Indiana Township officials give tentative OK to housing development despite residents' objections

Indiana Township supervisors gave tentative approval Feb. 15 to a proposed housing development despite strong objections from residents.

The 3-2 vote in favor of the Indiana Trails planned residential development came with Republicans — Supervisor Paul Jorgensen, Deputy Mayor Albert Kaan and Mayor Darrin Krally — approving it. Democratic Supervisors Sarah Hertweck and Jonathan Neumann voting against.

Hertweck said the plan did not comply with township ordinances. Krally disagreed.

“It’s an asset to the community,” Krally said. “They meet our ordinances.”

Neumann said, “We are emphasising property rights of an outside interest over property rights of hundreds of my constituents who don’t enjoy their life and their property as much because of this thing.”

Township Manager Dan Anderson said the developer has to come back for final approval of its plans, as well as for various permits before any construction can begin.

“The final approval would have to require them to enter into a developer’s agreement and would outline all their responsibilities as part of that,” Anderson said. “Their final plan has to be consistent with the tentative plan. They can’t be making changes to the number of units and so forth.

“We’ve been dealing with proposals on that property since 2016. I know the proposals have changed. I wouldn’t be surprised for this to take some time for it to get to a point to come back (for final approval).”

Medium density development

The developer, identified in township documents Fox Chapel Estates LP, with an office in McCandless, submitted an application to construct 57 townhomes; one-single family home; six, two-unit duplexes; and one, three-story, 30-unit condominium in a development called Indiana Trails near Dorseyville and Fox Chapel roads in a medium density residential district called a MDR.

The plan consolidates two parcels into one 22.83-acre property and then subdivides it into about 19 lots. Townhomes would be priced from $400,000 to $600,000 and apartments in the condo from $300,000 to $400,000.

Asked about his vote, Jorgensen kept referring to the township’s “Findings of Fact” that were later posted on its website, which indicated the development met the township’s zoning ordinance standards.

Said Kaan, “We can’t just stop or stifle development when we ensure that it is done in compliance with our ordinance and regulations.”

Hertweck referenced a lawsuit in which resident Emily Gouwens and several others sued the township after it approved a similar residential development in 2017 involving Ryan Homes on the same property, but with slightly fewer homes.

Commonwealth Court found in Gouwens’ favor that the township’s tentative approval did not comply with zoning regulations for variety in the type, design and arrangement of housing units, common open space and traffic circulation.

Hertweck said that with the Indiana Trails approval, the township is making the same mistake.

“Every single person that lives in this township wants the same thing. They want peace and quiet and to keep the kind of natural atmosphere,” she said.

Gouwens predicted the matter would end up before the courts again, and she expects the township to lose.

“The community is rightly outraged and will continue to take action,” she said.

Neumann said the development was not harmonious with the area, and he does not believe the developer did enough to prove it meets all township regulations.

“It doesn’t fit in,” he said. “If you drive down Dorseyville Road, there’s nothing of that magnitude. I didn’t think the applicant did the job of proving that the environmental impact would be better from a development like this than a traditional development. That’s their burden, and I didn’t think they carried that burden.”

Developer’s reaction

Developer Frank Zokaites issued a statement Feb. 20 via email.

“We are pleased and thankful to have received approval for the 100 new multifamily homes that we proposed in Indiana Trails (for) Indiana Township,” he wrote. “The proposed development exceeded every requirement of the township and offers a genuinely new lifestyle opportunity to future residents of Indiana Township.”

He said the property will include a community center with a fully equipped fitness center, banquet and meeting facilities and a swimming pool along with an abundance of open space. The site also will have a play park and an enclosed dog-friendly play area.”

Estimated project value is between $30 million to $40 million, according to Zokaites.

“There is a general shortage of reasonably priced housing in Allegheny County in general, and there has been a complete lack of major recent residential development in Indiana Township along with neighboring West Deer Township.

“We have numerous potential new residents anxiously waiting for the new homes in both townships and Indiana Trails will offer several alternative choices of housing types along with its significant community amenities.”

Public opportunities

The township conducted three public hearings related to the development last year with each lasting several hours.

The developer presented its case during the first hearing. Residents voiced their objections during the second and the developer could address those concerns in the third.

There was a large turnout at the Feb. 15 meeting. Several residents expressed disappointment in the vote and stormed out before other action was taken.

The planning commission unanimously voted Aug. 24 to recommend township supervisors approve the plans, according to commission meeting minutes. Conditions of approval were to include a playground and emergency access.