Chapter 19.81 WAILUKU-KAHULUI PROJECT DISTRICT 4 (WAIHE'E)

19.81.010 Purpose and intent.

19.81.020 Park PD-WK/4.

19.81.030 Open space PD-WK/4.

19.81.040 Public/quasi-public PD-WK/4.

19.81.050 Land use categories.

19.81.060 Minimum standards of development.


19.81.010 Purpose and intent.

A. The purpose of this project district is to allow flexibility in planning for the development of Waihe'e by providing for the integration and inclusion of community input during the formulation of all planning phases for the project district, prior to issuing of permits.

B. This project district shall establish a golf course and shall provide for the maintenance of agricultural activities as well as the preservation of archaeological sites, traditional beach access, and of existing sand dune features in the former dairy and beach areas.

C. Except as otherwise provided, uses not expressly stated in this chapter as permitted are prohibited in this project district. (Ord. 2202 § 1 (part), 1992)

19.81.020 Park PD-WK/4.

A. Permitted Uses. Within park PD-WK/4 districts, the following uses shall be permitted:

1. Principal Uses and Structures.

a. Noncommercial parks and playgrounds;

b. Golf courses, except for miniature golf courses; and

c. Historic buildings, structures, or sites and interpretive facilities.

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 per golf course 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 driving ranges including instructional and practice facilities; provided that there shall be no nighttime lighting;

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; and

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

B. Development standards for park districts shall be:

1. Yards, minimum fifty-foot setback; provided that the shoreline setback shall be not less than two hundred feet;

2. 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-saving 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;

3. Golf driving range, no nighttime lighting shall be permitted;

4. Water, nonpotable water shall be used for irrigation unless otherwise authorized by the council. (Ord. 2202 § 1 (part), 1992)

19.81.030 Open space PD-WK/4.

A. Permitted Uses. Within open space PD-WK/4 districts, the following uses shall be permitted;

1. Principal uses:

a. Open agricultural uses including, but not limited to, orchards, vineyards, nurseries, agriculture, and the raising and grazing of livestock except for swine, poultry, and bees;

b. Open areas, parks and playgrounds, botanical gardens, natural, and historical preservation areas;

c. Public and quasi-public utility installations and substations; and

d. Drainageways, retention basins, reservoirs, dry wells, and other drainage facilities.

2. Accessory uses and structures:

a. Cultural and historical facilities, facilities of an outdoor nature;

b. Educational and interpretive facilities;

c. Cemeteries; and

d. Sewage treatment plants and injection wells.

B. Development standards for open space districts shall be:

1. Minimum building setback, all yards, twenty feet;

2. Maximum height, buildings shall be limited to one story and no portion of any building or structure shall exceed fifteen feet in height. (Ord. 2202 § 1 (part), 1992)

19.81.040 Public/quasi-public PD-WK/4.

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

1. Principal uses:

a. Buildings and premises utilized by government agencies; and

b. Utility installations and substations, which will not be hazardous or a nuisance to the surrounding area, including sewage treatment plants.

2. Accessory uses and structures:

a. Sewage treatment plants and injection wells.

B. Development standards for public districts shall be:

1. Minimum lot area, fifteen thousand square feet;

2. Minimum lot width, one hundred square feet;

3. Minimum yard setback:

a. Front yard, fifteen feet,

b. Side yard, ten feet,

c. Rear yard, fifteen feet;

4. Maximum height, one story not to exceed fifteen feet. (Ord. 2202 § 1 (part), 1992)

19.81.050 Land use categories.

A. The following are established as the various land use categories within project district 4 at Waihe'e:

1. Open space;

2. Public;

3. Park.

B. Pursuant to chapter 19.45 of the Maui County Code, pertaining to project district processing during project district phase II review, the Maui planning commission shall review the master development plans for the project district in accordance with the standards established in the project district chapter. (Ord. 2202 § 1 (part), 1992)

19.81.060 Minimum standards of development.

Any tract of land for which development is sought in project district 4 at Waihe'e shall be subject to the following standards:

A. Sand Dunes. To protect and preserve the sand dunes, no grading and site disturbance shall be permitted on the sand dunes areas above the forty-foot elevation contour line; provided, however, that certain exceptions may be permitted for individual holes, tees, and cart paths, but in no event shall the same exceed the sixty-five-foot elevation contour line.

B. Wetland. There shall be no grading or site disturbance within the wetland as determined by the U.S. Army Corps of Engineers unless the Corps of Engineers 404 permit is obtained.

C. Conservation Easement.

1. A conservation easement shall be granted to the State of Hawaii and/or the county for the following areas:

a. That portion of the sand dunes not developed for golf course use;

b. The lands within the conservation district or within two hundred feet of the shoreline, whichever is greater; and

c. That portion of land along Waihe'e stream not developed for golf course use.

2. The project shall comply with the instream uses protection program in accordance with section 174C-71, Hawaii Revised Statutes.

D. Archaeological and Cultural Resources.

1. A mitigation plan for data recovery and preservation plan following inventory survey and subsurface testing shall be approved by the state historic preservation division, state department of land and natural resources, and the Maui County planning department, and reviewed by the Maui County cultural resources commission.

2. Traditional native Hawaiian beach and mountain access trails across the property shall be provided. Additional access trails may be required as determined by the Maui County council.

3. A cultural preserve shall be established and maintained in perpetuity for all areas presently identified as conservation easement and open space, with the addition of sites identified as 50-4-2403 and 50-4-2405. This preserve, with the exception of the sand dune to which the managing agency may limit access for purposes of preservation and conservation, shall be maintained as open and available for public access and cultural uses.

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. Each building and structure shall be designed by a registered architect to conform with the intent of the Waihe'e project district as determined by the planning director.

2. Drainage improvements and roadway improvements may vary from county standards in order to achieve the open space objectives of the project district and to facilitate soil conservation measures. Grassed shoulders and swales may be considered for roadway improvements, and grass-

lined drainage ways and erosion control measures such as retention basins may be incorporated into the golf course design, in order to improve the drainage system design and reduce siltation of nearshore waters. Any drainage and roadway improvements approved by the department of public works which do not conform to county standards shall be maintained by the owner. Alternative design standards shall be reviewed and approved by the director of public works and the planning director.

G. 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 conservation, recreational, community, and open space facilities to ensure proper recognition, maintenance, policing, and recognition of existing recreational areas. 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.

J. Signage. A comprehensive signage program shall be established 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. 2202 § 1 (part), 1992)