The Miami Township Board of Trustees met in Special Session on January 12, 1998 at 6:30 PM in the Milford High School cafeteria. The purpose of the meeting was to hold a Public Hearing on Rural Zoning Case # 432 - Hoffman, Parrott, & Strawser. Chairperson Edwin H. Humphrey called the meeting to order with the Pledge of Allegiance. Miami Township Clerk, Eric C. Ferry called the roll. In attendance were Edwin H. Humphrey and Joseph W. Uecker. Mr. Ferry read a letter from Trustee Jean Schmidt. The letter stated, "Please be advised that I will not attend the zoning hearing for case # 432 The Preserves at Weber's Run. I will not be participating because Richard Hoffman, a principal partner in the proposed development, is my brother. I have removed myself from any and all discussion regarding the merits of this case. I have refused to accept any and all correspondence, including all information received at my home and at Miami Township. I ask that this be read into the minutes in full. I will be in attendance for case #431, scheduled for 9:00 PM. Sincerely, Jean Schmidt."
Mr. Ferry read the Notice of Public Hearing, the Planning Staff Recommendations and the Rural Zoning Commission's recommendations.
Mr. Joseph Trauth, Attorney for the Hoffman-Parrott & Strawser Partnership presented the request for a District Zone Change, PUD. Mr. Trauth stated they oppose reducing the number of home from 212 to 170 due to the fact it is not economically feasible . Mr. Strawser presented detailed information about the development.
Chairperson Humphrey asked if there were any adjoining property owners who wished to speak individually. There were none. Jason B. Sims, Attorney representing a coalition of Miami Township residents and property owners who are opposed to the zone change advised the Board these citizens have formed a political action committee called TRIFOLDS. Mr. Lynn Taylor, a member of TRIFOLDS, presented a report on what TRIFOLDS is and what they believe. Mr. Taylor, in the opening statement of presentation, stated that "TRIFOLDS ask the Board to vote no regarding Case #432." " It does not meet the guidelines for approval." Mr. Taylor stated there is a very good balance in housing at the current time. Mr. Taylor went on to discuss TRIFOLDS issues with Standard #1 of the Goals and Polices Statement; "maintain the Township residential growth and promote the "country living" atmosphere." TRIFOLDS believes that clustering R-PUD developments on a no-arterial road detracts from a country living atmosphere and that clustering housing units on one end of a tract of land and placing all of the green space at the other end does not promote a county living atmosphere. TRIFOLDS believes this R-PUD does not comply with Policy #2 of the Goals and Polices statement "Control and adjust the pace of residential growth to provide necessary infrastructure improvements at the time of development rather than after the fact." TRIFOLDS feels this R-PUD does not meet Standard #5: Traffic Circulation. They feel the traffic study analysis, taken during Thanksgiving week, does not represent the true traffic in the area. TRIFOLDS also believes this R-PUD does not meet Standard #10 which states "the development must not create: inconvenient or unsafe access, traffic congestion in adjoining streets or an excessive burden on public utilities and facilities. This development will have a negative impact on the Milford school district, sewage and drainage and water supply. In summary, TRIFOLDS feels the proposed development will negatively impact already existing problems: traffic, water system pressure, sewer capacity, schools and real estate values. They believe this development does not conform to or fulfill the comprehensive planning goals and policies. They feel this development does not conform to or fulfill the requirements of the standards and guidelines for R-PUD. They feel this development will create a significant burden on all public utilities and services and will severely impact traffic congestion and safety. TRIFOLDS stated the Trustees must vote no on case #432. TRIFOLDS'S attorney, Jason Sims summed up the presentation and elaborated on the traffic crisis this development could enhance on Route 28 at Branch Hill-Guinea Pike. Mr. Sims stated this development does not meet the 14 standards of Miami Township.
Mr. Humphrey asked what period the traffic accident study covered. Mr. Sims stated the period was from 1988 through 1996 and reflected the intersections on Branch Hill-Guinea Pike.
Mr. Humphrey asked if any other adjoining property owners wished to speak. No one came forward.
Mr. Humphrey asked if any other resident of the Township wished to speak.
Mr. Rick Van Lieu of 1076 Weber Road stated he has lived on Weber Road for 11 years. The traffic problems has increased greatly since the Mitchell Farm development began. He discussed his concerns with the county roads and other infrastructure problems that need to be corrected before this type of development should be considered.
Ms. Christa Tepe of 1510 Charleston Lane, Loveland stated that Weber Road is already narrower than a normal subdivision street and secondly the speed limit of 35 MPH is still to high.
Ms. Carol Panko of 6069 Donna Jay Drive stated she has a concern about the traffic problems this new development will create. By-pass 28 has already created a nightmare for people trying to get out of the side streets, like Donna Jay.
Mr. Walter Roth of 1327 Bedffordshire Drive stated he had moved here from New York and will never go back. He felt the children's safety will be endangered by the overcrowding this development will bring.
Mr. Andy Poole of 1536 Georgetown Road stated he felt the Board should consider the emotions of the residents. If a "Country Living Atmosphere " is the goal of this Township, adding a crowded development in this area is not the way to go..
Ms. Mary Franzosa of 6356 South Devonshire Drive stated her family had moved here six years ago and she would not like to see Miami Township develop to rapidly. She stated that she felt the number of unsold homes already on the market in the Township made potential buyers think the area is less than desirable.
Chairperson Humphrey asked for any communications relative to case # 432.
Clerk, Eric Ferry requested permission to summarize the letters, due to the large volume of correspondence regarding this case. Chairperson Humphrey asked if there were any objections. There were no objections.
Mr. Ferry read letters from Frank and MaryAnne Ackerman of 6220 Tanglewood Drive, Mike Cambron of 1095 Tumbleweed Drive, Glen & Diane Petrosky of 5091 Woodmore Court, Mr. Robert Lyon, David J. Baker of 6263 Shagbard Dr., and a letter from Dinsmore & Shol, attorneys for TRIFOLDS, all requesting the Board vote NO on case #432. Mr. Ferry also received letters regarding case #432 from John and Gloria Causey of 2027 Weber Road, Thomas and Michelle Wolf of 6352 Hickory Bark Dr., Jerry and Julie Kelsheimer of 1056 Weber Road, John and Princess Fredrickson of 6450 Parkwood Court, Donald and Linda Meineke Jr. of 1426 Cheltenham Dr., Steve Moss, Christopher D. Willman, William E. Griesser of 1106 Tumbleweed Drive, Andrew C. Steele of 1554 Georgetown Road, Mrs. Judith A. Massa of 1719 Old Fam Drive (Paxton South), Phillip D. Jones of 1112 Glen Echo Lane, Lance and Cathy Dosch of 1411 Cheltenham Drive, William and Mary Ellen Williams of 1565 Georgetown Road, Michael A. Biordi of 6425 Paxton Woods Drive, Jon Sullivan of 1046 Weber Road, Michael and Patricia Meier , Stan Cooke , Gerry Serger of 1054 Weber Road, and Richard and Krista Tepe, all asking the Board to vote NO on case #432.
Mr. Trauth addressed the compliance of the PUD regulations by this proposed development. All 14 points of the PUD regulations have been met by the developers. The issues raised by the opposition, traffic, and density have been addressed. Mr. Trauth stated he was upset that the attorney for TRIFOLDS would not schedule a comprise meeting between the opponents and the developers. Mr. Trauth asked that the Board withhold a decision on this case until a later meeting.
Bob Lyon of Woodcreek asked what the owner of the property would make if this development is allowed.
One of the developers responded that the amount they were paying for the property was private.
Mr. Sims, TRIFOLDS attorney, stated the reason he did not schedule a comprise meeting was the group he represents wanted to bring their issues before the Board. Mr. Sims asked on behalf of TRIFOLDS the Board deny this application.
Joe Frances of 6252 Forest Crest Court advised the Board that he had directly requested the developers meet with himself and some other residents regarding this development to see if there could be some comprise. The developers never replied. He stated the citizens group is not against development or growth in the community. They are against this particular project as presented.
Tom Anderson of 6360 Hickory Bark stated the Board needs to reflect on what needs to be done to develop the Township in the future. How can Miami Township become an area that attracts people? What needs to be done, long term, to make Miami Township the best ?
Randall Boeam of 1104 Deerhaven Court stated he felt the developers were wrong in assuming there was no demand for big lots. He purchased his home 6 months ago and one of the strong selling points was the large lot.
Chairperson Humphrey closed the public portion of the hearing . He stated he felt the Board needed to review in more detail all the materials received tonight. Mr. Uecker agreed.
Mr. Humphrey made a motion to hold a Special Meeting of the Board of Trustees on January 22, 1998 at 7:00 PM at the Milford High School in the cafeteria or auditorium for the purpose of continuing zoning case #432 and any other business that may come before the Board. Mr. Uecker seconded the motion. Upon roll call, all voted "AYE.'
Chairperson Humphrey continued the Public Hearing of Case #432 until January 22. 1998.
JANUARY 22, 1998 - CONTINUATION- PUBLIC HEARING CASE # 432
The Miami Township Board of Trustees met in Special Session on Tuesday, January 22, 1998 at 7:00 PM at the Milford High School. Chairperson Edwin H. Humphrey called the meeting to order. The pledge of allegiance followed. Miami Township Clerk, Eric C. Ferry called the roll. Attending were Edwin H. Humphrey and Joseph W. Uecker. Jean Schmidt was absent.
Chairperson Humphrey noted the purpose of this meeting was a continuation of the Closed portion of the Public Hearing of Zoning Case #432.
Mr. Humphrey discussed how the RPUD's have worked on other developments through compromise. However, there seems to be no give on either side in this case. Mr. Humphrey reiterated his interruption of the information he has reviewed regarding this case. Mr. Uecker reminded those in attendance that the Board of Trustees works for the entire Township. The Board's decision will reflect what they feel is in the best interest for the whole Township. Mr. Uecker stated he felt there was no alternative but to deny the Rural Zoning Commission's recommendation. Mr. Humphrey discussed his reservations on approving the development as presented. Mr. Uecker made a motion to disapprove the recommendation of the Rural Zoning Commission and deny the application. There was no second. Mr. Humphrey called for a brief recess until 8:30 PM. Chairperson Humphrey called the meeting to order. He announced there was no agreement between the parties during the recess.
DECISION: Mr. Uecker made a motion not to accept the recommendation of the Rural Zoning Commission and to deny the applicants request for the RPUD. Mr. Humphrey asked if Mr. Uecker would like to state some conditions that he felt were not met. Mr. Uecker said "Yes he would. Continuing the motion. On the basis that the applicant has failed to meet all the conditions that are required. In particular under J for the conditions for the increase in density, that the condition of an inconvenient or unsafe access by means of the proposed connection to the Forest Knoll Subdivision out onto State Route 28 and also for the reason that the proposed presented plans do not meet the criteria of quality of design of the development. Mr. Humphrey asked Mr. Uecker also add that the proposed development is in the vicinity of a street or intersection with a history of safety or accident problems. Mr. Uecker stated "That is correct. I do". Mr. Humphrey stated "then I second that motion." Upon roll call, all voted "AYE." Chairperson Humphrey adjourned the meeting at 8:35PM.
ATTEST __________________________________________Clerk, Eric C. Ferry
__________________________________________Chairperson, Edwin H. Humphrey
MINUTES AMENDED/APPROVED MARCH 17, 1998 at regular TRUSTEE MEETING.