A. The purpose and intent of project district 2 at Koele, Lanai, is to provide for a flexible and creative approach to development which considers physical, environmental, social, and economic factors in a comprehensive manner.

B. The intent of project district 2 at Koele is to establish a low-density primarily residential and recreational development with hotel facilities in an upland rural setting.

C. This project district is to be complementary and supportive of services offered in Lanai city and will provide housing and recreational opportunities to island residents. Uses include single-family residential, multifamily residential, hotel, open space, park, and public. (Ord. 2139 § 2, 1992: Ord. 1580 § 1 (part), 1986)

A. Permitted Uses. Within the residential districts, the following uses shall be permitted:

1. Principal uses:

a. Single-family detached dwellings;

2. Accessory uses and structures;

3. Special accessory uses:

a. Green houses,

b. Accessory dwelling for a lot with .5 acre or more, subject to the provisions of chapter 19.35.

B. Development standards for residential districts shall be:

1. Minimum lot area, six thousand square feet;

2. Minimum lot width, sixty feet;

3. Minimum building setback:

a. Front yard, fifteen feet,

b. Side yard, six feet, ten feet for the second story of a structure,

c. Rear yard, six feet, ten feet for the second story of a structure;

4. Maximum overall net density, two and one-half units per acre;

5. Maximum height, two stories not to exceed thirty feet. (Ord. 1580 § 1 (part), 1986)

A. Permitted Uses. Within multifamily districts, the following uses shall be permitted:

1. Principal uses:

a. Single-family detached buildings,

b. Apartment houses,

c. Duplexes;

2. Accessory uses and structures.

B. Development standards for multifamily districts shall be:

1. Minimum lot area, one acre;

2. Minimum lot width, one hundred ten feet;

3. Minimum building setback:

a. Front yard, fifteen feet,

b. Side yard, ten feet, fifteen feet for two stories,

c. Rear yard, ten feet, fifteen feet for two stories;

4. Maximum overall net density, six units per acre;

5. Maximum floor area ratio, 0.5;

6. Maximum height, two stories not to exceed thirty feet. (Ord. 2139 § 3, 1992; Ord. 1580 § 1 (part), 1986)

A. Permitted Uses. Within hotel districts, the following uses shall be permitted:

1. Principal uses:

a. Hotel;

2. Accessory uses and structures;

3. Special accessory uses:

a. The following uses shall be operated as an adjunct to, and as part of, a hotel with said hotel having at least twenty-five rooms. Furthermore, these uses shall be operated primarily as a service to, and for the convenience of, the tenants and occupants of the hotel on which premises such services are located.

i. Activities/information center,

ii. Bars, nightclubs,

iii. Flower shops,

iv. Eating establishments,

v. Recreational facilities including horse riding stables, and equestrian trails,

vi. Sundry shops,

vii. Theater/auditoriums,

viii. Ticket agencies;

b. The shops and businesses may be constructed as separate buildings. However, entrances to shops and businesses shall not front on a street.

B. Special Uses. The following are declared special uses in hotel districts, and approval of the commission shall be obtained:

1. Other uses of similar accessory retail character.

C. Development standards for hotel districts shall be:

1. Minimum lot area, one acre;

2. Minimum lot width, one hundred ten feet;

3. Minimum building setback:

a. Front yard, twenty feet,

b. Side yard, ten feet,

c. Rear yard, fifteen feet;

4. Maximum floor area ratio, 0.8;

5. Maximum lot coverage, forty percent;

6. Maximum height, two stories not to exceed thirty feet, except that the planning director may approve a greater height limitation for a structure where the planning director determines that the increased height will enhance the appeal and architectural integrity of the structure, provided that the additional area created by the excess height shall not be used for habitation nor storage;

7. Maximum overall net density, twelve units per acre. (Ord. 2139 § 4, 1992: Ord. 1580 § 1 (part), 1986)

A. Permitted Uses. Within park districts, the following uses shall be permitted:

1. Principal uses:

a. Noncommercial parks and playgrounds;

2. Accessory uses and structures.

B. Development standards for park districts shall be:

1. Minimum lot area, two acres;

2. Minimum lot width, one hundred fifty feet;

3. Minimum structure setback:

a. Front yard, fifteen feet,

b. Side yard, fifteen feet,

c. Rear yard, fifteen feet;

4. Maximum lot coverage, five percent;

5. Maximum height, one story not to exceed twenty feet. (Ord. 1580 § 1 (part), 1986)

A. Permitted Uses. Within the golf course district, the following uses shall be permitted:

1. Principal uses:

a. Golf courses except for miniature golf courses,

b. Historical buildings, structures, or sites;

2. Accessory Uses and Structures. Accessory uses and structures which include, but which are not limited to, the following:

a. One caretaker’s dwelling unit,

b. Cart barns and other equipment, storage, and maintenance facilities,

c. One clubhouse with one snack bar, one restaurant, and a pro shop for the sale and service of golf equipment and materials used for golfing purposes,

d. Comfort and shelter stations,

e. Golf and driving range including instructional and practice facilities,

f. Greenhouses to maintain landscaping on the zoning lot,

g. Indoor and outdoor playing courts, swimming pools, and meeting rooms, provided that no major meeting places such as convention halls and athletic complexes such as tennis centers or other permanent spectator accommodations shall be permitted,

h. Off-street parking and loading,

i. Park furniture,

j. Weight, massage, sauna, and locker rooms,

k. Other accessory uses for which a special use permit has been obtained in accordance with chapter 205 of the Hawaii Revised Statutes.

C. Development standards for the golf course district shall be:

1. Minimum lot area, fifty acres for par three or nine hole; or one hundred ten acres for eighteen hole;

2. Minimum building setback, all yards, fifty feet;

3. Maximum height, thirty-five feet; provided that ten feet of additional height may be permitted if a cart barn is located in the basement level of the structure, and provided further that minor utility facilities, vent pipes, fans, chimneys, and energy-savings devices shall be permitted additional height if the item is mounted on the roof of a facility; except that in no event shall this additional height exceed five feet above the governing height limit.

D. Irrigation. No high level aquifer groundwater will be used for golf course maintenance or operation (other than as water for human consumption) and that all irrigation of the golf course shall be through alternative nonpotable water sources, except as may be allowed from time to time as follows:

1. The director of the department of public works and waste management, after notification of the chairperson and deputy director of the commission on water resources management, the chair of the Maui County council, the Lanai representative on the Maui County council, any appropriate subcommittee established under one of the Maui County council’s standing committees to review water related issues on Lanai, the chair of the Lanai planning commission, and other state and/or county officials as appropriate, may authorize the use of potable groundwater from the high level aquifer if the director finds, in writing, there is an occurrence of an unanticipated event, including but not limited to:

a. Chemical contamination of a nonpotable source by chemicals not approved for application to golf courses in accordance with Golf Course Superintendents Association of American standards; or

b. Chemical contamination of a nonpotable source resulting in chemical concentrations not approved for golf course application by the Golf Course Superintendents Association of America, excluding, however, naturally occurring concentrations of chemicals or minerals; or

c. A water transmission line break resulting in the interruption in the delivery of nonpotable water for golf course irrigation; or

d. Failure of the pumping system used to pump nonpotable water; or

e. A failure in the sewage reclamation systems which provide irrigation water for the golf course; or

f. Draw-down of various lakes or reservoirs due to use of that water to fight fires or other similar emergencies; or

g. Due to the failure of the main electrical power feed to facilities used to irrigate the golf course with nonpotable water; and

h. Under to circumstances shall drought be deemed an unanticipated event such that a permit may be issued.

2. Prior to the director approving the use of potable high level aquifer groundwater for golf course irrigation the golf course owner shall have provided to the director:

a. Materials, reports and other supporting documents setting forth the facts and/or circumstances which gave rise to the immediate need for golf course irrigation with potable high level aquifer groundwater;

b. A plan showing that no continuous physical connection will be made between the potable and nonpotable water systems;

c. A remedial plan to restore the use of nonpotable water in as short a time as possible, and shall include manufacturing and/or shipping times of various items needed for the restoration, as appropriate, and shall further indicate those items will be obtained and/or shipped by the most expeditious means available; and

d. A plan detailing how the following uses will be accommodated, including all sources from which water will be obtained (specifically addressing the use of existing reservoirs and lake water) and a watering/distribution plan, with the priority of uses as follows, such uses being based on a daily average of the historical record of use over the prior twelve month period immediately preceding the unanticipated event:

i. Residential/domestic consumption (excluding irrigation uses),

ii. Commercial, business and resort consumption where potable water is necessarily used,

iii. Agricultural consumption, and

iv. Irrigation (including residential and large scale uses such as the golf course). This part of the plan shall address the order in which portions of the golf course shall cease to be watered as the situation continues.

3. The permit issued by the director shall:

a. Be issued only one time for any single unanticipated event and shall be valid for a period not to exceed thirty calendar days. The director may propose a longer period to the council and the council, by resolution, may indicate its concurrence with the director’s determination that the permit should be issued for a period greater than thirty days. If the council does not so concur, the permit shall be valid for a period not to exceed thirty days. The golf course owner is prohibited from applying for a new permit for the same unanticipated event where the original permit has expired and the remedial action has not been completed, and the director is prohibited from issuing any further permits for the same unanticipated event where the original permit has expired and the remedial action has not been completed;

b. Require the golf course owner to submit weekly reports to the director and the council regarding the status of the situation, efforts made to address the situation, and the amount of potable groundwater used from the high level aquifer for that week. Meter readings shall be physically verified of public works and waste management;

c. Include any conditions or restrictions appropriate and reasonably related to the circumstances surrounding the use of high level aquifer potable groundwater and the remedial work to be done, and also including the authority to impose a cap on the use of such water based on the historical monthly average of use of nonpotable water, in an amount not to exceed two hundred fifty thousand gallons per day.

4. A copy of the permit shall be transmitted to all persons notified pursuant to subsection D1 of this section, the same day it is issued.

E. Reseeding or Regrassing. Notwithstanding Ordinance 2066, at such time as the fairways at the golf course are to be reseeded or regrassed so as to provide the golf course with more water efficient or better quality grass, the golf course owner may make a request of the county council for the use of potable groundwater from the high level aquifer in an amount up to twenty-seven thousand gallons per day per fairway to supplement irrigation water from alternative nonpotable water sources. Such approval shall be by resolution of the council. Such additional water may be used for a period not to exceed twenty-eight days per fairway. Only one fairway shall be irrigated with the additional water at any given time. No more than four fairways shall be reseeded or regrassed during any calendar year. Fairways shall only be reseeded or regrassed between the months of May through October, inclusive. Each fairway shall only be reseeded one time only under the provisions of this section. No continuous physical connection will be made between the potable and nonpotable water systems. In determining whether or not to approve the golf course owner’s request, the council shall ensure that an adequate supply of water shall be available for golf course irrigation in accordance with the priority of uses as follows: (1) residential/domestic consumption (excluding irrigation uses); (2) commercial, business and resort consumption where potable water is necessarily used; (3) agricultural consumption; and (4) irrigation (including residential and large scale uses such as the golf course). If, during the reseeding or regrassing of a fairway, an unanticipated event occurs for which a permit is issued pursuant to subsection D of this section, above, the golf course owner may continue to use potable water for reseeding or regrassing, but only to the extent that such cumulative total of potable water permitted to be used pursuant to subsection D of this section and this subsection does not exceed two hundred fifty thousand gallons per day. (Ord. 2516 § 1, 1996; Ord. 2515 § 1, 1996; Ord. 2139 § 5, 1992)

A. Permitted Uses. Within open space districts, the following uses shall be permitted:

1. Principal uses:

a. Forest reserves,

b. Game reserves,

c. Miniature golf courses,

d. Open agricultural uses not requiring intensive cultivation, including orchards, vineyards, nurseries, and the raising and grazing of livestock other than swine,

e. Parks, botanical, and zoological gardens,

f. Public and quasi-public utility installations and substations,

g. Watersheds, wells, water reservoirs, and water control structures and drainage structures;

2. Accessory uses and structures.

B. Special Uses. The following are declared special uses in open space districts, and approval of the Maui planning commission shall be obtained:

1. Public utilities, including temporary sewage treatment plants;

2. Recreational facilities of an outdoor nature, including cultural and historical facilities, with a minimum of five acres;

3. Riding stables and equestrian trails with a minimum of ten acres.

C. Development standards for open space districts shall be:

1. Minimum lot area, five acres;

2. Minimum lot width, two hundred fifty feet;

3. Minimum building setback:

a. Front yard, fifty feet,

b. Side yard, fifty feet,

c. Rear yard, fifty feet;

4. Maximum height, no portion of any building or structure shall exceed thirty feet in height;

5. Maximum lot coverage, ten percent. (Ord. 2139 § 6, 1992: Ord. 1580 § 1 (part), 1986)

A. Permitted Uses. Within public districts, the following uses shall be permitted:

1. Principal uses:

a. Utility installations and substations;

2. Accessory uses and structures.

B. Development standards for public districts shall be:

1. Minimum lot area, one acre;

2. Minimum lot width, one hundred ten feet;

3. Minimum yard setback:

a. Front yard, twenty feet,

b. Side yard, twenty feet,

c. Rear yard, twenty feet;

4. Maximum height, two stories not to exceed thirty feet.

C. Landscaping Requirements. In public districts a four-foot-wide strip shall surround the perimeter of the structures or buildings. (Ord. 1580 § 1 (part), 1986)

A. The following are established as maximum acreages for various land use categories within the Koele project district:

(Ord. 2139 § 7, 1992: Ord. 1580 § 1 (part), 1986)

Any tract of land for which development is sought in the project district for Koele shall be subject to the following standards:

A. Steep Slopes.

1. “Steep slopes” are defined as lands where the inclination of the surface from the horizontal is twelve percent or greater prior to any grading.

2. A tract master plan shall be provided showing the building envelope, required setbacks, and preliminary drainage plan for each lot within the given tract and shall be reviewed and approved by the planning department during phase III project district review. The planning department may impose mitigative measures to ensure minimum subsidence and erosion on slopes exceeding thirty percent and on portions of the tract which are immediately adjacent to ravines. The tract master plan may include all or any part of the given tract, however phase III approval shall only apply to that part. Prior to the issuance of a building permit for a dwelling on a lot, the grading and erosion control plan for that lot shall be submitted to and approved by the department of public works and waste management, which shall review the final grading plan in accordance with the following criteria:

a. Individual lot drainage shall conform with the approved phase III preliminary drainage plan;

b. Erosion control measures to prevent erosion and sedimentation into the adjoining natural drainageway during construction of the home and exterior improvements shall be specified:

c. A plan shall be submitted for revegetation of all disturbed and exposed slopes. This plan shall show how exposed surfaces will be planted and covered after construction to prevent erosion and sedimentation into the adjoining drainageway; and

d. The planning department may require additional information if deemed necessary to support any request for phase III approval.

B. Ravines and Ravine Buffers.

1. At least ninety-five percent of all ravines shall remain in permanent open space. At least eighty percent of all ravine buffers shall remain in permanent open space.

2. “Ravines” are defined as valleys with sharply sloping walls created by action of intermittent stream waters. Ravine buffer areas are to be shown on the tract master plan and shall be at least equal to ten percent of the mean depth of the lot measured from the top of the ravine wall.

C. Wetlands. Areas such as swamps, marshes, bogs or other similar lands shall remain as permanent undisturbed open space.

D. Woodlands.

1. No more than sixty percent of existing woodland area shall be cleared. The remaining forty percent shall be maintained as permanent open space which may be enhanced by landscape planting as approved by the planning department.

2. “Woodlands” are defined as areas, including one or more lots, covering one contiguous acre or more, and consisting of thirty-five percent or more canopy tree coverage, where (a) trees have a caliper of at least sixteen inches; or (b) any grove of ten trees or more have calipers of at least ten inches. For the purposes of this section, a “grove” is defined as a stand of trees lacking natural underbrush or undergrowth.

E. Other Resources. Areas of important natural, historical, archaeological, or cultural resources or unique physical features, not otherwise mentioned in this section, shall be identified, and provisions shall be outlined to preserve or improve said resource or feature.

F. Design.

1. At least twenty percent of the lot area of each development shall be in protected open space. This includes areas defined in this section but does not include roadways, streets, and parking lots.

2. Each building and structure shall be designed by a Hawaii registered architect to conform with the intent of the project district.

G. Recreational, Community, and Open Space Facilities.

1. Recreational and community facilities shall be provided.

2. Provision shall be made for continuing management of all recreational, community, and open space facilities to insure proper maintenance and policing. Documents to said effect shall be required.

H. Infrastructure. The development shall not burden governmental agencies to provide substantial infrastructural improvements.

I. Landscape Planting.

1. Comprehensive landscaping of the entire development shall be provided, including along streets, within lots, and in open spaces.

2. Landscape planting is to be considered as an integral element to be utilized for visual screening, shade, definition, and environmental control. Furthermore, the use of recycled water is to be considered for irrigation purposes.

J. Signage. A comprehensive signage program shall be designed for the total development area and defined to at least include sizes, format, conceptual design, color schemes, and landscaping.

K. Lighting. Lighting shall be established in a manner so as to not adversely impact the surrounding areas. (Ord. 2407 § 1, 1995: Ord. 2139 § 8, 1992: Ord. 1580 § 1 (part), 1986)

In accordance with section 19.45.050, the applicant shall enter into the following bilateral agreements:

A. A bilateral agreement requiring the applicant to develop and coordinate a training program for all phases of hotel operations; provided, that development other than hotel development within the project district may proceed before the agreement has been executed; and

B. A bilateral agreement requiring the applicant to develop and coordinate an affordable housing program for residents of Lanai; provided, that development other than hotel development within the project district may proceed before the agreement has been executed. (Ord. 1580 § 1 (part) 1986)