of Chillicothe, Ross County & South-Central Ohio
of Chillicothe, Ross County & South-Central Ohio
updated 9/22/04, new/revised 9/10/04, updated 9/14/04
The large residential lot at 989 Western Avenue, on the north side of the road, just east of its intersection with Plyleys Lane, is on the road to becoming a commercial development. It may be graded and paved over after discussion of its use in a zoning board meeting May 12th...and then again July 14th. A 14,820 square foot Walgreen's drug store is proposed for the 1.45 acres parcel in the southwest portion of the tract.
All links on this issue:
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| A panorama of the property as it is now...before any more changes. This is the first of a series of visual suggestions of what might happen with this property if it is rezoned. |
However, the city goofed in preparing for the May 12th meeting, which delayed any action by the Planning & Zoning Board. ... The board was notified of the two mistakes - and in the June 9th meeting the board decided to rescind their decision, re-do the notice, and discuss the proposal at the July meeting.
Marvin Jones, director of the Chillicothe Ross Chamber of Commerce, spoke on behalf of developing the site at the commission meeting. A brief brief on it (accurately mentioning the Chillicothe Conservancy as opponents) was in the July 16th Chamber weekly newsletter.
I took extensive notes of the July 14 Zoning Commission meeting when this issue was re-debated...and re-approved, and have all 6+ pages online. (new 9/10/04)
As it progressed through its three readings in Chilicothe City Council, the ordinance to rezone this parcel has gotten its share of commentary on August 9th, 23d, and September 13th.
I missed the first reading, but caught the second, and heard the council president bristle when council member Joe Herlihy brought up the issue again in council.
Herlihy passed out excerpts from the 1993 traffic study of Western Avenue (which had traffic numbers from 1991). He had talked to the city engineer about traffic concerns resulting from full or partial development of the site. Herlihy's summary was that:
At the August 23rd council, Herlihy read a letter that he had written to council regarding the issue:
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From: Joseph D. Herlihy Subject: Zoning on Western Avenue The Planning Commission on 14 July held their monthly Planning Meeting. The Zoning of approximately 3 1/2 acres at 989 Western Avenue was recommended for a radical change in zoning from R-4 to C-4. This is a mistake. The Planning Commission meeting was packed with citizens on both sides of the issue. Mostly in opposition, these citizens expressed concern about the lack of planning. Mayor Sulzer spoke eloquently about the 1991 Traffic Study. He stated additional curb cuts on this stretch of Western Avenue are verboten. He clearly described the need for additional right-of-way to allow a turning lane for both east and west bound traffic on Western Avenue. Did this stop the Planning Commission? No. This issue has been looked at before. Attached is a March 1986 Gazette article. If you read the article, you will see the Planning Commission faced with the same issue, recommended that the City seek professional advice. This advice ruled against the change. Did this affect the Planning Commission? No. There was a great deal of concern that if the zoning were changed at 989 Western Avenue, this would result a complete conversion of the whole neighborhood to commercial use. One long strip mall from University Drive all the way to Plyleys Lanes - on both side of the street. With all this potential change on Western Avenue between University Drive and Plyleys Lane, you would think the Planning Commission would be concerned about this much change. Did the Planning Commission have any concerns about this? No. So one has to ask. What is the purpose of a Planning Commission that does no planning? This is very sad. We have a Planning Commission who has no idea why they exist. The Mayor himself expressed his frustration with the Planning Commission. He wondered out loud about how the Ohio State Legislature should change the law and eliminate the need for a Planning Commission. This is nonsense! Maybe this Planning Commission should change it's name to "I do not know why we are here" Committee. Folks, we need professional advice when it comes to carving up the most beautiful section of Western Avenue. I know this will be put in Committee, but this Council has no business considering this change in zoning until this has been properly studied and planned. There are massive hidden costs that will fall on the taxpayers' shoulders if Council passes this. We will have forever altered the lives of every Citizen of Chillicothe who drives out Western Avenue. This is risky business. I urge President Shoultz and the Development Committee to go slow, and make sure you get professional advice before we start down a path of destruction and regret. Respectfully, Joseph D. Herlihy |
In the September 13th Chilicothe City Council, the ordinance to rezone this parcel was held off from a third reading to allow for a council review session next Monday, September 20th, and a public hearing October 11th.
Yet again, on the 13th Joe Herlihy preached on this issue. Is he getting enough converts to defeat it or to slow the rezoning to allow for better judgement? We'll see. More is in the main article on this issue.
Since Council Member Joseph D. Herlihy is at the forefront of this issue, I asked him a few questions about it.
What exactly is the difference between the review session September 20th vs the public hearing October 11th? What can people expect to see, and how much an they participate in each?
Herlihy: Review Sessions are informal Council meetings. The intent is to allow a more open discussion on a particular issue. There is an understanding Council runs the meeting, and that input from the audience/public can be limited.
(The September 20th review session will be relaxed with opportunity for give-and-take among council members. Council will have the discretion to allow audience participation, but it can be limited - there is no requirement to allow it like in the following public hearing the next Monday. A few may be allowed to speak, especially if they have prepared statements. 989 Western Avenue will be the only topic to be discussed in this meeting, so it will have everyone's focus.)
Update: See the article about the September 20th City Council Review Session new 9/21/04
Herlihy: Public Hearings are formal, citizen based comments. They are scheduled events and must be properly notified by the local media and usually deal with pending Council action. Public Hearings occur prior to a Council Meeting, and the public is invited to comment, on the record.
(The October 11th public hearing will be the last legislative council meeting before the final decision on the zoning issue the next Monday. Audience participation will be allowed without need for permission from council.)
Herlihy: The spirit and intent of both meetings is to build awareness of an issue, and to encourage public participation in the local government.
What voting will be requirted to pass or defeat the rezoning?
Herlihy: A simple majority of 5-4 would be sufficient to enact the zoning change.
Herlihy: There is a requirement that a minimum of seven council members vote, and that there are 5 affirmative votes (i. e. 7 members vote, a 5-2 vote).
What else can people do about this?
Herlihy:
Letting Council Members know what you think is critical to success.
What are your feeling on how this is progressing? (Any future battles to prepare to wage?)
Everything depends on the activism of the citizens. Our chances are in direct proportion to the community involvement.
Mr Herlihy has also stated that Western Avenue needs to be five lanes (with a fifth, center turn lane), not just four, and widening it will probably require the purchase of two million dollars of right-of-way. This is de facto "spot zoning." These three acres will be a referendum on all fifteen.
(And, on the 50+ acres among the eight parcels beside, behind, and across Western Avenue!)
The October 11th city council meeting will be the final say on this zoning issue - either it will be approved, or not. If "yes," there will be the opportunity to fight the decision with a referendum. If "no," the owner and developer can always come back and re-request.
But do you really think they will wait to see if a referendum comes their way, and not begin cutting trees and grading land the day after they get the green light?
More soon...
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