Council affirms five‑year vested rights extension for Arden Townhomes amid access delay

The Town of Lewisville council voted unanimously to extend vested development rights for the Arden Townhomes project so the developer’s approved site plan will not lapse while access improvements are delayed.

Stacy, a planning staff member, told the council the site‑specific plan for Arden Townhomes was approved in February 2023; the project’s initial two‑year vested period was nearing expiration. Because the property’s access depends on construction of the Great Wagon Road, the developer has not been able to obtain building permits. Under the town’s Unified Development Ordinance and North Carolina law, a vested right can be established for an approved site plan and may be affirmed for a period up to five years.

“Once approved, the vested right remains in effect for a minimum of two years but up to five years,” Stacy said, referencing the UDO and General Statutes. Staff presented an amended resolution that explicitly cites the UDO section and the relevant state statute language and recommended the council reaffirm the vested right for five years so the approved site plan does not sunset.

Council member Mr. Eppen moved to approve Resolution 2025‑0003 to extend the Arden Townhomes vested rights; Dr. Sadler seconded. The council approved the resolution unanimously.

The resolution reaffirms the developer’s right to the approved site plan for up to five years, giving the project time to secure building permits once access via Great Wagon Road is available. Staff noted the ordinance language and state statute provide council discretion to extend the period further if necessary, but no further extension was requested that night.

Council did not attach additional conditions to the extension; the action preserves the approved site plan while the access issue is resolved.