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Smithfield council denies extension of vested rights for Whitley Towns townhouse project
Summary
Council voted to deny a developer request to extend vested rights for a B-3 conditional townhouse project north of the former Heilig-Meyers site; staff said construction plans and some permits had been approved in 2023 but zoning changes and adjacent commercial redevelopment prompted reevaluation.
The Smithfield Town Council voted to deny a developer's request to extend vested rights for the Whitley Towns townhouse project, a conditional B-3 application previously approved for property north of the former Heilig-Meyers/Kmart site.
Town staff described the project's history: the B-3 conditional zoning approval occurred on Oct. 5, 2021; the preliminary plat was approved June 7, 2022; and the construction plans and a zoning permit were approved on April 17, 2023. Under the statute cited in staff comments, vested rights tied to construction-plan approvals generally expire two years after approval unless extended by the governing body. The developer asked the council to extend…
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