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)
KALEIALOHA OWNER TESTIMONY
In support of inclusion in Ordinance 6008 Resolutions to identify Council-Initiated zoning changes for certain condominium projects to the newly created hotel zones.
Rob Maushardt, Unit 114 Subject: Strong Support for the Inclusion of Kaleialoha (3785 Lower Honoapiilani Rd., Lahaina) in the County Initiated zoning updates to the new H-3/H-4 Hotel Zones under Ordinance 6008.
To: Honorable Members of the Housing and Land Use Committee and the Maui County Council:
Subject Property: Kaleialoha, Master TMK 430060130000, 3785 Lower Honoapiilani Rd., Built in 1973, Zoned A-2, 68 Units.
My name is Robert Maushardt. I am the owner of unit 114 at Kaleialoha, and I serve as the President of the Board of Directors of the Association of Apartment Owners of Kaleialoha in Honokowai, West Maui.
Please accept this as my written testimony to formally request that the HLU Committee and the County Council consider and include Kaleialoha in the list of properties being considered for County Initiated zoning change to the newly established H-3 or H-4 zoning districts under Ordinance 6008.
Several other owners and I have prepared this document being submitted (this testimony and that of many other owners are included in Exhibit B - Kaleialoha Owner Testimony in support of inclusion in Ordinance 6008 Resolutions to identify Council-Initiated zoning changes for certain condominium projects to the newly created hotel zones).
Background
Kaleialoha represents exactly the type of property Ordinance 6008 was created to protect, an inherently tourist-centric, historically compliant visitor accommodation that does not compete with or subtract from Maui’s long term workforce housing market.
We urge the HLU Committee to include Kaleialoha in the active pipeline of council-initiated rezoning for the following reasons:
1. Built for tourism, it was intentionally built, designed, and operated as an oceanfront vacation resort. Featuring dense, resort style amenities including elevator, swimming pool, limited parking of only one space per unit, and layout optimized for short term visitors rather than long term residential neighborhoods. Kaleialoha Resort Condominiums has operated as a residential property which included legal vacation rental uses from the very beginning.
We provide references to the earliest Community Plan covering our area, the 1982 Lahaina Community Plan which in later revisions became the West Maui CP. These early references show our property was classified by the County in verifiable Property Tax records as Resort/Hotel in the neighborhood OFHOTEL (Oceanfront Hotel).
Furthermore, we have a verifiable history of operating legal vacation rental units, paying Transient Accommodation Tax prior to the date September 24, 2020, set in Ordinance 6008.
2. Longstanding Legal Compliance: For decades, owners at Kaleialoha have operated legally as short-term rentals under the "Minatoya List" apartment-zoning framework. Prior to the Minatoya List, we show how the county recognized Kaleialoha Resort Condominiums as Class Hotel/Resort and was located in the neighborhood OFHOTEL (Ocean-front Hotel), with a MF land use area described as Residential including long- and short-term occupancy, also mentioned specifically in the 1982 Lahaina CP as an area where Visitor Accommodations are located along the shoreline and long-term housing is located inland from there.
3. No Impact on Local Long-Term Housing: Due to its direct, high-premium oceanfront location and compact layout, Kaleialoha is fundamentally unsuited to serve as affordable, long-term local housing. Forcing a phase-out here under Ordinance 5909 will not generate the intended local workforce housing; it will instead create a severe economic vacuum.
4. Operating as a Hotel: We also share our history of operating as a hotel with one company starting Kaleialoha's vacation rental operations in the1970s, and operating our front office, through the evolution to a more modern and efficient operation. Although not currently operating the front desk, that one company is still with many Kaleialoha Owners, and the market has evolved to allow other Maui-based vacation reservation companies to also represent Kaleialoha owners.
5. Located within the 3.2 ft SLR-XA area: Thirdly, and most importantly for the current meeting for the HLU Committee on August 05, 19, & 27, 2026, our property is on the shoreline and is shown to be fully within the 3.2 ft SLR-XA area.
6. Vital Contributor to the Local Economy: Our TVR guests directly sustain local businesses, restaurants, and tourism workers of West Maui. Forcing Kaleialoha out of operation by the January 1, 2029 West Maui deadline would devastate our owners financially, slash local jobs, and significantly reduce Maui’s property tax revenue base.
Kaleialoha has been a proud, responsible participant in Maui’s visitor industry for over 50 years. We respectfully request that the HLU Committee formally include Kaleialoha on the active eligibility lists and map amendments in the pending Resolutions so that we may transition to the H-3/H-4 hotel zones.
Thank you for reviewing our request and testimony here and from many other owners in the document.
Should you need additional details or documents, I will be happy to provide them.
Thank you for your time, leadership, and consideration of our community.
Rob Maushardt
Owner, Unit 114 / President of the AOAO Board of Directors
Kaleialoha Resort Condominiums
RobMaush@Outlook.COM
Aloha chair U’u-Hodgins, vice-chair Cook and Committee Members.
Our names are Shawn and Pamela Anderson, and we are owners at Kihei Resort unit 128.
We are submitting this comment to express our strong support for Resolution 26-129, and respectfully urge the Committee to adopt Council-member Thomas Cook’s August 5th amendment to explicitly include Kihei Resort in the transition to the H-3/H-4 Hotel District.
Our community is incredibly unified on this, with over 93% of our owners voting in favor of petitioning for this zoning designation. Because or the escalating environmental and infrastructural challenges in our specific area - including frequent flooding and failing utility systems- our complex is fundamentally unsuited for long term residential housing.
Securing this zoning is the only responsible and realistic path forward for our property given its limited functional lifecycle.
Please formally adopt Council-member Cook’s amendment and vote to pass Resolution 26-129 with Kihei Resort included.
Mahalo for your time, your service and for supporting our community.
Sincerely
Shawn and Pamela Anderson
Owners, Kihei Resort 128
Subject: STRONG SUPPORT for Resolution 26-129 and Amendment to Include Kihei Resort
Aloha Chair Uʻu-Hodgins, Vice-Chair Cook, and Committee Members,
My name is Theresa Schultz, and I am an owner at Kihei Resort, Unit 232.
I am writing to express my strong support for Resolution 26-129 and to respectfully urge the Committee to adopt Councilmember Thomas Cook’s August 5th amendment specifically including Kihei Resort in the transition to the H-3/H-4 Hotel District.
The Kihei Resort ownership community is strongly united in support of this request, with more than 93% of our owners voting in favor of petitioning for this zoning designation. This overwhelming level of support reflects a clear and shared understanding among owners of the challenges facing our property and the need for a practical path forward.
Kihei Resort is facing escalating environmental and infrastructure challenges within our area, including frequent flooding and failing utility systems. Given these circumstances, our complex is fundamentally unsuited for continued long-term use as residential housing.
In light of these significant and ongoing challenges, securing the H-3/H-4 zoning designation is the only responsible and realistic path forward for Kihei Resort, particularly given the property's limited functional lifecycle.
I respectfully ask the Committee to formally adopt Councilmember Cook’s August 5th amendment and vote to pass Resolution 26-129 with Kihei Resort explicitly included.
Thank you for your time, your service, and your consideration of our Kihei Resort community.
Mahalo,
Theresa Schultz
Owner, Kihei Resort, Unit 232
STRONG SUPPORT for Resolution 26-129 and Amendment to Include Kihei Resort
Aloha Chair Uʻu-Hodgins, Vice-Chair Cook, and Committee Members,
My name is Scott Choate, and I am the owner of Kihei Resort #131. I purchased my unit in 2002 while I was practicing law in Wailuku. My unit has been owner-occupied, a long-term rental, and a short-term rental. It is my intent to return within the next year and resume some sort of part-time legal practice on island.
I am submitting this comment to express my strong support for Resolution 26-129, and I respectfully urge the committee to adopt Councilmember Thomas Cook’s August 5th amendment to explicitly include Kihei Resort in the transition to the H-3/H-4 Hotel District.
Our community is incredibly unified on this, with over 93% of our owners voting in favor of petitioning for this zoning designation. Because of the escalating environmental and infrastructural challenges in our specific area—including frequent flooding and failing utility systems—our complex is fundamentally unsuited for long-term residential housing. I say this because I have seen the changes over the past 25 years. Increasing weather-related issues plague Kihei Resort by virtue of its location next to Kulanihakoi Gulch and the bridge over South Kihei Road. The repair and maintenance costs are ever-increasing, and Kihei Resort along with the surrounding area infrastructure is continually being downgraded and compromised. Unfortunately, we are looking at a less than positive lifespan, especially regarding reliable long term housing. There are just too many factors out of our control, and the costs are discouraging.
Securing this zoning is the only responsible and realistic path forward for our property given its limited functional lifecycle.
Please formally adopt Councilmember Cook's amendment and vote to pass Resolution 26-129 with Kihei Resort included.
Mahalo for your time, your service, and for supporting our community.
STRONG SUPPORT for Resolution 26-129 and Amendment to Include Kihei Resort
Aloha Chair Uʻu-Hodgins, Vice-Chair Cook, and Committee Members,
My name is Robert Garrett, and I am the Resort Manager at Kihei Resort.
I am submitting this comment to express my strong support for Resolution 26-129, and I respectfully urge the committee to adopt Councilmember Thomas Cook’s August 5th amendment to explicitly include Kihei Resort in the transition to the H-3/H-4 Hotel District.
Our community is incredibly unified on this, with over 93% of our owners voting in favor of petitioning for this zoning designation. Because of the escalating environmental and infrastructural challenges in our specific area—including frequent flooding and failing utility systems—our complex is fundamentally unsuited for long-term residential housing.
Securing this zoning is the only responsible and realistic path forward for our property given its limited functional lifecycle.
Please formally adopt Councilmember Cook's amendment and vote to pass Resolution 26-129 with Kihei Resort included.
Mahalo for your time, your service, and for supporting our community.
Subject: STRONG SUPPORT for Resolution 26-129 and Amendment to Include Kihei Resort
Aloha Chair Uʻu-Hodgins, Vice-Chair Cook, and Committee Members,
My name is Meredith Hauger and I am a local Maui resident and owner at Kihei Resort.
I am submitting this comment to express my strong support for Resolution 26-129, and I respectfully urge the committee to adopt Councilmember Thomas Cook’s August 5th amendment to explicitly include Kihei Resort in the transition to the H-3/H-4 Hotel District.
Our community is incredibly unified on this, with over 93% of our owners voting in favor of petitioning for this zoning designation. Because of the escalating environmental and infrastructural challenges in our specific area—including frequent flooding and failing utility systems—our complex is fundamentally unsuited for long-term residential housing.
Securing this zoning is the only responsible and realistic path forward for our property given its limited functional lifecycle.
Please formally adopt Councilmember Cook's amendment and vote to pass Resolution 26-129 with Kihei Resort included.
Mahalo for your time, your service, and for supporting our community.
Subject: STRONG SUPPORT for Resolution 26-129 and Amendment to Include Kihei Resort
Aloha Chair Uʻu-Hodgins, Vice-Chair Cook, and Committee Members,
My name is Sofia Markh, and I am an owner at Kihei Resort Unit 101.
I am submitting this comment to express my strong support for Resolution 26-129, and I respectfully urge the committee to adopt Councilmember Thomas Cook’s August 5th amendment to explicitly include Kihei Resort in the transition to the H-3/H-4 Hotel District.
Our community is incredibly unified on this, with over 93% of our owners voting in favor of petitioning for this zoning designation. Because of the escalating environmental and infrastructural challenges in our specific area—including frequent flooding and failing utility systems—our complex is fundamentally unsuited for long-term residential housing.
Securing this zoning is the only responsible and realistic path forward for our property given its limited functional lifecycle.
Please formally adopt Councilmember Cook's amendment and vote to pass Resolution 26-129 with Kihei Resort included.
Mahalo for your time, your service, and for supporting our community.
Sincerely,
Sofia Markh
Owner, Kihei Resort
Subject: STRONG SUPPORT for Resolution 26-129 and Amendment to Include Kihei Resort
Aloha Chair Uʻu-Hodgins, Vice-Chair Cook, and Committee Members,
Our names are Jason and Imrana Mouna and we are owner at Kihei Resort Unit 113.
I am submitting this comment to express our strong support for Resolution 26-129, and I respectfully urge the committee to adopt Councilmember Thomas Cook’s August 5th amendment to explicitly include Kihei Resort in the transition to the H-3/H-4 Hotel District.
Our community is incredibly unified on this, with over 93% of our owners voting in favor of petitioning for this zoning designation. Because of the escalating environmental and infrastructural challenges in our specific area—including frequent flooding and failing utility systems—our complex is fundamentally unsuited for long-term residential housing.
Securing this zoning is the only responsible and realistic path forward for our property given its limited functional lifecycle.
Please formally adopt Councilmember Cook's amendment and vote to pass Resolution 26-129 with Kihei Resort included.
Mahalo for your time, your service, and for supporting our community.
Subject: STRONG SUPPORT for Resolution 26-129 and Amendment to Include Kihei Resort
Aloha Chair Uʻu-Hodgins, Vice-Chair Cook, and Committee Members,
My name is William Lincoln, and I am an owner at Kihei Resort, Unit 211.
I am submitting this comment to express my strong support for Resolution 26-129, and I respectfully urge the committee to adopt Councilmember Thomas Cook’s August 5th amendment to explicitly include Kihei Resort in the transition to the H-3/H-4 Hotel District.
Our community is incredibly unified on this, with over 93% of our owners voting in favor of petitioning for this zoning designation. Because of the escalating environmental and infrastructural challenges in our specific area—including frequent flooding and failing utility systems—our complex is fundamentally unsuited for long-term residential housing.
Securing this zoning is the only responsible and realistic path forward for our property given its limited functional lifecycle.
Please formally adopt Councilmember Cook's amendment and vote to pass Resolution 26-129 with Kihei Resort included.
Mahalo for your time, your service, and for supporting our community.
My name is Norman Murray and I am an owner at Kihei Resort, Unit 115. I am strongly in favor of adopting Councilmember Thomas Cook's amendment to include Kihei Resort in the transition to the H-3/H-4 Hotel District. Please pass Resolution 26-129 with Kihei Resort included.
Mahalo for your time, your service, and for supporting our community.
Sincerely,
Norman Murray, Owner, Kihei Resort
My name is Edward Codelia, and I am a Kula resident. I oppose Resolution 26-129.
Approving this resolution would not complete the rezonings, but it would launch Council-initiated Community Plan Amendment and Change in Zoning proceedings for eight selected condominium properties—and allow additional properties to be added from a list of 104 properties.
The Council has legal authority to initiate zoning legislation. The problem is how that authority is being used. Council-initiated zoning should serve comprehensive public planning, not function as a free substitute for private rezoning applications by selected property owners.
A private applicant normally provides owner authorization, pays filing fees, mails notice to nearby owners, and submits maps, land-use history, infrastructure information, environmental analysis, and other supporting material. Under the Council-initiated route, there is no comparable private application, the Council decides what information is sufficient, and County staff and taxpayers absorb much of the burden.
Resolution 26-129 would single out named properties for H-3 or H-4 hotel zoning so their existing short-term rentals can continue after Bill 9. When a valuable zoning benefit depends on whether a building is placed on a Councilmember’s list, the process begins to resemble political patronage rather than neutral land-use planning.
The Sea Level Rise Exposure Area is not a rational justification for preserving visitor accommodations. If a property faces flooding, erosion, infrastructure failure, or unsafe access, putting tourists there instead of residents does not eliminate the danger. The Council should be evaluating retreat, infrastructure costs, emergency access, and future public liability—not converting climate risk into a permanent private hotel entitlement.
This proposal does not create housing. It removes properties from the pressure Bill 9 was intended to place on vacation rentals.
It also does not meaningfully increase tourism or expand the tax base. These are already-operating vacation rentals, and H-3/H-4 zoning caps the number of transient rooms and prohibits expansion of floor area. The resolution principally preserves existing private revenue. Continuing an economy dependent upon vacation-rental managers, cleaners, handymen, and maintenance services is not housing policy or meaningful economic diversification.
After years of public meetings and testimony over Maui’s housing crisis, the Council should not pass Bill 9 and then create a growing series of exemptions for politically selected properties.
Please file Resolution 26-129, add no additional properties, and require any owner seeking hotel zoning to submit a private application—or, at minimum, provide the same fees, notices, studies, impact analysis, and enforceable public benefits required of a private applicant.
Subject: Please Include Kihei Resort in Resolution 26-129 (Unit 227 Owner)
Aloha Chair U'u-Hodgins, Vice-Chair Cook, and Committee Members,
My name is Miriam Friedman, and my husband and I are owners at Kihei Resort, Unit 227.
I am writing to ask you to support Resolution 26-129 and to adopt Councilmember Cook's August 5th amendment that explicitly includes Kihei Resort in the transition to the H-3/H-4 Hotel District.
I understand the committee is hearing strong opposition, and I understand why. Housing on Maui is a real crisis and I do not take that lightly. But I would ask you to look closely at our specific property before deciding what role it can realistically play. Our complex sits in an area facing serious and worsening flooding, and our utility systems are failing. These are not cosmetic issues. They are structural realities that make our building genuinely unsuitable as long-term housing for families who deserve safe, stable, durable homes.
What concerns me most is that a housing designation here would not produce housing. It would produce units that are difficult to maintain, expensive to insure, and vulnerable in exactly the ways a family home should not be. That helps no one.
More than 93% of our owners voted to petition for this zoning designation. We are not divided on this. We are asking the County to recognize what our property already is and to allow it to continue serving that purpose for the remainder of its functional life.
Please adopt the Cook amendment and pass Resolution 26-129 with Kihei Resort included.
Subject: STRONG SUPPORT for Resolution 26-129 and Amendment to Include Kihei Resort
Aloha Chair Uʻu-Hodgins, Vice-Chair Cook, and Committee Members,
My name is Nandu Bhandari, and I am an owner at Kihei Resort.
I am submitting this comment to express my strong support for Resolution 26-129, and I respectfully urge the committee to adopt Councilmember Thomas Cook’s August 5th amendment to explicitly include Kihei Resort in the transition to the H-3/H-4 Hotel District.
Our community is incredibly unified on this, with over 93% of our owners voting in favor of petitioning for this zoning designation. Because of the escalating environmental and infrastructural challenges in our specific area—including frequent flooding and failing utility systems—our complex is fundamentally unsuited for long-term residential housing.
Securing this zoning is the only responsible and realistic path forward for our property given its limited functional lifecycle.
Please formally adopt Councilmember Cook's amendment and vote to pass Resolution 26-129 with Kihei Resort included.
Mahalo for your time, your service, and for supporting our community.
STRONG SUPPORT for Resolution 26-129 and Amendment to Include Kihei Resort
Aloha Chair Uʻu-Hodgins, Vice-Chair Cook, and Committee Members,
My name is Ann Hoang, and I am an owner at Kihei Resort #215
I am submitting this comment to express my strong support for Resolution 26-129, and I respectfully urge the committee to adopt Councilmember Thomas Cook’s August 5th amendment to explicitly include Kihei Resort in the transition to the H-3/H-4 Hotel District.
Our community is incredibly unified on this, with over 93% of our owners voting in favor of petitioning for this zoning designation. Because of the escalating environmental and infrastructural challenges in our specific area—including frequent flooding and failing utility systems—our complex is fundamentally unsuited for long-term residential housing.
Securing this zoning is the only responsible and realistic path forward for our property given its limited functional lifecycle.
Please formally adopt Councilmember Cook's amendment and vote to pass Resolution 26-129 with Kihei Resort included.
Mahalo for your time, your service, and for supporting our community.
Matter at hand: STRONG SUPPORT for Resolution 26-129 and Amendment to Include Kihei Resort
Aloha Chair Uʻu-Hodgins, Vice-Chair Cook, and Committee Members,
My name is Melissa McKim, and I am an owner at Kihei Resort unit 230.
I am submitting this comment to express my strong support for Resolution 26-129, and I respectfully urge the committee to adopt Council member Thomas Cook’s August 5th amendment to explicitly include Kihei Resort in the transition to the H-3/H-4 Hotel District.
Our community is incredibly unified on this, with over 93% of our owners voting in favor of petitioning for this zoning designation. Because of the escalating environmental and infrastructural challenges in our specific area—including frequent flooding and failing utility systems—our complex is fundamentally unsuited for long-term residential housing.
Securing this zoning is the only responsible and realistic path forward for our property given its limited functional lifecycle.
Please formally adopt Councilmember Cook's amendment and vote to pass Resolution 26-129 with Kihei Resort included.
Mahalo for your time, your service, and for supporting our community.
Aloha Chair Uʻu-Hodgins, Vice-Chair Cook, and Committee Members,
Thank you for taking testimony on Resolution 26-129. We own #123 at Kihei Resort, and we are writing to ask that the committee pass the resolution and adopt the amendment Councilmember Cook introduced on August 5th, which would name Kihei Resort among the properties moving into the H-3/H-4 Hotel District.
This is not a position a handful of owners arrived at. When our association voted on whether to petition for the hotel designation, the measure carried with better than 93% support — a margin we rarely reach on anything.
The reason is the physical condition of the property itself. Flooding recurs at our site, and the utility systems serving the complex are at the end of their service life. These are not problems a long-term tenant can quietly absorb; they are the reason the buildings cannot function reliably as year-round housing. The remaining useful life of the structures is short, and no zoning designation will extend it.
What the committee can do is align the zoning with what the property actually is and what it can realistically support. Including Kihei Resort in the H-3/H-4 transition does exactly that.
I respectfully ask you to adopt Councilmember Cook’s amendment and vote in favor of Resolution 26-129 with Kihei Resort included.
Mahalo for your service and your consideration.
Sincerely,
To: Councilmember Nohelani Uʻu-Hodgins, Chair, Housing and Land Use (HLU) Committee Councilmember Thomas Cook, Vice-Chair Members of the Housing and Land Use Committee Maui County Council
Subject: STRONG COMMUNITY SUPPORT for Resolution 26-129 and Inclusion of Kihei Resort
We are Dmitry and Yang Yarushkin, owners of Kihei Resort #116B. We are writing to express our strong support for Resolution 26-129 and to respectfully urge the Committee to adopt Councilmember Thomas Cook’s August 5 amendment explicitly including Kihei Resort in the H-3/H-4 Hotel District.
More than 93% of Kihei Resort owners voted in favor of pursuing this zoning designation. This overwhelming vote demonstrates that our community is united in recognizing the need for a realistic path forward for our property.
As you are aware, Kihei Resort faces increasing environmental and infrastructure challenges, including severe and recurring flooding, and aging, increasingly vulnerable utility systems. These are not simply short-term concerns - they increasingly affect the long-term viability of the property as conventional residential housing.
We would like to thank Councilmember Cook for recognizing Kihei Resort's eligibility under the Sea Level Rise Exposure Area guidelines and officially introducing our property into the discussion. The H-3/H-4 designation would provide our community with the flexibility and realistic options needed to respond to these challenges and make responsible decisions during the remaining limited useful lifespan of Kihei Resort. Without this flexibility, our community will face increasingly limited and costly options as flooding worsens and aging infrastructure continues to deteriorate.
We respectfully ask the Committee to adopt Councilmember Cook’s amendment and pass Resolution 26-129 with Kihei Resort included.
Mahalo for your time, public service and for recognizing the unique circumstances facing Kihei Resort.
Sincerely,
Dmitry & Yang Yarushkin
Owners, Kihei Resort #116B
To: Chair U'u-Hodgins, Vice-Chair Cook & Committee Members
My name is Eva Weiss and I am the owner of Kihei Resort #111. I strongly support Resolution 26-129 and I respectfully urge the committee to adopt Councilmember Thomas Cook's August 5th amendment to explicitly include Kihei Resort in the transition to the H-3/H-4 Hotel District.
My understanding is that Hotel District Zoning has been adopted for other resorts in a same or similar position as Kihei Resort. No family can comfortably live in my unit 100% of the time since parking and other amenities are extremely limited. Also property rights can not constitutionally be taken without due process of law. This has already been litigated in the stated of HI & found to be the rule of law.
Securing this zoning is the only responsible and realistic path forward for our property given its limited functional lifecycle. Please vote to pass Resolution 26-129 with Kihei Resort included.
Aloha Chair Uʻu-Hodgins, Vice-Chair Cook, and Committee Members,
We are Eduardo and Milagros Naguit, owners of Kihei Resort condo 203G. We are writing to voice our strong support for Resolution 26-129 and to respectfully request that the committee adopt Councilmember Thomas Cook’s August 5th amendment to specifically include Kihei Resort in the transition to the H-3/H-4 Hotel District.
Our ownership community has demonstrated overwhelming support for this change, with more than 93% of owners voting in favor of pursuing this zoning designation. Given the growing environmental and infrastructure challenges affecting our area—including recurring flooding and deteriorating utility systems—our complex is not well suited for long-term residential use.
Considering these conditions and the property’s limited functional lifespan, transitioning to the H-3/H-4 Hotel District represents a practical and responsible path forward for our community.
We respectfully ask the committee to formally adopt Councilmember Cook’s amendment and approve Resolution 26-129 with Kihei Resort included.
Mahalo for your time, your public service, and your consideration of the needs of our community.
Subject: STRONG SUPPORT for Resolution 26-129 and Amendment to Include Kihei Resort
Aloha Chair Uʻu-Hodgins, Vice-Chair Cook, and Committee Members,
My name is Rick Sung and I am an owner at Kihei Resort #114.
I am submitting this comment to express my strong support for Resolution 26-129, and I respectfully urge the committee to adopt Councilmember Thomas Cook’s August 5th amendment to explicitly include Kihei Resort in the transition to the H-3/H-4 Hotel District.
Our community is incredibly unified on this, with over 93% of our owners voting in favor of petitioning for this zoning designation. Because of the escalating environmental and infrastructural challenges in our specific area—including frequent flooding and failing utility systems—our complex is fundamentally unsuited for long-term residential housing.
Securing this zoning is the only responsible and realistic path forward for our property given its limited functional lifecycle.
Please formally adopt Councilmember Cook's amendment and vote to pass Resolution 26-129 with Kihei Resort included.
Mahalo for your time, your service, and for supporting our community.
KALEIALOHA OWNER TESTIMONY
In support of inclusion in Ordinance 6008 Resolutions to identify Council-Initiated zoning changes for certain condominium projects to the newly created hotel zones.
Rob Maushardt, Unit 114 Subject: Strong Support for the Inclusion of Kaleialoha (3785 Lower Honoapiilani Rd., Lahaina) in the County Initiated zoning updates to the new H-3/H-4 Hotel Zones under Ordinance 6008.
To: Honorable Members of the Housing and Land Use Committee and the Maui County Council:
Subject Property: Kaleialoha, Master TMK 430060130000, 3785 Lower Honoapiilani Rd., Built in 1973, Zoned A-2, 68 Units.
My name is Robert Maushardt. I am the owner of unit 114 at Kaleialoha, and I serve as the President of the Board of Directors of the Association of Apartment Owners of Kaleialoha in Honokowai, West Maui.
Please accept this as my written testimony to formally request that the HLU Committee and the County Council consider and include Kaleialoha in the list of properties being considered for County Initiated zoning change to the newly established H-3 or H-4 zoning districts under Ordinance 6008.
Several other owners and I have prepared this document being submitted (this testimony and that of many other owners are included in Exhibit B - Kaleialoha Owner Testimony in support of inclusion in Ordinance 6008 Resolutions to identify Council-Initiated zoning changes for certain condominium projects to the newly created hotel zones).
Background
Kaleialoha represents exactly the type of property Ordinance 6008 was created to protect, an inherently tourist-centric, historically compliant visitor accommodation that does not compete with or subtract from Maui’s long term workforce housing market.
We urge the HLU Committee to include Kaleialoha in the active pipeline of council-initiated rezoning for the following reasons:
1. Built for tourism, it was intentionally built, designed, and operated as an oceanfront vacation resort. Featuring dense, resort style amenities including elevator, swimming pool, limited parking of only one space per unit, and layout optimized for short term visitors rather than long term residential neighborhoods. Kaleialoha Resort Condominiums has operated as a residential property which included legal vacation rental uses from the very beginning.
We provide references to the earliest Community Plan covering our area, the 1982 Lahaina Community Plan which in later revisions became the West Maui CP. These early references show our property was classified by the County in verifiable Property Tax records as Resort/Hotel in the neighborhood OFHOTEL (Oceanfront Hotel).
Furthermore, we have a verifiable history of operating legal vacation rental units, paying Transient Accommodation Tax prior to the date September 24, 2020, set in Ordinance 6008.
2. Longstanding Legal Compliance: For decades, owners at Kaleialoha have operated legally as short-term rentals under the "Minatoya List" apartment-zoning framework. Prior to the Minatoya List, we show how the county recognized Kaleialoha Resort Condominiums as Class Hotel/Resort and was located in the neighborhood OFHOTEL (Ocean-front Hotel), with a MF land use area described as Residential including long- and short-term occupancy, also mentioned specifically in the 1982 Lahaina CP as an area where Visitor Accommodations are located along the shoreline and long-term housing is located inland from there.
3. No Impact on Local Long-Term Housing: Due to its direct, high-premium oceanfront location and compact layout, Kaleialoha is fundamentally unsuited to serve as affordable, long-term local housing. Forcing a phase-out here under Ordinance 5909 will not generate the intended local workforce housing; it will instead create a severe economic vacuum.
4. Operating as a Hotel: We also share our history of operating as a hotel with one company starting Kaleialoha's vacation rental operations in the1970s, and operating our front office, through the evolution to a more modern and efficient operation. Although not currently operating the front desk, that one company is still with many Kaleialoha Owners, and the market has evolved to allow other Maui-based vacation reservation companies to also represent Kaleialoha owners.
5. Located within the 3.2 ft SLR-XA area: Thirdly, and most importantly for the current meeting for the HLU Committee on August 05, 19, & 27, 2026, our property is on the shoreline and is shown to be fully within the 3.2 ft SLR-XA area.
6. Vital Contributor to the Local Economy: Our TVR guests directly sustain local businesses, restaurants, and tourism workers of West Maui. Forcing Kaleialoha out of operation by the January 1, 2029 West Maui deadline would devastate our owners financially, slash local jobs, and significantly reduce Maui’s property tax revenue base.
Kaleialoha has been a proud, responsible participant in Maui’s visitor industry for over 50 years. We respectfully request that the HLU Committee formally include Kaleialoha on the active eligibility lists and map amendments in the pending Resolutions so that we may transition to the H-3/H-4 hotel zones.
Thank you for reviewing our request and testimony here and from many other owners in the document.
Should you need additional details or documents, I will be happy to provide them.
Thank you for your time, leadership, and consideration of our community.
Rob Maushardt
Owner, Unit 114 / President of the AOAO Board of Directors
Kaleialoha Resort Condominiums
RobMaush@Outlook.COM
Aloha chair U’u-Hodgins, vice-chair Cook and Committee Members.
Our names are Shawn and Pamela Anderson, and we are owners at Kihei Resort unit 128.
We are submitting this comment to express our strong support for Resolution 26-129, and respectfully urge the Committee to adopt Council-member Thomas Cook’s August 5th amendment to explicitly include Kihei Resort in the transition to the H-3/H-4 Hotel District.
Our community is incredibly unified on this, with over 93% of our owners voting in favor of petitioning for this zoning designation. Because or the escalating environmental and infrastructural challenges in our specific area - including frequent flooding and failing utility systems- our complex is fundamentally unsuited for long term residential housing.
Securing this zoning is the only responsible and realistic path forward for our property given its limited functional lifecycle.
Please formally adopt Council-member Cook’s amendment and vote to pass Resolution 26-129 with Kihei Resort included.
Mahalo for your time, your service and for supporting our community.
Sincerely
Shawn and Pamela Anderson
Owners, Kihei Resort 128
Subject: STRONG SUPPORT for Resolution 26-129 and Amendment to Include Kihei Resort
Aloha Chair Uʻu-Hodgins, Vice-Chair Cook, and Committee Members,
My name is Theresa Schultz, and I am an owner at Kihei Resort, Unit 232.
I am writing to express my strong support for Resolution 26-129 and to respectfully urge the Committee to adopt Councilmember Thomas Cook’s August 5th amendment specifically including Kihei Resort in the transition to the H-3/H-4 Hotel District.
The Kihei Resort ownership community is strongly united in support of this request, with more than 93% of our owners voting in favor of petitioning for this zoning designation. This overwhelming level of support reflects a clear and shared understanding among owners of the challenges facing our property and the need for a practical path forward.
Kihei Resort is facing escalating environmental and infrastructure challenges within our area, including frequent flooding and failing utility systems. Given these circumstances, our complex is fundamentally unsuited for continued long-term use as residential housing.
In light of these significant and ongoing challenges, securing the H-3/H-4 zoning designation is the only responsible and realistic path forward for Kihei Resort, particularly given the property's limited functional lifecycle.
I respectfully ask the Committee to formally adopt Councilmember Cook’s August 5th amendment and vote to pass Resolution 26-129 with Kihei Resort explicitly included.
Thank you for your time, your service, and your consideration of our Kihei Resort community.
Mahalo,
Theresa Schultz
Owner, Kihei Resort, Unit 232
STRONG SUPPORT for Resolution 26-129 and Amendment to Include Kihei Resort
Aloha Chair Uʻu-Hodgins, Vice-Chair Cook, and Committee Members,
My name is Scott Choate, and I am the owner of Kihei Resort #131. I purchased my unit in 2002 while I was practicing law in Wailuku. My unit has been owner-occupied, a long-term rental, and a short-term rental. It is my intent to return within the next year and resume some sort of part-time legal practice on island.
I am submitting this comment to express my strong support for Resolution 26-129, and I respectfully urge the committee to adopt Councilmember Thomas Cook’s August 5th amendment to explicitly include Kihei Resort in the transition to the H-3/H-4 Hotel District.
Our community is incredibly unified on this, with over 93% of our owners voting in favor of petitioning for this zoning designation. Because of the escalating environmental and infrastructural challenges in our specific area—including frequent flooding and failing utility systems—our complex is fundamentally unsuited for long-term residential housing. I say this because I have seen the changes over the past 25 years. Increasing weather-related issues plague Kihei Resort by virtue of its location next to Kulanihakoi Gulch and the bridge over South Kihei Road. The repair and maintenance costs are ever-increasing, and Kihei Resort along with the surrounding area infrastructure is continually being downgraded and compromised. Unfortunately, we are looking at a less than positive lifespan, especially regarding reliable long term housing. There are just too many factors out of our control, and the costs are discouraging.
Securing this zoning is the only responsible and realistic path forward for our property given its limited functional lifecycle.
Please formally adopt Councilmember Cook's amendment and vote to pass Resolution 26-129 with Kihei Resort included.
Mahalo for your time, your service, and for supporting our community.
Sincerely,
Scott M. Choate
STRONG SUPPORT for Resolution 26-129 and Amendment to Include Kihei Resort
Aloha Chair Uʻu-Hodgins, Vice-Chair Cook, and Committee Members,
My name is Robert Garrett, and I am the Resort Manager at Kihei Resort.
I am submitting this comment to express my strong support for Resolution 26-129, and I respectfully urge the committee to adopt Councilmember Thomas Cook’s August 5th amendment to explicitly include Kihei Resort in the transition to the H-3/H-4 Hotel District.
Our community is incredibly unified on this, with over 93% of our owners voting in favor of petitioning for this zoning designation. Because of the escalating environmental and infrastructural challenges in our specific area—including frequent flooding and failing utility systems—our complex is fundamentally unsuited for long-term residential housing.
Securing this zoning is the only responsible and realistic path forward for our property given its limited functional lifecycle.
Please formally adopt Councilmember Cook's amendment and vote to pass Resolution 26-129 with Kihei Resort included.
Mahalo for your time, your service, and for supporting our community.
Sincerely,
Robert Garrett, Kihei Resort Manager
Subject: STRONG SUPPORT for Resolution 26-129 and Amendment to Include Kihei Resort
Aloha Chair Uʻu-Hodgins, Vice-Chair Cook, and Committee Members,
My name is Meredith Hauger and I am a local Maui resident and owner at Kihei Resort.
I am submitting this comment to express my strong support for Resolution 26-129, and I respectfully urge the committee to adopt Councilmember Thomas Cook’s August 5th amendment to explicitly include Kihei Resort in the transition to the H-3/H-4 Hotel District.
Our community is incredibly unified on this, with over 93% of our owners voting in favor of petitioning for this zoning designation. Because of the escalating environmental and infrastructural challenges in our specific area—including frequent flooding and failing utility systems—our complex is fundamentally unsuited for long-term residential housing.
Securing this zoning is the only responsible and realistic path forward for our property given its limited functional lifecycle.
Please formally adopt Councilmember Cook's amendment and vote to pass Resolution 26-129 with Kihei Resort included.
Mahalo for your time, your service, and for supporting our community.
Sincerely,
Meredith Hauger
Owner, Kihei Resort
Subject: STRONG SUPPORT for Resolution 26-129 and Amendment to Include Kihei Resort
Aloha Chair Uʻu-Hodgins, Vice-Chair Cook, and Committee Members,
My name is Sofia Markh, and I am an owner at Kihei Resort Unit 101.
I am submitting this comment to express my strong support for Resolution 26-129, and I respectfully urge the committee to adopt Councilmember Thomas Cook’s August 5th amendment to explicitly include Kihei Resort in the transition to the H-3/H-4 Hotel District.
Our community is incredibly unified on this, with over 93% of our owners voting in favor of petitioning for this zoning designation. Because of the escalating environmental and infrastructural challenges in our specific area—including frequent flooding and failing utility systems—our complex is fundamentally unsuited for long-term residential housing.
Securing this zoning is the only responsible and realistic path forward for our property given its limited functional lifecycle.
Please formally adopt Councilmember Cook's amendment and vote to pass Resolution 26-129 with Kihei Resort included.
Mahalo for your time, your service, and for supporting our community.
Sincerely,
Sofia Markh
Owner, Kihei Resort
Subject: STRONG SUPPORT for Resolution 26-129 and Amendment to Include Kihei Resort
Aloha Chair Uʻu-Hodgins, Vice-Chair Cook, and Committee Members,
Our names are Jason and Imrana Mouna and we are owner at Kihei Resort Unit 113.
I am submitting this comment to express our strong support for Resolution 26-129, and I respectfully urge the committee to adopt Councilmember Thomas Cook’s August 5th amendment to explicitly include Kihei Resort in the transition to the H-3/H-4 Hotel District.
Our community is incredibly unified on this, with over 93% of our owners voting in favor of petitioning for this zoning designation. Because of the escalating environmental and infrastructural challenges in our specific area—including frequent flooding and failing utility systems—our complex is fundamentally unsuited for long-term residential housing.
Securing this zoning is the only responsible and realistic path forward for our property given its limited functional lifecycle.
Please formally adopt Councilmember Cook's amendment and vote to pass Resolution 26-129 with Kihei Resort included.
Mahalo for your time, your service, and for supporting our community.
Sincerely,
Jason and Imrana Mouna Owners, Kihei Resort 113
Subject: STRONG SUPPORT for Resolution 26-129 and Amendment to Include Kihei Resort
Aloha Chair Uʻu-Hodgins, Vice-Chair Cook, and Committee Members,
My name is William Lincoln, and I am an owner at Kihei Resort, Unit 211.
I am submitting this comment to express my strong support for Resolution 26-129, and I respectfully urge the committee to adopt Councilmember Thomas Cook’s August 5th amendment to explicitly include Kihei Resort in the transition to the H-3/H-4 Hotel District.
Our community is incredibly unified on this, with over 93% of our owners voting in favor of petitioning for this zoning designation. Because of the escalating environmental and infrastructural challenges in our specific area—including frequent flooding and failing utility systems—our complex is fundamentally unsuited for long-term residential housing.
Securing this zoning is the only responsible and realistic path forward for our property given its limited functional lifecycle.
Please formally adopt Councilmember Cook's amendment and vote to pass Resolution 26-129 with Kihei Resort included.
Mahalo for your time, your service, and for supporting our community.
Sincerely,
William Lincoln Owner, Kihei Resort
My name is Norman Murray and I am an owner at Kihei Resort, Unit 115. I am strongly in favor of adopting Councilmember Thomas Cook's amendment to include Kihei Resort in the transition to the H-3/H-4 Hotel District. Please pass Resolution 26-129 with Kihei Resort included.
Mahalo for your time, your service, and for supporting our community.
Sincerely,
Norman Murray, Owner, Kihei Resort
Aloha Chair and Committee Members:
My name is Edward Codelia, and I am a Kula resident. I oppose Resolution 26-129.
Approving this resolution would not complete the rezonings, but it would launch Council-initiated Community Plan Amendment and Change in Zoning proceedings for eight selected condominium properties—and allow additional properties to be added from a list of 104 properties.
The Council has legal authority to initiate zoning legislation. The problem is how that authority is being used. Council-initiated zoning should serve comprehensive public planning, not function as a free substitute for private rezoning applications by selected property owners.
A private applicant normally provides owner authorization, pays filing fees, mails notice to nearby owners, and submits maps, land-use history, infrastructure information, environmental analysis, and other supporting material. Under the Council-initiated route, there is no comparable private application, the Council decides what information is sufficient, and County staff and taxpayers absorb much of the burden.
Resolution 26-129 would single out named properties for H-3 or H-4 hotel zoning so their existing short-term rentals can continue after Bill 9. When a valuable zoning benefit depends on whether a building is placed on a Councilmember’s list, the process begins to resemble political patronage rather than neutral land-use planning.
The Sea Level Rise Exposure Area is not a rational justification for preserving visitor accommodations. If a property faces flooding, erosion, infrastructure failure, or unsafe access, putting tourists there instead of residents does not eliminate the danger. The Council should be evaluating retreat, infrastructure costs, emergency access, and future public liability—not converting climate risk into a permanent private hotel entitlement.
This proposal does not create housing. It removes properties from the pressure Bill 9 was intended to place on vacation rentals.
It also does not meaningfully increase tourism or expand the tax base. These are already-operating vacation rentals, and H-3/H-4 zoning caps the number of transient rooms and prohibits expansion of floor area. The resolution principally preserves existing private revenue. Continuing an economy dependent upon vacation-rental managers, cleaners, handymen, and maintenance services is not housing policy or meaningful economic diversification.
After years of public meetings and testimony over Maui’s housing crisis, the Council should not pass Bill 9 and then create a growing series of exemptions for politically selected properties.
Please file Resolution 26-129, add no additional properties, and require any owner seeking hotel zoning to submit a private application—or, at minimum, provide the same fees, notices, studies, impact analysis, and enforceable public benefits required of a private applicant.
Edward Codelia
Kula, Maui
Subject: Please Include Kihei Resort in Resolution 26-129 (Unit 227 Owner)
Aloha Chair U'u-Hodgins, Vice-Chair Cook, and Committee Members,
My name is Miriam Friedman, and my husband and I are owners at Kihei Resort, Unit 227.
I am writing to ask you to support Resolution 26-129 and to adopt Councilmember Cook's August 5th amendment that explicitly includes Kihei Resort in the transition to the H-3/H-4 Hotel District.
I understand the committee is hearing strong opposition, and I understand why. Housing on Maui is a real crisis and I do not take that lightly. But I would ask you to look closely at our specific property before deciding what role it can realistically play. Our complex sits in an area facing serious and worsening flooding, and our utility systems are failing. These are not cosmetic issues. They are structural realities that make our building genuinely unsuitable as long-term housing for families who deserve safe, stable, durable homes.
What concerns me most is that a housing designation here would not produce housing. It would produce units that are difficult to maintain, expensive to insure, and vulnerable in exactly the ways a family home should not be. That helps no one.
More than 93% of our owners voted to petition for this zoning designation. We are not divided on this. We are asking the County to recognize what our property already is and to allow it to continue serving that purpose for the remainder of its functional life.
Please adopt the Cook amendment and pass Resolution 26-129 with Kihei Resort included.
Mahalo for your consideration.
Miriam Friedman
Owner, Unit 227
Kihei Resort
Subject: STRONG SUPPORT for Resolution 26-129 and Amendment to Include Kihei Resort
Aloha Chair Uʻu-Hodgins, Vice-Chair Cook, and Committee Members,
My name is Nandu Bhandari, and I am an owner at Kihei Resort.
I am submitting this comment to express my strong support for Resolution 26-129, and I respectfully urge the committee to adopt Councilmember Thomas Cook’s August 5th amendment to explicitly include Kihei Resort in the transition to the H-3/H-4 Hotel District.
Our community is incredibly unified on this, with over 93% of our owners voting in favor of petitioning for this zoning designation. Because of the escalating environmental and infrastructural challenges in our specific area—including frequent flooding and failing utility systems—our complex is fundamentally unsuited for long-term residential housing.
Securing this zoning is the only responsible and realistic path forward for our property given its limited functional lifecycle.
Please formally adopt Councilmember Cook's amendment and vote to pass Resolution 26-129 with Kihei Resort included.
Mahalo for your time, your service, and for supporting our community.
Sincerely,
Nandu Bhandari, Owner, Kihei Resort
STRONG SUPPORT for Resolution 26-129 and Amendment to Include Kihei Resort
Aloha Chair Uʻu-Hodgins, Vice-Chair Cook, and Committee Members,
My name is Ann Hoang, and I am an owner at Kihei Resort #215
I am submitting this comment to express my strong support for Resolution 26-129, and I respectfully urge the committee to adopt Councilmember Thomas Cook’s August 5th amendment to explicitly include Kihei Resort in the transition to the H-3/H-4 Hotel District.
Our community is incredibly unified on this, with over 93% of our owners voting in favor of petitioning for this zoning designation. Because of the escalating environmental and infrastructural challenges in our specific area—including frequent flooding and failing utility systems—our complex is fundamentally unsuited for long-term residential housing.
Securing this zoning is the only responsible and realistic path forward for our property given its limited functional lifecycle.
Please formally adopt Councilmember Cook's amendment and vote to pass Resolution 26-129 with Kihei Resort included.
Mahalo for your time, your service, and for supporting our community.
Sincerely,
Ann Hoang
Owner, Kihei Resort
Matter at hand: STRONG SUPPORT for Resolution 26-129 and Amendment to Include Kihei Resort
Aloha Chair Uʻu-Hodgins, Vice-Chair Cook, and Committee Members,
My name is Melissa McKim, and I am an owner at Kihei Resort unit 230.
I am submitting this comment to express my strong support for Resolution 26-129, and I respectfully urge the committee to adopt Council member Thomas Cook’s August 5th amendment to explicitly include Kihei Resort in the transition to the H-3/H-4 Hotel District.
Our community is incredibly unified on this, with over 93% of our owners voting in favor of petitioning for this zoning designation. Because of the escalating environmental and infrastructural challenges in our specific area—including frequent flooding and failing utility systems—our complex is fundamentally unsuited for long-term residential housing.
Securing this zoning is the only responsible and realistic path forward for our property given its limited functional lifecycle.
Please formally adopt Councilmember Cook's amendment and vote to pass Resolution 26-129 with Kihei Resort included.
Mahalo for your time, your service, and for supporting our community.
Sincerely,
Melissa McKim Owner, Kihei Resort
Aloha Chair Uʻu-Hodgins, Vice-Chair Cook, and Committee Members,
Thank you for taking testimony on Resolution 26-129. We own #123 at Kihei Resort, and we are writing to ask that the committee pass the resolution and adopt the amendment Councilmember Cook introduced on August 5th, which would name Kihei Resort among the properties moving into the H-3/H-4 Hotel District.
This is not a position a handful of owners arrived at. When our association voted on whether to petition for the hotel designation, the measure carried with better than 93% support — a margin we rarely reach on anything.
The reason is the physical condition of the property itself. Flooding recurs at our site, and the utility systems serving the complex are at the end of their service life. These are not problems a long-term tenant can quietly absorb; they are the reason the buildings cannot function reliably as year-round housing. The remaining useful life of the structures is short, and no zoning designation will extend it.
What the committee can do is align the zoning with what the property actually is and what it can realistically support. Including Kihei Resort in the H-3/H-4 transition does exactly that.
I respectfully ask you to adopt Councilmember Cook’s amendment and vote in favor of Resolution 26-129 with Kihei Resort included.
Mahalo for your service and your consideration.
Sincerely,
Caroline Li and Jay Chen
Owners, Kihei Resort
To: Councilmember Nohelani Uʻu-Hodgins, Chair, Housing and Land Use (HLU) Committee Councilmember Thomas Cook, Vice-Chair Members of the Housing and Land Use Committee Maui County Council
Subject: STRONG COMMUNITY SUPPORT for Resolution 26-129 and Inclusion of Kihei Resort
We are Dmitry and Yang Yarushkin, owners of Kihei Resort #116B. We are writing to express our strong support for Resolution 26-129 and to respectfully urge the Committee to adopt Councilmember Thomas Cook’s August 5 amendment explicitly including Kihei Resort in the H-3/H-4 Hotel District.
More than 93% of Kihei Resort owners voted in favor of pursuing this zoning designation. This overwhelming vote demonstrates that our community is united in recognizing the need for a realistic path forward for our property.
As you are aware, Kihei Resort faces increasing environmental and infrastructure challenges, including severe and recurring flooding, and aging, increasingly vulnerable utility systems. These are not simply short-term concerns - they increasingly affect the long-term viability of the property as conventional residential housing.
We would like to thank Councilmember Cook for recognizing Kihei Resort's eligibility under the Sea Level Rise Exposure Area guidelines and officially introducing our property into the discussion. The H-3/H-4 designation would provide our community with the flexibility and realistic options needed to respond to these challenges and make responsible decisions during the remaining limited useful lifespan of Kihei Resort. Without this flexibility, our community will face increasingly limited and costly options as flooding worsens and aging infrastructure continues to deteriorate.
We respectfully ask the Committee to adopt Councilmember Cook’s amendment and pass Resolution 26-129 with Kihei Resort included.
Mahalo for your time, public service and for recognizing the unique circumstances facing Kihei Resort.
Sincerely,
Dmitry & Yang Yarushkin
Owners, Kihei Resort #116B
To: Chair U'u-Hodgins, Vice-Chair Cook & Committee Members
My name is Eva Weiss and I am the owner of Kihei Resort #111. I strongly support Resolution 26-129 and I respectfully urge the committee to adopt Councilmember Thomas Cook's August 5th amendment to explicitly include Kihei Resort in the transition to the H-3/H-4 Hotel District.
My understanding is that Hotel District Zoning has been adopted for other resorts in a same or similar position as Kihei Resort. No family can comfortably live in my unit 100% of the time since parking and other amenities are extremely limited. Also property rights can not constitutionally be taken without due process of law. This has already been litigated in the stated of HI & found to be the rule of law.
Securing this zoning is the only responsible and realistic path forward for our property given its limited functional lifecycle. Please vote to pass Resolution 26-129 with Kihei Resort included.
Mahola for your attention to this matter!
Eva Weiss
Aloha Chair Uʻu-Hodgins, Vice-Chair Cook, and Committee Members,
We are Eduardo and Milagros Naguit, owners of Kihei Resort condo 203G. We are writing to voice our strong support for Resolution 26-129 and to respectfully request that the committee adopt Councilmember Thomas Cook’s August 5th amendment to specifically include Kihei Resort in the transition to the H-3/H-4 Hotel District.
Our ownership community has demonstrated overwhelming support for this change, with more than 93% of owners voting in favor of pursuing this zoning designation. Given the growing environmental and infrastructure challenges affecting our area—including recurring flooding and deteriorating utility systems—our complex is not well suited for long-term residential use.
Considering these conditions and the property’s limited functional lifespan, transitioning to the H-3/H-4 Hotel District represents a practical and responsible path forward for our community.
We respectfully ask the committee to formally adopt Councilmember Cook’s amendment and approve Resolution 26-129 with Kihei Resort included.
Mahalo for your time, your public service, and your consideration of the needs of our community.
Sincerely,
Ed and Mila Naguit
Subject: STRONG SUPPORT for Resolution 26-129 and Amendment to Include Kihei Resort
Aloha Chair Uʻu-Hodgins, Vice-Chair Cook, and Committee Members,
My name is Rick Sung and I am an owner at Kihei Resort #114.
I am submitting this comment to express my strong support for Resolution 26-129, and I respectfully urge the committee to adopt Councilmember Thomas Cook’s August 5th amendment to explicitly include Kihei Resort in the transition to the H-3/H-4 Hotel District.
Our community is incredibly unified on this, with over 93% of our owners voting in favor of petitioning for this zoning designation. Because of the escalating environmental and infrastructural challenges in our specific area—including frequent flooding and failing utility systems—our complex is fundamentally unsuited for long-term residential housing.
Securing this zoning is the only responsible and realistic path forward for our property given its limited functional lifecycle.
Please formally adopt Councilmember Cook's amendment and vote to pass Resolution 26-129 with Kihei Resort included.
Mahalo for your time, your service, and for supporting our community.
Sincerely,
Rick Sung Owner, Kihei Resort