Title
AN ORDINANCE AMENDING THE LAND DEVELOPMENT CODE REGARDING THE TRANSFER OF LAND WHERE A CONDITIONAL USE PERMIT HAS BEEN RECENTLY ISSUED.
Brief Description: This ordinance will amend the Land Development Code to reasonably and temporarily limit the transfer (sale) of land where a conditional use permit has recently been issued.
Body
Legislative History
None.
Purpose & Explanation
Conditional Use applications and permits are governed separately under the Land Development Code. Such approvals balance the need for regulatory consistency with the need for flexibility.
The Planning Commission and the City Community Development Department spend hours working with conditional use applicants and rely heavily on the representations, materials submitted by, and the testimony of the applicant and/or its representatives along with the applicant and/or owner’s reputation, experience in the community, and expertise.
The representations, materials submitted by, and the testimony of the applicant and/or its representatives form a crucial foundation upon which the Planning Commission and the City Development Department render their decisions, and such representations, commitments, and plans should not change shortly after an applicant receives approval from the City.
Further, completed developments should conform to the representations, materials submitted by, and the testimony of these conditional use applicants and/or their representatives. Otherwise the quality of the development and, thus, the public health, safety and general welfare of the community are all undermined and threatened.
This ordinance establishes reasonable, temporary regulations on the transfer of ownership after the approval of a conditional use grant. By limiting the transfer to the development (design and development) phase of a project, these rules strike the proper balance between ensuring the project built is the one promised and the landowner’s right to utilize and/or sell its property.
Timing Considerations
None.
Fiscal Impact
None
Recommendation
Suggested Action
That Section 1206.07 of the Codified Ordinances of Hudson be established and provide that where a Conditional Use approval has been given, all new construction must be consistent with the plans and representations submitted by an applicant to the Planning Commission and the Community Development Department. Once approved, a landowner can only transfer ownership if the process in this new section is followed. The temporal limitations are: (1) during the year immediately following the approval; or, (2) prior to the completion of compliant construction, whichever period is longer. Conditional use approval is immediately rendered void and revoked as a matter of law if a property is transferred to an unaffiliated owner where a conditional use permit has been issued under this code and at least one of the following has not occurred:
(1) twelve months have not passed since the last approval was issued;
(2) construction has not been completed; or
(3) the process in subsection (d) has not been completed.
This ordinance requires the following in order to permit the transfer of a conditional use approval. The prospective owner must submit an application and appear at a hearing before the Planning Commission wherein the prospective new owner / applicant expressly agrees to abide by all prior conditions and plans approved by the Planning Commission. In the event any prospective purchaser seeks to modify the development, conditions, and/or plans, it must affirmatively identify any changes in the development. The applicant must also post a performance bond in the amount of no less than 110% of the project’s estimated improvements.
Lastly, transfers shall not be permitted if any of the following apply:
(1) at least 50% of the originally projected construction costs have been incurred in furtherance of the development described in the Conditional Use Permit;
(2) if the purchasing party refuses to abide by all initial terms and conditions attached to the Conditional Use Permit;
(3) if the applicant intended to sell the property and did not disclose this prior to the issuance of a Conditional Use Permit;
(4) if the purchasing party was known to the applicant and was not disclosed to the Planning Commission prior to the issuance of the Conditional Use Permit; or
(5) if the Conditional Use Permit was obtained as a result of fraud, deception, or any other improper method.
Submitted by,
Skylar Sutton, Council