IMAGESKOLOA STOREFRONT 68’-8” MARCH 2022 | Page 151311 Kapiolani Blvd, Suite 608 | Honolulu, Hawaii 96814 | 808.597.1662(o) 08.597.1667(f)@ 5392 KOLOA ROADSUEOKA STORESUPPLEMENTAL IMAGESSECOND ENTRY DEREK S.K. KAWAKAMI, MAYOR MICHAEL A. DAHILIG, MANAGING DIRECTOR 4444 Rice Street, Suite A473 • Līhu‘e, Hawai‘i 96766 • (808) 241-4050 (b) An Equal Opportunity Employer DEPARTMENT OF PLANNING KA‘ĀINA HULL, DIRECTOR JODI A. HIGUCHI SAYEGUSA, DEPUTY DIRECTOR 000000 Kaua‘i County Historic Preservation Review Commission (KHPRC) DIRECTOR’S REPORT I. SUMMARY Action Required by KHPRC: a. Consideration of proposed plans for the demolition of accessory structures and the expansion of Sueoka Store. KHPRC action may include the following: 1) Support for the project as represented; or 2) A recommendation that its approval of the project should incorporate conditions of approval; or 3) A recommendation to consider denial of the permits; or 4) A recommendation to defer action on the permits II. PROJECT INFORMATION Permit Numbers HPRC-2022-26 Class I Zoning Permit Z-2022-XX Parcel Location: Kōloa, Hawai‘i Tax Map Key(s): (4) 2-8-008:020 (4) 2-8-008:022 (4) 2-8-008:023 (4) 2-8-008:024 (4) 2-8-008:025 (4) 2-8-008:026 (4) 2-8-008:027 (4) 2-8-008:028 (4) 2-8-008:029 (4) 2-8-008:034 (4) 2-8-008:035 Yamada Road River Road Area: See proposed plans LAND USE DESIGNATIONS & VALUES Zoning: T4VC-F and T4N-F Kaua‘i Historic Preservation Review Commission (KHPRC) June 16, 2022 Meeting Sueoka Market Demolition of Accessory Structures and Retail Store Expansion TMK: Multiple TMKs HPRC-2022-26 Page 2 State Land Use District: Urban General Plan Designation: Neighborhood Center Owner(s): SMK Inc. (ABC Stores) III. PROJECT DESCRIPTION The Applicant, SMK Inc. (ABC Stores), is proposing a series of improvements for Sueoka Market that will involve the 1) the demolition of accessory structures and 2) the expansion of the retail store. Demolition of Structures As represented in the preliminary plans, the Applicant is proposing a full demolition of detached accessory structures located behind the store and is proposing a partial demolition of lean-to structures that are attached to the existing store. Full Demolition of Detached Accessory Structures (See Table 1): According to the preliminary plans, there are between 5-10 existing storage sheds and storage containers that are located in different areas behind the store. The Applicant intends to demolish and remove these existing structures to make room for the store expansion. The Applicant has also disclosed future plans for the demolition of a single -family residence and a carport for the construction of a future office building located on TMK: (4) 2-8-008:022 and TMK: (4) 2-8-008:023. As represented in the preliminary plans, the Applicant intends to file separate permits later. Therefore, this future work should not be included as part of this permit review. Table 1: List of Full Demolition Structures TMK Demolition Type Building Type Building Description (4) 2-8-008:034, Yamada Road, River Road, and (4) 2-8-008:026 Full demolition of detached accessory structures Storage Shed with walk in Cooler A single wall wood construction storage shed with a metal walk-in cooler attached to it near the front parking lot and located closest to the Waikomo Stream. (4) 2-8-008:027 (4) 2-8-008:028 and (4) 2-8-008:029 Full demolition of detached accessory structures Storage Sheds and Storage Containers Storage buildings and containers: • 4 adjoined metal storage containers with a wood roof Kaua‘i Historic Preservation Review Commission (KHPRC) June 16, 2022 Meeting Sueoka Market Demolition of Accessory Structures and Retail Store Expansion TMK: Multiple TMKs HPRC-2022-26 Page 3 • Wood construction storage shed with a totung metal roof • Unpainted wood shed structure • Metal storage container Partial Demolition of Structures Attached to the Existing Store (See Table 2): In addition to the demolition of detached accessory structures, the Applicant is proposing to demolish several lean-to structures that are attached to the existing store. The rooftop equipment, which is located above the snack shop, and the walk-in cooler, which is located behind of the snack shop, will be demolished. According to the Applicant, the Sueoka storefront and the Snack Shop storefront will be preserved. Table 2. List of Partial Demolition Projects TMK Demolition Type Building Type Building Description (4) 2-8-008:034 Partial demolition to the store building Attached Rooftop Equipment shed Rooftop Equipment enclosed in a single wall wood shed on a platform built separately from the main building above the Snack Shop. (4) 2-8-008:034 Partial demolition to the store building Attached Walk In Cooler A walk-in cooler enclosed in a single wall wood construction lean to attached to the existing building and a concrete ramp. Retail Expansion The Applicant is proposing to expand the retail store in the back and to the side of the existing store. The proposed rear expansion will be structurally attached to the back of the store and will expand south of the property. The expansion area will cover a portion of Yamada Road and TMKs: (4) 2-8-008:027, 028, and 029. As represented in the preliminary plans, the retail expansion will include the following: • Additional retail space • A 2-story storage area • An outdoor lanai • Restrooms • Breakroom • Rear entry to the store Kaua‘i Historic Preservation Review Commission (KHPRC) June 16, 2022 Meeting Sueoka Market Demolition of Accessory Structures and Retail Store Expansion TMK: Multiple TMKs HPRC-2022-26 Page 4 • General WIC/ WIF/ Meat Prep In addition to the rear expansion, the Applicant intends to propose a small addition that will extend from the side of the snack shop and towards the western parking lot. The new side expansion will cover the area where the existing walk- in cooler is proposed to be demolished, but will not impact any of the front parking stalls that are adjacent to the snack shop. The Applicant intends for the retail expansion to be in keeping with the plantation style architecture that is prominent around Kōloa Town. It should be noted that the proposed retail expansion is contingent on the Applicant obtaining authorization to develop onto the private roadway s and applying for the consolidation of parcels. Although the Applicant will need to resolve these issues prior to the permit application, the KHPRC can still review the Applicant’s plans for demolition and conceptual plans for the retail expansion. IV. PROJECT HISTORY AND BACKGROUND The proposed scope of work will be located on multiple TMKS that the Applicant owns including the store, parking lot, storage areas, roadways, and a single-family residence. Table 3 below identifies all zoning permits associated with the subject property. Table 3. Zoning Permit History by TMK TMK Permits 2-8-008:034 Parking Lot and Store 1963 Tofu Shop R1439 6-1-65 1979 Alt./ addition to exist store- take-out food window service snack shop Z-949-1979 *1995 Replace damaged rafters and corrugated iron on roof OEP Permit R107447 2009 Subdivision Kaua‘i Historic Preservation Review Commission (KHPRC) June 16, 2022 Meeting Sueoka Market Demolition of Accessory Structures and Retail Store Expansion TMK: Multiple TMKs HPRC-2022-26 Page 5 S-2009-24 2012 Subdivision S-2012-11 2-8-008:035 Store 1967 Addition and Alteration to Store R67-186 5-16-1967 *1972 A/C Unit Addition R-188 4-12-1972 *1978-9 Chillbox 10x18 Z-789-1978 B-986-6-79 1979 Alteration and addition to exist store- take out food window service snack shop Z-949-1979 *1992 Interior Renovation (New counter for the storefront) Z-818-1992 2-28-1992 2009 Subdivision S-2009-24 2012 Subdivision S-2012-11 *2012 PV/ Tress Re-infor. Z-449-2012 9-27-2012 2-8-008:020 1984 Kaua‘i Historic Preservation Review Commission (KHPRC) June 16, 2022 Meeting Sueoka Market Demolition of Accessory Structures and Retail Store Expansion TMK: Multiple TMKs HPRC-2022-26 Page 6 Road Kōloa Town Associates Z-IV-1984-24 U-1984-17 1984 Subdivision S-1984-66 2008 Demolition; New Rental, office, warehouse JAM, Inc. Z-IV-2008-18 U-2008-16 2009 Subdivision S-2009-24 2012 Subdivision S-2012-11 2-8-008:027 Parking Lot 2012 Subdivision S-2012-11 2-8-008:028 Storage Equipment 1962 New SFR Ishida R-447 2-12-1962 2012 Subdivision S-2012-11 2-8-008:029 Storage Equipment and Parking 1962 New SFR Ishida R-447 2-12-1962 2009 Subdivision S-2009-24 2012 Subdivision S-2012-11 Kaua‘i Historic Preservation Review Commission (KHPRC) June 16, 2022 Meeting Sueoka Market Demolition of Accessory Structures and Retail Store Expansion TMK: Multiple TMKs HPRC-2022-26 Page 7 2-8-008:022 Existing SFR 2-8-008:023 Existing Accessory Structure 2-8-008:024 Parking Lot 2-8-008:025 Parking Lot 2-8-008:026 Parking Lot N/A *= indicates permits that the Department maintains V. TRIGGER FOR KHPRC REVIEW Hawai‘i Revised Statutes (HRS) §6E-2 defines “Historic property” as “any building, structure, object, district, area, or site, including heiau and underwater site, which is over fifty years old.” Hawai‘i Administrative Rules Title 13 defines “Significant Historic Property” as “any historic property that meets the criteria” for listing on the Hawai‘i Register of Historic Places under HAR 275-6(b) or HAR 2846(b). VI. EVALUATION OF HISTORIC SIGNIFICANCE a. Site/Building/Structure/Object IS Listed on Register – State and National Historic Register b. The property is NOT located in a Historic District c. The property IS over 50 years old and IS by law defined as a “historic property.” d. The subject property IS included on the KHPRC Inventory List Kaua‘i Historic Preservation Review Commission (KHPRC) June 16, 2022 Meeting Sueoka Market Demolition of Accessory Structures and Retail Store Expansion TMK: Multiple TMKs HPRC-2022-26 Page 8 e. The National Register Nomination Form recognizes the Sueoka Store building as historically significant under Criteria A, but is also eligible for listing under Criteria C as a structure that is typical of late 19th century and early 20th century western style commercial buildings. VII. EVALUATION OF PROJECT Evaluation of Demolition: a. The Applicant is proposing the demolition of accessory structures that are either detached or attached to the existing store. Many of the proposed structures slated for demolition are lean-to structures, storage containers, or storage sheds that function as accessory to the retail use. b. Of the zoning permits that the Department maintains, the Department is only able to account for the following accessory structures listed in the table below. Year Zoning Permit TMK Description of Building 1972 R-188 2-8-008:034 and 035 New A/C unit addition to the side of the store 1978 Z-789-1978 2-8-008:035 Chill Box Enclosure 10’ x 18' to the side of the store c. The County of Kauaʻi Real Property Tax Assessment (RPA) information, which predates the Department’s records, maintains a general building outline of Sueoka Store in 1986. According to RPA records, the store was approximately 5,678 sq. ft. and the storage, which was attached to the side of the store, was approximately 1,188 sq. ft. RPA records also show a 580 sq. ft. metal warehouse in 1987 and a 480 sq.ft. tofu factory in 1965. However, RPA records do not maintain a site plan to show the location of each structure in relation to the store. Therefore, it is difficult to confirm if these buildings still exist today. d. The National Register nomination form mentions that the western rear portion of the store may have been part of a major expansion to the store between 1927-1945. The nomination form also states, “the most recent addition to the building was expanded from the historic warehouse addition is a clad lean-to addition is one story with a smaller second story and is non historic.” Although it is unclear when this recent addition took place, the nomination form may be identifying the roof top equipment above the snack shop and the other side additions to the store. These buildings seem to describe the lean- Kaua‘i Historic Preservation Review Commission (KHPRC) June 16, 2022 Meeting Sueoka Market Demolition of Accessory Structures and Retail Store Expansion TMK: Multiple TMKs HPRC-2022-26 Page 9 to structures that the Applicant is proposing for demolition. As represented in the nomination form, these lean-to structures on the store are considered as non-historic. e. Based on the limited information available, the Department is unable to confirm the exact age of each structure and whether or not proper permits were obtained. It appears that the proposed accessory structures may have been modified additions to support the retail use and are unlikely to be historically significant. The proposed demolition of the accessory structures should not impact the historic significance of Sueoka Store. Evaluation of Expansion: f. In preparing the conceptual plans for expansion, the Applicant worked closely with the consulting firm that prepared the National Register nomination form for Sueoka Store. In discussions with the Applicant, the Applicant wanted to ensure that the new expansion would not have any effect on the existing historic property. g. According to the National Register nomination form, it appears that the character defining features of the Sueoka Store include the interior murals and the storefront. The Applicant has clarified that the storefront, interior murals, and the snack shop storefront will be preserved and protected. h. The existing footprint of Sueoka Store is a result of several major expansions and modifications that were done over time. According to the nomination form, the original store was approximately 50’ by 50’ followed by a major rear expansion between 1927-1945. In 1950, a butcher counter was added followed by other modifications over the years. The nomination form also mentions that the subject property has changed over time . According to the Sanborn Maps (updated in 1945), the Sueoka Store western parking lot was once developed with multiple small dwellings that have since been removed from the subject property. i. The proposed rear expansion is in keeping with historical modifications to the store. The intentional placement of the expanded area to the side and back of the store helps to distinguish between the old and the new section. In addition, aside from the 2-story storage building, the general scale and size of the expansion area is in keeping with the overall scale and feeling of Old Kōloa Town commercial buildings along Kōloa Road. Kaua‘i Historic Preservation Review Commission (KHPRC) June 16, 2022 Meeting Sueoka Market Demolition of Accessory Structures and Retail Store Expansion TMK: Multiple TMKs HPRC-2022-26 Page 10 j. Per the Secretary of Interior Standards, the Applicant should consider maintaining a separation from the existing building so that the new retail expansion is not structurally dependent on the existing historic building. k. As represented in the preliminary plans and in the photos provided, it is still difficult to distinguish between the lean-to structures that are located to the side and behind of the snack shop. The Department has requested additional information from the Applicant including exterior elevation plan s of the front view and side view of the structure where the partial demolition is being proposed. The Department would like to ensure that the lean -to structures are not part of the snack shop and will not structurally impact the snack shop building. l. The Department is also concerned about the potential visual impact the 2- story storage building may have on the historic structure. The Department would like to request information about the proposed overall he ight and work with the Applicant on design alternatives to minimize the potential visual impact from the street front view. m. Overall, the proposed expansion would be considered a major and substantial expansion to the existing retail store. However, compliance with the Secretary of Interior standards along with recommendations from the KHPRC, the SHPD, and the public testimony can help the Applicant to develop revised preliminary plans that minimize impacts to the store building and other historic properties in the surrounding area. VIII. RECOMMENDATION The Planning Department recommends that the Kaua‘i Historic Preservation Review Commission DEFER action on this agenda item to a future meeting date when more information is obtained from the Applicant and from the State Historic Preservation Division. However, if the KHPRC decides to move forward and support the project as represented, then the Department would recommend the following conditions of approval for consideration: 1. The Applicant shall ensure that the architectural form, style, and material used for the proposed improvements is consistent with the U.S. Secretary of Interior Standards and Guidelines, and does not detract from or significantly alter the historic integrity of the historic structure. Kaua‘i Historic Preservation Review Commission (KHPRC) June 16, 2022 Meeting Sueoka Market Demolition of Accessory Structures and Retail Store Expansion TMK: Multiple TMKs HPRC-2022-26 Page 11 2. The Applicant shall be cognizant of the HRS 6E -10 review process as it pertains to privately owned properties listed on the Hawaiʻi or National Registers of Historic Places. The Applicant shall formally contact SHPD and comply with any conditions or agency comments. 3. Prior to issuance of the new permit, the Applicant shall submit a letter to the Department to confirm compliance with any EIS/ EA requirement pursuant to HRS 343. 4. Prior to issuance of the demolition permits, the Applicant shall provide the Department with photos of all structures proposed for demolition. This information should also be used to amend and update the Natio nal Register nomination form. 5. The Applicant shall ensure that additional mitigation measures are implemented prior to and during the demolition of structures that are attached to the existing store and snack shop. The Applicant shall take additional mitigation measures prior to and during the demolition of structures to protect the architectural features and structural integrity of the existing store and the snack shop. 6. The Applicant should consider using a paint palette that is consistent with Old Kōloa Town historic buildings. 7. Per the Secretary of Interior Standards, the Applicant should consider maintaining a separation from the existing building so that the new retail expansion is not structurally dependent on the existing historic building. 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 limited to: a. Government agency comments; b. Testimony from the general public and interested others; and c. The land owner’s response. Kaua‘i Historic Preservation Review Commission (KHPRC) June 16, 2022 Meeting Sueoka Market Demolition of Accessory Structures and Retail Store Expansion TMK: Multiple TMKs HPRC-2022-26 Page 12 By _________________________________ MARISA VALENCIANO Planner Approved & Recommended to Commission: By _________________________________ JODI A. HIGUCHI SAYAGUSA Deputy Director of Planning Date: ___________________ 6/6/2022 1.1 1.2 Purpose Definitions 2.1 Coinmission Members 2.2 Organization • 2.3 Meetings 2.4 Adjoimiment 2.5 Quorum and Number ofVotes Necessary for a Decision 2.6 ContinuationofDecisionMaking 2.7 EffectiveDates ofDecisions 2.8 Minutes and Transcripts 2.9 OfEicers and their Duties 2.10 Committees 2.11 Committee Organization 2.12 Standing Coiiunittee 2.13 Select Conunittee 2.14 Committee Reports 2.15 Permitted Interaction Groups 2.16 Voting 2.17 Standaids ofConduct 2.18 Petitions and Submittals to the Commission 2.19 Motions and Amendments 2.20 Motions and Priorities 2.21 Reconsiderations 2.22 Order and Decorum 2.23 Order ofBusmess 2.24 QuestionsofOrder 2.25 ComputationofTime 2.26 Attendance 2.27 News Reporters 2.28 New Rules and Amendments 2.29 When Rules are Silent 2.30 Severability 3.1 Inspection of Public Records 3.2 Where Available 3.3 CopiesofPublicrecords 3.4 Denial of Inspection 4.1 Initiation ofRulemaking Proceedings 4.2 Form and Contents 4.3 Action on Petition 4.4 Notice ofPublic Hearing to Discuss Rule Adoption,Amendment or Repeal 4.5 Commission Action 4.6 Effective Date 4.7 Emergency Rulemaking 1.1 Purpose.The intent and purpose ofthe rules ofpractice aad procedure offlie Kauai Historic Preservation Review Commission is to provide a systematic and democratic method of conducting meetings and hearings in order to insure that all persons and parties will have an opportunity to participate in an open,productive,and orderly manner. 1.2 Defiiutions.As used in these Rules,except as otherwise required by context: (a)"Agency"means the Planning Department offhe County ofKauai or its aufhorized representative. (b)"Connmssion,""Chairperson"and the "Commissiouer"means the Kauai Historic Preservation Review Commission ofthe County ofKauai,State ofHawaii,its Chairperson,and a member thereof,respectively. (c)"Director"means the Plaiming Director ofthe County ofKauai. (d)"Ex parte communication"means private communication or arguments wititi membeis of the commission as to the merits of a proceeding with a view towards influencing the outeome ofaproceeding. (e)"HRS"means Hawaii Revised Statutes. (f)"Meetings"means the convening ofthe Commission for which a quonun is requu-ed in ordei to make a decision or to delibeiate towaid a decision upon a matter over which fhe Commission had advisory power. (g)"Person"means when appropriate to fhe context,not only individuals,but corporations, firms,associations,societies,and federal,state and county departments of agencies. (h)"Presiding OfEicer"means and shall include any member ofthe Commission or hearing a hearing officer duly designated as such.Unless otherwise designated,the Chairperson shall be fhe presiding ofBcer. (i)"Proceedmg"means any matter that is brought before the Commission in which it has advisory authority. (j)"Public Record"means the same as defined in HRS Chapter 92 and shaU mclude maps, rules aud regulations,written statements ofpolicy or interpretation formulated,adopted or used by the contmission meetings and records ofany docket on file with fhe Commission but shall not include records which invades the right ofprivacy ofan individual. (k)"Rules"means the Rules ofPractice and Procedure before the Commission. 4 2.1 Commission Members. (a)The Historic Preservation Review (HPR)Commission shall consist ofnine (9)members, eight (8)ofwhom shall be appointed by the Mayor aad the Council as provided ia Sec. 23.02(B)(2)ofthe County Charter,as amended.At least five (5)ofthe HPR Commissioners shall be professionals ofspecial expertise or interest from five (5)offhe following disciplines:architecture;architectural history;archaeology;history;planning; or Hawaiian culture.The Mayor shall appoint four (4)members,with at least one (1) being a professional in history,one (1)m Hawaiian culture,and one (1)in Planniag.The Council shall appoint four (4)members with at least one (1)being a professional in archaeology and one (1)in architecture/architectural history.The discipliaes of archaeology,architecture or architectural history,history and Hawaiian culture must have professional representation on the HPR Commission,to the extent fhat such professionals are available in the County.In the event such expertise is not available wifhm the County ofKaua'i,experts from within the State may be contacted to service the HPR Commission.When one (1)ofthese six (6)disciplines is not represented in the HPR Commission membership,the HPR Cormnission shall seek through appropriate meaas to acquire expertise in such missing area when consideiing National Register nominations and other actions that will impact properties which are normally evaluated by a professional in such a discipline.In addition,to the extent possible,there shall be one (1) representative HPR Commissioner from each ofthe five (5)Plaiming Areas in the CountyofKaua'i. (b)The tenns ofthe HPR Commissioners shall be staggered,wifh the initial appomtments as follows: (1)One (1)year tenn:two (2)Mayor-appomted HPR Commissioners and two (2) Council-appointed HPR Commissioners. (2)Two (2)year term:two (2)Mayor-appointed HPR Commissioners and two (2) Council-appointed HPR Commissioners. (3)Thiee (3)year temi:the HPR Commissioner appointed by the eight (8)HPR Commissioners previously appointed by fhe Mayor and the Council. (4)Thereafier,fhe tenn ofthe ofBce ofthe HPR Commissioners shall be.fhree (3)years. No HPR Commissioner shall serve more than two (2)successive three (3)year terms. Should a vacancy arise prior to completion ofthe term,an appointment to fill such vacaacy shall be made by the respective appointmg authority only for the unexpired portion ofthe tenn. 2.2 Organization.At the regular January meeting of each year,the Commission shall elect a chairperson and Vice-Chairperson from among its members.They shall serve for a term of one year or uutil their successois are duly elected.No member shall succeed himselfor herselfas chairperson.In the event the Commission is not able to elect a regular Chairperson or Vice- Chairperson from among its members at its first January meeting,the incumbent chair may serve on a hold-over basis for a term not to exceed-ninety (90)days. 2.3 Meetines. (a)Regular meetings offhe Commission shall be held every fourth Thursday ofthe month or on such day as the Conmiission may designate.The Place ofmeeting shall be the Lihue Civic Center,or such other place as may be designated by the Coinmission. (b)Subject to the conditions prescribed by these rules,special-meetings may be called at any time by the chairperson,director,or amajority ofthe commission,who shall state the subject fhereof,and the acts and business ofthe commission at such special meeting shall be confined to such matters. (c)Each member shall be given oral or written notice at least (5)working days prior to a special meeting,unless waived by such member. (d)The Coimnission shall prepare and post an agenda for all meetings ofthe coaimission and its committee's identifying the date,time,place,and subjects to be considered in compliance with the provisions ofHRS Chapters 91 and 92. 2.4 Adioumment.Meetings may be adjoumed at any time by vote,and unless otherwise specified in the motion,every adjoiimment shall be deemed to be the next meeting ofthe Commission. 2.5 Ouorum and Number ofVotes Necessarv for a Decision.Unless otherwise provided by law, a majority of all the members to which the Coinmission is entitled shall constitute a quorum to transact business,andtheconciirrenceofamajorityofCommissionmemberspresentshallbe necessary to make a Commission decision valid,failing which there shall have been no valid action taken. 2.6 Continuation ofDecision Making.Any matter which fails to be validated by majority concurrence ofCominission members present may be contmued to any subsequent regular meeting. 2.7 Effective Date ofCommission Decision.Unless a specific effective date is set forth,the effective date ofa decision rendered by the Commission shall be the date ofthe meeting at which such valid decision was made. 2.8 Minutes and Transcripts. (a)Meetines.In accoidance to HRS 92-9,tbe commission shall keep written niinutes ofall meetings.Unless otherwise required by law,neither a full transcripts nor a recording of the meeting is required,but the written minutes shall give a true reflection ofthe matters discussed at the meeting and fhe views ofthe members. (b)Couies ofRecordmes.In cases where copies ofprerecorded tapes are requested,a fee $5.00 per hour (rounded offto the nearest halfhour)ofrecording time shall be assessed in addition to the costs ofthe tapes used (rounded offto the nearest $.50).Charges may be waived or modified when the requesting person provides the recording equipment, tapes,and perfonns the recording subject to conditions and supervision by the planning department. 2.9 OfGcers and their Duties. (a)Presiding Officer.The Chairperson shall be the presiding officer ofthe Cominission and the Vice-Chairperson shall be the presiding officei ia the absence ofthe chairperson.The presiding ofGcer shall: (1)Open all meeting ofthe Commission at the appointed hour by taking the chair and calling the meeting to order; (2)Call for the approval ofthe minutes of any preceding meetings when a quonnn is present; (3)Maintain order and proper decorum; (4)Aimounce the business before the Cominission in the order prescribed by the rules; (5)Review all matters properly brought before the Commission,call for votes upon the same and announce fhe results; (6)Appoint all committees imless otherwise ordered by the Commission; (7)Authenticate by signature all acts ofthe Comnussion as may be required by law, unless delegated to fhe Plaiming Director; (8)Do and perform such ofher duties as may be required by law,or such as may be properiy appertain to such ofGce; (9)Make knowa all rules oforder when so requested,and to decide all questions or order,subject to an appeal to the Commission; (10)Take into consideiation such matters as shall not be within the scope ofthe duties of powers ofany standing coiimiittee ofthe Commission;or as may be referred by fhe 7 Commission,and to report thereon,together with such recommendations relative thereto as deemed advisable;and (11)Represent fhe Commission in all functions,not otherwise directed by the Commission as the titular head ofthe Commission. (b)Clerk.The Plaiming Director,or through representative staffmembers,shall serve as the Clerk ofthe Commission and shall be directly responsible to provide the following services: (1)To receive,submit,and coordinate all matters properly brought before fhe Commission m consultation with the chauperson; (2)To provide the agenda support materials for all meetings; (3)To read bills,resolutions,and ofher matters to the Commission,as so required; (4)To forward at once to the proper parties all communications and other matters,either diiectly or through a eoiiunittee,as the case may be; (5)To deliver iimnediately to the chairperson ofthe appropriate committee all petitions, resolutions,bills or other matters as may be duly referred to such committee; (6)To serve in all matters as ex-officio clerk ofthe Commission and to do and perform all clencal duties and services pertaiumg to such position as the Coinmission shall from time to time direct,and such as shall by law or the rules,or rules hereafler adopted,be assigned or such as properly pertain to such position;and (7)To have charge ofall records ofthe Commission and be responsible for fhe same. 2.10 Committees.There shall be two kmds ofcommittee: (a)Standing Committees,which shall not exceed five members each. (b)Select Committees,which shall not exceed five members each. 2.11 Committee Organization. (a)All committees ofthe Conumssion,contemplated under fhese rules,shall be appointed by fhe Chairperson subject to confirmation by a majority vote ofthe members ofthe Commission. (b)The &st person named on a committee shall be the chairperson unless otherwise designated.The Committee Chairperson shall call and preside ovei coimmttee meetings aad may designate temporaiy altemate members in order to achieve a quorum and to take action in cases where members are absent. (c)No member shall serve as chauperson ofmore thaa one Standing Committee ofthe Commission. (d)No committee shall meet while the Commission is in session. (e)Committees shall be under the control aad subject to the orders and appropriate rules of the Coiiimission,and shall faithfully carry out such orders. (f)Vacancies on the standing committees shall be filled by the Chailperson ofthe Commission unless ofherwise designated in subsection (b)above aad no member ofthe standing committee shall resign there&om without the consent and approval offhe Commission. (g)A majority ofthe entire membership to which the committee is entitled shall constitute a quorum and the majority vote ofthe membership present shall be necessary to take aay action. 2.12 Standine Committees.The Coinmission may establish fhe necessary standing committees to further the responsibilities and functions ofthe Kauai Historic Preservation Review Commission. 2.13 Select Conunittees.A Select Committee shall consist ofup to five (5)members,unless otherwise ordered by the Commission and shall be appointed from time to time as the occasion reqiiires,serving until discharged after finally reporting on fhe special matter referred to it. 2.14 Cominittee Reports. (a)Every committee shall be responsible for writing and submitting a meeting summa-ry to include a list of attendees,topics covered,decisions and/or recommendations to the Coinmission as whole. (b)Committee chaiiperson or other cominittee members shaU report to the whole Commission at its meetings about the Coinmittee's work on matters referred to them. (c)Select Committees shall report as required by the Commission upon all matters referred to them,unless further time is allowed by vote ofthe Commission. (d)Whenever any matter is referred to a committee,it shall be the duty of such committee to make diligent uiquiry into all ofthe facts and circumstances connected with such matter.Ifnecessary,the County Attomey may be consulted,documents and records searched,and eveiything done to bring all facts pertaining to such matter before the Commission. (e)The report ofthe committee on any matter shall provide an evaluation and recommendation as to the disposal of such matter. 2.15 Pennitted Interaction Grouo.Pursuaat to the rules and regulations ofHRS Section 92-2.5, as amended,interaction ofmembers is permissible. (a)There shall be three methods of ascertaining fhe decision of the Commission upon any matter: 1st,by call ofthe members aad a record made by the Clerk ofthe vote ofeach member; 2 ,by viva voca vote; 3 ,by unammous consent. (b)Whenever fhe Commission is ready to vote on any questions,fhe Chairperson after stating the question,shall put such question to a vote,then announce fhe result ofthe vote to the commission.Upon the request ifany member ofthe Commission,the Clerk shall call the role.Unless a member is excused from voting,his silence shall be recorded as an affinnative vote. (c)No member shall re&ain from votuig unless excused by the Commission. (d)Wlienever the ayes and noes are called,no one,without the unanimous consent,shall be permitted to explain his vote;and after the annoimcement offhe resiilt,no one shall be permitted to vote or to change his vote. 2.17 Standards ofConduct. (a)Disclosure oflnterest.Whenever a possible direct personal financial interest on any matter pending before fhe Commission or any ofits committees becomes apparent,the affected member shall promptfy make a disclosure to fhe Connrussion.Wlien a member had made a disclosure ofinterest and is deemed by the Commission to have as conflict of interest,such conflict shall apply to all subsequent actions relatmg to said matter.A member with conflict ofinterest shall refrain &om voting except where the member s vote is required to constitute a quorum to act in which event he shall be pemutted to vote. (b)Code ofEthics.AU Commission members and ofBcers and employees ofthe Agency shall be subject and comply withthe provision ofChapter 3,Article I,ofthe Kauai County Code,as amended. 2.18 Petitions and Subinittals to fhe Coinmission.Any person may petition the Conimission. Petitions and other submittals shall be in writing,signed by the petitioners or persons presenting fhem. 10 2.19 Motions aad Amendments.Motions and amendments may be verbal,but shall be reduced to writing ifrequested by the chair,and shall be read from the Clerk's desk,ifso desired. 2.20 Motions and Priorities. (a)No motion shall be received and considered by the Commission until the same has been seconded. (b)After a motion is stated or read by the chair,it shall be deemed m fhe possession of,and shall be disposed ofby vote offhe Commission.However,it may be withdrawn by fhe mover with the consent ofthe second at any time before a vote or amendment. (c)Whenever any question shall be under discussion,fhe motions in order relative thereto prior to a vote shall be:first,to table;second,to previous question;third,to modify debate;forth,to postpone definitely;fifth,to commit or recoimnit;and sixfh,to amend; which motions shall have precedence in the order named.The first four motions shall be decided without debate,and shall be put as soon as made. (d)When any of said motions shall be decided in the negative,the same shall not be revived at the same meeting relative to fhe main question under discussion.If all are negative as aforementioned,the only remaining question shall be as to fhe passage or adoption of the application or any other main question. (e)No member shall speak longer fhan five (5)minutes,noi more than twice on the same question without leave ofthe Conunission,unless fhe member is the mover ofthe question pending,in which case fhe member shall be pennitted to speak in reply,but not until every member choosing to speak shall have had fhe opportunity to speak. 2.21 Reconsideration.Wlien a motion has been once made and canied in fhe afEirmative or negative,only a member who voted with fhe prevaiUng side may move,at the same meeting,or at the next meeting,to reconsider it,and such motiou shall take precedence over all other questions except a motion to adjoum. 2.22 Order and_Decorum. (a)No person shall sit at the desk ofthe presiding officer or clerk except by permission of the Chairperson,or at the desk of any commissioner,except by pennission of that cormmssioner. (b)While the Chair is putting any question or addressing the Commission,no one shall walk out ofthe meeting room or across the floor;nor shall anyone entertain a private discourse,or pass between the member and Chair while the member is speakmg. (c)When member are about to speak,they shall address themselves to the Chair,and shall confine their comments to the question under discussion,avoiding personalities. 11 (d)If any member,m speaking or otherwise,transgresses these rules ofprocedure,the chair, or any membei,may call him to order,and when so called to order,he shall immediately qiiiet down.The Chair shall fhen decide the question or order without debate,subject to an appeal to the Commission.In addition,the Chair may call for the sense ofthe Commission on any question oforder. (e)Wlienever any person shall be called to order while speakmg,the member shall be deemed to be in possession ofthe floor when the question oforders is decided,and may proceed with the matter under discussion withm fhe ruling made on the question of order. (f)No unauthorized person shall enter ftie floor ofcommission except by periiiission ofthe presiding ofBcer.The term "floor of Commission"shall mean fhat portion ofthe meeting room general occupied by the Commission and as may be specifically designated by the presiding officer.The presiding ofGcer shall determine,with concurrence of Commissioners,when members ofthe public may speak on topics being discussed and whether any time limitations per speaker will be set. (g)Any person or persons who willfully disrupt a meetiflg or hearing to prevent and comproinise the conduct ofthe meeting may be removed from fhe room. 2.23 Order ofBusiness. (a)After roll-call ssid the approval ofthe agenda and minutes,the Presiding Officer shall call for business m the following order: (1)General business matters before the commission and aimouncements (2)Communications (3)Committee Reports (4)Unfurished Business or Old Business (5)New Business (b)The Commission may,by previous motion,direct that any matter be made a special order ofbusiness,which shall take precedence as indicated in the order. (c)The unfinished business or old business in which the Commission was engaged at the time ofthe last adjoumment shaU have the precedence in the order offhe day except for general business and aiinouncements,commumcations,and coimnittee reports,and invited speakers,and no other business shall be received until such unfuiished business is disposed of,ualess by special leave ofthe Commission. 12 (d)All questions relating to priority ofbusiness to be acted upon by the Commission shall be decided without debate. 2.24 Ouestion ofOrder.A question oforder may be raised at any stage ofthe proceedings, except during a calling ofthe roll when the ayes and noes are called for.Such questions shall be decided by the Chair,without debate,subject to an appeal to the Corrunission. 2.25 Computation ofTime.In computing any period oftime imder the rules herein,by notice,or by any order or regulation offhe Coiiunission,the time begins wifh the day followmg that act, event,or default,and includes the last say ofthe period unless it is aSaturday,Sunday,or legal holiday in which event the period runs until the close ofthe business ofthe next day which Is not a Saturday,Sunday,or holiday. 2.26 Attendance.No member shall be absent from the service ofthe Commission,unless the member has so advised the Chair prior to the meeting or be sick and unable to attend. 2.27 News Reoorters.News reporters wishing to take notes ofthe business ofthe Conmussion may be assigned such places by the Chair without interfering wifh the convenience ofthe Commission. 2.28 New Rules and Amendments.No rule offhe Commission shall be altered or rescinded,nor shall any new rules be adopted without the afBimative vote ofsst least five (5)members ofthe Coimnission. 2.29 When Rules are Silent.For good cause,fhe Commission may vote to suspend the rules. 2.30 Severability.Ifany provision ofthese Rules and Practice and Procedures or fhe application thereofto any person or circumstances is held invalid,fhe invalidity does not affect other provisions or applications ofthese Riiles ofPractice and Procedures which can be given effect without the invalid provision or application,and to this end the provisions ofthese Rules of Practice and Procedures are severable. 13 3.1 Inspection ofPublic Records.All public records shall be available for inspection and copying by any person during established ofiice hours and withinreasonable timelines unless public inspection of such records is in violation of any other state or federal law.. 3.2WhereAvailable. (a)The Public may obtain infonnation on matters within the jurisdiction of the Plamung Depariment and Coimnission for fhe County ofKauai,by inquiring at the principle place ofbusiness ofthe Planaing Department.All rules,orders or opimons offhe agency are on file and available for public inspection at this ofEce durmg business 4444 Rice Street, Suite A473,Lihue,Kauai 96766-1326. (b)Inquiry may be made in person at the agency during business hours or submitting a request for information in writing to the Planning Director,Planniag Department,Kapule Building,4444 Rice Street,Suite A473,Lihue,Hawau 96766-1326 3.3 Copies ofPublic Records.Copies ofpublic records printed or reproduced for persons other than govemmental agencies shall be given to any person provided the applicable fees or costs foi publication,research,and postage are paid. 3.4 Denial oflnspection.Any person aggrieved by the denial by the officer having custody of any public record ofthe right to inspect the record or to obtain copies ofextracts thereofmay seek enforcement action pursuant to HRS Chapter 92. 14 4.1 InitiationofRulemakingProceeduigs. (a)Motion bv Comillission.The Commission may,at time on its own motion,hutiate proceeding for the adoption,amendment,or repeal of any rule or regulation of the Couunission. (b)Petition bv person or Aeencv.Any interested person may petition the Commission for the adoption,amendment,or repeal of any rule or regulation ofthe Commission.Petitions for mlemaking filed with fhe Cominission will become matters ofpublic record. 4.2 Fonn and Contents.Petitions for rulemaking shall contain the name,address,and telephone number of each petitioner;the signature of each petitioner;a draft ofthe substance ofthe proposed rule or a designation ofthe provisions the repeal ofwhich is desired;a statement ofthe petitioner's interest in the subject matter;a statement ofthe reasoas in support ofthe proposed rule,amendment,or repeal and shall deposit with the County Amds sufGcient to cover appropriate meeting publication costs. 4.3 Action on Petition.The Commission shall,withia tturty (30)days after the filing of a petition for rulemaking,eitfaer deny the petition in writmg,stating its reasons for denial or initiate proceedings in accordaace with HRS Section 91-3. (a)Denial ofPetition.Any petition that faUs in material respect to comply with the requirements herein offhat fails to disclose sufficient reasons to justify the institution of public rulemaking proceediags will not be coiisidered by tbe Conunission.The Commission shall notify the petitioner in writmg of such demal,statiag the reasons thereto.Denial ofa petition shall not operate to prevent fhe Commission &om acting,on its own motion,on any matter disclosed in the petition. (b)Acceptance ofPetition.Ifthe Commission detemunes that fhe petition is ia order and discloses siifBcient reasons m support ofthe proposed mlemaking to justify the institution ofrulemaking proceedings,the procedures set forth in these rules and applicable statutes and law shall apply. 4.4 Notice ofPublic Hearina to Discuss Rule Adoption.Amendment,or Repeal. (a)Publication and maiUns.When,pursuant to a petition therefore or upon its own motion, the Commission proposes to adopt,amend,or repeal a rule or regulation,a notice or proposed rulemaking shall be published at least once in a newspaper that is published and issued within the County ofKaua'i and a newspaper with statewide circulation;and such notice shall also be mailed to all persons or agencies who have made timely written requests for advance notice ofthe Commission's ruleinaking proceedings at their last recorded address.The notices shall be published at least thirty (30)days prior to the date set for public hearing. 15 (b)Form.A notice ofthe proposed adoption,amendment,or repeal ofarule or regulation shall include the requirements set forth in HRS Chapter 91-3. 4.5 Commission Action.The Commission shall consider all relevant testimony and documents of record before takuig final action in a rulemakmg proceeding.Final action shoiild be taken within forty-five (45)days after the end ofperiod for submission ofwritten conunents or recommendations. 4.6 Effective Date.AI1 rules shall be filed and take effect pursumt to HRS 91-4. 4.7 Emergencv Rulemaldna.Notwithstanding the foregoing rules,the Commission may adopt emergency rules in accordance to the provision ofHRS 91-3 and 4 ifthe Commission finds that an imminent peril to public healfh or safety requires adoption,amendment,or repeal ofarule or regulation upon less than fhirty (30)days'notice ofhearing,and states in wiiting its reasons for such finding,it may proceed without prior notice or hearing or upon such abbreviated notice and hearing as it finds practicable to adopt aa emergency rule or regulation to be effective for a period not longei than one hundred twenty (120)days without renewal.The emergency rule shall become effective upon filing with the County Clerk. 16 RULES OF PRACTICE AND PROCEDXJBE OF THE COUNTY OF KAUAI HISTORtC.PRESERYATIQN REVIEWCO]'» flSISQN The rules shall become effective ten (10)days upon filing with the County Clerk ofthe County of Kauai. BY ORDER OF THE COUNTY OF KAUAI HISTORIC PRBSERVATION REVIEW COMMISSION. APPROVED THIS' ^k). Victoria Wichman,Chair APPROVED AS TO FOBM AND LEGALITY: Mauna Kea Trask County Attomey C-^emard P.Carvalho,Jr. Mayor ofthe County ofKauai I HEREBY CERTSFY THAT THE FOREGOING RULES WERE RECEIVED AND FILED ]N THE OFFICEOFTHECOUNTyCLERKTmS 8(ti _DAY OP A<4>^-,2017 Jade KSJi<Aintain-Tanigawa County Clerk PUBLIC NOTICE:5/19/17 (Postedwith Office ofCounty Clerk)5/25/17 (Publication,Garden IslmdNewspaper) PUBLICHEAKING:5/25/17. FOR AGAINST ABSTAIN/ABSENT Schneider,Hoomanawanui, Chaffin,Long,Guerber,Ida, Nakea None Arinaga,WIchman Kaua‘i Historic Preservation Review Commission Rules of Practice and Procedure 2.17 Standards of Conduct. (a) Disclosure of Interest. Whenever a possible direct personal financial interest on any matter pending before the Commission or any of its committees becomes apparent, the affected member shall promptly make a disclosure to the Commission. When a member had made a disclosure of interest and is deemed by the Commission to have as [sic] conflict of interest, such conflict shall apply to all subsequent actions relating to said matter. A member with conflict of interest shall refrain from voting except where the member’s vote is required to constitute a quorum to act in which event he shall be permitted to vote. COMPARE Charter, Section 20.04 B. Any elected official … or any member of a board or commission who possesses or acquires such interest as might reasonably tend to create a conflict with such person’s duties or authority … or whose member of such person’s immediate family … is an owner, officer, executive director, or director of an organization in any matter pending before such person shall make full disclosure of the conflict of interest and shall not participate in said matter. New Version: 2.17 Standards of Conduct. (a) Disclosure of Interest. Whenever a [possible direct personal financial interest on any matter pending before the] member of the Commission or any of its committees [becomes apparent possesses or acquires such interest as might reasonably tend to create a conflict with such member’s duties or authority, or whose member of such person’s immediate family possesses or acquires a similar interest, the affected member shall promptly make a disclosure to the Commission. When a member [had] has made a disclosure of interest, they may recuse themselves, or upon motion and affirmative vote of the Commission may be asked to recuse themselves. [and is deemed by the Commission to have as conflict of interest,] S[s]uch conflict shall apply to all subsequent actions relating to said matter. A member with a conflict of interest shall refrain from voting except where the member’s vote is required to constitute a quorum to act in which event s/he shall be permitted to vote.