On Monday, February 12,1996, the Miami Township Board of Trustees met at 8:00 PM at the Miami Township Civic Center in a special session. Chairperson Joseph Uecker called the meeting to order with the Pledge of Allegiance. Miami Township Clerk, Eric Ferry called the roll. Those in attendance were, Chairperson Joseph Uecker, Vice Chairperson, Jean Schmidt and member Edwin Humphrey.
Chairperson Uecker opened the Public Hearing on Case #416 by having Mr. Ferry read the legal notice of this meeting.
Planning Staff Report - Mr. Uecker read a notice of recommendation for denial of the proposed B-2 Business zoning designation from the Planning Staff meeting held December 22,1995.
Planning Commission Report - Mr. Ferry read a letter from the Clermont County Planning Commission regarding Miami Township Zoning Case #416. At its meeting held December 22,1995, the Clermont County Planning Commission reviewed the referenced zoning change request and voted to recommend denial of the application for B-2 Business zoning.
Rural Zoning Commission Report - Mr. Ferry read a Notice of Recommendation. On Wednesday, January 3,1996, the Miami Township Rural Zoning Commission met and voted unanimously to recommend to the Miami Township Trustees that case #416, be denied for the reason that B-2 would not be an appropriate use of this land.
Miami Township’s Attorney, John Korfhagen presented the Applicants Request by offering a history of the case. In 1989,property owner, Larry Roberts presented an application to rezone this property from residential "A" to "B-1" business district. That application was denied by a prior Miami Township Board of Trustees. In 1990, Mr.Roberts filed suit regarding the constitutionality of the zoning on this property. In August, 1992, Judge Watson declared that the "A" residential zoning was unconstitutional. He ordered Miami Township to rezone the property to a appropriate use. In December,1992, this Board of Miami Township Trustees conducted a Public Hearing regarding the rezoning of this property. In January, 1993, this Board of Miami Township Trustees made a decision to rezone this property from residential to office use. Between January 1993 and August 1995, Mr. Roberts has filed affidavits in the Court of Common Pleas indicating he has attempted to market the property. In August 1995, there was a motion filed by Mr. Roberts with the Court of Common Pleas requesting further relief. Mr. Korfhagen met with counsel for Mr. Roberts between August 1995 and November 1995 to discuss possible settlement. The Board’s decision was to hold a Public Hearing for rezoning of this property from B1 to B2 Business. This brings the case up to date.
The Board did not have any questions at this time.
Francis Barrett, Attorney for Larry Roberts presented a binder with photos, maps and engineering study’s of the area and other pertinent information regarding Case#416. He stated Mr. Roberts had made every attempt to market the property over the past two and one-half years. However, with the current zoning Mr. Roberts has been unable to conclude a sale. Mr. Roberts will be willing to accept a B-1 or B-2 Business Zoning.
Mr. Ferry read a list of Adjoining Property Owners for Statements;
The Supreme Council of the House of Jacob - H. Anthony James, Assistant Pastor at 629 Loveland-Miamiville Road spoke as the representative of the Supreme Council of the House of Jacob. Mr. James stated there has been no communication between Mr. Roberts or his attorney and the Church. The Church is against a zoning change that would allow the possibility of a business that could sell or serve alcoholic beverages to be located next to the church.
State of Ohio - Mr. Ferry read a letter from the Ohio Department of Transportation offering the following comments; This office is concerned about the impact this proposed zone change will have on the overall operation of the existing Wards Corner road/I275 interchange. A zone change which allows the potential for a high traffic generator type business to be developed on the subject property could have a detrimental impact to the existing intersection of Wards Corner Road/Loveland Miamiville Road.
Noble Davis,Jr. Of 627 Loveland-Miamiville Road stated he was opposed to the proposed zoning change. Mr. Davis stated he thought the Township did not have spot zoning.
Mary Smith - not present
Steve & Susan Rife- Mr. Rife stated his concerns if the zoning is changed; Noise, Illumination,Smell and Property Values. He asked if Mr. Roberts could offer a list of possible business for the property. Mr. Roberts’ attorney responded there was not a list available at this time.
Wabnet’s Construction - not present
Mr. Ferry read a letter from the Clermont County Engineers Office. In summary, their concerns are; A. At peak times, the Wards Corner Road and Loveland Miamiville Road intersection experiences a level of service of F. Any zone changes that would produce additional peak hour volumes of traffic would probably negatively impact this intersection. Consequently, it would be our recommendation that any zone change be contingent upon supply acceptable Traffic Impact Analysis. Said report may necessitate improvements to existing highway infrastructure. B. Wards Corner Road frontage is within Limited Access control of I-275. C. In April 1990, the Board of County Commissioners enacted Water Management and Sediment control regulations. Development of the site plan will need to address these concerns.
Mr. Ferry read sections of the following letters received in reference to this case;
J.R. Green of 6377 Pawnee Ridge ask that the Trustees please maintain the current zoning status so we may maintain our property values and keep our neighborhood a clean, quiet place in which to live.
James R. Leonard,M.D. of 547 Kickapoo Circle expressed his strong opposition to the proposed zoning change.
Steve Rife of 545 Kickapoo Circle wrote he objected to the proposed zoning change.
Mrs. Norine J. Smith of 6385 Indian Oaks Drive stated she and her husband are against the zoning change.
Nikki G. Orlemann and Vernon A. Uchtman of 6404 Pheasant Run wrote to strongly object to the zoning change proposed.
Rodger & Beverly Stanfield of 6429 Pheasant Run wrote to state they are against the zoning change.
Thomas Sturdy of 544 Blackhawk Trail wrote to oppose the proposed zoning change.
George Maris of 6352 Pawnee Ridge wrote he is opposed to the rezoning of the intersection of Loveland Miamiville Road and Wards Corner Road from office to B-2.
Becky and Tim Jauch of 6400 Pheasant Run wrote to object to a zoning change.
Chairperson Uecker noted to the assemblage, the reading of these letters is to make them a matter of public record. The letters have been reviewed in their entirety by each Board member prior to this meeting.
Chairperson Uecker opened the floor to comments from any person in attendance.
Mr. Gerald Seigert of 526 Blackhawk Trail spoke of his concern for the safety of the area with the increased traffic that will come with rezoning.
Mr. Charles James of 551 Loveland-Miamiville Road stated he wanted it mentioned the Church next to this property is special.
Mrs. Lori Martin of 547 Kickapoo Circle spoke of the dangers of the intersection at this time. Strongly objects to the rezoning.
Martha Louise Clark of 6348 Pawnee Ridge suggested the area be developed as a Park N’ Ride lot. This would enhance community
transportation. Strongly against rezoning for business.
Gary Gunkel of 588 Wards Corner Road stated he feels the change in zoning will create many more problems for residents of the area. The traffic is already a headache.
Elisha Davis of 629 Loveland-Miamiville Road says improvements have cost his family enough. Rezoning will not serve the people of the area.
Lynn Kitchen of 555 Blackhawk Trail spoke of the problems that have come with the addition of the BP Station in the area. Rezoning would, in her opinion, greatly impact the church in a negative way. She says "no" to rezoning.
Joe Williams of 564 Wards Corner Road stated the traffic impact would be horrible. No to rezoning. When will the residents come first?
Mr. C. Francis Barrett, Attorney for Larry Roberts assured the residents in attendance they were planning to work with the church and the residents to prevent problems of safety and other concerns now and in the future.
Mr. John Korfhagen stated that Mr. Barrett has indicated he believes one of the possible solutions would be for the court to declare the property unzoned. Mr. Roberts and his attorney have offered to enter into a consent order tonight. A consent order is more powerful than a zoning order. Also he will accept a B-1 Zoning. Mr. Korfhagen suggested no decision be made tonight. Bring all factions together and see if an agreement can be reached. The Board cannot issue a B-1 zoning with restrictions. They can agree to accept a consent order.
There were no further comments.
Jean Schmidt made a motion to close the public portion of Case #416. Ed Humphrey seconded the motion. Upon roll call, all voted "AYE".
After a discussion of the possibility of the residents and Mr. Roberts coming to an agreement of a consent order, the Board agreed to continue this hearing to a later date.
Jean Schmidt made a motion to continue the Public Hearing of Case #416 to February 28,1996 at 8:00PM at the Township Hall. Ed Humphrey seconded the motion. Upon roll call, all voted "AYE".
With no further business of the Township to come before the Board, at 10:15 PM, Chairperson Uecker moved the hearing be recessed until February 28,1996
Chairperson Joe Uecker opened the meeting with the Pledge of Allegiance. Miami Township Clerk, Eric Ferry called the roll. In attendance were Chairperson Joe Uecker, Vice Chairperson Jean Schmidt and member Ed Humphrey.
Mr. Humphrey made a motion to re-open the public portion of the hearing. Jean Schmidt seconded the motion. Upon roll call, all voted "AYE".
Chairperson Uecker read a letter from Mr. Barrett regarding Case No. 416. The letter stated that since the adjacent property owners are not willing to compromise on the use of Mr. Roberts’ property, as advised in writing by Township Attorney, John C. Korfhagen, and it appears that the rezoning initiated by the Township Trustees will be defeated , The Board was asked to consider possible actions the Board could take that would be acceptable to Mr. Roberts. Mr. Roberts will accept a B-1 zoning in place of B-2. The letter also outlined the course Mr. Roberts will take if the rezoning is denied. He will proceed with the "Motion for Further Relief" filed in the Clermont County Courts. A copy of this letter is on file in the Clerk’s office at the Township Hall.
Chairperson Uecker opened the floor to public comment.
Mr. Korfhagen reminded the Board that should the courts rule in Mr. Roberts favor, this would leave the area unzoned.
Mr. Humphrey made a motion to close the open portion of this hearing. Jean Schmidt seconded the motion. Upon roll call, all voted "AYE".
The Board discussed the case.
Jean Schmidt made a motion to uphold the Rural Zoning Commission’s decision to keep the property located at the intersection of Wards Corner Road and Loveland Miamiville Road, owned by Mr. Larry Roberts, zoned as Office. Ed Humphrey seconded the motion. Upon roll call, all voted "AYE".
Chairperson Uecker asked if there were any other business to come before the Board.
Mr. Korfhagen advised the Board, he has been retained as Attorney for the Goshen Township Board of Trustees. They will not be entering a new contract with the Goshen Township Fire Department.
Therefore, Goshen will have no fire service as of midnight February 29,1996. We have a mutual aid agreement with Goshen, as such, Miami Township has an obligation to provide fire-fighting services to Goshen. Mr. Korfhagen has prepared a proposed contract and resolution to provide this service.
Fire Chief, Jim Whitworth presented and outline of the estimated cost to provide this service. The report also outlined some of the problems that could arise, such as increased overtime for our personnel, safety, response time.
Mrs. Schmidt made a motion to adopt a resolution to enter into a contract with Goshen Township for the Provision of Fire-Fighting Services effective at Midnight February 29,1996 on an interim basis. Also the Board authorizes, Township Administrator, David Duckworth to sign the contract on behalf of the Board. Mr. Uecker seconded the motion. Upon roll call, all voted "AYE".
Chairperson Uecker opened the floor for Public Comments.
Matthew Rose, Assistant Chief Goshen Fire Department who resides at 6684 Wood Street, Goshen advised the Board, the Goshen Fire Department has until 3:00PM, February 29,1996 to make a decision regarding the signing of a new contract with Goshen Board of Trustees. If they do not sign a new contract, they have to be out of the building at midnight February 29,1996.
With no further business to come before the Board, Chairperson Uecker adjourned the meeting at 9:10 PM.
ATTEST __________________________________________CLERK
_ _________________________________________CHAIRPERSON