HomeMy WebLinkAboutPD Recommendation Report - William Cox Morris (PL-REZ-2025-000083)-1-
BMORRISREZ.AUG_2025
COUNTY OF HAWAIʻI PLANNING DEPARTMENT
RECOMMENDATION
WILLIAM COX MORRIS
CHANGE OF ZONE APPLICATION NO. PL-REZ-2025-000083
Upon careful review of the request against the guidelines for granting a change of zone,
the Planning Director is recommending that a favorable recommendation of the Change of Zone
request be forwarded to the County Council. Since this recommendation is made without the
benefit of public testimony, the Planning Director reserves the right to modify and/or alter this
position based upon additional information presented at the public hearing. This favorable
recommendation is based on the following findings:
The applicant is requesting a Change of Zone from a Single-Family Residential –
20,000 square feet (RS-20) zoning district to a Village Commercial – 20,000 square feet
(CV-20) zoning district for a 25,111-square-foot portion of a 3-acre parcel of land. The CV
zoning district would allow for a broader range of commercial uses than are permitted
under the existing residential designation.
The purpose of the rezoning request is to separate the proposed commercial portion
of the property through subdivision and to develop an approximately 1,275-square-foot
café/deli. The proposed commercial lot (Lot 2B-1) would be created through Subdivision
Application PL-SUB-2023-000138, which has received tentative approval. Associated site
improvements include a driveway connection to Old Volcano Road, five parking stalls (one
EV), a potable water storage tank, a fire suppression catchment tank, and an individual
wastewater system. The remainder of the 3-acre parcel would retain its RS-20 zoning.
Upon approval of the rezoning request, the applicant plans to complete subdivision
and construction of the café/deli within approximately two years. The estimated cost of the
proposed commercial development is $300,000.
To consider an area for any type of zoning designation, the applicable goals,
policies, and standards of the General Plan must be adequately addressed. It is only through
such a comprehensive policy analysis approach that evaluations and decisions can be made
to better time and stage developments to achieve growth determined by the General Plan
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and related planning documents. The implications of these evaluations and decisions must
also be considered as they may have an impact on similar areas in the County.
The change of zone request from a Single-Family Residential-20,000 square
feet (RS-20) zoning district to a Village Commercial-20,000 square feet
(CV-20) zoning district conforms to applicable goals, policies, and standards of the
General Plan. The proposed change of zone from Single-Family Residential – 20,000
square feet (RS-20) to Village Commercial – 20,000 square feet (CV-20) for a 25,111-
square-foot portion of the subject property is consistent with the goals, policies, and
standards of the County of Hawaiʻi General Plan. Relevant General Plan goals emphasize
providing economic opportunities compatible with social and natural environments,
encouraging land use patterns that balance residential and commercial growth, and
supporting compact village development that is served by adequate infrastructure and
services. The proposed CV-20 zoning aligns with these objectives by situating a small-
scale commercial use within an established village setting, proximate to existing
infrastructure and adjacent to other commercial parcels. Additionally, the site lies within
the State Land Use Urban District, further supporting its appropriateness for higher-
intensity land use consistent with General Plan designations. Based on these
considerations, the requested rezoning conforms to the applicable goals, policies, and
standards of the General Plan.
The General Plan is intended to be used as a policy guide for the coordinated growth
and development of all sectors of the County. It sets forth goals, policies, standards, and
courses of action to accommodate growth without congestion, to designate and preserve
the lands needed for residential use, commercial and visitor services, industry, agriculture,
and open space, and to coordinate these uses with the County’s service and circulation
systems. The overall goals, policies and standards are set forth to physically plan the lands
in the County in the best interest of the island’s residents. Land Use is one of the principal
focal points of public concern and policy. The Land Use Element provides the primary
basis for direct control and guidance of publicly and privately owned resources. The
request conforms to the following goals and policies of the General Plan Land Use
Element:
• Goal (Section 14.1.2): Designate and allocate land uses in appropriate proportions
and mix and in keeping with the social, cultural, and physical environments of the
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County (p. 21). The proposed rezoning provides for a balanced mix of residential
and commercial uses within the subdivision, ensuring compatibility with the
surrounding residential and commercial character of Volcano.
• Policy (Section 14.1.3): Zone urban-type uses in areas with access to community
services, employment centers, and adequate public utilities and facilities (p. 21).
The site is located along Old Volcano Road, within proximity to existing
commercial uses, public services, and utilities, making it a suitable location for
village-scale commercial development.
• Policy (Section 14.1.3): Allocate requested zoning in accordance with the existing
or projected needs of the neighborhood, community, region, and County (p. 21).
The café/deli will contribute to the availability of local commercial services in
Volcano, consistent with the community’s needs for small-scale, village-oriented
commercial activity.
• Standard (Section 14.1.4): Zoning requests shall be reviewed with respect to
General Plan designation, district goals, regional plans, State Land Use District,
compatibility with adjacent zoned uses, availability of public services and utilities,
access, and public need (p. 21). The project site is designated Medium Density
Urban under the LUPAG map, is located within the State Land Use Urban District,
is proximate to existing commercial zoning, and can be adequately served by
planned infrastructure improvements.
The Land Use Pattern Allocation Guide (LUPAG) Map component of the General
Plan is a representation of the document’s goals and policies to guide the coordinated
growth and development of the County. It reflects a graphic depiction of the physical
relationship among the various land uses. The LUPAG Map establishes the basic urban
and non-urban form for areas within the County.
The subject property is designated Low Density Urban (ldu) by the LUPAG Map
which includes residential uses, with ancillary community and public uses, and
neighborhood and convenience-type commercial uses; overall residential density may be
up to six units per acre. Medium Density Urban (mdu) is within 250 feet east of the subject
property. The proposed zoning from RS-20 to CV-20 would be consistent with these
designations.
The proposed change of zone from RS-20 to CV-20 is consistent with the Puna
Community Development Plan (PCDP), which emphasizes strengthening existing village
and town centers by encouraging compact, mixed-use development. The subject property
is located along Old Volcano Road in close proximity—approximately 300 feet—to the
designated Volcano Community Village Center. The PCDP envisions such centers as focal
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points for commercial services, community gathering places, and local employment
opportunities. Relevant PCDP policies include enhancing the role of existing and new
village/town centers by allowing expanded commercial uses and facilitating rezoning
requests for appropriately located commercial uses adjacent to or within village centers.
The requested CV-20 designation will allow development of a small café/deli, which aligns
with the PCDP’s objectives to promote a vibrant local economy, provide services in
proximity to residential areas, and support multi-modal, compact village development.
While the project site is technically outside the mapped boundary of the Volcano
Community Village Center, the PCDP expressly states that its maps are intended as
guidelines rather than strict boundaries, allowing for flexibility in considering rezonings
adjacent to designated centers. Therefore, the proposed rezoning conforms to the goals and
policies of the PCDP.
All essential utilities and services are available to the site. Access to the subject
property is from Old Volcano Road, a County-maintained roadway with a roughly 20-foot-
wide pavement and unimproved grass shoulders within an approximately 40-foot-wide
right-of-way. There is no existing driveway access to subject parcel. There was no Traffic
Impact Analysis Report (TIAR) included with the application as the proposed project does
not meet the 50 peak-hour trip threshold to require a TIAR.
The Department of Public Works (DPW) did not submit formal comments on this
application regarding impacts or requirements on Old Volcano Road. The traffic section
concludes that anticipated trips from the café/deli are modest (about 12 peak-hour trips)
and that no additional roadway improvements beyond the driveway connection are
required.
According to the Department of Water Supply (DWS), County water is currently
not available to the subject parcel. To meet demand, the applicant proposes to truck in
potable water for storage in an on-site tank for the proposed deli, with a separate catchment
tank provided for fire suppression. The Department of Health and Department of Water
Supply require that any private potable water system and fire suppression storage comply
with applicable health and safety standards prior to construction and use. The preceding
will be added as a condition of approval.
There is no municipal sewer system servicing the subject area. The proposed
commercial development will require the construction of an Individual Wastewater System
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(IWS) to be approved by the Department of Health. The preceding will be added as a
condition of approval.
Solid waste will be handled through commercial haulers or disposal by the
landowner into authorized landfill sites or transfer stations; this includes waste generated
during construction-related activities.
Police, fire and medical services are available nearby in Volcano. Electrical and
telephone services are available to the site. A condition of approval will require the
applicant to meet all applicable County, State and Federal laws, rules, regulations, and
requirements.
There are no severe geological or topographical problems for the property that
cannot be properly rectified, or which would render the land unusable. The subject
property does not contain severe geological or topographical constraints that would render
the land unusable. The site is generally level with gently sloping terrain and moderately
well-drained soils, is located in FEMA Flood Zone X (areas outside the 500-year flood),
and lies within Lava Flow Hazard Zone 3 and Earthquake Zone D, conditions that can be
adequately addressed through compliance with County building codes and standard
engineering practices.
The request is not contrary to Chapter 205A, Hawaiʻi Revised Statutes,
relating to Coastal Zone Management Area. The subject property is located
approximately 12 miles inland from the coastline at an elevation of about 3,700 feet and is
outside of the County’s Special Management Area (SMA). As such, the proposed change
of zone and commercial development will not affect shoreline access, beach protection, or
coastal resources. While the entire island is within the broader Coastal Zone Management
Area established under Chapter 205A, Hawaiʻi Revised Statutes, the project site’s inland
location and limited scale of development ensure that the request is not contrary to the
objectives and policies of Chapter 205A.
The request will not have a significant adverse impact to traditional and
customary Hawaiian Rights. In view of the Hawaiʻi State Supreme Court’s “PASH” and
“Ka Paʻakai O KaʻAina” decisions, the issue relative to Native Hawaiian gathering and
fishing rights must be addressed in terms of the cultural, historical, and natural resources
and the associated traditional and customary practices of the site.
▪ Investigation of valued resources: The subject property has been previously cleared
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for residential use and formerly contained a dwelling that no longer exists. A formal
archaeological study has not been conducted, but review of historical aerial
photographs and land use records indicates that the site has been disturbed and used
for residential purposes in the past. No known archaeological, cultural, or historic
sites are recorded on the property. The project was submitted to the SHPD for
review under their Ch. 6E-42 criteria. SHPD responded that they had no issues with
the proposed rezoning but requested to be notified when any ground disturbance
occurs.
▪ The valued cultural, historical, and natural resources found in the rezoning area:
No specific cultural or historic resources are documented within the rezoning area.
The parcel is not adjacent to the shoreline, and no known traditional or customary
Native Hawaiian practices are identified as occurring on the site. Vegetation present
includes native and non-native species, such as ʻōhiʻa lehua and hāpuʻu ferns, but
these are common within the Volcano area and not identified as unique or culturally
protected resources.
▪ Possible adverse effect or impairment of valued resources: Given the site’s prior
disturbance, current vacant condition, and distance from the shoreline, the
likelihood of significant adverse effects to traditional or customary Hawaiian rights
is low. No evidence indicates that the property has been or is currently used for
Native Hawaiian gathering, religious, or cultural practices. However, as with any
ground-disturbing activity, there is the potential for subsurface cultural or
archaeological resources to be encountered during construction.
▪ Feasible actions to protect native Hawaiian rights: To address the potential for
inadvertent discoveries, all work will cease in the affected area if cultural or
archaeological resources are encountered, and appropriate consultation and
clearance will be sought from the State Historic Preservation Division (SHPD) and
the County Planning Department before resuming construction. Additionally, the
applicant has indicated willingness to honor any legitimate traditional or customary
access or gathering claims, should they arise. These measures will ensure that
Native Hawaiian rights are respected and protected in compliance with the PASH
and Ka Paʻakai o Kaʻāina decisions.
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Lastly, this recommendation is made with the understanding that the applicant
remains responsible for complying with all other applicable governmental requirements in
connection with the proposed use, prior to its commencement or establishment upon the
subject property. Additional governmental requirements may include the issuance of
building permits, compliance with the Fire Code, installation of improvements required by
the American with Disabilities Act (ADA), among many others. Compliance with all
applicable governmental requirements is a condition of this approval; failure to comply
with such requirements will be considered a violation that may result in enforcement action
by the Planning Department and/or the affected agencies.
Based on the preceding findings, the request to rezone the property from a Single-
Family Residential-20,000 square feet (RS-20) to a Village Commercial-20,000 square feet
(CV-20) zoning district would result in an appropriate land use pattern that would further
benefit the general public.
The accompanying draft bill to amend Section 25-8-23 (Volcano-Mt. View zone map),
Article 8, Chapter 25 (Zoning) of the Hawai‘i County Code, is provided for your favorable
consideration. Please note the proposed conditions of approval attached to the draft bill.
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COUNTY OF HAWAI‘I
STATE OF HAWAI‘I
BILL NO.
ORDINANCE NO.
(Planning Department)
AN ORDINANCE AMENDING SECTION 25-8-23 (VOLCANO-MT. VIEW ZONE
MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAI‘I COUNTY
CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE ZONE MAP
CLASSIFICATION FROM SINGLE-FAMILY RESIDENTIAL – 20,000 SQUARE FEET
(RS-20) TO VILLAGE COMMERCIAL 20,000 SQUARE FEET (CV-20) AT OLAʻA,
VOLCANO, HAWAIʻI, COVERED BY TAX MAP KEY NO. 1-9-005:006 (POR.)
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI‘I:
SECTION 1. Section 25-8-23, Article 8, Chapter 25 (Zoning Code) of the Hawai‘i
County Code 1983 (2016 Edition, as amended) is amended to change the district classification of
property described hereinafter as follows:
The district classification of the following area situated at Olaʻa, Volcano,
Hawai‘i, shall be Village Commercial, – 20,000 square feet (CV-20):
Beginning at the westerly corner of this parcel of land on the northeasterly bound
of Lot 2A, the coordinates of said point of beginning being referred to Government
Survey Triangulation Station “KULANI” being 33,848.30 Ft. South and 21,155.25 Ft.
East, and thence running by azimuths measured clockwise from True South:
1. 239º 31' 0" 132.30 feet, by a line of division through
said Lot 2B, to a point;
2. Thence, by a line of division through
said Lot 2B, along a curve to the
right having a radius of 15.00 feet,
the following chord azimuth and
distance;
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3. 284º 31' 01'' 21.21 feet; to a point;
4. 329º 31' 01'' 143.64 feet, by a line of division through
said Lot 2B, to a point on the
northwesterly side of Old Volcano
Road;
5. 50º 08' 00" 149.29 feet, along the northwesterly sideline
of Old Volcano Road, to a point at
the easterly corner of said Lot 2;
6. 149º 31' 00'' 182.98 feet, along the northeasterly bound of
said Lot 2A, to the point of
beginning and containing an area of
25,111 square feet.
All as shown on the map attached hereto, marked Exhibit "A" and by reference
made a part hereof.
SECTION 2. In accordance with Section 25-2-44, Hawai‘i County Code 1983 (2016
Edition, as amended), the County Council finds the following conditions are:
(1) Necessary to prevent circumstances which may be adverse to the public
health, safety and welfare; or
(2) Reasonably conceived to fulfill needs directly emanating from the land use
proposed with respect to:
(A) Protection of the public from the potentially deleterious effects of
the proposed use, or
(B) Fulfillment of the need for public service demands created by the
proposed use.
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SEE ATTACHED CONDITIONS
SECTION 3. Material to be repealed is bracketed and stricken. New material is
underscored. In printing this ordinance, the brackets, bracketed and stricken material, and
underscoring need not be included.
SECTION 4. Severability. If any provision of this ordinance, or the application thereof
to any person or circumstance, is held invalid, the invalidity does not affect other provisions or
applications of the ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of this ordinance are severable.
SECTION 5. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAI‘I
, Hawai‘i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
CMorrisREZ.AUG_2025
WILLIAM COX MORRIS
CHANGE OF ZONE APPLICATION NO. PL-REZ-2025-000083
CONDITIONS OF APPROVAL
A. The applicant, successors or assigns (“Applicant”) shall be responsible for
complying with all stated conditions of approval.
B. Final Subdivision Approval shall be secured within five (5) years from the
effective date of this ordinance. The time during which required plans, reports,
studies, or relevant permit applications are under review for approvals by
government agencies shall not count towards the deadline established in the
ordinance. To justify this tolling, the Applicant shall provide evidence of the
excluded time period to the planning department for its review and approval,
which shall consist of dates obtained from a government agency website,
permitting program, or office indicating when the required plans, reports, studies,
or permit applications were submitted, approved, denied, or returned by the
government agency.
C. Construction of the proposed development, or as permitted by the zoning district
classification, shall be completed within five (5) years from the effective date of
Final Subdivision Approval.
D. Prior to construction, the Applicant shall secure Final Plan Approval for the
proposed development from the Planning Director in accordance with Section 25-
2-70, Chapter 25 (Zoning Code), Hawai‘i County Code. Plans shall identify all
existing and/or proposed structure(s), paved driveway access and parking stalls
associated with the proposed development. Landscaping shall be indicated on the
plans for the purpose of mitigating any adverse noise or visual impacts to adjacent
properties in accordance with the requirements of Planning Department’s Rule
No. 17 (Landscaping Requirements) and Chapter 25 (Zoning Code), Hawai‘i
County Code.
E. The applicant shall develop sufficient water storage to meet the requirements of
the Department of Health and the Fire Department for sanitation and firefighting
purposes for the proposed development. The water storage facility shall be
completed prior to Certificate of Occupancy and kept filled with enough water to
meet the applicable Department of Health and Fire Department requirements.
F. Prior to the receipt of Final Subdivision Approval, an agreement shall be filed
with the Planning Department for review and acceptance that shall acknowledge
the owner(s) of all lots utilizing the private water system that potable water from
the Department of Water Supply’s system is currently not available; and that the
Department of Water Supply is not obligated to nor will bear the responsibility of
supplying public water to those lots on the private system. The approved
agreement shall be recorded with the State Bureau of Conveyances and a copy of
its recordation to be filed with the Planning Department within three (3) months
of the date of issuance of Final Subdivision Approval.
G. All driveway connections to Old Volcano Road shall conform to Hawai‘i County
Code Chapter 22, County Streets.
H. All development-generated runoff shall be disposed of on-site and not directed
toward any adjacent properties.
I. All earthwork and grading shall conform to Chapter 10, Erosion and Sediment
Control, of the Hawai‘i County Code.
J. The method of sewage disposal shall meet the requirements of the State
Department of Health.
K. In the event that surface or subsurface historic resources, including human
skeletal remains, structural remains (e.g., rock walls, terraces, platforms, etc.),
cultural deposits, marine shell concentrations, sand deposits, or sink holes are
identified during the demolition and/or construction work, the Applicant shall
cease work in the immediate vicinity of the find, protect the find from additional
disturbance and contact the department of Land and Natural Resources- State
Historic Preservation Division (DLNR-SHPD) at (808) 933-7651. Subsequent
work shall proceed upon receipt of an archaeological clearance from DLNR-
SHPD when it finds that sufficient mitigation measures have been taken.
L. Should the Applicant develop residential units on the subject property, the
Applicant shall make its fair share contribution to mitigate the potential regional
impacts of the development with respect to parks and recreation, fire, police, solid
waste disposal facilities and roads for the additional residential units to be created.
The fair share contribution shall become due and payable prior to receipt of Final
Plan Approval and shall be based on the actual number of additional residential
units created. The fair share contribution in the form of cash, land, facilities or
any combination thereof shall be determined by the County Council. The fair
share contribution may be adjusted annually beginning three years after the
effective date of this ordinance, based on the percentage change in the Honolulu
Consumer Price Index (HCPI). The fair share contribution shall have a combined
value of $11,500.24 per multiple family residential unit. The total amount shall be
determined with the actual number of residential units according to the calculation
and payment provisions set forth in this condition. The fair share contribution per
multiple family residential unit shall be allocated as follows:
1. $5,672.74 per multiple family residential unit to the County to support
park and recreational improvements and facilities;
2. $179.29 per multiple family residential unit to the County to support
police facilities;
3. $551.51 per multiple family residential unit to the County to support fire
facilities;
4. $245.81 per multiple family residential unit to the County to support solid
waste facilities; and
5. $4,850.89 per multiple family residential unit to the County to support
road and traffic improvements.
In lieu of paying the fair share contribution, the Applicant may contribute land
and/or construct improvements/facilities related to parks and recreation, fire,
police, solid waste disposal facilities and roads within the region impacted by the
proposed development, subject to the review and recommendation of the Planning
Director, upon consultation with the appropriate agencies and approval of the
County Council pursuant to Section 2-162.1(a) of Hawai‘i County Code.
M. The Applicant shall comply with all applicable County, State and Federal codes,
laws, rules, regulations and requirements.
N. Should the County Council adopt a Unified Impact Fees Ordinance setting forth
criteria for imposition of exaction or the assessment of impact fees, conditions
included herein shall be credited towards the requirements of the Unified Impact
Fees Ordinance.
O. To ensure that the Goals and Policies of the Housing Element of the General Plan
are implemented, the Applicant shall comply with the requirements of Chapter 11,
Article 1, Hawai‘i County Code relating to Affordable Housing Policy. This
requirement shall be approved by the Administrator of the Office of Housing and
Community Development as evidenced by an executed and recorded affordable
housing agreement which shall be provided to the Planning Department by the
Applicant prior to Final Plan Approval or Final Subdivision Approval. Fair share
requirements under Condition L shall be conditionally waived for affordable
housing units or lots, if the Applicant executes an affordable housing agreement
to provide fifty (50) to one hundred (100) percent of the development as
affordable housing units or lots. If the affordable housing units or lots are not
produced and sold or rented in accordance with the affordable housing agreement,
any fair share requirements under Condition L that were waived will become due
and payable.
P. An initial extension of time for the performance of conditions within this
ordinance may be requested in accordance with Section 25-2-44, subsections (c)
and (d), of the Hawaiʻi County Code.
Q. If any conditions have not been completed by the deadline, or if a time extension
request has not been submitted in accordance with section 25-2-44(c), the
planning department shall inform the Applicant that the ordinance is null and void
without further action by the County. In that event, the zoning designation of the
property(s) affected by the ordinance shall automatically revert to its immediate
prior zoning designation.
A-20a
AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-8-23 (VOLCANO-MT. VIEW ZONE MAP) ARTICLE 8,
CHAPTER 25 (ZONING) OF THE HAWAI'I COUNTY CODE 1983 (2016 EDITION, AS AMENDED),
BY CHANGING THE ZONE MAP CLASSIFICATION FROM
SINGLE-FAMILY RESIDENTIAL - 20,000 SQ. FT. (RS-20) TO
VILLAGE COMMERCIAL - 20,000 SQ. FT. (CV-20)
AT OLAʻA, VOLCANO, HAWAIʻI
TMK: (3) 1-9-005:006 DATE: June 30, 2025
William Morris
MAP PREPARED BY:
COUNTY OF HAWAIʻI, PLANNING DEPARTMENT
EXHIBIT "A"
¹
VOLC
A
N
O
R
D
K
A
L
A
N
I
K
O
A
R
D
RS-20
KILAUE
A
R
D
H
A
U
N
A
N
I
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D
H
A
U
N
A
N
I
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D
0 500 1,000250
Feet
RS-20
RS-20
RS-10
RS-10 RS-10
CV-10
CV-10
RS-20
CV-20
RS-20
RS-20
A-20a
A-20a
A-1a
OPEN
FR
33,848.30' S
21,155.25' E
"KULANI"
CV-20
R
S
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2
0
SINGLE-FAMILY RESIDENTIAL -
20,000 SQ. FT. (RS-20)
TO
VILLAGE COMMERCIAL - 20,000
SQ. FT. (CV-20)
REZONE AREA:
25,111 SQ. FT.
HAWA
I
I
B
E
L
T
R
D