COLERAIN TOWNSHIP, Ohio — The Colerain Township Board of Trustees will consider final approval of a controversial build along Colerain Avenue that we've covered extensively.
Neighbors living on Raeann Dr. complained of flooding and other issues stemming from a huge mound of dirt piled behind what will soon be the town's new Wawa.
A legal review of the township authority by Township Attorney Brodi Conover, voluntarily released online with a unanimous vote by the trustees, reached several conclusions. The review said that the township has the authority to either take no action against Wawa, enforce a change through the Colerain Township Zoning Resolution, or order that the "Earth Mound" be removed.
WATCH: We break down the legal review and what it could mean for the town
The review came after a series of statements by Development Director David Miller that Hamilton County's Conservation District was responsible for monitoring the mound and enforcing changes, not the township.
According to the legal review and multiple sources we reviewed, Wawa developers initially applied for approval from the Township's Zoning Board in May 2023 and were granted final approval of their development plan in September 2023.
The legal review summed up the applications with the following:
"The Earth Mound did not appear in any Developer materials submitted for the Township’s review during the zoning process. The Earth Mound was not discussed at either public hearing before Zoning Commission or the Board of Trustees. Nor does the Earth Mound appear in the site, grading, or landscaping plans comprising part of the preliminary and final development plans approved by the Township."
The mound did appear on plans submitted to the Hamilton County Conservation District late in 2023. The district issued them an earthwork permit in December 2023, but the conservation district responded to township claims with a letter laying out the roles of each government in August this year.
Township officials argued the developer didn't need to consult with zoning again after getting a permit from the county, but the legal review opens the door for the township to act if the final build is substantially different than the initially approved plan:
If the Board of Trustees takes the position that the Developer’s grading, site, and landscaping plans are baked into the Final Zoning Approval, the Board may further determine that construction of the un-approved Earth Mound violates the Final Zoning Approval. Official action may then be taken against the Developer in accordance with the Township’s typical zoning enforcement action procedures...
As the township's legal team conducted the review, people living on Raeann Dr. excitedly notified us that dump trucks were leaving the property on rotation, leveling the pile that had plagued them for months.
They believed the pile was being wholly relocated, but the trucks stopped coming after a few days, and much of the pile was left behind.
The legal review indicated Wawa's developers have applied for a new final development plan to be approved. This one includes the pile.
The staff report recommends approval by trustees if the developer meets a series of conditions listed in the staff report.
Trustees are expected to consider the plan at their board meeting set for 6 p.m. Tuesday.
