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According to the Machado Acres Association, as part of the covenants of the sales <br />agreement for lot owners in the Machado Acres Subdivision, each lot owner <br />automatically becomes a member of the Machado Acres Association as a condition of <br />ownership. Further, in accordance with the By -Laws of the Machado Acres <br />Association, the purpose of this nonprofit organization is to administer an 8_± -acre park <br />site (TMK: 2-4-29:28 and 2-4-60:1) which had been set aside by the developer as a <br />public park area. Although the developer donated $10,000 to the Machado Acres <br />Association in lieu of developing the park, the park was never developed due to the <br />high cost to prepare the land, which far exceeded the money available. It is also stated <br />that the Machado Acres Association is legally liable for any injuries that may occur on <br />the designated park area, and therefore, the Association prefers to eliminate all liability, <br />that the Association and its members are presently subjected to. As a solution to this <br />liability problem, the Machado Acres Association requests that the Machado Acres <br />Subdivision be rezoned so as to separate the designated park site from each lot. The <br />park site would then be dedicated to the County of Hawaii for park recreational <br />purposes. <br />• ►1 W C u : ♦ 01 v @. N V.N i 5FRaI a 1►il ire ' wqxi <br />The subject area is located entirely within the State Land Use Urban District. <br />The proposed Single -Family Residential (RS -10) and Open zonings can conform to the <br />following goals, policies and standards of the following elements of the General Plan. <br />Land Use Element <br />* Designate and allocate land uses in appropriate proportions and mix and in <br />keeping with the social, cultural, and physical environments of the County. <br />* Zone urban- and [ural -types of uses with ease of access to community services <br />and employment centers and with adequate public utilities and facilities. <br />* Zoning requests shall be reviewed with respect to General Plan designation, <br />district goals, regional plats, State Land Use District, compatibility with <br />adjacent zoned uses, availability of public services and utilities, access, and <br />public need. <br />* The County shall encourage the development and maintenance of communities <br />meeting the needs of its residents in balance with the physical and social <br />environment. <br />-2- <br />