Chapter 19.73 LAHAINA PROJECT DISTRICT 1 (KAPALUA)

A. The purpose and intent of Project District No. 1 at Kapalua, Maui, which is referred to as the “Kapalua Resort Project District,” is to establish a mixture of visitor oriented facilities, including hotel accommodations, single and multifamily residences and supporting commercial services within an open space setting organized around a central village core.

B. The provisions of this chapter shall apply to the area designated as project district no. 1 in the Lahaina Community Plan. It shall contain the following use districts:

1. The H-M Hotel districts are intended to permit a medium rise full service hotel with complementary accessory uses. They will be situated to allow guests access to the ocean and neighboring shoreline as well as to provide vistas of the Pacific Ocean and the West Maui Mountains.

2. The multifamily district is generally established outside of the core of the central portion of a town. It is applicable to the area where multifamily units are indicated; yet, the area has not reached a transitional stage wherein public, quasi-public, institutional and other uses are desirable.

3. Village districts are intended to allow natural growth and evolution of a town center. They will consist primarily of compatible residential, hotel, commercial, recreational and community facilities to serve the needs of its residents as well as those of the surrounding region.

4. The park district is applied to the area which is to remain free of major structures, preserve and enhance the natural features of the property, and provide recreational, cultural, educational, limited commercial, and operational facilities to serve the Kapalua resort.

5. The Preservation/Open Space (“P/OS”) district shall be applied to the Honokahua Burial Site of 13.61 acres located along the shoreline makai of a portion of the H-M Hotel district. It is to be preserved because of its significance in Hawaiian culture. It shall be landscaped and maintained in a manner consistent with this purpose.

6. Facilities districts are intended to address undevelopable steep hillsides, drainageways, and buffer zones which are to be generally left in their natural states. (Ord. 1844 § 1 (part), 1989)

A. Permitted Uses. Within the H-M hotel district, the following uses shall be permitted:

1. Any use permitted in residential and apartment districts;

2. Hotel;

3. Apartment-hotels;

4. Auditoriums and theaters;

5. Automobile parking lots and buildings;

6. Golf courses, privately or public owned;

7. Nonprofit museums, libraries and art galleries and philanthropic institutions;

8. Accessory uses:

a. Bar,

b. Barber shops,

c. Beauty parlors,

d. Dancing and hula studios,

e. Flower shops,

f. Gift and curio shops,

g. Haberdasheries,

h. Massage studios,

i. Music stores and studios,

j. Newsstands and magazine stands,

k. Pharmacies and drug stores,

l. Restaurants, with or without night club facilities,

m. Sandwich or coffee shops,

n. Tour service agencies and travel ticket offices,

o. Wearing apparel shops,

p. Other accessory, business or service establishments which supply commodities or perform services primarily for the hotel guests; however, such uses shall be approved by the commission as conforming to the intent of this title;

9. Restrictions on accessory uses:

a. All such hotel and apartment-hotel buildings in which such accessory uses shall be permitted and allowed shall contain more than twenty rooms, and such accessory uses shall be permitted and allowed only as an adjunct to, and as part of, the main building and no other,

b. All such personal service shops and businesses shall be operated primarily as a service to, and for the convenience of, the tenants and occupants of the buildings in which such services are located,

c. Where the lot area is in excess of twenty thousand square feet, doors and entrances to such shops and businesses may be allowed to open to the public street, further, the shops and businesses may be constructed as separate buildings, provided the location of such shops and businesses shall have been approved by the commission.

B. Development requirements for the H-M hotel district shall be:

1. Minimum lot area, fifteen thousand (15,000) square feet;

2. Minimum lot width, eighty-five (85) feet;

3. Maximum structure height, six (6) stories;

4. Maximum lot coverage, thirty (30) percent;

5. Maximum floor area, one hundred (100) percent;

6. Minimum building setbacks shall be provided in accordance with the following table:

No. of Stories	Side Yard	Front and Rear Yards
1 to 3	10 ft.	15 feet
4 to 6	15 ft.

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

1. Residential uses:

a. Multifamily developments, including multifamily dwellings, townhouses and duplexes;

b. Single family detached dwellings; and

c. Residential units constructed over commercial uses.

2. Hotel uses:

a. Hotels, inns and lodges; and

b. Apartment hotels.

3. Commercial uses:

a. Art galleries and dealers as well as artist and craftsmen studios;

b. Bakeries;

c. Bars, taverns, cocktail lounges and nightclubs;

d. Business offices, services and supplies;

e. Camera and photo processing shops;

f. Catering establishments employing not more than five (5) persons;

g. Clinics, medical and dental;

h. Commercial retail establishments;

i. Dance and hula studios;

j. Department and general stores;

k. Eating and dining establishments, provided that drive-through services are not included;

l. Equipment rental and sales;

m. Furniture and interior decorating stores;

n. Gasoline retailing, provided it is operated as an adjunct to a neighborhood store, and provided further that no servicing, repairing, storing, washing or maintenance of vehicles will be permitted on the premises;

o. Hardware and garden supply stores;

p. Fine arts establishments, artist co-ops;

q. Laundromats, laundry and dry-cleaning services;

r. Music studios and conservatories;

s. Nurseries (flower and plants) and greenhouses; provided that all incidental equipment and supplies, including fertilizers and empty cans are kept within enclosed buildings;

t. Personal services establishments;

u. Pet shops, not involving the treatment or boarding of animals;

v. Pharmacies and drug stores;

w. Printing, copying and blueprinting services;

x. Private clubs and fraternal organizations;

y. Professional and financial offices;

z. Radio and television stations and other communication services;

aa. Sign painting shops within wholly enclosed buildings and employing no more than five (5) persons;

bb. Supermarkets and grocery stores, farmers’ markets;

cc. Taxicab and U-drive stations and offices;

dd. Theaters and auditoriums; and

ee. Travel agencies.

4. Recreational uses:

a. Amusement enterprises, including game arcades;

b. Bowling alleys;

c. Golf courses and clubhouses;

d. Health spas and fitness centers;

e. Parks; and

f. Swimming pools, tennis courts, clubhouses and facilities for other court games.

5. Community facilities:

a. Information centers;

b. Conference centers;

c. Museums;

d. Parking lots and structures;

e. Post offices and courier services; and

f. Private schools, vocational and research facilities.

B. Mixing of Uses. Uses may be mixed within any lot or structure.

C. Development requirements for village districts shall be:

1. Minimum lot area, ten thousand (10,000) square feet;

2. Minimum lot width, seventy-five (75) feet;

3. Minimum building setbacks:

a. Front yard, five (5) feet;

b. Side yard, none for exterior walls with no openings; ten (10) feet for any portion of exterior walls containing openings for light and/or air; and

c. Rear yard, none for exterior walls with no openings; ten (10) feet for any portions of exterior walls containing openings for light and/or air.

4. Maximum structure height, three stories, not to exceed forty-five (45) feet; single family dwellings are limited to two stories not to exceed thirty (30) feet;

5. Maximum site coverage, eighty (80) percent; thirty (30) percent where the majority of the ground floor space is occupied by residential uses;

6. Maximum floor area ratio, 1.5 F.A.R. provided, where the majority of the ground floor space is occupied by residential uses shall not exceed 0.65 F.A.R;

7. Dwelling entrances, residential units shall have separate building entrances from other uses; and

8. Residential use, if single-family dwellings are developed as exclusive uses (non-mixed) on a site, the development shall be subject to the following development requirements;

a. Minimum lot area, seven thousand five hundred (7,500) square feet;

b. Minimum lot width; seventy (70) feet.

c. Minimum building setbacks:

1. Front yard, twenty (20) feet;

2. Side yard, six (6) feet, ten (10) feet for second story of a building; and

3. Rear yard, ten (10) feet, fifteen (15) feet for the second story of a building.

If multifamily dwellings are developed as exclusive uses (non-mixed use) on a site, the development shall be subject to development requirements as outlined in the section of this chapter pertaining to multifamily districts.

9. Site location, any proposed development in accordance with the provisions of this chapter, shall be situated within a defined project site, the boundaries of which may or may not reflect actual parcel boundaries.

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

1. Any other business or commercial enterprises which are similar in character of rendering sales of commodities or performance of services to visitors and residents of the area:

a. Civic centers and government offices;

b. Police, fire and rescue stations;

c. Hospitals and emergency treatment facilities;

d. Libraries;

e. Colleges and other institutions of higher education;

f. Churches and other religious institutions;

g. Day care centers;

h. Private hospitals, nursing and convalescent homes; and

i. Utility installations.

E. Off-street Parking Requirements:

1. All or a portion of the required off-street parking for nonresidential uses may be located off-site, provided that said parking is situated within a maximum distance of two hundred (200) feet from the project site and subject to review and approval by the planning commission.

F. Allocation of Uses Within the District. Areas for the village district shall be calculated as follows:

1. The area of commercial, hotel, and residential use shall be based on the total gross floor area of the respective use in a building divided by the number of stories in said building; plus associated uses including but not limited to parking lots (including landscape planting), walkways, swimming pools, and accessory buildings and structures; but not including recreational open space, major circulation facilities and streets, and buffer zones. (Ord. 1844 § 1 (part), 1989)

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

1. Principal uses:

a. Golf courses and driving ranges;

b. Tennis, volleyball and basketball courts;

c. Athletic fields;

d. Archery ranges;

e. Polo fields and stables;

f. Walking and jogging paths;

g. Swimming pools;

h. Parks for passive use;

i. Plant nurseries and orchards;

j. Public facilities and utilities; and

k. Drainage facilities.

2. Special accessory structures which clearly support permitted uses including:

a. Golf and tennis clubhouses with food and beverage services as well as equipment and apparel outlets which primarily meet the needs of the golf and tennis users;

b. Maintenance structures;

c. Shelters, restrooms and kiosks;

d. Greenhouses; and

e. Custodial residences.

B. Development requirements for park districts shall be:

1. Maximum building height, two stories not exceeding thirty (30) feet.

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

1. Restaurants;

2. Amphitheaters, auditoriums and gymnasiums;

3. Zoos and marine parks;

4. Amusement parks; and

5. Other uses which are deemed to be similar, compatible and beneficial to principal uses in the park district. (Ord. 1844 § 1 (part), 1989)

Any tract of land or project site for which development is sought in the Kapalua Resort Project District, with the exception of individual single-family residential dwellings and lots, shall be subject to the following standards:

A. Use Allocations. The following are established as acreage allocation limits for the various land uses within the Kapalua Resort project district:

1. H-M hotel district, not to exceed 30.023 acres.

2. Village district:

a. Hotel, not to exceed twenty (20) acres; and

b. Commercial, not to exceed ten acres.

3. Recreational open space, major circulation, and buffer zones, not less than eighty-nine acres.

B. Design.

1. At least twenty percent of the tract or project site for each development shall be in protected open space. This does not include roadways, streets and parking lots.

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

C. Density.

1. No more than one thousand fifty hotel rooms shall be developed.

2. No more than eight hundred residential units shall be developed.

D. Recreational, Community and Open Space Facilities.

1. Adequate recreational and community facilities shall be provided.

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

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

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

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

H. Archaeological Features. Should any archaeological features be identified within the project district, the appropriate State and county agencies shall be notified. Through consultation with these agencies, appropriate actions shall be undertaken including data recovery, preservation and/or restoration.

I. Steep Slopes.

1. Twelve to less than fifteen percent slope. No more than forty percent of such area shall be developed, regraded, or stripped of vegetation, unless approved by the director of public works.

2. Fifteen to less than thirty percent slope. No more than thirty percent of such areas shall be developed, regraded, or stripped of vegetation, unless approved by the director of public works.

3. Thirty percent slope or more. No more than fifteen percent of such areas shall be developed, regraded or stripped of vegetation, unless approved by the director of public works.

4. “Steep slopes” are defined as lands where the inclination of the surface from the horizontal is twelve percent or greater.

J. Sidewalks. Sidewalks abutting commercial uses within the village districts shall have a minimum width of six feet.

K. Other Resources. Areas of important natural, historical, 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. (Ord. 1844 § 1 (part), 1989)

A. In accordance with the chapter on project district processing procedures, the applicant shall enter into the following agreements:

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

2. A bilateral agreement requiring the applicant to develop and coordinate an affordable housing program for residents of West Maui, provided that development other than hotel development within the project district may proceed before the agreement has been executed;

3. A unilateral agreement requiring the applicant to specify the projects to be developed during the first phase of the project district covering the period 1989 through 1994; and

4. A unilateral agreement requiring the applicant to dedicate to the county of Maui land outside the project district for development and maintenance by the county of Maui as a public park.

B. Notwithstanding any provisions to the contrary herein, the H-M hotel district and tennis complex may be developed upon the approval of the ordinance codified in this chapter. (Ord. 1844 § 1 (part), 1989)