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TROY CITY COUNCIL
COMMITTEE MEETING NOTICE
COUNCIL CHAMBERS, CITY HALL
100 S. MARKET STREET, TROY, OHIO
Revised to add Committee Meetings prior to and following Committee of the Whole
WEDNESDAY. JULY 9, 2014
5:30PM:
Safety & Health Committee (Oda [Chm.], Clark, Heath)
1. Provide a recommendation to Council regarding amending Ordinance sections related to
concealed carry. Consideration of emergency legislation is requested.
6:00PM:
COUNCIL AS A COMMITTEE OF THE WHOLE (Chaired by Council President Baker)
1. Review and discussion of the Riverfront Development Project; provide a recommendation
regarding proceeding with the project.
FOLLOWING COMMITTEE OF THE WHOLE:
Community & Economic Development Committee (Twiss [Chm.], Kendall, Schweser)
1. Provide a recommendation to Council regarding authorizing Ordinance No. 0-20-2014, rezoning
of OL 43 (612 S. Market Street) from R-5, Single-Family Residential District, to OR-1, Office
Residential District.
7-8-2014
cc: Council
Mayor
Mr. Titterington
Mr. Livingston
Mr. Stickel
Department Heads
Chamber of Commerce
Government Class
Board of Education
Media
SAFETY & HEALTH
COMMITTEE
<:felc&raiion-
~ i
TO:
FROM:
DATE:
MEMORANDUM
Mrs. Baker, President of ~ i l
Patrick E. J. Titterington Y ~
July 8, 2014
Patrick E. J. Titterington
Troy, Ohio 45373
www.troyohio.gov
phone: {937) 335-1725
fax: {937) 339-8601
patrick. titterington @troyohio .gov
SUBJECT: ORDINANCE AMENDMENTS RELATED TO CONCEALED CARRY
RECOMMENDATION:
That Council amend Ordinance sections related to concealed carry.
BACKGROUND:
Attached is a communication from the Director of Law recommending amendments to Ordinance Sections 933.17,
935.11 and 1151 .12(5), to parallel the Ohio Revised Code related to carrying firearms in public open areas and
restrooms, shelters and rest areas in the parks and playgrounds and in the cemeteries.
As indicated by Mr. Livingston, we would request that the legislation be presented as an emergency measure.
REQUESTED ACTION:
It would be appreciated if you would assign to a Committee of Council considering amending Ordinances as
recommended by the Director of Law, with consideration of emergency legislation.
Encl.

Qb\0 City of Troy

Grant D. Kerber, First Assistant
. _.. ,. __ Lenee M. Brosh, Chief Prosecutor
.......
Andrew H. Johnston, Prosecutor
To: Patrick Titterington, Service and Safety Director
From: Jim Livingston, Law Director
Date: July 8, 2014
Re: need to amend firearm ordinances
James R. Livingston
I -
215 West Water Street
P.O. Box 310
Troy, Ohio 45373
www.troyohio.gov
phone: 937-335-7327
jim .livingston @troyohio .gov
The Ohio legislature has adopted state statutes [ORC 9.68, 2923.126(B)(9),
2923.1212(A)((9)], complementing its concealed carry laws, that a municipality may
exclude firearms on city property only from municipal buildings that are not used
primarily as a "shelter, restroom, parking facility for motor vehicles, or rest facility", and
only then if it has posted signs on the building giving notice of that prohibition against
carrying firearms therein.
The Ohio Supreme Court [ Citizens for Concealed Carry v. Clyde, 120 Ohio St 3d
96 (Ohio 2008)] has held that a city may not, under authority of its "home rule powers",
adopt an ordinance to preclude firearms from municipal property except as permitted by
the Ohio revised code. It further held that municipal ordinances that conflict with those
ORC statutes that purport to preclude possession of firearms from city parks are
unconstitutional as conflicting with the general law of Ohio.
The open areas of the park, playgrounds and other such areas of municipal
facilities are not buildings, and thus under Ohio law, we cannot bar firearms from such
areas, just like we cannot bar firearms from restrooms, shelters and rest areas, which
although they may be buildings, are areas in which the Revised Code permits firearms.
We can however, prohibit a person from discharging firearms in all of those areas.
Additionally, ORC 9.68(B) provides for the award of costs and attorney fees to
anyone who successfully challenges an ordinance limiting the right to carry firearms that
conflicts with the state law.
Troy has on its books ordinances that limit firearms in the parks and playgrounds
controlled and the responsibility of the Board of Park Commissioners and in our
cemeteries. We have not been enforcing those ordinances since the Supreme Court
decision in Citizens for Concealed Carry v. Clyde and no one has been charged with
carrying a firearm in those places since then. In addition we have taken down all notices
that were not authorized by the ORC. However despite those actions since the
Supreme Court case, we have been requested (under threat of suit if we do not comply)
by a citizen to revise our ordinances and to put up the proper signs in the parks and
playgrounds controlled and the responsibility of the Board of Park Commissioners and
in our cemeteries to comply with Ohio's "gun friendly laws" under the Ohio Revised
Code.
In particular he has complained that Codified Ordinances 933.17, 935.11 and
1151.12(5), although not being enforced, are nevertheless in conflict with Ohio law. I
agree that we should amend those ordinances to remove the prohibitions from carrying
firearms from those open areas and restrooms, shelters and rest areas in the parks and
playgrounds controlled and the responsibility of the Board of Park Commissioners and
in our cemeteries. I would not repeal the ordinances altogether, but just remove
reference to firearms being prohibited.
The revised code provides the language for the statutory notice signs for all
municipal buildings except "restrooms, shelters and rest areas" and once the
ordinances are amended, then you as Service and Safety Director can post the signs
with the language to give notice as to what is prohibited in the areas covered by the
amended ordinances, without further Council action.
I have attached copies of the Ohio Revised Code 9.68, 2923.126(B)(9),
2923.1212(A)((9), and 933.17, 935.11 and 1151.12(5),of the codified ordinances and
my suggested language for them after amendment.
Because of citizen's threatened lawsuit, I would recommend that if approved by
the appropriate committee, the amending ordinance be an emergency ordinance.
ORC 9.68 Right to bear arms- challenge to law.
(A) The individual right to keep and bear arms, being a fundamental individual right that
predates the United States Constitution and Ohio Constitution, and being a constitutionally
protected right in every part of Ohio, the general assembly finds the need to provide uniform
laws throughout the state regulating the ownership, possession, purchase, other acquisition,
transport, storage, carrying, sale, or other transfer of firearms, their components, and their
ammunition. Except as specifically provided by the United States Constitution, Ohio
Constitution, state law, or federal law, a person, without further license, permission, restriction,
delay, or process, may own, possess, purchase, sell, transfer, transport, store, or kee any
firearm, 2art of a firearm, its comnonents, and its ammunition.
(B) In addition to any other relief provided, the court shall award costs and reasonable attorney
fees to any person, group, or entity that prevails in a challenge to an ordinance, rule, or
regulation as being in conflict with this section.
(C) As used in this section:
(1) The :QOssession, trans orting, or carrying of firearms, their components, or their ammunition
include, but are not limited to, the possession, transporting, or carrying, o enly or concealed on a
P.erson's erson or concealed ready at hand, of firearms, their components, or their ammunition.
(2) "Firearm" has the same meaning as in section 2923.11 of the Revised Code.
ORC 2923.1212 Signage prohibiting concealed handguns.
(A) he following persons, boards, and entities, or designees, shall post in the following
locations a sign that contains a statement in substantially the following form: "Unless otherwise
authorized by law, pursuant to the Ohio Revised Code, no person shall knowingly possess, have
under the person's control, convey, or attempt to convey a deadly weapon or dangerous ordnance
onto these premises. ":
(1) The director of public safety or the person or board charged with the erection, maintenance,
or repair of police stations, municipal jails, and the municipal courthouse and courtrooms in a
conspicuous location at all police stations, municipal jails, and municipal courthouses and
courtrooms;
(2) The sheriff or sheriff's designee who has charge of the sheriffs office in a conspicuous
location in that office;
(3) The superintendent of the state highway patrol or the superintendent's designee in a
conspicuous location at all state highway patrol stations;
( 4) Each sheriff, chief of police, or person in charge of every county, multicounty, municipal,
municipal-county, or multicounty-municipal jail or workhouse, community-based correctional
facility, halfway house, alternative residential facility, or other local or state correctional
institution or detention facility within the state, or that person's designee, in a conspicuous
location at that facility under that person's charge;
( 5) The board of trustees of a regional airport authority, chief administrative officer of an airport
facility, or other person in charge of an airport facility in a conspicuous location at each airport
facility under that person's control;
( 6) The officer or officer's designee who has charge of a courthouse or the building or structure
in which a courtroom is located in a conspicuous location in that building or structure;
(7) The superintendent of the bureau of criminal identification and investigation or the
superintendent's designee in a conspicuous location in all premises controlled by that bureau;
(8) The owner, administrator, or operator of a child day-care center, a type A family day-care
home, or a type B family day-care home;
(9) The officer of this state or of a political subdivision of this state, or the officer's designee,
who has charge of a building that is a government facility of this state or the political subdivision
of this state, as defined in section 2923.126 of the Revised Code, and that is not a building that is
used as a shelter, restroom, arking facility for motor vehicles, or rest facility and is
not a courthouse or other building or structure in which a courtroom is located that is subject to
division (B)(3) of that section.
ORC 2923.126 (B) A valid concealed handgun license does not authorize the licensee to carry
a concealed handgun in any manner prohibited under division (B) of section 2923.12 of the
Revised Code or in any manner prohibited under section 2923.16 of the Revised Code. A valid
license does not authorize the licensee to carry a concealed handgun into any of the following
laces:
(1) A police station, sheriffs office, or state highway patrol station, premises controlled by the
bureau of criminal identification and investigation, a state correctional institution, jail,
workhouse, or other detention facility, an airport passenger terminal, or an institution that is
maintained, operated, managed, and governed pursuant to division (A) of section 5119.14 of the
Revised Code or division (A)(l) of section 5123.03 of the Revised Code;
(2) A school safety zone if the licensee's carrying the concealed handgun is in violation of
section 2923.122 of the Revised Code;
(3) A courthouse or another building or structure in which a courtroom is located, in violation of
section 2923.123 of the Revised Code;
(4) Any premises or open air arena for which aD permit has been issued under Chapter 4303. of
the Revised Code if the licensee's carrying the concealed handgun is in violation of section
2923.121 of the Revised Code;
(5) Any premises owned or leased by any public or private college, university, or other
institution of higher education, unless the handgun is in a locked motor vehicle or the licensee is
in the immediate process of placing the handgun in a locked motor vehicle;
(6) Any church, synagogue, mosque, or other place of worship, unless the church, synagogue,
mosque, or other place of worship posts or permits otherwise;
(7) A child day-care center, a type A family day-care home, or a type B family day-care home,
except that this division does not prohibit a licensee who resides in a type A family day-care
home or a type B family day-care home from carrying a concealed handgun at any time in any
part of the home that is not dedicated or used for day-care purposes, or from carrying a concealed
handgun in a part of the home that is dedicated or used for day-care purposes at any time during
which no children, other than children of that licensee, are in the home;
(8) An aircraft that is in, or intended for operation in, foreign air transportation, interstate air
transportation, intrastate air transportation, or the transportation of mail by aircraft;
of this state or a political subdivision of this state
and that is not a building that is as a shelter, restroom arking facility for motor
vehicles, or rest facility and is not a courthouse or other building or structure in which a
courtroom is located that is subject to division (B)(3) of this section;
Here are the Troy ordinances in question :
933.17 FIREARMS.
No person except police officers or other law enforcement officers shall carry firearms of
any descri tion or an air rifle, bow and arrow, sling shot or missile throwing device within
the park or any playground or discharge any firearm, fireworks or explosive substances or air
rifle.
935.11 GENERAL REGULATIONS.
(a) No person shall discharge any firearm or have :QOssession of any firearm within the
cemetery grounds, except in case of military funerals and on Memorial Day, without the
written permission of the Superintendent of Cemeteries.
1151.12 SNOWMOBILE, OFF-ROAD MOTORCYCLE, AND ALL PURPOSE
VEHICLES (ATV /FOUR-WHEELER).
(a) The applicable provisions of this traffic code shall be applied to the operation of
snowmobiles, off-road motorcycles, and all-purpose vehicles, except that no snowmobile,
off-road motorcycle, or all- purpose vehicle shall be operated as follows:
( 5) While transporting any firearm, bow or other im lement for hunting that is
not unloaded and securely encased.
_- -=:- -- :::- - - - "' -- - - ' "" -. ~ - - - - -- ~ - - -- - - - - - r - r -- / ,- -
~ - - -- - ~
933.17 WEAPONS.
No person except police officers or other law enforcement officers shall carry an air rifle,
bow and arrow, sling shot or missile throwing device or discharge any firearm, fireworks or
explosive substances or air rifle within the parks, playgrounds and other areas within the
control and responsibility of the Board of Park Commissioners
935.11 GENERAL REGULATIONS.
(a) No person shall discharge any firearm within the cemetery grounds, except in case
of military funerals and on Memorial Day, without the written permission of the
Superintendent of Cemeteries.
1151.12 SNOWMOBILE, OFF-ROAD MOTORCYCLE, AND ALL PURPOSE
VEHICLES (ATV /FOUR-WHEELER).
(a) The applicable provisions of this traffic code shall be applied to the operation of
snowmobiles, off-road motorcycles, and all-purpose vehicles, except that no snowmobile,
off-road motorcycle, or all- purpose vehicle shall be operated as follows:
COMMUNITY&
ECONOMIC DEVELOPMENT
COMMITTEE
1st rd
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2nd rd CITY OF TROY, OHIO
ORD!Nfi1NCE o-20-2014
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ORDINANCE CHANGING THE ZONING OF PART OF
OUTLOT 43 (PARCEL NO. 008-090640) IN THE CITY OF
TROY, OHIO FROM R-5, SINGLE-FAMILY RESIDENTIAL
DISTRICT TO OR-1, OFFICE RESIDENTIAL DISTRICT
WHEREAS, a request for zoning change was presented to the Planning
Commission of the City of Troy, Ohio, to rezone part of Outlot 43 (Parcel No. 008-
090640) in the City of Troy, and
WHEREAS, the Planning Commission of the City of Troy, Ohio, has reviewed
the plan and recommended approval, and
WHEREAS, at least 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 1: That the zoning of part of Outlot 43 (Parcel No. 008-090640) be
changed from R-5, Single-Family Residential District to OR-1, Office Residential District.
SECTiON II: That this Ordinance shall be effective at the earliest date allowed by
law:
Adopted: __________ _
President of Council
Approved: _________ _
Attest:------------
Clerk of Council Mayor
1
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I
; )
- -- - - - - --- -------- ---- - -------- - - - - __ _______________ __ _ _!__ _ _..-/
TO: Mrs. Baker, President, Troy Council
FROM: Sue Knight, for the Troy Planning Commission
DATE: June 1, 2014
SUWIECT:!R!Ef:llRi Of iiHifE 01!\t !A FlrtOrui $8!N!IGILIE-
IF !l V IRESBDEfi\JJTUPL DUST OCT, TO COJ[R .. il, OffB<CIE m;SHD!EIMTRIL IF(Q)fR 00Tl01T' 12 $0mlHI
STRlEIET, TROY, OHBO
On May 28, 2014, the Troy Planning Commission considered the rezoning of part of Outlot 43 (PARCEL 008-
090640), which is the address of 612 S. Market Street, Troy, dhio, from the zoning of R-5, Single-family
Residential District, to the zoning of OR-1, Office Residential District. The property owner/applicant is Elizabeth
Rindler.
The Commission had received a report of City staff, which was reviewed as part of the meeting discussion. That
report indicates that the intended use of the property will be a bed and breakfast, which use is not permitted in the
R-5 District, but 8s permitted in the OR-1 District. A copy of the information provided to the Commission is attached.
The Planning Commissoon determined not to hold a public hearing on this rezoning application.
By unanimous vote, the Troy Pianning Commission recommends to Troy Cuty Council that the requested rezoning
be approved for part of Outlot 43 (PARCEl 008-090640), which is the address of 612 S. Market Street, Troy, Ohio,
from the zoning of R-5, Single-IFamily Resodential District, to the zoning of OR-i, Office Residential District, based
on the findings of staff that:
o The proposed use is a permitted use in ihe OR-1 zoning district; and
o The area has the same zoning to the south and east as the proposed zoning classification; and
o The parcel meets the bulk requirements for an OR-1 zoned property and fits the use well; and
o The proposed rezoning as consistent with the intent and purposes of the City of Troy Zoning Code.
This request is forwarded herewith to Council for consideration.
The !Public Hearing before Council has been sea for the July 7 meeting of Council.
The following will be attached as part of this report.
o provided by City staff, which included the report of staff and a listing of permmed uses
for both the R-5 and OfR-1 Districts.
o Copy of ihe draft minutes of the May 28 meeting of the Planning Commission.
End.
TO: Troy Planning Commission
FROM: Planning Staff
DATE: May 28
1
2014
SUBJECT: Rezoning: 612 South Market Street
OWNER: Elizabeth Rindler
APPLICANT: Elizabeth Rindler
BACKGROUND:
Elizabeth Rindler, owner of 612 South Market Street, has applied for Planning
Commission to consider allowing the rezoning of 612 South Market Street. Currently the
property is zoned R-5, Single-Family Residential, and the applicant requests that the
zoning of the parcel be rezoned to OR-1, Office-Residential.
The property consists of .28 acres located to the north of the South Market crossing of the
CSX raihoad. The surrounding zoning districts include R-5, Single-Family Residential to
the north and west, OR-I, Office-Residential to the south and east, and B-1, Local Retail
District to the southeast. A map depicting the surrounding zoning districts has been
attached to this report
DISCUSSION:
Attached is a business plan from Ms. Rindler detailing the use for the proposed rezoning.
The intended use of the property will be for a bed and breakfast. The intended use is a
permitted use within the OR-1 district but is not permitted within the R -5 district.
-The Zoning Code describes the OR-1 district as "designed to accommodate a mixture of
residential and office uses. Medium intensity residential and office uses are permitted
with a lot area requirement of three thousand (3,000) square feet per dwelling unit.
Residential and office uses may be mixed in the same building or structure. A variety of
personal service uses which are compatible with the other uses of the "OR -1" Office-
Residence District are permitted. This district is mapped along major thoroughfares, near
hospitals and as a transitional area between commercial and residential uses."
Attached to this report are the permitted uses as described by the OR-1 zoning district
and the R-5 zoning district.
The OR-1 zoning district requires a minimum lot size of 6,000 square feet. The property
measures 12,196 square feet and meets the other bulk requirements set forth by the
zoning district. The zoning code requires a buffer strip of 15' from the 0 R -1 district to
the adjacent R-5 district. This buffer strip will not be met on the northwest and west
sides of the property; however, the property is already developed and has no plans to
change the configuration of the lot.
The Comprehensive Plan's Future Land Use (Figure 14-2) shows the surrounding area to
be a mix of residential and commercial uses.
In Jrlfvirewmg a 1139.07 o1llltllfume the on to
bae
(A) Whether the change in classification would be consistent with the intent and purpose
of this Zoning Code.
The proposed rezoning is consistent with the Zoning Code, specifically with sections
1131.02(e),(q), and (r). These sections dictate the intent and purpose of the Zoning Code.
Theses sections are listed below:
1131. 02( e) "To separate incompatible land uses and to cluster compatible and
mutually supportive land uses".
);;> 1131.02(q) "To promote the economic vitality of business and industry".
1131.02(r) "To direct particular land uses to the parcels of land best suited for
them ... "
The rezoning is consistent with the above listed intentions of the Zoning Code. The
commercial/residential use of the property fits well with the current uses that exist in the
area.
(B) Whether the proposed amendment is made necessary because of changed or
changing conditions in the area affected, and, if so, the nature of such changed or
changing conditions.
The application was not submitted based upon any changing conditions in the area.
(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 use would be permitted on the existing parcels of land located to the south and east
of the proposed rezoning area.
(D) Whether adequate utility, sewer, and water facilities, and all other needed public
services exist or can be provided to serve the uses that would be permitted on a property
if it were reclassified
All utilities are provided.
(E) The amount of vacant land that currently has the same zoning classification as is
proposed for the subject property, particularly in the vicinity of the subject property, and
any special circumstances, in any, that make a substantial part of such vacant land
unavailable for development
There is no vacant land in the vicinity of this proposed rezoning.
(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
Due to the straight forward nature of the rezoning request and the fact that City Council is
required to hold a public hearing if the request proceeds on, staff does not feel that a
public hearing before the Planning Commission is warranted.
IRJECOMMJENIDATION:
Staff is recommending that the Planning Commission recommend approval of the
rezoning from R-5, Single-Family Residential District to the OR-1, Office-Residential
District, based on the following:
o The proposed use is a permitted use in the OR-1 zoning district; and
o The area has the same zoning to the south and east as the proposed zoning
classification; and
o The parcel meets the bulk requirements for an OR-1 zoned property and fits the
use well; and
o The proposed rezoning is consistent with the intent and purposes of the City of
Troy Zoning Code.
Scheduled Planning Commission Meeting
(Held every 2nd and 4th Wednesday of the month at 3:30p.m.)
Date Requested:
Office Use
Date Filed :f-/4- It/
Accepted by
Filing Fee Pd. J<.io. 00
Receipt # o?tJ / fi9 S !l.s"
Applicant(s) scheduled on the agenda will be notified
APPLICATION iS DUE TWO (2) WEEKS PRIOR TO MEETING
lFOR ;ltJif'Cl6-!JS"
crrv OF TROY
(MUST BE TYPED OR PRINTED LEGIBLY IN BLACK INK)
(READ SECTION 1139 OF THE ZONING CODE BEFORE COMPLETING APPliCATION)
An application for an amendment to the City of Troy, Ohio Zoning Code that would change the zoning classification for
the property located at fol ,-A 5ottl1.J ST. neoct &h e"O <t'.s;-3 ? '6
(Street Address) l
being lot number(s) ..t.fo from to DR I .
(Parcel Identification Number) (Existing Zoning Classification) (Proposed Zoning Classification}
OWNER
Name be;flo :B,.,
APPLICANT
Name -..!.:,r.
Address <PLb. Socktb hltl __ :t,-- Address
(pi a f}1a 1: ST.
State Of{ ( 0
Zip Code

C
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IY
State fdlt. ()
Zip Code 1--J 50 /'7 3
Phone 7- I? { / ::: ('(!. _) ,
1
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cq31) 031. 1-/o..-Ht
Fax No. ----
Email L)tAli.4 f

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The applicant is the of the property, which is subject to this application.
(State the interest of the applicant)
PlEASE PROVIDE THE
1. The reasons for seeking a change in the zoning classification or zoning text: Attach as EXHIBIT ""A".
'Deec/-- 2. The legal description of the land proposed to be reclassified: Attach as EXHIBIT "8
01

v 3. A site plan prepared by a registered engineer, suNeyor 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 E.XH81BIT "C".
b. The present zoning classification of all surrounding lands located within two hundred and fifty (250) feet
of the land proposed to be reclassified: Attach as !EXHIBIT "0
01

v c. A list (see example) of the names, addresses, and lot numbers of the owners of property within a radius
of two hundred and fifty (250) feet from the parcel or parcels of land proposed to be reclassified:
Attach as f.XHIBHT "E"
ie:" i. Include one (1) copy of County Tax Maps
vii. Include two (2) sets of mailing labels
4. 2 complete sets (Exhibits A-E) reproducible in a format no larger than 11 "x17"
5. Filing Fee of $150.00 made payable to the City of Troy
Page1of2
HEREBY DEPOSE AND SAY THAT THE ABOVE STATEMENTS AND THE STAJEM!ENTS CONTAiNED IN ALL
THE PREPARED BY ME AND TRANSMiTTED ARE TRUE.

Signature)
Subscribed and sworn to before me this
(For Office Use Only - Do Not Write Below This Line)
REQUIRED DOCUMENTS:
EXHIBIT A Reasons for Zoning Reclassification
EXHIBIT 8 legal Description
EXHIBITC Site Plan: lot dimensions, lot numbers, current zoning, existing and proposed uses
EXHIBIT D Site Map with Zoning & Owners within 250 feet of parcel
EXHIBIT E Property Owners List within 250 feet of parcel
Labels Two (2) Sets of Mailing Labels of Property Owners
Copies Fifteen (15) Complete Sets in a reproducible format 11 "x17"
Map(s) .one (1) County Tax Map(s)
Filing Fee Check issued to City of Troy for $150.00 (
Additional Documentation (List):
PlANNING COMMISSION DISPOSITION:
1-------------------------------------------
PUBLIC HEARING DATE
1-------------------------------------------
RECOMMENDATION TO CITY COUNCIL
CITY COUNCIL
1st Reading: 2nd: 3rd: PUBLIC HEARING DATE

1-------------------------------------------
COUNCIL COMMITTEE RECOMMENDATION
Approved: Denied: CITY COUNCIL ACTION

Ordinance Number:
, Effective Date:
Revised 10/25/11
Page 2 of2
Business Plan
For

Bed and
612 Market Ste
Troyo 45313
SUMMARY:
This business plan has been prepared and is being submitted for the prospective
re-zoning and opening of a residential property at 612 South Market St. Troy
1
Ohio 45373. The property will be operated as a Bed & Breakfast under the name
of "Etheljs Bed arid Breakfast/} owned and operated by Beth Rindler.
The prospective Etheljs Bed & Breakfast will be a charming Bed & Breakfast and
special events facility located in historic Troy, Ohio. This century old home-
which is rumored to have played a part in the Stage Coach & Railroad Routes
through Troy} Ohio- offers one individually furnished room downstairs, with its
own antique theme and shared bath. future plans entail opening up three more
upstairs bedrooms with a shared bathroom. The facility has a wonderful
centralized downstairs living room, dining room and private front porch & large
yard for the socialization of guests. This downstairs area doubles as special
events rooms which the public may reserve for parties or small private
gatherings. These rooms also have kitchen access and a shared bath and wireless
internet service; it will be a complete Bed & Breakfast with a full complimentary
breakfast served each morning to our guests.
The building itself will require no structural improvements} it is nearly service
ready. The only upgrades necessary are painting and finishing accoutrements in
the way of decorations and finishing touches and some minor equipment
purchases for the start-up detailed later in this plan.
Beth Rindler, sole owner of Ethel's Bed & Breakfast, will live in the small attached
back liv&ng area of the main residential structure year round. Beth is a hands-on
owner who will oversee every aspect of the facilities' operations. Skills gained
throughout the owner's 30 plus years of food service, dietary kitchen
management, and retail experience will aid in running a successful business. Local
outside assistance be sought in areas including technical assistance,
maintenance and repair and HVAC and electrical services as needed.
As the only bed and breakfast located in Troy, Ohio, Ethel's wHI gain a vast
majority of the city's market share.
Ethei
1
S Bed & Breakfast will have a competitive edge due to it being the only bed
& breakfast facility !ocated in Troy, Ohio.
The facility generates its own appealing ambiance from being an actual structure
of historic Troy, Ohio.
1.1 MISSION
The mission of Ethel's Bed & Breakfast is to provide a serene setting for our
guests to enjoy the many splendors of historic Troy, Ohio. When the guests
arrive, we want them to leave their troubles at the door. When we adhere to this
maxim, everything else will fall into place. Ethel's Bed & Breakfast services will
strive to exceed the expectations of our customers; this is our number one goal.
1.2 KEYS TO SUCCESS
The primary keys to success for Ethel's Bed & Breakfast will be based on the
following factors:
o Provide a facility that has first class attention to detail.
o Give each guest a sense that he or she is our top priority.
o Provide quality food service at breakfast.
o Retain our guests to ensure repeat o o k ~ n g s and referrals.
1.3 OBJECTIVES
1. Strive for a customer satisfaction rate of 100%.
2. Strive to stay above 20% occupancy each month
3. Offer the usage of Ethel's special events rooms to visitors every week
during the yearro
4. Develop a ;ong-term sustainable business, surviving off its own cash flow.
COMPANY SUMMARY:
Ethel's Bed & Breakfast, located in historic Troy, Ohio, will offer home style,
quaint Bed & Breakfast amenities plus special events rooms for the public to
enjoy. Ethel's Bed & Breakfast will currently have one individual bedroom with a
shared bath, a central living room/dining room (social area), with complementary
wireless internet service and a large private front porch with adjoining iarge yard
for its guests. Future plans include opening up three more upstairs bedrooms
with a shared bathroom and common area.
2.1 COMPANY OWNERSHIP
Ethefls Bed & Breakfast is the sole proprietorship of Beth Rindler. The Bed &
Breakfast uses the main part of the home as the Bed & Breakfast and Events
Rooms.
2.2 START UP SUMMARY
Ethel's Bed & Breakfast will have initial start-up expenses that include:
o $180,000 to purchase the property. (Obtained through a residential loan).
a $1,000 in home office equipment including: computer, copier, fax machine,
extra telephone line and filing cabinet.
o $1,000 for cleaning of furniture
o $1,000 for one set of living room furniture
o $500 for one Dining Room table & Chairs
o $300 for outside signage
$600 for one Ia rge television for the living room
o $400 for Bedroom & Bathroom lin ins
o $1000 for e b s ~ t e creation/Credit Card access activation
o $ 600 for Advertising/ Association dues and also for the Chamber of
Commerce
o Bringing total equipment needs after acquisition to/ $61400
MARKET SEGMENMTATION/ANALYSIS SUMMARY:
Ethel's Bed & Breakfast has four distinct target markets.
First are people from the region that just want to get away for the
weekend. They may have activities planned for the weekend or just choose
to relax.
The second group is travelers who are passing through Troy, Ohio and
prefer to stay in Ethel's instead of a hotel/motel.
The third group is any customer affiliated with local Troy, Ohio businesses.
This group may be out of town professionals working for local businesses
requiring accommodations during their business stay in Troy with the iocal
host business being the entity that sets up the reservation.
The last group is the general public that would like to reserve gathering
rooms for that small meeting, gathering or party.
While there may be customers that fall outside of these groups_, these
classification segments should be reasonably accurate.
4.2 MARKETING STRATEGY:
The Marketing Plan is to target the above four customer groups as defined who
make up the largest population of peop!e who utilize B&B's and small gathering
rooms.
A three pronged strategy will work for all four groups:
Association me rnbership and advertising. Many travelers will look to
regional Bed & Breakfast associations for information about the different
Bed & Breakfasts in a given area. Most associations publish a directory for
subscriptions and advertising; we wilf participate in this . An advantage of
membership in these associations is visibility on the association's website
with a link to ours. Additionally, we will be a member of the local Chamber
of Commerce because travelers often make to the local Chamber
when planning a vacation or trip to the area.
o Website. Ethel} s Bed & Breakfast will offer a full service website that aliows
the visitor to view our facility, read details about what it has to offer,
provide information on regional activities and give the visitor information
on how to book a reservation. With the growing use of the internet, the
web has become an indispensable tool for making traveling plans to areas
that are not close enough to check out in person. Additionally, the website
will have a ((shopping cart" that will accept Visa, Mastercard, and
American Express for online bookings. The website will also provide guests
with the option to review Ethel's and leave feedback regarding their stay.
s Strategic Relationships with local businesses. EtheVs will develop a
networking partnership with the local businesses so when they are in need
of finding accommodations for out-of-town clients, guests, customers, or
others they will refer them to
4.3 SERVICE BUSINESS ANALYSIS:
There is only one other Bed & Breakfast within a 15 mile radius of Ethel's Bed &
Breakfast and there are a number area hotels/motels. Most people who need
lodging in the area make reservations in advance to assure room availability.
(The Hausen Bed & Breakfast in Piqua will be our main competitor and
there is a reasonably significant distance factor to consider here.)
4.3,1 COMPETITION AND BUYING PATTERNS:
Typicalfy in this industry the consumer is someone who is not just looking for a
room to ~ e e p in} but a facility that provides a home spun touch; a place that is
unique and offers more personalized customer service.
On average most Bed & Breakfasts have only a couple of rooms and are often
booked up in advance; demand outstrips supply for Bed & Breakfasts.
After satisfying themselves with their accommodations, guests often look to the
whole experience of staying in a lovely setting with interesting people to chat
with.
Hotels and Motels are facilities generally much more sterile in character relative
to Bed & Breakfasts. The operator will usually see the guest when they check in
and when they check out. This differs from a B&B where guests are encouraged
to spend time in communal rooms and socialize with the operators and other
guests this is an "appeal" factor that drives customers to B&Bs.
5.1 COMPETITIVE EDGE:
Ethel's B&B will set itself apart from the nearest similar competition in the
following ways:
location: e s t ~ e d in the historic Troy area within walking distance to aU the
downtown sights & activities.
<0 The Bedroom: The room is individually decorated with antiques that are
tasteful but comfortable; you will feel as if you have stepped back in time.
o Small Events Rooms: Having small events rooms available to the public for
that special gathering usage.
o Customer Service: Customer service is the number one priority. EtheVs will
treat each guest as if they are family.
5.2 MARKETING STRATEGY:
The marketing strategy is based on becoming a destination for vacationers and
business travelers who are looking for truly unique lodgings. Yellow pages and
local newspapers will serve as the primary forms of advertising. A web page will
also be developed to promote this unique facility. Eye catching signage will alert
potential passersby of the facilities' existence. Clientele are also to be gained
through positive word-of-mouth via past customers.
While business promotion will always be an ongoing effort, the first three months
will see a concerted effort used for advertising and promoting the facility to the
general public and local business community anticipating that this effort will
produce the desired results of a quick (/kick-start"; should this fail, the effort will
be extended as long as necessary to produce sustainable results.
Ethel's currently has one room to offer its guests at a rate of $65 to $85 per night.
Rates of $65 single occupancy- $75 double occupancy per week night and $75
single occupancy- $85 double occupancy on Friday and Saturday nights.
(Extended stay and corporate long term discount rates will be available.) Ethel's
also will have houriy rates for the smaU events rooms.
5.4 MILESTONES:
Ethel's Bed & Breakfast will have several milestones early on:
o Joining the different associations.
e Preparing the Web page with credit card access and newspaper
G Completion of updating the furnishings of the facility.
o Offering special functions to the pubfic. (Lunches, Dinners, Teas)
MANAGEMENT SUMMARY
Ms. Rindler has a degree in dietetics and 30 years' experience in restaurant and
healthcare dietary management. She has also catered many family/friends
functions. Ms. Rindler has dreamed of someday having a Bed & Breakfast with
the excitement of taking care of travelers. Ms. Rindler's education coupled with
her practical experiences has given her the ideal skill-set required for operating a
B&B and she will promote the facility through the advertising methods discussed
above.
6.1 PERSONNEl
Ms. Rindler will contanue her full-time employment as a dietetic technician and
dietary manager which will allow for her personal income and the revenue from
the B&B to cover the entire Bed & Breakfast expenses. Projecting within the first
2 years of operation, the revenue from the B&B is anticipated to cover the entire
expenses for the Bed & Breakfast. Ms. Rindler will schedule reservations,
complete the housekeeping tasks} obtain help from family/friends for the lawn
services & greeting guests and she will prepare the breakfast menu, purchase the
food and cook the breakfast served at the facility. Ms. Rindler will function in all
capacities of operating this business.
FINANCIAl PLAN:
7.11MPORTANT ASSUMPTIONS:
The following critical assumptions will determine the potential for future success.
o A healthy economy that supports a moderate levei of growth our market.
o Keeping operating costs as low as particularly in areas of
personnel and ongoing monthly expenses.
Page 1 of 1
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Private garages or carports.
o A structure for storage incidental to a permitted use.
o A guest house.
o Private swimming pool, bath house, and tennis courts.
o Child's playhouse.
e Statuary, arbors, trellises, barbeque equipment, flagpoles, fences, play equipment, clothes lines, walls, and
hedges.
o Fallout shelters.
e Day-care centers.
@ Satellite earth stations and dish antennas.
Antennas used by amateur radio operators.
e Any other use customarily found in conjunction with the principal use.
o Accountant's office.
) Adult Family Home.
o Adult Group Home.
o Architect's office.
o Art galleries and museums.
o Artist, sculptor and composer studios.
o Attorney's office.
e Automobile parking garages.
o Automobile parking lots.
o Banks and financial institutions.
o Barber and beauty shops.
o Bed and Breakfast.
o Day-care centers.
Q) Churches, chapels, temples, synagogues.
o Engineer's office.
e!l Family Home.
o Foster Family Home.
o Gift shops.
@ Government buildings, structures, or premises used exclusively be federal, state, county,
township, or municipal governments for public purposes, but not including work shops,
warehouse, or open material storage.
Group Home.
o Halfway House.
GD Health studios and clubs.
@ Insurance agent's office.
o Intermediate Care Home.
0 Libraries.
o Medical and dental laboratories.
G Medical and dental office/clinic.
o Mortuaries and funeral parlors.
Multiple-family dwelling.
0 Newsstand-retail sales.
0 Nursing homes.
o Photo studios.
0 Professional Offices not otherwise mentioned.
0 Public parks, playgrounds and community centers.
o Public utility.
e0 Real estate broker's office.
Residential use on second story or above.
o Rooming houses.
o Schools -primary, intermediate and secondary- public or private.
o Seamstress and tailor.
o Single family dwellings.
Social Care Home.
o Two-family dwellings.
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1309172
CLIENT: IEL\l.AlBE"fH A. RINIOLER
STREET ADDRESS: 2 S. MARKET S1ME!ET
CITY OR VILLAGE: TROY
TOWNSHIP:
COUNTY:
STATE: OHIO
CITY LOT NUMBER: PART OUTLOT #} 43
SECTION , TOWN , RANGE
PLAT NAME:
PLAT LOT NUMBER:
PLAT BOOK:
PAGE:
Survey mode for the lnstonce of:
11'11.!: A@E.'NCV" RNC.o OOU'M 4%
1 D JNCmPortA tim
We certify that thla survey shows the Improvement cr
lmprovements as loeoted on premises descr\bed;
\hat the Improvement or improvements ore ent.lrely
wlthln lot llnastt and that there are no encroachments
upon the premises described, by the Improvement or
Improvements of adjolnlng premises.
0
EXCEPT AS SHOWN
By.
eglStered urVeYOr
Mortgage Location Survey prepared In accordance with
Chapter 4733-38 Ohio odmlnlstrative Code, and Is not
a boundary survey pursuant to Chapter 4733-37 Ohio
Adm\n,tstrot\ve Code. Property corners were not set
Bulldlngs and fences should not be astobltshed from
this survey.
0
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& Surveying Group, LlC
, 270 Regenqy Rldoa Drlve, Suite 203
' Dayton, Oh1o
Phono: {937) 439-4300 Fa)(: (937) 4-JSo-2005
Email: haleyduao@lholayduaa.com
Webalta: www.haleyduao.cotn
... o .. JPH
=
65
Staff reported that: property is located south of the First United Methodist Church; OHI forms list tt
building as a two-story frame residence with High Victorian ltalianate style; building was erected in 1878 and is noi on tt
National Register of Historic Places; handicap ramp would be located at the back door of the property leading into
screened in porch; it would be constructed of pressure treated wood and will measure 4'x6' for a total of 24 square
and painted the same dark color as the existing trim on the building; and staff recommends approval of the propose
exterior alteration, based on the ramp is ADA compliant and is located in such a way that will not be visible to the publi
and the ramp will not distract from the historic feel of the district The applicant was present
A motion was made by Mayor Beamish, seconded by Mrs. Johnson, ao approve the exterior alteration of
installation of a handicap ramp at 126 S. Cherry Street submitted, including materials, design and paint color, an<
based on the findings of staff that:
o The ramp is ADA compliant and is located in such a way that it will not be visible to the public .
ramp will not distract from the historic feel of the district. PA$SIED
RE}UJIESY $0UTH MM&{!Eii $0!MGlfE ...
TO (OIR ... 'il litH DILEIRL Staff
reported that: Elizabeth Rindler, owner of 612 South Market Street, has applied for the rezoning of 612 South Market
Str_eet from R-5 to OR-1; property consists of .28 acres located to the north of the South Market crossing of the CSX
railroad; surrounding zoning districts include R-5, Single-Family Resudentnai to the north and west, OIR-1, OffROe-
Residential to the south and east, and B-1, local Retail District to southeast; intended use of the property wm be a
bed and breakfast, which use is a permitted within the OR-1 district but is not permitted within ihe R-5 district; the OR-1
zoning district requires a minimum lot saze of 6,000 square feet and this property is 12,195 square feet and meets the
other bulk requirements set forth by the zoning district; the zoning code requires a buffer strip of 15' from ihe OR-1
distract to the adjacent R-5 district, this buffer strip will not be met on the northwest and west sides of the property,
however, the property is already developed and has no plans to change the configurateon of Rhe lot; and the
Comprehensive Plan's Future land Use (Figure 14-2) shows the surrounding area to be a mix of and
commercial uses. !Based on Section 1139.07 owlines the criterr6a on which to base decis4ons, staff noted:
" (A) VYhether the change irn classification would /be consistent with the inte_nt and purpose of this Zoning Code.
The proposed rezoning is consistent with the Zomng Code, specifically wiih sections 1131.02(e),(q), and (r). These sactions
dDdate aha intent and purpose of tile Zomng Code. Thesas sections are listed be!ow:
> 1131.02(e) ro sepauaie uses and io dusfter compatilbk! mutually supporiiw llsoo uses".
> 1131.02(q) ro promote economnc of lbansiness and
> 1131.02(r) "To direct pariicular !and uses io ihe pawcels of land suied for fthem ... "
The is the above listed intentions of tlhe Zoning Code. The commevciaVmsidentialuse of ihe property bits
well with ihe current uses ihat eldsa in the ama.
(!B) 'IMJether the proposed amendment is made necessary because of changed or changing conditions in the area affected,
arnd, if so, the nature of such changed or changing conditions.
Tlhe application was not submitted based upon any changing condations in the area.
(C) Whether the uses that would be permitted on the property if it were reclassified would be compatible with the uses permitted
on other properly in the immediate vicinity.
The use would be permitted on the e}{isting parcels of land located to the south and east of the proposed rezoning area.
(D) Whether adequate utility, sewe" 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.
All utilities are provided.
(E) The amount of vacant land that currently has the same zoning classification as is proposed for the subject prot
in the vicinity of the subject property, and any special circumstances, in any, that make a substantial part of s
unavailable for development.
There is no vacant land in the vicinity of this proposed rezoning.
(F) Whether the proposed amendment would correct an error in the application of this Zoning Code as appliet
property.
Not applicable in this request "
Staff did not recommend a public hearing by the Commission, and recommending that the Planning
recommend approval to Council the rezoning of 612 S. Market Street from R-5, Single-Family Residential
OR-1 , Office-Residential District, based on the following:
o The proposed use is a permitted use in the OR-1 zoning district; and
o The area has the same zoning to the south and east as the proposed zoning ctassiflcaiion; and
o The parcel meets the bulk requirements for an OR-1 zoned property and flis the use well; and
o The proposed rezoning is consistent with the intent and purposes of the City of Troy Zoning Code.
Tha applicant was present
PUBlSC HfEMING:
A motion was made by Mr. Titterington, seconded by Mrs. Mahan, that the Commission not hold a public
this rezoning application, noting that the Council will hold a public hearing.
MOTHO!M TO NOT IHJOIL!O $i I?UBlGC l83Y

A motion was mada by Mayor Beamish, seconded by Mrs. Mahan, to recommend to Troy City Cour
rezoning of 612 South Market Street (Parcel 008-090640), from R-5, Single-Family Residential District to C
Residential District be approved based on the findings of staff that:
o The proposed use os a permitted use oro the OR-1 zoning distract; and
o The area has the same zoning qo tha south and east as the zoning dassffication; and
o The parcel meets the bulk requirements for an OR-1 zoned property and fits qhe use well; and
o The proposed rezoning is consistent with the intent and purposes d the City of Troy Zoning Code.
V@YfE
fO!Mt\l PILAT Of lO\CA'fli:OC]) >ff WAV E OCranElCIP>Ei
B llC - Application was at the poor me8t9ng for docum
oo provided by application. It was siated qhai the documentation has oot been received. remains tabfed.
There being no further business, the meeting adjourned at 3:44 [pm.
Respectfully submitted,
_______________ Cha9rman
_______________ Secretary