COM 0938.000 1996-1998 - Laserfiche WebLink

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Honorable James Y. Arakaki, Chairman and Members of the County Council Page 2 In 1972 and 1973, the Machado Acres Subdivision was developed under the Cluster Plan Development procedure, whereby the maximum number of lots that could be created was 76 residential lots having minimum 10,000 square feet. The remaining area was considered common land set aside for open space or for recreational use. Originally, the subdivision consisted of 74 lots with lot sizes ranging from 10,000 to 20,806 square feet; 2 lots - 44,667 square feet and 48,227 square feet; and 2 lots - 3.994 acres and 3.923 acres for the designated park site. According to the Machado Acres Association, as part of the covenants of the sales agreement for lot owners in the Machado Acres Subdivision, each lot owner automatically becomes a member of the Machado Acres Association as a condition of ownership. Further, in accordance with the By -Laws of the Machado Acres Association, the purpose of this nonprofit organization is to administer an 8 -:E -acre park site (TMK: 2-4-29:28 and 2-4-60:1) which had been set aside by the developer as a public park area. Although the developer donated $10,000 to the Machado Acres Association in lieu of developing the park, the park was never developed due to the high cost to prepare the land, which far exceeded the money available. It is also stated that the Machado Acres Association is legally liable for any injuries that may occur on the designated park area, and therefore, the Association preferred to eliminate all liability that the Association and its members are presently subjected to. As a solution to this liability problem, the Machado Acres Association requested that the affected Machado Acres Subdivision be rezoned so as to separate the designated park site from each lot. The park site would then be dedicated to the County of Hawaii for park recreational purposes. The proposed Single -Family Residential (RS -10) and Open zoned districts can conform to the following goals, policies and standards of the Land Use Element of the General Plan: * Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. * Zone urban- and rural -types of uses with ease of access to community services and employment centers and with adequate public utilities and facilities. * 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.