City Council - Regular Meeting

Good evening. Before we get started tonight, we've got a proclamation to present to the Eaton family and uh it's about congenital heart defects. uh whereas congenital heart defects are structural abnormal abnormalities of the heart or great vessels present at birth and are the most common type of birth defect affecting approximately one in 100 births in the United States each year. And whereas CHDs remain a leading cause of birth defect related morbidity and mortality in infants and children nationwide and they continue to affect children and adults throughout their lifetimes. And whereas individuals and families living with congenital heart defects face ongoing health, emotional, and financial challenges, and their courage, resilience, and advocacy inspire hope and progress. And whereas increasing public awareness of CHDs through education, community support, and early detection can improve outcomes, enhance quality of life, and encourage research, encourage research, treatment, and support services. And whereas national con congenital heart defect awareness week serves a as dedicated time to recognize the strength of heart defect survivors honor those who have lost their lives and support families and caregivers affected by CHDs. And whereas the city of Beaver Creek acknowledges the importance of heart health community awareness and collective action and supporting residents impacted by congenital heart defects. Now therefore, I, Don Adams, mayor of the city of Beaver Creek, along with the entire city council, do hereby proclaim February 7th through February 14th, 2026 as congenital heart defect awareness week in the city of Beaver Creek and urge residents, schools, healthc care organizations, businesses, and community groups to join in raising awareness and supporting individuals and families affected by congenital heart defects throughout our community and

beyond. So, I'd like to present that to you. Yes, thank you so much. Um, we are so excited that we get to be here and do this. Uh, as he said, congenital heart defects are the most common birth defects. They affect one in every hundred babies born. So, there are so many families in our community that are affected by congenital heart disease. And it's something that unfortunately there isn't a lot of awareness about and we didn't know about it until our son was born with it. So, we are honored to be here and to be able to do this with the city of Beaver Creek to raise awareness so that other people in our community can feel support and learn about this condition. So, thank you very much. Thank you. Now we can uh call this meeting to order. Special meetings. It was actually scheduled for January 26th, but we postponed it because of the weather to make sure that anyone that wanted to come out had the opportunity to come out. Uh so have a roll call, please.

Council member Kern here. Council member Derer here. Council member Bills here. Council member literal here. Council member Beos here. Vice Mayor Upton here. Mayor Adams here. I will now turn it over to Council Member Der. Thank you. If you could all stand with me and join me in the pledge of allegiance.

I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. In late 2025, uh protesters went onto the streets of Thran, the capital city, uh of Iran. Uh Iran is one of the most autocratic regimes in the world. Uh few freedoms exist within the country and the government uh which controls the guns and the weaponry uh started firing upon protesters. Uh they shut off the internet and have committed a range of different atrocities. Um, United States has sent uh carrier strike group um under the leadership of the USS Abraham Lincoln uh into the region and uh I want us to take a moment of silent prayer for those that are protesting for freedoms within Iran uh and for our troops uh heading to the region uh often with uh some with uh connections to the Miami Valley. So, please uh join me in a moment of silent prayer. Thank you.

Thank you. We have an agenda before us. Any changes, corrections, additions? Move we approve the agenda, your honor. Second. Have a motion and a second to approve the agenda. All those in favor signify by saying I. I. I. Opposed. And we have one set of minutes before us for January 12th. Any corrections, additions, changes? Uh simply a statement, mayor. Um uh with the age friendly survey, I was uh promised uh zip codes and regression results and I have not seen those. So just as a quick note uh on that um but I I have no opposition u just simply a statement.

Okay. that. All right. Move to approve. Second. Have a motion and a second to approve the January 12th regular meeting minutes. All those in favor signify by saying I. I. Opposed. Uh PUD2-3. This is uh for seven brew that's been tabled and will be continued until February 9th. So now we have uh PUD 97-1.

PUD 97-1 an application filed by High-5 Development Services, 202 West Main Street, Mason, Ohio. The applicant requests approval to amend PUD97-1 to accept multiple court changes that were made to the judicially approved PUD. The property is located on the north of Kemp Road, approximately 500 ft east of the intersection of Kemp Road and North Fairfield Road. Further described as book four, page 6, parcel 123 on the Green County Property Tax Atlas. Ordinance 26-3, an ordinance amending ordinance number 00-27, PUD 97-1, Fairfield Place to accept changes to the PUD agreed upon by the federal courts.

Okay, this will be done in two parts. Uh we'll have an applicant input for both. We'll have the staff do just one for for both and then we'll open it to uh public input and you'll all be given three minutes uh to speak uh and you can up go up to nine minutes if you get it donated from someone else. So So applicant presentation first. Hello, my name is Michael George. Do I need to say more than that for them? Have you signed in?

I have. 6219 Center Park Drive, Westchester, Ohio 455069. Do you need a phone number as well or?

No. Okay. So, I am here to introduce the proposed Hilton Hotel project. It's uh proposed northeast of the intersection of Kemp Road and North Fairfield Road on a 5.068 parcel. Um there'll be 160 rooms, 168 parking stalls and uh the site will have two access points along the west side of the development to a private drive. Just east of us is the Elsid neighborhood and everything else I think Ry's going to cover. So, I'll say I'm here to answer any site questions and we have the architect here as well to answer any architectural building questions. And again, just thank you all for hosting us and thank you especially to the Beaver Creek city staff who've helped us put together a compliant site plan. So, thank you

staff, Mr. Burkett.

Good evening, Mayor, members of city council. The case you have before you, this is actually two cases. Again, this is uh PUB971, the amendment case. And then the presentation also flows into the major mod case. Um that will be held uh the public hearing and decision on that will be held uh after the public hearing and decision on the amendment case. Again, the applicants requesting approval to construct a 160 room hotel on their 5 acre site. The property is located um uh just north of Kemp Road about 500 feet east of the intersection of North North Fairfield Road and Kemp Road. Uh this kind of gives you a general idea of the location. It's up near that intersection of North Fairfield and Kemp. Uh seen here is an aerial what I've outlined the the 5 acre area that we're discussing this evening. Uh, this property has gone through quite a history of litigation and and changes throughout the years. In 1997, it was reszoned to a PUD. Um, and after city council approved that resoning, the the citizens put together an effort to get a referendum on the ballot, which succeeded. And that referendum um passed the vote. So, it overturned the 1997 council decision to reszone. So it reverted it back to the A1, B2, and B3 zoning. That was there before the zoning or before the PUD. Uh the the property owner sued the city and it ultimately got into federal court. Um then three years later the there was a settlement between the city and the pro and the property owner which put a the federal courts really signed off on what was the site plan what were the conditions and was told in that settlement to adopt an ordinance accepting all these conditions. So ordinance 00-27 which was adopted in 2000 accepted the settlement agreement between the owners and the property owner in the city of Beaver

Creek. Fast forward to 2018. Um the what was at the time called the Nyer office building now it's the M the Miami Valley Hospital or Premier Health Building that's uh at Lake View and or just on Lake View just past North Fairfield Road. It was constructed and approved as part of a a specific site plan. And in the conditions of that specific site plan, there were conditions that stated that prior to the um issuance of a zoning permit for that building, the modifi there would need to be a modification to the PD and signed off on by the courts. So that 2018 uh amended order is included in your packet and and conditions number one and two in the ordinance that we've uh included in your packet for this evening outline the changes in that 2018 order is number condition number 14 I believe in that order said that each of the parties should take uh action to make these changes in effect and for whatever reasons it hasn't gone into we never came back for a reasonzoning. So the 2018 changes were never in effect from a zoning standpoint. They were from an agreement from the court standpoint, but not from the zoning standpoint. So that's what conditions one and two are in the amendment for this evening on uh let me plug back at the aerial. Yeah, that that'll work. just to the west of the blue area that you can see there's a two vacant parcels that are split by a secondary access road. Based on the square footage with the hotels proposing this evening and all the existing square footage, there is no square footage left in the PUD to construct. Um they have maximized the 2,000 order. So, the owners of the the vacant property had requested the city to look into extending the overall

square footage allowed in the PUD. Uh, we worked with them pretty much in early 25 and through 2025 uh to come to agreement on what additional square footage should be added to the PUD. And that's how uh condition three in your ordinance came about where it in increased the the current maximum square footage is 185,000 for the PBD altogether and um 30,000 for outlots and what condition number three increases that to 45,000 feet in outlots and 200,000 overall. So, it basically adds 15,000 square feet that they can use in those two vacant lots um in between the the future hotel and the multi-tenant building out at the corner of North Fairfield and camp. Uh because uh city council has never approved that even as part of a specific site plan, you're under no obligation to accept condition number three. However, just based on the fact that it's an empty parcel, the only thing that's stopping it from development is a regula regulatory number, not because they can't provide enough parking or or the zoning doesn't match. It's just a number, a square footage number. um it's a good chance that the owners will come back and and request this as a second amendment or and if that's not approved um talking with the law director that that it would be likely that we would see legal action on that to increase the square footage. So that's why we included number three in the in the ordinance this evening. Again, if it gets struck out, um it doesn't change the hotel application. Um, it just I think it would preclude it would force another amendment process to go go through this process one more time. So, we're trying to kind of get two birds in one stone here. Um,

in terms of the modification, so this is the second part. Uh, again, the applicants proposing a three-story 160 room hotel on just over 5 acres. um NPUDs the maximum uh impervious surface permitted is 75% and they're well below that with this this request. I think it's like 18% overall on the on the site because you've got a sign significant amount of mounding on the the east and to and some mounding to the south. In terms of the zoning, it is hotels are permitted within this PUD and in this this uh portion of the PUD. Uh then you have Pre Premier Health to the north. To the south you've got some single family homes directly across and then to the west of that you've got the the Freddy's uh restaurant and you got Speedway to the west of that. And to the west you've got the vacant lot and then ultimately that multi-tenant building. Seen here is a proposed site plan. Um and you can see the two access points off of the existing access point. And I kind of threw that over aerial to give a better idea of what we're talking about where you've got the the southern access point and a central access point. Um they're proposing 168 parking spaces in the within this plan. And if you do the calculation for hotels, it's one for every um 20 one for every room and then one for every 20 rooms to account for staff uh employed in the hotel. And based on their numbers, they're required to have 168, which is what they provide. So they meet the minimum parking setback or parking standards. Um in terms of setbacks, the building is it's the requirement is that it be set back um at least 150 ft from the eastern property line. The building is set back 193 feet. Um the parking lot the parking

lot is set back 150 ft from the eastern property line. The nearest homes are between to the east are between uh 430 and 540 ft and there is a existing 15t mound between there which will be extended as part of this application and I'll show uh that graphic here in a second. The hotel building itself is about uh between 100 and 120 ft from the rightway of Kemp Road. Then you got Kemp Road. Then there's homes to the south of Kemp Road. In terms of the mound, you can see I kind of highlighted in green where the existing mounds terminate. Uh there is a north south mound um and then there is an east west mound. What they're proposing is to extend the east the north south mound uh all the way to mostly to Kemp and then kind of going around the curve with that mound. It does taper down from 15 feet along the north south boundary down to four feet. You can see each one of those kind of hooks is a foot lower and lower and lower until you get uh between the parking lot and um and the hotel between the parking lot of the hotel and Kemp Road. And this is kind of a bigger picture of the of the mound as they're proposing. Um, one of the conditions and if I included that, one of the conditions of the 2018 order said uh stated that a mound is not part of the 2018 but can be considered as as a future site plan. It should not be more than six feet in height. And so they limited the height in the 2018 order to six feet. It didn't say it had to be a certain height other than it can't be more than six. So, what they're showing here is a mount that tapers down from 15 at the corner to four as you get closer to the entryway to the the shopping center.

This is kind of a perspective view that the applicant provided from about the property line to show the the mound as it will be constructed. Um, but I want to point out this this kind of doesn't show the existing trees on the city property because there's a city property where that pond is. So I took this, you could see on the aerial to the left um there the red line shows the the property line and into it. So there are a bunch of evergreen trees between the mound and the prop residential properties to the east and the kind of perspective view on the right is kind of looking at an aerial down. So you can see there's there are a lot of trees between the proposed mound hotel and the homes to the east. In terms of the building, um the limit on in this peed with the 2018 order is 40T. They're proposing below that at 36 or 37 1/2 ft. Um it'll be about 180 ft wide and about 320 ft long. They're using multicolor brick, fiber cement panels, um woodlook siding, and cast tone to help make it a modern looking building. And this, um, these 3D perspectives show the the building as they're proposing with you got the bunch of different materials that break up the massings of each of the walls. So, it's not one large mass on any given side. And these are just other views of the the proposed hotel. Um the landscape plan included in your packet includes several canopy trees and ornamental shrubs. It does it will extend the the evergreen trees that are on top of the existing mound now along the new mound so that those trees will continue down and around the side of the mound the mound um and be kind of a seamless transition from the existing to the new.

Um, in terms of lighting, uh, the requirement is that the 18 or 16 foot light poles be, uh, particularly around the back of the building between the the building and the residential neighborhood so that the the the poles don't shine. They shine behind the mound um, and onto the site. Um, full cutoff light fixtures will be required throughout the site. Um, planning commission did add it add a condition that no decorative lighting be included on the eastern elevation, the one that would be directly fronting would be visible from the the residential property to the east so that there's no wall sconces or or decorative light fixtures. Um, in terms of signage, uh, there's a limit to 350 square feet of wall signs and the ground sign can't be over six feet tall and 30 square feet. Um, and as with most ground signs we've done in the last 15 years that that required to be on a brick base that matches the brick of the building, there are 25 conditions in the motion for your consideration. There are three conditions in the ordinance for your consideration. Staff and planning commission recommend approval of both. And again, it would go over the procedure as the mayor stated earlier that the the open house for the the public hearing for the amendment should go first, then the vote on the amendment because there there's contingency on the amendment passing for the approval of the hotel being passing. Um particularly conditions one and two of the ordinance. And then after that amendment is voted on, then open a public hearing separately for the the site plan and then vote on that site plan. So again, staff and planning commission both recommend approval of the applicant's request and I'll be happy to answer any questions following either of the public hearing.

Thank you very much. And uh Mr. Blberry, just to clarify, this first amendment is just to align our zoning with the court order. Correct. It's just line with both the 2018 and then the most recent court orders. Okay, with that I'll open it for public hearing. If anyone would like to come forward, you have three minutes. Just please state your name and address.

Monica McFarland, 4122 Donkey Kot Drive. Mayor Adams, Council, good evening. Um, we've lived in Beaver Creek since 1986. Our children, all seven of them, graduated from Beaver Creek High School. In the summer of 1994, Michael Lfino requested reszoning of 32.319 acres of land located on the northeast corner of North Fairfield and Kemp Road from R1A B2 Community Business District and A1 agricultural to commercial planned unit development for approval for a concept plan for retail store development. over the next three years were developed and negotiated. Plans were developed and negotiated in detail with the city. Eventually, ordinance 97-27 was adopted. Reszoning the property to a CPU. Included in this legislation were the following limitations. The total square footage of the structures allowed to be constructed shall not exceed 185,000 square ft. A single 65,000 square foot 35 foot high single talent building could be built. The anchor store should be constructed on the northernmost portion of the property and it shall be a budding lake drive, not Kemp Lake. a permanent 15 foot high landscape urban mound along the entire eastern edge and extending at its southern end and westward 330 ft from the CPU eastern boundary. Beaver Creek zoning states neighborhood commercial centers are generally small

developments that are intended to provide for the daily needs of the ci of the residents who live nearby. In addition, planning staff stated 1997 that the south lfino parcel should be compatible with the environment at the intersection rather than continuing the extension of regional commercial from the north. This development with its big box structure was clearly beyond the neighborhood community allowances of the land use plan and definitely not compatible with the rest of the businesses at the corner of North Fairfield and Kemp. Discontent by the residents with ordinance 97-27 resulted in the referendum which overturned the ordinance. Understand that taking an ordinance to referendum is no small matter. A few of us formed a political action committee. Residents from all over the city collected thousands of signatures to get on the ballot for the November election. We had a treasurer and were able to collect approximately 3,000 in small donations in order to have yarn sides, yard signs, and put some ads in the newspaper. Is that my timer?

That's your time. Yes, I have. I'd like to donate. Please come to the microphone, state your name and address, and donate your time, please. Just for the record. Vicky Richie. Um, I live on 3144 Kemp. Thank you very much.

We had a treasurer and we were able to collect approximately $3,000 in small donations in order to have yard signs and put some ads in the newspaper. We took out personal liability insurance because this particular developer was known to sue. Um so um so Michael Lefino subsequently did sue the city. um because we won the uh the referendum. The lawsuit was resolved in May 2000 with a settlement between Lfino and the city issued as a court order by federal mark uh magistrate Michael Mertz. The settlement included the following provisions. The total square footage of the buildings and structured allowed was kept to be kept at 185,000 square feet. The big box height was reduced to 33 feet. The height limit on the other buildings was not to exceed 27 feet. So, how did we get from the height of the anchor to more no more than 33 feet and 65 total square feet uh to a proposal for a hotel long-term stay facility on camp um on the on the camp end of the property that is almost 40t tall and almost 100,000 square feet. How is it that every legal filing that Filipinos send out, the limits placed on the property were expanded? I have copies of eight different filings by the Linos versus the city of Beaver Creek in the United States District Court. At every turn, hard one gains by the citizens were eroded on January 26th. this January on January 6, 2026, I picked up all the information for the

public hearing for the planning commission. Uh, and lo and behold, another motion to modify the May 20, 2000 agreement had been court approved. It stated that circumstances again warrant mortification. Modification. So, I picked this up and it says, "Agreed order modifying terms of agreed order upon settlement as modified by the agreed order approved and filed November 8th, 2018." This is what came the day before. This is what showed up the day of the public hearing for the for this in January. The property in question is different from the properties to the north. It's different because it's adjacent to single family homes. Be aware the Linos own the property behind the speedway. You can bet they have plans to commercialize it and this is a precedent. Thank you.

Thank you very much. No worries.

I'm uh Andy McFarland. Uh, I live at 3120 3122 Doniote Drive in Beth. Um, I believe I have uh a slide, the one for the amendment. Nope, wrong package. There's another file. That's it. Thank you. Um, good evening, mayor, councilors. Um, I want to go through the history again now that anybody's done it before. Uh, and I may have missed a couple of things here, but, uh, in June 97, basically the city gave Mike Lefino for his father's trust. Everything he asked for. 35 ft anchor on the north end of the property. Everything else 25 ft. 15t mound to the east and to the south and 185,000 square ft. So we took that to referendum, won the referendum, that vacated the ordinance. So Lfino sued. Uh the the result of the suit was basically nothing changed from what the city gave him in the first place. Couple more feet for the south part of the uh

development, couple less feet for the uh big bucks. and and and uh before that happened, there was a mediation, so to speak, where Judge Meager Judge Judge Meager was uh supposedly the uh the moderator. Uh and according to uh Judge Mertz, it was an extensive and lengthy discussion. Well, maybe 15 minutes. Judge Meager arrived where the uh residents were waiting uh with Lefino's team. They told us what was going to happen. We chatted about it for a couple of minutes. That was it. We were gone. And and and as you can see, Lfino ended up with exactly what he started asking for. So Lfino signed off on that. He agreed with that. He was fine with it. Somehow in the mid in in the early 20s in the early 2000s uh that 18 ft mound on the south end was built but it's only about 7 ft tall and I've asked the city for documentation on how that changed change happened. Uh the former planner couldn't find anything for me. So somehow 18 feet agreed on turned on to turned into 7 ft. Now remember that that in 2000 Lefino

signed off on Judge M's or My name is Rose Schaefer and I live at 2233 Crab Tree Drive. Thank you very much.

So Lefino had signed off on what Judge MS ordered. He agreed with it. Next thing you know, in 2018, he doesn't agree with it. All of a sudden, what he agreed with in 2000 has become a taking. And so, he gets to go to federal court and fight the taking of what he agreed to. And then the same thing happened again last month. again. Lafino agrees. And then there's another taking. Keeps going around and around. Reminds me of the Groundhog Day movie. Thank you, Thank you very much. Hi, I'm Roger Richie with a 3144 camp and uh in the pictures of the slides shown up there of a of a slide. I think it was 16 and 17 right in there. I'm the very first house to the east. In fact, you can stay on that slide for a minute if you would. I'm the very first house east on Kemp. And one of one of the things I wanted to

bring up, I had a few concerns, but that rendition of looking west at the hotel on the east side of the Burm, that's really looking from right in my backyard. And when I look across there right now, so the uh the very first house at the end of the yellow arrow, the arrow, when I look across the yard right now, I can see most of Milano's building there. So, I'm not sure how that rendition shows with the three-story building. Um, I think it was slide 16, but with the three-story building from my yard, you can only see Um, right there. You can barely see all of the top floor cuz like I said, right now when I look out there now, maybe I'm a little further up in the picture than right straight across. So, I can see all of Milano's building now and you can't even see it in that picture. So, I don't believe that's accurate. Uh, and I have three uh three or four concerns I want to mention real quick. one is um any plan for increased uh or for security. And when I bring that up, there's a couple of things. One, just um you know, so many people population at the hotel there right next door to a residential area. But the other one is that all the hotels around the Beaver Creek area there are often maxed out during sporting events straight down Fairfield at the Nutter Center. So when that occurs, that hotel is going to be packed. Traffic's going to be congested and possibly increase security. And that leads me to another one, the the the congestion that will impact the congestion undoubtedly. Also, I'm not

sure about uh the maps and maybe uh that can be explained further on the uh the access roads because right now they've increased they've added the lane to the right for Freddy's there. But where where will the access road be exactly to go in the hotel? And all that traffic coming out of there is certainly going to impede traffic. It's already busy constantly on Kemp Road. that's becoming a very busy road. So, how that traffic will be handled is a uh is a concern of mine. I'm I already mentioned really privacy. Well, privacy in the backyard is what I was getting at on the first on the first point about being able to see the the whole building there and people just looking straight across into the neighborhoods. Even if you add more trees. Okay, that Thank you. Thank you. Anyone else

taking questions? No, we're just comments.

I guess I'll make a comment. Come to the podium.

My name is Lorine Bowlinger. I live at 2286 Elsaid Drive. Sitting here looking at the property is why is I'm interested in why it's such a likable area because it kind of reminds me of someone who would be trying to buy a delightful pair of shoes in size nine or eight and a half and they have a size 10 foot. Now you can get it into the shoe but it's going to pinch your toes. So, this is kind of a lot that seems like it's going to be awfully congested like kind of been brought up. And the other and the other comment is I'm wonder I guess I consider it a comment wondering how full all the other hotels that we have in that area are. How much? We just got a brand new one. I've been told there have there are nine other hotels, motel, whatever we call them now. I haven't been out to count them myself. And if I were driving and trying to find a hotel, I don't know that I would come all the way down as far as you have to come down to a residential area to uh get a room at this hotel when there's plenty of other hotels closer to the 675.

Thank you very much. Anyone else? All right, with that I will close the public portion of this particular hearing uh and come over to council. We'll go Councilman Der. most of my questions over the specific site plan um to legal counsel. What are you what are the recommended parameters for our decision making in this case? So for the reasonzoning where it's the court has already signed off on the entries, even if you were to vote that down, uh your decision is likely uninforceable. Um I'm believe then the the move would be to file a motion to enforce the judgment entry which would 100% be granted by the court. So you'd have the same outcome but just legal fees added to it. Appreciate it. Secondly, um what about what kind of latitude do we have for additional conditions? Adding conditions in addition to what's there?

Yep. You could add conditions. You definitely cannot change or alter the conditions that were approved by the court or do something that would be contrary to what the court um has put in their their orders. Thank you. Um that's it for now. Mayor, I may ask to come back in in a couple minutes. All right. Thank you, Council Kern. I had a question about the burm. Uh what's the height of the present? Uh I'm sorry, Randy, pardon me. uh the height of the one that was ad was adjudicated resulting in the referendum and so forth. They get what's the height of that?

Um and you can see um not the new one. No, the existing one ends at where I still have those green highlights. Yeah. I believe the one that goes north and south is 15 ft. So it' be on the right side and then the one that goes east and west on the left side I want to say that's six to seven or eight feet kind of tapers. So if I stand on the existing one right now that's already there.

There's two there right now. If you stand on the one that's between the neighborhood, right, that's 15 feet. That's 15 feet high. And then the next one is going to be 7 feet. 7 ft. The other the building is 37 and a2. 37 and a2. There's 140 ftish between the the mound and the building too. So it is not right up against the mound. And plus, so if you live in the neighborhood, you'll see the third floor. Um, you would see the top of the third floor. Yeah.

Top of the third. Top third of the third. I mean, yeah. I mean, the top portion of the third. Yeah. Um, but again, there there are existing trees. I mean you can see right to help not completely block it but you know help break up the hotel and they are and the reason uh from the perspective that the Go ahead. Sure. I I just wanted to correct myself.

I don't believe I'm correct when you I said you could add conditions because this has been in court. All the conditions have to be presented to the court for approval. we've lost our ability to do the our normal process here, right? Um so I apologize that is not correct. We we would have to go to the court and get Judge Mur to sign off on it. Appreciate the update. Thank you.

And with this uh perspective or this point of view here, this accounts for the the mound to be extended to the south further. So it doesn't go quite that far south. And that's why um when you say you when the gentleman said he could see Milanos, I mean that's because the mound stops well before the southern property line compared to what this mound does, our proposed mound. All right. Thank you. And there will be trees planted on that mound. Correct. Correct. Okay. Can I I'd like to piggyback on what council member Curran was saying just so I understand the current mound the new mound will be extended and curve around the corner correct

and go up camp. Well, it'll it'll curve around the corner and then start to taper down as you get towards the entry from Kemp. Right. And it will taper down to seven feet, three or four, four feet

to four feet. So, can you just help me understand the chart that was shown compared to the proposal and how we got from 15t both directions to 15 ft. um behind the homes and and four along camp. Just help me understand that process again, whether that's a court decision or I I just don't understand it. Right. Um Mick, could you put that up there?

With the 2018 order, there was a condition that stated about the mound along Kemp Road and having a maximum of six feet. Um so it changed from whatever the the the 2000 um to a maximum of six feet in 2018. Um then prescribe a minimum and as you taper towards the entrance in order to make room for the parking lot. You're you can only go up so at a certain grade and down a certain grade so that there's only room enough for a 4ft mound. Um because you need six or Yeah. six feet of width for every one foot of mound. Three on one side and three on the other.

Was a retaining wall ever considered? That would be up to the applicant. I mean that if they want to do I mean you'd need to have railing and stuff too because it would be a sharp drop off. But it's a ma it's a matter of if they try to go up six feet there that the the angle would be too steep um for soil retention and erosion considerations. You can't go over 3 to one slope. So there were court decisions that changed from 15 to six.

Yes. That's where Yeah. And I believe Can you pull up my presentation again? I added a extra slide. I mean, any case we got into this discussion find it. Where am I going here? Um maybe I didn't. I added that slide, but there was supposed to be text with that that said that um condition number four or six of the 2018 motion or court order said if the um and this is relates to the Meyer building or the premier building. The mound along Kemp is not part of this the 2018 site plan but um could be a part of another site plan as they move forward and but should not be more than six feet is what the verbiage in that 2018 order was. Why that happened I it's hard to tell. I wasn't part of that in 2018. I was in the office but that I wasn't part of that case.

Was it also a court decision that changed the building height? Yes. And allowed the 37 as opposed to 33 or whatever. Move it up to 40. That's condition nine of the 2018 agreed to entry. Thank you. It's a challenge when you know the courts get more authority than we have on these.

So essentially um as sympathetic as we may be to the situation, we are bound by a court decision. Yes, 100%. I have no questions. We'll move. Um, I guess the only question I have is, uh, there's a a fire station just down there on Kemp. Um, have there been any concerns raised about traffic issues related to this? Well, we we do route any specific site plans to the fire department so they can make sure that they can get a fire truck in and out and they so they're aware that this is coming in. Now, this is part of the impact fee district. So, prior to us releasing a zoning permit for the building, they'll have to pay an impact fee for the the project. Um I can't remember the fee, but it's it's a pretty hefty fee and that goes into impact fee trust that we the city uses to help increase capacity of roadways of the existing system um such as adding another turn lane or adding another lane to to account for that um increased amount of traffic. It was it this this case was in like 1992 and went all the way up to the Ohio State Supreme Court. And so another court decision that we're kind of bound with that we can't stop something from traffic particularly when when we require them to pay traffic.

I was just curious if there had been any concern expressed if you'd gotten any feedback. They weren't concerned with the project specifically. No. Okay. No more questions. Thank you Councilman Gl.

Thank you, Mayor. I only thanks for your presentation Randy spelled out a lot of stuff made and also council thanks for all the information you've gotten to us and I sympathize and empath with everybody that's uh here um we we've arrived where we're at because of things that have happened years ago um before my time um I do understand federal court orders fairly well um I see in the in your analysis there's a specific statement. And here's it states that the parties agree to take any and all responsible reasonable actions and to execute all necessary documents to effectuate the terms of this agreement. That's kind of says it right there. And so I I don't have any questions. I understand where we're at. May Upton

uh public a lot the public part is closed. Okay. Uh we'll give you an opportunity. There'll be another opportunity with the next level. You can speak up then. Okay. Okay. There'll be another public hearing. So, so what we're voting on first or what we're looking to get the motion is on aligning our zoning with the court order, which is what this particular one is about. Correct. So, all right. Mayor, is there anything on top of the building that would bring it above 37 ft? Uh, I think that comes up in the next section. Okay. This is just to align the zoning with that. So,

I'll make a motion to move ordinance 26-03 to a second reading. Second. I have a motion and a second to move uh to a second reading. All those in favor signify by saying I. I

opposed. Okay. All right. Now we get into the next one. PUD97-1 the mod 126. PUD97-1 mod 1-26. An application filed by High-5 Development Services, 202 West Main Street, Mason, Ohio. The applicant requests a major modification to the specific site plan to allow for the construction of a 160 room three-story hotel on 5.06 acres. The property is located on the north of Kemp Road, approximately 500 ft east of the intersection of Kemp Road and North Fairfield Road, further described as book 4, page 6, parcel 123 on the Green County Property Tax Atlas.

Okay. Applicant I'll say nothing to add at this time, but we're here for questions. Okay. And staff has already made their presentation. So, at that, we'll open it up to public input. Please come forward, state your name and address, and you'll have three minutes.

And I live at 2233 Crab Tree. And that's in my plat. That area, we have a lot of children. We have two roads that come from that corner wall into the plats. These children play softball and their scooters and they're hopscotching and everything in that plat. Those roads would need to be closed, especially Felton and Alo. They both come out of the mall area. They need to also block off that there's business on the corner at that corner because I don't think it's fair to the property owners to lose value in their homes because you've got this business on the corner with all these families and they've been there for years. We have a lot of kids. So, I'm hoping that people will think about this for a minute. Thank you.

Thank you. And this is a new public hearing. So, if anyone that spoke before would like to speak again, you're welcome to do the three minutes. Same as before, state your name and address. McFarland, 3122 Donkey Hoodie Drive, Beaver Creek. And uh you have my uh my mod slide. Yes, she has it.

I didn't know who to ask. Monica didn't know who was in charge. She is. Um that that's who's in charge at my house, too. Monica. Yeah. Um so, I wanted to share this scaling depiction with you. This was provided by the developer, I believe. Uh and and somehow that hotel just doesn't look two and a half times the height of the 15t mound. The hotel is supposed to be uh uh 37 1/2 ft. It's not two and a half times. So obviously the view the view shown there is from the perspective of a of a strategically placed groundhog.

It's not the view from the homes to the east, which is which is what it's purported to be. Uh I I've adjusted the scale the proposed hotel to the to to a realistic ratio. Uh thank you, Monica. Uh, I'm not very good at this. So, when I adjusted the hotel, I also made the trees bigger, but but but you can see that that sticks out above the mound quite a bit more than as depicted in the first slide. Um, and we also note that that's a view from the east. Nobody seems to bother with what's going on on the south. So, um, could you give me the next slide, Monica? On the on the left is the slide that's a a picture that was provided by the developer. Uh, it was in in your packet, right? And uh it shows the distances uh to the nearest residences to the east, but it ignores the residences on the south. And uh I tried to give another view on the right that partially remedi remedies this disregard. uh with a three-foot mound or maybe four uh on on the on the west end of the mound. Uh late night evening headlights from big pickup trucks will be shining right over that

into those houses. And the noise from enthusiastic folks getting back from late night dinners will be will penetrate into that. What I show is part of the plat to the south. There's a lot more houses there. So there's every reason to keep the south mound at the six feet. that Mertz said was a minimum.

Mers4, the first house on the east side of the

She got a few seconds of her minute there. Um, so we should at least take advantage of the six feet that MS has allowed us for a mound to protect that development to the south. Also, if there's going to be a hotel, the sidewalk ought to be along the private road. Could could you give me one more slide, Monica? Uh, doesn't show where the sidewalk's supposed to be, but I guess it would be along the uh the alleyway that's that the hotel is uh serviced from for traffic. Um, we walk that regularly. It's not too bad now, but there's going to be an extra 168 vehicles potentially s circulating in and out of that hotel every day if it's built. And there's lots of existing traffic uh from the outlets that are already there and from the uh the hospital and the physicians building and uh so just to encourage pedestrians and uh protect them, we need a sidewalk along there. So, we would ask the council at least to provide as much of a southern mound as possible and to require

the safety of a sidewalk along the western boundary of the proposed hotel lot. And it it it would be nice if for a change council paid attention to the land use plan which doesn't posit regional commercial. This is supposed to be community commercial and to have a development that's in scale with the surroundings with the surrounding homes and the surrounding businesses. Thank you.

Thank you.

I'll keep it short this time. Monica McFarland, 3122 Don Kiote Drive. I want to make sure you understand that we realize that the developer can develop his property. We're not asking for no development there. What we're asking is to have the development be within the scale of that neighbor uh the the the intersection and to benefit the neighbors rather than somebody coming in off the freeway. Um that it's a community commercial uh CPU on that end of the property. If you look at the land use plan, one of the things I also want to point out is that in that court order that we're discussing um when it was changed to 40 feet, the height of the building, it didn't say the height of the building had to be 40 feet. It said a maximum of 40 feet. You do not need to approve a building that is that high. Just says a maximum. Um so what I want to say is that u um I feel that this hotel is not appropriate for the location uh next to family single family homes. Thank you.

Thank you very much.

I'm Roger Richie 3144 Kemp. I just had one more point that uh I didn't get to last time. And that is the helicopter, the flight pattern and traffic going into Premier Health right there at the end. And we see helicopters all the time fly over right over that lot now to avoid housing and everything a certain distance away. So, I just ask that the council uh confirm one way or another that the plans have been coordinated with the hospital also in case there's any impact to high terrain or anything due to uh see if that's a factor as well. Thank you.

Thank you very much. Anyone else? All right. Seeing none, I'll close the uh public portion of uh this particular hearing and we will go to Councilman Bills.

Okay, Randy, I think I might need you. Um, as to the concerns about children and families back on those side streets, I think Felton was mentioned and Crabtree. Um, Avon, do those streets does that neighborhood connect like is it a cut through or is it like an encapsulated like is there any reason anyone would use that to cut through to another area part of town? Let me pull up an aerial here. I just haven't spent a lot of time back on those sides for as far down as clay door. Does it connect? I've gone all the way or run through there. Okay. So, Yep. Mhm.

Okay. That's what I was wondering. It's like would people use that? So, I I guess my question is is there something we can do? I mean, obviously I I can think of things we can do um to discourage people from ever trying to access, you know, that quiet family neighborhood as a way to cut through to keep them on main thoroughares and away from where the kids and the families are like speed bumps, signs, you know, something where people are like, you know, they did that what it was on Lake View, you know, made no one want to drive back there for a cut through anymore cuz no one wants to go bumpity bumpity bump down the street. But

I would leave the the public roadway stuff to uh Mr. Mormon here. Um this is not I mean it's not the hotel has no access directly off the camp. All the access is inside the existing shopping center. There is or development there is a sidewalk that would connect this development to the neighborhood to the east. Um, but from a car standpoint, um, there's not a direct access from this property to the neighborhood. Well, I mean, you turn right out onto Kemp and straight right into the I mean, it's right there.

Yeah, there's an indirect indirect access. Sure. Excuse me. Uh, public section is closed. Uh we can't hear you up anyway because it's on TV and we're we're let's let's do this discussion here. Sure. But that's I was just curious like there's something we can think about in the future perhaps to protect that neighborhood and at least consider their concerns. Okay.

Mr. Morman, does you have anything that you could add to that? Good evening. We can certainly look at some um some possibilities. It would be independent, I think, of this development. It would be something the city would take on, but uh we'd be happy to take a look at it. But, you know, it's not an uncommon thing. We have several streets within the city we we commonly get complaints on about cut through traffic, speeding, and issues of those nature, but we we'll certainly take a look. Thank you. Anything else? Council Kern,

a question for the counselor. Do we have the ability to impact the height of that hotel or is that in the court order or

So, we have some ability. When the court approved the 40 foot maximum though, it contemplated that there would be a visible building above that barrier. So, you need a a reason for lessening the height that's not I just don't want to see the building. Otherwise, it would be I think arbit an arbitrary decision. If there's some other I can't think of there's probably some other legitimate reason why you could lower the height. I don't maybe aircraft flying over or something if it was close to a an airport or something. But if it's just to stop the visual impact of that building, once again, the court would have known when it approved up buildings up to 40 ft. When they were talking at that time of an office building up to 40 ft right next to that mound, they would have contemplated that it would have been visible.

Thank you, your honor. Council L. Thank you, mayor. I have a question for Ren. You may know this off top of your head, you may not. How how tall is the hospital? Uh at least, right? Oh, I was thinking the Premier Health building just to the north of it. That's the pre the sewing is I think it's 95 ft. And then and how I'm actually am talking about the premier health. That's not quite five. I want to say that that's I thought it was at least four. I I want it has to be at least 40 or less. It's 40 or less. Yeah. Okay.

All right. And one other question I had in your drawings, there's a blue circle around those two lots that are in front of I guess it would be the front side of the hotel, which would be the west side of the hotel. Is are those still vacant? Are they part of this project in any way? No, that's where um in the amendment for condition number three where I had stated that there's vacant remnant vacant parcels that are usable other than the number of square foot you're allowed in the PUD. Those those So those aren't part of this. Those would be at a future date. So they still think that they could put something there?

Those Yeah, it's like two and a half acres. Um like one and a quarter on each one. Now, there's a lot of things that can fit in the one and a quarter acres. All right. Um, and this is probably this would be a question for Jeff probably, but Okay. Well, I can try if they where the where the exit where there right now where they're proposing you'd probably everybody would come out. There is still that that inlet only access like right in the Milanos. Is there anticipation for that to stay or would that have to go? This is obviously going to drastically increase the amount of traffic there.

Yeah, I've talked to the owners of the Milano's property and they're with the development of that uh the southern vacant lot. Um they would be interested in removing that. Okay. Uh cuz that was built at a time I believe that there was not this entrance that's across from Freddy's. Um, so I and they don't like they're not a big fan of people coming around that and all of a sudden being right next to their loading dock area or their the makeshift parking lot that they have in that lot.

Okay. And the one last one, the parking lot for this hotel looks completely enclosed. So the only actual true entrance to this hotel is designated right in front of it, right to the west side of it. Is that correct? See if I can get to it. Sorry, a lot of flashing. There's two um one from the entrance on the top of the screen. Okay.

And then there's a secondary one. It's just you can't hardly see it because of the way it's overlaid. Um but there is that secondary access. I don't know if I can do this right there. So on the next screen, it's right here. This is a roadway. I just didn't color it right. All right. So you can get in here and out there or vice versa.

Okay. And I would like to see the developer to seriously consider a retaining wall of some kind maybe on that south side of the facility if that's something that even be considered feasible. um those that you do have residential houses directly across the street there to the south that'll be looking directly into the property all the time. Um it did say six foot was the maximum. I know that you'd have a it's going to taper down. I don't know how how much height three feet is actually going to look like to the people that live across the street other than I guess cars ain't going to drive right through the hell lot straight into the roadway. Um, but I'd like for you to maybe look at it and consider something like that if you could. And that's all I have.

Thank you, Councilman Bails.

Can you tell me who developed the um elevation perspective looking at the backside of the hotel? That was provided by the applicant. Okay. So, for the applicant, Jason Williams, Phoenix Architecture, 9467, Kenwood Road, Blue Ash, Ohio. I think they're getting to that. Uh, there you go.

So, that is taken at 5 and a half ft off the ground at the property line of the residential properties. So, obviously, you know, when perspective happens because of the distance, things cover it more. He is corrected almost correct that if you were to look at it straight on 30 foot in the air yes you would see much more of the building but because of the perspective yeah I just wanted to know what height perspective that you human eye level so not from a cricket's perspective obviously not from the second floors but from a normal person's view at their property um okay thank you

I'd like to piggyback on what Councilman Literal had to say about the 6-foot mound height along Kemp Road. I think that um given the proximity to those um houses across the street, it would behoove us to mandate a 6- foot high burm, retaining wall, whatever it might be, the entire length of to to the access road. Not suggest to the developer because that won't happen but mandate and I think we could do that in a condition um because that six foot high maximum would provide a little bit more relief to

my only question for that is and I think Mr. Mor you might be able to answer it how that would affect line of sight for uh traffic. So maybe it's too maybe it's you know up to the uh entrance or a few feet before the entrance to to allow for that line of sight that I get that but um you know as it tapers down it's going to taper down to next to nothing and right just just like you said we would put the sight triangles at the intersection and we would scoot the wall back to avoid um interfering with with the the sight lines.

Yeah and that would be acceptable to me. Um, but I think that that's important for us to recognize tonight and and make it a condition as opposed to a a recommendation to the I wasn't disagreeing with you. I just want to make sure we have that line of sight because I I know what the police can run into without that. So, no, I and I get it. I don't want to put anybody in danger. Um, so that's if we could consider that. The uh next question was sidewalk. Will that be extended? Is that included? Is it I mean is it it looks like it's it looks like it's there but is I I can't recall on the on Kemp. Yeah. Yeah, that's there now. So, it will be maintained, right?

And it's uh not going anywhere. If it's disturbed, it will be put back. Yeah. If they have to cut it up or to get utilities there or something, it would have to be repaired back. Okay. Okay. And uh the last one question I guess I had was about the helicopter flight. I mean, was there any discussion with with um Premier? We had sent them a notice that the of the the case and the public hearing. We never heard anything back from them. I mean, okay. They got notified. Um I guess it would be up to the f them and the FAA to make sure.

Well, as long as we've notified them that there's potentially a building that's going to be 38 feet tall. Um, yeah. I mean, we sent them whatever public notice that went out to the neighbors here, too. Okay. That's all I have at this point. Thank you. Thank you very much, Councilman Dart. Thank you, Mayor. Um, Mr. Briquette, did you was it you that mentioned the the court made the decision in in 2018 given given the information? Was it you uh legal counsel? Yeah, that's one of the conditions in the 2018 amended order stated the max height for the the mound on the alone camp to be 6 ft.

So in 2020, as I recall, we approved the site specific site plan for Premier Health. We did the ribbon cutting in July of 2021. Uh all of that is new information um on top of what the uh court utilized to to come to its decision. Is there a point at which it's worth sending this back to the court? Uh, is that feasible given that the situation has changed, especially as Mr. Richie noted with a helicopter that flies in this area and Premier Health has not responded.

So, that would be back to the zoning issue versus a specific site plan issue. Um, I mean, I I don't I think the the court this this was not brought up by the I don't know how I'm guess I'm a little befuddled because uh this is an issue that we're just guessing might be an issue and we're not aware of it. If there's an FAA issue, they're going to step in and prevent this. I would assume that they're they would say something that this is illegal. You can't do that that close to the the building. you're getting way out of my area of expertise when it comes to helicopters and the FAA. Um, if the hospital hasn't brought up anything, I'm just assuming there isn't an issue there.

Okay. Um, if they started constructing and there was going to be a problem with the flight path, it would probably be a motion by uh the a cease and desist order by the the hospital or the building there um saying that they're violating airspace or something along those lines. That's helpful. Uh, Mrs. McFarland essentially intimated to us to deny uh, this uh, specific site plan. What happens should we we follow that and deny to deny outright the specific site plan where it meets all of the zoning requirements.

Um, you better have some valid reasons why you're ultimately denying it. Otherwise, I 100% believe a denial would end up in court. Um, and we would be back in the same sort of situation we are with the the zoning issue. Okay. Appreciate it. Thank you, Mr. Bquette. If I am a pedestrian, and maybe this is to the um applicant as well. Um, I want to go to um Freddy's. I want to go to Crumble, Chick-fil-A, Milanos. How do I walk? What kind of protections are in place for a pedestrian from the hotel?

From the hotel. Yeah. Um, one of the conditions is that we're going to, if as long as there's room, we're going to require uh, sidewalks along the access road so that um, people in the hotel can get to a sidewalk down to the sidewalk along camp. Um, a light. Should there be, you know, pedestrian walkways already built into the specific place? Well, there there's one at camp in North Fairfield, which is 500 ft away. Um, but I'm talking through the hotel parking lot to um, we can certainly have them do stripes or something. I'd like I can't recall a time when we had like a push um,

I'm not Yeah. pedestrian activated crosswalk inside of a development. Oh, I'm not suggesting that I'm I'm talking about striping just that there's nothing that really gets me as a pedestrian from the hotel anywhere safely. Yeah, we can certainly have put striping and signs up. Watch for pedestrians because I'm also thinking, you know, if I was staying at the hotel, I know I'd walk to Milanos or Crumble and there's just there's no sidewalk, especially through um through the open lots. Mhm. And that just it it strikes me at night

potentially problematic. Um yeah. Yeah, we certainly can add that on within the uh private roads.

Um when we passed the specific site plan for Freddy's, and I don't know if this has been followed through, but we we pushed it here. Uh it was to coordinate trash collection between Speedway and Freddy's to not interrupt those more than than normal, more is happening now along camp in particular. uh to what extent can we encourage the developer to follow the same trash collection company uh the time just so that residents at Camp Lid aren't being woken up multiple nights a week. Um this is something we we push for with with the Freddy's development. It's one of those um that we can request that the property owner to do that. Now, they have a hard time forcing the the trash companies to follow along with it. Um so, with the multiple trash companies, I mean, you're kind of they'll do what they do. I mean, we can request it and the owner can request it, but if the there's not really a violation if the trash company doesn't follow it other than noise ordinance. Um,

but really, I don't believe that trash pickup falls within the noise ordinance. It's it's one of those really challenging ones to enforce. Absolutely. Just to help the resident should dispass. Um, I think that the the mounding will help deflect um some of that sound. Uh because the trash enclosure is there um along that southern parking lot near the near the uh where it turns to the uh north.

That's right. Yeah, we had you had you move that away from the res. That was my question. Have you changed that? It's over here now, I believe. Right. Instead of down here, it's further away from the residential. It's up in this location. I remember that now. Thanks. Thank you, Mayor. Vice Mayor.

Thank you, Mayor Adams. Quickly finding in the seat my questions get answered pretty quick without asking. I do have a couple questions uh both for staff and for the applicant here. You guys don't need to get up. We've got 25 conditions listed uh before us tonight. I assume that staff and the applicant have reviewed those prior to tonight and everybody's agreeable. Yeah.

Okay. Because we have a potential 26 we may add yet tonight, but I want to make sure we're good on the 25. Um and then uh the only other thing I would I guess question, you have 168 parking spots, 160 rooms. I know the math works. Right. Uh but that gets pretty tight pretty quick on on this parcel of land. Um is there opportunity to expand further than that? Is there appetite to do that? Even they're pretty locked in with that parcel. I mean they've they've um other than it's pretty comp

getting closer to the residential and and we're avoiding that but without throughout this whole development there is reciprocal cross parking agreement so that any overflow can park at the hospital can park well at the medical center can park at the okay Chick-fil-A I mean that's pretty far away but can park anywhere in that develop full we don't need to add more more parking there. Come on now. might be have Chick-fil-A people park here at the Exactly. Exactly. All right. Um, no further questions. I've got nothing else to add. Thank you.

Uh, I might most of my questions as you find out when you sit here have been answered, but the question I had was on trash and you have moved that because I watched the uh zoning meeting and I know there were some issues. I would had some concerns that being that close. So, be up there. Right. The other thing I was concerned about is the size of the trees that you're putting on top of the mount. How big are they going to be and when will they go in I think it was come to the Michael George 6219 center park drive west Ohio 455069. Um it was a requirement I think it's one of the conditions that the trees go in first. I

thought it was and I I saw I know that part but how big are they going to be? Um, I'm trying to remember if they're Thank you. 8 ft tall. So, do we have any And we're talking how far apart? 15 ft. I don't have a scale on me and I'm not the landscape architect who drew it, but I mean, it's essentially tipto tip basically essentially matching the the spacing of the existing trees. Okay. Thank you. And yeah, and that's all I have too. So, anything else? Second helpings over here?

I actually looked at the proposed tree choices and I don't know if they're looking at the putting the spruces on the top of the hill, but spruces have been taking a really heavy hit in Ohio with a lot of diseases, and I would hate to see these 8ft trees put in just to see them die and not serve the purpose. So they might want to look into what's going on. I think the environment it's on the uh developer to maintain that or the land owners if they go if they die that replace them. So

I understand that but at the same time if they're gone even if they're replaced it's just more time when they're not going to be growing and serving the purpose for the residents. I can certainly have I'd be certainly there's a condition that the the planning department approved the final landscape plan with all the species and I can certainly reach out to the like Allison anyone on the I'll reach out to the tree advisory committee and get their thoughts on yeah material. Awesome. You'll certainly defer to Councilman Bills on that because she knows a whole lot more about trees than I do. You know tree advisory or white pines I mean are they doing all right? They just the pines are doing okay. I just know the spruces like I said Allison could tell you all about it. We talked a lot about it um because I know they've been dying all over the city. So, they've removed a lot.

They'll have to bond this, meaning they they'll bond the work before they do it. And then they we hold on to 20% of that bond for three growing seasons. So, if something dies, we can Okay. force their hand to replace it, but they're still obligated in perpetuity to maintain it. Okay. Thanks. Very good. Councilman Bales, did you want to make a

Okay, feel free to revise this as as you see fit, but uh I'd like to add condition 26, which requires a 6ft tall burm or wall along the entire southern length of the parcel leading to the access road. uh allowing for let's see allowing to conform with safe turning distances in and out of the access road on Kemp Road according to our engineering department

second uh before we vote on that Mr. more. That make that makes sense. Does that make sense? Okay. Very good. Thank you. All right. I have a motion and a second to add this condition. All those in favor signify by saying I. Opposed.

And now we've got to the All right. I move for the purposes of taking administrative action approval of PUB97-1 modification 1-26 major on the basis that city council finds the facts submitted with the application and accompanying materials satisfy the standards and criteria set forth in section 158.070 modifications to approve specific site plans of the Beaver Creek zoning code. I further move that this motion with all the following conditions, there are 26, be fully recorded in the minutes of this council meeting.

Second. I have a motion and a second to uh to approve this. All those in favor signify by saying I. I opposed. Motion carried. Okay. PUD25-1

PUD25-1 specific site plan number one an application filed by Miranda Homes 4710 Interstate Drive Sweet T Cincinnati Ohio. The applicant requests specific site plan approval to allow the development of 53 single family residential homes on 25.195 acres. The property is located at 4040 Graham Drive, further described as book one, page six, parcel 9 on the Green County Property Tax Atlas. Applicant here. Yes. Oh, yeah. And you have a clicker.

Perfect.

Thanks. Good evening. My name is Brian Hosel with Miranda Holmes. on the land acquisition manager for the Cincinnati and Dayton region. Like it's been a long time since I've been before you guys since we had a traffic study to do. Okay. So, some of this will be the same. Um but we'll go back through it. So, Ron Homes is a family-owned company based out of Pennsylvania. Um offices in Westchester. Closest communities now, and this has probably changed since I've been here last, are Springboro, Liberty Township, and Lebanon. Um we've actually already opened the Troy location. Um and Huber Heights will be opening soon. We have another site in Beaver Creek Township. So definitely bringing more sites to the Dayton area. As a reminder here again, here is the site. So Graham Drive is the Stub Street to the east that we'll connect to. Bay View Drive is the sub street to the north that we'll connect to and connect through. The site is surrounded by all residential. The land use plan calls for residential under three units per acre. We are requesting a max density of 2.25, although it's it's going to be lower than that. We've lost some there's some lot that's less lots than it was when we originally presented this, and I'll get to that. Um, but results in over 40% of the site being open space. Um, and it's mainly wooded.

Oh, no, not again. So, shut that thing off.

So, here is the site plan as it stands now. Uh, so this shows 52 lots. Uh maybe 53. I actually can't see that. Um but regardless, we will likely be uh based on conversations with the engineer at 51 lots by the time this is actually going to a final plat. Um there is a site that street where they view dead ends and then there's a little culde-sac that comes to the south there. There's a sighteline distance that those have to be a certain distance apart and that's likely going to lead to another lot being lost. So, um, this this is showing 52, but it's probably going to be 51 by the time they're done. Um, another change since the last time we were here, we've been able to drill down a bit more since we've gotten into the site engineering more about the actual size and location of those storm water detention facilities. Those are um just more accurate locations than they were last time. Last time they were kind of a a rough guess. Uh finally, the last thing that might look a little different, we are pretty far along working with the cell tower company to relocate that access. Uh so right now the access comes right off that Graham D Grand Drive stub as a gravel driveway shown in that kind of like shaded um long drive to the east. So it goes northeast. It's that's going to be t removed and and it'll be grass open space and then the entryway to that cell tower area is going to be a little brick looking road coming off that stub street. So, we're currently working with a cell tower company to make that look a little bit better, have it be more secure, and give them a better access off of the road. And they're they're working with us on that because the owner of the property is actually going to maintain that um cell tower lease. We're going to parcel it off and she's going to keep that to keep the income and then sell the rest of the property. So we're currently working with the cell tower company to have that revised.

Um so this is the list of plans and this might have changed a bit since last time too that we would offer in the community. So the smallest ranch would start at 1494 square ft. The largest twotory which is shown in that picture is over 2,800 square ft. um with uh additions a lot a couple of the the two largest homes can go over 3,000 square feet. Um we would expect the average square footage of the homes to be probably 22 to 2400 square ft. Um and just to note all the all the homes have cement um fiberboard siding, no vinyl siding present to the Beaver Creek regulations. These are all the interior features we have in the homes. Um, I won't go through the whole list, but we would expect the average sale price of the homes to be in the high 400s. Um, one thing I'll say that I' I remember saying last time, so we don't spec build homes. We build the homes that customers choose. So, it's sometimes hard for us to guess what the average sale price or what the average square footage will be just because we could have mostly ranch buyers that come in and buy homes and that would bring down the average square footage. Um, but yeah, these are options that are included in all the homes regardless of which one they choose. So, I'll talk about kind of what I've been doing or what we've been working on um since this last hearing. So, excuse me. We've been working with Green County on the sewer water connections. We have the sewer easement in place which will remove that pump station and then the sewer gravity sewer that is in those communities will connect to the south down the Kemp Road via a sewer easement. Um, I go I'll go ahead and talk through that right now. Actually, I'll go to the back to the site plan to talk through that. So, up on Bay View Drive, that substrate is currently has a lift station that's in the substrate. Um, so we will make that sewer connection that'll run to the south and connect to the gravity sewer. We'll make that connection when in the development

phase. And then once that sewer connection is made all the way up to Bay View, then that pump station would be removed. And so all of that sewage would just flow gravity to the south, not requiring that pump station. And I believe one of the conditions is that um the developer will pay to have that removed and the city of Beaver Creek will keep that. And apparently it can be used for parts for other pump stations around the city.

County. Oh, sorry. Um yeah, the county does. Okay, I'll go back here. Okay, I talked through the access to the cell tower. I've talked through storm water management. Um, okay, the last piece, so the biggest one I know there was a lot of concern about in stage one about the traffic impact. So, we did a full traffic impact study and we waited for the school school year to start um just so we had an accurate uh count during the school year. in the conclusion of the traffic study, which is a a process that's standardized throughout the state, uh was that it would not have a significant impact on the traffic in the neighborhood and the um city engineer agreed with that that traffic study. So, our traffic engineer, Michael, is here if there's any questions, and I'm sure um Mr. Mormon would be happy to answer any questions as well. So, this we're talking about conditions. So, I believe there were 30 conditions at planning commission and we were okay with 29 of them. Uh, the one that they added at the very end and I had never heard it before and never dealt with it. Uh, so I didn't really know how to respond to it, but I've spoken to our um construction team and kind of talked through it. So, there was a condition added that said no. And I think the language they used was heavy trucks allowed to drive onto the site between 7 a.m. and 9:00 a.m. and 3 p.m. and 5:00 p.m. Um, there's quite a few issues with that. I I'll go through them. The first one is the intent of it is obviously to prevent traffic coming through at what are normally the peak hours. Uh, but what it would effectively do would concentrate the traffic to a smaller period of time. So instead of having trucks coming through during a 7 a.m. to 7:00 p.m. period, which is about when trucks come through, it would condense that so they could only come into the

neighborhood from 9:00 a.m. to 3:00 p.m. So during the 6-h hour period. Um the second one, probably the the biggest one for us, and I think the third one is the biggest one for the city. The second one is we work with dozens of vendors a week that come to the homes to build them. So, it's, you know, every single piece of the home is is a different vendor. I think it's probably 50 to 60 different vendors that come in. It would be impossible for us to regulate when all of them come and go because they're going to other job sites. So, they don't really know until the morning that they're going to be doing work in three or four different communities, which ones they're going to first. So to be frank, they're going to ignore those time frames because they they can't do their business with with that kind of restriction. And if you do have vendors who we to largely extent can't control, enforcement is going to fall on the police, unfortunately, because I don't think Randy and his office are going to be in a position to to to handle those calls. And I just personally seen that being a a disaster. um to have residents calling every time a truck comes down the road before 9:00 a.m. or after 3 p.m. and having the police get involved for something that I think is actually making that situation worse than it would be otherwise when you have a 12-h hour period where you're going to have vendors show up at 7:00, some are going to show up at 8:30, some are going to show up at 9:00, they're going to leave at 3:00, they're going to leave at 3:30. We in all the communities we've built in, we've never had a a traffic problem because you have this long time period where traffic can come and go naturally. Um, and it 51 homes might sound like a lot, but we don't build 51 at a time. We are usually at any given time building 5 to 10 homes at a time. So, it's not like it's it's this massive, you know, hive of activity. Um it's it's it spreads out

throughout the day pretty evenly. I' I've never seen a I've been to I go to job sites all the time and I've never seen a tra a line of construction traffic waiting waiting to get out of a neighborhood. It just when you have a long time frame it kind of naturally spreads itself out. So my only ask would be that that you remove that because I I think it'll be difficult for a lot of a lot of parties. Um so that that's about the end of my presentation. And these are just some examples of some of the homes that we would build. So these are three or four ranch plans, uh, three models, two of them with multiple elevations, and then these are some of the two-story homes we build. So all the homes have a unique look to them because we do not spec build. Uh, customers choose different elevations, they choose brick, they choose stone. So even though we're not a custom builder, it ends up looking like a fairly custom community because of all the variety of of house plans that we build. So, I'm here to answer any questions now or after uh Randy presents, be happy to step back up here. And like I said before, our traffic engineer is here and our design engineer is here to answer questions as well.

There may be some questions after public input. That's it. Thank you. Okay. Thank you, Mr. Burquette.

Yes, sir. Yes. This is specific site plan number one for the PED251 uh what was reszoned and called the Thman property. It's hard for me to get that out of my brain, the Thman property, but uh the the name for the development will be Creekwood Preserve. And again, they're they're looking to build 53 homes on about 25.2 acres. Trying to make sure I don't double up on what the applicant said. Uh this is part and and this kind of goes to the whole uh process. Um and I've been showing this chart since we started the resoning back in 2025. um where we're in the second phase of the PED process where um city council makes a decision um at tonight's meeting through a a motion um where we're talking about site plan, architectural elevation, street layouts, buffers, um screening, things like that. And then should city council approve the the request, then the last step for the developer would go back to planning commission to get approval of the record plan, which actually lays out the meats and bounds and the and the I'm sorry, the the property lines and all the distances and curves and angles um from a county perspective so that they're legal lot lots of record being created. So, we're here at phase two, step two. Again, the property is located up in the northwestern quadrant of Beaver Creek. Um, this is kind of a aerial photo from an angle. Um, you can see the residential property to the north and the residential neighborhood to the east. and the two stub streets kind of meet in the almost meet in the corner the northeast corner of that property. Uh applicant went through the uh this is

the site plan that they are proposing. Um and again it's the the 53 homes on the 22.5 acres split into two phases. Um, and this is kind of a just a colorized version so you can get an idea of the amount of the property that's the single family residential versus the amount of the property that's ponds or uh green space. Um, in terms of the density um when when it was reszoned um last year they asked and got approved for a density up to two and a 2.25 dwelling units an acre. Um, as they were getting into the engineering of the site and finding that there was some area that they couldn't feasibly put a house on, that number dwindled down to 53 units. So, the the overall density, what they're proposing this evening, is 2.1 dwelling units an acre. So, this is less than what the zoning was approved of last year for this property. And this is also less than what the land use plan, the current land use plan calls for the area, which is up to three dwelling units an acre. Again, they're proposing this in two phases, and I kind of colorized the two phases where phase one is in pink here. They're proposing to start that um later this year. Um where they would construct the 12 family homes, build one of the detention ponds and then construct both access points and along with removing the um the sewage lift station that they had talked about earlier. And then phase two would start uh market dependent but it's anticipated to start in 2027 that's not building design. U just to get an idea the applicant talked about your base price being 400 average for high 400s. Um and for a comparison um we looked at all the sales within a half a mile radius of this neighborhood over the last two years and the average sales price was about

$280,000. We included maximum or minimum square footages for houses and we based that on looking at houses one-story houses within a mile and one story and two-story houses within a mile and found the average of those and wanted to make sure that we're not making that average go down. So that average is the minimum um square footage for a single story and a two-story house for this. You can see they gave you a good list of their their products and and they don't reach those. they don't come near those with what they're proposing. So, it's more should they introduce additional architectural plans that those are the guidelines that the minimum would be, 1250 ft excluding the garage. Um, they did show a lot of the architecture. I just want to show you a few examples of what they're proposing. Um, in terms of the lots within the development, the minimum lot width established in the zoning was 60 feet wide. Um, and all the lots that they show do meet that minimum requirement. Um, also in the resoning, there was an option for either a 50-oot buffer between this product or this property and the or any new lot created within this pro uh project and the existing residential to the north and to the east. Um, because there's a caveat about 20,000 square foot. And if lots are adjacent to the existing neighborhood, then they have to be a minimum of 20,000 square foot. They uh proposed a 50-foot buffer along the the northern and the eastern property line so that none of the new lots would be adjacent to the existing neighborhood. Um the setbacks were established in the resoning, but what they're proposing I mean they're proposing buildable areas you can see on each lot and those meet the the setback requirements that was established in the resoning. All storm water management um requirements will continue to be uh required with this project. Um, and

essentially it it comes down to what we find historically on projects is if the neighbors have drainage issues, these projects tend to make it better because of the the costly mistake if they didn't make it if they made it worse, the cost of fixing that would be way outpriced what the cost of just doing it overengineering it the first time. So, we found that most projects make it a better situation on the on the it's not required, but they do tend to make a drainage better on the perimeter on projects outside of this development. Uh, we talked about the lift station. Uh, that's just kind of location and a general idea what they are. Um, and the traffic analysis. Um, and Mr. Mormon could speak to more to that in detail if if city council would prefer. Um this is with again as the hotel this is in an impact fee district that traffic impact fee district. So um they'll have to pay impact fees before we release a subdivision for each of the phases. And and right now the impact fee for a single uh lot or single dwelling unit is about $1,600. So overall it comes out to about 80 80 plus thousand dollars of impact fees. They'll have to play with this. And there's also park fees and that's a calculation that's a formula based on um value of land and the number of units and average number of people for units. So uh that would be figured out as we get through the the subdivision stage. But the intent of that is to put money into the the park fund trust so that it can um improve the park system uh throughout the city rather than um trying to put tiny little pocket parts in each each new neighborhood that comes in. Um this is just another view of a colorized view of the proposed site plan. Um one of the things that came up and it's not as evident with this view um in this area. Um the the 50-ft buffer

is pretty thin of existing trees and then resident that lives in that house asked if uh you know some trees can be supplemented. So, we'd be looking um to have those additional trees put in if I can find it. Um where I don't know what why it went that order, but essentially putting some um evergreen trees along in that area to help um screen this property. They would be the six-foot trees. We we won't look at um blue spruce trees. We we'll consider white pine on this one. But um typically they're they're planted at least 15 feet apart because if they grow once they grow they would kill each other if they were you know too close together. So we want to make sure that they thrive. Um and there are 30 conditions actually in the the motion for your consideration. Um both planning commission and staff recommend approval of the applicants request and I'll be happy to answer any questions following the public hearing. Thank you very much. And this is a public hearing. So, at this point, I'll open it up to anyone in the audience that would like to speak. Come to the podium. You'll have uh three minutes. Please state your name and address. Mr. Mayor and Council, uh Jim Fountain, 1888 Rich Court, also on the planning commission. So I want to speak to the 30th condition and the new condition that was added about heavy trucks in difference against our presentation earlier when we as the planning commission really spent time with the residents on multiple meetings because this has come up so many times in the past. It was to focus on that this site as viable and as um enhancing as the development will be should it go forward, it's not butdding up to a heavily traveled road like Graange Hall,

Colonel Glenn or Kemp. It's buried landlocked within two highly developed residential areas with kids and buses, school buses and cars. And with the two to three dozen and more of residents who are in our meetings because this has been up to the planning commission multiple times, we wanted to find some way of balancing the two because you have to build this first. So a heavy truck which could be a gravel hauler, could be a cement mixer, it could be anything that's not a van, a utility van, and you have it coming with school buses and kids in the morning and drops off in the afternoon. If you see those neighborhoods with the narrow streets, in fact, Randy, could you put an aerial your aerial head? That was a really good one. You've got uh just on Graham Road, which is the east west street we're seeing here. No, another one. You had the earlier one with the the aerial view. Um you're going to notice that Graham, which has a couple dozen homes and its own feeder of children and people going off to work in the base or elsewhere. And you have in the north, it's a much longer drive to get to to Green Hall Road or to Colonel Glenn Highway, which is more children and more school buses. That's when they go to school and that's when they come back from the school and that's when people go to work and that's when they come back from work. We're trying to find what is not going to block those narrow streets. Bay View North and Graham East West are narrow streets. They're not even like Kemp. They're not sure is not like Colonel Glenn. So the planning commission is trying to be your additional eyes and ears and Ry's eyes and ears to say what can we do to find a happy medium. The happy medium is if you're going to be blocking the traffic with these gravel haulers and smut mixers and other large heavyduty trucks. If not the word heavy, think of heavy duty. What can we do to accommodate what is also trying to take up space on those narrow streets? It's a school bus. It's kids getting their children off to school or the parents getting their kids off to school. And that's why those conditions were put in. Condition 30,

which I personally got the planning commission to approve, was to make sure that there was no construction going on until the lift station was removed. That would open up View. Now, the Bay View people in the audience multiple times didn't like that because now I'm spreading the load over Graham and View. But at least I'm trying to dissipate the vehicle traffic to two streets now instead of just Graham so that kids can get to school, the buses can get in and out and people can get about with their day. So I would encourage you to leave the conditions as the planning commission authorized them because we're trying to find a medium with the residents and we're trying to find a meeting with yourselves and the council. Thank you.

Thank you very much. Anyone else? My name is Susan Camden. I live at 256 Baby Drive. The sewer lift station is in my yard. And when they put that in, we were trapped in our house for ages. So, will we get notice, you know, in case we need to go help a sick relative or we need to go get out of the yard? I mean, I was trapped and I'd try to get the construction workers to move their vehicles and they would not. So, I just want could we get notice that we're working on it this week or something? And then also, uh, where is your construction office going to be? Are you going to be using the house on Graham Drive?

Yes. Yeah. So, most of the traffic will be going there. Yeah. Okay. So, that's where all the traffic will be. All the delivery tickets, all the delivery trucks, everyone will be checking in there. So, we'll have a lot of congestion there. So, I just wanted to bring that up. Thank you. Thank you very much. Anyone else? Seeing none, I'll close the public portion and we'll go with Councilwoman Der. Are you sure, Mayor? I have a lot of questions.

I figured you did.

Okay. Uh, for the record, I was uh the one that voted against the um zoning change on both occasions, but I I come with an open mind. Um, Mr. Briquette, please forgive me for what I'm about to ask. Um, I want to come back to CU19-1, a case that went to the Board of Zoning Appeals on the 11th of September, 2019. And um it came to the board of zoning appeals because of the tor valley tornadoes that came through. Uh this existing monopole sail uh cell tower came down

and one of the issues was that it not only was damaged but there was related ground equipment that was also damaged.

Um to what extent has that been cleaned up? Is there anything on the site that is interrupted based on that change? Because they we then had to put in the lattice structure. It required the variance from the board of zoning appeals to make it a lattice structure that is the current ATC tower that's on the location. So, anything that we should know about on the ground with relation to the previous cell tower and or the damage that came forth in CU19-1. I mean, forgive me.

Yeah, they had rebuilt the power or the tower. um whenever they are doing their environmental assessments for these properties, they they would do some boring samples to make sure that there's not buried rubble that would um destabilize any home that they're building. I mean, that's part of every development and that that would they would certainly do that with this development as well. That's not something that we ever had. We've ever conditioned just because I mean that's more of a self-p police thing because they don't want their houses sinking into the ground.

Um so I'm not aware of any hazards from the tower have previously been fallen. Um that doesn't mean they don't exist, but if they are, then they the homeowner um if it exists where they would be building a home, then yeah, they would or the builder would certainly um fix that before they put the home in.

Sure. Thank you. Um I noted at the resoning stage um four idiosyncrasies of the the site. Uh, one was the um, uh, I believe it was a flood plane issue and it required EPA remediation and I have not seen anything in the packet. The packet is 333 pages. So, forgive me if I missed it, but just curious from the applicant. U, uh, what was the process with the APA? Has that been completed? I don't see anything in the packet. That was my expectation.

I'd have to leave that. I mean, that's really outside the city, so our scope. So, I'd have to leave that to the developer. I know that there's a creek that runs through there, and they have all kinds of requirements with the Army Corps engineer about not changing the flow or or whatever they do, has to meet all Army Corps standards. Um, but specifically to EPA or wetland or anything like that, I I'd have to defer to the applicant on that.

The applicant like to respond, yeah, wetland says, "Thank you. I'm Christy Marshall, 2633 Campbell Road, Sydney, Ohio. Um, we had a environmental report completed and there was no wetlands on the site um but that stream kind of going through or the creek going through the center of the um parcel was deemed regulated stream. So um we without doing any sort of army core permitting we need to um stay away from the limits of that creek.

Mr. Bquette, is that correct? I recall a wetland the reasonzoning. It was it wasn't large but it was a wetland designation. I'm having a hard time recalling, but I'm not saying sometimes you can use county data that's, you know, very very broad or outdated or anything like that. I mean, if they did a study on the site, you know, I can have our engineer um

see that certified study as part of the construction drawings um to ensure that if in fact there is no wetland, then they don't have to do but if there's some disagreement on that, then they would have to follow any Ohio EPA standards. I I don't doubt the account of the developer, but I what I recall was a small portion in the northwest area of the the site that had had that issue. Um Okay. Please, please. Yeah. So, we did do delineation because we don't want to build a house on a wetland. That's a bad idea. And I think it was just off the western edge of the property on that neighboring property. It was not found because we wouldn't have lots anywhere that's a wetland. We were I mean the stream was the only thing that we really had to be aware of.

So it's off the site off the west but not much. Yeah. Uh if I recall Yeah. Although we didn't do a lady h on that property but it I did look at that property and I think that is likely where that is.

Okay. Thank you. Thank you. Uh I wanted to come back to a question from Mrs. Camden about the lift station and I asked at the resoning phase. Uh, and I appreciate the the the cander and the humility of the applicant. And I and I asked the question of whether uh Miranda Holmes as in the experience with the removal of a lift station uh the implementation uh of of a new system and and you said no and again I appreciate the honesty with that. Uh do you have any update? Do you have any sense of doing this well? Uh what can you say to Mrs. Camden to give a level of reassurance. Uh this is a neighborhood that has had numerous issues with uh flooding of basement, water runoff, these types of uh uh points. Um again, I I'll say something I did at the resoning phase. Uh that is my, you know, my kids go to school with the kids in this neighborhood. I I hear about uh issues with regularity. I don't doubt that the addition of detention ponds will help, but I'm concerned about the whole process of the lift station removal.

Yeah. Um, so I'll start with the storm water one real quick. So, yeah, right now the water on the site just goes wherever the water goes and it we have heard people say that it's it's flooding backyards and things like that when there's a lot of rain. So, this development will help that because we we have to fix that issue or else they won't give us a grading permit. Um, so the storm water will fix that. Regarding the lift station, yeah, I mean, we have not had to remove one of these before. Um, so just so you guys understand, Morana Homes doesn't develop. We hire a third party to do that. Um, we don't know who that is yet because we don't engage them until after we have all of our approvals. So, I have not had that conversation with them. I have to imagine that. I mean, they're companies that do work in Cincinnati and Dayton. I have to imagine that they've dealt with it before. I'm sure the engineer has specs on it and the engineer will work with them on that especially since they'll have to be I would guess involved with that at least providing some um oversight. Um so I mean all I can do is is give um the I can't remember her name lives right next door um our assurances that we'll give her a heads up when we're going to be out there. They'll show off contact information. If she has to move a vehicle they'll move the vehicle. Um, I mean, as as far as I've only had one conversation with somebody that has heard of one of them being removed, and he was like, I can't imagine it's more than a couple day job.

Okay. Couple work days. It's a lot easier than installing it than it is to remove it. Okay. I just I know there are others on council that have experience with with this and it it strikes me as a significant issue, but installation is different from removal. Yeah, that's for sure. Okay, Councilman Bales, at at some point I'd be curious as to your opinion. You raised good questions. I I'd be interested in in maybe knowing some more specifics like how deep is that lift station? Do we How deep is the pit? 27 27 feet. Okay.

I mean, it's it's going to be some significant excavation engineering. I'm sure your firms that you've hired can handle that. There are people that handle it. It's just not going to be a quick process. But the actual connection from the existing sewer to the new, that won't take long once it's all excavated. Do you have to know the depth of the sewer at that stub street or Bay View roundabout? So what would have to happen is we would start in the south where the sewer ement is and dig up to it

and then I mean I I imagine you're digging down on the on the south side of a View removing the lift station and then since it's a gravity sewer it's not like you have to fill it in. you're just, you know, finishing trenching and then connecting to a sewer because the sewer runs north of there and it will run south of there. So, yeah. Yeah, it's not an easy project, but it's it's been done before and I'm sure that they they can figure it out. I think we have the depth on that to

I mean, it's just all is all engineering, right? And so I mean if it's got to go deep, it's got to go deep, but it's got to me mesh up with the existing sewer system as well, like camp road or wherever. So So gravity flows. Yeah. Thank you. Um Mr. Briquette, ATC tower is 164 feet. Is that correct? The lattice style American tower. That sounds It's been a while, but I remember it being in the 150 plus range. So to the applicant, who's going to buy a house next to 164 foot

tower? That's the easiest question that I've had so far. So we build next to highways. We have customers buy under power lines. We have we have a site in Milford where there's a gun range and a sewer treatment plant next door and we've sold it out very quickly. So you'd be very surprised. Yeah. I I want to live in nice. No, I mean it's it just depends on opinion, right? Yeah. U but on a more serious and specific note, um on the map number 51, so if I which is I I'll point to it. Yep.

This one here. Let's let's say I purchase it. Uh there's a right of way from what I can see. eyes aren't perfect. Um, it simply means the owner cannot uh build put a shed any exter excess exterior building in that location, but otherwise can use yard space.

So, those are so we're going to remove the actual gravel access drive, but there are still buried utilities in there. So we often have lots that have buried utilities and there's an easement and they can build a fence, but the easement says if they ever need to dig it up, that company can take down that fence if they need to get into it. So it'll be buried lines that run to that cell tower under there with an easement. Thank you,

Mr. Burquette. And uh Mr. Lounsbury, a question for you. uh section 158.031 of the the zoning code pertains to residential neighborhoods. Uh specifically, I'm looking at section E2 and and one of the reasons I voted against uh the the reszone was an issue of um let me find it and read it for you. Uh E2 um gosh I can't see it. Speaks to uh publiclyowned or leased buildings, public utility buildings, telecom telecommunication exchanges, transformer stations and substations. Is the ATC tower uh allowed under our zoning code within a residential neighborhood? I think it would be grandfathered in at this case if we're putting a neighborhood around it. If if were there weren't a tower there now and then they came in at a later request to put a tower in, then we'd have the ability to say no, it doesn't meet the zoning. But we kind we changed the zoning around the tower. So, it's more of a grandfather issue. Um it's a non-conforming tower. I I think I agree with that analysis and I'm trying to catch up with reading this.

No, that's quite a right and again forgive me give you a more definitive answer. I would have to look at the zoning code a lot longer just to see what the where the allowed uses are for that that tower. I'm just trying to read and I'm skimming. I'm I admit to this, but it looks like that would be a conditional use under that section that you just talked about, but I haven't read this

in context to give you I think a definitive answer. If you need one, I can go back and do some more additional research at a second reading. It's something we could This doesn't go to a second table. It would be It could go to a second reading. Okay. Okay. Um, we have three. Are they detention or retention ponds? Retention. Wet ponds. Wet ponds. Okay. I see the depth of only one of them at 15 ft. The one in the middle. What are the What are the depths of the other two? And

again, forgive the eyes. Could be hard to see. But I don't see a listing of the the depth. Yeah, that that more gets into the when we get to the um when they get to the actual construction drawings that the the the engineer our engineering department would approve. Um like these are 60% engineered, but they they do the 100% before they ever start grading.

We get the depth. Maybe the applicant knows more about the depths of the other two. Uh like Randy said, they're not fully engineered, but typically um if they're a wet pond, it's like a minimum of 4 feet of water essentially. Um but it can go up to 8 ft deep. Okay, thank you. I'll leave it there for now, Mayor. Thanks. That's why I went to you first, Councilman Bales and then I come to you.

I'm sitting on this side of I know that's why you sat there. Um, all right. At the very beginning of your presentation, you mentioned the um line the lines between the the first culde-sac and vay view and um and how how they were too close or too far, you know, too close. They were too close. So you

this is the version where they're moved further away to comply. So, oh Chris, you correct me if I'm wrong, but they have to be further apart, which is causing that lot, which I can't see the number of, on the corner, right next to where the stream is. It's going to cause that to get pushed to the west too much that we have to remove it because it's going to be in the stream. Is that right? So, that culde-sac is going to get shifted a little bit to the left. it's going to push that lot too close to the stream and we're going to have to remove it because there has to be a minimum distance between center lines between those two streets if they're offset.

I I completely understand that. So, we're not really looking at the specific site plan that you want us to approve. So, it's not uncommon to lose lots like that during the final engineering part of it. I would leave it up to Randy if he thinks that this is something that needs to be addressed. Now,

we've had we've had other projects lose one and particularly if it's losing one. Adding one would be a different story. Uh but losing one and slightly adjusting the access points that's allowed within the administrative PUB. Okay. My my other question related to that is since you're going back to engineering, is there an opportunity to line that up with Bay View? Um, I mean it would make much more sense from a traffic perspective. So when I initially approached the cell tower company, that was our approach and they said none of those utilities can be moved

in the back in the rear of the property there. Yeah. So where that that um kind of dotted line where the access currently is, there's buried utilities and if you shift that street all the way over, I mean the this the street would be where the cell tower is, those all three of those lots would go away. I mean, you'd pretty much have to lose close to all of those lots if you were trying to line those two up. It just wasn't feasible to do.

Thank you. Um, the construction traffic time. So, for council's uh understanding, uh I'm I am living next to a new housing development. I am the last existing house on the street and all of the houses to the east of me are brand new this year. Um I agree with the developer. It will be impossible to stop construction traffic trucks from coming in and out. But I am super sympathetic to the neighbors because I'm living through it on heavy trucks at 7 a.m. and and and concrete trucks at 7 a.m. and the backup alarms at 7 a.m. And so I am inclined to leave that condition in even though I understand it is virtually impossible to um regulate enforce. But I guess my question to Randy and the staff is is there a penalty? Is there any type of recourse for these actions? Because I mean, I'm telling you firsthand, it is a nightmare. As as the applicant alluded to, it's a very and you it's a very challenging thing to try to enforce. These are

public roads that are that were dedicated for public use. Um, and it would have to be a police giving a ticket. If if I guess the city would have to create a new law that says trucks can't use that particular street in an ordinance um is how I would envision it. Now we can further define and see if we can work with the applicant to further define what heavy truck is so that when they're when it just the or attempt to when it's just the framing, you know, when they're bringing in a whole flatbed full of all the the the pre-constructed house, all the wood or the cement mixture, those are the biggest, heaviest trucks. U but not when it's the plumbing contractors or the drywall contractors or things like that. I mean, we can narrow down what heavy truck is so that the most egregious ones don't come through at a certain time. Um, that would be easier.

I just don't know what enforcement opportunities we've got. I mean, yeah, we can put it on paper, but what happens? I mean, you've heard or Jeff and his team have heard from me multiple times about construction traffic after 700 p.m. or

and that's easier to say at 7 p.m. you have to close, but to say you can't use a a public road, like we could say they can't be on site at 7 p.m., but to say they can't be on the public roads at 7 p.m. is a lot more challenging. like we can stop the private development portion because we can just give them a zoning zoning violation, but on public road that's that's more enforced by the police department. Well, then we'd have to restrict the garbage trucks too because they would be classified in that area or the school buses. Yeah, school buses would fall into that as well.

I'm trying to think through how we can do this. What if the city sent us the schedule for buses and things like that and we sent it out to our contractors and said, "You're going to get stopped in bus traffic. You show up during these times and they will be motivated to regulate based on that because they don't want to get stopped by buses when they're coming in and going out." I I can't think of a way that like you that we could regulate this. But if we put it on them to say you're going to get stuck in traffic behind a bus for 10 minutes, come down the street, don't show up at this time, then they might regulate themselves at least a little bit better. That's all that I can think of is to let them know this is going to be a pain in the butt for you if you show up at this time and they'll self-regulate because they don't want to waste time. I think perhaps the the most appropriate thing for you to do is to send that letter regardless of the bus schedule. I mean that the bus schedule is is what it is. It's 7 to 9 Monday through Friday and it's 3 to 5.

Well, I mean specifically on that street, what time do they pick up? Not that I'm not going to tell them, you know, can't tell them whatever, but I mean specifically trying to at least incentivize them to not show up during that time the best that I can. Understood. Yeah. Well, it's a it's a real pain for the neighbors. I'll just I'll be honest with you and they'll understand.

Uh okay. I think the only other comment I had um and it's not for anyone uh specifically, but it is about the the buffer buffer 50-oot buffer between the neighborhoods, which is not really applicable for this specific site plan. It's it is what it is because we approved it in zoning. But I will tell you and I will tell the rest of the community that I wish I would have caught that sooner during zoning because th those lots that 50-foot buffer is a way in my opinion to circumvent zoning and um to allow for those small lots that are 50 foot adjacent to the existing lots. um is a shame, but I know there's nothing we can do about it right now, but I will be looking for that in the future. That's all I have.

Thank you very much. Councilwoman Bills,

you guys do such a great job of asking questions. Um yeah, I I am sympathetic to, you know, what you just stated about the the border. um you know kind of creating an artificial lot size situation. Um I guess my main question is the traffic study um while the traffic study may not make this situation worse, it's already a really kind of crappy situation. Um, and I guess my question is like is this going to be addressed at a later date if it's not going to because obviously it's not part directly of the housing development, but that was not a great uh traffic study grade.

It definitely wasn't glowing. Um, and I'll defer a little bit to um the law director and the city engineer, but from my my take on it is that you can't use an existing problem to stop a future development, right? I'm not putting connection to

Yeah. when they're pay they need to pay impact fees. So those impact fees can be used to improve Graange Road or Kemp Road or wherever the the city in general feels is most appropriate. Um, but I think that and I remember this Josh or the law director talking about this at another case is it's not the developer's problem. It's the the existing issue is not the developer's problem. It's the city's problem. And so it's the city's issue to fix. That's the standpoint that and Josh tell me if I'm wrong on that. I can have it like I saved a bookmark for my

easy access to on the Supreme Court. Um, traffic regulations might happen to be a quote byproduct of zoning activities and quote increased traffic flow is not sufficient reason to strike down a zoning ordinance that is from 1942. um an eighth district court citing that admittedly traffic patterns should be taken into consideration when multip municipality designs a comprehensive zoning plan. However, the problem of additional traffic hazards must be secondary to the right of the property owner to have and use his property in a manner that is consistent with the location. So in short, the courts have said you can't regulate.

And I I understand all of that. I'm saying separate. I'm saying we now have this report. We know that there's a problem beyond this development, not about this development. I would not want to see the information that we've just gathered disappear because this is a problem. Clearly, by the grades of this traffic study, this is not good for the people that live there. So, I would hope that this information wouldn't just disappear after this housing development is over and we could look into how we could make this better, separate from this particular issue on the table today. Does that make sense?

So, absolutely, when the city is deciding when to widen roads, what to do, those are for future plans. And I'm sure Mr. Mormon has has thought of those issues. Those were pretty awful um scores. It's always a question of whether there's enough money to fix the issues. Sure. I just don't want to see it disappear into the ether and and and never um get addressed. Um I had another question. Um all right, I'll let it go. I'll see if the question comes back to me. Thank you, Councilman Kern. Thank you, Councilman Literal.

Thank you, Mayor. I don't really have anything. Um I appreciate all the work the planning did. 30 conditions. That's probably took a lot of work to get through all those. Um I don't think we've nailed anything down yet on the what we're going to do about that condition 30 or rule 30. Are we changing any language in it or do you think it should continue on or I do like the idea of making contact with the schools? Um, of course, we don't have the school to find out exactly when they're on those streets for access. And I think that the uh definition of of a uh what you're calling a heavy what we're calling a heavy work vehicle should be addressed in that specific uh which number was it? Actually, I think it was like condition two, wasn't it?

Two.

Yeah, it was condition two. I was thinking um ex even if it even went down to specifically the grading and a lot of the work that's going to be done with the heavy heavy machines, you know, you're going to have problem. you you're going to end up you need to let your they're going to have to know that they may not even be able to make it down the street past the bus in one of those large dump trucks, you know, especially with cars parked on the street because people utilize the streets down through there to park their cars. Um I'm open to suggestions on how we should word this if if it would I I don't think the change in the times is going to change. I I like the way the the intent behind the times. It makes sense, but I don't think it's realistic to make it happen. I don't like the idea of saying, "Well, we'll leave it in there even though we know it's not going to happen." You know, so either we need to decide there something that we already determined there's no real enforcement of this. So, should it stay? Does it make sense to leave it to continue to vote on it? Because if it doesn't make sense, there's no reason for that condition to be in here. So either we strike it or we find a way to make it enforceable. I would advocate that it stays and we continue maybe to talk about a little bit more. I will tell you that um this condition, the way I understand it is that it's not going to it's not going to be um a problem only when they're building houses. This is from like day one. They're going to come in there with large apparatus to basically clearcut right

that entire site. all those trees out and grade for two weeks straight or more. And then you've got all of the infrastructure. You've got the sewer lines that are going in. You've got the water lines. You've got all the storm sewer. All of those types of things. Uh there will be a large equipment on that site for um you know, two years straight. Yeah. But I agree with the builder. You can't expect them to be able to get this accomplished in a six hour workday. It's unrealistic.

I would say I really appreciated the suggestion of um the applicant. Um I think self-regulation that would that would be the direction that makes most sense for me because I think it's motivating. If we can get them that information, they don't want to be inconvenienced anymore than, you know, they don't want to get stuck. I drove down Graham Drive today just to kind of get my eyes and those streets are narrow. Mhm. So,

and again, this this condition just limits uh the entering and exiting. So a lot of in the beginning a lot of those heavy machineries may be on site for a few days or a week or two weeks or whatever for a while without entering and exiting.

But when you get to the concrete trucks are coming and going all the time. I think we could provide the applicant with we could get them in touch with the school transportation. Yeah, I mean that's going to be critical to know that what times of day they're on those streets, but I mean I'm okay with leaving it there, but I I don't think that there's going to be any enforcable conditions that are going to be placed on this in the sense of it. It needs to the the the the very first sentence where it states construction for any grading or or I didn't say or any grading and exterior work. What do they mean by exterior work? What does that mean?

Um, we typically word that so that um if a house gets under roof and the plumbers need to come in at 4:00 in the morning, I mean, they're not making noise outside. They're they're in inside. It's it's mostly for like framing um so that they're not doing the pneumatic hammers at four o'clock in the morning. Yeah, if the plumber, electrician wants to go in at midnight and do their work, that's not really affecting affecting the neighborhood any that's just that's why we call it exterior work. So, it's the shingles, the roof, the you know, okay, the siding, the concrete work.

But the only vehicles you wanting to limit are your heavy tandem vehicles is what yours what that's commissioned. Yeah. Okay. Yeah. I'm okay with it. Just just know it's going to be a problem for you for the builders, you know. But again, what is the recourse? There is. I mean, there's nothing out that we can outline tonight for recourse. Right. If we put this condition in and choose to enforce it, we then have to back up and create the ordinance. Right. Right. Establish what the the punishment is. Right.

Uh and then enforce it from that point. And I don't even know we can go backwards and do that. Right. Everything after starting with heavy and tandem vehicles entering and exiting between those hours. The problem is we come up with unintended con consequences in because now you can't get a trash truck back there. He's not allowed. Buses even can't go back there. It's just entering and exiting the site. They Yeah, they won't be. Well, but you know the buses are are going to be they're not going to be there for two hours. No, the bus line probably takes 20 minutes to go through that whole plat. So, I mean, if you find the times, I think that might be good. Three times a day. I just don't see where it's enforceable. I, you know, chief back there, I mean, you'd have to have officers there for two four hours every day,

you know, and I don't think you're going to do that. U, so it's it's not enforceable in my mind. I love the concept as someone similar to council member Bales that uh at one point lived next to a new development that 7 a.m. quickly becomes 6:45 a.m. Right. And unless someone's calling them out on it, uh it then becomes 6:30 a.m. and it's 7:30 p.m. So I love the idea that we we have the limit 7 to 7, but then even further from our plan commission. Uh I I I just love it. I wish we could find a way to enforce it because I would do that on every one of these.

Um I did have uh you know your turn. Yeah, I'm sorry. Um that's all right. One phrase came up earlier, public roadway, right? These roads are public roadway. Um we can limit construction hours on site, but we can't limit, in my opinion, usage of the road. Great.

Right. We just can't. uh if this was a homeowners association, uh we could work with HOA on that, but that's not in this um this scenario. So, as much as I love it, Jim, I we just can't enforce it, you know. Uh additional comment for me to the applicant. Um I appreciate the forethought on the on the traffic study. Um we I think oftentimes rely on our staff and and uh team to put the traffic site. So, I appreciate you guys doing your own and and I'm glad it uh met with Mr. Mormon's approval. Uh so, thank you for doing that.

Yeah, most of what I wanted to talk about has already been addressed. Uh dealing with timing, I I just don't see where we can enforce it. Uh, you know, I I I can't see our police department staying out there and and watching that four hours every day. I just don't see that happening. Um, and as Vice Mayor Upton says, they are public roads. Who to restrict who do we restrict from public roads? I mean, when it comes right down to it. So, we'll have to look at that. The other thing, if you're going down to 51 units, it's actually going to reduce your uh dwellings per acre to about two, isn't it? If you lose that one,

um I don't know the exact calculation, but one thing to note, I don't know if this is part of the calculation, but um that piece of land with the cell tower is going to be removed. So, it's going to lower the overall total acreage of the site. Okay? I don't know if that is affected in the calculation or not. Um and one thing I want to add just because it's been talked about, um I mean, I I give you my word. We will try to get construction traffic to not go when the buses are gone. um we have a good construction team. They um we want to be good part members of the community. We want to uh not inconvenience anybody and we don't want them sitting in traffic obviously. So um I mean that we'll pass that along and we can get in touch with the school district. Uh we'll make every effort to do that. I give you my word.

The only other thing I had was on the list station. And I know we've talked a lot about that, but I know I think one of the conditions was you take care of that before you do any of the other construction. Yeah. So, we would we would have to that we would have to remove that before we connect any house to sewer because it has to be gravity fed. So, that would be the first thing. So, just you guys understand when developing the site clear cut well clearcut everything that we have to for roads and houses. So, clearcut grading and then they dig the sewer and make that connection. So that'll be the order of operations and that comes before obviously um water lines, that comes before electric, that comes before roads, curbs, all that kind of stuff. So it'd be pretty early in the process. Okay, thank you. That's all I have. Anyone else?

I thought of my question. So we've been talking a lot about the age friendly survey and ranches um being available. I think you had four three or four different choices. Um I was curious kind of with a typical um what what are the results that you're seeing? Um how many ranches? Because I mean I'm just wondering like Yeah. I mean you'd hate to see a thing like this go in after we've put all this effort in to talk about being an age friendly community and with an increasingly aging population and then end up with no ranches in the neighborhood. So,

we always recently we have been seeing more ranches than we think we're going to see. Um I mean I think the average age of a new home buyer last year was 56 years old. So yeah, so we're seeing a lot more ranches price point and that lends itself to one one story, right? Okay. Do we want to address the uh one condition?

Second. I have a motion and a second to uh strike the last sentence in condition two. All those in favor signify by saying I. I. I. Opposed. I Let's do a roll call, please. Yes. Vice Mayor. Yes. member. Yes. Dur. No. Council member, yes. Council member Bale, no. Mayor H. Yes. Okay. Now I need a motion to address the amended.

I move for the purpose of taking administrative action approval of the specific site plan for PUB25-1. specific site plan number one, Creek Wood Preserve, on the basis that city council finds the facts submitted with the application and accompanying material satisfies the standards and criteria set forth in section 158.066, approval procedures for specific site plan site plan of the Beater Creek zoneing code. I further move that this motion with all of the following conditions, there are 30 29 29 there are 30.

That's right. With number two being modified be fully recorded in the minutes of this council meeting. Have a motion and a second to um approve the specific site plan. All those in favor signify by saying I. I. Opposed? I mayor, would it be possible to get some followup? And I I I I do not stand in the way uh council has spoken, but I would like follow up on my questions with regards to the EPA and section 158-031.

And I think that falls on the applicant to work with the EPA if I'm not mistaken. So if once you get a report back from them, could you report back to us? report to Randy uh but keep us informed and all that. I would appreciate that. Thank you, ma'am. Thank you. Okay. PUD26-01.

PUD26-1, an application filed by Woodward Woodard Development LLC, 505 South Jefferson Street, Dayton, Ohio. The applicant requests approval to reszone 8.916 acres from A1 agricultural district to CPU commercial planned unit development. The property is located at 3676 Colonel Glenn Highway. Further described as book one, page 10, parcel 1 on the Green County Property Tax Atlas. Ordinance 26-04, an ordinance reszoning 8.916 acres from A1 agricultural, further described as book one, page 10, parcel one on the property tax maps of Green County, Ohio to CPU 26-1, commercial planned unit development.

Is the applicant here? Thank you for waiting patiently.

I tell you, I applaud your perseverance. You guys do a phenomenal job. Thank you. Um, I know pay isn't great for what you guys do. So, for you guys to stay here like this says a lot about you and your commitment to this city. Um, good evening council. My name is Todd Duplain. I'm with Woodard Development. I'm I'm grateful for the opportunity to be here. Um, we are Wright State University's agent and developer on this property. I think you probably have a package. You know where it's at. It's right on Colonel Glenn. It's effectively the one of the front entrances to the university. The university has had a goal for quite some time um to enhance the front end of of their school and to provide some amenities um restaurants etc that I'll get into to largely benefit the students the faculty uh the other administration but it will also benefit the community and and that's what this project is all about um the university and water development so again they're the landowner we're their developer are committed to creating a class A retail dining restaurant uh development here. I can assure you um both the university and water development are very aligned on what we want this to look like ultimately. I know we're here just for resoning. We're not specific site plan. We're not asking for any uh specific site plan type uses or designs, but ultimately we have had um probably two years worth of conversations with the university about what what the vision is, what this needs to be, and we'll we'll start rolling that out assuming you approve the the zoning choning change. I can tell you again the primary market for this development will be the university students, faculty, staff, but to be clear the nearby employment centers such as Right Patterson Air Force Base I suspect will also use some of the uses that are within this development.

Um I the main goals I would say of the university and us as the developer are one I think um I I feel very comfortable telling you we're going to elevate the the architectural uses up and down Colonel Glenn. I think what the university's vision is and what we generally develop um will elevate that that corridor too. Um we want to keep part of this is keeping the students safe and on campus. Right now there's not a lot of options for them to pursue whether it's you know getting a bite to eat or a cup of coffee. they generally have to go outside of of campus and this will provide and uh give them an opportunity to stay on campus and walk to this this this venue. Um the third element I would say is this is really in right state's vision to advance um their mission and their goals to be that to provide for the next generation of our students in terms of attracting kids that want to be on campus more that want to have more opportunity to stay there rather than have to and I love North Fairfield. nothing against Northville Mall, but this will give them the opportunity to stay more on Colonel Glenn. And so that is the primary goals of that. Um, we support I think the plan commissions or a couple of them are still here. We fully support their recommendations. Uh, their recommendations as you've probably seen is for fairly tightly conditioned CPU in terms of uses. Um, both water development and the school support um those uses effectively. I think what they did is they crossed out a number of of uses that they did not want to see and we fully support that. So with that, it's been a long night for you all. I'm here obviously to answer questions. Um but I'll leave my comments there for now. Thank you.

Thank you very much. Staff, Mr. Briquette.

Yes. Good evening. This is uh PUD26-1. with the reszoning as the advocate say for about nine acres of land um on the northern section of Beaver Creek along Colonel Glenn. Um going the wrong way here and just to go back to my two-phase process slide that I like to show this is um step two of phase one where we go to uh city council for and ask them to move the ordinance that's included in your packet to the second reading. Um, tonight we're talking about specific uses of the PUD. Um, and then general setback issues. Um, but really try to keep the specifics for the aptly named specific site plan phase. Um, and just kind of get the the the general picture on the resoning. Again, the property is located on the very far north end of of Beaver Creek abuting um it abuts Wright State University. Um this will be a unique project in that um as part of they're reszoning the Beaver Creek portion and right now I know Fairborn it's got planning commission this month that's going to be reszoning where you see in the light blue hashed area into a PUD and they're going to take the conditions that we um have proposed here with this ordinance and have very similar if not the exact same um conditions in their um PUD ordinance so that it's a seamless transit. it can be all one unified that crosses city boundaries. So it should be and water district boundary too. So it should be an interesting project um um utilizing Green County water and Fairborn water and um two different jurisdictions having taxing authorities and different. So um our portion is focused on the red the red outline which is the nine acres um that you see here. It's just to the east of the meer which and the college station which is the

multi-tenant building you see to the southwest of this site. Um I include usually a map of everything within 500 ft. You can see it's majority there's not really any residential other than up in the northeast corner where there's some town homes. Um, back before we went to planning commission, I heard from some of the owners of the town homes and they were just wondering if this was going to if they were going to take out that pond that you see that's half on this property. And um, talking to the developers, no plans to change that pond at this time. And if they do, the capacity would have to be still fulfill all the requirements of the storm water detention ordinance. Um, but right now there's no plans to move that pond or change that pond. All the development would occur south and uh east of the access road which will actually be aligned realigned a little bit when we get to the site plan phase. Um it follows uh the proposed request does meet the uh conditions outlined in the land use plan in that this area is considered regional commercial office on our land use plan which is to provide a full and uh variety of commercial aspects for not only the surrounding area but the region as a whole. So um this would be an extension of the regional commercial that you have just to the west and just to the south. um mainly focused on the right state university but as applicant said um not only focused on the right state university students um so that we can encapture some of the right path maybe and other people people in the area. is kind of a oddlook map, but I was just trying to kind of where the thick blue line is the city boundary where um when you try to mesh two zoning maps together, it gets to be very complicated. But basically, we have com other than the A1 that we're talking about here, there's commercial to the northeast and commercial to the southeast and commercial to the west and

southwest. You got a little bit of residential um to the northwest in the city, but there that is buffered with that um large size storm water uh detention pond. So where we started with was the B4 uses and then started taking out uses uh proposed to take out uses that we didn't think either fit um from a philosophical standpoint or a use compatibility standpoint with the the school or the neighboring businesses or we knew wouldn't fit from a size standpoint. Um and you can see all these uses here. you know, builder supply stores, animal daycare. Um, those typically have the small amounts of outdoor pet areas. So, we wanted to keep those off the Colonel Glen Highway, car rental service, vehicle repair stations, just things like that. There's a a list. Um, and so those are the proposed uses. Planning Commission agreed with these uses, the same uses that they saw to strike from the B4 uses. Um, a few other conditions that we typically include with resonings is four-sided architecture. U particularly on this one because there will be four sides um that face roads. If you look at um the north would be the access road, the west would be the access road and the south will be Kong Glenn. So um there's not going to be really any building that is not visible from uh high traffic. Dumpster closures um need to be enclosed with brick or other material that the buildings will be constructed out of. Setbacks will be established at and access points will be established at the site plan stage. But there one caveat with this particular one. No direct access off of Colonel Glenn. They've got a good access road to the west. It's got a traffic light right out to Colonel Glenn. There's no reason for them to add another curb cut onto Colonel Glenn and they they don't have a problem with that. But I just want to make sure should they walk away, the next owner wouldn't have a be able to

try that if that were to happen. So those are the the proposed conditions. Um I believe there's six in your ordinance for your consideration. Planning commission and staff recommend approval and we'll be happy to answer questions following public hearing. Thank you very much. And this is an ordinance so it is a public hearing. Is there anyone would like to speak to this? Please come forward. State your name and address. You have three minutes. No one's left to talk. Seeing none, I'll close the public uh part to council. Start over with you.

I think this is great. Looking forward to see what goes in there. It's all I've got. I have nothing to add. This is a thanks Councilman Curran. Looks great to me, your honor. It's going to be very positive for the university and for the city. Councilman Bales.

Thank you, Mr. Delane. And uh thank Mr. Woodard as well as well as Wright State University. Um it makes sense for that area completely. Um, good luck negotiating with Green County Water versus City of Fairborn, but 99% of uh, Wright State University is in Fairborn, so maybe cooler heads will prevail. Who knows? That's all. I I skipped over you on purpose. I wasn't sure where you'd be. Go ahead, Councilman Der.

Thank you, Mayor. Thank you, Mr. Duplain, as well. I think I'm very excited about the opportunities here. I think it makes sense and it will be a very good partnership. Um my one question is where Fairborn, city of Fairborn is in their approval process. Do you happen to know Mr. Bquette? From my uh discussions with their city planner, they're about a month behind. Okay. But um yeah, they'll go to planning commission this month and they have a similar process, not the exact same process, but um we'd anticipate that to be done probably in April, May. Thank you. I'd like to thank you, your staff, and planning commission for all the hard work. Thank you, Mayor. Vice Mayor Ripton,

I'll just echo everyone's sentiments is a fantastic project. Uh and I'm glad to see Fairborn follow in our footsteps. Well, I know this is a specific site plan yet, but are you planning to put a Chick-fil-A to compete with Cedarville? They've got a pretty big one out there. At this point, we're just hoping to get through the resoning, then obviously, but if anyone if you want to give us five curb cuts on Colonel Glenn, we'll take them. But I'm guessing that's off the table. I think you heard what Mr. Bquette said about that. Maybe a seven brew. Maybe a seven brew. Very good. Uh, anyone else have a motion?

Move the ordinance 26-04, your honor, to a second reading. Second. Have a motion and a second to move ordinance 26-04 to a second reading. All those in favor signify by saying I. I. Opposed. Guess we'll see you in a couple weeks. Ordinances, resolutions, and PUDs. Resolution 26-10. Resolution 26-10. a resolution to declare the necessity and intent to acquire certain parcels or real estate and other property interest owned by Dog Do LLC with interest by others for the Graange Hall Road pedestrian improvement project in the city of Beaver Creek, Ohio. Mr. Smith,

good evening, Mayor Council. Um this evening before I have before you um uh resolution and ordinance for appropriation of acquisition or moving forward in the appropriation process for a property we've been unable to obtain for the Graange Hall Road um pedestrian improvements project. So just to give you guys an idea of what is out there, I did do a better math than I did had last time where I have it all on one one sheet this time. So, um, it goes from, uh, the pedestrian road, uh, ped, excuse me, Graange Hall Road pedestrian improvement projects runs from Lefino Park up through along the west side of, uh, Graange Hall Road through Springhouse Park, then back up to um, 835. Just a quick overview. Uh, in particular with the site that we're looking at tonight, um, you can see we're here at the city council uh, chambers. Uh it's over at the corner of P Patterson Road and uh Graange Hall Road on the northwest side. Um what we're needing from this property are minor strip takes. Um there'll be uh 053 acres of permanent rightway and 0072 acres of temporary rightway needed for this. And that's for curb, sidewalk, uh storm, sewer, and utility relocations that are necessary. um at the north end of this property. As you can see here, I highlighted uh the property there overall um on the project a little closer. And then this is the area of takes. Uh the yellow or yellow orang-ish color is um the permanent take that we would need from this and the um blue color is the temporary take that we would need from

the property. Uh just some I had some information in the uh agenda item there for you all, but just to kind of summarize where we're at with this introductory the introductory letter and package went to the owner on on July 15th um to start the acquisition process. The we've had multiple correspondents over the course of 2025. Um no settlements been reached yet after trying to make multiple attempts. Um, in I'll just before I get to this next slide, I did state in here to the in the agenda that they had not reached back out to us and we've been having trouble getting a hold of them. I will let you know that last week they did reach out to us and said they do want to settle, but we have not gotten anywhere except a verbal from them. So with that, since I still don't have any in writing that they are going to sign, I need to move forward with the appropriation process to keep the project moving forward. Um so we do not lose our funding for the project. So uh dates to note with that um we have the bidding is scheduled for mid-March. uh utility relocation which is mainly gas relocation and some uh water main relocation uh would be throughout the summer and then this fall would be the uh construction start date. Late summer fall would be construction start for the project. Um the items tonight there's two actually here. The first one here is the resolution uh for the acquiring the real estate from Dog Do LLC. Um, and then the second piece with that is the ordinance uh for first reading from that and staff recommends approval for both. I'd be happy to answer any questions.

Thank you. Questions may have question. Sure. I I know uh you say that uh the um not the resident but the business owner has been in touch within the past week. Um, by passing this, I I know it keeps the project moving forward, but does that limit you in any type of negotiations with the No, it does not, Mr. Upton. We can still move forward with trying to settle this with them. Um, it just if for some reason it falls through, they quit responding again, then we've got our safety net. Okay. I hope we'll continue in good faith to have a conversation. We can possibly can, right?

Motion. Motion to approve resolution 26-10, your honor. Second. Have a motion and a second to approve resolution 26-10. All those in favor signify by saying I. I. Opposed. Ordinance 26-01. Ordinance 26-01, excuse me, to appropriate certain real property interest owned by Dog Do LLC for the Graange Hall Road pedestrian improvement project in the city of Beaver Creek, Ohio.

All right. Uh Mr. Mayor, once and council, once again, this is the ordinance that's accompanying the resolution that was just passed for acquiring this uh property. So, I'd be happy to answer any questions with that. Yeah, this is an ordinance, so we have to Is there a public hearing? Uh there anyone like to speak to that please come forward. State your name and address. You have 3 minutes. Seeing none I will close the public portion and council. Anything? Motion to approve 26-01. Second reading. Your honor. Second. I have a motion and a second to approve ordinance 26-01 and move to the second reading. All those in favor signify by saying I.

I. Opposed. Resolution 26-12. Resolution 26-12, a resolution granting a one-year extension of the expiration of PUD06-1. Excuse me. Specific site plan number one, SSP number one, project rainer. You're getting a workout tonight, aren't you?

Sick of me by now. Uh yeah, uh Synergy Development had reached out uh they in 2000 in April of 2024 they got an 84,000 foot building uh four-story building approved on Colonel Glenn. It's just it's kind of behind where the the the existing Sheets is now or Sheets is on Colonel Glenn Sheets or Casey but Sheets there towards the western end of the border of the Beaver Creek. Um and they're they've been working diligently to try to find appropriate tenants for the spot and um they said they need a little bit more time that the the site plan expires in April of this year. Um you see the letter included with their packet and um staff doesn't see any reason why uh looking back at the site plan that they got approved um we don't see anything that we would do differently and we would do it had they applied for the same thing today. um in terms of standards and um site design. So, uh staff has seen no reason why they can't get a year one-year extension on their approval and recommend. So,

any comments? Have a motion. Motion to approve resolution 26.12. Second. I have a motion and a second to approve resolution 26-12. All those in favor signify by saying I. I opposed. Resolution 26-13. Resolution 26-13, a resolution adopting the 2025 Green County Natural Hazard Mitigation Plan.

Good evening, mayor, members of city council. Um, federal law requires each jurisdiction to adopt a natural hazard mitigation plan to be eligible to receive FEMA funding. Um, city council last approved the current plan in in 2020. Uh, however, that plan expired December of 2025, so it's necessary to adopt the updated plan to remain eligible for FEMA funding. Uh, Green County U took went forth and hired a consultant. They developed a a plan, a countywide plan that encourag um and putting that plan together. Uh it was included in the packet, but it it list various types of scenarios and potential um disaster um that that could happen. It it recounts the history of past examples that have happened and and try to project the the risk to the city. So, um, the plan that was developed meets, uh, FEMA standards and, uh, we're asking that city council approve the resolution to adopt the plan.

Happy to answer any questions, any comments? Yeah, thank you for the very, uh, thorough report. When was the report completed? Uh, it was fairly recently. I think u late 2025. I want to say November, December was when they ramped it up.

Uh on page 221 of the packet, it's looking at drought numbers and it reports zero weeks of drought. Uh whether abnormally dry, moderate drought, severe drought, extreme drought, etc., etc., exceptional drought. Uh it just took me by surprise that it's zero across the board for 2025. Uh is that information correct to your knowledge? Uh, I can certainly research that. Um, I guess, you know, they did hire a consultant to put this information together to compile all the stats. I'd be happy to verify that.

I was under the impression it was significant weeks of drought through throughout 2025. So, I'm just curious as to the completion of the report, but I I don't have anything to stand in the way. I'll I'll wait for your response. I I'll research that and correspond back to you. Thank you. I know if we don't have FEMA support that could be really bad can we have history with that. So we want to make sure we get this report in. So uh have a motion. Move to approve resolution 263. Second.

I have a motion and a second to approve resolution 26-13. All those in favor signify by saying I. I opposed. Now it's time for citizen comments. Uh you'd like to address council on any subject, please come forward. State your name and address. You'll have three minutes uh with I don't see anyone. So, we will close that portion and uh council time. Let's go with Councilman Curran. How can I get there's time? Your honor,

Councilman Literal, I think my voice is gone. I'm sorry. I don't want to put anybody through that. Councilman Der, two things. One, uh, want to say a hardy thank you to all those involved in snow removal and for the, uh, amazing work and tireless work for the community. Second, I had the opportunity at Cedville University to speak on a panel about the situation in Venezuela. Uh particularly tailored my comments to local government in Venezuela uh alongside Beaver Creek resident retire retired Air Force Colonel uh Greg Thompson. And so grateful for that participation. Thank you, Mayor.

Council Bales, just one thing. Uh, I will be attending MBRPC's executive committee and board meeting this week on Thursday and I will report back. That's all. Very good. Councilwoman Bills, just two things. I would also say thank you so much for the crews that work so hard to clear our streets and keep us all safe. Uh, greatly appreciated. Um, second thing was Cram the Cruiser. Um, our police are awesome. made me proud to be a member of the community to come out and see so much food um and how well we care for one another and I just hope we can keep that up as a community. So, thank you to all the residents.

Vice Mayor Upton. Thank you, Mayor Adams. I would second the or third, I guess, the efforts around our street crews and police department on keeping everyone safe in the winter weather. I heard it was rough. I don't know. It was He was He was in Vegas. 60 degrees in Vegas. So, but no, I appreciate it. Um I know my family watched it pretty uh intently and I got live reports of when our street was paved and when it wasn't. So, I appreciate it. I appreciate everyone's efforts out there to keep us all safe.

Yeah, I've got a couple of things. Uh first of all, I can't say enough about our public service department out there. They really did a yman's job this year. uh how you got through it all and kept everybody going, I don't know. Uh but it was I really appreciate it. And for the police department, uh being out there in those sub-zero weather degrees, it's it's tough. I know I've been out there and you guys were out there doing it. Uh and we really appreciate it. Uh I actually serve as stage manager again for the Beaver Creek High School Show Choir, Midwest Show Choir Classic. Spent 36 hours at the high school. Uh but it was fun. I enjoyed working with the young people. It's amazing how much talent we have in this area and in the surrounding areas with these kids. Uh I was honored to be invited to the India Republic Day celebration at the Hindu temple and they celebrated their 77th year of independence and I com I gave them a proclamation and commented it that uh we too are celebrating 250 years this year being uh we fought the same enemy to get our freedom. So it was uh it was interesting to be a part of that. Then this past Friday I went to the Air Force Sergeants Association annual awards banquet at Ray Patterson and where they recognize several airmen for all the work they do in the community in the military. So that was uh that was really good to be a part of that. So that's all I have. Now it's you.

Now it's me. My voice is rusty. Uh speaking of good weather, uh city manager Pete Landram's in Florida. I don't know that it's a whole lot warmer there. They're having a cold spell, so he didn't time it up great, but he sends his regards in. I know it's late, so I've just got a couple of announcements. The first is really just to highlight that this coming Friday is um coffee with the cop at the Beaver Creek Kroger. That's at 3165 Dayton Zena. It's a great chance to come out in a casual way. Uh share a cup of coffee with some officers, get to know them, ask some questions, really just make that connection with the officers. So hopefully you'll come out and uh the event is free, open to the public. You can buy your coffee of course from the kiosk right there inside. Uh another update about the veterans banner program. I believe this is the third year. It's been successful. It's sold out every other year. Um applications are due March 31st or until available spots are taken. I think when I checked this morning, engineering had logged 29 applications so far. So not quite halfway. Um, so it's not too late to apply. It's a $100 to apply and you can keep the banner at the end of the program. The banners will fly on designated polls um from Memorial Day through Veterans Day. So if you need more information, you can check out the website at beavercreek ohio.gov/veteran. And then lastly, with the weather, it's appropriate to remind everybody it's not too late to uh build a snowman, take a picture, send it into our recreation department. You've got until February 28th to participate in that virtual program. Take a picture of your snowman, email it in to parksbeavercreek.gov, and then the pictures will be shared on Facebook, and the family or the group that submits the one and gets the most reactions will win a prize. And that's my quick update.

Very good. I just want to thank council and staff for sticking through this evening. And then I'm going to ask uh Councilman Curran move to second. I have a motion and a second to adjurnn. All those in favor signify by saying I. I. I. We are adjourned. hand that over There you go.