The first ordinance involved plans by Oberer Companies to construct two three-story apartment buildings, with a total of 63 units, along East Main Street. The complex, to be called At Main, would have been situated across from the new Montgomery County Courts building, which opened in 2023.
The second and third ordinances included plans submitted by Pivotal Housing Partners and St. Mary’s Development Corporation. Both companies had hoped to construct one four-story apartment building with around 65 units each along Olive Road.
All three ordinances had previously been tabled during a March council meeting, with members at that time citing concerns relayed by adjacent residents and business owners about the developments’ potential effects on nearby home values, traffic and safety, given the site’s location near Wolf Creek.
During the March meeting, Councilmember Ronald Vaughn requested a special meeting be scheduled to discuss how to address the concerns moving forward, however no such meeting was held.
The projects, which would have seen the development of just under 200 individual apartments, were previously approved by Trotwood Planning Commission.
Planning commission documents include a safety and security plan with regards to Wolf Creek, which highlights safety concerns and includes risk mitigation and management options.
Each developer also received preliminary PUD approval for the projects from both council and planning commission in 2022 before receiving final PUD approval from planning commission in January.
At the April meeting, a representative from Oberer asked the council to table the proposals again to allow for further communication among the parties to address concerns raised by neighbors.
Instead, council held the votes to approve the plans as presented, which each failed 6-0.
Developers Oberer Companies, Pivotal Housing Partners, and St. Mary’s Development Corporation had collaborated with the Trotwood Community Improvement Corporation (CIC) on the plans since summer 2022.
The projects were part of an ongoing effort to recover rental units after the 2019 Memorial Day tornadoes left a significant number of apartments damaged or destroyed, and were to be funded in part by U.S. Department of Housing and Urban Development funds through the Community Development Block Grant Disaster Recovery program.
All three lawsuits filed by the developers include reference to the 2019 tornadoes, the yearslong collaboration with the Trotwood CIC, and the secured funds, also noting that these monies must be used in a timely manner.
Each lawsuit claims Trotwood failed to properly approve or deny the applications for final planned unit development approval within 45 days of submission, which took place on Jan. 11, documents show.
Along with incurring all court costs and attorney fees to the city of Trotwood, the suits request multiple options for relief, which include automatic approval by the court of the PUD plans given the timeframe violation; to rule the council decision null and void while dropping the suits, allowing for a new vote to take place; or to grant the appeal and approve the plans.
About the Author