On Wednesday, March 9, members of the Clark County Rural Zoning Commission held a public hearing regarding the rezoning of property located in Mad River Township along Hunter Road and Fairfield Pike. The property owners, William and Cheryl Herrmann, purchased the property which is unique in the fact that two parcels are located in the Village of Enon and two are in Mad River Township.
Stephen Butler of Community Civil Engineers located in Beavercreek, represented the property owners at the hearing. He stated throughout the hearing when he spoke that he has submitted a “concept map” and that the suggestion for the lots in no way was the actual plan. He suggested that he was at the hearing looking for comments and to say that he had in fact moved the original site of the storm water pond out of the flood plain along Mud Run.
As he spoke to the panel, he stated that the intent for the property included “integrating features” of the land into the development . He noted that the smallest lot planned would be half an acre with others being larger depending on the location and the natural setting. “We want to create a new development,” said Butler of the plan to incorporate trees and dealing with the limestone shelf that runs within the property. In regards to drainage problems in the area that currently exist in Houck Meadows and along Mud Run, Butler stated: “I would do it right in the first place and any issues on our property we take care of.”
Bob Jurick, a member of the commission, asked Butler about the placement of a retention pond on the property and how he plans to deal with the wetlands that already exist. Butler noted that he has a “wetland expert on staff” and was prepared to deal with the situation.
Jurick went on to ask Butler if he was aware of the addition to the Clark County Land Use Plan that is specific to Mad River Township. Butler stated that he was “somewhat” aware of the additional specifications for development in the township. Jurick went on to read the specifics of the plan for future residential properties and developments. He noted that in the additional specifications, the township recommends no lots smaller than half an acre and actually suggest having larger lots in developments. Jurick also noted the need for “open public space” such as walking trails within subdivisions.
Throughout the hearing the commission reminded the audience that Clark County has rezoning as the first step and then moves on to approving the subdivision plans. It was suggested during the hearing that this type of planning does not allow for citizen input because a full plan is not submitted to the county until after zoning is approved. Butler noted in his comments that asking a developer to invest in a comprehensive plan is expensive with no guarantee of rezoning.
Over 50 residents and local government representatives crowded into the small hearing room so that they could speak to the commission regarding their concerns for allowing the property in the township to be rezoned.
Residents of both Dove Court and Cardinal Drive reported flooding problems that currently exist during any thunderstorm. Neil Blevins, a resident of Cardinal Drive, brought a video presentation to share with the committee showing an eight-foot-deep trough of water flowing down the street and flooding yards and the street during a recent heavy rain storm. Blevins noted that the flooding can be seen anytime there is a rain storm and that the video was not taken in 2014 when the area was covered in water.
Residents confirmed to the Enon Eagle that no storm drains exist in the Houck Meadows subdivision and that a system of drainage ditches at the front of the properties near the street carries storm water. This is a similar situation as currently exists in West Enon where flooding is also occurring.
David Eviston received applause from the residents as he told the committee that “approving this today is reckless.” He noted that the plan presented was “loose” and could be modified. “These are real people with real concerns.” said Eviston. “Mr. Butler doesn’t care about us and neither do the Herrmanns,” said Eviston in his impassioned plea to the commission regarding the many concerns expressed by residents present.
Residents of Hunter Road and Fairfield Pike who have properties located near the proposed exit points in the planned development expressed concerns for an already busy roadway and the potential for accidents if the developer is allowed to exit at the midpoint of the hill on Fairfield Pike. One neighbor suggested that a flat plan on paper is one thing, but to come out and visit the actual location would give the commission a better idea of the plans and how they will impact safety along the narrow roads.
Mad River Township Trustee Kathy Estep spoke on behalf of the trustee board regarding the proposal. She acknowledged that the site is part of the “planned development area” on the Land Use Plan and if Butler and the Herrmanns were to follow the township-specific guidelines, it would answer the concerns brought to the hearing by residents. She requested that the committee should table the rezoning proposal until the Herrmanns brought a planned development proposal to the county which follows the existing requirements for township growth.
Enon Mayor Tim Howard also spoke regarding the concerns of the village related to storm water runoff, the impact on Mud Run, and the properties to the north and west of the proposed development. He noted that problems already exist in the area.
In his rebuttal, Butler stated that there was “a lot of passion in the room about drainage.” He reiterated his knowledge that the “water flow is north to south” on the property and that “we don’t contribute to the east” problems as outlined by the residents along Cardinal Drive which is adjacent to the property in question and that has had significant clearing done already. A similar situation arose when land along Stine Road was cleared and flooding became a problem in both West Enon and the Green Meadows subdivisions in 2014.
Butler noted that he would move the drainage pond to the village property but could not say if he would use a detention pond or a retention pond at this time.
During his rebuttal, Butler acknowledged that the development would be done in phases and could take between five and ten years to complete. One resident had spoken to the fact that housing already exists on the open market and used an example he found online of 41 available homes. It was also noted that not all of the properties located in The Bluffs of Enon have been sold and are still available for those wishing to move to the area. Butler maintained that the area needs homes to draw business to western Clark County, which is a goal of the current county commissioners.
Butler could not provide any information on the value of the lots to be developed, but noted that he would need to revise the original plan as some lots were located in both the village and the township leading to jurisdiction concerns.
Prior to the vote by the commissioners, Bob Jurick stated: “development is a gamble” and suggested that the questions could not be “resolved in a month.” He suggested that by following the township plan, the questions could be resolved. It was noted that the burden is on the applicant to show a need for rezoning to an R-1 development. Jurick noted that in the past, the township residents have put three referendums on the ballot to oppose development that did not follow a plan that was outlined by the township. At least one of those properties remains undeveloped. Jurick noted “we want smart development” referring to the efforts taken by the township to add the plan to the county planning documents. Longtime residents will recall the referendum on the “White Oaks” property located near the Enon VFW extending to Creekside Condos. The original owner, Scott Owens, came in with a plan for very dense development of eight homes per acre and voters in the township defeated the plan by referendum.
All five members of the committee voted against the rezoning despite the recommendation by Alan Neimayer of the Clark County Community Development to approve the rezoning based on input from the county departments who review the applications. The Clark County Commissioners also recommended approval of the rezoning.
Following the decision, the Enon Eagle asked Butler about his reaction to the decision. “I think there is a need for new housing,” said Butler as he expressed his disappointment regarding the decision by the commission. He suggested that the drainage issues in the village swayed the decision.
When asked about the next steps for the property owners regarding the rezoning and development, Butler declined to comment.
The Rural Zoning Commission is made up of five members from townships within the county. Chairperson Ken Brust is from Moorefield Township, Vice Chairperson John Hays is from Green Township, Bob Jurick is from Mad River Township, Pete Lane is from Bethel Township and Wayne Leis is also from Green Township. Public hearings are held on applications for rezoning requests. The commission members are appointed by the Clark County Commissioners.