The Shelbyville Planning Commission voted to deny requests to extend vested rights for Phase 3 and Phase 4 of the McDowell Pointe subdivision, actions the staff said are necessary because earlier phases have expired and key connectivity and open-space standards are not met.

Staff told the commission the developer sought extensions under the municipal subdivision regulations (Article 2, Section 2-13) for Phase 3 (24 single-family lots on about 5.95 acres) and Phase 4 (12 single-family lots on about 7.23 acres). Staff said Phase 1 of the subdivision has already expired and that the expiration affects subsequent phases because Phase 1 provided critical infrastructure. Staff recommended denial of the Phase 3 extension because the phase lacks the internal vehicular connection the current subdivision regulations require; staff said Phase 4 contains the infrastructure that is critical to Phase 1 but initially indicated it would be more supportable for extension.

Why it matters: the commission's denials mean the developer's prior design and approvals that relied on vested rights will not carry forward for these phases; staff said the overall subdivision will require a comprehensive redesign.

Discussion points included the subdivision code's 5% open-space standard (not provided in the earlier design), internal connectivity requirements to reduce future traffic issues, and how expired vested-rights for Phase 1 affect the remainder of the project. Staff said the full subdivision originally included roughly "90 some" lots in total under prior approvals but that current conditions and the expiration of earlier phases require reconsideration.

The commission first voted to recommend denial of an extension for Phase 3; a motion to deny passed on a roll-call vote recorded in the minutes. Commissioners recorded as voting yes in the Phase 3 denial included Commissioner Tyler, Commissioner Gilroy, Mayor Carroll, Commissioner Hill, Chairman Landers, Commissioner Heade and Council member Blevins. The commission later considered Phase 4; despite staff comments that Phase 4 contained critical infrastructure and staff would not object to a short extension, the commission voted to deny the Phase 4 vested-rights extension as well. The roll call for the Phase 4 denial recorded affirmative votes from Chairman Landers, Commissioner Reede, Council member Blevins, Commissioner Tyler, Commissioner Wilhoit, Mayor Carroll and Commissioner Peel.

Staff also briefed the commission on a state legislative change to vested-rights law that took effect July 1; staff said the new law affects municipalities and counties and that the city will need to update local code and the process for appeals. Staff suggested working with city legal staff and the municipal code on how appeals related to vested-rights decisions (including possible referral steps involving the Board of Zoning Appeals and the Planning Commission) should be handled.

Next steps: staff and the applicant will need to pursue a comprehensive redesign of the subdivision plan that addresses internal connectivity and open-space requirements before any future vesting requests can be granted.