Title
AN ORDINANCE AMENDING CHAPTERS 1202, “ADMINISTRATIVE AND REVIEW ROLES,” 1203, “DEVELOPMENT REVIEW AND ADMINISTRATION PROCEDURES,” 1204, “GENERAL REVIEW STANDARDS”, 1205, “ZONING DISTRICTS-CITY OF HUDSON ZONING MAP”, AND 1207, “ZONING DEVELOPMENT AND SITE PLAN STANDARDS,” OF THE LAND DEVELOPMENT CODE TO IMPLEMENT CERTAIN AMENDMENTS TO THE CHARTER OF THE CITY OF HUDSON ADOPTED IN 2020. (As Amended 8/17/2021)
Brief Description: City Council amended this Ordinance to include recommendations of the Planning Commission.
Body
Legislative History
The Land Development Code was adopted in December 1999. Voters approved amendments to the City Charter in November, 2020
Purpose & Explanation
Pursuant to Charter amendments approved by voters in November 2020, the proposed Land Development Code amendments would revise relevant text of the composition and terms of the Planning Commission, Board of Zoning and Building Appeals, and the Architectural and Historic Board of Review and remove regulations which allow the development of land with a maximum net density to increase without changing the text of the regulation or the zoning map.
Ballot issue #2 of the 2020 Charter Amendments stated the following:
SECTION 9.01 PLANNING COMMISSION -COMPOSITION AND TERMS.
***
The Planning Commission shall consist of seven (7) qualified electors of the Municipality appointed by Council, and not holding other public office, to serve without compensation, for a staggered term of four (4)-years terms. except that the members of the first Commission of seven (7) members after the approval of this section by the electors shall serve the following staggered terms: One (1) member for a term ending January 1, 1996; two (2) members for terms ending January 1, 1997; two (2) members for terms ending January 1, 1998; and two (2) members for terms ending January 1, 1999.Each member shall have been a resident of the Municipality or in territory annexed thereto for two (2) years preceding appointment and shall continue to remain a resident during the member’s term. At the time of the appointment or re-appointment of any member of the Planning Commission, the Planning Commission shall have no less than one (1) member from each ward in the Municipality. In the event of a vacancy, Council shall appoint a qualified elector to complete fill the unexpired term. The City Manager or a designee shall serve as ex-officio Secretary of the Commission. In the event of a vacancy, Council shall appoint a qualified elector to complete the unexpired term. No member of the Planning Commission shall serve for more than three (3) consecutive full four (4)-year terms. Meetings shall be open to the public except as may be provided by state law.
With the passage of the ballot issue, the Land Development Code (LDC) must be amended to align with the Charter. Staff has additionally proposed applicable LDC changes to the composition and terms of the Board of Zoning and Building Appeals and the Architectural and Historic Board of Review so all criteria of the Charter regarding the three boards is fully expressed within the Land Development Code.
Ballot issue #3 of the 2020 Charter Amendments stated the following:
SECTION 9.02 PLANNING COMMISSION - POWERS AND DUTIES.
***
Any proposed action by Council relating to changes of zoning, building codes, or other regulations controlling the use or development of land shall require five (5) votes of Council for passage. No zoning, building or other regulation controlling the use or development of land shall permit maximum net density in any zoning district for any dwelling type to increase without changing the text of the regulation or the zoning map; and any such change of the text or map shall require six (6) affirmative votes of Council for its passage. Four (4) votes by Council shall be required to return a recommendation to the Planning Commission for further consideration, and this may be done only once.
With the passage of the ballot issue, the Land Development Code (LDC) must be amended to align with the Charter. The LDC currently contains three references to density bonuses which can be requested. Density bonuses can be requested when a development project dedicates park, open space, and/or land preservation in excess of LDC minimum requirements. Staff is not aware of the density bonus ever being granted previously for a development project.
Legal Authority for Proposed Legislation
Pursuant to Charter Section 6.04, Contracts & Purchasing:
Competitively bid and advertised for two consecutive weeks; bid tab attached: [Yes/No/NA])
Joint or Cooperative Purchase Program
Professional Services
Other [provide explanation]
Fiscal Impact
Currently Budgeted (Account #, $)
Supplemental Appropriation Required (Account #, $)
X Appropriation Not Required
Does this legislation require use of an emergency clause?
Yes [if so, explain why]
X No
Recommendation
Suggested Action
Staff recommends City Council receive the recommendation of the Planning Commission, conduct a public hearing and act on the proposed amendment.
Submitted by,
Jane Howington, City Manager
Thomas J Sheridan, Assistant City Manager
Greg Hannan, Community Development Director