HLU-19 Reso 26-111 RESOLUTION 26-111, REFERRING TO THE MAUI PLANNING COMMISSION PROPOSED BILLS TO AMEND THE KIHEI-MAKENA COMMUNITY PLAN AND WEST MAUI COMMUNITY PLAN, AND TO CHANGE THE ZONING FOR PROPERTIES OPERATING LIKE HOTELS IN THE A-1 AND A-2 APARTMENT DISTRICTS (HLU-19)
Dear Chair Uʻu-Hodgins, Vice Chair Batangan, and members of the Housing and Land Use Committee:
As an owner at the Papakea Oceanfront Resort, I am writing to express my strong support for passing Resolution 26-111 as written.
This resolution validates the Maui County Planning Commission's previous recognition of Papakea’s A2/H2 zoning and its recommendation that the Council exclude the resort from Bill 9’s short-term rental phase-out.
Furthermore, Resolution 26-111 aligns perfectly with the extensive, well-researched recommendations of the Temporary Investigative Group.
Thank you, Chair Uʻu-Hodgins, for introducing this resolution.
I respectfully urge the entire Council to support and pass Resolution 26-111 as written.
My name is Lynn Peabody. I am a property owner in Wailea Ekahi, and I am the immediate past president of Ekahi's Board of Directors. I am speaking with the support of other Ekahi property owners who together strongly support Resolution 26-111 as written.
I want to extend our appreciation to each of you for the many hours you have dedicated to reaching this important point. Adoption of Resolution 26-111 will help maintain zoning at Ekahi consistent with its original intended uses by transitioning A-1 properties to H-3. The Resolution will also modify the land use designations for the entire property to be consistent with the purposes for which it was intended.
Any additional documentation needed to move Council initiated zoning for this property forward will be readily provided.
Mahalo for all that you have done!
I am a property owner at Wailea Ekahi and have been for 25 years.
I can easily obtain my Hawaii State TAT records which show I have been paying tax for
short term renting legally since 2008. TAT is not collected on LongTerm Rentals, so proves STR.
I believe the Planning Department could obtain State TAT records from each property under consideration back to beginning of TAT.(1986).
That would prove history of how long that property had legal STRs, and eliminate the need for each unit/property to prove it individually.
Just a thought....
Linda Manry
TESTIMONY IN STRONG OPPOSITION TO RESOLUTION 26-111 (HLU-19)
Housing and Land Use Committee
July 1, 2026
Chair and Members of the Housing and Land Use Committee
I submit this testimony in strong opposition to Resolution 26-111.
Today, this Council is not simply considering another zoning change.
You are deciding whether Maui County government will continue down a path where land use decisions affecting hundreds of millions, if not billions, of dollars in property values are made through an objective, transparent process—or through a process that increasingly appears to benefit a select few while leaving the public without answers.
Earlier today, this Council devoted considerable time discussing ethics, accountability, public trust, fraud prevention, conflicts of interest, transparency, and restoring confidence in government. Those discussions are meaningless if they are not reflected in your actions on land use decisions such as this one.
Public trust is not restored by speeches.
It is restored by process.
It is restored through transparency.
It is restored when every citizen is treated equally under the law.
Unfortunately, Resolution 26-111 does not meet that standard.
An Undefined Standard
The resolution proposes changing Apartment District properties into Hotel District properties because they supposedly "operate like hotels."
The ordinance offers examples such as providing front desk services, employing groundskeepers, or having staff.
Those are examples.
They are not legal standards.
What exactly is "operating like a hotel?"
How many employees qualify?
Does every condominium with an on-site manager qualify?
Does every association with landscaping crews qualify?
Does every property with security qualify?
What measurable standard separates one condominium from another?
The legislation never says.
Without objective standards, the determination becomes subjective.
Subjective decisions invite unequal treatment.
Unequal treatment destroys public confidence.
Where Is the Evidence?
The most revealing document in today's agenda is not the resolution.
It is Corporation Counsel's review.
Corporation Counsel approved the resolution as to form and legality, but added a significant comment:
"Bills will need to establish evidence supporting determination criteria."
That statement should stop this process.
If the bills still need evidence supporting the criteria, then the Committee has not yet demonstrated why these particular properties deserve Hotel zoning while others do not.
Evidence should come before legislative action—not after it.
Government Must Show Its Work
The public deserves answers to simple questions.
Who developed the criteria?
Who decided which condominiums qualified?
Who reviewed the evidence?
What evidence was reviewed?
Were all apartment-zoned vacation rental properties evaluated using identical standards?
If not, why not?
If only certain properties were evaluated, who selected them?
Those answers are missing.
Government cannot simply announce winners and losers.
Government must explain why.
Selective Government Is Dangerous Government
One of the fundamental principles of good government is that similarly situated people should be treated similarly.
Instead, this resolution identifies only selected properties for extraordinary relief while thousands of other apartment-zoned properties remain subject to different treatment.
That raises legitimate questions.
Were political relationships considered?
Were lobbying efforts considered?
Were campaign contributors given greater access?
Were influential organizations consulted while others were excluded?
I am not accusing anyone of wrongdoing.
I am asking why the public has been given no documentation proving that these decisions were made through an objective, transparent, and impartial process.
When government refuses to explain its decisions, public suspicion naturally follows.
Transparency exists to eliminate suspicion.
The Process Continues Before the Analysis
The Committee requested written comments from both the Department of Planning and the Department of Finance.
Yet those written comments are not due until after this committee meeting.
That means you are considering legislation before receiving the formal analyses from the departments responsible for implementing it.
Why?
Why is the public hearing occurring before Planning has completed its written review?
Why is Finance still preparing its comments?
Why is the Committee moving faster than its own professional staff?
That is not how transparent government should function.
The Appearance Matters
Government ethics are not limited to avoiding actual misconduct.
Ethics also require avoiding the appearance that government decisions are influenced by favoritism, unequal access, or political influence.
Today's earlier discussions about ethics and accountability should remind every Councilmember that public confidence is fragile.
When government creates special classifications for selected private properties without publishing objective criteria, supporting evidence, or completed departmental analyses, the appearance of favoritism becomes unavoidable.
That appearance alone damages public trust.
Land Use Should Never Be Subjective
Land use decisions should be based on adopted plans, objective standards, measurable findings, and consistent application of the law.
They should never depend upon undefined phrases such as "operates like a hotel."
They should never rely upon unpublished criteria.
They should never require the public to guess why one property qualifies while another does not.
My Request
I respectfully ask this Committee to reject or defer Resolution 26-111 until:
objective criteria are publicly adopted;
supporting evidence is released for every selected property;
Planning and Finance complete their written analyses;
the public has adequate time to review those analyses; and
every property owner can be assured that the process is fair, transparent, and uniformly applied.
Government earns trust through openness.
Government earns legitimacy through equal treatment.
Government earns respect by demonstrating that no person, no organization, and no property receives special treatment unavailable to everyone else.
Aloha Chair U‘u-Hodgins, Vice Chair Batangan and Members of the Housing and Land Use Committee:
Mahalo to Chair U‘u-Hodgins for your leadership on Resolution 26-110 and for moving this process forward. As recognized in this resolution, Ma‘alaea Kai is well suited for council-initiated rezoning from A-2 Apartment District to the H-4 Hotel District. The property is on Exhibit 2 of the TIG report and has long functioned as a well-known visitor accommodation on Maui for short term rentals. It is located in a sea‑level rise exposure area, has high costs of ownership and maintenance, and is not suited for affordable housing.
We have historical materials from decades ago showing the property was publicly advertised and described in condo newsletters as a hotel condominium with features such as a front desk, daily rates, and weekly maid service. All of this evidence is available upon request.
Mahalo for your consideration and for continuing to move this matter forward as expeditiously as appropriate.
Respectfully,
Sonny Cave & Stefanie Workman
Owners, Unit 408, Ma‘alaea Kai
Our names are Yolanda and Don Miller and we have owned a small condo at Kahana Reef since 2012. We live there for about six months of every year. We are not wealthy by the way. Yolanda is a retired teacher and Don is a working journalist and he serves on the Kahana Reef Board of Directors (since 2017). But we scraped and saved for many years to afford a unit at Kahana Reef where we had been coming since the early 1990s. The past year or so has been very difficult with decisions and political pressure creating a sense of alarm at the prospect of losing our place. Kahana Reef, however, was left off the list of properties grandfathered in to the new H3-H4 zoning, which caught us by surprise. Kahana Reef is right on the ocean and, as are all such properties, attempting to stave off seawater rise. Our condo is small (1 BR, approximately 650 sq. ft.) and parking is very limited at our property. In addition, we have a resident manager on site and a front desk. Our live-in employees also do the landscaping and maintenance. We employ a local family for cleaning and inside the condo maintenance. Going back to the early 1970s when Kahana Reef was built, the property from the outset was intended for short term rental use (and we have the documents that show this; some of these documents we believe have already been submitted to your committee). By far, most of the owners at Kahana Reef are seniors, many on limited incomes and many of whom depend on having the freedom to rent out their properties for short term uses. Kahana Reef was for many years on the Minatoya list, which again makes the decision to leave us off the H3-H4 designation appear to be an oversight. We respectfully ask you to put Kahana Reef into the newly created hotel zoning. Thank you for reading this correspondence and we trust you will make the right decision. -- Yolanda and Don Miller
Aloha Chair Uʻu-Hodgins, Vice Chair Batangan, and members of the Housing and Land Use Committee. My name is Bonnie Pauli, I am a Wailea Ekahi property owner and chair of Ekahi’s Board appointed Ad Hoc STR Committee. I am speaking with the support of other Ekahi owners. As individual property owners we support Resolution 26-111 as written. (my original was mistakenly posted under 26-110)
We appreciate the hours of effort that you have put into this process and are gratified to see you agree that Wailea Ekahi, when created in the 1970’s, legally provided short term rentals as well as personal residences and our A1 zoned areas more appropriately belong in the new H3 zoning category.
Units at Ekahi have been used as short term rentals from day one on the property and, initial sales advertised them as such in San Francisco and other market newspapers. Those uses continue through today. Adoption of Resolution 26-111 will help to maintain zoning at Ekahi consistent with the original intended uses by transitioning A-1 properties to H-3. The resolution also will modify the land use designations for the entire property to be consistent with the purposes for which it was developed.
I am happy to provide any additional documentation you might need to move Council Initiated zoning for this property forward.
Additional Info/Materials In support of that decision:
Ekahi currently is a mix of units with H1 zoning and A1 zoning. Upon development of Ekahi in the 1970s, the zoning code provisions for both H1 and apartment zoning allowed use of all units as temporary or short term rentals. Ekahi's original applications, its governing documents and State real estate commission filings clearly anticipated hotel use as well as permanent or temporary residences throughout the entire property.
Ekahi is part of Wailea Resort which was developed in the 1970’s to provide a place for travelers to enjoy the beauties of Maui away from residential areas for locals. There was a recognized need for a stream of income for the island and Tourism was chosen. It was further recognized that locals did not want Tourists in their neighborhoods as part of their family’s daily lives and thus Wailea Resort was conceived. To this day there are no schools in Wailea Resort, no major grocery stores, post office, local public transportation etc. WCA has testified to this use in the past and has consistently supported vacation rental use at the A1 zoned multi family properties in Wailea created while that use was allowed by Maui Code.
Thank you for moving Ekahi along in the Council Initiated Zoning change process.
Noi au e 'ae ana ia Resolution 26-111, ke olu'olu.
My uncle works as a maintenance manager for Papakea. He has been working with this resort complex for a numbeer of years now and we have "staycation" there as well. The complex works as a hotel, it has a front desk for checking in and out, has 24 hour security and maintenance staff. It is only reasonable to re-zone Papakea to full H4 (right now it is A2 and H2).
We ask for your kind consideration in changing the zone to H4 for Papakea.
Mahalo piha!
Dear Chair Uʻu-Hodgins, Vice Chair Batangan, and members of the Housing and Land Use Committee:
As an owner at Papakea Oceanfront Resort, I strongly support passage of Resolution 26-111 as written. Papakea has A2/H2 zoning and as such the Maui County Planning Commission recommended that Council consider excluding Papakea from the scope of Bill 9’s short-term rental phase out. Resolution 26-111 also aligns with the recommendations of the Temporary Investigative Group which a spent significant time and effort developing those recommendations.
Thank you to Member Uʻu-Hodgins for introducing Resolution 26-111 and we ask for all councilmembers to support passage of this resolution as written.
Dear Chair Uʻu-Hodgins, Vice Chair Batangan, and members of the Housing and Land Use Committee:
I own a condominium at Papakea Oceanfront Resort and support passage of Resolution 26-111 as written.
Resolution 26-111 acknowledges the Maui County Planning Commission's prior recognition that Papakea has A2/H2 zoning and its recommendation that the Council consider excluding Papakea from the scope of Bill 9's short-term rental phase-out. The resolution is also consistent with the recommendations of the Temporary Investigative Group, which devoted significant time and effort to developing those recommendations.
Thank you, Chair Uʻu-Hodgins, for introducing Resolution 26-111. I respectfully ask all Council members to support passage of the resolution as written.
Dear Chair Uʻu-Hodgins, Vice Chair Batangan, and members of the Housing and Land Use Committee:
We are owners of a condominium at Papakea Oceanfront Resort and support passage of Resolution 26-111 as written. Resolution 26-111 acknowledges the foresight of the Temporary Investigative Group and its recommendation that Maui County exclude Papakea from the scope of Bill 9’s short-term rental phase out, given the way Papakea has operated over decades in its A2/H2 zoning.
Dear Chair Uʻu-Hodgins, Vice Chair Batangan, and members of the Housing and Land Use Committee:
I own a condo at Papakea Oceanfront Resort and support passage of Resolution 26-111 as written. Resolution 26-111 represents an important acknowledgement of the Maui County Planning Commission’s prior recognition of Papakea as having A2/H2 zoning and its recommendation that Council consider excluding Papakea from the scope of Bill 9’s short-term rental phase out. Resolution 26-111 also aligns with the recommendations of the Temporary Investigative Group which a spent significant time and effort developing those recommendations.
Thank you to Member Uʻu-Hodgins for introducing Resolution 26-111 and we ask for all councilmembers to support passage of this resolution as written.
Respectfully,
Melanie Hyde
I write on behalf of the Board of Directors of the Wailea Ekolu AOAO in support of Resolution 26-111.
Ekolu is a complex of 148 one and two bedroom apartments and two bedroom townhomes on 17 acres in Wailea. The complex also has two pools, an office, and a large pavilion. We have 10 full time employees, including a General Manager, an Office Assistant, Maintenance Workers, and Gardeners.
Units at Ekolu have been used as transient vacation rentals since the property first opened. Currently, 129 out of the 148 total units are used as transient vacation rentals, either full time or part time.
With the cost to purchase units in Ekolu, along with monthly HOA fees ranging from $1,137 to $2,074 per unit plus property taxes, it would be financially infeasible to convert them to long-term rentals that would be affordable to most Maui residents. For example, the current monthly carrying costs for a one bedroom unit purchased in 2016 would require a monthly rent of at least $3,500. (Carrying costs are based upon purchase price, mortgage rate at time of purchase, and current HOA fees, approximate insurance cost and property taxes.) For a one bedroom unit purchased in 2026, the monthly rent would have to be at least $6,400 to cover just the carrying costs. (For a one bedroom purchased in 2023, when the purchase price and mortgage rates were at their peak, the monthly rent necessary to cover carrying costs would have to be more than $9,000.)
In addition to the costs, the restrictions on parking (one vehicle per unit) and pets, as well as limited storage space in the units, make them unsuitable for housing families on a long-term basis.
For these reasons, we believe Wailea Ekolu is appropriate for H-3 or H-4 zoning. Accordingly, we strongly support Resolution 26-111
Sincerely,
Gina Calvelli, Vice President
Wailea Ekolu AOAO Board of Directors
We respectfully request that Kana’i A Nalu be added to Exhibit 1 or 2, whichever is deemed appropriate, for H-3/H-4 zoning. We make this request based on the details, facts, and photos we have shared within this letter.
We also sincerely thank you for all the onerous, time-consuming hard work you have put in to get us Bill 88 and the creation of H3-H4 zoning for the county. What you have accomplished will give Condo owners, their vendors, managers, cleaners, support staff, and Maui County the long-term stability needed to grow, prosper, and flourish in the future. Mahalo.
Reviewing the initial Council resolutions, we see that leasehold properties have been declared inappropriate for local families.
Kana’i A Nalu, 250 Hauoli Road in Ma’alaea, an 80-unit building, is a leasehold property but isn’t included in the resolutions.
Our lease was signed into effect on December 1, 1976. It is a 90-year lease term, with negotiations every 30 years. Our current lease rate is $1004.23 per unit per month, with the next increase in December 2026 to $1255.29. It will be renegotiated again in 2036, with expected 25% increase every ten years throughout the entire lease.
Individual owners, through our association, per our lease, are required to pay for items our landlord won’t cover:
• Maui County property taxes on the land and buildings.
• Repairs, maintenance, and improvements to the land, buildings, and seawall.
• Insurance for the land, buildings, and seawall, including liability.
As examples, currently Kanai A Nalu condo owners are facing increases to monthly maintenance fees for a new roof because the existing roof is failing, as well as a separate assessment for our shoreline adaptation, a 2.4-million-dollar sea-level-rise plan for a burrito structure with a dune and public beach access, is in the final stages of County approval, and will be paid for by the owners of Kana’i A Nalu. The expenses for operating this property are immense and will continue to be ongoing.
Our condo buildings also have a staffed front office that handles a variety of property-related functions as well as registration to include check-in/check-out dates and times.
In closing, once again please accept this letter and the explanations herein to support our request to be included on the final list for the proposed bill to change the zoning for our property Kanai A Nalu.
Please see attached copy of our original lease.
Mahalo for your time and consideration.
Sincerely, Kana’i A Nalu AOAO Representatives
_____Jim Walters__________ ________ Mary Pedretti__________
Jim Walters, Vice President AOAO Board of Directors Mary Pedretti Secretary AOAO Board of Directors
Photos include:
1) Check-in registration area, 2) Office for onsite manager , 3) Brochures for local activities
Testimonies received from HLU Committee
Dear Chair Uʻu-Hodgins, Vice Chair Batangan, and members of the Housing and Land Use Committee:
As an owner at the Papakea Oceanfront Resort, I am writing to express my strong support for passing Resolution 26-111 as written.
This resolution validates the Maui County Planning Commission's previous recognition of Papakea’s A2/H2 zoning and its recommendation that the Council exclude the resort from Bill 9’s short-term rental phase-out.
Furthermore, Resolution 26-111 aligns perfectly with the extensive, well-researched recommendations of the Temporary Investigative Group.
Thank you, Chair Uʻu-Hodgins, for introducing this resolution.
I respectfully urge the entire Council to support and pass Resolution 26-111 as written.
My name is Lynn Peabody. I am a property owner in Wailea Ekahi, and I am the immediate past president of Ekahi's Board of Directors. I am speaking with the support of other Ekahi property owners who together strongly support Resolution 26-111 as written.
I want to extend our appreciation to each of you for the many hours you have dedicated to reaching this important point. Adoption of Resolution 26-111 will help maintain zoning at Ekahi consistent with its original intended uses by transitioning A-1 properties to H-3. The Resolution will also modify the land use designations for the entire property to be consistent with the purposes for which it was intended.
Any additional documentation needed to move Council initiated zoning for this property forward will be readily provided.
Mahalo for all that you have done!
I am a property owner at Wailea Ekahi and have been for 25 years.
I can easily obtain my Hawaii State TAT records which show I have been paying tax for
short term renting legally since 2008. TAT is not collected on LongTerm Rentals, so proves STR.
I believe the Planning Department could obtain State TAT records from each property under consideration back to beginning of TAT.(1986).
That would prove history of how long that property had legal STRs, and eliminate the need for each unit/property to prove it individually.
Just a thought....
Linda Manry
TESTIMONY IN STRONG OPPOSITION TO RESOLUTION 26-111 (HLU-19)
Housing and Land Use Committee
July 1, 2026
Chair and Members of the Housing and Land Use Committee
I submit this testimony in strong opposition to Resolution 26-111.
Today, this Council is not simply considering another zoning change.
You are deciding whether Maui County government will continue down a path where land use decisions affecting hundreds of millions, if not billions, of dollars in property values are made through an objective, transparent process—or through a process that increasingly appears to benefit a select few while leaving the public without answers.
Earlier today, this Council devoted considerable time discussing ethics, accountability, public trust, fraud prevention, conflicts of interest, transparency, and restoring confidence in government. Those discussions are meaningless if they are not reflected in your actions on land use decisions such as this one.
Public trust is not restored by speeches.
It is restored by process.
It is restored through transparency.
It is restored when every citizen is treated equally under the law.
Unfortunately, Resolution 26-111 does not meet that standard.
An Undefined Standard
The resolution proposes changing Apartment District properties into Hotel District properties because they supposedly "operate like hotels."
The ordinance offers examples such as providing front desk services, employing groundskeepers, or having staff.
Those are examples.
They are not legal standards.
What exactly is "operating like a hotel?"
How many employees qualify?
Does every condominium with an on-site manager qualify?
Does every association with landscaping crews qualify?
Does every property with security qualify?
What measurable standard separates one condominium from another?
The legislation never says.
Without objective standards, the determination becomes subjective.
Subjective decisions invite unequal treatment.
Unequal treatment destroys public confidence.
Where Is the Evidence?
The most revealing document in today's agenda is not the resolution.
It is Corporation Counsel's review.
Corporation Counsel approved the resolution as to form and legality, but added a significant comment:
"Bills will need to establish evidence supporting determination criteria."
That statement should stop this process.
If the bills still need evidence supporting the criteria, then the Committee has not yet demonstrated why these particular properties deserve Hotel zoning while others do not.
Evidence should come before legislative action—not after it.
Government Must Show Its Work
The public deserves answers to simple questions.
Who developed the criteria?
Who decided which condominiums qualified?
Who reviewed the evidence?
What evidence was reviewed?
Were all apartment-zoned vacation rental properties evaluated using identical standards?
If not, why not?
If only certain properties were evaluated, who selected them?
Those answers are missing.
Government cannot simply announce winners and losers.
Government must explain why.
Selective Government Is Dangerous Government
One of the fundamental principles of good government is that similarly situated people should be treated similarly.
Instead, this resolution identifies only selected properties for extraordinary relief while thousands of other apartment-zoned properties remain subject to different treatment.
That raises legitimate questions.
Were political relationships considered?
Were lobbying efforts considered?
Were campaign contributors given greater access?
Were influential organizations consulted while others were excluded?
I am not accusing anyone of wrongdoing.
I am asking why the public has been given no documentation proving that these decisions were made through an objective, transparent, and impartial process.
When government refuses to explain its decisions, public suspicion naturally follows.
Transparency exists to eliminate suspicion.
The Process Continues Before the Analysis
The Committee requested written comments from both the Department of Planning and the Department of Finance.
Yet those written comments are not due until after this committee meeting.
That means you are considering legislation before receiving the formal analyses from the departments responsible for implementing it.
Why?
Why is the public hearing occurring before Planning has completed its written review?
Why is Finance still preparing its comments?
Why is the Committee moving faster than its own professional staff?
That is not how transparent government should function.
The Appearance Matters
Government ethics are not limited to avoiding actual misconduct.
Ethics also require avoiding the appearance that government decisions are influenced by favoritism, unequal access, or political influence.
Today's earlier discussions about ethics and accountability should remind every Councilmember that public confidence is fragile.
When government creates special classifications for selected private properties without publishing objective criteria, supporting evidence, or completed departmental analyses, the appearance of favoritism becomes unavoidable.
That appearance alone damages public trust.
Land Use Should Never Be Subjective
Land use decisions should be based on adopted plans, objective standards, measurable findings, and consistent application of the law.
They should never depend upon undefined phrases such as "operates like a hotel."
They should never rely upon unpublished criteria.
They should never require the public to guess why one property qualifies while another does not.
My Request
I respectfully ask this Committee to reject or defer Resolution 26-111 until:
objective criteria are publicly adopted;
supporting evidence is released for every selected property;
Planning and Finance complete their written analyses;
the public has adequate time to review those analyses; and
every property owner can be assured that the process is fair, transparent, and uniformly applied.
Government earns trust through openness.
Government earns legitimacy through equal treatment.
Government earns respect by demonstrating that no person, no organization, and no property receives special treatment unavailable to everyone else.
The citizens of Maui deserve nothing less.
Thank you for the opportunity to testify.
Edward Codelia
Aloha Chair U‘u-Hodgins, Vice Chair Batangan and Members of the Housing and Land Use Committee:
Mahalo to Chair U‘u-Hodgins for your leadership on Resolution 26-110 and for moving this process forward. As recognized in this resolution, Ma‘alaea Kai is well suited for council-initiated rezoning from A-2 Apartment District to the H-4 Hotel District. The property is on Exhibit 2 of the TIG report and has long functioned as a well-known visitor accommodation on Maui for short term rentals. It is located in a sea‑level rise exposure area, has high costs of ownership and maintenance, and is not suited for affordable housing.
We have historical materials from decades ago showing the property was publicly advertised and described in condo newsletters as a hotel condominium with features such as a front desk, daily rates, and weekly maid service. All of this evidence is available upon request.
Mahalo for your consideration and for continuing to move this matter forward as expeditiously as appropriate.
Respectfully,
Sonny Cave & Stefanie Workman
Owners, Unit 408, Ma‘alaea Kai
Our names are Yolanda and Don Miller and we have owned a small condo at Kahana Reef since 2012. We live there for about six months of every year. We are not wealthy by the way. Yolanda is a retired teacher and Don is a working journalist and he serves on the Kahana Reef Board of Directors (since 2017). But we scraped and saved for many years to afford a unit at Kahana Reef where we had been coming since the early 1990s. The past year or so has been very difficult with decisions and political pressure creating a sense of alarm at the prospect of losing our place. Kahana Reef, however, was left off the list of properties grandfathered in to the new H3-H4 zoning, which caught us by surprise. Kahana Reef is right on the ocean and, as are all such properties, attempting to stave off seawater rise. Our condo is small (1 BR, approximately 650 sq. ft.) and parking is very limited at our property. In addition, we have a resident manager on site and a front desk. Our live-in employees also do the landscaping and maintenance. We employ a local family for cleaning and inside the condo maintenance. Going back to the early 1970s when Kahana Reef was built, the property from the outset was intended for short term rental use (and we have the documents that show this; some of these documents we believe have already been submitted to your committee). By far, most of the owners at Kahana Reef are seniors, many on limited incomes and many of whom depend on having the freedom to rent out their properties for short term uses. Kahana Reef was for many years on the Minatoya list, which again makes the decision to leave us off the H3-H4 designation appear to be an oversight. We respectfully ask you to put Kahana Reef into the newly created hotel zoning. Thank you for reading this correspondence and we trust you will make the right decision. -- Yolanda and Don Miller
Please find the attached testimony in support.
Support - Please see the attached letter and enclosures.
Aloha Chair Uʻu-Hodgins, Vice Chair Batangan, and members of the Housing and Land Use Committee. My name is Bonnie Pauli, I am a Wailea Ekahi property owner and chair of Ekahi’s Board appointed Ad Hoc STR Committee. I am speaking with the support of other Ekahi owners. As individual property owners we support Resolution 26-111 as written. (my original was mistakenly posted under 26-110)
We appreciate the hours of effort that you have put into this process and are gratified to see you agree that Wailea Ekahi, when created in the 1970’s, legally provided short term rentals as well as personal residences and our A1 zoned areas more appropriately belong in the new H3 zoning category.
Units at Ekahi have been used as short term rentals from day one on the property and, initial sales advertised them as such in San Francisco and other market newspapers. Those uses continue through today. Adoption of Resolution 26-111 will help to maintain zoning at Ekahi consistent with the original intended uses by transitioning A-1 properties to H-3. The resolution also will modify the land use designations for the entire property to be consistent with the purposes for which it was developed.
I am happy to provide any additional documentation you might need to move Council Initiated zoning for this property forward.
Additional Info/Materials In support of that decision:
Ekahi currently is a mix of units with H1 zoning and A1 zoning. Upon development of Ekahi in the 1970s, the zoning code provisions for both H1 and apartment zoning allowed use of all units as temporary or short term rentals. Ekahi's original applications, its governing documents and State real estate commission filings clearly anticipated hotel use as well as permanent or temporary residences throughout the entire property.
Ekahi is part of Wailea Resort which was developed in the 1970’s to provide a place for travelers to enjoy the beauties of Maui away from residential areas for locals. There was a recognized need for a stream of income for the island and Tourism was chosen. It was further recognized that locals did not want Tourists in their neighborhoods as part of their family’s daily lives and thus Wailea Resort was conceived. To this day there are no schools in Wailea Resort, no major grocery stores, post office, local public transportation etc. WCA has testified to this use in the past and has consistently supported vacation rental use at the A1 zoned multi family properties in Wailea created while that use was allowed by Maui Code.
Thank you for moving Ekahi along in the Council Initiated Zoning change process.
Bonnie Pauli
Wailea Ekahi Property owner
Aloha ia Housing and Land Use Committee,
Noi au e 'ae ana ia Resolution 26-111, ke olu'olu.
My uncle works as a maintenance manager for Papakea. He has been working with this resort complex for a numbeer of years now and we have "staycation" there as well. The complex works as a hotel, it has a front desk for checking in and out, has 24 hour security and maintenance staff. It is only reasonable to re-zone Papakea to full H4 (right now it is A2 and H2).
We ask for your kind consideration in changing the zone to H4 for Papakea.
Mahalo piha!
Dear Chair Uʻu-Hodgins, Vice Chair Batangan, and members of the Housing and Land Use Committee:
As an owner at Papakea Oceanfront Resort, I strongly support passage of Resolution 26-111 as written. Papakea has A2/H2 zoning and as such the Maui County Planning Commission recommended that Council consider excluding Papakea from the scope of Bill 9’s short-term rental phase out. Resolution 26-111 also aligns with the recommendations of the Temporary Investigative Group which a spent significant time and effort developing those recommendations.
Thank you to Member Uʻu-Hodgins for introducing Resolution 26-111 and we ask for all councilmembers to support passage of this resolution as written.
Dear Chair Uʻu-Hodgins, Vice Chair Batangan, and members of the Housing and Land Use Committee:
I own a condominium at Papakea Oceanfront Resort and support passage of Resolution 26-111 as written.
Resolution 26-111 acknowledges the Maui County Planning Commission's prior recognition that Papakea has A2/H2 zoning and its recommendation that the Council consider excluding Papakea from the scope of Bill 9's short-term rental phase-out. The resolution is also consistent with the recommendations of the Temporary Investigative Group, which devoted significant time and effort to developing those recommendations.
Thank you, Chair Uʻu-Hodgins, for introducing Resolution 26-111. I respectfully ask all Council members to support passage of the resolution as written.
Thank you for your consideration.
Koichi Yoshimura
Dear Chair Uʻu-Hodgins, Vice Chair Batangan, and members of the Housing and Land Use Committee:
We are owners of a condominium at Papakea Oceanfront Resort and support passage of Resolution 26-111 as written. Resolution 26-111 acknowledges the foresight of the Temporary Investigative Group and its recommendation that Maui County exclude Papakea from the scope of Bill 9’s short-term rental phase out, given the way Papakea has operated over decades in its A2/H2 zoning.
Mahalo for your consideration,
Ben & Lisa Davoren
Dear Chair Uʻu-Hodgins, Vice Chair Batangan, and members of the Housing and Land Use Committee:
I own a condo at Papakea Oceanfront Resort and support passage of Resolution 26-111 as written. Resolution 26-111 represents an important acknowledgement of the Maui County Planning Commission’s prior recognition of Papakea as having A2/H2 zoning and its recommendation that Council consider excluding Papakea from the scope of Bill 9’s short-term rental phase out. Resolution 26-111 also aligns with the recommendations of the Temporary Investigative Group which a spent significant time and effort developing those recommendations.
Thank you to Member Uʻu-Hodgins for introducing Resolution 26-111 and we ask for all councilmembers to support passage of this resolution as written.
Respectfully,
Melanie Hyde
Aloha Members of the HLU Committee,
I write on behalf of the Board of Directors of the Wailea Ekolu AOAO in support of Resolution 26-111.
Ekolu is a complex of 148 one and two bedroom apartments and two bedroom townhomes on 17 acres in Wailea. The complex also has two pools, an office, and a large pavilion. We have 10 full time employees, including a General Manager, an Office Assistant, Maintenance Workers, and Gardeners.
Units at Ekolu have been used as transient vacation rentals since the property first opened. Currently, 129 out of the 148 total units are used as transient vacation rentals, either full time or part time.
With the cost to purchase units in Ekolu, along with monthly HOA fees ranging from $1,137 to $2,074 per unit plus property taxes, it would be financially infeasible to convert them to long-term rentals that would be affordable to most Maui residents. For example, the current monthly carrying costs for a one bedroom unit purchased in 2016 would require a monthly rent of at least $3,500. (Carrying costs are based upon purchase price, mortgage rate at time of purchase, and current HOA fees, approximate insurance cost and property taxes.) For a one bedroom unit purchased in 2026, the monthly rent would have to be at least $6,400 to cover just the carrying costs. (For a one bedroom purchased in 2023, when the purchase price and mortgage rates were at their peak, the monthly rent necessary to cover carrying costs would have to be more than $9,000.)
In addition to the costs, the restrictions on parking (one vehicle per unit) and pets, as well as limited storage space in the units, make them unsuitable for housing families on a long-term basis.
For these reasons, we believe Wailea Ekolu is appropriate for H-3 or H-4 zoning. Accordingly, we strongly support Resolution 26-111
Sincerely,
Gina Calvelli, Vice President
Wailea Ekolu AOAO Board of Directors
June 27, 2026
To the Council of Maui County,
We respectfully request that Kana’i A Nalu be added to Exhibit 1 or 2, whichever is deemed appropriate, for H-3/H-4 zoning. We make this request based on the details, facts, and photos we have shared within this letter.
We also sincerely thank you for all the onerous, time-consuming hard work you have put in to get us Bill 88 and the creation of H3-H4 zoning for the county. What you have accomplished will give Condo owners, their vendors, managers, cleaners, support staff, and Maui County the long-term stability needed to grow, prosper, and flourish in the future. Mahalo.
Reviewing the initial Council resolutions, we see that leasehold properties have been declared inappropriate for local families.
Kana’i A Nalu, 250 Hauoli Road in Ma’alaea, an 80-unit building, is a leasehold property but isn’t included in the resolutions.
Our lease was signed into effect on December 1, 1976. It is a 90-year lease term, with negotiations every 30 years. Our current lease rate is $1004.23 per unit per month, with the next increase in December 2026 to $1255.29. It will be renegotiated again in 2036, with expected 25% increase every ten years throughout the entire lease.
Individual owners, through our association, per our lease, are required to pay for items our landlord won’t cover:
• Maui County property taxes on the land and buildings.
• Repairs, maintenance, and improvements to the land, buildings, and seawall.
• Insurance for the land, buildings, and seawall, including liability.
As examples, currently Kanai A Nalu condo owners are facing increases to monthly maintenance fees for a new roof because the existing roof is failing, as well as a separate assessment for our shoreline adaptation, a 2.4-million-dollar sea-level-rise plan for a burrito structure with a dune and public beach access, is in the final stages of County approval, and will be paid for by the owners of Kana’i A Nalu. The expenses for operating this property are immense and will continue to be ongoing.
Our condo buildings also have a staffed front office that handles a variety of property-related functions as well as registration to include check-in/check-out dates and times.
In closing, once again please accept this letter and the explanations herein to support our request to be included on the final list for the proposed bill to change the zoning for our property Kanai A Nalu.
Please see attached copy of our original lease.
Mahalo for your time and consideration.
Sincerely, Kana’i A Nalu AOAO Representatives
_____Jim Walters__________ ________ Mary Pedretti__________
Jim Walters, Vice President AOAO Board of Directors Mary Pedretti Secretary AOAO Board of Directors
Photos include:
1) Check-in registration area, 2) Office for onsite manager , 3) Brochures for local activities