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Archer Lodge presentation explains conditional rezoning: two tracks, modification rules and a two-year reversion clause
Summary
Staff told the planning board conditional rezoning replaces the plan development procedure. The package defines limited and unlimited tracks, sets modification rules (minor vs. major), and includes a reversion process if no building permit is filed within two years.
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Chad, a staff member presenting the UDO edits, told the board that the plan development procedure will be replaced by a conditional rezoning framework to provide greater clarity and flexibility. "There are two flavors of conditional rezoning," he said, describing a "limited" option where an applicant voluntarily constrains uses to gain neighborhood support and an "unlimited" option where an applicant seeks deviations from standards and must justify why the proposed plan yields a higher-quality outcome.
Under the proposed procedure, the planning board makes a recommendation and town council issues the final decision on rezonings. Chad explained how modifications to approvals are categorized: minor modifications (boundary adjustments, internal road revisions, relocation of driveways) may be handled administratively by town staff; anything beyond that must proceed as a full rezoning. He also described a reversion provision: "the town reserves the right to go in and initiate reversion of that conditional zoning approval if there's no building permit applied for within two years of the approval." This provides a mechanism for the town to address speculative rezonings that never move to construction.
The board discussed the balance between flexibility for applicants and enforceability of conditions; members asked for clarifying language on enforceability and the limits of allowable deviations. Staff indicated the proposed text includes limits on what standards may be reduced (for example, watershed and subdivision regulations remain mandatory).
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