Loveland, Ohio – “I have reviewed the CED application and the benefits it represents to the Loveland Madeira Road Business Corridor. Based on this review, I am submitting the application to City Council with a recommendation of approval and request that City Council schedule a public hearing to be held on September 28, 2021, to allow for public comment on the application,” Mayor Kathy Bailey said in a recent memo to Council.
Loveland Mayor Kathy Bailey (Loveland Magazine File Photo)
The drinking district, or “Community Entertainment District” (CED) within the Loveland Madeira Road business corridor would create 10 new D-5J liquor permits.
At the August 24 council meeting, City Manager Dave Kennedy described the effort as a new pool of liquor licenses, called D5-J, “…to help create a long and sustained turnaround for the Loveland Madeira Road business corridor.” He said it could expand the corridor’s opportunities for dining and entertainment-type businesses.
Mr. Kennedy added that, if a CED is created, a D5-J would cost the applicant a $100 processing fee and a permit fee of $2,344, a savings of $27,000.
The proposed district would encompass 54.029 acres between the intersection of West Loveland Avenue to Kroger, including all of the city’s Chestnut Street parcels. If approved, it would allow for ten D5-J liquor permits to be available in the district. The City council must: approve or disapprove the application.
If Council moves forward with the process they will set a date and time for a public hearing regarding the application.
Kennedy told Council that the CED could easily be expanded in the future. He said there would be a maximum of fifteen D5-J licenses in one district.
Loveland, Ohio – On Tuesday, December 15, City Council had the first reading of an ordinance that would increase City Manager Dave Kennedy’s base salary by three (3) percent, retroactive to his pay period beginning December 29, 2020.
Council is expected to vote on the ordinance during their next meeting on January 12. The Ordinance and employment agreement is below.
Loveland, Ohio – Joe Farruggia with Zicka Homes has been trying to rezone property off North Second Street (St. Rt. 48) south of the Sentry Hill subdivision with the potential use to build a 28-unit condominium development called the Blossom Hill Project since the first week in June. He has submitted three variations of the proposal, the latest on October 20. The current proposal is to limit the project to 25 or fewer individual units.
The site is approximately 5.5 acres on St. Rt. 48 adjacent to the Sentry Hill subdivision and on the opposite side of the street of the Loveland Health Care facility.
Previously, on June 24th and July 21, the Planning and Zoning Commission held public hearings for the zoning map amendment and recommended approval of the amendment. However, each time, Farruggia chose not to move forward with the processes which would be to have a public hearing before the City Council.
The latest iteration was also approved by the Planning Commission last week and sent to City Council for their consideration. The recommendation from Assistant City Manager Tom Smith is for Council to schedule a public hearing for the re-zoning on November 24.
The developer is asking for changes to the Loveland Zoning Map from the current zoning of Medium Density Residential to Residential Multi-Family.
The recommendation of the Commission according to Smith included the following conditions:
The proposed housing development for the property as submitted o Planning and Zoning Commission must be actively under construction within eighteen (18) months from the date of approval by City Council in order to maintain the zoning;
The approval shall be withdrawn, and the zoning shall revert to Residential Medium Density (R-MD) should the eighteen (18) month condition lapse.
Approval shall be exclusive to this applicant. No transferees or assignees of the applicant are subject to this approval.
Smith also said the developer agreed to requests made by Sentry Hill resident, Dave Stanton. These items were also part of the Planning and Zoning Commission’s motion for recommendation:
Construct a four to five-inch earth berm, fully landscaped with trees and grass, to be constructed along the property line of the two homes in the Sentry Hill subdivision and maintained by the new subdivision’s HOA.
Street lighting and exterior lighting on the townhomes be designed to prevent light pollution into the Sentry Hill Subdivision.
Townhomes to be constructed, at 40 feet, shall not exceed the height of the referenced home of 214 Sentry Hill Drive.
Limit the number of townhomes to be built at 25 or less.
No dumpsters or centralized garage collection. Individual residential trash and recycling pickup to be consistent with all the residential surrounding areas.
No stand-alone garages or sheds.
Exterior architecture and materials (brick, stone, and Hardie Plank) shall be consistent with the look and feel of neighboring communities.
Even though there are COVID 19 restrictions for the number of audience members in the hearing chamber, five residents appeared to express their displeasure with the re-zoning. No residents spoke in favor of the rezoning or the condos.
These signs were erected in July by citizens opposed to multi-family zoning adjacent to their homes on St. Route 48 in North Loveland.
Residents have pointed out that the proposal must follow the guidance of the City Master Plan specifically for North State Route 48. They say the project must maintain similar development densities, preserve open space, a rural atmosphere, and assure that there is adequate infrastructure to support the development as mandated in the current plan. They cite the current gridlock of Historic Downtown that must be addressed before the development moves forward.
City Manager Dave Kennedy has argued that the current Comprehensive Strategic Plan (2002) is old and not in line with the current needs of the City. The City is currently rewriting a new master plan for the City. Residents say re-writing the plan is well and good, but until there is a new plan the City and Zicka are governed by the one that exists.
Residents of South 48 also protest that adding so many residential units will add to their already current traffic nightmares of trying drive into and out of Historic Downtown.
During the hearing, Tom Scovanner told the Commission they should be skeptical of the studies Zicka presented to them. One presenter represented that they had prepared their study for the Commission, and Scovanner said, “No, they represent Zicka.” He posed the question to the Commission of whether they would have ever seen the study if it did not turn out favorably to the developer.
Scovanner, a litigator for Clermont County also said in no uncertain terms that the P&Z cannot do anything the Loveland law doesn’t allow them to do. Holding up the code, he said, “You’re bound by these codes. This doesn’t comport with the Comprehensive Master Plan.”
Tom Scovanner spoke to Planning Commission against the re-zoning for condos on Rt. 48.
Dave Stanton spoke to Planning Commission against the re-zoning for condos on Rt. 48.
Sue Ann Walker spoke to Planning Commission against the re-zoning for condos on Rt. 48.
Allen Brooks spoke to Planning Commission against the re-zoning for condos on Rt. 48.
Courtney Hauck spoke to Planning Commission against the re-zoning for 28 condos on Rt. 48.
Loveland, Ohio – City Council voted to move ahead with the sale of the city-owned Christman Farm on Butterworth Road after a public hearing on October 13. Taxpayers bought the former Warren County horse farm from Terry and Mary Christman in 2007 for $800,000. The property is within the boundary of the Little Miami School District. Loveland Schools will receive no property tax income from the development.
The next Community Improvement Corporation Meeting is at 5:30 PM Tuesday, October 20. The sale of the Christman Farm property is on their agenda.
The property consists of 9.8389 acres. The developer of the property will be the Campbell Berling Development Company. The proposed use of the property is for a single-family residential development of “no more” than 35 single-family homes. The company address is 333 Madison Pike, Suite C in Ft. Write Kentucky. The owner of the property will be CB Butterworth, LLC.
CB Butterworth, LLC was incorporated on September 16. Here is the business filing: Business_Details.
City Manager Dave Kennedy started the public hearing by spelling out what he believes are the advantages of the sale. Kennedy said that most of the “Estate Homes” will sell in the $1.2 M range with side entry garages. The empty-nester homes to be on the Christman Farm would not be built until after the 2022 HOMEARAMA was over. Kennedy said that Council wanted him to come up with a home product they could be proud of.
Kennedy proposed the transfer of the 9.8 acres to the Loveland Community Improvement Corporation (CIC) for eventual purchase by CB Butterworth, LLC, and prepared the legislation that was presented to City Council as an emergency measure. Emergency legislation cannot be overturned at the ballot box as they become effective immediately. Kennedy said the urgency was so he could begin constructing the sewers that will serve the development as soon as possible.
Bethany Wiegand spoke about the ways the proposal will affect her home and urged the Council to address traffic problems. She said it currently take her 20-25 minutes to leave her home in Butterworth Glen and get through the traffic in Historic Downtown. Wiegand grew up in Loveland, moved back – and asked that Council take care of the people that already live here and have already invested in the City. “Let’s solve the current issues for the current residents like myself,” said Wiegand. She also expressed interest in having a park on the property so she doesn’t have to go through Historic Downtown to use other recreation spaces.
Kennedy said in a memo to Council on October 13, “Per City regulations, all funds from the sale of the property from the CIC to CB Butterworth, LLC, will be transferred back to the City.” The sale will be contingent upon Planning and Zoning Commission approval of a re-zone to a Special Planning District.
Loveland City Manager Dave Kennedy (Loveland Magazine file photo)
There will be a request for a zone change and the “Estate” homes built on the Crane property will be a 2022 HOMEARAMA site.
CIC has been presented with a draft “Real Estate Purchase Agreement”.* $5,000 in earnest money will be due upon execution of the agreement. The sale will be continent upon Planning and Zoning Commission approval of a re-zone to a Special Planning District. The purchase price will be $350,000.
HOMEARAMA is an annual event that is billed as the “latest and greatest” in home and landscape design.
HOMEARAMA® offers you the opportunity to not only see the latest trends in home design and decorating, but also learn why buying a new home continues to represent an excellent value. Today’s new homes offer the latest trends in technology and more energy-saving features than ever before.
(Right-Click to open these images in a new tab or window to see a larger view.)
Resident Todd Osborn spoke in favor of the sale during the public hearing.
Taxpayers originally bought a total of 10.737 acres. The justification given at the time was that it would be the last chance for Loveland to have recreation space in fast-developing southern Warren County. In 2010, 0.8981 acres of the property, which included a home, was portioned off and sold to Judith Lund for $102,000.
A Recreation Tax Increment Financing District (TIF) was created by Ordinance 2008-38 to pay off the financing. The TIF consists of approximately 27 acres and includes the taxpayer-owned property known generally as the Christman Farm as well as the Crane property which is privately owned.
The Christmas Farm and the Crane properties are within the boundaries of the Little Miami School District. City Manager Dave Kennedy told Loveland Magazine on Friday that the District is “made whole” by the Recreation TIF. He said, “ Little Miami School District receives 100% of revenue as if there had been no TIF.” Read the TIF ordinance that Council passed in 2008. REC TIF
The TIF provides financing for the property purchase that the City recoups through increased property tax revenues generated from future development within its boundaries. Kennedy said during the public hearing that the debt service that has been paid out of the general fund over the years is $632,000 and that when the TIF funds start coming into the Recreation TIF fund, it will be transferred back out and returned to the general fund. He said that to finish the debt service will require an additional $347,000.
Tom Carroll, the City Manager at the time of the purchase, said, “The City will continue to slowly retire the debt on this property and the remaining ten acres of the Christman Farm will be land-banked until the Crane property is developed and a municipal park can be constructed. Continued patience is therefore necessary before Loveland can build its first park in Warren County.”
Taxpayers have been paying around $50,000 annually in debt service for the Christman Farm purchase.
In their offer letter, Campbell Berling says the development will have a buildout value of $25,250,00 with an assessed valuation of $6,860,000.
Campbell Berling will be paying $350,000.00 for the land. They plan to build fifteen $550,000 and up “empty nester” homes on the parcel they would like to buy from Loveland taxpayers. The lots would be between 11,000 and 18,000 sq. ft.
The Crane property would have 20 homes and two styles of “Estate Homes” valued at $850,000 and up on lots that would average 32,000 sq. ft.
Campbell Berling is proposing that future homeowners be allowed to pay the cost of sewer line extensions over 20-years.
Access to the development would be from Butterworth Road across from the Brandywine subdivision. The developer already has a “Crane family property”, parcel number 16074000240 under a purchase contract.
There have been 57 previous HOMEARAMA showcases
The 28th was in 1989 at The Glen of Claiborne(Loveland)
The 29th was in 1990 at Chatham Woods (Symmes Township)
After the public spoke about the sale council members asked questions to the City Manager and shared their views before voting unanimously to transfer the land to the CIC leading the way for the sale. Kennedy outlined a possible timeline of CIC action, constructing the sewers, and Planning and Zoning Commission approval. Kennedy suggested that the $350,00 taxpayers receive from the sale could be used to improve traffic in Historic Downtown, instead of repaying the principal on the current loan.
Section 4 of the emergency legislation states:
That this Ordinance is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, health, safety and general welfare and shall be effective immediately upon its passage. The reason for said declaration of emergency is to allow for the property to be transferred and sold as soon as possible so that infrastructure can be installed to allow for its development for the benefit of the City.
The CIC is a quasi-government arm of the City. Once they take possession of the land their actions are not subject to Council approval and their actions cannot be overruled by a vote at the ballot box.
CIC Members
Jay Stewart, Chair
Kathy Bailey, Mayor
Neal Oury, City Council Member
Kent Blair, City Council Member
Dr. Jeffrey Kemmet, Chamber Representative
David Parker
Michele Pettit, Board of Education Representative
A 2007 proposed development, Summit Pointe, was for 70 attached units, and later reduced to 58 units, however, it never came to fruition.
Kennedy in a memo to City Council said, “Proposals also included multiple high-density townhome type projects which would be rental occupied. These proposals were never accepted, due to the fact that City Council and staff did not see high density, much less rental type projects, as a good fit for the surrounding neighborhoods of Brandywine on the Little Miami and Butterworth Glen.”
Kennedy says in the memo that he and staff met with numerous Cincinnati area home builders in the hopes of creating a low-density project, and that one message from the developers that continued to surface was that the cost of bringing utilities to the properties was expensive. Therefore, most developers saw a higher density project as a way to recoup those expenses.
“With that consistent message from developers, and a low-density project clearly being the choice of City Council and staff, a possible option was created,” said Kennedy. The option is to include the City extending the sanitary sewer collection main up State Route 48 to the properties and placing an assessment on the parcels within the residential development so that the City would be reimbursed for the project costs.
An assessment on each parcel, for 20 years would allow for Loveland taxpayers to recoup their subsidy of the sanitary sewer main extension and to the Campbell Berling Development Company. Kennedy has not said what the sewer extension will cost nor said how the initial sewer construction will be financed. It remains unclear if Loveland taxpayers can recoup the cost of borrowing money for sewer construction.
After the taxpayers bought the land to be used as recreation and formal proposals for how it would be developed as ballfields and passive recreation came forward, opposition from many in the Brandywine subdivision doomed its development. Traffic concerns and “strangers” coming to a public park in their neighborhood distressed many homeowners. Many said they did not want to come across strangers as they were on walking trails and said they would not let their children play where strangers would be using the public park as well. Currently, anyone wishing to use city or school recreational fields, tennis and basketball courts, etc., in the immediate neighborhood must drive through Historic Downtown to facilities in Clermont or Hamilton County.
Kennedy told Council, “The proposed legislation, (was) being requested as an emergency to allow infrastructure work and planning to begin immediately.” Normally passed ordinances must be read at two separate council meetings and don’t become law until 30-days after the vote at the second meeting.
The developer wants to rezone all of the property as a Special Planning District which would require Planing and Zoning Commission and City Council approval.
Kennedy presented this “Fiscal Impact” study in the package of information he presented to City Council:
The agreed purchase price for the property is $350,000. As the project begins to develop it will begin to produce TIF revenues until the TIF expires in 2037. TIF revenue is calculated based upon an increasing scale as the development is completed and placed on the tax rolls. After the development is completed, TIF calculations include a 0.5% to 1% appreciation over the life of the TIF. Based on these calculations, the TIF at buildout, will produce revenue for the City in the range of $135,000 to $143,000 annually. If the project goes as scheduled, it will produce a total revenue over $2,000,000 to the City over the life of the TIF. A summary of projected TIF revenues to the City is shown below.
Ordinance 2020-_____
Ordinance transferring the real property on Butterworth Road located in the City of Loveland, Warren County, Ohio to the Community Improvement Corporation of Loveland and declaring an emergency
WHEREAS, the City of Loveland (the “City”) desires to see certain undeveloped real property owned by the City located on Butterworth Road known as Parcel No. 16072000550 used for a combination of residential and recreational purposes; and
WHEREAS, the City has determined that the Property is no longer needed for municipal purposes; and
WHEREAS, the Property should be transferred to the Community Improvement Corporation of Loveland without competitive bidding pursuant to Codified Ordinance Section 107.01(f) to dispose of as that organization shall best determine; and
WHEREAS, City Council conducted a public hearing on October 13, 2020 as to the disposition of the Property.
Now, Therefore, Be It Ordained by the Council of the City of Loveland, Hamilton, Clermont and Warren Counties, Ohio.
Section 1. Council of the City of Loveland (“City Council”) hereby determines that the undeveloped real property located on Butterworth Road known as Parcel 1607200055 and further described in Exhibit A attached hereto (the “Property”) is no longer needed for municipal purposes.
Section 2. City Council hereby authorizes the Property be transferred to the Community Improvement Corporation of Loveland to be used to promote the welfare of the people of the City, stabilize the economy, provide employment, assist in the development of industrial, commercial, distribution, and research activities to the benefit of the people of the City, provide additional opportunities for their gainful employment or will promote the reclamation, rehabilitation, and reutilization of vacant, abandoned, tax- foreclosed, or other real property in the City. The City Manager is authorized to execute any and all documents on behalf of the City consistent with this transfer.
Section 3. Council hereby finds and determines that all formal actions relative to the passage of this legislation were taken in an open meeting of this Council, and that all deliberations of this Council and of its committees, if any, which resulted in formal action, were taken in meetings open to the public, in full compliance with applicable legal requirements, including Section 121.22 of the Ohio Revised Code.
Section 4. That this Ordinance is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, health, safety and general welfare and shall be effective immediately upon its passage. The reason for said declaration of emergency is to allow for the property to be transferred and sold as soon as possible so that infrastructure can be installed to allow for its development for the benefit of the City.
* DRAFT
REAL ESTATE PURCHASE AGREEMENT
This Real Estate Purchase Agreement (“Agreement”) is entered into this _____ day of October, 2020, by and between the Community Improvement Corporation of Loveland, an Ohio not-for-profit corporation, whose address is 120 West Loveland Avenue, Loveland, Ohio 45140 (“Seller”), and CB BUTTERWORTH, LLC, an Ohio limited liability corporation, whose address is 3333 Madison Pike, Suite C, Ft. Wright, Kentucky 41017 (“Buyer”).
WITNESSETH:
1. Purchase and Sale: Subject to the terms, conditions and provisions hereinafter set forth, and good and valuable consideration, the sufficiency of which is hereby acknowledged, Seller agrees to sell and Buyer agrees to purchase a certain parcel of land containing approximately 9.8389 acres, known as Parcel No. 1607200055 and located in the City of Loveland, Warren County, Ohio, more particularly described in the attached Exhibit A, together with all improvements thereon and all appurtenant rights, privileges and easements (“Property”).
2. Purchase Price and Terms: The purchase price for the Property (“Purchase Price”) shall be Three Hundred Fifty Thousand and No/100 Dollars ($350,000.00). The Purchase Price shall be paid as follows:
a. Buyer shall pay the amount of Five Thousand and No/100 Dollars ($5,000.00) upon the execution of this Agreement as earnest money (“Earnest Money”) to apply toward the Purchase Price, and the Earnest Money shall be held by the Seller, without interest, pending the closing of the transaction contemplated herein. Except as otherwise provided herein, if the transaction contemplated herein does not close for any reason, other than the title to the Property not being marketable or a default by Seller, the Earnest Money shall be retained by Seller as liquidated damages and Buyer shall not be entitled to a refund of the Earnest Money; and
b. The balance of the Purchase Price shall be paid in cash or certified or cashier’s check, and shall be payable upon delivery of the deed at the closing time set forth herein, or at such sooner time as is mutually agreeable by the parties.
3. Property to be Conveyed: The Property shall include the land, together with any improvements thereon, all appurtenant rights, privileges, and easements.
4. Personal Property. No personal property shall be included in the sale of the Property.
5. Closing:
a. The closing shall occur at the location selected by Seller, on or before thirty (30) days after Buyer obtains zoning as provided for in paragraph 8, or May 7, 2021, whichever occurs sooner, or at such date, time and place as mutually determined in writing by the parties. At closing, title to the Property herein described shall be conveyed by Seller to Buyer, by a General Warranty Deed, in fee simple, and shall be transferable, recordable, marketable and shall be free, clear and unencumbered, and shall be subject to easements, restrictions and reservations of record, and real estate taxes and assessments of record.
b. Buyer shall be responsible for payment of any and all fees or costs of closing with respect to the Property, including, but not limited to, transfer taxes (if any), escrow fees, settlement fees, and recording fees.
6. Real Estate Taxes and Assessments: All real estate taxes and assessments, if any, shall be prorated effective as of the date of closing.
7. Occupancy and Possession: Subject to further terms, conditions, and provisions of this Agreement, Seller shall grant Buyer possession and occupancy of the Property herein described on the date of closing.
8. Contingencies: The purchase of the Property is contingent on Buyer obtaining zoning approval to the satisfaction of the Buyer from the City of Loveland for the construction of a single family residential development. Any such zoning shall include an obligation for payment of the sewer assessment provided for in paragraph 9 of this Agreement.
Buyer shall have the right to enter the Property and conduct any environmental testing deemed necessary by Buyer for Buyer’s proposed use of the Property. In the event the Property is not able to be used for Buyer’s proposed use of the Property as a result of any environmental conditions discovered prior to Closing, Buyer shall have the right to terminate the Agreement.
9. Sanitary Sewer Assessment by the City of Loveland: It is understood and agreed to by the Buyer that there shall be a twenty (20) year assessment placed on the Property as a lien, or on each of the parcels making up the Property if it is subsequently subdivided by Buyer, for all costs and fees associated with the construction of a sanitary sewer line by the City of Loveland to provide sanitary sewer service to the Property. The payment of the sewer assessment shall be due and payable to the City of Loveland by each property owner located within the Property.
10. Warranties and Representations: Seller makes no certifications of any representations or warranties with respect to the Property; as such, the Property is being sold “AS-IS, WHERE-IS AND WITH ALL FAULTS”, and without any representation and/or warranty from Seller whatsoever. Notwithstanding the above, Seller represents it is not aware of any adverse environmental conditions on the Property.
11. Brokers: Buyer and Seller each hereby represent to the other that it has not involved or worked with any brokers, agents or finders in the negotiation of this Agreement or the consummation of this transaction and that there are no brokers, agents or finders that have any right to claim a commission or fee due to the consummation of this transaction.
12. Notice: All notices, communications, requests, approvals, consents, and demands are herein required to be given or made in writing and shall be deemed to be served when delivered personally or when deposited in the U.S. mail, registered or certified mail, postage prepaid, to the address of the appropriate party as set forth above.
13. Miscellaneous:
a. Time of Essence: Time is of the essence hereof. 2
b. Governing Law: This Agreement is made and shall be construed under and in accordance with the laws of the State of Ohio without regard to its conflicts of law principles.
c. Entire Agreement; Modification: This Agreement supersedes all prior discussions and agreements between Seller and Buyer with respect to the Property and contains the sole and entire understanding between Seller and Buyer with respect to the Property. All promises, inducements, offers, solicitations, agreements, commitments, representations, and warranties heretofore made between such parties are merged into this Agreement. This Agreement shall not be modified or amended in any respect except by written instrument executed by or on behalf of each of the parties to this Agreement.
d. Counterparts: This Agreement may be executed in one or several counterparts, each of which constitute an original and all of which together shall constitute one and the same instrument.
e. Rights Cumulative: Except as expressly limited by the terms of this Agreement, all rights, powers, and privileges conferred hereunder shall be cumulative and not restrictive of those given by law.
f. Benefit: This Agreement shall inure to the benefit of and shall be binding upon the parties hereto and their respective representatives, successors and assigns, as the case may apply.
g. Survival of Provisions: All representations, covenants, warranties and agreements set forth in this Agreement, if any, shall survive the execution or delivery of any and all deeds and other documents at any time executed or delivered under, pursuant to, or by reason of this Agreement, and shall survive the payment of all monies made under, pursuant to, or by reason of this Agreement.
h. Severability: If any provision of this Agreement is judged by a court of competent jurisdiction to be illegal or unenforceable, that provision is severed from this Agreement and the remaining provisions remain in force.
i. No Waiver: Either party’s failure to object to any default on the part of the other party shall not be construed as a waiver of such default.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the last date written below (“Effective Date”).
SELLER:
The Community Improvement Corporation
of Loveland, an Ohio not-for-profit corporation
By:________________________________ Name: Jay Stewart
Title: President
Date:__________ 100029.001.14180797.1
BUYER:
CB Butterworth, LLC, an Ohio limited liability
Loveland, Ohio – City Council has scheduled a public hearing for October 13, at 7 PM to hear from the community on a proposed sale of city-owned property on Butterworth Road, in Warren County. Council voted in a special session on September 29 and voted unanimously to set the public hearing date after a motion by Tim Butler. The meeting lasted 141 seconds and there was no discussion about the sale.
The property consists of 9.8389 acres. The purchaser of the property would be the Campbell Berling Development Company. The proposed use of the property is to accommodate a single-family residential development of no more than 35 single-family homes. The company address is 333 Madison Pike, Suite C in Ft. Write Kentucky.
(Right-Click to open these images in a new tab or window to see a larger view.)
Taxpayers originally bought a total of 10.737 acres. The justification given at the time for the $900,000 expenditure was that it would be the last chance for Loveland to have recreation space in fast-developing southern Warren County. In 2010, 0.8981 acres of the property, which included a home, was portioned off and sold to Judith Lund for $102,000.
A Recreation Tax Increment Financing District (TIF) was created by Ordinance 2008-38 to pay off financing of the $900.000. The TIF consists of approximately 27 acres and includes the property known generally as the Christman Farm as well as the Crane property.
The TIF provides financing for the property purchase that the City recoups through increased property tax revenues generated from future development within its boundaries.
Tom Carroll, the City Manager at the time said, “The City will continue to slowly retire the debt on this property and the remaining ten acres of the Christman Farm will be land-banked until the Crane property is developed and a municipal park can be constructed. Continued patience is therefore necessary before Loveland can build its first park in Warren County.”
Taxpayers have been paying close to $48,000 annually in debt service for the Christman Farm purchase.
In their offer letter, Campbell Berling says the development will have a buildout value of $25,250,00 with an assessed valuation of $6,860,000.
Campbell Berling will be paying $350,000.00 for the land.
Their plan is to build fifteen $550,000 and up “empty nester” homes on the parcel they would like to buy from Loveland taxpayers. The lots would be between 11,000 and 18,000 sq ft.
The Crane property would have 20 homes and two styles of “Estate Homes” valued at $850,000 and up on lots that would average 32,000 sq ft.
Campbell Berling is proposing that future homeowners be allowed to pay the cost of sewer line extensions over 20-years.
Access to the development would be from Butterworth Road across from the Brandywine subdivision. The developer already has a “Crane family property”, parcel number 16074000240 under a purchase contract.
There have been 57 previous HOMEARAMA showcases
The 28th was in 1989 at The Glen of Claiborne (Loveland)
The 29th was in 1990 at Chatham Woods (Symmes Township)
There will be a request for a zone change to a Special Planning District and the “Estate” homes built on the Crane property will be a future HOMEARAMA site.
HOMEARAMA is an annual event that is billed as the “latest and greatest” in home and landscape design.
HOMEARAMA® offers you the opportunity to not only see the latest trends in home design and decorating, but also learn why buying a new home continues to represent an excellent value. Today’s new homes offer the latest trends in technology and more energy-saving features than ever before.
City Manager Dave Kennedy proposes a transfer of the 9.8 acres to the Loveland Community Improvement Corporation (CIC) for purchase by CB Butterworth, LLC and has prepared legislation and it will be presented to City Council as an emergency measure. Emergency legislation cannot be overturned at the ballot box as they become effective immediately.
Section 4 of the emergency legislation states:
That this Ordinance is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, health, safety and general welfare and shall be effective immediately upon its passage. The reason for said declaration of emergency is to allow for the property to be transferred and sold as soon as possible so that infrastructure can be installed to allow for its development for the benefit of the City.
The CIC is a quasi-government arm of the City. Once they take possession of the land their actions are not subject to Council approval and their actions cannot be overruled by a vote at the ballot box.
A 2007 proposed development, Summit Pointe, was for 70 attached units, and later reduced to 58 units, however it never came to fruition.
Kennedy in a memo to City Council today said, “Proposals also included multiple high-density townhome type projects which would be rental occupied. These proposals were never accepted, due to the fact that City Council and staff did not see high density, much less rental type projects, as a good fit for the surrounding neighborhoods of Brandywine on the Little Miami and Butterworth Glen.”
Kennedy says in the memo that he and staff met with numerous Cincinnati area home builders in the hopes of creating a low density project, and that one message from the developers that continued to surface was that the cost of bringing utilities to the properties was expensive. Therefore, most developers saw a higher density project as a way to recoup those expenses.
“With that consistent message from developers, and a low-density project clearly being the choice of City Council and staff, a possible option was created,” said Kennedy. The option is to include the City extending the sanitary sewer collection main up State Route 48 to the properties and placing an assessment on the parcels within the residential development so that the City would be reimbursed for the project costs.
An assessment on each parcel, for a period of 20 years would allow for Loveland taxpayers to recoup their subsidy of the sanitary sewer main extension and to the Campbell Berling Development Company. Kennedy has not said what what the sewer extension will cost nor said how the initial sewer construction will be financed. It remains unclear if Loveland taxpayers can recoup the cost of borrowing money for the sewer construction.
After the taxpayers bought the land to be used as recreation and formal proposals for how it would be developed as ballfields and passive recreation came forward, opposition from many in the Brandywine subdivision doomed its development. Traffic concerns and “strangers” coming to a public park in their neighborhood distressed many homeowners. Many said they did not want to come across strangers as they were on walking trails and said they would not let their children play where strangers would be using the public park as well. Currently anyone wishing to use city or school recreational fields, tennis and basketball courts, etc., in the immediate neighborhood must drive through Historic Downtown to facilities in Clermont or Hamilton County.
Kennedy told Council, “The proposed legislation, (was) being requested as an emergency to allow infrastructure work and planning to begin immediately.” Normally passed ordinances must be read at two separate council meetings and don’t become law until 30-days after the vote at the second meeting.
The developer wants to rezone all of the property as a Special Planing District which would require Planing and Zoning Commission and City Council approval.
Kennedy presented this “Fiscal Impact” study in the package of information he presented to City Council:
The agreed purchase price for the property is $350,000. As the project begins to develop it will begin to produce TIF revenues until such time as the TIF expires in 2037. TIF revenue is calculated based upon an increasing scale as the development is completed and placed on the tax rolls. After the development is completed, TIF calculations includes a 0.5% to 1% appreciation over the life of the TIF. Based on these calculations, the TIF at buildout, will produce revenue for the City in the range of $135,000 to $143,000 annually. If the project goes as scheduled, it will produce a total revenue over $2,000,000 to the City over the life of the TIF. A summary of projected TIF revenues to the City is shown below.
The Public Hearing is this Tuesday, October 13, at 7 PM at City Hall.
Ordinance 2020-_____
Ordinance transferring the real property on Butterworth Road located in the City of Loveland, Warren County, Ohio to the Community Improvement Corporation of Loveland and declaring an emergency
WHEREAS, the City of Loveland (the “City”) desires to see certain undevelopedreal property owned by the City located on Butterworth Road known as Parcel No. 16072000550 used for a combination of residential and recreational purposes; and
WHEREAS, the City has determined that the Property is no longer needed for municipal purposes; and
WHEREAS, the Property should be transferred to the Community Improvement Corporation of Loveland without competitive bidding pursuant to Codified Ordinance Section 107.01(f) to dispose of as that organization shall best determine; and
WHEREAS, City Council conducted a public hearing on October 13, 2020 as to the disposition of the Property.
Now, Therefore, Be It Ordained by the Council of the City of Loveland, Hamilton, Clermont and Warren Counties, Ohio.
Section 1. Council of the City of Loveland (“City Council”) hereby determinesthat the undeveloped real property located on Butterworth Road known as Parcel1607200055 and further described in Exhibit A attached hereto (the “Property”) is no longerneeded for municipal purposes.
Section 2. City Council hereby authorizes the Property be transferred to the Community Improvement Corporation of Loveland to be used to promote the welfare of the people of the City, stabilize the economy, provide employment, assist in the development of industrial, commercial, distribution, and research activities to the benefit of the people of the City, provide additional opportunities for their gainful employment or will promote the reclamation, rehabilitation, and reutilization of vacant, abandoned, tax- foreclosed, or other real property in the City. The City Manager is authorized to execute any and all documents on behalf of the City consistent with this transfer.
Section 3. Council hereby finds and determines that all formal actions relative to the passage of this legislation were taken in an open meeting of this Council, and that all deliberations of this Council and of its committees, if any, which resulted in formal action, were taken in meetings open to the public, in full compliance with applicable legal requirements, including Section 121.22 of the Ohio Revised Code.
Section 4. That this Ordinance is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, health, safety and general welfare and shall be effective immediately upon its passage. The reason for said declaration of emergency is to allow for the property to be transferred and sold as soon as possible so that infrastructure can be installed to allow for its development for the benefit of the City.
Trick or Treat hours are usually between 6 and 8 PM in Loveland, however, Loveland Clerk of Council Misty Cheshire said this morning that a decision has not yet been made about Halloween this year in the City. She said City Council will probably make a decision at their regular meeting next Tuesday.
Is Halloween tooooo scary this year?
Will you be passing out Treats this year?
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Will you allow your children to go Trick or Treating this year?
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For fun watch this LOVELAND MAGAZINE TV Halloween video that searches for the Loveland Frog at the Legendary Loveland Frog Ball…
Loveland City Manager Dave Kennedy was given the authority to extend the DORA for 60-days.
Loveland, Ohio – The City of Loveland’s Designated Outdoor Refreshment Area (DORA), which previously allowed for the consumption of alcohol within specific boundaries in Historic Downtown only during specified events was modified in May from being in effect only during specified events to being in effect seven days a week from noon to 11 PM.
The modification that went into effect in May was set to expire today.
The DORA allows for the consumption of alcohol within specific boundaries in Historic Downtown.
As provided within the legislation previously adopted by City Council, the City Manager was given the authority to extend the DORA for an additional 60-days.
Under that authorization, City Manager Dave Kennedy announced yesterday that he has extended the seven-day DORA until September 5.
Q: What is a DORA?
A: A Designated Outdoor Refreshment Area (DORA) is a specially designated area that allows patrons of an establishment serving alcohol to take an open container of alcohol out of the business and walk around the public streets. Drinks must be in special cups designated as DORA cups. These cups can be obtained at all participating alcohol establishments inside the DORA.
Q: May a person bring their own alcohol into a DORA?
A: No. Ohio open container law prohibits a person from having an opened container of alcohol on a permit premises that was not purchased from that permit holder even if the permit premises are within a DORA purchased elsewhere.
Q: Do I have to use special DORA Cups?
A: Yes. Any open alcohol which leaves an establishment must be in designated DORA cups. And, DORA cups must be empty to enter an establishment. Cups can be obtained at any participating establishment.
Q: What types of alcoholic beverage can I have in my DORA cup?
A: Beer, wine and liquor are allowable beverages to be consumed in designated DORA cups.
Q: Can I walk anywhere with my DORA cup?
A: Patrons can enjoy their beverage within the designated DORA Boundaries which are marked by signage.
Businesses serving DORA beverages will have the below sticker decal displayed:
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Loveland, Ohio – In a June memo to City Council, City Manager Dave Kennedy said that the COVID-19 pandemic has not dampened the need for a municipal parking garage in Historic Downtown. Because of budget concerns and a possible unknown income shortfall Kennedy had previously put on hold the engineering expenditure for the project and the engineering and design of the downtown parking facility was temporarily suspended.
Kennedy’s June report stated, “Meanwhile, parking needs in the city continued to expand and availability of potential funding sources for the project came to the city’s attention.” Kennedy further explained, “With the aforementioned, it was time to request the engineering and design team for the project, to prepare a final cost estimate, including civil engineering.”
The total cost is estimated to be $5,663,700. (See estimate below)
Kennedy told Loveland Magazine Wednesday that the public will pay to park in the garage.
Below is an excerpt from the report concerning the design elements:
Design
The design of the parking facility is simplistic by nature and includes a total of 279 parking spaces.
For reference this will equal more than two times the number of spaces currently at the Linda J. Cox Trailside Parking Area.
The facility includes two levels, with 138 spaces on the ground floor and 141 spaces on the 2nd level.
Access to the ground level will be both from Harrison Avenue/First Street and from State Route 48. Access to the 2nd level will be via an exterior ramp along the side of the Works’ railcar.
The project design does not include an internal ramp to the 2nd level, which would both reduce ground level spaces and add to the cost of the project.
Access from State Route 48 will include sidewalks to allow for both vehicular and pedestrian traffic to enter into the downtown district.
Kennedy said that specific design and material selections for the exterior facing of the facility have not been decided and that input from the public on this matter is important.
Kennedy said, “Specific design and material selections for the exterior facing of the facility have not been decided.”
“Although preliminary designs of the parking facility have been completed, the following aerials give a good perspective on how the project fits within the downtown district and how access from State Route 48 will be configured. Note that figure number 1, does not include the razing of the structure at 124 Railroad Avenue, which will serve as the access point into the facility from within the downtown district. This area is currently serving as temporary parking, until the new parking facility project commences.” – Source: June memo to City Council
Financing
Kennedy told the Council, “No doubt that this project will include city bond financing, it is a priority among city staff to reduce the local financing by securing other funding sources.” One source mentioned by Kennedy is the Appalachian Regional Commission (ARC) program, which is administered by the Ohio Valley Regional Development Commission (OVRDC). “The pre-application request is for $250,000, and is based heavily on jobs, in terms of retention and creation that the project could support,” said the City Manager.
Kennedy also said that the City may be eligible for Adjustment Assistance Programs including CARES Act Funding. The program is federally funded and can fund up to 50% of a project’s total cost. City staff is preparing a grant application for the funding.
Additionally, in 2019, the city submitted the parking facility project for funding consideration in the State of Ohio Biennial Capital Budget. Kennedy told Council, “This budget, which has not been adopted by the state, will undoubtedly be impacted by the COVID-19 pandemic so funding has not yet been committed.”
Public Hearings
Kennedy said in his report that the next step is to prepare for public meetings. “A public meeting will likely be scheduled for an outdoor venue and announced later this summer,” he said.
Additional points made by the City Manager
The project will add much needed parking to the downtown district
The project will increase public parking in the downtown district by 46%
The project is supported by the majority of the city’s downtown businesses
The project will include a new access point into the downtown district via State Route 48 thus better disbursing traffic flow
The two-level design will not dominate other buildings within the district
Public input on the facilities exterior features and other components will be sought and utilized in the project’s final design
The additional purchase and demolition of the structure at 124 Railroad Avenue will improve ingress and egress into the facility. Attachments: Parking Facility Cost Estimate
City adds 2 new parking locations
The land where the parking garage will be located is being turned into about 50 temporary parking spaces. Kennedy said Wednesday, “We’re not finished yet, but we think it will be close to another 50 spaces.”
Another new parking area that is complete is where the McCoy house next to City Hall used to stand at 124 Railroad Avenue. The City recently demolished the house in preparation for the parking garage construction. This spot has 20 spaces.
“We are working hard to add spaces,” Kennedy said.
Kennedy says this temporary parking space at the old McCoy house next to City Hall added 20 spaces.
The 2nd new temporary location for additional parking is where the new parking garage will eventually be constructed. These spaces will have access from First Street near Works Pizzeria.
The 2nd new temporary location for additional parking is where the new garage will eventually be constructed. These spaces will have access from First Street near The Works restaurant and will hold about 50 vehicles.
In the video above, council member Andy Bateman sits down to talk about his new experience at the job, the future of Loveland, and how he sees our city.
Mihaela Manova
by Mihaela Manova
Loveland, Ohio – Fresh from getting newly elected, Andy Bateman has grown in popularity with his youthful presence and warm demeanor. Ever since the Loveland community has witnessed his election and presence in the city’s governing body, the locals expect the best to come from his ambition.
We met for the first time back in December when he was inducted in the city’s governing body and we were excited to see what could come next for our city. You can see our coverage and our first quick interview with him HERE (begin at 0.54).
In our interview with Andy (his name preference contrast to Mr. Bateman or Andrew), we learn more about his origin of ambitions, his outlook on Loveland, and what he could change if given the chance.
![[Meeting Videos] Christman Farm sale moves forward after public hearing](https://lovelandmagazine.com/wp-content/uploads/2020/10/feature-HOMEARAMA-1.jpg)
A Recreation Tax Increment Financing District (TIF) was created by Ordinance 2008-38 to pay off the financing. The TIF consists of approximately 27 acres and includes the taxpayer-owned property known generally as the Christman Farm as well as the Crane property which is privately owned.
The Crane property would have 20 homes and two styles of “Estate Homes” valued at $850,000 and up on lots that would average 32,000 sq. ft.
Campbell Berling is proposing that future homeowners be allowed to pay the cost of sewer line extensions over 20-years.
Kennedy presented this “Fiscal Impact” study in the package of information he presented to City Council:
Taxpayers originally bought
The Crane property would have 20 homes and two styles of “Estate Homes” valued at $850,000 and up on lots that would average 32,000 sq ft.
Campbell Berling is proposing that future homeowners be allowed to pay the cost of sewer line extensions over 20-years.
Kennedy presented this “
![[POLL] Will you be passing out Halloween candy this year?](https://lovelandmagazine.com/wp-content/uploads/2020/09/big-candy-bars-halloween.jpg)
by Mihaela Manova