• There is an area of approximately five acres of land in the southwest corner of Pointe Oakwood that was originally planned for residential use. Under the Agreement, OIG, with the concurrence of the residents of Pointe Oakwood, will pursue a Master Plan amendment to change the use from residential to commercial. This amendment will require a new application, public hearings, and approval by the Planning Commission and City Council. OIG plans to construct a three story office building to complement the existing Sugar Camp commercial campus. Vehicular access and parking for the office building would be from Sugar Camp Circle and not from Pointe Oakwood Way, thus eliminating the possibility that the five acres would generate additional traffic through the neighborhood.

• The Court will retain jurisdiction to enforce the Settlement Agreement, meaning there will be no further amendments to the Master Plan other than the office building proposal that OIG has agreed to pursue, and only if that amendment is approved.

The original Master Plan approved a density of 125 dwelling units in the development. That number has gone as high as 147 with some of the amendments that have been approved, and would have increased to 163 if both The Pointe and The Trails were approved. With this agreement, the final density will be 135 units.

It is important to note this agreement has the unanimous support of the 14 neighbors as well as the owner and the developer. They have all signed the Settlement Agreement, and if Council approves it tonight, the parties will file same with the Montgomery County Common Pleas Court. Although the City is optimistic of court approval, the Agreement will not take effect unless and until it is approved by the Court.

The City has known for many years that Oakwood needs additional housing options, and condos have been a part of every version of the Master Plan since the beginning of this development. Council believes this agreement resolves the traffic and density issues to everyone’s satisfaction, and Pointe Oakwood will be a point of pride for Oakwood for years to come.

Mayor Duncan thanked Oakwood residents; not just the 14 neighbors who participated in negotiating this agreement, but also the many others who take pride in their community and came to speak about this issue last February. He also thanked OIG and Hills Properties for their continuing interest in building something of lasting value in Oakwood. This agreement required reasonable cooperation from all parties and Council saluted all of them for their efforts in negotiating an agreement that benefits the entire community.

Thereupon, it was moved by Mayor Duncan and seconded by Mr. Stephens that the resolution be passed.

Mayor Duncan shared that a copy of the settlement agreement is attached to the copies of legislation provided at the meeting.

Upon call of the roll on the question of the motion, the following vote was recorded:

There being three (3) yea votes and no (0) nay votes thereon, said resolution was declared duly passed and it was so ordered.

Vice Mayor Byington and Mrs. Hilton rejoined Council on the dais.

STAFF REPORT – NONE

CITY MANAGER’S COMMENTS – NONE

COUNCIL COMMENTS – NONE

The public meeting concluded at 5:14 p.m.