HERMITAGE — Residents of the Valley View Road area of Hermitage who have opposed the Quaker Meadow development walked out of the city commissioners’ meeting Wednesday before the commissioners had finished voting.

After solicitor Thomas W. Kuster told commissioners that he did not believe there was any basis for the commissioners to vote against three plans concerning the development, residents knew how the vote would turn out.

“We’re doing what we’re doing because we’re under orders,” said Commissioner Duane J. Piccirilli, who contributed to the unanimous vote to approve the development’s final plan and two subdivisions.

To go against those “orders” likely would cause the commissioners to incur more legal fees for a doomed legal position. Commissioners denied an earlier Quaker Meadow plan, although they later conceded the plan met all applicable laws. The developer sued and won its case in Mercer County Common Pleas Court.

Ron Orndorff of 2596 Valley View, the earliest and most frequent campaigner against the plan, thanked the commissioners for hearing residents’ concerns.

“I know you did everything you could to help us,” he said.

Quaker Meadow LLC of Westerville, Ohio, wants to build 40 homes on 26èacres connecting to Valley View and North Hermitage Road.

The company would rent the homes for 15 years and sell them afterward. There would be income limits set on those who could rent the homes.

Residents have complained the extra motor vehicles generated by the development would increase the existing traffic safety and congestion problems.

Orndorff’s wife, Angie, told commissioners that, “when an accident occurs,” and the city is sued, she and her neighbors will support the commissioners.

“You did everything you could there,” she said.

Piccirilli said safety remains his major concern.

Kuster said the commissioners’ function is adjudicatory, not legislative. Commissioners are charged with comparing the plans with the city’s zoning and subdivision ordinances, he said.

“If they comply, it is nondiscriminatory and the governmental board must approve it,” he said. “If it does not comply, denial would be appropriate.”

The developer has met the provisions of the ordinances, and the conditions set by Judge Thomas R. Dobson, who overturned the commissioners’ earlier denial, Kuster said.

“It is my recommendation that the board approve the plan as submitted,” he said.

Commissioner William J. Moder III asked if it would be appropriate to deny the plans on the basis that Hermitage Planning Commission recommended that it be denied.

Kuster responded that the commission is an advisory board and the city commissioners have the final say. He noted that planning commission had recommended approval of the earlier plan that the commissioners eventually denied, and added that he believes Quaker Meadow has taken into account the issues the planning commission asked to be changed. The plan has only been made better, he said.

“We don’t have a choice?” Piccirilli asked.

“No, I don’t believe we do,” Kuster said.

Responding to planning commission comments, Quaker Meadow officials agreed to move handicapped and visual- and hearing-impaired units away from the part of the road where most traffic must pass, and to make sure trees and other vegetation block the view of the rear of the homes from motorists on Hermitage Road.

Piccirilli agreed the developer has taken into account the concerns of residents and suggestions of city officials.

Commissioner Rita L. Ferringer said the developer could have avoided the opposition if it had met with residents before the plan became public, heard their concerns and offered to work with them.

She recommended that development officials meet with neighbors and “make an easier plan for them.”

H. William White III, Quaker Meadow’s attorney, thanked the city staff for working with the developer and commissioners for approving the plan despite “personal reservations.”

He said Quaker Meadow wants the development and the area to be safe, and to be an attribute to the area and the city.

“To any extent we can approve the area, we will,” he said.

Quaker Meadow officials said construction will begin this summer, although probably not before 60 days.