City Plan Board

City of Dayton City Plan Board Minute Record Overview January 9, 2024 4:30 P.M. Sixth Floor Training Room, City Hall 101 W. Third Street, Dayton, Ohio Members Present: Mr. William Allen, Ms. Leslie Lovelace, Ms. Rosie Miller, Ms. Ann Schenking, Mr. Greg Scott Members Excused: Ms. Geraldine Pegues, Mr. Matt Sauer Mr. Scott called the meeting to order at 4:31 P.M. A motion was made by Ms. Schenking, seconded by Ms. Miller, and carried to excuse the absences of Ms. Pegues and Mr. Sauer. A motion was made by Ms. Schenking, seconded by Ms. Lovelace, and carried to approve the minutes of the December 12, 2023, meeting. 1. PLN2023-00437 – Subdivision Record Plan Located at Pheasant Crossing. Applicant: Maronda Homes 5900 Wilcox Place Dublin, OH 43016 Priority Land Use Board: Northeast Planning District: Pheasant Hill Decision: Approved with Conditions 2. PLN2023-00439 – Subdivision Record Plan Located at 1619 McLain St. Applicant: Matt Habedank, PS 6219 Centre Park Dr. West Chester, OH 45069 Priority Land Use Board: Northeast Planning District: Historic Inner East Decision: Approved with Conditions 3. PLN2023-00440 – Subdivision Record Plan Located at 216 Crane St. Applicant: Admiral Engineering & Surveying 14 W. First St. Dayton, OH 45403 Priority Land Use Board: Northeast Planning District: Springfield Decision: Approved with Conditions 4. PLN2023-00441 – Subdivision Record Plan Located at 59 N. Smithville Rd. Applicant: Thomos Marsh 8529 Byers Rd. Dayton, OH 45342 Priority Land Use Board: Northeast Planning District: Wright View Decision: Approved with Conditions 5. PLN2023-00443 – Subdivision Record Plan Located at 51 Pulaski St. Applicant: Eric Moody 40 Pulaski St. Dayton, OH 45402 Priority Land Use Board: Downtown Planning District: South Park Decision: Approved with Conditions City Plan Board Minute Record Summary Page 2 January 9, 2024 6. PLN2023-00444 – Subdivision Record Plan Located at 1050 Linden Ave. Applicant: Horizon Surveying LLC 726 Albright Mill Rd. Chillicothe, OH 45601 Priority Land Use Board: Southeast Planning District: Linden Heights Decision: Approved with Conditions 7. PLN2023-00442 – Vacation of Right of Way at South Edwin C. Moses Boulevard at West Third Street Applicant: City of Dayton 101 W. Third St. Dayton, OH 45402 Priority Land Use Board: West Planning District: Wright-Dunbar Decision: Approved with Conditions 8. PLN2023-00408 – Zoning Map Amendment at 1404 Webster St. Applicant: Anthony Brown 3008 Sudbury Dr. Kettering, OH 45420 Priority Land Use Board: Northeast Planning District: McCook Field Decision: Tabled Mr. Kroeger shared that Ms. Hanauer recently received her AICP accreditation and that Mr. Kinskey will be retiring at the end of February. Mr. Kinskey said that he doesn’t expect to be done with planning work yet despite his retirement. The Plan Board meeting was adjourned by Mr. Scott at 5:39 P.M. Minutes approved by the City Plan Board on February 13, 2024. Jennifer Hanauer, Secretary City Plan Board  City of Dayton City Plan Board Summary Minute Record January 9, 2024 1. PLN2023-00437 – A record plan to split parcel R72617517 0002 into two (2) parcels. Applicant: Maronda Homes Priority Land Use Board: Northeast Planning District: Pheasant Hill Decision: Approved with conditions Staff Comments Jeff Green presented the case. This is a record plan to split one (1) City lot into two (2) City lot for parcel R72617517 0002. The lot meets meet the minimum lot requirements for the SR-2/PD-186 Zoning District. Public Comments None. Board Discussion None. Board Action A motion was made by Ms. Miller, seconded by Ms. Pegues, and carried to approve Case PLN2023-00437 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 close to within a 1:10,000 ratio. 3. Add any easements required by AES Power, City of Dayton Water, etc. 4. A new lot needs a red outline. 5. Correct any pdf comments by the City of Dayton’s reviewer. Mr. William Allen Yes Mr. Matt Sauer Excused 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 February 13, 2024. Jen Hanauer, Secretary City Plan Board  City of Dayton City Plan Board Summary Minute Record January 9, 2024 2. PLN2023-00439 – A record plan to consolidate eight (8) City lots into one (1) City lot at 1619 McLain St. Applicant: Matt Habedank, PS; The Kleingers Group Priority Land Use Board: Northeast Planning District: Historic Inner East Decision: Approved with conditions Staff Comments Jen Hanauer presented the case. This is a record plan to consolidate eight (8) City lots into one (1) City lot at 1619 McLain St. The lot meets the minimum requirements of the I-2 General Industrial zoning district. Ms. Hanauer stated that the owners intend to change the use and have been working with Zoning. Public Comments None. Board Discussion None. Board Action A motion was made by Ms. Schenking, seconded by Mr. Allen, and carried to approve Case PLN2023- 00439 subject to the following conditions: 1. Add a water utility easement for the 8” sanitary pipe located on the west side of the proposed site as shown on the attached map. The easement shall be 20‐feet wide with the pipe centered on the easement. 2. Revise the Record Plan and any Construction Drawings per the City of Dayton Subdivision Regulations and comments from the Division of Civil Engineering. 3. Ensure that the dimensions are close to within a 1:10,000 ratio. 4. Add any easements required by AES, City of Dayton Water, etc. 5. Correct any pdf comments by the City of Dayton’s reviewer. 6. Make a 15’ Radius at St. Jude Street and McClain Street. Mr. William Allen Yes Mr. Matt Sauer Excused 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 February 13, 2024. Jen Hanauer, Secretary City Plan Board  City of Dayton City Plan Board Summary Minute Record January 9, 2024 3. PLN2023-00440 – A record plan to consolidate eleven (11) City lots into one (1) City lot at 216-234 Crane St. Applicant: Admiral Engineering & Surveying Priority Land Use Board: Northeast Planning District: Springfield Decision: Approved with conditions Staff Comments Jen Hanauer presented the case. This is a record plan to consolidate eleven (11) City lots into one (1) City lot at 216-234 Crane St. The lot meets the minimum requirements of the I-2 General Industrial zoning district. Public Comments None. Board Discussion None. Board Action A motion was made by Ms. Lovelace, seconded by Ms. Miller, and carried to approve Case PLN2023- 00440 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. Correct any pdf comments by the City of Dayton’s reviewer. Mr. William Allen Yes Mr. Matt Sauer Excused 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 February 13, 2024. Jen Hanauer, Secretary City Plan Board  City of Dayton City Plan Board Summary Minute Record January 9, 2024 4. PLN2023-00441 – A record plan to consolidate two (2) City lots into one (1) City lot at 59 N. Smithville Rd. Applicant: Thomos K. Marsh Priority Land Use Board: Northeast Planning District: Wright View 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 59 N. Smithville Rd. The lot meets the minimum requirements of the ER-4 Eclectic Single-family Residential zoning district. Public Comments None. Board Discussion None. Board Action A motion was made by Mr. Allen, seconded by Ms. Lovelace, and carried to approve Case PLN2023- 00441 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. Show nearby Section lines. One goes down the center of Smithville Road. 5. Show a red outline around the new lots. Mr. William Allen Yes Mr. Matt Sauer Excused 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 February 13, 2024. Jen Hanauer, Secretary City Plan Board  City of Dayton City Plan Board Summary Minute Record January 9, 2024 5. PLN2023-00443 – A record plan to subdivide one (1) City lot into four (4) City lots at 51 Pulaski St. Applicant: Eric Moody, EAM GeoData Solutions Priority Land Use Board: Downtown Planning District: South Park Decision: Approved with conditions Staff Comments Jen Hanauer presented the case. This is a record plan to subdivide one (1) City lot into four (4) City lots at 51 Pulaski St. The lots meet the minimum requirements of the MR-5 Mature Single-family Residential zoning district. The lots are owned by the Gagnets who also own Coco’s Bistro located immediately to the west of this property. Ms. Hanauer stated that this site had previously gone through the record plan process in order to consolidate lots when the owners’ intention had been to build their home in this location. Plans have changed, and the owners would now like to split the lots in order to build multiple single-family homes that would front on East Lincoln. Public Comments None. Board Discussion None. Board Action A motion was made by Ms. Miller, seconded by Mr. Allen, and carried to approve Case PLN2023-00443 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. Correct any pdf comments by the City of Dayton’s reviewer. Mr. William Allen Yes Mr. Matt Sauer Excused 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 February 13, 2024. Jen Hanauer, Secretary City Plan Board  City of Dayton City Plan Board Summary Minute Record January 9, 2024 6. PLN2023-00444 – A record plan to consolidate two (2) City lots into one (1) City lot at 1050 Linden Ave. Applicant: Horizon Surveying LLC Priority Land Use Board: Southeast Planning District: Linden Heights 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 1050 Linden Ave. The lot meets the minimum requirements of the MR-5 Mature Single-family Residential zoning district. Public Comments None. Board Discussion None. Board Action A motion was made by Ms. Schenking, seconded by Ms. Lovelace, and carried to approve Case PLN2023- 00444 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. A new lot needs a red outline. 5. Correct any pdf comments by the City of Dayton’s reviewer. Mr. William Allen Yes Mr. Matt Sauer Excused 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 February 13, 2024. Jen Hanauer, Secretary City Plan Board  City of Dayton City Plan Board Summary Minute Record January 9, 2024 PLN2023-00442 – ROW Vacations- The Alley South of West Third Street from the Vacated Bank Street to Edwin C. Moses Blvd and The Alley West of the Vacated Bank Street from the Alley South of West Third Street to West Fourth Street. Applicant: City of Dayton Priority Land Use Board: West Planning District: Wright-Dunbar Decision: Approved with conditions Staff Comments Ellen Sizer presented the staff report and recommended conditions. The request is to vacate approximately 281 feet by 393 feet of two unimproved rights of way on the southeast corner of Edwin C Moses Boulevard and West Third Street. The City plans to consolidate City-owned property into one lot and to complete the dedication of Edwin C Moses Boulevard. Additionally, a Request for Proposals (RFP) will be released in early June 2024, with the intention on selecting an experienced Developer to renovate the existing historic structure and/or construct a suitable development at the site. City Civil Engineer Joe Weinel told staff that a vacation would work in this location. Public Comments None. Board Discussion Ms. Schenking asked that any future development require open access to the Miami River Recreational Trail on the Northeast corner of W Third St and Bank St to connect the property to the trail access point. Mr. Kroeger and Mr. Kinskey reassured that the Request for Proposals (RFP) that will be released in early June 2024 will include a requirement that any future developer must keep open trail and riverway access. Board Action A motion was made by Ms. Miller, seconded by Mr. Allen, and carried to approve Case PLN2023-00442 subject to the following conditions: 1. Utility easements shall be retained for the following infrastructure: • Existing AT&T facilities • Spectrum fiber and poles • 20’ wide easement over 8” water main. 2. Future consolidation of the property shall provide for riverway access from the public right-of- way. Mr. William Allen Yes Mr. Matt Sauer Excused Ms. Rosalyn Miller Yes Ms. Ann Schenking Yes Ms. Geraldine Pegues Excused Mr. Greg Scott Yes Ms. Leslie Lovelace Yes Minutes approved by the City Plan Board on February 13, 2024 Jennifer Hanauer, Secretary City Plan Board  City of Dayton City Plan Board Summary Minute Record January 9, 2024 8. 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: Tabled Staff Comments Jen Hanauer presented the case. This is a Zoning Map Amendment to rezone approximately 0.569 acres located at 1404 Webster St. from Open Space (OS) to Eclectic General Commercial (EGC). The property was before Plan Board in November 2023 for the record plan that split the lot off from the larger Claridge Park parcel. The half-acre piece with the existing building had been declared surplus by the City in 2011, and there is now a potential buyer for the property. Ms. Hanauer gave history on the property and stated that it is currently being used by Northeast Churches as a food pantry one day per week. Ms. Hanauer is working with the City’s Facilities Manager Andrew Marks to find another City-owned location for the food pantry, such as the former fire station at 359 Maryland Ave. in nearby Old North Dayton. The property is under contract to be sold to Anthony Brown of Safety-Net Therapeutics, LLC, who would like to re-purpose the existing building to accommodate his medical practice where he would provide behavioral and mental health counseling for children. Mr. Brown would offer individual therapy, group therapy, pharmacological services, and case management services. The proposed re-zoning would allow the existing building to be put to productive use by the new owner. Uses permitted in EGC would not be more disruptive to the area than the uses permitted in the I-2 General Industrial district that surrounds Claridge Park. Due to the location of the property in the southwest corner of Claridge Park, the park itself serves as a buffer between the property and the residential uses to the north and the east of the park. Additional services in this area and the adaptive reuse of this building are consistent with both the Northeast Neighborhood Vision (2020) and the Dayton Forward: 2040 Comprehensive Plan (2023). The Northeast Land Use Board met to discuss the proposed re-zoning on Monday, December 11, 2023. At that time, deep concern was expressed from members of the community and the board regarding the future of the Northeast Churches food pantry as well as the proposed and future uses of the site. The board voted unanimously to recommend denial of the application. NELUB met again to discuss this case on January 4, 2024, this time with the applicant and the community in attendance. The applicant answered many questions regarding the details of his operation. Some neighbors stated their opposition to the zoning change. Community and board members stated their opinions that the proposed use would be a better fit in another location and that the property should remain Open Space. In an effort to remain in line with the wishes of the neighborhood, NELUB again voted unanimously to recommend denial. Several community members sent comments to staff. Jennifer Evans, a board member of the Old North Dayton Neighborhood Association and volunteer for the food pantry, wrote to express her concerns about the potential rezoning. Ms. Evans believes that several uses that are permitted in EGC would be incompatible with the community. Ms. Evans stated that the food pantry was not properly notified of the sale of this property and therefore did not have sufficient time to provide feedback to staff or make a plan to relocate. Jerry Bowling, III, President of the McCook Field Neighborhood Association, wrote to request that Plan Board deny the application and keep the property Open Space. He listed specific uses permitted in EGC that the neighborhood would oppose: multi-family dwellings, live-work units, mixed use, churches, congregate care, theaters, offices, professional services, drive-thrus, funeral homes, all medical marijuana facilities, service establishments, lodging, motor vehicle services, parking structure, transit  City of Dayton Page 2 City Plan Board Summary Minute Record January 9, 2024 station, storage, harvesting, microbottling, utilities, and murals. Rashid Kochali, owner of 727 Kiser St., called staff to express his support for the project. Staff recommended approval of the proposed zoning map amendment as submitted. Public Comments The applicant, Mr. Anthony Brown of Safety-Net Therapeutics in Kettering, spoke to his decision to expand his practice into Dayton and provide mental health counseling for children. Mr. Brown stated that the activity at the Kroc Center and the proximity to the park makes the location ideal for services aimed at youth. Ms. Schenking asked how the children would get to and from Mr. Brown’s facility. Mr. Brown stated that parents will be involved with transportation and his facility would assist with transportation as well. Ms. Schenking asked what the typical hours would be, and Mr. Brown said that while they will need to adapt to the children’s schedule around the school year, he expects to typically be open Monday through Friday from 8 a.m. to 5 p.m. Ms. Schenking asked if there would be any residential treatment at this facility, and Mr. Brown said no. Ms. Schenking asked Ms. French how she would classify this use, and Ms. French replied that it would be classified as a medical office. Mr. Allen asked what the feedback was that Mr. Brown received from the neighborhood. Mr. Brown said that the neighborhood had a list of uses that they would not want at this location, such as residential treatment and partial hospitalization. Mr. Brown said that he was also asked why he had chosen this facility and not one in a more commercial area, like Keowee, to which Mr. Brown answered that this location was being sold by the City and is a good location for his facility as it is near the Kroc Center. Ms. Hanauer added that their had been questions about parking for Claridge Park since the parking lot next to the building is the only parking for the park. An agreement could be set up between Mr. Brown and the City for use of the parking lot by visitors to the park. Ms. Hanauer is also working with Public Works to look into the addition of street parking on Lamar along the north side of the park. Mr. Scott asked how many parking spots are currently in the lot. Ms. Schenking said that regardless of the answer, the parking lot is not close to the attractions in the park, like the playground and the skate park. Whitney Locker, the architect for the project, spoke to the parking question. Ms. Locker estimates that 16- 18 spots could fit in the lot to the west of the building and that about five spaces could fit in the lot to the east of the building, which she would recommend be used as employee parking. Ms. Locker also spoke to possibilities for fencing, landscaping, and a walking path. Ms. Schenking asked if this would constitute a change of use and therefore require standards be met for landscaping. Jerry Bowling III, McCook Field Neighborhood Association President, gave some history of the neighborhood and Claridge Park. Mr. Bowling stated that the neighborhood is opposed to both the zoning change and the proposed use at this site because of the risk it poses to the area. Mr. Bowling disagrees that the zoning change would be consistent with the Northeast Neighborhoods Vision because one of their top priorities is protecting the park. The neighborhood would be more strongly opposed to a rezoning to I-2 General Industrial. The neighborhood would appreciate being able to use the parking lot, but it would not be a dealbreaker if that could not be worked out. Ms. Schenking asked Mr. Bowling to confirm that the neighborhood would oppose any type of office use at this location. Mr. Bowling said that he would need to know more about an office use and could change following more discussion. Ms. Schenking stated that considering the location and the surroundings, an office use could be a very good re-use of this property. Ms. Schenking stated that she would have trouble recommending approval of this application and sending it on to City Commission considering the opposition from the neighborhood. Ms. Schenking suggested tabling the case and having it come back to Plan Board as a Planned Development, which would allow for  City of Dayton Page 3 City Plan Board Summary Minute Record January 9, 2024 the opportunity to also address landscaping. However, there may still be a conflict considering that Mr. Bowling’s list of uses that the neighborhood would oppose include any classification that Mr. Brown’s business may fall under. Ms. Schenking cited that while the Kroc Center has been excellent in this location, the surrounding land uses have not been great neighbors. The Kroc Center would be important to have at the table during a discussion about a PD. Mr. Scott agrees with Ms. Schenking and told Mr. Bowling that he was not sure he understood the opposition to all of the uses listed that the neighborhood would be opposed to. Ms. Miller said that there are uses that could go in at this property that would be very compatible with the park. Mr. Bowling stated that not knowing what would transpire at this Plan Board hearing, he wanted to add all possible uses to his list that could be incompatible with the neighborhood. Board Discussion Ms. Schenking asked if the other board members agree that this case should return as a PD. Board Action A motion was made by Ms. Schenking to table the recommendation to rezone the property to EGC and that this come back to Plan Board at a future date as a Planned Development that addresses as best as possible the concerns of the neighborhood and the desire of the City to dispose of this property and includes perspective and input from the Kroc Center. The motion was seconded by Ms. Miller and passed by a vote of 5-0 with two excused. Mr. William Allen Yes Mr. Matt Sauer Excused 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 February 13, 2024. Jen Hanauer, Secretary City Plan Board