Jerome Township staff is working with developers to ensure zoning regulations are met.
During Tuesday’s township trustees meeting, Zoning Inspector Eric Snowden discussed an administrative, zoning issue that “has been brewing for the last several months.”
He said there is currently confusion as to what setbacks apply within the New California Planned Development District, commonly known as the New California Hills and Woods neighborhoods.
The neighborhoods, which are mostly single-family homes, began development in the 1970s.
Parts of the site were acquired by Evergreen Land Company in 1993 and additional phases have been developed since then. There is currently one additional phase under development.
Snowden said the regulation text for the New California Planned Development District lacks specifics as to the required setbacks for buildings and includes provisions unrelated to zoning regulations. There are also setbacks indicated on the plat that are not enforceable as zoning regulations.
He said the original intent of the developer was that the setbacks shown on plats would match those in the regulation text.
However, due to changes in the zoning resolution and state law over time, Snowden said the setbacks have essential “diverged into two regulations.”
Snowden said the setbacks imposed by the development’s zoning plan are sometimes more or less stringent than those required by township’s zoning resolution, depending on the plat.
For the time being, he said he can only issue zoning certificates for those that meet the general requirement of the township zoning resolution.
To alleviate the situation, Snowden recommended trustees approve a revised regulation text for certain portions of the development.
To do so, he presented trustees with two resolutions.
He said the first was simply administrative as it would assign a case number to two zoning amendments from the 1970s.
The second, he said, would initiate the zoning amendment. Approval by the trustees would give Snowden a directive to refer the amendment to the Logan-Union-Champaign Regional Planning Commission for review. He would also schedule a hearing by the Zoning Commission.
If passed tonight, Snowden said the fastest the zoning amendment could be approved would likely be June.
Faye Cox, an attorney for the developers, said the township needs to look for other, quicker solutions.
She said several lots have been sold and delaying zoning certificates during building season could result in financial losses for or litigation against Evergreen Land Company.
If the company is sued, she said it will bring litigation against Jerome Township.
Allen Shepherd, the property owner, said he was extremely concerned about the potential financial losses this could cause for his company.
“This is a threat to my existence,” he told township officials.
Shepherd asked Snowden repeatedly how else the problem could be resolved. He said he wants his properties to abide by the township zoning resolution but asked if there could be a “waiver” until the process is completed.
Snowden said there is no remedy in a zoning resolution called a waiver. Non-enforcement is a potential option, but he said he needed to consult with township legal counsel before feeling comfortable with doing so.
Shepherd asked if variances for the properties would be viable, but Snowden said variances must be for lots that are contiguous, or only separated by the public right-of-way.
Although it would require multiple variances, Shepherd said he felt that may be the quicker solution because they would only need to be approved by the Board of Zoning Appeals. He asked if trustees would be willing to waive variance application fees.
Ultimately, trustees voted unanimously to: consult with legal counsel regarding non-enforcement; waive variance fees for properties that Shepherd is the property owner or agent; approve the resolution that would assign case numbers to amendments from the 1970s; and approve the resolution to initiate amendments to the zoning map.
In other business:
– Council discussed the potential for livestreaming trustees meeting, especially during the COVID-19 crisis.
Fire Chief and Director of Departments Douglas Stewart said the township currently has the ability to livestream on Facebook. However, there is a challenge with storing the videos and posting them to the township website.
He said the township is working to get a quote to install cameras and audio equipment and ensure there is adequate security on the streaming platform.
The main concern, Stewart said, is making sure “we do it right the first time and have a plan in place moving forward.”