Chapter 19.91 KIHEI-MAKENA PROJECT DISTRICT 8 (PALAUEA)

19.91.010 Purpose and intent.

19.91.020 Agricultural/residential PD-K/8.

19.91.030 Cultural preserve/park PD-K/8.

19.91.040 Land use categories and acreage.

19.91.050 General standards of development.


19.91.010 Purpose and intent.

A. The purpose and intent of project district 8 at Palauea, Honuaula, Maui, Kihei-Makena community plan region, is to establish permissible land uses, appropriate standards of development and specific allocations of land for agricultural/residential and cultural preserve/park uses within the defined project district.

B. The provisions of this chapter shall apply to the area within the project district identified as TMK 2-1-023:002, consisting of approximately 44.424 acres.

C. Except as otherwise provided, uses not expressly stated in this chapter as permitted uses are prohibited. (Ord. 2898 § 1 (part), 2000)

19.91.020 Agricultural/residential PD-K/8.

A. Permitted Uses. Within the agricultural/residential district, the following uses shall be permitted:

1. Principal uses:

a. Agricultural land conservation which means the planting of soil-nourishing plants and trees, including native Hawaiian plant species, to achieve soil conservation and environmental benefits, including but not limited to soil nourishment, prevention of soil erosion, improvement of air quality, and habitat restoration;

b. Cultivation of crops, including but not limited to flowers, vegetables, foliage, fruits, forage, and timber;

c. Single-family dwellings in conjunction with such agricultural uses and agricultural land conservation;

d. Private open area types of recreational uses including, but not limited to, park and picnic areas, swimming pool, and other recreational facilities and incidental support amenities;

e. Public, private, and quasi-public utility lines and roadways, transformer stations, and utility equipment buildings;

f. Retention, restoration, rehabilitation, or improvement of buildings, sites, or cultural landscapes of historical or archaeological significance;

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

h. Any other uses which are similar in character and not detrimental to the welfare of the surrounding area; provided, however, that such uses shall be approved by the commission as conforming to the intent of this ordinance.

2. Accessory uses and structures: Accessory uses such as garages, greenhouses, gardening and equipment sheds, and similar structures which are customarily used in conjunction with and incidental and subordinate to a principal use or structure.

3. Special uses: uses deemed to be compatible, similar and beneficial to the principal uses in the district, which shall be permitted upon approval by the Commission.

B. Development requirements for agricultural/residential district shall be:

1. Minimum lot area, one acre;

2. Minimum lot width, one hundred fifty feet;

3. Minimum yard setbacks: front yards, twenty-five feet; side and rear yards, fifteen feet;

4. A minimum area of ten per cent per lot shall be dedicated for agricultural use and agricultural land conservation;

5. Maximum height limit: unless otherwise provided for herein, the maximum height limit for any structure shall be thirty feet from finished grade, except that vent pipes, fans, chimneys, and antennae on roofs shall not exceed thirty-five feet; and

6. Maximum wall height: Walls shall not exceed six feet within the yard setback area as measured from the finished grade, to the top of the wall as defined herein. This does not preclude constructing fences on the top of the wall for safety purposes. The director of public works and waste management may permit greater heights of walls as needed to retain earth, water or both for health and safety purposes. (Ord. 2898 § 1 (part), 2000)

19.91.030 Cultural preserve/park PD-K/8.

A. Permitted uses. Within the cultural preserve/park district, the following uses shall be permitted:

1. Principal uses which shall be consistent with interim and final preservation plans approved by the State Historic Preservation Division; the Island Burial Council, Islands of Maui and Lanai; and the Maui County Cultural Resources Commission:

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

b. Educational and interpretive facilities;

c. Open areas, native Hawaiian botanical gardens, natural and historical preservation areas;

d. Open agricultural uses;

e. Agricultural land conservation which means the planting of soil-nourishing plants and trees, including native Hawaiian plant species, to achieve soil conservation and environmental benefits, including but not limited to soil nourishment, prevention of soil erosion, improvement of air quality and habitat restoration;

f. Natural drainageways; and

g. Any other uses which are similar in character and not detrimental to the welfare of the surrounding area; provided, however, that such uses shall be approved by the commission as conforming to the intent of this chapter.

2. Other principal uses:

a. Caretaker facilities and educational support facilities to serve the entire project district area. Caretaker facilities and educational support facilities shall be situated in the vicinity of Keoneoio-Makena Road, north of the historic free standing wall identified as Site No. 232.

b. Public and quasi-public underground utility lines, including but not limited to, electrical, telephone, cable television, water and sewer lines. Public and quasi-public underground utility lines shall be placed within a twenty-foot wide easement area adjacent and parallel to Keoneoio-Makena Road (Old Makena Road), Kaukahi Street and Makena Alanui Road.

3. Uses Accessory to Other Principal Uses. The following uses shall be incidental and customarily related to the other principal uses:

a. Accessory uses such as office space, workshop facility, carports, garages, and maintenance and storage facilities; and

b. Unpaved driveways and parking areas.

4. 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, provided that such uses shall be consistent with interim and final preservation plans approved by the State Historic Preservation Division; the Island Burial Council, Islands of Maui and Lanai; and the Maui County cultural resources commission.

B. Development requirements for cultural preserve/park district shall be:

1. Minimum lot area, twenty acres;

2. Minimum lot width, one hundred fifty feet;

3. Minimum yard setbacks: front, side and rear yards, fifteen feet; except that the setback from the historic free standing wall located within the cultural preserve/park also identified as Site 232, shall be five feet;

4. Maximum height limit: the maximum height limit for any structure shall be thirty feet from finished grade.

C. Design. Each building or structure within the cultural preserve/park shall be designed to conform with the intent of the project district. The exterior appearance of structures shall be compatible with native Hawaiian architecture. (Ord. 2898 § 1 (part), 2000)

19.91.040 Land use categories and acreage.

A. The following are established as the acreage for various land use categories within TMK 2-1-023:002 of project district no. 8:

1. Agricultural/residential, 23.674 acres;

2. Cultural preserve/park, 20.750 acres.

(Ord. 2898 § 1 (part), 2000)

19.91.050 General standards of development.

A. Landscaping. Landscaping shall be considered an integral element of the development to be utilized for visual screening, shade, definition and environmental control. The use of native Hawaiian plants, including endemic, indigenous and Polynesian introduced species shall be encouraged where appropriate.

B. Signage. A comprehensive signage program shall be established and defined to include, without limitation, the types, number of signs, sign area, format, conceptual designs, color schemes, building materials, lighting and installation.

C. Lighting. Lighting shall be established in a manner so as to not adversely impact the surrounding areas. (Ord. 2898 § 1 (part), 2000)