A. The purpose and intent of Kihei-Makena project district 9 (Wailea 670) at Paeahu, Palauea, Keauhou, Honuaula, District of Makawao, Maui, Hawaii, is to establish permissible land uses and appropriate standards of development for a residential community consisting of single-family and multifamily dwellings complemented with village mixed uses, all integrated with an eighteen-hole golf course and other recreational amenities.

B. The objectives of Kihei-Makena project district 9 (Wailea 670) are as follows:

1. Provide a mix of single-family and multifamily housing;

2. Emphasize community development with single-family, zero lot line, and multifamily units complemented with village mixed uses primarily serving the residents of the community;

3. Integrate the golf course and recreational amenities with the different uses comprising the project;

4. Integrate bicycle/pedestrian recreation ways into the project’s parks, and include buffer zones between residential areas and the Piilani Highway extension corridor.

C. This chapter shall apply to the area designated as project district 9 (Maui Wailea 670) in the Kihei-Makena community plan, being those certain parcels of land east of Wailea Resort, south of Maui Meadows and north of Seibu Mauka and located at Paeahu, Palauea, Keauhou, Honuaula, District of Makawao, Maui, Hawaii. (Ord. 3553 § 2 (part), 2008)

A. The land use subdistricts for Kihei-Makena project district 9 (Wailea 670), and the maximum allowable densities and acreage for each land use subdistrict, shall be as follows:

B. The number of dwelling units that may be constructed in Kihei-Makena project district 9 (Wailea 670), together with any associated off-site residential workforce housing units, shall not exceed one thousand four hundred; provided that, no more than one hundred market rate units per year, cumulatively, commencing from project district phase I approval, shall be constructed within the project district, with no limitations on the number of affordable housing units that can be constructed each year. Four hundred fifty affordable units shall be within the project district.

C. The aggregate floor area of all structures for those uses specified in section 19.90A.070.A.1.b through w of this chapter shall not exceed a total floor area of one hundred thousand square feet.

D. The conceptual land use map attached to the ordinance codified in this chapter as exhibit “1” is adopted and is made a part of this section by reference. (Ord. 3553 § 2 (part), 2008)

Except as provided in this chapter, Kihei-Makena project district 9 (Wailea 670) shall be subject to all federal, state and municipal statutes, ordinances, rules, and regulations, and shall be further subject to the following standards:

A. Environment.

1. Existing natural drainageways shall remain as open spaces and their hardening shall be discouraged, provided that landscaping, walkways, bikeways, roadways, fences, drainage, and minor recreational and other structures, which do not either detract from the natural environment or adversely affect drainageways and improvements, shall be permitted.

2. The drainage master plan shall incorporate the golf course and open spaces as areas for stormwater retention and desilting basins.

3. Grading of the project site shall be encouraged to retain the existing rolling topography and natural drainageways.

4. Traditional native Hawaiian beach and mountain access trails across the property shall be provided, to include the Kanaio Kalama Park Road, as shown on the map attached to the ordinance codified in this chapter as exhibit “2,” which is adopted and made a part of this section by reference.

B. Energy Efficiency. The requirements of chapter 16.16 of this code shall apply.

C. Infrastructure and Public Services.

1. Kihei-Makena project district 9 (Wailea 670) shall not burden government agencies by requiring the provision of major infrastructure improvements or public services.

2. Private, nondedicable, resort-residential roadway and pedestrian access standards that meet health and safety requirements shall be reviewed for purposes of phase II approval.

3. Roadways shall incorporate landscaped bike/pedestrian ways as part of a comprehensive system of landscape roads and bike/pedestrian ways within the project. A conceptual circulation plan, including, but not limited to, design concepts and circulation patterns, shall be reviewed for purposes of phase II approval.

4. Nonpotable water shall be used for golf course irrigation unless otherwise authorized by the council of the County of Maui.

5. A conceptual engineering report for the project, including, but not limited to, an identification of pre- and post-development impacts, on- and off-site improvements, and design and systems plans, shall be reviewed for purposes of phase II approval.

6. A conceptual recreational plan identifying the golf course, recreational amenities, and access ways, including, but not limited to, locations, integration with bike/pedestrian ways, and design concepts, shall be reviewed for purposes of phase II approval.

D. Design.

1. Each building or structure shall be designed by a licensed architect in conformance with the intent of Kihei-Makena project district 9 (Wailea 670).

2. Conceptual architectural and landscape architectural plans, including lighting and mechanical plans, shall be reviewed by the Maui County urban design review board for purposes of phase II approval.

3. Conceptual design guidelines shall be reviewed by the Maui County urban design review board for purposes of phase II approval.

4. The height of any structure within the project site shall be measured in accordance with section 19.04.040 of this code.

E. Landscape Planting.

1. Comprehensive landscaping shall be provided for all community common areas, including along streets and drainageways, and in improved open spaces.

2. Landscaping shall be considered an integral element of the project and shall be used for visual screening, shade, definition, and environmental control.

3. Existing native Hawaiian species shall be retained or relocated, to the extent practicable.

4. Use of native Hawaiian species shall be encouraged.

5. A minimum one hundred foot wide fire buffer area, with a minimum fifty-foot wide landscape buffer area within it, shall be provided between the southern boundary of the Maui Meadows subdivision and Kihei-Makena project district 9 (Wailea 670). No structures, except rear and side boundary walls or fences, shall be permitted in the buffer.

6. A minimum twenty-foot wide landscape buffer area shall be provided for single-family and multifamily development adjoining the Piilani Highway extension corridor.

F. Signs. A comprehensive sign program, consistent with chapter 16.12A of this code, as amended, shall be established for all signs within Kihei-Makena project district 9 (Wailea 670). The comprehensive sign program shall include, but not be limited to, type, number allowable, area, format, conceptual design, color scheme, building materials, lighting, and installation. The sign program shall be reviewed by the Maui County urban design review board.

G. Housing. Kihei-Makena project district 9 (Wailea 670) shall comply with affordable housing requirements duly adopted by the County of Maui. (Ord. 3553 § 2 (part), 2008)

A. Permitted Uses and Structures. The following uses and structures shall be permitted in the single-family residential subdistrict:

1. Principal uses and structures:

a. Any use or structure permitted under chapter 19.08 of this code;

b. Minor utility facilities; and

c. Zero lot line residential developments.

2. Accessory Uses and Structures. Accessory uses and structures located on the same lot and incidental and customarily found in connection with the principal uses, including, but not limited to:

a. Accessory uses and structures permitted in chapter 19.08 of this code;

b. Adult day care homes in which residents of the home provide care for not more than six adults, provided, that such homes shall be approved by appropriate governmental agencies;

c. Antennae and antennae dishes, provided that ground dish antennae shall not exceed ten feet in height, shall be screened by walls, earth berms, and/or landscaping with a minimum height of four feet, and that any roof- or wall-mounted antennae shall meet the development standards for maximum height of the single-family residential subdistrict and the multifamily subdistrict;

d. Garages, private;

e. Greenhouses;

f. Home occupations;

g. Maintenance and storage structures;

h. Off-site noncommercial parking areas for resident and guest parking as approved by the planning director;

i. On-site or off-site real estate sales offices and model home complexes, limited to the sale of units within Kihei-Makena project district 9 (Wailea 670) and as approved by the planning director;

j. Park equipment, furniture and restroom facilities;

k. Parking lots;

l. Resident recreational uses and structures that perform or offer facilities and services for owners, their tenants and social invitees, which may be located on a separate lot, and as approved by the planning director;

m. Small scale energy systems that are incidental and subordinate to a principal use or structure;

n. Swimming pools; and

o. Other uses and structures that are determined by the planning director as meeting the intent of this section. 3. Special uses:

a. Special uses and structures permitted in chapter 19.08 of this code;

b. Adult day care homes for more than six adults; and

c. Uses and structures that are similar to, and compatible with, the principal uses or structures and which conform to the intent of this chapter may be approved by the Maui planning commission.

B. Development Standards. The following development standards shall apply to the uses and structures in the single-family residential subdistrict, except that zero lot line residential developments shall comply with sections 19.09.060 to 19.09.090, inclusive, of this code:

1. Minimum lot area: seven thousand five hundred square feet;

2. Minimum lot width: sixty-five feet;

3. Minimum yards:

a. Front yard: fifteen feet,

b. Side yard: six feet for one-story buildings and ten feet for two-story buildings, and

c. Rear yard: ten feet;

4. Maximum height: thirty feet and two stories, except that vent pipes, fans, chimneys, antennae, and rooftop solar collectors may exceed such height limitation by not more than eight feet. (Ord. 3553 § 2 (part), 2008)

A. Permitted Uses and Structures. The following uses and structures shall be permitted in the multifamily residential subdistrict.

1. Principal uses and structures:

a. Any use or structure permitted in the single-family residential subdistrict;

b. Two-family or duplex dwelling units; and

c. Multifamily dwelling units.

2. Accessory Uses and Structures. Accessory uses and structures located on the same lot and incidental and customarily found in connection with the principal uses, including, but not limited to:

a. Accessory uses or structures permitted in the single-family residential subdistrict; and

b. Other uses and structures as determined by the planning director as meeting the intent of this section.

3. Special uses:

a. Special uses or structures permitted in the single-family residential subdistrict; and

b. Uses and structures that are similar to, and compatible with, the principal uses or structures and which conform to the intent of this chapter may be approved by the Maui planning commission.

B. Development Standards. The following development standards shall apply to the uses and structures in the multifamily residential subdistrict, except that those uses permitted in the single-family residential subdistrict shall follow the development standards of the single-family residential subdistrict:

1. Minimum lot area: ten thousand square feet;

2. Minimum lot width: seventy feet;

3. Minimum yards:

a. Front yard: fifteen feet for one-story and two-story buildings, and twenty feet for three-story and four-story buildings,

b. Side yard: ten feet for one-story and two-story buildings, and fifteen feet for three-story and four-story buildings, and

c. Rear yard: fifteen feet for one-story and two-story buildings, and twenty feet for three-story and four-story buildings;

4. Maximum height: fifty feet and four stories, except that elevator shafts, air conditioning equipment, vent pipes, fans, antennae, and solar collectors may exceed such height limitation by not more than ten feet;

5. Maximum lot coverage ratio: thirty-five per cent;

6. Maximum floor area-lot area ratio: ninety per cent.

(Ord. 3553 § 2 (part), 2008)

A. Permitted Uses and Structures. The following uses and structures shall be permitted in the recreation and open space/utility subdistrict:

1. Principal uses and structures:

a. Athletic courts and fields;

b. Community and recreation centers;

c. Drainage, utility, and erosion control systems;

d. Golf course and golf driving ranges;

e. Greenhouses and nurseries, limited to the propagation of plants;

f. Historic buildings, structures, and sites;

g. Open land recreation;

h. Parks, playgrounds, and landscaped common or open space areas;

i. Swimming pools;

j. Trails and bike-pedestrian ways;

k. Utility facilities, major and minor; and

l. Wells and reservoirs.

2. Accessory Uses and Structures. Accessory uses and structures located on the same lot and incidental and customarily found in connection with the principal uses, including, but not limited to:

a. One caretaker’s dwelling unit, accessory to the golf course, with a total gross floor area of not more than one thousand five hundred square feet and as approved by the planning director;

b. Accessory uses and facilities normally associated with golf courses, including, but not limited to, cart barns, equipment, storage and maintenance facilities, instructional and practice courses and facilities, driving ranges, comfort and shelter stations, and other uses determined by the planning director to be accessory or compatible. Appropriate mitigative measures shall be implemented to minimize impacts from noise, lighting, and noxious odors on surrounding land uses, including, but not limited to, landscape screening, noise barriers, insulation, shielded and downward projected light fixtures, and other reasonable and appropriate measures;

c. Comfort and shelter stations;

d. Greenhouses;

e. Maintenance and storage facilities;

f. Off-street parking and loading;

g. Park furniture and equipment; and

h. Other uses and structures as determined by the planning director as meeting the intent of this section.

3. Special Uses. Uses and structures that are similar to, and compatible with, the principal uses or structures and which conform to the intent of this chapter may be approved by the Maui planning commission.

B. Development Standards. The following development standards shall apply to the uses and structures in the recreation and open space/utility subdistrict:

1. Minimum front, side and back yards: twenty feet;

2. Maximum height: thirty-five feet.

(Ord. 3553 § 2 (part), 2008)

The village mixed use subdistrict envisions a community center comprised of a mix of residential, commercial, and recreational and community facilities serving the needs of residents and guests. The intent of the village mixed use subdistrict is to create community identity and character with landmark buildings and a grouping of services within a central core that includes a mix of uses.

A. Permitted Uses and Structures. The following uses and structures shall be permitted in the village mixed use subdistrict:

1. Principal uses and structures:

a. Any use or structure permitted in the single-family residential subdistrict or the multifamily residential subdistrict;

b. Automobile service stations;

c. Day care facilities;

d. Eating and drinking establishments;

e. Education, general;

f. Education, specialized;

g. Eleemosynary organizations;

h. Food and beverage, retail;

i. General merchandising;

j. General office;

k. Medical center, minor;

1. Parking area, public; provided the parking lot and/or building shall be appropriately screened in accordance with chapter 19.36 of this code, and exterior lighting shall be shielded from adjacent residential properties;

m. Personal and business services;

n. Private clubs or fraternal organizations;

o. Public facility or public use;

p. Quasi-public use or quasi-public facility;

q. Recreation, indoor;

r. Religious institutions;

s. Religious, benevolent, and philanthropic societies;

t. Self-storage, provided it is within an enclosed building;

u. Shopping center;

v. Utility facilities, minor; and

w. Other uses and structures as determined by the planning director as meeting the intent of this section.

2. Accessory Uses and Structures. Accessory uses and structures located on the same lot and incidental and customarily found in connection with the principal uses, including, but not limited to:

a. Accessory uses or structures permitted in the single-family residential subdistrict or the multifamily residential subdistrict;

b. One clubhouse for the golf course with snack bars, restaurants with bars, locker room facilities, weight rooms, pro shops for the sale and service of equipment and materials used for or relating to golf, tennis or other recreational activities, and other accessory facilities as approved by the planning director;

c. Other uses and structures as determined by the planning director as meeting the intent of this section.

3. Special Uses. Uses and structures that are similar to, and compatible with, the principal uses or structures and which conform to the intent of this chapter may be approved by the Maui planning commission.

B. Development Standards. The following development standards shall apply to the uses and structures in the village mixed use subdistrict:

1. For those uses and structures permitted in the single-family residential subdistrict and incorporated by reference into other districts, the development standards for the single-family residential subdistrict shall apply.

2. For those uses and structures permitted in the multifamily residential subdistrict and incorporated by reference in other districts, the development standards for the multifamily residential subdistrict shall apply.

3. For those uses and structures permitted in the village mixed use subdistrict, but not in the single-family residential subdistrict or the multifamily residential subdistrict, the following development standards shall apply:

a. Minimum lot area: six thousand square feet;

b. Minimum lot width: sixty feet;

c. Minimum yards: no yard setbacks shall be required, except:

i. That required for off-street parking, and

ii. If the lot abuts a lot in the single-family residential subdistrict or the multifamily residential subdistrict, the side or rear yard setbacks of the abutting district shall apply;

d. Maximum height: fifty feet or four stories, except that:

i. Elevator shafts, air conditioning equipment, vent pipes, fans, antennae, and solar collectors may exceed such height limitation by not more than ten feet, and

ii. The golf clubhouse structure may have a height not to exceed fifty-five feet, subject to design approval by the planning director;

e. Maximum lot coverage ratio: thirty-five per cent;

f. Maximum floor area-lot area ratio: ninety per cent.

4. A project development plan for the village mixed uses that is consistent with an approved phase II preliminary site plan shall be reviewed and approved by the planning director pursuant to section 19.510.090 of this code. (Ord. 3553 § 2 (part), 2008)