After months of legal wrangling, a court agreement could approve four contentious residential developments in Jerome Township.
As part of a draft consent decree approved by the Board of Trustees, the properties affiliated with the Homestead at Scotts Farm, Rolling Meadows, the Farm at Indian Run and Jerome Village Neighborhood 10 (VN-10) would be rezoned to Planned Development Districts.
The preliminary development plans for each of the neighborhoods would be approved “without referendum or appeal,” according to the consent decree.
Properties for each of the four developments were rezoned to Planned Development Districts (PD) from Rural Residential Districts (RU) by the Board of Trustees.
In separate referendum elections, the trustees’ rezoning decisions were struck down by residents and the land reverted to RU.
However, the Ohio Revised Code allows townships to overrule the decision of a referendum election through a court-approved agreement.
The ORC states that a township may settle court action through a consent decree “which may include an agreement to rezone any property involved in the action as provided in the decree… and may also include township approval of a development plan for any property involved in the action,” according to Section 505.07.
This section of code does not allow for residents to file a petition, though it does require the Board of Trustees to hold a public hearing and allow members of the public “to express their objections to the consent decree.”
Along with approval of their developments, stakeholders for three of the properties would receive financial compensation from the township for the delays.
The Scotts Farm plaintiffs would be paid $25,000; Wicked Chicken, LLC would receive $25,000 and the Rolling Meadows plaintiffs would be paid $200,000.
Jerome Village Company, LLC would instead pay the township, in accordance with the Jerome Village Detailed Development Plan.
According to the consent decree, the Jerome Village Expansion Area, which includes “all real property currently owned or hereafter acquired by the developer that is within the boundaries of the Eversole Run Master Sewer District located within the township,” will be subject to a community fee of $200 per single family unit; $100 per multi-family unit and $0.25 per square foot of commercial, industrial, warehouse, office or institutional space.
Jerome Village Company, LLC will also make a one-time cash contribution of $400,000 to be paid on or before Jan. 31, 2022. Beginning in January 2023, an annual cash contribution of $125,000 will be paid before Jan. 31 each year through 2032.
The company will also pay the township an additional $1 million for the construction of a firehouse and equipment for the department.
Jerome Township Division of Fire Chief Douglas Stewart said Jerome Village Company, LLC committed $5.5 million for the construction of a second firehouse – commonly referred to as Station 211 – during initial negotiations in 2010 and 2011.
The figure included in the consent decree is an additional $1 million that will go toward Station 211, Stewart explained.
“They realize that $5.5 million does not go as far as it did then,” he said.
The consent decree also lays out an agreement to increase the number of businesses within the Joint Economic Development District (JEDD) between Jerome Township and the City of Marysville.
According to the agreement, the township will “take all steps necessary to add all land within the township hereafter put to a commercial use” to the existing JEDD or create a new JEDD.
Jerome Village Company, LLC will obtain a petition from the owners of any business operating on the Fry Property (163.568 acres on the northwest side of U.S. 42 between Harriot Road and Wells Road) and the Amended Jerome Village Development Plan that acknowledges their consent to the JEDD, according to the consent decree.
The terms laid out in the consent decree follow months of negotiation surrounding a lawsuit filed July 23.
Property owners and developers filed a civil lawsuit against the township in federal court claiming the township misused the referendum process to delay and ultimately block plaintiffs from developing their residential communities.
If approved, the consent decree would result in the case being dismissed with prejudice. All parties would cover their own attorney’s fees.
Though “all parties explicitly deny any and all liability to each other,” according to the agreement, the consent decree ultimately grants the plaintiffs several of their demands from the initial lawsuit.
The properties in question would be rezoned, preliminary development plans would be approved and several plaintiffs would receive monetary compensation for the delays, though the figures are not as large as initially claimed.
If the consent decree is approved, approximately 139.34 acres on the south side of Brock Road will be rezoned as PD for the development of 248 single-family homes, called The Homestead at Scotts Farm.
The Rolling Meadows residential development would include 242 single-family homes on 121.16 acres of land on Industrial Parkway, rezoned to PD.
VN-10, within the Jerome Village development, would be constructed on 69.59 acres of land on the south side of Blaney Road, rezoned to PD. The neighborhood will consist of 149 single-family homes.
The Farm at Indian Run would include 40 single-family homes on 24.73 acres of land on the south side of McKitrick Road, rezoned to PD.
In a special meeting Nov. 30, the trustees voted 2-1 to accept a draft of the consent decree, made public Monday. Trustee Chair Megan Sloat dissented.
Sloat said Monday that she does “not have any comments at this time,” surrounding the agreement. Craft and Lovejoy did not immediately respond to requests for comments.
A public hearing regarding the consent decree will be held at 7 p.m. Dec. 20 in the Township Hall, 9777 Industrial Parkway, Plain City.