A. The purpose and intent of project district no. 2 at Kapalua, Maui, hereinafter referred to as the “Kapalua Mauka project district,” is to provide for a flexible and creative approach to development that considers physical and environmental factors in a comprehensive manner and that will result in a low-density, primarily residential and recreational development.

B. This chapter shall apply to the area within the Kapalua Mauka project district, consisting of a total of approximately nine hundred twenty-five acres.

C. Except as otherwise provided, uses not expressly stated in this chapter as permitted uses are prohibited. (Ord. 3357 § 1 (part), 2006)

Whenever used in this chapter, unless a different meaning clearly appears from the context:

“Accessory use” means a use of land or of a building or portion thereof which is customarily incidental and subordinate to the principal use of the land or building and located in the same land use district as the principal use.

“Project” means property that is subject to a project instrument, including, but not limited to, subdivisions containing single-family dwellings and condominiums.

“Project instrument” means one or more documents, including any amendments to the documents, by whatever name denominated, containing restrictions or covenants regulating the use or occupancy of a project. (Ord. 3357 § 1 (part), 2006)

The land use districts for the Kapalua Mauka project district, and the maximum allowable acreage for each land use district, shall be as follows:

A. Village PD-WM/2 District. This district shall consist of a maximum of two hundred sixty-five acres. Within this district, residential uses permitted under section 19.92.040.A.1 shall consist of a maximum of two hundred sixty acres, and commercial uses permitted under section 19.92.040.A.2 shall consist of a maximum of five acres.

B. Rural Residential PD-WM/2 District. This district shall consist of a maximum of two hundred seventy-five acres.

C. Golf Course/Park PD-WM/2 District. This district shall consist of a maximum of two hundred fifty acres.

D. Resort Open Space PD-WM/2 District. This district shall consist of a minimum of one hundred thirty-five acres. (Ord. 3357 § 1 (part), 2006)

A. Permitted Uses. Within the village PD-WM/2 district, the following uses shall be permitted:

1. Residential uses:

a. Single-family dwellings;

b. Multifamily dwellings, condominiums, townhouses and duplexes;

c. Senior housing, including, but not limited to, convalescent and nursing homes and assisted living facilities;

d. Noncommercial recreational facilities and social centers;

e. Home occupations;

f. Service areas and structures; and

g. Public and quasi-public utility installations and substations, including, but not limited to, electrical, telephone, cable and television, water, wastewater, and cellular and other telecommunications antennae.

2. Commercial Uses.

a. Golf clubhouses with food and beverage services as well as equipment and apparel shops oriented primarily towards golfers;

b. Golf course and equipment maintenance structures;

c. Restaurants and bars;

d. Golf course and other sport and recreational facilities;

e. Private clubs;

f. Community facilities;

g. Parking areas;

h. Open areas, shelters, restrooms, kiosks, parks and playgrounds, pedestrian paths, and natural and historic preservation areas;

i. Day care facilities;

j. Doctors’ offices and other medical facilities; and

k. Health spas and fitness centers.

3. Accessory uses and structures necessary to facilitate the establishment of principal uses.

B. Development standards for the village PD-WM/2

district:

1. Residential uses in the village PD-WM/2 district shall be subject to the following development standards:

a. Minimum lot area, three thousand five hundred square feet;

b. Minimum lot width, thirty-five feet;

c. Minimum building setbacks:

1. Front yard, ten feet,

2. Side yard, six feet for the first story of a building, and ten feet for any additional stories, and

3. Rear yard, ten feet;

d. Maximum structure height shall not exceed fifty feet, provided that single-family dwellings shall not exceed thirty feet, as defined in section 19.04.040, Maui County Code. Notwithstanding the foregoing, elevator shafts, air conditioning equipment, vent pipes, fans, chimneys, antennae and solar collectors may exceed such height limitations by not more than ten feet.

2. Commercial uses in the village PD-WM/2 district shall be subject to the following development standards:

a. Minimum lot area, four thousand square feet;

b. Minimum lot width, thirty-five feet;

c. Minimum building setbacks:

1. Front yard, five feet,

2. Side yard, none for exterior walls with no openings; five feet for any portion of exterior walls containing openings for light and/or air, and

3. Rear yard, none for exterior walls with no opening; five feet for garages or any portions of exterior walls containing openings for light and/or air;

d. Maximum floor area-lot area ratio: the gross floor area of all structures on a lot shall not exceed one hundred fifty per cent of the total area of the lot;

e. Maximum structure height shall not exceed fifty feet as defined in section 19.04.040, Maui County Code. Notwithstanding the foregoing, elevator shafts, air conditioning equipment, vent pipes, fans, chimneys, antennae and solar collectors may exceed such height limitations by not more than ten feet. (Ord. 3357 § 1 (part), 2006)

A. Permitted Uses. Within the rural residential PD-WM/2 district, the following uses shall be permitted:

1. Principal uses:

a. Single-family dwellings;

b. Open areas, golf courses, shelters, restrooms, kiosks, parks and playgrounds, pedestrian paths, and natural and historic preservation areas;

c. Plant nurseries and horticultural activities;

d. Equestrian facilities and trails;

e. Growing and harvesting of agricultural crops;

f. Home occupations;

g. Service areas and structures; and

h. Utility installations and drainage facilities.

2. Accessory uses and structures necessary to facilitate the establishment of principal uses.

B. Development standards for the rural residential PD-WM/2 district shall be:

1. Minimum lot area, one-half acre;

2. Minimum lot width, one hundred feet;

3. Minimum building setbacks:

a. Front yard, twenty-five feet, and

b. Side and rear yards, fifteen feet;

4. Maximum height: the maximum height of any structure shall not exceed thirty feet as defined in section 19.04.040, Maui County Code, provided that vent pipes, fans, chimneys, antennae and solar collectors may exceed such limit by not more than ten feet. (Ord. 3357 § 1 (part), 2006)

A. Permitted Uses. Within the golf course/park PD-WM/2 district, the following uses shall be permitted:

1. Principal uses:

a. Golf courses, driving ranges, and practice facilities;

b. Golf course and equipment maintenance structures;

c. Shelters, restrooms and kiosks supporting golf course operations;

d. Temporary or permanent structures used in connection with golf tournaments, including viewing stands and television camera towers;

e. Parks, playgrounds, athletic fields, playing courts, swimming pools, bike and equestrian trails, and pedestrian paths;

f. Natural and historic preservation areas;

g. Plant nurseries and greenhouses;

h. Custodial residences;

i. Public and quasi-public utility installations and substations, including, but not limited to, electrical, telephone, cable television, water, wastewater, and cellular and other telecommunications antennae;

j. Public and private roads and golf cart paths;

k. Preservation of historic, archaeological and burial sites; and

l. Drainage facilities.

2. Accessory uses and structures necessary to facilitate the establishment of principal uses.

B. Development standards for the golf course/park PD-WM/2 district shall be:

1. Maximum height: the maximum height of any structure shall be thirty-five feet as defined in section 19.04.040, Maui County Code. (Ord. 3357 § 1 (part), 2006)

A. Permitted Uses. Within the resort open space PD-WM/2 district, the following uses shall be permitted:

1. Principal uses:

a. 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. Cultural, historical, educational, and interpretive facilities with a total covered floor area not exceeding two hundred square feet per facility;

c. Open agricultural uses, including, but not limited to, pastures, orchards, and nurseries;

d. Open areas, parks and playgrounds, equestrian trails, bicycle and pedestrian paths, botanical gardens, and natural and historic preservation areas;

e. Public and quasi-public utility installations and substations, including, but not limited to, electrical, telephone, cable television, water, wastewater, and cellular and other telecommunications antennae;

f. Facilities for the preservation of historic, archaeological, and burial sites;

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

h. Paths for golf carts and similar vehicles, not including cars and trucks, where the terrain or topography requires such paths to connect lands in the village, rural residential, and golf course/park districts.

2. Accessory uses.

B. Development standards for the resort open space PD-WM/2 district shall be:

1. Maximum height: the maximum height of any structure shall be fifteen feet, except that the maximum height of a structure permitted in subsection A.1.e of this section shall be thirty feet, as defined in section 19.04.040, Maui County Code. (Ord. 3357 § 1 (part), 2006)

Any tract of land or project site within the Kapalua Mauka project district for which development is sought shall be subject to conditions imposed by the department of planning and the department of public works and environmental management, and by the State of Hawaii departments of health, transportation, and land and natural resources, pursuant to any applicable statute, ordinance, rule, or regulation, and shall be further subject to the following standards:

A. Density. No more than six hundred ninety dwelling units shall be developed in the Kapalua Mauka project district, provided that no dwelling units shall be allowed on those portions of Tax Map Key Numbers (2)4-3-001:006 and (2)4-3-001:008 that are within the project district.

B. Design. Each building or structure shall be designed to conform to the intent of the Kapalua Mauka project district.

C. Landscaping.

1. Landscaping shall be considered an integral element of the project district, and shall be utilized for visual screening, shade, definition, and environmental control;

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

3. Energy and water conservation techniques shall be used.

D. Design of Roads and Other Improvements. Any roads or other improvements in the Kapalua Mauka project district that are to be dedicated to the County as public roads or facilities shall be designed and constructed in accordance with the requirements of title 18 of this code. Standards for other roads and facilities may be developed during phase II approval for the Kapalua Mauka project district in accordance with the provisions of section 18.32.030 of this code for establishing flexible design standards and implementing design rules.

E. Signs. A comprehensive sign program shall be established that addresses, without limitation, the types, number, area, format, conceptual design, color scheme, building materials, and lighting of all signs.

F. Lighting. Lighting shall be designed and installed in a manner that does not adversely affect surrounding areas. Exterior lights shall be properly shielded, directed away from existing residential areas, and designed to minimize light pollution that might adversely affect the region’s nighttime skies. (Ord. 3357 § 1 (part), 2006)