Title 19. Zoning
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)
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