Another settlement with a developer recently reached by Jerome Township officials was met with opposition from area residents.
In a split vote, the Board of Trustees approved a consent decree that will allow for the rezoning and construction of a 100-home development on U.S. 42 known as Curry Farm.
The lawsuit filed against Jerome Township by Harold and Vivian Curry and AMH Development, the landowners and developers of Curry Farm, was styled similarly to a lawsuit filed in July 2021 by a group of stakeholders whose residential developments were stalled by referendums.
Lisa Farnholtz, a U.S. 42 resident, asked during a public hearing Thursday why the referendum process exists, if election results are likely to be negated by lawsuits.
“Even when there’s a majority voting these developers down, the developer still wins,” she said.
Like the Homestead at Scotts Farm, Rolling Meadows, the Farm at Indian Run and Jerome Village Neighborhood 10 (VN-10), the development of Curry Farm was delayed by a referendum. The election results spurred lawsuits and, ultimately, settlements that allowed the developments to move forward.
The Board of Trustees approved the rezoning of 50.67 acres of land along U.S. 42 from Rural Residential District to Planned Development District in October 2021, which would have paved the way for the Curry Farm development.
The rezoning was struck down by residents after initiating a petition to referendum the trustees’ decision.
The plaintiffs then filed a lawsuit on Jan. 18, claiming that the township misused the referendum process, as the planned development complied with the Jerome Township zoning resolution and comprehensive plan.
“Plaintiffs alleged that through an arbitrary, capricious, unreasonable and unconstitutional scheme, a few organized and vocal individuals in the township have hijacked the zoning process to stop new homes from being built purportedly to keep the township ‘rural,’ but in reality, want to permanently relegate undeveloped land as open space,” according to the agreement.
As a result of the agreement approved Thursday, the land is rezoned to Planned Development District and revised final development plan is approved.
Changes to the original plan revolve around increased buffering between Curry Farm and existing neighbors.
The landscape buffering on U.S. 42 “shall consist of nine to 10 evergreen trees and four deciduous trees per 100 feet, planted in a staggered fashion,” according to the agreement.
However, if the Ohio Department of Transportation exercises eminent domain which results in the removal of the landscape buffer, the plaintiffs will not be required to provide the full 50-foot setback.
Additionally, the previously approved 3- to 5-foot high mound buffering along U.S. 42 must now also include 4-foot wooden fencing consistent with that approved for the Pioneer Crossing development, also on U.S. 42.
Also as a result of the consent decree, the plaintiffs will make a one-time, $22,500 donation to the township for parks and bike path improvements. The payment will be due at the time zoning clearance is issued for phase one of the development.
Each party agreed to cover its own attorney fees.
Trustees Megan Sloat and Wezlynn Davis voted in favor of the consent decree, while Barry Adler dissented.
Farnholtz emphasized that the residents of Jerome Township voted for two new trustees – Adler and Davis – after the previous board approved a consent decree for the July 2021 lawsuit through which land was rezoned, preliminary developments were approved and plaintiffs received compensatory payments.
Davis told Farnholtz that she was “very sympathetic” to the residents’ feelings toward development but felt her hands were tied.
“There isn’t really a way that I can say it other than, I know if I was to vote in any other way, I’m not confident that it would do anything but harm the township,” Davis said.
She noted that the current comprehensive plan and zoning resolutions are “something that we inherited.”
Davis also questioned why Adler, who she said “has been a leader in these referendums over the years” and “worked very, very hard to put together the negotiating items that were brought to the consent decree,” voted in opposition to the settlement.
“I was under the impression that he felt confident in this direction and, therefore, I felt confident in the decision I’m making tonight,” Davis said.
Adler did not offer any comments during the meeting.
After the public hearing was closed, a resident who did not share his name asked Sloat why she voted against the consent decree involving the stakeholders for the Homestead at Scotts Farm, Rolling Meadows, the Farm at Indian Run and Jerome Village Neighborhood 10 (VN-10) in December 2021, but voted in favor of this settlement.
“That’s the reason I voted for you,” he said from the audience.
Sloat did not offer a response, adding that the public hearing was closed and those in attendance were given an opportunity to speak earlier.
Farnholtz urged the trustees to consider their residents when they consider settlements with developers.
“You really need to decide whether you want to care about us neighbors,” she told the trustees.