Middletown Ohio


Find us on
 Google+ and Facebook


 

Home | Yearly News Archive | Advertisers | Blog | Contact Us
Thursday, March 28, 2024
FORUM CITY SCHOOLS COMMUNITY
  New Posts New Posts RSS Feed - Middletown's MALICIOUS ACTS
  FAQ FAQ  Forum Search   Events   Register Register  Login Login

Middletown's MALICIOUS ACTS

 Post Reply Post Reply
Author
SEEKING THE TRUTH View Drop Down
MUSA Resident
MUSA Resident
Avatar

Joined: Oct 17 2012
Location: United States
Status: Offline
Points: 62
Post Options Post Options   Thanks (0) Thanks(0)   Quote SEEKING THE TRUTH Quote  Post ReplyReply Direct Link To This Post Topic: Middletown's MALICIOUS ACTS
    Posted: Jan 19 2015 at 7:49pm
Will someone please tell me how the city of Middletown's Marty Kohler was able to rezone this mans lot at 2400 Carmody property legally without proper notification of any kind per the zoning regulations. On August the 5th 2014 he went to a city council meeting and presented a up to date zoning map that showed this property to be under a commercial zoning I1p and that day he filled out an application earlier at the city's building department to open a business on August 5 2014 at that location. He was told by Doug Adkins that his 2400 Carmody property was no longer under a I1p overlay, But the cities zoning map showed it as just that. The explanation that the Les Landen and Doug Adkins gave him was that a resolution R2013-17 that doesn't even mention the 2400 Carmody lot changed it and Doug stated in a letter to Mr Faulkner that because he attended and spoke in favor of the 2410 Carmody rezoning at the planning commission meetings for a 52 acre parcel that constitutes that he new that 2400 Carmody was involved with the rezoning some how. READ THIS

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 I-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 I-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 payment. Section 3 The planned use modification overlay (I-1p) is removed from a portion of the subject property as shown on Exhibit “A” 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. _/s/ Lawrence P. Mulligan, Jr. Lawrence P. Mulligan, Jr., Mayor Adopted: _August 20, 2013____ Attest: /s/ Amy Schenck_____ Clerk of the City Council H:/Law/leg/2013 leg/r Planned Use Modification – Riverside.doc

Per the Butler County Auditors records below

Fact: 1. Subject Property is 2410 Carmody blvd  listed in the resolution R2013-17   
Parcel IdQ6511070000017
Address2410 CARMODY BLVD
ClassCOMMERCIAL
Land Use Code415, C - TRAILER OR MOBILE HOME PARK
Neighborhood90019002
Total Acres57.6200
Taxing DistrictQ65
District NameMIDDLETOWN C CSD
Gross Tax Rate74.306
Effective Tax Rate74.131185
 Facts: 2. The 2400 Carmody blvd was never mentioned in the above resolution R2013-17 
Parcel IdQ6511061000006
Address2400 CARMODY BLVD
ClassCOMMERCIAL
Land Use Code429, C - OTHER RETAIL STRUCTURES
Neighborhood90019002
Total Acres1.9170
Taxing DistrictQ65
District NameMIDDLETOWN C CSD
Gross Tax Rate74.306
Effective Tax Rate74.131185

To the city Zoning staff.
No notices were ever sent out with the address of 2400 Carmody Blvd for a zoning change for the 2410 parcel listed above related to the resolution R2013-17. The city planning commission minutes of record do not contain wording in regards to the 2400 carmody parcel and is not listed in the adopted resolution suggesting this parcel could not of been affected and it was not per the city zoning map as of 8/5/2014. So in this case the city has done some damage in my opinion to Mr Faulkner for the fact that he had this property sold as a commercial strip center and when he approached the city council on August 5 of 2014 and asked Mayor Mulligan to look into the allegations that the city staff was telling him this was rezoned in 2013, But on that day August 5, 2014 the city zoning map showed 2400 Carmody blvd untouched by the rezoning of the 2410 Carmody Blvd as listed in resolution R2013-17. 
 
Question: So who instructed Mr. Marty Kohler to changed the zoning map which resulted in a termination of Mr Faulkner's deal. No worries the deal was only worth about $400,000.00. I would think surely this was just a big mistake or was it. What I mean to say here is that per the minutes of several city and planning council meetings the city staff stated that the city had plans for his property. Well one way the city could accomplish keeping this property in their grasp was to improperly rezoning it which might be considered a little Malicious and against the law you think FOOD FOR THOUGHT! 

713.12 Zoning regulations notice and hearing.

Before any ordinance, measure, regulation, or amendments thereto, authorized by sections 713.07 to 713.11 , inclusive, of the Revised Code, may be passed the legislative authority place thereof in a newspaper of general circulation of the municipal corporation shall hold a public hearing thereon, and shall give at least thirty days' notice of the time and in the municipal corporation. If the ordinance, measure, or regulation intends to re-zone or re-district ten or less parcels of land, as listed on the tax duplicate, written notice of the hearing shall be mailed by the clerk of the legislative authority, by first class mail, at least twenty days before the date of the public hearing to the owners of property within and contiguous to and directly across the street from such parcel or parcels, to the addresses of such owners appearing on the county auditor's current tax list or the treasurer's mailing list and to such other list or lists that may be specified by the legislative authority. The failure of delivery of such notice shall not invalidate any such ordinance, measure, or regulation. During such thirty days the text or copy of the text of such ordinance, measure, or regulation, together with the maps or plans, or copies thereof, forming part of or referred to in such ordinance, measure, or regulation and the maps, plans, and reports submitted by the planning commission, board, or officer shall be on file, for public examination, in the office of the clerk of the legislative authority or in such other office as is designated by the legislative authority. No such ordinance, measure, or regulation which violates, differs from, or departs from the plan or report submitted by the commission, board, or officer shall take effect unless passed or approved by not less than three fourths of the membership of the legislative authority. No ordinance, measure, or regulation which is in accordance with the recommendations, plan, or report submitted by the commission, board, or officer shall be deemed to pass or take effect without the concurrence of at least a majority of the members elected to the legislative authority.

Effective Date: 06-01-1970

  FYI if there is one thing anyone should do in this type of situation is always record your face to face conversation anytime something happens to you because when you put someone on the witness stand they better tell the truth. GOOD JOB MR FAULKNER can't wait to see how this plays out from your trailer harassment to your improper rezoning. 
Back to Top
 Post Reply Post Reply
  Share Topic   

Forum Jump Forum Permissions View Drop Down



This page was generated in 0.148 seconds.
Copyright ©2024 MiddletownUSA.com    Privacy Statement  |   Terms of Use  |   Site by Xponex Media  |   Advertising Information