Minority Report: Fenner Road Rezoning Proposal Fails to Gain Unanimous Recommendation

Somerset Reserve Planned Development Looms Over the Swank Annexation

A map showing the Swank Annexation located north of the Edgewater Subdivision south of Fenner Road on Troy’s Southwest Side

On Monday, December 11th, the Community and Economic Development Committee of City Council, consisting of Chairman Jeff Schilling and Council members Samuel Pierce and Lynne Snee met to discuss a number of items.

One of the most interesting items discussed was the Swank annexation at 2980 West Fenner Road. Earlier, the Planning Commission recommended to rezone roughly 53 acres next to the Edgewater subdivision from an Agricultural designation to the city’s R-4 Single Family Residental zoning district.

It’s important to take note that this proposal comes less than one month after the city approved a Planned Development for the Somerset Reserve subdivision, located literally right across State Route 55/West Market Street.

Earlier this year, Somerset Reserve was denied an R-5 Single Family Residential zoning, largely after residents showed up to the required public hearing and stated their concerns with flooding and traffic safety, among others. Council decided at that time, not to go with the R-5 Single Family Residential zoning and rather curiously, approved an A-R, Agricultral-Residential zoning for the property.

The argument at the time was that that the R-5 zoning was just too intense and that the council wanted more involvement in the process; the A-R, Agricultural-Residential zoning was simply a placeholder. Everyone knew the developer would be back and would be asking for a Planned Development since some members of council said that is what they wanted. And at the last City Council meeting, the Planned Development for Somerset Reserve, was approved.

When Can Planned Developments Be Used?

One of the central issues about Somerset Reserve, that is now being discussed with the Swank Annexation is when can the Planned Development zoning regulatoins be used. The City’s own Codified Ordinances breaks it down in Section 1145.01(c):

It is the further intent of this Zoning Code that Planned Development zoning be applied only in situations where conventional zoning is inappropriate or unduly restrictive. In many situations, conventional zoning will fully satisfy the objectives of the City's Comprehensive Plan.

In other words, it was never intent of the city’s zoning code to use the Planned Development designation to a point where it replaces conventional zoning. In the case of Somerset Reserve, it was clear that even when this particular section was addressed in the Planning Commission meeting on October 12th, the answer from city staff was pretty much, “Well, we are taking direction from City Council.” The discussion on Somerset Reserve starts around the 16:00 minute mark.

In other words, the Ordinances that have been adopted by council have less bearing on the planning and zoning process than the particular whims of council.

It should be noted that earlier this month, Council approved the Somerset Reserve Planned Development that would have authorized 189 homes to be built in the subdivision, where the traditional R-5 zoning that was orginially denied, 194 homes would have been authorized.

What Citizens Deserve from their Government

And while describing what happened at Somerset Reserve “whimsical”, may sound harsh, it only becomes that way when we take a look at the committee meeting about the Swank Annexation.

The thirteen minute discussion about the Swank Annexation talks about how this annexation doesn’t have the same level of scruitny that Somerset Reserve had, based solely on the basis that this 53-acre annexation was being deliberated as a conventional zoning designation, whereas the 58-acre Somerset Reserve was being discussed as a Planned Development.

What our citizens deserve most from their local government is consistency. When government cherry-picks the rules it follows, it erodes trust. Moreover, it discourages future investments in our community. If the rules apply to some but not all, they risk being ignored by everyone.

Our community's re-zoning process is clear and should be applied fairly. Zoning and subdivision rules are there for everyone to follow; Planned Developments should be exceptions, not the norm. Somerset Reserve's approval seems to have set a precedent that goes against our ordinances, giving precedence to the city's preferences.

So, where do we go from here? It's fortunate that our city is currently in the process of rewriting the Comprehensive Plan, which will guide our growth and development over the next few decades. The land development and rezoning process should be a significant part of this discussion. Here are some questions we should consider:

1. Should we amend our ordinances to allow for more Planned Developments?

2. What role should our City Council play in approving subdivisions under both traditional zoning and Planned Development amendments?

3. Should the Planning Commission's role change in how they make recommendations to City Council?

While some of these questions are answered by the Ohio Revised Code, as Troy is a statutory community, addressing them will help our community rebuild trust in our local government.

In the end, the Community and Economic Development Committee recommended by a 2 to 1 vote to recommend approval of the R-4 Single Family Residential Zoning for the Swank Annexation. Mr. Schilling did not recommend approval and will be filing a minority report for the City Council to consider at their next full meeting on December 18th.

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