LOVELAND MAGAZINE

News and Events from the Loveland, Ohio Area

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Since 2004

Tag: Zicka Homes

  • City Hall won’t cancel public hearing despite stay at home recommendations from State and plea from residents

    City Hall won’t cancel public hearing despite stay at home recommendations from State and plea from residents

    Loveland, Ohio – There is a public hearing Tuesday night at Loveland City Hall – to hear from the public and despite resident’s pleas about their COVID 19 concern, it will go on as scheduled. The legal requirement to avail the residents of the city the opportunity to make their case face-to-face with their elected council members whether or not they want condos built on North Second Street (St. Rt. 48) south of Sentry Hill subdivision with the potential use to build 25 condominiums.

    Resident Dave Stanton who lives in Sentry Hill wrote to City Manager Dave Kennedy and his assistant Tom Smith on November 16 outlining several reasons for delaying the hearing:

    “With the number of people that want to speak at the Public Hearing, we are requesting that the Public Hearing scheduled for November 24th be postponed until the COVID Levels return to Level 2 in all three counties and the State of Ohio changes their advisories to allow Public Gatherings. This request is for the best of the City Council, City Staff, and Loveland Residents in following the advisories and staying healthy.”

    A Level 3 Public Emergency means there is very high exposure and spread. The advisory is to, “Limit activities as much as possible.”

    Over the past two weeks, there have been 1,365 COVID 19 cases in Clermont County, 5,602 in Hamilton County, and 1,556 in Warren County. The revised health order issued by the Ohio Department of Health on November 20 said minimize the spread of COVID-19 through airborne particles passing between people in close contact there should be no activities in open congregate areas. Local doctors are pleading for people to stay home.

    Stanton told the City administrators that the rezoning public hearing is very important to all residents however specifically the residents of North Loveland who wish to be heard in person and in front of the people they elected.

    “Our concerns are with the current COVID virus at Level 3 in all 3 counties (Hamilton, Clermont, Warren) and participating in a public meeting based on the current advisories from Governor DeWine on Public Gatherings,” Stanton wrote. “Even with the City following the current CDC COVID guidelines, the 3 counties continue to see a significant increase in the number of new daily COVID cases.”

    Stanton pointed out the State advisories on public meetings:

    • Avoid gatherings, limit contact with people outside of your household, and reconsider holiday plans
    • Reconsider hosting or attending gatherings of any size – this includes with friend and family

    When Stanton did not hear back from Kennedy or Smith he followed up in another email on November 18 asking, “Can you please provide an update on this request for delaying the Rezoning Public Hearing in regards to the current COVID advisories?” He concluded with, “I need to let our residents know the status of the Public Hearing”

    With “social distancing guidelines in place in the council chamber the occupancy has been greatly reduced. With 7 council members, the City Manager and his assistant, the Council Clerk, the city attorney, the Finance Director, police and fire chief, there are but a handful of seats remaining for an audience. A public hearing on a subject as controversial as this project is would, pre-pandemic, be expected to garner 50 or more attendees.

    The response Stanton received from Smith was a pert, “The public hearing is scheduled for Nov. 24th .”

    Stanton replied today copying all of the city council with a renewed plea on behalf of the 92 residents who have signed a petition opposing the re-zoning. He also attached the petition to his email along with the names of residents and the comments his group has gathered on their “No-Rezoning” website. So far 124 comments are opposing the condo project.

    Stanton’s plea today to postpone the hearing said:

    Dear Council Members;

    We the citizens of Loveland are extremely disappointed in the City’s position and the response on not delaying this Rezoning Public Hearing until this current COVID crisis situation improves. This is based on Governor DeWine’s advisory on Mass Gatherings and all 3 Counties being at Level 3.

    We have many people that want to speak directly to the City Council on this rezoning to have their voices heard. But, they are uncomfortable in attending a Mass Gathering with the risks associated with COVID under the current state and local county advisories. They will not be able to attend tomorrow’s public hearing.

    We ask that you reconsider your position and delay this Rezoning Public Hearing until things improve and you can hear directly from the Citizens of Loveland. This rezoning is a very important issue for North Loveland and all of the Loveland Citizens in regards to following the current Comprehensive Plan and the lack of a plan on solving the RT 48 traffic congestion issues.

    Attached are the responses from the no-rezoning website and the signed petition in opposition to this rezoning.

    Thank you,
    Dave Stanton

    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.

    Council is expected to make the first of two required votes on the re-zoning tomorrow night.

    For more background on the condo proposal and video of resident opposition:

    For 3rd time Zicka is back requesting condo approval

    By Loveland Magazine -Oct 28, 2020

  • For 3rd time Zicka is back requesting condo approval

    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

  • 32 unit condo project sent back to P&Z

    32 unit condo project sent back to P&Z

     

    New public hearing set for September 1

    Loveland, Ohio – “ We’re approaching a traffic nightmare,” resident Courtney Hauck told City Council during open forum at their meeting on August 11. Hauk lives in a restored, historic Victorian home on State Route 48 (North Second Street) in North Loveland across the street from where Zika Homes hopes to build 28 condos.

    Hauck then proceeded to outline sections of the zoning code that he believes should prohibit the development. He believes that the Planning and Zoning Commission “erred” when they recommended rezoning the land from medium density to multifamily use.

    An application has been submitted on behalf of Joe Farruggia with Zicka Homes to re-zone 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. The area consists of approximately 5.529 acres of undeveloped land.

    cccc

    After a public hearing, the Planning and Zoning Commission, on July 21, with a 3 to 2 split-vote sent the proposal to City Council for a final decision. Assistant City Manager Tom Smith in recommending the zone change at the time, told the Commission, “It is the opinion of City staff that the proposed rezone would be consistent with the recommendations of the Downtown Strategic Plan, surrounding land uses, and poses very little significance in the disparity between the two zones in question. Therefore, City staff dos not believe that the integrity of the code, surrounding land uses, nor their density requirements will be jeopardized with regards to the applicant’s request for rezone.”

    Hauck also told City Council that a home in the adjacent Sentry Hills subdivision recently sold for $880,000 and suggested that Zika should build high-end single-family housing that would further enhance the neighboring home values – instead of lowering them. He said that Zika was given a variance in 2017 for single family homes on the property, “But apparently decided they could not make enough money so came back with a far more profitable plan.” Hauck also expressed concern that access to the cemetery on the property promised by Zicka is not adequate because it would be too narrow for burials to take place there.

    A few minutes later during the August 11 Council meeting City Manager Dave Kennedy recommended that the request be removed from the Council agenda and recommended a motion to send the application back to the Planning and Zoning Commission so they can obtain additional information as to how the project would meet the requirements of the code.

    Kennedy said the project was not “fully vetted” from a zoning code standpoint by the Commission and he thought it best that it go back and be reevaluated. Kennedy said that he shared some of the same concerns regarding complying with the requirements of the code that Hauck expressed a few moments before.

    Both Hauck and Kennedy cited Section 1115.06 of the code and the requirements Zicka must meet before the land can be re-zoned for more intense land use.

    Section 1115.06: STANDARDS FOR ZONING MAP AMENDMENTS

       (a)    Recommendations made only by the Planning and Zoning Commission shall be considered for map amendments. All recommendations by the Planning and Zoning Commission for zoning map amendments shall be consistent with the City’s adopted plans, goals, and policies and with the intent of this Zoning Code.

    A.   Prior to making a recommendation on a proposed rezoning, the Planning and Zoning Commission shall make a finding to determine if the following conditions exist.  No rezoning of land shall be approved prior to specific documents finding at least one of the following:

             1.   There has been a change in demand for land which alters the information upon which the zoning map is based. A study indicates that there has been an increase in the demand for land in the requested zoning district.  The study shall provide a rational basis for indicating why a change in the zoning map is warranted.

             2.   Proposed uses cannot be accommodated by sites already zoned in the City due to lack of transportation or utilities or other development constraints, or the market to be served by the proposed use cannot be effectively served by the location of the existing zoning district.

             3.   There is an error in the Code text or zoning map as enacted.

             4.   The City of Loveland’s current Comprehensive Master Plan specifies a different land use for the subject property other than that which is specified on the current zoning map.

    City Council voted unanimously to send the condo proposal and re-zoning to multi-family use back to the Commission.

    There, the process starts over again with a Public Hearing on September 1 at 7 PM at City Hall.

    Concerns about increased traffic on St. Rt. 48 and gridlock going into Historic Downtown are the most often cited problem immediate neighbors have expressed about changing the land use to multi-family.

    Hauck ended by saying he didn’t think the Zika proposal was the best project in the world and he would like to see the area remain single-family zoning.

    Previous stories about the condo proposal:

    Re-zoning for possible 28-Unit condo project proposed for North Second Street
    [VIDEOS] Re-zoning for 28-Unit condo project passes Planing Commission muster

    You can watch video of residents speaking against the re-zoning during the July 21 public hearing at the Planning and Zoning Commission and watch the developer defend his proposal.

    https://www.youtube.com/embed/UHAN-3CDklc
    https://www.youtube.com/embed/vrktFHCkOCE
    https://www.youtube.com/embed/rGVxq0Mf608
    https://www.youtube.com/embed/uoYi5ZM7B20
  • Re-zoning for possible 28-Unit condo project proposed for North Second Street

    Re-zoning for possible 28-Unit condo project proposed for North Second Street

    Loveland, Ohio – An application has been submitted on behalf of Joe Farruggia with Zicka Homes to re-zone 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.

    A public hearing on the proposal is scheduled for this Wednesday, June 24 at  7:30 PM at City Hall. The public will have an opportunity to comment on the proposal.

     

    Assistant City Manager Tom Smith told Loveland Magazine this morning that a “concept of what could go in the area”, subject to the approval of the rezoning, could be 28 single-family attached townhomes. “The item up for discussion this Wednesday is for the rezone only. To date, no application has been submitted for the development of this area,” said Smith.

    City staff is recommending that the re-zoning be approved.

    The applicant is requesting re-zoning the property from the current zoning of Residential – Medium Density (R-MD) to Residential – Multi-Family (R-MF).

    The area consists of approximately 5.529 acres of undeveloped land.

    In a memo to the Planning and Zoning Commission dated June 24, Assistant City Manager Tom Smith said in part:

    It is the opinion of City staff that the proposed rezone would be consistent with the recommendations of the Downtown Strategic Plan, surrounding land uses, and poses very little significance in the disparity between the two zones in question. Therefore, City staff dos not believe that the integrity of the code, surrounding land uses, nor their density requirements will be jeopardized with regards to the applicant’s request for rezone.

    Policy Options

    Recommend the proposed recommendation to the City Council for approval, deny the proposed recommendation, or propose an alternative solution.

    Recommendation

    Staff recommends that the Planning and Zoning Commission make a favorable recommendation to the City Council for the approval of the applicant’s rezone request as stated in the applicant’s application.

    You can see the entire proposal that the Commission will debate here: Blossom Hill Project