It’s back to the drawing board for developer Tim Birtsas’ Deer Lake project.
Independence Township Board voted 5-2 to deny a rezoning request on part of the Rose property on Dixie Highway from R1C, suburban farm residential, to R1A, single family residential. The rezoning would have allowed lots to shrink, from 1.5 acres to 15,000 square feet.
About 15 residents from the Deer Lake Home Owners Association attended the Sept. 16 board meeting to oppose the project. Supervisor Dave Wagner and Trustee Charles Dunn voted in favor.
Birtsas developed the plan as a Planned Rezoning Overlay instead of the more traditional Planned Unit Development.
According to the plan, the developer would limit houses to 30, which was reasonable, said township planning consultant Dick Carlisle.
Attorney Greg Need, spokesman for DLHOA, said rezoning for 30 units would not enhance the area. Need provided maps showing how dense the 30 units look compared to surrounding areas, which is one of the main reasons Trustee Dan Kelly voted against the proposal.
“I think the most telling thing were the diagrams presented to us that show the lot sizes,? said Kelly. ‘The developer was basically asking for 30 lots on that area. Any way you wedged them in there, there’s no question it was going to look significantly different than any of the properties around it.?
Wagner said it was a good plan.
“I believe it’s the right thing to do. I believe something’s going to be built on it. We have to rely on our planner of 27 years and our planning commissioners who are all full of experts and not let politics interfere. I think we could have cut it back to 29 or 28, but even at that, the people on the lake only wanted 14, and that’s not reasonable,? said Wagner.
‘Transitionally, I think it was an excellent plan. Are the lots smaller? Yes, they’re a lot smaller, but could it be worse? Yes, it could.?
If the board proceeds with the PRO, more demands should be put on developers, including enforcement of Phase II storm water regulations, maintenance of wetlands, and greater restrictions on docking of boats, Need said.
Trustee Charles Dunn, who is an environmental attorney, said the county regulates storm water and the township has strict requirements on wetlands. The township’s “keyholing” ordinance limits docking of boats.
“We are not a planning commission board,? he said. ‘These details with respect to keyholing, wetlands and storm water are issues properly in front of the planning commission and not to be decided by us in a vacuum. I think that’s possibly what’s happening here.?
Trustee Larry Rosso, planning commission liaison, voted yes as a planner but no as trustee. He said he changed his viewpoint from a legality issue to a usage issue.
“The property has never been developed ? you have to deal with surrounding neighborhoods. That is a greater priority,? said Rosso. ‘I just changed the priority from consent judgment to the usability and the compatibility of the present property, and also the environmental concerns.?
Deer Lake resident Eugene English saw the denial as a victory for DLHOA, as well as an ‘environmental savings.?
“That residential piece of property should match the surrounding area because of the impact that it could have on the lake,? he said.
English said it lets developers know residents of Deer Lake are watching and they’re not just going to let something pass that doesn’t match surrounding areas, which is why they have legal representation.
“I am glad it happened (the vote) the way it did, but that doesn’t stop anybody from coming out and trying anything with the next board,? he said. ‘It’s not the end of the issue by any means. We’ll pledge to continue to fight.?