council committee meeting april 27 16.pdf

8/18/2019 Council Committee Meeting April 27 16.pdf

1/57

ty of Troy

WEDNESDAY, PRIL 27 2016 5:45 PM

Finance

CommiHee

TROY CITY

COUNCIL

COMMITTEE MEETING NOTICE

COUNCIL

CHAMBERS,

CITY HALL

100 S. MARKET STREET, TROY, OHIO

(Kendall [Chm.J, Schweser, Tremblay)

1 Provide a recommendation to

Council regarding

authorizing an

application be

filed for the use

of

Project

Year 2016 CDBG Funds.

Community Economic

Development

CommiHee

Twiss

[Chm.J, Kendall, Schweser)

1.

Provide a recommendation

to Council regarding:

0-20-2016, Zoning

of

Trader Annexation, lnlots 10578

10579, from County zoning

of

A-2, General Agriculture to City zoning

A

Agricultural District.

2

Provide a

recommendation to Council regarding:

0-21-2016, Zoning

of Cheney

Annexation, lnlot 10574,

from

County

zoning

of

R 1

AAA, Single-Family,

to

City zoning

of

M-2, Light Industr ial District.

3.

Provide a

recommendation to Council

regarding: 0-22-2016, Rezoning

of IL

9678 from M-2, Light Industrial

District,

and

B-2, General Business District, to the single zoning

of

B-2, General

Business

District

Other

Committees/items may be added

4-22-2016

Cc:

Mayor

Mr. Titterington

Mr. Kerber

Mr. Frigge

Department Heads

Chamber of

Commerce

media


2/57

FIN NCE COM


3/57

~ t Q / ,

Q (\\0

City

of

Troy

u ~

MEMORANDUM

Patrick E. J. Titterington

· · · · ·

···

100 S.

Market

Street, P.

0.

Box 3003

Troy,

Ohio 45373

phone: 937) 335-1725/fax: 937) 339-8601

patrick. itterington@troyohio .

gov

TO:

FROM:

DATE:

Mrs. Baker, President

of

Council

Patrick E J. Titterington, Director

of

Public Service and Safetrf l{7

April 19, 2016

SUBJECT: Y 2 16 COMMUNITY DEVELOPMENT GRANT BLOCK APPLICATION

RECOMMENDATION

That

Council authorize an application be filed with the Ohio Development Services Agency (ODSA) for

Program Year 2016 Community Development Block Grant (CDBG) funds.

BACKGROUND

The

City is eligible to receive 150,000 of PY 2016 CDBG funds to be used for qualifying projects

in

2017. This includes 75,000

ODS

allowed to be held over from

PY

2015.

Proposed CDBG-qualified projects include:

10,000 Lincoln Community Center Swimming Pool access device installation

40,000 Treasure Island universal accessibility dock installation

85,000 Sidewalk street corner accessibility ramp installations

in

East Troy

3,000 Fair Housing Program

12.000 General Administration

150,000 Total

These installation projects qualify for funding because they fit the accessibility objectives

of

the CDBG

program. Other projects also were considered, including a request from Habitat for Humanity of Miami &

Shelby Counties, OH for 170,000 for additional improvements to its new ReStore location

in

Trojan

Village Shopping Center and a request from the Family Abuse Shelter

of

Miami County for additional

exterior masonry repairs at its Franklin House. Other funding sources are being sought

for

those two

proposals. Detailed information is attached, from the Development Director.

REQUESTED ACTION

It would be appreciated

if

you would assign to a Committee

of

Council consideration

of

the above

projects so that legislation can be authorized for an application to be filed for use

of PY

2016 CDBG

funds

for

the selected projects.

Cc:

Mayor

Beamish


4/57

M MO

Date: April19, 2016

To: Patrick Titterington, Director

of

Public Service and Safety

From: Jim Dando, Development Director

Re: PY 2016 Community Development Block Grant Application

Please ask City Council to approve filing an application for proposed Program Year (PY) 2016

Community Development Block Grant (CDBG) Community Allocation Program projects for

construction in calendar year 2017. Because

of

the Ohio Development Services Agency's Office

of

Community Development (OCD) June 1i filing deadline, City Council legislation needs to

be approved at the May 2nd or May

16th

City Council meeting.

OCD allowed Troy

to

holdover the PY 2015 allocation, so we have a total of $150,000 for the

City

of

Troy in the FY 2016 cycle. This compares

to

$75,000 each in PY 2014 and PY 2013 and

$84,000, $96,000, and $105,000 in the next previous years. Administrative costs, environmental

reviews, and required Fair Housing program support will cost about $15,000.

Proposed CDBG Project 1 is installation

of

a motorized lift device for handicapped accessible

use at the Lincoln Community Center swimming pool. The Lincoln pool is seeing referrals from

some doctors who suggest the water aerobics program for patients with mobility problems. This

is in addition to the senior citizens already using the pool, some

of

whom would benefit from the

lift because they have difficulty using the pool's steps and ladder. With installation, the lift is

estimated to cost $10,000.

Proposed CDBG Project 2 is installation

of

a handicapped accessible canoe/kayak dock for

Treasure Island Park. This will fit well with the other recent improvements to the park and make

water sports more accessible

to

a wider range

of

people. The EZ Launch® Accessible Transfer

System is also ideal for children, seniors, or anyone needing extra stability launching and

docking a kayak or canoe. The dock is estimated to cost between $38,000 and $40,000

depending on the difficulty

of

installation.

Proposed CDBG Project 3 is construction

of

street-comer handicapped access ramps in East

Troy. This work will be coordinated with the next round of the Sidewalk Repair Program. This

is a modular project that can be expanded to include as many street comers as will fit the grant

budget. Each comer could cost from $1,500 to $2,000. The typical street intersection will then

cost up to $8,000 for its four comers. An $85,000 part

ofthe

grant should be able to finance

construction of ramps for about a dozen street intersections, depending on how competitive the

bidding environment will be in 2017.

Other projects suggested for potential CDBG funding were:

1

Habitat for Humanity

of

Miami Shelby Counties, OH alterations to the rear dock area

of

the new ReStore location at 1490 West Main Street(+/- $171,000). This project does


5/57


6/57

OMMUNITY

ECONOMIC DEV COM


7/57

/

I

II

I

I

CITY

OF

TROY OHIO

ORDINANCE No. o 2o 2o16

ORDINANCE CHANGING

THE

ZONING OF

11\ f...OTS

10578

Afi D 10579

IN

THE CITY OF TROY, OHIO FROilfl llll-2,

FROM

THE

1\RIAillif COUI\ TY ZONING OF A-2, GENERAL

AGRICULTURE.

TO

THE CITY OF TROY ZONING OF A,

AGRICULTURAL DISTRICT

WHEREAS, a request for zoning change was presented

to

the Planning

Commission

of the

City of Troy, Ohio,

to

rezone lnlots 10578 and 10579

in

the City

of

Troy,

and

WHEREAS, the Planning Commission of the City of Troy, Ohio, has reviewed

the plan and recommended approval, and

WHEREAS, at least thirty days notice of the public hearing of said change has

been provided

in a newspaper of general circulation,

NOW, THEREFORE, BE IT ORDAINED by the Council

of

the City

of

Troy, Ohio

as follows:

SECTION

1:

That the zoning

of

lnlots 10578 and 10579

in

the City

of

Troy,

Ohio, and

as

shown on Exhibit A attached hereto,

be

changed from the Miami County

zoning of A-2, General Agriculture, to the City of

Troy zoning

of A,

Agricultural District.

SECTION II: That this Ordinance shall

be

effective

at

the earliest date allowed

bylaw:

Adopted:._________

Approved:._________

Attest: =. . . . . . . : : : -

Clerk

of

Council

President

of

Council

Mayor

. .

. -

- · ·

. . .

-- .

- --

·- -- -_


8/57

hii:CBAELW C:::OUn

1101'1 3SIONAL.ENCINJ PAlQU

l".J.QJ'ZSSlONA.L

T J . . ~ O k

6 Ql

CourrENGINEERlNG CoMPANY

CJVILENGJNEER-LAND

SURVEYOR

21146 COl11ll'Yl.OADl$.A

nor.aaro.um

Jl1)ID-l Jl • (VJ7). J..:JCO

Septz:mbcr

30,

2009

DESCRIPDON

3H69 Al:re

l nd

Harold E. 'JDdtr

Being a 34.469 acre tnct locmd in the Joofheart md soutlJwb MsionNo. 2 to aS/1"

dia. c apped - pin lOCI;

~ o r t h

76 deg.-03'-23"1 ut1Dr

~ . 6 4 1 1 . 1 1 > a

S l" ilia. < J PCC ironpin set;

Soulh

16

dq.-04'-46"l a.rtfor

66.00

ft.

1o

an

itoapinbmd;

thcnu, NOI h

03

deg,-40'-54" l a.rtfor29B.SB ft. to a

paiD . wftness

pwing

""iron

pin

found I t

298.14 :ft

.;

t h = South 86 de,g.-12'-12"Eastfar 143UHI.. loa

~ / 8 clia.

copped

ironpin set;

hence,

South

03

g . - 5 0 ' - 4 6 W e s t f o r 7 3 1 . 0 5

ft_

oloilji a

new

division

line to

a 5/1 dia capped

iron

pin et

in

1bcnoxthl:ine

of Lot 16 ofl'on:rtVJr:w

SUbdivisionNo .

3;

~ c e , South 7-4 de,g.-ll0'-00" West

far

475.00 ft. oloilji

1bc

nor h:Jine ofFoxes View Subdivision No.

3to 518"

dia. capped

iron pin

set

at the

northwest comer of

Lot 13

o f l ' = s t V i o w S o b d i v i s i a n ~ o . 3 ;

thClct, South

16

dq.-00'-00" Eastfor210.00fl..

oloiljifilo

....tline of lie

f ~ ~ ~ a a i d L o t 13

to the fK lllil set

a:t

filo

l


9/57

MEMORANDUM

TO:

FROM :

DATE:

SUBJECT :

Mrs. Baker,

Pr

esident, Tr

oy

City Council

Sue Knight, for the Troy Planning Commission

March 20, 2016

REPORT OF lHE PLANNING

COMMiSSION

ON THE REZONING OF

THE

PROPERTiES

KNOW \

AS

THE

TRADER ANNEXATION, INlOTS 1 578 AND 10579, TWO

PARCELS

FOR A TOTAL OF 34.469

ACRES

FROM THE COUNTY ZONING OF A-2, GENERAL AGRICULTURE, TO THIE

Clnt'

ZONING OF A,

AGRICULTURAL DISTRICT

On M arch 9 2016 the Troy Planning Commission considered th e rezoning the properties known as the Trader

Annexation, lnlots 10578 and 10579. Th ere are two parcels for a tot l

of

34.469 acres. The requested rezoning is

from th

e County zoning of A-2,

Ge

neral Ag ric

ultur

e

to t he City zoning

of A

Agricultural

Dis

t rict. This property

is

located east

of

DeWeese

Road

and

north of

Troy-Urbana Road.

The

property

ow

ner/rezoning applicant is Harold

E

Trader, LLC . Staff advised that

the

applicant

is

seeking a City zoning

that

will

continue the

agricultural use.

Th e Planning Commission determined not to hold a public hearing on this rezoning application.

By unanimous vot

e

the Troy Planning Com

mi

ssion recommends

to

Troy City Council

that

lnlots 10578 and 10579,

kn

own

as t he Trader Annexation, be rezoned

from the

Cou

nt

y zo ning of A-2, Genera l Agricu

ltu

re District, t o the

City of Troy zoning of A Agricu ltural District, based on the findings of staff that:

The proposed rezoning

is

consistent with

the intent

and purposes of

the

C

ity

of Troy Zoning Code;


is

co

nsistent

wit

h t he

su rr

ounding zoning districts;

Proposed

use is

consis

tent

with t he requested zoning district and the proposed C

it

y of Troy zoning

district; and

The proposed rezoning is consistent with

the

City of Troy Comprehensive Plan.

Attached is a copy of the

information

reviewed by the Commi

ss

ion. This request is forwarded herewith to

Co

u

nci

l

for

The Public Hearing before Council has been set fo r

th

e April 18 meeting of Counci l.

encl.


10/57

BACKGROUND:] J jb

Harold Trader has ~ i e d for Planning Commission to consider the rezoning of parcels

K30-042350 ( ~ 0 . 8 1 8 - a c . ) and K30-048707 (1.014 ac.) located east ofDeWeese Road and

north

of

Troy-Urbana Road. Currently, the properties are county zoned A-2 General

Agriculture and the applicant requests that the zoning of the parcels be rezoned to city

zoning of Agriculture.

The land is currently undeveloped and located east of De Weese Road and north of Troy

Urbana Road. The surrounding zoning districts include County Zoning of A-2 General

Agriculture to the north and east, County zoning

of

R-1AAA Single-Family Residential

to the south, and City of Troy Zoning ofR 1 Single-Family to the west of the parcel. A

map depicting the city and county surrounding zoning districts have been attached to this

report.

DISCUSSION:

The applicant has cited that the reason for the annexation/proposed rezoning is

to·

keep

the land agricultural while having the property located within city limits.

t

is the owners

intent

to

continue to farm this land in the immediate future.

The Zoning Code describes the proposed Agriculture zoning district

as

designated to

provide for agricultural activity on large tracts and areas

of

open land containing a

minimum of twenty (20) acres. Certain public and semi-public uses intended to serve

residential development are permitted- This district w ll be mapped in undeveloped areas

at the outer periphery of the City where there is minimal water and sewer service.

Attached

to

this report is a list

of

all the Agricultural zoning districts uses.

The Comprehensive Plan's Future Land Use Map (Figure 14-2) displays this property

as

future residential use. Specifically, in Chapter

14

under the Northeast Sub-Area, the

Comprehensive Plan states The desired future residential development for this area is

low-density residential, due to the both the characteristics

of

the land and the adjacent

uses to the south. The existing road network cannot support unrestricted or increased

numbers of similar residential densities. With future improvements to the road network,

however, higher densities could be accommodated. Future residential development

should be commensurate with the changing needs

of

the Troy community as reflected in

the Comprehensive Plan. To achieve the City's desire housing diversity, a low-density


11/57

Plauni

g Commission re DeWeese Road/Troy-Urbana ll

Rezo11i11g

Marcil

9,

2016

-

Page 2 o 3

designation of 2.18 units an acre, translating to a minimum of 20 000 square feet lots is

needed .. . A copy

of

Figure 14-2 has been attached

to

this report.

n :reviewirng rezonmg

J [ > r r o p o s ~ l s Section

1139.07 outlines the

criteria

on which to

base decisions:

A) Whether the change in classification would be consistent with

the

intent andpurpose

o his Zoning Code.

The proposed rezoning is consistent

with

the Zoning Code. Section 1131.02(o) (r)

state the purposes

of

the Zoning Code are to preserve and enhance property value, and

direct particular land uses to the parcel

of

land best suited for them. The proposed

rezoning request achieves these plll'poses.

B)

Whether the proposedamendment is made necessary because

o

changed or

changing conditions in the area ajfocted,

and, i

o, the nature of

such

changed or

changing conditions.

The proposed rezoning is not made necessary because of changing conditions in the

affected area. The proposed use will not have any adverse effects in the area

and

is

similar to the county zoned General Agricultural that exist to the north and east.

C) Whether the uses that would be permitted on the property

i

t were reclassified would

be compatible with the uses permitted on other proper ty in the immediate vicinity.

The prop9sed use is compatible and similar to the county zoned General Agricultural that

currently exist to north and east.

D)

Whether adequate utility, sewer,

and

water facilities,

and

all

other

needed public

senices exist or can be provided to serve the uses that would be permitted on a property

i t were reclassif ied

All utilities can be provided.

E) The amount ofvacant land that currently has the same zoning classification as is

proposed or the subject property, particularly in the vicinity o he subject property, and

any special circumstances, in any, that make a substantial

part

o uch vacant land

unavailable for development.

In the vicinity of he subject property, there is no available vacant land in the city zoned

with

the Agriculture zoning classification.

F) Whether the

proposed

amendment would correct an error in the application

of

his

Zoning Code as applied to the subject property.


12/57

Plmmi11g Commissioli

re DeWeese Roatl Troy-Urbann Rd.

Rezo11i11g

Marcli 9 2016 • Page 3 of

Not applicable n this request.

PUBL][C HEAIUNG:

Due to the straight forward nature

of

the rezoning request the compliance with the City

ofTroy Comprehensive Plan and the fact that City Council is required to hold a public

hearing

if

the request proceeds on staff does not feel that a public hearing before the

Planning Commission is waiTanted.

RJECOMMENDATION:

taff is recommending that the Planning Commission recommend approval of the

proposed rezoning from county zoning of General Agriculture to city zoned Agricultme

based on the following:

o The proposed rezoning is consistent with the intent and purposes of the City of

Troy Zoning Code; and

o The proposed rezoning is consistent with the sun-ounding zoning districts; and

o Proposed use is consistent with the current county zoning district and the

proposed City ofTroy zoning district; and

o The proposed rezoning is consistent with the City of Troy Comprehensive Plan.


13/57

Annexation

to

the

Ci ty of

Troy

t

Legend

ll.. PK

noll

:Ht

'Q. Mag noll found

o ron

pin found

)::( 1" Monument Spike

:

0

...

i

s§

Xz

1

=a.u

J

o.w

«n

o

5/8• dlo. capped Iron pln

set (Cozott, 56001)

Scale:

1'

=200

Town

1 Range 11BTMRS Section 7

Town

1

Range 10BTMRS Section

12

Staunton

Township,

Miami

County, Ohio

Containing 34.469

Acres

I I

Jl

----n---

JOHN S. GARBRY

D.B. 505, PC.

i34

I N L O T ~

33.-464 ACRES

HARblD

E

TRADER,

lRUSTE[

o.B.

no

PO

81 J

SECllON 7,

TOV H 1 RANGE:

1TB'TMRs

27.624. ACR£s

IN S£CT10N

7

References

Vol ,

13, Pg.

187 ~

ol ,

14, Pg.

13

Vol.

19, Pg.

102

Vol.

21, Pg.

173 ,

Vol. 24,

Pg.

163

Mfaml County Engineers

Vol.

JJ, Pg.

137

Record

of

Land Surveys

Vol. 41, Pg.

34

Vol.

42,

Pg.

160

Vol.

52,

Pg .

01

P.B.

07,

Pg.

112

~

P.B.

oa,

Pg. 16

P.B. 08, Pg. 32 Miami County Recorder's

P.B. 08,

Pg

. 110 Plot Records

P.B. OB, Pg.

111

P.B. 21, Pg.

12

0 100 200 300

40

14.Jf.54

il

.

l ,

Ho\R < ~ L ; & , . ; ; . £

PRESIDENT .OF COUNCIL MAYOR

/


14/57

Scheduleai Planning Commission Meeting

(Held every

2 d

and 4

1

h

Wednesday of the month at 3:30p.m.)

Oftlice Use O n ~ y

Date Filed

____

Date Requested: - ----

Applica

nt

(s) scheduled on the agenda will be notified

Accepted by ____

Filing Fee Pd.

___

Receipt#

APPLICATION IS DUE TWO (2) WEEKS PRIOR TO MEETING

~ P f P l ~ C ~ Y ~ O N I F O ~ Z O N ~ N G AME DMENl

C ~ T Y

OF

TROY

P l N N ~ N G C O M M ~ S S I O N

(MUST BE TYPED OR PR INTED LEG IBLY IN BLACK IN

K)

(READ SECTION 1139 OF THE

ZONING

CODE BEFORE COMPLETING APPLICATION)

An application for an amendment to the City of Troy, Ohio Zoning Code that would change the zoning classification for

the property located at

i 3

25Q

l

~ : k /

«JnQ].

{A

(Street AfJ ress) l)

being lot number(s) from f ent

t

NM I ~ tflr

•mlVf

Phone No.

(Parcel Identification Number) { xiSng Zonlg Classification) ( posed

Zomng

Classification)

APPliCANT

Name

Address

City

----------------------

State

Zip Code - - - - - - - - - - - - - - - - - - - - -

Phone No.

FaxNo.

Fax No.

Email

Email - - - - - - - - - - - - - - - - - - -

The applicant is the . . . ; O : . . . . . h / ~ , = . . , J J ~ e ¥ . . - : - . . , . - - - - : - " : " : ' : " - . . . . . . , . , . . _ _ _ _ , . , - - - - of the property, which is subject to this application

(State the interest of he applicant)

PLEASE PROVIDE THE FOLLOWING:

1. The reasons for seeking a change in the zoning classification or zoning tex

t:

Attach as EXHIBIT A .

2. The legal description of the land proposed to be reclassified: Attach as EXHIBIT B .

3. A site plan prepared by a registered engineer, surveyor or architect in duplicate drawn to such scale as to clear

show:

a. The actual dimensions of the subject property according to the recorded plat of such property, lot

numbers, it's present zoning classification, existing and proposed uses: Attach as EXHIBIT C .

b. The present zoning classification

of

all surrounding lands located within two hundred and fifty (250) feet

of the land proposed to be reclassified: Attach as EXHIBIT

D .

c.

A list (see example) of the names, addresses, and lot numbers of the owners of property within a radius

of two hundred and fifty (250) feet from the parcel or parcels of land proposed to be reclassified:

Attach as EXHIBIT E

i. Include one (1) copy of County Tax Maps

ii. Include two (2) sets of mailing labels

4. 2 complete sets (Exhibits A-E) reproducible in a format no larger than 11 x1

7

5. Filing Fee

of

$150.00 made payable to the City

of

Troy

Page 1 of 2


15/57

HEREBY DEPOSE AND SAY THAT THE ABOVE STATEMENTS AND THE STATEMENTS CONTAINED

IN

THE EXHIBITS PREPARED BY

ME

AND TRANSMITTED HEREWITH ARE TRUE.

/)U IL

A

pplican t Signatu

Subscribed and sworn to before

me

this 2 I day of_IJ_e_ ~

JOSEPH

C KLATTE Notary Public

My Commission Expires - : ~ ~ ~ · : , l l l : J < I . n e ~ S I J ; t a t ~ e ( g j o f ~ O h ~ i o ~ ; m ; - ; 2 V t f r -

a

e

~

r (Notary Publi

(For Office Use Only Do Not Write Below This Line)

REQUIRED DOCUMENTS:

EXHIBIT A Reasons for Zoning Reclassification

EXHIBIT B

legal

Description

EXHIBI

T C Site

Plan:

lot dimensions, lot numbers, current zoning, existing and proposed uses

EXHIBIT

D

Site Map with Zoning & Owners within 250 feet of parcel

EXHIBIT E

Property Owners l istwithin 250 feet of parcel

l abe ls

Two (2) Sets of Mailing labels of Property Owners

Copies

Fifteen ( 15) Complete Sets

in

a reproducible format 11"x17"

Map s)

One (1) County Tax Map s)

Filing

Fee

Check issued to City of Troy for 200.00

Additional Documentation

List):

PLANNING COMMISSION DISPOSITION:

PUBLIC HEARING DATE

I

RECOMMENDATION TO CITY COUNCIL

CITY COUNCIL DISPOSITION:

1

5

Reading:

2 d:

3rd:

PUBLIC HEARING DATE

COUNCIL COMM ITTEE RECOMMENDATION

A Q ~ r o v e d

Denied:

CITY COUNCIL ACTION

Ordinance

Number:

Effective Date:

Revised 10/25111

Page 2 of 2


16/57


17/57


18/57

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d

.

lay map.asp

iogis.org/ tsp

ttp://www.troyo

Page 1 of

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/21/2015


19/57


20/57

2) Have a minimum lot width

of

one thousand 1 000) feet.

3) Have a minimum lot depth

offive

hundred 500) feet.

e) Buffer Strips. A buffer str p shall be established on the lot being developed in the

A Agricultural District when it abuts the following zoning districts:

1) R-7, OR-1, OC-1, B-1 or WO: A minimum of fifteen 15) feet in

width.

2) B-2, B-3, B-4, M-1, M-2, M-3: A minimum of twenty-five 25) feet

in width.

All buffer strips shall be developed in accordance with the standards

outlined n Section 1149.11

ofthis

Zoning Code.

f)

Bulk Regulations. All construction on any zoning lot n the A Agricultural

District shall provide for:

1) Maximum building lot coverage

of

twenty-five 25) percent for all

areas.

2) Maximum structure height of fifty 50) feet.

g) Development Standards. All development in the A Agricultural. Zoning District

shall be subject to the applicable provisions of Sections 1147 through 1159 of his

Zoning Code. ·


21/57

,

c

.......

Land Use

L

_ _

1

~ . . _ u : ~ · = - - ' - '

xisting

Land Uae


22/57

o

.... nl c•IIIBI k .

l

t .

CITY OF TROY OHIO

ORDINANCE No.

o 21 2016

ORDINANCE CHANGING THE ZONING

OF

INLOT 10574

IN

TH CITY OF TROY OHIO FROM THE MIAMI COUNTY

ZONING OF R-1AAA. SINGLE-FAMILY TO THE CITY OF

TROY ZONING OF M-2 LIGHT INDUSTRIAL DISTRICT

WHEREAS a request for zoning change was presented

to the Planning

Commission of the City of Troy Ohio

to

rezone Inlet 10574

in

the City

of

Troy and

WHEREAS the Planning Commission

of

the City

of

Troy Ohio has reviewed

the plan and recommended approval and

WHEREAS at least thirty days notice of the public hearing of said change h s

been provided

in

a newspaper

of

general circulation

NOW THEREFORE BE IT ORDAINED by the Council

of

the City

of

Troy Ohio

as follows:

SECTION

1

That the zoning of Inlet 10574 in the City of Troy Ohio and

s

shown on Exhibit A attached hereto be changed from the Miami County zoning

of

R-

1AAA Single-Family

to

the City of Troy zoning of M-2 Light Industrial District.

SECTION II: That this Ordinance shall be effective at the earliest date allowed

byl w

:

Adopted:

_________

Approved:

Attest: -

Clerk of Council

President

of

Council

Mayor


23/57

1

A cn

Tnct

t

r

S Howud Chen

ey

Arul

el lti

o n to th.e

City of Troy

Situated in the Township

of

Concord, State

of

Ohio

and

the County ofMiami

and

further

desc;ribed

as

f o l i o ~ Being a part of he Northwe rt Quarter of Section 33,

Town

5 Range

East:

Beginning at a point

which

marks the Northwest comer of he Northwest Quarter of Section

3

Town

5,

Range 6

East:

then(Z

North

88°06 '

50

" E;lst, a distance of 18423

feet to

the POINT oP BEGINNING;

thence North 88°06'50" East, a distance of 476.

21

feet to a point on the centerline ofPeters

Road;

thence South 01 °02'45" East with the centerline o f Peters Road, a distance of 96 57 feet to a

point;

thence South 87°]4'25" West, a distance o 600.40 feet to a point;

thence North 48°00'50"

East

a distance of 164.15' to the POlNT OF BEGINNING; said

dcscn bed tr ct contaioing 1243 Acres, more

or

less, same

being

subject to

all

legal casl:lllents

md

n:strictions

of

ecord.

Description

prepaml by Nc:il E. Teaford, Professional Surveyor 117724.

This

desc:ription

is not valid without

origin l

seal and signature


24/57

MEMORANDUM

TO:

FROM:

DATE:

SUBJEC11:

Mrs.

Baker,

President Troy City Council

Sue

Knight

for

the Troy Planning Commission

March

20,

2016

RIEPORl OF

THE PLANNING COMMISSION ON rRiiE IRIEZOI\ ING OF THE

PROPERTY

KNOWN

AS

lHIE

CHENEY ANNEXATION INLOT 10574

FROM

lHIE COUNTY ZONING OF R-lAAA SINGLE-FAMILY,

TO

THE

CITY ZONING OF M-2 LIGHT INDUSTRIAL

DiSTRiCT

On March 9 2016 the Troy Planning Commission considered the rezoning the property known

as

the

Cheney

Annexation lnlots 10574.

This is

a single parcel

of

1.243 acres.

The

requested rezoning

is

from the County zoning

of

R-1AM Single-Family to the City zoning

of

M-2 Light Industrial District.

This

lot

is

located south

of

the Archer

Drive/Peters

Road

Intersection.

The

property owner

isS.

Howard

Cheney. This lot

was recently annexed

to

the

City.

The Planning Commission determined

not

to hold a public hearing on this rezoning application .

By unanimous vote the Troy Planning Commission recommends to Troy City Council

that

lnlot 10574 known as

the Cheney Annexation be rezoned from the County zon ing of R-1AM Single-Family

to

the City zoning of M-2

Light Industrial District based on the findings

of

staff that:

o The proposed rezoning is consistent with the intent and purposes of the City of Troy Zoning

Code;

o

The proposed rezoning is consistent

with

the surrounding zoning districts; and

o


is

consistent

with

the City

of

Troy Comprehensive Plan.

Attached is a copy

of

the information reviewed by the Commission. This request is forwarded herewith to

Council

for

consideration.

The Public Hearing before Council has been set

for

the April 18 meeting of Council.

encl.


25/57

BACKGROUND:

Howard Cheney has applied for Planning Commission to consider the rezoning of parcel

C06-048000 (1 243 ac.) located south of the Archer Dr./Peters Rd. intersection.

Cu iT

ently, the

pr

operty is county zoned R-lAAA Sing-Fam

il

y and

th

e

app

licant requests

that the zoning

of

the parcel be rezoned to city zoning ofM 2 Light-Industrial.

The land is currently undeveloped and sits between parcels of city zoned M-2 Light

Industrial

to

the north, south, and west. City of Troy Zoning of R-5 Single-Family exists

across Peters Rd. to the east

of

the parcel. A map depicting the city and county

surrounding zoning districts have been attached to this report.

DISCUSSION:

The applicant has cited that the reason for the annexation/proposed rezoning

is

to seek a

change that

wi

ll be consistent with the adjoining properties to the north of the parcel.

The Zoning Code describes the proposed M-2 Light-Industrial zoning district as

designed to provide for industrial uses, which can be operated in such a manner as to

conform to the applicable performance standards specified in the district. These

performance standards regulate such uses in order to prohibit congestion and for the

protection of adjacent residential and business activities.

Attached to this report is a list ofall the M-2 Light-Industrial zoning districts uses.

The Comprehensive Plan's SE Future Land Use Map (Figure 14-4) displays this property

as

a mix

of

commercial and industrial uses. Figure 14-4 has been attached to this report.

In reviewing a rezoning proposal, Section 1139.07 outlines the criteria on which to

base decisions:

A)

Whether the change in classificationwould be consistent with the intent ndpurpose

of his Zoning Code

The proposed rezoning is consistent with the Zoning Code. Section 1131.02(o) (r)

state the purposes of the Zoning Code are to preserve and enhance prope1ty value, and

direct particular land uses to the parcel of land best suited for them. The proposed

rezoning request achieves these purposes.


26/57

Plmmi11g

CommissioJU

re Peters fl Rezo11 g

Marcll9, 2016 - Page 2 of3

B) Whether the proposed amendment is made necessary bec use o changed or

changing conditions in the area affected, and, if o, the nature o uch changed or


The proposed rezoning is not made necessary because of changing conditions in the

affected area. The allowed uses in the M-2 Light-Industrial district will not have any

adverse effects in the area and is consistent with the industrial zoning that exists to the

north south and west.

C) Whether the uses that would be permitted on the property if t were reclassified would

be compatible with the uses permitted on other property in the immedia te vicinity.

The allowed uses in the proposed M-2 Light-Industrial district will match the permitted

uses th t are currently allowed on the properties located to the o ~ south and west.

D) Whether adequate utility, sewer, nd water facilities, nd all other neededpublic

services exist

or

can be

provided

to serve the uses that

would

be

permitted

on a property

if

t

were reclassified

All utilities can be provided.

E)

The amount o v c nt

l nd th t

currently has the s me zoning classification as is

proposed or the subject property, particularly in the vicinity o he subject property, nd

any special circumstances, in any, th t make a substantial

p rt

o

uch

vacant l nd


In the vicinity of the subject property there is one undeveloped property with the M-2

Light-Industrial zoning classification; however that propet1y is old railroad property and

layout makes the lot undevelopable.

F) Whether the

proposed

amendment would correct an error in the application o his

Zoning Code s pplied to the subject property.

Not applicable in this request.

PUBLIC

BEARING

Due to the straight fmward nature

of

the rezoning request the compliance with the City

of

Troy Comprehensive Plan the compatibility of the proposed zoning matching the

zoning of suiTounding properties and the fact that City Council is required to hold a

public hearing

if

he request proceeds on staff does not feel that a public hearing before

the Planning Commission is warranted.


27/57

Pl«lfllillg Commission re Peters Rd. Rezoni11g

Marcil 9 2 16 Page 3 of

RECOMMENDATJfON

Staff is recommending that the Planning Commission recommend approval of the

proposed rezoning from county zoning

ofR

l AAA Sing-Family to city zoned M-2 Light

Industrial based on the

fo ll

owing:

o The proposed rezoning is consistent with the intent and purposes

of

the City

of

Troy Zoning Code; and

o The proposed rezoning is consistent with the surrounding zoning districts; and

o The proposed rezoning is consistent with the City

of

Troy Comprehensive Plan.


28/57

·Scheduled Planning Comm ission Meeting

(Held every and

lh

Wednesday of the

month

at 3:30 p.m.)

Office

Use

Only

Date

Filed

-

Date Requested: ~

Appllcant(s)

scheduled on the agenda will be

notified

Accepted by ___

Filing Fee Pd.

___

Receipt#

APPLICATION IS DUE

TWO

(2) WEEKS PRIOR TO MEETING

APPlfCATION F O ~

ZONING

AME DMENT

CITY OF

TROY

PlANNING

COMMISSION

(MUST

BE

TYPED OR

PRINTED

LEGIBLY

IN BLACK

INK)

(READ

SECTION

1139

OF THE

ZONING

CODE

BEFORE COMPLETING APPLICATION)

An

application for an amendment to

the

City of Troy, Ohio Zoning

Code

that would change

the

zoning classification for

the property located at

262 Peters

Road, Troy, Ohio

(Street Address)

being

lot

number(s) : : : 1 : 0 5 7 : : : : 4 ~ - - : - : - - : - - - : - -

from

to M-2

~ r e a l

ldenllficatlon

Number) (Existing Zoning Classification) (Proposed Zoning

Classification)

OWNER

APPLICANT

Name

_

_..:::.s..:....

H: ; o;; : w: ;;a: : :rd: ;C;; : h: ;;e; : ;ne:;Ly

___

_ _

Name ____~ A ~ M _ E _ A ~ _ o : . . . . ; W : . ; . N : . : . . E ~ R : . ; . _ _

Address

_ _ _ . . : . 1 . . ; . ; 1 2 ; ; . ; 4 ; . . . ; W . . ; . ; . _ . : . ; M = a ~ i n : . . . . ; S : . . ; ; t r ~ e e . ; ; . ; t ~ - - - - -

Address

City Troy

~

City

State _

__;:O:;.:.h:::.:io: .

_

S t a t e

Zip

Code = 4 . . ; : ; . ; 5 3 ~ 7 . . ; : ; . ; 3 ________

~ p o o e ________________

Phone

No. (937)

335-6161

~ ~ ~ ~ ~

Phone No.

--

Fax

No.

FaxNo.

Email

~

Email

______

_

________

The applicant is the ; : : : : O ; W N ; ; ; E _ R : : : : : : ; ~ : : of the property, which Is subject to

this

application.

(State the

Interest of

the appUcant

)


1.

The

reasons

for seeking

a

change

in the zoning

classification

or zoning

text:

Attach as EXHIBIT A .

2. The legal description of the land proposed to be reclassified:

Attach

as EXHIBIT B''.

3. A site

plan prepared

by a

registered engineer,

surveyor or

architect

in

duplicate drawn to such

scale to

clearly

show:· . . ·.

a. The actual dimensipns of

the

subject

property

according to the recorded plat of such

p r o p ~ r t y .

lot

numbers,

lfs

present

zoning classification,

existing and proposed uses

: Attach as EXHIBIT C .

b

The·present zoning classification ofall surrounding lands located within two hundred and

fifty

(250) feet

of the land proposed to be

reclassified:

Attach

as

EXHIBIT D .

c. A list {see example} of the names,

addresses,

and

lot

numbers of the

owners

of

property

within a radius

of

two hundred

and

frfty (250) feet

from

the parcel

or

parcels

of

land

proposed to be

reclassified:

Attach

as EXHIBIT E

i.

Include o.ne

(1)

copy

of

County Tax Maps

. ii. Include two (2). sets of mailing labels .

4. 2

complete sets (Exhibits A-E)

reproducible

in

a fonnat no

larger than 11 x17

5. Filing

Fee of $.1so .oo made payable

to

the City of Troy

Page 1 of 2


29/57


30/57

E)

i.f )it A99

t h t e i D l ~ Y ZoniiDlg AmeilJldment

The subject real estate has recently been annexed

to the

City

of

Troy

and

the applicant is seeking

a change in the zoning classification so that the zoning of he subject real estate will be consistent

with the adjoining properties to the north of the subject real estate

EXHI IT


31/57

Neil

tE

Teaford

Professional Land Sunreyow

Land Surveying, Boundary, Construction, Elevation, Site Plans

1.

243 Acre

Tract

for

S Howard Cheney

Annexation to the City ofTroy

5260 E

Troy

Urbana

Road

Casstown,

Ohio 45312

·

Home Phone 937 -

339 4732

Cell Phone

937

-308-6467

Email: [email protected]

Situated

in the

Tuwnship o Concord, State of

Ohio

and the County o

Miami

and further

described as follows: Being a part o the Northwest Quarter o Section 33, Town 5, Range

East:

Beginning at a point which marks the Northwest comer o the Northwest Quarter

o

Section 33,

Town 5, Range East:

thence

North

88°06'50

E ~ t

a distance of

184

.

23

feet

to

the

POINT OF BEGINNING;

thence North 88°06'50 East, a distance o

476.21

feet to a point on the centerline of Peters

Road;

thence South 01 °02'45 East with the centerline o Peters Road, a distance of

96

.57 feet to a

point;

thence South 87°14'25 West, a distance of600.40 feet to a point;

thence North 48°00'50 East, a distance o 164.15' to the POJNT OF BEGINNING; said

described tract containing 1.243 Acres, more or less, same being subject to all legal easements

and restrictions o record.

Description prepared by Neil E. Teaford, Professional Surveyor #7724.

This description

is

not valid without original

seal and

signature

EXHI IT

e


32/57

1143.18 M-2 LIGHT INDUSTRIAL DISTRICT

a)

Purpose. The M-2 Light Industrial District is designed to provide for industrial

uses, which can be operated in such a manner as to conform to the applicable

performance standards specified in the district. These performance standards

regulate such uses in order to prohibit congestion

and

for the protection of

adjacent residential and business activities.

b)

Principal Permitted Uses only those uses set forth below which continuously

confmm

to

all the requirements

of

divisions (d) through (f) of this section shall be

permitted:

• Agricultural implement sales and service.

Agricultural uses.

Auction sales.

D Automobile fuel dispensing station.

l l Automobile parking garages.

11

Automobile parking lots.

l l

Automobile repair garages - including body work.

Bakeries-wholesale sales.

liJ

Beverage distributors and bottling plants.

m

Bone, canvas, cellophane, clay, cloth, cork, feathers, felt -

manufacturing, assembling, compounding, or treatment (or

any combination of these processes).

m Building material ~ l e s and storage facilities.

Carpentry shops. ·

Cash advance businesses.

g

Cement block and formed products manufacturing.

• Cold storage plants.

• Commercial greenhouses and nurseries.

1 1

Contractor sales, storage and equipment yards.

l

Crematoriums (pet and human).

11

Dairy and food product pt·ocessing and packaging.

Driver training schools (trucks).

o

Dry

cleaning-

commercial.

[J

Electrical and electronic products, components and

equipment- manufacturing, assembling or repair.

m

Equipment rental services, including cars, trucks and

trailers.

Extenninating services.

o

Fiber, fur, glass, hair, hom leather, paper, plastics, rubber,

precious or semi-precious stone or metal, sheet metal, shell,

textiles, tobacco, wax, wire and wood, but not including as

a principal operation, the manufacture of such substances.

re Food brokers - retail, wholesale and storage without

processing.


33/57

c

Frozen food lockers.

o Garden stores.

o Govemment buildings, structures,

or

premises used

exclusively be federal, state, county, township, or

municipal govemments for public purposes, but not

including work shops, warehouse, or open material storage.

8

Government buildings, structmes, or premises used

exclusively by federal, state, county, township or municipal

governments for public purposes, provided open storage

areas are screened.

11

Heating, A/C, electric and plumbing sales, service and

repair.

Liquid fuel, petroleum products, petroleum, and volatile

oils - bulk storage stations in accordance with Section

1143.18 g) hereof.

l l Machine shops, tool and die shops.

1

Machinery and heavy equipment rental, sales nd storage.

11

Manufacturing, assembling or repair

o

medical, dental,

optical and similar precision instruments or appliances.

Meat processing and packaging, exclusive o slaughtering.

m

Medical and dental laboratories.

Iii Metal products, excluding structural steel and foundry

products or product from previously prepared materials -

manufacturing, compounding, assembling or treatment or

ny combination ofthese processes).

• Moving and storage companies.

l l Musical instruments -manufacturing, assembling or repair.

m

Novelties, toys and rubber products - manufacturing,

assembling or repair.

m

Pawn shops.

l l Pharmaceutical products, including cosmetics, toiletries

and perfumes, ut excluding the manufacture o soap

fi·om

raw materials or products previously prepared -

manufacturing, compounding, assembling, or treatment or

any combination o hese processes).

m Pool Halls.

1 1

Printing, publishing, binding and typesetting plants.

Private clubs.

11

Public utility.

11

Railroad stations, depots, train yards, classification yards

and team tracks.

11

Research and engineering laboratories.

m Sales offices and service centers.

m Sawing and planning mills.

o Sexually oriented business.

m Sign painting and manufacture.


34/57

c

Stone products processing and manufacturin

g

o Tattoo

pa

rlors

o Truck fuel dispensing stations.

ru Truck repair facility.

Truck sales and service.

l J

Truck washing facility.

o

Trucking and motor freight terminals.

] Watches and clocks, including clock operated devices -

manufacturing, assembling or repair.

Water filtration plants and pumping stations.

o Wholesale houses, warehouse and other storage facilities

(c) Permitted Accessory Uses. The following are permitted as accessory uses subject

to the provisions of Section 11 51.04

of

this Zoning Code:

(1) Refuse Dumpsters.

(2) A structure for storage incidental to a permitted use.

(3) Off-street parking and loading as regulated in Sections 1153 and

11 55 ofthis Zoning Code.

(4) Any use which is customarily found in

conjunction with principal

use

as

approved by the Planning Commission.

(d) Lot Size Requirements Each separate zoning lot in

the

M-2 Light Industrial

District shall:

(1) Contain a minimum lot area of wenty thousand (20,000) square feet. .

(2) Have a minimum lot width ofone hundred ( 100) feet.

(3) Have a minimum lot depth

of

two hundred (200) feet.

(4) Have a maximum lot depth to lot width ratio

of 3:1

except on cui-de

sacs lots and other lots bearing unique topography.

(e) Buffer Strips. A buffer strip shall be established on the lot being developed in the

M-2 Light Industrial District when it abuts the following zoning districts:

(1) A, A-R, R-1 to R-7: A minimum

oftwenty

-five (25) feet in width.

(f) Bulk Regulations. All constmction on any zoning lot in the M-2 Light

Industrial District shall provide for:

(1) Maximum building lot coverage of eighty (80) percent.

(2) Maximum structure height

of

forty (40) feet, but not more than the

horizontal distance of the closest part of the structure from the

nearest lot line. The Planning Commission may allow for a higher

structure upon review of the specific circumstances and proximity to

non-industrial neighboring uses.

(3) Minimum front yard of wenty-five (25) feet.


35/57

(4) Minimum side yard

of

ten

l 0

feet or .half the building height,

whichever is greater.

(5) Minimum rear yard of twenty-five (25) feet or half the building

height, whichever is greater.

(6) Minimum transitional yards

as

follows:

A

Where a side lot line coincides with a side or rear lot line in an

adjacent residence district, then a side yard shall be provided along

the side lot line that

is

equal in width to one-half

Y2) of

the

building height.

B

Where a rear lot line coincides with a side or rear lot line in a

residence district, then a rear yard shall

e

provided along the rear

lot line that

is

equal in width

to

one-half

Yz)

the building height.

When separated by an alley, one-half

Yz)

the alley width may be

used as part

of

he required yard.

C.

Where a side lot line lies across the street from the front yard of

residential stluctures located in a residence district, then a side

yard shall be provided along the side lot line that is not less than

twenty-five (25) feet in depth.

D. Where the extension

of

a front or side

lot

line coincides with a

front line of an adjacent lot located in a residence distli.ct on the

same block, then a front or side yard equal in depth to the

minimum front yard required by this Zoning Code in the adjacent

residence district shall be provided along the front or side lot line

for the remainder

of

the block, including the width

of

any

intervening alley.

E. Where a front lot line lies across the street from a side lot line

in

a

residential district, then a front yard shall be provided along the

front lot line that is not less than twenty-five (25) feet n depth.

F. Where a front lot line lies across the stl·eet from a side lot line in a

residential district, then a front yard shall be provided along the

front lot line which is not less than the required front yard for the

residential lot.

G. Where the extension of a front or side lot line coincides with a side

lot line

of

an adjacent lot in a residence district on the same block,

then a yard equal in depth

to

the minimum side yard required by

this Zoning Code in the adjacent

r e s i e n ~ e

district shall be

provided along the front or side lot line for the remainder

of

the

block, including the width

of

any intervening alley.

(g) Development Standards. All development in the ''M-2 Light Industrial Zoning

District shall be subject to the applicable provisions

of

Sections 1147 through

1159 of this Zoning Code and the following standards:

A.

Any use constmcted, established, altered or enlarged in the M-2

Light Industrial District shall be operated

so

as to comply with the


36/57

approved development plan and with

the fo

llowing standard

s

No

use already established sh

all be

altered or modified so as to

conflict with, or further conflict with, the applicable standards

established hereinafter for the M-2 ight Industrial District.

B Noise from any operation conducted on the premises, other than

that emanating from vehic

ul

ar traffic, either continuous or

intermittent, shall be subject

to

the provisions

of

Section 1157 of

this Zoning Code

C No emission

of

toxic or noxious matter, which is injurious to

human health, comfort, or enjoyment

o

life and property or to

animal or plant life, shall be petmitted. Where such emissions

could be produced as a result of accident or equipment

malfunction, adequate safeguards considered suitable for safe

operation

in

the industry involved shall be taken.

D Vibrations, which can be detected without the use of instruments

at

or beyond the lot lines, are prohibited.

E Exterior lighting shall be in accordance with the provisions of

Section 1157 ofthis Zoning Code All fixtures shall be shielded

so

that no direct light is cast upon any property located in a residential

zoning distlict.

F. No building or structure shall be used for residential purposes

except that a watchman or custodian may reside on the premises.

G

All premises shall be furnished with all-weather hard surfaced

walks of

a material such as bituminous or Portland cement,

concrete, wood, tile, terrazzo, or similar material, and except for

parking areas, the grounds shall be planted and landscaped.

H The storage, utilization, or manufacture of solid, liquid, and

gaseous chemicals and other materials shall be permitted subject to

the following conditions:

1

The storage, utilization, or manufacture of solid materials

or products ranging

from

free or active burning to intense

burning is permitted, but only if these materials or products

are stored, utilized, or manufactured within completely

enclosed buildings meeting applicable building codes.

2. All activities involving the use and/or storage and/or

disposal of flammable liquids or materials which produce

flammable or explosive vapors or gasses shall be provided

with adequate safety and protective devices against hazards

or fire and explosion, as required by applicable building

codes.

3. The storage, utilization, or manufacture

of

pyrophoric and

explosive powders and dusts, and of materials and

products, which decompose by detonation, is prohibited.

The storage of limited amounts of such materials may

be

permitted

if

permitted by applicable building codes.


37/57


38/57


39/57

IV

Exterior lighting shall not be colored and shall

be restricted

to

shades o white.

V

Exterior lights shall

not

be flashing or changing

in color or intensity.

VI

Neon stripes or similar illuminated architectural

ornamentations are prohibited.

VII

Searchlights or similar promotional devices are

prohibited.

VIII Pennants streamers banners hot air or cold-air

inflated structures or figures balloons and

similar architectural ornamentations and/or

decorations which direct attention o passerby

to the premises are prohibited. These shall

include but not be limited to abstract paint

schemes multi-colored stripes murals steeples

sculptures and topiary landscaping.

IX All other signs are prohibited.


40/57

/

·

•

•

·


41/57

Lq:oad

"

b--

2l

.........

X

. . . N.I_Ot.

@ ' 4 ' 4 ' • - ~

Futuro Lllnd Use

· ~

l d l r »

L : l o o e . H t : ~ - . ~ n = - W

L IFL J•Cto=•ai.d

Major Highways

RoadiD

~ · ~

== S . II.4h OJ

J t . o r , . _ . ~

and Use

Existing

land Use

t \ u w n a : : > < l . . . . . . O J Z > D S ~ f

r.:.:;JI.bctd.. t>U I

I· ·

500 1,000

'

I I

SE Fufull"e JLandi Use

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CITY OF TROY O IO

ORDINANCE N ~

o-22

- 2016

ORDII\lAI\ CE CHANGING THE ZONING OF 11\ LOT 9678

PARCEl NO. 008-1050601

If\

THE CITY OF TROY. OHIO

FROM THE DUAL ZONING OF M-2. LIGHT INDUSTRIAL

DISTRICT AND 8-2 . GENERAL BUSINESS DISTRICT TO

THE S I ~ G L

ZOI\ 1 \ G

OF B-2, GENERAl BUSINESS

DISTRICT

WHEREAS, a request for zoning change was presented

to

the Planning

Commission of the City of Troy, Ohio, to rezone lnlot 9678 (Parcel No. D08-105060) in

the City ofT oy, and

WHEREAS, the Planning Commission of the City of Troy, Ohio, has reviewed

the pl

an

and recommended approval, and

WHEREAS, at least thirty days notice of the public hearing

of

said change has

been provided in a newspaper of general circulation,

NOW, THEREFORE, BE IT ORDAINED by the Council

of

the City of Troy, Ohio

as follows :

SECTIOI\ 1: That the zoning of lnlot9678 (Parcel No. 008-105060) in the City

of Troy, and as shown on Exhibit A attached hereto, is changed from the dual zoning of

M-2, Light Industrial District, and 8-2. General Business District, to the single zoning o f

B-2, General Business District.

SECTION

1

: That this Ordinance shall be effective at the earliest date allowed by

law:

Adopted : _________

Approved

:

At test : -

Clerk of Council

President of Council

Mayor

- -

- - -- ----.- ---

---- I

__... ·


43/57

Legal escription

SitUate in the State

of

Ohio County of Miami and City

of

Troy to wit

Being

all ofJnlot 9678 in said Cit y ofTroy as evidenced on the

F A

. Archer Partnership Plat

in

Plat

Book 20 Page 69

of

he Plat

Records ofMi ami County Ohio.

Parcel No. D08-105060


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·ro: · .

·

r Piannjngcommissirin

m . · .p.lal' mr g . . · : .

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2Ll1

1

i .":' . . . . . . . . . . . . .

5 \ J : J J ~ C t :

.

e i o ; l 1 t i ~ t

.·

a ~ e ~ ~ ~ p : G > . a 1 0506'0 ~ r ~ k ~ ~ r Dr .

Q \ t l f : ~ ~ R : : t ~ t l ] l r f ~ r t ~ ~ r ; E ; ; e ~ s i f l g . l . t ~ c ·

. ...

BACKGROUND:

The applicant and agent,

J. Tim

Logan-Miller Va lentine Group Realty Services, has

applied for Planning Commission to

cons

ider the rezoning of Parcel # D08-

105060.

Currentl

y pa

r

ce

l #

DOS-

105060 is dual

zoned

as M-2

Ligh

t Industrial and

B-2 Ge

neral

Business Distric

t. The

request is to r

ezone

the entire parcel to B-2 General Business

District

This parcel is adjacent to 1

201

Brukner Dr. which is al

so

owned by Earhart Brothers

Leasing, LLC. A map depicting the surrounding zoning districts has been attached to this

report for reference.

DISCUSS

O

N:

The app licant has cited the

foll

owing reason for the proposed rezoning,

and

that is;

This parcel is comprised

of

1.

649 acres

and

is

dual zoned. 1.216 acres

is

zoned

M-

2 Light Industrial and the remaining 0.43 acres is zoned B-2 General Business

District.

The

owners wish is to rezone this parcel solely to B-2 General Business

District to correct the current dual zoning. The owner also owns the parcel

immediately north, known as 120 1 Brukner Dr. and this location

is

currently

zoned B-2 General Business District.

This area

of

the City

is

dominated primarily by B-2 General business District

to

the west

and north and M-2 Light Industrial District to the east and south.

An

illustration is

included showing the surrounding zoning districts along with the permitted uses

for

both

the B-2 and M-2 districts.

The Zoning Code describes the B-2 General Business District as being intended to

provide for the development

of

major retail shopping areas and centers outside the

downtown area. These districts include much

of

the strip

of

commercial property existing

along the major streets of the City. The uses pennitted are intended to accommodate the

general retail consumer.

It

is

staff's opinion that adjoining properties

wi

ll not have any adverse effect

from

the

proposed rezoning. The proposed M-2 district permits the greatest flexibility to the future

use

of

the property. Protective buffers,

mo

unds and trees, are already in place

for

the

protection

of

the surrounding residential properties.


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The Comprehensive Plan's Future Land Use (Figure 14-5) shows the surrounding area to

be a mix

of

business

and

industrial. The Comprehensive Plan also depicts the goal

of

the

reuse ofvacant or underutilized commercial andl industrial property within the City.

llnn

~ r e v i e w i n g

reronnhng JPllr OJPlOSai, §e imm lll39.07 owmne§ t ~ e critell ia1 llll w h i i c ~ to

bmse

decisions:

A) Whether the change in classification would be consistent

with the

intent

nd

purpose

o f his Zoning Code.

The proposed rezoning is consistent with the Zoning Code, specifically with sections

1131.02(e), and r). These sections dictate the intent and purpose

of

the Zoning Code.

Theses sections are listed below:

} >

1131.02(e) To separate incompatible land uses and to cluster compatible and

mutually supportive land uses .

J > 1131.02(r) To direct particular land uses to the parcels of land best suited for

them ...

The rezoning

is

consistent with the above listed intentions

of

the Zoning Code.

B)

Whether the proposed amendment is made necessary because

o ch nged or

changing conditions in the area affected, and,

i

so, the nature of such

ch nged

or


The application was not submitted based upon

any

changing conditions in the area.

C) Whether the uses that would be permitted on the property i

t

were reclassified would

be compatible with the uses

permitted

on other

property

in the immediate vicinity.

The use is compatible with the existing parcels of land located around the proposed

rezoning area.

D) Whether adequate utility, sewer,

nd

water facilities, nd all other needed public

services exist or can be provided to serve the uses that would be permitted on a property

i t were reclassified.

All utilities are provided.

E) The amount

o

v c nt l nd th t

currently

h s

the same zoning classification

s

is

proposed or the subject property, particularly in the vicinity o f he subject property, nd

ny special circumstances, in any,

th t m ke

a substantial

p rt of

such vacant

l nd


There are no special circumstances.


47/57


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Scheduled Planning Commission Meeting

Offic

e Use Only

(He

ld every

2nd

and 4th Wednesday of the month at 3:30p.m.)

Da

te Filed _ _ _

Date Requested: arch

9,

2016

Applicant(s) scheduled

on

the agenda

will

be notified

Accepted by

Filing Fee Pd . _ _

Receipt#

APPLICATI

ON

IS DUE TWO (2) WEEKS PRIOR TO MEETING

A P I ? l ~ C A T ~ O N FOR

ZONING AMENDMENT

cn

OIF

TROY

PlANNING

COMMBSSEON

(MUST

BE

TYPED OR PRINTED LEGIBLY IN BLACK INK)

(READ SECTION 1139 OF THE ZON ING CODE BEFORE COMPLETfiN G APPLICATION)

An application fo r an amendment to the City of Troy, Ohio Zoning Code that would change the zoning classification for

the property located at Inlo t 9678

Brukner Drive

Inlot

9678

(Street Address)

being lot number(s) Parcel DOS-105060

(Parcel IdentifiCation

Number)

from M-2 Light

Industrial

(Existing Zoning Classification)

to B-2 General Business

(Proposed Zoning Classification)

OWNER

Name

Earhart Brothers

Leasing. LLC

Address

1494 Lytle Road

City

Troy

State

Ohio

Zip Code

45373

Phone No.

(937)875-1047

Fax No.

(937)339-5352

Email

[email protected]

APPLICANT

]

Tim

Logan

Name Miller Valentine

Group

Realty Services

Address 137 North Main Street, Suite 900

City Dayton

State Ohio

Zip Code _ :: 454: :: :0_2

Phone No. (937)528-4009

Fax No. (937)228-4079

Email [email protected]

The applicant is the Agent

of he

owner

of the property, which is subject to this application.

(State the Interest of the applicant}


1. The reasons for seeking a change in the zoning classification or zoning text: Attach as EXHIBIT

N .

2. The legal description of the land proposed to be reclassified: Attach as EXHIB

IT

B .

3. A site plan prepared by a registered engineer, surveyor

or

architect in duplicate drawn to such scale as to clearly

show:

a. The actual dimensions

of

the subject property according to the recorded plat

of

such property,

Jot

numbers, it's present zoning classification, existing and proposed uses: Attach as EXHIBIT

C .

b. The present zoning classification of all surrounding lands located within two hundred and fifty (250) feet

of the land proposed to be reclassified: Attach as EXHIBIT D .

c.

A list (see exampl

e)

of

the names, addresses, and lot numbers of the owners

of

property within a radius

of two hundred and fifty (250) feet from the parcel or parcels of land proposed to

be

reclassified :

Attach as EXHIBIT E

i. Include one (1) copy of County Tax Maps

ii. Include two (2) sets of mailing labels

4. 2 complete sets (Exhibits A-E) reproducible

in

a format no larger than 11">


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I HEREBY DEPOSE AND

SA

Y THAT THE ABOVE STATEMENTS AND THE STATEMENTS CONTAINED IN

AILL

THE

EXHIBITS

PREPARED

BY ME AND TRANSMITTED HEREWITH ARE TRUE.

(Applicant Signature)

Subscribed and sworn to before me this ay of 20

My Commission Expir

es -

(Month/Date/Year)

(Notary Public)

(For Office Use Only Do Not Write Below This Line)

REQUIRED

DO

CUMENTS:

EXHIBIT A Reasons for Zoning Reclassification

EXHIBITS Legal Description

EXHIBITC Site Plan: lot dimensions, Jot numbers, current zoning, existing and proposed uses

EXHIBI

TD

Site Map with Zoning

&

Owners within

250

feet

of

parcel

EXHIBITE Property Owners List within 25 feet

of

parcel

Labels

Two

(2)

Sets

of

Mailing Labels

of

Property Owners

Copies

(1) Complete Sets

In

a reproducible format 11 x17

Map(s) One (1) County Tax Map(s)

Filing Fee Check issued to City of Troy for 150.00

(15

Additional Documentation (List):

PLANNING COMMISSION DISPOSITION:

PUBLIC HEARING DATE

RECOMMENDATION TO CITY COUNCIL

CITY COUNCIL DISPOSITION:

1

5

Reading:

2nd;

3rd;

PUBLIC HEARING DATE

COUNCIL COMMITTEE RECOMMENDATION

A ~ E r o v e d

Denied:

CITY COUNCIL ACTION

Ordinance Number:

Revised 1 0/25/11

Page 2

of

2


50/57

EXHIBIT A

Reasons for Change o Zoning

The property currently has two zoning classifications. Part s zoned B 2 and part is

zoned M 2.

The owner o this lot wishes

to

change the part

o

the property which is the southerly

1.216 acres from M 2 to 8 2

so

that the entire parcel1.649 acres

is

zoned B 2. The

owner also owns the adjoining lot to the north which s zoned 8 ~ 2 This change would

correct a current inconsistency.


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X I

I

T

lega

l Descr

ip

tion

Siti.tate in the State o

Ohio

County

o Miami

and

City

o Troy

to wit:

Being all o Jnlot 9678l in said City o Troy as evidenced on the

F.A. Archer Partnership Plat

in

Plat Book 20 Page 69 o he Plat

Records ofMiru.ni County Ohio.

Parcel No. D08-105060


52/57

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LDT' SURVEY U. PG. 28

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PIN

fCUIIID

F.A. ARCHER PARTNERSHIP REPLAT

SEING

A Rei'LAT

Of

II«DT'155

IWD PART H.ar

1S96,

g v v ~ = ~ ~ B Y :A. RCHER PARTNERSHIP,

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54/57

EX

HI

BIT E

Pr

operty

Ow

ners Within 250 f

ee

t of lnlot 9678

Lot Owner

M ail i

ng

Address

6063,6065,6066

BF Goodrich

Co

8 Farm Springs Road

Farmington r 06032

7591 Tenoh

LLC

PO

Box 1107

Effingham IL 62401

7997

JES OH Troy 212

LLC

2335 S Wacker Drive

Suite 350

Chicago ll60606

6067

BPV

Inc.

3401 S Keystone Avenue

Indianapolis

IN

46237

7593

FA Archer Partnership 2600 NE 14th Causeway Street

Pompano Beach Fl33062

7596

Earhart Brothers leasing LLC

1494lytle

Road

Troy OH 45373


55/57


56/57

City

o

Troy Zoning Map https://troy maps arcgis com/apps/webapp

and Parcel ata

srl World Geocoder


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council committee meeting april 27 16.pdf

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