In a 4-3 vote Thursday, council approved a request by Clayton Properties Group Inc., dba Arbor Homes, to rezone a 42.99-acre plot of vacant land at the southeast corner of Phillipsburg-Union Road and Haber Road, west of the Irongate Estates subdivision, from Rural Conservation District to Planned Development District, along with a preliminary development plan.
Arbor Homes will now complete a final development plan, a process which includes the completion of traffic impact, geotechnical, and storm water studies. The plan will be submitted to the city for review, with an opportunity to make adjustments based on staff feedback, before final submission to the planning commission.
The planning commission will then conduct a public meeting before making a recommendation to council for approval or denial of the plan. City council will subsequently hold another public meeting before making a final decision.
Prior to Thursday’s vote, residents in attendance expressed their opposition, with many citing the area’s rural feel as being one of its best characteristics.
“The idea of a rural community is that it stays rural,” said Anna von Fahnestock, adding that she feels there is a disconnect between the city’s residents and its government. “I will tell you what’s great for me; don’t assume and make these accusations of what you deem appropriate when you haven’t even knocked on our door.”
Credit: JIM NOELKER
Credit: JIM NOELKER
Von Fahnestock’s mother Gloria also spoke Thursday.
“You represent us and, politics aside, you’ve got to do what your constituents want,” she said. “We’re asking you to protect us, protect our interests and what we want.”
Several speakers cited what some called a “promise” made to residents nearly 30 years ago that no development would occur north of US 40.
“I know it was a long time ago, but it was agreed upon that anything north of 40 wouldn’t be touched and I just respectfully ask that you keep that promise and let folks in that area stay rural,” said Union resident Mark Alsobrooks, who lives in the Irongate Estates subdivision in a home that borders the plot of land in question.
Clayton was officially incorporated as a city in 1998 after the jurisdictions of Randolph Twp. and the former village of Clayton were merged. Leading up to this, it’s believed that during town hall meeting discussions between elected officials and the public, an informal agreement was made to prohibit development north of US 40 in exchange for voter approval of the merger.
But according to City Manager Jack Kuntz, this agreement was never made official.
“From a staff level and as someone who was not there during that time period, it appears as if these were simply discussions between the general public and elected officials almost 30 years ago,” Kuntz said in an email Friday, adding that the final merger report never included that promise and no legislation has ever been passed by council prohibiting such development.
Regardless of its legality, many residents feel the informal agreement should still hold merit.
“You’re doing technicality versus integrity,” said Nicole Alsobrooks, resident of Union’s Irongate neighborhood. “There’s an integrity issue here if you promised your residents that it was not going to be developed and now it’s being (considered).”
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