A. The purpose and intent of Kihei-Makena Project District 2 at Pulehunui, Kihei, Maui, Hawaii, formerly known as the “Kihei Gateway Project,” but now known and hereinafter referred to in this chapter as the “Kihei Gateway Park Project,” is to establish permissible land uses and appropriate standards of development for a low-density, environmentally sensitive, and family-oriented theme park emphasizing Maui’s varied cultural heritage, and for unrelated, subordinate commercial uses.

B. The objectives of the Kihei Gateway Park Project are as follows:

1. To provide a stimulating, entertaining and educational experience to residents of and visitors to Maui about Maui’s varied cultural heritage;

2. To increase the employment opportunities for the residents of Maui; and

3. To operate a first-class theme park, with facilities, events, products and services responsive to customer demands.

C. This chapter shall apply to the area designated as Project District 2 in the Kihei-Makena community plan, but excluding the 0.797-acre portion occupied by Suda Store situated in the southwest corner of Project District 2. The Kihei Gateway Park Project shall consist of a single use district and shall include theme-related recreational, entertainment and educational facilities, landscaping, parking, drainageways and waterways intermixed and integrated with commercial facilities. (Ord. 2671 § 1 (part), 1998)

A. Permitted Uses.

1. The following principal uses shall be permitted, provided they are theme-related or support park operations and activities:

a. Amphitheaters,

b. Amusement parks and theme-related retail uses and activities,

c. Antique shops,

d. Apparel and shoe stores,

e. Aviaries, insect, botanical, fish, aquaria, and environmental displays and exhibits,

f. Art galleries,

g. Auditoriums and theaters,

h. Bakery goods stores,

i. Book, stationery and gift stores,

j. Botanical gardens,

k. Candy stores,

l. Classrooms,

m. Cultural exhibits and activities,

n. Day care centers and nurseries for park employees and visitors,

o. Delicatessen stores,

p. Drug stores,

q. Ice cream and snack counters,

r. Jewelry stores, craft, furniture and fine art shops,

s. Miniature golf courses,

t. Museums,

u. News and magazine stands,

v. Parking areas and structures,

w. Photo studios,

x. Picnicking areas,

y. Restaurants, cafes, micro-breweries or bars,

z. Utility and drainage structures and improvements, and

aa. Wedding facilities;

2. The following principal uses shall be permitted:

a. Business offices and agencies,

b. Charity relief organizations,

c. Commercial retail establishments,

d. Professional and financial buildings,

e. Religious, benevolent, and philanthropic societies, and

f. Restaurants, cafes, micro-breweries or bars, and catering establishments;

3. Accessory uses: uses that are incidental and customarily related to the principal uses including, without limitation, maintenance and storage facilities for any of the principal uses.

B. Special uses: uses that are deemed to be compatible, similar and beneficial to the principal uses in the district, which shall be permitted upon approval by the commission.

C. Development requirements for the district shall be:

1. Minimum lot size: ten thousand square feet;

2. Maximum building height: forty-five feet, provided, however, artificial landscaping features, observation platforms, water-feature structures and artificial mountains shall not exceed fifty feet in height;

3. Maximum floor area: fifty percent, including artificial mountains, provided that:

a. At least two-thirds of this area shall be limited to the following theme-related recreational, entertainment and educational uses as provided in section 19.89.020.A.1 herein: amphitheaters, amusement parks, aviaries and similar exhibits, auditoriums and theaters, botanical gardens, classrooms, cultural exhibits and activities, day care centers and nurseries, miniature golf courses, museums, picnicking areas and wedding facilities, and

b. Not more than one-third of this area shall be used for theme-related commercial retail and food establishment uses as provided in section 19.89.020.A.1 herein and for the uses as provided in section 19.89.020.A.2 herein;

4. Minimum building setback: ten feet; and

5. Minimum landscaping requirement: not less than forty percent of the total lot area of the Kihei Gateway Park Project shall consist of natural and artificial landscape features, drainageways, waterways, roadways and parking. (Ord. 2671 § 1 (part), 1998)

Any tract of land or project site within the Kihei Gateway Park Project for which development is sought shall be subject to conditions imposed by the Maui County departments of planning, public works and waste management, and water supply, and by the state departments of health, transportation, and land and natural resources, pursuant to any statute, ordinance, rule or regulation, and shall be further subject to the following standards:

A. Design.

1. Each building or structure shall be designed to conform to the intent of the Kihei Gateway Park Project; and

2. Any amphitheater shall be configured to minimize the acoustical impacts to adjacent residential areas located along Uwapo Road and South Kihei Road.

B. Landscaping.

1. Comprehensive planting of all common and public areas shall be provided;

2. A ten-foot landscape buffer shall be established along Piilani Highway, Mokulele Highway, South Kihei Road and Uwapo Road;

3. Landscaping shall be considered an integral element of the Kihei Gateway Park Project, and shall be utilized for visual screening, shade, definition and environmental control;

4. Environmentally-sound soil preparation, landscape planting, irrigation and landscape maintenance techniques shall be used;

5. Energy and water conservation and recycling techniques shall be used;

6. Waiakoa Stream shall remain in its natural state; however, if improvements are made to Waiakoa Stream, such improvements shall maintain an environmentally sensitive design, such as a grass-lined channel and not a concrete-lined channel, and shall facilitate, to the extent practicable, use as a multi-trail system; and

7. The visual and aesthetic impact of landscaping at the intersection of Piilani Highway and Mokulele Highway, as the gateway into the Kihei-Makena community plan region, shall be considered in the design of the Kihei Gateway Park Project.

C. Signage. A comprehensive signage program shall be established and shall include, without limitation, the types, number, area, format, conceptual design, color scheme, building materials, lighting and installation of all signs in the Kihei Gateway Park Project.

D. Lighting. Lighting shall be designed and installed in a manner that does not adversely affect the surrounding area. Exterior lighting shall be properly shielded and directed away from existing residential areas. A comprehensive lighting plan shall be established for the Kihei Gateway Park Project.

E. Fences and Walls. A comprehensive program shall be established for any fences and walls proposed along the perimeter of the Kihei Gateway Park Project, and shall include, without limitation, the types, dimensions, format, conceptual design, color, building materials, and installation of any such proposed fences and walls. (Ord. 2671 § 1 (part), 1998)