Beavercreek planning commission denies Birch Hill Hotel’s request to operate as apartment hotel

Beavercreek — The Beavercreek Planning Commission voted 4–0 to deny a conditional-use application that would allow the Birch Hill Hotel at 3845 Germany Lane to operate as an apartment hotel. Commissioners found the property could not meet zoning criteria, citing a 47-space parking deficit and elevated police-dispatch and severe-incident rates compared with other city hotels.

Planning staff told the commission that the property appears to be operating as an apartment hotel because a fire-marshal roster showed multiple guests staying well beyond 182 days, which the code treats as permanent residency. "They are actually operating as an apartment hotel," staff said during the presentation, citing the residency durations and the zoning definition that classifies units occupied more than 51% of the year as dwelling units.

The staff report also flagged public-safety metrics: staff said Birch Hill accounted for roughly 45% of police dispatches to the city’s nine hotels between January 2022 and July 2025 and reported higher counts of serious incidents. Staff said the hotel averaged about 131 calls annually over full years 2022–2024 and that 84 incidents were classified as severe compared with 59 at the other eight hotels combined. Staff acknowledged a chart-labeling error (text vs. chart year) and explained that one figure included police-initiated activity while another counted dispatched calls.

Staff also highlighted physical constraints on the site. The presenter said the parcel is roughly 82% impervious surface — above the current 75% limit — and that, under apartment-hotel parking standards, the site is about 47 spaces short of the minimum required. "They are 47 parking spaces short of what they would need if they are running an apartment hotel," staff said.

At the public hearing adjacent property owner Stuart Smith, vice president of the nearby self-storage facility, said there is "constant police activity" and "constant loitering in the back parking lot," and urged the commission to stop the ongoing use. The commission received one emailed opposition and no applicant representative appeared at the hearing; staff confirmed certified notice had been mailed to the applicant.

Counsel reminded commissioners that as a quasi-judicial body they must make and record factual findings tied to the zoning standards. After deliberation a commissioner moved to approve a resolution denying the conditional use for failure to meet Beavercreek zoning code section 158.171(c)(4)(b); the motion was seconded and carried by roll call 4–0 (Meyer, Palumbo, Fountain, Self voting to approve the denial resolution).

Because several long-term residents were identified, staff said any administrative enforcement to vacate residents would include an extension of the compliance timeline to avoid immediate displacement around the holidays.

The commission’s denial does not prohibit the city from pursuing code-enforcement actions if appropriate, and the applicant may seek remedies available under local procedures.