The Anna Louise Inn today won another case in front of the Cincinnati Zoning Board of Appeals. The ruling upheld a Historic Conservation Board decision that gave Cincinnati Union Bethel, which owns the inn, a conditional use permit that will allow the social service agency to carry on with a planned $13 million renovation. Western & Southern in a statement given to reporters following the decision vowed to appeal the ruling.
At the hearing, Western & Southern attorney Francis Barrett, who is
the brother of Western & Southern CEO John Barrett, continued his
argument that the Anna Louise Inn is a “high-crime area.” The accusation
is meant to disqualify the Inn for the conditional use permit, which
requires that the building’s use will not be detrimental to public
health and safety or negatively affect property values in the
neighborhood. During an Aug. 27 hearing, the Historic Conservation Board found no direct evidence connecting residents of the Anna Louise Inn to
criminal activity in the neighborhood.
Barrett also emphasized Western & Southern’s stance that continuing on the current path set by the Historic Conservation Board is a waste of taxpayer money because the Inn is receiving public funds. Barrett labeled the funds “excessive expenditures.” However, that argument has little bearing on whether the Inn deserves a conditional use permit, because it’s not relevant to zoning laws and rules.
Tim Burke, Cincinnati Union Bethel’s attorney, began his defense of the Anna Louise Inn by calling the ongoing case one of the most “frustrating” of his career. He suggested Western & Southern is just continuing its attempts to delay the Inn’s renovations as much as possible.
Regarding the charge that the Anna Louise Inn has adverse effects on public health and safety, Burke told the Zoning Board of Appeals that the only adverse effect is on Western & Southern because “they want the property and can’t get it.” He claimed there is no proof that the Anna Louise Inn perpetuates crime in the area, and testimony and evidence presented in the case has proven as much.
The case is only one of many in the ongoing conflict between Cincinnati Union Bethel and Western & Southern, which CityBeat previously covered in-depth (“Surrounded by Skyscrapers,” issue of Aug. 15). Cincinnati Union Bethel wants to renovate the Anna Louise Inn in part with $10 million in tax credit financing from the Ohio Housing Finance Agency and a $2.6 million loan funded by U.S. Department of Housing and Urban Development that was awarded by the city. Western & Southern says it wants to use the Lytle Park area, where the Inn is located, for private economic development.
The series of cases began when Judge Norbert Nadel ruled on May 27 that the Anna Louise Inn classifies as a “special assistance shelter,” which requires a different kind of zoning permit than the previous classification of “transitional housing.” That ruling was appealed by Cincinnati Union Bethel to the Ohio First District Court of Appeals, which held hearings on Oct. 30 and is expected to give a ruling soon.
The Conservation Board staff reviewed the standards required for conditional use and the Anna Louise Inn’s application, concluding that the facility should be allowed to operate as a “special assistance shelter.”
The Board is expected to rule on the permit Aug. 27 after receiving the recommendation and hearing testimony from the Inn’s administrators and supporters. Representatives from Western & Southern Financial Group, which sued the Anna Louise Inn over zoning violations in 2011, will also have an opportunity to testify.
CityBeat last week reported the details of Western & Southern’s failure to purchase the Anna Louise Inn when it had the chance and the company’s subsequent attempts to force the Inn out of the neighborhood (“Surrounded by Skyscrapers", issue of Aug. 15).
Tim Burke, lawyer for the Anna Louise Inn, is pleased with the staff’s determination that the renovation met all qualifications for conditional use.
“I was certainly optimistic that we would get a positive recommendation,” Burke says. “This is obviously an extremely positive recommendation and we agree with it.”
The staff recommendation states that the Anna Louise Inn “creates, maintains and enhances areas for residential developments that complement and support the downtown core” and that “no evidence has been presented of any negative public health, safety, welfare or property injury due to the current use.” It also notes that “the Anna Louise Inn is a point of reference from which all other new and renovated buildings must be designed in order to be compatible with the district.”
The Anna Louise Inn only applied for the conditional use permit because Judge Norbert Nadel ruled in Western & Southern’s favor on May 4, determining that the Inn is a “special assistance shelter” rather than “transitional housing,” which froze $12.6 million in city- and state-distributed loans for the Inn’s planned renovation. The Anna Louise Inn appealed that decision but also applied for the conditional use permit from the Conservation Board under the judge’s definition, because special assistance shelters qualify for conditional use permits under the city’s zoning code.
Francis Barrett, lawyer for Western & Southern, appears to have taken exception to the Anna Louise Inn’s application. He sent a letter to the Conservation Board Aug. 20 stating that “the description of the proposed uses set forth in the application for conditional use approval … is not the same as nor consistent with the Court’s decision.”
Barrett didn't return a message left by CityBeat with the receptionist at his law firm after a Western & Southern media relations representative directed CityBeat to contact him there. Francis Barrett is the brother of Western & Southern CEO John F. Barrett.
UPDATE: Francis Barrett returned CityBeat’s call after this story was published. His comments are at the end.
Burke doesn’t know what Barrett meant by suggesting that the proposed uses in the Anna Louise Inn’s application for conditional use don’t follow Nadel’s May 4 ruling.
“We’re doing what they argued in court,” Burke says. “Judge Nadel’s decision doesn’t ever exactly say ‘you’re a special assistance shelter.’ It certainly refers to the Off the Streets program that way and it certainly refers to (the Anna Louise Inn) as a single unified use. It says ‘go back to the appropriate administrators and seek conditional use approval.’ That’s what we’re doing.”
Stephen MacConnell, president and CEO of Cincinnati Union Bethel, which owns the Anna Louise Inn, says the hearing will involve testimony from himself and Mary Carol Melton, CUB executive vice president, along with supporters of the Anna Louise Inn.
“We’ll bring a few witnesses just to basically lay out the situation,” MacConnell says. “The board will already have the staff recommendation, so the witnesses that we’ll bring will briefly testify about how we meet the required standards.”
Western & Southern will have a chance to appeal if the Historic Conservation Board grants the conditional use permit. Burke expects that to happen.
“What I’m pissed about is Western & Southern, they don’t give a damn,” Burke says. “We can do exactly what Judge Nadel told us to do and get it approved as a conditional use. They will appeal it to the zoning board of appeals. We can win it there and they will appeal it and get it back in front of Judge Nadel and then I don’t know what will happen.”
The hearing is scheduled to take place at 3 p.m. Monday, Aug. 27 at Centennial Plaza Two, 805 Central Ave., Seventh Floor.
UPDATE 5:36 P.M.: Regarding the letter Francis Barrett sent the Conservation Board Aug. 20 stating that “the description of the proposed uses set forth in the application for conditional use approval … is not the same as nor consistent with the Court’s decision,” Barrett said Friday evening: “I just felt that the description in the submission was different from the description in the decision. I would say it was just not complete.”
When asked for specifics, Barrett said: “I’d have to get the decision out and look at it carefully. I don’t have it in front of me I just thought in general.”
Barrett said Western & Southern will give a presentation to the Historic Conservation Board on Monday but declined to elaborate because it wasn’t finalized.
When asked if Western & Southern will appeal a ruling in favor of the Anna Louise Inn, Barrett said: “It all depends what the decision states.”
It will be headed to the riverfront, after all.
U.S. Transportation Ray LaHood will hold a conference call Thursday afternoon with media to announce that Cincinnati's planned streetcar system is getting a $10.92 million grant. The announcement is set for 12:15 p.m.
Without much fanfare
but with supporters looking on in the Losantiville Room in Union Terminal,
Cincinnati City Council passed an ordinance on Wednesday banning the injection of
wastewater underground within city limits.
“I’m proud to be on the first City Council to ban injection wells,” said Councilwoman Laure Quinlivan, who submitted the ordinance to council.
“I want to give props to the solicitors … who have come up with a very unusual thing in City Council — a one page ordinance.”
The ordinance, which passed unanimously after being voted out of committee on Tuesday, is aimed at preventing the injection of wastewater from hydraulic fracturing, or fracking, under Cincinnati. Its injection has been linked to a dozen earthquakes in northern Ohio.
Opponents also worry that the chemicals in the water, which is used to drill underground to free up gas and oil, can seep into drinking water. Oil and gas companies aren’t required to disclose which chemicals they use.
It’s unclear if the city’s ban on wastewater injection would hold up against a 2004 state law that gives the state of Ohio sole power in regulating oil and gas drilling. That regulatory power also extends to Class 2 injection wells.
At a news conference earlier in the day, Quinlivan cited a ProPublica story that said between 2007 and 2010, one well integrity violation was filed for every six wastewater injection wells.
She says data like this makes it clear injection wells are
Food and Water Watch organizer Alison Auciello spoke in
support of the City Council ordinance at the news conference.
“We’re pleased City Council has moved swiftly for the protection of its citizens,” Auciello said.
The Ohio Department of Natural Resources (ODNR) has received no injection well permit requests for southwestern Ohio, but Auciello says the legislation is a good preventive measure.
Heidi Hetzel-Evans, a spokesperson for ODNR, says it wouldn't be feasible to build injection wells in southwestern Ohio due to the region's geology.
"It's safe to say oil and gas drilling has no direct impact on southwestern Ohio," Hetzel-Evans says.
Auciello says more bans like the Cincinnati ordinance are necessary in Ohio. She says she’s concerned that Ohio is being turned into a dumping ground as massive amounts of wastewater from Pennsylvania are brought to Ohio due to a lack of regulation.
Auciello also echoed calls from environmental groups to ban fracking in Ohio. However, fracking supporters — including Gov. John Kasich — insist the process can be made safe with proper regulations.
This story was updated to reflect City Council's afternoon vote.
Vice Mayor Roxanne Qualls, the Greater Cincinnati Port Authority and community partners on Monday unveiled the “Come Home Cincinnati” initiative, which promises to make vacant properties available to new occupants in an effort to increase homeownership and redevelop neighborhoods hit hardest by vacancy and abandonment.
The goal is to establish a residential base that will help jumpstart private redevelopment and revitalize largely abandoned areas of Cincinnati and Hamilton County.
“Just about a year ago, we were in Evanston to talk about their housing strategy for the Woodburn Avenue corridor and what to do about the 200 vacant and abandoned properties in the community,” Qualls said in a statement. “The next logical step on the path to revitalization is to incentivize private market investment in the residential core of our neighborhoods and help to fill the once-abandoned homes with new owner-occupants.”
The initiative will work through the Hamilton County Land Bank, private lenders and community development corporations to connect potential homeowners with a pool of loan guarantees.
Qualls’ office says the plan will likely require tapping into the city’s Focus 52 fund, which finances neighborhood projects.
To qualify for the program, owner-occupants will have to meet minimum credit requirements, agree to live in the rehabilitated home for five years and pay for 5 percent of the total rehabilitation and acquisition costs as a down payment. After five years, the loan will be refinanced at the same or better interest rates to relinquish the city and its partners’ loan guarantee.
The city is eyeing a few potential partners for the initiative, including the Cincinnati Development Fund, Cincinnati Preservation Association, the University of Cincinnati Urban Design Center and neighborhood-specific groups.
The initiative will start with 100 homes in the pilot neighborhoods of Evanston and Walnut Hills, but it will expand to Avondale, College Hill, Madisonville, Northside, Price Hill and South Cumminsville as resources grow. It will work in conjunction with the Moving Ohio Forward demolition grant program, which allows the city and Hamilton County Land Bank to tear down blighted and vacant buildings.
At the same time, three of the neighborhoods — College Hill, Madisonville and Walnut Hills — are currently trying out form-based code, a special kind of zoning code championed by Qualls that allows developers to more easily pursue projects as long as they stay within a neighborhood’s established goals.
City Council will now need to approve a motion that gives the city administration 60 days to develop a plan and budget for the initiative. The city administration’s proposal will also require City Council approval.
A prominent, nonpartisan group today announced its opposition to Issue 48, the proposed amendment to Cincinnati's charter that would block the creation of a streetcar system for at least a decade.
The League of Women Voters of the Cincinnati Area issued a press release today stating it opposes the amendment because the wording is so broadly written that it would prevent the development of any passenger rail system including light rail or commuter rail.
Some members of city council agreed that the city needs to take a hard look at the way it inspects projects done with taxpayer money, but they took no action during a special joint committee meeting Thursday to discuss allegations that workers were being underpaid at the University Square development in Clifton.
Council members Laure Quinlivan, Cecil Thomas and Wendell Young presented a video investigation they conducted, which included interviews with workers on the project who claim they were being taken advantage of by the University Square developers.
Under Ohio and Cincinnati law, workers on projects funded by taxpayers must be paid a so-called “prevailing wage” (the same as a unionized worker) and be given benefits.
In Cincinnati, that wage is $23.17 an hour for the carpentry work done by the workers interviewed for the video.
The workers in the video claimed they were paid $500 for working a 60-hour week.
“Five-hundred dollars a week to me when you don’t have a job, that’s a lot,” said Garrick Foxx, a construction worker on the project.
“But actually when you average it out, it’s not. Like to the hour-wise it’s probably like 9-something, so like I could actually make that working at McDonalds.”
The University Square developer — a collaboration between Towne Properties and Al. Neyer, Inc. — is building a complex with a parking garage, residential units and retail space.
The City of Cincinnati has $21 million invested in the parking garage. The State of Ohio recently ruled that the prevailing wage provisions apply only workers constructing the garage that the city has money invested in.
Arn Bortz with Towne Properties said the controversy was ginned up by unions and it hasn’t been proven that workers are being underpaid.
“All of this was started by the unions themselves because they became very unhappy when the State of Ohio said a sizeable portion of our project was not subject to prevailing wage,” Bortz said. “They tried then to discredit and intimidate anyone who is on the other side of the table.”
Bortz said he agreed to pay a prevailing wage even to workers who worked on parts of the project not subject to the law. He said he cuts a check to the subcontractors based on that agreement.
“Whether any of those subcontractors might have been unfair to the workers, we do not know,” Bortz said. “If they were, they should be made to be fair.”
Deputy City Solicitor Aaron Herzig said if the contract required a particular wage be paid and it wasn’t, the city can bring a breach of contract action against the developers. But to start an investigation, a complaint must first be made.
The council members asked that their investigation be considered a formal complaint.
The City of Cincinnati today released the final draft for its plan to “re-establish (Cincinnati) as a model of a thriving urban city.” Plan Cincinnati, which will be taken up in a public hearing on Aug. 30 at 6 p.m., is the first master plan for Cincinnati since 1980.
The primary goal behind the plan is to transition the city away from a model that emphasizes suburban living back to a more urban model. The plan’s report justifies the shift by attributing it to a new societal need.
“Dissatisfied, American society is now beginning to reverse the trend (of suburban living) with the hope of returning to an environment that is more economically and environmentally sustainable, less dependent on the automobile, closer in scale to human form, and ultimately, truly more livable,” the report says.
The plan will make this transition with six guiding principles: Provide more transportation choices, promote equitable, affordable housing, enhance economic competitiveness, support existing communities, coordinate and leverage federal policies and investment, and value communities and neighborhoods.
The vague principles are outlined in greater detail in the 228-page report, which can be read in full here.
One of the key parts of the plan is its expansion of options for non-automotive travel. The plan promises to focus more work on bicycle paths, support a Bicycle and Pedestrian Program and build links between bicycle systems to allow more cycling through the city. The city will also “design and construct the Ohio River Bike Trail through Cincinnati” and make the city safer for cyclists by making roads smoother and cleaner.
The plan also encourages other transportation programs. Establishing better coordination with Metro buses, building intercity rail systems and integrating the new streetcar into a greater transportation model are a few of the many suggestions in the plan. With these systems, the plan hopes to “facilitate economic development opportunities.”
Beyond transportation, the plan also seeks to establish environmentally friendly programs. Some of the suggestions are developing a green construction incentive program, implementing smart grid networks and reforming the LEED tax abatement program to include additional energy efficient rating systems.
However, the plan is missing one important detail: cost. The report says Plan Cincinnati will be reviewed every year using the new Priority-Driven Budgeting process, but no estimates for cost are currently available. Katherine Keough-Jurs, senior city planner, explained why in an email: “That is not something that we provide. We have found over the years that providing cost estimates in long-range plans is problematic and the estimates can be misleading. Also, some of the Action Steps listed are not necessarily things that would have a monetary cost associated.”
A social worker that has written a new book criticizing Cincinnati’s development efforts in Over-the-Rhine will conduct a book signing Thursday.
Alice Skirtz, a Cincinnati native, is the author of Econocide: Elimination of the Urban Poor. She will host a book signing from 4:30-6:30 p.m. at Skirtz & Johnston bakery at Findlay Market, 113 West Elder St.
Proceeds from book sales at the event will be given to the Greater Cincinnati Coalition for the Homeless. Skirtz is the founding organizer of the coalition.
The book profiles growing economic inequalities in the city that is reflected in policy debates over contentious issues like panhandling, homelessness, planning and funding for affordable housing, zoning for social service agencies and site selection for shelters.
Written from a social worker’s perspective, Econocide focuses on advocacy for people who are most vulnerable in society to promote and make sure they’re included in the socio-economic policies of local government.
"Based on over 40 years of experience in working with the urban poor, I wrote this book to call attention to how they have become increasingly at risk of being removed permanently from the community and civic life," Skirtz said. "The growth of privatization has led to increasing economic inequities, lessening influence in administrative and legislative affairs, and decreasing access to housing and even public spaces. I intend for this book to lead to a change in how we treat the urban poor."
The book includes a blurb by David Mann, a local attorney who also is an ex-Cincinnati mayor and former congressman.
“You cannot read her book without tears coming to your eyes at some point and without wondering why a supposedly enlightened society cannot better balance the needs of the least among us with overall economic health and viability,” Mann wrote. “You will ask yourself why we cannot do better.”