troy, oh - city council meeting 5/2/2016 (part iv)

8/17/2019 Troy, OH - City Council Meeting 5/2/2016 (Part IV)

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MEMORANDUM

TO:

FROM:

DATE:

SUBJECT

Mrs . Baker, President, Troy City Council

Sue Knight, for the Troy Planning Commission

April 24, 2016

REPORT OF THE PLANNING COMMISSION ON THE REZONING OF IL 8661, PARCEL ID NO . D08-103276 FROM M-2 LIGHT INDUSTRIAL DISTRICT, TO OR-1, OFFICE RESIDENTIAL DISTRICT. THISPARCEL HAS FRONTAGE ON BOTH 532 GRANT STREET AND 619 LINCOLN AVENUE

On April 13, 2016, the Troy Planning Commission considered the rezoning of lnlot 8661, Parcel D08-103276, fromM-2, Light Industrial District, to OR-1, Office Residential District. This parcel is a through lot, having frontage onboth 532 Grant Street and 619 Lincoln Avenue. The owner is Trolyre, LLC. The applicant is 619 Lincoln, LLC JessicaMinesinger). The property consists of .772 acres .

The applicant has cited the reason for the proposed rezoning is to redevelop the current industrial property toupscale residential lofts. We believe there is a market for this type of housing as well as a significant need torepurpose older industrial buildings in keeping with the residential areas in which they exist. Currently, thebuilding is vacant but was previously the home of Pro2 Resp irato ry Services

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 8661, Parcel D08-103276, be rezoned from M-2, Light Industrial District, to OR-1, Office Residential District, based on the findings ofstaff that:

o The area has similar buffer zoning to the south of the proposed zoning classification; ando The proposed rezoning is consistent with the intent and purposes of the City of Troy Zoning Code; ando The rezoning would create a more effective buffer to the residential zones adjacent to this location .

Attached is a copy of the information reviewed by the Commission. This request is forwarded herewith to Councilfor

The Public Hearing before Council has been set for the May 16 meeting of Council.

encl.


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TO:FROM:DATE :SUBJECT :OWNER:

Troy Planning CommissionPlann in StaffApril 13, 2016Rezoning: 532 Gra t St.Trolyre LLC

APPLICANT: 619 Lincoln LLC - Jessica M inesinger

BACKGROUND:

Jessica Minesinger, proposed buyer and applicant agent for 619 Lincoln , LLC, hasapplied for Planning Commission to consider the rezoning 532 Grant Street (Parcel D08-103276, Inlot 8661). Currently, the property is zoned M-2, Light Industrial District, andthe applicant requests that the zoning of the parcel be rezoned to OR-1, OfficeResidential District.

The property consists of .772 acres on a through lot with Grant Street located on the eastside and Lincoln A venue located on the west side. The surrounding zoning districtsinclude R-5 Single-Family Residential, M-2 Light Industrial Districts, and two (2) lotssouth is zoned OC 1 Office-Commercial District. A map depicting the surroundingzoning districts has been attached to this report

DI SCUSS ION:

The applicant has cited the reason for the proposed rezoning is to redevelop the currentindustrial property to upscale residential lofts. We believe there is a market for this typeof housing as well as a significant need to repurpose older industrial buildings in keepingwith the residential areas in which they exist . Currently, the building is vacant but was

previously the home of Pro2 Respiratory Services

This area of the city is dominated y a mix of residential districts abutting industrialdistricts. The mix of these uses stem from the distant past when industrial zoningdistricts were established along the railroads because they were the prime source oftransportation of goods and services . As the railroads were being reduced in services , theindustrial zoning districts of this area remained. t is the intention of the zoning code toeliminate incompatible land uses y providing a buffer district between them .

The Zoning Code describes the OR-1 Office-Residential district as designed toaccommodate a mixture of residential and office uses .. . Residential and office uses may

e mixed in the same building or structure. A variety of personal service uses which arecompatible with the other uses of the OR-1 Office -Residence District are permitted.This district is mapped along major thoroughfares , near hospitals and as a transitionalarea between commercial and residential uses.

The OR-1 district limits commercial uses that are envisioned to prevent disruption to thesurrounding existing residential neighborhoods and the rezoning will protect thesurrounding residences from the more intensive uses that are currently allowed in the M-


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

t is st ffs opinion that adjoining properties will benefit from the positive impact of theproposed rezoning. The proposed OR 1 district permits the greatest flexibility to the

reuse of the property while complementing the existing commercial uses and protectingthe surrounding residential zoning districts.

The Comprehensive Plan's Future Land Use (Figure 14-4) shows the surrounding area tobe predominately residential with light industrial districts mainly to the south. TheComprehensive Plan also depicts the goal of the reuse of vacant or underutilizedcommercial and industrial structures in the core of the city.

In reviewing a rezoning proposal Section 1139.07 outlines the criteria on which tobase decisions:

AJWhether the change in classification would be consistent with the intent and purposeo his Zoning Code.

The proposed rezoning is consistent with the Zoning Code, specifically with sections1131.02( 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 andmutually supportive land uses .

r l 13 l.02(r) To direct particular land uses to the parcels of land best suited forthem ...

The rezoning is consistent with the above listed intentions of the Zoning Code.

BJ Whether the proposed amendment is made necessary because o changed orchanging conditions in the area affected and, i f so, the nature o such changed orchanging conditions .

The application was not submitted based upon any changing conditions in the area.

CJ Whether the uses that would be permitted on the property i f t were reclassified wouldbe 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 proposedrezonmg area.

DJ Whether adequate utility sewer and water facilities and all other needed publicservices exist or can be provided to serve the uses that would be permitted on a propertyi f t were reclassified.


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All utilities are provided.

E) The amount of vacant land that currently has the same zoning classification as isproposed for the subject property particularly in the vicinity of he subject property andany special circumstances in any that make a substantial p rt o f such vacant land

unavailable for development.

There is no vacant land in the vicinity o this proposed rezoning with OR-1 zoning.

F) Whether the proposed amendment would correct an error in the application o f thisZoning Code as applied to the subject property.

Not applicable in this request.

PUBLIC HEARING

Due to the straight forward natureo

the rezoning request and the fact that City Council isrequired t hold a public hearing i the request proceeds on, staff does not feel that apublic hearing before the Planning Commission is warranted.

RECOMMENDATION

Staff is recommending that the Planning Commission recommend approval o therezoning from M-2, Light Industrial District t OR-I, Office Residential District, basedon the following:

o The area has similar buffer zomng t the south o the proposed zoningclassification; and

o The proposed rezoning is consistent with the intent and purposes o the City oTroy Zoning Code; and

o The rezoning would create a more effective buffer to the residential zonesadjacent to this location.


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OR-1 Principal Permitted Uses

• Accountant s office.

• Adult FamilyHome.

• Adult Group Home.

• Architect s office.

• Art galleries and museums.

• Artist. sculptor and composer studios.

• Attorney s office .

• Automobile parking garages.

Automobile parlcing Jots.

• Baaks and financial institutions.

• Barber and beauty shops.

Bed and Breakfast.

• Day-care centers.

• Churohes, chapels, temples, synagogues.

Engin eer s office.

• Family Home.

Florists.

• Foster Family Home.

Gift shops.

Government buildings, structures, or premises used exclusivelybefederal, state. county , township, or municipalgovernments for public

Group Home.

Hal Way House.

• Health studios and clubs.

• Insuranceagent s office.

• lntennediate Care Home.

Libraries.

Medical and dental laboratories .

• Medical and dental office/clinic.

Mortuaries and funeral parlors.

• Multiple-family dwelling.

• Newsstand-retailsales.

• Nursing homes.

• Photo studios.

Professional Offices not otherwise m entioned.

Public parks, playgrounds and community centers.

Public utility.

• Real estate broker s office .

Residential use on second story or above.

• Rooming houses

• Schools -primary , intennediale and secondary - public or private .

• Seamstress and tailor .

Single family dwellings.

• Social Care Home

• Twe>-farnily dwellings.

M-2 Principal Permitted l J e s

• Agricultural implement sales and service .

• Agricultural uses.

• Auction sales.

• Automobile fuel dispensing station.

• Automobile parlcing garages.

• Automobile parking lots.

• Automobile repair garages - including body work

• Bakeries - wholesale sales.

• Beverag e distributors and bottling plants.

• Printing, publishing, binding and typesettingplants.

• Private clubs.

• Public utility.

Railroad stations , depots, train yards,classification v rds end team tracks.

• Research and engineering laboratories .

• Sates offices and service centers.

• Sawing and planning mills.

• Sexually oriented business .

• Sign painting and manufacture .

• Bone, canvas , cellophaoe, clay, cloth, cork, feathers, fe lt -manufacturin.R. assembling., compounding, or treatment (or anv • Stone products p rocessing and manufacturing.

• Building material sales and storage faci lities .

• 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 humao).

• Dail) and food product processing and packaging .

• Driver training schools (trucks).

• Dry cleaning - commercial.

• Electrical and electronic products, components and equipment -manufacturin.R. assembling or repair.

• Equipment rental selVices, including cars, trucks and trailers.

• Exterminating services.

• Fiber, fur , glass, hai r, horn, leather, paper, plastics, rubber, precious ors e m i ~ p r e i o u sstone or metal. sheet metal shell textiles, tobacco, wax

• Food broker s- retail, wholesale and storage without processing.

• Frozen food locker.;.

• Garden stores.

• Government buildings, structures . or premises used exclusively befederal, state. countv. towns hip, or munic ipal Rovemments for public• Government buildings, structures , or premises used exclusively byfedera l state, countv. township or municipal governments for public

• Heating, NC electric and plumbing sales, service and repair.

• Liquid fuel, petroleum products, petrol eum , and volatile oils - bulkstorap;e stations in accordance w ith Section l 143.18(g) hereof.

• Machin e shops , tool and


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OR·l Offic:e-Commerdal District us s ot permitted Inthe M·2 Zonins District

• Adult Family Home.

AdultClroup Home.

• Atchi1cct's office.

Art saJ cries and museums.

• Artist, sculptor and composerstudios.

• Attorney's office.

• Banks and financial institutions.

• - and beauty shops.

• BedandBrealdiist.

• Day.-carecenters.

Engineer' • office.

• Family Homo.

• Florists.

• Foster FamilyHDmc

• Gift shops.

GoYi:mmeat buildings, stxuctur-filmilydwelJins.

Newsstand-retail sales.

• Nursing homes.

• Pboro studios.

• Profi:ssional Offices DO( otherwisementioocd.

• Public parks, playground and COOIDlllilityceotm.

' Publicutility.

• Real cstBte broker's o.flkc.

• Residential U5e on second story or above.

• Schools - primary, intenncdiate and se


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Engineering

100 S Market St.P. 0 Box 3003Troy, OH 45373

937-339-2641937-339-9341

619 Lincoln LLC7 S Plum StTroy OH 45373

.

CITY OF TROY, OHIO

www.troyohio.gov

.. . .P/Z Rezoning 532 Grant St, from Industrial to OR-1

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.Receipt

4/6/2016 8507

-• i • 11tj 'l U I • • •

I ·

5329 Check

I l -. . i • t • l • I150.00 150.00

Total $150.00


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EXHIBIT

Reason for seeking a change n zoning classification or zoning text

We wish to redevelop the current industrial property to upscale residential lofts. e believethere is a market for this type o f housing as well a s a significant need to repurpose olderindustrial buildings in keeping with the residential areas in which they exist.


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EXHIBITB

619 Lincoln/532 Grant Troy O

Situate n the City of Troy, County of Miami, n the state of Ohio and eing lot numbered eightthousand six hundred sixty-one 8661) in the said City of Troy, Miami County, Ohio


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4f112 16 City of Troy Z o n i ~Map

ity of Troy Zoning Map and Parce l Da t a Esri Wo rld Geocode r

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REZONING APPLICATION, 532 GRANT STREET I 619 LINCOLN AVENUE. FROM M-2.

INDUSTRIAL DISTRICT. TO OR -1. OFFICE RESIDENTIAL DISTRICT, IL 8661. PARCEL ID NO. D08 -1

OWNER IS TROLYRE. LLC. THE APPLICANT IS 619 LINCOLN. LLC (JESSICA MINESINGERl.

reported: Jessica Minesinger is the proposed buyer and applicant agent for 619 Lincoln, LLC.; property consi

.772 acres on a through lot with Grant Street located on the east side and Lincoln Avenue located on the w

side; surrounding zoning districts include R-5 Single-Family Residential, M-2 Light Industrial Districts, and

lots south is zoned OC-1 Office-Commercial District; applicant has cited the reason for the proposed rezoni

to redevelop the current Industrial property to upscale residential lofts . We believe there is a market

type of housing as well as a significant need to re purpose older industrial buildings in keeping with the reside

areas in which they exist. ; building is vacant but was previously the home of Pro Respi rator y Services;

staffs opinion that adjoining properties will benefit from the positive impact of the proposed rezoning;

proposed OR-1 district permits the greatest flexibility to the reuse of the property while complementing

existing commercial uses and protecting the surrounding residential zoning districts; the criteria on which

decisions:

A) Whether the change in classification woul d e consistent with the intent and 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 intpurpose of tke Zoning Code. Theses sections are llsted below:

> 1131.02(e) To separate incompatible land uses and to cluster compatible and mutually support ive land uses .)o 1131.02(r) To direct particular land uses to the parcels of and best suited for them._

The rezoning is consistent wtth the above listed Intentions of the Zoning Code.

BJ Whether the proposed amendment is made necessary because of changed or changing conditions in the area affected and, if so thesuch changed or changing cond itions.

The application was not submitted based upon any changing conditions in the area.

CJ Whether the uses that would be permitted on the property if t were reclassified would be compatible with the uses permitted on othein the immediate vicinity.

The use is compatible with the existing parcels of and located around the proposed rezoning area.

D) Whether adequate utility, sewer, and water facilities, and all other needed public services exist or con be provided to serve the uses t

be permitted on a property If it were reclassified.

All utilities are provided .

E) The amount of vacant fond that currently has the same zoning classification as is proposed for the subjecr property, particularly in thethe subject property and any special circumstances, in any, that make a substantial part of uch vacant land unavailable for devefopment

There is no vacant land In the vicinity of this propo sed rezoning with OR-1 zoning .

F} Whether the proposed amendment wouldcorrect on error in the application of his Zoning Code os applied to the subject property.

Not applicable in this request.

Staff did not recommend the Commission hold a Public Hearing , and recommended approval of the

rezoning application based on the findings of:

o The area has similar buffer zoning to the south of the proposed zoning classification; and

o The proposed rezoning is cons istent with the intent and purposes of the City of Troy Zoning Code; and

o The rezoning would create a more effective buffer to the res idential zones adjacent to this location.

Mrs. Minesinger was present. She stated that the adjacent parking lot is not part of the land she wishespurchase and is not part of the application, and she stated that the purchase of the property is contingent

approval of the rezoning. it was noted that signed permission of the property owner was not part of the subm

PUBLIC HEARING: A motion was made by Mr. Wolke, seconded by Mr. Titterington, tha

Commission not hold a public hearing on the rezoning application for 619 Lincoln/532 Grant Street.

MOTION PASSED. UNANIMOUS VOTE

REZONING: A motion was made by Mayor Beamish, seconded by Mrs . Mahan that the Troy Pl

Commission recommends lo Troy City Council that 532 Street/ 619 Lincoln Avenue (IL 8661, Parcel ID N

103276) be rezoned from M-2, Light Industrial District, to OR-1, Office Residential District, subject to the

permission of the property owner , and based on the findings of staff that:

o The area has similar buffer zoning to the south of the proposed zoning classification; ando The proposed rezoning is consistent with the intent and purposes of the City of Troy Zoning Code; ando The rezoning would create a more effective buffer to the residential zones adjacent to this location.

troy, oh - city council meeting 5/2/2016 (part iv)

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