of Chillicothe, Ross County & South-Central Ohio
of Chillicothe, Ross County & South-Central Ohio
updated 2/14/05, 10/15/04, 9/21/04, 9/9/04, 8/26/04, linked 8/18/04, revised 7/26/04 from May and June
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| A view of the back of the L.T. Franklin house its first winter, looking southwest towards Western Avenue. The sparsely populated (and travelled) road is visible on the far right. |
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.
What all has happened in regards to this? See the Timeline for the L.T. Franklin / Henry Barlow Property.
All links on this issue:
This is 7.2 acres owned by Henry Barlow, who owns the "Sparkle Clean" dry cleaning business in Central Center. (His daughter is Toni Barlow Eddy, the city Law Director of the City of Chillicothe, who had to bow out of advising the city on this issue).
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| Western Avenue traffic zips past the front yard of the L.T. Franklin house and the amputated stone bridge that serves it and the neighboring John Franklin house. |
The parcel is bounded by the Family Healthcare medical office building (former car dealership) to the west, Chillicothe Country Club to the north, and the other part of the estate-like parcel and Governor's Place Apartments on the east. The lot line follows the private drive that comes off Western Avenue and crosses the little stone bridge.
The drug store chain Walgreen's is proposing to have the seven acres rezoned from R-4 residential to C-4 commercial, after which they would build a 14,820-square-foot Walgreen's store on a 1.45 acre parcel in the southwest portion of the tract close to the intersection with Plyleys, and market the eastern part probably to a restaurant. The remaining acreage, running back to the Chillicothe Country Club, was originally proposed to be divided into two more lots and also marketed.
A few people spoke in opposition of the plan during its first discussion May 12th, including city councilman and nearby resident Joe Herlihy, who said that "this is a very attractive residential parcel," and that a lot this size on a street like this should have a comprehensive plan, especially including its impacts on Governor's Place and the country club. The Walgreen's spokesman rebutted by asking "is R-4 [single family residential] the right zoning? I think not - that's not what the city would want."
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| Aerial photo of the parcel, from the Ross County Auditor's web site. The parcel is outlined in yellow, with Western Avenue running along the bottom. Only the south part of the parcel is requested to be rezoned now. |
The city doesn't want large attractive houses set back on a large park-like parcel on a busy arterial street? ...Well, unfortunately, the tendency is for the city and those in power to agree with the spokesman.
The drug store and possible restaurant would be built on the level grassy area along Western Avenue (former wetland that was filled in several years ago). An access road would come out of the intersection and then return to the road about where the stone bridge is. The Zoning Commission also mentioned the possible need for a turning / deceleration lane for westbound Western Avenue there, as one member admitted, "though the speed limit is 35, it's not uncommon to see speeds of 40 to 45."
All these factors would result in more commercial frontage on Western Avenue, less open green space, more environmental degradation, more roadway creep towards Governor's Place pond and the wetland, encouragement of speeding traffic instead of traffic management, and destruction of the stone bridge.
There was some discussion about the possibility of a large retail store to build there, like Wall-Mart or Kohls, but the consensus was that the acreage was too small.
However, what if one of them offers a price to the medical office that they can't refuse, and we end up with something big there smack against the country club and the Governor's Place landscape?
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| A view of the front of the L.T. Franklin house its first winter. |
This was the home of Dr. L.T. Franklin, and the neighboring house was built by his brother John Franklin. Both houses shared the 15 acre grounds.
The house was built about 1926-27 in the English Tudor Revival style, and as indicated by the stone bridge at Western Avenue for the shared driveway, the grounds were also a part of the styling. The houses and grounds were designed by a Cincinnati architect preeminent in the Tudor Revival style, the 15 acre parcel being chosen to provide the ideal setting. The houses imitate those of medieval and post-medieval England, with their rambling asymmetry, decorative half-timbering, multiple steep gables, and other elements.
The driveway crossed the stream over the stone bridge in front, and the houses were placed far back from the road atop a bluff, as if overlooking English sheep pastures. The bridge was built of random-coursed stone and even has shingles topping its corner posts as if it were a rickety wooden structure. A small swimming pool completed the pleasure grounds.
When trees along the stream still screened the houses from the road, visitors would have believed they were actually in England. (On the L.T. Franklin house, Mrs. Franklin insisted on having wooden siding put over the half-timbering, hiding it, so the house appears less Tudor styled and newer than it really is.) The bridge was been amputated by the widening of Western Avenue several years ago.
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| A view of the front of the L.T. Franklin house after being sided, about 1950. |
When the Barlows acquired the L.T. Franklin part about 11 years ago, they deeply invested in renovating and updating the house, and cleared out some of the aging landscaping to make maintenance of it easier for Mr. Barlow. But even with recent changes to the houses and ground, the parcel should still be eligible to the National Register of Historic Places. A listing on the National Register would allow tax credits for sensitive renovation or construction on the property, such as an English village styled development in front, for which plans exist.
Zoning decisions are usually not decided at the first presentation, especially if the presentation is by a developer. Otherwise, why bother with the regulation if any changes go through without delay? But that is what happened at the meeting on May 12th - the zoning was approved to be changed from R-4 to C-2.
(I had incorrectly reported that late-arriving board member Mayor Joe Sulzer voted "yes" for the proposed change at the May 12th meeting. I was in error: he simply voted "present," which means that he abstained. Apologies for my error.)
"R-4" allows four residences per acre; "C-2" allows two commercial buildings per acre. (The board also discussed if denser C-3 or C4 might be needed.) Decisions by the Planning & Zoning Board are only recommendations; it is up to city council to make final decisions, which usually happen several weeks later.
Petitions are being circulated regarding this property. You can contact me, Joe Herlihy, or members of the Chillicothe Conservancy, and others for copies.
However, the city goofed in preparing for the May 12th meeting, which delayed any action by the Planning & Zoning Board. There were mistakes involving the public notice for that proposal:
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.
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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. |
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. Coucilman Herlihy's full letter is in a sideline story. Below is an excerpt:
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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. ... 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. ... |
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.
The pride of being part of the president's visit to Ohio, and a recent tour of Mead-Westvaco by one of the council members, were both brought up in council. Joe Herlihy added that the recent addition of Westvaco to Chillicothe has brought in new managers who were impressed with Chillicothe, and that "we need to recognize what is valuable in Chillicothe - for example, 989 Western Avenue."
As he segued into the topic, I noticed Major Joe Sulzer shake his head, roll his eyes, and mouth something to the effect of "not that again" or "will he give it up already."
Clearly Mayor Joe had his mind decided on this issue long ago.
Soon councilman Eric Rinehart, the development chairman, responded to Herlihy's statement. He said that he wants investment in Chillicothe, and "right now we have one person who wants to invest in our community, and that needs to be in the forefront. Eight of us will be making an important desicion shortly."
"Yes, and we must consider all considerations," Joe rebutted. Referring to how Western Avenue is still too narrow even after its widening several years ago, he said "we have an undersized corridor that we will impose new development on, and that impacts all nine of us."
City Council President Bob Shoultz apparently responded to this reference to himself, and referred to comments he made earlier the previous week. "I want those who follow us to have the same opportunities."
Opportunities to appreciate open, green space on the city edge? Inside the city? Revitilized downtown buildings that weren't left empty and sapped by suburban developoment? Streets that are not overly congested and dangerous? Wise development designed to accent our community, and not conform and mutilate it into somewhere else that has no character?
Yes, we have investors waiting at the gate. But if they can and will wait to do the right thing the right way than we can let them in. Otherwise, its worth waiting for better.
The September 20th Chilicothe City Council was a review session. No one from the audience was permitted to speak, which disappointed Mr. Herlihy, who had never been to a review session where no one from the audience was allowed to speak. That was at the discretion of City Council President Bob Shoultz.
Oops - I'm told that President Shoultz was absent, and that councilman Michael Scholl was presiding. Apologies.
When I arrived, Council Member Bart Henshaw was reviving her classroom skills by chalking up the pro et con list on a chalkboard:
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City council was clustered on the left side of the chamber, on the same side as Johnathan Wocher, the developer's representative, along with Mayor Joe Sulzer. Council member Joe Herlihy was almost along on the right side. Council member Bart Henshaw was in the middle.
More is in the full article on the September 20th City Council Review Session
Clear Channel radio produced a good story on the meeting. The story mentions that At-Large Councilman Joe Herlihy is "leading a crusade against the rezoning legislation."
Do we worship "progress"? Are we bought off by the mere mention of "jobs"? Do we allow owners of historic properties, of important parts of our community, to neglect their civic obligation and rape thier properties for money?
I fear that the answer has not changed in many years.
What happened?
Below is a Sampling of quotes (and paraphrases) from the public participation of the October 11th City Council Legislative Session:
More is in the full article on the October 11th City Council Legislative Session where council was open to public perticipation about the issue - which was to be voted on, but was postponed.
More is in the full article on the October 13th City Council Legislative Special Session where council finally voted on the issue - and it failed.
"A good Master Plan and its supporting Zoning Code provides for orderly change, where change is needed, and for no change, where the established character is a major element in the Community's quality of life." Such was reported in the "Sound Planning and the Enforcement of the Chillicothe Zoning Code"
Presentation.
Henry Barlow and Anchor Properties Inc. have filed suit in Ross County Common Pleas Court. The lawsuit claims that two council members should have been allowed to vote but weren't, requests that a jury determine the amount of damages, and and requests that the city cover the court costs. More in the Barlow Sues City sideline article.
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