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Draft Plan Development Overlay contains a clause staff says contradicts purpose; commission asks PEC to clarify
Summary
Staff said a sentence in the draft PDO (section 2a) effectively prevents PDOs from functioning, calling it likely clerical; commissioners asked staff to invite PEC (the drafting consultants) to explain the language before placing the PDO on a public hearing agenda.
The commission examined a draft Plan Development Overlay (PDO) intended to provide flexibility for mixed‑use or atypical developments. Dustin Belton read the PDO purpose and highlighted a line in section 2a that says a PDO "shall not allow any use prohibited within the base district," which he said ‘‘kills what the PDO section is all about’’ because it prevents the overlay from superseding base‑district restrictions.
Commissioners asked for concrete examples; Belton cited a property owner who wants to run a showroom in an R‑1 area and then sell the property as a house later. Under the clause as written the PDO cannot enable that flexible use. Staff characterized the sentence as a clerical or typographical error and recommended removing it so PDOs can function as intended. The commission directed staff to consult PEC (the engineering/consultant team) and return with corrected language before taking the PDO to public hearing.
