Planning Commission awards five-year extension for final subdivision approval on Alii Drive

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KAILUA-KONA — A new subdivision may pop up along Alii Drive.

KAILUA-KONA — A new subdivision may pop up along Alii Drive.

The Leeward Planning Commission paved the way Thursday for construction of a 19-unit, single-family subdivision on the mauka side of Alii Drive across from the Alohi Kai Subdivision and Kamoa Point, allowing the applicant, Larry Smith of Royal Alii LLC, a five-year extension to meet conditional requirements set forth when the project was initially approved in July 2006.

“I think it’s the right decision,” said Max Newberg, Kona field representative for the Hawaii Regional Council of Carpenters, adding there is room for developers and conservationists to co-exist in Hawaii. “My concern is that the people who work on these projects are able to go home and feed their families in a safe environment.”

The extension proposal was met with considerable public interest leading up to and during Thursday’s hearing, which revolved primarily around the preservation of the historic Judd Trail — a 16-mile tract built by prison laborers in the mid-19th century, portions of which are located on the development site.

“For years and years we have been watching and hoping that the Judd Trail at Alii Drive would finally be surveyed and properly restored,” said Deborah Chang, who has advocated for preservation, protection and use of historic Hawaiian trails for more than 35 years. “Hopefully, this will be the start of paying more attention to restoring it.”

Smith agreed to stabilize the stone walls bordering the trail, remove invasive plants and avoid any development within an established buffer zone upon the initial permitting of the project 10 years ago. He assuaged Chang’s concerns by reaffirming his commitment to that end Thursday.

Chang had been fearful only some of the trail would be preserved, as only 75 percent of it was included under the stipulations set forth in the special management area use permit issued by the Commission in 2006. But Smith also owns the property on which the other 25 percent is located and agreed to preserve and restore the trail in its entirety.

“I am in agreement to do whatever needs to be done,” he said.

Archaeological lots and two identified burial sites situated on the property will also be preserved if and when construction ensues, per the original project approval.

Paula McMichael, President of the Hawaii Surfing Association and proprietor of Pacific Vibrations, filed a petition for standing to contest the time extension on the grounds that construction would increase traffic and pollution, as well as decrease public access at Lyman’s and Kahaluu Beach Park surf sites.

“Much has changed since (the development) was first approved,” McMichael said.

Namely, the Kahului-Keauhou Parkway, which would have alleviated traffic congestion in the area, no longer appears to be in the pipeline. More development could render evacuation during times of emergency even more precarious, McMichael said.

Planning Director Duane Kanuha conceded Alii Drive was not designed to support the expected traffic load of all entitled projects that may come online, saying at some point, a hard look at an alternative would be necessary.

Despite that, McMichael’s petition for standing was voted down unanimously, 5-0. The commission deemed her argument insufficient to demonstrate that her interests were distinguishable from those of the general public or that the proposed actions would cause her actual or threatened injury.

“This is a five-year extension, so we have time to make hopefully the necessary adjustments,” said commissioner Sonny Shimaoka. The requested time extension was subsequently passed, also by a unanimous vote of 5-0, after Smith offered an explanation as to why his development has stalled for a decade.

“It has been really hard in the economy … here in Kona, the last 10 years, there has not been much going on in subdivisions and lots,” Smith said. “Now, it seems like things are starting to happen.”

Smith added the sewer system, water commitments and utility easements involved with the development have already been addressed, which should make the construction process speedier. Smith said the current timetable for completion of the subdivision, which will offer units ranging between 5,240 and 10,177 square feet if and when it is completed, is set at approximately two years.