Board of Trustees - Regular Meeting

It is 6 o'clock p.m. I call this meeting of the Miami Township Board of Trustees to order. You please rise and join me in the Pledge of Allegiance. With 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.

Roll, Mr. Posey. Present. Mr. Culp. Here. Mr. Berry. Here.

Chief Nielsen, you have the reading of casualties.

Yes sir, I do. Trooper Sergio Romero with the Texas Highway Patrol, end of watch on June 17th. Sheriff's Deputy Damian Draper Bost with the Columbus County Sheriff's Office in North Carolina, end of watch June 25th. Sheriff's Deputy Eric Serato with the Montgomery County Sheriff's Office in Texas, end of watch June 28th. Police Officer Trevor Howards with the Marked Tree Police Department in Arkansas, end of watch on June 28th. Trooper First Class Michael Pahira Jr. with the Pennsylvania State Police, end of watch on July 1st. Sergeant Scott Reese with the Rittman Ohio Police Department, end of watch on July 5th. U.S. Marshal Michael Hansen, end of watch on July 13th. And Sheriff's Deputy Adam Heitman with the Clear Creek Sheriff's Office, Oklahoma, with an end of watch of July 15th.

Please join me in a moment of silence for these following first responders. Thank you. The next item on the agenda is the consent agenda. Matters under the consent agenda are considered to be routine and will be enacted by one motion and one vote of consent. There will be no separate discussion of these items. If separate discussion is desired, that item will be removed from the consent agenda and considered separately. I move we approve the consent agenda. Is there a second?

I'll second.

Any discussion?

Mr. Posey?

Aye.

Mr. Culp? Aye. Mr. Barrett? Aye.

Moving on to new business. Mr. Snyder, you have resolutions 80, 81, and 82.

Good evening, Board. Resolution 80-2026 is a resolution to authorize us to enter into an agreement with the City of Miamisburg to engage a part-time prosecutor. This would be through an independent contractor agreement. The term of this agreement would be for approximately two years. This would allow us to spread the volume of work currently handled by the single prosecutor with the city across this part-time position and hopefully allow us to move some of the caseload primarily from our police department through the process a little bit more quickly so if there are any questions with that you do have a copy of the draft agreement as well as the drafts of the position description in your packets tonight so any questions on resolution number 80. thank you right resolution 81-2026 is a resolution to authorize a resignation agreement between miami township and mike siney who's a lieutenant with the police department again the terms of the agreement have been reviewed by our law director as well as uh the attorney for mr siney and mr siney himself so if you have any questions on that i'd be happy to discuss those if needed any questions Resolution 82-2026 is a resolution to authorize an annexation agreement between Miami Township and the City of Carlisle. The City of Carlisle approached us some time back regarding A request to annex approximately 71 acres on the east side of Jamaica Road, which is in the southwest portion of the township, immediately adjacent to the current city of Carlisle Corporation boundary. They would like to develop this property for residential single family homes. You have a rough draft site plan in your packets along with this. Because of the nature of how they would like to place the tax increment financing district on this property, we have negotiated an agreement to enter into a revenue sharing arrangement based on the income tax revenue that would be generated from residents living in this development. That agreement is in your packet as well tonight.

That agreement would last

Once implemented, once approximately 50% of the homes received a certificate of occupancy, that agreement would last for 15 years.

Any questions on this resolution? Thank you, Mr. Snyder. Mr. Schweikert, you have Resolution No. 83-2026.

Yes, good evening board. This resolution is to authorize fuel management improvements. Over the past year or so, we've been battling obsolete fuel management software. We've been working closely with our IT providers to try and recover data It's been just an ongoing process. We did work with a few vendors to obtain a quote to updating the fuel management software to a cloud-based system. Once these improvements are made, it will be a very small subscription from there on. And then we can also use unencumbered funds from our gas tax to provide this improvement. But in your packet, I did mention why um this uh information it does get reported to odot so it is crucial that we have accurate reporting data when it comes to our fuel management system so happy to answer any questions you may have regarding this resolution any questions thank you mr schweiker mr carlson you have resolution 84-2026

Yes. Good evening, board. In 2023, just as a little bit history, if you recall, the township entered into a development agreement with North Point Development, Washington Township and a private landowner in Washington Township to facilitate phase one of the Washington Church Road roadway extension project that ultimately unlocked the capacity for buildings one and two within First Light Commerce Center. part of the agreement for phase one was a partial reimbursement of TIF funds as generated by the development of the park so specifically once North Point or the end user had paid their property tax bill TIF funds were diverted to the township a portion of those were reimbursed to help support the ability to build this road and create the development that we all envisioned on the site. In discussion with North Point, they are working toward phase two of the roadway projects, buildings three and future planning for the site. They have requested additional TIF funding support tied to phase two of the roadway extension shown on the map in the yellow area. additional 1200 linear feet of road this road will unlock the remainder of the park so building three will be actually on public hearing later tonight but the balance of the park will be sort of in discussion with north point in the township exactly how that develops But generally, this roadway, like Phase 1, will ultimately be dedicated to the township as a public roadway, making it eligible for TIF support. But also, certainly from a public investment standpoint, this use of TIF funds is a direct catalyst to generate more additional TIF dollars, but also generate JED revenues, as all employees within the First Light Commerce Center are located in the Miami Township Dayton JED. so certainly staff is supportive of the development agreement proposal in addition to the tiff funding support request that facilitates a lot of the details around the construction and dedication of the roadway very similar to the first phase so it's sort of an extension of that first phase agreement so certainly staff feels that it's supporting a what's been so far a huge economic boon for the township i feel very supportive of the project if there are any questions i'd be happy to discuss

Any questions? Thank you.

Thank you.

Mr. McCord, you have resolutions 85 and 86.

Good evening, board. Yes, resolution 85 dash 2026 is an amendment to the certificate of estimated resources that we filed with the county auditor. The proceeds from a recently damaged vehicle, we got the insurance proceeds. And so this would be acknowledging taking them into receipt. And then number 86 2026 is to amend appropriations so that we can apply those those partial those funds for the replacement vehicle as well as funding for this year's newsletter and the assistant prosecutor position should that be approved any questions for mr mccourt thank you very much moving on to the public comment portion of the period is anyone wishing to come forward

Moving on to consideration of resolutions and motions. I move we adopt resolution number 80-2026, a resolution to authorize the township administrator to execute the necessary documents to enter into an agreement with the city of Miamisburg to reimburse the cost of a part-time assistant prosecutor. Is there a second? I'll second. Any discussion?

Mr. Posey?

Aye.

Mr. Cole? Aye. Mr. Barrett? Aye.

Move we adopt resolution 81-2026, a resolution to authorize the township administrator to execute the resignation agreement between Miami Township and Mike Siney. Is there a second?

I'll second.

Any discussion?

Mr. Posey? Aye.

Mr. Cole? Aye. Mr. Barrett? Aye. Move we adopt resolution 82-2026, a resolution approving and authorizing the execution of an annexation agreement by and between Miami Township and the city of Carlisle. Is there a second?

I'll second.

Any discussion? aye aye aye i move we adopt resolution 83-2026 a resolution to authorize fuel management improvements is there a second i'll second any discussion aye aye aye aye I move we adopt resolution 84-2026, a resolution to authorize the execution and delivery of a development agreement between Miami Township and North Point Development for phase two of the Washington Church Road Extension Project. Is there a second?

I'll second.

Any discussion?

Mr. Pozen. Aye. Mr. Polk. Aye. Mr. Berry. Aye.

I move we adopt Resolution 85-2026, a resolution to approve amendments to the Certificate of Estimated Resources for 2026. Is there a second? I'll second. Any discussion?

Mr. Posey? Aye. Mr. Culp? Aye. Mr. Perry? Aye.

I move we adopt Resolution 86-2026, a resolution to approve amendments to the appropriation of funds for 2026. Is there a second?

I'll second.

Any discussion?

Mr. Posey?

Aye. Mr. Cole?

Aye. Mr. Barrett? Aye.

Moving on to the public hearing portion of the meeting, I move to open the public hearing for zoning case number 434-18FDP. Is there a second?

I'll second.

Roll call, please.

Mr. Posey? Aye. Mr. Cole? Aye. Mr. Barrett? Aye.

Zoning case number 434-18FDP is now open. The following will be the order in which this case will proceed, excuse me, the public hearing will proceed. Staff will give a report, the applicant will have the opportunity to speak. Anyone in favor or opposed to the case will have an opportunity to speak. The board will then close the public hearing and make a final decision via resolution. The board will now hear the report from staff. Mr. Carlson, have all the legal requirements for this hearing been met and will you present your report at this time?

Yes, Board, legal requirements for the case have been met. Happy to present my report. ZC 434-18 is a final development plan for North Point Building 3 within the First Flight Commerce Center. We briefly discussed in a previous resolution. Specific request is for the third building, 286,000-ish square feet to be located in the central portion of the First Flight Commerce Center. Seen here, it is in the airport plan development. Here's a couple of key details that are provided in the full board packet. I don't have to get into some of the details. Many of them are either no comments or comments of general no concern from both fire district or police. One comment we got back from Public Works was asking for clarity on a tree species. We specifically prohibit the female cultivar of the ginkgo biloba. North Point has affirmed that in a landscape plan, so the one comment from the zoning commission that you'll see later has already been met. Traffic control and access. Traffic will enter the site from Washington Church Extension, previously discussed, as well as the existing access point off of Austin Boulevard. New construction certainly will bring new folks to the area. Public service burden, however, nothing beyond anticipated impacts. And arrangement compatibility and structures. The site is proposed to meet all standards that were previously covered in the preliminary plan and development standards for the airport development. Just a quick look at the site plan. Building three again is very central to the property, located to the south of both buildings one and two, but north of the phase two extension for Washington Church Road, 286,000 square foot building. in general here's a couple of the sort of highlights of the site plan north point is proposing to meet all of the standards other than the parking requirement working with their applicant they are proposing 248 parking stalls compared to the 288 typically required by code in this case for this building a significant portion of the site will be things like storage or large manufacturing equipment so the typical ratio of person to floor area led to what they felt was a pretty high parking count certainly staff is comfortable with this reduced level of impervious surface and otherwise they meet all of the requirements of site plan in the pde standards Building elevations, you'll find these to be very similar to both buildings one and two. Many changes in plane, varied textures, glass usage, particularly around sort of the office components or main key entry features to define those entrances to the site. one just item of consideration this building was sort of early on determined to be one of the least visible sort of from austin boulevard so you may notice a little bit less of facade treatment along the base or a couple of other items but staff working with the applicant really felt that the austin boulevard facing should really maybe get more than typical so you're okay with a little bit of a scaled back design but again very happy with the work they put into meeting Elevated design standards that you would typically see in buildings this size. So feel that they did a good job Focusing on front facing facades Just couple other elevations Landscape plan again, North Point has put together a very comprehensive landscape plan that has met frontage trees, site trees, building trees that were slightly reduced due to a wetland preservation credit that we identified early in the preliminary plan. The southeast corner of the site, there's a wetland per our code by maintaining that and leaving it as a site feature. They did get a reduction in their total tree count. but again they are still providing a large number of trees on site in addition to i believe over a thousand shrubs plantings flowers and other things like that so we feel very happy with how buildings one and two turned out in landscaping we've actually gotten good public comments uh initially and said hey this looks like a concrete building and that's it but then the paint came on the landscaping and people said they look pretty good so again we feel very happy with the work the applicant put in on the landscape plan lighting plan same thing very comparable to both buildings one and two meet all of the brightness and color temperature standards as well as pole height and downcast lighting requirements that we have in our code a couple look again at the types of illuminators they're putting in they meet all the foot candle requirements and the color temperature requirements that we have applicable development standards again taking sort of a step back at our code they have met both article 7 31 45a and the pd standards with the only item we can really knock them on is the parking but again staff and ultimately the zoning commissioner were zoning commission were supportive of this reduction in parking So the only stipulation in a 4-0 vote for approval was that the applicant must provide an updated landscape plan showing all Ginkgo biloba trees we've planted will be the male non-freeing variety. And they have met this requirement. Are there any questions of staff at this time?

Any questions? Thank you, Mr. Carlson. Thank you. The board will now hear from the applicant.

Good evening, board. Appreciate the time Alex care shoots North Point development 4, 8, 0, 5 Montgomery Road suite 3, 10 Cincinnati, Ohio. Appreciate everybody's time and taking a look through the the discussion itself. I have no real further explanations or clarity to provide beyond what Alex provided, but happy to answer any questions.

Any questions? Thank you for coming in today.

Thank you for your time.

The board will now hear from anyone in favor or opposed to the case. The record will show no one coming forward. We will close the public comment period. I move we close the public hearing and move into deliberations in case number 434-18FDP. I'll second. Any discussion?

Mr. Posey? Aye. Mr. Culp? Aye. Mr. Barron? Aye.

This time, I move we adopt resolution number 87-2026, a resolution to adopt a final development plan under zoning case number 43418, FDP, North Point Building 3. Therefore, be it resolved, the Miami Township Board of Trustees approves the final development plan under zoning case number 43418, FDP, North Point Building 3, and upholds the zoning commission recommendation. Is there a second? I'll second. Any discussion?

Mr. Posey. Aye. Mr. Cole. Aye.

This time I move to open the public hearing and zoning case number 46826FBP. Is there a second?

I'll second.

Any discussion?

Mr. Posey?

Aye.

Mr. Cole?

Aye. Mr. Curry? Aye.

So in case number 46826, FTP is now open. The following will be the order in which this public hearing will proceed. Staff will give a report. The applicant will have the opportunity to speak. Anyone in favor or opposed to the case will have the opportunity to speak. The board will then close the public hearing and make a final decision via resolution. The board will now hear a report from staff. Mr. Carlson, have all the legal requirements for this hearing been met and will you present your report at this time?

Yes, board, thank you. The requirements for this case have been met. I'd be happy to present my report. This case is a second final development plan, ZC468-26, for the certified cultivator's redevelopment of the former Frisch's building on State Route 741 for a dual-use cannabis dispensary. Again, the site former Frisch's, located on 741. A few months ago, Board, we reviewed the rezoning request by certified cultivators to rezone this lot into a special purpose planning and development district with the express new use added of a cannabis dispensary. Since then, no new comments have come from the police department, fire district, public works with specific questions or concerns about the proposed land use here. traffic control access no changes to the site are expected anticipated certainly field traffic counts are within anticipated for the land use type public service burden same thing no comments concerns coming in with express concerns and the structure itself is remaining very similar and those changes are coming from the facade itself as well as some site renovations that we can get into Again, the site plan looks very familiar to the existing Frisch's. Really, the largest change happening to the site is in the rear of the building. Frisch's had sort of a cooler area that kind of blocked in a lot of their sort of site mechanics and mechanicals and sort of other things they wanted to hide that is being pulled off of the building instead they are redoing the rear facade in a way that meets our zoning resolution so both a site and facade improvement we feel being introduced here's a look at the rendering as you recall during the rezoning they had sort of put together a building plan that was really more of a sort of refreshing of the existing facade since the redevelop or the rezoning request they've come forward and brought together a new facade plan that we feel is very modern and fresh and a great cleaning up of the property introducing some color some sort of wood grain type paneling to add a new material type, as well as introduction of a lot of new glass and new stone on all of the facades. To put a little bit of a comparison together, again, the existing facade is a little bit dated. The new site plan and the facade they put together is, again, certainly a modern design. In the rear, you can see there on the south, North side, bottom left image, that sort of back cooler where the drive-through system was has been cleaned up, new glass introduced to the rear facade, brought the paint colors and things for kind of a refresh to our modern standards. Again, on all facades, introducing new materials and new ways to break up what was a pretty dated-looking facade. So again, working with the applicant and their architect, we feel they've done a really good job trying to meet the spirit and intent of our zoning resolution as requested during the rezoning. Signage package they put together, very typical for a commercial development. I've identified a couple of areas for new awnings new frontage sign in particular their monument sign was one item where there's a non-conforming pole sign that is getting taken down and we're getting a new sort of more modern monument sign out front instead of the big pole sign so that was one item that was called out so wanted to be sure to address that to the board Landscaping, it's a relatively small site without a lot of pervious surface, but they've done a really good job of introducing a lot of landscaping into the site, a lot of lower-lying landscaping as well, shrubs, perennials, other things to beautify the site. But the key feature that we called out in the plan development standards was this sort of angled grassy area in front of the fishes that today is severely lacking trees are in pretty rough shape. You're asking that they identify this as a potential sort of corner beautification effort. We feel they've done a really good job with their landscape group to put together a plan that will look really nice on this frontage to again help beautify the 741 corridor. lighting the site is completely full of light poles that are non-conforming today sort of all angled at 45 degree angles with much too bright lighting those are all coming out putting in all brand new light poles that meet all of our standards and for brightness and color temperature So for this case, the zoning commission did not have any stipulations, and then a 4-0 vote voted for approval to the board of trustees. Are there any questions or concerns that I can answer?

Any questions for Mr. Carlson? Thank you.

Thank you.

The board will now hear from the applicant.

Good evening, Board. Scott Miller, 849 Lincoln Woods Court, Dayton, Ohio. I don't have too much to add. I want to thank staff for helping us through this process and putting this site plan and facade together. Hopefully, it doesn't look like Frisch's anymore. It looks refreshed, and we believe it does. But if you have any questions, concerns, please let me know.

Any questions? Thank you for the revisions to the plan after our discussion last time.

Thank you.

The board will now hear from anyone in favor or opposed to this case. Seeing no one coming forward, we'll close the public comment period. When I move, we close the public hearing for zoning case number 46826FDP. Is there a second? I'll second. Any discussion?

Aye. Mr. Polk. Aye.

Mr. Berry. Aye. At this time, I move we adopt resolution 88-2026, a resolution to adopt a final development plan under zoning case 46826FDP. Therefore, be it resolved, the Miami Township Board of Trustees adopts the final development plan under zoning case number 46826FDP and upholds the zoning commission recommendation. Is there a second? I'll second. Any discussion?

Mr. Posey. Aye. Mr. Polk. Aye. Mr. Berry. Aye.

At this time, I move to open the public hearing for zoning case 46725, FDP. Is there a second? I'll second. Any discussion?

Mr. Posey?

Aye. Mr. Paltz? Aye.

Mr. Barrett?

Aye. So in case number 46725, FDP is now open. The following will be the order in which this public hearing will proceed. Staff will give a report, the applicant will have the opportunity to speak. Anyone in favor or opposed to this case will have an opportunity to speak. The board will then close the public hearing and make a final decision via resolution. The board will now hear a report from staff. Mr. Carlson, have all the legal requirements for this hearing been met and will you present your report at this time?

Yes, boardly requirements for this case have been met, and I'm happy to present my report at this time. This is another case where we very recently heard the rezoning request for this zoning case, and the FTP is now in front of you for a multifamily residential development within the Gander Creek Plan development. And this project is located sort of bound by Hunt Drive, Newmark Drive, and Gander Creek Drive. As you recall, 2025, we did a little bit of direct planning work, engaging some of the Newmark business members to see sort of what surrounding land uses they felt comfortable with. at the time the creek stream sort of running through this image as you can see was the bounding point that we felt okay residential could expand neighboring other residential and that was sort of the stopping point so the next case will sort of be within the same bounded area but take a look at the site plan in a second a couple new ingress egress points for each of the sites so there's sort of a north site and south side we'll talk about them that way the my clicker's a little slow there we go there's the site plan so as you can see there's two sort of components of the larger development with the stream that runs through the center of the property so the final development plan has 85 owner occupied condo units to the north half of the development and 100 townhome style rental units on the southern half The interior of the developments themselves will feature four-foot pedestrian pathways, but ultimately connect to eight-foot multimodal pathways along all road frontages. Most of the parking within the development is associated with the individual units, but there are some shared parking areas throughout the development. And importantly, there is, again, a stream that runs through the center of the site. So between the 20-foot setback on either side of the stream, as well as location of the detention basins there has been a really nice repairing corridor created so it's great green space for the developments but also again protecting that stream crossing so I think they did a good job laying out the site with a lot of challenges and the topography out here being very mindful of some of the physical elements We go. So again, in all areas, they met the required standards of the plan development, thinking they did a good job with building design setbacks, the stream buffer, some of the ground signage. So we take a look at some of those a little more closely. The one area we can take a look at where the original standard called for length of multimodal pathways ultimately reduced down to eight feet. There were several difficulties with grading. There are a couple of drainage channels along the roadway where Ultimately you felt to have some amount of tree lawn between the road and the pathway We felt that it was worth sacrificing a few feet to keep some sort of grass strip there So you don't have somebody walking right along the curb and incentivize to push them a little further away So while we didn't meet the full 11 feet 8 feet is still a great path that will serve the residents and hopefully in the future many of the office users we can expand the path network network through Newmark and So again, taking a look at the site plan that shows that three foot curb lawn along with the path running throughout the development to both condos to the north departments to the south. Taking a look at the north site, the condos themselves, the applicant has put together a pretty nice building design introducing a lot of different materialities, so nothing looks too uniform. There's a couple of different designs within the condo development. I'll click through. the buildings are somewhat modular so as you saw in that site plan there's some longer longer facades with more units there's a couple shorter so again that kind of breaks up the monotony and sort of cookie cutter vibe you sort of feel in some of these developments again introducing modern design elements colors materials board and batten brick stone a lot of the other materials that we like to see in our developments And then on south side, the townhome buildings similarly introduce sort of modular type design. So there's some stone, there's brick, different kind of vertical board and batten broken up by different sort of horizontal, different coloration. Again, doing a nice job of trying to create not just flat front buildings that we see oftentimes. So I think they did a really nice job between the two to create good facades that meet our material requirements in the plan development. Similarly, landscaping, there's a lot of impervious surface being added. So there are a lot of trees required. 46 frontage trees and 224 site trees. There's a lot of open space. So they sort of could have put a lot of those trees there, but they've done a really nice job of pretty thoughtfully spreading these trees out throughout the development. meeting all the goals of the frontage to screen the residents from the office the office from the residents but also putting trees directly into the center of the site to help again break up some of these facades and open areas so we think the applicant did a great job on this landscape plan dealing with a large number of trees They've brought in a lot of new tree species as well for the site this size. Three, four, or five tree species is the minimum. They've introduced 16 tree species, so really nice, especially in recent years as we've seen troubles with certain tree species dying out from various reasons. We appreciate when applicants are very intentional about that. lighting have done a good job putting a very pedestrian focus lighting plan together. So anybody walking throughout the development will have good lighting, but keeping those light levels low to meet some of the residential goals that we have for again, brightness and color temperature. So light plan meets all of our standards. And again, the zoning commission voted a 4-0 vote for approval with no stipulations. And does the board have any questions at this time?

Any questions for Mr. Carlson? Thank you.

Thank you.

The board will now hear from the applicant.

Good evening, board. Matt Gaston, Shakey Velvet Group, 600 West Loveland Avenue, Loveland, Ohio. Thank you, Alex, and the planning team for providing very thorough and detailed review. I'm happy to answer any questions you guys might have on the project.

Thanks. Any questions for this applicant? Thank you. Thank you so much. The board will not hear from anyone in favor or opposed to this case. Hearing none, I will close the public comment period. And now I move we close the public hearing for zoning case number 46725, FDP. I'll second. Any discussion?

Mr. Cozen?

Aye.

Mr. Cole? Aye. Mr. Barron? Aye.

At this time, I move we adopt Resolution 89-2026, a resolution to adopt a final development plan under Zoning Case 46725-FDP. Therefore, be it resolved, the Miami Township Board of Trustees approves the final development plan under Zoning Case 46725-FDP and upholds the Zoning Commission recommendation. Is there a second? I'll second. Any discussion?

Mr. Posner?

Aye. Mr. Call? Aye.

Mr. Berry? Aye.

This time, I move we open the public hearing for zoning case 47026, RZ. Zoning case number 47026, RZ, is now open. The following will be the order in which this hearing will proceed. Excuse me. Skipped ahead. Didn't take a vote. I move we open the public hearing for zoning case number 47026, RZ. Is there a second?

I'll second.

Any discussion?

Opposed?

Aye.

Call?

Aye.

Berry?

Aye. Now that the case is open, the following will be the order in which this case will proceed staff will give a report the applicant will give a presentation all proponents will speak all opponents will speak a time limit of five minutes will be placed on each of the speakers when speaking please give your name and address for the record the board will then review and record the findings of fact requirements for this case the board will then close the public hearing and make a final determination on the findings of fact the board will then make a resolution concerning this case the

the board will now hear the report of staff mr carlson have the legal requirements for this hearing been met they have please review your report at this time i will i apologize trustee posey i was reading my notes and just let you keep on moving i should have should have said something Yeah, quickly jump into my report here for the rezoning request for the Silver Birch Senior Living Facility on behalf of Vermilion Development. Previously alluded to this development as the sort of last piece south of the stream on Gander Creek Drive. highlighted here so again immediately adjacent to the development plan that we just reviewed but south of that stream so parcel k45 zero two six zero four zero zero one one is being requested for rezoning into a special purpose plan development specifically to allow the land use of a senior living facility No formal timeline has been identified, again, depending on the rezoning and moving forward into final development planning. But ideally, within the next 24 months, they would start construction of the facility. Specific land use requests, again, uh sort of goal of our land use study was to determine one what are folks comfortable with but take another look at sort of compatibility of these land uses between the multi-family that we just reviewed to what this is slightly more institutional type land use and then to offices that felt like a really good transitional use moving back into the new mark office park where again we will intend to preserve that for future office and industrial type development traffic control and access working with county engineer we've reviewed what we feel would be a relatively low number of new trips introduced many of them driven by the employees rather than some of the residents who the applicant has stated many of which do not drive who live in this facility so a relatively low number of new trips anticipated to be generated primary ingress to the site would actually cross the stream Something again, we've worked with the county engineer to review exactly how that works And then secondly after a comment came back from Miami Valley Fire District desiring a second emergency access point An emergency access point connecting from the development We just reviewed was identified to get a second access point not having to build a second stream crossing which was costly and certainly ineffective when we had development and being proposed right next door so i certainly appreciate both of those applicants coming together to work with us to figure out how to make that happen make easements work and get access across the site uh certainly anticipate some uh you know new burden on our public services between the fire district and police you know this is a land use that is known to generate certain calls for the fire district but in a review with them i felt that they had no specific concerns for the proposal then we'll get into the preliminary plan in a moment again we're not in the final development plan phase so nothing is locked in but again this is a good illustration of how the site would be laid out how would be accessed and then where the building would ideally be located So you can see here, off of Gander Creek Drive, the drive would come in, immediately hit a stream crossing, and then come into the site where we located, sort of tucked into the rear of the site. Working with the applicant, we are trying to save as many of the site trees and frontage trees as we can. I think it would certainly benefit the development as well, having a little bit of a setback and buffer from the office and vice versa. again one just item of note the applicants proposing a partial split that as shown they provided legal descriptions and a draft survey that is being reviewed but i wanted to work through the rezoning process before they made the formal split and purchased the individual piece of land but just wanted to make that note the remaining piece of land will remain within the new mark center pd which is only going to be permitted for office light industrial development as the rest of the park is So as as we do in a rezoning into plan development, proposed development standards are drafted by the applicant, reviewed with staff. We work to come up with the final set of development standards that will guide the site that mirrors sort of the preliminary plan. So a couple of items taking a look that were introduced to the proposed standards require 50% brick material for the primary facades of the usual 80. they've also requested 15 of glass pour instead of the usual 25 in particular this compromise accessible acceptable to staff again the Gander Creek Drive facade will be very largely screened by trees in the front same thing in the rear and from the west where there's a lot of tree preservation undergoing as well And then certainly the Newmark Office Park does not require the same amount of brick as sort of modern standards. So we feel in a residential style, it's very acceptable sort of compromise on the facade. This standard will require a setback of 30 feet from the stream on site. Again, the other one sort of was placing all of the tension bases between so we didn't worry too much, but having a larger setback is always a good thing for repairing corridor. Screen requirements, again, these are typical to 45A residential standards trying to buffer from neighboring land uses. The applicant agrees that they want this buffered as much as possible, so our standards certainly will cover that. And then pedestrian pathway requirements, the standards require the continuation of the pedestrian pathway that we previously reviewed across their frontage as well. So this resigning request, resigning request was approved, recommended approval in a four to zero vote by the zoning commission with no additional stipulations at this time. Upon approval, the applicant would work with staff to come up with the final development plan, building design, and would be brought forward for FTP review by the trustees. Are there any questions from staff?

Any questions? Thank you, Mr. Carlson. The board will now hear from the applicant.

Good evening. I'm Kerry Dixon with Vermillion Development, 151 North Franklin, Suite 300, Chicago, Illinois. Thank you for your time tonight and your consideration. We're very excited to be moving this proposal forward, as all of the other presenters tonight have said staff has been fantastic to work with it's um there's a dialogue that happens that makes a project better and it's clearly true in this case so i'm here to answer any other questions you might have any other questions thank you for coming out today thank you the board will not hear from all proponents hearing none the board will not hear from all opponents

Also none. At this time, the Board of Trustees required under Article 31, Section 3104 of the Miami Township Zoning Resolution to make specific findings of fact based upon the particular evidence presented at this hearing. The Recording Secretary shall now read each standard and call the roll to determine the finding of each trustee on the following standards.

Section 3104A. The site will be accessible from public roads that are adequate to carry the track that will be imposed upon them by proposed development standards. We're going to propose new uses and development standards are to be adopted and provide for pedestrian accessibility and connectivity throughout the design. Mr. Posey. Yes. Mr. Colt.

True.

Mr. Berry. True. section 3104b for proposed development and or development standards that equally address issues related to compatibility with adjacent uses environmental issues and overall design and compatibility including lighting landscaping to do in such a manner that improve upon what would be achieved under the non-pd zoning standards mr pose true mr cole true mr barrett true True. True. True. Section 3104G. Proposal is in accordance with the goals and policies of the comprehensive plan. Mr. Pozen. True. Mr. Schultz. True. Mr. Barrett.

True.

Thank you. This time, I move to close the public hearing for zoning case number 4726, RZ, and find that all of the above standards were met by the evidence presented in the hearing. Is there a second?

I'll second.

Any discussion?

Mr. Posey?

Aye.

Mr. Cole?

Aye.

Mr. Perry? Aye.

This time I move we adopt resolution number 90-2026, the resolution to adopt a zoning map amendment from PD5 Newmark Center Plan Development Zoning District to SPPUD Silver Birch Plan Development Zoning District under zoning case number 47026RZ. Therefore, be it resolved, the Miami Township Board of Trustees approves the zoning map amendment under zoning case 47026RZ and upholds the zoning commission recommendation. Is there a second? I'll second. Any discussion?

Mr. Posen.

Aye.

Mr. Culp. Aye. Mr. Berry. Aye.

At this time, I make a motion to open the public hearing for the second amendment to the 2017 and amended and restated Miami Township Dayton Joint Economic Development District contract. Is there a second? I'll second. Any discussion?

Mr. Posen.

Aye.

Mr. Culp. Aye.

Mr. Berry. Aye. Yeah. My packet was missing that part, though. OK. Let's see if I can do it based off of the.

Go back maybe two. I think maybe it got put in the wrong order.

All right. Thank you. This time I move to open the public hearing for the expansion of the Austin Landing Lighting District. Is there a second? I'll second. Any discussion? The public hearing is now open. The following will be the order in which this hearing will proceed. Staff will give a report. The petitioners and representatives will be given the opportunity to speak. All proponents will speak. All opponents will speak. And a time limit of five minutes will be placed on each of the speakers. The board will then close the public hearing and make a final determination if the public safety and welfare require the expansion of the existing lighting district. Then the board will make a motion on the resolution concerning this case. the board will hear the report of staff mr carlson have the legal requirements for this hearing been met and would you review your report and the proposed boundaries of the lighting district at this time

Yes, thank you, Board. The requirements for the hearing have been met. I'd be happy to review my report and the lighting district proposal. So just a brief timeline. It's been a little while since we've adopted or reviewed a new lighting district or an expanded lighting district. So the way this typically works, the developer, in this case, RD Properties, submits a petition requesting a public hearing in which the Board of Trustees can determine is a new lighting district actually necessary to light this development. So July 6th, we received the request, the petition from RG Properties requesting expansion of the existing lighting district to include their Austin Crossing development, specifically inclusion of these parcels you'll see here. I'll take a look at the map showing this exhibit. And again, known as the Austin Crossing development, as well as a portion of the frontage with the Montgomery County Transportation Improvement District. So in this case the board's requirement to do higher revised code is to determine the necessity of Lighting before creating this district which in turn will allow the township to post a bid request in which petitioner Contractors could submit a contract in which the township could determine the lowest and best bid Which we could determine to accept or not that would provide lighting for the district ultimately lighting would then lighting costs would be assessed back on the property themselves so again it's important the petitioner be the owner of the property and will not obligate the township in any way through the general fund other than working with the finance department to sort of pay it up front and then we get the money on the back end through the assessment so that is the way we work in all of the lighting districts as part of this public hearing we're to determine the number and type of lighting that we would like to see in this lighting district again provided by the applicant petitioner RG properties and what was reviewed in our right-of-way uh plan already for the final development plan for austin crossing so 14 new lighting poles and luminaires as well as photometric lighting that meets the safety requirements of standard commercial roads in miami township so again part of this requirement meet the meeting the needs of the district so certainly from a development safety standpoint Township staff has evaluated the site layout and believes that artificial lighting along these roadways is necessary for public safety, adequate visibility, proper traffic movement as the area develops and traffic counts significantly increase in this internal roadway network. Artificial lighting will provide for safer pedestrian, cyclist, and vehicular access and are supportive of this lighting district. So again, the next step would be to post bids, receive proposals, review lowest best bid, and at a future meeting would bring back to the Board of Trustees to determine whether we accept the contracts submittals or not. Are there any questions of me at this time?

Any questions? Thank you, Mr. Carlson. The board will now hear from the petitioner.

Andrew Gunlock, RG Properties, 10050 Innovation Drive, Suite 100, Miami Township, Ohio. I'm here to answer any questions you guys might have.

Any questions? I do not. Thank you for coming out today. The board will now hear from all proponents. Hearing none, then the board will now hear from all opponents. At this time, I move to close the public hearing for the expansion of the Austin Landing Lighting District. Is there a second?

I second.

Any discussion?

Mr. Posey?

Aye.

Mr. Culp? Aye. Mr. Barron?

Aye. At this time, I move we adopt Resolution 91-2026, a resolution expanding the Austin Landing Lighting District under Ohio Revised Code Chapter 515 and authorizing bidding and advertisement for the provision of street lighting within the expanded district. Is there a second?

I'll second.

Any discussion? This time I will now make a motion to open the public hearing for the second amendment to the 2017 amended and restated Miami Township Dayton Joint Economic Development District contract. Is there a second? I'll second. Any discussion?

Mr. Posey?

Aye. Mr. Cole? Aye.

Mr. Barrett? Aye.

public hearing is now open the following will be the order in which this hearing will proceed staff will give a report the petitioners and representatives will be given the opportunity to speak all proponents will speak all opponents will speak a time limit of five minutes will be placed on each of the speakers who are expected to give their name and address for the record the board will then close the public hearing and make a final determination as to the amendment of the jed contract the board will then make a motion on the resolution concerning this case The board will now hear the report of staff. Mr. Carlson, have the legal requirements for this hearing been met?

They have.

Would you review your report and the amendment to the JED contract?

Absolutely. Thank you, board. Tonight, we have a second public hearing driven by receiving petitions. In this case, for a proposed public hearing and contract amendment to the Miami Township Dayton JED boundary. in this case to encompass the commercial parcels associated with the austin crossing development all property owners within the affected area in this case rg properties and the montgomery county transportation improvement district have submitted petitions so all petitioners flip that all properties have been signed and supported by the property owners through the petitions So no one is being brought into the JED that is not specifically requested to do so. Township is certainly supportive of this JED amendment. These JED funds will certainly support the growth of the JED, provide new revenues to the township, and will in turn support the public infrastructure project within the Austin Crossing development that will benefit both the project itself as well as many of the neighboring residential communities who have access to the new development and multimodal pathways

uh throughout so certainly a positive addition to our joint economic development district any questions of staff any questions thank you mr carlson the board will now hear from the petitioners hearing none the board will now hear from all proponents hearing none the board will now hear from all opponents This time I move we close the public hearing for the second amendment to the 2017 amended and restated Miami Township-Dayton Joint Economic Development District contract. Is there a second? I'll second. Any discussion?

Mr. Posner?

Aye.

Mr. Culp? Aye. Mr. Tavares? Aye.

At this time, I move we adopt resolution 92-2026, a resolution approving a second amendment to the 2017 amended and restated Miami Township Dayton Joint Economic Development District contract by and between Miami Township and the City of Dayton to add the property to the Miami Township, to add property to the Miami Township Dayton Joint Economic Development District. Is there a second? I'll second. Any discussion?

Mr. Posner?

Yes.

Mr. Cole? Aye. Mr. Mariner. Aye.

Resolution passes. Moving on to department head comments. Chief Nielsen.

yes i just want to mention to the board to staff and the public we're two weeks away from our next national night out we're going to be down at austin landing beginning at about 5 30 p.m for the rest of the night we've got a lot of partnerships with businesses and restaurants we've got some churches that are going to come out we've got a couple block parties being thrown for us that we're going to obviously stop by and attend so we just want to encourage everybody that's available to stop by austin landing and you're going to see us because we're going to have a lot of tents and a lot of people and a lot of presence down there so That'll be Tuesday, August 4th. Thank you.

Thank you. Mr. Schweikert.

Good evening board. I don't believe that our last meeting I provided an update on some of our projects that are going on, but it was worth noting that we had 3 community development block grant projects that were all due to be completed by June 30th and we met that timeline and I'd just like to touch on a few of them. Layer Park. We have some recreation improvements with the ball diamonds ADA compliance. It looks fantastic. Some new tables down there. 16 new curb ramps in the huber south subdivision in preparation for future resurfacing was completed and then a street park fully looks like a whole new park with some of the ada upgrades and gazebo down there and then also since those three have been completed we submitted for reimbursement We also have Cromer Park, which is underway due to be completed next year, CBG. And as I speak, the new playground is being installed. New shelter be installed here soon and a few other upgrades. So that's some exciting news going on in the township and the parks. But I can't help but also mention that we received notification that we received a few hundred thousand dollars from the state capital budget for Miami improvements that include some 88 projects and some recreation to go in up there. So I couldn't have done it without the help from Alex and his staff and the fine people down at Public Works. But outside of parks, I would just also like to mention that our road department has been very hard at work with all the storms that have been going on, working on some of the water management. So I just want to give a shout out to everybody at Public Works and Community Development.

Thank you, Mr. Schweiker. Congratulations on those achievements. Mr. Carlson.

I just quickly want to thank my staff particular Max McConnell's act Wilson each of those cases we get through a couple minutes tonight, but those each constitute dozens of hours of peace of work from our staff so with so many items on the agenda and a couple more coming a couple we just finished that they did great work and I just appreciate all the hard work on this.

Thank you and I would like to encourage your. the compliments the applicants all have had for you your team along with the concept of this being a dialogue to arrive at a better result things are uh worthy and worthwhile achievements thank you mr mccord i don't have anything tonight sir Mr. Snyder.

I do a few comments tonight. Again, since we don't meet until August 18th is our next meeting. In between that, as well as National Night Out, we are also planning to renew Runway Fest this year in our partnership with the City of Dayton and Dayton Wright Brothers Airport. That is planned for Friday, August 14th from 6 to 10 p.m. They do have information on Facebook. We'll be pushing out information through our social media feeds on the event and details. There is planned to be a fireworks show as well as static displays. I think they have 8 to 10 displays. food trucks out planned for that night as well along with a lot of other activities it is free to enter there will be parking available at austin landing and we are working to set up a shuttle system for that to parking as well so I also want to again congratulate Gigi's Place. Several of us attended that event this Saturday, welcoming them to the community. They are again an assisted living facility located on Spring Valley Pike. to reiterate mr. Carlson's comments tonight just wanted to note again all of the work that went into all the different cases that you heard tonight those cases represent collectively approximately one hundred and one point five million dollars of new proposed construction value in the community. Again, that work will work to increase our supply of housing options in the community as well as supporting job growth in the area. Also want to thank our citizen volunteers who serve on our zoning commission for the many hours that they spend as well and reviewing these plans before they land in front of this board. So We also had three projects tonight that represented continuing partnerships with three separate communities to enhance development opportunities in the area, share resources, and again, promote intergovernmental cooperation between all of the adjacent communities. So thank you very much, Board. That's all I have tonight.

Thank you, Mr. Snyder. Elected official comments. Mr. Klingerman.

Thank you. Mr. Berry.

I just want to reiterate what everybody's been saying all night and how well our staff has been working, getting all this stuff together. Just really appreciate all your guys' hard work. Alex, your team has been awesome. John, keep getting all that money coming back to the township. Great work. And then also the police department for always keeping us safe. So appreciate you all.

Thank you. Mr. Culp.

Mr. Posey is going to mention this here in a minute, but I just wanted to express my condolences to the Sharon Lowry family. Sharon and I worked together for the last 25 years on different projects, and she was definitely a mainstay in the community and was always interested in what was going on in Miami Township. For those of you that don't know, she was a township trustee next door to us in Washington Township, so we're going to miss her.

Thank you. I reiterate those comments. Sharon was a long-term public servant, always excited to see people, always excited to be supportive of the community, and did reach out to make sure that our communities were working together when there was an opportunity to do so. Our condolences to her family and to the township as a whole. With that, I adjourn the meeting at 7.02 p.m.