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

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City of Troy
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TROY CITY COUNCIL
COMMITTEE MEETING NOTICE
COUNCIL CHAMBERS, CITY HALL
100 S. MARKET STREET, TROY, OHIO
MONDAY, May 11, 2015, 5:45 PM

Recreation & Parks Committee
(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
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Patrick E. J . ntterington
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City of Troy
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100 S. Market Street

P. 0. Box 3003
Troy, Ohio 45373
www.troyohio.gov
phone: (937) 335-1725
(937) 339-8601
fax:
patrick.titterington@troyohio.gov
MEMORANDUM
TO:
Mrs. Baker, President of Cu
FROM:
Patrick E. J. Titterington
DATE:
May 5, 2015
SUBJECT:
ODNR GRANT AGREEMENT, TREASURE ISLAND PARKING LOT
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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
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Patrick E. J. ntterington
Director of Public Service and Safe
City of Troy
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P. 0. Box 3003
Troy. Ohio 45373

www.troyohio.gov
phone: (937) 335- 1725
fax:
(937) 339-8601
pa trick.titterington@troyohio.gov
MEMORANDUM
cm-,
TO:
Mrs. Baker, President of
FROM:
DATE:
May1,2015
SUBJECT:
BIDDING AUTHORIZATION - LIME SLAKER SYSTEM FOR THE WATER PLANT
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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 inhouse 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.
Christy J. Butera, PE
100 S. Market Street, P. 0. Box 3003

Troy, Ohio 45373-7303
phone: 937-339-2641 /fax: 937-339-9341
christy.butera@troyohio.gov
TO:
PATRICK
E.J. TITTERINGTON,
FROM:
Jillian Rhoades, PE, City Engineer/Christy J. Butera, PE, Assistant City Engineer
DATE:
APRIL
SUBJECT:
Authorization to Bid and Award the Lime Slaker System
DIRECTOR OF PUBLIC SERVICE AND SAFETY
29, 2015
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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City of Troy
MEMORANDUM
TO:
Community and Economic ~ment Committee
FROM:
DATE:
May4, 2015
SUBJECT:
Rezoning of Part of IL 6047 on Towne Park Drive
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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:
Mrs. Baker, President, Troy City Council
FROM:
Sue Knight, for the Troy Planning Commission
DATE:
March 30, 2015
SUBJECT:
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 D08056329, 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:

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.
Encl.
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AGENDA - TROY PLANNING COMMISSION

WEDNESDAY, MARCH 25, 2015, 3:30 P.M.
CITY HALL, SECOND FLOOR COUNCIL CHAMBERS
1. Minutes - March 11, 2015

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
City of T roy
Planning Division
TO:
Planning Commission
FROM:
Planning Staff
SUBJECT:
Senior Living Facility
DATE:
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:
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".
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.
IL
111.
From side property line 25 feet

From rear property lines 25 feet.
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.
11.
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.
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
By:
Its:
[Notarizations on Following Page]
GROUP,
[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 _ _ _ _ )
of the
, as
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.
_ _ _ _ _ _ _ _ _ _,Notary Public
_ _ _ _ _ _ County, _ _ _ _ __
Acting in
County
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
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
roaks@hotmail.com
TABLE OF CONTENTS
Section
Page
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
10-13
Appendix B - Existing Traffic Count Data On Troy Towne Drive
14- 16
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 'turna-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
36 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.
Vicinity Map
Project Location
Troy Towne Drive heads east from Experimental Farm Road and then turns to the south to the 'turna-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.

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-around.
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
IN(Nb)
2.28 + 2.97 =
IN(Eb)
2.33 + 3.03 =
OUT(Sb) 3.27 + 1.88 =
OUT(Wb) 2.36 + 1.36 =
10.24 + 9.24 =
Tot~
5.25 = 6 Yeh/Hr
5.36 = 6 Yeh/Hr
5.15 = 6 Yeh/Hr
3.72 = 4 Yeh/Hr
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.
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 apartmentlike 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.
Land U s e: 254
A ssis t e d Liv ing
Description
Assisted living complexes are residential settings t hat 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 resid e nts and services include
dmmg, housekeeping , social and physical activit ies , medication adm in istrat ion and transportation .
Alzheimer's and ALS ca re are commonly offered by these facilities , thou g h the living quarters for
these patients may be located separately from the other re si den ts . A s siste d c a re commonly
bridges the gap between independent livin g and n ursing h o mes. In some areas o f the co untry ,
assisted living residences may be called pe rson a l c are, res idential care, or domiciliary care . S taff
may be available at an ass isted ca re facil ity 24 hours a day , but skilled m e dical care-whi c h is
lim ited in nature-is not required . Conti n u i ng c are retirement co m mun ity (Land Use 255) an d
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 , con s isting o f either a
single r oom or a small apartment-style u n it w ith a kitchenette and living spa c e .
One study reported that according to national and loc a l data , less t han 5 pe rcent of th e residents
own ed cars , which were rarely driven . Employee s , visit o rs a n d de li ve ry trucks ma k e most of the
trips to these facilities .
T ruck traffic was captured for some studies in th is land use and is presented i n the table below .
Alth ough t r uck traffic was very low overall, the most trips occurred during the m id-day period on a
weekday.
The peak hour of the generator typ ically did not coincide with the peak hour of t he adj acent street
traffic, primarily because of the sh ifts 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 hou r of the generat o r
typically occu r red f rom 6:00 a.m .- 7:00 a.m ., while the p.m . peak hour of the generat or typica lly
. 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=O.ll*X
= 14.08 Veh/Hr
61 % Vehicles IN
39% Vehicles 0 UT
Directional
Distribution
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 = 0.14 * X
= 9.24 Veh/Hr
65% Vehicles IN
35% Vehicles OUT
Directional
Distribution
IN(Nb)
IN(Eb)
OUT(Sb)
OUT(Wb)
45/(45+46)*65%* 9.24 = 2.97 = 3 Veh/Hr

46/(45+46)*65%* 9.24 = 3.03 = 3 Veh/Hr
61/(61+44)*35%* 9.24 = 1.88 = 2 Veh/Hr
44/(61+44)*35%* 9.24 = 1.36 = 2 Veh/Hr
PM Peak Hour of Adjacent Street Traffic

X = Number of Units
T= 0.22 * X
= 14.52 Veh/Hr
44% Vehicles IN
56% Vehicles OUT
Directional
Distribution
96/(96+ 101)*44%*14.52 = 3.12 = 4 Veh/Hr

IN(Nb)
101/(96+101)*44%*14.52 = 3.27 = 4 Veh/Hr
IN(Eb)
OUT(Sb) 93/(93+128)*56%*14 .52 = 3.42 = 3 Veh/Hr
OUT(Wb) 128/(93+ 128)*56%*14.52 = 4.71 = 5 Veh/Hr
13
Appendix B
On
Troy Towne Drive
14
VEH ICLE HOSE COUNT

LOC ATION: Troy Town Dr 230' E of Experimental Far m
Trov. OH
COUNT BY: OAKS ENGINEERING J OO
START DATE: 0311912015
STARTT!ME: 11 :00
M OVEMENT:~
:1 6
1
0
?
1
0
1
6
11
!I
7
19
17
22
HOUR
1
2
3
4
6
6
1
8
9
10
11
12
13
14
15
2Q
20
21
26
16
17
32
18
19
20
18
16
12
0
21
22
23
5
4
I
I
MOVEM ENT: IEB+WEf
MOVEMENT:( ] [ ]
:30
7
1
0
2
1
4
10
11
'1 8
9
12
HI
M
2i
13
18
29
21
21
20
16
9
:45
0
"-
.,
I
1
2
1J
10
12
7
16
25
17
21
13
31
21
11
12
rn
7
4
HOUR
:60 TOTAL
1
1
?
1
4
6
4
8
12
8
13
2.1
'17
20
Hl
20
33
21
HI
20
13
11
()
9
4
6
6
6
13
30
39
66
36
44
87
73
72
122
95
69
68
60
33
20
1.133
..
------
0
1
2
3
78
..
J3
---
HOUR
51
82
8
3
C
24-HR RAW TOTAL:
...
250
PEAK Hour
20
--
128
6
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
:15
HOUR
6
2
'I
fJ
0
0
1
0
\_I
0
1
0
4
7
10
7
11
22
21
11
15
H
2-2
27
12
H
10
0
2
10
..:.+
0
~
7
'13
7
I
1B
6
1E
12
20
2E
B
15
10
9
.,
0
3
3
9
13
12
12
5
1.::
'13
12
11
19
28
13
27
16
12
"'
16
26
23
16
21
25
19
11
25
11
4
G
3
2
l5
9
4
..,3
'
24-HR RAW TOTAL :
..
J::!
HOillf
:60 TOTAL
11
0
:46
2
I
:30
HOUR
0
1
4
2
2
1
7
16
37
49
39
41
2
3
4
6
6
7
46
:16
4
0
3
1
0
1
{)
113
22
15
8
9
83
44
eo
ea
10
11
12
13
14
15
96
96
16
17
46
18
19
31
55
33
20
25
14
22
1'I
23
14
75
e4
101
26
21
10
37
35
33
57
31
22
f5
21
24
945
..,.
:30
'i 3
3
:60 TOTAL
1
20
2
8
0
?
3
B
2
2
2
7
-1
2
4
7
4
fi
10
20
13
'i4
9
46
'1 8
18
22
76
28
2G
25
104
16
20
75
21
23
24
92
19
13
50
157
'10
35
'1 1
-15
16 1
2g
32
33
131
35,
28
35
133
32
29
46
140
21s
61
5E
56
'1 8
10
191
1-0
33
3G
30
133
3'1
27
31
123
16
28
93
17
15
11
'17
58
7
7
9
34
s
12
lO
44
24-HR RAW TOTAL:
2078
... ,
:45
2
3
01
2'11
-.---..--
-.-we
2UU
w
j15a -1---1-----+---1---1-----+---+---+---+----,~-+---''d----+----+--+---+--+or--+-----+---+---+-~
0
>
~
a::
5 t oo -1---+-----+---+---1-----+---T"2-.--+---+--+----+---+---+-----t.L--..---+-"'...--+---+--_,.,.---+---+---+-~
- - EB
:c
10
11
2
13
TJrAE O~ OAY {TIME ENDlrlG)
1'I
15
1S
17
18
19
20
21
22
23
OAK'S Fnginf:ering 1448 ,:ndi :;on Rd Vn'."ldnlir1 OH 45;:i,77
15
VEHICLE l-IOSE COUNT

LOCATION; Troy Ttiwn Dr 225' N of Hotel N-Orvwy
Troy, oH
COUNT BY: OAKS ENGINEERING J OO
PEAK Hour
START DATE: 03.11912015

STARTTIME: 11 ;00
MOVEl'AEHT:c::!!J
:15
HOUR
0
1
MOVEMENT:(][]
:30
2
0
0
0
0
3
3
4
5
(+
1:1
(I
6
7
B
0
I
~I
f;
21
16
4
~'
10
11
fi
11
12
13
14
16
16
17
18
19
20
21
22
23
'2
7
8
9
:.
4
l
6
6
'17
11l
A
30
f;
'lfl
9
7
70
29
44
10
11
58
50
12
13
14
16
16
13
7
-i
1
.L
"
~
1~
.s
1~
3-5
21
1t
40
47
86
73
38
"
22
29
4
2
11
738
..
80
. ..
93
!>
0
1
0
4
1
24-HR RAW TOTAL=
--
WO
(I
70
41
.,
[I
11
9
10
t;
2t
3
4
5
6
0
0
30
'IC
!i
"14
5
3
12
4
'I
1 ~
61
:30
7
f
2
1
14
15
:15
1
1
0
MOVEMENT:iNB+SBi
HOUR
HOUR
3
5
1
1
1
2:.
2-5
HOUR
TOTAL
=
(1
10
25
13
14
13
!I
18
11
13
"18
0
0
1
:.
; 6(
:4S
1;;;
fr
1?i
fi
12
"l1
[1
"17
15
1:.
17
18
19
20
21
22
23
11
12
12
7
3
7
(I
1
1
1
2
1
:?::.
rs
'1D
15
15
21
2[1
1B
ti
11
26
40
64
58
56
46
18
97
91
67
49
48
8
8
4
G
1
3
4
24-HR RAW TOTAL=
fl
6
4
..
4l
4
5
"1
r:
11
11
i4
:l'T
:2t.
:14
:w
1!)
15
"fl
1!':
1fi
'llJ
'1 4
L3
'fO
73
1~
.?7
:~P,
:'15
23
37
2G
3G
34
4D
21
20
20
i'1
4
8
41
30
25
37
Hi
26
23
22
47
23
"iS
23
5G
43
21
12
18
2e
12
13
14
16
16
17
18
19
96
20
21
22
28
17
15
:15
1
D
3
7
8
9
10
11
45
23
915
91
J4
:60 TOTAL
2
14
2
7
0
3
1
3
4
7
11
22
;30
9
1
0
0
1
3
0
1
2
3
8
21
31
43
5
13
15
22
18
10
34
18
23
15
12
:45
2
4
c
2
2
25
51
42
35
51
101
B.4
56
69
108
'1f
'l il
126
106
86
126
183
164
105
71
77
39
39
39
22
16
13
12
9
1
I}
(l
25
21
5
24-HRRAWTOTAL=
7
1653
40
- ---~
-~
1eo
/' ~
1E-O
~ 1U
~ 1 1JO
!"'-
Ill:
~ EO
::a:.
" ...
'
/A
!:'U
40
0
0
.I
.~
2
/r'~
,...
rr
--~~~
v" '
\
140
Ill
:iO
0
0
1-1
0
2
y
1u
'l:J
'l:J
16
17
12
12
42
24
22
16
HOUR
HOUR
;60 TOTAL
11
2
:45
1
1
"
~N'
--......
.,,,,-..... -~
_,,....~
/ / ja,
VI
P-{.I/
-+-SB
'""':......,_~ . , ~
i\
~
'a... -
"-,...._,
~.,,
- -...
"-I
12
13
I !Mt 0 1 UAV { llrM: tNUIN\j)
10
11
1.1
15
NB
t\ '----
I'"~,
16
18
19
20
2'
22
~Nl:JISM
23
O AKS F ngioo?.ring 1443 .lnr.kson R:1 'h mrl.'llifl OH 45177
16
City of Troy
Planning Division
TO:
Planning Commission
FROM:
Planning Staff
SUBJECT:
Senior Living Facility
DATE:
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.
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 ''Amendment 0 ); 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
:..n
The real estate which is the subject of the Declaration and Amendment is
described as follows:
Situate in the City of Troy, County of Miami and State of
Ohio and being Lots Numbered 9430, 9431 9432, 9493 and
9494 of the consecutive numbers of lots of said City (the
"original lots").
1
The real estate which is to be now included is described as follows:

See Exhibit "A"
(the "highway lots 11 )
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)
Deveroper 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)
'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;,
11
(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)
"8uilding 0 - 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 11 hazardous

substancesn, hazardous materials'' "toxic substancesn, 11 hazardous
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
0
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. 1801 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.
1
(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
Thefollowing 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 built 11 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.
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 lightfng 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 stafning 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.
1o.
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
surplus' store;
'second~hand
11
store (excluding a bona fide antique store) or
11
(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 laundry 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;
1
Any automobile~ truck) traifer or recreational vehicles sales, leasing,

(viii)
display or pody shop repair operation;
(ix)
Any bowling lane or skating rink;
(X)
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;
Any establishment selling or exhibiting pornographic materials or

(xiv)
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;

Any flea market amusement or video arcadeA pool or billiard half.
(xvii)
car wash or dance haU;

I
(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:
(xxiii)
Any operation whether or not it sells beer, wine or alcohol that
advertises itself as a ''gentlemen's club*', as an X rated facility 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 or "g~str1ngs and "pasties'1 or "topless~ or ''topless~bottomless" shaU be
prohibited.
1
11
In respect to the interior lots, only the covenants referred to in this Provision as
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.
sub~provisions
11.
co
12.
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.
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.
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;
('\J
!,.f?
{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.
~
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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 {$1,000 1000.00) 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 Iicensee 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
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.
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24.
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.Jnit 1 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.
Developer and any User shaH have the right to enforce these covenants and
restrictions. In the event any party defaults in fts 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 provision 1
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.
.
...
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 2004.
HARSON lNVESTMENTS1 LTD.

An Ohio Urnited Partnership
By Dayton co .. General Partner
By__ ~J~ri!;t!_7-l~t--
'\'"" 0 j-'"A >

c;-> "==f/OI t}t~..o : ~
Shayna S. Kolodesh, President
STATE QF OHIO
COUNTY OF MONTGOMERY
,)
) SS:
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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THREE STORY Pf3QTQ_

TYFE.
NE
fNGINffRJNG
Senior Living Center - Towne Parke Drive

Troy, Ohio
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:
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.
Peak Hour:
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~
~~be,
Mitchell J.
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
4/month
40 people/day
Outside Contractor
20 people/day
Gordon Food Service Delivery
Fed Ex Delivery
Mail Delivery
3 times/day
1 time/day
1 time/day
Trash Pick Up
3 times/week
Oth~r delivery (supplies)
2 times/week
15-75 people each event
Staff would like to see a detailed traffic impact study he conducted for the development
as unusual configuration of pub~ic & private streets in the immediate area.
Utilities: This development will be served by existing City water and sewer lines. The
plan seeks to mitigate storm water control by utilizing the existing regional detention
basin located to the north of the property; however, staff wishes to see calculations that
support the existing basin will hold storm water from this development.
Protective Covenants: Please see Exhibit D-6 for the discussion of covenants, grants,
easements and restrictions. The two articles of covenants that are mentioned are:
Article I - Purpose
It is the intent of these restrictive covenants to require this development be maintained as
an attractive development site, with ample landscaped open areas and attractive
structures. The use of this facility will only be used for senior living care.
Article II-Construction
Building constructions and designs shall be such as to create a completed structure with
four (4) attractive sides of high quality rather than creating a front elevations of
significantly different material from side and rear elevations.
Staff would like to see a more detailed list of Protective Covenants and Restrictions to
address: building materials, waste & refuse, landscaping, outdoor storage & equipment
and permitted uses.
Modificatio11s: The Planned Development requires a waiver for the 10% open space
requirement. This can be waived by the Planning Commission as discussed in section
1145.08(a) of the City of Troy Zoning Code;
Compreliensive Plan Compliance: The Troy Comprehensive Plan indicates the
proposed area to be developed as commercial use according to the Future Land Use Map.
The TIF expands the use to be a combination of commercial & services uses. The
proposed development is in compliance with the expanded uses of the TIF as the
proposed use is a service use.
GENERAL PLANS STANDARDS:
Section 1145.16 of the Zoning Code requires that Planning Commission review the
proposed General Plan and may recommend the General Plan to City Council if it
determines that the plan satisfies, at a minimum, all of the following criteria:
(1)
The General Plan should follow to the maX:imum extent

practicable the Comprehensive Plan for the City, taking into
account current facts and circumstances; The Troy
Comprehensive Plan indicates the proposed area to be
developed as commercial use according to the Future Land
Use Map. The TIF expands the use to be a combination of
commercial & services uses. The proposed development is in
compliance with the expanded uses of the TlF as the
(2)
(3)
(4)
(5)
(6)
(7)
(8)
proposed use is a service use. This prime located land will

reach the desired maximum potential with the proposed PD.
An exemption to conventional zoning is justified because the
Comprehensive Plan for the City can be more faithfully and
reliably implemented by the use of PD zoning; The
exemption to conventional zoning is justified.
The
cotnmercial/office
Comprehensive
plan
promotes
development to improve the economic tax base of the
community. The proposed PD will have a positive impact to
meet the needs of the community and increasing the tax base,
especially in the TIF district.
The General Plan is compatible with the location,
topographic and other characteristics of the site and will bear
a beneficial relationship with s1mounding land uses in terms
of noise, smoke, dust, debris, or other nuisances; The Plan is
compatible with these characteristics.
The General Plan is carefully designed to support
surrounding streets, utilities and other public improvements;
The public improvement and infrastructure have been
developed within the conditions of the TTF agreement.
The General Plan represents an efficient and economic use of
the land in view of the community's need for a balance of
land uses; As discussed in Item (1), this prime located land
will reach maximum potential with the proposed PD. The
Economic Development Director determined that this
development results with a positive impact to the TIF and
will strengthen the economic base of the community as it
leads to 80 FTE jobsand a payroll of between 2.8 million to
3 million dollars.
All public streets, utilities and services necessary to carry out
the General Plan are available to the site, or will be extended
or improved by the developer and/or City in time to permit
the development to be properly served; The public
improvement and infrastmcture have been developed within
the conditions of the TIF agreement.
Exception from conventional zoning is warranted by design
goals or other criteria and/or the need to provide a variety of
development opportunities within the community; An
exemption is warranted from regular zoning. The PD
proposes to provide senior living facilities, to accommodate
the rate of aging citizens in Troy. Fm1hennore, the resulting
increase in annual TIF revenue will help to make the annual
bond payments and strengthen the TIF.
The design of the development protects natural assets such as
streams, wood lots, steep terrain, and other critical
environments in the City; Not .applicable in this request.
(9)
Taken as a whole the development of the proposed PD will
have a positive effect on the health, safety, and general

w~lfare of the City; TI1e proposed PD will create CJ. positive
(10)
effect on tl~e community as intended with the TIF agreement.

A market study shows the need for senior living facilities to
acconm10date the rate of aging citizens. In addition, the TIF
funds have been declining and this development would
provide financial support to the TIF.
The General Plan appears capable of being implemented by a
Final Development Plan which meets all requirements of this
Section. The General Pla11 is capable of implementation by a
Final Development Plan.
ZONING CODE:
In reviewing a rezoning proposal, Section 1139.07 outlines the criteria on which to base
decisions:
(A) Whether the change in classification would be consistent with the intent and purpose
ofthis Zoning Code.
The rezoning would be consistent with thefollowing sections of the Zoning Code:
1131 .02 (g) "To provide for creatively designed single-use and mixed-use Plaimed
Developments, and to preserve their character and vitality through ongoing regulatory
supervision."
1131.02 (k) ''To facilitate the efficient and economical development and use of land and
public facilities.''
(B) Whether the proposed amendment is made necessary because ofchanged or changing
conditions in the area affected, and, if so, the nature of such changed or changing
conditions.
No changes in the area have cteated this rezoning request.
(C) Whether the uses that would be permitted on the property if it were reclassified
would be compatible with the uses permitted on other property in the immediate vicinity.
The proposed use of the }Jroperty is compatible with the other uses in the immediate
vicinity. Abutting the western prope11y line is an upscale residential apartment complex
which is very compatible to the proposed use of the senior living faciHty.
(D) Whether adequate utility, sewe1~ 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
if it were reclassified
The pl'oposed PD can and Will be served by City water and sewer. All other public
services can be provided viith the proposed rezoning.
(E) The amount of vacant land that currently has the same zoning classificatiOn as is
proposed for the subject property} partic11larly in the vicinity of the subject property and
any special circumstances} in any, that make a substantial part of such vacant land
unavailable for development
1
The pi'operty is stmounded by vacant land with the current B-2 zoning classification. To
allow the proposed use a Planned Development approach is required. However, the
proposed PD strengths the TIF district, which is the only TIF established in the City.
(F) Whether the proposed amendment would correct an error in the application of this
Zoning Code as applied to the subject property.
Not applicable in this request.
RECOMMENDATION:
It is recommended that Planning Commission consider tabling this Planned Development
application, based upon the following:
Stonnwater calculations to show the regional detention basin is capable of
supporting stormwater from this development has not been received;
A detailed traffic study is recommended based upon the unusual configuration of
public & private streets in the immediate area;
A detailed list of Protective Covenants and Restrictions to address building
materials, waste and refuse~ landscaping, outdoor storage & equipment, and
permitted uses have not been received.
Stabilized StoryPoint Property

2/17/2015
Title,
Executive Director
Property Administrator
Life Enrichment Coordinator
Shuttle Driver
Housekeeping Lead
Maintenance Lead
Housekeepers
Laundry
Wellness Director
Wellness Coordinator
Assistant Wellness Director
Assistant Wellness Coordinator
Resident Assistant
LPN
Executive Chef
Sous Chef
Cook
Server
Dishwasher
Hostess
Cafe Barista
Bistro/Pub Cook
Receptionists
Sales
Hourly Rate
$30.00 - $36.00
$20.00-$22.00
$17.00-$20.00
$10.00-$12.00
$15.00-$17.00
$15.00-$17.00
$9.00-$10.00
$9.00-$10.50
$30.00 - $36.00
$23.00 - $25.00
$19.00 - $21.00
$15.00-$17.00
$9.00-$13.00
$18.00-$21.00
$20.00-$24.00
$13.00-$15.00
$10.00-$12.00
$8.00-$8.50
$8.00-$8.50
$10.00-$10.50
$10.00-$11.00
$11.00-$12.00
$9.00-$12.00
$17.00-$19.00
Total Stabilized Payroll
$2.Sm-$3.0m
PT positions
FT positions
1
1
1
1
1
7
1
1
1
1
1
15
1
1
1
1
0
1
1
1
1
2
2
45
No. of employees
0
0
1
1
0
0
1
1
0
0
0
0
30
1
0
0
days
afternoon
midnight
1
25
1
1
0
l
5
0
69
Traffi...,-e_ _
Marketing Events
Family Visits
Outside Contractor
Gordon Food Service Delivery
Fed Ex Delivery
Mall Delivery
Trash Pick Up
Other delivery (supplies)
4/month
40 people/day
20 people/day
3 times/day
1 time/day
1 time/day
3 times/week
2 times/week
15-75 people each event
StoryPoint Move In CriteJa

For Independent and Harbors we follow Fair Housing for all move ins. We do a criminal and credit check on all new residents
ForAL/MC we wlll follow the RCF License guidelines in Ohio and HFA in Michigan for the type of resident we admit
62
40
12
114
PROPERTY ADVISOR REPORT TM
4Q14
Date Printed: 1/9/2015 10:53:24 AM
2015 National Investment Center for Seniors Housing & Care (NIC). All rights reserved. Data believed to be accurate but not
guaranteed; subject to future revision. This report is a part of the NIC MAP Data Service (NIC MAP). Distribution of this report
or any part of this report without prior written consent or license by NIC is prohibited. For license information please contact
NIC at 410-267-0504.
National Investment Center for Seniors Housing & Care
www.NICMAP.org
PROPERTY ADVISOR REPORT

Comp Set Characteristics
Brookdale Senior Living {Multiple)
319
Units
vgAge
auntie.:_
Miami {OH),Montgomery {OH)
Enlivant {PIO# 8329)....,.,_ .
__ _
..
80
25.1%
59
18.5%
45
14.1%
39
12.2%
Chancellor Senior Management Ltd

(PID# 9117)
-Share
30.1%
Units
96
HCF Inc (PID# 8899)
---
Randall Residence (PID# 16968)
14
Dayton, OH
Metros
Top 5 Operators
-Operator
I Properties
-
Properties -
Segment Data
Occupancy
Inventory
Assisted Living
4Q14
273
Quarterly Change
Memory Care _ _ _ __..__ _ _ _4~

6 _ _Protec~edl
Unit Type
Segment _ _,_
-110 bps
94.5%
__
Ave rage Rent

Annual Change
4Q14
733 bps
RPI
Annual Change
$4,972
4014
3.4%
$4,670
Protec!:~- _ Protec~rote_ct_ed~____P_ro_t_ec_t.e_d_,_
Inventory
Unit Data
I
Unit M ix
Occupancy -
_..,..
_____
Average Rent
T -;n~ran~ F~e
k ssisted Living
121
Assisted Living
96
40.2%
89.6%
$5,342
22
9.2o/c
Protected
Protected
Memory Care
tudio
95.9%
Protected
Occupancy By Unit Type
$4,687
Average Rent By Unit Type
100 %
$5,000
80 %
$4,000
60 %
$3,000
40%
$2,000
20 %
$1,000
$0
0%
:t>
3:
r.......
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[
a0
i5"
Cf)
2"
0..
:t>
r-
Cf)
2"
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:t>
.......
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r-
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2"
OJ
(I)
a..
i5'
0..
a
0
Date Printed: 1/9/2015 10:53:24 AM
NIC MAP Property Advisor Report-
4Q14
We.st
Lib~rty
Ansonia
l lO
City
North\'ille
Bradford
St Paris
Urbana
, roy
New Mo
Nor th ri'dge
Arcanum
~ t i1 ,.. . ...
--
- --ID
Metro
I
1
Caldwell House
8329
2900 Corporate Dr
Troy,OH 45373
18
Comp Set Properties

---
Address
Age
Name
.. ....... a. .-
__
Dayton, OH
,_
Cou nty
- I-
--
Property Type/
Campus Type
---~
Units
Operator
Majority AL
Freestanding
l'L Units:
AL Units: 39
MC Units :
NC Beds:
Enlivant
Miami
Majority AL
Freestanding
IL Units:
AL Units: 59
MC Units:
NC Beds:
HCF Inc
Montgomery
Majority AL
Freestanding
IL Units:
AL Units : 45
MC Units:
NC Beds:
Chancellor Senior
Management Ltd
Miami
Majority AL
Combined
IL Units:
AL Units: 56
MC Units: 24
NC Beds:
Randall Residence
Miami
Garbry Ridge Assisted

Living
8899
1567 Garbry Rd
Piqua,OH 45356
17
Dayton, OH
Hearth & Home of

Vandalia
9117
Randall Residence of Tipp

16968
City
14
55 Great Hill Dr
Dayton,OH 45414
6400 S County Road 25A

Tipp City,OH 45371
Dayton, OH
Dayton, OH
7939
Sterling House of Piqua
1744 W High St
Piqua,OH 45356
16
Dayton, OH
IL Units:
Miami
Majority AL
Freestanding
Miami
Majority AL
Combined
.._._--.....
__._
19
Sterling House of Troy
7921
.._._.,
_ _ _.. .._ _ _ _ ,,_n,.. __
81 S Stanfield Rd
Troy,OH 45373
Dayton, OH
~L Units: 37
MC Units:
NC Beds:
IL Units:
AL Units: 37
MC Units: 22
NC Beds :
Brookdale Senior Living
Brookdale Senior Living
_.__.
------ ---
Date Printed: 1/9/2015 10:53:24 AM
NIC MAP Property Advisor Report -
4Ql4

Segment Occupancy
Independent living Occupancy
Seniors Housing Occupancy
f----
- -- ----------
~ Com~ar~~le S~t -9- Dayton,_o~J
r-=.-o-~-ton, OH
t___
95%
---
l
.
88%
86%
90 %
84%
85 %
82%
.......
.0
.0
.......
.......
.0
.......
N
.J).
.......
.0
.0
.......
.......
.0
.......
.0
.......
-fl.
.......
.0
.0
.0
-fl.
-fl.
.......
.......
.......
.0
.......
-fl.
.......
~
.......
.0
.0
.......
-fl.
.......
.0
.......
N
.J).
.0
.......
N
.......
.0
.......
.0
.......
.0
.......
~
.......
w
.......
.0
.......
-fl.
-fl.
.0
.0
.0
-fl.
-fl.
-fl.
.......
.......
.......
Memory Care Occupancy
Assisted living Occupancy
c-------- -1
-9-
F-------- - --- Comparable Set --- Dayton, OH
-~
--- Comparable Set
----
96 %
95 %
93 %
90%
90 %
Dayton, OH
------ -
85 %
87%
80%
.......
.0
.......
N
.0
1'J
w
.0
.......
N
.J).
.......
.0
.0
.0
.......
.......
.......
w
.0
.......
w
.J).
.0
.......
.......
.0
.......
-fl.
.0
.......
-fl.
.0
.......
-fl.
-fl.
.......
.0
.0
-fl.
.0
.......
.......
.......
.0
1'J
.0
.0
.0
.0
.0
.......
.0
-fl.
-fl.
.......
.......
.......
.......
.......
-fl.
.......
.......
.0
.......
-fl.
.0
.......
-fl.
~
.......
-fl.
Nursing Care Occupancy
[!:- Dayton,~
86%
85 %
.......
.0
.0
.......
.......
.0
1'J
~
.......
N
.......
.0
.......
.0
.......
-fl.
.......
.0
.0
.0
-fl.
.......
.......
.......
.0
.......
-fl.
.0
.......
-fl.
-fl.
.0
.......
-fl.
Date Printed: 1/9/2015 10:53:24 AM
NIC MAP Property Advisor Report-
4Ql4

Segment Average Rent
Seniors Housing Average Rent
c--e------
-----e--
Independent Living Average Rent

~----- ~
Comparable Set
Dayton, OH
_,
------
Dayton, OH
--
$5,000
$41500
---$21220
.--
$21190
$4/000
$21160
$3,500
-- - - -- - - - -- - - -
,0
N
,0
N
,0
,()
,0
j;:j
,0
,0
4
,0
,0
$2,130
-- - - - -- - - - -- - -
,0
,0
4
,0
,0
,0
,0
4
,0
,0
,0
,0
4
,0
,0
,0
,0
4
,0
[+ Com~~ra.~le Set -e- Dayton, OH
$4,600
../'
E!-_co~parabl~ Set
----
--- - -
..,,,,,
$4,800
Memory Care Average Rent
Assisted Living Average Rent
$5,000
/'
-e- Dayton, OH J
$51600
$51400
$41400
--
,0
N
-- - - - -- - - -
,0
,0
4
,0
,0
j;:j
,0
,0
,()
,0
$5,200
-- - - -- - - - -- - -
,0
,0
4
,0
,0
,0
,0
4
,0
,0
,0
,0
4
,0
,0
,0
,0
4
,0
Segment Relative Performance Indicator (RPI)

Independent Living Relative Performance Indicator (RPI)
Seniors Housing Relative Performance Indicator (RPI)
$2,000
$11900
$4,000
$1,800
$31000
---
,0
,0
,0
,0
N
,0
,0
j;:j
Assisted living Relative Performance Indicator (RPI)
Memory Care Relative Performance Indicator (RPI)
E!=_ Comparabl~ Set -e- Dayton, OH I
!+ Comparable Set -e- Da~ton.,OH. l

L~-----
$4,500
$51100
$4/200
$41800
$3,900
-- - - -- - - - -- - w
,0
,0
,0
4
,0
,0
,0
,0
4
,0
,0
,0
$41500
---
_:_:_i
-- - - -- - - - -w
,0
4
,0
,0
,0
,0
4
,0
,0
,0
,0
4
,0
,0
,0
,0
4
,0
Date Printed: 1/9/2015 10:53:24 AM
4Ql4
Closed Transactions
Date
Property Name
Emeritus Blackstone JV
7/31/2014
Stub
--...---
Address
Metro
--...
United States Other,
Buyer/Seller
lnve ntory
Close Price
Price Per Unit
IL:
Majority AL
Freestanding
--
Prop. Type/
Campus Type
~L:
MC: 55 6
NC:
!rot: 5 56
Year BuilV
Renovated
Buyer: Brook dale Senior Livingl

Seller: Erne ritus Corporation
(WA- INACTIVE)
Sell er Broke r:
$38,450,850
$69,156
Bu ilt:
Ren:
Buyer : LMRE LLC

Seller: GPH Lima LLC
Sell er Broker:
$2 ,900,00C
$32,955
Built: 1967
Ren : 1972
IL:
6/ 2/ 2014
Golden Living Center of

Lima
599 S Shawnee St
Lima, OH 45804
Majority NC
Freestanding
Dayton, OH
~L:
MC:
NC: 88
Tot: 8 8
- --
3/17/2014 Hospitality Homes - East
1301 N MONROE DR
Xenia, OH 45385
1/27/2014
Laurelwood
3797 Summit Glen Rd

Dayton, OH 45449
1/27/2014
Bellbrook Health Care

Center
1957 N Lakeman Dr
Bellbrook, OH 45305
Dayton, OH
Majority NC
Freestanding
Dayton, OH
Majority AL
Combined
Dayton, OH
Majority NC
Freestanding
IL: 0
AL: 0
MC: O
NC: 100
00
Buyer: Hosp itality Realty West

LLC
Seller: Berk shire Healthcare
(MA)
Sell er Broker:
L:
L: 75
MC: 40
NC:
Tot: 1 15
Buyer: Newcastle Investment

Corp REIT (Fortress)
Seller: Lamp light Communities
Sell er Broker:
r1
IL:
AL:
MC:
NC: 78
Tot: 78
Buyer: Liboc\y Norsiog

Properties Of Bellbrook LLC
Selle r: Care One
Sell er Broker:
_J_
I
I
$2,200,000
$22,000
Built: 1963
Ren:
$9,900,000
$86,087
Built: 1993
Ren:2012
I!
Built: 1984
Ren:
Date Printed: 1/ 9/2015 10:53:24 AM
4Q 14
---------------
-----
Average Rent
Asking private-room rent plus the average fee for care services. For nursing care, this
represents the average per diem private-pay rate for private rooms. Average rent may also
be referred to as AMR for independent living, assisted living, and memory care and ADR for
nursing care.
Care Segment Type
Levels of care and services provided by the property. This can also be referred to as care
segment. One unit of independent living, assisted living or memory care is equivalent to
one nursing care bed.
Seniors Housing
The combination of independent living, assisted living, and memory care units.
Independent Living Units
The part or section of the property that provides independent living services.
Assisted Living Units
The part or sectio~ of the property that provides assisted living services, not including
memory care services.
Memory Care Units
The part or section of the property that provides services to persons with Alzheimer's
disease or other form of dementia. These are generally separate or secured areas, with
specific programming for persons with memory impairment in addition to services provided
for persons in assisted living.
Nursing Care Beds
The part or section of a property that only provides nursing care services.
Close Price
The total sales transaction price . If joint ventu re interest sold, this price is based on the
100% grossed-up price.
Competitive Set
Properties specified by the user to be used in analysis.
Index
"My Property" divided by the "Competitive Set" for any given metric. If the index value
exceeds 1.0, "My Property" has a higher value than the "Competitive Set".
Inventory
The number of independent living units, assisted living units, memory care units, and
nursing care beds that are operational and available for residence. One unit of independent
living, assisted living, or memory care is equivalent to one nursing bed .
Occupancy
The average unit occupancy of reporting properties .
Entrance Fee
A property that charges a lump sum amount of money pa id by a resident at the beginning
of their stay that provides the right to occupy the residence . Properties generally charge at
least $20,000 for this lump sum payment. This type of property generally charges a monthly
fee in addition.
Price Per Unit
The close price divided by the inventory of the portfolio.
Protected
Data are marked as "Protected" if there are an insufficient number of properties and/or
unique stakeholders reporting data.
Relative Performance Indicator (RPI)
The sum of occupied inventory multiplied by "Average Rent" for each distinct independent
living, assisted living, or memory care unit type divided by total inventory of that care
segment.
Unit Mix
The percent of units of a specific type relative to the total number of units. For example, a
property with 50 one-bed room units and 100 two-bedroom units has a one-bedroom unit
"unknown" units.
mix of 33.3%. This excludes
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~ONE
ENGINEERING
February 18, 2015
Tim Davis
Planning and Zoning Manager
CityofTroy
Troy, OH 45373
Subject: Senior Living Facility
Dear Mr. Davis,

Attached is the application for a planned development including exhibits and a check for $500.00. We
would request that the Planning Commission waive their public hearing as it is critical that we begin
construction this summer.
If you have any questions, please feel free to contact our office.
F.~:1\t.E.
Project Manager

Sidney, OH 45365
937.497.0200
Loveland, OH 45140
513-239-8554
www.choiceoneengineering.com
Office Use Only
Scheduled Planning Commission Meeting

(Held every 2nd and 4th Wednesday of the month at 3:30 p.m.)
Date Filed _ _ _ _ __
Accepted by _ _ _ __
Filing Fee Pd. _ _ __
Receipt#
Date Requested: - - - - - - Aoolicant<s) scheduled on the aaenda will be notified
APPLICATION IS DUE TWO (2) WEEKS PRIOR TO MEETING
APPLICATION FOR A PLANNED DEVELOPMENT

CITY OF TROY PLANNING COMMISSION
(MUST BE TYPED OR PRINTED LEGIBLY IN BLUE INK)
(READ SECTION 1145 OF THE ZONING CODE BEFORE COMPLETING APPLICATION)
An application for a Planned Development located at _T

..........o.w_n_e_P
...
___a_rk_D__r_iv_e____________
(Street Address)
being lot number(s)
part of IL 6047
(Parcel Identification Number)
Name
Address
City
State
Zip Code
OWNER
Harson Investments LTD c/o Alex
Kolodesh
2305 Far Hills Ave., Suite 210
APPLICANT
Name
Address
City
Dayton
State
Ohio
Choice One Engineering, Jeff Puthoff, P.E.

440 E. Hoewisher
Sidney
Ohio
-~-~~-~--~~-~~~
Zip Code _4_5_3_65_ _ _ _ _ _ _ _ _ _ __
45419
Phone No.
937-222-1313
Phone No.
937-497-0200
Fax No.
937-224-1179
Fax No.
937-497-0300
Email
akolodesh@mac.com
Email
jsp@choiceoneengineering.com
The applicant is the _....:;e;.;,.;n,...g=in=e=er"-'r=e=pr=-=e=s=en:..:..;:t..-.in:.;;;og__th__e;:;...d=e"'"'v~e..;;.;:lo""'p-=e,_r_of the property, which is subject to this application.
(State the interest of the applicant)
PLEASE PROVIDE THE FOLLOWING:

1. Documentary evidence that establishes the legal or beneficial nature of the applicant's interest In the tract or
parcel)s) and in the proposed planned development: Attach as EXHIBIT "A".
2. The legal description of the land proposed to be reclassified: Attach as EXHIBIT "B".
3. Written description identifying the principal types of uses to be included in the planned development: Attach as
EXHIBIT "C".
4. A site plan prepared by a registered engineer, surveyor or architect in duplicate drawn to such scale as to clearly
show:
a. The actual dimensions of the subject property according to the recorded plat of such property, lot
numbers, it's present zoning classification, existing and proposed uses: Attach as EXHIBIT "D-1".
b. The location and arrangement of proposed buildings and structure, the proposed traffic circulation
pattern within the planned development, the location and width of all proposed streets and public ways,
the areas to be developed for parking, the points of ingress and egress, including access streets where
required, the relationship of abutting land uses and zoning districts, the location of public of common
Page 1 of 3
open space, if any, including parks, playgrounds, school sites, and recreational facilities: Attach as
EXHIBIT "D-2".
c.
Statement indicating the intensity of land use to be allocated to all parts of the area to be developed;
including the use, approximate height, bulk, and gross floor area of buildings and other structures, and
the percentage of the site which is to be occupied by buildings and structures; Attach as EXHIBIT "D..3".
d. Sketches or renderings of the proposed buildings, structures and landscaping to properly describe the
proposed project: Attach as EXHIBIT "D4".
e. Statement describing the provisions to be made for the care and maintenance of common open space
or recreational facilities, proposed articles of incorporation and by-laws of the responsible entity: Attach
as EXHIBIT "D-5".
f. Statement describing in detail the substance of covenants, grants or easements or other restrictions to
be imposed upon the use of land, buildings and structures, Including easements for public utilities:
Attach as EXHIBIT "D-6".
g. Statement setting forth in detail all modifications required in the regulations otherwise applicable to the
subject property: Attach as EXHIBIT "D-7".
5. The present zoning classification of all surrounding lands located within two hundred fifty (25) feet of the land
proposed to be reclassified: Attach as EXHIBIT "E".
6. The names and addresses, and lot number of the owners of property within a radius of two hundred fifty (250)
feet from the parcel or parcels of land proposed to be reclassified: Attach as EXHIBIT "F".
7: Two (2) sets of mailing labels of property owners, & fifteen (15) complete sets of Information no larger than
11"x17".
I HEREBY DEPOSE AND SAY THAT THE ABOVE STATEMENTS AND THE STATEMENTS CONTAINED IN ALL
THE EXHIBITS PREPARED BY ME AND TRANSMITTED HEREWITH ARE TRUE.
(Applicant Signature)
Subscribed and sworn to before me this
I Bfh
day of
[l hYUll".'.J ,20 IS"
My Commission Expires _ _ _ _ _l_

a""--f-J_ 1__,/. . . ./. _S"-._ _ __
(Mohth/DdteNear}
BRITTANY CUNEHENS
NOTARY PUBLIC OHIO
Page 2 of 3
~Cffit~
~
(Notary Public)
(For Office Use Only - Do Not Write Below This Line)
REQUIRED DOCUMENTS:
EXHIBIT A
EXHIBIT B
---- - - - EXHIBIT C
- - - - EXHIBIT D-1
- - - - EXHIBIT D-2
- - - - EXHIBIT D-3
- - - - EXHIBIT D-4
EXHIBIT D-5
- - - - EXHIBIT D-6
_ _ _ _ EXHIBIT D-7
Nature of applicant interest

Legal Description of land
Written description principal uses
Dimensions
Location/arrangement of buildings & structures
Intensity of Land Use
Sketches property describing proposed buildings
Description of maintenance of open space or recreational facilities
Description of covenants, grants, easements or other restrictions
Modifications of regulations
_ _ _ _ EXHIBIT E
Zoning classification of parcels within 250 feet of parcel
- - - - EXHIBIT F
_____ Labels
Property owners list within 250 feel of parcel

Two (2) Sets of Mailing Labels of Property Owners
--~-
----
----
Copies
- - - - Filing Fee
Fifteen (15) Complete Sets in a reproducible format 11"x17"

Check issued to City of Troy for $500.00
Additional Documentation (List):
PLANNING COMMISSION DISPOSITION:
- - - - - - - - - - - - - - - - - - - RECOMMENDATION TO CITY COUNCIL
CITY COUNCIL DISPOSITION:

1st
Reading:
2nd:
3rd;
PUBLIC HEARING DATE

COUNCIL COMMITTEE RECOMMENDATION
AQl2roved:
Denied:
CITY COUNCIL ACTION
Ordinance Number:
Page 3 of 3
Revised
LI-I
@ONE
ENGINEERING
Senior Living Facility Planned Development Application
ExhibitARequest a planned development overlay zoning to PT IL 6047, 14.577 acres, along Towne Park Drive
which is currently zoned.
ExhibitBPT IL 6047, 14.577 acres, along Towne Park Drive.
ExhibitCConstruction of a Senior Living Facility.

Sidney, OH 45365
937-4970200
Loveland, OH 45140
513-239-8554
www.choiceoneengineerlng.com
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Jeff Puthoff
From:
Sent:
To:
Cc:
Subject:
Attachments:
Scott
Mark Murphy <mark@tripleminvestments.com>

Friday, February 13, 2015 8:27 PM
Scott Deisler
Jeff Puthoff; tim.davis@troyohio.gov
Fwd: Troy Zoning Application
signaturelogo.gif; ATTOOOOl.htm; image003Jpg; ATT00002.htm;
SKM BT_C36015021308290.pdf; ATT00003.htm
Ex\\\b;t- C-(;
Go ahead and provide square footage information and renderings.

Exhibit D-4 Operator will maintain the property and building in a first class manner similar to other senior
living properties in the area.
Our standard lease will be used for the resident so there will be no "by laws" as we will also own the entire
property. However, we will adhere to the covenants and restrictions of Towne Park.
We will grant any utility easements that are needed.
Tim, we will not be able to provide a restriction for the age as the Fair Housing Act prohibits
discrimination. However, keep in mind that it is rather self selecting given the amenities and program we offer
(meals included) and have used for 30 years at all buildings. It would not make economical sense to do any
other type of use given how much we commit to providing common amenities like the dining room,
multipuipose rooms etc. So far all other townships/cities have been comfortable with our use "as is" without
further restrictions.
Per your other comments below we are happy to provide the Purpose described below, and the Construction
(this is asswned-the community is provided protection as we will have to build what we propose/submit which
will be attractive on all sides).
Age restriction see above. Detention-agree either it will be on us or if we are part of the overall development
detention it will be our pro rata share. Sidewalks sounds fine but I would just like more detail.
I imagine we will have all this worked out as we go through site plan approval.
Article I - Purpose
It is the intent of these restrictive covenants to require this development be maintained as an
attractive development site, with ample landscaped open areas and attractive structures. The use of
this facility will only be used for senior living care.
Article II-Construction
Building constructions and designs shall be such as to create a completed structure with four (4)
attractive sides of high quality rather than creating a front elevations of significantly different material
from side and rear elevations.
Other thoughts I had include placing in the following:

-No one under the age of 55 will be permitted to rent in the senior living facility.
- The care of the detention are is strictly the responsibility of the owner.
- The brick sidewalks will be the responsibility of the owner
Total Control Panel

To: jsp@choiceoneengineering.com
Remove this sender from my allow list
From: mark@tripleminvestments.com
You received this message because the sender is on your allow list.
(SEE lROY 11.W. !'!AT 98)

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"Agreement") is entered into on this_ day of April, 2015, by and between the CITY OF
For the purpose of enhancing and protecting the value, attractiveness, and desirability
of the Property referred to herein, Owner hereby _declares that all of the real property described
herein shall be held, sold, conveyed and transferred subject to the easements, covenants,
conditions and restrictions contained herein, which shall constitute covenants running with the
land and shall be binding on all parties having any right, title, or interest in such Property.
RECITALS:
A.
B.
1. PURPOSE. It is the intent of these restrictive covenants to require that the Property be
areas, attractive high quality structures, proper and desirable uses and appropriate
applicable ordinances 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.
setback areas.
I.
ii.
111.

driveways, area walks and off-street parking, providing, however, that no offstreet parking be allowed in any front yard setback. Parking shall not be permitted
within 10 feet on a right-of-way line on a dedicated street.
b.

c.

I.
11.
City Council.
d.
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 60% of 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 EntryStone Option Revised.
e.

primary structure and consistent with the design of the building. Such containers shall
be kept in a clean and sanitary condition.
f.
g.
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.
Notwithstanding the foregoing, Owner shall be permitted to install a wrought iron
fence around the detention pond in the event one is required. To the extent
permissible under the City of Troy ordinance 521.07, the fence placed to hide trash
storage shall be opaque.
I.
J.
restaurant, beauty salons and fitness center. Any and all retail uses of the Property
shall be confined to the interior of the building and used solely by the residents or
families of the residents of the Senior Living Facility.
agreement.
I. Design Layout. The design layout of the Property, including, but not limited to,
buildings, sidewalks, parking areas, carports, and other amenities and structures of the
Property shall follow the design layout of Exhibit C, which Exhibit C is incorporated
herein by reference thereto.
m. Sidewalks. It is the sole responsibility of the owner to maintain all sidewalks,

walking trails, driving lanes and parking areas on the Property to City standards.
n. Utilities. All utilities of the Property shall be located underground, including, but not
limited to, telephone lines, cable lines, electric lines, water lines, sewer lines, etc.
o. Solar Panels. No solar panels shall be permitted on the Property.
p. Antennas and Satellite Dishes. No exposed or exterior radio or television
transmission or receiving antennas, and no satellite dishes which exceed 24 inches in
diameter shall be erected, placed, or maintained on any part of the Property.
q. Swimming Pools. No outdoor swimming pools shall be permitted on the Property.
r. Flag Poles. No more than three (3) flag poles are permitted on the Property provided
that the top of the flag pole does not exceed the height of the principal structure.
s. Vehicles. No boat, boat trailer, house trailer, camper, recreational vehicle, tent, or
equipment or vehicle of a similar nature shall be parked or stored on the Property.
This does not apply to necessary service vehicles to a limited period as may be
necessary to service any part of the Property, provided that deliveries are made to the
rear of the property. No inoperable motor vehicle shall be parked on any part of the
Property. The repair of any motor vehicle on the Property is prohibited except for
emergency repairs, and then only to the extent necessary to enable movement thereof
to a proper repair facility.
t.
filw. All signs shall conform to the City Sign Code requirements for signs as
defined under the commercial zoning district. Exterior advertising of retail uses are
prohibited.
u. Clothes Lines. The use of exterior clothes lines shall not be permitted.
v. Covenants and Restrictions. The Property is required to adhere to the "Amended and
Restated Declaration of Covenants and Restrictions," created by HARSON
INVESTEMENT LTD., as recorded on April 9, 2004 at the Miami County, Ohio
Recorder Office, as included in Exhibit D.
written above.
CITY:
CITY
OF
TROY,
By:
Its:
OWNER:
UNIFIED
PROPERTY
By:
Its:
[NotarJizations on Following Page]
GROUP,
STATE OF _ _ _ _ _ )
) SS.
COUNTY OF _ _ _ _ )
, as
of the CITY
OF TROY, a
_ _ _ _ _ _ _ _ _ _,Notary Public
_ _ _ _ _ _ County, _ _ __ __
My commission expires: - - - - - Acting in
County
STATE OF _ _ _ _ _ )
) SS.
COUNTY OF _ _ _ _ )
of the
, as
_ _ _ _ _ _ _ _ _ _,Notary Public
_ _ _ _ _ _ County, _ _ _ _ __
Acting in
County

25800 Northwestern- Suite 1000
248-746-0700
EXHIBIT ''A''
Town 5, Range 6 East and also being a part oflnlot 6047 of the consecutive numbered lots
which marks the Northeast corner of Inlot 9433 of the Troy Towne Park Subdivision
(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
common lot line between Inlots 6047 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
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.
Experiment Farm Road as North 02 deg. 21'00" West per SV 12Plat107. Iron pins set are
Parcel No. DOS-056329
EXHIBIT "8 "
IL ENTRY - ORIGIN_AL STONE OPTION
IL ENTRY - BRICK OPTION
2-26 -2015
- - --- - -- --- -
EXHIBIT "C"
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EXHIBIT 'D'
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EXHIBIT "D"
AMENDED AND.RESTATED
DECLARATfON
OF COVENANTS
AND RESTRICTIONS
This instrument is executed this 7th day of Aprill 2004 by Harson Investments,
11
Ltd., an _Ohio Limited Partnershipr (the beveloper 0 )
. WHEREAS, Developer1. pursuant to its power fo amend provided 1n Article IV of

th~ Declaration of Covenants and Restrictions dated June 6, 2003 and flied for record
11
County, Ohio (the noeclaration ) amended that Declaration of Covenants and
Restrictions by the Amendment to Declaration of _C ovenants and Restrictions dated
September 16, 2003 filed at Volume 07 42, Page 914 of the Records of the Recorder of
Mlami County, Ohio (the i(Amendment"); and
WHEREAS! 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 included; and
WHEREAS! Developer wishes to restate the prior Dedatation and Amendmellt in

NOW, THEREFORE, Developer, forvafuable 'c onsideration, hereby declares
t.he 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 Oecl~tration and Amendment rs
described as follows=
Situate in the City of Troy, County of Miami and State df
Oh(o and being Lots Numbered 9430, 9431. 9432, 9493 and
lioriginal Jots'l
The real estate which is to be now included ls described as follows:

See Exhibit r'A"
(the uhighway lots 11 )
and
See Exhibit ''B"
. (the "inte.rior lots'l
IL DEF INITIONS
As used herein, the following tenns shall be defined as follows:
thaf
(a)
uoeveloper11 - shaH mean Harson. lnyestment$~.'Ltd., its respective

successors <;ind assigns or any party .oi- entity to whom or which Harson
Investments, Ltd. exprnssl'y transfers it rights as Devefoper under this
. Declaration upon the condition that such 'party or entity expressly assumes
and agrees to perform the duties of Developer in which =case Harson
Investments, Ltd. will be relieved of all tesponsibility therefore;
(b)
Developer Tract" '." shall mean any lot, tract parceL real property, or
portion of the s9me, which is owned by Developer and subject to these
restrictions;
(c)
''User" - shall meC?.n the .person or ~ntit)' 1 other than Oeveloperl .

taking fee simple title any loC tract parcel or real property, or any
portion hereof which rs subject to these restrictions, or any person .or
entity holding ahy other legal, equitable or other interest in the same,
Which shall include, but not be limited to any owner, buyer, landlord,
Jessoc tenant, lessee, sub-tenant or sub-lessee, or occupant) and therr
respective successors and assigns, but shall exclude any party holding
such an interest merely as security for the performance of an obligation;
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to
(d)
UserTrad 1i ~shall mean any lot, tract, parcel, real property, or

portion of the same, whether in the original lots, the highway lots or the
interior lots described. above, which is subject to a f?e interest, or
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equitable interest of a User and subject to these restrictions;
(e}
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(f)
.~
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''Building 11 - shall h1ean any building, out buflding 1 gai~age or any

other structure located in, on, or bout the reaf property subject to these
restrictions, buift for the enclosure and/or storage of any person, animal,
chattel, equipment) invent61y, Dr other movable property of any kind, and
Which ls permanently affixed to the ground;
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Common Area. Easements;' - shall mean the signage/landscape

easem('.1nts retained by oeveloper on lots 9430, 9431 and 9432 (City of
Troy, Ohio) at the intersection of Towne Park Drive and t=xperiment Farm
Road ~fhd the signage/landscape easements to be created by Developer
at the point where Towne Park Drive wl!I intersect the south line of Lot
7996 as that lot is
(g)
now constituted.
llHazardous Sub$tance'r - shall mean:
(1) all materi91ls and substances defined as ''hazardous

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Substances". "hazardous materials' , ntoxic substances", 0 hazardous
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waste", "toxic chemicals", "solid waste , ?infectious waste'', or.similar
terms. as defined in: (i) the Comprehensive Environmental Response,
Go.mpensation and Liability Act of 1980 (42 U.S.C. '9601 et seq.), as
amended by Superfund Arrnrndments and Reauthorization Act of 1986

(Pub. L. 99-499, 100 Stat. 1613 ), (ii) the Resource Conserv9tion and
Recovery Act of 1976 (42 U.S.C. '6901 et seq.), (iii) the Hazardous
Materials Transportation Act, 49 U.S.C. '1801 et seq.) (iv) Section 811 of
the Clean Water Act, 33 U.S.C. '1251 et seq. (33 U.S .C. '1321) or listed
pursuant to Section 307 of the Clean Water Act (33 U. S.C. '1317), or (v)
Sections 3734.01 and Section 3_
751.01 of the Ohio Revised Codej a~ any
of the same may be amended or supplemented from t ime to time.
All materials 2ind substances listed in the Un ited States
(2)
Department of Transportation Table (49 CFR 172.101) or by the
Environmental Protection Agency as hazardous substances, as the same
may be cimended or supplemented from time to time;
(3)
.Any matedal or substance that is petroleum or a petroleum
derivativei asbestos, polychlorinated biphenyl, a flammable explosive, or a
radioactive materials; and
.
(4) Such other substances rnater"ials and wastes that are or

become regulated as hazardous or toxic under applicable local, state or
1
Federal law.
(h)
"Envi-ronmenta1 Laws" - shall hlean any federar, state or local law,

regulation, administrative ruling order, ordinance, and the like, pertaining
to the protection of the environment or the regulation, handling or disposal
of Hazardous Substances whether now in effect (such as, but not limited
.to those:referred to in the preceding definition for "Hazardous
Substances or which becomes effective in the future .
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. ll L COVENANTS
The following constitute the protective covenants and restrictions for the subject
.r--
property:
1.
Users must supply the Developer with consfructioh and landscape plans prior to
given if Developer fails to respond within thirty (30) days of receipt of such plans .
User shall also provide Developer with a copy of "as built'' documents for the
completed construction . Any future alterations shall be submitted for approval to
Developer in the same manner. No construction 1 installation I planting or future
alteration shall occur without full compliance with this provision .
'
.
No fence or other barriers snail obstruct pedestrian or vehioul.ar traffic over any
easement access ~nea or roadway adjacent to any Developer or User Tract.
2..
Should the local governmental t:{uthority create a lighting district, the User shall
be a participant and comply with aH regulations arid requirements provided
therefore.
4.
l)sers shafl be respo.nsible for the con?truction and installation of and the cost
arid expense of sidewalks on or adjacent to its User Tract. If a User rract is
located on 9 corner, User must extend the sidewalk along both abutting streets.
5.
User Tracts must include at least five (5) parking spaces per 1000 square feet of
Building area (all buildings) constructed on the User Tract.
6.
If a drive up window unit is construqted on a User Tract, 'it must provide for
stacking of not less than five (5) automobiles.
7,
The Developer and each

parking areas.
8.
No signage or decals on windows in any buildings on User Tracts are permitted

9.
All User Tracts must be maintained in a s.afe and sanitary condition in

accordance with ;311 good business practice for a first cfass development and ih
co.tnpliance with all applicable governmental regulations! ordinances and laws.
This shall include, without limitation: the maintenance of a pest free environment
utilizing such exterminatioh services necessary to insure it remains pest free;
containers which shall be properly maintained arid used in a :manner that
prevents refuse materials from escaping onto the User Trad .or :a djacent Tracts
or areas; the painting and staining of all exterior surfaces of Buildings as
necessary to eliminate a faded, chipped or peeling appearance; maintenance of
all trees and shrubbery so it appears trimmed and healthy and free of worn areas
or dead and decaying vegetation; and, in gE;;nerall free of any other unsightly or
offensive appearance that would detract from a first a first Class development
i 0.
No use shall be permitted on a User Tract which is inconsistent with the

operation of a first-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:
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(i)
User must maintain their respective commof1 areas and
Any use which .emits an obnoxious odor, noise, or sound which can
be heard or smelled outside of any Building. NotWithstanding the foregoing, this
re$triction is not meant to apply to normal cooking smells emanating from a
restaurant.
(ii)
Any operation primarily used as a storage warehouse operation and
:any assembling, manufaduring, distilling, refining; smelting1 agriculturaf, or
mining operation;
(if!)
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Any "sec6nd ..hand" store (excluding a bona fide antique store) or .
surplusl! store;
Any mobile home park, trailer court, labor campr. junkyard, or

stockyard (except that this provision shall' not prohibit the temporary use of
construction trailers during periods of constructioni reconstruction,
(IV)
or
. mainten. ~nce');
(v)
AtWdumpingi disposing, incinetation, or reduction of garbc;lge
,(exclusive of garbage compactors located near the rear of any Building);
(vi)
auction
Any.fire sal~, bankruptcy sale (unless pursua'r'rt to a court order) or

house operation;. .
(vii)
Any central laundry, dry deaning plant, or laundromat; providedi
however, this prohibition shall not be applicable to nomrnal supportive facilities
for on-site se'rVice oriented to pickup and delivery by the ultimate consumer as
the same may be found in retail shopping districts in the metropolitan an~a where
Any automobilel truck; trailer or recreational vehicles sales, leasi.ng,

dl~play 9r body shop repair operation;
(viii)
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(ix)
Any bowling lane or skating rink;
(x)
Any movie theater or li've performance theater;
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(xi)
Any residential use, including but not limited to: single family
dwellings townhouses, condominiums, other multi-family units and other forms of
living quarters, ~ncluding sleeping apartments;
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(xii)
Any veterinary hospital or animal raising facilities (13xcept that this
(xiii)
Any mortuary, f~nemf home or cemetery;
(xiv)
Any establishment selling or exhi: biting pornographic materials or
dn)g-related paraphernalia;
'
(xV)
'
Any bar, tavern, Restaurant or other establishment whqse

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 from the sale of alcoholic beverages for on premises
contained in Ohio Revised Code Section 4303.18-1 (I) Permit D-5(i). The Code
-S$ction requires that beer and _liquor sales do not exceed 25% of gross revenues
to optain and then retain qualification to keep a D-5 (i)" liquor license. In the event
that the Ohio Revised Code is amended or revised to allow for a higher portion of
gross revenues from alcoholic beverage sales for a D-5(i) liquor license the
.limitation of this Atiicle 111, item 10 subsection (xv) shall be automatically
Increased to such higher rate allowed by the amended or revised statute.
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(xvi)
Any health spa. fitness center or workout facility;

.
(xvii)
.. Any flea market, amuseri1erit or video arcade, pool or billiard hall:
car wash , or dance hall;
(xviii)
Ahy training or educatronal facility, incfuding but not limited to:
beauty schools, barber colleges, reading roomsl places of insfruction or other
provided however, this prohibition shall not be applicable to on-site employee
training by an Occupant incidental to the conduct of its business or education.al
Any gambling facility or operation, including but not Omited to~

(xix)
off-tract or sports betting parlor; table games such as black-jack or poker; slot
machines, video poker/black-jack/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
forrg as such governmental and/or charitable activities are incidental to the
.business operation being conducted by the Occupant;
Q'.'.)
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(xx)
Storage of recreationaf vehides, boats, campers, trailers and other
yehicles on a permanent basis on any portion of the property is prohibited. Work
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related vehicles may be permitted upon the express written consent of

Developer .. Permanent is defined as exceeding twenty-four (24) hours;
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(xxi)
Alf 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)
Developer
No fencing ls allowed without written approval of the owne(of the

Tract other than opaque fencing fa screen trash storage.
In addition to the foregding, the following uses shall not be permitted at any time
on the highway lots:
Any operation wh~ther ornot it seHs beerl wine or alcohol that

advertises it$elf qS a ''gentlemen's dubH, as an X rated facility) that caters to the
prurient interests of its patrons, that has male or female d~ncers that accept
tnoney or other gratuities for their dancing or any other activity, that includes
male or female employees that perform lewd, lascivious, licentious or
promiscuous acts for value, that provrdesany sort of entertainment that has men .
cir worn.en performing in various states of undress including but not limited to
"g-strings" or "g-strings ahd pasties" or "topless" or "topless-bottomlesslf shall be
prohibited.
(xxiii)
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In respect to the interior lots only the covenants referred to in this Provision as
sub-provisions xiii, xiv, xviii, xix and xxiii shal[ be applicable unless either part of the land
making up the interior lots is further subdivided. For purposes of this provision, the
parts making up the interior lots are that part taken from lot 7996 (lot 12 on the
Preliminary Plan for Troy Towne Park). If either is further subdivided, all of the
covenants above, (i) through xxiii, indusive, shall apply to the subdivided lots.
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User shall comply With alf applicable Env1ronrnenta! Laws. No User shall use,
permit the use of, manufacfure treat, store, or dispose of Hazardous Substance
on, a bout, under or in its Tract, or ahy portion of the surrounding real property
compllance with all Environmental Laws. Each User agrees to defend protect,
indemnify and hold harmless each other User and the Developer, as applicable,
from cmd against all claims or demands including any action or proceeding
brought thereon, and all costs, losses, expenses and liabilities of any kind
relating thereto, including but not limited to costs of investigation, remedial
response, and reasonable attorneys' fees and costs of suit arising out of or
resultihg from ariy Hazardous Substance used or permitted to be used by such
p9rty whether or not in the ordinary course of business.
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12.
No merchandise, equipmeh.t or $ervices including but not limited to vending

machines, promotional devises and similar items, shall be displayed offered for
sale or lease, or stored on a User Tract or within any building. Notv.vithstanding
the foregoing, nothing herein is intended to exclude the sale of merchandise
which is incidental to the primary use on the Property (such as promotionc;il shirts,
hats, clothing, toy vehicles, glftcertlficates, etc.) in connection with the operation
a restaurant.
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13.
The seasonal display arid safe of bedding plants on the sidewalk in front of any
Written authorization and shalt then be subject to City of Troy ordinances .
14.
.15.
User shall cause its employees! or the employfies of any occup.ants of'its Tract to
park their vehicles only oh its Tract and in desighated parking areas for employee
parking .
Any signage located
on any User Tract; whether for identification purposes or

otherwise, shall be subject to arid consistent with all applicable governmental
raws, ordinances, rules and regulations. No identification sign attached to the
exterior of a building on a User Tract shall be:
(i)
pfaced oh canopy roofs extending above the building roof placed Oh
penthouse walls! or placed so as to project above the parapet, canopy, or top of
the wall upon which it is mounted;
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Lf)
(ii)
placed at ahy angle to the Building; provided, however, the foregoing shall
hot apply to any sign located under a sidewalk canopy if such sign is at
least eight (8) feet above the sidewalk;
(iii)
painted on the surta.ce of any Building;
(fv)
flashing, moving or $Lidible;
(v)
emplo.y exposed raceways, exposed neon tubes, exposed ballast boxes

or exposed transformers; or
(vi)
paper or cardboard signsJ temporary signs (exdusive of contractor signs),

stickers ordecals; provided, however, the foregoing shall not prohibit the
pfacem~nt at the entrance of each Occupant's main building a small
sticker 01;. decal, indicating hours of business, emergency telephone
numbers, acceptance of credit cards, Security Protection Services and
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16.
Each User (as to its tr-act) shall maintain or cause to be maintained in full force
and effect Commercial General liability Insurance With a combined single limit of
liability of One Million ($1 ,0001000.00) Dollars for bodily injury, personal injury
:and property damage, arl$ing out of any one occurrence. The limits hereby
required shall be adjusted every five (5) years to reflect inflation as measured by
Users and Developer shall defend, prated, indemnify and hold harmless :each
other from arid against all claims or demands including any action or proceeding
. brought thereon, and all costs, losses, expenses and liability of any kind relating
thereto, including, but not limited to, reasonable attorney's fees and costs of suit,
~rising out of or resulting from the injury to or death of any person, or damage to
the properiy of any person located on the respective tract owned by each
ind~mnifying party; provided, however, the foregoing obligation shall not apply to
claims c:a used by the gross negligence or willful a.ct or omission of such other
.party, its licensees, concessionaires, agents, servants, or employees, or the
agents, servants, cir employees of any licensee or concessionaire thereof.
Effective upon the commencement of construction of any building on its :tract

and so long as such building exists, User shall carry, or cause to be carried,
property insurance With ''all-risk". coverage, in the amount of i 00% of full
replacement cost thereof (excluding footings, foundations or excavations) .. Upon
request by Developer, proof of the existence of such insurance shall be provided
to Developer.
17.
. 18 .
User shall keep its Tract free and clea r.of a11 construction debris on a regular
b.asis, sh$lll hot encroach on any surrou.nding Lots ahd shall hold Developer
harmless from any claims arising from construction activities on User's Tract.
User is responsible for all the olean up and removal of all mud and debris left
each Tract or tracked oi1to the streets oi' any damage to Developer
improvements by its employees, agents, invitees, contractors and
subcontractors.
on
User shall reave=all sanitary sewer manholes, storm sewer manholes. main water
sodding and seeding or installation of driveways.
f9.
User is responsible for securing ~nd paying for aH individual zoning permits,
sewer and water tap-in fees, building permits and other associated fees.
20.
All above ground equipment including, HVAC unhs, storage boxesr electric
transformersr gas meters shall be screehed by landscaping shrubs and plants at .
feast 3' in height at time of planting. Shrubs and other plants shall be maintained
: '!;)
and replaced as needed with similarly specified plants .
.,.n
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21 .
User shall be part ofany lighting dlstrld cre-ated by the City of Troy. Ea.ch User
shQ.11 be responsible for any and all assessments related to the User Tract
asses$8d :by the lighting district whether incurred prior to or after ownership.
22.
User (including Developer) shall 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
costs, signage and lighting costs and costs associated with the operationr
maintenancer repair and replacement of the drainage system including, without
limitation, piping and detention ponds . User shall pay the annual sum equal to
day of
, 200
. All such funds shall be
on the .
maintained in a separate account by Developer as Trustee for all Tract owners .
The Developer shall pay from such account the expenses or costs of such
operations maintenance, repairs and replacement as the Developer, in its
1
reason~ble judgment shall deem necessary. The Developer shall be entitled to

retain from the funds collected a. sum equal to the greaterof five (5%) percent of
the actw.i31 annual cost of operaHon 1 maintenance, repair or replacement or One
Thousand Five Hundred and 00/100 ($1,500.00) Dollars as an administrative fee
for the perform_a nce of its duties. Any party obligated by this Declaration 6r 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 paym.ents made from these funds.
If, at the time a payment is due and current costs and expenses are paid, the
. balance of the account is $30,000.00 or more, 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 balance of $30,000.00) shall resume
beginning with the next annual payment. The Developer shall have the right to
increase or decrease the annual payment to reflect actual costs rrovicied the
change occurs on a per acre basis. In addition, the Developer shall have the
right, 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 w ithin thirty (30) days of its due d;::ite, Hie Developer
may file an affidavit specifying the name of the owner of the Tract for which the
pqyment is due, a description of the Tract and the amount due and the same
$h~ll constitute a lien against such Tract from its date of filing until paid subject to
any prior liens .. In such event, any reasonabfe attorney's fees associated with
defense of such lien shail be added to the amount due and also constitute a lien
on such Tract.
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23.
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User (including Developer) shall employ a standard mail delivery box at the street
as long as there is rural mail delivery within the real estate subject to this .
Deelaration of Covenants and Restrictions. If the mailbox is a single unit, it shall
bE;_lmperlal Mailbox Systems Model 820K-6. If the mailbox is a twin unit, it shall
be Imperial Mailbox Systems Model T820K-6 . All mailboxes shall be black in
cOlor. If this manufacturer ceases business or the manufacturer of the above
models a substantially similar rnodel in black s'hall be used.
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24i
D<;3:Veloper and any User shall have the right to enforce these cdv:?nents and
restrictions. In the event any party defaults in its obligations, promises and duties
as contained herein, or breaches any of the terms and conditions as contained .
herein, the non defaulting/non-breaching party shall have the right to enforce said
covenants and restrictions by prosecuting any proceeding agc;linst the party or
restrictions. The parties expressly state that the non-defaulting party shalf have
any remedy in either law or equity availab.le to it, including the right to recover
damages and/or seek injunctive relief to enforce the provisions hereof.
Developer shafl have the right, ih addition to the remedies described above, td
enter upon any part of the User's Tract, at any reasonable time, upon not less
breach of
th$n 48 hours notice, to inspect the same for a possible violation
these covenants and restrictions. Where an inspectfo"n shows that a violation or
breach of these covenants and restrictions exists! Developer, or its authorized
agents, representatives and employees, shall have the right to abate and remove
any structure, thing or condition causing stJch 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.
or
The remedies specified Jn ~his paragraph are cumulative and do not preclude any
other remedy in law or in equity by any party adversely affected by any violation
or breach of these covenants and restrictions.
any proceeding forthe
enforcement of any of the provisions- of these

covenants and restrictions} or for the restraint of a violation of any such provision,
prevailing party in such amount as may be fixed by the Court in that proceeding.
Notwithstanding anything to the contrary 9ontained herein} or any other indemnity
provision contained herein, each party agrees to defend, protect 1 indemnify and
hold harmless each other from and against all 9laims or demands including any
action or proceeding brought thereon, and all costs, losses, expenses and liability
of any kind relating thereto, reasonabf e attorney's fees, professional fees and
terms and conditions hereof.
In
No delay or failure Ori the part of any aggrieved party to pursue any available
remedy with respect to a violation of any provisions hereof, shall be deemed to
be, a waiver by such party of, or the estoppel of that patiy to assert, any right
available
to such
party upon the recurrence
or continuation of such violatfr'.m or

as to place upon the Developer or any other aggrieved party 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
covem;lnts that run with the land and are to be deemed perpetually in full force
p!ld eff~ct. Unfess otherwise stated herein, such Covenants and Restrictions
now or hereafter having an interest in any part of the subject real property. In the
e vent that this provision of this Declaration shall violate the Rule Against
Perpetuities as ft 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
113.st child living at the death of Shayna Kolodesh.
26.
If any provisfon hereof is held to be invalld by ahy cburt of competent jurisdiction,

the invalidity of such provisions shall not affect the validity of any othe.r provision
contained herein. All such other provisions shall continue in fl.ill force and effect.
Developer expr~ssly reserves the right tb amend the provisions of this

Declaration in order to promole the devefopment of the real estate subjedto 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 shall include, without
limitation, the use to which a User Tract may be put. This right of amendment, however,
shall be subject to the following limitat1ons:
1.
It may not fmpose against any User Tract not owned by Developer
at the time a more restrictive provision than herein contained without the
consent of the owner of that User Tract;
2.
It may not subject any User Tract to a greater proport!ori of a

payment obligation than originally provided without the consent of the
owner of the User Tract; and
3.
It may not impbse a requirement on, eliminate a resfriction

contained herein, or provide any benefit for less than ?II Developers
and User Trad$ without the consent of the owners of all User Tracts.
V. DEVELOPER rRANSFt:R
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 all the rights
and powers herein provided for the Developer but shall be subject to the same duties
and responsibilities as Developer. This transfer shall be subject to the following
conditions:
1)
The transfer shall be made
by a written document executed
by Developer and its successor Which E;xpressly accepts all duties and
2)
The successor shall own at least oneuser Tract Which is
subject to this Declaration of Covenants and Restrictions;
3)
Trad;
4)
The Developer must have no further ownership of any User.
All funds collected from payments on all User Tracts

expended shall be paid to the successor; and
not then
5)
All records of expen.ses and work performed fulfilling its
duties and responsibilities as Developer shall be transfefred to the
succe.s,sor.
Upon -appointment of a successor by Developer, the subsequent ownersof the
lot owned by the appointed succ.ess9r shall acquire the same rights subject to the ,
conditions above stated. Jf a subsequent owner is not willing to .a<;;cept the responsibility
of the successor, one shall be selected by a majority vote of all of the owners of lots
then subject fo this Declaration with each lot having one vote for this purpose. A
meeting may be called by any .three (3) owners for purposes of a vote upon not less
than thirty (30) days written notice to afl other owners .
.
Upon transfer as set forth above, Developer shall have no further responsibility to
any owner Or User of a Tract except fn the event of fraud or illegal dealing.
IN WITNESS WHEREOF, Harson rnve$tments, Ltd. has affixed its signature by
its duly authorized general partner this ih day of April, 2004.
HARSON INVESTMENTS, LTD.
An Ohio Limited Pa1inership

By Dayton Co., General Partner
By
J3ziz?? t>v S. t%/c1d-0 ;c)

Shayna S . Kolodesh, President
STATE OF OHIO
)
) SS :
.
The foregoing instrument was acknowledged by HARSON INVESTMENTS ,

LTD. , an Ohio Limited Partnership, by Dayton Co., Its General Partner, Sy Shayna S.
Kolodesh . its President.
SingerlAmended Declaration-Troy- Last/ 02/17/0:.1 -1

PSE 237407
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February 25, 2015

A meeting of the Troy Planning Commission was held Wednesday, February 25, 2014, at 3:30 p.m. in the
second floor conference room, City Hall, with Chairman Alan Kappers presiding. Also present were members Mahan, Force, Johnson, McGarry, and Beamish; Planning Staff -
S Brandon and D Puckett; Development Director
Jim Dando.
The minutes of the February 11, 2015 meeting were approved.
HISTORIC DISTRICT APPLICATION, 24 NORTH MARKET STREET: WINDOW AND DOOR SIGN
INSTALLATION FOR COMFORT KEEPERS; OWNER JAMES & KIMBERLY YARDLAY; APPLICANT KRISTINA
BUTLER. The staff report advised that: zoning is B-3, Central Business District; property was constructed in 1824;
application is to install two signs on the storefront windows located on the North Market Street side, two signs on
the windows on the West Water Street side, and one sign on the glass of the entry door; colors are custom in nature
and will be Raspberry Red, Olympic Blue, Frosted Crystal and White, sign will be made of vinyl and will be adhered
to the inside of the glass in each location as shown in the site plan provided; applicant is allowed a total of 100
square feet of signage and total area for the five signs is less than allowed at 17 .16 square feet; and staff
recommends approval as sign colors and style can be found in the Historic District and meets the City of Troy Sign
Code allowance.
The written permission of the property owner was provided. The Commission viewed samples of the exact
colors to be used. Mr. Kappers asked if the current sign would be removed, and was advised that has already
occurred.
A motion was made by Mr. Force, seconded by Mrs. Johnson, to approve the sign application for 24 N.
Market Street as submitted, based on the vinyl material and exact colors of Raspberry Red, Olympic Blue, Frosted
Crystal and White as viewed, and based on the findings of staff that:
The proposed sign complies with the Sign Code, and
The proposed sign color and materials can be found within the Historic District.
Voting: Yes - Force, Kappers, McGarry, Beamish & Johnson.

Abstain - Mahan (to avoid the appearance of a conflict of interest, as Comfort Keepers is her employer).
No - None.
MOTION PASSED
HISTORIC DISTRICT APPLICATION, 9 NORTH MARKET STREET; PAINT AWNING AND INSTALL
NEW WALL SIGN FOR DISH; OWNER LUIS ARTURO FUENTES; APPLICANT IS LUIS DEL CID. The staff
report advised that: zoning is B-3, Central Business District; use will be for satellite television retailer; building was
constructed in 1853 and is on the National Register; wall sign would be installed above the existing awning; sign
will be made of alumacore and will be SW 6864 Cherry Tomato Red with White lettering; sign will be 24 square feet,
below the maximum of 30.3 square feet allowed; the awning will be repainted in SW 6864 Cherry Tomato, and staff
recommends approval based on proposed signage will not detract from the historic integrity of the building and
proposed colors are suitable with the surrounding character of the Historic District.
The applicant was present.
The written permission of the property owner was provided. The Commission viewed samples of the proposed
colors. It was commented that the business is relocated from the other side of North Market Street. Mr. Kappers
noted that many of the staff recommendations note that the proposed colors and style can be found in the Historic
District, and he believes that just about any color can be found in the Historic District, and that this statement is
subjective.
A motion was made by Mayor Beamish, seconded by Mr. McGarry, to approve the awning painting and sign
application for 9 N. Market Street as submitted, based on the sign constructed of alumacore with colors of SW 6864
Cherry Tomato Red with White lettering and the awning repainted SW 6864 Cherry Tomato Red and based on the
findings of staff that:
The proposed sign complies with the Sign Code, and
The proposed signage will not detract from the historic integrity of the building, and
Proposed colors are suitable with the surrounding character of the Historic District.
MOTION PASSED, UNANIMOUS VOTE
REZONING REQUEST - PT 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 KOLODESHl; APPLICANT - CHOICE ONE ENGINEERING (JEFF PUTHOFF).
A staff report is
attached to the original minutes, with the reporting that staff recommends the application be tabled until all required
information has been received and can be reviewed.
That report notes that the parcel is 14.577 acres, located on
the west side of Towne Park Drive, and is part of the Tax Increment Financing (TIF) District established in 2003.
The proposed use is to construct a senior living facility that would be over $20,000,000 in private property
improvements.
r-eoruary ::>, LU1 o
Page Two
Present for the applicant was Jeff Puthoff of Choice One Engineering.
Staff distributed a copy of the proposed covenants and a traffic study from a similar facility in Pittsfield
Township, Michigan. Mayor Beamish commented that he believes this usage shows great promise for the
community and the region, but he would like more time to study the information provided . Mr. Kappers agreed with
the Mayor's position and stated he would further want to hear from staff regarding their recommendation related to
the new information. Mr. McGarry commented that the Commission members need to be provided all details of the
PD before they make any decisions on it, such as if the buildings were stated to be of a brick exterior, then what is
to be provided is the exact details of that particular brick only.
It was noted that at the prior meeting members of the Commission had requested a traffic study be done
and provided to the Commission for the proposed Troy location.
Motion to Table. A motion was made by Mayor Beamish, seconded by Mr. Force, to table this application
to allow the Commission time to review the information submitted and for the applicant to provide any other details
that had been requested or needed to consider this request.
MOTION TO TABLE PASSED, UNANIMOUS VOTE
Mr. Puthoff commented that the developer is up against a time frame they would like to meet to start
construction, and asked what exactly the Commission was looking for. Mr. Kappers noted that this is a rezoning
request to a PD, and both staff and the Commission need to see a complete PD document and for this particular
location, and any clarification as to what has been requested or documentation required to be submitted with a PD
can be provided by staff. Mr. Kappers stated that tabling is not an intent to stall the Commission's process, but for
the Commission to receive the requested information and have adequate time to review that information prior to the
Commission making a recommendation to Council.
There being no further business, the meeting adjourned at 3:53 p.m.
Respectfully submitted,
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _Secretary
March 11, 2015

A meeting of the Troy Planning Commission was held Wednesday, March 11, 2014, at 3:30 p.m. in Council Chambers,
second floor, City Hall, with Chairman Alan Kappers presiding . Also present were members -
Mahan, Titterington, McGarry,
and Beamish ; Planning Staff - S Brandon and D Puckett; Planning Manager - T Davis.
The minutes of the February 25, 2015 meeting were
appr~ved.
HISTORIC DISTRICT APPLICATION. 125 S MARKET STREET: WALL SIGN INSTALLATION FOR MOSELY
STOVE STOP. OWNER-WADE WESTFALL APPLICANT- MARK MOSELY.
Staff report noted that: building is not on the
historic register, requested sign is 21 square feet (7'x3') and is below the allowable maximum of 22.5 square feet; colors for this
sign are computer generated and will be red, gray and white on a black background, and staff recommends approval based on :
The sign is appropriate in scale to the building with which it is associated ; and
The sign is appropriate in design to the architectural style or period of the building with which it is associated; and
The colors selected for the sign are compatible with the building with which it is associated; and
The sign is located so as to reasonably minimize adverse aesthetic effects on the architectural design of the building
with which it is associated.
Samples of the exact computer generated colors were provided to the Commission to view. The property owner
provided written consent to the placement of the sign. The applicant was present.
A motion was made by Mr. Titterington, seconded by Mr. McGarry, to approve the application the wall sign at 125 S.
Market Street as submitted , based on the exact colors viewed by the Commission, and based on the recommendation of staff
that:
The
The
The
The
with
sign is appropriate in scale to the building with which it is associated; and

sign is appropriate in design to the architectural style or period of the building with which it is associated; and
colors selected for the sign are compatible with the building with which it is associated; and
sign is located so as to reasonably minimize adverse aesthetic effects on the architectural design of the building
which it is associated.
HISTORIC DISTRICT APPLICATION. 11 NORTH MARKET STREET TEMPORARY BANNER FOR THE REC;
OWNER - TROY RECREATION ASSOCIATION. INC.; OWNER- JANET LARCK. The staff report advised that: the building
dates from the 1850s; the fai;;ade has been extensively altered over the years; the building is on the National Register; the
temporary banner would be placed on the wall adjacent to the entry door on the E. Water St. side of the building ; colors of the
banner are computer generated ; proposed banner is 20 square feet, below the maximum of 24 square feet allowed; and staff
recommends approval based on :
The sign is appropriate in scale to the building with which it is associated; and
with which it is associated .
Samples of the exact computer generated colors were provided to the Commission to view. The property owner
provided written consent to the placement of the sign. The applicant was present. In response to Mr. Kappers, it was stated that
staff will monitor the dates the banner is in place so the time allowed is not exceeded.
A motion was made by Mrs. Mahan, seconded by Mr. McGarry, to approve the temporary banner application for 11 N.
Market Street as s11ti
uea
submitted , based on the exact computer generated colors viewed by the Commission, and based on the findings of
staff that:
The sign is appropriate in scale to the building with which it is associated; and
with which it is associated.
REZONING REQUEST - PT 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
KOLODESHl; APPLICANT CHOICE ONE ENGINEERING (JEFF PUTHOFF).
Remove From Table:
A motion was made by Mr. Titterington to remove the rezoning request for part of IL 6047 from
the table for discussion purposes. Motion seconded by Mayor Beamish . Motion passed unanimous vote.
Present for the applicant were: Mark Murphy of Los Angeles, California and Jeff Puthoff of Choice One Engineering ,
Sidney, Ohio.
A staff report is attached to the original minutes. 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; and it is noted that some questions still remain to be addressed .
Exterior: Mr. Davis noted that the applicant submitted three different appearances for the proposed building and did not
know if the applicant intended for the Commission to make a choice. Mr. Murphy commented the choice will be by the developer
to the best appearance and to stay within a budget, he believes the selection will be the rendition at the top of the page (in
packet), which would be mainly vinyl, but with a specific design.
Traffic.
The applicant had submitted data based on ODOT traffic counts for neighboring roads , however, it was noted
that ODOT does not have jurisdiction over the roadway within the development (Towne Park Drive) or the access point of
Experiment Farm Road.
Towne Park Drive is private until it reaches the area of Outback Steak House and then becomes a public street to the
north. Mr. Kappers noted that owners on the private street portion might want it further restricted .
Mr. Davis noted that since May 2013, the Police Department has documented 39 crashes at the intersection and 10
additional crashes within 250' of the Skyline access .
Regarding the proposed zoning, Mr. Davis commented that OC-1 or OR-1 would work for this project but provides
limited uses; if rezoned to a PD and the applicant later pulls out, the PD zoning would give the City more control over a later use.
Mr. Titterington commented that this seems to be a positive development and improvement for the community and the
TIF area, but he continues to have concerns related to traffic:
Lack of understanding as to what additional traffic can do, whether on the public or private portion of the road,
This roadway configuration is a challenge with the openings to the roadway and the continuous curve that
now exists, and the less than ideal layout should not be made less ideal,
The current level of accidents,
Regardless of signage, drivers tread a 3-way stop like a 1-way,
A traffic impact study would not just address this facility, but traffic on the roadway in the aggregate, and
provide accurate counts (rather than an older ODOT count for another roadway), and
Part of a traffic impact study will identify if traffic to and from this development would be required to take a
specific route.
Mr. Kappers stated he was concerned with prior comments of the applicant related to delay, and commented:
The Commission is not here to delay the project, and he feels this is a good project, and the developer may
make some money,
The Commission is not standing in the way, but asked for specific items to do the job of the Commission,
including the traffic study, so that a recommendation can be forwarded to Council,
He asked for the restrictions and covenants and the Commission was given documents and told maybe they
would be "like this" .
Mayor Beamish commented that he feels the development has great promise, but he is concerned with accident
potential, and feels the traffic study will provide information to help keep the area safe regarding traffic.
Mr. Davis advised that the information regarding the restrictions and covenants was to put the TIF requirements within
the covenants.
Mr. McGarry commented that he sees the covenants and restrictions as between the buyer and original developer, and
the Commission needs to see any changes to those that may need City approval. He noted that these need to be part of the
application and documents so that it is clear that any changes must come back before the Commission and Council.
Mr. Kappers suggested that the developer be given a sample of such documents applicable to another PD to be
followed , which format has been acceptable to the Commission and Council. Mr. Kappers noted that this became textural
material on the PD so there could be confusion by either party as to what was subject to City approval.
Mr. Puthoff, regarding a traffic study commented :
The area is currently zoned for retail, and a retail use would create more than the 33-38 trips per day the developer
estimates related to this project,
The developer is not trying to avoid the study, but trying to expedite the project, and trying to understand the concerns
when the traffic created would be less than if the land was developed for a retail use as allowed by current zoning,
Employees could be asked to only use Experiment Farm Road for ingress and egress.
Does not really think anyone would see a difference in Experiment Farm Road traffic with the development.
Mr. Puthoff asked what is the area the City feels should be in the study, and Mr. Titterington suggested the area be Main to
Experiment Farm Road with both access points to the property, as an understanding of the possible impact on both ends of the
road may allow a particular conclusion .
He commented that while the result may not show an impact, the study is doing "due
diligence'', and if there is not a study, and the end result is not so good regarding traffic, no one will be happy that a study was
not done.
Mr. Murphy commented:
The Comprehensive Plan shows commercial use with two egress points that contemplated development,
This plan is far below what could be developed based on current zoning,
If this area was established contemplated for business, he is at a loss to understand why the burden is falling on the
developer to provide a study for a use with minimal impact on the area and a payroll equal any use allowed under- the
current zoning .
Mr. Titterington commented regarding the rationale against a traffic impact study:
The TIF is an area with variable uses, this project is later to the game and when there are later uses proposed, the City
reserves the right to require a study if the city thinks there could be an impact to an area to create or increase a traffic
pattern or concern for all drivers,
The logic of the developer seems to be that each development is a vacuum of itself and does not need to consider
anything else in the area.
While the study may show this development will not have a significant impact, each additional development on the
roadway must be considered with what is already there .
MOTION TO TABLE: A motion was made by Mr. McGarry, seconded by Mrs. Mahan, to. table the rezoning request for part
of IL 6047 until the applicant provides the covenants and restrictions information and the traffic impact study requested by the
Commiss
MOTION TO TABLE PASSED, UNANIMOUS VOTE
OTHER: As a matter of information only, Mr. Titterington advised that an annexation petition has been filed for two
parcels to the City of Troy from Staunton Township, for a total of 34 .469 acres, on behalf of Harold E. Trader, who is the owner
of 100% of the property proposed to be annexed. The parcels are located north of Troy-Urbana Road and east of DeWeese
Road, and are contiguous to the City of Troy by access from the smaller parcel on DeWeese Road . The expedited process
under which the annexation was filed has specific timelines for Council to follow.
There being no further business, the meeting adjourned at 4:10 p.m.
2:~hai~ac
ecretary
March 25, 2015

A meeting of the Troy Planning Commission was held Wednesday, March 25, 2014, at 3:30 p.m. in Council
Chambers, second floor, City Hall, with Chairman Alan Kappers presiding. Also present were members Titterington, Force, Johnson, McGarry, and Beamish; Planning Staff -
Mahan,
S Brandon and D Puckett; Planning
Manager - T Davis.
The minutes of the March 11, 2015 meeting were approved.
REZONING REQUEST - PT INLOT 6047 OF PARCEL 008-056329 ON TOWNE PARK DRIVE FROM B2. GENERAL BUSINESS DISTRICT , TO A PLANNED DEVELOPMENT; OWNER - HARSON INVESTMENTS.
LTD. (ALEX KOLODESHl; .APPLICANT - CHOICE ONE ENGINEERING (JEFF PUTHOFF).
Remove From Table:
A motion was made by Mr. Titterington to remove the rezoning request for part of
IL 6047 from the table. Motion seconded by Mayor Beamish. Motion passed unanimous vote.
Present for the applicant were: Alex Kolodesh, applicant; and Richard Oaks and Jason Oaks, traffic and
transportation engineers. A staff report is attached to the original minutes.
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.
Regarding the covenants and
restrict~ons,
Chairman Kappers commented:
with the covenants and
restrictions incorporated into the declaration of the owner, the City need not be a party to them; he feels the
construction materials should be more specifically defined with the percent of the stone or brick exterior defined in a
zoning ordinance .or attachment; he believes dumpsters and how they are screened and to be kept in a clean and
sanitary condition should be included in the zoning ordinance or attachment; there are references to the word
"minimal" and that needs to be defined wherever used and not be subject to interpretation later; there is no
definition of the material to be used around a detention pond (Mr. Davis said that would be a wrought iron fence and
that definition will be added); the reference
to amenities such as "beauty parlors" within the building needs to be
clarified by adding "to be used by the residents and their families, so that there is no possibility that those amenities
could be commercial establishments open
to use by the general public; how will outdoor amenities such as walking
trails or benches be assured (Mr. Davis commented they will be on the site plan and the site plan will be part of the
declarations and an attachment to the zoning ordinance); how will storm water be handled (Mr. Titterington
co.mmented that is a development requirement and all development has to comply with City codes); the City needs
af'! easement for access to any
~tormwater
facility with the owner required to keep the stormwater facility clean and
if t~e owner does not the City will clean it and bill the owner (Mr. Davis commented the easement requirement will
be added and the maintenance of stormwater facilities is covered by other codes by which the developer/owner
must comply); there be a statement that the property cannot be subdivide in the future (Mr. Davis stated this is
covered by the zoning code and any major change such as this must come back to the Planning Commission and
Council); the requirement for utilities to be underground be included (Mr. Davis commented that such is part of
current development standards that must be followed); there be a statement requiring the owner to maintain and
upkeep the sidewalk (Mr. Davis stated that is part of existing codes): that the parking area cannot be used for
vehicle storage for items such as RVs and campers (Mr. Davis stated that is part of existing codes): that items such
as solar panels, flag poles, swimming pools, TV dishes, antennas, clothes lines, etc. are prohibited; and that the site
plan with specific building and parking lot locations, as well as the updated restrictions and covenants be part of the
zoning ordinance.
Mayor Beamish commented that believes this would be a good project for Troy, he understands that the
covenants would be similar to that approved with other PDs, and with the traffic impact study, he feels comfortable
that the traffic impact would be minimal.
Mr. Titterington commented that he understands Mark Murphy (developer) had been agreeable to language
changes previously requested , and asked Mr. Davis if he thought Mr. Murphy would have concerns with any
changes noted at this meeting. Mr. Davis commented that he did not think so .
Regarding the traffic impact study, Richard Oaks, 1459 Jackson Road, Vandalia, Ohio, noted that the
Commission had received a copy of the traffic analysis report requested by the Commission, and that: they looked
at the public right-of-way east of Experiment Farm Road and the private part of the road ; did counts every 15
minutes over 24 hours to determine peak hours; used trip generation tables with land use to come up with the
projected number of vehicles that would be added to the current average number of cars; found that the maximum
average is estimated to be 7.5 vehicles per hour; and in traffic engineering matters that additional number is
nothing. Mr. Kappers asked if the analysis took into account the number of residents at the senior living facility that
might have vehicles and Mr. Oaks stated that all activities to and from the site for the proposed land use were
considered. Mr. Titterington asked, to confirm, if the analysis considered the private road area and the public road
area and the impact was the same, and Mr. Oaks replied" "yes."
Public Hearing:
A motion was made by Mr. Titterington, seconded by Mr. McGarry, that the Planning
Commission not hold a public hearing on the rezoning of part of IL 6047, noting that Council will hold a public
hearing.
MOTION PASSED, UNANIMOUS ROLL CALL VOTE

Mr. Kolodesh (Harson Investments, 2305 Far Hills Avenue, Oakwood, OH) discussed the exterior materials,
commenting that Mr. Murphy would like to use stone, but if the cost were prohibitive Mr. Murphy would then use
brick. Mr. Kolodesh commented that other buildings on the roadway use brick.
Mr. Titterington commented that
his opinion is the less siding the better. The Commission members indicated they would prefer the order as shown
on the three different exteriors of C (stone option revised), B (brick option), A (original stone option) on attachment
A, noting that the percent of stone or brick appear to be the same on each drawing for non-siding exterior.
The
Commission noted that prior to this rezoning going to Council, the developer needs to provide the percentage the
stone or brick material will be used on the exterior.
Recommendation: A motion was made by Mr. Titterington, seconded by Mayor Beamish, to recommend
to Troy City Council that Council approve the rezoning of part of lnlot 6047 of Parcel DOB-056329 on Towne Park
Drive from B-2, General Business District, to a Planned Development, with the condition that the restrictions and
covenants be revised pursuant to the discussion at this Commission meeting, most specifically to include the
covenants and restriction language provided by Mr. Kappers, and that the developer provides the final percentage
information related to the exterior material (stone or brick), based on the Attachment A drawings renditions for the
entry three story prototype that were part of the Commission's packet.
MOTION PASSED UNANIMOUS VOTE.
There being no further business, the meeting adjourned at 4:11 p.m .
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _Chairman
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _Secretary
CITY OF TROY, OHIO
ORDINANCE No.
o-11-201s
O:lyt11nl.c1:ul 812nk, Inc.
ORDINANCE CHANGING THE ZONING OF PART OF

INLOT 6047 CPARCEL NO. 008056329) IN THE CITY OF
TROY. OHIO FROM B-2. GENERAL BUSINESS
A
COMMERCIAL
PLANNED
DISTRICT.
TO
DEVELOPMENT
WHEREAS, a request for zoning change was presented to the Planning

Commission of the City of Troy, Ohio, to rezone part of lnlot 6047 (14.577 Acres),
Parcel 008-056329 in the City of Troy, and
WHEREAS, the Planning Commission of the City of Troy, Ohio, has reviewed
the plan as modified during the review process and has recommended approval of the
plan as modified, and
WHEREAS, at
l~ast
thirty days notice of the public hearing of said change has
been provided in a newspaper of general circulation,

NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Troy, Ohio
as follows:
SECTION I:
That the zoning of part of lnlot 6047, Parcel DOB-056329,
consisting of 14.577 acres, in the City of Troy, Ohio, and further described in Exhibit A,
attached hereto, be changed from of B-2, General Business District, to a Commercial
Planned Development (PD).
SECTION II:
That this Ordinance shall be effective at the earliest date allowed
bylaw:
Adopted: _ _ _ _ _ _ _ _ __
President of Council
Approved: _ _ _ _ _ _ _ _ __
Attest: _ _ _ _ _ _ _ _ _ __
Clerk of Council
Mayor
I
i
--- - ----~-------'--------------------
_j
.t; Xii H:H T
TO 0-11-2015

"Agreement") is entered into on this_ day of April, 2015, by and between the CITY OF
For the purpose of enhancing and protecting the value, attractiveness, and desirability
of the Property referred to herein, Owner hereby _declares that all of the real property described
herein shall be held, sold, conveyed and transferred subject to the easements, covenants,
conditions and restrictions contained herein, which shall constitute covenants running with the
land and shall be binding on all parties having any right, title, or interest in such Property.
RECITALS:
A.
B.
1. PURPOSE. It is the in~ent of these restrictive covenants to require that the Property be
areas, attractive high quality s1rnctures, proper and desirable uses and appropriate
applicable ordinances 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.
setback areas.
i.
n.
111.

driveways, area walks and off-street parking, providing, however, that no offstreet parking be allowed in any front yard setback. Parking shall not be permitted
within 10 feet on a right-of-way line on a dedicated street.
b.

c.

t.
11.
City Council.
d.
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 60% of 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 EntryStone Option Revised.
e.

primary structure and consistent with the design of the building. Such containers shall
be kept in a clean and sanitary condition.
f.
g.
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.
Notwithstanding the foregoing, Owner shall be permitted to install a wrought iron
fence around the detention pond in the event one is required. To the extent
permissible under the City of Troy ordinance 521.07, the fence placed to hide trash
storage shall be opaque.
t.
J.
restaurant, beauty salons and fitness center. Any and all retail uses of the Property
shall be confined to the interior of the building and used solely by the residents or
families of the residents of the Senior Living Facility.
agreement.
1. Design Layout. The design layout of the Property, including, but not limited to,
buildings, sidewalks, parking areas, carports, and other amenities and structures of the
Property shall follow the design layout of Exhibit C, which Exhibit C is incorporated
herein by reference thereto.
m. Sidewalks. It is the sole responsibility of the owner to maintain all sidewalks,
walking trails, driving lanes and parking areas on the Property to City standards.
n. Utilities. All utilities of the Property shall be located underground, including, but not
limited to, telephone lines, cable lines, electric lines, water lines, sewer lines, etc.
o. Solar Panels. No solar panels shall be permitted on the Property.
p. Antennas and Satellite Dishes. No exposed or exterior radio or television
transmission or receiving antennas, and no satellite dishes which exceed 24 inches in
diameter shall be erected, placed, or maintained on any part of the Property.
q. Swimming Pools. No outdoor swimming pools shall be permitted on the Property.
r. Flag Poles. No more than three (3) flag poles are permitted on the Property provided
that the top of the flag pole does not exceed the height of the principal structure.
s. Vehicles. No boat, boat trailer, house trailer, camper, recreational vehicle, tent, or
equipment or vehicle of a similar nature shall be parked or stored on the Property.
This does not apply to necessary service vehicles to a limited period as may be
necessary to service any part of the Property, provided that deliveries are made to the
rear of the property. No inoperable motor vehicle shall be parked on any part of the
Property. The repair of any motor vehicle on the Property is prohibited except for
emergency repairs, and then only to the extent necessary to enable movement thereof
to a proper repair facility.
t.
Signs. All signs shall conform to the City Sign Code requirements for signs as
defmed under the commercial zoning district. Exterior advertising of retail uses are
prohibited.
u. Clothes Lines. The use of exterior clothes lines shall not be permitted.
v. Covenants and Restrictions. The Property is required to adhere to the "Amended and
Restated Declaration of Covenants and Restrictions," created by HARSON
INVESTEMENT LTD., as recorded on April 9, 2004 at the Miami County, Ohio
Recorder Office, as included in Exhibit D.
written above.
CITY:
CITY
OF
TROY,
By:
Its:
OWNER:
UNIFIED
PROPERTY
By:
Its:
[Notarizations on Following Page]
GROUP,

STATE OF _ _ _ _ _ )
) SS.
COUNTY OF _ _ _ _ )
, as
of the CITY
OF TROY, a
_ _ _ _ _ _ _ ____,Notary Public
_ _ _ _ _ _ County, _ _ _ _ __
My commission expires: - - - - - Acting in
County
STATE OF _ _ _ _ _ )
) SS.
COUNTY OF _ _ _ _ )
On this _ _ day of Marc~ 2015, before me the subscriber, a Notary Public in and for said
, as
of the
_ _ _ _ _ _ _ _ _,Notary Public
_ _ _ _ _ _ County, _ _ _ _ __
County
Acting in
25800 Northwestern - Suite 1000
248-746-0700
EXHIBIT ''A''
Town 5, Range 6 East and also being a part of Inlot 6047 of the consecutive numbered lots
which marks the Northeast corner oflnlot 9433 of the Troy Towne Park Subdivision
(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
common lot line between Inlots 6047 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 61deg.07'04" West a distance of 580.80 feet to an iron pin found, corner to
Thence, with the lot line and said plat line, North 02 deg. 21'00" West a distance of752.92
feet, returning to the True Point of Beginning, containing 14.577 acres, more or less.
Experiment Farm Road as North 02 deg. 21'00" West per SV 12Plat107. Iron pins set are
Parcel No. D08-056329
EXHIBIT "B"
IL ENTRY - ORIGIN.AL STONE OPTION
IL ENTRY - SRIC.K OPTION
~JQiyPoint
-~
. ~
. : ~ ..:.1:-
THREE
...
.STORY
.
.
. PROTOTYPE
.
SENfOR LIVING FACITLITY
111--~~~c~T~Y:.__:O~F~T~
R~O~Y~.=Ml~A~Ml:!.:....::C~O=U=N~T~
V~.o=H~l=O~~--il
EXHIBIT
'D~
,"
EXHIBIT "D"
AMENDED AND .RESTATED
DECLARATION
OF COVENANTS AND
RESTRICTIONS
This instrument is executed this ih day of Aprill 2004 by Harson Investments,

Ltd., an .Ohio Limited Partnership, (the ubeveloper 11 )
.WHEREAS, Deyeloperl pursuant to its power fo aniend provided ln Article IV bf

th~ Declaration of Covenants and Restrictions dated June 6 2003 and fHed for record
.<;:;ounty, Ohio (the ' Decl~ration") amended that Declaration of Covenants and
Restrictions by the Amendment to Declaration of _Covenants and Restrictions dated
September 16, 2003 filed at Volume 07 42, Page 914 of the Records of the Recorder of
fyliami County, Ohio (the "Amendment''); and
1
V\1HEREASJ Oeveloper now wishes to both extend the operation of the

.Dedaration arid the Amendment by including additional real estate and amending
certain provisions in respect to the additional rea1 estate to be included; and
WHEREAS, Deyeloper wishes to restate the pri.or becratation and Amendment in
NOW, THEREFORE, Developer, for valuable consideration; hereby declares thaf
t.he following provisions, covenants and restrictions shall bind and run with the land
subjec.t hereto in perpetuity.
I. SUBJECT REAL ESTATE

~0
The real estate Which is the subject of the Decl9ration and AmendmeTJt is
described as follows:
Situate in thE? City of Troy, County of Miami and State of
Lots Numbered 9430, 9431, 9432, 9493 and
''original lots").
Ohio and being
:.r o
The real estate which is to be now included is described as fofl~ws:

See Exhibit "A"
(the .. highway lots
and
See Exhibit "B"
1
')
-(the "interior lots 0 ).
JI. DEFINITIONS
As us$d her~in, the following ternis shall be defined as follows:
'
(a)
"Developer'' - shaJI mean Harson lnyestnient$j Ltd. I its respective

successors and assigns or any party or entity to whom or which Harson
Investments, Ltd. expressly transfers it rights as Devefoper under this
Declaration upon the condition that such party or e_ntity expres~ly assumes
and agrees to perform the duties of Developer in which case Harson
Investments, Ltd . will be relieved of all r~sponsibility therefore;
(b)
"Developer Tract'' ~shall mean any lotl tract pa rceL real property, or
portion of the s~me, which is owned by Devel.aper and subject to these
restdctions;
(c)
''User'' - shall meg_n the person or ~ntity, other than Developer, .

taking fee simple title to.any lot, tract, parcel or real property, or any
portion hereof) which is subject to these restrictiorys, or any person.or
entity holding ahy other legal, equitable or other interest in the same,
Wbich shall include, but not be limited to any owner, buyer, 1andlord,
lessor. tenant, lessee. sub-tenant or sub-lessee, or occupant, and thefr
respectiv~ successors and assigns, but shall exclude any party holding
such an interest merely as security for the.performance of an obligation;
(d)
"User Trad'i,. shall mean any lot, tract, parcel, real property, or
portJon of the sanie, whether jn the original lots) the highway lots or the
.interior lots described. above, which is subject to a f~e interest, or
equit~ble interest of a User and.subject to these restrictions;
(e)
"Building'' - shall tnean any building, ~JUt building, garage, or any

other structure located in, on, or ~bout the reaf property subject to these
restrictions. built for the enclosure and/or storage of any person, animal,
chattel. equipment, inventory, or other movable property of any kind, and
"
. -.
"..!Y
......._,
Which is permanently affixed to the ground;
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(f)
~
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11
Common-- Area. Easements#' - shafl meanthe signage/landscape

ea~~m~nts retained by oeveloper on lots 9430, 9431 -an9 9432 (City of
Troy. Ohio) at the intersection of Tow.ne Park Drive and Experiment Farm
R6ad and the signage/landsdape easements to .be created by Developer
at the point where Towne Pa.rk Drive will intersect the south line of Lot
7996 as that lot is now constituted .
(g)
"Haz~rdous
Substance'' - shall Tl1ean:
(1) all materials and subst~nces defined as "haz~rdous

substances'\ "hazardous materials", "toxic substances", ~hazardous
waste'\ "toxic chemicals", "solid waste 11 , "infectious waste''1 o"r sfrnilar
terms, as defined in: (i) the Comprehensive Environmental Response,
Gqmpen$ation and Liability Act of 1980 (42 U.S.C. '9601 et seq.), as
amended by Superfund Arm~ndments and Reauthorization Act of 1986

{Pub. L. 99-499, 100 Stat. 1613 ), (ii) the Resource Conserv~tion and
Recovery Act of 1976 (42 U.S.C. '6901 et seq.), (iii) the Hazardous
Materials Transportation Act 49 U.S.C. 1801 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 307 of the Clean Water Act (33 U.S.C. 1317), or (v)
Sections 3734.01 and Section 3751.01 of the Ohio Revised Code, a~ any
of the same may be am.ended or supplemented from time to time.
1
(2)
A.II material s and substances listed in the United States
Department o'f Transportation Table (49 CFR 172.101) or by the
Environmental Protection Agency as hazard9us substances, as the same
may be amended or supplemente~ from time to time;
(3)
Any material or substance that is petroleum or a petroleum
d.~rivative, asbestos, polychlorinated bipheny1, a fiammable explosive, or
radioactive materials; and

Such other substances, materials and wastes that are or
~ecorne regulated as hazardous or toxTc under applicable local, state or
Fetjeral law.
(4)
(h)
"Envrron.mental Laws" - shail hlean any federal, state or focal law,

regulation, administrative ruling, :order, ordinance, and the like, pertaining
to the protection of the environment or the regulation, handling or disposal
of Hazardous Substances whether now in effect (such as, but not limited
.to, those :referred to in the preceding definition for 'Hazardous
Substances") or which becomes effective hi the future.
__,
11 1~ COVENANTS
L..:.....I
~
-:::.:
,:.::.__
The following constitute the protective covenants and restrictions for the subject
property: :
1.
l)sers must supply the Developer with constructioh and landscape plans prior to

given if Developer fails to respond within thirty (30) days of receipt of such plans.
11
User shaJI also provide Developer with a copy
as built" documents for the
completed construction. Any future alterations shall be submitted for approval to
Developer in the same manner. No construction, installation, planting or future
alteration shall occur without full compliance wlth this provision.
of
'
'
2.
No fence or other barriers ~hall obstruct pedestrian or y~hicular traffic over any
easement a~cess ~rea or r?adway adjacent to any Developer or User Tract.
3.
Should the local governmental athority create a lighting distdct, the User shall
be a participant and cornply with all regulations and requirements provided
therefore.
4.
l)sers shall .be responslbl.e for the con~truction an.d installation of and the cost
arid expense of sidewalks on or adjacent to its User 'T ract ff a User Tract is
located on a corner,>User must extend the sidewalk along both abutting streets .
5.
6.
User Tracts must include at least five (5) parking spaces per 1 ODO square feet of
Building area (all buildings) constructed on the User Tract.
If a drive up wi11dow unit rs constructed qn a User Tract,

-stacking of not less than five (5) automobiles.
It must provide for
7.
The Developer and each
User must maintain their respective comnion areas and
parking areas.
8.
No signage or decals on windows in any b.uildings on User Tracts are permftted

9.
AH
r-
10.
User Tracts
must be maintained in a safe and sanitary condition in

accordance with ~II good business practice for a first cfass development and lh
c9.mpliance with all applicable governmental regulations! ordinances and laws.
Thfs shall include, .without limitation: the maintenance of a pest free environment
utilizing such extet'minatioh services necessary to insure it reniaihs pest free;
containers Which shall be properly maintained and used in a :manner that
prevents refuse materials from escaping onto the User Trad .or qdjacent Tracts
or areas; the painting and staining of all exterior surfaces of Buildings as
necessary to eliminate a faded, chipped or peeling appearance; maintenance of
all trees and shrubbery so it appears trimmed ~n~ healthy and free of worn areas
or dead and decaying vegetation; and, in g$neraL free of any other unsightly or
offensive appearance that would oetract from a first a first Class development.
No use shall be permitted on a User Tnwt which is inconsistent with the

operation of a first-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 which ~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 apply to normal cooking smells emanating from a
restaurant.
(ii)
Any operation primarily used as a storage warehouse operalion -and
any assembling, manufacturing,- distiHing, refinfng~ smeltingJ agricultural, or
mining operation;
Any "second ..:hand" store (excluding a bona fide antique store) or
(HJ)
"surplus' store;
1
(iv)
Any mobile home park, traW~r court. labor camp,. jur}kyatd, or
stockyard (except that this provision shall not prohibit the temporary use of
c9nstrucUon trailers during periods of construction. reconstruction, or
.rJ1ainten. ~0ce );
(v)
Any dumptng, disposing, incinetation, or reduction of garb~ge
_(exclusive of garbage compactors located near the rear of any Building); .
(vi)
Any .fire sal$, bankruptcy sale (uriless pursrnint to a court. order) or
.auction house operation; .
.
Any central laundry, dry creanrng plant, or laundromat; provided 1

however, this prohibition shall not be applicable to nominal supportive facilities
for on-site seNice oriented to pickup and delivery by the ultimate consumer as
(Vii)
the same may be found in retail shopping districts in the metropolitan

(viii)
en
dr~play
ar~a
where
Any autombbile; truck, trailer or reCrt?ationaf vehtcles sales, !easing,

9r body shop repair operation;
(ix)
Any bowfin9 Jane or skating rink;
.{x)
Any movie theater or live performance theater;
co
__,
(xi)
Any residential use, including but not limited to: single family
dwellings, townhouses, condominiums, other multi-family units and other forms of
living quarters, including sleeping apartments;
(xii)
Arw veterinary hospltal or animal raising facilities (except that this
(xiii)
Any mortuary, f~.meral home or cemetery;
(xiv)
Any estabfishment selling or exhibiting pornographic materials or
dft)g-related paraphernalia;
(xv)
Any bar, tavern, Restaurant or other establishment whose
reasonably projected annual gross revenues from the sale of alcohoiic 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 from the sale of alcoholic beverages for on premises
contained in Ohio Revised Code Section 4303 .18-1 (I) Permit 0-S(i). The Code
S~ction requires that beer and liquor sales do not exceed 25% of gross revenues
to ob.tain and then retain qualification to keep a D-5 (i) liquor license. .In the event
thaf the Ohio Revised Code is amended or revised to allow for a higher portion of
gross revenues from alcoholic beverage sales for a 0-S(i) liquor license) the
.limitation of this Article Ill, item 1O,subsection (xv) shall be automatically
increased to such higher rate allowed by the amended or revised statute.
.
(xvi)
Any.health spa, fitness center or workout facility;

.
(xvii)
. Any flea market, am.userhent or Video arcade, pool or billiard ha{I,
car wash, or darice hall:
(xviii)
Any training or educational faciJity", including but not limited to:
b.eauty schools, barber colleges, reading rooms, places of ins'truction or other

provided however, this prohibition shall not be applicable to on-site employee
training by an Occupant incidental to the conduct of its business or education.al
s
:...:-1
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Any gambling facility or operation, including but not limited to=

(xix)
off-tract or sports betting parlor; table games such as plack-jack or poker; slot
machines, video poker/black-jack/keno machines or similar devices; or bin.go
. hall. Notwithstanding the foregoing. this prohibition shall not apply to
governmental sponsored gambling activities, or charitable gambling activities, so
fohg as such governmental and/or charitable activities are incidental to the
.business operation being conducted by the Occupant;
(XX)
Storage of recreational vehicles, boats, campers, frailers and other
vehides on a permanent basis, on any portion of the property is prohibited . Work

related vehicles may be permitted upon the express written consent of
Developer . .Permanent is defined as exceeding twenty-four (24) hours;
(xxi)
Alf roof equipm.ent arid vents shall not b.e visible from the front
elevation of Efny Building or from any side fronting a primary road; and
(xxii)
No fencing is allowed without written approval of the ownerof the
Developer Tract other than opaque fenci~g to screen trash storage .
Jn addition to the foregoing, the following uses shafl not be permitted at any.time
on the highway lots:
(xxiii)
Any operation wh~ther or not Jt set.ts beer! wine or alcohol that
advertises itself ~s a ''gentlemen's dub'\ as an X rated facility! that caters to the
prurient interests of its patrons, that has male or female d~ncers that accept
money or other gratuities for their dancing or ahy other activity. that includes
male or female employees that perform lewd, lascivious, licentious or
promiscuous acts for value, that .provides any sort of entertainment that has men
women performing in various states of undress including but net limited to
.
11
11
11
9-strings." or "g-strings ahd pasties" or topless" or "topless-bottomlesf shall be
or
prohibite~.
In respect to the interior lots, only the covenants referred to in this Provision as
sub-provisions xiii, xiv, xviii, xix and xxiii shall be applicable unless either part of the land
making up the interior lots is further subdivided. For purposes of this provision, the
parts making up the interior Jots are that part taken from lot 7996 (lot 12 on the
Preliminary Plan for Troy Towne Park). If either is further subdivided, all of the
covenants above, (i) through xxiii,inclusive, shall apply to' the subdivided lots.
.
11.
............
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~
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~
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-~ -
User shall comply with a.Ji applicabfe Environmental Laws. No User shall use,
permit the use of, manufacture, treat) store, or dispose of Hazardous Substance
on, about, under or in its Tract, or ahy portion of the surrounding real property
compliance with all Environmental Laws. Each User agrees to defend, protect,
indemnify and hold harmless each other User and the Developer, as applicable,
from and against all clalms or demands. including any action or proceeding
brought thereon, and all costs, losses, expenses and liabinties of any .kind
relating thereto, including but not limited to costs of investigation, remedial
resp~mse, and reasonable attorneys' fees and costs of suit arising out of or
H:!SUlting from any Hazardous Substance t..ised or permitted to be used by such
party whether or not in the ordinary course of business.
-<
c.:._
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12.
No merchandise, equipment or services, incluqing but not limited to vending

machines) promotional devises and similar items, shall be displayed, offered for
S?le or lease; or stored on a User Tract or within any building. Not't.'ithstanding
the foregoing, nothing herein is intended to exclude the sale of merchandise
which is incidental to the primary use on the Property (such as promotion<;1I shilts,
hats, clothing, toy vehicles, gift certificates, etc.) in connection with the operaticm
a restaurant.
13 .
The seasonal display arid sale of bedding plants on the sidewalk fn front of any
Written authorization and shall then be subject to City of Troy ordinances.
r0
=
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or
14.
User shall cause its employees, the employees of any occummts pf its Tract to
park their vehicles only on its Tract and in designated parking areas for employee
parking.
15.
Any signage located on any User Tract; whether for identifio.ation purposes or
otherwise, shall be subject to and consistent with all applicable governmental
raws, ordinances, rules and regulations. No identification sigh attached to the

exterior of a building on a User Tract shall be:
(i)
placed oh ca.n opy roofs extending above the buifding ro of, placed on
penthouse walls, or placed so as to project above the parapet, canopy, or top of
the walr upon which it is mounted;
(ii)
placed at any angle to the Building; provided, however, the foregoing shall
not apply to any sign lbcateq under a sidewalk canopy if such sign is at
feast eight (8) feet above the sidewalk;
(iii)
painted on the surfa.qe of any Building;
(fv)
flashing, moving or audihle;
(v)
employ exposed raceways, exposed neon tubes, expo"Sed ballast boxes_,

or exposed transformers; or
(vi)
paper or cardboard signs, temporary sfgns (exclusive of contractor signs) 1

stickers or"decals; provided, however, the foregoing shall not prohibit the
pr~cement at the entrance of each pccupant's main building a small
sticker or decal, indicating hours of business, emergency telephone
numbers, acceptance of credit cards, Security Protection Services and
. .tt
~
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16.
Each Wser (as to its tract) shall maintain or cause to be maintained in full force
and effect Commercial General Liability Insurance With a combine.d single iimit of
liability of One Million ($1,000,000.00) Dollars for bodily injury, personal injury
and prope_rty damage, ari.sing out of any one occurrence. The limits hereby
required shall be adjusted every five (5) years to reflect inflation as measured by
Users and Developer shall defend) protect, indemnify and hold harmless :each
other from arid against all claims or demands including any action or proceeding
brought thereon, and all costs, losses, expenses and liability of any kind relating
thereto, including, but not limited to, reasonable attorney's fees and costs of suit,
!;:irising out of or resulting from the injury to or death of any person, or damage to
the property of any person located on the respective tract owned by each
indemnifyin.g party; provided, howe'/er, the foregoing obligation shall not apply to
claims Qaused by the gross negligence or willful act or omission of such o.ther
party, its licensees, concessionaires, agents, servants, or employees, or the
a.gents, servants, cir emploS1ees of any licensee or concessionaire thereof.
Effective up-on the commencement of con$ti-uctkm of any building Oh its tract
and so long as swch building exists, User shall carry, or cause to be carried,
property- insurance with ''all-risk" coverage, in th~ amount of 100% of full
replacement cost thereof (excluding footings) foundations or excavations). Upon
such insurance shall be provided
request by Developer, proof of the existence
to. Developer.
of
17.
User shall keep its Tract free and clear of all cqnstruction debris on a regular
ba?is, shall not encroach on any surrounding Lots and shall hold Developer
harmless from any claims arising from construction activities on User s Tract.
l)ser is responsible for all the clean 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 employees, agents, invitees, contractors and
subcontractors.
18.
User shall feave, all sanitary sewer manholes, storm seW~r manholes, main water
sodding and seeding ot installation of driveways.
1;9,
User is responsible for securing ~md paying for aJJ individuaf zoning permits,
sewer and water tap-in fees, building permits and other associated fees.
20 .
All above fjround equipment including, HVAC unhs, storage boxes, electric
transformers, gas meters shall be screened by landscaping shrubs and plants at
feast 3' in height at time of planting. Shrubs and other plants shall be maintained
and replaced as needed with similarly specified plants.
21.
User shall be part of any lighting dlstdct created by th_

e City of Troy. Ea.ch User
sh~.U be responsible for any and all assessments related to the User Tract
asses$ed by the lighting district whether incurred prior to o_r ~fter ownership.
22.
User (including Developer) shall 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
costs, signage and lighting costs and costs associated with the operation,
maintenance, repair and replacement of the drainage system including, without
limitation, piping and detention ponds. User shall pay the annual sum equal to
on the
day of
. , 200_. All such funds shall be
maintained in a separate account by Developer as Trustee for all Tract owners.
The Developer shall pay from such account the expenses or costs of such
operations, maintenance, repairs and replacement as the Developer, in its
reason;;ibf-e judgme.nt shall deem necessary. The bevefdper shalt be entitled to

retain from the funds collected ~sum equal to the greater of five (5%) percent of
the .actual annuaf cost of operatfon, maintenance, repair or replacement or One
Thousand Five Hundred and 00/100 ($1 ,500.00) Dollars 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 sm due under this provision shall have the
right to inspect the records of the Developer, upon reasonable natice, in respect
to pam.ents made from these funtjs.
If, at the time a payment is due and current costs and expenses are paid, the
. balance of the account is $30,000.00 or more, no further payments shafl 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 balance of $30,000.00) shalJ resume
beginning with the next annual payment. The Developer shall have the right to
increase or decrease the annual payment to reflect actual costs provided the
change occurs on a per acre basis. In addition, the Developer shalJ have the
right, 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 d~te, tHe De\iefoper
may file an affidavit specifying the riame of the owner qf the Tract for which the
p~yment is due, a description of the Tract and the amount due and the same
shall constitute a lien against such Tract from its date of filing until paid subject to
any prior liens. In such event. any reasonable attorney 's fees associated with
defense of such lien shafl be added to th~ amount due and also constitute a lien
on such Tract.
23.
.co
241
User (including Developer) shall -employ a standard mail delivery box at the street
as long as there is rural mail delivery'wilhin the real estate subject to this.
D~Claration of Covenants and Restrictions. If the mailbox is a single unit, It $hall
be. Imperial Mailbox Systems Model 820K-6. If the mailbox is a twin Linit, it shall
be' Imperial Mailbox Systems Model T820K-6. All mailboxes shall be black in
color. ff this manufacturer ceases business or the manufacturer of the above
models, a substantially similar model in black shall be used.
b.eveloper and _
any User shall have the right to enfor~e .these cdv~n(;ln.ts and
restrictions. In the event any party defaults in its obligations, promises and duties
as contained herein, or breaches any of the terms and conditions
contained .
. ~erein, the non defaulting/non-breaching party shall h?ve the right to enforce said
covenants and restrictions by prosecuting any proceeding against the party or
restrictions. The parties expressly state that the non-defaulting party shall have
any remedy in either f aw or equity available to it, including the right to recover
da'mages and/or seek injunctive relief to enforce the provisions hereof.
as
Deveioper shall have the right, ih addition to the remedies des:Cribed above, to
enter upon any part of the User's Tract, a t any reasonable time, upon not less
th~n 48 hours notice, to inspect the same for a possible violation
breach of
th_ese covenants and restrictions. Where an inspectiOn shows that a violation or
breach 9f these covenants and restrictions exists, Devefoper, or its authorized
agents, representatives and employees, shall have the right to abate and remove
any structure, 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
User far trespass or any other claim resulting from such entry.
or
su.ch
The remedies specified in this paragraph are cumulative and do not preclude any
other remedy in law or in equity by any party adversely affected by any violation
or breach of these covenants and r~strictions.
of
of
In any proceeding for the enforcement of any

the provisions. these
covenants and restrictions) or for the restraint of a violation of any such provision,
prevailing p~rty in such amo-unt as may t;>e fixed by the Court in that proceeding.
Notwithstanding anything to the contrary contained herein, or any other i ndemnity
provision contained herein, each party agrees to pefend, protect, indemnify and
hold harmless each other from and against all :~!aims or demands including any
action or proceeding brought thereon, and all tostsl losses, expenses and liability
of any kind relating thereto, reasonable attorney's fees, professional fees and
t~rms and conditions hereof.
No delay or failure on the part of any aggrieved party to pursu.e any available
remedy with respect to a violation of any provisions hereof shan be de.eme.d to
be, a waiver by such party of, or the estoppel of that party to assert, any .rlgM
available to such party upon the recurrence
continuation of such violatfon or
as to place upon the Developer or any other aggrieved p:a rty any duty to take any
action to enforce the terms and conditions contained herein ..
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25.
The terms and conditions .oontained herein are lb be deemed restrictions and
covemints that run with the land and are to be deemed perpetually in full force
9nd eff~:'.~t. Unless otherwise stated herein, such Covenants and Restrictions
_now or hereafter having an interest i_n 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 o f Ohio, any interest which this
Q.e claration may create must vest within twenty-one years after the death of the
la.st child living at the death of Shayna Kolodesh.
26.
If any provisfon hereof is held to be invalid by ahy court of competent jurisdiction,

.the invalidity of such prov'fsions shall not affect the vaiidity of any othe.r provision
contained herein . All such other provisions shall continue hi furl force and effect.
Developer exp"r~ssly reserves the right tb am end the provisions of this

Declaration in order to promote the development of the real estate subject to th.is :
bedaration 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 shall include 1 without
limitation, the use to which a User Tract may be put. This right of amendment however,
shall be subject to the following limitations:
1
1.
It may not impose agairrst any User Tract notowned by Developer

at the time a more restrictive provision than herein contained w~thout the
consent of the owner of that User Trad;
2.
h may not subject any User Tract to a greater proportion of a

payment obligation than origim~Jly provided without .the cqn.seht of fhe
.owner of the User Tract; and
3.
It may not i mpos~ a rqirement on, eliminate a resfr'iCtion

~ontained herein, or provide an y benefit for less than ?II D evelopers
and User Tracts without the consent of the owners of all User Tracts.
V. 'DEVELOPER rRANSFER
The Developer may transfer all of its rights and duties under this i:)e.cfaration of
such successor shall have all the tights
and powers herein provided for the Developer but shall be subject to the same duties
Comments and Restrictions to a successor and
and responsibilities as Developer. This transfer shall be subject to the following

conditions:
1 )'
The transfer shall be made by a wdtten document ~xecuted
by Developer and its successor Which
~xpressly accepts all duties and
2)
The successor shall own at least one User Tract which
subject to this Declaration of Covenants and Restrictions;
3)
is
The Developer must have no further ownership of any User
Tract;
4)
All funds collected from payments on all User Tracts
expended shali be paid to the successor; and
not then
5)
duties
and
All records of expen.ses and work performed fulfilling its

responsibilities as Developer shalf be transferred to the
SUCC~$$0f.
Upon appointment of a successor by Developer, the subsequent owners of the

lot owned by the appointed success9r shall acquire the same rights subject tb the .
conditions above stated. If a subsequent owner is not willing to aQcept the responsibility
of the successor, one shall be selected by a majority vote of all of the owners of lots
then subject fa this Declaration with each lot having one vote for this purpose. A
meeting may be called by ~ny three (3) owners for purposes of a vote upon not less
than thirty (30) days written notice to all other owners.
Upon transfer as s~t forth above, Developer shall have no further responsibility to
any owner or User of a"_ Tract except i'n th~ event of fraud or illegal deaff ng.
IN WITNESS WHEREOF, Ha.rson fnvestments, Ltd. has affixed its signature.by
its duly authorized general partner this yth day of April, 2004.
HARSON f NVESTMENTS, LTI).
An Ohio Limited Partnership

By
By
Dayton Co., General Partner
~t/'?
tf'U
$. ~d-01c)
Shayna S. KoJodesh, President
STATE OF
OHIO
)
) SS :
The foregoing instrument was acknowledged by HARSON INVESTMENTS,

LTD., an Ohio Limited Partnership, by Dayton Co., Its General Partner, By Shayna S.
Kolodesh, its President.
SingeMrnended Declaration-Troy- LasV 02/17/04 -1

PSE 237407
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Council Committee Meetings (5/11 and 5/12/2015)

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

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MONDAY, May 11, 2015, 5:45 PM

(Heath [Chm.], Oda, Tremblay)

TUESDAY, May 12, 2015, 5:30 PM

Other Committees/items may be added.

RECREATION & PARKS

100 S. Market Street

Mrs. Baker, President of Cu

ODNR GRANT AGREEMENT, TREASURE ISLAND PARKING LOT

J. Rhoades, City Engineer

100 S. Market Street

Troy. Ohio 45373

Mrs. Baker, President of

BIDDING AUTHORIZATION - LIME SLAKER SYSTEM FOR THE WATER PLANT

100 S. Market Street, P. 0. Box 3003

Authorization to Bid and Award the Lime Slaker System

DIRECTOR OF PUBLIC SERVICE AND SAFETY

Community and Economic ~ment Committee

Rezoning of Part of IL 6047 on Towne Park Drive

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

The following information is attached as part of this transmittal:

AGENDA - TROY PLANNING COMMISSION

1. Minutes - March 11, 2015

Senior Living Facility

March 25, 2015

PROTECTIVE COVENANTS AND RESTRICTIONS AGREEMENT

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

From side property line 25 feet

Construction. Building constructions and designs should be such as to create a

Parking. Employee/Customer/Owner/Tenant parking will not be permitted on the

Waste and Refuse. All materials or refuse, combustible or non-combustible, should

[Signatures on Following Page]

[Notarizations on Following Page]

[Notarization Page to Agreement]

Senior Living Center

Senior Living Center

Troy Towne Drive

Report Prepared by:

Existing Traffic Count Data

Site Generated Traffic

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

Existing Traffic Count Data

Site Generated Traffic

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

Land Use: 252

ITE Category 252 Senior Adult Housing-Attached

ITE Category 254 Assisted Living

45/(45+46)*65%* 9.24 = 2.97 = 3 Veh/Hr

PM Peak Hour of Adjacent Street Traffic

96/(96+ 101)*44%*14.52 = 3.12 = 4 Veh/Hr

VEH ICLE HOSE COUNT

MOVEM ENT: IEB+WEf

24-HR RAW TOTAL :

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

VEHICLE l-IOSE COUNT

START DATE: 03.11912015

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

45/(45+46)65% 9.24 = 2.97 = 3 Veh/Hr

96/(96+ 101)44%14.52 = 3.12 = 4 Veh/Hr

. --- ~-~-- --~--:-=:.- ~ ~- -~-;~_:::.7~-:~-i-~=-~-- -- --=----