As part of the agreement, the building will require a 120-foot setback from Ohio Drive
Day said a developer could build an apartment complex by right at a 25-foot setback from Ohio Drive due to Senate Bill 840, which allows developers to build multifamily housing by right on property zoned for commercial use.
“I see this as an excellent utilization of the property when you consider the alternatives,” council member Bob Kehr. “Under SB 840, we could see a much denser community … that I think it would be more objectionable than what is.”
Developers will also be required to replace landscaping at the edge of Ohio Drive, which was previously damaged by a storm in 2021.