WASHINGTON COURT HOUSE, Ohio — The Washington C.H. City Planning Commission met in city council chambers Tuesday to hear the pros and cons of approving the preliminary plat submitted by JBL1 Properties for the Farmington Lane extension development.
The attorney for JBL1 Properties, Mark Miller, spoke first to express the developer’s position on the plans submitted for approval. The lot has been zoned R3 (multi-purpose housing) for approximately 24 years. There have been no out-lot sales, and the lot zoning and size is the same as it was in 2000. He also said that changing the zoning code would be against the existing laws.
The preliminary plat that was submitted was adjusted for the proper right-of-way access and should be approved since it complies with all zoning and building codes in the city, Miller said. He said his client would be under an undue burden if there was a zoning change.
Attorney Derek Muncie spoke next and said the open space needed to be reviewed, and there has been no open space discussion regarding this project. He said the designation to add a right-of-way should go to city council or the zoning needed to be changed to a PUD (Planned Unit Development), which allows for deviations from zoning standards.
Muncie said they should table this vote, or fix the zoning, or require a variance, because the threat of litigation was brought up in a prior meeting. In a prior meeting it was mentioned that you can’t tell people what to do with their property, but he said due to zoning codes and regulations, you can tell people what to do.
There were approximately 42 people in attendance and from the audience, Hugh Barnhill of Courtney Drive spoke regarding the increased traffic, potential lowering of property values in the area, and the disturbance of the peace and tranquility of life in his neighborhood. He does not feel this planned development meets the density requirements.
Doug Martin of Farmington Lane asked the commission to table this item until they find out if buildings can be built on what he called a “spoil of land.” He said many years ago that land was a cornfield. He believes the development is too high density and he wants to protect the infrastructure of Quail Run.
Kyle Reed, an employee of JBL1 Properties, spoke to the commission and said they brought the new preliminary plat before the commission with all set-backs and a dedicated right-of-way, according to current zoning laws. He asked for the commission’s approval for this project.
Commission member Kirk Wilson said that the open space review had already been done, and the modifications of the new plat meet all regulations of the codes.
Muncie had a rebuttal statement saying there is an unobstructed pool in the open space and he does not agree with the right-of-way extension. He said his clients are not opposed to new development, they just don’t want apartments on that lot.
Muncie again said he requests they table the vote, change the zoning code, or deny the developer’s plans outright. Muncie said there has only been one traffic study done regarding the egress/ingress at this lot, no speed test was studied, and asked about the capacity of the city services, such as police and fire protection. He opposes the 72 apartments on this six-acre lot for density purposes.
Building official Rod Bryant said the planning commission’s job is to enforce subdivision regulations, and city attorney Mark Pitstick said their job was to deny or approve the newly submitted preliminary plat if it complies with all laws and regulations.
Commission chairman Keith Eckles then called for a vote to approve or deny the proposed plans for development. The vote was four to one – the plans were approved.
