A decision to rezone land for an age-restricted community of patio homes split the Jerome Township Trustees between whether it will allow for more dense residential developments in the future.
“As far as this decision tonight setting a precedent, that is not accurate at all… this is not a precedent setting decision,” said Trustee Megan Sloat.
The Board of Trustees voted 2-1 to approve the rezoning of 33.08 acres of land on Ryan Parkway, between Hyland-Croy Road and Black Oak Drive, from Rural Residential District to Planned Development District. Trustee Barry Adler dissented.
Epcon Communities intends to construct 94 single-family, patio homes on the land in a community called the Courtyards at Ryan Parkway.
Despite his fellow trustees’ assurances, Adler worried that approving a development with a density of 2.84 units per acre, which exceeds the Comprehensive Plan’s recommendations, could make it difficult to reject other plans in the future.
The township’s Comprehensive Plan maps the property as a “Conservation Development Area,” which are recommended to have a density between 1-2 units per acre and 40% green space.
Sloat noted that the Courtyards at Ryan Parkway will meet the green space requirement.
Although the density is higher than recommended, she said she feels “this development is a good fit for that particular site.”
Surrounding neighborhoods have densities higher than 2.84 because they are part of larger developments, like Jerome Village, with areas of open space elsewhere that balance out the overall density.
“(The Courtyards at Ryan Parkway) functions as a transitional land use in terms of density,” Sloat said.
Trustee Chair Wezlynn Davis added that the Comprehensive Plan is simply a guide, whereas the zoning resolution is the law.
Even so, Adler shared a number of concerns with the Courtyards at Ryan Parkway regarding its compliance with the zoning resolution.
He estimated that eight acres of woodlands will be bulldozed in the process of creating the development. While he said he understands the distinction between pure preservation and a Conservation Development District, he said it should still “strive to preserve natural features.”
Beyond that, Adler agreed that a community restricted to only residents who are 55 or older would have a lesser impact on schools by bringing less students to the area.
He also agreed that private ownership of roads in the development will be a smaller burden on the township.
Still, he said the neighborhood will impact fire, police and EMS services provided by the township, and add approximately 564 trips a day to existing traffic conditions, according to estimates from Epcon Communities.
He said he is not sure that property taxes generated by the development, which officials from Epcon Communities said will have “high value homes” that will sell for prices in the $600,000s, will cover its impact on public services.
Sloat refuted many of Adler’s points, noting that “any planned development will have some kind of an impact,” but she does not feel that of the Courtyards at Ryan Parkway will be “adverse.”
Sloat said she felt the developers presented a “thorough evaluation of existing trees” and will work to preserve woodlands that offer diversity and plant new trees.
She told Adler that property taxes generated by any development will not cover their impacts on public safety, but the township has other sources of revenue to be considered.
She said she does not feel the neighborhood will have an adverse effect on governmental services, like fire and police coverage, or create “unreasonable traffic congestion.”
Davis agreed with Sloat’s comments, adding that her “biggest concern is the schools.”
She said she appreciated that a development with homes that will be age-restricted to those who are 55 and older will generate less students than an alternative, single-family development likely would.
Zoning Inspector Eric Snowden said legal counsel for the township advised that the age restriction should not be included in the zoning text since the township cannot actually enforce it or “ask for residents’ birth certificates.” He said the developer will likely include the age limits in the deed restrictions.
Adler worried that “we cannot enforce” the purported age restrictions, but Davis said she is confident the developers will stay true to their word.
Davis also noted that developers significantly increased buffering to create a lesser impact on neighbors with existing homes.
Ultimately, she said she feels the Courtyards at Ryan Parkway is a better option than what could be developed on the land otherwise.
“I also think about, if this didn’t go through, what could it be?” Davis said.
Sloat said she felt it was important to consider the application against the zoning resolution holistically, not solely on discrepancies between it and the Comprehensive Plan.
She said approval of the Courtyards at Ryan Parkway would not preclude the trustees from rejecting an application in the future because every application is considered individually.
“That’s exactly why we should not compare this to the alternative,” Adler said.