Council approves 18-month moratorium

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BROOKVILLE — Council May 21 amended and heard the second reading of the ordinance establishing the zoning classification for 85.611 acres of Clay Township land located on Upper Lewisburg-Salem Road annexed to the city on March 23, 2023.

Approximately 27.465 acres of the land situated at the front of the annexed land will be zoned as General Business District.

The remaining 58.146 acres will be zoned R-1A.

The amended ordinance also calls for both the General Business District and the R-1A zoning to be placed under a Planned Unit Development Overlay District, so council and the city can have control on how the land will be developed.

Council also approved a motion declaring a moratorium for any future annexations for the next 18 months.

The moratorium motion was requested by mayor Chuck Letner as a result of comments from city and township residents who voiced concerns with the potential development of the Upper Lewisburg-Salem Road property at the May 7 public hearing on the zoning classification of the property, in addition to the expressed concerns by citizens of other potential developments in the city.

“After listening to our citizens – not only in Brookville, but our townships – we’ve heard the concerns and we’ve taken it all under consideration,” Letner said.

Letner said the moratorium is warranted as the city goes through the process of updating its current comprehensive land use plan.

“Our last comprehensive land use plan, adopted in 2003, is kind of at its end,” Letner said, adding the plan was a 20-year project.

“We’re in the process of doing another comprehensive land use project through the Miami Valley Regional Planning Commission. We want to go through the process of having the new comprehensive land use study done,” Letner continued.

At the May 7 public hearing, city and township residents voiced their concerns about future growth in the city.

Alex Jamison, who lives on Upper Lewisburg-Salem Road, stated he will have to “stare at this monstrosity” (development) across the road from his house.

“I’m a brand new resident. After I spent 20 years in the military, we relocated here to be in a nice, quiet town like the one I grew up in,” Jamison said.

“This town had everything we wanted and you’re trying to destroy it,” Jamison said.

“This isn’t what I wanted when I moved here. I didn’t want a giant housing development with a gas station across the road. I could have had that by staying in the city I used to live in,” Jamison said.

Jamison said photos of Brookville “captured his wife’s heart.”

“She wanted to move here,” Jamison said.

“I had to move around several times and I finally had the chance to pick a house in a town that both my wife and I love and it’s getting yanked right from under me. I don’t appreciate what you are doing,” Jamison said.

Jessica Shelton, who lives on Brookville-Pyrmont Road, stated she “dreamed of getting a home in the country.”

“We were thrilled to move to this small tight-knit community. This is why we chose Brookville, among other reasons like a great school district and living close again to friends and family,”Shelton said.

But Shelton said her dream was shattered when she leaned “the rural agricultural land connected to her property was in the process of being annexed to become part of Brookville” with “a potentially huge and congested housing development” being built there.

“Having known this prior to closing, we would have never purchased this home,” Shelton said.

“It has become devastating knowing that not only another development in Brookville is going to be thrown up, we are also personally losing our dreams of piece and quiet in the country,” Shelton said

Shelton stated after talking with many neighbors and residents in Brookville, “it has become quite clear the majority are not pleased with the direction the city is heading.”

“What is Brookville going to be like with these dense neighborhoods? What is going to happen with our already overpopulated school? The school district is why many people live here,” Shelton said.

Brookville resident and planning commission member Jeff Wright stated the city needs an updated comprehensive land use plan.

“Our current plan is 20 years old. We need a new one,” Wright said.

“I think that is vital to the success of many cities. My stance going forward is we shouldn’t annex another acre until there is a comprehensive land use plan in place,” Wright said.

Brookville resident and planning commission member Tony Ezerski agreed with Wright.

“A 20-year-old comprehensive land use plan is not going to work,” Tony Ezerski said.

Tony Ezerski also said questions and concerns from residents are being ignored by council and planning commission.

“These people are telling you what their worries are and it’s falling on deaf ears,” Tony Ezerski said.

Tony Ezerski said the same thing is happening to him as a planning commission member.

“Many of my votes on planning commission have fallen on deaf ears, too,” Tony Ezerski said, adding he is “one of the few people on planning commission who votes no.”

“Back when I was interviewing for planning commission I said I was all for smart growth. But when I ask questions like what’s the school’s capacity and the student-to-teacher ratio or what’s the wastewater treatment plant’s capacity, somehow it’s decreased over the past 20 years,” Tony Ezerski said.

Wright said there needs to be a better assessment on the pros and cons and the risks and awards on any development being done in the city.”

“This is more critical to me,” Wright said.

Wright indicated there are “two components of that.”

“I’m really focused on the financial components. There’s revenue developed from people who come into our community. There’s tax revenue in a variety of areas,” Wright said.

Wright also noted revenue is also coming into the city from sales.

“That’s important. It brings in money and we need to net that against all the expenses that will invariably be created in the form of school capacity, roads and utilities, water and police protection. Crime comes with more people,” Wright said.

“Anytime there is a development there needs to be a proper risk and reward assessment that’s done on that development. Developers should be paying for that,” Wright said.

Clay Township resident Steve Berk, who is the Ohio Farm Bureau’s elected southwest regional trustee, stated the loss of agricultural land will continue.

“In the last six years we have lost 300,000 acres of ground to non-agricultural uses in Ohio. It is going to continue. There’s no stopping it. In the past 65 years the population of the United States has doubled, along with Ohio,” Berk, who represents the interests of Ohio Farm Bureau members in 20 southwest Ohio counties, said.

Berk, a member of the Montgomery County Farm Bureau for more than four years, who also has served as its president, said “Brookville is the postcard for the American dream”

“Brookville is a great community with great schools and close proximity to all kinds of economical development, so we’re going to have development,” Beck said.

Beck indicated he would prefer the land in and around Brookville to remain agricultural.

“I live on Wengerlawn Road and I can sit on my front porch and see the Payless facility. Am I happy about that? No. I’m not happy about Duramax either, but we’re going to have development whether it be residential or commercial,” Berk said.

Berk also noted it’s hard to tell a farmer he can’t sell his land.

“How are you going to tell a farmer whose margins are narrowing every day because of increased input cost to go out and sell a piece of ground, that maybe a little on the marginal side, for big dollars so he can keep his family in farming for future generations?” Berk asked.

Berk said the only way to control the development is to implement a well-thought out comprehensive land use plan.

“No, I don’t want to see anymore houses in Brookville, but we’re going to get them,” Berk said.

“So let’s plan for it correctly. Let’s do it right. Let’s get a planning plan in place. Let’s be smart about it and utilize what we have, the talents we have and the resources we have,” Berk said.

“I challenge council and planning commission to get a good plan in place and follow it. Make it work for not only the city, but the surrounding community and the two townships involved,” Berk said.

At the May 21 council meeting, Bruce Garber, of Sycamore Street, who presented council with a list of questions on May 27 he wanted answered, voiced his concern

about an incident where a semi-truck driver sheared off a fire hydrant at the Speedway gas station located north of Interstate 70 which left the city within 30 minutes of experiencing low water pressure.

“What would have happened if there had been a fire at the high school or at Brookhaven (Retirement Community) or DMAX at that time? Anybody know?” Garber asked council.

“Do those figures even count the usage by DMAX, by the cement plant, by the 80 planned apartments and by all this development that is going on now. Do you have those numbers?” Garber continued.

“We received your request. It was pretty short notice getting it just yesterday (Monday) morning. Staff will report to you,” Letner replied.

“You should have known those numbers before you said yes (to any development),” Garber said.

“How many gallons an hour at the DMAX plant is that going to add to the water towers?” Garber asked.

“It is the same with the wastewater treatment plant. Will that have to be expanded? What is the average flow on a peak day? Will the new DMAX plant and other approved developments overload the facility resulting in an expansion of the facility?” Garber continued.

“You need to know that before you annex more land and grow Brookville,” Garber said.

Several other citizens attending the May 21 meeting thanked council for approving the annexation moratorium.

“I’d like to say thanks for the 18-month moratorium for looking at the growth of Brookville,” Matthew Williamson, of Johnsville-Brookville Road, said.

Williamson also thanked council for its decision to create a new comprehensive land use plan stating “I think it’s a cool tool to use for future growth.”

“As a citizen of Brookville, I do recognize that Brookville needs to grow. There’s no doubt about that,” Williamson said.

“It just shows that when we (citizens) show up and we challenged the leaders of this community that we need something they responded and that is a good thing,” Williamson said.

Salem Street resident Jaime Laquinta also thanked council for approving the moratorium.

“I appreciate the 18-month moratorium. That was excellent. Maybe what we are saying isn’t necessarily falling on deaf ears,’ Laquinta said.

Maple Street resident Michelle Ezerski agreed.

“I wanted to thank you for listening to the public comments. We do appreciate you issuing and approving the moratorium and that you are listening,” Michelle Ezerski said.

“We hope as you are putting together the comprehensive land use plan that you are continuing to consider the reason we all live in this community,” Michelle Ezerski added.

Reach Terry Baver at [email protected].

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