october 27 committee packet.pdf

8/10/2019 October 27 Committee Packet.pdf

1/16

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City

of Troy

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MONDAY OCTO ER

27 2014 5:30 PM

Law Ordinance Committee

TROY

CITY COUNCIL

COMMITTEE

MEETING

NOTICE

COUNCIL CHAMBERS, CITY

HALL

100

S. MARKET

STREET,

TROY,

OHIO

Schweser [Chm.], Phillips, Snee)

1.

Provide a recommendation to

Council regarding

Ordinance No. 0-31-2014, Rezone IL 2176 1200

S. Crawford

St.)

from M-2, Light Industrial District,

to R-5,

Single-Family Residential District.

Other

Committees/items

may

be

added

10-24-2014

cc:

Council

Mayor

Mr. Titterington

Mr. Livingston

Mr. Stickel

Department

Heads

Chamber of

Commerce

Board of Education

Media


2/16

s t

rd

CITY

OF

TROY, OHIO

ORDINANCE No.

o 31 2014

ORDINANCE

CHANGING

THE ZONING

OF

INLOT 2176

PARCEL NO. 008022170) IN THE CITY OF TROY, OHIO

FROM M2,

LIGHT INDUSTRIAL

DISTRICT TO R-5

SINGLEFAMIL

Y

RESIDENTIAL

DISTRICT

WHEREAS, a request

for

zoning change

was

presented to the Planning

Commission

of

the City

of Troy,

Ohio, to rezone lnlot

2176

Parcel No.

006-022170)

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 CouncU

of

the City of Troy,

Ohio

as follows:

SECTION : That the zoning

of

Inlet

2176

Parcel No. 0 0 6 ~ 0 2 2 1 7 0

be changed

from M-2, Light Industrial District to R-5, Single-Family Residential District.

SECTION II: That

this

Ordinance shall

be

effective

at

the earliest date a llowed

y

law

.

Adopted:__________

Approved:_________

At tes t : -

Ciert of Council

President of Council

Mayor

I

/

I

;


3/16

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ity of Troy

u ~

MEMORANDUM

TO:

Mrs. Baker, President, Troy City Council

FROM:

Sue Knight, for the Troy Planning Commission

DATE: September

17,

2014

SUBJECT:REPORT OF THE PLANNING COMMISSION ON A REZONING APPLICATION - INLOT 2176

{PARCEL

DOS-

022170

,

WHICH IS THE ADDRESS OF 1200 S. CRAWFORD STREET, FROM THE ZONING OF

M-2, LIGHT INDUSTRIAL DISTRICT, TO THE ZONING OF R-5, SINGLE-FAMILY RESIDENTIAL DISTRICT.

On

September 10, 2014, the Troy Planning Commission considered the rezoning of lnlot 2176 (PARCEL D08-

022170), which is the address of 1200 S. Crawford Street, Troy, Ohio, from the zoning of M-2, Light Industrial

District, to the zoning of R-5, Single-Family Residential District. T

he

owner of the property is Charles Griesemer;

the applicant is Jerry Miller.

The Commission had received a report

of

City staff, which was reviewed as part of the meeting discussion . That

report indicates that the owner plans to continue to use the property as a single-family residence. Under the

current M-2 zoning, if something happened to the property that destroyed more than 50 of the property, it could

not

be

rebuilt for residential use. A copy of the packet provided

to

the Commission is attached.

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 the requested rezoning

be approved for lnlot 2176 (PARCEL D08-022170), which is the address of 1200 S. Crawford Street, Troy, Ohio,

from the zoning of M-2, Light Industrial District, to the zoning of R-5, Sing le-Family Residential District, based on

the followi

ng

findings

of

staff:

The area has the same zoning to the west, north ,

and

east as the proposed zoning classification.

o The parcel meets the bulk requirements for an

R-5

zoned property and fits the use well.

The proposed rezoning

is

consistent with the intent and purposes of the City of Troy Zoning Code.

The rezoning would eliminate a non-conforming use.

This request is forwarded herewith to Council for consideration.

The Public Hearing before Council has been set for the October 20 meeting of Council.

The following information will

be

attached

as

part of this report:

Information provided by City staff, which included the report of staff.

A listing of permitted uses for both the M-2 and

R-5

Districts .

Copy of the draft minutes

of

the September 10 meeting of the Planning Commission regarding this

rezoning application.

Encl.


4/16

TO: Troy Planning Commission

FROM: Planning Staff

DATE: September 10 2 14

SUBJECT: Rezoning: 12 South Crawford Street

OWNER: Charles Griesemer

APPLICANT: Jerry Miller

BACKGROUND:

Jerry Miller, agent for Charles Griesemer, owner of 1200 South Crawford Street, has

applied for Planning Commission to consider allowing the rezoning

of

1200 South

Crawford Street. Currently the property is zoned M-2, Light Industrial District, and the

applicant requests that the zoning of the parcel be rezoned to R-5, Single Family

Residential.

The property consists of .15 acres located on the NE comer of South Crawford Street and

Racer Street. The surrounding zoning districts include R-5, Single-Family Residential to

the north, west and east, and M-2, Light Industrial District to the south. A map depicting

the surrounding zoning districts has been attached to this report

DISCUSSION:

The Zoning Code describes the R-5 district as designed to accommodate single-family

dwellings on lots with areas of at least six thousand (6,000) square feet per dwelling unit.

This parcel meets the required bulk requirements of the

R-5

zone.

The Comprehensive Plan's Future Land Use (Figure 14-2) shows the surrounding area to

be predominately residential use with light industrial to the south.

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 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 .

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. The

residential use

of

the property fits well with the current uses that exist in the area.


5/16

B)

Whether the

proposed

amendment is made necessary because

of

changed or

changing conditions in the area affected, and,

i

so, the nature

of

such changed or

changing conditions.

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 would be permitted on the existing parcels o land located to the west north and

east o 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

of

vacant land that currently has the same zoning classification as is

proposed or

the subject property, particularly in the vicinity

of

he subject property,

nd

any special circumstances, in any, that make a substantial p rt of such vacant

l nd

unavailable for development.

There is no vacant land in the vicinity o this proposed rezoning.

F)

Whether the

proposed

amendment

would

correct an error in the application of this

Zoning Code

s

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 M-2 Light Industrial District to R-5 Single Family Residential District

based on the following:

o The area has the same zoning to the west north and east

s

the proposed zoning

classification; and


6/16

o The parcel meets the bulk requirements for an R 5 zoned property and fits the use

well; and

o The proposed rezoning is consistent with the intent and purposes

o

the

City o

Troy Zoning Code.; and

o The rezoning would eliminate a non conforming use.


7/16

. : . r

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Scheduled

Pl an

n

ing

Commission Meeti

ng

(Held every 2nd and

4th

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

Office

Use Only

Date Filed

- ~ )- I 1

Date Requested:

q

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Accepted by

~

Filing Fee

Pd.

~

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Receipt# t 121 /t2 7

Applicant(s) scheduled on the agenda will be notified

APP

LI

CATION

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)

(READ SECTION 1139 OF THE ZONING CODE BEF ORE COMPLETING APPLICATION)

An application for

an

amendment

to

the City

of

Troy, Ohio Zoning Code that would change the zoning classification f

the property located at

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being lot number(s) [ _,

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( Parcel Identification Number)

OWNER

Name

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Address \

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City

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State _

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Zip Code _

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Phone No.

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(Street Address)

O -- C

from

M= -

_

to

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(Existing Zoning Classification)

(Proposed Zoning Class ification

APPLICANT

Name

J

C/C.Y J Vl:

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Address

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City

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State

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Zip Code

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Fax No.

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No.

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Email C-hAZ. j@

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L . . r r . ~ Email - - r - - t - - - ~ . . , - - ~ ~ - L - - ' - - - - ' > - -

The applicant

is

the

AS51 S T trY 4-r / t fE 0 . , ~ N

C L of the property, which

is

subject to this applicat

(State the interest 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 cle

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) fe

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 rad

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


8/16

I HEREBY DEPOSE AND SAY THAT THE ABOVE STATEMENTS AND THE ST TEMENTS CONTAINED IN

THE EXHIBITS PREPARED BY

ME

AND TRANSMITTED HEREWITH ARE TRUE.

I

(Month/Date/Year)

BETH SHAFFER, Notary Pubm:

- - - - . . . : ; : . . _ ~ ~ . . . . . b ; c . _ _ . - < ~ ; . . - q : . . -

In and For the State of Ohio (Notary Pu

My Co

mm

iss

ion

Expe N

gv

1 20

(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

Additional Documentation (List):

PLANNING COMMISS ION DISPOSITION:

PUBLIC HEARING DATE

-

RECOMMENDATION TO CITY COUNCIL

CITY COUN CIL DISP

OS

ITION:

1st Reading:

2

nd:

3

rd:

PUBLIC HEARING DATE

COUNCIL COMMITTEE RECOMMENDATION

A p ~ r o v e d

Denied: CITY COUNCIL ACTION

Ordinance Number:

Effective Date:

Revised 10/25/11

Page 2 of 2


9/16

OESCRIPTION APPROVED

MIAMI COUNTY ENGINEER

BY

'Dv

DATEt:.lf Zoltf

1 IIIIIIIIJIIIIIIIIIIIIII 11111

8 0 0 2 0 0 7

Tx:4001183

MJ:AMJ:

COUNTY RECORDER

. JESSICA

A

LOPEZ

2 0 1 4 0 R - 0 6 2 7 1

PR ESEN TED FO R

RECORD

M I A M I C Q U N T Y T R O ~ O H I O

0 6 / 1 1 / 2 0 1 4

1 : 3 2 : 5 6

PM

REFERENCES 0

RECORDING FEE 2 8 . 0 0

PAGES :

GENERAL

WARRANT JTDEED

Denver

Campbell and Susan

Campbell, husband

and wife, for valuable

consideration paid, grants with general

warranty covenants, to

Charles G Griesemer,

whose tax-mailing

address

is 1200 S. Crawford St.,

Troy,

Ohio 45373, the

following

R E A L

PR O PER TY :

Situate

in the

State

of Ohio,

County

of Miami and City of T roy to-wit:

Being

ln lot

Number Tw o Thousand One Hundred

Severity-six (2176)

as shown

on the recorded Plat of

said

City.

Subject to all

easements

and restrictions of record.

Parcel No.:

DOS-022170

Grantee

herein assumes and agrees to

pay

all

taxes

and

assessments due

and

payable

in

July,

2014

and

thereafter .

Prior

instrument

reference: Volume 753, Page 876 ofthe

Deed Records of Miami

County, Ohio.

Executed this JO h day

o f

June, 2014.

S T T E O F OHIO

COUNTY

O F

M I M I SS:

B E

IT

R E M E M B ~ R E D that on

this

lOth

day o f June, 2014,

before me, the

subscriber,

a Notary Public in and

for

said state, personally came, Denver Campbell and

Susan Campbell, husband

and

wife, the

grantors

in

the foregoing

deed,

and acknowledged

the signing thereof to be their voluntary act and deed.

IN TESTIMONY

T H E R E O F

I

have hereunto

subscribed m y name

and affixed

my

n o t a r { ~ ~ . e a l

on

the

day

and

? ear

last

aforesaid.

PM' 'IELA BOCHENEK, Notary u ~

In

and

for the

State

o f ~ ~ = = =

l \ \

M y C o m m i s s i o n E x p i ~ e s ~ - - . - - ~ ~

} Recorded

in

Champaign County Notary Public

THIS INSTRUMENT PREPARED BY:

Robert M. Harrelson,

Attorney

at

Law,

12

S. Cherry

Street,

Troy,

O H

45373

County of

Miami, OH Doc : 20140R-06271 Page 1

of

1


10/16

August 20 2014

City

o

Troy

Planning and Zoning Department

100 S Market Street

Troy Ohio 45373

Reason for zoning reclassification: Continued use as a single

family residence. The property has a long history o use as a

residence.

Charles Griesemer Owner


11/16

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october 27 committee packet.pdf

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