December 15, 2005

By Robert Mihalek

Village Council took action last week to approve two housing developments that include the construction of 27 housing units.

In two separate votes, Council at its meeting on Dec. 5 passed the first readings of ordinances approving parts of the Thistle Creek and Glenwood Springs developments. Council approved both ordinances by 4-0 votes.

Council will hold second readings and public hearings on both ordinances at its next meeting, Dec. 19.

Last month, the Village Planning Commission held public hearings on both projects and recommended that Council approve both of them.

The Thistle Creek ordinance would approve the final development plans of the project’s first phase, which includes the construction of 22 houses on 4.2 acres on King Street. The project is being developed by Phillips-Brown Homes, which is operated by Cathy Phillips and Jonathan Brown.

In the spring, Phillips-Brown purchased an eight-acre property, on King Street, from the Catholic Church for Thistle Creek. Then in July, Council agreed to sell one acre of the Glass Farm, which abuts the former Catholic Church property, to the developers for the project.

The Glenwood Springs ordinance would approve the final plat plan for the second section of a new subdivision, formally called Hugh T. Birch III, located on the south end of Yellow Springs, between Stewart Drive, Birch Street, Glen View Drive and East Hyde Road. The second section includes the construction of five houses and a stormwater detention basin on three acres.

In July, Council approved the first section of Glenwood Springs, which includes 35 homes on 17.5 acres. Construction of the first section is underway.

Purple Sage purchased Birch III, along with an additional 5.11-acre parcel, from Antioch University in April for $530,000. The developers donated the five acre parcel to the Glen Helen Association, after local residents expressed concern about the development of that land, saying that it is considered a part of Glen Helen.

Though Council is being asked to approve these two developments at the same time, the approval processes for Thistle Creek and Glenwood Springs are different.

Thistle Creek is being developed under the Village’s Planned Unit Development ordinance. The PUD process includes two steps: the preliminary plan and the final development plan. The preliminary plan for residential developments includes a rezoning process and information on proposed land uses, lot layout, the number and size of housing units.

Council approved the preliminary plan of Thistle Creek in September, agreeing to rezone the property to PUD-Residential.

The final development plans include more detailed information, such as engineering designs. Thistle Creek’s final plans include an area along King Street for a bike path into the development, said Council member Bruce Rickenbach, who also serves as the chairman of the Planning Commission.

Thistle Creek is the first project developed under the Village’s new PUD guidelines, which were revised to allow for greater flexibility and more creativity with developments.

Rickenbach described Thistle Creek as a “very creative development.”

Glenwood Springs is being developed under the Village’s subdivision ordinance. The final plat plan being considered by Council includes Purple Sage’s construction plans, lot and street layout and utility installation plans.

Purple Sage kept the property zoned as Residence A, which allows for medium-density, single-family dwellings on lots that are at least 75 feet wide and are a total of 10,000 square feet.

Rickenbach said Purple Sage followed a requirement from the Planning Commission to move the overflow area of the detention basin so it would not flood neighboring properties.

After the meeting, Assistant Village Planner Ed Amrhein said that, like the homeowners of the first section of Glenwood Springs, the people living in the second section would become part of the H. T. Birch III Homeowners Association, which was created as part of the development plans.

The association will be responsible for maintaining the development’s stormwater detention basin.

In other Council business:

• Local resident Bill Firestone questioned a new policy of drug interdiction instituted by the Yellow Springs Police Department and asked Council if it had approved the policy. Council has not approved the approach. He also said that there is a perception that “justice is not applied fairly.”

Council member Judith Hempfling said she has heard concerns about the department’s approach, suggesting that “it would be useful to have a public discussion on this.”

Council president Jocelyn Hardman said that the Village Human Relations Commission would be “a good place” for such a discussion.

Firestone responded by saying that the HRC is not a policymaking body, and he urged Council to adopt its own policy for the Police Department’s efforts.

• In separate votes, Council unanimously approved three pieces of legislation that affect the electric utility operations.

The legislation includes two emergency ordinances: one amends the Village’s pool power purchasing agreement to add Piqua and Celina to the pool, which is called the Western Area Service Group; the other amends the Village’s mutual aid agreement with American Municipal Power of Ohio (AMP-Ohio), the Village’s wholesale electric supplier. Emergency ordinances are approved with one reading, instead of two, as is the normal practice.

Amrhein said the mutual aid agreement was revised to expand the list of communities participating under the agreement, including communities in eastern Indiana.

Council also approved a resolution approving a new master service agreement with AMP-Ohio. Amrhein said the agreement was updated to comply with new laws and electricity issues.

• Council members reviewed and made several changes to Council’s official “rules and procedures” and to the guidelines for Council’s commissions. Council agreed to state that a Council member who believes he or she has a conflict of interest with a pending issue should seek advice from the Village solicitor.

Council members agreed to amend the commission guidelines to prohibit the Council president from serving as the president or chair of a commission and to add language encouraging commissions not to appoint Council members to their chairmanship of the commissions except under special circumstances.

• Council unanimously approved a resolution adopting a policy for the disposal of surplus property valued at under $1,000. The policy allows the Village to sell, trade in or donate such items.

• Amrhein reported that street paving has concluded for the calendar year, though the contractor, A&B Asphalt Corporation of Springfield, did not complete paving on West Limestone Street. He also said “some measure of the contract was done out of spec,” and the Village is “prepared to enforce” the warranty of A&B’s work, if necessary.

The project also included repaving portions of Spillan Road and Corry, Allen, East Herman and South High Streets.

Contact: rmihalek@ysnews.com