PROPOSED CONDITIONS (UNOFFICIAL)
April 14, 2004

The unofficial updated list of conditions is posted below.  Before the list becomes official, Committee staff will have to consult with Corporation Counsel and the Planning Department and review the meeting minutes.

This document will also be placed in the "Items of Interest" section of the Committee's website within a day or two:

http://www.co.maui.hi.us/committees/PLU/

The Committee's website will also feature other updated information and documents (including the committee report, when it's available).


Density and Height Restrictions

1. The density of the R-1, R-2, and R-3 Residential District zoned areas shall not exceed 2.5 single-family dwelling units per acre.

2. In the A-2 Apartment District zoned areas, the density shall not exceed eight units per acre, and the building height shall not exceed 45 feet.

3. In the B-2 Community Business District zoned areas, the gross floor area of each building shall not exceed 60 percent of the total lot area.

4. For Lot 19 (H-M Hotel District), the building height shall be limited to 45 feet and be consistent with the Urban Design Standards for Building Form in the Kihei-Makena Community Plan; no more than 89 units shall be developed; and no lockout units shall be allowed.

5. The developer shall preserve Kihei-Makena’s significant views of the Pacific Ocean and the broad vista to the Central Maui and Upcountry region. The use of walls higher than four feet in front-yard setbacks is prohibited.

Noise Mitigation

6. Within the B-2 Community Business District, the following permitted uses shall incorporate acoustical measures into the facility to mitigate potential noise impacts: amusement enterprises, including billiard and pool halls; auditoriums and theaters; baseball and football stadiums and other sport activities and amusements; bowling alleys; dancing and hula studios; gymnasiums; miniature golf courses; music conservatories or music studios; physical-culture studios; and printing, lithography, or publishing shops.

Lighting Standards

7. Within the B-2 Community Business District, all exterior lighting shall be shielded from adjacent residential properties. Lighting requirements in force at the time of construction permit application shall be applied.

Screening of Certain Uses

8. Within the B-2 Community Business District, merchandise, equipment and supplies shall be stored within enclosed buildings or enclosed areas that are appropriately screened with fencing and landscape planting for the following permitted uses: equipment rental and sales yards; hardware and garden supply stores; parcel delivery stations; and printing, lithography, and publishing shops.

Education

9. The developer shall contribute to the development, funding, and construction of school facilities, on a fair-share basis, as determined by and to the satisfaction of the Department of Education.

Transportation

10. The developer shall provide pedestrian and bicycle access ways within the roadways throughout and fronting the subject property. Schematic designs shall be submitted to the Department of Planning for consideration by the Maui Planning Commission in conjunction with future Special Management Area Permit applications for the subject property.

11. The developer shall participate in the pro rata funding and construction of local (Makena) and regional (Kihei-Makena Community Plan) transportation improvements and programs, including dedication of rights of way as determined by the State Department of Transportation (DOT) and the County of Maui.

12. The developer shall provide construction access roads from Piilani Highway to the construction sites. Construction traffic is prohibited on Kilohana Drive, Wailea Ike Drive, Wailea Alanui, and Makena Alanui to the extent practicable.

Civil Defense

13. The developer shall participate in the pro rata funding and construction of adequate civil defense measures as determined by the State of Hawaii and County of Maui civil defense agencies.

Historical and Cultural Resources

14. Should any human burials or any historic sites such as artifacts, charcoal deposits, stone platforms, pavings, or walls be found, the developer shall stop work in the immediate vicinity and contact the State Historic Preservation Division (SHPD), the Maui/Lanai Island Burial Council, and the Maui County Cultural Resources Commission.

15. The Cultural Resources Management Plan (CRMP) currently being prepared by Makena Resort Corp. shall be completed and submitted for approval by the State Historic Preservation Division (SHPD) and the Maui County Cultural Resources Commission, in consultation with the Maui/Lanai Island Burial Council (MLIBC) and Na Kupuna O Maui. The CRMP shall consist of two major components—archaeological and cultural:

a) The archaeological component shall be prepared by a qualified archaeologist (State of Hawaii permittee) and address the three following archaeological mitigation procedures:

i) Preparation of a Global Positioning System (GPS) point survey map of all extant archaeological sites on the Makena Resort Corp. property and compilation of a Geographic Information System (GIS) database compatible with the SHPD computerized database;

ii) Formulation of preservation recommendations for specified sites; and

iii) Formulation of data recovery recommendations for specified sites.

b) The cultural component shall be prepared in consultation with Native Hawaiian organizations deemed appropriate by the MLIBC and Na Kupuna O Maui. This component shall primarily address items pertinent to preservation, including:

i) Access to specified sites;

ii) Appropriate protocol for visitations; and

iii) Manner and methods of preservation.

16. The developer shall retain an independent consulting archaeologist who will be approved by SHPD and shall be responsible for the following tasks:

a) Evaluate all past historic preservation work in the area, and prepare an overall map for submission to the State Historic Preservation Division (SHPD) that will accurately depict areas that have been previously subjected to archaeological inventory survey;

b) Conduct additional archival work allowing SHPD to evaluate which archaeological inventory survey reports, as well as mitigation plans (including Data Recovery and Preservation Plans), were submitted for review and approval by SHPD;

c) “Ground truth” the areas in question to correlate areas that have received some level of archaeological work to approved and/or implemented developments to date; and

d) Submit to SHPD a “scope of work” detailing proposed archaeological inventory work on areas that have not been developed to date, regardless of whether an archaeological inventory has previously been conducted.

Nearshore Water Quality

17. The developer shall continue to fund a nearshore water quality monitoring program in the waters fronting the development, including Makena Bay. The frequency of the water quality monitoring program shall be twice a year with additional testing upon the occurrence of up to two one-year, 24-hour storm events annually. At a minimum, the following water quality parameters shall be monitored: temperature, salinity, total suspended solids, total nitrogen, ammonia nitrogen, nitrate and nitrite, total phosphorus, chlorophyll A, and silicate. Storm samples shall include analyses for pesticides used on the landscaping or turf. In addition, the developer shall initiate and fund a marine biological monitoring program covering live and dead corals, algae, fish, and macroalgal species twice annually at the same sampling sites as the nearshore water quality monitoring program.
The monitoring programs shall be approved by the State Department of Health in consultation with the U.S. Fish and Wildlife Service, the National Marine Fisheries Service, and the State Division of Aquatic Resources, Department of Land and Natural Resources. The developer shall implement mitigation measures if the results of the monitoring programs warrant them. The monitoring programs shall commence at least one year prior to development and continue in perpetuity. Mitigation measures shall be approved by the State Department of Health in consultation with the above-mentioned agencies.
The developer shall annually set aside a minimum of $8,000 to hire an outside peer reviewer to provide an objective critique of: (a) the water quality and marine biology monitoring programs; (b) the quality assurance plans; and (c) the monitoring results on an annual basis. The peer reviewer shall be approved by the State Department of Health after consultation with the Department of Planning.”

18. The developer shall implement efficient soil erosion and dust control measures during and after the development process to the satisfaction of the State Department of Health and the County.

Transfer of Ownership

19. The developer shall give notice to the Department of Planning and the Council of any intent to sell, lease, assign, place in trust, or otherwise voluntarily alter the ownership interests in the subject property, prior to any development.

Compliance With Conditions

20. The developer shall provide timely annual reports to the Planning Director and the Council. The reports shall include: (a) the status of the developer’s compliance with each of the conditions, and (b) a reasonable estimate of the time needed for full compliance.

21. Failure to fulfill any condition may result in a reversion to former or more appropriate zoning and/or community plan designations or other remedies.

22. If any of the re-zoned property is consolidated with other property for purposes of a Special Management Area Use Permit application, these conditions shall apply to the entirety of the consolidated property.

Affordable Housing Conditions Based on Residential Development

23. The developer shall provide at least one affordable housing unit for every four market-priced residential units or fraction thereof.

24. The affordable housing units based on residential development shall be in addition to any units required to satisfy Chapter 2.94, Maui County Code, or any other law.

25. The affordable housing units shall be provided at the same time as or prior to the completion of the final inspection by the Department of Public Works and Environmental Management of the market-priced residential units in each Special Management Area permit application.

26. At least 60 percent of the affordable housing units shall be single-family dwellings for sale. No more than 40 percent of the affordable housing units shall be multi-family units for sale, multi-family units for rent, single-family dwellings for rent, lots provided for self-help housing, lots provided to nonprofit housing organizations, or a combination thereof. The Department of Public Works and Environmental Management or the Department of Housing and Human Concerns may impose terms and conditions of occupancy on the building permits to enforce this condition and ensure that the for-sale affordable housing units shall be maintained for such use and not converted to another use for a ten-year minimum period (or greater if the County housing policies ordinance establishes a general standard of greater duration) by persons or families within the following income groups (expressed as a percentage of the area median income for the County of Maui for an adjusted family size as determined by the Department of Housing and Urban Development of the United States of America): 0-70 percent and 71-100 percent (equally divided among the two income groups). Rental units shall be dedicated to and administered by the County. Affordable rental units shall be maintained for such use in perpetuity.

27. A minimum of 50 percent of the affordable housing units based on residential development shall be provided within the Kihei-Makena Community Plan area, and the balance shall be provided outside the Kihei-Makena Community Plan area.

Affordable Housing Conditions Based on Hotel/Timeshare Development

28. The affordable housing units required to satisfy Chapter 2.94, Maui County Code, shall be provided at the same time as or prior to the final inspection and/or certificate of occupancy by the Department of Public Works and Environmental Management of the hotel/timeshare units in each Special Management Area permit application. At least 50 percent of the affordable housing units required to satisfy Chapter 2.94, Maui County Code, shall be provided within the Kihei-Makena Community Plan area. At least 50 percent of the affordable housing units required to satisfy Chapter 2.94, Maui County Code, shall be single-family dwellings.

Water

29. The developer shall participate in the funding and construction of adequate water source, storage, and transmission facilities and improvements to accommodate the proposed project in accordance with the applicable laws, rules, and regulations of the County, and consistent with the County water use and development plan.

30. The developer shall provide a water conservation plan, approved by the Department of Water Supply, prior to the issuance of any Special Management Area use permits for any project. The applicant shall construct for each project a dual waterline system to accommodate the use of non-potable water for landscaping and irrigation purposes prior to the issuance of any building permits for any project. The project may utilize the County water system for domestic use only.

Energy

31. All energy systems for all residential, commercial, timeshare, and hotel units shall be designed and constructed to meet all applicable ENERGY STAR requirements established by the Climate Protection Division of the United States Environmental Protection Agency in effect at the time of construction. For purposes of this condition, energy systems shall include all hot water systems, roof and attic areas, outside walls, windows, air cooling systems, and heating systems.

32. All residential, commercial, timeshare, and hotel units shall be equipped with a primary hot water system comprised of a conventional solar panel hot water system, or a common multi-unit system at least as energy efficient as a conventional solar panel hot water system, sized to meet at least 80 percent of the hot water demand for the respective units.

33. All air cooling systems and all heating systems for laundry facilities, swimming pools, and spa areas shall make maximum use of energy-efficient construction and technology.

Access for Parks and Recreation

34. The developer shall construct a minimum of 60 new parking stalls at Maluaka Beach, at least 10 at the north end and the balance at the south end within one year of the granting of any Special Management Area use permit relating to a parcel or a portion thereof that is a subject of this rezoning. Unless necessary to protect public safety or to comply with State or Federal law, the required parking stalls need not be asphalt surfaced. Development costs and land shall not satisfy park dedication requirements.

35. The developer shall develop an expansion of the beach park at the south end of Maluaka Beach, such that the beach park shall comprise of at least 1.5 acres of land area for public use and beach access. The developer shall submit the necessary applications required for the expansion within six months of the approval of the change in zoning. The land area of the expansion of the existing park shall be applied as credit toward satisfying a portion of applicable park dedication requirements.

36. To the extent practicable, the developer shall provide, in perpetuity, traversable lateral shoreline access in the area between the shoreward boundary and the mauka boundary of the Makena Resort Area. Costs associated with this condition shall not be satisfy park dedication requirements.

37. Within one year of the approval of the change in zoning, developer shall initiate and fund a plan for the development of the State Park at Makena for the State Department of Land and Natural Resources or the County of Maui, Department of Parks and Recreation. The plan shall incorporate recreational, landscaping, parking, and facility concepts as a guide for future development of the park. Costs associated with this condition shall not be satisfy park dedication requirements.

38. The developer shall renovate and beautify beach parks in the Makena region in coordination with the Department of Parks and Recreation and the State Department of Land Natural Resources. Costs associated with this condition shall not be satisfy park dedication requirements. Note: . Parks to be identified in consultation with Parks & Rec. Dept. and applicant; parks to be shown on map.

39. The developer shall maintain all existing and future park lands within the Makena Resort Area. Note: . Parks to be identified in consultation with Parks & Rec. Dept. and applicant; parks to be shown on map.

Hawaiian Island Architecture

40. To exhibit respect for the Hawaiian culture and a Hawaiian sense of place, structures within the Makena Resort Area shall be based on or inspired by principles of Hawaiian island architecture in design and construction. Costs associated with this condition shall not satisfy park dedication requirements.

Native Forests and Species

41. The developer shall provide for a thorough survey of flora and fauna as part of each Special Management Area permit application within the Makena Resort Area. The survey shall be conducted by recognized independent experts on Hawaiian biota, listing all endemic and indigenous species and their distribution in the Makena Resort Area. The developer shall also develop a preservation plan of identified endemic and indigenous species within the Makena Resort Area in coordination with qualified government agencies in consultation with nonprofit organizations.

plu:misc:plu-37 conditions 4-14-04:dr