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Norton council approves amended rezoning for Reimer Road with reversion clause after resident objections

3192797 · May 5, 2025
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Summary

After public comment and council discussion about lot sizes and developer contingency, Norton City Council adopted an amended ordinance rezoning three parcels on Reimer Road to an R3 RPC district and added language to revert zoning if the developer fails to proceed.

Norton City Council on Monday adopted an amended ordinance rezoning three parcels on Reimer Road to an R3 RPC (Residential Planned Cluster) district while adding a provision that would revert the land to its previous RU‑1 zoning if the developer withdraws.

The vote followed public comment from resident Rebecca Kuzmic, who told the council she had surveyed nearby subdivisions and found the proposed lots on Reimer Road were substantially smaller than lots in Brentwood and Norton Acres. "55% of the lots are under 2 tenths of an acre," Kuzmic said, arguing the plan resembles Brookside Greens and not the city's larger‑lot neighborhoods.

Council members debated protections for neighbors before voting. Council President (presiding) said the council would amend Ordinance No. 30‑7‑25 to "add a level of protection" so that "if this zoning change happens, and the developer falls through, it protects that property" by reverting it to its prior zoning.

Supporters said the amendment addresses residents' concern that rezoning would stand even if the named developer did not purchase the land. Kuzmic had noted the applicant, Contract Consultants Incorporated, is not the landowner and warned rezoning could enable a future owner to pursue different uses.

After the amended language was offered and seconded, the council adopted Amended Ordinance No. 30‑7‑25 by roll call. The clerk recorded a majority vote in favor with one dissenting vote (roll call: Yes — Mr. DeHarphart, Mr. Lukens, Ms. Lee, Mr. Adler, Mr. Mowery, Mr. Harbert; No — Mr. Towsley). The ordinance rezones permanent parcel numbers 4607487, 4608900, 4604611 from RU‑1 to R3 RPC.

Why it matters: Rezoning changes allowable housing types and densities; council added the reversion clause to limit long‑term change if the current developer does not follow through. That clause was the key concession that persuaded a majority of council members to approve the amendment.

Background and next steps: The plan previously had been rejected by the Planning Commission on March 11. Contract Consultants returned with the same preliminary plan and labeled it a "planned cluster residence district"; residents and at least one councilmember said the proposal does not match typical cluster development with shared open space. The adopted amendment does not change the submitted plat sizes; it conditions the zoning on the developer proceeding. Any future site‑specific plan or building permits will follow the standard review process and applicable city requirements.

The council's action changes only the zoning designation and includes the new reversion language; no building permits or development agreements were approved at the May 5 meeting.