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Stop Development of Local Nature Preserve

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The Cincinnati Nature Center was founded by my Great Great Uncle, Stanley M. Rowe Sr., in 1965 an was opened to the public in 1967. He hoped to teach Cincinnati (Ohio), to appreciate and preserve the natural world for generations to come. Please help me keep his dream alive. It is important to protect and support local nature parks and preserves from development.

Background

Miller Place is a residential development with 1,445 planned housing units on a 271 acre parcel off Rumpke Road. The property abuts Rowe Woods near the Red Wing Trail. The tributary that drains most of the property flows into the West Branch of Avey’s Run.

On 10/25/18 the Union Township Trustees passed the Miller Place Revised Development Plan Resolution 2018-52. It provides for 1,445 residential units (875 rental units, 570 single family units) on the undeveloped 271 acre property on Rumpke Road. It represents two major modifications of the federal Consent Decree signed in 2000 by Union Township and the property owner Anthony M. Sansalone, Trustee:

  • Increase in the number of residential units from 575 to 1,445, and
  • Rezones the property with the inclusion of multi-family apartments.

Cincinnati Nature Center and many neighbors adjacent to Rumpke Road are concerned about this plan. The township trustees have not followed the law for rezoning in Clermont County. The plan should have been submitted to the Clermont County Planning Commission, the Township Zoning Commission and the Township Trustees, where there would have been an opportunity to obtain traffic studies, storm water & sewage planning and public input prior to making such a drastic zone change. The increase of 870 residential units could have a significant detrimental impact on the Nature Center’s Rowe Woods, the neighborhood and the surrounding region due to:

  • Increased surface run-off during construction and ongoing afterwards harming Avey’s Run and Barg Salt Run streams due to erosion, increased sediment and pollutants
  • Increased traffic on Old Route 74
  • Using eminent domain and public funds to acquire land for the private benefit of the developers to create a second access onto Old 74 through Melody Lane
  • Unplanned financial demands on the township due increased services for police, fire, streets and schools

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2/21/19 - Judge McBride issued a written decision to DENY the Motion to Disqualify. He has set Monday 2/25 at 1:00 pm to hear arguments on Union Township’s two Motions to Dismiss and the Nature Center’s Motion to Consolidate both suits into one case before the Common Pleas court.

2/14/19 - Judge McBride stated that property owner Sansalone’s Motion to Disqualify Strauss-Troy from representing Cincinnati Nature Center must be addressed before the case can proceed. He indicated he would issue a written decision within a week.

2/7/19 - Judge McBride, stated the motion to disqualify S-T must be dealt with before the case can proceed. He scheduled a hearing for that purpose next Thursday, February 14 at 12:30 pm.

1/29/19 - Council for Miller Place property owner Sansalone filed a motion to disqualify Strauss & Troy, the nature center’s council, claiming a conflict of interest. This is based on another S-T attorney many years ago preparing an estate plan for the Sansalones. Prior to taking our case, S-T asked the Bar Association for an opinion (common practice, but not legally binding). The opinion was no conflict.

1/9/19 - Case re-assigned to Judge Jerry McBride

1/4/19 - Nature Center files memo in opposition to motions to dismiss and files a motion to expedite (February 6 is deadline for issues to be placed on May ballot)

12/24/18 - Union Township files a motion to dismiss the Declaratory Judgment

12/18/18 - Cincinnati Nature Center and Committee to Protect Avey’s Way file Motion to Consolidate the cases.

12/14/18 - Committee to Protect Avey’s Way files petition for writ of mandamus in Clermont Common Pleas Court asking court to require petitions to be submitted to Board of Elections.

12/4/18 - Union Township Trustees reject petitions claiming Resolution was not a zoning issue and therefore not subject to Ballot Referendum.

11/27/18 - Cincinnati Nature Center and Committee for Protection of Avey’s Way file declaratory judgement arguing Union Township has violated State Law regarding Township Zoning.

11/21/18 - 3,879 signatures on 299 petitions submitted to Union Township by Committee to Protect Avey’s Way.

10/25/18 - Union Township Trustee approve Resolution for Miller Place with 1,445 residential units including 850 apartments

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