David Reed, Dayton attorney for Nutter Enterprises, which opposed the zoning change, said he and his client are determining their next steps.
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A citizen referendum to place the question on a ballot is also a possibility, he said, noting he believes public sentiment is against the rezoning.
"We wish the trustees had followed their own zoning code," Reed said.
"We're concerned that the citizens of Xenia Twp. are going to lose because Kil-Kare is not a permitted use. It's a conditional use that now can expand out to 28 acres."
Marshall Foiles, operations director at Kil-Kare, said, "I appreciate the trustees and the zoning board taking the time to listen to all the things that were said. We're going to build some good looking store and locks in this area."
EARLIER REPORT
Xenia Twp. trustees are expected to vote later today on a request for new zoning on land near Kil-Kare Speedway and Drag Strip in Greene County.
Trustees heard public comments on the idea two weeks ago before closing a public hearing.
The racetrack complex seeks a zoning change for nearly 23 acres of land to build a storage facility.
But it’s a change which opponents say could lead to a “significant expansion of (Kil-Kare’s) operations.”
In an application to the township, Marshall Foiles, operations director at Kil-Kare, said he wants to change the zoning to a B-3 business classification, to build a “store and locks” for the public.
Opponents say the reclassification would open the land to an array of possible business uses, and what they fear would be excess noise and light.
The land in question is just north of Dayton-Xenia Road, about 50 feet west of that road’s intersection with Hawkins Road near Kil-Kare.
The Xenia Twp. Zoning Commission voted 4 to 1 in favor of the proposal in June. The zoning commission is a recommending board, however, and the final decision goes to the trustees.
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David Reed is the Dayton attorney for Nutter Enterprises and Robert Nutter. Nutter is a partner in Nutter Enterprises, and a member of the Nutter family, long a prominent Greene County family.
Reed said this morning he does not expect a public forum at the trustees meeting. Instead, there will likely be a deliberation by the trustees.
“It’s really for the purpose of their announcing a decision,” Reed said.
Reached at the Buckminn’s D&D Harley-Davidson dealership, which he owns, Foiles declined to comment Thursday.
“At our last meeting the hearing on Kil Kare was continued until our next meeting which is scheduled for August 17,” Xenia Twp. Trustee Susan Spradlin said in an email to a reporter last week. “I am anticipating that a decision will be made at that time.” She did not respond to follow-up questions.
Twp. Administrator Alan Stock said trustees have looked at “the data” and have consulted the township’s legal counsel.
“The public comments section is all over, so it will be (trustee) deliberation,” Stock said. Even though the public comments portion of the process is closed, he said the meeting is public.
The meeting begins at 6 p.m. at Xenia Twp. offices, 8 Brush Row Road, Xenia.
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