Absentee, provisionals give Kil-Kare a win

By Scott Halasz - shalasz@aimmediamidwest.com

XENIA — The results of referendum on the rezoning of around 23 acres of Kil-Kare property made a 180-degree turn.

After the May 22 official count — which included four absentee and three provisional ballots — the rezoning was upheld by Xenia Township residents, 617-614, according to final official results from the Greene County Board of Elections.

Unofficial results May 8 showed the rezoning was defeated, 613-611. A mandatory recount because of the margin of victory will take place 9 a.m. Wednesday, May 30, according to the board of elections.

“We’re excited about the results,” Kil-Kare operations manager Marshall Foiles said. “I knew (the provisional and absentee ballots) would make a difference. I just didn’t know which way it would go. I’m happy. And were planning on building some nice store and locks.”

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, previously 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.

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.”

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.

By Scott Halasz


Contact Scott Halasz at 937-502-4507.

Contact Scott Halasz at 937-502-4507.