Disputed Kil-Kare decision delayed in Greene County

Contributed photo by Greg Billing
Contributed photo by Greg Billing

Xenia Township trustees delayed taking a vote on Kil-Kare raceway’s request for new zoning for property near its Dayton-Xenia Road racetrack Thursday.

David Reed, attorney for Nutter Enterprises, which opposes the proposed zoning change, expects a vote at a trustees meeting Aug. 17.

The trustees closed a public hearing Thursday on the zoning change, which means there will be no more additional public input, unless they seek that input, Reed said.

“They felt there was too much information to evaluate at the hearing, so they’re giving themselves some time to consider everything,” Reed said.

There will be another meeting in two weeks in which trustees will vote, he believes.

“Typically, they’ll explain why they’re voting the way they are and then they’ll cast their vote,” he said.

He said it’s his sense that trustees will choose to deny the application. “It’s contrary to their own zoning code,” he said.

Messages seeking comment were sent to the trustees.

Alan Stock, township administrator, said trustees felt there was no need to rush. Fifteen residents signed in to speak at the meeting Thursday, about 20 to 25 residents attended.

“There is a sense that they (trustees) wanted to digest what was said. and they wanted to investigate on their own some of the things that were portended,” Stock said Friday.

The racetrack complex wants a zoning change for 23 acres of land, a change which could lead to what what opponents called a “significant expansion of (Kil-Kare’s) operations.”

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, Stock said in an interview earlier this week.

RELATED: Kil-Kare request faces opposition from well-known Beavercreek family

However, members of the Regional Planning and Coordinating Commission of Greene County have recommended twice against the proposal, most recently in June, Reed said earlier this week.

“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.

The land is zoned for agricultural uses, and Kil-Kare is seeking a change to B-3 “highway business district” zoning.

In its 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.

Nutter and Reed have said they don’t want increase light and noise from expanded operations at Kil-Kare.