Everyone is aware of the overdevelopment going on at Green Gables at the southeast corner of Jewell and Wadsworth.  Located outside the city limits in unincorporated Jefferson County, a developer is building some 600 homes, apartments and a shopping center.  Just to the east of the Green Gables site, within the city limits, is the former Ward Lake Tree Farm.

            The owner /developer, Heitler Land Company, proposed to re-zone about 11 acres to allow for two to three times more density.  He proposed to build houses and a 100-bed memory care facility.  Claiming only 10% of the seniors would have cars, the developer had minimal parking available.  This would force residents and visitors to park in the adjacent single family neighborhood as well as putting yet more traffic into an already overcrowded area.

           Furthermore, re-zoning usually does not actually require the developer to build whatever they are proposing.  After the re-zoning is granted, they can build anything that meets the basic requirements of the zone district.

             The adjacent homeowners association, Emerald Estates, hired Cathy Kentner of Lakewood Neighborhood Partnerships, to lead an effort to stop this increase in housing density.  The group filed a legal “protest” to the up-zoning proposal in accordance with Chapter 1.20.020 of the Municipal Code.  A formal protest requires at least 20% of the property owners within 100 feet of the proposed site sign a petition requesting a “super-majority” vote of City Council.

           Usually City Council actions, including re-zonings, require a simple majority of six votes.  In the super-majority situation, a total of nine votes are required to approve the re-zoning.  Realizing the establishment only has six solid votes, the developer withdrew the application rather than risk a rejection.

              The developer withdrawal has the effect of saving the establishment’s bacon.  In order for the re-zoning to pass it would have required at least the solid six establishment Council votes.  This would have put Ward 3’s Shakti and Ward 5’s Dana Gutwein and Karen Harrison at odds with their constituents.  Since Shakti and Harrison are running for re-election this November, voting for this re-zoning may have cost them their re-election.

          By withdrawing the application for a six month period, the establishment is hoping this November’s election will revive their prospects.  They hope the election will reduce the number of independent and reform Councilors and increase the establishment majority beyond its current six members.  If these political goals are achieved then the developer can come back in 2018 and try again.