TROY OHIO  TROY CITY COUNCIL COMMITEE MEETING COUNCIL CHAMBERS, CITY HALL 100 S. Market Street, Troy, Ohio  MONDAY, AUGUST12, 2024,6:00PM Finance Committee  (Severt [Chm.), Schilling, Westfall)  1. Provide a recommendation to Council regarding authorizing the Director of Public Service and Safety to amend the Construction Management at Risk (CMAR) Pre-construction and Construction: Services Agreement with Peterson Construction Company of Wapakoneta, Ohio to perform construction services for the Valve Replacement Project at the Water Treatment  Plant (WTP) at acost not to exceed $1,357,151.  Law & Ordinance Committee  (Whidden [Chm.), Marshall, Twiss)  1. Provide a recommendation to Council regarding Ordinance No. 0-28-2024, rezoning Parcel Numbers D08-101816 & D08-006000, Located at or Near at 518 E. Water St. from M-2, Light Industrial District, to OR1,OlmiceResdence. This rezoning has been recommended by the Troy  Planning Commission.  8-12-2024 Cc: Council Mayor Mr. Titterington, Mr. Kerber Mr. Frigge, Departments, Media    FINANCE COMMITTEE    Patriçk E.. J. Titterington Director of Public Service & Safety Patnck.itteringtongton@troyohio.gov  TROY OHIO  937-335-1725  MEMORANDUM  TO: FROM: DATE:  Mr. Rozell, President of Council  Patrick E. J. Titterington, Director of Public Service and Safety  Phb  August 8, 2024  SUBJECT: AUTHORIZE CMAR PRE-CONSTRUCTION & CONSTRUCTION SERVICES  AGREEMENT WITH PETERSON CONSTRUCTION COMPANY FOR THE WATER  TREATMENT PLANT VALVE REPLACEMENT PROJECT  RECOMMENDATION:  That Council authorizes the Director of Public Service and Safety to accept the Guaranteed Maximum Price (GMP) from the Construction Management at Risk (CMAR) Pre-construction and Construction Services Agreement with Peterson Construction Company of Wapakoneta, Ohio to perform construction: services for the Valve Replacement Project ati the Water Treatment Plant (WTP) at a cost not to exceed $1,357,151. The Valve Replacement Project was precipitated by the 2022 filter media cleaning in which acid escaped through leaking valves on the filters. This low pH water entered the clearwell and in an attempt to isolate the water, valves were operated to bypass the clearwell. Once the situation was corrected the valves were operated back to their original position, but the extensions broke before the end was reached. These 48" valves are approximately 35 feet deep and has ground water infiltration that must be handled safely. Due to the depth of excavation, the size of the valves and the ground water in the area, it was decided this project would benefit utilizing the Ohio Revised Code Construction Management at Risk (CMAR) process to reduce time and costs associated with the project. The project includes installation of dewatering wells to allow excavation and operation of valves int they yard tol bypass the clearwell for the duration of thep project. Replacement of valves and piping in the clearwell vault to allow isolation ofi inner clearwell, outer clearwell and bypassing of the clearwell. Valves in the yard will then be eliminated and excavation area restored. The anticipated substantial completion for this project is September 2025. The approval for the pre- construction and construction services was the first step in the CMAR process as was authorized for $250,000 by Resolution R-4-2024. The GMP as required in the CMAR process has been submitted for construction in the amount of$1,336,751. Pre-construction services were $20,400, bringing the entire total project amount to $1,357,151. This total amount already includes the $250,000 previously authorized. The additional amount requested for the project is $1,107,151. While this project was originally estimated at Itwould be appreciated if you would assign to a Committee of Council authorizing the Director of Public Service and Safety to amend the Construction Management at Risk (CMAR) Pre-construction and Construction Services Agreement with Peterson Construction Company of Wapakoneta, Ohio to perform construction services for the' Valve Replacement Project at the Water Treatment Plant (WTP) at a cost not  BACKGROUND:  $1,000,000, sufficient funds are available ini the' Water Fund.  REQUESTED ACTION:  toe exceed $1,357,151.  100 South Market Street, Troy, OH 45373  Makeat yyouss    LAW & ORDINANCE COMMITTEE    CITYOFTROY,OHO  ORDINANCE No. 0-28-2024  DayualegdBhnk,lae.  AN ORDINANCE CHANGING THE ZONING OF PARCEL NUMBERS D08-101816 AND D08-006000, LOCATED AT OR NEAR 518 E. WATER STREET,N THE CITY OF TROY, OHIO, FROM M-2, LIGHT INDUSTRIAL DISTRICT, TO OR-1, OFFICE-  RESIDENCE DISTRICT  WHEREAS, a request for a zoning change was presented to the Planning Commission of the City of Troy, Ohio tor rezone Parcel Numbers D08-101816 and D08- 006000, located at or near 518 E. Water Street int the City of Troy, Ohio, from M-2, Light WHEREAS, the Planning Commission of the City of Troy, Ohio, has reviewed WHEREAS, at least thirty days notice oft the public hearing of said change has NOW, THEREFORE, BE IT ORDAINED by the Council oft the City of Troy, Ohio SECTION!: Thatt the: zoning of Parcel Numbers D08-101816. and D08-006000, located at orr near 518 E. Water Street int the City of Troy, Ohio, from M-2, Light! Industrial SECTION: Thatt this Ordinance shall be effective att thee earliest date allowed by  Industrial District, to OR-1, Office-Residence District; and thep plan and recommended: approval; and been providedi inar newspaper of general circulation.  asf follows:  District, to OR-1, Office-Residence District, be approved.  law.  Adopted: Approved: Attest:  President ofC Council  Clerk of Council  Mayor    TROY OHIO  TROY PLANNING COMMISSION  MEMORANDUM TO: FROM: DATE: SUBJECT:  Mr. Rozell, President, Troy City Council Sue Knight, for the Troy Planning Commission  July 8, 2024  PROPOSED REZONING - PARCEL NUMBERS D08-101816 AND D08-006000, LOCATED AT OR NEAR 518 E. WATER STREET, FROM M-2, LIGHT INDUSTRIAL  DISTRICT, TO OR,OPFCERESDENCE  On June 12, 2024, the Troy Planning Commission considered the rezoning of two parcels (Parcel Numbers D08-101816 and D08-006000) located at or near 518 E. Water Street, from M-2, Light Industrial District, to OR-1, Office-Residence District. This is the vacant property located east of N. Crawford Street, and is the former Spinnaker Coating location. The property owner is 518 Water The Planning Commission determined not to hold a public hearing on this rezoning application. By unanimous vote, the Troy Planning Commission recommends to Troy City Council that Parcel Numbers D08-101816 and D08-006000, located at or near 518 E. Water Street, Troy, Ohio, be rezoned from M-2, Light Industrial District, to OR-1, Offiçe-Residence District, based on the findings  LLC, and the applicant is East Troy Development, LLC.  of staff that:  The proposed rezoning is consistent with the intent and purposes of the City of Troy Zoning  Code  The proposed rezoning is consistent with the surrounding zoning districts The proposed use is consistent with permitted uses in the OR-1 District  Attached is a copy of the information reviewed by the Commission, as well as copies of the principal permitted uses of the current and proposed zoning districts. This request is forwarded The Public Hearing before Council has been set for the August 5, 2024, meeting of Council.  herewith to Council for consideration.  encl.    Austin Eidemiller  TROY DEVBKOPMENT DEPARTMENT  Planning & Zoning Manager tnabmleretoyalagw  MEMORANDUM  TO: FROM: DATE: SUBJECT: BACKGROUND:  City of Troy Planning Commission Members Austin Eidemiller, Planning & Zoning Manager  June 12, 2024  518E. Water Street-R Rezoning Request  Arequest by the applicant, East Troy Development LLC for the Planning Commission to consider the rezoning of the property located at 518 E. Water Street from M-2, Light Industrial District, to OR-1, Office Residence The land is currently vacant and was previously home to spinnaker coating. The surrounding include the R-6 Two Family Residential to the south and west. The' WO Wellhead Operation District zoning is located  District. The property is located on E. Water Street east of N. Crawford Street.  districts  directly tot the north. Please see attached Exhibit A-2 Zoning Map.  DISCUSSION:  The Zoning Code describes the proposed OR-1 zoning district as "designed to accommodate a mixture of residential and office uses. Medium intensity residential and office uses are permitted with a lot area requirement of three thousand (3,000) square feet per dwelling unit. Residential and office uses may be mixed int the same building or structure.. A variety of personal service uses which are compatible with the other uses of the "OR-1" Ofice-Residence District are permitted. This district is mapped along major thoroughfares, near The Comprehensive Plan's Future Land Use Map (Figure 14-2) displays this property as an existing industrial use surrounded by existing commercial tot the west. A copy of Figure 14-2 has been attached to this report. In reviewing a rezoning proposal, Section 1139.07 outlines the criteria on which to base decisions. Staff (A) Whether the change in classification would be consistent with the intent and purpose oft this Zoning Code. The proposed rezoning is consistent with the Zoning Code. Section 1131.02(0) & (r) state the purposes of the Zoning Code: are to preserve and enhance property value, and direct particular land uses to the best suited for them. The proposed rezoning request achieves these purposes. (B) Whether the proposed amendment is made necessary because of changed or changing conditions int the area affected, and, ifso, the nature of such changed or changing conditions.  hospitals and as at transitional area between commercial and residential uses."  analysis can be foundi in Red below:  ofl land parcel  100 South Market Street, Troy, OH 45373-7303    Austin Eidemiller  TROY DIVELOPMINT DEPARYMENT  Planning & Zoning Manager utnamiliegtpalager  The changing condition that led toi this rezoning request is the demolition oft the Spinnaker Coating facility. The proposed zoning district will not have any adverse effects in the area. Commercial and residential uses exist (C) Whether the uses that would be permitted on the property if it were reclassified would be compatible with The proposed use is compatible and similar to the commercial uses that currently exist toi the west. (D) Whether adequate utility, sewer, and water facilities, and all other needed public services exist or can be provided to serve the uses that would be permitted on a property ifit were reclassified.  tot the west oft the subject property.  the uses, permitted on other property in the immediate vicinity.  Adequate utilities are being provided toi the property in reference. substantial, part of such vacant land unavailable for development.  (E) The amount of vacant land that currently has the same zoning classification as is proposed for the subject property, particularly in the vicinity of the subject property, and any special circumstances, in any, that make a Int the vicinity oft the subject property, there is no unavailable vacant land for development with the  classification. to the subject property. Not applicable in this request. PUBLIC HEARING:  OR-1zoning  (F) Whether the proposed amendment would correct an errori in the application oft this Zoning Code as applied  Due to the straight forward nature of the rezoning request, the compliance with the City of Troy Comprehensive Plan, and the fact that City Council is required to hold a public hearing if the request proceeds on, staff does  not feel that a public hearing before the Planning Commission is warranted.  RECOMMENDATION:  Iti is staff's opinion that the proposed rezoning will achieve the desired transitional district as discussed in the City of Troy's Comprehensive Plan and Zoning Code. The intent of the OR-1 is act as a transitional area between commercial and residential uses. It is important to note that the Comprehensive Plan just shows existing land uses fort this area and does not provide any recommendation for future land uses for the in reference. The City is currently in the process of updating its Comprehensive Plan. The draft version property of the Future Land Use Map identifies this property as Trail-Oriented Development. The proposed district complies  with the Future Land Use map.  100 South Market Street, Troy, OH 45373-7303    Austin Eidemiller  TROY DEVBLOPMENT DEPARTMENT  Planning & Zoning Manager mtnadmilwevyalope  Staff is recommending: that the Planning Commission recommend approval oft the proposed rezoning from M- oThe proposed rezoning is consistent with the intent and purposes of the City of Troy Zoning Code; and  21 Light Industrial District to OR-1 Office Residence District, based on the following: oThe proposed rezoning is consistent with the surrounding zoning districts; and oThe proposed use is consistent with permitted uses int the OR-1 district.  300 South Market Street, Troy, OH 45373-7303    NE  o  Legend Major Highways RoadiD  sa Land Use Existing Land Usa  Figure: 14-2 NE. Future: Land Use  CyefIny    Scheduled Planning Commission Meeting (Held every: 2nd and 4th Wednesday oft the month at 3:30p p.m.) Applicant(s): scheduled ont the agenda will be notified  Office Use Only Date Fled Say Accepted by - Filing Fee Pd.10 Receipt# O4OS  Date Requested:  APPLICATION IS DUE TWO (2) WEEKS PRIOR TO MEETING  APPLICATION FOR ZONING AMENDMENT CITY OF TROY PLANNING COMMISSION (MUST BE TYPED ORI PRINTEDLEGIBLYI INE BLACKINK)  (READ SECTION 1139 OF THE: ZONING CODE BEFORE COMPLETING APPLICATION)  An application fora an amendment to the City of Troy, Ohlo Zoning Code that would change the: zoning classification for  the property located at 518 E. Water St.  (Street Address) from M-2 (Existing Zoning Classification)  008-01816/008-0800 (Parcel Identification Number) OWNER  being lot number(s).  to OR-1 (Proposed Zoning Classification) APPLICANT  Name 518 Water LLC Address 4471 Southern Blvd. City Kettering State OH Zip Code 45429 Phone No. 937-416-0881 Fax No.  Name East Troy Development, LLC  Address 9W. Water St. City Troy State OH Zip Code 45373 Phone No. 937-552-9400 Faxi No.  Email migearnardt@gmal.com The applicant is the buyer PLEASE PROVIDE THE FOLLOWING:  Email Mi@harelsonlip.com  of the property, which is subject to this application.  (Statet thei interest oft the applicent)  1. The reasonsi for seeking a change in the: zoning classification orz zoning text: Attach as EXHIBIT"A". 2. Thel legal description of the land proposed to be reclassified: Attach as EXHIBIT "B". 3. As site plan prepared by a registered engineer, surveyor or architect in duplicate drawn to such scale as to clearly a, The actual dimensions of the subject property according tot the recorded piat of such property, lot numbers, lt's present zoning classification, existing and proposed uses: Attach as EXHIBIT "C". b. The present: zoning Classification of all surrounding lands located within two hundred and fifty feet Al list (see example) of the names, addresses, andi lot numbers of the owners of property within a radius of two hundred and fifty (250) feet from the parcel or parcels of land proposed to be reclassified:  show:  of the land proposed to be reclassified: Attach as EXHIBIT "D".  (250)  Attach as EXHIBIT "E"  Include one (1)copy of County Tax Maps Include two (2) sets of mailing labels  4. 2complete sets (Exhibits A-E) reproducible inaf format no larger than 11"x17"  5, Fling Fee of $250.00 made payable to the City of Troy  Page 10 of2    IHEREBY DEPOSE AND SAY THAT THE ABOVE STATEMENTS AND THE STATEMENTS CONTAINED  THE EXHIBITS PREPARED BYI ME AND' TRANSMITTED HEREWITH ARE TRUE.  IN ALL  (Applicant Signature)  A  Subscribed and sworn to before me this 21 dayo of May  2024  3/10/25  My Commissian Expires  (Month/Date/Year)  MACYI MILHEIM, Nolary! Pblo Ina andi for thes State dfOhlo Myo Commissiont Epiresk Martht 142003 Recordedi ink Miami Counly  Mblri  May  (Notary Public)  (For Office Use Only- Dol Notl Write Below This! Line)  REQUIRED DOCUMENTS:  EXHIBIT A Reasons for Zoning Reclassification EXHIBIT B Legal Description  EXHIBIT C Site Plan: lot dimensions, lot numbers, current zoning, existing and proposed uses  EXHIBIT D Site Map with Zoning & Owners within 2501 feet of parcel EXHIBIT E Property Owners List within 2501 feet of parcel  Labeis Copies Map(s)  Two (2) Sets of Mailing Labels of Property Owners (1) Complete Sets in a reproducible format 11"x17"  One (1) County Tex! Map(s)  Filing! Fee Checki issued to City of Troy for $250.00  Additional Documentation (List):  PLANNING COMMISSION DISPOSITION:  PUBLIC HEARING DATE  RECOMMENDATION TO CITY COUNCIL  CITY COUNCIL DISPOSITION: 1-Reading: Approved: Ordinance Number: Effective Date: Page2af2  2nd:  3rd:  PUBLIC HEARING DATE COUNCIL COMMITTEE RECOMMENDATION CITY COUNCIL ACTION  Denied:  Revised 10/25/11    ExhibitA  Currentlyzoned as M-2, requesting to be rezoned to OR-1toredevelop for mixed use.  ExhibitB  Legal Description: D08-101816 D08-006000    ERA-Zonng Map  402  Legend  County Zoning (Outside Troy) Agriculture: 20/ Acre Min. Agridafure-Reaidenta: 5Acrel Min. R-1 Single! Family Residential: 40,000 SqFt. R-2 Single Family Residential:: 20,000 SqFt. R-3 Single Family Residential: 15,000 SqFL. R-3B Single Family Residential: 12,000 SqFt R-4 Single Famllyl Residential: 9,000 SqFL R-5 Single Famlly Residential: 6,000 SqFL R-6' Twol Famlly! Residentia!: 3,000 SqFVDU R-7 Mulliple Famlly Residential: 3,000 SqFL/DU OR-1 Ofice-Residentia!: 3,000 SqFLDU OC-1 Ofice-Commercial District B-1 Local Retail District B-2 General Business District B-3 Central Business Dietrict B-41 Highway Servicel Business District M-1 Planned industrial District M-21 Light Industrial District M-3 General Industrial District PUD Plenned Unit Development WO Wellhead Operation District Cily Administered County Zoning  301  518  405 0413  EWalerStreet  420  444  617  409  419 423427 441 431.437  5154  MainStreet  901 903  504  630 702' 16  720 7081744, 802- 810 40  424 428 432  510) 514 604 614620)  608  820 828 834; 902 10  415) 417 24  1501 509  603,607/513/619 6256294  709 719,20 801    1143.18 M-2LIGHTI INDUSTRIALI DISTRICT  (a) Purpose. The' "M-2" Light Industrial District is designed to provide fori industrial uses, which can be operated in such a manner as to conform to the applicable performance. standards specified int the district. These performance standards regulate such uses in order to prohibit congestion andi fort the protection of adjacent residential and (b) Principal Permitted Uses. Only those uses: set forth below which continuously conform to all the requirements of divisions (d) through (f) oft this section shall be permitted: a Agricultural implement: sales and service. 4 Agricultural uses. à Auction sales. 4 Automobile fuel dispensing station. a Automobile parking garages. à Automobile parking lots. 4 Automobile repair garages - including body work. a Bakeries - wholesale sales. a Beverage distributors and bottling plants. 4 Bone, canvas, cellophane, clay, cloth, cork, feathers, felt - manufacturing, assembling, compounding, or treatment (or any combination oft these processes). * Building material sales ands storage facilities. 4 Carpentry shops. 4 Cash advance businesses. 4 Cement block and formed products manufacturing. 4 Cold: storage plants. à Commercial greenhouses and nurseries. 4 Contractor sales, storage and equipment yards. & Crematoriums (pet and human). 4 Dairy andi food product processing and packaging. 4 Driver training schools (trucks). * Dry cleaning - commercial. a Electrical and electronic products, components and equipment - manufacturing, assembling orr repair. à Equipment rental services, including cars, trucks and trailers. 4 Exterminating services. a Fiber, fur, glass, hair, horn, leather, paper, plastics, rubber, precious or semi-precious stone or metal, sheet metal, shell, textiles, tobacco, wax, wire and wood, but not including as a principal operation, ther manufacture of such substances. a Food brokers - retail, wholesale and storage without processing. 4 Frozen food lockers. 4 Garden stores. 4 Government buildings, structures, or premises used exclusively bei federal, state, county, township, or municipal governments for public purposes, butr not including work shops, warehouse, or open material storage. 4 Government buildings, structures, or premises used exclusively byf federal, state, county, township or municipal governments for public purposes, provided open storage areas ares screened. 4 Heating, A/C, electric andp plumbing sales, service andi repair. 4 Liquid fuel, petroleum products, petroleum, and volatile oils bulk storage stations in accordance with Section 1143.18(g) hereof. 4 Machine shops, tool and die shops. 4 Machinery and heavy equipment rental, sales and storage. N Manufacturing, assembling or repair of medical, dental, optical and similar precision instruments or appliances. 4 Meat processing and packaging, exclusive ofs slaughtering. & Medical and dental laboratories. 4 Metal products, excluding structural steel andi foundry products or product from previously prepared materials - manufacturing, compounding, assembling or treatment (or any combination of these processes). 4 Moving and storage companies. 4 Musical instruments -1 manufacturing, assembling or repair. * Novelties, toys andi rubber products - manufacturing, assembling or repair. * Pawn shops. 4 Pharmaceutical products, including cosmetics, toiletries and perfumes, but excluding the manufacture of soapi from raw materials or products previously prepared-manufacturing. compounding, assembling, or treatment (or any combination of these processes). a Pool Halls. a Printing, publishing, binding and typesetting plants. 4 Private clubs. 4 Public utility. 4 Railroad: stations, depots, train yards, classification yards andt team tracks. 4 Research and engineering laboratories. a Sales offices and service centers. 4 Sawing and planning mills. à Sexually oriented business. * Sign painting and manufacture. 4 Stone products processing and manufacturing. a Tattoo parlors. a Truck fuel dispensing stations. 4 Truck repair facility. * Truck sales and service. 4 Truck washing facility. 4 Trucking and motor freight terminals. à Watches and clocks, including clock operated devices manufacturing, assembling or repair. 4 Water filtration plants and pumping stations. 4 Wholesale houses,  business activities.  warehouse and other storage facilities.    OR-10 OFFICE-RESIDENCE DISTRICT  (a) Purpose. The' "OR-1" Office Residence District is designed to accommodate a mixture of residential and office uses. Medium intensity residential and office uses are permitted witha al lota area requirement of three thousand (3,000) square feet per dwelling unit. Residential and office uses may ber mixedi ini thes same building or structure. Al variety of personal service uses which are compatible with the other uses of the' "OR-1" Office-Residence District are permitted. This district is mappéd along Updated 10/3/202271 major thoroughfares, near hospitals and as at transitional area (b)F Principal Permitted Uses Only those uses set forth below which continuously conform to all the requirements of a Accountant's office. a Adult Family Home. a Adult Group Home. 4 Architect's office. 4 Art galleries and museums. 4A Artist, sculptor and composer studios. 4 Attorney's office. 4 Automobile parking garages. 4 Automobile parking lots. * Banks andi financial institutions. 4 Barber and! beauty shops. a Bed and Breakfast. 4 Day-care centers. & Churches, chapels, temples, synagogues. 4 Engineer's office. 4 Family Home. 4 Florists. a Foster Family Home. 4 Gift shops. * Government buildings, structures, or premises used exclusively be federal, state, county, township, or municipal governments for public purposes, but not including work: shops, warehouse, or open material storage. 4 Group Home. 4 Halfway House. 4 Health studios and clubs. 4 Insurance agent's office. à Intermediate Care Home. 4 Libraries. 4 Medical and dental laboratories. 4 Medical and dental office/clinic. 4 Mortuaries and funeral parlors. 4 Multiple-family dwelling. à Newsstand-retail. sales. 4 Nursing homes. a Photo studios. 4 Professional Offices not otherwise mentioned. * Public parks, playgrounds and community centers. * Public utility. a Real estate broker's office. a Residential use on second story or above. 4 Rooming houses. à Schools - primary, intermediate and secondary - public or private. a Seamstress andi tailor. 4 Single family dwellings. 4 Social Care Home. 4 Two-family  between commercial and residential uses.  divisions (d) through (f) of this section: shall be permitted:  dwellings.