INDEPENDENCE, Ohio — The Concordia development is two more steps away from being fully approved.
RELATED: Potential new development in Independence worries residents about the future of their homes
The development would be combined with approximately 2.58 acres of land behind the historic Independence Fire Station on Brecksville Road.
In total, 18.2 acres of land behind the Concordia Lutheran Church would be bulldozed, which means potentially wiping out 778 trees to make room for 62 single-family homes.
The homes, according to Petros Development Group LLC President of Land Development Greg Modic, would only be open to residents 55 years of age and older.
The preliminary plan passed Independence City Council in February, despite various resident concerns.
Matthew Benkner is a longtime resident of Independence and has owned a home on Stone Road for years.
He has remained steadfast in that the Concordia development, if built, will cause more flooding on his property.
"You've already seen the sinkholes forming on the side of the road. Not only did the sinkhole that they filled with dirt reopen, but it's bigger, and there are more of them going up the road," Benkner told me. "This development doesn't help the city in any way. It only helps the 1%. This is not necessary. We're not against development, but this area is a bad idea."
His 15-year-old daughter, Indy, also believes the development is a bad move.
"They're gonna cut down all the trees and put houses there. It's also not just because, like, I like trees, but it's also because they're gonna put all those people in danger. It's built on unsturdy wetlands like those houses are gonna fall into the earth if you put houses," Indy said.
As of Wednesday, the development had three phases left to get through before being fully approved.
The third-to-last stage was completed at the city's Board of Zoning Appeals on Wednesday night.
Petros Development Group LLC requested several variances from the board, including a rear yard setback, front yard setback, and wetland setback.
A zoning variance is a legal exception granted to a property owner, allowing them to deviate from the strict application of zoning regulations for their specific property. It essentially permits a property owner, or a developer in this situation, to utilize their land in a way that might otherwise be prohibited by the current zoning ordinance.
"I'll use one of our specific variants we requested — the code called for the front building to be set at 25 feet. Our request was to put it at 30 feet. In order to do that, a variance needs to be granted by the board of zoning appeals. In this instance, what it allowed us to do was set the houses in a better setback from the cul de sac, provide better spacing for utilities and driveways," Modic explained.
Benkner argues variances are supposed to only be used for emergencies, and this, in his opinion, does not fit those criteria.
"They're needed for extenuating circumstances that are out of their control. None of that is why they need the variances," Benkner said.
A handful of residents, including Benkner and Indy, spoke at the Wednesday meeting to express their concern and disapproval of the variances.
After nearly an hour discussing the variances, the board approved all three.
"I feel that they were rightfully approved. We're saving wetlands. We're saving the trees. I think it's a very helpful variant that was granted there. The other ones, I think, provide uniformity within the development. I think it gives us a nice community that we're gonna be able to put together here," Modic said.
The next two steps in the process include approval from the city's planning commission, and if that's approved, one last city council vote would be needed, according to Modic.
If everything is approved, Modic estimates construction will begin in mid-July.
That potential start time is just around the corner, but the residents we've spoken with tell me they'll continue fighting until the end.
"We continue to fight because until that land is bulldozed and those houses go in, it's not over," Benkner stated. "We know we're in the right, and more and more citizens in this town are finding out about this because it's been swept under the rug as best they can and it's presented in a way that they only list what they feel are the positives."
Despite Benkner telling me time and time again that he feels as if his concerns are falling on deaf ears, he said maintaining his voice is important to him.
"[City Council] rigged the game in their favor. I want to be able to look in the mirror and look at my daughter and say I did everything I could, that I tried. Maybe, maybe, just maybe David takes out Goliath. It's happened before. It could happen again," Benkner added.
Modic said, "My focus is on hearing their concerns with regards to what we're doing. I can't change the outcome of it because it was zoned for this. It's permitted for this. It's something that's needed within the city. I think it's gonna be a great asset for the community and the residents within it. I want to continue to listen to them. I'm not saying I'm going to change for them. I just wanna assure them that I'm listening to them."
Benkner said legal action isn't something residents would take right away, but it is something that's not off the table as a way to slow the development down.
"There are legal actions that we could take. When and if that time comes, we will cross that bridge when we get to it, but right now we have to go step by step. Unlike the city, we will not put the cart before the horse," Benkner explained.
The next Independence City Council meeting will be Tuesday, June 10.
