City Plan Board

City of Dayton City Plan Board Minute Record Overview December 12, 2023 4:30 P.M. Planning Resource Conference Room, City Hall 101 W. Third Street, Dayton, Ohio Members Present: Ms. Leslie Lovelace, Ms. Rosie Miller, Mr. Matt Sauer, Ms. Ann Schenking, Mr. Greg Scott Mr. Scott called the meeting to order at 4:31 P.M. A motion was made by Mr. Sauer, seconded by Ms. Miller, and carried to excuse the absences of Mr. Allen and Ms. Pegues. A motion was made by Ms. Schenking, seconded by Ms. Lovelace, and carried to approve the minutes of the November 14, 2023, meeting. Ms. Hanauer introduced new Plan Board member, Ms. Leslie Lovelace. Ms. Lovelace lives in Madden Hills and works for the Montgomery County Common Pleas Court. 1. PLN2023-00388 – Subdivision Record Plan Located at 3239 W. Siebenthaler Ave. Applicant: Van Atta Engineering 570 Congress Park Dr Dayton, Ohio 45459 Priority Land Use Board: North Central Planning District: Philadelphia Woods Decision: Approved with Conditions 2. PLN2023-00415 – Subdivision Record Plan Located at 131 Fairground Ave. Applicant: EAM GeoData Solutions 40 Pulaski St. Dayton, OH 45402 Priority Land Use Board: Downtown Planning District: University Park Decision: Approved with Conditions 3. PLN2023-00414 – Subdivision Record Plan Located at 505 S. Jefferson St. Applicant: Woodard Development PO Box 3836 Dayton, OH 45401 Priority Land Use Board: Downtown Planning District: Oregon Decision: Approved with Conditions 4. PLN2023-00407 – Subdivision Record Plan Located at Valleycrest Drive Applicant: City of Dayton 101 W. Third St. Dayton, OH 45402 Priority Land Use Board: Northeast Planning District: Old North Dayton Decision: Approved with Conditions 5. PLN2023-00413 – Subdivision Record Plan Located at 1515 Nicholas Rd. Applicant: Pfumai Kuzviwanza 1515 Nicholas Rd. Dayton, OH 45418 Priority Land Use Board: West Planning District: Edgemont Decision: Approved with Conditions City Plan Board Minute Record Summary Page 2 December 12, 2023 6. PLN2023-00381 – Zoning Map Amendment Located at Miami Chapel Applicant: City of Dayton 101 W. Third St. Dayton, OH 45402 Priority Land Use Board: West Planning District: Miami Chapel Decision: Approved 7. PLN2023-00408 – Zoning Map Amendment Located at 1404 Webster St. Applicant: Anthony Brown 3008 Sudbury Dr. Kettering, OH 45420 Priority Land Use Board: Northeast Planning District: McCook Field Decision: NA, case pushed to January 9, 2024 8. PLN2023-00411 – Major Site Design Review Located at 1301 Genesis Way Applicant: ATA/Bilharz Architects 1063 Central Ave. Cincinnati, OH 45202 Priority Land Use Board: West Planning District: Little Richmond Decision: Approved with a Variance for the Setback 9. PLN2023-00412 – Planned Development Located at 1301 N. Keowee St. Applicant: Gavin Rivera 7965 N. High St. Columbus, OH 43235 Priority Land Use Board: Northeast Planning District: McCook Field Decision: Approved with Modifications Mr. Scott thanked the City for allowing the board to attend the Miami Valley Planning & Zoning Workshop on December 1, noting that the keynote speaker, APA President Angela Brooks, had provided a new perspective to him on accessory dwelling units and parking. The Plan Board meeting was adjourned by Mr. Scott at 5:43 P.M. Minutes approved by the City Plan Board on January 9, 2024. Jennifer Hanauer, Secretary City Plan Board  City of Dayton City Plan Board Summary Minute Record December 12, 2023 1. PLN2023-00388 – A record plan to subdivide one (1) City lot (parcel ID R72 16308 0022, Northwest Plaza) into two (2) City lots. Applicant: Van Atta Engineering, Michael Anderson, PE Priority Land Use Board: North Central Planning District: Philadelphia Woods Decision: Approved with conditions Staff Comments Jen Hanauer presented the case. This is a record plan to subdivide one (1) City lot (parcel ID R72 16308 0022, Northwest Plaza) into two (2) City lots. The lots meet the requirements of the SGC Suburban General Commercial district. The new parcel will consist of the existing parking area adjacent to Wright- Patt Credit Union. The owner, Northwest Center Holdings, LLC, will retain the drive on the west end of the larger parcel where there is existing curb and gutter. The City of Dayton’s Department of Water indicated the need for easements where there are existing water utilities. No improvements are planned. Public Comments None. Board Discussion None. Board Action A motion was made by Ms. Schenking, seconded by Mr. Sauer, and carried to approve Case PLN2023- 00388 subject to the following conditions: 1. Revise the Record Plan and any Construction Drawings per the City of Dayton Subdivision Regulations and comments from the Division of Civil Engineering. 2. Ensure that the dimensions are close to within a 1:10,000 ratio. 3. Add any easements required by AES, City of Dayton Water, etc. 4. Add pin at all corner to new lot lines. 5. Add red outline for new lot line. 6. Correct any pdf comments by the City of Dayton’s Civil Engineering reviewer. 7. Establish a water utility easement for the 8” water main located on the north, east, and west sides of the site. 8. Establish a water utility easement for the 8” sanitary sewer located on the north and south sides of the site. The easement shall be 20-feet wide with the pipe centered on the easement. Mr. William Allen Excused Mr. Matt Sauer Yes Ms. Leslie Lovelace Yes Ms. Ann Schenking Yes Ms. Rosalyn Miller Yes Mr. Greg Scott Yes Ms. Geraldine Pegues Excused Minutes approved by the City Plan Board on January 9, 2024. Jen Hanauer, Secretary City Plan Board  City of Dayton City Plan Board Summary Minute Record December 12, 2023 2. PLN2023-00415 – A record plan to consolidate two (2) City lots into one (1) City lot at 131 Fairground Ave. Applicant: EAM GeoData Solutions Priority Land Use Board: Downtown Planning District: University Park Decision: Approved with conditions Staff Comments Jen Hanauer presented the case. This is a record plan to consolidate two (2) City lots into one (1) City lot at 131 Fairground Ave. The lot meets the minimum requirements of the MR-5 Mature Single-family zoning district. Public Comments None. Board Discussion None. Board Action A motion was made by Mr. Sauer, seconded by Ms. Lovelace, and carried to approve Case PLN2023- 00415 subject to the following conditions: 1. Revise the Record Plan and any Construction Drawings per the City of Dayton Subdivision Regulations and comments from the Division of Civil Engineering. 2. Ensure that the dimensions are close to within a 1:10,000 ratio. 3. Add any easements required by AT&T. Mr. William Allen Excused Mr. Matt Sauer Yes Ms. Leslie Lovelace Yes Ms. Ann Schenking Yes Ms. Rosalyn Miller Yes Mr. Greg Scott Yes Ms. Geraldine Pegues Excused Minutes approved by the City Plan Board on January 9, 2024. Jen Hanauer, Secretary City Plan Board  City of Dayton City Plan Board Summary Minute Record December 12, 2023 3. PLN2023-00414 – A record plan to consolidate nine (9) City lots into one (1) City lot at 505 S. Jefferson St. Applicant: Woodard Development, Brad Doudican Priority Land Use Board: Downtown Planning District: Oregon Decision: Approved with conditions Staff Comments Jen Hanauer presented the case. This is a record plan to consolidate nine (9) City lots into one (1) City lot at 505 S. Jefferson St. The lot meets the minimum requirements of the UBD Urban Business District zoning. The owners intend to restore the existing building, which had previously been UBS, and for it to become the Woodard Development corporate offices. Ms. Hanauer indicated that the small parcel that abuts the subject property and fronts on South Patterson Boulevard is currently owned by the State of Ohio but will eventually come under the ownership of Woodard Development. Public Comments None. Board Discussion Ms. Schenking stated that she likes that Woodard Development will be located their headquarters in Dayton. Board Action A motion was made by Ms. Miller, seconded by Ms. Lovelace, and carried to approve Case PLN2023- 00414 subject to the following conditions: 1. Revise the Record Plan and any Construction Drawings per the City of Dayton Subdivision Regulations and comments from the Division of Civil Engineering. 2. Ensure that the dimensions are close to within a 1:10,000 ratio. 3. Add any easements required by AT&T. 4. Dedicate right-of-way up to the building face on Patterson Boulevard. 5. Correct any pdf comments by the City of Dayton’s Civil Engineering reviewer. Mr. William Allen Excused Mr. Matt Sauer Yes Ms. Leslie Lovelace Yes Ms. Ann Schenking Yes Ms. Rosalyn Miller Yes Mr. Greg Scott Yes Ms. Geraldine Pegues Excused Minutes approved by the City Plan Board on January 9, 2024. Jen Hanauer, Secretary City Plan Board  City of Dayton City Plan Board Summary Minute Record December 12, 2023 4. PLN2023-00407 – A dedication of public right-of-way for Valleycrest Drive Applicant: MS Consultants Inc Priority Land Use Board: Northeast Planning District: Old North Dayton Decision: Approved with conditions Staff Comments Jeff Green presented the case. This is a request A dedication of public right-of-way for Valleycrest Drive to extend to Brandt Pike. This request follows the vacation of a portion of Valleycrest Drive that went through the Valleycrest Superfund Site. The purpose of this request is to ensure public access to the homes found just North of the Valleycrest Superfund Site. Mr. Green noted that the water department is requesting an easement along the boundaries of the proposed public ROW and that no other comments to establish an easement were received. Public Comments None. Board Discussion None. Board Action A motion was made by Mr. Sauer, seconded by Ms. Schenking, and carried to approve Case PLN2023- 00407 subject to the following conditions: 1. A water utility easement needs to be established for the 6” water main located on the south side of the proposed dedicated area as shown on the attached GIS map. The easement boundaries shall be the width of the public ROW. Mr. William Allen Excused Mr. Matt Sauer Yes Ms. Leslie Lovelace Yes Ms. Ann Schenking Yes Ms. Rosalyn Miller Yes Mr. Greg Scott Yes Ms. Geraldine Pegues Excused Minutes approved by the City Plan Board on January 9, 2024. Jen Hanauer, Secretary City Plan Board  City of Dayton City Plan Board Summary Minute Record December 12, 2023 5. PLN2023-00413 – Record Plan – 1515 Nicholas Rd Applicant: Pfumai Kuzviwanza/ DuPont Electronic Polymers, LP Priority Land Use Board: West Planning District: Edgemont Decision: Approved with conditions Staff Comments Ellen Sizer presented the staff report and recommended conditions. DuPont Electronic Polymers, LP requests to consolidate the five (5) City lots into one (1) City lot. Public Comments None. Board Discussion None. Board Action A motion was made by Ms. Schenking seconded by Mr. Sauer and carried to approve Case PLN2023- 00413 with the following conditions: 1. Revise the Record Plan and any Construction Drawings per the City of Dayton Subdivision Regulations and comments from the Division of Civil Engineering. 2. Ensure that the dimensions are close to within a 1:10,000 ratio. 3. Add any easements required by AES, City of Dayton Water, etc. 4. According to the Schedule of Thoroughfares, Nicholas Road should be 35 feet from the new lot line to centerline of roadway. Right-of-way needs to be dedicated. Mr. William Allen Excused Mr. Matt Sauer Yes Ms. Leslie Lovelace Yes Ms. Ann Schenking Yes Ms. Rosalyn Miller Yes Mr. Greg Scott Yes Ms. Geraldine Pegues Excused Minutes approved by the City Plan Board on January 9, 2024. Jennifer Hanauer, Secretary City Plan Board  City of Dayton Page 1 City Plan Board Summary Minute Record December 12, 2023 6. PLN2023-00381 – An Area-Wide Zoning Map Amendment request by the City of Dayton to rezone two underutilized, vacant, and largely industrial sites located in the Edgemont neighborhood. Applicant: City of Dayton c/o Todd Kinskey Priority Land Use Board: West Planning District(s): Edgemont/Miami Chapel Decision: Approved Staff Comments Ellen Sizer presented the request for input on the proposed zoning map amendment for two underutilized, vacant, and largely industrial sites located in the Edgemont and Miami Chapel neighborhoods, as outlined on the attached site plan. The proposed rezoning request encompasses the parcels along S. James H. McGee Blvd. & Germantown St., referred to as “Western parcels”, and the several parcels along S. Paul Lawrence Dunbar St to the east of the Western parcels, referred to as “Eastern parcels” The 4.3 acres of Western parcels located on James H. McGee Blvd & Germantown St are being proposed to change from Light Industrial zoning district to Transitional (T) and Eclectic Neighborhood Commercial (ENC) zoning district. Note: Only one parcel of the Western parcels is being proposed to change to Eclectic Neighborhood Commercial (ENC) zoning district (see attached map). Secondly, the 5.9 acres of Eastern parcels are being proposed to change from General Industrial (I-2) zoning district to Transitional (T) zoning district. The purpose of this work session is to introduce the Plan Board to a proposed Zoning Map Amendment and rezone the subject properties. To proceed, Plan Board must give permission to be the applicant on the application. This area of the West side of Dayton is currently being underutilized and the Industrial zoning designations no longer serve the vision for the corridor and area. On the western parcels, there is an unused rail, various states of vacancy and the industrial uses no longer remain, including the former Nibco Foundry site on McCall. On the eastern parcels, there is some outdoor storage, a large area of trees and a set of attached buildings. The proposed rezoning would help bring these properties into greater compliance with Dayton’s Comprehensive Plan, West Dayton Neighborhood Vision Plan, and the Greater Miami Chapel Plan, particularly along the Germantown Corridor. To this end, surrounding land uses include many residential homes and neighborhoods. Counter to the spirit and intent of the Zoning Code, these residents lack the necessary and accessible services to have a thriving and vibrant community due to the lack of reinvestment. The proposed zoning map amendment change would connect the disjointed neighborhoods more seamlessly and will enhance the already established business within the westside in general. Public Comments Mr. Robert Elifritz, owner of the property at 1611 McCall St., said that he purchased his property for industrial use and was not notified when the properties were rezoned in 2006. Mr. Elifritz does not wish to have his property rezoned and so it was removed from the area-wide rezoning.  Case PLN2023-00381; Area-Wide Rezoning December 12, 2023 Board Discussion Ms. Schenking said that the rezoning makes sense and that industrial zoning can allow a lot of inappropriate uses next to residential. Ms. Schenking also said that the land has sat fallow for a long time, and it is appropriate to re-examine it and see if a different zoning would be more appropriate, which this case has done. Board Action A motion was made by Ms. Schenking, seconded by Ms. Miller, and carried to recommend to the City Commission that Case PLN2023-00381 be approved. Mr. William Allen Excused Mr. Matt Sauer Yes Ms. Leslie Lovelace Yes Ms. Ann Schenking Yes Ms. Rosalyn Miller Yes Mr. Greg Scott Yes Ms. Geraldine Pegues Excused Minutes approved by the City Plan Board on January 9, 2024. Jen Hanauer, Secretary City Plan Board  City of Dayton City Plan Board Summary Minute Record December 12, 2023 7. PLN2023-00408 – A Zoning Map Amendment to rezone approximately 0.569 acres located at 1404 Webster St. from Open Space (OS) to Eclectic General Commercial (EGC). Applicant: Anthony Brown, Safety-Net Therapeutics Priority Land Use Board: Northeast Planning District: McCook Field Decision: NA, case pushed to January 9, 2024 Minutes approved by the City Plan Board on January 9, 2024. Jen Hanauer, Secretary City Plan Board  City of Dayton Page 1 City Plan Board Summary Minute Record December 12, 2023 8. PLN2023-00411 – Hoover Flats; A Major Site Design review for a 10-unit multi-family building within the Eclectic Multifamily Zoning District with a Planned Development (PD-135) overlay. Applicant: ATA/Bilharz Architects 1063 Central Ave Cincinnati, OH 45202 Priority Land Use Board: West Planning District/Historic District: Little Richmond Decision: Approved with a variance for the 3’ rear setback Staff Comments Elizabeth Dakin presented the case. The request is for a Major Site Plan review for the residential development of Hoover Flats as part of the planned development, as regulated by PD-135(amendment to PD-091). The proposal is a total of ten (10) attached apartment units. All ten (10) of the units will meet ADA standards to accommodate individuals with disabilities. Board Discussion Ms. Schenking asked the applicant if they would be ok with the condition to connect the sidewalk to the south of the proposed apartments to create a loop. The applicant responded that while they have nothing against adding sidewalks, they are LITEC funded, and the budget is already significantly overrun. They further stated that walkability is a priority and that they have an RTA bus stop to the north where they show a sidewalk connecting. Mr. Sauer stated that this sidewalk connection to the south would not be critical, and Ms. Lovelace agreed. Ms. Schenking noted that if the sidewalk were put in, people would use it. Board Action A motion was made by Mr. Sauer and seconded by Ms. Lovelace to approve Case PLN2023-00411 as submitted. Mr. William Allen Excused Mr. Matt Sauer Yes Ms. Leslie Lovelace Yes Ms. Ann Schenking No Ms. Rosalyn Miller Yes Mr. Greg Scott No Ms. Geraldine Pegues Excused Minutes approved by the City Plan Board on January 9, 2024. Jen Hanauer, Secretary City Plan Board  City of Dayton City Plan Board Summary Minute Record December 12, 2023 9. PLN2023-00412 – Establish a PD for 1233 and 1301 N Keowee Street Applicant: Kimley-Horn c/o Gavin Rivera Priority Land Use Board: Northeast Planning District: McCook Field Decision: Approved with modifications Staff Comments Jeff Green presented the request which is to establish a Planned Development on 5.28 acres for the property located at 1233 and 1301 N Keowee Street. The applicant is proposing to utilize the property for self-storage and commercial development. Mr. Green went over the request, locational maps, and plans associated with this request. He further stated that the request is to establish the Planned Development overlay only and a separate approval would need the Plan Board’s approval for the final plans. Mr. Green specified that the proposal would primarily allow for a self-storage facility to be constructed at 1301 N Keowee Street, of which the building would be permitted to be taller than what code allows, while 1233 N Keowee Street would prohibit indoor self- storage, and other vehicle/industrial uses, that would not compliment Kettering Fields. Mr. Green noted that the current underlying zoning district allows indoor self-storage by right, so the request would place greater development controls on the site that better fits in with the plans for the surrounding area. For public comment, Mr. Green noted that the Northeast Priority Land Use Board met on December 11th, 2023, and unanimously recommended approval of the request. He noted the public comments that were received for this case by the city which were supportive of the request. Mr. Green went over the standards for approval and noted staff believes they could be met. He stated that staff would recommend the proposal be approved as submitted and noted the recommendation was based on the proposal’s ability to meet the necessary standards for approval and compliance with the Northeast UDA plan. The board asked if expanding the use prohibition, but leaving self-storage, would be viable for the phase 1 site. Mr. Green noted the applicant should be the one to answer that questions as it is their application. Public Comments Gavin Rivera, 7965 N High St. Columbus, OH 43235- identified herself as the applicant and is with Kimley-Horn and is available to answer any questions the board has. The board asked if it would be feasible to extend the use prohibitions to the phase 1 site but allowing indoor self-storage. Mr. Rivera believed the owner would not object to this. The applicant and the board discussed the letter received by Mr. Bowling regarding the preservation of the green space and proposed building setbacks. Board Discussion The board had no further discussion on the proposal. Board Action A motion was made by Ms. Schenking seconded by Ms. Miller and carried to recommend City Commission approve the request to establish a new Planned Development (PD-187) placed on the subject  City of Dayton Page 2 City Plan Board Summary Minute Record December 12, 2023 property by finding that the applicable criteria in R.C.G.O. §150.125.7(1-8) and R.C.G.O. §150.350.7 can be met with the modification that the accompanying PD standards state that: 1) The uses found in schedule 150.325.2(10) Motor Vehicle/Transportation and 150.325.2(11) Storage and Distribution be prohibited in the Phase 1 (1301 N Keowee Street) site with the exception that indoor self-storage be permitted. Mr. William Allen Excused Mr. Matt Sauer Yes Ms. Leslie Lovelace Yes Ms. Ann Schenking Yes Ms. Rosalyn Miller Yes Mr. Greg Scott Yes Ms. Geraldine Pegues Excused Minutes approved by the City Plan Board on January 9, 2024. Jennifer Hanauer, Secretary City Plan Board