A. The purposes of the cluster housing development concept are:

1. To allow development of housing sites which would otherwise be difficult to develop under conventional county subdivision standards;

2. To allow flexibility in housing types, including attached units;

3. To encourage innovative site design and efficient open space;

4. To minimize grading by allowing private roadways, narrower roadway widths, and steeper grades than otherwise permitted;

5. To provide common amenities when appropriate;

6. To encourage affordable housing as defined in chapter 2.86 of this code.

B. It is the intent of the Maui County council that this overlay concept will allow administrative review and approval by the directors of public works and planning, thereby streamlining the development process in order to reduce development costs to the developer and thus housing costs to the consumer. (Ord. 2135 § 1 (part), 1992)

Cluster housing may be constructed in all residential and apartment districts provided that the following minimum land area and density requirements are met:

(Ord. 2135 § 1 (part), 1992)

All uses permitted within the residential and apartment districts, including customary accessory use not inconsistent therewith, shall be permitted, provided that accessory dwellings, pursuant to chapter 19.35 of this title, shall be prohibited. (Ord. 2135 § 1 (part), 1992)

All requests for a cluster housing project shall be processed as follows:

A. Preliminary Conceptual Review. Before the submission of a cluster housing application, the applicant may undergo a preliminary conceptual review of the project with the director of planning in accordance with the following:

1. Submittal of a preliminary site plan drawn to scale showing the following:

a. Approximate location and dimensions of all proposed structures, roadways, common open areas, and recreational facilities;

b. A conceptual landscaping plan, with existing contours at vertical intervals of five feet where the slope is greater than ten percent, and contours not more than two feet where the slope is less than ten percent. Any areas designated for grading shall be indicated and approximate amounts of cut or fill shown.

2. This review shall be completed within twenty-one days from the date the preliminary plan is submitted to the planning department and shall indicate the director’s comments on the basic project concept, the number and general location of all dwelling units and other structures, the location of all common areas and the preliminary landscape plan.

3. The applicant should check with appropriate agencies on availability of utilities and public services.

4. Either after the preliminary conceptual review or as a first action, the applicant may proceed with detailed plans and drawings for the project in compliance with the application requirements.

B. Application Requirements. Any application for a cluster housing project shall be accompanied by:

1. Project name;

2. A location map showing the project in relation to the surrounding area and the location of all major community facilities within a one-half mile radius of the project;

3. A site plan showing:

a. A metes and bounds description and map of the site, prepared and certified by a registered engineer or surveyor, including any deed restrictions,

b. Lot layout and approximate dimensions, lot number of each lot, area of each lot, proposed use of each lot, total number of lots and total area of project,

c. Locations, names, dimensions, approximate gradients, and radius of curves of existing and proposed streets within and adjacent to the project; approximate location and area dimensions of existing and proposed easements; existing and proposed drainage facilities; existing and proposed utilities, including sewers, water, electric, telephone, and refuse,

d. Approximate location of areas subject to inundation or storm water overflow, and all areas covered by waterways, including ditches, gullies, streams, and drainage courses within or abutting the site and features such as slide areas or falling boulder areas likely to be harmful to the project or the surrounding area,

e. Existing contours at vertical intervals of five feet where the slope is greater than ten percent, and contours not more than two feet where the slope is less than ten percent,

f. The finished condition to be achieved by proposed grading to be shown by contours, cross sections, spot elevations or other means, and estimated quantities of cut and fill. Elevations shall be marked on such contours based on established benchmarks,

g. Approximate location and general description of any historical or significant landmarks or other natural features, and trees with a trunk diameter of six inches or more at five feet above ground, and an indication of the proposed retention or disposition of such features,

h. Location, size, spacing, setbacks and dimensions of all existing and proposed structures and improvements, including the number and type of dwelling units,

i. The shoreline, shoreline setback lines, beach access, and stream and other setback lines, when applicable,

j. Location with notations, and the sizes of all parcels of land, including streets, improvements, facilities, and easements, proposed to be dedicated to the county, or whether the streets, improvements, facilities, and easements are to be private,

k. Number and location of dwelling units and guest parking (covered and uncovered),

l. Abutting land uses;

4. Architectural drawings showing elevations, sections, and dimensions of buildings and units;

5. Landscape plan showing location, type, and size of existing and proposed new vegetation.

C. Director’s Decision. The director of planning shall either approve, approve with modifications, or deny, stating in writing the reasons for denial, the cluster housing application based on the following criteria:

1. The applicant’s compliance to the provisions of this chapter and title 18 of the Maui County Code;

2. The applicant’s compliance with requirements of other government agencies;

3. Assurance that the proposed development will be of a quality and character compatible with surrounding land uses and will not have a detrimental effect on the health, safety, and welfare of persons living or working in the area, as would any use or uses generally permitted in the district. (Ord. 2135 § 1 (part), 1992)

A. Except as otherwise provided in this chapter, all other requirements and standards of the underlying zoning district shall apply.

1. Within cluster housing projects, detached, duplex, and multifamily dwellings shall be permitted. Multifamily dwellings shall not exceed eight dwelling units in one structure.

2. All structures containing more than two dwelling units shall be set back a minimum of twice the required side and rear yard setback from adjoining properties, provided that this setback need not be provided if the adjoining properties are separated by a permanent open space in excess of fifteen feet in width.

3. All common activity areas, such as tot lots, playcourts, swimming pools, and barbecue facilities, shall be set back a minimum of twenty-five feet from all adjoining property lines and walls of the units in the project.

4. The minimum front yard setback for the abutting property may be less than that of the underlying zoning district if (a) a private roadway abuts the neighboring property and (b) a suitable wall, landscaped buffering, or a combination of both, is developed along the roadway. The director of planning shall determine, based upon rules promulgated by the planning department, whether the wall and/or buffering are suitable.

5. Yard and height setbacks abutting the boundaries of the entire cluster development site shall not be less than minimum requirements of the underlying zoning district. Additionally, the front yard for all lots fronting public streets shall not be less than the front yard requirement of the underlying zoning district.

6. Maximum building area shall not exceed fifty percent of the total land area for the project. Maximum building area for any lot of record may be more than fifty percent in response to design consideration but in no event shall this area exceed eighty percent.

B. Except for section 19.83.040 A of this chapter, the director of planning may waive the aforementioned requirements if suitable buffering by landscaping and/or fence/wall is provided.

C. The director of planning may establish supplemental design guidelines further illustrating the above site design standards.

D. The director of public works, in consultation with the director of planning, may waive the roadway, sidewalk, and drainage requirements in accordance with criteria established in title 18 of the Maui County Code. (Ord. 2135 § 1 (part), 1992)