“This is the beginning of the zoning war between City Hall
and Mr. Faulkner and the illegal actions taken by City Hall concerning these
two properties.”
Vivian Jeff Faulkner is not looking to go war with City Hall
but what he is looking at doing is straightening out the improper ILLEGAL rezoning of
one of his properties located at 2400 Carmody Blvd. Vivian in 2014 Jeff Faulkner trustee purchased
two parcels of land from ACG one of those parcels was a 14.5 acres which was created
by removing the road frontage on Germantown rd. of the property located at 2014 Carmody Blvd. per
resolution R2013 – 17 which was adopted
on August 20, 2013.
RESOLUTION NO. R2013·17
A
RESOLUTION CONFIRMING A DETERMINATION OF THE CITY PLANNING
COMMISSION APPROVING AN AMENDMENT TO THE PLANNED USE
MODIFICATION DEVELOPMENT PLAN FOR THE MOBILE HOME PARK LOCATED
AT 2410 CARMODY BOULEVARD IN AN
1-1 (INDUSTRIAL PARK) DISTRICT AND
DECLARING AN EMERGENCY.
WHEREAS, Middletown
City Commission confirmed a planned use modification
development plan for the Avalon Mobile Home Park in Resolution No. 4102 adopted
October 15, 1971; and
WHEREAS, the
property owner recently sought a major amendment to the
original plan, which required a review and recommendation by City Planning
Commission; and
WHEREAS, Planning
Commission held a public hearing and recommended
approval of the amended plan on June 12, 2013; and
WHEREAS, City
Council held a public hearing on the recommendation of
Planning Commission on August 6, 2013;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Middletown, Butler / Warren Counties, Ohio, that:
Section
1
A
determination of the City Planning Commission approving an amendment to the
planned use modification development plan to reduce the number of mobile home lots
and create future light industrial development sites on the property
located at 2410
Carmody Boulevard in
an 1-1 (Industrial Park) District as
requested by the owner is
hereby confirmed.
Section
2
It is
hereby determined that the subject matter of this legislation is not of a
general and permanent nature, does not provide for a public improvement and
does not
assess a tax or a payment. Section 3 The planned use modification overlay (1-1 p) is removed from a portion of the subject property as shown on Exhibit "An attached
hereto. Section
4 This
ordinance is declared to be an emergency measure necessary for the
immediate preservation of the public health, safety and general welfare, to
wit: to
expedite the revitalization of the subject property, and
shall take effect and be in force
from and after its adoption. Isl Lawrence P. Mulligan, Jr. Lawrence
P. Mulligan, Jr., Mayor Adopted:
August 20,2013 Attest: Isl Amy
Schenck Clerk
of the City Council
HJLawneg/2013 leglr Planned Use Modification - Riverside.doc
Now I have a question? what is the address of the SUBJECT PROPERTY
ANSWER 2410 CARMODY BLVD.
Okay so Vivian can you find anything on this resolution that list the address of 2400 Carmody Blvd. that would be NO!!!!.
THE FACTS 1. Jeff Faulkner Trustee purchased 2 parcels in 2014 2. In 2014 Jeff Faulkner after the purchase of the properties contacted the city of Middletown "Marty Kohler" about the zoning of the properties at parcel 2400 Carmody Blvd. and the 14.5 acre track split from the 2410 Carmody property. 3. Jeff Faulkner after speaking with the city decided to rezone both parcels to C-2 a commercial zoning. 4. Jeff Faulkner was instructed by Marty Kohler to fill out a application to rezone the properties. NOTE: WHAT IS INTERESTING HERE IS THAT MARTY KOHLER WHEN DOING THE WRITE UP ON THIS APPLICATION ON MAY 15, 2014 Ref: letter C-3032 LISTED BOTH ADDRESS ONE AS 2400 CARMODY BLVD NEAR THE CORNER OF GERMANTOWN RD AND CARMODY BLVD AND STATES IT CONTAINS A STRIP CONVENIENCE RETAIL CENTER. HE LIST THIS PROPERTY CONTAINS 1.917 ACRES AND IS ENTIRE LOT 16158 5. Marty list the second parcel is a split from lot 16159 and is the portion of the lot that borders Germantown Rd and contains 14.5064 acres. 6. Jeff Faulkner is denied his zoning request and is told at the planning commission meeting that the city has plans for this land to support the airport. 7. The City of Middletown purchased the airport for around 1.5 million dollars and today still owns the airport. 8. Vivian not long after Jeff Faulkner was denied his rezoning of the properties he was informed on this blog that the lot 2400 Carmody was still a commercial lot because of the I1P overlay was not removed still showing on the city zoning map and that designation gave that parcel the right to operate a commercial strip center just like Marty Kohler had describe in his write up for the rezoning application. 9. On August 5, 2014 Jeff Faulkner went in to the city of Middletown Building office and filed a certificate of zoning compliance application form to allow him to open a commercial retail strip center at 2400 Carmody Blvd. 10. Jeff Faulkner later that day on August 5 2014 attended a city council meeting to confirm the zoning at which during citizen comments explain what had happen and handed out copies of the above resolution R2013-17 to all of the council and the staff Doug Adkins, Les "law director" and asked the Mayor Larry Mulligan to have one of his staff members look into why he was being mislead by city staff about the zoning of his property. NOTE: COULD THIS HAVE BEEN BECAUSE THE CITY HAD PLANS FOR THIS LAND. 11. The city manager writes Jeff Faulkner a explanation of what has happened and here it is you talk about a smoke job! I can see why they hired Doug Adkins.
~MIDDLETOWN
:::::
August 21,2014
To: Jeff Faulkner
From: Doug Adkins
Re: Riverside
Village MHP
Jeff,
You asked the City to put
in writing our position on the zoning of the parcels you recently
purchased from ACG Cincinnati, LLC. Please find below the timeline of events as
perceived
by the City.
On May 20, 2014, the City
received an application from Chris Barry, representing ACG
Cincinnati, LLC, as the owner of Riverside Mobile Home Park to amend the
existing
Development Plan. The proposal included changing the mobile home section of the
property from 306 spaces down to 132 spaces for mobile homes and to remove
other parcels
along Germantown Road from the Development Plan and allow them to revert back
to their
original zoning classification of I-I.
Legal Notice No. 13-7508
was published in the Middletown Journal on May 29, 2013,
advertising a public hearing on this matter for June 12,2013, at 6:30p.m. In
the Notice, the
following was listed:
Public Hearing: A request
by Chris Barry representing ACG Cincinnati, LLC and
owner of the Riverside Mobile Home Park for approval of an Amended Development
Plan to reduce the density for Mobile homes and to create I-I (Industrial Park)
development parcels on the Germantown Road frontage ofthe property. The
property is located at 2410 Carmody Blvd. in the 1'1 (Industrial Park) zoning
district
which does not permit the development of mobile home parks. (Emphasis added).
On May 28, 2013, a Notice
of Public Hearing was sent to adjacent property owners. The
location of the property is listed as the "southeast comer of Germantown
Road and Carmody
Blvd." and the Proposal is listed as:
1
A request for an amendment
to the development plan to reduce the density of
development and to use the Germantown Rd. frontage of the property for future
light industrial use.
On June 12,2013, Planning
Commission held a public hearing regarding this request.
Planning Director Marty
Kohler was sworn in to present the proposal. In the video of the
Planning Commission meeting, at 5:08, 7:23, and 11 :24 minutes into the video
Mr. Kohler
presents a map of the proposed changes. In each map, the entire frontage along
Germantown
Road is included to be removed from the development plan including the
commercial strip
center on the comer parcel. Mr. Kohler reviews the Airport and City Master
plan which
both call for the property to be removed from the development plan and to
revert back to uses
permitted in the 1-1 Industrial Park zoning classification. He specifically
notes that the
mobile home park property contains a strip center that originally contained
convenience
retail, a laundry, and park offices. He notes that the building mayor may not
be retained, but
that this parcel would be removed from the overlay district and would need to
contain uses
permitted in the 1-1 zone. 1 Mr. Kohler again displays the proposal
map showing the comer
parcel removed from the development plan and reverting to 1-1 Industrial zoning
at 17:47 and
18:14 minutes into the Planning Commission video.
At 24:00 minutes, the
public hearing is opened and Jeff Faulkner was sworn in at 24:23
minutes. At 24:25 minutes, Mr. Faulkner states that he is in favor of this
proposal. At
26:00 minutes, Mr. Faulkner asks specifically about the front lots that are
proposed to be
returned to 1-1 zoning, "What can you do with those lots?" Mr. Kohler
responds "It would
be assembly type manufacturing, research offices." At 28:59 minutes, Mr.
Faulkner states,
"I support it. I hope you guys will support it, and I
hope that City Council will do the same.
This is putting the City in the right direction."
At 29:30 minutes, Mr.
Barry, the owner is sworn in as the applicant and owner of the Trailer
Park. Mr. Barry testifies until 42:30 minutes
and at no time questions the proposal as laid out
by Mr. Kohler which reclassifies all parcels fronting Germantown Road back to
1-1 zoning
classification.
The Public Hearing was
closed and Planning Commission voted unanimously to approve the
plan as submitted. The written decision confirming the Amended Development Plan
was
unanimously adopted at the August 14, 2013 Planning Commission Meeting.
On June 18,2013, Mr. Kohler sent Legal Notice No. 7523 to the Middletown Journal for
publication once a week for two consecutive weeks on June 25 and July 2,2013.
The Notice
referenced a Public Hearing to be held as part of the City Council meeting on
August 6,
2013. The Public Hearing was to consider:
I See also, City Planning Commission
Minutes, June 12,2013, page 2. 2. City Planning Commission's
recommendation on a Planned Use Modification to
a Development Plan - Riverside Mobile Home Park - 2410 Carmody Boulevard
Located on the southeast
corner of Germantown Rd and Carmody Blvd. (Original
emphasis). The Proposal in the legal
ad was listed as: A request for an amendment
to the development plan to reduce the density of
development and to use the Germantown Rd.
frontage o[the property tor future light industrial use. (Emphasis added.) On August 6,2013, City
Council held a Public Hearing on this matter. At 1 :58 minutes into the Council meeting, the Public Hearing began. Mr. Kohler made a presentation
of the proposal to City Council. At 5:01, 6:23, and from 7:48 to 9:19
minutes into the meeting, Mr. Kohler displays the map on the City Council chamber wall clearly showing all
front parcels including the comer strip center parcel to be removed from the development plan
and changed from l-Ip to 1-1. At 7:10 minutes into the Council meeting
and public hearing, Mr. Kohler displays a picture of the strip center building located on the comer
parcel, and at 7:30 minutes Mr. Kohler states that "it is the intent to rezone this to an
industrial classification." At 12:19 minutes into the
meeting, Mr. Barry, the owner of Riverside Mobile Home Park, and the applicant, begins his testimony. At no time does he question the maps
or proposal before City Council. At 14:30 minutes into the Council
meeting, Mr. Barry points to the map showing all Germantown Road frontage including the comer parcel with the
commercial strip center and he testifies that the frontage parcels represent a "large
piece of land for somebody to put some light industrial on it." At 16:47 minutes
into the Council meeting, Mr. Barry is asked whether he intends to develop the industrial parcels. He
responds that his intent is that they "will be sold off for another to develop." The Public Hearing ends
with no further testimony. Later in the meeting, City Council
adopted Resolution No. R2013-17 adopting Planning Commission's recommendation
to
reduce the mobile home park density and to remove the Germantown Road frontage
from the development plan as requested by the owner. In Section 3 of the Resolution,
"The planned use modification overlay (I-1p) is removed from a portion of the subject
property as shown on Exhibit "A" attached hereto." The Exhibit "A" map
includes all frontage on Germantown Road including the comer parcel with the commercial strip center as
presented during the Planning Commission and City Council meetings. In your August 20,2014,
email, you state
"Doug what I am saying is that the 2400 lot
must have been listed on all of the notices and
the resolution as a subject property but it was not." 3. The property under
consideration was the Riverside Mobile Home Park, which included
multiple parcels and was listed on all notices as "the comer of Germantown
Road and
Carmody Boulevard." The purpose of notice is to allow potentially affected
property
owners the opportunity to offer opinion and testify on the proposed change. You
attended
the Planning Commission meeting, saw the maps as presented, and testified that
you were in
favor of the changes. You had actual notice of the changes, attended and
offered your
opinion at the time on the record on video. The owner of the property
testified at both Planning Commission and at City Council that he
wished to have the frontage removed from the development plan so he could sell
them off for
an industrial use to another developer. All maps presented at Planning
Commission and City
Council clearly showed the comer parcel as being removed from the Development
Plan and
reverting to I-I zoning classification. City Council had a public
hearing, accepted testimony and adopted the Resolution removing
the front parcels including the commercial strip center on the comer from the
development
plan, reverting it to an I-I zoning classification. The comer parcel at 2400
Carmody Boulevard was properly removed from the existing
development plan and by definition, reverted back to its original I-I zoning
classification
upon removal. The City believes that all proper steps
were taken in this situation and with
this correspondence we consider the matter closed. There will be no further
discussion of
the rezoning issue by City staff. If you have a proposed use
that you believe would be consistent with the Master Plan and
Airport Plan that would benefit the City, Les Landen and I are willing to meet
with you to
discuss your ideas further. Thank you for your
patience as we've researched and reviewed this situation. Sincerely,
Doug Adkins Vivian why Doug Adkins is creating that labyrinth letter to Jeff Faulkner at which he fails to mention or show one shred off evidence that 2400 Carmody Blvd is on a resolution that was passed by city council to rezone the property at 2400 Carmody Blvd to be rezoned the only one that it could be on is the one that I have now pasted on this blog. Well why Jeff Faulkner is waiting for the answer of the city manager Doug Adkins Mr. Marty Kohler has the zoning map changed he removes the I1p overlay from the 2400 Carmody Blvd. without any authorization from the city council. Vivian so this leaves another question who told Marty to do it.? guess we will never know cause he quit! This might just be a mistake by the city but why try to cover it up doesn't make any since to me. Vivian this is not the first time Jeff Faulkner has had a run in with Marty Kohler, Doug Adkins and the Law department. It seemed almost every time he spoke at a council meeting it the next day he was being wrote up for a sign violation or the city was towing one of his trailers and last but not least the improper removal of some money from one of his bank accounts at which by email the city did contact him and state they were returning it to him and did return the money to his account but before it could even post to the account charged him with stealing it. Of course this all went down when they were losing the MPHA program back to HUD and we all know who was running that show right surely that person would not have ill feelings over losing a program it took the city 4 year's to get reduced and the where they wanted it well that is over with. I CANT FIGURE OUT FOR THE LIFE OF ME WHY MARTY KOHLER DID NOT GET FIRED FOR CHANGING THE OFFICIAL ZONING MAP. Maybe someone with a higher pay grade told him to do it never know he quit? § 1216.02 CHANGING THE OFFICIAL ZONING MAP. If, in accordance with the provisions of this Zoning Ordinance, changes are made in district boundaries or other matters portrayed on the Official Zoning Map, such changes shall be made by the Director of Planning and Community Development on the Official Zoning Map promptly after the amendment has been adopted by City Council. No changes of any nature shall be made on the Official Zoning Map except in conformity with the provisions of this Zoning Ordinance. (Ord. 4886, passed 12-27-1968)
Hopefully the city and Jeff Faulkner can settle this at the planning meeting coming up and put this behind them and better the city by developing that land not just for the airport but everyone in the city to use that is what Jeff Faulkner wants.
Just throwing this out there In 2013 Jeff Faulkner was very open and spoke out how the MPHA section 8 program and needed to be turned over to HUD. I have heard the he even turned over state evidence of possible fraud actions by some of the city staff members this could of been the push that HUD needed to force the city to turn over the program. Vivian did Judy quit about that time? and who else was running that program? JUST THROWING THAT OUT THERE I believe this will all come out in that multi million dollar law suit that the city has to deal with that Jeff Faulkner filed in 2015. People just keep quitting Stay tune to this channel for further updates
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