If you really care about Chair Lee or any other aunties who may be exposed to infectious illness, you would advance municipal wastewater disinfection, because an infectious process caught by a family remember or friend in nearshore injection well plumes can easily cross over into a community-spread mode, meaning that Chair Lee’s pneumonia source may very well have originated from one of your very own “biobreaks,” with County building ladies’ room facilities being physically connected to the Kahului WWRF where no meaningful suppression of pathogens has happened since the County quietly and without public notice ceased that treatment process for effluent from Maui’s largest flow (5 MGD) plant in 2018.
The idea that you would consider rezoning any such properties connected to unpermitted systems indicates to me that you have not learned a basic fact of life:
There is *no overlap* between what I see as “prideful” behavior, by putting money and commercial interests above human health and security with these rezoning concepts for dwellings that discharge into unpermitted systems, and “something to be proud of,” which in this case costs profit, but saves human life.
Please, choose something to be proud of, and not pride. They are polar opposites, and the latter is almost always unpopular and expensive - common cornerstones of “the right thing to do.”
This “junior high / high school” vibe in governance needs to end, and now.
Below please find a hypothetical script that could be used as food for thought regarding the STR “business” in Ma’alaea.
“Hello, and thank you for your assistance [debit or credit card member services representative]. I would like to dispute a lodging charge based on a material nondisclosure concerning the property. I have prepared a brief statement explaining the transaction and the basis for my chargeback request. May I please read it to you for inclusion in the claim record?
I am requesting a fraud-based chargeback for lodging charges totaling [AMOUNT SPENT], arising from my stay at [MA’ALAEA CONDO] for [NIGHTS STAYED] nights, from [DATES].
On April 23, 2020, the United States Supreme Court held in County of Maui v. Hawaiʻi Wildlife Fund, 590 U.S. 165 (2020), that an NPDES permit is required when pollutants discharged from a point source through groundwater reach navigable waters in a manner constituting the functional equivalent of a direct discharge.
The lodging provider did not disclose that wastewater associated with the property may have been disposed of through nearshore injection wells without an NPDES permit, despite the potential applicability of this federal permitting requirement. Had this material condition and the resulting health, environmental, and legal risks been disclosed before payment, I would not have agreed to the transaction or occupied the premises. I therefore contend that the lodging was materially misrepresented and request reversal of the charges as services obtained through material nondisclosure and not provided as reasonably represented.
This chargeback request does not waive any rights or remedies arising from exposure during the stay. The property owner, operator, association, management company, and other responsible parties may remain liable, subject to proof of causation and applicable law, for infectious disease and any medically established secondary or consequential injury, including inflammatory complications, chronic disease, or malignancy.”
TO: Chair Nohelani Uʻu-Hodgins, Council Chair Alice L. Lee, and Members of the Housing and Land Use Committee
FROM: Shawn Anderson, Vice President, Kihei Resort AOAO (on behalf of the Board of Directors)
DATE: September 8, 2026
SUBJECT: Request to Adopt Resolution 26-129 Including Amendments for Kihei Resort
Property & Parcel Identification
Property Name: Kihei Resort
Address: 777 S. Kihei Rd., Kihei, HI 96753
Tax Map Key (TMK): (2) 3-9-001:036
Total Units: 64
Current Designation: A-1 Apartment District/Multi-Family
Requested Designation: H-3/H-4 Hotel District/Hotel (H)
THE CORE REQUEST
The Kihei Resort AOAO respectfully urges the HLU Committee to adopt H-3/H-4 Hotel District zoning under Resolution 26-129 including amendments for Kihei Resort, and to advance the legislation to the Maui Planning Commission. Specifically, we request support for proposed amendments adding Kihei Resort to Exhibit 1 (Community Plan Amendment) and Exhibit 2 (Change in Zoning) of Resolution 26-129.
THE OWNER MANDATE: 93.4% IN FAVOR
This request is not just a board initiative; it is a unified community mandate. In a recent property-wide vote, 93.4% of Kihei Resort owners voted in favor of this rezoning effort. This near-unanimous consensus underscores the owners' clear understanding of the property's irreversible environmental realities.
THE ENVIRONMENTAL & INFRASTRUCTURE REALITIES
As detailed in our previously submitted 43-page justification document, Kihei Resort is located squarely within the Sea Level Rise Exposure Area (SLR-XA). We are continuously battling severe, compounding infrastructure failures, including:
Cast Iron Pipe Deterioration: Requiring extensive, ongoing relining efforts.
Structural Deficiencies: Constant necessity for structural column replacements.
Flooding Vulnerabilities: Unrelenting demand for storm drain clearing and mitigation.
THE 2046 VIABILITY LIMIT
Despite our aggressive maintenance and capital improvement projects, hard engineering and environmental data project that Kihei Resort has a viable lifespan limited to the year 2046.
This rezoning request is not driven by profit margins or expansion.
It is a necessary, proactive measure for responsible end-of-life property management.
The H-3/H-4 transition provides the only viable framework to manage the property's inevitable decline safely and logically over the next two decades.
CONCLUSION
Excluding Kihei Resort from Resolution 26-129 ignores the physical and environmental reality of our specific location. We thank Councilmember Cook for his foresight and respectfully ask the full committee to support Resolution 26-129 including amendments for Kihei Resort in exhibits 1 and 2 to protect the future and safety of our community.
Respectfully submitted
Shawn Anderson, Vice President
Board of Directors Kihei Resort AOAO
Deleted User
about 1 month ago
walaka street is all residential and apartment zones. the street was built and designed for long term residency.
Chair UUH and Members,
If you really care about Chair Lee or any other aunties who may be exposed to infectious illness, you would advance municipal wastewater disinfection, because an infectious process caught by a family remember or friend in nearshore injection well plumes can easily cross over into a community-spread mode, meaning that Chair Lee’s pneumonia source may very well have originated from one of your very own “biobreaks,” with County building ladies’ room facilities being physically connected to the Kahului WWRF where no meaningful suppression of pathogens has happened since the County quietly and without public notice ceased that treatment process for effluent from Maui’s largest flow (5 MGD) plant in 2018.
The idea that you would consider rezoning any such properties connected to unpermitted systems indicates to me that you have not learned a basic fact of life:
There is *no overlap* between what I see as “prideful” behavior, by putting money and commercial interests above human health and security with these rezoning concepts for dwellings that discharge into unpermitted systems, and “something to be proud of,” which in this case costs profit, but saves human life.
Please, choose something to be proud of, and not pride. They are polar opposites, and the latter is almost always unpopular and expensive - common cornerstones of “the right thing to do.”
This “junior high / high school” vibe in governance needs to end, and now.
Aloha
Aloha,
Below please find a hypothetical script that could be used as food for thought regarding the STR “business” in Ma’alaea.
“Hello, and thank you for your assistance [debit or credit card member services representative]. I would like to dispute a lodging charge based on a material nondisclosure concerning the property. I have prepared a brief statement explaining the transaction and the basis for my chargeback request. May I please read it to you for inclusion in the claim record?
I am requesting a fraud-based chargeback for lodging charges totaling [AMOUNT SPENT], arising from my stay at [MA’ALAEA CONDO] for [NIGHTS STAYED] nights, from [DATES].
On April 23, 2020, the United States Supreme Court held in County of Maui v. Hawaiʻi Wildlife Fund, 590 U.S. 165 (2020), that an NPDES permit is required when pollutants discharged from a point source through groundwater reach navigable waters in a manner constituting the functional equivalent of a direct discharge.
The lodging provider did not disclose that wastewater associated with the property may have been disposed of through nearshore injection wells without an NPDES permit, despite the potential applicability of this federal permitting requirement. Had this material condition and the resulting health, environmental, and legal risks been disclosed before payment, I would not have agreed to the transaction or occupied the premises. I therefore contend that the lodging was materially misrepresented and request reversal of the charges as services obtained through material nondisclosure and not provided as reasonably represented.
This chargeback request does not waive any rights or remedies arising from exposure during the stay. The property owner, operator, association, management company, and other responsible parties may remain liable, subject to proof of causation and applicable law, for infectious disease and any medically established secondary or consequential injury, including inflammatory complications, chronic disease, or malignancy.”
Stay well, everyone!
EXECUTIVE SUMMARY: Support for Resolution 26-129
TO: Chair Nohelani Uʻu-Hodgins, Council Chair Alice L. Lee, and Members of the Housing and Land Use Committee
FROM: Shawn Anderson, Vice President, Kihei Resort AOAO (on behalf of the Board of Directors)
DATE: September 8, 2026
SUBJECT: Request to Adopt Resolution 26-129 Including Amendments for Kihei Resort
Property & Parcel Identification
Property Name: Kihei Resort
Address: 777 S. Kihei Rd., Kihei, HI 96753
Tax Map Key (TMK): (2) 3-9-001:036
Total Units: 64
Current Designation: A-1 Apartment District/Multi-Family
Requested Designation: H-3/H-4 Hotel District/Hotel (H)
THE CORE REQUEST
The Kihei Resort AOAO respectfully urges the HLU Committee to adopt H-3/H-4 Hotel District zoning under Resolution 26-129 including amendments for Kihei Resort, and to advance the legislation to the Maui Planning Commission. Specifically, we request support for proposed amendments adding Kihei Resort to Exhibit 1 (Community Plan Amendment) and Exhibit 2 (Change in Zoning) of Resolution 26-129.
THE OWNER MANDATE: 93.4% IN FAVOR
This request is not just a board initiative; it is a unified community mandate. In a recent property-wide vote, 93.4% of Kihei Resort owners voted in favor of this rezoning effort. This near-unanimous consensus underscores the owners' clear understanding of the property's irreversible environmental realities.
THE ENVIRONMENTAL & INFRASTRUCTURE REALITIES
As detailed in our previously submitted 43-page justification document, Kihei Resort is located squarely within the Sea Level Rise Exposure Area (SLR-XA). We are continuously battling severe, compounding infrastructure failures, including:
Cast Iron Pipe Deterioration: Requiring extensive, ongoing relining efforts.
Structural Deficiencies: Constant necessity for structural column replacements.
Flooding Vulnerabilities: Unrelenting demand for storm drain clearing and mitigation.
THE 2046 VIABILITY LIMIT
Despite our aggressive maintenance and capital improvement projects, hard engineering and environmental data project that Kihei Resort has a viable lifespan limited to the year 2046.
This rezoning request is not driven by profit margins or expansion.
It is a necessary, proactive measure for responsible end-of-life property management.
The H-3/H-4 transition provides the only viable framework to manage the property's inevitable decline safely and logically over the next two decades.
CONCLUSION
Excluding Kihei Resort from Resolution 26-129 ignores the physical and environmental reality of our specific location. We thank Councilmember Cook for his foresight and respectfully ask the full committee to support Resolution 26-129 including amendments for Kihei Resort in exhibits 1 and 2 to protect the future and safety of our community.
Respectfully submitted
Shawn Anderson, Vice President
Board of Directors Kihei Resort AOAO
walaka street is all residential and apartment zones. the street was built and designed for long term residency.