HUBER HEIGHTS — Concept I Academy LLC withdrew its application for a major change of use effective at 3 p.m. Monday prior to the 7 p.m. Council meeting when Council was expected to affirm the recommendation of the Planning Commission to deny a major change to a previously approved development plan for a residential private school at the former Lamendola Elementary School at 5363 Tilbury Rd. that wold utilize the Ohio Dept. of Education K-12 program on site for 16 to 18 year olds.
“We respectfully acknowledge the consideration given to the Veteran and Woman-owned business in this matter,” wrote co-owner Theresa Darr in the letter.
Council voted to table the ordinance indefinitely.
Karen Kaleps, chairman of the Public Works Committee, told the Courier she wasn’t “terribly surprised” that Concept I Academy withdrew their application. She indicated that Concept I could file another application.
“They knew what we were going to recommend to Council from the Committee,” said Kaleps.
Kaleps said that in conjunction with attorney Scott Liberman of Altick & Corwin, the committee worked through the findings and determined that the school had not met the preponderance of the evidence concerning whether they should have the major change. She said there was also a question if they met the definition and could meet the requirements of a K-12 school as defined by the Ohio Dept. of Education standards as listed in Ohio Administrative Code Section 3301-35-08. They also examined the Huber Heights zoning code within part 2, title 7, section 1171.06 (general standards for approval) in which the applicant must meet a preponderance of the evidence that such Planned Unit Development is in compliance with the 12 standards for approval.
Council was expected to hear the second reading of the ordinance Monday night. The Public Works Committee reviewed the case on Sept. 8 and had recommended upholding the denial recommended by the Planning Commission.
The project was proposed to have a maximum of 32 students between 16 to 18 years old and that must go through a screening process to enroll. The Academy co-owners have previously stated that they do not accept referrals from the criminal justice system, medically fragile students, students requiring psychiatric supervision or students requiring drug or alcohol rehabilitation services. They have indicated the Academy does accept public, private and military dependent students.
Darr previously said they would like to open the school in October.
Concept I Academy withdrew its original application in June after Scott Liberman of Altick & Corwin gave his legal opinion that they did not meet the definition of a school.
In other business, Council approved a $2.9 million budget for construction, equipping and furnishing an approximately 8,240 square foot fire station at 9975 St. Rt. 202. They also authorized soliciting of bids for the construction of the new fire station.
Council authorized entering into a contract with Associated Excavating Inc. as the lowest and best bidder for the 2015 Water Main Replacement Program. The Water Fund will be utilized to construct this project at a cost not to exceed $700,000.
Council heard the first reading of a resolution declaring three 2007 Chevrolet Impalas from the Police Division as no longer needed and authorized trading them in to a dealer towards the purchase of a new vehicle.
Council heard the first reading of consent legislation for The Ohio Department of Transportation’s plan to microsurface State Route 202 within the Huber Heights in Miami County involving 5.06 straight line miles of road. The project is scheduled for bid in fiscal year 2019 and ODOT would take care of the funding.
Council heard the first reading of consent legislation for ODOT’s plan to raise the structure, install new deck, convert to semi-integral abutments, paint the superstructure and seal the concrete surfaces on the Chambersburg Rd. bridge over Rt. 4. According to City Engineer Russ Bergman, the road would be raised about two feet and could be closed for several months in 2019.
Reach Greg Smart at 937-684-8088 or on Twitter @HH_Courier.com.