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TROY CITY COUNCIL

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

Wednesday, August 31, 2016, 6:00 PM

Community & Economic Development Committee

1.

Provide a recommendation to Council regarding the annexation application filed by First Troy
Corp. for 55.800 acres from Concord Township. The parcel is located on the east side of
Experiment Farm Road and north of Lytle Road. The annexation was filed under the Expedited
Type 2 procedure of the ORC . Committee consideration of:
A. Regarding consenting to the annexation,
B. Statement of municipal services that would be provided to an area proposed for annexation,
C. Statement regarding buffering of any incompatible uses that would be developed on the
newly annexed territory from existing uses on land remaining in the Township.

Other Committees/items may be added.

8-26-2016

Cc:

(Twiss [Chm.], Kendall, Schweser)

Mayor
Mr. Titterington
Mr. Kerber
Mr. Frigge
Department Heads
Chamber of Commerce
media

Patrick E. J. Titterington
Director of Public Service and Safety

Troy, Ohio 45373

www.troyohio.gov
phone: (937) 335-1 725
fax:
(937) 339-8601
patrick.titterington@troyohio .gov

MEMORANDUM
TO:

Mrs. Baker, President of Council

FROM:

Patrick E. J. Titterington

DATE:

August 24, 2016

SUBJECT:

FIRST TROY CORP. ANNEXATION

.[1-P

RECOMMENDATION:
That at the September 6, 2016, meeting of Council, emergency legislation be considered to meet the statutory
time line established for an annexation petition filed under the Expedited Type 2 procedure on behalf of First
Troy Corp. (Richard S. Messler, CEO) for the annexation of a 55.800 acre parcel, more or less, to the City of
Troy.
BACKGROUND:
On August 24, 2016, the agent for petitioner, First Troy Corp. filed an annexation petition with Miami County for
55.800 acres, more or less, from Concord Township. This parcel is located on the east side of Experiment Farm
Road and north of Lytle Road.
An Expedited Type 2 annexation petition has a very definite time line for Council to consider:
1. Twenty days from the date of filing with the County, the City is required to approve a statement of
what municipal services will be provided to the area proposed for annexation and a time frame for
providing those services.
2. Twenty days from the date of filing with the County, the City is required to approve legislation that
the City will require buffering of any incompatible uses developed on the newly annexed territory
from existing uses on land remaining in the Township.
3. Twenty-five days from the date of filing with the County, the City is to enact legislation consenting
to or objecting to the annexation. Failure to do so shall be considered consent by the City when
reviewing the annexation petition.
Based on the time line, Council will need to consider all three items at the September 6 meeting of Council.
Attached are the standard statements. City staff is recommending that the City enact consent legislation. To
meet the time frame requirements of the annexation law, emergency legislation is requested. If the Miami
County Commissioners approve the annexation, it will be returned to the City for final action .
RECOMMENDATION:
It would be appreciated if the legislative items associated with the First Troy Corp. Annexation could be assigned
to a Committee of Council.
encl.
cc:

Mayor Beamish

MUNICIPAL SERVICES

ANNEXATION OF:

55.800 ACRES, CONCORD TOWNSHIP

(FIRST TROY CORP. ANNEXATION)

PETITIONER:

FIRST TROY CORP.

Richard S. Messier, CEO
Mailing Address: 997 N. Market Street, Suite 4, Troy, OH 45373

AGENT FOR PETITIONER:

Robert M. Harrelson
Faust Harrelson, Fulker, McCarthy & Schlemmer, LLP
12 S. Cherry Street, Troy, OH 45373

The Ohio Revised Code requires that a municipal corporation shall adopt, by ordinance or
resolution, a statement indicating what services the municipal corporation will provide, and an
approximate date by which it will provide them, to the territory proposed for annexation, upon
annexation. Under the ORC Section that the First Troy Corp. Annexation was filed, the statement
of services must be approved by Council not later than 20 days after the annexation petition was
filed with the County.
Such statement is as follows:
That immediately upon the effective date of the annexation of the 55.800 acre, more or
less, territory, the City of Troy, Ohio will provide to the entire annexed territory such services
as are otherwise provided to incorporated areas under the Code of Ordinances of the City
of Troy, Ohio in accordance with applicable contemporary law, practice, custom,
regulation, rates and resources. The services of the City of Troy currently include, but are
not limited to: police, fire, emergency medical service, refuse collection, repair and
maintenance of publicly dedicated streets, access to existing municipal sewer and water
lines, municipal zoning, municipal parks, municipal recreation, and general municipal
government.

MUNICIPAL ZONI NG REQUIRING BUFFERING

ANNEXATION OF:

55.800 ACRES, CONCORD TOWNSHIP

(FIRST TROY CORP. ANNEXATION)

PETITIONER:

FIRST TROY CORP.

Richard S. Messier, CEO
Mailing Address: 997 N. Market Street, Suite 4, Troy, OH 45373

AGENT FOR PETITIONER:

Robert M. Harrelson
Faust, Harrelson, Fulker, McCarthy & Schlemmer, LLP
12 S. Cherry Street, Troy, OH 45373

The Ohio Revised Code requires that a municipal corporation shall adopt, by ordinance or
resolution, a statement indicating that the municipal corporation shall require buffering of any
incompatible uses developed on the newly annexed territory from existing uses on land
remaining in the township. Under the ORC Section that the First Troy Corp. Annexation was filed,
this statement must be approved by City Council not later than 20 days after the annexation
petition was filed with the County.
Such statement is as follows :
If the 55.880 acres known as the First Troy Corp. Annexation is annexed and becomes
subject to zoning by the City of Troy and that City of Troy zoning permits uses in the
annexed area that the City of Troy determines are clearly incompatible with the uses
permitted under current Miami County or Concord Township Zoning Regulations in the
adjacent land remaining within Concord Township from which the territory was annexed,
the Troy City Council will require, in the zoning ordinance permitting the incompatible
uses, the owner of the annexed territory to provide a buffer separating the use of the
annexed territory and the adjacent land remaining within the township. For the purposes
of this statement, "buffer" shall include open spaces, landscaping, fences, walls, and
other structured elements; streets and street rights-of-way; and bicycle and pedestrian
paths and sidewalks.

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City of Troy

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City Hall
100 South Market Street
Troy, Ohio 45373
www.troyohio.gov
Telephone: (937) 339-9601
Fax: (937) 339-9341

Date:

August 25, 2016

To:

Patrick Titterington, Director of Public Service & Safety

From: James Dando, Development Directo;:..~

Copy:

Sue Knight, Clerk of Council

{/

Re:

First Troy Corp. Annexation Petition

First Troy Corp. has petitioned the Miami County Commissioners to approve the annexation of a property
along Lytle Road in Concord Township.
Petition:
The petition was filed under the "Expedited Type 2" procedure. City Council will be asked within 20
days of the date of filing for three supporting ordinances: 1) Statement of Services,
2) Buffering Statement, 3) Consent. Later, if the petition is approved by the Miami County
Commissioners, City Council will be asked whether to accept the annexation by yet another ordinance.
This expedited process was most recently utilized for the Trader Annexation (along Deweese and TroyUrbana Roads) in 2015. See City ofTroy resolutions R-12-2015, R-13-2015, and R-14-2015, and
Ordinance# 0-21-15. (Note: The more recent Chaney Annexation along Peters Road utilized a different
petition procedure ofthe Ohio Revised Code.)
Current and future uses:
First Troy Corp. is a housing developer, builder, and management company with multiple properties in
Troy and other nearby cities. At this time no development plans have been discussed, although the
StoryPoint senior housing project reportedly had considered the First Troy site for its project now being
constructed along Troy Towne Drive. Currently, the Annexation parcel is being used for crops, but also
has three advertising billboards visible to motorists on 1-75.
Relationship to the Comprehensive Plan:
The 1989 Troy Comprehensive Plan Update found the area suitable for residential development and
recommended a low density" ... because it is set back from the interstate highway and there is little
likelihood for a direct access to County Road 25A in the foreseeable future." The 1998 Miami County
Comprehensive Plan likewise recommended this area's future development as "Urban Residential", also
citing its setback from the interstate highway. The 2005 City of Troy Comprehensive Plan Update
instead suggested the general vicinity could be developed for additional office/institutional uses related to
the Miami County government complex along County Road 25-A, especially if an additional 1-75 exit
ramp system eventually replaces the Eldean Road overpass. The Miami County Comprehensive Plan
2006 Update similarly said "Exposure and access to the interstate, coupled with the large expense of
constructing sound barriers, would suggest that residential development is not a preferred land use pattern
along the north portion ofl-75 between Troy and Piqua. However, a later 2009 feasibility study by the
Poggemeyer Group determined a new Eldean Road/1-75 interchange would not meet the Federal Highway
Administration's minimum three-miles exit spacing standard for this rural area. The lack of that potential

I-75 access makes this area less suitable for the commercial, office, and institutional uses previously
envisioned.
Zoning:
The existing Miami County Zoning for the annexation area is A-2. Troy Zoning to the south, across Lytle
Road, is R-5 Single-Family Residential. The existing uses in Troy are the Mid-County Church of Christ
(1581 North Dorset Road) and the Brook Park North residential subdivision, which was completed in the
1990s.
Storm drainage:
The Eldean Tributary immediately north ofthe annexation parcel drains to the east, then under the
railroad spur and past the south side line of the Miami County Engineer's Office to the Great Miami
River. The 2011 Miami County Flood Insurance Rate Maps show a narrow Special Flood Hazard Area
associated with the Eldean Tributary.
Streets:
The annexation parcel is bounded on the entire length of its west and south sides by Lytle Road (Concord
Township Road T-130). The south half of the east-west segment of Lytle Road already is inside the city
limits (and carries the North Dorset Road name). Maintenance of Lytle Road already is shared between
the City of Troy and Concord Township.
Schools:
The annexation area is in the Troy City School District. School revenue will not be impacted in any way
by annexation, as the property already is subject to the school district's property taxes.
Impact on other citv services:
The Troy Fire Department already serves the annexation area by contract with Concord Township. The
Troy Police Department currently has no jurisdiction over the annexation parcel, but does have some
jurisdiction in the general vicinity. Trash collection will not be impacted, as there are no residences in the
annexation area. No public sewer and water mains are in the annexation area. Troy public water and
sanitary sewer mains are located about 700 feet south of the annexation parcel, terminating at the north
property line of 1324 North Dorset Road.
Staff recommendation:
The good of the City of Troy would be served by having the First Troy Corp. annexation area brought
under its jurisdiction. The future availability of municipal services will allow for eventual development
of the area in a planned manner, without private water and sanitary sewage systems.

ANNEXATION TO THE CITY OF TROY

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MIAMI COUNTY RECORDER'S RECORD OF PLATS

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THE ANNEXAllON OF THIS AREA WAS APPROVED
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LANO SURVEY 2'2, PAGE 180

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LAND SURIIEY 25, PAGE 62

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MIAMI COUNTY COMMISSIONER

MIAMI COUNTY COMMISSIONER

CITY OF TROY

~ EXISTING CORP, LH.-11TS

THIS ANNEXAllON WAS ACCEPTED ANO APPROVED

BY THE COUNCIL OF lHE CITY OF TROY lHIS _ _ OA Y
OF

'20____. BY ORDINANCE NO. - - - --

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BEING THE ANNEXATION OF 55,800 ACRES OF
LAND TO THE CITY OF 'TROY, OHIO ANO BEING

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OWNED BY FIRST TROY CORP. AS DESCRIBED

PRE"SIOENT OF C00t-ic1L

IN OFFICIAL RECORD 1. PAGE 3H.

DB 5JJ-

I HEREBY CERTIF"f THAT ALL DIMENSIONS

ARE BASED ON FIELD MEASUREMENTS,
OEEOS AND SURVEYS OF RECORD.

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DATE:

11-03-2015
DRAWN BY:

WOG
JOB NUMBER:

MIACON1503

WESLEY D. GOUBEAUX, P.S. #8254

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