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.
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