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)
Aloha Chair, Councilmembers, and members of the community.
I am asking you to add Maalaea Banyans and Makani a Kai to the list of properties permitted to continue short-term rentals.
My name is John Uhl. I am President of the Board of Directors of Maalaea Banyans, at 190 Hauoli Street, where our family has owned a small one-bedroom condominium for almost 40 years.
In addition to Maalaea Banyans, I am also speaking in support of Makani a Kai, at 300 Hauoli Street. Our son has owned a condominium there for approximately 12 years and serves as President of their Board.
The past few years I have also been on the Maalaea Village Association Board of Directors.
And a few years before that, I initiated and spearheaded the Haycraft Park Dune Restoration Project, working with Wes Crile and Jenna Spellman, University of Hawaii shoreline specialists.
When the TIG E2 list was released, we were surprised and deeply concerned to find that five neighboring condominium properties were included, while Maalaea Banyans, Makani a Kai, and Kanai a Nalu were not.
We have been unable to identify any meaningful distinction that justifies treating our buildings differently from our neighbors.
All these Maalaea condominium complexes were built at approximately the same time and for essentially the same purpose. The governing documents approved by the county under which our buildings were developed specifically permit short-term rentals. For nearly 50 years, short-term vacation rentals have been an established and continuous use at these properties. Maalaea Banyans and Makani a Kai have also been treated as properties entitled to continue short-term rentals under the longstanding Minatoya framework.
Our buildings share the same characteristics that make the neighboring Maalaea condominiums poorly suited for Maui's working families.
They are aging, relatively small condominiums with limited storage and parking, located far from many jobs, stores, schools, and other daily necessities.
Multiple shoreline erosion studies over the years have shown that we share the same serious threats from shoreline erosion and sea-level rise as our neighboring properties.
We also have aging infrastructure. Maintaining and replacing that infrastructure already requires substantial and unpredictable special assessments. Future assessments could easily reach tens of thousands of dollars—and potentially much more—per unit. That economic reality makes Maalaea properties particularly unrealistic candidates for meaningful affordable housing.
So, we respectfully ask you to add Maalaea Banyans and Makani a Kai to the list of properties allowed to continue short-term rentals.
We have loved Maalaea and worked to improve this small community, for most of our lives. We are asking for your help in preserving these long-established properties and their historic use.
Affordable housing for working families is a serious problem. But the answer is not banning short term rentals. The answer is 2 planned communities (similar to Maui’s extremely successful 1940’s Dream City) specifically designed for those families: one near Kahului and one near Lahaina, with:
1) priority for multigenerational residents, with lease with option to buy subsidized affordability;
2) safely above sea level rise, on relatively flat land, brand new infrastructure;
3) new houses large enough for families and plenty of parking
4) near jobs, shopping, parks, and playgrounds; kids can walk to school.
The UHERO report predicts a SIXTY MILLION DOLLARS A YEAR DECREASE in Maui property taxes and a FIFTEEN MILLION DOLLARS PER YEAR DECREASE IN TAT, GET, and Maui TAT taxes per year if STR’s are banned.
Please continue to allow STR’s and use that revenue to help actually fix the housing affordability crisis.
Aloha Chair and Members of the Housing and Land Use Committee,
My name is Verna Cadwallader, and I have owned my condominium at Hale Kai O Kihei in South Kihei for approximately 20 years.
When I purchased my condominium, it was represented and understood to me as being hotel-zoned and suitable for vacation rental use. That was an important part of what I understood I was purchasing.
For approximately two decades, vacation rental use has been an established part of Hale Kai O Kihei. I did not recently purchase a residential condominium and decide to turn it into a short-term rental. I purchased this property many years ago with the understanding that this type of use was permitted.
This condominium also has tremendous personal meaning to me and my family. My husband Harold, who recently passed away, loved going to Maui and spending time at our condominium. We shared many wonderful years and memories there together. After losing him, the condominium and those memories have become even more meaningful to me.
I am now being asked, after approximately 20 years of ownership, to face the possibility that this long-established use could be taken away. I do not believe that is fair to owners who purchased and held their properties in good faith based upon the zoning, permitted uses, and history that existed at the time.
My oldest daughter, Tracey, now helps me manage the condominium. She has put an enormous amount of time and effort into responsibly operating it for me, including creating a website, advertising, establishing proper booking and payment systems, communicating with guests, and caring for the property.
I understand that Maui has serious housing concerns. However, long-established vacation rental properties should not all be treated as though they are the same. The history of the property, how it was represented when purchased, and its decades of established vacation rental use should matter.
I respectfully ask the Committee to allow Hale Kai O Kihei and similarly situated properties to continue their long-established short-term rental use.
After approximately 20 years of ownership, I simply ask that the circumstances under which I purchased and owned my property be given fair consideration.
Mahalo for your time and consideration.
Verna Cadwallader
Owner – Hale Kai O Kihei
South Kihei, Maui
From: William Vohaska <wvohaska@yahoo.com>
Sent: Wednesday, August 19, 2026 5:39 AM
To: Maui_County Council_mailbox <county.council@mauicounty.us>; Alice L. Lee <Alice.Lee@mauicounty.us>; Stacy Takahashi <Stacy.N.Takahashi@mauicounty.us>; Nohe M. Uu-Hodgins <Nohe.Uu-Hodgins@mauicounty.us>; corpcoun@mauicounty.gov <corpcoun@mauicounty.gov>; planning@mauicounty.gov <planning@mauicounty.gov>; zoningdivision@mauicounty.gov <zoningdivision@mauicounty.gov>; Thomas M. Cook <Thomas.Cook@mauicounty.us>; Jared P. Agtunong <Jared.Agtunong@mauicounty.us>; Michele N. McLean <Michele.McLean@mauicounty.us>
Cc: Cheryl Vohaska <cvohaska@gmail.com>
Subject: Error Needs Time Sensitive Correction
You don't often get email from wvohaska@yahoo.com. Learn why this is important
Dear HLU Committee,
The State’s coastal-hazard maps do not support treating Hale Kai O‘Kihei and Kihei Bay Vista as equally vulnerable. Although both developments are located entirely within FEMA Special Flood Hazard Areas, Hale Kai O‘Kihei is more directly threatened by the specific effects of rising seas.
The difference is visible in the State’s 3.2-foot sea-level-rise scenario. At Hale Kai O‘Kihei, the blue exposure area appears to affect roughly one-quarter to nearly one-third of the entire parcel and approximately 8–12% of the buildings. At Kihei Bay Vista, the corresponding estimates are closer to 15–20% of the property and no more than about 5% of the building area. These percentages are approximations based on the map rather than professional survey measurements, but they demonstrate a meaningful difference in the extent of exposure.
Shoreline erosion creates an additional concern at Hale Kai O‘Kihei. The red erosion projection comes extremely close to and appears to meet the seaward corner of its building. The same line remains farther away from the structures at Kihei Bay Vista. Hale Kai O‘Kihei’s buildings are therefore exposed not only to a larger area of projected flooding, but also to a more immediate erosion threat.
The two developments also have very different options if their normal entrances become unusable. Hale Kai O‘Kihei is served by Uluniu Road, and the surrounding layout provides no apparent location for a second route connecting the complex to another public street. If flooding cuts off that access, residents, emergency responders, and evacuation vehicles could have no practical alternative.
Kihei Bay Vista is less constrained. Liloa Drive runs inland of and parallel to South Kihei Road, and the excavated, relatively open land behind the development may provide a feasible corridor for future emergency access. Whether such a road could ultimately be approved would require further study, but the physical opportunity exists. No comparable option is readily apparent at Hale Kai O‘Kihei.
Viewed as a whole, the mapping shows a consistent pattern: Hale Kai O‘Kihei has more land within the projected exposure area, more of its buildings directly affected, a closer erosion line, and a more serious risk of being left without road access. On those objective measures, Hale Kai O‘Kihei is the more vulnerable of the two properties.
Respectfully,
Bill Vohaska, Owner
Hake Kai O’Kihei
From: William Vohaska <wvohaska@yahoo.com>
Sent: Wednesday, August 19, 2026 5:33 AM
To: Maui_County Council_mailbox <county.council@mauicounty.us>; Alice L. Lee <Alice.Lee@mauicounty.us>; Stacy Takahashi <Stacy.N.Takahashi@mauicounty.us>; Nohe M. Uu-Hodgins <Nohe.Uu-Hodgins@mauicounty.us>; corpcoun@mauicounty.gov <corpcoun@mauicounty.gov>; planning@mauicounty.gov <planning@mauicounty.gov>; zoningdivision@mauicounty.gov <zoningdivision@mauicounty.gov>; Thomas M. Cook <Thomas.Cook@mauicounty.us>; Jared P. Agtunong <Jared.Agtunong@mauicounty.us>; Michele N. McLean <Michele.McLean@mauicounty.us>
Subject: Error Needs Time Sensitive Correction 26-129 / Ord 6008
You don't often get email from wvohaska@yahoo.com. Learn why this is important
Dear HLU Committee,
The State’s coastal-hazard maps do not support treating Hale Kai O‘Kihei and Kihei Bay Vista as equally vulnerable. Although both developments are located entirely within FEMA Special Flood Hazard Areas, Hale Kai O‘Kihei is more directly threatened by the specific effects of rising seas.
The difference is visible in the State’s 3.2-foot sea-level-rise scenario. At Hale Kai O‘Kihei, the blue exposure area appears to affect roughly one-quarter to nearly one-third of the entire parcel and approximately 8–12% of the buildings. At Kihei Bay Vista, the corresponding estimates are closer to 15–20% of the property and no more than about 5% of the building area. These percentages are approximations based on the map rather than professional survey measurements, but they demonstrate a meaningful difference in the extent of exposure.
Shoreline erosion creates an additional concern at Hale Kai O‘Kihei. The red erosion projection comes extremely close to—and appears to meet—the seaward corner of its building. The same line remains farther away from the structures at Kihei Bay Vista. Hale Kai O‘Kihei’s buildings are therefore exposed not only to a larger area of projected flooding, but also to a more immediate erosion threat.
The two developments also have very different options if their normal entrances become unusable. Hale Kai O‘Kihei is served by Uluniu Road, and the surrounding layout provides no apparent location for a second route connecting the complex to another public street. If flooding cuts off that access, residents, emergency responders, and evacuation vehicles could have no practical alternative.
Kihei Bay Vista is less constrained. Liloa Drive runs inland of and parallel to South Kihei Road, and the excavated, relatively open land behind the development may provide a feasible corridor for future emergency access. Whether such a road could ultimately be approved would require further study, but the physical opportunity exists. No comparable option is readily apparent at Hale Kai O‘Kihei.
Viewed as a whole, the mapping shows a consistent pattern: Hale Kai O‘Kihei has more land within the projected exposure area, more of its buildings directly affected, a closer erosion line, and a more serious risk of being left without road access. On those objective measures, Hale Kai O‘Kihei is the more vulnerable of the two properties.
Due to different application of the same criteria, please add Hale Kai O’Kihei to Resolution 26-128 at this time.
Respectfully,
Bill Vohaska, Owner
Hale Kai O’Kihei
Aloha Chair Uʻu-Hodgins and Members of the Housing and Land Use Committee,
I am writing in support of Council Chair Alice Lee’s proposed Amendment No. 1 to Resolution 26-129. I respectfully request that Nohonani Condominiums remain included in the proposed West Maui Community Plan amendment and change in zoning from A-2 Apartment to H-4 Hotel.
My two sisters and I have been coming to Maui with our family for more than 50 years. For the past eight years, we have jointly owned a condominium at Nohonani. I also currently serve as President of the Nohonani Association of Apartment Owners.
I recognize the urgent need for attainable housing for Maui residents, as well as the concerns surrounding short-term rentals. However, sound land-use policy should distinguish conventional residential housing from oceanfront properties that were designed, purchased, and historically operated as visitor accommodations. It should also apply the County’s stated criteria consistently to similarly situated properties.
Nohonani is a 28-unit, A-2 Apartment-zoned condominium constructed in 1974. It appears on Maui County’s June 27, 2024 list of apartment-district properties permitted to operate short-term occupancies. Visitor use at Nohonani is not a recent conversion of residential housing; it has been part of the property’s identity and operation for decades.
Most importantly for Resolution 26-129, Nohonani clearly satisfies the sea-level-rise criterion under consideration.
The County’s own exhibit for the 3.2-foot Sea Level Rise Exposure Area identifies Nohonani’s parcel coverage as “Full.” Chair Lee’s Amendment No. 1 also identifies Nohonani by name, address, acreage, and tax map key:
Nohonani
3723 Lower Honoapiilani Road, Lahaina
TMK (2) 4-3-006:007
0.8446 acres
Proposed change: Residential to Resort/Hotel and A-2 to H-4
This is therefore not a marginal qualification based solely on photographs or anecdotal observations. The County’s own analysis places the full Nohonani parcel within the 3.2-foot Sea Level Rise Exposure Area.
Nohonani’s physical circumstances reinforce that finding. The property sits directly on the shoreline, with portions of its oceanfront improvements immediately landward of its shoreline structures. A 2021 certified shoreline survey documents the property’s shoreline, buildings, retaining walls, and pool wall. Aerial imagery also illustrates the limited physical buffer separating the property from the ocean.
I respectfully ask the Committee to apply the sea-level-rise criterion consistently, approve Council Chair Lee’s Amendment No. 1, and retain Nohonani in both the proposed West Maui Community Plan amendment and the proposed change to H-4 zoning.
Mahalo for your time, your service to Maui County, and your consideration of Nohonani’s documented circumstances.
Sincerely,
John Van Spyk
Owner, Nohonani Condominiums
President, Nohonani Association of Apartment Owners
From: Cheryl Vohaska <cvohaska@yahoo.com>
Sent: Wednesday, August 19, 2026 5:21 AM
To: Maui_County Council_mailbox <county.council@mauicounty.us>; Alice L. Lee <Alice.Lee@mauicounty.us>; Stacy Takahashi <Stacy.N.Takahashi@mauicounty.us>; Nohe M. Uu-Hodgins <Nohe.Uu-Hodgins@mauicounty.us>; corpcoun@mauicounty.gov <corpcoun@mauicounty.gov>; planning@mauicounty.gov <planning@mauicounty.gov>; zoningdivision@mauicounty.gov <zoningdivision@mauicounty.gov>; Thomas M. Cook <Thomas.Cook@mauicounty.us>; Jared P. Agtunong <Jared.Agtunong@mauicounty.us>; Michele N. McLean <Michele.McLean@mauicounty.us>
Subject: Error Identified in Resolution 26-129
You don't often get email from cvohaska@yahoo.com. Learn why this is important
Dear HLU Committee,
A significant error was made in applying the criteria under Ordinance 6008 and Resolution 26-129. Please correct this and add Hale Kai O’Kihei to the Resolution.
I draw that conclusion by comparison of the State’s mapping that shows that Hale Kai O‘Kihei faces considerably more risk from sea-level rise, flooding, shoreline erosion, and impaired emergency access than Kihei Bay Vista.
Although both properties lie completely within FEMA-designated Special Flood Hazard Areas, the State’s 3.2-foot Sea Level Rise Exposure Area map shows a much larger portion of Hale Kai O‘Kihei directly affected.
From a visual review of the blue areas on the map, an estimated 25–30% of the Hale Kai O‘Kihei property is affected, compared with roughly 15–20% of Kihei Bay Vista. The difference is also evident where the blue area overlaps the buildings. It appears to affect approximately 8–12% of Hale Kai O‘Kihei’s building footprint but no more than about 5% of the buildings at Kihei Bay Vista.
These percentages are estimates taken from the State’s online mapping tool and are not intended to replace a professional survey. Even so, the relative difference is clear: Hale Kai O‘Kihei has at least 50% more proportional exposure across the property, and the portion affecting its building footprint appears to be approximately double that of Kihei Bay Vista.
The erosion mapping raises an additional concern. At Hale Kai O‘Kihei, the red erosion line reaches, or comes extremely close to, the northern oceanfront corner of the building. Kihei Bay Vista sits on the inland side of South Kīhei Road, and its buildings are noticeably farther from the mapped erosion line.
Respectfully,
Bill Vohaska, Owner
Hale Kai O’Kihei
From: Kelcy A. <kelcyasuncion@gmail.com>
Sent: Wednesday, August 19, 2026 6:20 AM
To: County Clerk <County.Clerk@mauicounty.us>
Subject: Testimony Opposing Resolution 26-129 & 26-130
You don't often get email from kelcyasuncion@gmail.com. Learn why this is important
Chair, Vice Chair, and Members of the Maui County Council:
Mahalo for the opportunity to submit testimony. I respectfully oppose Resolutions 26-129 and 26-130, which would refer proposed bills to the Maui Planning Commission to amend community plan designations and rezone selected A-1 and A-2 apartment-district properties into the new H-3 and H-4 hotel districts.
These resolutions would move Maui further away from the stated purpose of Ordinance 5909: returning apartment-zoned transient vacation rental units to housing for local residents. Creating a broad pathway to convert apartment zoning into hotel zoning risks permanently removing units from Maui’s long-term housing supply at a time when local families, workers, kūpuna, and displaced residents continue to face an urgent housing crisis.
I am especially concerned that Resolution 26-129 focuses on properties within the 3.2-foot Sea Level Rise Exposure Area. Rezoning coastal properties in known hazard areas for continued hotel use does not solve Maui’s long-term planning challenges. Instead, it may encourage continued investment in vulnerable shoreline areas while shifting future infrastructure, emergency-response, erosion, and adaptation costs onto the broader community.
Resolutions 26-129 and 26-130 also raise fairness and process concerns. A Council-initiated rezoning pathway for selected properties can appear to give special treatment to visitor-accommodation interests while residents and community members are still waiting to see the full effects of the short-term rental phase-out. Any proposed change of this magnitude should be evaluated property by property, with robust public notice, meaningful community review, affordable housing analysis, cultural and environmental review, and clear findings that the rezoning serves the public interest.
I urge the Council to reject Resolutions 26-129 and 26-130, or at minimum defer them until the County can provide transparent analysis showing how these rezonings would affect local housing supply, coastal-risk planning, infrastructure costs, and the County’s broader housing goals. Maui should prioritize housing for residents and responsible long-term land-use planning over the permanent expansion of hotel zoning for apartment-district vacation rentals.
I was raised in Lahaina and have worked tirelessly the past three years to rebuild after the 2023 wildfire. Our home is still under construction and some family members affected by the fire are considering moving out of state due to lack of affordable housing. Please prioritize residents.
Sincerely,
Kelcy Asuncion
From: Jon Toda <jontoda@gmail.com>
Sent: Wednesday, August 19, 2026 4:49:04 AM (UTC-10:00) Hawaii
To: HLU Committee <HLU.Committee@mauicounty.us>
Subject: SUPPORT – Resolution 26-129 / Makani A Kai
You don't often get email from jontoda@gmail.com. Learn why this is important
I am an owner at Makani A Kai, 300 Hauoli Street in Māʻalaea. I strongly support the proposed amendments to Resolution 26-129 adding Makani A Kai.
Makani A Kai is within the County-recognized Sea Level Rise Exposure Area and meets the criterion established for properties being considered under Resolution 26-129. I respectfully ask the Committee to apply that criterion consistently and include Makani A Kai in the resolution for referral to the Maui Planning Commission.
Mahalo for your consideration.
Jon Toda
(808) 281-1909
From: BARBARA BROMLEY <alohaannie@att.net>
Sent: Wednesday, August 19, 2026 2:50:21 AM (UTC-10:00) Hawaii
To: HLU Committee
Subject: Makani A Kai
[You don't often get email from alohaannie@att.net. Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ]
I am an owner of Makani, A Kai 300 HAUOL I St. in MAALEAE. I strongly support the proposed amendments to resolutions 26–129 adding Makani A Kai. Makani A Kai is within county recognized C level rise, exposure area, and meets the criterion established for properties being considered under resolution 26–1 29. I I requested our commissioners to apply that criterion consistently and include Makani A Kai in the resolution reference to Maui planning commissioners Mahalo for your consideration Barbara Bromley B7 Makani A Kai
From: Kimberly Godin <rkgodin@aol.com>
Sent: Wednesday, August 19, 2026 2:39:12 AM (UTC-10:00) Hawaii
To: HLU Committee
Subject: Resolution 26-129 / Makani A Kai
[You don't often get email from rkgodin@aol.com. Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ]
I am an owner at Makani A Kai, 300 Hauoli Street in Māʻalaea. I strongly support the proposed amendments to Resolution 26-129 adding Makani A Kai. Makani A Kai is within the County-recognized Sea Level Rise Exposure Area and meets the criterion established for properties being considered under Resolution 26-129. I respectfully ask the Committee to apply that criterion consistently and include Makani A Kai in the resolution for referral to the Maui Planning Commission. Mahalo for your consideration.
Thank you for your time,
Kimberly and Russell Godin
From: Catherine Forbes <catherine4bs@gmail.com>
Sent: Tuesday, August 18, 2026 6:59:51 PM (UTC-10:00) Hawaii
To: HLU Committee
Cc: MAK AOAO
Subject: SUPPORT – Resolution 26-129 / Makani A Kai
[You don't often get email from catherine4bs@gmail.com. Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ]
We are owners at Makani A Kai, 300 Hauoli Street in Māʻalaea, Unit B10.
We strongly support the proposed amendments to Resolution 26-129 adding Makani A Kai. Makani A Kai is within the County-recognized Sea Level Rise Exposure Area and meets the criterion established for properties being considered under Resolution 26-129.
I respectfully ask the Committee to apply that criterion consistently and include Makani A Kai in the resolution for referral to the Maui Planning Commission.
From: Ken Drake <ken.drake@gmail.com>
Sent: Tuesday, August 18, 2026 5:01:29 PM (UTC-10:00) Hawaii
To: HLU Committee <HLU.Committee@mauicounty.us>
Subject: SUPPORT – Resolution 26-129 / Makani A Kai
You don't often get email from ken.drake@gmail.com. Learn why this is important
I am an owner at Makani A Kai, 300 Hauoli Street in Māʻalaea. I strongly support the proposed amendments to Resolution 26-129 adding Makani A Kai. Makani A Kai is within the County-recognized Sea Level Rise Exposure Area and meets the criterion established for properties being considered under Resolution 26-129. I respectfully ask the Committee to apply that criterion consistently and include Makani A Kai in the resolution for referral to the Maui Planning Commission. Mahalo for your consideration.
Ken Drake - Managing Partner SugarBeachShack LLC of of A4 at Makani A Kai
From: Kim Booth <kim.booth2@aol.com>
Sent: Tuesday, August 18, 2026 4:35:13 PM (UTC-10:00) Hawaii
To: HLU Committee <HLU.Committee@mauicounty.us>
Subject: Support Resolution 26–1 29
You don't often get email from kim.booth2@aol.com. Learn why this is important
I am writing in support of Resolution 26-129. I ask the County Council Housing and Land Use Committee to approve the resolution and the proposed amendment, which adds Makani Sands to the list of condominiums to be exempted from Ordinance 5909.
From: Steve Uhl <steve.uhl@gmail.com>
Sent: Tuesday, August 18, 2026 4:33:53 PM (UTC-10:00) Hawaii
To: HLU Committee <HLU.Committee@mauicounty.us>
Subject: SUPPORT – Resolution 26-129 / Makani A Kai
You don't often get email from steve.uhl@gmail.com. Learn why this is important
Aloha, I am an owner at Makani A Kai, 300 Hauoli Street in Māʻalaea. I strongly support the proposed amendments to Resolution 26-129 adding Makani A Kai. Makani A Kai is within the County-recognized Sea Level Rise Exposure Area and meets the criterion established for properties being considered under Resolution 26-129. I respectfully ask the Committee to apply that criterion consistently and include Makani A Kai in the resolution. Mahalo for your consideration.
From: Jordan McEntire <jordanmcentirerealty@gmail.com>
Sent: Tuesday, August 18, 2026 4:30:31 PM (UTC-10:00) Hawaii
To: HLU Committee <HLU.Committee@mauicounty.us>
Subject: SUPPORT – Resolution 26-129 / Makani A Kai
You don't often get email from jordanmcentirerealty@gmail.com. Learn why this is important
Aloha,
I am an owner at Makani A Kai, 300 Hauoli Street unit A8 in Māʻalaea. I strongly support the proposed amendments to Resolution 26-129 adding Makani A Kai. Makani A Kai is within the County-recognized Sea Level Rise Exposure Area and meets the criterion established for properties being considered under Resolution 26-129. I respectfully ask the Committee to apply that criterion consistently and include Makani A Kai in the resolution for referral to the Maui Planning Commission. Mahalo for your consideration.
Jordan McEntire
J McEntire Realty
2439 South Kihei Road
Suite 201B
Kihei, HI 96753
From: Rosanna Lucero <sannalucero@gmail.com>
Sent: Tuesday, August 18, 2026 3:56:04 PM (UTC-10:00) Hawaii
To: HLU Committee <HLU.Committee@mauicounty.us>
Cc: Jeffery Lawrence Lucero <Jefferylucero@gmail.com>
Subject: WRITTEN TESTIMONY Re: Resolution 26‑129 – Request to Add Hale Kai O‘Kihei to Exhibits 1 and 2
You don't often get email from sannalucero@gmail.com. Learn why this is important
WRITTEN TESTIMONY OF ROSANNA & JEFFERY LUCERO
Aloha Chair Kama, Vice-Chair Cook, and members of the Housing and Land Use Committee,
We are owners of Units #310 and #314 at Hale Kai O‘Kihei, located at 1310 Uluniu Road in Kīhei, and respectfully request that the Committee amend Resolution 26‑129 to include Hale Kai O‘Kihei in Exhibits 1 and 2 for consideration of H‑3 zoning under Ordinance 6008.
The amendment establishes a clear, objective standard: properties within the County‑recognized 3.2‑foot Sea Level Rise Exposure Area (SLR‑XA) are eligible for inclusion. Hale Kai O‘Kihei meets that standard. The State’s 3.2‑foot SLR‑XA mapping reaches our property and portions of our building footprint, and our location is also within FEMA Flood Zone AH. Our non‑elevated, slab‑on‑grade buildings were constructed in 1969.
Despite satisfying the stated criteria, Hale Kai O‘Kihei has been excluded while neighboring oceanfront A‑1 Apartment‑zoned properties—facing the same erosion, access, SLR‑XA, and FEMA Zone AH risks—have been granted pathways to continue short‑term‑rental operations:
Aloha Villas (1338 Uluniu Road) – Directly adjacent to us, built in 1980, included in Resolution 26‑110 and the Ordinance 6008 rezoning process.
Waiohuli Beach Duplex (64 W. Līpoa Street) – Also included in Resolution 26‑110 despite identical coastal‑hazard exposure.
Beach Paradise (1290 Uluniu Road) – Built in 2001 and allowed to continue STR operations through a 2020 individual permit, despite having a far shorter and less clearly documented STR history than Hale Kai O‘Kihei.
Hale Kai O‘Kihei is effectively sandwiched between properties that have been granted continued STR rights, while our decades‑long lawful vacation‑rental use is being terminated without any stated property‑specific distinction. This raises concerns about unequal and arbitrary application of land‑use policy.
We are requesting only the same opportunity for community‑plan amendment, Planning Commission review, and H‑3 rezoning that neighboring properties received. Inclusion does not predetermine the outcome—it simply ensures fair and consistent treatment.
Sea‑Level‑Rise Mitigation Follow‑Up Hale Kai O‘Kihei has long engaged in responsible coastal‑management practices, including natural dune and vegetation restoration in cooperation with the State beginning around 2010. Uluniu Road’s documented drainage and flooding limitations—outlined in the County’s 2022 Kīhei Drainage Master Plan—further highlight the importance of evaluating access reliability when considering long‑term residential occupancy.
We are also obtaining proposals from Sea Engineering, Coastal Frontiers Corporation, and Coastal Planners, LLC for a professional Sea‑Level‑Rise Vulnerability, Adaptation and Mitigation Feasibility Assessment. This will provide an objective evaluation of what can be reasonably mitigated, what cannot, and why.
We respectfully ask the Committee to amend Exhibits 1 and 2 of Resolution 26‑129 to include Hale Kai O‘Kihei. If the Committee believes our property does not meet the stated standard, we request that the objective, property‑specific reason for treating Hale Kai O‘Kihei differently from neighboring oceanfront properties be placed on the public record.
From: Jane Beeghly <jbeeg@yahoo.com>
Sent: Tuesday, August 18, 2026 3:09:59 PM (UTC-10:00) Hawaii
To: HLU Committee <HLU.Committee@mauicounty.us>
Subject: Hale Kai O'Kihei Resolution 26-129
You don't often get email from jbeeg@yahoo.com. Learn why this is important
Aloha Respected Maui HLU committee members,
I am Jane Beeghly, owner of a condo at Hale Kai O'Kihei on 1310 Uluniu Rd at Lipoa St. I am writing to request that our condo property be included in resolution 26-129 based on the absolute fact that it is located in the mapped zone of 3.2 SLR-XA exposure and is within a FEMA flood Hazard Zone. This property is vulnerable to ocean incursion
We are a small 59 unit complex of fairly small condos with limited parking, less than 1 space per unit. Our condos are expensive because of oceanfront location. Two factors there,--- oceanfront is desirable therefore expensive, and, also, oceanfront in the SLR-XA 3.2 zone subject to ocean weather costs and insurance expenses.
Property tax for a 3rd floor 2 bedroom condo is $12000/yr, HOA is $1225/month. Insurance adds even more. Owners of these condos can only make these payments and enjoy wonderful Maui themselves if they can rent short term. Many of our owners spend months at their condo.
We spend about 3 months/year on Maui. We buy our produce and other goods at Farmers' Markets. We shop at locally owned shops such as Maui Bread Co and Down to Earth Foods. We attend Fourth Fridays and we encourage our renters to do the same so that they can feel Aloha.
Please add Hale Kai O'Kihei to Reso 26-129, as it is only fair that we be allowed to rent short term, 2 Properties next door to us, Waiohuli Beach Duplex and Aloha Villas have been included in Reso 26-110, they are oceanfront and zoned A-1 as we are.
From: li n <roxypinecone@icloud.com>
Sent: Tuesday, August 18, 2026 2:45 PM
To: County Clerk <County.Clerk@mauicounty.us>
Subject: Testimony Opposing Resolution 26-129 and Resolution 26-130 | 08-18-26
[You don't often get email from roxypinecone@icloud.com. Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ]
Aloha Chair and Members of the Committee,
Today, I am writing you in strong opposition to proposed Resolution 26-129 and Resolution 26-130 as well as the proposed properties being considered for H3/H4 upzoning.
Please keep sight of the original intent behind Bill 9: #1, To reclaim housing in our apartment-zoned districts and #2, To prioritize homes for our LOCAL residents during an ongoing housing crisis. These proposed resolutions risk moving us in the opposite direction by creating further pathways for short-term rentals/STR's to remain within housing that should serve OUR community.
I have understood since the beginning that there may be properties that required individual consideration, and I do indeed support thoughtful upzoning where it will make sense. But our housing and zoning are now becoming a free-for-all, and myself as well as the rest of my community will not sit idly by for, nor stand for it.
We as a community are still struggling with displacement and uncertainty, and families are still struggling to find stable housing. With FEMA assistance expected to end in early 2027, we cannot afford to keep creating exceptions that preserve short-term rentals, nor can our locals get a foot in the door of the current housing market as it is.
Regarding the shoreline parcels, previous discussion has included public beach access, public parking, and managed retreat conditions—none of which have appeared with time passed, (and MUCH time has passed). With consideration to the vulnerability of these properties, the answer should be NO.
I and my community do also oppose expanding exemption lists like the SLRXA list. These patchwork exception lists will only serve to encourage more property owners to seek continued STR operations while some of these units could provide much-needed housing for local residents. The County should instead look at these areas comprehensively, including potential acquisition where appropriate.
These were meant to be residential properties—not permanent commercial short-term rentals. We are not just an attraction, families live here and are struggling, do not allow commercial industry ahold of our housing to further gain ground.
I and my community respectfully urge the Committee to reject Resolutions 26-129 and 26-130 TODAY, and to stay true to the original intent of Bill 9: Recovering housing for our community, keeping our families home.
I and my community will support reasonable exceptions. What we will and must not support is turning H3/H4 proposed resolutions into a free-for-all.
EVERYONE is watching you and your decisions, and we will not stand by while housing opportunities for our people are given away FOREVER for monetary gain and greed.
Mahalo for listening to the voices of our community,
From: rmcquillin mcqcorp.com <rmcquillin@mcqcorp.com>
Sent: Tuesday, August 18, 2026 2:33:30 PM (UTC-10:00) Hawaii
To: HLU Committee <HLU.Committee@mauicounty.us>
Subject: Testimony for the HLU Committee Meeting on August 19, 2026
You don't often get email from rmcquillin@mcqcorp.com. Learn why this is important
Hello Committee Members,
Mahalo for giving us the chance to share our thoughts on this important issue.
I’m Rick McQuillin. My wife Riko and I own Kihei Bay Vista (“KBV”) Unit C‑201 at 679 S. Kihei Road. I’m stuck on the mainland this month, but Riko is on island, enjoying the stormy weather and trying to sneak in a surf session when she can.
We fully support Maui’s goal of creating attainable, long-lasting housing for Maui residents. But removing TVR use at KBV doesn’t seem to move that goal forward in any meaningful way.
KBV is a small, older 60‑unit condo property in a flood‑prone coastal area with a long history of repeat flooding — as you folks know well. Just one example: we bought a car in 2021 and lost it three months later when the parking lot flooded during a storm. Total loss. Since then, we’ve been relying on rentals because that’s our reality of living at KBV.
The County’s own Bill 9 Temporary Investigative Group concluded that properties exposed to sea‑level‑rise impacts are not appropriate sources of long‑term housing. They placed Kihei Bay Vista on Exhibit 2 and unanimously recommended Council‑initiated H‑3 rezoning for those properties. In many ways, KBV is the poster child for an H‑3 property — not suitable for long‑term housing stock.
We’re not asking to add more visitor accommodations or expand development. We’re simply asking the Council to follow its own evidence‑based recommendation for good land‑use planning and preserve an existing lawful use by rezoning KBV from A‑1 to H‑3.
Testimonies received from HLU Committee as of 08/19/2026.
Aloha Chair, Councilmembers, and members of the community.
I am asking you to add Maalaea Banyans and Makani a Kai to the list of properties permitted to continue short-term rentals.
My name is John Uhl. I am President of the Board of Directors of Maalaea Banyans, at 190 Hauoli Street, where our family has owned a small one-bedroom condominium for almost 40 years.
In addition to Maalaea Banyans, I am also speaking in support of Makani a Kai, at 300 Hauoli Street. Our son has owned a condominium there for approximately 12 years and serves as President of their Board.
The past few years I have also been on the Maalaea Village Association Board of Directors.
And a few years before that, I initiated and spearheaded the Haycraft Park Dune Restoration Project, working with Wes Crile and Jenna Spellman, University of Hawaii shoreline specialists.
When the TIG E2 list was released, we were surprised and deeply concerned to find that five neighboring condominium properties were included, while Maalaea Banyans, Makani a Kai, and Kanai a Nalu were not.
We have been unable to identify any meaningful distinction that justifies treating our buildings differently from our neighbors.
All these Maalaea condominium complexes were built at approximately the same time and for essentially the same purpose. The governing documents approved by the county under which our buildings were developed specifically permit short-term rentals. For nearly 50 years, short-term vacation rentals have been an established and continuous use at these properties. Maalaea Banyans and Makani a Kai have also been treated as properties entitled to continue short-term rentals under the longstanding Minatoya framework.
Our buildings share the same characteristics that make the neighboring Maalaea condominiums poorly suited for Maui's working families.
They are aging, relatively small condominiums with limited storage and parking, located far from many jobs, stores, schools, and other daily necessities.
Multiple shoreline erosion studies over the years have shown that we share the same serious threats from shoreline erosion and sea-level rise as our neighboring properties.
We also have aging infrastructure. Maintaining and replacing that infrastructure already requires substantial and unpredictable special assessments. Future assessments could easily reach tens of thousands of dollars—and potentially much more—per unit. That economic reality makes Maalaea properties particularly unrealistic candidates for meaningful affordable housing.
So, we respectfully ask you to add Maalaea Banyans and Makani a Kai to the list of properties allowed to continue short-term rentals.
We have loved Maalaea and worked to improve this small community, for most of our lives. We are asking for your help in preserving these long-established properties and their historic use.
Affordable housing for working families is a serious problem. But the answer is not banning short term rentals. The answer is 2 planned communities (similar to Maui’s extremely successful 1940’s Dream City) specifically designed for those families: one near Kahului and one near Lahaina, with:
1) priority for multigenerational residents, with lease with option to buy subsidized affordability;
2) safely above sea level rise, on relatively flat land, brand new infrastructure;
3) new houses large enough for families and plenty of parking
4) near jobs, shopping, parks, and playgrounds; kids can walk to school.
The UHERO report predicts a SIXTY MILLION DOLLARS A YEAR DECREASE in Maui property taxes and a FIFTEEN MILLION DOLLARS PER YEAR DECREASE IN TAT, GET, and Maui TAT taxes per year if STR’s are banned.
Please continue to allow STR’s and use that revenue to help actually fix the housing affordability crisis.
Mahalo for your consideration.
VERNA CADWALLADER – OWNER, HALE KAI O KIHEI
Aloha Chair and Members of the Housing and Land Use Committee,
My name is Verna Cadwallader, and I have owned my condominium at Hale Kai O Kihei in South Kihei for approximately 20 years.
When I purchased my condominium, it was represented and understood to me as being hotel-zoned and suitable for vacation rental use. That was an important part of what I understood I was purchasing.
For approximately two decades, vacation rental use has been an established part of Hale Kai O Kihei. I did not recently purchase a residential condominium and decide to turn it into a short-term rental. I purchased this property many years ago with the understanding that this type of use was permitted.
This condominium also has tremendous personal meaning to me and my family. My husband Harold, who recently passed away, loved going to Maui and spending time at our condominium. We shared many wonderful years and memories there together. After losing him, the condominium and those memories have become even more meaningful to me.
I am now being asked, after approximately 20 years of ownership, to face the possibility that this long-established use could be taken away. I do not believe that is fair to owners who purchased and held their properties in good faith based upon the zoning, permitted uses, and history that existed at the time.
My oldest daughter, Tracey, now helps me manage the condominium. She has put an enormous amount of time and effort into responsibly operating it for me, including creating a website, advertising, establishing proper booking and payment systems, communicating with guests, and caring for the property.
I understand that Maui has serious housing concerns. However, long-established vacation rental properties should not all be treated as though they are the same. The history of the property, how it was represented when purchased, and its decades of established vacation rental use should matter.
I respectfully ask the Committee to allow Hale Kai O Kihei and similarly situated properties to continue their long-established short-term rental use.
After approximately 20 years of ownership, I simply ask that the circumstances under which I purchased and owned my property be given fair consideration.
Mahalo for your time and consideration.
Verna Cadwallader
Owner – Hale Kai O Kihei
South Kihei, Maui
From: William Vohaska <wvohaska@yahoo.com>
Sent: Wednesday, August 19, 2026 5:39 AM
To: Maui_County Council_mailbox <county.council@mauicounty.us>; Alice L. Lee <Alice.Lee@mauicounty.us>; Stacy Takahashi <Stacy.N.Takahashi@mauicounty.us>; Nohe M. Uu-Hodgins <Nohe.Uu-Hodgins@mauicounty.us>; corpcoun@mauicounty.gov <corpcoun@mauicounty.gov>; planning@mauicounty.gov <planning@mauicounty.gov>; zoningdivision@mauicounty.gov <zoningdivision@mauicounty.gov>; Thomas M. Cook <Thomas.Cook@mauicounty.us>; Jared P. Agtunong <Jared.Agtunong@mauicounty.us>; Michele N. McLean <Michele.McLean@mauicounty.us>
Cc: Cheryl Vohaska <cvohaska@gmail.com>
Subject: Error Needs Time Sensitive Correction
You don't often get email from wvohaska@yahoo.com. Learn why this is important
Dear HLU Committee,
The State’s coastal-hazard maps do not support treating Hale Kai O‘Kihei and Kihei Bay Vista as equally vulnerable. Although both developments are located entirely within FEMA Special Flood Hazard Areas, Hale Kai O‘Kihei is more directly threatened by the specific effects of rising seas.
The difference is visible in the State’s 3.2-foot sea-level-rise scenario. At Hale Kai O‘Kihei, the blue exposure area appears to affect roughly one-quarter to nearly one-third of the entire parcel and approximately 8–12% of the buildings. At Kihei Bay Vista, the corresponding estimates are closer to 15–20% of the property and no more than about 5% of the building area. These percentages are approximations based on the map rather than professional survey measurements, but they demonstrate a meaningful difference in the extent of exposure.
Shoreline erosion creates an additional concern at Hale Kai O‘Kihei. The red erosion projection comes extremely close to and appears to meet the seaward corner of its building. The same line remains farther away from the structures at Kihei Bay Vista. Hale Kai O‘Kihei’s buildings are therefore exposed not only to a larger area of projected flooding, but also to a more immediate erosion threat.
The two developments also have very different options if their normal entrances become unusable. Hale Kai O‘Kihei is served by Uluniu Road, and the surrounding layout provides no apparent location for a second route connecting the complex to another public street. If flooding cuts off that access, residents, emergency responders, and evacuation vehicles could have no practical alternative.
Kihei Bay Vista is less constrained. Liloa Drive runs inland of and parallel to South Kihei Road, and the excavated, relatively open land behind the development may provide a feasible corridor for future emergency access. Whether such a road could ultimately be approved would require further study, but the physical opportunity exists. No comparable option is readily apparent at Hale Kai O‘Kihei.
Viewed as a whole, the mapping shows a consistent pattern: Hale Kai O‘Kihei has more land within the projected exposure area, more of its buildings directly affected, a closer erosion line, and a more serious risk of being left without road access. On those objective measures, Hale Kai O‘Kihei is the more vulnerable of the two properties.
Respectfully,
Bill Vohaska, Owner
Hake Kai O’Kihei
From: William Vohaska <wvohaska@yahoo.com>
Sent: Wednesday, August 19, 2026 5:33 AM
To: Maui_County Council_mailbox <county.council@mauicounty.us>; Alice L. Lee <Alice.Lee@mauicounty.us>; Stacy Takahashi <Stacy.N.Takahashi@mauicounty.us>; Nohe M. Uu-Hodgins <Nohe.Uu-Hodgins@mauicounty.us>; corpcoun@mauicounty.gov <corpcoun@mauicounty.gov>; planning@mauicounty.gov <planning@mauicounty.gov>; zoningdivision@mauicounty.gov <zoningdivision@mauicounty.gov>; Thomas M. Cook <Thomas.Cook@mauicounty.us>; Jared P. Agtunong <Jared.Agtunong@mauicounty.us>; Michele N. McLean <Michele.McLean@mauicounty.us>
Subject: Error Needs Time Sensitive Correction 26-129 / Ord 6008
You don't often get email from wvohaska@yahoo.com. Learn why this is important
Dear HLU Committee,
The State’s coastal-hazard maps do not support treating Hale Kai O‘Kihei and Kihei Bay Vista as equally vulnerable. Although both developments are located entirely within FEMA Special Flood Hazard Areas, Hale Kai O‘Kihei is more directly threatened by the specific effects of rising seas.
The difference is visible in the State’s 3.2-foot sea-level-rise scenario. At Hale Kai O‘Kihei, the blue exposure area appears to affect roughly one-quarter to nearly one-third of the entire parcel and approximately 8–12% of the buildings. At Kihei Bay Vista, the corresponding estimates are closer to 15–20% of the property and no more than about 5% of the building area. These percentages are approximations based on the map rather than professional survey measurements, but they demonstrate a meaningful difference in the extent of exposure.
Shoreline erosion creates an additional concern at Hale Kai O‘Kihei. The red erosion projection comes extremely close to—and appears to meet—the seaward corner of its building. The same line remains farther away from the structures at Kihei Bay Vista. Hale Kai O‘Kihei’s buildings are therefore exposed not only to a larger area of projected flooding, but also to a more immediate erosion threat.
The two developments also have very different options if their normal entrances become unusable. Hale Kai O‘Kihei is served by Uluniu Road, and the surrounding layout provides no apparent location for a second route connecting the complex to another public street. If flooding cuts off that access, residents, emergency responders, and evacuation vehicles could have no practical alternative.
Kihei Bay Vista is less constrained. Liloa Drive runs inland of and parallel to South Kihei Road, and the excavated, relatively open land behind the development may provide a feasible corridor for future emergency access. Whether such a road could ultimately be approved would require further study, but the physical opportunity exists. No comparable option is readily apparent at Hale Kai O‘Kihei.
Viewed as a whole, the mapping shows a consistent pattern: Hale Kai O‘Kihei has more land within the projected exposure area, more of its buildings directly affected, a closer erosion line, and a more serious risk of being left without road access. On those objective measures, Hale Kai O‘Kihei is the more vulnerable of the two properties.
Due to different application of the same criteria, please add Hale Kai O’Kihei to Resolution 26-128 at this time.
Respectfully,
Bill Vohaska, Owner
Hale Kai O’Kihei
Aloha Chair Uʻu-Hodgins and Members of the Housing and Land Use Committee,
I am writing in support of Council Chair Alice Lee’s proposed Amendment No. 1 to Resolution 26-129. I respectfully request that Nohonani Condominiums remain included in the proposed West Maui Community Plan amendment and change in zoning from A-2 Apartment to H-4 Hotel.
My two sisters and I have been coming to Maui with our family for more than 50 years. For the past eight years, we have jointly owned a condominium at Nohonani. I also currently serve as President of the Nohonani Association of Apartment Owners.
I recognize the urgent need for attainable housing for Maui residents, as well as the concerns surrounding short-term rentals. However, sound land-use policy should distinguish conventional residential housing from oceanfront properties that were designed, purchased, and historically operated as visitor accommodations. It should also apply the County’s stated criteria consistently to similarly situated properties.
Nohonani is a 28-unit, A-2 Apartment-zoned condominium constructed in 1974. It appears on Maui County’s June 27, 2024 list of apartment-district properties permitted to operate short-term occupancies. Visitor use at Nohonani is not a recent conversion of residential housing; it has been part of the property’s identity and operation for decades.
Most importantly for Resolution 26-129, Nohonani clearly satisfies the sea-level-rise criterion under consideration.
The County’s own exhibit for the 3.2-foot Sea Level Rise Exposure Area identifies Nohonani’s parcel coverage as “Full.” Chair Lee’s Amendment No. 1 also identifies Nohonani by name, address, acreage, and tax map key:
Nohonani
3723 Lower Honoapiilani Road, Lahaina
TMK (2) 4-3-006:007
0.8446 acres
Proposed change: Residential to Resort/Hotel and A-2 to H-4
This is therefore not a marginal qualification based solely on photographs or anecdotal observations. The County’s own analysis places the full Nohonani parcel within the 3.2-foot Sea Level Rise Exposure Area.
Nohonani’s physical circumstances reinforce that finding. The property sits directly on the shoreline, with portions of its oceanfront improvements immediately landward of its shoreline structures. A 2021 certified shoreline survey documents the property’s shoreline, buildings, retaining walls, and pool wall. Aerial imagery also illustrates the limited physical buffer separating the property from the ocean.
I respectfully ask the Committee to apply the sea-level-rise criterion consistently, approve Council Chair Lee’s Amendment No. 1, and retain Nohonani in both the proposed West Maui Community Plan amendment and the proposed change to H-4 zoning.
Mahalo for your time, your service to Maui County, and your consideration of Nohonani’s documented circumstances.
Sincerely,
John Van Spyk
Owner, Nohonani Condominiums
President, Nohonani Association of Apartment Owners
From: Cheryl Vohaska <cvohaska@yahoo.com>
Sent: Wednesday, August 19, 2026 5:21 AM
To: Maui_County Council_mailbox <county.council@mauicounty.us>; Alice L. Lee <Alice.Lee@mauicounty.us>; Stacy Takahashi <Stacy.N.Takahashi@mauicounty.us>; Nohe M. Uu-Hodgins <Nohe.Uu-Hodgins@mauicounty.us>; corpcoun@mauicounty.gov <corpcoun@mauicounty.gov>; planning@mauicounty.gov <planning@mauicounty.gov>; zoningdivision@mauicounty.gov <zoningdivision@mauicounty.gov>; Thomas M. Cook <Thomas.Cook@mauicounty.us>; Jared P. Agtunong <Jared.Agtunong@mauicounty.us>; Michele N. McLean <Michele.McLean@mauicounty.us>
Subject: Error Identified in Resolution 26-129
You don't often get email from cvohaska@yahoo.com. Learn why this is important
Dear HLU Committee,
A significant error was made in applying the criteria under Ordinance 6008 and Resolution 26-129. Please correct this and add Hale Kai O’Kihei to the Resolution.
I draw that conclusion by comparison of the State’s mapping that shows that Hale Kai O‘Kihei faces considerably more risk from sea-level rise, flooding, shoreline erosion, and impaired emergency access than Kihei Bay Vista.
Although both properties lie completely within FEMA-designated Special Flood Hazard Areas, the State’s 3.2-foot Sea Level Rise Exposure Area map shows a much larger portion of Hale Kai O‘Kihei directly affected.
From a visual review of the blue areas on the map, an estimated 25–30% of the Hale Kai O‘Kihei property is affected, compared with roughly 15–20% of Kihei Bay Vista. The difference is also evident where the blue area overlaps the buildings. It appears to affect approximately 8–12% of Hale Kai O‘Kihei’s building footprint but no more than about 5% of the buildings at Kihei Bay Vista.
These percentages are estimates taken from the State’s online mapping tool and are not intended to replace a professional survey. Even so, the relative difference is clear: Hale Kai O‘Kihei has at least 50% more proportional exposure across the property, and the portion affecting its building footprint appears to be approximately double that of Kihei Bay Vista.
The erosion mapping raises an additional concern. At Hale Kai O‘Kihei, the red erosion line reaches, or comes extremely close to, the northern oceanfront corner of the building. Kihei Bay Vista sits on the inland side of South Kīhei Road, and its buildings are noticeably farther from the mapped erosion line.
Respectfully,
Bill Vohaska, Owner
Hale Kai O’Kihei
From: Kelcy A. <kelcyasuncion@gmail.com>
Sent: Wednesday, August 19, 2026 6:20 AM
To: County Clerk <County.Clerk@mauicounty.us>
Subject: Testimony Opposing Resolution 26-129 & 26-130
You don't often get email from kelcyasuncion@gmail.com. Learn why this is important
Chair, Vice Chair, and Members of the Maui County Council:
Mahalo for the opportunity to submit testimony. I respectfully oppose Resolutions 26-129 and 26-130, which would refer proposed bills to the Maui Planning Commission to amend community plan designations and rezone selected A-1 and A-2 apartment-district properties into the new H-3 and H-4 hotel districts.
These resolutions would move Maui further away from the stated purpose of Ordinance 5909: returning apartment-zoned transient vacation rental units to housing for local residents. Creating a broad pathway to convert apartment zoning into hotel zoning risks permanently removing units from Maui’s long-term housing supply at a time when local families, workers, kūpuna, and displaced residents continue to face an urgent housing crisis.
I am especially concerned that Resolution 26-129 focuses on properties within the 3.2-foot Sea Level Rise Exposure Area. Rezoning coastal properties in known hazard areas for continued hotel use does not solve Maui’s long-term planning challenges. Instead, it may encourage continued investment in vulnerable shoreline areas while shifting future infrastructure, emergency-response, erosion, and adaptation costs onto the broader community.
Resolutions 26-129 and 26-130 also raise fairness and process concerns. A Council-initiated rezoning pathway for selected properties can appear to give special treatment to visitor-accommodation interests while residents and community members are still waiting to see the full effects of the short-term rental phase-out. Any proposed change of this magnitude should be evaluated property by property, with robust public notice, meaningful community review, affordable housing analysis, cultural and environmental review, and clear findings that the rezoning serves the public interest.
I urge the Council to reject Resolutions 26-129 and 26-130, or at minimum defer them until the County can provide transparent analysis showing how these rezonings would affect local housing supply, coastal-risk planning, infrastructure costs, and the County’s broader housing goals. Maui should prioritize housing for residents and responsible long-term land-use planning over the permanent expansion of hotel zoning for apartment-district vacation rentals.
I was raised in Lahaina and have worked tirelessly the past three years to rebuild after the 2023 wildfire. Our home is still under construction and some family members affected by the fire are considering moving out of state due to lack of affordable housing. Please prioritize residents.
Sincerely,
Kelcy Asuncion
From: Jon Toda <jontoda@gmail.com>
Sent: Wednesday, August 19, 2026 4:49:04 AM (UTC-10:00) Hawaii
To: HLU Committee <HLU.Committee@mauicounty.us>
Subject: SUPPORT – Resolution 26-129 / Makani A Kai
You don't often get email from jontoda@gmail.com. Learn why this is important
I am an owner at Makani A Kai, 300 Hauoli Street in Māʻalaea. I strongly support the proposed amendments to Resolution 26-129 adding Makani A Kai.
Makani A Kai is within the County-recognized Sea Level Rise Exposure Area and meets the criterion established for properties being considered under Resolution 26-129. I respectfully ask the Committee to apply that criterion consistently and include Makani A Kai in the resolution for referral to the Maui Planning Commission.
Mahalo for your consideration.
Jon Toda
(808) 281-1909
From: BARBARA BROMLEY <alohaannie@att.net>
Sent: Wednesday, August 19, 2026 2:50:21 AM (UTC-10:00) Hawaii
To: HLU Committee
Subject: Makani A Kai
[You don't often get email from alohaannie@att.net. Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ]
I am an owner of Makani, A Kai 300 HAUOL I St. in MAALEAE. I strongly support the proposed amendments to resolutions 26–129 adding Makani A Kai. Makani A Kai is within county recognized C level rise, exposure area, and meets the criterion established for properties being considered under resolution 26–1 29. I I requested our commissioners to apply that criterion consistently and include Makani A Kai in the resolution reference to Maui planning commissioners Mahalo for your consideration Barbara Bromley B7 Makani A Kai
From: Kimberly Godin <rkgodin@aol.com>
Sent: Wednesday, August 19, 2026 2:39:12 AM (UTC-10:00) Hawaii
To: HLU Committee
Subject: Resolution 26-129 / Makani A Kai
[You don't often get email from rkgodin@aol.com. Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ]
I am an owner at Makani A Kai, 300 Hauoli Street in Māʻalaea. I strongly support the proposed amendments to Resolution 26-129 adding Makani A Kai. Makani A Kai is within the County-recognized Sea Level Rise Exposure Area and meets the criterion established for properties being considered under Resolution 26-129. I respectfully ask the Committee to apply that criterion consistently and include Makani A Kai in the resolution for referral to the Maui Planning Commission. Mahalo for your consideration.
Thank you for your time,
Kimberly and Russell Godin
From: Catherine Forbes <catherine4bs@gmail.com>
Sent: Tuesday, August 18, 2026 6:59:51 PM (UTC-10:00) Hawaii
To: HLU Committee
Cc: MAK AOAO
Subject: SUPPORT – Resolution 26-129 / Makani A Kai
[You don't often get email from catherine4bs@gmail.com. Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ]
We are owners at Makani A Kai, 300 Hauoli Street in Māʻalaea, Unit B10.
We strongly support the proposed amendments to Resolution 26-129 adding Makani A Kai. Makani A Kai is within the County-recognized Sea Level Rise Exposure Area and meets the criterion established for properties being considered under Resolution 26-129.
I respectfully ask the Committee to apply that criterion consistently and include Makani A Kai in the resolution for referral to the Maui Planning Commission.
Mahalo for your consideration.
Catherine and Cameron Forbes
From: Ken Drake <ken.drake@gmail.com>
Sent: Tuesday, August 18, 2026 5:01:29 PM (UTC-10:00) Hawaii
To: HLU Committee <HLU.Committee@mauicounty.us>
Subject: SUPPORT – Resolution 26-129 / Makani A Kai
You don't often get email from ken.drake@gmail.com. Learn why this is important
I am an owner at Makani A Kai, 300 Hauoli Street in Māʻalaea. I strongly support the proposed amendments to Resolution 26-129 adding Makani A Kai. Makani A Kai is within the County-recognized Sea Level Rise Exposure Area and meets the criterion established for properties being considered under Resolution 26-129. I respectfully ask the Committee to apply that criterion consistently and include Makani A Kai in the resolution for referral to the Maui Planning Commission. Mahalo for your consideration.
Ken Drake - Managing Partner SugarBeachShack LLC of of A4 at Makani A Kai
From: Kim Booth <kim.booth2@aol.com>
Sent: Tuesday, August 18, 2026 4:35:13 PM (UTC-10:00) Hawaii
To: HLU Committee <HLU.Committee@mauicounty.us>
Subject: Support Resolution 26–1 29
You don't often get email from kim.booth2@aol.com. Learn why this is important
I am writing in support of Resolution 26-129. I ask the County Council Housing and Land Use Committee to approve the resolution and the proposed amendment, which adds Makani Sands to the list of condominiums to be exempted from Ordinance 5909.
From: Steve Uhl <steve.uhl@gmail.com>
Sent: Tuesday, August 18, 2026 4:33:53 PM (UTC-10:00) Hawaii
To: HLU Committee <HLU.Committee@mauicounty.us>
Subject: SUPPORT – Resolution 26-129 / Makani A Kai
You don't often get email from steve.uhl@gmail.com. Learn why this is important
Aloha, I am an owner at Makani A Kai, 300 Hauoli Street in Māʻalaea. I strongly support the proposed amendments to Resolution 26-129 adding Makani A Kai. Makani A Kai is within the County-recognized Sea Level Rise Exposure Area and meets the criterion established for properties being considered under Resolution 26-129. I respectfully ask the Committee to apply that criterion consistently and include Makani A Kai in the resolution. Mahalo for your consideration.
From: Jordan McEntire <jordanmcentirerealty@gmail.com>
Sent: Tuesday, August 18, 2026 4:30:31 PM (UTC-10:00) Hawaii
To: HLU Committee <HLU.Committee@mauicounty.us>
Subject: SUPPORT – Resolution 26-129 / Makani A Kai
You don't often get email from jordanmcentirerealty@gmail.com. Learn why this is important
Aloha,
I am an owner at Makani A Kai, 300 Hauoli Street unit A8 in Māʻalaea. I strongly support the proposed amendments to Resolution 26-129 adding Makani A Kai. Makani A Kai is within the County-recognized Sea Level Rise Exposure Area and meets the criterion established for properties being considered under Resolution 26-129. I respectfully ask the Committee to apply that criterion consistently and include Makani A Kai in the resolution for referral to the Maui Planning Commission. Mahalo for your consideration.
Jordan McEntire
J McEntire Realty
2439 South Kihei Road
Suite 201B
Kihei, HI 96753
From: Rosanna Lucero <sannalucero@gmail.com>
Sent: Tuesday, August 18, 2026 3:56:04 PM (UTC-10:00) Hawaii
To: HLU Committee <HLU.Committee@mauicounty.us>
Cc: Jeffery Lawrence Lucero <Jefferylucero@gmail.com>
Subject: WRITTEN TESTIMONY Re: Resolution 26‑129 – Request to Add Hale Kai O‘Kihei to Exhibits 1 and 2
You don't often get email from sannalucero@gmail.com. Learn why this is important
WRITTEN TESTIMONY OF ROSANNA & JEFFERY LUCERO
Aloha Chair Kama, Vice-Chair Cook, and members of the Housing and Land Use Committee,
We are owners of Units #310 and #314 at Hale Kai O‘Kihei, located at 1310 Uluniu Road in Kīhei, and respectfully request that the Committee amend Resolution 26‑129 to include Hale Kai O‘Kihei in Exhibits 1 and 2 for consideration of H‑3 zoning under Ordinance 6008.
The amendment establishes a clear, objective standard: properties within the County‑recognized 3.2‑foot Sea Level Rise Exposure Area (SLR‑XA) are eligible for inclusion. Hale Kai O‘Kihei meets that standard. The State’s 3.2‑foot SLR‑XA mapping reaches our property and portions of our building footprint, and our location is also within FEMA Flood Zone AH. Our non‑elevated, slab‑on‑grade buildings were constructed in 1969.
Despite satisfying the stated criteria, Hale Kai O‘Kihei has been excluded while neighboring oceanfront A‑1 Apartment‑zoned properties—facing the same erosion, access, SLR‑XA, and FEMA Zone AH risks—have been granted pathways to continue short‑term‑rental operations:
Aloha Villas (1338 Uluniu Road) – Directly adjacent to us, built in 1980, included in Resolution 26‑110 and the Ordinance 6008 rezoning process.
Waiohuli Beach Duplex (64 W. Līpoa Street) – Also included in Resolution 26‑110 despite identical coastal‑hazard exposure.
Beach Paradise (1290 Uluniu Road) – Built in 2001 and allowed to continue STR operations through a 2020 individual permit, despite having a far shorter and less clearly documented STR history than Hale Kai O‘Kihei.
Hale Kai O‘Kihei is effectively sandwiched between properties that have been granted continued STR rights, while our decades‑long lawful vacation‑rental use is being terminated without any stated property‑specific distinction. This raises concerns about unequal and arbitrary application of land‑use policy.
We are requesting only the same opportunity for community‑plan amendment, Planning Commission review, and H‑3 rezoning that neighboring properties received. Inclusion does not predetermine the outcome—it simply ensures fair and consistent treatment.
Sea‑Level‑Rise Mitigation Follow‑Up Hale Kai O‘Kihei has long engaged in responsible coastal‑management practices, including natural dune and vegetation restoration in cooperation with the State beginning around 2010. Uluniu Road’s documented drainage and flooding limitations—outlined in the County’s 2022 Kīhei Drainage Master Plan—further highlight the importance of evaluating access reliability when considering long‑term residential occupancy.
We are also obtaining proposals from Sea Engineering, Coastal Frontiers Corporation, and Coastal Planners, LLC for a professional Sea‑Level‑Rise Vulnerability, Adaptation and Mitigation Feasibility Assessment. This will provide an objective evaluation of what can be reasonably mitigated, what cannot, and why.
We respectfully ask the Committee to amend Exhibits 1 and 2 of Resolution 26‑129 to include Hale Kai O‘Kihei. If the Committee believes our property does not meet the stated standard, we request that the objective, property‑specific reason for treating Hale Kai O‘Kihei differently from neighboring oceanfront properties be placed on the public record.
Mahalo for your time and consideration.
Respectfully submitted,
Rosanna & Jeffery Lucero
On behalf of Hale Kai O‘Kihei Owners
From: Jane Beeghly <jbeeg@yahoo.com>
Sent: Tuesday, August 18, 2026 3:09:59 PM (UTC-10:00) Hawaii
To: HLU Committee <HLU.Committee@mauicounty.us>
Subject: Hale Kai O'Kihei Resolution 26-129
You don't often get email from jbeeg@yahoo.com. Learn why this is important
Aloha Respected Maui HLU committee members,
I am Jane Beeghly, owner of a condo at Hale Kai O'Kihei on 1310 Uluniu Rd at Lipoa St. I am writing to request that our condo property be included in resolution 26-129 based on the absolute fact that it is located in the mapped zone of 3.2 SLR-XA exposure and is within a FEMA flood Hazard Zone. This property is vulnerable to ocean incursion
We are a small 59 unit complex of fairly small condos with limited parking, less than 1 space per unit. Our condos are expensive because of oceanfront location. Two factors there,--- oceanfront is desirable therefore expensive, and, also, oceanfront in the SLR-XA 3.2 zone subject to ocean weather costs and insurance expenses.
Property tax for a 3rd floor 2 bedroom condo is $12000/yr, HOA is $1225/month. Insurance adds even more. Owners of these condos can only make these payments and enjoy wonderful Maui themselves if they can rent short term. Many of our owners spend months at their condo.
We spend about 3 months/year on Maui. We buy our produce and other goods at Farmers' Markets. We shop at locally owned shops such as Maui Bread Co and Down to Earth Foods. We attend Fourth Fridays and we encourage our renters to do the same so that they can feel Aloha.
Please add Hale Kai O'Kihei to Reso 26-129, as it is only fair that we be allowed to rent short term, 2 Properties next door to us, Waiohuli Beach Duplex and Aloha Villas have been included in Reso 26-110, they are oceanfront and zoned A-1 as we are.
Mahalo for your assistance and time,
Jane Beeghly
From: li n <roxypinecone@icloud.com>
Sent: Tuesday, August 18, 2026 2:45 PM
To: County Clerk <County.Clerk@mauicounty.us>
Subject: Testimony Opposing Resolution 26-129 and Resolution 26-130 | 08-18-26
[You don't often get email from roxypinecone@icloud.com. Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ]
Aloha Chair and Members of the Committee,
Today, I am writing you in strong opposition to proposed Resolution 26-129 and Resolution 26-130 as well as the proposed properties being considered for H3/H4 upzoning.
Please keep sight of the original intent behind Bill 9: #1, To reclaim housing in our apartment-zoned districts and #2, To prioritize homes for our LOCAL residents during an ongoing housing crisis. These proposed resolutions risk moving us in the opposite direction by creating further pathways for short-term rentals/STR's to remain within housing that should serve OUR community.
I have understood since the beginning that there may be properties that required individual consideration, and I do indeed support thoughtful upzoning where it will make sense. But our housing and zoning are now becoming a free-for-all, and myself as well as the rest of my community will not sit idly by for, nor stand for it.
We as a community are still struggling with displacement and uncertainty, and families are still struggling to find stable housing. With FEMA assistance expected to end in early 2027, we cannot afford to keep creating exceptions that preserve short-term rentals, nor can our locals get a foot in the door of the current housing market as it is.
Regarding the shoreline parcels, previous discussion has included public beach access, public parking, and managed retreat conditions—none of which have appeared with time passed, (and MUCH time has passed). With consideration to the vulnerability of these properties, the answer should be NO.
I and my community do also oppose expanding exemption lists like the SLRXA list. These patchwork exception lists will only serve to encourage more property owners to seek continued STR operations while some of these units could provide much-needed housing for local residents. The County should instead look at these areas comprehensively, including potential acquisition where appropriate.
These were meant to be residential properties—not permanent commercial short-term rentals. We are not just an attraction, families live here and are struggling, do not allow commercial industry ahold of our housing to further gain ground.
I and my community respectfully urge the Committee to reject Resolutions 26-129 and 26-130 TODAY, and to stay true to the original intent of Bill 9: Recovering housing for our community, keeping our families home.
I and my community will support reasonable exceptions. What we will and must not support is turning H3/H4 proposed resolutions into a free-for-all.
EVERYONE is watching you and your decisions, and we will not stand by while housing opportunities for our people are given away FOREVER for monetary gain and greed.
Mahalo for listening to the voices of our community,
Ky Spradlin
From: rmcquillin mcqcorp.com <rmcquillin@mcqcorp.com>
Sent: Tuesday, August 18, 2026 2:33:30 PM (UTC-10:00) Hawaii
To: HLU Committee <HLU.Committee@mauicounty.us>
Subject: Testimony for the HLU Committee Meeting on August 19, 2026
You don't often get email from rmcquillin@mcqcorp.com. Learn why this is important
Hello Committee Members,
Mahalo for giving us the chance to share our thoughts on this important issue.
I’m Rick McQuillin. My wife Riko and I own Kihei Bay Vista (“KBV”) Unit C‑201 at 679 S. Kihei Road. I’m stuck on the mainland this month, but Riko is on island, enjoying the stormy weather and trying to sneak in a surf session when she can.
We fully support Maui’s goal of creating attainable, long-lasting housing for Maui residents. But removing TVR use at KBV doesn’t seem to move that goal forward in any meaningful way.
KBV is a small, older 60‑unit condo property in a flood‑prone coastal area with a long history of repeat flooding — as you folks know well. Just one example: we bought a car in 2021 and lost it three months later when the parking lot flooded during a storm. Total loss. Since then, we’ve been relying on rentals because that’s our reality of living at KBV.
The County’s own Bill 9 Temporary Investigative Group concluded that properties exposed to sea‑level‑rise impacts are not appropriate sources of long‑term housing. They placed Kihei Bay Vista on Exhibit 2 and unanimously recommended Council‑initiated H‑3 rezoning for those properties. In many ways, KBV is the poster child for an H‑3 property — not suitable for long‑term housing stock.
We’re not asking to add more visitor accommodations or expand development. We’re simply asking the Council to follow its own evidence‑based recommendation for good land‑use planning and preserve an existing lawful use by rezoning KBV from A‑1 to H‑3.
Mahalo nui for your time and consideration.
Rick McQuillin
KBV C‑201