My attempt at an artistic photo |
Last week, the land at 16 Stow Road was cleared in preparation for the building of a new affordable Senior housing complex entitled Evesham Senior Apartments. Many trees and a lot of scrub brush was removed. The sign above was on the property, and bulldozed as well.
Conceptual drawing of Evesham Senior Apartments presented to the Planning Board |
The process to build a new facility here actually began several years ago. As a result of multiple court rulings, New Jersey municipalities are required to build a certain number of affordable housing units. The number of these units has been in question for decades, but last year, Evesham came to an agreement with the Fair Share Housing Authority. The township has been developing a plan to build more than 500 affordable units and one of the designated areas to build was this particular property in an area zoned Industrial Park (IP) off Greentree Road near Whole Foods.
At a Town Council meeting on December 12, 2017, two things occurred. This particular property was rezoned form IP to SEN-3 (Senior Citizen Continuing Care). In addition, Ordinance 28-12-2017 made several changes to the definition of a SEN-3 Zone:
- Decreased the minimum property required from 5 acres to 2 acres (the property in question is 2.3 acres)
- Increased the maximum height of structures from 35 feet to 55 feet or 4 stories
- Increased the maximum density of dwelling units (how many residences per acre) from 20 to 32 units. This makes sense given that the building can now be 4 instead of 3 stories.
- Decreased the required setback and width of property
- Changed the permitted uses to allow only 'Age-restricted (senior) affordable rental apartments'. The previous code did not require the apartments to be 'affordable'
The Evesham zoning map has not been updated, but I've indicated where the change occurred.
In June 21, 2018, the Planning Board approved the construction of a 4-story, 68 unit Senior Affordable building that was approved unanimously. I previously wrote about it when the project was approved. The building will have a partially underground parking garage with 42 parking spaces, along with an additional 26 spaces in an outside lot. There will also be additional parking in the shoulder of Stow Road if needed. There will be 5 two bedroom apartments (856 square feet) and 63 one bedroom apartments (661 square feet). 5% will be fully accessible and 2% will be for hearing and visually impaired. Each unit will have a balcony which are normally 4 feet by 10 feet.
Invariably when I post about new building projects people will complain about development, but I want to make something clear. Evesham is required to provide affordable housing. If Evesham doesn't actively participate in the development of affordable housing, it risks a "builder's remedy lawsuit".
A builder’s remedy lawsuit is a process created under the Mt. Laurel Doctrine which allows a developer to file a lawsuit when it believes a community is practicing exclusionary zoning or has not provided its fair share of affordable housing. The developer then proposes to construct housing at a higher density than is otherwise permitted on its property, which development must include a “substantial” affordable housing component. (emphasis added)
Getting out in front of the township's obligations prevents these types of lawsuits and allows the township's zoning law to remain the standard by which residences are built. Evesham gets to determine where housing can go, rather than an outside developer.
Here are some photos I took in December 2017:
Here are some photos I took in December 2017:
And here are some photos from July 2019
Hollingshead House in the Background |
Thanks go out to Latitude 360 for providing the aerial shots. You can visit their website at www.facebook.com/latitude360drones.
If you are interested in reading further about Builder's Remedy Lawsuits and COAH, I recommend this article. While some of the questions deal specifically with another town (Upper Saddle River), the issues are the same. It shows the risks involved with not providing affordable housing, and the power that builders can obtain through legal action.
Related Blogs:
- Addressing Eveshams Affordable Housing Requirements Through Zoning
- Planning Board Approval of Evesham Family Housing and Evesham Senior Housing
List of All Blog Posts
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