troy city council meeting (1/20/2015)

8/9/2019 TROY CITY COUNCIL MEETING (1/20/2015)

1/68

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PLEDGE OF ALLEGIANCE

INVOCATION

AGENDA. TROY CITY COUNCIL

TUESDAY. JANUARY 20. 2015.

7:00P M

COUNCIL CHAMBERS. CITY HALL

ROLL CALL

PUBLIC HEARING

excuses by motion/second/roll call vote

0-1-2015, Rezoning

of

40 parcels, the Hobart Bros. factory site/parking lots,

from M-2, Light Industrial District, to OC-1, Office Commercial District

SUMMARY OF MINUTES

January 5 2015

OMMITIEE

REPORTS

Citizen comments on committee reports or agenda items - two minute limit

RESOLUTIONS

motion/second/roll call vote

R-2-2015

ORDINANCES

0-1-2015

Park Board execute addendum to lease for Barn in Park for Troy Civic Theatre to place shed

Rezoning of 40 parcels, the Hobart Bros. factory site/parking lots, from M-2, Light Industrial

District, to OC-1, Office Commercial District PUBLIC HEARING 1-20-2015

0-2-2015 Agreement

for

2015 Troy Strawberry Festival

COMMUNICATIONS/ANNOUNCEMENTS

COMMENTS:

COMMENTS:

COMMENTS:

COMMENTS:

ADJOURN

Mayor, Director

of

Public Service Safety, Director

of

Law, Auditor, Council President

Council

Staff

Audience

NOTE: Committee meetings may take place prior to or following Council meeting

CITY OF TROY MISSION STATEMENT:

1st reading

2nd

Reading

1st reading

Through sound and prudent leadership the City of Troy is committed to sustaining its continued prominence s a regiona

hub

by

providing a well-balanced community for its residents businesses and visitors consisting of a vibrant downtown growing

economic base strong educational environment and plentiful recreational opportunities strengthened by public/private cooperation

and grounded in financial stability.


2/68

DISPOSITION OF ORDINANCES AND RESOLUTIONS

Date of Meeting: Jan. 20 2015

Troy City Council Meeting

DESCRIPTION

RESOLUTION NO. 1ST READING 2ND READING 3RD READING PUBLIC HEARING

Addendum Barn n Park Lease

R 2 2015

ORDINANCE NO.

Rezoning of Hobart Bros. site

0 1 2015

1/5/2015

1/20/2015

TSF 2015

0 2 2015


3/68


4/68

January 5 2015 Page Two

COMMENTS

OF

THE DIRECTOR

OF

PUBLIC SERVICE AND SAFETY:

Mr.

Titterington commented as

follows:

-Jeff Monee

has

been promoted

to

the position of Water Plant Superintendent.

-Ray Mullins

has

been appointed to the position of parking control officer.

-City offices will

be

closed January 19 for the

Dr.

Martin Luther King, Jr. Holiday.

-On behalf of the City,

he

thanked The Troy Foundation for the 10,000 grant toward the cost of the July 4

fireworks.

COMMENTS

OF

COUNCIL:

-Mr. Schweser commented that on

the January

19

the

Dr.

Martin Luther King, Jr. walk will

be

held at 9:30 am,

with a service following at 10:00 am at St. Patrick Church.

AUDIENCE COMMENTS:

-Lester Conard, 1210 S. Clay Street commented that he understands his request for a break down to justify the

100 fee for mowing (administrative fee imposed only

on

those who do not maintain their property

and

the City

has to

come in

and

have the maintenance done) will not

be

provided as

Mr.

Titterington advised

him

there

is no

document

on

file that has that information.

He

further said

he

was told the Law Director told the City the fee

could not

be

more than 100 and

he

thinks that

is

why the 100 fee was set.

Mr.

Conard said

he

did not feel the

requested break down

is

too much for a citizen

to

ask for, and

he

should

be

given a good answer.

Mr. Phillips said

he

would make a written request

on

behalf of

Mr.

Conard.

Mr.

Titterington commented that

it is

not a matter of the request being made in writing, or who makes the request, rather

it is

that a document with the

information requested by

Mr.

Conard does not exist and the City is required

to

provide existing documents but

is

not required to create documents to answer requests. Mr. Titteringotn explained that discussed justification for

the 100 administrative fee with the Director of Law, who felt comfortable that the fee

is

justified, and this

administrative fee

is

only charged

to

those who do not comply with the law regarding property maintenance.

-Mr. Clark recalled that the Zoning Manager

had

commented that some citizens had commented that the

mowing could be done cheaper with the City handling it than the property owner hiring a company to do the

mowing on his own.

-Mrs. Baker asked if Mr. Conard understood that the fee

is

not charged unless someone violates the law and the

City has to have the property mowed.

Mr.

Conard said that the fee

is

something hanging over the heads of the

citizens, and the City should charge banks, realtors and foreclosed properties 100 and only charge citizens

50.

There being

no

further business, the meeting adjourned at 7:23 p.m.

Clerk of Council President of

Cou

neil


5/68

TO:

FROM:

SUBJECT:

COMMITTEE REPORT

TROY CITY COUNCIL

Mrs. Baker, President o Council

Recreation Parks Committee

ADDENDUM TO BARN IN THE PARK LEASE

SUMMARY: to be read

t

Council meeting)

DATE: January 13, 2015

On January 13, 2015, this Committee met to consider the request o the Board

o

Park Commissioners that the Board

be authorized to execute an addendum to the lease

o

the property known as the Barn in the Park to allow the Troy

Civic Theatre, Inc. (TCT) the use o additional public property on which a shed structure will be placed. The shed will

only be used for the storage

o

props. Expenses to purchase, place and maintain the shed would

be

the responsibility

o

TCT; however, once placed on public property, the shed would become City property.

RECOMMENDATION: to e read at Council meeting)

It is the recommendation of this Committee that legislation be prepared authorizing the Board o Park Commissioners

to execute the addendum to the lease

o

the property known as the Barn in the Park to allow the Troy Civic Theater,

Inc. the use

o

additional public property on which a shed structure will be placed.

DETAILED REPORT:

Respectfully submitted,

Robin I. Oda

Douglas W. Tremblay

Brock A. Heath, Chairman

Recreation Parks Committee

On January 13, 2015, this Committee met to consider the request

o

the Board

o

Park Commissioners that the Board

be authorized to execute an addendum to the lease o the property known as the Barn in the Park to allow the Troy

Civic Theatre, Inc. the use

o

additional public property on which a shed structure will be placed. The meeting was

also attended by Council President Baker, Council Members Phillips and Schweser, the Director

o

Law, the City

Auditor, the Director o Public Service and Safety, members o the City staff, a representative o Troy Civic Theatre,

and citizens.

Troy Civic Theatre, Inc. (TCT) requested permission to place a 1O'x16' shed on the west side

o

the Barn in the Park

so TCT could use the shed for storage o props and other materials used in their productions. An addendum to the

lease has been drafted and approved by the Director o Law. On January 6 2015, the Board o Park Commissions

approved a motion that the Board requests Council to authorize the Board to execute the addendum. Details

o

the

addendum include:

All costs associated with the shed and future maintenance are the responsibility o TCT.

The location

o

the shed has been reviewed with the Miami Conservancy District, and will be controlled by the

City

o

Troy.

Once installed on City property the shed will actually become the property

o

the City

o

Troy, the City will have

access, and primary insurance is provided by TCT.

RECOMMENDATION:

It is the recommendation o this Committee that legislation be prepared authorizing the Board o Park Commissioners

to execute the addendum to the lease o the property known as the Barn in the Park to allow the Troy Civic Theater,

Inc. the use

o

additional public property on which a shed structure will be placed.

Cc: Council, Mayor Beamish, Mr. Livingston, Mr. Stickel, Mr. Titterington, Clerk

Staff, file


6/68

TO:

FROM:

SUBJECT:

COMMITTEE REPORT

TROY CITY COUNCIL

Mrs. Baker, President of Council

Recreation

&

Parks Committee

TROY STRAWBERRY FESTIVAL 2015 AGREEMENT

SUMMARY:

to be read at Council meeting)

DATE: January 13 2015

On January 13 2015, this Committee met to consider recommending an agreement related to the 2015 Troy

Strawberry Festival (TSF), including the festival location. TSF has requested permission to continue the festival to

incorporate the downtown area as well as continue to hold festival activities at the levee location, Hobart Arena

parking lot and Stadium parking lot. Changed from the 2014 event

is

that for 2015 the venue also includes that

North Market Street will also be closed from Water Street to Staunton Road, Water Street will be closed to through

traffic from Oxford Street to Mulberry Street, and the Sunday car show will

be

held

on

part of closed North Market

Street

and

the parking lot of the North Market Street ball field.

The

City

has

a legitimate governmental interest

o

preserving public safety

and

crowd management during the festival, therefore some activities should be limited

during the actual festival events

and

or

an

hour before and after the events

o

the day,

as

the hour just before

and the hour following the closing are also extremely busy.

RECOMMENDATION:

to be read at Council meeting)

It

is

the recommendation of this Committee that legislation

be

prepared authorizing the Director of Public Service

and Safety

to

enter into

an

agreement regarding the Troy Strawberry Festival

to be

held within the levee area, the

downtown, the Market Street Bridge, and the ball field parking lot during 2015, and that the Hobart Arena/Stadium

parking areas be used for the Friday Night Events , and to include the limitation of activities during and for the hour

before and after each day's event activities.

DETAILED REPORT:

Respectfully submitted,

Robin I. Oda

Douglas W. Tremblay

Brock

A.

Heath, Chairman

Recreation & Parks Committee

On January

13

2015, this Committee met

to

consider recommending an agreement related to the 2015 Troy

Strawberry Festival (TSF), including the festival location. The meeting was also attended by Council President

Baker, Council Members Phillips and Schweser, the Director of Law, the City Auditor, the Director of Public Service

and Safety, members

o

the City staff, a representative of TSF, and citizens.

We were advised that the proposal of TSF to continue the expansion of 2014 to incorporate the downtown area and

includes elements of:

The downtown area would include the Public Square, Main Street from Mulberry Street

to

Plum Street (on

the south side

o

the street

and to

the drive between the Safety Building

and

Courthouse on the north side

of Main Street); Market Street from Franklin Street to Water Street, and those side streets between Water

Street and Franklin Street.

The levee area to be used

is

that basically East of the gazebo.

The Adams Street Bridge would remain open. However, additional closings to vehicle traffic on June 6 and

7 will

be

North Market Street/Market Street Bridge from Water Street

to

Staunton Road (with the exception

of access

to

the Senior Citizens Center)

and

Water Street from Mulberry Street

to

Oxford Street.


7/68

COMMITTEE REPORT

PAGE TWO

On Sunday, June 7 the car show will

be

relocated to be held on the closed area

o

North Market Street

between Water Street and Staunton Road and within the paved parking area

o

the North Market Street ball

field. The moving

o

this event location will help connect the two festival locations and support the vendors

at both locations.

The downtown street closings would not start until 9

pm

on Thursday, June

4

with all streets opened no

later than Monday, June 8 at 7 am.

The proposed location will not impact County operations; however, TSF will be asking the County about

use

o

County lots after the close

o

business on June

5.

There

is

no sale or consumption

o

alcohol.

There would

be

an opening ceremonies at Prouty Plaza, but no form

o

a parade or walk with the event.

Friday night events (i.e., childrens' parade, bed races) will be held at the levee area, with the bed races

in

one

o

the Hobart Arena parking lots. TSF

is

scheduling other weekend events for the upper levee. TSF

will encourage vendors at both the levee and the downtown areas to support the Miami County non-profit

organizations and for the benefit

o

those attending events at both locations.

The agreement will include TSF paying to the City the amount

o

$14,150, which is the estimated additional

cost to the City over and above the 5-year average overtime/staff costs

o

$56,000

o

the City to support a

levee only festival.

Because

o

the legitimate governmental interest

in

preserving the public's safety and proper management

o

the anticipated large crowd

o

attendees (upwards

o

100,000 attendees per day

in

past years), certain

actions should be limited during the actual festival activities each day and for the hour before and after

each day's activities

o

the festival, such as the carrying

o

weapons at the festival, having non-handicap

assist animals at the festival, and engaging

in

the act

o

writing, painting, chalking or otherwise permanently

or temporarily defacing or marking on the public streets, sidewalks, alleys or other public areas

in

the event

area during the festival. This does not interfere with attendees right to engage

in

this conduct at other times

in

this location and

in

other places at all times; and does not interfere with attendees right to engage

in

other, non-prohibited conduct during the 2015 Strawberry Festival within the event area,

RECOMMENDATION:

It is the recommendation

o

this Committee that legislation be prepared authorizing the Director

o

Public Service

and Safety to enter into an agreement regarding the Troy Strawberry Festival to be held within the levee area, the

downtown, the Market Street Bridge, and the ball field parking lot during 2015, and that the Hobart Arena/Stadium

parking areas be used for the Friday Night Events , and to include the limitation

o

activities during and for the hour

before and after each day's event activities.

Cc:

Council, Mayor Beamish, Mr. Livingston,

Mr.

Stickel,

Mr.

Titterington, Clerk

Staff, file


8/68

1strd

Daylun

Legal Blank. Inc

CITY

OF

TROY OHIO

R SO LUTI N NO._ . . :R:.:.....--=-2-...=...:20....._ 1

5' --_

RESOLUTION AUTHORIZING THE BOARD OF PARK

COMMISSIONERS OF THE CITY OF TROY. OHIO TO

EXECUTE N ADDENDUM TO THE LEASE AGREEMENT

FOR THE BARN IN THE PARK

WHEREAS

the Barn

in

the Park is located

in

the City

of

Troy Community Park

and the Board

of

Park Commissioners has entered into a lease agreement with the

Tr

oy

Civic Theatre Inc. for the Barn in the Park; and

WHEREAS the Troy Civic Theatre Inc. has requested permission to utilize an

additional area on the west side of the Barn

in

the Park to place for a small shed

structure to be used only for storage purposes; and

WHEREAS the Troy Civil Theatre Inc. will be responsible for all expenses

related to installing and maintaining the shed structure during the term

of

the lease and

any extensions thereof wh ich shed structure will become the property of the City of

Troy once installed on public park property.

NOW THEREFORE BE IT RESOLVED by the Council of the City

of

Troy as

follows:

SECTION

:

That the Board of Park Commissioners of the City of Troy Oh io is

hereby authorized to enter into an addendum to the lease for the Barn

in

the Park with

the Troy Civic Theatre

In

c. for the use

of

additional public park property to permit the

installation of a shed structu re as proposed.

SECTION II: That this Resolution sha

ll

be effective at the earliest date allowed

by law.

Adopted:.

___

_______

President

of

Council

Approved:

Attest :

Clerk of Council

Mayor

-

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

--

-

-

--


9/68

MEMORANDUM

TO:

FROM:

DATE:

SUBJECT:

Mrs. Baker, President, Troy City Council

Sue Knight, for the Troy Planning Commission

December 11, 2014

REPORT

OF THE PLANNING COMMISSION ON A REZONING APPLICATION - 600 WEST

MAIN

STREET

(40

PARCELS

TOTAL) FROM TO

M-2

LIGHT-INDUSTRIAL DISTRICT, TO OC-1,

OFFICE

COMMERCIAL DISTRICT; THE AREA PROPOSED TO BE REZONED CONSISTS

OF

TEN PARCELS

LOCATED ALONG NORTH ELM

STREET

(BETWEEN WASHINGTON

STREET

AND WEST WATER

STREET , FIVE

PARCELS

LOCATED ALONG THE INTERSECTION OF WEST WATER

STREET

AND

ADAMS STREET, AND 25 PARCELS THAT ENCOMPASS THE 600 WEST

MAIN STREET

LOCATION.

On December 10, 2014, the Troy Planning Commission considered the rezoning of 40 parcels that make up the

former ITW/Hobart Brothers site, wi th the general address

of

600 West Main Street, from the zoning

of

M-2, Light

Industrial District, to the zoning of OC-1, Office-Commercial District.

The

owner of the property is the Hobart

Brothers Company; the City of Troy is the applicant.

Ten

parcels are located along North

Elm

Street (between Washington Street and West Water Street), five parcels

are located along the intersection of West Water Street and Adams Street, and

25

parcels encompass the 600

West Main Street location.

The Commission had received a report of City staff, which was reviewed as part of the meeting discussion. A

copy of the packet provided to the Commission is attached.

It was commented at the meeting that the City reached out

to

the property owner

for

a rezoning

of

the area that

will complement the commercial district and respect the nearby residential

uses.

Staff reviewed with the

Commission that the proposed

OC-1

Office-Commercial District zoning will fit best into this mixed

use

area, as

OC-

1 zoning is designed to accommodate a mixture of office and commercial

uses

consisting of groupings of

professional type uses, and the district is designed and intended

to

act as a buffer and

is

intended to be mapped

along major thoroughfares as a transitional area between nonresidential and residential

uses. The

OC-1 zoning

does not permit residential development in this district; however,

it

does allow residential uses on the second

story or above. Further, the OC-1 district limits commercial uses

that

are envisioned to prevent disruption

to

the

surrounding existing residential neighborhoods and the OC-1 zoning wil l protect the surrounding residences from

the more intensive

uses

that are currently allowed in the M-2 zoning district. The Comprehensive Plan s Future

Land Use (Figure 14-2) shows this area as

it

currently is (industrial) and the surrounding land uses

to

remain the

same, as a mix

of

commercial, government, residential and recreational uses. Retaining the industrial zoning does

not

fit well with the adjoining mix of uses. Staff advised the Commission of the staff opinion that adjoining

properties will benefit from the positive impact

of

the proposed

OC-1

zoning

as it

permits the greatest flexibility

to the reuse of the property while complementing the existing commercial uses and protecting the surrounding

residential zoning districts. The owner concurs with the rezoning

to

OC-1.


10/68

MEMO

PAGE

TWO

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

th t

the rezoning request

identified as 600 West Main Street 40 parcels total) from

to

M-2, Light-Industrial District,

to

OC-1 Office

Commercial District,

be

approved, based on the findings

of

staff that:

o The proposed rezoning is consistent with the Zoning Code s intent to separate incompatible land uses;

o

The proposed rezoning wil l complement the existing commercial zoning districts and provide flexibi lity

for

future development;

and

o The OC-1 zoning district will act as a buffer from the surrounding commercial zoning district

to

the

surrounding residentially zoned neighborhoods.

This request is forwarded herewith to Council for consideration.

The Public Hearing before Council has been set

for

the January 20 2015 meeting

of

Council.

The following information will be attached as part of this report:

Informat ion provided by City staff, which included the report of staff, which includes a listing

of

the

principal permitted

uses

for both the M-2 and OC-1 Zoning Districts, a listing of the OC-1 uses

not

permitted under M-2, and a listing of the M-2 uses not permitted under OC-1 zoning.

listing of the 40 parcels.

Copy

of

the draft minutes

of

the December 10 meeting

of

the Planning Commission regarding this

rezoning application.

Encl.


11/68

TO: Troy Planning Commission

FROM: Planning staff

DATE: December 10 2014

SUBJECT:

Rerlioning:

600 West Main Street Surrounding Properties

OWN,

ER:

Hobart

Brothers

Company

APPLICANT: City of

Tr:oy

BACKGROUND

The City of Troy has applied, on behalf of Hobart Brothers Company, for Planning

Commission to consider the rezoning of 40 parcels from the M-2 Light-Industrial District

to the

OC 1

Office-Commercial District. A list

of

the parcels,

as

well as, a map

highlighting the parcels of the proposed rezoning has been attached to this report.

The area of the rezoning is broken into 10 parcels located along North Elm Street

(between Washington Street and West Water Street), five parcels along the intersection

of West Water Street and Adams Street, and 25 parcels that encompass the 600 West

Main Street location.

The surrounding zoning districts include B-2 General Business District to the south, a

mixture of B-2 General Business District and R-7 Multi-Family to the east, R-6 Two

Family Residential to the west, and M-2 Light-Industrial to the north.

DISCUSSION

The razing of the old Hobart Brothers building has left an opportunity for redevelopment

in the heart of our community. This area was once dominated by industrial uses but has

since grown into a mixture of commercial and residential uses. The City has reached out

to the property owner for a rezoning

of

the area that will complement the commercial

district and respect the nearby residential uses. A rezoning from the M-2 Light-Industrial

district to the OC-1 Office-Commercial district will fit harmoniously into this mixed use

area.

The Zoning Code describes the OC-1 Office-Commercial district as designed to

accommodate a mixture of office and commercial uses consisting of groupings of

professional, research, executive, administrative, accounting, clerical, stenographic and

similar uses. This district is designed and intended to act

as

a buffer and is intended to

be mapped along major thoroughfares as a transitional area between nonresidential and

residential uses. The OC-1 district does not permit residential development in this

district; however, it does allow residential uses on the second story or above.

The OC-1 district limits commercial uses that are envisioned to prevent disruption to the

surrounding existing residential neighborhoods and the rezoning will protect the

surrounding residences from the more intensive uses that are currently allowed in

theM

2 zoning district. Attached to this report are the permitted uses as described by the OC-1

zoning district and the M-2 zoning district


12/68

The Comprehensive Plan's Future Land Use (Figure 14-2) shows this area as it currently

is (industrial) and the surrounding land uses to remain the same, as a mix

of

commercial,

government, residential and recreational uses. The industrial use does not fit well with

the adjoining mix

of

uses.

t

is

staffs

opinion that adjoining properties will benefit from the positive impact

of

the

proposed rezoning. The proposed OC-1 district permits the greatest flexibility to the

reuse of the property while complementing the existing commercial uses and protecting

the surrounding residential zoning districts.

n reviewing a rezoning proposal, Section 1139.07 outlines the

criteria

on which to

base decisions:

A) Whether the change in classification would be consistent with the intent nd purpose

of

his Zoning Code.

The proposed rezoning is consistent with Zoning Code. As described in the Zoning

Code, the purpose

of

the OC-1 District is to accommodate a mixture

of

office and

commercial uses and is designed and intended to act as a buffet. The OC-1 district is

intended to be mapped between nonresidential and residential uses.

B) Whether the

proposed

amendment is made necessary because o changed

or

changing

conditions in the area affected, and, i o, the nature ofsuch changed or changing

conditions.

The proposed amendment is a result

of

the razing

of

the former Hobart Brother 's building

which was used to house an industrial use. This provides an opportunity for

redevelopment in the downtown area to can promote commercial use but also respect the

surrounding residential neighborhoods.

(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.

Commercial uses would

be

permitted on this property and is permitted on surrounding

commercial properties already in existence. The intent is to eliminate the intrusive

industrial uses and create a buffer for the adjoining commercial residential zoning

districts.

D) Whether adequate utility, sewer,

nd

water facilities,

nd ll

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.


13/68

E) The amount

of

vacant land that currently has the same zoning classification as is

proposed

for

the subject property, particularly in the vicinity

of

he subject property,

nd

any special circumstances, in any, that make a substantial

p rt

ofsuch vacant land

unavailable for development.

In the vicinity

o

the subject property, there is no available vacant land with the

OC 1

zoning classification.

F) Whether the proposed amendment would correct an error in the application of his

Zoning Code as applied

to

the subject property.

Not applicable in this request.

PUBLIC HEARING

Due to the straight forward nature o the rezoning request and the fact that City Council is

required

to

hold a public hearing

i

the request proceeds on, staff does not feel that a

public hearing before the Planning Commission is warranted.

RECOMMENDATION

Staff is recommending that the Planning Commission recommend approval o the

rezoning from the M-2 Light-Industrial Zoning district to the OC-1 Office-Commercial

district, based on the following:

o The proposed rezoning is consistent with the Zoning Code s intent to separate

incompatible land uses; and

o The proposed rezoning will complement the existing commercial zoning districts

and provide flexibility for future development; and

o The OC-1 zoning district will act as a buffer from the surrounding commercial

zoning district to the surrounding residentially zoned neighborhoods.


14/68

Scheduled Planning Commission Meeting

(Held every

2nd

and 4th Wednesday

of

the month at

3:30p.m.)

Office Use Only

Date Filed

Date Requested:

Accepted

by

Filing Fee Pd.

Applicant(s) scheduled on the agenda will be notified

Receipt#

APPLICATION IS DUE TWO (2) WEEKS PRIOR TO MEETING

APPLICATION FOR ZONING AMENDMENT

CITY OF TROY PLANNING COMMISSION

(MUST BE TYPED OR PRINTED LEGIBLY

IN

BLACK INK)

,

,

, :

r

.

(READ SECTION 1139 OF THE ZONING CODE

BEFORE

COMPI.,.ETING APPLICATION)

' . ' .

'

.

.

An application for an amendment to the City

of

Troy, Ohio o ~ i r i g Code

that

wquld c h a n ~ e the. cia.

S

.ification for

the property located at ~ { ) J J 1\J. f l6in If etl- .} JMUtrf die .

pcc/J:_

..

.. .

.

. ..

( treet Address) . .

being lot number(s) from

m

) to 0 ~

l

( E x i s t m g z o n ~

Classification)

P r o p o s ~ o n i n g

Classification).

OWNER

Name

- - - - 1 2 - j k ~ b J ~ r - i l - , t

_ ~ : . . . . : . _ ) r a u ; _

t N . : w : ' f l - - - f - , l ~ ( l . . : . ' ~ ~ ' i : = " ~ f ~ ' - - ~ '

Address

_ 6 ~ 0 0 1 - - - - L b ~ , , { V I ~ O . J _ . : ; _ /

"'+----4;";1-L--\.b-'---

C

City _ l _ _ . f u ~ V

State - - - - w O ~ U

Zip Code

_Y.f..L.-'-'3---=7...,c...]

Phone No.

Fax No.

Email

APPLICANT

Name

_ _ _ . . { t , . . . . 1 . .

' - ' + o / - - - J G ~ 1 1 - - - - - . . 1 . ' 1 / ( J . L . t - f - - - -

Address

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.::;;1-j_.__

. _ ( V ) - . : . . . C l l . ' - - " " " ' f e ~ k - . J - .

L....:..h

City - ~ ~ r l - 4 - c . . ' - - Y - r - - - - - - - - - - - - - -

state _O >LJ..U..L._

Zip Code _ _ _ _ _ . V . . . c . . _ ; l p ~ 1 ; - 7 1 ~ - - - - - - -

Phone No. - - - - - - - 3 ' - - z L - ~ 9;__

. : . . . _ 7 ~ " " " " ' 8 : : . . . . . _ . 1

Fax No. _ : J - - = - ~ _ f ~ _ , _ _ f ? _ . _ ~ + - {

Email

The applicant is the

- - j { c & ~ . L . : . l l i c ~ t H U o ' t : l t ) * *

_ _ _ , I J 4 1 - c c ; , q p ~ a l . f l - l : - - - - - - - -

of

the property, which is subject to this application

(SiYe

thE7ihigrest of the applicant)

PLEASE PROVIDE THE FOLLOWING:

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 as to clearly

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

x17

5. Filing Fee of $150.00 made payable to the City of Troy

Page 1 of 2


15/68

I HEREBY

DEPOSE

AND SAY THAT THE ABOVE STATEMENTS AND

THE

STATEMENTS CONTAINED

IN

A

THE EXHIBITS PREPARED

BY

ME

AND

TRANSMITTED

H E R E _ W _ I - T H - 0 - i ~ i f - E : _ : _ : a ~ , E ~ -

,-1-t:..__

L/

(Applicant Signatu

Subscribed

and

sworn to before

me

this f-_ day

f ~ 8 ; ?

201.:1_

My Commission

E x p i r e s ~ . f ~ . , ] . . ,

J

~

2. -0}

Z

,,

y

p',,

1

(Month/DateNear)

0 J

' h ~

~ /

. : - ' ~ \ _ \ 1 / . ( ~ JAMESA.DANDO NotaryPublic /J

~

* ~ I n and for

the State

of Ohio ~ - - : ~ r - - - - - - ' - ' - - - - : ~ ~ ~ ~ - - - - - - -

: i

j ~ M y

Commission

Expires Apr. 17,2017

(Notary Pub

~ ~ Recorded

in Miami County

or q,,,'

1

r t l \ (For Office Use Only Do Not Write Below This Line)

REQUIRED DOCUMENTS:

EXHIBIT A Reasons for Zoning Reclassification

EXHIBIT B Legal Description

EXHIBIT 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 List within 250 feet of parcel

Labels 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 $150.00

t ~ ~ ~

Additional Documentation (List):

PLANNING COMMISSION DISPOSITION:

PUBLIC HEARING DATE

1------------------------------------------

1------------------------------------------

RECOMMENDATION TO CITY COUNCIL

CITY COUNCIL DISPOSITION:

1

5

Reading:

2

nd:

3

rd:

PUBLIC HEARING DATE

COUNCIL COMMITTEE RECOMMENDATION

Approved:

Denied:

CITY COUNCIL ACTION

Ordinance Number:

Effective Date:

Revised 10/25/11

Page 2 of 2


16/68

~ ~ 0

f;

1

Pa trick

E.

J.

Ti

Hei ihgfon

~

r

~

p . . . - - ~ ~ - - - - - - - - - '

,

_

. . iJ , D irector

of

Public Service Safety

1 il 1

00

S. Market Street, P.

0 .

Box 3003

~ & u l t U J n , Troy Ohio 45373-7303

November

25,2014

Mr. Rodney L. Jones

Director of eal Estate and Controller

Illinois Tool Works, Inc.

3600 West Lake Avenue

Glenview, IL 60026-1215

Dear Mr. Jones:

phone: 937) 335-1725/fax:

937)

339-8601

trick.tittering [email protected]

To follow up with our conversation last week.. the City ofTroy is interested in initiating the rezoning

of

he

parcels that collectively make up the site of the former Dlinois Tool Works (ITW)/Hobart Brothers

manufacturing facility at 600 West Main Street. Those 31 parcels a map o which is attached hereto) are

currently zoned M-2 Light Industrial District, which as you know is not compatible with the surrounding

properties and uses. The City desires to rezone those parcels to OC-1 Off ice Commercial District, which

would allow compatible uses, as evidenced

by

the list ofPrincipal Permitted Uses that is also attached.

I am requesting your signature below to demonstrate that ITW does not object to the City rezoning those

parcels. Please note that the rezoning process will be completedby the City ofTroy at

no

cost to ITW.

Sincerely,

Patrick E. J. Titterington

Director

of

Public Service and Safety

attachments

cc:

Illinois Tool Works does not object to the City

of

Troy Ohio initiating

t

its

sole cost the rezoning

of

he properties identified on the attached map.

Michael

L

Beamish, Mayor

Jim Livingston, Law Director

Jim Dando, Development Director

J.C. Wallace, CEO/President, Troy Development Council


17/68


18/68


19/68


20/68

OC 1 Principal Permitted Uses

Accountant's office.

Adult Family Home.

Apparel

stores

retail sales.

Architect's office.

Art galleries and museums.

Artist, sculptor and composer studios.

Attorney's office.

Automobile parking garages.

Automobile parking lots.

Banks and financial institutions.

B arber and beauty shops .

Bed and breakfast.

Business, civic, fraternal association and labor meeting rooms.

Busines s and technical schools.

Day-care centers.

Drug stores - retail sales.

Engi neer's office.

Family Home

Florists.

Food stores retail sales.

Fo ster Family Home .

Gift shops.

Government buildings, structures, or premises

Health studios and clubs.

Insurance agent's office.

Jewelry

retail sales.

Libraries.

Medical and dental laboratories.

Medical and dental office/clinic .

Mortuaries and funeral parlors.

Newsstand retail sales.

Nursing homes.

Photo studios.

Private clubs.

Professional Offices not otherwise mentioned .

Pu blic parks, playgrounds and community centers.

Public utility.

Real estate broker's office.

Residential use on second story or above.

Retail and service uses.

Schools - primary, intermediate and secondary - public or private.

Seamstress and tailor.

Veterinary office -

no

boarding.

M 2 Principal Permitted Uses

Agricultural implement sales and service.

Agricultural uses .

Auction sales.

Automobile fuel dispensing station .

Automobile parking garages.

Automobile parking lots.

Automobile repair

garages

including body work.

Bakeries

wholesale sales.

Beverage distributors and bottling plants.

Printing, publishin g, binding and typesetting

plants.

Private clubs.

Public utility.

Railroad stations, depots, train yards,

classification yards and team tracks.

Research and engineering laboratories.

Sales offices and service centers.

Sawing and planning mills.

Sexually oriented business.

Sign painting and manufacture.

Bone, canvas, cellophane, clay, cloth, cork, feathers, felt - Stone products processing and manufacturing.

manufacturing. assembling. compounding, or treatment (or any

Building material sales and storage facilities.

Carpentry shops.

Cash advance businesses.

Cement block and formed products manufacturing.

Cold storage plants.

Commercial greenhouses and nurseries.

Contractor sales, storage and equipment yards.

Crematoriums (pet and human) .

Dairy and food product processing and packaging .

Driver training schools (trucks).

Dry cleaning commercial.

Electrical and electronic products, components and equipment -

manufacturing, assembling or repair.

Equipment rental services, including cars, trucks and trailers.

Exterminating services.

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

semi-precious stone

or

metal. sheet metal. shell. textiles. tobacco. wax.

Food brokers retail, wholesale and storage without processing.

Frozen food lockers .

Garden stores.

Governmen t buildings, structures, or premises used exclusively be

federal. state. county, township, or municipal governments for public

Government buildings, structures, or premises used exclusively by

federal. state. county. township

or

municipal p;ovemments for public

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

Liquid fuel, petroleum products, petroleum, and volatile oils - bulk

storage stations

n

accordance with Section 1143 .18(g) hereof.

Machine shops, tool and die shops .

Machinery and heavy equipment rental, sales and storage.

Manufacturing, assembling or repair of medical, dental, optical and

similar precision instruments

or

appliances.

Meat processing and packaging, exclusive of slaughtering.

Medical and dental laboratories.

Metal products, excluding structural steel and foundry products or

product from previously prepared materials - manufacturing,

Moving and storage companies.

Musical instruments - manufacturing, assembling

or

repair.

Novelties, toys and rubber products - manufacturing, assembling or

repair.

Pawn shops.

Pharmaceutical products, including cosmetics, toiletries and perfumes,

but excluding the manufacture of soap from raw materials or products

Pool Halls.

Tattoo parlors.

Truck fuel dispensing stations.

Truck repair facility .

Truck sales and service.

Truck washing facility.

Trucking and motor freight terminals.

Watches and clocks, including clock operated

devices manufacturing. assembling or repair.

Water filtration plants and pumping stations .

Wholesale houses, warehouse and other storage

facilities


21/68

OC 1 Office Commercial District

us s

not permitted in

the M 2 Zoning District

Accountant s

office.

Adult Family Home.

Apparel stores - retail sales.

Architect s office.

rt galleries and museums.

Artist, sculptor and composer studios.

Attorney s office.

Banks and financial institutions.

Barber

and

beauty shops.

Bed and breakfast.

Business, civic fraternal association and labor meeting rooms.

Business and technical schools.

Day-care centers.

Drug stores - retail sales.

Engineer s office.

Family Home

Florists.

Food stores retail sales.

Foster Family Home.

Gift shops.

Health studios and clubs.

Insurance agent s office.

Jewelry- retail sales.

Libraries.

Medical and dental office/clinic.

Mortuaries and funeral parlors.

Newsstand- retail sales.

Nursing homes.

Photo studios.

Professional Offices not otherwise mentioned.

Public parks, playgrounds and community centers.

Real estate brokers office.

Residential use on second story or above.

Retail and service uses.

Schools - primary, intermediate and secondary - public or private.

Seamstress

and tailor.

Veterinary office no boarding.

M 2 light Industrial District us s not permitted in the OC

1 Zoning District

Agricultural implement sales and service.

Agricultural uses.

Auction sales.

Automobile

fuel

dispensing station.

Automobile repair

garages

including body

work.

Bakeries - wholesale sales.

Beverage distributors and bottling plants.

Pharmaceutical products, including cosmetics, toiletries

and perfumes. but excluding the manufacture of soap from

Pool Halls.

Printing, publishing, binding and typesetting plants.

Railroad stations, depots, train yards, classification yards

and team tracks.

Research and engineering laboratories.

Sales offices and service centers.

Sawing and planning mills.

Bone, canvas cellophane, clay cloth cork feathers, felt - Sexually oriented business.

manufacturing. assembling. compounding. or treatment (or

any

Building material sales and storage facilities.

Carpentry

shops.

Cash advance businesses.

Cement block and formed products manufacturing.

Cold storage plants.

Commercial greenhouses and nurseries.

Contractor sales, storage and equipment yards.

Crematoriums (pet and human).

Dairy and food product processing

and

packaging.

Driver training schools (trucks).

Dry cleaning - commercial.

Electrical

and

electronic products, components and equipment -

manufacturing. assembling or repair.

Equipment rental services, including cars, trucks

and

trailers.

Exterminating services.

Fiber,

fur

glass, hair, hom, leather, paper, plastics, rubber, precious

or semi-precious stone or metal. sheet metal. shell. textiles. tobacco.

Food brok ers - retail, wholesale and storage without processing.

Frozen food lockers.

Garden stores.

Heating,

AIC

electric and plumbing sales, service

and

repair.

Liquid

fuel

petroleum products, petroleum, and volatile

oils

- bulk

storage stations

in

accordance with Section ll43.18(g) hereof

Machine shops, tool and die shops.

Machinery and heavy equipment rental, sales and storage.

Manufacturing, assembling or repair of medical, dental, optical and

similar precision instruments or appliances.

Meat processing and packaging, exclusive of slaughtering.

Metal products, excluding structural steel and foundry products or

product from previously prepared materials - manufacturing.

Moving and storage companies.

Musical instruments - manufacturing, assembling or repair.

Novelties,

toys

and rubber products - manufacturing, assembling or

repair.

Pawn shops.

Sign painting

and

manufacture.

Stone products processing and manufacturing.

Tattoo parlors.

Truck fuel dispensing stations.

Truck repair

facility.

Truck sales and service.

Truck washing facility .

Trucking and motor freight terminals.

Watches and clocks including clock operated devices -

manufacturing. assembling or repair.

Water filtration plants and pumping stations.

Wholesale houses, warehouse and other storage facilities


22/68

LIST OF PARCELS ASSOCIATED WITH REZON I

NG OF

HOBART PROPERTY O WEST

MAIN

STREET

o.

Owner :

P r o ~ e r t ~ ~ d r e s s

MailingAddress .

LandUse

arcel

- Acr

1

008-003610

HOBART

BROTHERS CO

600W MAIN

ST

600 W MAIN ST TROY

OH

45373

330

2.9

2

008-003380

HOBART

BROTHERS CO

ADAMSST ADAMS STTROY OH 45373

330 0.0

3

008-004950

HOBART

BROTHERS CO

ELM ST

ELM

ST

TROY

OH

45373

330

0.1

4

008-004960

HOBART

BROTHERS CO

ELM ST ELM ST TROY OH 45373

330

0.3

5

008-004980

HOBART BROTHERS CO

ELM

ST

ELM ST TROY

OH

45373

330 0.0

6 008-004990

HOBART

BROTHERS

CO

ELM

ST

ELM

STTROY

OH

45373 330 0.1

7

008-005010

HOBART BROTHERS CO

ELM ST ELM ST TROY

OH

45373

330 0.1

8

008-005020

HOBART BROTHERS CO

ELM ST ELM

ST

TROY OH 45373

330

0.1

9

008-005030

HOBART BROTHERS CO

ELM ST

ELM STTROY OH 45373

330 0.1

10

008-005040

HOBART BROTHERS CO

ELM ST ELM ST TROY OH 45373

330 0.1

11

008-005060

HOBART BROTHERS CO ELM ST ELM STTROY OH 45373

330

0.0

12

008-005070

HOBART BROTHERS CO

ELM

ST

ELM ST TROY

OH

45373

330 0.1

13

008-005075

HOBART BROTHERS CO ELM ST

ELM ST TROY OH 45373

330

0.2

14

008-005080

HOBART BROTHERS CO ELM ST ElM STTROY OH 45373

330 0.2

15

008-003370

HOBART

BROTHERS CO JACKSON

ST JACKSON

T

TROY OH 45373

330 0

16

008-091220

HOBART BROTHERS

CO

W MAIN ST MAIN ST TROY OH 45373

330

0.7

17

008-005090

HOBART BROTHERS

CO N ELM

ST

N ELM ST TROY OH 45373

330 0.1

18

008-005100

HOBART

BROTHERS

CO N ELM ST N ELM STTROY OH 45373

330 0.1

19

008-005110

HOBART BROTHERS

CO

N ELM ST N ELM ST TROY OH 45373

330 0.1

20

008-005460

HOBART BROTHERS

CO N ELM

ST

N ELM ST TROY OH 45373

330 0.2

21

008-008480

HOBART BROTHERS CO N ELM

ST

N ELM ST

TROY

OH 45373

320 0.2

22

008-008490

HOBART BROTHERS

CO

N ELM ST

N ELM ST

TROY

OH 45373

330 0.2

23

008-008500

HOBART BROTHERS CO N ELM

ST

N

ELM

ST TROY

OH

45373

330 0.2

24 008-:004940

HOBART BROTHERS CO WMAIN ST W MAIN ST TROY OH 45373

330

0.1

25

008-004955

HOBART BROTHERS CO W MAIN ST

400 ETRAO SQ TROY

OH

45373

330 0.4

26

008-003350

HOBART BROTHERS CO WATERST

WATER

STTROY

OH

45373

330

0

27

008-003390

HOBART BROTHERS CO WATERST

WATER STTROY OH

45373

330 0.0

28

008-003410

HOBART BROTHERS CO

WATERST

WATER

STTROY

OH 45373

330

0

29 008-003600

HOBART

BROTHERS

CO

WATERST

WATER

STTROY

OH

45373 330 0.5

30

008-004995

HOBART BROTHERS CO

WATERST

400 ETRAD SQ TROY

OH

45373

330 0.4

31 008-005050

HOBART

BROTHERS

CO WATERST

WATER

STTROY

OH 45373

330 0.0

TOTAL

A

CRES

8.6

N

ote:

List does not include 9 unidentified parcels numbers located wi thin the address of 600 W. Main St.


23/68

December 10 2014

A meeting of the Troy Planning Commission was held Wednesday, December

10

2014, at 3:30p.m. in

second floor conference room, City Hall, Vice-Chairman Thomas Force presiding. Also present were membe

Mahan, Titterington, Johnson, McGarry, and Beamish; Planning

Staff

T Davis, S Brandon and D Puckett.

The minutes of the November 12, 2014 meeting were approved.

REZONING REQUEST - 600 WEST M IN STREET 40 PARCELS TOTAL) FROM TO M-2. LIG

INDUSTRIAL DISTRICT. TO OC-1. OFFICE-COMMERCIAL DISTRICT; THE AREA PROPOSED TO

REZONED CONSISTS OF TEN PARCELS LOCATED ALONG NORTH ELM STREET BETWE

WASHINGTON STREET ND WEST WATER STREET). FIVE PARCELS LOCATED ALONG T

INTERSECTION OF WEST WATER STREET

ND

ADAMS STREET. AND 25 PARCELS THAT ENCOMPA

THE 600 WEST MAIN STREET LOCATION; OWNER IS HOBART BROTHERS COMPANY; APPLICANT

CITY

OF

TROY. Mr.

Davis commented that the City of Troy

on

behalf of Hobart Brothers Company has reques

the rezoning of 40 parcels from the M-2 Light-Industrial District

to

the

OC-1

Office-Commercial District; the repo

staff (attached

to

original minutes) includes a list of the parcels (nine of which do not have parcels number due

prior replat and being built over), a map highlighting the parcels of the proposed rezoning; and information related

the allowed uses under both zoning categories. It is noted that this includes the location of the recently demolis

Hobart Brothers/ITW factory complex that carried the address of 600 West Main Street. He further reported that

surrounding zoning districts include B-2 General Business District

to

the south, a mixture of B-2 General Busin

District and R-7 Multi-Family to the east, R-6 Two-Family Residential to the west, and M-2 Light-Industrial

to

north; the razing of the

old

Hobart Brothers building has left an opportunity for redevelopment in the heart of

community; this area was once dominated by industrial uses but has since grown into a mixture of commercial a

residential uses, the City has reached out to the property owner for a rezoning of the area that will complement

commercial district and respect the nearby residential uses; a rezoning from the M-2 Light-Industrial district

to

OC-1 Office-Commercial district will fit harmoniously into this mixed use area; the Zoning Code describes the O

Office-Commercial district as designed to accommodate a mixture of office and commercial uses consisting

groupings of professional, research, executive, administrative, accounting, clerical, stenographic and similar us

this district

is

designed and intended to act as a buffer and

is

intended to be mapped along major thoroughfares

a transitional area between nonresidential and residential uses; the OC-1 district does not permit residen

development in this district; however, it does allow residential uses on the second story or above; the

OC-1

dis

limits commercial uses that are envisioned to prevent disruption to the surrounding existing residen

neighborhoods and the rezoning will protect the surrounding residences from the more intensive uses that

currently allowed

in

the M-2 zoning district; the Comprehensive Plan's Future Land Use (Figure 14-2) shows

area as

it

currently

is

(industrial) and the surrounding land uses to remain the same,

as

a mix of commerc

government, residential and recreational uses; the industrial use does not fit well with the adjoining mix of uses; a

it

is

staff's opinion that adjoining properties will benefit from the positive impact of the proposed rezoning as

proposed

OC-1

district permits the greatest flexibility to the reuse of the property while complementing the exis

commercial uses and protecting the surrounding residential zoning districts. Regarding the Section 1139

outlines the criteria

on

which

to

base decisions, staff reported:


24/68

A) Whether the change in classification would be consistent with the in tent and purpose of this Zoning Code

The proposed rezoning is consistent with Zoning Code. As described in

th

Zoning Code, the purpose

of

the

OC-1 District is to accommodate a mixture

of

office and commercial uses and

is

designed and intended to a

as a buffet. The

OC 1

district is intended to be mapped between nonresidential and residential uses.

B) Whether the proposed amendment is made necessary because

of

changed

or

changing conditions in the

area affected, and if so the nature of such changed

or

changing conditions.

The proposed amendment is a result

of

the razing

of

the former Hobart Brother's building which was used to

house an industrial use. This provides an opportunity for redevelopment in the downtown area to can promo

commercial use but also respect the surrounding residential neighborhoods.

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

the uses permitted on other property in the immediate vicinity.

Commercial uses would be permitted on this property and is permitted on surrounding commercial properties

already in existence. The intent

is

to eliminate the intrusive industrial uses and create a buffer for the adjoini

commercial residential zoning districts.

D) Whether adequate utility, sewer, and water facilities, and all other needed public services exist or can be

provided to serve the uses that would be permitted on a property if it were reclassified.

All utilities are provided.

E) The amount of vacant land that currently has the same zoning classification

s

is proposed for the subjec

property, particularly in the vicinity of the subject property, and any special circumstances, in any, that make

substantial part of such vacant land unavailable for development.

In the vicinity

of

the subject property, there is no available vacant land with the OC-1 zoning classification.

F) Whether the proposed amendment would correct an error in the application of this Zoning Code as applie

to the subject property.

Not applicable in this request.

Staff did not recommend a public hearing be held by the Commission due to the straightforward nature o

the rezoning request and the fact that City Council

is

required to hold a public hearing if the request proceeds on.

Staff recommended that the Planning Commission recommend approval

of

the rezoning from the M-2 Lig

Industrial Zoning district to the OC-1 Office-Commercial district, based on the following:

The proposed rezoning

is

consistent with the Zoning Code's intent to separate incompatible land uses; a

The proposed rezoning will complement the existing commercial zoning districts and provide flexibility

future development; and

The OC 1 zoning district will act as a buffer from the surrounding commercial zoning district to


Discussion: Mr. Force asked about the Troy Lumber Property, located adjacent to the site

of

the propo

rezoning, and was advised that Mr. Goodall, owner of Troy Lumber, now owns that site; that he was contac

about being included in the rezoning and advised that while he supported the redevelopment of the site, at this t

he did not want to include his property in the area proposed to be rezoned. In response to Mayor Beamish, it w

stated that as OC 1 allows residential units on a second floor, this could be a benefit for the land to be m

marketable and the OR zoning permits uses that may be more disruptive to the neighborhood. Mr. McGarry sta

he was pleased to see that the city is taking the initiative on this rezoning proposal.


25/68

PUBLIC HEARING: A motion was made by Mayor Beamish, seconded by Mrs. Mahan, that the Plan

Commission not holds a public hearing, noting that one will be held by Council.

MOTION PASSED, UNANIMOUS VOT

REZONING REQUEST: A motion was made by Mr. McGarry, seconded by Mrs. Johnson, that

Planning Commission recommends to Troy City Council that

the

rezoning request identified as 600 West M

Street (40 parcels total) from to M-2, Light-Industrial District, to OC-1 Office-Commercial District, be appro

based

on

the findings

o

staff that:

The proposed rezoning is consistent with the Zoning Code s intent

to

separate incompatible land uses; a

The proposed rezoning will complement the existing commercial zoning districts and provide flexibility

future development; and

The OC-1 zoning district will act as a buffer from the surrounding commercial zoning district to


MOTION PASSED, UNANIMOUS VOT


26/68

1st

r

CITY

OF

TROY, OHIO

~

_ _ D y_onLcga Bbnk Inc

ORDIN NCE N o

._.:;;_0-..: _1-=2o1 .:..::..s

_ _

ORDINANCE CHANGING THE ZONING OF FORTY 40)

PARCELS IN THE CITY OF TROY. OHIO FROM M-2.

LIGHT INDUSTRIAL DISTRICT TO

OC 1

OFFICE

COMMERCIAL DISTRICT

WHEREAS,

a request for zoning change was presented to the Planning

Commission of the City of Troy, Ohio, to rezone forty 40) parcels

in

the City

of

Troy,

abutting

N.

Elm Street,

W.

Water Street,

W.

Main Street, and N. Adams Street at the

site of the former Hobart Brothers factory and parking lots, and

WHEREAS,

the Planning Commissi

on

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, THEREF ORE, BE IT ORDAINED

by the Council of the City of Troy, Ohio

as follows:

SECTION

:

That the zoning be changed from M-2 Light Industrial District to

OC-1 Office Commercial District, for the forty 40) parcels of real estate abutting N. Elm

Street, W. Water Street, W. Main Street, and

N.

Adams Street at the site

of

the former

Hobart Brothers factory and parking lots as shown

on

the Exhibit A attached hereto.

SECTION II:

That this Ordinance shall

be

effective at the earliest date allowed by

law:

Adopted:

President

of

Council

Approved:

Attest

Clerk

of

Council

Mayor

J

I

I

I

j

I

-

- -- -- ___


27/68


28/68

Oaylnn L c ~ a l Blank inc.

CITY OF TROY OHIO

0 RD IN NCE N ____;

;...._c-2::._-=- 2o..;_;;1

s;..._..__

ORDINANCE AUTHORIZING THE USE OF PUBLIC AREAS

FOR THE 2015 TROY STRAWBERRY FESTIVAL AND

AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND

SAFETY OF THE CITY OF TROY. OHIO TO ENTER INTO AN

AGREEMENT THEREFOR

WHEREAS, the Troy Area Chamber of Commerce and Troy Strawberry Festival, Inc.

have requested

c h a ~ g e s

for the 2015 Troy Strawberry Festival, to be held on the weekend

of

June 5 - 7, 2015, (the hours of the actual festival activities being from 6

PM

to 9:30

PM

on

Friday, June

5,

2015, from the 9:15

AM

opening ceremonies to 8

PM

on Saturday, June 6,

2015, and from

10 AM

to the 6

PM

closing

of

the festival

on

Sunday June

7,

2015) requesting

that it

be

located

on

the levee, the Hobart Arena and Stadium parking lots, the Market Street

Bridge, the North Market Street Ball Field parking lot, and

in

the downtown area

as

shown

on

the attached Exhibits A -

D ;

providing that estimated overtime costs to the City of Troy will not

to exceed a total of Fifty-Six Thousand Dollars ($56,000.00), with a pre-festival deposit of

Fourteen Thousand, One Hundred Fifty Dollars ($14,150)

to

be made to the City by the Troy

Area Chamber

of

Commerce

and

Troy Strawberry Festival,

Inc.

for the estimated costs that

exceed the said Fifty-Six Thousand Dollars ($56,000:00),

and

that

an

agreement

be

entered into

therefor; and

WHEREAS, Troy City Council is of the opinion that such request is reasonable and

appropriate for the 2015 Strawberry Festival; and

WHEREAS, without interfering with attendees right to engage

in

this conduct at other

times

in

this location

and in

other places at all times; and without interfering

in

attendees right

to

engage

in

other, non-prohibited conduct during the 2015 Strawberry Festival; because of Troy

City Council's iriterest

in

preserving the public's safety and its interest of proper management of

the anticipated large crowd of attendees (upwards

of

100,000 attendees per day

in

past years),

certain actions during the actual festival activities each day and for the hour before and after

each day's activities

of

the festival, within the event area

as

shown on the attached Exhibits A -

D ,

should

be

limited, such the carrying of weapons at the festival, having non-handicap-assist

animals at the festival, and engaging

in

the act of writing, painting, chalking or otherwise

permanently or temporarily defacing or marking

on

the public streets, sidewalks, alleys or other

public areas

in

the event area during the festival; and

WHEREAS, it

is

appropriate and prudent for the City

of

Troy, through its Director of

Public Service and Safety to enter into such

an

agreement regarding the 2015 Troy Strawberry

Festival; and

NOW, THEREFORE, BE IT ORDAINED by the Council

of

the City of Troy,

as

follows:

SECTION

1:

That the Director

of

Public Service and Safety

of

the City

of

Troy, Ohio

is

authorized

to

establish terms and conditions for the use, by the Troy Area Chamber of

Commerce and Troy Strawberry Festival, Inc., of the public areas and-the areas adjacent

to

the Great Miami River,

as

shown

on

Exhibits A -

D

attached hereto, beginning at 9:00

PM on

Thursday, June

4,

2015 and ending at 7:00AM

on

Monday, June

8,

2015

as

the site of the 2015

Strawberry Festival; a pre-festival deposit

to be

made to the City on or before May

5,

2015

in

the amount of Fourteen Thousand, One Hundred Fifty Dollars ($14,150) for the costs that

exceed the said Fifty-Six Thousand Dollars ($56,000.00} estimated overtime costs of the City.

SECTION II: That

the

sale of wares

by

peddlers

and

itinerant vendors, except

by

persons

associated with and authorized by Troy Area Chamber of Commerce and Troy Strawberry Festival,

Inc.,

are prohibited

in

the event area shown

on

Exhibit

D ,

from 5:00

PM to

10:30

PM on

Friday, June

5,

2015;

from 8:15AM to 9: PM

on Saturday June

6,

2015

and

from 9:00AM to

7: PM on Sunday June

7,

2015.

\


29/68

ORDINANCE NO. 0-2-2015

PAGE TWO

SECTI

ON

Ill : That the sale of alcohol and the possession of open containers of alcohol

shall not be permitted in the public areas of the event area shown on Exhibits A - D , attached

hereto during the 2015 Strawberry Festival.

SEC

TION

IV: That the Director of Public Service and Safety of the City

of

Troy, Ohio

is

hereby authorized to enter into an agreement with the Troy Area Chamber of Commerce and

Troy Strawberry Festival, Inc. based upon the terms and conditions herein provided, plus other

terms and conditions he deems necessary, regarding the 2015 Troy Strawberry Festival.

SECTION V: That, unless specifically authorized by the Troy Police Department, or

otherwise permitted by law,

no

person from 5:00

PM

to 10:30 PM on Friday, June

5,

2015; from

8:15AM to 9:00PM on Saturday, June

6,

2015; and from 9:00AM to 7:00PM on Sunday, June

7,

2015. shall possess within or bring into the event area as shown on Exhibits A -

D ,

attached

hereto, any knife, club or any other instrument, device or thing that is capable of infl icting

serious physical harm, that is designed or specifically adapted for use as a weapon, or that is

possessed, carried or used

as

a weapon. This Section does not apply

to

law enforcement

offi

ce

rs or to canes, crutches or other similar devices used by persons who are visually or

physically impaired.

SECTION

VI

: That from 5:00PM to 10:30

PM on

Friday, June

5,

2015; from 8:

15AM

to

9:

PMon

Saturday, June

6,

2015; and from 9:00AM to 7:

PM

on Sunday, June

7,

2015, no

person shall bring any animal into the event area as shown on Exhibits A - D , attached hereto,

un less su

ch

animal is being or will be used by law enforcement officials in the performance

of

their duties, or as a guide dog or other handicap-assist animal.

SECTION VII: That

no

person shall engage

in

the act

of

writing, painting, chalking or

otherwise permanently or temporarily defacing or marking on the public streets, sidewalks,

alleys or other public areas

in

the event area,

as

shown

on

Exhibits A -

D ,

attached hereto,

from 5: PM to 10 :30

PM

on Friday, June

5,

2015; from 8:

15AM

to 9:00PM on Saturday, June

6,

2015; and from 9: AM to 7:00PM on Sunday, June

7,

2015.

SEC

TI

ON VIII: That whoever violates Sections II , V,

VI

or VII of this Ordinance is guilty

of a minor misdemeanor.

SECTION IX: That this Ordinance sha

ll

be effective at the earliest date allowed by law.

Adopted: _ _

_ _

Approved:

Attest:

Clerk of Council

President of Council

Mayor


30/68


31/68

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~ ; ~ ~ ~ ~ ~ . , h ~ ~ h ~

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and A C vendors

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33/68


34/68

~

TROY OHIO

< : f ~ l e f l

. : i ~ : : h

ITEMS O INTEREST

TO Mayor Beamish

Mrs. Baker, President of Council

Council Members

FROM Patrick E.

J. Titterington,

Director of Public Service and Safe

DATE January 16, 2015

We

are

providing

the

following for

your

information:

Major Project

Update:

o Sidewalk

Program

8 work will

continue through the winter and slated

for

completion in the spring

of 2015.

o

North Market Street/Piqua-Troy Troy-Urbana Intersection Realignment

the

roadway

is

open; however,

the

reconstruction of Troy-Urbana Road

will be completed in the

spring

of

2015.

Please

be

careful when

traversing

the

intersection.

o

Barnhart Road,

Arthur

Road, Oak Street,

Scott

Street Frank Street

Waterlines-

restoration is complete along

Scott

and

Frank Streets

.

Oak

Street

and Barnhart/SR-718

work

will

begin

in

the

spring

of

2015.

o Adams Street Phase 2 stone portion of

the

Community Park

wall

is

complete, with

the railing

to

be installed and any remaining work

to

be

completed

in spring 2015.

o

Finsbury Lane, Riverside

Drive

and Race

Drive

Waterline Finsbury

Lane

clearing and waterline is complete except for directional drilling which ties

t into

Shaftsbury

Road. The waterline from

Governor s

Road to

Troy

Sidney Road has obtained CSX

approval.

o Sewer Lining Project contractors

are

lining

the SW Interceptor

around

West

Market Street and Arthur Road, Southview

Drive

and northeast of

the river.

As a

reminder, City

Offices will

be closed on

Monday, January

19 in observance

of the Dr. Martin Luther King holiday.

Trash

collection and recycling will be on

schedule . Council will meet on Tuesday, January 20 at

7:00

p.m.

On January 19 at 9:30

a.m.,

to commemorate the

Dr.

Martin Luther

King

Jr.

holiday, a walk is

scheduled

to start

from the

Southwest Quadrant of

the

Public

Square and continue down East Main Street to

St.

Patrick Church where the

Celebration Service

will

commence at 10:00

a.m.


35/68

Items

of

Interest

January

16,

2015

Page

Two

A

parking

kiosk has

been installed

at the

South

Cherry Street

Parking

Lot and

will

be

operational

effective

January

20,

2015.

This

parking

kiosk is

replacing

the

parking

meters

that had

been at each parking space. The

parking fee

is

twenty-five

cents per hour,

with

a

maximum

fee

of 2

per

day. The lot is open

for

parking from 6:00 a.m.

-

3:00 a.m., and parking is

enforced

8:00

a.m. -

6:00

p.m. except

for

Sundays

and holidays.

Refuse Division Truck

Driver

Robert Hodge

has

announced his retirement

effective

January

8

after

nearly 22

years

of

service.

Mr.

Hodge

began

his

career

with the City of Troy on

February

3,

1988

as

a part

time

employee first

at the

Hobart Arena, and then at the Pool. On February 1, 1993

he

became a full time

employee

at

Hobart

Arena,

transferred

to

the Park Department in July

of

1995,

then

to

the

Refuse

Department

in

April

of 1997.

Attached

is

a

copy

of

the

Snow

and Ice Removal Expenses report through

January 12,

2015. To

date the

City has used

178

tons of

the salt

supply and

the

total

cost is 20,786.71.

As a

reminder,

live

Christmas

trees can

be placed at the curb

for

the Street

Division to pick up and

dispose

of through January

30, 2015.

This service

is

provided in

cooperation with

the

Miami

County Transfer Station and

recycling

center.

The

trees

must

be

free of

decoration

and

not

be in a plastic

bag.

Other

information provided by City departments is

attached.

Upcoming Events

at

Hobart rena

January

24,

2015

All

American

Youth Activities

Cheer Competition

February

7,

2015

TESLA Simplicity Tour Concert

February 8, 2015 Greater

Midwest

Cheer Expo

February

13, 2015 Beatlemania

Magic Concert

February 14, 2015 38

Special

with Special Guests Stranger, Concert

March 6

7,

2015 OHSAA

Division

III District

Wrestling Championships

March 10,

2015

Chris Tomlin,

Tenth

Avenue North, and Rend

Collective

March

3

15, 2015

March

21, 2015

April19, 2015

Concert

Miami County

Home

Garden Show

Sing-Off

Live

Tour, Concert

Crowder Neon Steeple Tour,

Concert


36/68

Items

of

Interest

January 16 2015

Page Three

alendar

of

Meetings

January

20

2015

January

21

2015

January

28

2015

February 2 2015

7:00 p.m.

Council

1:00

p.m.

Rec

Board

3:30 p.m. Planning Commission

7:00 p.m. Council

City

Hall

Council Chambers

City Hall

Council Chambers

City Hall

City

Hall

Council Chambers

If you have any

questions

please do not hesitate to contact this office

Enclosure

cc:

Department

Heads


37/68

TOTAL

EVENT

SALT TOT

SALT

CACL2 UNLEADED

DIESEL REG LABOR

OTLABOR

TOTAL USAGE

D

MONTH

I TONS $/TON

TOTAL GAL $/GAL TOTAL GAL $/GAL

TOTAL GAL $/GAL TOTAL HOURS

$ HOURS $ $

TONS

October

I

0.0 $52.80

$

0.0

$1.15 $ 0.0 0.0

0.0 0.0

$ 0.0

November 17, 2014 8.0 $52.80 $ 422.40

0.0

1

.15 $ 0.0

$2.72

$

14.0 $3.05 $

42.

70

3.0

101.

61

4.0 $ 173.62

$ 740.33

8

5:00am-1O

OOam

January 5, 2015 13.0

$52.80 $ 686.40 0.0

1

.15 $ 25.0 1

.

73

$ 43.25

17.0

$2.

30

39

.10 24.0 649.96 1.0 $ 51.95

$ 1,470.66

2

0

2

7:00AM-4:30PM

January 6, 2015

52

.0

$52.80

2,745.

60

184.0

1

.15 $

211

.60 99.0

1

.73

$

171

.27

308.0 $2.30 $ 708.

40 155.0 $ 4,018.54

41

.5 $ 1,640.99

9,496.40 73 J

11

4:00AM-4:30PM

January 7, 2015 6.0 $52.80 316.80 16.0

1

.15 18.40 2.0

$1.73

$ 3.46

15.0 $2.30

$ 34.50 13.0 348.32 0.0

721.48

79

0 12

7:00AM-3:00PM

January

11

, 2015

49.0

$52.80 $ 2,587.

20

196.0

1

.15 225.40 0.0

1.73.

$

38.0 $2.30

87

.

40

0.0

21

.0 833.55

3,733.55

128 0 16

9:00PM- 12:00AM

January 12, 2015

50.0

$52.80 $ 2,640.

00

192.0

1 .15 220.

80

17.0 1 .73

$

29.41

108.0 $2.30

248.

40

56.0 1,485.68 0.0

4,624.29

178

20

7:00AM-3:00PM


38/68


39/68

Water

Treatment Plant

Jeff

Monee

For the month

of

December 2014, the

WTP

pumped

a

total

of

108.660 million

gallons

(MG)

to

our distribution system and customers in

West Milton and parts

of Miami County

(avg.

3.805

MG day). Total

precipitation recorded

at

the

WTP

for

December was 2.58 . Respective totals

for

December in previous years are:

2013:

103.868

MG; 4.97

2012:

94.603

MG;

3.0

1

2011:

109.387

MG; 5.77

2010: 112.849

MG;

0.77

2009:

105.264

MG; 2.39

2008: 116.920

MG; 4.07

2007: 114.235

MG;

3.79

2006: 110.777 MG; 3.25

2005:

150.496

MG; 9.02

2004:

154.949

MG; 3.52

2003: 143.782

MG;

2.69

For the

entire

year of 2014, the

WTP

pumped

a

total

of

1,344,204 MG to our

distribution system and customers in West

Milton and

parts of

Miami

County

(avg.

3.68 MG

per day). The total precipitation for 2014

was

39.38 as recorded

at the

WTP.

Respective totals

for

previous years are as

follows:

2013: 1,459.910

MG;

35.61

20

12:

1,540.651

MG;

30. 77

2011: 1,454.543

MG;

60.88

2010:

1,437.366

MG; 31.64

2009: 1,408.132

MG;

32.58

2008: 1,453.115

MG; 42.14

2007: 1,519.079

MG;

42.24

2006: 1,466.981 MG;

42.78

2005: 1,834.329

MG;

43.05

2004: 1,902.148

MG;

31.25

2003:

1,887.681 MG; 45.40

Seven bulk water

account

holders

withdrew

a

total of

42,050 gallons

from the

WTP

Bulk Water Station during the month of December

for

total revenue of

$470.66; total

Bulk

Water withdrawn

at

the

WTP for

2014 was

2,631,500

gallons.

Total for

2014 sales

were

$21,297.40.

A

total of

8,254,142

gallons were

pumped

to

the Extra High

Service

pressure

zone

in northwest Troy by the EHS Booster Station during the month of

December, for an average daily consumption

in

that zone of

0.2663

MGD. The

average

daily

pumpage

in the

EHS for

2014 was 0.2862

MG,

compared

to

0.2782

MGD in

2013.

Miami

Conservancy

District

testing in

the

west

well field has been completed and

their

report is

expected

within the

next week.

A

new

electric

flush

valve

actuator

has been

installed

and

the Train

1 clarifier

sludge disposal system has been

restored

to n

troy city council meeting (1/20/2015)

Documents