Council Committee Meetings (5/11 and 5/12/2015)

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MONDAY, May 11, 2015, 5:45 PM

Recreation & Parks Committee

TROY CITY COUNCIL COMMITTEE MEETING NOTICE

COUNCIL CHAMBERS, CITY HALL 100 S. MARKET STREET, TROY, OHIO

(Heath [Chm.], Oda, Tremblay)

1 . Provide a recommendation to Council regarding authorizing the Director of Public Service and Safety to execute the grant agreement with the Ohio Department of Natural Resources (ODNR) related to the funding related to the parking lot at Treasure Island Park, grant for $150,000.

Utilities Committee (Tremblay [Chm.], Clark, Twiss) 1 . Provide a recommendation to Council regarding authorizing the Director of Public Service &

Safety to advertise for bids and enter into a contract for a lime slaker system for the Water Treatment Plant at a cost not to exceed $182,000.

TUESDAY, May 12, 2015, 5:30 PM

Community & Economic Development Committee (Twiss [Chm.], Kendall, Schweser) 1. Provide a recommendation to Council regarding 0-11-2015, the rezoning of part of IL 6047, area

of 14.577 Acres, from B-2, General Business District. This parcel is located on Towne Park Drive. This area is generally located north of SR 41 and East of Experiment Farm Road.

Other Committees/items may be added.

5-7-2015

cc: Council Mayor Mr. Titterington Mr. Livingston Mr. Stickel Department Heads Chamber of Commerce Bd of Education media

RECREATION & PARKS COMMITTEE

~tQ'/, Q'{\\Q City of Troy us~

TO:

FROM:

DATE:

MEMORANDUM

Mrs. Baker, President of Cu il

Patrick E. J. Titterington '~ May 5, 2015

Patrick E. J . ntterington I - - -

100 S. Market Street P. 0. Box 3003 Troy, Ohio 45373 www.troyohio.gov phone: (937) 335-1725 fax: (937) 339-8601

. . . -

patrick. [email protected]

SUBJECT: ODNR GRANT AGREEMENT, TREASURE ISLAND PARKING LOT

RECOMMENDATION: That Council authorizes the Director of Public Service and Safety to sign the grant agreement with the Ohio Department of Natural Resources (ODNR) related to the funding related to the parking lot at Treasure Island Park.

BACKGROUND: ODNR provided a Capital Improvement Community Recreation Project Grant in the amount of $150,000 related to the Treasure Island Improvement Project, and more specifically for the parking lot reconstruction. These funds were made available through HB 497. Staff has reviewed the grant agreement and provided the necessary documentation. The next step is for Council to authorize the Director of Public Service and Safety to sign the grant agreement. This is very similar to the process used by OPWC.

We are very grateful for the efforts and assistance of Senator Beagle and former Representative Adams in securing these grant dollars for the City of Troy.

REQUESTED ACTION: It would be appreciated if you would assign to a Committee of Council authorizing the Director of Public Service and Safety to execute this grant agreement

cc: Mayor Beamish J. Rhoades, City Engineer S. Kegley

UTILITIES COMMITTEE

~tQ'/, Q'(\\Q City of Troy us~

TO:

FROM:

DATE:

MEMORANDUM

Mrs. Baker, President of cm-, Patrick E. J. Titterington f('VfY May1,2015

Patrick E. J. ntterington Director of Public Service and Safe

100 S. Market Street P. 0. Box 3003 Troy. Ohio 45373 www.troyohio.gov phone: (937) 335-1725 fax: (937) 339-8601 pa [email protected]

SUBJECT: BIDDING AUTHORIZATION - LIME SLAKER SYSTEM FOR THE WATER PLANT

RECOMMENDATION: That Council authorizes the Director of Public Service and Safety to advertise for bids and enter into a contract for a replacement lime slaker system for the Water Treatment Plant at a cost not to exceed $182,000.

BACKGROUND: The current lime slaker system (slaker and feeder) at the Water Treatment Plant (WTP) was purchased in 1988. In In that the current system has exceeded the useful life span for such equipment, repairs are costly and only a temporary fix. $127,000 was included in the 2015 Water Plant budget for a replacement system. The budget amount was based on purchase of equipment with staff performing the installation. Staff no longer feels it is in the best inte.rest of the City or the WTP to attempt installation in-house as this would not be work with which the current staff has expertise and the installation will be rather complex and should be performed by the supplier of the system. However, as a new system is installed, one employee will be assigned to learn the installation process and become familiar with the new system, and then provide that information to other plant staff. It is estimated that installation will be approximately $55,000 for a total project authorization of $182,000. With the retirement of the plant Superintendent at the beginning of the year, and with one plant position still vacant, the City -Engineer has estimated the personnel savings will off-set the installation cost and the installation element can be included as part of the project without impacting the budget.

REQUESTED ACTION: It would be appreciated if you would assign to a Committee of Council consideration of recommending authorizing the Director of Public Service and Safety to advertise for bids and enter into a contract for a lime slaker system for the Water Treatment Plant at a cost not to exceed $182,000.

encl.

TO: PATRICK E.J. TITTERINGTON, DIRECTOR OF PUBLIC SERVICE AND SAFETY

Christy J. Butera, PE

100 S. Market Street, P. 0. Box 3003 Troy, Ohio 45373-7303 phone: 937-339-2641 /fax: 937-339-9341 [email protected]

FROM: Jillian Rhoades, PE, City Engineer/Christy J. Butera, PE, Assistant City Engineer

DATE: APRIL 29, 2015

SUBJECT: Authorization to Bid and Award the Lime Slaker System

Our existing Lime Slaker and feeder were purchased in 1988 and have reached the end of their useful life. This replacement project is currently in the budget in fund 710 (Machinery and Equipment) at an estimated cost of $127,000. This is a price for the equipment only.

In the fall when the budget was prepared, we had anticipated being able to install the new equipment ourselves. We no longer feel that it's in our best interest to install the equipment in-house due to the complexity of the installation specifications and believe that work should be completed by the equipment supplier. The WTP has not replaced a slaker of this nature previously in-house. In order to gain knowledge of the process w.r.t. to this unit, the WTP will be dedicating an employee to learn the installation process as the unit is installed. We estimate this additional expense at $55,000.

Due to the unexpected retirement of our previous plant superintendent we are still operating with one less employee at the facility. We don't expect to be at full staffing until late June and then additional time will be needed to train each person in their new role at the plant. It would be difficult for us to take the extra time needed to install the Slaker equipment ourselves. Though, because of these vacancies there will be extra funds available in personnel to offset the additional expense for equipment installation.

Staff is requesting legislation to authorize the bidding of the Replacement of the Lime Slaker System at the Water Treatment Plant at a cost not to exceed $182,000. Due to the personnel vacancy, no additional appropriations are requested.

If you have any questions or would like any additional information on this please let us know.

COMMUNITY& ECONOMIC DEVELOPMENT

COMMITTEE

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MEMORANDUM

TO:

FROM:

DATE:

Community and Economic ~ment Committee Patrick E. J. Titterington -{?~ May4, 2015

SUBJECT: Rezoning of Part of IL 6047 on Towne Park Drive

Mrs. Baker has assigned the request for the rezoning of part of IL 6047 on Towne Park Drive to the Community and Economic Development Committee. The rezoning Ordinance (Ordinance No. 0-11-2015) will have a public hearing at the May 4 meeting of Council. Following the Planning Commission recommendation being forwarded to Council, the developer has asked for two changes to the Covenants and Restrictions. The two changes are:

1. The developer wishes to use two carport spaces behind the building for storage of seasonal items (lawn mowers, snow blowers, etc.). The developer has requested to add the highlighted language to subsection g. of item 2. Standards in the Covenants and Restrictions Agreement as reviewed by Alan Kappers:

"g. Outside Storage and Equipment. No outdoor storage shall be permitted except for a minimal amount of storage which shall be permitted in the carports. Minimal amount of storage shall be defined as no greater than 10% of each carport. In addition the Owner shall be permitted to use 100% of no more than two carports for the storage of tools and equipment provided the stored items cannot be seen from the roadway."

This is different from the Planning Commission recommendation as the use of these two spaces for storage was not included. Staff has no issue with the change as, in fact; these two spaces would not be seen from the roadway.

2. The developer has provided a new prototype (attached) related to the percentage of stone/brick on the exterior of the building and requests the following wording:

"d. Building Materials. No exterior walls, including a rear wall, shall be permitted with exposed galvanized sheet, metal siding, concrete block, or light weight aggregate block, whether painted or not. All major equipment including but not limited to air conditioning equipment, heating equipment, electrical transformers, and dumpsters shall be screened from view with material consistent with the building material. Owner agrees to develop the building on the Property with a combination of vinyl siding and a minimum of:

50%-70% on the 2 story north front elevation, 20%-30% on the north 3 story elevation, approximately 15% on the east and west elevation and 15% on the south 1 story elevation either brick or stone on the exterior and all sides of the building as shown in Exhibit B, described as IL Entry- Brick Option or IL Entry-Stone Option Revised."

Page Two

This is different from the Planning Commission recommendation of 60% brick or stone exterior. After reviewing the drawings, the developer realized the 60% of brick or stone on the exterior (as in the initial request) is the same as "50%-70% on the 2 story north front elevation, 20%-30% on the north 3 story elevation, approximately 15% on the east and west elevation and 15% on the south 1 story elevation". Staff has no issue with the change the building stays consistent with their proposal. Still to be determined is the subject of brick or stone, which the Planning Commission left up to the developer.

As this matter is reviewed, consideration of the above two items will need to be determined.

encl. cc: Council

Mayor Beamish Mr. Titterington Mr. Livingston

MEMORANDUM

TO:

FROM:

DATE:

SUBJECT:

Mrs. Baker, President, Troy City Council

Sue Knight, for the Troy Planning Commission

March 30, 2015

REPORT OF THE PLANNING COMMISSION ON A REZONING APPLICATION - PART OF INLOT 6047 OF PARCEL DOS-056329 ON TOWNE PARK DRIVE FROM B-2, GENERAL BUSINESS DISTRICT, TO A PLANNED DEVELOPMENT; OWNER - HARSON INVESTMENTS, LTD. (ALEX KOLODESH); APPLICANT - CHOICE ONE ENGINEERING (JEFF PUTHOFF).

On March 25, 2015 the Troy Planning Commission considered the rezoning of part of lnlot 6047, Parcel D08-056329, 14.577 Acres, from the zoning of B-2, General Business District, to a Planned Development (PD). This parcel is located on Towne Park Drive. This area is generally located north of SR 41 and East of Experiment Farm Road. The applicant is Choice One Engineering on behalf of Triple M Investments. The owner is Harson Investments, Ltd.

It was noted that the rezoning is to construct a 185,875 square foot building to serve as a senior living facility on the lot, with the facility offering several different levels of care; the proposed parking spaces exceed the requirement; there are to be three points of access; a walk way around the building is part of the plan; there is already a walkway connecting to neighboring retail and other businesses; utilities are available; there is an adjacent storm water management feature; open space requirements are met; the plan conforms to the Comprehensive Plan and the TIF requirements.

The Planning Commission also considered this application at the meetings held February 25 and March 11, 2015. At both meetings the application was tabled so that staff and the Commission would receive and review Restrictions and Covenants specific for the development and a traffic impact study or analysis. The Commission initially reviewed the Restrictions and Covenants at the March 11, 2015, but requested more detail. Both the Restrictions and Covenants and the traffic impact analysis were received prior to the March 25 meeting.

The Planning Commission determined not to hold a public hearing on this rezoning application, noting that Council would hold a public hearing.

By unanimous vote, the Troy Planning Commission recommends to Troy City Council that the requested rezoning be approved for part of lnlot 6047 of Parcel D08-056329 on Towne Park Drive from B-2, General Business District, to a Planned Development (PD), with the condition that the restrictions and covenants be revised pursuant to the discussion at this Commission meeting, most specifically to include the language provided by Mr. Kappers, and that the developer provides the final information related to which exterior material (stone or brick) will be used and the percentage thereof, based on the three Attachment A to the renditions for the entry three story prototype that were part of the Commission's packet.

This request is forwarded herewith to Council for consideration.

The Public Hearing before Council has been set for the May 4 meeting of Council.

Page Two

The following information is attached as part of this transmittal:

Encl.

Packet provided the Commission at the March 25 meeting, which includes the March 11 packet. This includes the Covenants and Restrictions reviewed for the March 25 meeting and the traffic impact analysis.

The most recent Covenants and Restrictions, which include the updated site plan. It is noted that these Covenants and Restrictions have been reviewed by Commission Chair Alan Kappers, who has advised that the documents reference those items that were requested to be addressed at the March 25 Commission meeting.

Copy of the minutes of the February 25 and March 11 meetings, as well as the draft minutes of the March 25 meeting.

/

AGENDA - TROY PLANNING COMMISSION WEDNESDAY, MARCH 25, 2015, 3:30 P.M. CITY HALL, SECOND FLOOR COUNCIL CHAMBERS

1. Minutes - March 11, 2015

sf~ _) ( 0l 1-r-A- 3 -I I P~1

2. Rezoning Request - PT Inlot 6047 (Parcel DOS-056329) on Towne Park Drive from B-2, General Business District, to a Planned Development (PD) Owner: Harson Investments, Ltd. (Alex Kolodesh) Applicant: Choice One Engineering (Jeff Puthoff) -Remove from Table -Commission to Determine Whether or Not to Hold a Public Hearing -Commission to Make a Recommendation to City Council

3. Other

TO:

FROM:

SUBJECT:

DATE:

City of T roy Planning Division

Planning Commission

Planning Staff

Senior Living Facility

March 25, 2015

At the February 25, 2015, and March 11, 2015, Planning Commission (PC) meetings, a rezoning request was heard by the PC concerning a Planned Development located on a 14.577 acre property located on Towne Park Drive. The rezoning is required for the development of a proposed senior living facility. After discussion, this request was tabled at both meetings by the PC so they could collect additional information (Protective Covenants & Restrictions and a Traffic Analysis).

The applicant has provided information resulting from the concerns of the PC. Attached to this memo you will find Exhibit A (Protective Covenants and Restrictions) and Exhibit B (Traffic Site Analysis). You will also find the agenda, minutes, and the packet from the last PC meeting. Please review the provided information and be prepared to discuss at the upcoming PC meeting.

PROTECTIVE COVENANTS AND RESTRICTIONS AGREEMENT

THIS PROTECTIVE COVENANTS AND RESTRICTIONS AGREEMENT (this "Agreement") is entered into on this_ day of March, 2015, by and between the CITY OF TROY ("City"), and UNIFIED PROPERTY GROUP, LLC, a Michigan limited liability company, or its assigns ("Owner").

RECITALS:

A. Owner is the owner of that certain real property located in the City of Troy, County of Miami, State of Ohio (the "Property") as legally described in Exhibit "A".

B. City and Owner desire to enter into this Agreement to set forth certain protective covenants and restrictions relating to the Property.

NOW THEREFORE, in consideration of the covenants hereinafter set forth and other good and valuable consideration, City and Owner agree:

1. PURPOSE. It is the intent of these restrictive covenants to require that the Property be developed as an attractive, senior living development site, with ample landscaped open areas, attractive high quality structures, proper and desirable uses and appropriate development. The use of any portion of the Property shall all time conform to the applicable zoning ordinance of the City of Troy, Ohio. In order to protect the owners, tenants and subtenants against improper use and to guard against violation of these goals, the following standards are enacted.

2. STANDARDS.

a. Setbacks. No building or structures shall be erected within the following minimum setback areas.

i. From side property line 25 feet IL From rear property lines 25 feet.

111. From property lines abutting in the existing or proposed streets along highway rights of way - 25 feet

Where, however, the zoning ordinances of the City of Troy require greater setback, no building structure shall be erected within the minimum setback area provided for therein.

The setback areas are to be used exclusively for utilities, landscaping, lawns, driveways, area walks and off-street parking, providing, however, that no off-

street parking be allowed in any front yard setback. Parking shall not be permitted within I 0 feet on a right-of-way line on a dedicated street.

b. Construction. Building constructions and designs should be such as to create a completed structure with four ( 4) attractive sides of high quality rather than creating a front elevation of significantly different materials from side and rear elevations. The side of any structure that is not facing a public right of way may be constructed of approved materials of the basic design used in the structure.

c. Parking. Employee/Customer/Owner/Tenant parking will not be permitted on the private or publicly dedicated streets and it will be the responsibility of the Owner to provide the necessary parking facilities. Parking requirements shall be as follows:

1. The senior living use shall provide a minimum of one parking space per 1,000 square feet of gross floor space unless otherwise approved by Troy City Council.

11. All parking areas shall be properly maintained by Owner.

d. Building Materials. No exterior walls, including a rear wall, shall be permitted with exposed galvanized sheet, metal siding, concrete block, or light weight aggregate block, whether painted or not. All major equipment including but not limited to air conditioning equipment, heating equipment and electrical transformers shall be screened from view with material consistent with the building material. Owner agrees to develop the building on the Property with a combination of vinyl siding and either brick or stone on the exterior and all sides of the building.

e. Waste and Refuse. All materials or refuse, combustible or non-combustible, should be stored and maintained in closed containers. Such containers shall be shielded from view by permanent fully enclosed structures or screens using similar materials of the primary structure and consistent with the design of the building.

f. Landscaping. All open areas on a parcel not used for building, storage, parking, access roads and loading areas shall be suitably graded and drained and shall be seeded and maintained in grass and shall be further landscaped with trees and shrubs as to provide an attractive setting for the buildings and to screen parking, loading and road areas. The parking area of the site plan will have five percent (5%) of the interior parking area with landscaping per the City of Troy Zoning Code.

g. Outside Storage and Equipment. No outdoor storage shall be permitted except for a minimal amount of storage which shall be permitted in the carports.

h. Fences. No fences, walls, hedges or mass planting shall exceed a height of 6 feet nor be erected or installed or permitted to remain within 30 feet of a property line or right-of-way line. Chain link fences are not permitted. Fencing shall be prohibited beyond the front plane of the buildings. Metal fencing shall be prohibited. Notwithstanding the foregoing, Owner shall be permitted to install a fence around the detention pond in the event one is required. To the extent permissible under the City of Troy ordinance 521.07, such fence shall be opaque to hide trash storage.

1. Building Coverage. In no case shall coverage by building, access drives and parking exceed a total of seventy percent (70%) of the Property.

J. Permitted Uses. No more than forty percent ( 40%) of the Property may be used for retail uses which includes but is not limited to, retail store, cafe, bistro, pub style restaurant, beauty salons and fitness center.

k. Code Compliance. This site will be developed in compliance with all applicable building, engineering, and zoning standards unless specifically stated within this agreement.

[Signatures on Following Page]

IN WITNESS WHEREOF, the parties have executed this Agreement on the date first written above.

CITY:

CITY OF TROY,

By:

Its:

OWNER:

UNIFIED PROPERTY GROUP,

By:

Its:

[Notarizations on Following Page]

a

a

[Notarization Page to Agreement]

STATE OF _____ ) ) SS.

COUNTY OF ____ )

On this __ day of March, 2015, before me the subscriber, a Notary Public in and for said county, personally appeared , as of the CITY OF TROY, a , to me personally known, who by me duly sworn, did say that said instrument was signed on behalf of said company and acknowledged said instrument to be the free act and deed of the company.

__________ ,Notary Public ______ County, _____ _ My commission expires: _____ _ Acting in County

STATE OF _____ ) ) SS.

COUNTY OF ____ )

On this __ day of March, 2015, before me the subscriber, a Notary Public in and for said county, personally appeared , as of the UNIFIED PROPERTY GROUP, a Michigan limited liability company, to me personally known, who by me duly sworn, did say that said instrument was signed on behalf of said company and acknowledged said instrument to be the free act and deed of the company.

THIS DOCUMENT DRAFTED BY AND WHEN RECORDED RETURN TO:

Adam P. Lumberg, Esq. Sullivan, Ward, Asher & Patton, P.C. 25800 Northwestern - Suite 1000 Southfield, MI 48075 248-746-0700

__________ ,Notary Public ______ County, _____ _ My commission expires: _____ _ Acting in County

EXHIBIT "A"

Situated in the City of Troy, County of Miami, State of Ohio, and being within Section 17, Town 5, Range 6 East and also being a part of Inlot 6047 of the consecutive numbered lots of the City of Troy bounded and described as follows:

Commencing at an iron pin found on the Southerly right-of-way line Towne Park Drive which marks the Northeast corner of Inlot 9433 of the Troy Towne Park Subdivision Section One as recorded in Plat Book 20, Page 12, said iron pin being the True Point of Beginning for the herein after described tract;

Thence, with the Southerly and Westerly right-of-way line of said Towne Park Drive the following three (3) courses:

(1) Thence, North 87 deg. 39'00" East a distance of 504.86 feet to an iron pin set;

(2) Thence, with a curve to the right of radius= 170.00 feet, delta angle= 89 deg. 18'32", long chord bears South 47 deg. 41 '44" East 238.96 feet, and along the arc a distance of 264.86 feet to an iron pin set;

(3) Thence, South 03 deg. 02'28" East a distance of 885.08 feet to an iron pin set on the common lot line between Inlots 604 7 and 7996;

Thence, with the said common lot line, South 87 deg. 18'53" West a distance of 188.89 feet to an iron pin set;

Thence, North 61 deg. 07'04" West a distance of 580.80 feet to an iron pin found, corner to Inlot 9433 and on the Easterly line of said Troy Towne Park Sec. One;

Thence, with the lot line and said plat line, North 02 deg. 21 '00" West a distance of 752.92 feet, returning to the True Point of Beginning, containing 14.577 acres, more or less.

Description Prepared by Professional Associates, Inc. - M.L. Oxner, Reg. Surveyor No. 6209, March 5, 2004. Bearing basis correlated to the section line and centerline of Experiment Farm Road as North 02 deg. 21 '00" West per SV 12 Plat 107. Iron pins set are 5/8"dia. x 30"L with ID cap.

Parcel No. D08-056329

Senior Living Center Troy Towne Drive

Miami County Troy, Ohio

Traffic Site Analysis

By: Richard L. Oaks, PE Traffic and Transportation Engineer

2015 March 23

Senior Living Center To Be Located on

Troy Towne Drive Troy, Ohio

Report Prepared by: Richard L. Oaks, PE

Traffic and Transportation Engineer Oaks Engineering

13 97 Jackson Road Vandalia, Ohio 45377

Phone: 937-672-9011 [email protected]

2

TABLE OF CONTENTS

Section

Introduction

Executive Summary

Vicinity Maps

Project Location

Existing Traffic Count Data

Site Generated Traffic

Traffic Distribution

Conclusions

AM Peak Hour Summary Map

PM Peak Hour Summary Map

Appendix A - ITE Trip Generation Calculations

Appendix B - Existing Traffic Count Data On Troy Towne Drive

Page

4

4

5

6

6

6

6

7

8

9

10-13

14- 16

3

Introduction

The purpose of this report is to collect and analyze traffic count data on the public roadway section of Troy Towne Drive and to determine ifthe proposed development will add an appreciable amount of traffic to this public roadway.

Troy Towne Drive heads east from Experimental Farm Road and then turns to the south to the 'turn-a-round' at the northeast corner ofWalmart. This proposed development is to be located in the vacant land in the southwest corner where Troy Towne Drive turns from its east-west alignment to its north-south alignment.

The proposed development is for the care of senior citizens. The facility is planed to address specific needs as follows:

92 units Independent Living- 72 1 bedroom units, 20 2 bedroom units 30 units The Harbors (assisted living light) - 4 studios, 24 1 bedroom, 2 2 bedroom units 36 units Assisted Living Memory Care - 32 1 bedroom units, 4 2 bedroom units

158 units current 3 6 units future Independent Living

194 units at full site build out use in this analysis

There are two full movement access points to the proposed site; one to the north and one to the east.

The procedure used for this study was to: 1. Collect 24 hour directional traffic count data with 15 minute time resolution on Troy Towne

Drive. The data was collected at two locations. One just east of Experimental Farm Road and the second just north of the hotel that is located north of the turn-a-round.

2. Determine the number of vehicles that the site could be expected to generate using the ITE (Institute of Transportation Engineers) Trip Generation Tables i 11 Edition.

3. Analyze and use the existing traffic count data to assign the distribution of the expected traffic from the site.

4. Based on the existing traffic count data and projected new traffic that the site is expected to generate make a professional assessment if further analysis is necessary on the surrounding roadway system.

Executive Summary

The aerial maps on pages 8 and 9 show by location a summary of the AM Peak Hour and PM Peak Hour traffic data. The traffic expected to be generated by the proposed site is shown in blue. The largest Peak Hour number of vehicles generated by this site is eight. Eight vehicles per hour is a very low number. That equates to an average of one vehicle every seven and one-half minutes ( 60 I 8 = 7.5 minutes). It is not unreasonable to conclude that the existing surrounding intersections and roadway system will be able to accommodated and absorb the expected addition of eight vehicles during the AM and PM peak hours.

4

Vicinity Map

5

Project Location Troy Towne Drive heads east from Experimental Farm Road and then turns to the south to the 'turn-a-round' just south of the hotel. This proposed development is to be located in the vacant land in the southwest corner where Troy Towne Drive turns from its east-west to its north-south alignment.

Existing Traffic Count Data

The existing traffic data was measured by making 24 hour directional traffic counts with 15 minute time resolution on Troy Towne Drive. The data was collected at two locations. One just east of Experimental Farm Road and the second just north of the hotel that is located north of the turn-a-round.

Site Generated Traffic

ITE Trip Generation

The Institute of Transportation Engineers, Trip Generation, ih Edition, was used to project the peak hour traffic expected to be generated by the proposed development of the site. ITE land use codes 252 and 254 were used as can be seen in the calculations shown in Appendix A

The table below shows the expected traffic to be generated by the proposed development during the AM and PM Peak Hours by directional movement as depicted on the respective aerial photograph of the site.

AM Peak Hour of Adjacent Street Traffic by Movement Summed from Appendix A ITE Category

252 254 Tot~ IN(Nb) 2.28 + 2.97 = 5.25 = 6 Yeh/Hr IN(Eb) 2.33 + 3.03 = 5.36 = 6 Yeh/Hr OUT(Sb) 3.27 + 1.88 = 5.15 = 6 Yeh/Hr OUT(Wb) 2.36 + 1.36 = 3.72 = 4 Yeh/Hr

10.24 + 9.24 = 19.48 22 Veh/Hr

PM Peak Hour of Adjacent Street Traffic by Movement Summed from Appendix A ITE Category

252 254 Total IN(Nb) 4.19 + 3.12 = 7.31 = 8 Yeh/Hr IN(Eb) 4.40 + 3.27 = 7.67 = 8 Yeh/Hr OUT(Sb) 2.31+ 3.42= 5.73= 6Yeh/Hr OUT(Wb) 3.18 + 4.71 = 7.89 = 8 Yeh/Hr

14.08 + 14.52 = 28.60 30 Veh/Hr

Traffic Distribution

The traffic that is expected to be generated by the proposed site was distributed to the surrounding roadway system based on the directional count data collected on Troy Towne Drive. The Directional Distribution calculations are shown in Appendix A

6

Conclusions

The aerial maps on the next two pages show by location a summary of the: (1) existing Peak Hour traffic count data (2) expected traffic to be generated by the site (3) combination of existing+ site traffic

The first map is for the AM Peak Hour and the second is for the PM Peak Hour.

The resultant directional distribution, by location, of the Peak Hour traffic expected to be generated by the proposed site is shown in blue. The largest Peak Hour number of vehicles generated by this site is eight. Eight vehicles per hour is a very low number. That equates to an average of one vehicle every seven and one-half minutes ( 60 I 8 = 7. 5 minutes).

It is not unreasonable to conclude that the existing surrounding intersections and roadway system will be able to accommodated and absorb the expected addition of eight vehicles during the AM and PM peak hours.

7

Appendix A ITE Trip Generation Calculations

10

Land Use: 252 Senior Adult Housing--Attached

Description

These facilities are similar to those described in Land Use 251, except they contain apartment-like residential units. Attached senior adult housing may include limited social or recreational services, but typically lacks centralized dining or medical facilities. Residents in these communities live independently, are typically active (requiring little to no medical supervision) and may or may not be retired. Senior adult housing-detached (Land Use 251 ), congregate care facility (Land Use 253) and continuing care retirement community (Land Use 255) are related land uses.

Additional Data

The peak hour of the generator typically did not coincide with the peak hour of the adjacent street traffic. The a.m. peak hour of the generator typically ranged from 10:00 a.m.-1200 pm and th p.m. peak hour of the generator typically ranged from 1 :00 p.m.-6:00 p.m. e

Description

Land U se: 254 A ssiste d Liv ing

Assisted living complexes are residential settings that provide e ither routine general protective C?V~rsight or assistance with activities necessary for independent living to mentally or physically

h~~ted persons. They commonly have separate living quarters for reside nts and services include dmmg, housekeeping , social and physical activit ies , medication admin istrat ion and transportation . Alzheimer's and ALS care are commonly offered by these facilities , thoug h the living quarters for these patients may be located separately from the other re sidents . A s sisted c a re commonly bridges the gap between independent living and n ursing h o mes. In some areas o f the country , assisted living residences may be called persona l c are, res idential care, or domiciliary care . S taff may be available at an assisted ca re facil ity 24 hours a day, but skilled m e dical care-whic h is l im ited in nature-is not required . Contin u ing c are retirement com munity (Land Use 255) and nursing home (Land Use 620) are related uses .

A d d ition a l D ata

The rooms in these facilities may be private or shared accommoclations , cons isting o f either a single room or a small apartment-style u n it w ith a kitchenette and living spac e .

One study reported that according to national and loca l data , less than 5 percent of the residents own ed cars, which were rarely driven . Employee s , visi to rs a n d delivery trucks make most of the trips to these facilities .

T ruck traffic was captured for some studies in th is land use and is presented in the table below. Alth ough t ruck traffic was very low overall, the most trips occurred during the m id-day period on a weekday.

The peak hour of the generator typically did not coincide with the peak hour of the adjacent street traffic, primarily because of the shifts of the employees. For the data collected in t h is land use, shifts typically began at 7 :00 a .m., 3:00 p.m. and 11 :00 p.m. The a .m . peak hour of the generato r typically occu r red f rom 6:00 a.m.- 7:00 a.m., while the p.m . peak hour of the generator typically

. occurred from 3 :00 p.m.- 4:00 p.m.

11

ITE Category 252 Senior Adult Housing-Attached Use Full Build Out: Independent Living 92 + 36 future for total of 128 Units

AM Peak Hour of Adjacent Street Traffic X =Number of Occupied Units T =Trips/Hour= Total Number of Vehicles/Hr T = 0.08 * X

= 10.24 Veh/Hr

45% Vehicles IN 55% Vehicles OUT

Directional Distribution

IN(Nb) 45/(45+46)*45%*10.24 = 2.28 = 3 Veh/Hr IN(Eb) 46/(45+46)*45%*10.24 = 2.33 = 3 Veh/Hr OUT(Sb) 61/(61+44)*55%*10.24 = 3.27 = 4 Veh/Hr OUT(Wb) 44/(61+44)*55%*10.24 = 2.36 = 3 Veh/Hr

PM Peak Hour of Adjacent Street Traffic X = Number of Occupied Units T =Trips/Hour= Total Number of Vehicles/Hr T=O.ll*X = 14.08 Veh/Hr

61 % Vehicles IN 3 9% Vehicles 0 UT


IN(Nb) 96/(96+101)*61%*14.08 = 4.19 = 5 Veh/Hr IN(Eb) 101/(96+101)*61%*14.08 = 4.40 = 5 Veh/Hr OUT(Sb) 93/(93+ 128)*39%*14.08 = 2.31=3 Veh/Hr OUT(Wb) 128/(93+128)*39%*14.08 = 3.18 = 4 Veh/Hr

12

ITE Category 254 Assisted Living

Use Full Build Out: Harbors 30 + Memory Care 36 for total of 66 Units

AM Peak Hour of Adjacent Street Traffic X =Number of Units T =Trips/Hour= Total Number of Vehicles/Hr T = 0.14 * X

= 9.24 Veh/Hr



IN(Nb) 45/(45+46)*65%* 9.24 = 2.97 = 3 Veh/Hr IN(Eb) 46/(45+46)*65%* 9.24 = 3.03 = 3 Veh/Hr OUT(Sb) 61/(61+44)*35%* 9.24 = 1.88 = 2 Veh/Hr OUT(Wb) 44/(61+44)*35%* 9.24 = 1.36 = 2 Veh/Hr

PM Peak Hour of Adjacent Street Traffic X = Number of Units T =Trips/Hour= Total Number of Vehicles/Hr T= 0.22 * X

= 14.52 Veh/Hr


IN(Nb) IN(Eb) OUT(Sb) OUT(Wb)


96/(96+ 101)*44%*14.52 = 3.12 = 4 Veh/Hr 101/(96+101)*44%*14.52 = 3.27 = 4 Veh/Hr 93/(93+128)*56%*14.52 = 3.42 = 3 Veh/Hr

128/(93+ 128)*56%*14.52 = 4.71 = 5 Veh/Hr

13

Appendix B

Existing Traffic Count Data On

Troy Towne Drive

14

VEHICLE HOSE COUNT LOCATION: Troy Town Dr 230' E of Experimental Farm

Trov. OH PEAK Hour COUNT BY: OAKS ENGINEERING J OO

START DATE: 0311912015 STARTT!ME: 11 :00

MOVEMENT:~ MOVEMENT:(][] HOUR

HOUR :16 :30 :45 :60 TOTAL HOUR :15 0 1 7 0 1 9 0 ..:.+ 1 0 1 "- 1 4 1 0 2 ? 0 ., ? 6 2 'I 3 1 2 I 1 6 3 0 4 0 1 1 4 6 4 0 6 1 4 2 6 13 6 0 6 6 10 1J 4 30 6 ~ 1 11 11 u 8 39 8 !I '1 8 10 12 66 44 7 7 8 '13 9 7 9 12 8 36 9 s 10 19 12 7 13 51 10 7 11 17 HI 16 2.1 82 11 I 12 22 M 25 '17 78 12 1B 13 2Q 2 i 17 20 87 13 6 14 20 13 21 Hl 73 14 1E 15 21 18 13 20 72 15 12 16 26 29 31 33 122 16 20 17 32 2 1 21 21 95 18 18 2 1 11 HI 69

17 2E 18 B 128

19 16 20 12 20 68 19 15 20 12 16 rn 13 60 20 10 21 0 9 7 11 33 21 9 22 5 ~ 4 () 20 22 \_I 23 4 3 C 8 20 23 10

:30 :46 6 2 2 I fJ 0 0 1 1 0 0 3 4 3 7 9

10 13 7 12

11 12 22 27 21 16 11 12 15

"' H 16 2-2 21 27 25 12 25 H l5 10 9 0 4 2 3

~ .., '

MOVEMENT:IEB+WEf HOUR HOillf

:60 TOTAL HOUR :16 :30 :45 :60 TOTAL 0 11 0 4 'i3 2 1 20 ., 4 1 0 3 3 2 8 1 2 2 3 0 ? 3 B 1 2 3 1 2 2 2 7 0 1 4 0 2 -1 4 7 4 7 6 1 4 fi 10 20 5 16 6 {) 'i4 13 9 46

1.:: 37 7 113 '1 8 18 22 76 '13 49 12 39 46 8 22 28 2G 25 104 9 15 16 21 20 75 11 41 10 26 23 19 24 92 19 75 11 21 '10 13 50 157 28 83 12 10 35 '1 1 -15 161 13 44 13 37 32 2g 33 131 16 eo 14 35 28 35, 35 133 26 ea 15 33 32 29 46 140 23 96 16 46 61 5E 56 21s 19 96 101 17 57 '1 8 10 1-0 191 11 e4 18 3 1 33 3G 30 133 11 55 19 3 1 3'1 27 31 123 4 33 20 22 16 28 17 93 G 25 21 f5 15 11 '17 58 3 14 22 1'I 7 7 9 34 2 24 23 14 s 12 lO 44

I 24-HR RAW TOTAL: 1.133 24-HR RAW TOTAL : 945 24-HR RAW TOTAL: 2078 I

... . . J3 .. . .. J::! .. ,. ... , 01

250 --- ------ -- -.---..--

2UU

w

j15a -1---1-----+---1---1-----+---+---+---+----,~-+---''d----+----+--+---+--+or--+-----+---+---+-~ 0 >

~

-.-we

a:: --EB 5 too -1---+-----+---+---1-----+---T"2-.--+---+--+----+---+---+-----t.L--..---+-"'...--+---+--_,.,.---+---+---+-~ :c

2 7 10 1 1 2 13 1'I 15 1S 17 18 19 20 2 1 22 23 TJrAE O~ OAY {TIME ENDlrlG)

OAK'S Fnginf:ering 1448 ,:ndi :;on Rd Vn'."ldnlir1 OH 45;:i,77

15

2'11

VEHICLE l-IOSE COUNT LOCATION; Troy Ttiwn Dr 225' N of Hotel N-Orvwy

Troy, oH PEAK Hour COUNT BY: OAKS ENGINEERING JOO

START DATE: 03.11912015 STARTTIME: 11 ;00 MOVEl'AEHT:c::!!J MOVEMENT:(][]

HOUR HOUR :15 :30 :4S ;6( TOTAL HOUR :15

0 0 2 1 c 3 0 1 1 0 0

=

2 5 f 0 2 1 0 (1 c 1 2 2 3 (+ 0 1 1 2 3 [I 4 1:1 0 1 0 1 4 (I 5 (I 3 0 !i 14 5 1 6 4 4 I 1 ~ 30 6 '2 7 ~I 21 11

l 70 7 :. 8 1;;; 9 fr

B :. 16 9 11 41 9 f; 4 10 A 30 61 10 ~' f; 'lfl 29 10 1?i 11 fi 10 9 70 44 11 fi 12 1 1 25 7 15 58 12 12

13 "l1 13 2-5 13 6 " 50 ~ 14 11 14 3 1~ 40 14 [1 16 13 13 .s 1~ 47 16 "17 16 "18 !I 3-5 21 86 16 15

93 17 1:. 18 11

17 2:. 18 "14 1t 73 18 'IC 13 5 7 38 19 t; 7 3

" 22 19 12

20 s -i 12 ~ 29 20 12 21 4 1 .L 4 11 21 7 22 'I !> 0 2 a 22 3 23 1 0 4 1 6 23 7

:30 :45 7 1 1 1 0 (I 0 1 1 1 0 1 ( 1u 4 'l:J l 'l:J 6 H 6 8

'17 :?::. 16 rs 17 '1D 12 15 12 15 42 21 24 2[1 22 1B 16 ti 1-1 11 6 7 4 G 1 3

HOUR ;60 TOTAL

2 11 0 2 0 2 0 1 4 0 0 8 2 21 y 31 f 43 5 26

13 40 15 64 22 58 18 56 10 46 34 18 18 97 23 91 15 67 12 49 8 48 8 28 4 17 4 15

24-HR RAW TOTAL= 738 24-HR RAW TOTAL= 915

2t ., . .. .. 80 fl 4l . . J4 91

WO - - ~

1eo /' 1E-O v 140 Ill ~ ~ 1U ~ 0 -

" ~ 1 1JO !"'- / ~N' _,,....~ Ill: // ja, ~ EO

" ~ VI ::a:. /A --.. .... !:'U ' ---~ /r'~ ... ~~~ .,,,,-..... -~ P-{. I/ 40 .I ,... rr

:iO ~ I'"~, -

.~ ~.,, 0

0 1 2 3 1 5 6 1 8 s 10 11 12 13 1.1 15 16 I !Mt 0 1 UAV { llrM: tNUIN\j)

O AKS F ngioo?.ring 1443 .lnr.kson R:1 'h mrl.'llifl OH 45177

MOVEMENT:iNB+SBi HOUR

HOUR :15 ;30 :45 :60 TOTAL 0 1 9 2 2 14 1 D 1 4 2 7 2 3 0 c 0 3 3 D 0 2 1 3 4

" 1 2 4 7

5 1 3 7 11 22 6 r: 11 11 '1f 51 7 i 4 :2t. :14 :w 101 8 :l'T L3 "fl 'llJ B.4 9 '1 4 'fO 1!': 'l il 56

45 10 1!) 15 1fi 73 69 11 1 ~ .?7 :~P, :'15 108 12 23 41 25 37 126 13 37 30 Hi 23 106 14 2G 26 "iS 22 86 16 3G 25 23 47 126 16 34 51 5G 39 183 17 4D 42 43 39 164 96 18 21 35 21 22 105 19 20 23 12 16 71 20 20 18 2e 13 77 21 i'1 7 g 12 39 22 4 9 I} (l 25 23 8 1 7 5 21

24-HRRAWTOTAL= 1653

40

-~ ----~

~ -+-SB \

~ " '

NB

'" "' ~ i\ t\ '---- ~ :......,_ .., ~ 'a... -

"-,...._, -

"-I ~

-... ~Nl:JISM

H 18 19 20 2 ' 22 23

16

TO:

FROM:

SUBJECT:

DATE:

City of Troy Planning Division

Planning Commission

Planning Staff

Senior Living Facility

March 11, 2015

At the February 25, 2015 Planning Commission (PC) meeting, a rezoning request was heard by the PC concerning a Planned Development located on a 14.577 acre property located on Towne Park Drive. The rezoning is required for the development of a proposed senior living facility within the Tax Increment Finance District (TIF). At the meeting, PC was provided with additional information regarding the project. After discussion, this request was tabled by the PC so they could review the provided information and collect additional information as stated during the meeting.

The applicant has provided information resulting from the concerns of the PC. The applicant has provided a necessity of a traffic impact study by a Traffic Engineer, several renditions of proposed buildings for discussion with the PC, and Protective Covenants and Restrictions for the development. The Protective Covenants and Restrictions are intended to follow the Declaration of Covenants and Restrictions as recorded by the Miami County Recorder on April 9, 2004, with six amendments to the development.

Attached to this memo you will find Exhibit A (Protective Covenants and Restrictions)and Exhibit B (Necessity of a Traffic Impact Study), along with the packet from the last PC meeting. Please review the provided information and be prepared to discuss at the upcoming PC meeting.

Exhibit A

PROTECTIVE COVENANTS AND RESTRICTIONS

Listed below are the proposed amendments to the Amended and Restated Declaration of Covenants and Restrictions ("CCR's) dated April 7, 2004 as it pertains to the proposed senior living site located on Troy Towne Drive.

The following amendments will require the City of Troy approval and will subsequently be recorded against User Tract as defined in the CCR's prior to commencing construction. Once recorded the User Tract will be subject to the original CCR's and the amendments below:

1. Building Materials-User Tract agrees to develop the building with a combination of vinyl siding and either brick or stone on the exterior of all sides of the building similar to the elevation concepts attached as Attachment "A".

2. The parking area of the site plan will have 5% of the interior parking area with landscaping per the City of Troy zoning code.

3. User Tract shall have no outdoor storage nor any accessory buildings with the exception of the carports. However, some storage in the carports shall be acceptable.

4. No fencing is allowed without written approval of the owner of the Developer Tract other than opaque fencing to screen trash storage in accordance with the City of Troy codified ordinance 521.07. However User Tract shall be permitted a fence around its detention pond in the event one is required.

5. User Tract shall not be obligated to park at five (5) parking spaces per 1000 square feet but instead as approved in the City of Troy's Planned Development.

6. User Tract shall not substantially change its use without the express written consent of the City Council.

7. User Tract agrees to develop the site in compliance with all applicable building, engineering, zoning standards unless the provisions are specifically waived within the body of the Protective Covenants and Restrictions or within the approved Planned Development.

t Ir

AMENDED AND RESTATED DECLARATION OF COVENANTS AND RESTRICTIONS

This instrument is executed this ih day. of April, 2004 by Harson Investments. Ltd., an Ohio Limited Partnership. {the "Developer").

WHEREAS, Developer, pursuant to its power to amend provided in Article IV of the Declaration of Covenants and Restrictions dated June 6, 2003 and filed for record June 12, 2003 at Volume 0738, Page 459 of the Records of the Recorder of Miami County, Ohio (the ''Declaration") amended that Declaration of Covenahts and Restrictions by the Amendment to Declaration of Covenants and Restrictions dated September 16, 2003 filed at Volume 0742, Page 914 of the Records of the Recorder of Miami County, Ohio (the ''Amendment0); and

~\.'HEREASJ Developer now wishes to both extend the operation of the Declaration and the Amendment by inCluding additional real estate and amending certain provisions in respect to the additional real estate to be induded; and

WHF.REAS, Developer wishes to restate the prior Declaration and Amendment in this document to provide clarity and avoid confusion;

NOW, THEREFORE, Developer, for valuable consideration, hereby declares that the following provisions. covenants and restrictions shall bind and run with the land subject hereto in perpetuity.

I. SUBJECT REAL ESTATE

The real estate which is the subject of the Declaration and Amendment is : .. n described as follows:

Situate in the City of Troy, County of Miami and State of Ohio and being Lots Numbered 9430, 9431 1 9432, 9493 and 9494 of the consecutive numbers of lots of said City (the "original lots").

The real estate which is to be now included is described as follows:

See Exhibit "A" (the "highway lots11 ) and See Exhibit 11 8 11 (the "interior lots").

JI. DEFINITIONS

As used herein. the following terms shall be defined as follows:

/J{if(uz_Jlp

(a) '1Developer11 ~shall mean Harson Investments, Ltd . its respective successors and assigns or any party or entity to whom or which Harson Investments, Ud. expressly transfers it rights as Developer under this Declaration upon the condition that such party or entity expressly assumes and agrees to perform the duties of Developer in which case Hamon Investments, ltd. will be relieved of arl responsibility therefore;

(b) 11Deveroper Tract"~ shall mean any Iott tract; pa.reel, rear property, or port.Ion of the same, which is owned by Developer and subject to these restrictions;

(c) 1'User1'., shall mean the person or entity, other than Developer, laking fee simple title to any lotl tract. parcel or real property, or any portion hereof. which is subject to these restrictions1 or any persorl' or entity holding any other legal, equitable or otherinterest in the same, which shalt. include~ but not be limited to any owner, buyer~ landlord, lessor, tenant, lessee, sub-tenant or sub--lessee. or occupant, and their respective successors and assigns, but shaJI exclude any party holding such an interest merely as security for the performance of an obligation;,

(d) ';User Tract" " shall mean any lot tract, parcel, real property, or portion of the sarne, whether in the original lots, the highway lots or the interior lots described above, which is subject lo a fee Interest or equitable interest of a User and subject to these restrictions;

(e) "8uilding0 - shall mean any building. out buifdingi garage, or any other structure located In, on, or about the real property subJect to these restrictions, built for the enclosure and/or storage of any person,. animal, chattel, equipment, lnventoryf or other movable property of any kind. and which Is permanently affixed to the ground;

{f) Comman Area Easements0 - shall mean the signagellandscape easements retained by Developer on lots 9430, 9431 and 9432 {Git}' of Troy, Ohio) at the intersection of Towne Park Drive and Experlment Fa.rm Road and the signage/Jandscape easements to be created by Developer at the point where Towne Park Drive will Intersect the south line of Lot 7996 as that lot Is now constituted.

(g) ![Hazardous Substance" - shall mean~ (1) all materials and substances defined as 11hazardous

substancesn, 0 hazardous materials'' "toxic substancesn, 11hazardous waste", 11toxic chemicals'\ solid wa.ste"l "infectious waste'\ or similar terms, as defined in: (i) the Comprehensive Environmental Response, Compensation and Liability Act of 1980 {42 U.S.C. '9601 et seq.), as

amended by Superfund Amendments and Reauthorization Act of 1986 (Pub. L. 99;.4991 100 Stat. 1613), (ii) the Resource Conservation and Recovery Act of 1976 (42 U.S;G. '6901 et seq.)1 (iii) the Hazardous Materials Transportation Act, 49 U.S.C. 11801 et seq.} (iv) Section 311 of the Clean Water Act, 33 U.S.C. '1251 et seq. (33 U.S.C. '1321) or listed pursuant to Section 367 of the CleanWater Act (33 U.S.C. '1317), or (v) Sections 3734.01 and Section 3751.01 of the Ohio Revised Code, as any of the same may be amended or supplemented from time to time.

(2) Alf materials and substances listed In the United States Department of Transportatior'l Table (49 CFR 172.101) or by the Environmental Protection A~1ency as hazardous substances, as the same may be amended or suppletnented from Ume to time:

(3) Any material or substance that is petroleum or a petroleum dedvative, asbestos, po!ychlorh1ated biphenyl, a flammable explosive, or a radtoactive materials; and

(4) Such other substances! materials and wastes that are or become regulated as hazardous or toxic under applicabfe local, state or Federal law.

(h) "Enviromnental Laws" ~ shall mean any federal, state or focal law, regulatioh. adrninistrative ruling! order, ordinance, and the like, pertaining to the protection of the environment ot the regOlation, handling or disposal of Hatardous Substai1ces whether now in effect (sucl1 as, but not limited toi those referred to in the preceding definitron for 'Hazardous Substances''} or which becomes effective in the future.

Ill. COVENANTS

The following constitute the protective covenants and restrictions for the subject property;

Users must supply the Developer with construction and landscape plans prior to any construction or planting and obtain Developer's written approval thereof which approval shall not be unreasonably withheld. Approval will be deemed gfveh if Developer fails to respond within thirty (30) days of receipt of such plans. User shall also provide Developer with a copy of tias built11 documents for the completed construction. Any future alterations shall be submitted for approval to Developer in the same manner. No construction, installation, planting or fultJre alteration shall occur without full compliance with this provision.

f ~

2. No fence or other barriers shall obstruct pedestrian or vehicular traffic over any easement access area or roadway adjacent to any Developer or User Tract.

3. Should the focal governmental authority create a lightf ng district, the. User shall be a participant and comply with all regulations and requirements provided therefore.

4. Users shall be responsible for the construction a.nd lnstaflation of and the cost and expense of sidewalks on or adjacent to its User Tract. If a User Tract is focated on a corner. User must extend the sidewalk along both abutting streets.

5. User Tracts rnustiinclude at least five (5) parking spaces per 1000 square feet of Building area (all buildings) constructed on the User Traqt.

6. If a drfve up window unit fs constructed on a User Tract, it must provide for stacking of not less than five (5) au tom.ob ii es.

7. The DeveJoper and each User must maintain their respective common areas and parking areas.

8. No signage or decals on windows in any buildings on User Tracts are perrnitted other than temporary signage approved in writing by the Developer.

9, Ari User Tracts must be maintafned in a safe and sanitary condition in accordance with all good business practice for a first ch3ss development and in cornpllance with all applicable governmental regufation~, ordinances and laws. This shall include, without limitation: the maintenance of a Pf!St free environment utrlizing such extermination services necessary to insure it remains pest free; daily removal of any refuse from any part of the User Tract except trash or refuse contalner$ which shall be properly maintained and used in a manner that prevents refuse materials from escaping onto the User Tract or adjacent Tracts or areas; the painting and staf ning of all exterior surfaces of Buildings as necessary to eliminate a faded, chipped or peeling appeara.nce; maintenance of alf trees and shrubbery so it appears trimmed and healthy and free of worn areas or dead and decaying vegelatron; and~ in general, free of any other unsightly or offensive appearance that would detract from a fir$t a first class development.

1 o. No use shall be permitted on a User Tract which is inconsistent with the operation of a flrst-class mixed use project Without limiting the generality of the foregoing, the following uses shall not be permitted on the original lots or the highway lots without the Developer's express written consent:

(i) Any use whlch emits an obnoxious odor, noise, or sound which can be heard or smelled outside of any Building. Notwithstanding the foregoing! this restriction is not meant to appf y to normal cooking smells emanating from a restaurant.

(ii) Any operation primarily used as a storage warehouse operation and any assemblingj manufacturing, distHllng, refiningf smelting, agricultural, or mining operation;

(iii) Any 1'second~hand 11 store (excluding a bona fide antique store) or 11surplus' store;

(Iv) Any mobile home park, trailer court; labor camp, junkyard, or stockyard (except that this provision shall not prohibit the temporary use of construction trailers during periods of constructionr reconstruction, or maintenance); (v) Any dumping, disposingj incineration, or reduction of garbage (exclusive of garbage compactors located near the rear of any Building); (vi) Any fire sale, bankruptcy sale (unless pursuant to a court order) or auction house operation;

{vii) Any central laundry1 dry cleaning plant, or laundromat; provided, however, this prohibition shall not be applicable to nominal supportjve facilities for on-site service oriented to pickup and delivery by the ultimate consumer as the same may be found in retail shopping districts in the metropolitan area where the Purchaser Tract Center is located;

(viii) Any automobile~ truck) traifer or recreational vehicles sales, leasing, display or pody shop repair operation;

(ix) (X)

Any bowling lane or skating rink;

Any movie theater or live performance theater;

(xi) Any residential use, including but not lirnited to: single famfly dwellings, townhouses, condominiurns, other multi~family units and other forms of Hvlng quarters, including sleeping apartments;

(xii) Arw veterinary hospital or animal raising facilities (except that this prohibition shall not prohibit pet shops); (xiii) Any mortuary, funeral home or cemetery; (xiv) Any establishment selling or exhibiting pornographic materials or drug4elated paraphernalia;

(xv) Any bar. tavern, Restaurant or other establishment whose reasonably projected annual gross revenues from the sale of alcoholic beverages

..

for on~premises consumption exceeds twenty~five percent (25%) of the gross revenues of such business. It is the Intention of the Developer that the 25% cap on gross revenues h'on1 lhe sale of alcoholic beverages for on premises consumption as contained in this Declaration is meant to mirror the same cap contained in Ohio Revised Code Section 4303.18~1 (I) Permit o .. S(i). The Code Section requires that beer and liquor sales do not excee.d 25% of gros~ revenues to obtain and then ret~hi qualification to keep a D-5 (i) riquor license. In the event that the Ohio Revised Code is amended or revised to alfow for a higher portion of gross revenues from alcoholic beverage sales for a D-5(i) liquor license. the limitation of this Article Ill, item i O,subsection (xv) shall be automaticaliy increased to such hfgher rate allowed by the amended or revised statute.

(xvi) Any health spa, fitness center or workout facility; (xvii) Any flea market amusement or video arcadeA pool or billiard half. car wash I or dance haU;

(xviii) Any training or educational facifily, including but not llmlted to: beauty schools, barber colleges, reading rooms, pfaces of instruction or other operations catering primarily to students or trainees rather than to customers; provided however,. this prohibition shall not be applicable to onAsite employee training by an Occupant incidentaJ to the conduct of its business or educational facility approved by Developer;

(xix) Any gambling facility or operation, including but not limited to: off-tract or sports betting parlor; table games such as black~jack or poker; slot machinest video poker/black,,ja.ck/keno machines or similar devices; or bingo hall. Notwithstanding the foregoing, this prohibition shall not apply to governmental sponsored gambling activities. or charitable gambling activities, so long as such governmental and/or charitable activities are Incidental to the business operation being conducted by the Occupant;

(xxJ Storage of recreational vehicfes, boats, campers, trailers and other vehicles on a permanent basis, on any portion of the property is prahiblled. Work related vehicles rnay be permitted upon the express written consent of Developer. Permanent is defined as exceeding twenty-four (24) hours; (xxi) AH roof equipment and vents shall not be visible from the front elevation of any Building or from any side fronting a primary road; and

(xxii) No fencfng is allowed without written approval of the owner of the Developer Tract other than opaque fencing to screen trash storage.

l'n addition to the foregoings the following uses shall not be permitted at any time on the l1ighway lots:

co

(xxiii) Any operation whether or not it sells beer, wine or alcohol that advertises itself as a ''gentlemen's club*', as an X rated facility1 that caters to the prurient interests of its patronsj that has male or female dancers that accept money or other gratuities for their dancing or any other activity, that includes male or female empJoyees that perform lewd, lasclvfous, licentious or promiscuous acts for value! thatprovides any sort of entertainment that has men or women performing in various states of undress including but not limited to "g-strings 11 or "g~str1ngs and "pasties'1 or "topless~ or ''topless~bottomless" shaU be prohibited.

In respect to the interior lots, only the covenants referred to in this Provision as sub~provisions xmt xiv, xviii, xix and xxiii shall be applicable unless either parl of the land making up the interior rots is further subdivided, For purposes of this provision! the parts niaking up the interior Jots are that pati taken from lot 7996 (lot 12 on the Preliminary Plan for Troy Towne Park) and that part taken from lot 6047 (lot 13 on the Preliminary Plan for Troy Towne Park)~ If either is further subdivided, all of the covenants above, (i) through xxiii, incf_usi~el shall apply to the subdivided lots. 11. User shall comply with all applicable Environmental Laws. No User shall use,

permit the use of, manufacture, treat store, or dispose of Hazardous Substance on, about. under or in its Tracti or any portron of the surrounding real property subject to these restrictions, except in the ordinary course of its usual business operations conducted thereon, and any such use shall at all times be in compliance with all Environmental Laws. Each User agrees to defend, protect, indemnify and hold harmless each other User and the Developer, as appHcable, from and ,against all claims or demands, including any action or proceeding brought thereon, and all costst losses, expenses and liabilities of any kind relating thereto, including but not .flmited to costs of investigation. remedial response, and reasonable attorneys' fees and costs of suit arising out of or resulting from any Hazardous Substance used or permitted to be used by such party whether or not in the ordinary course of business.

12. No merchandise, equipment or services, including but not limited to vending machines, promotional devises and simflar itemsl shall be displayedj offered for sale or lease. or stored on a User Tract or within any building. Notwithstanding the foregoing, nothing herein is intended to exclude the sale of merchandise. which is incidental to the primary use on the Property (such as promotional shirts, hats. clothing, toy vehicles, gift certificates. etc.) in connection with the operation a restaurant

13. The seasonal display and sale of bedding plants on the sidewalk in front of any Building or within other Common Areas is prohibited without Developer's prior written authorization and shall then be subject to City of Troy ordinances.

('\J !,.f?

~ ~

:;:r~ -=~ ~

14. User shall cause its employees, or the employees of any occupants of its Tract to park thefr vehicles only on its Tract and in designated parking areas for employee parking.

15. Any slgnage located on any User Tract~ whether for identification purposes or othet'Wise, shall be subject to and consistent With a!I applicable governmental laws. ordinances? rules and reguf atrons. No identification sign attached to the exterior of a building 011 a User Tract shall be:

{I) placed on canopy roofs extending above the buildfng roofj placed on penthouse walls, or placed so as to project above the parapet, canopy, or top of the wall upon which it is mounted;

(ii) placed at any angre to the Building; provldedj however, the foregoing shall not apply to any sign located under a sidewalk canopy if such sign is at feast eight (8) feet above the sidewalk;

{HI) painted on the surface of any Bulrdlng; (iv) flashing; moving or audible; (v) employ exposed raceways. exposed neon tubes. exposed ballast boxes.

or exposed transformers: or

{vi) paper or cardboard signs! temporary signs (exclusive of contractor signs), stickers or decafs: provided, however. the foregoing shall not prohibit the placement at the entrance of each Occupant's main building a srnall stfcker or decal, indicating hours of businessl emergency telephone numbers, acceptance of credit cardsj Security Protection Services and other similar information.

16. Each User (as to its tract) shall maintain or cause to be maintained in fuH force and effect Commercial General Uability Insurance \"lith a combined slngle limH of Jiabifity of One Miflion {$1,0001000.00) Dollars for bodily injuryr personal rnjury and property damage, arising out of any one occurrence. The limits hereby required shall be adjusted every five (5) years lo reflect inflation as measured by the Consumer Price Index.

Users and Developer shall defend. protect. indemnify and hold harmless each other from and against all claims or demands including any action or proceeding brought thereon, and alt costs1 lossesl expenses and liability of any kind relating thereto, including. but riot limfted tol reasonable attorney's fees and costs of suit, arising out of or resulting from the injury to or death of any person, or damage to the property of any person located on the respective tract owned by each indemnifying party: provided. howeveri the foregoing obligation shall not apply to

claim.s caused by the gross negfigence or willful act or omission of such other party. its ficensees, concessionaires! agents, servantsi or employees, or the agents, servants, or employees of any I icensee or concessionaire thereof.

Effective upon the commencement of construction of any buHding on its Tract and so long as such building exists, User shall carry, or cause to be carried, property insurance with "all~risku coverage, in the amount of 100% of full repfacement cost thereof (excluding footings, foundations or excavations). Upon request by Developer, proof of the existence of such insurance shaU be provided to Developer.

17. User shall keep its Tract free and dear of all construction debris on a regular basis, shatl not encroach on any surrounding Lots and shall hold Developer harmless from any claims arising from construction actMties on User's Tract User is responsible for all the crean up and removal of all mud and debris left on each Tract or tracked onto the streets or any damage to Developer improvements by its employees1 agents, invitees, contractors and subcontractors.

18. User shall leave all sanitary sewer manholest storm sewer manholes. main water line boxes and water tap box as uncovered and exposed to the finish grade after sodding and seeding or installaUon of driveways.

19. User is responsible for secw~ing and paying for alf individual zoning permits, sewer and water tap~in fees, building permits and other associated fees.

20. AU above ground equipment including, HVAC units. storage boxes, electric transforrners, gas meters shall be screened by landscaping shrubs and plants at least 3' in h~ight at time of plantlng. Shrubs and other plants shall be maintained and replaced as needed with similarly speeified pfants.

21. User shall be part of any lighting district created by the City of Troy. Each User shalJ be responsible for any and all assessments related to the User Tract assessed by the lighting district whether incurred prior to or after ownership.

2.2. User (including Developer) shalf pay to the Developer a share for operations, maintenance, repairs and replacement of the common area easements retained by Developer, including, without limitation~ entrance landscape and watering costsr signage and fighting costs and costs associated with the operation, maintenance, repair and replacement of the drainage system includingl without limitation. piping and detention ponds, User shall pay the annual sum equal to $750.00 times each acre and/or fraction of an acre in the User Tract beginning on the~ day of ___ __ ... t 200 _____ . Afl such funds shall be maintained in a separate account by Developer as Trustee for all Tract owners. The Developer shaU pay from such account the expenses or costs of such operations. maintenance! repairs and replacen1ent as the Developer! in its

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reasonable judgment shall deem necessary. The Developer shali be entitled to retain from the funds coJlected a sum equaf to the greater of five (5%) percent of the actual annual cost of operation. maintenance~ repair or replacement or One Thousand five Hundred and 00/100 ($1 ,500.00) Doliars as an administrative fee for the performance of its duties. Any party obligated by this Declaration or any lease or other agreement to pay any sum due under this provision shall have the right to inspect the records of the Developer, upon reasonable notice, in respect to payments made from these funds.

If, at the time a payment is due and current costs and exp.ense.s are paid, the balance of the account is $30,000.00 or moret. no further payments shall be required until the balance is less than $30,000.00 at which_ time. the payments (in full and not prorated to provide an even balanoe of $30,000.00) shall resume beginning with the next annual payment The Developer shall have the. right lo increase or decrease the annu~1 payment to reflect actual costs provided the change occurs on a per acre basis. Jn addition, the Developer shall have the rfght, upon approved of majority of the owners of Tracts to levy a special assessment to meet emergency costs or expenses.

If any payment is not paid within thirty (30) days of its due date, the Developer may fife an affidavit specifying the name of the owner of the Tract for which the payment Is duet a description of the Tract and the arnount due and the same shall constitute a lien against such Tract from its date of fifing until paid subject to any prior liens. In such event any rea.sonable atlome}' 's fees associated with the filing of the affidavit or any such fees associated with the enforcement or defense of such lien shall be added to the amount due and also constitute a lien on such Tract.

23. User {including Developer) shall employ a standard mail delivery box at the street as long as there is rural rnaH delivery within the real estate subject to this Decfaration of Covenants and Restrictions. If the mairbox is a single unit it shall be Imperial Mailbox Systems Modef S~QK.-6. If the mailbox ls a tw1n t.Jnit1 it shall be Imperial Mailbox Systems Model T820K-6. Ali mailboxes shall be black in color. If this manufacturer ceases business or the manufacturer of the above models, a substantially similar model in black shall be used.

24. Developer and any User shaH have the right to enforce these covenants and restrictions. In the event any party defaults in f ts obligations, promises and duties as contained herein, or breaches any of the terms and conditions a.s contained herein, the non defaulting/non~breaching party shall have the right to enforce said covenants and restrictions by prosecuting any proceeding against the party or parties violating or attempting to violate any one or more of the covenants and restrictions. The parties expressly state that the non~defaulting party shall have any remedy In either law or equity available to It including the right to recover damages and/or seek injunctive relief to enforce the provisions hereof.

Developer shalt have the right, in addition to the remedies described above, to enter upon any part of the User's Tract. at any reasonable time, tJpon not less than 48 hours notice, to inspect the same for a possible violation or breach of these covenants and restrictions. Where an inspection shows that a violation or breach of these covenants and restrictions exists, Developer, or its authorized agentsi representatives and employees, shall have the right to abate and remove any structurej thing or condition causing such violation, at the cost and expense of the owner of the User Tract where the violation exists without any liability to such User for trespass or any other claim resulting from such entry.

The remedies specified in this paragraph are cumulative and do not preclude any other ren1edy in law or in equity by any party adversely affect~d by any violation or breach of these covenants and restrictions.

Jn any proceeding for the enforcement of any of the provfsions of these covenants and restrictions, or for the restraint of a violation of any such provision1 the losing party shall pay the reasonable attorney's fees and court costs of the prevailing party in such ()mount as may be fixed by the Court in that proceeding. Notwithstanding anything to the contrary contained herein, or any other indemnity provision contained herein, each party agrees to defend. protect indemnify and hold harmless each other from and against all claims or demands including any action or proceeding brought thereon, and all costs, losses, expenses and liability of any kind relating thereto', reasonable attorney's fees, professional fees and court costs, arising out of or resulting from the respective parties violation of the terms and conditions hereof.

No delay or failure on the part of any aggrieved party to pursue any available remedy VJith respect to a violation of any provisions hereoC shall be deemed to be a waiver by such party of~ or the estoppel of that party to assert any right available to such party upon the recurrence or continuation of such violation or the occurrence of any different violation. No provision hereof shall be construed as to place upon the Developer or any other aggrieved patiy any duty to take any action to enforce the terms and conditions contained herein.

25. The terms and conditions contained herein are to be deemed restrictions and covenants that run with the land and are to be deemed perpetually in full force and effect. Unless otherwise stated herein, such Covenants and Restrictions shall be binding upon the Developer, its successors and assigns and any User now or hereafter having an Interest in any part of the subject real property, In the event that this provision of this Declaration shall violate the Rule Against Perpetuities as it may exist in the State of Ohio, any interest which this Declaration may create must vest within twenty-one years after the death of the last child living at the death of Shayna Korodesti.

...

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26. If any provision ltereof is f1eld to be invalid by any cotirt of competent jurisdiction, the invalidity of such provistons shall not affect the validity of any other provision contained her~in. All such other provisions shalf continue rn full force and effect

IV. AMENDMENT AND EXTENSION

Devefoper expressly reserves the right to amend the provisions of this Declaration in order to promote the development of the real estate subject to this Declaration as well as other real estate currently owned by Developer which may be adjacent to or within the vicinity of the subject real estate. This shalt incl.ude, without liniftation, the use to which a User Tract may be put This right of amendment; however, shall be subject to the foJlowlng limitations:

1. It may not impose against any User Tract not owned by Developer at the time a hlore restrlctive provision than herein contained without the consent of the owner of that User Tract;

2. rt may not subject any User Tract to a greater proportiori of a payment obligation than originally provided without the consent of the owner of the User Tract; and

3. It may not impose a requiremsnt on, eliminate a restriction contained herein, or provide any benefit for less than all Developers and User Tracts without the consent of the owners of aH User Tracts.

V. OEVELOPERTRANSFER

The Developer may transfer all of its rights and duties under this Declaration of Comments and Restrictions to a successor and such successor shall have afl the rights and powers here;n provided for the Developer but shall be swbject to the same duties and responsibilities as Developer. Thfs transfer snail be subject to the followlng conditions:

1) The transfer shall be made by a written document executed by Developer and its successor which expressly accepts arl duties and responsibilities of Developer;

2) The successor sflaU own at feast one User Tract which is subject to this Declaration of Covenants and Restrictions: 3) The Developer must have no further ownership of any User Tract:

4) AH funds collected from payments on afl User Tracts not then expended shall be paid to the suc.cessor; and

5) All records of expenses and work performed fulfilling its duties and responsibilities as Deveioper shall be transferred to the successor.

Upon appointment of a successor by Developer, the subsequent owners of the fot owned by the app_ointed succe9sor shall acquire the sCjme rights subject to the conditions above stat~d. If a. subsequent owner Is not willing to accept the responsibility of the successor, one shall be sef ected by a majority vote of all of the owners of lots then subject to this Declan~tion wiH1 each lot having one vote for this purpose. A meeting may be called by' ~n.y three (3) owners for purposes of a vote upon not Jess than thirty (30) days written notice to all other owners.

Upon transfer as set forth above, Developer shall have no further responsibility to any owner or User of a Tract exoept in the event of fraud or illegal dealing.

IN WITNESS WHEREOF, Harspn lnvestmentsl Ltd. has affixed Its signature by its duly authorized general partner this"]th day of April 1 2004.

STATE QF OHIO ,) COUNTY OF MONTGOMERY ) SS:

HARSON lNVESTMENTS1 LTD. An Ohio Urnited Partnership By Dayton co .. General Partner

Q '\'"" 0 j-'"A > By__ ~J~ri!;t!_7-l~t-- c;-> "==f/OI t}t~ .. o :~

Shayna S. Kolodesh, President

The foregoing instrument ivvas acknowledged by HARSON INVESTMENTS, LTD., an Ohio Limited Partnership, b)' Dayton Co.~ Its General Partner, By Shayna S. Kolodesh, its President.

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Senior Living Center - Towne Parke Drive Troy, Ohio

NE fNGINffRJNG

Choice One Engineering has been asked to provide the necessity of a traffic impact study (fIS) for the proposed Senior Living Center development along Towne Parke Drive in the City of Troy, Ohio. The following is our professional opinion on this matter.

First, a few terms will need to be defined:

Trip End:

Peak Hour:

One trip end is defined as a vehicle either entering the site or leaving the site. For example, a vehicle pulling into a gas station to fill up, then subsequently leaving the gas station ten minutes later, would count as two trip ends.

Hour during which the highest number of vehicles travel throgh the subject area. For this discussion, A.M. peak hour traffic would occur for one hour sometime between 7:00am and 9:00am, and P.M. peak hour traffic would occur sometime between 4:00pm and 6:00pm.

The proposed number of dwelling units for the proposed Senior Living Center is approximately 158. According to the ITB Trip Generation Manual, gth Edition, the most closely related trip generation land use is "Continuing Care Retirement Community". Based on this trip end generation figure (Figure 255), we can estimate the number of trip ends that will be produced by the proposed development. During the A.M. peak hour of adjacent street traffic (one hour between 7:00am and 9:00am), the estimated number of trip ends for the proposed senior living development is 31. During the P.M. peak hour of adjacent street traffic (one hour between 4:00am and 6:00pm)., the total estimated trip ends for the proposed development is 33. The predicted trip ends are similar to the Independence Village Traffic Impact Study that was conducted in Ann Arbor, Michigan. The Independence Village facility and the proposed Senior Living Center are very similar in size and nature, and are expected to produce similar trip ends. From the review of the Independence Village Traffic Impact Study, it was further confirmed that the expected traffic produced by the proposed facility will have very minimal impact to the surrounding roadway network. The Independence Village facility did not warrant any roadway improvements due to the development.

440 E. Hoewisher Road Sidney, OH 45365

937-497-0200

203 W. Loveland Ave. Loveland, OH 45140

513-239-8554 W\Wt.choiccioneengineering.com

The Ohio Department of Transportation's (OD01) maximum trip ends allowed before a TIS is required is 100 during the peak hour. One reason why ODOT uses the 100 trip end threshold is because any number of fewer trip ends has minimal impact to the surrounding roadway network and would not constitute a road improvement to be warranted due directly to the proposed development. For the proposed project, the proposed facility's peak trip ends produced during the peak hour is 33, or one-tlllrd of ODOT's requirement. We understand that the City. of Troy may have different standards and expectations than ODOT for when a TIS is needed, and that is ' completely understandable; however, we would like to note ODOT's standard practice.

In regards to a P.M. peak hour trip ends number of 33, it is assumed that approxim~tely 50% of the trip ends (approximately 16) will use the intersection of Experiment Farm and Troy Tow:11e, and the remaining 50% (approximately 17) will use the intersection of Main Street (State Route 41) and Waltnart Drive. Currently, there is approximately 3,000+ vehicles that enter this intersection during the P .M. peak hour, and in our opinion, adding 17 vehicles to this intersection will have minitnal impact on the intersection's level of service.

In conclusion, from Choice One's initial review, our opinion is that the proposed Senior Living Center will have minimal impact on the surrounding roadway network. Furthermore, it is anticipated that a TIS will not warrai;t any roadway .improvements due directly to the development.

If you have any questions, please contact our office.

Sincerely,

#/Mt( 11~ Mitchell J. ~~be, P.E. Traffic Eng1neer

DISCUSSION: Choice One Engineering requests a zoning amendment for a Planned Development on Pt Inlot 6047 (Parcel DOS-056329), which consist of 14.577 acres and located on the west side of Towne Park Drive. The applicant's intention is to construct a senior living facility. A map and site plan depicting the proposed layout of the property has been attached to this report.

The established zoning on this property is B-2 General Business District. The property is undeveloped and located on the west side of Towne Park Drive just north of Comfort Suites. The surrounding area contains undeveloped land to the east side of the property, residential apartments (PD) to the west, office uses to the north, and commercial uses to the south.

TAX INCREMENT FINANCING: In 2003 City Council passed Ordinance 0-45-03 which laid the foundation for a Tax Increment Financing District (TIF). This economic development mechanism is used to finance public infrastructure improvements and works by locking in the taxable worth of property at the value it holds at the time legislation was approved. A portion of the future real estate property taxes which normally would have been collected instead are used to make annual payments on the bonds which financed the infrastructure improvements. The TIF revenue avoids the need for any supplement from the City's municipal income tax proceeds to make those bond payments.

The proposed senior living facility will make a significant investment (over $20,000,000) in private property improvements. The resulting increase in annual TIF revenue will help to make the annual bond payments and help to build a reserve to cover revenue fluctuations caused by future real estate reevaluations.

As part of the TIF agreement, the private landowner agreed to develop the TIF properties with certain limitations. The City's goal was to have the TIF area become a job-creator, especially of jobs with wages higher than the state minimum wage. Toward that end, the landowner agreed to exclude retail and restaurant uses "on no less than six ( 6) of the parcels" in the TIF area. (A provision is included for renegotiation of this provision after the first five years, if necessary.) Having the largest vacant TIF parcel (14.577 acres) occupied for a service business also meets some of the employment goals of the TIF. It avoids development of yet another big-box retail use which typically would have generated mostly minimum-wage jobs. As a 24/7 operation, the senior-care facility is

projected to have 45 full-time and 69 part-time positions. The annual payroll is expected between $2,800,000 to $3,000,0000. While housekeeping and food-service workers will be closet to minimum-wage, the individual wages will range from $9.00 to $13.00 per hour for the most numerous category of workers, the Resident Assistants.

PROPOSAL: Layout: The layout includes one building measuring 185,875 square feet of gross floor area, with four wings, that house independent living areas, assisted living areas, and mental care areas. The development contains a sidewalk and parking lot around the entire circumference of the building. The remaining space on the property will be lawn area. Landscaping will be established on the property, which includes numerous trees and bushes as shown in Exhibit D-4.

Uses: The proposed use for the Planned Development will strictly be for senior living accommodations. Staff would like to see a list of permitted uses that should, at a minimum, include "nursing homes", "rest homes", and "convalescent homes'' as defined by the City of Troy Zoning Code.

Units: The development will consist of three floors of independent living areas totaling 92 units (28 first floor units, 32 second floor units, 32 third floor units). Mental care areas total 30 units (4 studios, 24 one-bedroom, and 2-two bedroom units). Assisted living areas total 36 units (32 one-bedroom, and 4-two bedroom units).

Parking: The development contains 175 parking spaces. The parking area is shown to have three points of access from Towne Park Drive. The proposed parking area meets the zoning code requirements for the number of parking spaces and will be required to hold at least five percent interior landscaping.

Parks & Recreatii>n Facilities: This planned development does not propose any common open space or recreational facilities.

Traffic: The developer has provided the following traffic information for the development:

Traffic Marketing Events Family Visits Outside Contractor Gordon Food Service Delivery Fed Ex Delivery Mail Delivery Trash Pick Up

Oth~r delivery (supplies)

Documents

Council Committee Meetings (5/11 and 5/12/2015)