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Bernard K Alum Mayor Richard 1. Mlyamoto Corporanon Counsel Office of the Corporation Counsel SlevenChrin y'F~"' Auisu~nt Corporation tionnon Couns Hllo lagoon Centre a 101 Aupuni Street, Suite 325 • WIo, Hawall %720 • (808) %1.8251 September 11, 1989 C 0 Tly Honorable Russell S. Kokubun, Chairman, and Members County Council Ccunty of Hawaii Hilo, Hawaii 96720 Dear Council Members: Re: New Conditions Added to Rezoning Ordinances When Property Owner Requests Additional Time to Complete Conditions This is in response to your question, raised at the August 30, 1989 council meeting, as to whether or not conditions may be added to an ordinance to rezone property when the owner of the subject property requests that the ordinance be amended to allow more time within which to complete all of the conditions imposed in the rezoning ordinance in effect. Our response is that conditions may be added to the ordinance, but that they should pertain only to factors or subjects which relate to the issue of the extension of time. Many ordinances which amend Chapter 25 of the Hawaii County Code (the zoning code) include a list of conditions with which the owner of the rezoned property must comply within a certain time period because the council has determined that these conditions are necessary to mitigate certain identified negative effects of the rezoning. These conditions may include such factors as providing affordable housing, constructing roads, curbs, sewers and other necessary improvements, and contributing money to assist in improving the adjoining public streets in anticipation of increased traffic caused by the new zoning. These conditions will have time limits on them, sometimes varying from condition to condition. A standard section of the ordinance usually provides a method for extensions. An example of such an extension procedure would be as follows: