Background:
The developer for Middleton Oaks (The Philcon Group) is currently (April-July, 2008) advertizing 13 single family homes for sale (sign-1, sign-2) while the zoning allowance is for 8 single family homes. At the April 15th, 2008 Miami Township Board of Trustees Meeting a Bramblewood resident read from a prepared letter and asked the board why this was being allowed. This is an apparent violation of the zoning rules. See drawing below. The board did not respond to the question.

The zoning requirement for R-2 states that a developer can have 2.6 single family units/acre. This would allow 8 dwellings in the 3.389 acres under question. In order to increased this density they need a B-1 classification.  The Philcon Group asked for and was denied a change of zoning from R-2 to B-1.  See case 515 below. They are marketing homes with a density of 4.1 single family units/acre rather than the approved 2.6 units/acre.

In an effort to determine why this  violation was allowed the resident sent a letter to the BZA asking why the zoning rules were not followed, why the extra 5 homes were allowed and what they were going to do about it. This BZA meeting was a result of this letter of inquiry.

Meeting results:  Question cost $200 TO $800
Approximately 20 Bramblewood residents attended this meeting. The BZA announced that since the question was not presented on one of their three forms they would not address this question at this meeting. [ed note: the suggested forms to ask a question have a filing fee from $200- to $800-. Therefore, to ask a question to the Miami Township BZA, be prepared to spend between $200 to $800.]  Several residents spoke asking procedural questions and the meeting was adjourned.

Notice was given that the Public Hearing is being held at 7:00 pm on April 16, 2007 at the Miami Township Civic Building, 6101 Meijer Drive, before the Miami Township Trustees to review Miami Township Case 515, carried over from last month. The applicant is The Philcon Group.

Ms. Wolff moved to reopen zoning Case 515, and Mr. Humphrey seconded. Upon roll call, all voted “AYE.” Ms. Wolff made a motion to close the open portion of the public hearing, and Mr. Humphrey seconded. Upon roll call, all voted “AYE.”

Mr. Humphrey moved to deny Case 515, a request to rezone 4.88 acres from R2 Single Family to B1 Neighborhood Business with a planned business development overlay due to the uncertain nature of using the business zone in this particular case, and Ms. Wolff seconded. Upon roll call, all voted “AYE.”

March 6, 2007
Minutes missing

Case 515 Applicant: The Philcon Group. This case was a proposal to rezone 4.88 acres from R-2 Single Family to B-1 Neighborhood Business with a Planned Business Development Overlay. The proposal was to construct 14 condominium units. After a public hearing the Zoning Commission voted to approve the zone change request with conditions relating to buffering and entry monumentation. 

The applicant, The Philcon Group, was requesting a setback variance for a proposed condominium building. The Zoning Resolution requires a 35-foot building setback when the adjoining property is zoned residential. The applicant was requesting a 15-foot variance. The zoning line is internal to the project. The condominium building was still setback 100 feet from the nearest adjoining residential property. After some discussion, the BZA voted to approve the 20-foot variance request.

Chairperson Wolff opened the Public Hearing on Zoning Case #484-The Philcon Group. Mr. Ferry read the legal notice, the Planning Staff Report, the Planning Commission Report and the Zoning Commission Decision recommending approval of the request with the following conditions: 1. Rezone 1.17 acres of "R-1" Single Family to "B-1" Neighborhood Business. 2. Rezone .75 acres of "B-1" Neighborhood Business to "R-2" Single Family. 3. Rezone 4.09 acres from "R-1" Single Family to "R-2" Single Family and 4. Place a Planned Business Development Overlay over the "B-1" District. Brandon Philpot, President of the Philcon Group presented the request to the Board. The Trustees questioned the applicant. There were no communications relative to the case. Chairperson Wolff called on any person in attendance for a statement. James G. Gabel of 874 Murel Lane spoke in favor of approving this application. Mr. Larry Fronk, Miami Township Community Development Director, recommended the Board approve the application. Chairperson Wolff closed the public hearing. Mr. Humphrey made a motion to concur with the Rural Zoning Commissions' decision with all conditions. Mr. Uecker seconded the motion. Upon roll call, all voted "AYE."

The Miami Township Board of Trustees met in special session on July 29, 2002 for the purpose of holding a Public Hearing of Case #479 - Grasshopper Investments - Zone Change from "R-1" Single Family to "B-1" Business. Chairperson Uecker called the meeting to order. The Pledge of Allegiance was given. Chairperson Uecker gave the invocation. Clerk, Eric C. Ferry called the role. Attending were Joseph W. Uecker, Mary Makley Wolff and Edwin H. Humphrey.

Chairperson Uecker opened the Public Hearing.

Mr. Ferry read the Legal Notice. Mr. Ferry read the Planning Staff Report (recommending approval), the Planning Commission Report (recommending denial) and the Zoning Commission Decision (recommending the application be denied).

The applicant was not in attendance to present the request.

Mr. Larry Fronk, Miami Township Planning and Zoning Director reviewed the application.

The Trustees could ask no questions, as the applicant was unavailable.

Chairperson Uecker called on adjoining property owners to comment.

The following people stated they were against the zone change: Jennifer Black 763 Wards Corner Road Marie Boudreau 6243 North Shadow Hill Dan Flannery 6247 North Shadow Hill Patty Ashpaw 6251 North Shadow Hill Steve Corbly 6149 North Shadow Hill Debbie Yarger 6245 North Shadow Hill

Mr. Ferry summarized the 58 e-mails and a petition with 228 signatures against the zone change.

Chairperson Uecker called on any other person in attendance for statements relative to this case.

The following people spoke against the zone change: Thomas Atkins 6237 North Shadow Hill Debbie Hoffer 755 Bramblewood Drive Joe Pravetz 767 Bramblewood Drive Emma Jost 6223 North Shadow Hill Jan Lee 887 Murle Lane Bill Buckhold 821 Briar Cove Court Bob Vogt 927 Murle Lane Brenda Gable 874 Murle Lane Margaret Meyer 891 Murle Lane

The following is a list of some of the residents concerns addressed by the adjoining property owners, other residents and e-mails received:

Not consistent with Miami Township's Comprehensive Goals and Policies Insufficient buffering between business and residential Drainage and possible flooding into Bramblewood

Increased traffic on already crowded Branch Hill Guinea Pike Bramblewood Subdivision will become more of a cut through Proposed driveway at rear of development fails to meet 50 ft. setback Increased noise Lights from development shining onto residential properties Hours of operation Aesthetics of storage buildings Business next to residential defeats intent of land use plan Control growth of commercial strip developments Etc.

Mr. Humphrey made a motion to close the public portion of case# 479. Mrs. Wolff seconded the motion. Upon roll call, all voted "AYE."

Mr. Humphrey made a motion to concur with the Rural Zoning Commission decision denying the zone change for case #479. Mrs. Wolff seconded the motion. Upon roll call, all voted "AYE.'

With no other business to come before the Board, Chairperson Uecker adjourned the meeting at 7:50PM.

ATTEST: _____________________________________________________ Eric C. Ferry, Clerk

_____________________________________________________ Joseph W. Uecker, Chairperson

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