Kil-Kare rezoning overturned by two votes

By Scott Halasz -

XENIA — The referendum on the rezoning of around 23 acres of Kil-Kare property was nearly a photo finish.

With 1,224 votes cast, the rezoning was defeated 613-611, according to the county board of elections and could face a recount due to the margin. Results are unofficial and according to the board of elections there are still seven absentee and five provisional ballots yet to be counted. The results become official 4 p.m. Tuesday, May 22.

The land was rezoned to B-3 highway business by the township trustees last fall so Kil-Kare officials could pursue opening a store and lock on the property. But the referendum was placed on the ballot by citizens concerned about the plan.

Dayton Attorney David Reed, who is representing the opposition group called Xenia Township Neighbors for Smart Growth, said residents needed more information.

“There was a statement made, and a plan, a very basic plan for a small store and lock that might take up about one acre,” he previously said. “The property was rezoned with no explanation of how it’s going to be used. Store and locks are not even a permitted use in a B-3 district.”

Reed said the rezoning opened the property up to at least 28 new uses, “some of which are entirely inappropriate for that location.” Reed said some of the new uses could include bars, a carry out, an open air amusement center and adult entertainment.

Kil-Kare Operations Manager Marshall Foiles said he has heard all the concerns, but maintains the plan is to construct a lock and store.

“You have all the construction up and down Trebein Road,” Foiles said. “With the restrictions put on these properties, they have no place to store anything since they can’t put out buildings or have trailers or boats in their driveways. We feel there’s a need we would like to fill by building this.”

Foiles said that the worries about the other uses allowed by the B-3 district are unfounded.

“Under the zoning there’s lots of things we can put there,” he said. “But we can’t hardly put any of those things without water and sewer. The cost of bringing water and sewer in would be more than (what they could make). All of their conjecture and speculation … what we can do without water and sewer is very limited. We’re not building adult entertainment. It gets real limited real fast.”

If the rezoning is approved by voters, Kil-Kare still would have to gain approval from the board of zoning appeals as the store and lock is a conditional use. The county would also need to issue a building permit.

“There’s lots of checks and balances that would prevent us from doing a large number of things there,” Foiles said.

Township trustees voted 2-1 for the rezoning.

By Scott Halasz

Contact Scott Halasz at 937-502-4507.

Contact Scott Halasz at 937-502-4507.