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Hamilton County commission rejects waiver allowing subdivision at Century South Riverport Industrial Park
Summary
Commissioners voted down a resolution that would have waived reversionary and zero-lot-line restrictions so a company could subdivide and expand an existing building at Century South Riverport Industrial Park. Commissioners debated protections the county’s reversionary clauses provide and asked for attorney review before reconsideration.
Hamilton County commissioners voted down a resolution on Oct. 15 that would have authorized a waiver of reversionary covenants and approval of a re-subdivision for Lots 3 and 4 in Century South Riverport Industrial Park.
The measure, introduced as Resolution 10 25–34, would have allowed the owner to subdivide an existing parcel and build an attached second building on a separately platted lot with a zero-lot-line configuration. County staff and the developer's engineer said the change was primarily driven by financing requirements and that existing covenants and development standards otherwise remain in force.
The commission’s discussion centered on the long-term protections that reversionary clauses provide when the county sells industrial property. Commissioner Graham described reversionary covenants as tools that protect the county from purchasers who fail to complete promised development or who subdivide property to sell off profitable lots. County staff described the waivers as limited to two specific covenant provisions tied to subdivision and the 0-foot setback.
Developer representative Mike Price, MAP Engineers, said at the meeting that the planned expansion would more than double the size of an existing facility and that the two buildings would be attached and remain consistent with existing park development standards. Price said financing had required the separate lot line.
Despite those assurances, several commissioners said they were not comfortable approving the waiver without a legal review. Commissioner Sharp asked for clarity about how the waiver would affect future enforcement of reversionary language and whether the clause would remain in place if the company later sold the property. County staff and a development adviser said most covenants remain in place and that the waiver would be narrowly applied, but the county attorney said she had not reviewed this specific waiver language and declined to opine on its long-term effect.
After extended discussion and multiple requests that the county attorney review the waiver language and report back, the motion to approve the waiver failed on a roll call vote. The resolution’s defeat halts the requested subdivision; staff and the developer said they would return to the commission at its next agenda meeting if they still sought approval.
Why it matters: reversionary covenants are a recurring tool the county uses in industrial land sales to protect against speculative subdivision or failure to perform. Commissioners who opposed the waiver said preserving those long-term protections is important for future governance of county industrial parks.
What’s next: Commissioners asked the county attorney to review the waiver language and to prepare guidance or policy to ensure attorney review of similar documents before they come to the commission. The item can return to a future agenda for reconsideration; staff and the developer said they expected to return on Oct. 29 if the parties resolved outstanding questions.
