The Miami Township Board of Trustees met in Special Session on Wednesday April 7, 2004 for the purpose of holding a public hearing on Zoning Cases 492 and 498 and any other business that may come before the Board. Chairperson Edwin H. Humphrey called the meeting to order at 7:00 PM. The Pledge of Allegiance was given. Joe Uecker moved to appoint Larry Fronk acting Clerk for the meeting, seconded by Mary Makley Wolff. Upon roll call, all voted "AYE." Mr. Fronk called the roll. Attending were Edwin H. Humphrey, Joseph W. Uecker and Mary Makley Wolff.
Mr. Humphrey opened the public hearing on Zoning Case 492 - John Hueber and Mary Harris, applicants. Mr. Fronk read the Notice of Public Hearing, the recommendation of the County Planning Commission and the recommendation of the Miami Township Rural Zoning Commission.
Mr. Fronk explained the case. The request was to rezone the property from R-1 Single Family to B-1 Neighborhood Business with a Planned Business Development Overlay. The proposed use is a Fitness Center and an office building.
The proponent, John Hueber, explained the proposed development. He stated he had OEPA approval for the on-site septic system.
There were no comments from adjoining property owners or concerned citizens. There was no correspondence relating to the case.
Mr. Fronk recommended the Trustees accept the recommendation of the Zoning Commission with the following modifications:
1. The application be modified to include a Planned Business Development
Overlay.
2. The residential character of the existing buildings be carried over into the
future development site through the use of brick, glass and pitched roofs.
3. The applicant maintain a 50-foot setback from the adjoining residential
district in the future development area.
4. The applicant prepares and submits a lighting plan to staff for review to
ensure there is no spillage of light onto adjoining properties.
Mary Wolff moved to close the public portion of the hearing, seconded by Joe Uecker. Upon roll call, all voted "AYE."
The Trustees discussed the appropriateness of the zoning, the residential character of the buildings and the control provided by the overlay district.
Mary Makley Wolff moved to accept the Zoning Commission recommendation with the four modifications recommended by Mr. Fronk, seconded by Joe Uecker. Upon roll call, all voted "AYE."
Mr. Humphrey closed the public hearing.
Mr. Humphrey opened the public hearing on Zoning Case 498 - Ron Roberts, Roberts Engineering, applicant. Mr. Fronk read the Notice of Public Hearing, the recommendation of the County Planning Commission and the recommendation of the Miami Township Rural Zoning Commission.
Mr. Fronk stated the request was to rezone 5 acres from R-1 Single Family to
B-2 General Business with a Planned Business Development Overlay. The site is on
SR 131 opposite the High School soccer field. The proposal is for three
office/warehouse buildings.
Ms. Adele Evans, with Roberts Engineering presented the case as agent for Izzi's
Home Improvement. Ms. Evans explained the plan had evolved from a previous plan
reviewed by the County Planning Commission. The County recommended a more
comprehensive approach to developing the five acres. The development would be
constructed in three phases. In the first phase the Izzi's would use the
existing house and barn. In phase two the house and barn would be demolished and
the Izzi's would construct a new building. There has been no decision on the
timing of the third phase.
Ms. Evans explained the rear 260 feet of the site would be left undeveloped and a conservation easement would be placed over the area. There would be additional landscaping planted. There would be no outside storage of material and no outdoor parking of construction vehicles.
Three adjoining property owners, Paul Pillon, Susan Perry and Mark Throckmorton spoke in opposition to the rezoning request. Their concerns included concern over the possible uses in the B-2 District, an insufficient buffer, particularly during the winter months, the visual impact of the development, stormwater management issues and lighting. They also stated they researched the zoning before buying their homes and felt protected that the adjoining zoning was residential.
There were no concerned citizens to address the Board.
Mr. Fronk noted there was correspondence and he read it into the record.
Mr. Fronk recommended the Trustees accept the recommendation of the Zoning Commission with the following modifications:
1. Change the rear most building as shown on the site plan from
office/warehouse to office only with all parking to be in front of the building.
2. No outside storage of material or construction vehicles shall be permitted.
3. The southern most portion of the property, at a depth of at least 220 feet
shall not be developed and shall be over laid with a conservation easement.
4. Building architectural elevations shall be similar to the photos submitted
with the application. The office fronts of the buildings shall have varied roof
lines, windows, sidewalk, and foundation plantings. The façade covering shall
be masonry, wood or vinyl. Metal shall not be the predominant siding. The garage
doors on the warehouse side of the building shall be painted a neutral earth
tone color. The office building at the rear shall be of masonry construction
with architectural characteristics of a single-family home.
5. The applicant must provide an access easement to the adjoining property to
the west.
6. The applicant provide a lighting plan.
Joe Uecker moved to close the open portion of the hearing, seconded by Mary
Wolff. Upon roll call, all voted "AYE."
The Trustees discussed the request. There were concerns related to the construction use of the property, impact on adjoining properties and the creeping of business zoning west on SR 131.
Joseph Uecker moved to deny the zone change request, seconded by Mary Wolff.
Upon roll call, all voted "AYE."
With no other business to come before the Board, Chairperson Humphrey adjourned
the meeting at 8:30 PM.
ATTEST: __________________________________________________
Larry Fronk, Acting Clerk
__________________________________________________
Edwin H. Humphrey, Chairperson