Council gives preliminary OK to amended Market–Union apartment plan after developer presentation

MIDDLETOWN, Ohio — Middletown City Council voted orally Jan. 21 to approve a major amendment to an existing planned development at the northwest corner of Market Avenue and Union Road, moving the project forward for formal legislation at a subsequent meeting.

The amendment, proposed by Jordan Wallace of SBA Market Avenue LLC, would remove commercial uses from the site, reconfigure building layouts, decrease the number of buildings from 10 to 9 and increase the total dwelling units from the previously approved 243 to 314 on roughly 14.367 acres. City planner Claire Fetters described the site as zoned BCH (Business Center Hub District) and said the change constitutes a major modification to an approved final development plan that requires council approval following Planning Commission action.

Wallace, the property owner, told council he intends to make a roughly $58 million investment and described a multi-year process marked by interest-rate and inflation challenges. “Feasibility is very important. Quality housing is very important,” Wallace said, adding that the developer revised density at staff’s request and expects to negotiate incentives such as a community reinvestment agreement.

Law Director Ben Yoder explained the council’s process for the night: rather than adopting final legislation immediately, council members would take an oral, memorialized vote to indicate whether staff should draft the ordinance for a future meeting. “We’ll hold a public hearing, as we’ve done tonight. You all can deliberate. And then at the end of that, you’ll just vote orally, which will memorialize in the minutes,” Yoder said.

After brief council questions about landscaping, trail connections, and a stormwater retention pond that will also serve as a landscaped amenity, council moved and seconded an oral motion to approve the planned development amendment. The clerk called the roll: Mrs. Carter, Mr. West, Mr. Horn, Mayor Slamka, and Mr. Lolli voted yes. The mayor declared, “The yeses have it,” and staff said they will draft the formal legislation for the next meeting.

The Planning Commission approved the amendment unanimously (6–0) at its Dec. 11, 2024 meeting; Fetters said the original final development plan was approved Nov. 9, 2022 and received a one-year timeline extension Nov. 13, 2024. Fetters also said mailed notice was provided to property owners within 200 feet and that one voicemail inquiry was received after the Planning Commission meeting about site access and congestion.

Council’s oral approval sends the amendment to ordinance drafting; once introduced as legislation the matter will return to council for formal votes. The Planning Commission will review the later, final development plan as required under the city’s development code.

No council member proposed changes to the plan at the Jan. 21 meeting, and no members of the public rose to speak for or against the proposal during the hearings portion.

The council’s action does not itself change zoning or create final approvals; it directs staff to prepare the ordinance and related documents for a formal vote at a later meeting.