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Council rejects rezoning request for Old Troy Pike site after planning staff cites incompatibility with adjacent housing

January 27, 2025 | Huber Heights, Montgomery County, Ohio


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Council rejects rezoning request for Old Troy Pike site after planning staff cites incompatibility with adjacent housing
Huber Heights City Council on Jan. 27 voted against rezoning about 0.6 acres at 5543 Old Troy Pike from commercial district B2 to the more intensive B3 commercial district, rejecting a plan to develop an auto sales lot at the site.

City planner Aaron Sorel told council the B3 district permits vehicle sales and service but requires a 50-foot building and use setback where the site abuts R6 single-family residential zoning to the west. "Staff feels that the B3 zoning is incompatible with the adjacent R6 zoning, and would require too many variances to develop this as a functional auto sales location," Sorel said, and staff recommended denial. The planning commission unanimously recommended denial.

The rezoning drew limited public comment. Resident Cindy Schwartz asked if the parcel had been vacant for a long time and said no neighbors had submitted objections; she told council she had "no strong feeling" about the site itself. Councilmembers questioned staff about how many apartment units are adjacent and whether the applicant had been informed of buffering requirements before filing.

Councilmember Scott moved to approve the rezoning and Nancy seconded. The motion to adopt the ordinance was defeated on the roll call: 0 yes, 8 no. Tony (clerk) called the roll; the transcript records all voting members voting "no," and the motion failed.

Because the B3 district would have required landscaping, screening and variances that effectively reduce the usable area of the parcel, staff said vehicle sales or service would be difficult to operate at this location without relief from the Board of Zoning Appeals.

With the motion defeated, the zoning remains B2 and no further city action followed on this application at the meeting. The public hearing for case RZ24-29 had been held earlier the same evening; no written correspondence was received by staff in advance and no speakers registered in favor or opposed at the public hearing besides the citizen comments noted.

Action details and next steps are limited to what was on the record: the council voted against the rezoning request and no ordinance adopting the change was passed.

Ending: The council closed the public hearing on RZ24-29 the same evening and proceeded to other business; the applicant may pursue other options consistent with the existing B2 zoning or seek variances through the Board of Zoning Appeals if they wish to advance a vehicle-related use.

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