Chairperson Edwin H. Humphrey called the meeting to order. The Pledge of Allegiance was given. Mr. Uecker made a motion to appoint Mr. Larry Fronk as acting Clerk. Mrs. Wolff seconded the motion. Upon roll call, all voted "AYE." Mr. Fronk called the role. Attending were Edwin H. Humphrey, Joseph W. Uecker and Mary Makley Wolff. Chairperson Humphrey stated since both cases are related, they would be heard together. Chairperson Humphrey opened the Public Hearing on Case #464-Bear Creek Capital requests a R-PUD "Residential Planned Unit Development" Overlay of "B" Residence and Case #465-Bear Creek Capital requests a zone change from "B" Residence to "B-1" Neighborhood Business. Mr. Fronk read the Legal Notices. Mr. Fronk read the Clermont County Department of Community Planning and Development Commission and Staff reports recommending "denial" of both case #464 and #465. Mr. Fronk read the Miami Township Rural Zoning Commission decision to recommend denial of both case #464 and case #465.
Mr. Steven Kelly representing Bear Creek Capital presented their requests to the Board. Mr. Kelly presented an overview of the proposed project. Mr. Jack Gehrum of PKG, Inc. reviewed the revised Traffic Impact Study. Mr. Jim Watson of McGill, Smith, Punshon discussed the 31% of open space for the proposed project. Mr. Joseph L. Trauth, Jr. with the law firm Keating Muething & Klekamp, attorney for the applicant requested the Board delay making a final decision until the County Engineer has time to review the revised Traffic Impact Study. There were no additional questions from the Trustees. There were approximately 40 letters and/or e-mails received in opposition to this application. Notice, the Township e-mail account was down today from 12noon to 4PM. A summary of the reasons for opposition follows: Increased traffic, Dry Run Road is a narrow, winding road that cannot handle increased traffic, increased noise, strain on water and sewer services, mature woodlands will be destroyed, density too high, houses too small, not enough green space, will decrease surrounding home values, rural setting will be destroyed, privacy will be eliminated, crime rate will go up, taxes will increase as a result of more public services needed, if developed make Buckwheat extension be put in first, infrastructure should be in place before development starts, will have negative effects on surrounding neighborhoods, no support from the community, the proposed R-PUD is substantially different from all other single family R-PUD's previously approved by Miami Township, proposed development does not meet township R-PUD regulations and applicant has failed to demonstrate that the proposed development will benefit Miami Township. The following is a list of persons submitting letters or e-mails in opposition to this application: Glen Cook, 1481 Greystone Lane, Dr. and Mrs. D.W. Axelrod , 1490 Greystone Lane, Steve and Cindy Paris of 5678 Dry Run Road, Kenneth Randall of 1578 Orchard Valley Dr., Bridget Groves, 1474 Greystone Lane, Karen E. Dragon, 5676 Dry Run Road, David Dragon, 5676 Dry Run Road, Kim Dragon, 5676 Dry Run Road, Michelle Blevins, 5663 Dry Run Road, Billy Childers, 5671 Dry Run Road, Cari L. Kehr, 5421 Buckingham Lane, Scott Stevenson, Keith Ellis-KO, Geraldine P. Zoller, 5637 Dry Run Road, Tracy Martin, Laura Harcourt, 5691 Melody Lane, Shelly Higgins, 6253 Forest Crest Court, John and Donna Parrish, 5596 Dry Run Road, Barb and Richard Olender, 5558 Dry Run Road, James Long, 1571 Orchard Valley Drive, Larry Fuchs, 1479 Greystone Lane, Bonnie Harrington, 1469 Greystone Lane, Frieda Dunton, 5323 Windsor Ridge, Robert and Rebecca L. Jones, 5610 Dry Run Road, Jerry Ballard, Jr.,5560 Mt. Zion Road, Michael and Sherry Ernst, 1592 Lost Trail Farm, Harry and Ann Whitehead, 1472 Greystone Lane, Melissa s. Robison, 1473 Greystone Lane, Steven H. Robison, 1473 Greystone Lane, Dennis Harrington, 1469 Greystone Lane, Nancy Simmons, 5604 Mt. Zion Road, Kenneth and Rosetta Brewer, 5465 Dry Run Road, Nancy R. Applegate, 5563 Hoffman Road, David and Rita Perkins, 1246 Spotted Fawn Run, Ray Smith 5423 Cherry Blossom Court, David C. Stiles, 5583 Mt. Zion Road, Donald C. Dunton, 5323 Windsor Ridge, David C. Dunton, 5322 Windsor Ridge, Melody Stevenson, 1482 Greystone Lane, Carol Dunton, 5322 Windsor Lane, Julia J. Vece, 5643 Dry Run Road, and William and Mary Cash, 5566 Dry Run Road. Chairperson Humphrey called on any person in attendance for statements.
Mr. Gary E. Powell, an attorney with Manley, Burke & Lipton representing the Greystone Homeowners Association, presented their concerns about the proposed Bear Creek Capital project. The Trustees were each presented with a binder outlining their objections to the project. Some of their major concerns were the traffic problems, size of lots, woodlands preservation, and density. It is their contention the developer has failed to meet the objectives of the Miami Township R-PUD zoning regulations. Mr. Glen Cook of 1481 Greystone Lane stated the association is not opposed to all R-PUD's, however the proposed development is not compatible with the surrounding communities. The lot sizes (as small as one-fifth acre) are much smaller than surrounding and adjoining neighborhoods. Mr. Cook also discussed the open space preservation. He stated the two ravines, which take up approximately 36 acres, have steep slopes, which make it virtually unusable and unsafe. Mr. Keith Ellis of 1458 Greystone Lane discussed the potential problems with the increased traffic this development would create. Mr. Ellis stated the Association recommends a supplemental Traffic Impact Study be done and submitted for review prior to any further action related to the proposed development. Mrs. Margarete Ficke of 5422 Buckingham Lane discussed the differences in this R-PUD application and the other five single family residential R-PUD's in Miami Township. She stated the Bear Creek project would create a density thirty-three (33) percent higher than the average of all other R-PUD's in Miami Township. She asked the Board to reject this application. Mr. Powell summarized the presentation by stating Bear Creek violates R-PUD regulations and has not met the burden of proof and asked the Board to reject the application.
Rick Pant of 1579 Orchard Valley Drive stated he was opposed to the Bear Creek project. His main concerns were with the traffic, the infrastructure, basic health and welfare of the community.
Susan Knepp Day of 1408 State Route 131 expressed her opposition to the Bear Creek development. She was concerned with the traffic problems.
Lou Hudson of 5546 Dry Run Road stated the Bear Creek project would create a major hardship on the school system. The needs of the district are based on one-half acre lot developments. The proposed development is for one-fifth acre lots. More tax levies will be required.
Sue Trammell of 5625 Dry Run Road stated she opposed the development.
Linda Little of 5608 Sugar Camp Road opposed the project. Traffic, safety, and density were her main concerns.
Milan Marshall of 1573 Orchard Valley Drive discussed the traffic problems that exist and the impact of a project of this size on the traffic and safety of the community.
James Jacobs of 1407 State Route 131 stated he personally will lose a portion of his property to create the turn lane that this project requires. This would affect his business and neighbors' properties all up the street.
Rick Mc Dermitt of 5543 Dry Run Road stated even though he is part of the White family, he is against the project.
Jon Mantarso of Dry Run Road stated he has problems with erosion of land and this project will see the same problem with the removal of many large and small trees.
Chairperson Humphrey and the Board allowed each side 5 minutes to sum of their views. Mr. Steve Kelly spoke on behalf of the Bear Creek Developers. Mr. Gary Powell spoke on behalf of the Greystone Homeowners Association.
Mr. Uecker made a motion to close the public portion of case #464 and #465. Mrs. Wolff seconded the motion. Upon roll call, all voted "AYE."
The Trustees determined they were not ready to make a decision at this time. They agreed they would accept written comments until the date a decision will be made.
Mr. Uecker made a motion to continue the closed portion of public hearings of cases #464 and #465 until July 10, 2001 at 7:00 PM at the Miami Township Civic building. Mrs. Wolff seconded the motion. Upon roll call, all voted "AYE."
With no other business to come before the Board, Chairperson Humphrey adjourned the meeting at 10:00 PM.
ATTEST: _______________________________________________ Larry Fronk, Acting Clerk
_______________________________________________ Edwin H. Humphrey, Chairperson