Housing and Land Use Committee Meeting – August 5, 2026

The Housing and Land Use Committee met on August 5, 2026, at 9:00 a.m. to consider two resolutions (26-129 and 26-130) that would refer to the Maui Planning Commission proposed bills to amend community plans and change zoning for certain apartment district properties to hotel districts (H-3 and H-4), allowing continued transient vacation rental (TVR) uses. The meeting featured extensive public testimony and committee discussion before being recessed due to the chair's personal scheduling need.

Public Comments & Testimony

• Craig Emmerich (President, Kamaole One HOA) testified in support of inclusion, describing sea level rise impacts and financial challenges. He had no formal retreat plan but acknowledged the board would need to address sea level rise.
• Peg Kelly (VP, Kihei Bay Vista board, full-time resident) described severe flooding, lost vehicles, and unsafe conditions for long-term residents. She supported rezoning to allow short-term rentals to generate funds for mitigation.
• Eve Hogan (owner at Island Sands and Maalaea Kai) testified in favor, arguing that condominiums are not structured as apartments, that sea level rise makes residential use risky, and that tourists can leave during flooding whereas residents cannot.
• Linda Price Berry (Waihee Beach Hotel owner) provided a sea level rise analysis comparing properties and requested Waihee Beach Hotel be added to Resolution 26-129.
• Phil Mills (President, Hale Ono Loa board) testified in support, citing FEMA flood zone and SLREXA designation, and noted the board is working with an engineering firm on seawall maintenance.
• Daniel Holtz (part-owner, Waihee Beach Hotel) supported inclusion based on original condominium documents permitting transient use and sea level rise projections.
• Volker Joe Hug (President, Kihei Resort AOAO) requested Kihei Resort be added to 26-129, noting 80% of units fall within coastal flood hazard zone and a board mandate (93.4% owner vote) to pursue rezoning; the reserve study projects operational closure by 2046.
• Rebecca Krill (general counsel for several associations) argued for consistent application of criteria and warned of potential litigation if not applied uniformly.
• McKenna Woodward (Office of Hawaiian Affairs) testified in opposition to both resolutions, stating that Bill 9 is already returning housing to local ownership and that 2,500 units have been placed on a path to hotel zoning. She urged deferral.
• Andrew Church (Kihei Bay Vista board, owner/manager) supported 26-129, showed photos of flood damage, and provided a $744,000 estimate for a protective wall.
• Tony Spence (Kihei Bay Surf owner) thanked the committee and urged a yes vote on 26-129.
• Joe Ehrlman (Hale Kai O Kihei owner) requested his property be added to 26-129, citing identical sea level rise vulnerabilities and $9,500/year flood insurance cost per unit.
• Rory Frampton (representing Makai Sunset Inn) supported 26-130, explaining the property was legally operating TVR but not on the Minatoya list; he noted the inn burned in the Lahaina fire and owners wish to rebuild as hotel.
• James Lingford raised concerns about social impacts of tourism, including crime and money laundering.
• Jackie Keefe (Lahaina resident, wildfire recovery worker) opposed both resolutions, arguing they undermine Bill 9's intent to reclaim housing, criticized inconsistency, and called for comprehensive shoreline retreat planning.

Discussion Items

• Chair Nohelani U‘u-Hodgins opened with context: Resolution 26-129 includes properties in the Sea Level Rise Exposure Area (SLREXA) at 3.2 feet of sea level rise; Resolution 26-130 addresses 10 Walaka Street (single owner) and Makai Sunset Inn (hotel-like, in SLREXA). She noted the committee could amend to add or remove properties.
• Deputy Planning Director Anna Lillis provided technical details on SLREXA mapping (via PacIOOS website), history of 59 apartment district TVR units, and noted that for 10 Walaka Street and Makai Sunset Inn, tax records were not updated but use was lawful.
• Councilmembers asked clarifying questions of testifiers regarding flooding mitigation plans, insurance costs, sea level rise adaptation, and the need for consistent criteria.
• The committee did not take any votes on the resolutions during this meeting.

Key Outcomes

• The meeting was recessed at 11:47 a.m. and will reconvene on August 19, 2026, at 9:00 a.m. using the same Microsoft Teams link and in-person location (Planning Conference Room).
• No decisions or votes were made; public testimony will continue at the next meeting.
• The chair indicated that approximately 13 testifiers remain to speak, and additional committee deliberation will follow.