Stage one plans for a 575-unit residential development between Moock Road and I-471 at Fox Chase Drive are heading to the Southgate City Council later this month.
This comes after the stage one plans requested by Grand Communities LLC, managed by Fischer Land Development LLC, were approved by the Campbell County Planning and Zoning Commission on Nov. 14—which was widely attended by Southgate residents opposing the project. The Southgate City Council discussed the ordinance schedule and what type of review they would have during those meetings on Wednesday.
The first reading to accept or deny the findings of the Campbell County Planning and Zoning Commission will occur on Wednesday, Jan. 17. The second reading of the ordinance will occur on Wednesday, Feb. 7.
Southgate City Attorney Mary Ann Stewart explained to the council that there are three ways they can review the findings of the planning commission that meet due process. They can strictly view the administrative record complied from the Nov. 14 public hearing and accept no further comments from the public or developer, hold their own evidentiary hearing, or do a hybrid of the two.
The council decided they will hold a hybrid-style review on Jan 17.
The hybrid review of the administrative record, Stewart said, is an argumentative style that will allow the developer to make arguments, answer questions, and allow public comment.
The administrative record that the council will review before the Jan. 17 meeting consists of a full transcript of the evidentiary hearing, their meeting minutes, findings, and recommendations. It will also include the opinions of the residents who spoke at the meeting.
“You can’t consider new evidence from anyone, even members of the public,” Stewart said. “So if somebody from the public comes to you and says, ‘I’ve gathered a petition, and I have a petition of 100 names against this.’ You can’t accept that petition because that would be outside the administrative record, and even their comments should be limited to considerations within that administrative record.”
The council needs a majority vote to override the planning commission’s recommendation. Southgate Mayor Jim Hamberg will not be a voting member because he is not part of the legislative body. Should the council choose to override the recommendation, Stewart said it must make findings of fact independently from the planning commission based upon the administrative record.
No other matter may be presented in this decision, including traffic studies, financing or any item relating to stage two. Stewart said that the council will act similarly to a court of appeals in that they look at the record from the body that complied the evidence rather than holding a new hearing.
Southgate Council Member Mark Messmer asked Stewart Wednesday how they can do right by representing citizens’ opinions.
“Hypothetically, because I wasn’t at that meeting, I heard that there were quite a few people that were opposing the project, but that’s just all hearsay,” Messmer said. “How is it that a council member who wants to do right by the citizens can make a decision, ‘Yay, I like the project,’ or B, my citizens, they’re telling me, ‘No, they don’t like the project?’”
Stewart said this would not be a legislative decision like parking; it’s a quasi-judicial decision.
“Citizens—a 100 of them could come to the meeting and voice their opinion, but really, unless there’s something factual that has changed, we don’t have a basis to override it,” Messmer said. “Their opinion isn’t enough to override is what you’re saying.”
Citizen opinion is not the standard, Stewart said. The standard that the council will base its findings on will be outlined in the record. Stewart said the standards include things like whether the zone change conforms with the comprehensive plan, whether an economic change warrants a zone change, and whether the property is incapable of being developed.
Hamberg made comments on Wednesday to the council that he said was not to sway them one way or another but were things they should consider.
“Tonight, we’re talking about $780,000 (in road improvements) and $1.3 million in expense for the city,” he said. “We’re not going to be able to afford much more things like that going forward. Just to let you know, sitting in this chair, it’s very difficult to try to determine the year over year for budget.”
The last four to five years, Hamberg said, have been very difficult. The city needs new streets, new police and city vehicles, etc., he said, and to afford those things, they also need new development.
The tax benefits that come with the approval of the development plans are $46 million over 40 years to Southgate. The site is estimated to be a $120 million-plus development.
“Without a strong business base, the only way Southgate can increase its tax base, as current property values continue to rise, is through development or increased economic growth through business development, which we currently don’t have,” Hamberg said.
