[Publisher’s note: Since Chelsea Update recently began covering Sylvan Township and this zoning issue dates back several years, a brief history of this issue is included in this story to assist readers with their understanding.]
By a 3-2 vote during a special meeting of the Sylvan Township Board on March 16, planning consultants Carlisle Wortman and Associates will be asked to provide the Township Board with a proposal that includes the costs involved for creating an Open Space Preservation Development Option (OSPO) ordinance.
The motion included utilizing a revised version of this ordinance, which was written by Township Supervisor David Brooks and resident Patrick Zieske; removing typos from what was submitted in this revised version; adding provisions for water and wastewater, and evaluating its potential effectiveness.
Once approved by the Township Board, this document would then be forwarded to the township attorney Robert Thall for legal review.
Brooks and Trustees Kurt Koseck and Sandi Schulze voted in favor of the action and Treasurer Rod Branham and Clerk Kathleen Kennedy voted against it.
This successful motion followed two failed attempts during which Koseck was the swing vote against those motions.
When asked Wednesday why he changed his vote, Koseck said updating this ordinance has been a long process and “after the Planning Commission worked on this and sent it to the Township Board in September, we discussed giving it further evaluation and that didn’t happen. This has been going on for six months and (based on the previous two motions that failed) it was going nowhere. This was a way to move it forward.”
He said it’s hoped that the board will be provided with a proposal from the consultants at the next board meeting, which will include the costs associated with the scope of work requested and further discussion.
Amendments to the township’s Zoning Ordinance to allow open space preservation are required under state law and the township’s ordinance needs to be updated to be brought into compliance.
However, what those exact changes would include has been an almost 2-year process.
Below is a little history.
While the Planning Commission was working on revising this ordinance, a request for a zoning text change to include an open space preservation development option was submitted by Zieske.
He wants to develop a 20-acre piece of property on Conway Road and preserve open space on the land by clustering homes in one section while still allowing portions of the land to be left for natural or other uses such as farming. In addition, he wants to be allowed to include housing density that is larger than is currently allowed in the ordinance.
Changes to the Sylvan Township Zoning Ordinance Open Space Ordinance were approved by the Township Planning Commission last summer following a public hearing during which there were numerous public comments for and against it. This second version was sent to the Township Board in September for approval.
At that time, the board discussed the amendments and a majority of them decided the wording needed further research and investigation.
Following the November election, a new board was elected, and the ordinance languished until earlier this month when Brooks put a new (third) version on the agenda for a vote – a version that had not been previously approved by the Planning Commission.
This third version was reviewed by the township attorney, who noted about 20 items had been changed from the one the Planning Commission approved last year.
These changes ranged in scope from typos to changes in lot sizes and set backs as well as the percentage of bonus density that would be allowed as incentives to developers.
So, the board called a special meeting on March 16 to further discuss the new version.
And, at this March 16 meeting, there were also numerous public comments.
Some speakers were in favor of the ordinance, saying:
- it offers the maximum flexibility in site design
- a viable incentive bonus would encourage more developers to use it.
- they liked the picture of this — a farm with buildings clustered together with open space all around them.
- There’s a need for affordable housing in the area
- Preserve as much open space in the township as possible
Those opposed were concerned about:
- the optics of how this new version was written
- questioned the need for more high density housing in the township using the Westchester Farms development as an example of smaller lot sizes and lots of houses.
- the township should do the minimum required by law to meet the state mandate
- questioned the need for residents to pay for both a consultant to craft the ordinance and then pay to have the township attorney review it to determine its legality.
- This action is disingenuous to the Planning Commission that worked hard on the version that was sent to the Township Board for review
- What public benefit does this provide to all residents of the township?
Among the thoughts from board members were:
- concerns by whom and how this new version was written and submitted to the Township Board.
- the changes in bonus density that increased from 10 percent in the previous version to 30 percent
- whether the township should make major changes when it is in the midst of a lawsuit regarding another piece of property in the township
- should these changes be considered major and be sent back to the Planning Commission first?
- this ordinance would add another tool in the township’s toolbox for future development
- a planning consultant is best at making policy, an attorney looks at legalities.
- clustering homes in one area and not scattering them around with long driveways leads to preserving more open space.
- saves on infrastructure costs
- by providing adequate incentives, landowners would be more willing to consider using it.
Further discussion and action is expected to take place at the next regular township board meeting on Tuesday, April 6.
