MIAMI TOWNSHIP BOARD OF TRUSTEES

SPECIAL MEETING

FEBRUARY 13, 2002

The Miami Township Board of Trustees met in a special session for the purpose of a Public Hearing of Zoning Case # 473 - Kohl's Department Store.

Chairperson Uecker called the meeting to order at 7:15PM. The Pledge of Allegiance was given. Mr. Humphrey made a motion to appoint Larry Fronk as acting Clerk due to Mr. Ferry's absence. Mrs. Wolff seconded the motion. Upon roll call, all voted "AYE." Mr. Fronk called the role. Attending were Joseph W. Uecker, Mary Makley Wolff and Edwin H. Humphrey.

Chairperson Uecker opened the Public Hearing. Mr. Fronk read the legal notice, the Planning Staff Report and the Planning Commission Report recommending approval with three conditions, 1) Applicant be issued a Section 404 permit from the Army Corp of Engineers and an individual Section 401 permit from the Ohio EPA. 2) All recommendations of the Ohio Department of Transportation be met and 3) That the applicant respond to the comments of the Clermont County Engineer assuring that drainage issues in that area would be resolved. The Rural Zoning Commission recommended approval with conditions. 1) That there be cross-access easements to both east and the west properties. 2) That a traffic light be installed on State Route 28. 3) The applicant mitigates all the issues of the traffic impact study and resolves some landscape issues at the rear of the property.

Lanie West, a representative of Wolpert, site engineers for Kohl's Department Store, presented the application for zone change. Ms. West presented site plans and design plans for the proposed project. Mr. Jack Gehrum reviewed the traffic study. There were no questions from the Board members. Chairperson Uecker called on adjoining property owners. Mr. Rick Herzog of 85 WaxWing, Reading, Ohio, owner of the miniature golf complex at 1182 and 1192 State Route 28 stated he was all for the project. His concern was that his business be included in the access to the traffic light. Mr. Dale Roe of 9075 Lucham Ridge stated he and his mother are in favor of the project. Chris McBrown of 1155 State Route 28 stated she and her husband are in favor of the project. Vicki McFadden of 1171 State Route 28 stated she and her husband are in favor of the project. There were no communications relative to the case. Chairperson Uecker called on any other person in attendance for comment. Mr. Richard Heuber stated he was in favor of the project but was concerned about access from his property. Mr. Fronk explained a proposed plan to extend the service road from the Home Depot property to the Kohl's property. Michael Marshall of 6088 Donna Jay Drive stated he was opposed to the project due to the impact of traffic before ODOT widens this section of State Route 28. Karen Budkie of 5923 Pinto Place stated she was against the project until the roadway is widened. David Pack of 1345 Prayview Court stated he was opposed to the project. Miami Township Police Chief, Steve Bailey discussed the proposed project, specifically, the addition of another traffic signal in this area. He stated he looked forward to having Kohl's in Miami Township but suggested an alternative traffic solution be sought. Michael Budkie of 5923 Pinto Place stated he was opposed to this development. Chris Duffy of 5933 Woodspoint Road asked about privacy fencing or other means of protecting the neighboring residential areas. There were no other public comments. Mrs. Wolff made a motion to close the public portion of case # 473. Mr. Humphrey seconded the motion. Upon roll call, all voted "AYE."

The Trustees discussed the request and proposed project. It was determined more time was required to review the traffic impact study and other materials.

Mr. Humphrey made a motion to continue the decision to the March 5th regular board meeting. Mr. Humphrey seconded the motion. Upon roll call, all voted "AYE."

Mrs. Wolff made a motion to adopt RESOLUTION 2002-05 authorizing the selling of Anthem stock. Dispensing with a second reading. Mr. Humphrey seconded the motion. Upon roll call, all voted "AYE."

With no other business to come before the Board, Chairperson Uecker adjourned the meeting at 8:15PM.

ATTEST: ______________________________________________________ Larry Fronk, Acting Clerk

______________________________________________________ Joseph W. Uecker, Chairperson