Revisit Rio Plan,Judge Orders Zoning Board

COURT HOUSE — A judge is making the Middle Township Zoning Board of Adjustment take another look at a Rio Grande apartment complex application.
On Sept. 13 last year, developer William Juliano and his company Rio Victorian Village LLC were denied a use variance for a six-building 288-unit mid-rise apartment complex proposed for a 21-acre site on Railroad Avenue near Route 47. The site is the former home of a concrete plant.
Rio Victorian Village was previously granted a use variance for 342 age-restricted units on the site.
Juliano is also responsible for the Grande Center, a neighboring retail development that is home to a number of facilities including a Lowes home improvement store and a Walmart.
The proposed apartment complex site is split-zoned Restricted Industrial (RI) and Regional General Business (RGB). More than 90 percent of the property lies within the RI zone, in which permitted uses include: wholesale distribution facilities, a methadone clinic, a fast food restaurant, heavy equipment sales and a utilities power substation.
The project also required a use variance for a proposed clubhouse as well as variances for density and building height.
At the September meeting, the project’s planner Tim Michel said the proposed use is a more favorable choice than many of the permitted uses.
“Being located in the Rio Grande center, this site is particularly suited for a residential apartment complex,” Michel said.
“Residents of the apartments would be close enough to walk to local businesses.”
He said this project was in line with the state’s Smart Growth program and affordable housing plan.
The planner also remarked that project approval would correct the deplorable conditions on the site, which featured unsafe crumbling buildings, a rusted silo and graffiti.
At the conclusion of the meeting, four of the seven zoning board members voted for the project, but it still failed because use variance applications require five affirmative votes. Board members Joyce Jewel, Art Cornell and Dennis Anderson voted against the application.
Strain on municipal services, road improvements and traffic concerns seemed to be the deciding factors in the project’s failure.
Neighbors on Railroad Avenue testified that traffic there is already bad. They suggested that the small county road be improved before the application was approved.
When the use variance was defeated, the board did not address the density or height variances.
After his application was defeated, Juliano sued the board.
On June 11, Superior Court Judge Valerie H. Armstrong sent the matter back to the zoning board citing its failure to meet certain statutory requirements in its memorializing resolution.
Boards are required to consider not only whether projects would pose a substantial detriment to the public good, as in the road and traffic problems, but also whether they would substantially impair the intent and the purpose of the zone plan and zoning ordinance.
“Hence, this matter is remanded to the board for review of its findings and conclusions as to the negative criteria to address both prongs of the statutory requirement,” Armstrong stated in her order.
Solicitor Victoria Steffan told the Herald that the zoning board would meet Aug. 14 to make additional findings of fact regarding the zone plan and zoning ordinance.
“But no additional testimony will be heard,” she said.
In a related matter, a crew from Rio Grande demolition contractor Mitchell Nichols July 14 was working at the proposed site tearing down the old concrete plant and disposing of the debris.
Is the developer preparing the site expecting a more favorable response from the zoning board this time around?
Repeated calls to Juliano from the Herald went unreturned.
Contact Hart at (609) 886-8600 Ext 35 or at: jhart@cmcherald.com