The Xenia Twp. Zoning Commission voted 4 to 1 in favor of the re-zoning proposal in June. The zoning commission is a recommending board, and the final vote and decision goes to township trustees, who will likely vote on the matter Thursday, said Alan Stock, township administrator.
RELATED: Intersection near Dayton International to be improved
“That weighs very heavily” on the trustees, Stock said of the Zoning Commission’s vote on the issue.
However, members of the Regional Planning and Coordinating Commission of Greene County have recommended twice against the proposal, most recently in June, said David Reed, an attorney for Nutter Enterprises.
“The reason I’m optimistic that the (township) trustees will turn it down is because it’s their legislative duty to do so,” Reed said.
The 23 acres is part of 34 acres of undeveloped land owned by Kil-Kare, with 23 acres in Xenia Twp. and 11 acres in Beavercreek Twp., according to attorneys for Nutter Enterprises.
RELATED: Daytonian of the Week: Zoe Dell Nutter
The land is zoned for agricultural uses, and Kil-Kare is seeking a change to B-3 “highway business district” zoning.
In an application to the Xenia Twp. Zoning Board, Kil-Kare said it wants to “build store and locks that would rent to the general public.” The application was signed by Marshall Foiles, director of operations at Kil-Kare and owner of Buckminn’s D&D Harley Davidson motorcycle dealership.
If approved, the re-zoning would open the land in question to any of an array of possible business uses, “many of which are of high intensity,” said a statement from the law firm of Taft Stettinius & Hollister, which represents Nutter Enterprises.
RELATED: Ohio factory owner: I need sober workers
“The proposed rezoning would only serve the interests of Kil-Kare,” said a brief from the firm to the Zoning Commission filed in June. “If the board of trustees rezones the property to a B-3 district, Kil-Kare will have the unregulated power to move forward with any of the 28 permitted uses under the B-3 district.”
“Store and locks are not a principal permitted use in B-3 Highway Business Districts,” Nutter’s attorneys added.
Reed said Robert Nutter’s “use and enjoyment” of his own home, which is near the raceway, could well be affected by a Kil-Kare expansion. Nutter is a partner in Nutter Enterprises, and a member of the Nutter family.
The Nutter family’s best known member is Ervin J. Nutter, the late chief executive and president of the aircraft parts manufacturer Elano Corp and was the namesake of Wright State University’s multipurpose arena.
But there are larger concerns, Reed said.
“We’re not aware of there being a need for 34 acres of store and lock,” he said. “Their proposal is to build a store and lock … they want to apply it to a total of 34 acres, and that makes no sense to us.”
Other possible business uses under the rezoning: auto service stations, bars and refreshment stands and “open-air commercial amusements,” which might include more racing and large truck and tractor-pulling, Reed said.
The attorneys said Kil-Kare pursued the same zoning change last year, but township trustees rejected the request.
“Seeking to rezone 34 acres of land at this location for store and locks does not make sense,” Robert Nutter said in his company’s statement. “That is a lot of land for store and locks. The neighbors know Kil-Kare has been on a long campaign to grow its operations. This is disappointing because the high decibel noise level from race cars, loud speakers and late-night crowds, combined with the bright spotlights, is a public nuisance that hurts the quality of life of the citizens, both residents and businesses, surrounding Kil-Kare.”
Messages seeking comment were left for Foiles at Kil-Kare and at Buckminn’s.
“I believe they’ll vote on this tomorrow evening,” Stock said Wednesday of a planned meeting at 6 p.m. Thursday at township offices, 8 Brush Row Road, Xenia.
“They’ve done their research, they’ve read the material, they have some ideas going into it,” Stock said of trustees.
Emails seeking comment were sent to each of the three township trustees. A message seeking comment was also left with the executive director of the Greene County Regional Planning & Coordinating Commission.
“Nutter Enterprises have their own reasons” to oppose this, said Stock, who also serves as the township’s zoning inspector. “I mean, 95 to 98 percent (of the opposition) is Nutter Enterprises.”
“Nobody wants an ‘aha’ or ‘gotcha’ moment,” Stock added. “This is a public moment so people can share what they feel … so the trustees can make a decision.”
About the Author
