CENTERVILLE — The Second District Court of Appeals has made its ruling regarding the future of a Sheetz location in Centerville.
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In a court ruling obtained by News Center 7, the appeals court affirmed the original decision made in the Montgomery County Common Pleas Court. This means the Centerville City Commission needs to accept the recommendations of the Centerville Planning Commission, which approved the plan for the site on Far Hills Avenue.
The location is the current site of Elsa’s restaurant.
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As previously reported, the city appealed the decision in January, claiming the current ruling “challenges the city’s ability to enforce the standards of the Unified Development Ordinance (UDO) and and safeguard the interests of its residents, institutions and businesses.”
News Center 7 reached out to the City of Centerville about the ruling. They released the following statement:
“The City of Centerville is disappointed by the recent decision from the Second District Court of Appeals. This case has never been about a single development: it has always been about protecting the City’s right to make responsible land use decisions that reflect the values and priorities of our community. City Council carefully and unanimously determined that this proposal was not consistent with the surrounding properties or with Centerville’s long-established development standards. City Council’s functions vary but include serving in both administrative and quasi-judicial capacities. This case was clearly about the critical administrative role of the Centerville City Council, and we continue to strongly believe that local elected officials, those most familiar with the needs and character of their community, should retain the authority to make these important planning and zoning decisions. The City is currently reviewing the Court’s decision and evaluating all available options moving forward.”
There are still questions about the sale of alcohol on the site. An ordinance banning alcohol sales for off-site consumption at the location was previously approved by voters. It’s currently unknown if that will hinder the development or if Sheetz is seeking any type of legal action or other method to challenge the ordinance passed, or if they’ll continue with the site without carry-out alcohol sales.
“I dont understand why the city is getting involved in it. It’s more money for the city,” Denise Foster said.
But others living in the area did not want Sheetz as their neighbor; they even voted on an ordinance where Sheetz could not sell alcohol.
“This entire Far Hills area is just as congested as can be,” Max McGill of Centerville said.
McGill said he thinks a gas station the size of Sheetz could do more harm than good.
“Traffic would negate any benefit we would get from having them here,” he said.
News Center 7 has reached out to the lawyer representing Sheetz and Elsa’s about the ruling. We were told they would have more to say next week.
We’ll update this story as we learn more.
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