HLU-20 Reso 26-129 RESOLUTION 26-129, 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 A-1 AND A-2 APARTMENT DISTRICT PROPERTIES IN THE SEA LEVEL RISE EXPOSURE AREA (HLU-20)
Please remove Island Sands from Inclusion in Res. 26-129 which would move it from A2 to H3/H4. Island Sands should remain A2 as the 83 unit complex is a very viable option for housing for long-term renters and homeowners (currently 2 of the 5 studio apartments are owner occupied and several of the one-bedroom and two-bedroom units are owner occupied, including the Association owned 2 bed, 2 bath apartment which has been used for years for housing the resident manager). Island Sands has adequate parking for owners, one stall per unit, and ample free street parking. Island Sands has HOA fees that are less than $2000/month (which include cable tv and internet, for the largest 2 bedroom unit which is 1,069 ft. sq. plus 2 lanais that add additional living space. The fees have increased due, not to repair needs, as much as to operational management, banking, and personnel decisions which are not fiduciarily sound. The Island Sands Association has solid reserves set aside for spall repairs and plumbing issues, and also owns a debt-free 2 bedroom, 2 bath apartment which it can sell if needed to raise additional funds. Corrosion of buildings due to sea air is an island-wide issue, not just oceanside. Sea level rise should not be a great concern for Island Sands or other condos in Ma'alaea that have seawalls which are constructed well above the 3.2 ft. projected sea level rise, which is a conditional prediction for 2100, over 7 decades from now. Island Sands has a seawall that is well constructed and to date, 2026, has not needed any maintenance despite repeated inspections directed by the Island Sands board. The seawall at Island Sands has stood the test of time, storm surges, and high tides. Island Sands has never experienced ocean flooding. Please remove Island Sands from inclusion in this resolution. Island Sands is a prime property and in a central location, within walking distance to public transportation and a shopping and dining complex, to provide housing to local residents. Please retain Island Sands as A2. Mahalo for your time!
My name is Jennie Hendricks, and I'm the owner of a condominium at Waiohuli Beach Hale in Kihei.
First, I'd like to thank the Committee, Planning staff, and everyone involved in implementing Ordinance 6008. I recognize this is a complex process involving many properties and competing public interests.
Over the past several weeks, I've been carefully reviewing the public record, including the Temporary Investigative Group report, Ordinance 6008, the implementation resolutions, and the State of Hawaiʻi's official Sea Level Rise Viewer.
My purpose right now is to better understand the process.
The TIG report states that properties where any portion of the property is located within the Sea Level Rise Exposure Area were considered appropriate to continue visitor accommodation uses because they are unlikely to provide long-term housing opportunities.
Waiohuli Beach Hale appears on the County's list of historically recognized apartment-district short-term occupancy properties, and the State's official Sea Level Rise Viewer appears to show that the property intersects the 3.2-foot Sea Level Rise Exposure Area.
My question is simply this:
Was Waiohuli Beach Hale evaluated under the same published criteria used for Resolution 26-129?
If it was, I would appreciate understanding the objective basis for its omission. If it was not, I respectfully ask that it receive the same consistent evaluation applied to other similarly situated properties.
Thank you for your time and for your service to Maui County.
Exhibit A: Technical Finding and Request for Clarification
Preliminary finding: The official viewer image appears to show that at least part of the Waiohuli Beach Hale master parcel intersects the 3.2-foot Sea Level Rise Exposure Area.
What the County record confirms
• Resolution 26-129 uses the County-recognized 3.2-foot sea-level-rise coastal-erosion threshold identified in the Hawaiʻi Sea Level Rise Viewer.
• The August 5, 2026 HLU agenda states that the Committee may add properties from the attached short-term-occupancy list when they are consistent with Resolution 26-129’s purpose.
• The agenda’s Exhibit 1 lists Waiohuli Beach Hale at 49 W. Lipoa Street, master TMK 390090290000, built in 1979, with A1/PU zoning and 52 units.
• Waiohuli Beach Hale is not included in the introduced version of Resolution 26-129.
Request to the Housing and Land Use Committee
“The State of Hawaiʻi Sea Level Rise Viewer appears to show that the Waiohuli Beach Hale master parcel intersects the 3.2-foot Sea Level Rise Exposure Area. Waiohuli Beach Hale is also listed in Exhibit 1 to the August 5 agenda as an apartment-district property historically allowed to be used for short-term occupancy. Please confirm whether TMK (2) 3-9-009:029 was evaluated for Resolution 26-129, explain the objective basis for its omission, and consider adding the property if it satisfies the same criteria applied to the listed properties.”
Requested written confirmation
1. Whether any portion of master TMK (2) 3-9-009:029 intersects the official 3.2-foot SLR-XA layer.
2. Whether the A1/PU zoning notation affects eligibility for H-3 rezoning.
3. Whether the property may be added to Resolution 26-129 by amendment or included in a supplemental SLR-XA resolution.
4. What parcel map, legal description, or additional evidence the AOAO should provide.
Source record
• County of Maui, Resolution 26-129, pp. 1-2 and Exhibit 2.
• County of Maui, Housing and Land Use Committee agenda, August 5, 2026, pp. 2-3 and Exhibit 1, p. 10.
• County of Maui, Ordinance 6008, Exhibit 1 and Maui County Code §19.14.020(B)(2).
• State of Hawaiʻi Sea Level Rise Viewer, 3.2-foot SLR-XA and TMK parcel layers, screenshot dated July 31, 2026.
From: Kevin Alexander, Owner of Hale Kai Condominium, Unit 101, 3691 L. Honoapiilani Rd. Lahaina, HI 96761
Phone #: 619-788-7941
Email: Kevin.alexander1968@gmail.com
DATE: August 5, 2026
TO:
Chair Nohelani U'u-Hodgins
Vice-Chair Kauanoe Batangan
Housing and Land Use (HLU) Committee
Maui County Council
200 S. High Street, 8th Floor
Wailuku, HI 96793
SUBMITTED VIA EMAIL: HLU.committee@mauicounty.us
RE: TESTIMONY IN SUPPORT OF H-3/H-4 REZONING FOR HALE KAI CONDOMINIUMS (Resolutions 26-129 and 26-130)
Aloha Chair U'u-Hodgins, Vice-Chair Batangan, and Members of the HLU Committee,
My name is Kevin Alexander and I am the owner of Unit 101 at Hale Kai Condominiums. I am submitting this testimony to strongly urge the Committee to advance Hale Kai to the Maui Planning Commission for rezoning to the new H-3 or H-4 Hotel District, as recommended by the Temporary Investigative Group’s (TIG) "Exhibit 2" property list.
I fully respect and support the Council’s vital mission to secure long-term, affordable workforce housing for Maui’s local families. However, stripping Hale Kai of its legal, grandfathered short-term rental status will not achieve this goal. Due to the property's coastal geography and baseline carrying costs, converting Hale Kai into permanent residential housing is economically unfeasible and environmentally irresponsible.
I respectfully ask the Committee to consider the following realities regarding Hale Kai:
1. Sea Level Rise Exposure (SLR-XA)
Hale Kai is an older, ocean-front property situated feet from the shoreline and falls heavily within mapped coastal hazard zones. It is impractical public policy to funnel local families into oceanfront buildings facing chronic wave exposure, shoreline erosion, and climate-related hazards. Properties facing immediate Sea Level Rise Exposure are suited for transient, short-term visitor use—not permanent residential communities.
2. Baseline Costs Prohibit "Affordable" Housing
Revoking our short-term rental rights will not transform Hale Kai units into affordable workforce housing. Between soaring coastal property insurance premiums, high property taxes, and monthly HOA fees currently exceeding $1,250 - $1,750, the baseline carrying cost to simply maintain a unit here is very high. These hard costs, including a mortgage, total in excess of $4,500 per month, making longer term monthly rentals impossible. Forcing this property into the long-term rental market will only result in rentals at very high rental prices that most if not all local residents will not use, leaving units sitting vacant as second homes for off-island owners like myself.
3. The Threat of HOA Insolvency and Coastal Blight
Oceanfront properties require major, continuous maintenance reserves to combat salt spray corrosion, wear, and seawall maintenance. Banning short-term rentals at Hale Kai will drastically reduce the income that funds these critical reserves. If owners default and the HOA becomes insolvent, the building will inevitably fall into disrepair, creating an environmental hazard and a structural blight directly on West Maui's shoreline.
4. Sustaining Maui's Economic Engine
Hale Kai currently operates as a vital economic engine for West Maui. We generate critical Transient Accommodations Tax (TAT) revenue that the County relies upon to fund actual, purpose-built affordable housing developments inland. Furthermore, our continued operation sustains the livelihoods of local property managers, cleaners, tradespeople, and maintenance workers who depend on the visitor industry for local jobs.
Hale Kai was properly evaluated and identified by the TIG as a property that operates like a hotel and should retain that status. It has always maintained a front check-in and support office onsite, and a pool to serve guests. Hale Kai has always and continuously served as a short term rental property since it was built in the 1960’s, and it has contributed substantial funds to support the local economy. The units at Hale Kai are small, similar to a hotel room, and are designed for short term visitors not long term rentals.
I respectfully request that the Committee prioritize environmental safety and economic reality by including Hale Kai in the current wave of properties referred for H-3/H-4 rezoning.
Mahalo for your time, your service to our county, and your careful consideration of this testimony.
Sincerely,
Kevin Alexander
SEA-LEVEL-RISE, FLOOD, EROSION, AND ACCESS RISKS MAKE FORCED CONVERSION UNSOUND
Hale Kai O'Kihei's shoreline location, FEMA Flood Zone AH status, non-elevated slab-on-grade construction, first-floor height of 1.1 feet, and 3.2-foot SLR-XA exposure create long-term concerns regarding safety, habitability, insurance, financing, infrastructure, access, reconstruction, reserves, and displacement risk.
Hale Kai O'Kihei occurs within the 3.2-foot Sea Level Rise Exposure Area, commonly referred to as the 3.2-foot SLR-XA, as mapped in the Hawai'i Sea Level Rise Viewer. In this scenario, sea water encroaches the building footprint even before using the 4’ mark recommended by the state for planning purposes. It also brings the erosion line to the building by 2050. Local families cannot be taking out 30 year mortgages on this property without putting everything at risk.
The 3.2-foot SLR-XA identifies exposure to chronic coastal hazards associated with sea-level rise, including active and passive flooding, annual high-wave flooding, and coastal erosion.
Hale Kai O'Kihei's sea-level-rise exposure is not merely a parcel overlay concern; the draft record states that sea-level-rise exposure encroaches on the building structure itself.
Hale Kai O'Kihei is constrained between the shoreline and Uluniu Road, creating a coastal pinch point where overwash, coastal flooding, storm debris, or erosion can impair access and egress.
Access and egress concerns are not merely inconvenient; they implicate emergency medical response, evacuation timing, infrastructure reliability, and resident safety.
The County should not use coastal vulnerability as a one-way ratchet. It cannot say Hale Kai O'Kihei is too vulnerable or inappropriate for continued visitor-accommodation protection while also treating the same property as suitable permanent housing for local residents. If flood risk and sea-level-rise exposure matter, they weigh against forced long-term residential conversion.
The County's own TIG criterion weighs against treating SLR-XA properties as long-term housing
The Bill 9 Temporary Investigative Group (TIG) made a directly relevant screening finding: properties where any portion of the property is located in the SLR-XA, or would already be impacted by sea-level rise, would not produce long-term housing options for residents and would therefore be appropriate to continue TVR uses. The County should not rely on this criterion to justify a hotel-zoning pathway for some shoreline properties while treating similarly exposed properties as if they can reliably produce long-term housing.
A long-term housing strategy that places residents in a known SLR-XA shoreline exposure area creates unstable habitability rather than stable homes. It predictably increases pressure for shoreline hardening, emergency intervention, and public-cost shifting as coastal impacts worsen.
INSURANCE LIMITATIONS CREATE A STRUCTURAL GAP THAT WORKFORCE BUYERS CANNOT SOLVE
The County should not count Hale Kai O'Kihei as safe, financeable, ordinary long-term housing unless it first addresses the actual insurance structure. The AOAO's flood insurance is association-level building coverage, not owner-controlled dwelling coverage comparable to a single-family home policy.
$250,000 per unit multiplied by 59 units equals $14,750,000.
Our master RCBAP policy is written at the maximum NFIP building coverage available on a 59-unit condominium building.
Once the RCBAP is maxed out at the NFIP per-unit building cap, an individual owner cannot simply buy additional FEMA/NFIP dwelling or building coverage to close a structural gap.
An individual owner may be able to purchase contents coverage or limited supplemental coverage, but FEMA/NFIP cannot be used to increase total building coverage above the applicable federal cap.
The RCBAP does not make each individual owner whole for gaps, deductibles, assessments, displacement, contents, improvements, financing problems, or reconstruction shortfalls.
A HO-6 policy is not a solution to the flood-building gap.
Private dwelling flood policies are reportedly not financially obtainable for this property at this time as they would bring monthly flood insurance with HO-6 coverage to $1,000 per month (on top of the coat of the Master policy included in the monthly HOA dues) putting the monthly carrying cost above $6,000 per year for a small < 600 sq fit one bedroom unit, studio style unit.
Respectfully,
Cheryl Vohaska, Owner
Hale Kai O’Kihei
On behalf of the owners of the condominium apartments at Hoyochi Nikko and the Association of Apartment Owners of Hoyochi Nikko (AOAO Hoyochi Nikko), we again respectfully request that Hoyochi Nikko be included in the Council-Initiated Zoning Resolutions designating eligible properties for H-3/H-4 zoning.
In particular, we understand that the Housing and Land Use Committee will be meeting on Wednesday, August 5, 2026 to consider the next round of resolutions implementing Ordinance 6008. Furthermore, we understand that his round will focus on including properties in Sea Level Rise Exposure Areas (SLR-XA) in resolutions.
As noted on page 10 of the TIG report "Properties where any portion of the property is located in the full SLR-XA or would already be impacted by sea-level rise would not produce long-term housing options for residents and would therefore be appropriate to continue TVR uses."
To that end, Hoyochi Nikko is in the SLR-XA Flood Hazard Zone and recent resolutions 26-129 and 26-130 have not included us. In contrast, our neighboring properties, Kuleana to our north and Hale Mahina to our south, were included in prior resolution 26-110 and Lokelani and Hale Ono Loa (the second and third properties to our south) are included in resolution 26-129.
It is noteworthy that when using the Pacific Islands Ocean Observing System tool (PacIOOS) (https://www.pacioos.hawaii.edu/shoreline/slr-hawaii/) to look at the coast line around Hoyochi Nikko with the Seal Level Rise Exposure Area set to 3.2 feet Hoyochi Nikko's building is fully in the at risk area along with our neighboring properties Kuleana, Hale Mahina, Lokelani and Hale Ono Loa. Here is an annotated screen shot showing the Hoyochi Nikko and those neighboring properties that have already been included in a resolution.
Hoyochi Nikko shares the same defining characteristics as these neighboring properties (Kuleana, Hale Mahina, Lokelani and Hale Ono Loa). All of them are:
• In SLR-XA 3.2 foot exposure flood hazard zone
• Zoned A-1 or A-2 Apartment District
• Recognized as a legal TVR property under Maui County Ordinance No. 1797 (Minatoya List)
• Oceanfront - with limited suitability and affordability for long term residential housing
The owners of Hoyochi Nikko respectfully ask the Council to provide Hoyochi Nikko with the same consideration afforded other similarly situated properties and include us to the condominiums designated for H-3/H-4 rezoning through the Council-Initiated Zoning Resolutions process.
We appreciate your consideration of our request and welcome the opportunity to provide additional documentation, answer questions, or meet with you to further discuss Hoyochi Nikko’s eligibility.
Please ensure that Hale Kai O Kihei is evaluated for inclusion in the council-initiated hotel rezoning using the same sea level rise criteria applied to properties already included in this resolution (3.3ft SLR-XA encroaching the building and restricted evacuation and emergency access by road). Defaulting our property to long-term residential use without first determining whether it is safe (both physically and financially) and appropriate for local families would not serve the public interest. Every property facing similar sea level rise impacts deserves the same careful, consistent review so that decisions are based on objective criteria, safety, and sound planning; not arbitrary exclusion. Safety and sound planning need to be the central focus always, but more-so than ever in light of what the local community experienced in 2023. No person or family should be in a known position of elevated risk of that could cause human and financial losses that could be avoided by proper planning.
Thank you for your consideration.
Respectfully,
Bill Vohaska
Hale Kai O’Kihei Owner
Aloha HLUC and Thank you for Receiving our Testimony
My name is Eve Hogan and I am Testifying in favor of Resolution 26-129 on behalf of both Island Sands and Ma’alaea Kai.
As you know, both complexes, as well as all the complexes in Ma’alaea are clearly in the Sea Level Rise Exposure Area and the impact of that issue is better managed by TVR use than long term residential use.
Current Erosion and Corrosion Expenses:
However, some may say that SLR-XA is not an impact that will happen for decades and think that these properties should be used for long term housing now. What they may not be aware of is that the issue is already happening, measurable and expensive now. The immense expense involved in repairs and maintenance required is not just from sea level rise, but also sea air exposure.
Both Ma’alaea Kai and Island Sands resort have sea walls that face continuous erosion challenges and potential special assessments that will cost owners many thousands of dollars. Both buildings are also impacted by spalling and corrosion from continuous sea air exposure.
County Purchase or Subsidy:
Some may think the County should buy or subsidize these units for long term occupants, however that would require the County to not only support the immense monthly expense of these units (currently $5000-8000 a month plus special assessments), and the Sea Level Rise and sea air exposure issues, but also the infrastructure in Ma’alaea necessary to accommodate an influx of residents.
Residential Infrastructure Requirements:
For example: If 395 condominiums suddenly had two drivers/cars per unit rather than the one car per unit from TVR use now, there would be an immediate need for nearly 400 new parking places, minimum, along Hau’oli Road in Ma’alaea. This goes up exponentially with additional roommates or family members of driving age, and there is currently no visitor parking available in Ma’alaea.
Ma’alaea has no residential infrastructure and the County would have to plan for and install this by 2030. For instance, there are no schools or school buses, markets, post office, or police station. Sewer, water and electricity may all have to be updated for the potential increased population. In addition there is only one ingress and egress to these complexes on Hau’oli road so the increased traffic should require additional road work. Transitioning Ma’alaea to solely residential accommodations would be an expensive undertaking for the County, especially while facing the loss of income these units currently provide to the County and State.
Condominiums NOT Apartments:
Special considerations also arise because these are Condominiums, not Apartments. Apartments are not owned individually; They have a single owner-entity with equitable rent fees based on size of unit. Condominiums are all separately owned and were purchased at all different times for different prices, making equitable rental pricing impossible. Some people bought their units 20-50 years ago and may have little or no mortgage left and can thus rent or live there relatively affordably. Those that bought in the last 5-10 years would have to charge much more. Condominiums are not structured like Apartments and should never have been zoned “apartment” in the first place.
Affordability Variable Due to Purchase Date:
Our research shows that:
Of the 13 owner occupied units in Ma’alaea Kai, 6 were purchased prior to 2005. 4 between 2005 and 2018. 4 between 2019 and 2026. The price variable, hence the monthly expense variable, is immense.
Of the 4 long term rentals in Ma’alaea Kai, all four were purchased over 10 years ago. None of the units purchased since are reasonable pricing for long term rentals.
Of the 7 owner occupied units in Island Sands Resort, 6 of them were purchased prior to 2018, with the purchase price range is $80,000 to $280,000 with one purchased in 2020 for $465,000.
Of the 4 long term rentals in Island Sands, all of them were purchased over ten years ago or longer. The purchase price ranges from $59,000-$399,000.
In addition, a multigenerational Maui couple in their 80’s reported that they purchased a condominium in the Ma’alaea Mermaid in 2021 for $320,000. The “Mermaid” does not allow TVR usage. They have to rent their one bedroom condo out for close to $2500 a month to break even. In 2025, they had to lower the price to $2100 a month at a loss to them, and still no one moved in. It sat empty for 6 months in 2025, after the fires. It then rented for a short while in 2026 and is now sitting empty again with no interested renters.
Ma’alaea 2020 Census Demographics
The Census of 2020 revealed that the demographics of the long term occupants in Ma’alaea was closer to that of a retirement community than a residential neighborhood. Ma’alaea has one of the oldest demographics on Maui. Only 1% were children, 0% teenagers and well over 50% in the range of 50-90 years in age. One could surmise that that could change if these were all long term occupancy. However, having to drive a significant distance to work, the nearest school, and the current absence of school busses, grocery stores, banks, post offices or other conveniences, and with the continuously increasing cost of gas, again, as is, Ma’alaea is not convenient, nor affordable for many families.
We support the Lateral Zoning to H-3/H-4
So yes, Ma’alaea Kai and Island Sands Resort are both within the Sea Level Rise Exposure Area and for that alone, we support the Lateral Zoning Change to H-3/H-4 zoning. However, as you can see, there are many, many reasons these complexes, and the others in Ma’alaea, should be zoned as H-3/H-4. (This is intentionally not referred to as an “Up-Zone” as the zoning change does not allow any additional use or changes, simply a like-for-like lateral zoning change allowing continued legal land use as TVRs, as has been the case for decades.)
Thank you for your thoughtful time and foresight in mitigating the negative impacts of Bill 9.
Good morning Chair and Committee Members,
Our names are Douglas and Susan Fiddick and we own a unit in The Hale Kai O’Kihei.
We respectfully ask that The Hale Kai O’Kihei receive the same Planning Department review that has been given to other Minatoya list properties in the State of Hawaii’s Sea Level Rise Exposure Area planning criteria.
These guidelines were created as a guide to long term planning. In these guidelines it appears that the Hale Kai O’Kihei seems to have significant concerns regarding sea level rise. If the County is using these planning maps when deciding on Hotel 3 or Hotel 4 rezoning, we respectively ask that the same objective review be applied to The Hale Kai O’Kihei.
We request that all similarly situated properties be evaluated consistently using the same planning standards to make a decision.
Thank you for your time and consideration in reading this submission.
Sincerely,
Douglas and Susan Fiddick
Aloha. My husband and I, Armin & Suzanne Irvani, own a condo in Hale Kai O Kihei. We are asking the Planning Commission to give Hale Kai O Kihei the same review that has been given to other Mintoya properties under the State of Hawaii's Sea Level Rise Exposure Area planning criteria.
We are asking for Hale Kai O Kihei to be given the same consistent review as other properties in the Hotel-3 or Hotel-4 rezoning areas.
I am Ari Minasian, a condominium owner at Hale Kai O’Kihei.
I believe there was an oversight made. The Hale Kai O’Kihei complex was omitted from Ordinance 26-129. Like the other Kihei-based complexes currently listed in the ordinance, we are at a similar risk of sea level rise, potentially even more at risk since our complex is oceanfront whereas some of the others on the list are not.
According to these State planning maps...
The 3.2-foot Sea Level Rise Exposure Area reaches portions of our property and building footprint.
The maps also indicate potential impacts to practical emergency access to and from the property.
The State identifies the 3.2-foot SLR-XA as the primary planning benchmark for land-use decisions.
I am requesting that Hale Kai O’Kihei be considered for H3 and H4 rezoning based on the Sea Level Rise criteria and that the complex be reviewed under the same criteria used to evaluate the complexes currently listed on Ordinance 26-129.
My name is Denise Pflum, and I am an owner at Hale Kai O’Kihei.
I respectfully ask that Hale Kai O’Kihei receive the same Planning Department review that has been given to other Minatoya properties under the State of Hawaiʻi’s Sea Level Rise Exposure Area planning criteria.
The State created these maps to guide long-term land-use planning. According to the State’s mapping, Hale Kai O’Kihei appears to have significant sea level rise planning concerns, including impacts to the building footprint and practical emergency access.
If the County is relying on these State planning maps when deciding which properties should be considered for Council-initiated Hotel-3 or Hotel-4 rezoning, I respectfully ask that the same objective review be applied to Hale Kai O’Kihei.
My request is simply that all similarly situated properties be evaluated consistently using the same planning standards before decisions are made.
Please remove Island Sands from Inclusion in Res. 26-129 which would move it from A2 to H3/H4. Island Sands should remain A2 as the 83 unit complex is a very viable option for housing for long-term renters and homeowners (currently 2 of the 5 studio apartments are owner occupied and several of the one-bedroom and two-bedroom units are owner occupied, including the Association owned 2 bed, 2 bath apartment which has been used for years for housing the resident manager). Island Sands has adequate parking for owners, one stall per unit, and ample free street parking. Island Sands has HOA fees that are less than $2000/month (which include cable tv and internet, for the largest 2 bedroom unit which is 1,069 ft. sq. plus 2 lanais that add additional living space. The fees have increased due, not to repair needs, as much as to operational management, banking, and personnel decisions which are not fiduciarily sound. The Island Sands Association has solid reserves set aside for spall repairs and plumbing issues, and also owns a debt-free 2 bedroom, 2 bath apartment which it can sell if needed to raise additional funds. Corrosion of buildings due to sea air is an island-wide issue, not just oceanside. Sea level rise should not be a great concern for Island Sands or other condos in Ma'alaea that have seawalls which are constructed well above the 3.2 ft. projected sea level rise, which is a conditional prediction for 2100, over 7 decades from now. Island Sands has a seawall that is well constructed and to date, 2026, has not needed any maintenance despite repeated inspections directed by the Island Sands board. The seawall at Island Sands has stood the test of time, storm surges, and high tides. Island Sands has never experienced ocean flooding. Please remove Island Sands from inclusion in this resolution. Island Sands is a prime property and in a central location, within walking distance to public transportation and a shopping and dining complex, to provide housing to local residents. Please retain Island Sands as A2. Mahalo for your time!
My name is Jennie Hendricks, and I'm the owner of a condominium at Waiohuli Beach Hale in Kihei.
First, I'd like to thank the Committee, Planning staff, and everyone involved in implementing Ordinance 6008. I recognize this is a complex process involving many properties and competing public interests.
Over the past several weeks, I've been carefully reviewing the public record, including the Temporary Investigative Group report, Ordinance 6008, the implementation resolutions, and the State of Hawaiʻi's official Sea Level Rise Viewer.
My purpose right now is to better understand the process.
The TIG report states that properties where any portion of the property is located within the Sea Level Rise Exposure Area were considered appropriate to continue visitor accommodation uses because they are unlikely to provide long-term housing opportunities.
Waiohuli Beach Hale appears on the County's list of historically recognized apartment-district short-term occupancy properties, and the State's official Sea Level Rise Viewer appears to show that the property intersects the 3.2-foot Sea Level Rise Exposure Area.
My question is simply this:
Was Waiohuli Beach Hale evaluated under the same published criteria used for Resolution 26-129?
If it was, I would appreciate understanding the objective basis for its omission. If it was not, I respectfully ask that it receive the same consistent evaluation applied to other similarly situated properties.
Thank you for your time and for your service to Maui County.
Exhibit A: Technical Finding and Request for Clarification
Preliminary finding: The official viewer image appears to show that at least part of the Waiohuli Beach Hale master parcel intersects the 3.2-foot Sea Level Rise Exposure Area.
What the County record confirms
• Resolution 26-129 uses the County-recognized 3.2-foot sea-level-rise coastal-erosion threshold identified in the Hawaiʻi Sea Level Rise Viewer.
• The August 5, 2026 HLU agenda states that the Committee may add properties from the attached short-term-occupancy list when they are consistent with Resolution 26-129’s purpose.
• The agenda’s Exhibit 1 lists Waiohuli Beach Hale at 49 W. Lipoa Street, master TMK 390090290000, built in 1979, with A1/PU zoning and 52 units.
• Waiohuli Beach Hale is not included in the introduced version of Resolution 26-129.
Request to the Housing and Land Use Committee
“The State of Hawaiʻi Sea Level Rise Viewer appears to show that the Waiohuli Beach Hale master parcel intersects the 3.2-foot Sea Level Rise Exposure Area. Waiohuli Beach Hale is also listed in Exhibit 1 to the August 5 agenda as an apartment-district property historically allowed to be used for short-term occupancy. Please confirm whether TMK (2) 3-9-009:029 was evaluated for Resolution 26-129, explain the objective basis for its omission, and consider adding the property if it satisfies the same criteria applied to the listed properties.”
Requested written confirmation
1. Whether any portion of master TMK (2) 3-9-009:029 intersects the official 3.2-foot SLR-XA layer.
2. Whether the A1/PU zoning notation affects eligibility for H-3 rezoning.
3. Whether the property may be added to Resolution 26-129 by amendment or included in a supplemental SLR-XA resolution.
4. What parcel map, legal description, or additional evidence the AOAO should provide.
Source record
• County of Maui, Resolution 26-129, pp. 1-2 and Exhibit 2.
• County of Maui, Housing and Land Use Committee agenda, August 5, 2026, pp. 2-3 and Exhibit 1, p. 10.
• County of Maui, Ordinance 6008, Exhibit 1 and Maui County Code §19.14.020(B)(2).
• State of Hawaiʻi Sea Level Rise Viewer, 3.2-foot SLR-XA and TMK parcel layers, screenshot dated July 31, 2026.
From: Kevin Alexander, Owner of Hale Kai Condominium, Unit 101, 3691 L. Honoapiilani Rd. Lahaina, HI 96761
Phone #: 619-788-7941
Email: Kevin.alexander1968@gmail.com
DATE: August 5, 2026
TO:
Chair Nohelani U'u-Hodgins
Vice-Chair Kauanoe Batangan
Housing and Land Use (HLU) Committee
Maui County Council
200 S. High Street, 8th Floor
Wailuku, HI 96793
SUBMITTED VIA EMAIL: HLU.committee@mauicounty.us
RE: TESTIMONY IN SUPPORT OF H-3/H-4 REZONING FOR HALE KAI CONDOMINIUMS (Resolutions 26-129 and 26-130)
Aloha Chair U'u-Hodgins, Vice-Chair Batangan, and Members of the HLU Committee,
My name is Kevin Alexander and I am the owner of Unit 101 at Hale Kai Condominiums. I am submitting this testimony to strongly urge the Committee to advance Hale Kai to the Maui Planning Commission for rezoning to the new H-3 or H-4 Hotel District, as recommended by the Temporary Investigative Group’s (TIG) "Exhibit 2" property list.
I fully respect and support the Council’s vital mission to secure long-term, affordable workforce housing for Maui’s local families. However, stripping Hale Kai of its legal, grandfathered short-term rental status will not achieve this goal. Due to the property's coastal geography and baseline carrying costs, converting Hale Kai into permanent residential housing is economically unfeasible and environmentally irresponsible.
I respectfully ask the Committee to consider the following realities regarding Hale Kai:
1. Sea Level Rise Exposure (SLR-XA)
Hale Kai is an older, ocean-front property situated feet from the shoreline and falls heavily within mapped coastal hazard zones. It is impractical public policy to funnel local families into oceanfront buildings facing chronic wave exposure, shoreline erosion, and climate-related hazards. Properties facing immediate Sea Level Rise Exposure are suited for transient, short-term visitor use—not permanent residential communities.
2. Baseline Costs Prohibit "Affordable" Housing
Revoking our short-term rental rights will not transform Hale Kai units into affordable workforce housing. Between soaring coastal property insurance premiums, high property taxes, and monthly HOA fees currently exceeding $1,250 - $1,750, the baseline carrying cost to simply maintain a unit here is very high. These hard costs, including a mortgage, total in excess of $4,500 per month, making longer term monthly rentals impossible. Forcing this property into the long-term rental market will only result in rentals at very high rental prices that most if not all local residents will not use, leaving units sitting vacant as second homes for off-island owners like myself.
3. The Threat of HOA Insolvency and Coastal Blight
Oceanfront properties require major, continuous maintenance reserves to combat salt spray corrosion, wear, and seawall maintenance. Banning short-term rentals at Hale Kai will drastically reduce the income that funds these critical reserves. If owners default and the HOA becomes insolvent, the building will inevitably fall into disrepair, creating an environmental hazard and a structural blight directly on West Maui's shoreline.
4. Sustaining Maui's Economic Engine
Hale Kai currently operates as a vital economic engine for West Maui. We generate critical Transient Accommodations Tax (TAT) revenue that the County relies upon to fund actual, purpose-built affordable housing developments inland. Furthermore, our continued operation sustains the livelihoods of local property managers, cleaners, tradespeople, and maintenance workers who depend on the visitor industry for local jobs.
Hale Kai was properly evaluated and identified by the TIG as a property that operates like a hotel and should retain that status. It has always maintained a front check-in and support office onsite, and a pool to serve guests. Hale Kai has always and continuously served as a short term rental property since it was built in the 1960’s, and it has contributed substantial funds to support the local economy. The units at Hale Kai are small, similar to a hotel room, and are designed for short term visitors not long term rentals.
I respectfully request that the Committee prioritize environmental safety and economic reality by including Hale Kai in the current wave of properties referred for H-3/H-4 rezoning.
Mahalo for your time, your service to our county, and your careful consideration of this testimony.
Sincerely,
Kevin Alexander
Dear HLU Committee,
RE: Hale Kai O’Kihei
SEA-LEVEL-RISE, FLOOD, EROSION, AND ACCESS RISKS MAKE FORCED CONVERSION UNSOUND
Hale Kai O'Kihei's shoreline location, FEMA Flood Zone AH status, non-elevated slab-on-grade construction, first-floor height of 1.1 feet, and 3.2-foot SLR-XA exposure create long-term concerns regarding safety, habitability, insurance, financing, infrastructure, access, reconstruction, reserves, and displacement risk.
Hale Kai O'Kihei occurs within the 3.2-foot Sea Level Rise Exposure Area, commonly referred to as the 3.2-foot SLR-XA, as mapped in the Hawai'i Sea Level Rise Viewer. In this scenario, sea water encroaches the building footprint even before using the 4’ mark recommended by the state for planning purposes. It also brings the erosion line to the building by 2050. Local families cannot be taking out 30 year mortgages on this property without putting everything at risk.
The 3.2-foot SLR-XA identifies exposure to chronic coastal hazards associated with sea-level rise, including active and passive flooding, annual high-wave flooding, and coastal erosion.
Hale Kai O'Kihei's sea-level-rise exposure is not merely a parcel overlay concern; the draft record states that sea-level-rise exposure encroaches on the building structure itself.
Hale Kai O'Kihei is constrained between the shoreline and Uluniu Road, creating a coastal pinch point where overwash, coastal flooding, storm debris, or erosion can impair access and egress.
Access and egress concerns are not merely inconvenient; they implicate emergency medical response, evacuation timing, infrastructure reliability, and resident safety.
The County should not use coastal vulnerability as a one-way ratchet. It cannot say Hale Kai O'Kihei is too vulnerable or inappropriate for continued visitor-accommodation protection while also treating the same property as suitable permanent housing for local residents. If flood risk and sea-level-rise exposure matter, they weigh against forced long-term residential conversion.
The County's own TIG criterion weighs against treating SLR-XA properties as long-term housing
The Bill 9 Temporary Investigative Group (TIG) made a directly relevant screening finding: properties where any portion of the property is located in the SLR-XA, or would already be impacted by sea-level rise, would not produce long-term housing options for residents and would therefore be appropriate to continue TVR uses. The County should not rely on this criterion to justify a hotel-zoning pathway for some shoreline properties while treating similarly exposed properties as if they can reliably produce long-term housing.
A long-term housing strategy that places residents in a known SLR-XA shoreline exposure area creates unstable habitability rather than stable homes. It predictably increases pressure for shoreline hardening, emergency intervention, and public-cost shifting as coastal impacts worsen.
INSURANCE LIMITATIONS CREATE A STRUCTURAL GAP THAT WORKFORCE BUYERS CANNOT SOLVE
The County should not count Hale Kai O'Kihei as safe, financeable, ordinary long-term housing unless it first addresses the actual insurance structure. The AOAO's flood insurance is association-level building coverage, not owner-controlled dwelling coverage comparable to a single-family home policy.
$250,000 per unit multiplied by 59 units equals $14,750,000.
Our master RCBAP policy is written at the maximum NFIP building coverage available on a 59-unit condominium building.
Once the RCBAP is maxed out at the NFIP per-unit building cap, an individual owner cannot simply buy additional FEMA/NFIP dwelling or building coverage to close a structural gap.
An individual owner may be able to purchase contents coverage or limited supplemental coverage, but FEMA/NFIP cannot be used to increase total building coverage above the applicable federal cap.
The RCBAP does not make each individual owner whole for gaps, deductibles, assessments, displacement, contents, improvements, financing problems, or reconstruction shortfalls.
A HO-6 policy is not a solution to the flood-building gap.
Private dwelling flood policies are reportedly not financially obtainable for this property at this time as they would bring monthly flood insurance with HO-6 coverage to $1,000 per month (on top of the coat of the Master policy included in the monthly HOA dues) putting the monthly carrying cost above $6,000 per year for a small < 600 sq fit one bedroom unit, studio style unit.
Respectfully,
Cheryl Vohaska, Owner
Hale Kai O’Kihei
Aloha HLU Committee Members,
On behalf of the owners of the condominium apartments at Hoyochi Nikko and the Association of Apartment Owners of Hoyochi Nikko (AOAO Hoyochi Nikko), we again respectfully request that Hoyochi Nikko be included in the Council-Initiated Zoning Resolutions designating eligible properties for H-3/H-4 zoning.
In particular, we understand that the Housing and Land Use Committee will be meeting on Wednesday, August 5, 2026 to consider the next round of resolutions implementing Ordinance 6008. Furthermore, we understand that his round will focus on including properties in Sea Level Rise Exposure Areas (SLR-XA) in resolutions.
As noted on page 10 of the TIG report "Properties where any portion of the property is located in the full SLR-XA or would already be impacted by sea-level rise would not produce long-term housing options for residents and would therefore be appropriate to continue TVR uses."
To that end, Hoyochi Nikko is in the SLR-XA Flood Hazard Zone and recent resolutions 26-129 and 26-130 have not included us. In contrast, our neighboring properties, Kuleana to our north and Hale Mahina to our south, were included in prior resolution 26-110 and Lokelani and Hale Ono Loa (the second and third properties to our south) are included in resolution 26-129.
It is noteworthy that when using the Pacific Islands Ocean Observing System tool (PacIOOS) (https://www.pacioos.hawaii.edu/shoreline/slr-hawaii/) to look at the coast line around Hoyochi Nikko with the Seal Level Rise Exposure Area set to 3.2 feet Hoyochi Nikko's building is fully in the at risk area along with our neighboring properties Kuleana, Hale Mahina, Lokelani and Hale Ono Loa. Here is an annotated screen shot showing the Hoyochi Nikko and those neighboring properties that have already been included in a resolution.
Hoyochi Nikko shares the same defining characteristics as these neighboring properties (Kuleana, Hale Mahina, Lokelani and Hale Ono Loa). All of them are:
• In SLR-XA 3.2 foot exposure flood hazard zone
• Zoned A-1 or A-2 Apartment District
• Recognized as a legal TVR property under Maui County Ordinance No. 1797 (Minatoya List)
• Oceanfront - with limited suitability and affordability for long term residential housing
The owners of Hoyochi Nikko respectfully ask the Council to provide Hoyochi Nikko with the same consideration afforded other similarly situated properties and include us to the condominiums designated for H-3/H-4 rezoning through the Council-Initiated Zoning Resolutions process.
We appreciate your consideration of our request and welcome the opportunity to provide additional documentation, answer questions, or meet with you to further discuss Hoyochi Nikko’s eligibility.
Mahalo for your help!
Walt Bell
AOAO Hoyochi Nikko Board Chairperson
Dear HLU Committee,
Please ensure that Hale Kai O Kihei is evaluated for inclusion in the council-initiated hotel rezoning using the same sea level rise criteria applied to properties already included in this resolution (3.3ft SLR-XA encroaching the building and restricted evacuation and emergency access by road). Defaulting our property to long-term residential use without first determining whether it is safe (both physically and financially) and appropriate for local families would not serve the public interest. Every property facing similar sea level rise impacts deserves the same careful, consistent review so that decisions are based on objective criteria, safety, and sound planning; not arbitrary exclusion. Safety and sound planning need to be the central focus always, but more-so than ever in light of what the local community experienced in 2023. No person or family should be in a known position of elevated risk of that could cause human and financial losses that could be avoided by proper planning.
Thank you for your consideration.
Respectfully,
Bill Vohaska
Hale Kai O’Kihei Owner
Aloha HLUC and Thank you for Receiving our Testimony
My name is Eve Hogan and I am Testifying in favor of Resolution 26-129 on behalf of both Island Sands and Ma’alaea Kai.
As you know, both complexes, as well as all the complexes in Ma’alaea are clearly in the Sea Level Rise Exposure Area and the impact of that issue is better managed by TVR use than long term residential use.
Current Erosion and Corrosion Expenses:
However, some may say that SLR-XA is not an impact that will happen for decades and think that these properties should be used for long term housing now. What they may not be aware of is that the issue is already happening, measurable and expensive now. The immense expense involved in repairs and maintenance required is not just from sea level rise, but also sea air exposure.
Both Ma’alaea Kai and Island Sands resort have sea walls that face continuous erosion challenges and potential special assessments that will cost owners many thousands of dollars. Both buildings are also impacted by spalling and corrosion from continuous sea air exposure.
County Purchase or Subsidy:
Some may think the County should buy or subsidize these units for long term occupants, however that would require the County to not only support the immense monthly expense of these units (currently $5000-8000 a month plus special assessments), and the Sea Level Rise and sea air exposure issues, but also the infrastructure in Ma’alaea necessary to accommodate an influx of residents.
Residential Infrastructure Requirements:
For example: If 395 condominiums suddenly had two drivers/cars per unit rather than the one car per unit from TVR use now, there would be an immediate need for nearly 400 new parking places, minimum, along Hau’oli Road in Ma’alaea. This goes up exponentially with additional roommates or family members of driving age, and there is currently no visitor parking available in Ma’alaea.
Ma’alaea has no residential infrastructure and the County would have to plan for and install this by 2030. For instance, there are no schools or school buses, markets, post office, or police station. Sewer, water and electricity may all have to be updated for the potential increased population. In addition there is only one ingress and egress to these complexes on Hau’oli road so the increased traffic should require additional road work. Transitioning Ma’alaea to solely residential accommodations would be an expensive undertaking for the County, especially while facing the loss of income these units currently provide to the County and State.
Condominiums NOT Apartments:
Special considerations also arise because these are Condominiums, not Apartments. Apartments are not owned individually; They have a single owner-entity with equitable rent fees based on size of unit. Condominiums are all separately owned and were purchased at all different times for different prices, making equitable rental pricing impossible. Some people bought their units 20-50 years ago and may have little or no mortgage left and can thus rent or live there relatively affordably. Those that bought in the last 5-10 years would have to charge much more. Condominiums are not structured like Apartments and should never have been zoned “apartment” in the first place.
Affordability Variable Due to Purchase Date:
Our research shows that:
Of the 13 owner occupied units in Ma’alaea Kai, 6 were purchased prior to 2005. 4 between 2005 and 2018. 4 between 2019 and 2026. The price variable, hence the monthly expense variable, is immense.
Of the 4 long term rentals in Ma’alaea Kai, all four were purchased over 10 years ago. None of the units purchased since are reasonable pricing for long term rentals.
Of the 7 owner occupied units in Island Sands Resort, 6 of them were purchased prior to 2018, with the purchase price range is $80,000 to $280,000 with one purchased in 2020 for $465,000.
Of the 4 long term rentals in Island Sands, all of them were purchased over ten years ago or longer. The purchase price ranges from $59,000-$399,000.
In addition, a multigenerational Maui couple in their 80’s reported that they purchased a condominium in the Ma’alaea Mermaid in 2021 for $320,000. The “Mermaid” does not allow TVR usage. They have to rent their one bedroom condo out for close to $2500 a month to break even. In 2025, they had to lower the price to $2100 a month at a loss to them, and still no one moved in. It sat empty for 6 months in 2025, after the fires. It then rented for a short while in 2026 and is now sitting empty again with no interested renters.
Ma’alaea 2020 Census Demographics
The Census of 2020 revealed that the demographics of the long term occupants in Ma’alaea was closer to that of a retirement community than a residential neighborhood. Ma’alaea has one of the oldest demographics on Maui. Only 1% were children, 0% teenagers and well over 50% in the range of 50-90 years in age. One could surmise that that could change if these were all long term occupancy. However, having to drive a significant distance to work, the nearest school, and the current absence of school busses, grocery stores, banks, post offices or other conveniences, and with the continuously increasing cost of gas, again, as is, Ma’alaea is not convenient, nor affordable for many families.
We support the Lateral Zoning to H-3/H-4
So yes, Ma’alaea Kai and Island Sands Resort are both within the Sea Level Rise Exposure Area and for that alone, we support the Lateral Zoning Change to H-3/H-4 zoning. However, as you can see, there are many, many reasons these complexes, and the others in Ma’alaea, should be zoned as H-3/H-4. (This is intentionally not referred to as an “Up-Zone” as the zoning change does not allow any additional use or changes, simply a like-for-like lateral zoning change allowing continued legal land use as TVRs, as has been the case for decades.)
Thank you for your thoughtful time and foresight in mitigating the negative impacts of Bill 9.
Good morning Chair and Committee Members,
Our names are Douglas and Susan Fiddick and we own a unit in The Hale Kai O’Kihei.
We respectfully ask that The Hale Kai O’Kihei receive the same Planning Department review that has been given to other Minatoya list properties in the State of Hawaii’s Sea Level Rise Exposure Area planning criteria.
These guidelines were created as a guide to long term planning. In these guidelines it appears that the Hale Kai O’Kihei seems to have significant concerns regarding sea level rise. If the County is using these planning maps when deciding on Hotel 3 or Hotel 4 rezoning, we respectively ask that the same objective review be applied to The Hale Kai O’Kihei.
We request that all similarly situated properties be evaluated consistently using the same planning standards to make a decision.
Thank you for your time and consideration in reading this submission.
Sincerely,
Douglas and Susan Fiddick
Aloha. My husband and I, Armin & Suzanne Irvani, own a condo in Hale Kai O Kihei. We are asking the Planning Commission to give Hale Kai O Kihei the same review that has been given to other Mintoya properties under the State of Hawaii's Sea Level Rise Exposure Area planning criteria.
We are asking for Hale Kai O Kihei to be given the same consistent review as other properties in the Hotel-3 or Hotel-4 rezoning areas.
Mahalo
I am Ari Minasian, a condominium owner at Hale Kai O’Kihei.
I believe there was an oversight made. The Hale Kai O’Kihei complex was omitted from Ordinance 26-129. Like the other Kihei-based complexes currently listed in the ordinance, we are at a similar risk of sea level rise, potentially even more at risk since our complex is oceanfront whereas some of the others on the list are not.
According to these State planning maps...
The 3.2-foot Sea Level Rise Exposure Area reaches portions of our property and building footprint.
The maps also indicate potential impacts to practical emergency access to and from the property.
The State identifies the 3.2-foot SLR-XA as the primary planning benchmark for land-use decisions.
I am requesting that Hale Kai O’Kihei be considered for H3 and H4 rezoning based on the Sea Level Rise criteria and that the complex be reviewed under the same criteria used to evaluate the complexes currently listed on Ordinance 26-129.
Thank you for your attention to this matter.
Ari Minasian
Good morning Chair and Committee Members.
My name is Denise Pflum, and I am an owner at Hale Kai O’Kihei.
I respectfully ask that Hale Kai O’Kihei receive the same Planning Department review that has been given to other Minatoya properties under the State of Hawaiʻi’s Sea Level Rise Exposure Area planning criteria.
The State created these maps to guide long-term land-use planning. According to the State’s mapping, Hale Kai O’Kihei appears to have significant sea level rise planning concerns, including impacts to the building footprint and practical emergency access.
If the County is relying on these State planning maps when deciding which properties should be considered for Council-initiated Hotel-3 or Hotel-4 rezoning, I respectfully ask that the same objective review be applied to Hale Kai O’Kihei.
My request is simply that all similarly situated properties be evaluated consistently using the same planning standards before decisions are made.
Thank you for your time and consideration.
I support this resolution