Remember two years ago? A developer wanted to build 90 homes on vacant farmland on East Pioneer Trail. One problem though, the zoning only allowed 30 homes. So the city voted on the rezoning. It was overwhelmingly defeated, about 89% voted no.
Now it looks like the city will settle out of court. They will allow 78 homes, 40+ more than the zoning permits. This is the same legal procedure that allows extra homes to be built on the Alexander property on Rt 82.
In essence, council is looking for a court-ordered settlement to a conflict between the zoning code and the Master Plan regarding the Beljon property. The settlement would allow 78 units of residential development on 30 acres, with 40 acres preserved as riparian buffer zone. The land would be outside of current zoning (just subject to the court agreement).
The city feels that this is the best the city can do. Although the 1997 Master Plan was intended as a guideline to development, through our charter, it became a rule for development instead. Unfortunately, the zoning proposed in the Master Plan conflicts with other zoning codes the city has established. If understood correctly, this is the core of Beljon’s court case —- if the city is unclear about what the zoning is, then they can pick whichever zoning suits them. McGill & the attorneys working for the city say the Beljons have a very strong case. If the Beljons went to court and won, the city would be liable for 10 years’ worth of lost income (which is part of why the city would prefer a court settlement over a court case).
So it seems that zoning in Aurora is meaningless. All someone has to do is go to court and wave damages at the city.
Wonderful, now they’ll probably want to raise the speed limit on East Pioneer too!
So the citizens get screwed either way.
How often does the city settle vs. going to court?
This isn’t the first time the city has run from a zoning case with its tail between its legs. I am sure it won’t be the last…
This case and all others are not about preserving the integrity of Aurora Zoning Code, it is all about the money.
Which is more responsible for the citizens of Aurora; paying less in legal fees and settlements costs or taking a stand to defend the zoning code?
If you can answer that question, please consider running for Mayor.
Once again, Aurora, (edited by olive for civility,) compliments of your local gov!
I don’t think that the city government wants to “do” anything to the citizens.
However, communication about this issue has been poor. Now an agreement has been reached, and needs to be approved or endorsed by council.
Other people in the land development business are suprised how easily Aurora conceeded. Unless there is much more to the Beljon arguments.
Ohio law was challenged last year in the Jaylin v Moreland Hills case and the Ohio Supreme Court upheld a cities right to zoning. This was said to be an important test of the Ohio Zoning Laws.
Take a look at this Plain Dealer article This should make our zoning issue clearer. We are not the only city facing these issues.
That said, every city is running scared because of a Mayfield Hts case several years ago where the developer won and got something like 3 million dollars from the city.
I hope that the city will communicate why this case is being settled. And why it would not be appealed.
In my opinion this sort of issue is exactly why Aurora is so apathetic. A large majority of residents did not want this property rezoned. During the vote last year the developer said the election was just a formality. I’ll take it to court and the city will give in, he said. Everyone knew this court case would happen and expected as a result of the election that the city would defend its’ zoning laws.
Also, much city and school planning is done around the “build out ” numbers. But with this development and rezoning of city owned land on Treat Rd. The final numbers are sure to be much higher than what is planned for.
Why bother to get involved, and vote, when elected officials give in so quickly.
If there are more details the public should know , please inform the citizens of Aurora.