But the company first had to agree to knock out 16 units — including all the three-bedroom units — in a settlement agreement with neighbors at Kapalua Golf Villas, The Maui News reported.

The project now will have 42 one- and two-bedroom apartments. There also will be a new utility building and retail warehouse on the lot where the resort already has a golf maintenance building.

It was a close vote: 5-2 on both the SMA and on the Phase 1 and 2 planned development zoning. Commission members William Iaconetti and Joan Pawsat voted no.

As a result of mediation with the neighbors, several changes were made to the proposal since February. The three apartment buildings were lowered from three or four stories to two, to lessen the impact on the views from the luxury condominiums.

The long, narrow driveway from Lower Honoapiilani Highway will get more landscape screening.

ML&P also announced what it called "eco-effective" design, and that helped get a yes vote from Commissioner Jonathan Starr, who shared some of Iaconetti's and Pawsat's doubts about the project.

"Site 6-0," as it has always been called, because it is 6 acres, will be the first LEED-certified affordable rental project on Maui, said ML&P's Ryan Churchill, the senior vice president for development.

That means solar water heaters and designs that will use 25 percent less energy and 30 percent less water than most projects. At least 20 percent of construction materials will have been recycled, and apartments will be made with low-VOC (volatile organic compounds).

By dropping the number of units from 58 to 42, ML&P dropped under the standard 49 at which the state Department of Education requests fair share contributions.

ML&P had already signed an agreement in January to pay $16,317. Planner Ann Cua said the state was willing to cancel that pact, but ML&P said it will pay the full amount anyway.

The money will go to the Hawaii 3Rs program at Lahaina Intermediate School.

Churchill was asked how the company would award apartments to employees. He said in the past it has been done by seniority, but that is under discussion.

A lottery may be tried instead.

Starr wanted to know if affordable housing can be limited to employees.

Deputy Corporation Counsel James Giroux said the ordinance is so new it hasn't been tested, but it is a "work force housing" requirement.

"Historically, housing has been labeled as employee housing," he said. "I don't think it would be an aberration to do that (limit occupants to employees of the developer)."

Starr said his opinion was "it should be out in the public domain as part of a process created by county government."

Most of the discussion revolved around safety, primarily traffic.

Iaconetti noted that the settlement agreement called for reducing the glare from headlights coming toward the condos but did not address the narrowness of the long, steep drive.

He asked Isaac Hall, who represented the interveners, "You feel the brightness of headlights is more important than the safety of children?"

Hall replied, "I'm not saying that." It was a mediation, he said, without priorities.

"I guess we differ," said Iaconetti. "I think the safety of the people living up there is a little higher priority than flashing lights."

Hall told him nothing prevented the commission from "doing anything you need to do."

Iaconetti and Starr were also worried about the blind turn where the drive meets Lower Honoapiilani Road. Starr told traffic consultant Pete Pasqual that he "would be sued" when a fatal accident occurs.

Iaconetti argued that children walking to a school bus stop or crossing the road to the beach will be endangered.

Churchill explained that "traffic-calming measures" are being prepared, including a speed table (or, less likely, a speed bump) at a crosswalk.

Although there is not a continuous sidewalk on one side of the road, there are sidewalks on either side.

By placing the speed table and crosswalk where the sidewalks come together, there will be a continuous safe route, Churchill said.

Iaconetti also related tales he had heard that dangerous agricultural chemicals had been stored at Site 6-0.

He and Starr wanted a condition to do soil testing.

Wes Nohara, who manages Maui Pine's farms, said the area was used to grow mangoes and later pine, but never to his knowledge to store farm chemicals.

Churchill said the area already had been tested and nothing was found within the 6 acres. A spot on the golf course mauka was said to warrant further testing.

The commission approved the project, 5-2, with Chairman Wayne Hedani, Bruce U'u, John Guard IV, Kent Hiranaga and Starr for, and Iaconetti and Pawsat against.