Loveland Magazine

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News and Events from the Loveland, Ohio Area

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Tag: Ohio news

For 3rd time Zicka is back requesting condo approval
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:
1. 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;
2. The approval shall be withdrawn, and the zoning shall revert to Residential Medium Density (R-MD) should the eighteen (18) month condition lapse.
3. 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:
1. 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.
2. Street lighting and exterior lighting on the townhomes be designed to prevent light pollution into the Sentry Hill Subdivision.
3. Townhomes to be constructed, at 40 feet, shall not exceed the height of the referenced home of 214 Sentry Hill Drive.
4. Limit the number of townhomes to be built at 25 or less.
5. No dumpsters or centralized garage collection. Individual residential trash and recycling pickup to be consistent with all the residential surrounding areas.
6. No stand-alone garages or sheds.
7. 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.

You can view the application and proposal that is now before City Council in this document and going to page 14 b. 2020-10-27 City Council – Full Agenda-1355

BACKGROUND

Re-zoning for possible 28-Unit condo project proposed for North Second Street (Jun 22, 2020)

[VIDEOS] Re-zoning for 28-Unit condo project passes Planning Commission muster Jul 23, 2020

32 unit condo project sent back to P&Z Aug 21, 2020
Oct 28, 2020
DeWine, state leaders announce $430M in coronavirus relief
Marty Schladen

Marty Schladen has been a reporter for decades, working in Indiana, Texas and other places before returning to his native Ohio to work at The Columbus Dispatch in 2017. He’s won state and national journalism awards for investigations into utility regulation, public corruption, the environment, prescription drug spending and other matters.

Ohio Gov. Mike DeWine and the state’s legislative leaders on Friday announced how they’d allocate almost half of what the state has left in federal coronavirus-relief dollars.

The state has about $1 billion unexpended from its share of the $2.2 trillion CARES Act that Congress passed in March. At least until the feds change the rules, the funds have to be spent by Dec. 31.

Social-service groups that deal with issues of homelessness and hunger have been clamoring for months for a share of the money, as have business groups and others. So it’s been up to DeWine and the legislature to decide what to do with the money while Congress appears stymied over further coronavirus relief.

“We tried to look at what the needs were and what had already been put out,” DeWine said during a remote press conference. “We don’t know whether Congress will pass another bill or not.”

The state is holding about half of the funds for coronavirus testing and contact tracing and other needs while it awaits a possible second round of relief — which may or may not include assistance to state and local governments.

The expenditures announced Friday include:
- $50 million for mortgage and rental assistance to families making 200% or less of the federal poverty level
- $125 million for businesses with up to 25 employees
- $37.5 million for restaurants and bars
- $100 million for colleges and universities to do testing, contact tracing and provide mental-health services
- $62 million for rural and critical-access hospitals
- $25 million for non-profits providing services such a food banks, homeless shelters and other social services
- $20 million for the arts
A good deal more of the money was focused on businesses than on assisting individuals who are suffering most. But several in Friday’s press conference said they hope by helping small businesses keep their doors open, people will be able to get or keep jobs.
“We know some businesses are barely making it,” Lt. Gov. Jon Husted said of that portion of the package. “This is focused on them.”

For their part, some leaders of social-service organizations said they were grateful for the help they will receive.

“We’re pleased that Gov. DeWine finally deployed federal coronavirus relief funds to help people avoid getting evicted during this pandemic,” Bill Faith, executive director of the Coalition on Housing and Homelessness in Ohio, said in a written statement. “And we appreciate (Ohio) Controlling Board members’ support, especially Sen. (Matt) Dolan (R-Chagrin Falls) and Sen. (Jay) Hottinger (R-Newark) who took a personal interest in keeping struggling Ohioans safely in their homes. We look forward to seeing details on how the program will be implemented. Given the Dec. 31 deadline to use these funds, we would welcome the governor’s assistance in advocating for Congress to provide additional rental assistance into 2021.”

The Ohio Poverty Law Center also released a statement praising state leaders for their action. But it warned that it won’t be enough.

“As Ohioans continue to experience job and income loss due to the pandemic, additional federal and state resources will be needed to prevent evictions and keep Ohioans safe, especially as we get closer to the expiration of the Centers for Disease Control and Prevention’s eviction moratorium,” it said. “We hope housing assistance will be among the highest priorities for resources in the coming weeks and months.”
Oct 26, 2020
As Loveland High to remain in hybrid learning District fails to provide full data
David Miller is the Editor and Publisher of Loveland Magazine

by David Miller

Loveland, Ohio– Yesterday, the Loveland School District described their newsletter that was issued at 4:34 PM as an “Urgent LHS Schedule Update”. In the release, they announced that Loveland High School will remain on the current hybrid learning model through Friday, November 6.

The students were scheduled to go to 5-day in-person learning (for all students that have chosen to attend in-person classes) this Monday, October 26.

Students in PK-8 will remain in their current “full in-person” learning model which began Monday, October 12.

An important note is that some students at all grade levels have not been attending any in-person classes and have enrolled in the District’s Remote Learning Academy, so none of the school buildings are at, or will be at, “full in-person” or 100% student capacity.

The in-person, high school students have been in a “blended” model of attendance since the start of the school year which means individual students have been alternating between in-person and remote learning activities at home.

The District has been regularly reporting in the afternoon when student or staff positive COVID 19 cases have been reported to the schools, but have refused to release data during the week about how many students or staff are under quarantine. In response to questions to Superintendent, Dr. Amy Crouse, she only says that the quarantine numbers will be released when they publish a new “dashboard” on Fridays. She was asked for the quarantine numbers on Tuesday and Wednesday this week when new positive cases were reported. When she refused, she was then asked, “What is the reason you will not answer the question or release this information to Loveland Magazine?” Her answer was, “I will forward the question about quarantines and our procedures for sharing those on a single day to our health team. They do all the contact tracing, communications, and protocols.”

Loveland Magazine is waiting on the answer.

In yesterday’s “Urgent LHS Schedule Update” the District said, “Due to a recent rise in LHS student cases and subsequent quarantines because of events outside of school, next week will operate like this week. As the district has continued to receive more information, we are concerned that more student cases may arise.”

The District says that their change of plans for the high school is based in part on “quarantines” and we believe students, parents, teachers, staff, and the community have a right to know how exactly how many students are not attending classes today because they are under quarantine.

The District has repeatedly emphasized how important it is for children to have an in-person educational learning opportunity. We believe that the quarantine numbers are important for the public to have when evaluating how effective the in-person model actually is.

Loveland Magazine has also asked for the report “Pandemic Preparedness and Planning” that LJB Inc. prepared for the District.

LBJ was awarded a contract in July for $66,250 for “Pandemic Preparedness and Planning” services. We have not received that report after repeated attempts. All we are being told is that the report is in the business manager’s office and he is out of his office and we should receive the report when he returns. Loveland Magazine sent the public records request directly to the Superintendent because we believe she certainly has a digital file of the report on her server and sending it to us should take but a click of her mouse.

The report belongs to the public. District taxpayers funded the report and they have a right to see what the experts recommended when they studied how many students and teachers should be in classrooms under the hybrid and full capacity models.

The Superintendent is making unilateral decisions based in part on quarantine data and should release the data and the “Pandemic Preparedness and Planning” report immediately.

From the District COVID-19 Update Newsletters
- In the evening on 10/21/20, the district was notified that a student at Loveland High School tested positive for COVID-19.
- On 10/22/20, the district was notified that a student at Loveland High School tested positive for COVID-19.
- On 10/22/20, the district was notified that a student at Loveland Middle School tested positive for COVID-19.
- In the evening on 10/19/20, the district was notified that a student at Loveland High School tested positive for COVID-19.
- On 10/20/20, the district was also notified that two additional students at Loveland High School tested positive for COVID-19.
- On 10/19/20, the district was notified that a student at Loveland High School tested positive for COVID-19.
- On 10/13/20, the district was notified that a student at Loveland High School tested positive for COVID-19.
- The district was notified that a student at Loveland Primary School tested positive for COVID-19.
- On Thursday, 10/8/20, the district was notified that a student at Loveland High School tested positive for COVID-19.
- On Tuesday evening, 10/6/20, the district was notified that two students at Loveland High School tested positive for COVID-19.
- On Sunday, 10/4/20, the district was notified that a non-teaching staff member at Loveland Elementary School has tested positive for COVID-19.
- On Monday, 10/5/20, the district was notified that a student at Loveland High School has also tested positive for COVID-19.
- On Saturday, September 19, 2020, the district was notified that a student member of Loveland Middle School tested positive for COVID-19.
- (September 14) This weekend, the district was notified that one of our bus drivers has tested positive for COVID-19.
Oct 23, 2020
Changes ahead for Christmas in Loveland 2020

Loveland, Ohio – Cee Cee Collins told City Council on October 13 that changes to the format of the annual Christmas in Loveland are coming.

Cee Cee also shared information about Red Ribbon Week.

Oct 22, 2020
Time is here to nominate Valentine Lady and enter Valentine card design contest

The winning Valentine Card design by Loveland Magazine Publisher David Miller after the 9/11 attack on the World Trade Center.

Loveland, Ohio – The Little Miami River Chamber Alliance says they are excited to kick-off the 2021 Valentine Program with the assistance of the Valentine Committee. The Committee is chaired by past Valentine Lady Patricia Furterer and is comprised of some of the Valentine Ladies from past years and other representatives from Loveland.

Valentine Card designs and all the names of the Valentine Ladies are engraved on granite walls in Historic Downtown Loveland.

The committee is now accepting nominations for the 2021 Valentine Lady. Valentine Lady nominees are women who distinguish themselves in community, school, and family endeavors. The Valentine Lady serves as the official spokesperson of the Valentine Program in the Loveland area and helps the Chamber make the 2021 Valentine Program a success.

The Committee is chaired by past Valentine Lady Patricia Furterer and is comprised of some of the Valentine Ladies from past years and other representatives from Loveland.

Nominees must reside in the Loveland 45140 zip code, and be able to work with the Chamber January 2, 2021 through the end of February 2021, stamping Valentine cards and visiting area schools, businesses, and other community organizations and participating in area events throughout the year.

Ohio Sweetheart City Offers Valentine Card Design Contest

Don’t miss the opportunity to compete in the Annual Valentine Card Design Contest sponsored by the Little Miami River Chamber Alliance. All Tri-State area artists, photographers, high school students, and interested persons are encouraged to participate.

If you can design a card which pertains to love and Valentine’s Day, and contains the signature slogan, “There is nothing in this world so sweet as love”, submit the original artwork to the Little Miami River Chamber Alliance.

“The submission deadline is November 20, 2020 but don’t wait until the last minute and be caught in the holiday rush,” says the Chamber.

The winning card design will be unveiled at the Valentine Kick-off on January 9, 2021 and will be the official 2021 Valentine card.

The card will be for sale at several Loveland area businesses, stores, and other locations. Don’t miss the opportunity to have your design displayed for everyone to admire.

Send your Valentine Lady nominations and card designs to:

Little Miami River Chamber Alliance

113 Karl Brown Way Floor #2

Loveland, Ohio 45140

Nominations and card designs must be received at the Chamber office by November20, 2020.

All nominees will be recognized at the Valentine Kick-off on January 9, 2021 and the annual Valentine Breakfast on February 12, 2021. For further information, feel free to contact:

CeeCee Collins, President/CEO Meredith Taylor, Program Director.

Oct 20, 2020
Socktober sock drive to help homeless shelters

@BionicTigersFTC are participating in a sock drive led by @CRoboknights to donate to homeless shelters. If you would like to donate, there are boxes at LECC, LPS, LIS, and LMS, or you can ask a team member.

Oct 20, 2020
Symmes Township’s Nancy Mulvey honored by national school organization

Symmes Township resident and Great Oaks Director of Student Services Nancy Mulvey was honored this month with the Distinguished Service Award from the National Council of Local Administrators NCLA, a national association for career and technical administrators. She was recognized for her service to career-technical education and for her professional accomplishments.

Mulvey has served the students of Great Oaks Career Campuses for more than 30 years as a math teacher, counselor, career specialist, campus dean, and district administrator. In her current role as Director of Student Services, she has strengthened both physical health and mental health services for students, led the effort to rewrite Board policies, began a summer camp program for younger students, and helped guide the district to record levels of high school enrollment.

The nomination read in part, “Nancy recognizes best practices in the field, and shares, adapts, and improves those practices to benefit current and future students as well as the organizations she serves. She freely shares her own ideas and innovations and champions those practices that others have developed, for the benefit of career-technical education as a whole.”

The award was presented virtually during the NCLA Best Practices Conference, which was held online this year.

Oct 19, 2020
Lovelanders and their trees

By Joe Timmerman

“When we try to pick out anything by itself, we find it hitched to everything else in the Universe,” John Muir, a transcendentalist, wrote of nature’s connectedness in his 1911 book, My First Summer in the Sierra.

In 1997, Nature journal published ecologist Suzanne Simard’s Ph.D. theses, describing newfound proof of how plants within communities can be interconnected through an underground system, called a mycorrhizal network, to interact with each other.

This is Part 2 of a series Loveland resident and Ohio University student, Joe Timmerman wrote for The Post in Athens, Ohio. The Post is an award-winning, student-run media outlet that publishes online daily and also prints a weekly tabloid. They cover local and Ohio University news, sports, Athens life, entertainment and everything in between. The series is re-published here in Loveland Magazine with permission of The Post and Loveland High School graduate, Joe Timmerman a frequent contributor to Loveland Magazine.

“All trees all over the world, including paper birch and Douglas fir, form a symbiotic association with below-ground fungi … They compete with each other, but our work shows that they also cooperate with each other by sending nutrients and carbon back and forth through mycorrhizal networks,” Simard said in an interview with Yale Environment 360.

In this sense, trees communicate with one another on a deeper level than what is seen in the overstory and the understory of a forest.

From mothers and fathers sharing memories of trees they have grown to love with their kids to a lifelong woodworker who discovered a new relationship with wood as time went by, people are connecting with nature in new and old ways, as COVID-19 has brought a global feeling of social disconnection. People and their trees alike have a story to be told.

Phil Ping, 62, and his dog, Bandit, of Loveland, Ohio, with his logs and boards of Maple, Oak, Walnut, Pine on Wednesday, Sept. 30, 2020. (Photo by Joe Timmerman © 2020)

Phil Ping and his dog, Bandit, of Loveland, Ohio, with his logs and boards of maple, oak, walnut and pine. Ping has been a full-time woodworker for 35 years and has lived in his home for the same amount of time. The wood in the foreground are boards and slabs he cut from the logs that now have to air dry for one year per one-inch thickness before Ping will make them into tables, benches, shelves and more.

“The wood in the piles here are just waiting for their project,” Ping said. “Most of the wood I use in my built-in projects is from Paxton Lumber in Cincinnati. I use a lot of poplar, oak and maple. I use a sawmill to custom-cut local wood from dead trees that people bring by the shop. It’s been a great business to be in. Wood is a wonderful thing. I have a degree in agriculture, but I started in botany, so I’ve always loved plants and trees and have a real appreciation for trees and different species. When I first got my sawmill, it really changed my whole attitude for trees, so now not only do I love the outside, but I started to take them apart and learn how to use them in my craft. It’s been an ongoing relationship knowing how to handle the wood from the log all the way to the finished piece that I would sell to a client.”

Part 3 will introduce you to Iris Wilson of Hamilton Township, Ohio, with her pin oak tree. Wilson takes care of her dad, who still lives in this farmhouse.

Part 1:

Lovelanders Pat, Norah Jane, and Becky Hill connect with their trees…

Oct 19, 2020
A RED TIDE: 65% of Ohioans now living in counties with ‘very high’ levels of COVID-19

Jake Zuckerman is a statehouse reporter. He spent three years chronicling the West Virginia Legislature for The Charleston Gazette-Mail after covering cops and courts for The Northern Virginia Daily.

This story was written by Jake Zuckerman with local news added by Loveland Magazine staff.

–

Thursday was Ohio’s worst day of the pandemic and all evidence suggests things are likely to worsen, according to interviews and new state data.

Nearly 2,200 new COVID-19 infections were reported Thursday, the state’s third record breaking day last week.

There were 1,041 Ohioans in the hospital with COVID-19 — about 100 shy of the all-time high set in late July. The COVID-19-hospitalized population has nearly doubled since mid-September.

A “Public Emergency” has been declared in RED counties – with very high exposure and spread.

On Thursday, Governor DeWine released Ohio’s updated Public Health Advisory System map. New health data compiled by the Ohio Department of Health found that 29 counties currently have a very high risk of exposure and spread (Level 3): Hamilton, Butler, and Warren are among the “RED” counties.

“We’ve gone up dramatically in a relatively short period of time,” Gov. Mike DeWine said to reporters Thursday.

“What you’re seeing in today’s numbers should get our attention,” DeWine said. “There’s a red tide flowing all over the state of Ohio.”

The good news: More Ohioans than ever are being tested for the new coronavirus. The bad news: The rate at which those tests are coming back positive has doubled since Sept. 23, a sign the virus is growing more prevalent.

Thirteen new counties turned red this week indicating “very high exposure and spread” on the Ohio Public Health Advisory System — a product of seven inputs like hospital visits, outpatient care visits in a county, population-adjusted infection rates and others. Twenty-nine counties are red, spanning about two-thirds of the state’s population.

“What you’re seeing in today’s numbers should get our attention,” DeWine said. “There’s a red tide flowing all over the state of Ohio.”

DeWine said some of the newly-turned red counties are slated to host community events like political rallies, pub crawls and social gatherings and that “now is really the time to rethink whether these are in the best interest of the community.”

He did not address his own administration’s decision to exempt recent rallies for President Donald Trump from the statewide mask requirement.

View previous week’s DATA

While DeWine said there are no plans in store for any kind of statewide stay-at-home order, he declined to promise against instituting the policy down the line.

All told, nearly 176,000 Ohioans have contracted COVID-19. Nearly 17,000 have been hospitalized, and 5,038 have died since March.

In red counties, health department staff said they continue to see spread at family gatherings like bonfires, birthday parties and barbeques.

Jennifer Hiestand, a public information officer at the Zanesville-Muskingum County Health Department, estimated 60% of people in public are wearing masks. Contact tracers have found “mini outbreaks” that are seemingly the result of people letting their guards down.

In red counties, health department staff said they continue to see spread at family gatherings like bonfires, birthday parties and barbeques.

“People just made the decisions not to social distance or not to wear a mask, those things that they probably should have,” she said.

Mahoning County Health Commissioner Ryan Tekac said he is seeing a lot of the county’s progress this summer start to erode as cold weather drives people inside.

“I think there are some concerns right now that individuals are putting their guards down,” he said.

Ohio’s recent case surge fits in with a national trend. The New York Times reports cases are trending upward in 41 states, especially in the Midwest.

Sycamore Aves mom reminds us of the importance to stay home if you’re experiencing COVID-19 symptoms. These next few weeks will be crucial. Please do your part so we can stay in school!

Two holidays are coming up that will test Ohio’s public health discipline — Halloween and Thanksgiving.

Tekac said there’s a lot of concern, especially with Thanksgiving, about the potential for outbreaks. However, he said people know the guidance; wear masks, keep your distance, wash your hands, outside is better than inside.

He said at a certain point it comes to individuals making their own good decisions.

Dr. Anthony Fauci, the top infectious disease expert at the National Institute of Health, told CBS News it’s an “unfortunate fact” that Thanksgiving will cause a lot of spread and suggested skipping out on the tradition this year.

“I think given the fluid and dynamic nature of what’s going on right now and the spread and uptick of infections, I think people should be very careful and prudent about social gatherings,” he said.

Oct 19, 2020
[Meeting Videos] Christman Farm sale moves forward after public hearing
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.

Read the meeting packet

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

corporation

By:________________________________ Name: _____________________________ Title: ______________________________ Date:_____________
Oct 19, 2020