As a result, the Pointe Oakwood Master Plan has been amended numerous times. The original Master Plan included single-family homes, attached residence units and duplexes, a professional building, and four mid-rise (4-story) condominium buildings. Since then, the following plan amendments have been approved:
- In May 2008, the professional building was eliminated and replaced with attached townhomes; attached residence units near the Far Hills – Schantz corner were replaced with single-family homes; and the four mid-rise condominiums were replaced with two higher-rise (7-story) condominium buildings at the west end of Old River Trail.
- In December 2009, the number of duplex units was reduced.
- In February 2011, duplexes planned for Old River Trail were replaced with single family residences, and the configuration of lots along Far Hills Avenue was changed to accommodate homes with larger floor plans.
- In March 2012, the attached townhomes were eliminated and approval was granted for an assisted living facility at the northeast corner. The assisted living approval has since expired.
- In July 2012, the high-rise (7-story) condominiums on Old River Trail were eliminated; and four 2- and 3-story condominium buildings were planned at the corner of Far Hills and Schantz Avenues.
- In July 2014, the condos planned for the Far Hills-Schantz corner were modified, going from four to three buildings and increasing the number of units from 20 to 23.
In February 2016, City Council held a public hearing on two additional proposals. One proposal was called “The Pointe,” which was a modification of the condos on the Far Hills-Schantz corner that would increase the number of units from 23 to 32. The other proposal was called “The Trails,” which was an 84-unit condo development with a pool and clubhouse, proposed to be built along Old River Trail. Both proposals were subject to public hearings before the Oakwood Planning Commission, and the Commission had unanimously recommended that Oakwood City Council approve both The Pointe and The Trails.
At the Oakwood City Council public hearing last February, over 65 Oakwood residents spoke against the proposals. It was one of the longest, if not the longest, Council meeting we have ever had. Council was not persuaded by arguments against “renters,” but there were some legitimate concerns about possible increases to traffic and density in the development. Some of Council felt that traffic and density would not be an issue; some of Council felt this was, in fact, a significant issue. Ultimately, Council voted to approve The Pointe and to deny The Trails.
The decisions by Council led to a pair of appeals in the Montgomery County Common Pleas Court. One was filed by a group of 14 Oakwood residents, all of whom live in or adjacent to Pointe Oakwood, who appealed the decision to approve The Pointe. The other was filed by OIG and Hills Properties, who appealed the decision to deny The Trails.
One of those cases has been decided in the city’s favor, and has been appealed to the Second District Court of Appeals. The other case is still pending at the Common Pleas Court. While the City has been litigating these cases for almost a year now, it has also been keenly aware that no further development has proceeded at Pointe Oakwood. For the city, for the developers, and most importantly for the residents who live there, there has been a cloud of uncertainty over what the rest of the development would look like and when it would be built.
While the cases have progressed in court, the City has been working with those 14 neighbors and the developer to negotiate a Settlement Agreement that resolves the issues in dispute…and believe such an agreement has been reached.
The Settlement Agreement being considered tonight is an effort to reach a global resolution of the issues in both appeal cases. Although Council has reviewed the agreement, Mayor Duncan summarized the significant items in the Agreement for the citizens of Oakwood tonight:
- OIG and Hills Properties will abandon the proposal to build The Pointe, which was the 32 condominium units at the corner of Far Hills and West Schantz Avenues. Instead, that land will be re-platted for the development of two single family homes along West Schantz, two single family homes along Far Hills, and a dedicated public greenspace at the corner. The re-platting will take place within 120 days, at which time the greenspace will be deeded to the city with restrictive covenants to prevent any future non-public use or development.
- OIG and Hills Properties will build 84 condominium units known as The Trails along Old River Trail.