The Municipal Planning Commission met on the above date and time with the following members present: Kohler, Mannik, McAllister, Rife and Teifke (5); Chapman and Hasbrook (2) absent. Chairman Mannik presiding.

The oath of office was administered to Harry McAllister who was appointed to a new six year term beginning January 1, 2002.

Mr. Kohler moved the minutes of the December 10, 2001, meeting be approved as mailed. Seconded by Mr. Teifke. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from Joseph Ballmer requesting approval of the final plat of Phase One of Riverside Commons was read. A letter from the Service Director regarding the plat was presented.

Mr. Ballmer stated he is aware of and agrees with conditions recommended by the Service Director.

Mr. McAllister stated he would abstain from the consideration of this request as he had from previous Riverside Commons issues.

Mr. Kohler moved the final plat of Phase One of Riverside Commons be approved subject to the conditions recommended by the Service Director. Seconded by Ms. Rife. Roll call: Kohler, Mannik, Rife and Teifke (4) voting yea; nays none; McAllister (1) abstaining. The Chair declared the motion carried by a 4-0 vote.

A letter from the acting Municipal Clerk regarding a minor modification to the PUD permit for Riverside Commons was read. He stated the request was to relocate a certain parking area, namely lot 30-B, and that the Municipal Code spelled out the conditions and the process for such a minor modification. Mr. Teifke moved the letter be placed on file. Seconded by Mr. Kohler. Roll call: All members present voting yea, the Chair declared the motion carried.

The Chairman stated a letter from a representative of Northwest Ohio Mall, LLC had been delivered to the Commission members.

Mr. Mannik yielded the chair to Vice-Chairman McAllister.

A letter from Timothy A. Konieczny of Robison, Curfey & O'Connell representing Northwest Ohio Mall, LLC was read. He stated his client is in the process of submitting an application for a Shopping Center of Integrated Design. He requested the Commission schedule a special meeting as soon as practical after the application is referred to the Commission to consider the application.

The Vice-Chairman directed the secretary to contact the members of the Commission to check their availability for a special meeting when the application is referred to the Commission in order to try to accommodate the applicants request.

Mr. Kohler moved to adjourn to February 25, 2002, at 7:00 p.m. Seconded by Mr. McAllister, carried v.v.

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Monday, February 25, 2002

The Municipal Planning Commission met on the above date and time with the following members present: Chapman, Hasbrook, Kohler, Mannik, McAllister, Rife and Teifke (7) Chairman Mannik presiding.

The oath of office was administered to Richard Hasbrook who was appointed to a new six year term beginning January 1, 2002.

Mr. Kohler moved the minutes of the January 28, 2002, meeting be approved as mailed. Seconded by Ms. Rife. Roll call: All members present voting yea, the Chair declared the motion carried.

The application of Northwest Ohio Mall LLC for approval of a plan for a Shopping Center of Integrated Design north of U.S. 24 at Jerome Road (C-M Commercial-Industrial District) was presented.

The Secretary stated the applicant requested a hearing be set as soon as practical and that the Commissioners were contacted and agreed to a special meeting on March 11, 2002. He said a notice of a public hearing on the application for March 11, 2002, was published in The Blade on February 9, 2002.

Ms. Rife moved a public hearing on the application of Northwest Ohio Mall LLC for approval of a plan for a Shopping Center of Integrated Design be set for March 11, 2002 at 7:00 p.m. Seconded by Mr. Chapman. Roll call: All members present voting yea, the Chair declared the motion carried.

A referral from City Council of proposed code amendments to Chapters 1103 and 1127 concerning sexually oriented businesses was presented. The Secretary stated Council requested that a hearing be set as soon as practical and that the Chairman of the Commission agreed to setting a public hearing at the next regular meeting of the Commission. The Secretary said a notice of a public hearing on the proposed amendments for March 25, 2002, was published in The Blade on February 22, 2002.

Mr. Hasbrook moved a public hearing on the proposed code amendments to Chapters 1103 and 1127 be set for March 25, 2002 at 7:00 p.m. Seconded by Mr. Kohler. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Secretary of the Planning Commission approving a minor modification of the Hyde Park PUD to allow construction of a shed at 1910 Somerville Court was read. He stated the approval was made according to the Commission’s Resolution 2–1999.

Mr. Teifke moved the letter be placed on file. Seconded by Mr. Hasbrook. Roll call: All members present voting yea, the Chair declared the motion carried.

The Chairman opened a public hearing on the proposal by City Council to amend the ‘permitted uses’ in the C-M Commercial Industrial district.

The Secretary stated notice of the public hearing was published in The Blade on January 25, 2002. He also stated letters from the Building and Zoning Inspector of February 22, 2002; the Administrator/Safety Director of February 25, 2002; and David Westrick, 220 W. Wayne Street, of January 22, 2002, were sent to the Commissioners along with memos from various interested parties on the subject.

The Administrator-Safety Director gave an overview of the proposed amendment. He stated that while all uses allowed in C-1, C-2, and M-1 are allowed in C-M Districts, certain uses are not necessarily desirable in sustaining the quality of the Arrowhead Park and the growth of other undeveloped C-M zoned property. Development requiring high levels of City services, generating relatively low income tax revenue, and being of less desirable industry should not be allowed to grow unchecked. He offered examples of businesses of varying levels of tax revenues and their demand for services in terms of emergency calls-for-service. He also noted the sharing of City income tax revenue from the Joint Economic Development Zone agreement with the City of Toledo which is currently being mediated.

The Law Director stated the last large scale revision of the Zoning Code was in 1982. She stated that, while certain facets of those changes were ‘cutting edge’, certain deficiencies in the Code have been recognized and City Council has directed revisions to the Code be prepared to address issues that have evolved in the last twenty years. She also stated that land use applications are subject to the regulations in effect when the application is accepted, and would not be affected by changes to the code made after an application is accepted.

The Secretary read a letter from the Arrowhead Park Promotion Group representing The Andersons, Tomahawk Development, Kuhlman Corporation and S.E.Johnson Company. In it, they stated their objections to the proposed changes.

Brian Tomko, 944 Joliet Drive; Arthur Graham, 5151 Jerome Road; Sally Pfleghaar, 215 W. John Street; Nancy Cramer, 219 W. John Street; Dave Westrick, 220 W. Wayne Street; William Tucholski, 7359 Coder Road, Monclova; Mary Ann Britt-Duvendack, Fallen Timbers Preservation Commission; Nancy Light, 282 N. River Road, Waterville; and Susan Heslop, 548 Thackeray Road, all spoke in favor of the proposed amendment citing concerns about traffic, air pollution, uses compatible with adjacent land-use zones, efforts in other communities to limit Large Scale Retail developments, and the impact of "big box stores" should they be built in Maumee.

Dale Fallat, The Andersons; Joe Rideout, attorney for Tomahawk Development; Patty Blevins, Toledo Board of Realtors; Tim Konieczny, attorney; and Zac Isaac, Isaac Development Company, all spoke in opposition to the proposed amendment citing concerns for restriction of the owners’ flexibility, creation of “non-conforming” uses for existing and planned buildings, recognition of the owners’ architectural committee, and lack of input from the business community to the proposed amendment.

Mr. Kohler stated he believes a steering committee should be formed to gather the input of residents, owners, developers, professional planners, City Council and the Planning Commission regarding changes to the zoning code. Mr. McAllister asked of the status of the project to update the entire Zoning Code adding that the entire zoning code should be reviewed.

The Building & Zoning Inspector stated the Administrator-Safety Director, Law Director, and Building & Zoning Inspector have been charged with developing code revisions and Poggemeyer Design Group has been engaged to assist in this work. The Law Director stated the review of the entire Planning & Zoning Code should be done in approximately two months.

Ms. Rife and Mr. Chapman added that the most pressing issues may need to be acted on without waiting for all areas of review to be complete.

Mr. Teifke moved to continue the public hearing to March 25, 2002 at 7:00 p.m. Seconded by Ms. Rife. Roll call: All members present voting yea, the Chair declared the motion carried.

Mr. Kohler moved to adjourn to March 11, 2002, at 7:00 p.m. Seconded by Mr. Chapman, carried v.v.

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Monday, March 11, 2002

The Municipal Planning Commission met on the above date and time with the following members present: Chapman, Hasbrook, Kohler, McAllister, Rife and Teifke (6); Mannik (1) absent. Vice-Chairman McAllister presiding.

Ms. Rife moved the minutes of the February 25, 2002, meeting be approved as mailed. Seconded by Mr. Kohler. Roll call: All members present voting yea, the Chair declared the motion carried.

The Vice-Chairman introduced the application of Northwest Ohio Mall LLC for approval of a plan for a Shopping Center of Integrated Design north of U.S. 24 at Jerome Road (C-M Commercial-Industrial District). He recapped the format of tonight's public hearing and the process of the application and he opened the public hearing.

The Secretary reported a notice of the public hearing was published in The Blade on February 9, 2002, and notices were mailed to owners of property within 300 feet on February 27, 2002.

Mr. Hasbrook moved the following exhibits be admitted and made part of the record:

A) The application consisting of:

1. Comb Bound Book (11 x 17) includes:

a) existing conditions b) overall site plan and 1/12 detail plans c) drainage & utility - 1/12 detail plans d) grading & erosion control - 1/12 detail plans e) lighting & phometrics f) elevations g) sign plans h) landscape plan i) tree preservation plan

2. Letter of Timothy Konieczny, Robison, Curphey & O'Connel, regarding financial feasibility (January 15, 2002).

3. Annual Report of General Growth Properties for 2000.

4. Letter of Brian Geer, Mannik & Smith, regarding effects on surrounding property (January 18, 2002).

5. Traffic Impact Study (comb bound) (January 18, 2002).

6. Letter from Jean Hartline, subject: Traffic volumes on Fallen Timbers Lane (February 1, 2002).

7. Proposed Roadway and Intersection Improvements (11 x 17).

B) Letter from Building & Zoning Inspector, March 6, 2002. C) Letter from Administrator-Safety Director, March 8, 2002. D) Letter from Service Director, March 8 (Revised March 11), 2002. E) Letter From David Westrick, January 22, 2002. F) Letter from Anne Heintschel Thieman, February 6, 2002. G) Letter from John Phillip Jacqua, February 20, 2002. H) Petition of fourteen members of the Lower Muskingum Historical Society

Seconded by Mr. Kohler. Roll call: All members present voting yea, the Chair declared the motion carried.

The Administrator-Safety Director stated this is the largest single project in the City's history and the City has engaged a planning consultant who is preparing a cost/benefit analysis addressing the impact on the City's operations. He stated the planner suggested that a market impact analysis would aid in understanding the impact on the community of this development.

The Building & Zoning Inspector stated the site plan is essentially the same as in the prior application of 2001 with a different roadway configuration. He stated the application also differs in that the shopping center is submitted as one (1) building on one (1) lot.

The Service Director stated that roadway improvements are planned for two phases of construction and that a development agreement with the Lucas County Engineer is needed because there are significant improvements needed outside the City.

The Vice-Chairman administered the oath to all who would give testimony.

Louis Bucksbaum of General Growth Partners, Inc. (GGP) explained that the previously approved shopping center has been relocated in order to preserve Russel Road. He stated the traffic study has been updated and roadway improvements have been designed to accommodate the traffic projections for the shopping center and the projected development of approximately 450 acres to year 2010.

Mr. Bucksbaum stated that GGP wholly owns the Northwest Ohio Mall LLC and that GGP is a financially strong and successful developer and operator of more than 95 malls. He explained that 23 acres of parking has been added in the site plan to accommodate Maumee's parking requirements. And, he stated that GGP plans to sell the anchor store buildings to the tenants and add outlot stores and restaurants.

Rich Bertz, project engineer, presented a revised plan of roadway and intersection improvements. He stated that an additional bikeway to the Wabash Cannonball Bikeway will be added, provided that the necessary easement is obtained from the railroad company.

Ms. Rife asked about lack of improvements on Monclova Road south of U.S. 24. Mr. Bertz said he believed that only local, neighborhood traffic would affect that side of the intersection.

Mr. Konieczny, attorney for the applicant, stated his belief that the zoning code does not require a "market impact" study. He further stated his belief that the standard of "financial feasibility" is only "Will the project be constructed?"

Ms. Rife questioned the financial strength of the Northwest Ohio Mall LLC as a separate entity. Mr. Bucksbaum stated that GGP is the sole owner of the LLC.

Jeff Vanderhorst, 711 Pierce Street; George Snyder, 1046 Michigan Avenue; and Tom Leonard, 601 Northfield Drive, stated their support for the proposal citing the jobs created in the construction industry and the quality development as proposed.

Pauline Laurie, 124 E. Harrison Street; Bruce Huddleston, 4449 Thackeray Street; Arthur Graham, 5151 Jerome Road; Monica Bishop, League of Women Voters; and Dave Westrick, 220 W. Wayne Street, spoke in opposition to the application citing impact on the Maumee River of site runoff, results of an archeological study, lack of need for a mall, urban sprawl, and the impact of large scale retail on pollution, health, and the impending EPA requirement for vehicle emissions testing.

Teri Clement, 4745 Jerome Road; Elaine Abel, 5025 N. Jerome Road; and Mary Burns, 5231 Jerome Road, spoke of the need for buffering the residential area by mounding and landscaping, the need for improving Jerome Road, and the need for a cul-de-sac to be constructed at the south end of Jerome Road.

Joanne Wagner, 6357 Millbrook; Nancy Cramer, 219 W. John Street; Nancy Westrick, 220 W. Wayne Street; Bob Siebenaler, 640 Northfield Drive; Susan Heslop, 548 Thackeray Street; and Brian Tomko, 948 Joliet Drive;, spoke in opposition citing an overabundance of malls in Northwest Ohio, the increase in traffic in old Maumee, the cost of roadway improvements and the need for smart growth.

The Administrator-Safety Director stated that a feasibility study could be made of the development rather than the developer. He also stated that consideration of the previous application focused on the vacation of Russel Road and waiver of required parking and that the many issues, including the issue of "financial feasibility", was not fully explored.

Ms. Rife questioned if the courts have rendered decisions that might affect the interpretation of the code regarding "financial feasibility".

Mr. Chapman questioned the effects on surrounding areas and asked that the Law Director clarify to what extent the impact on surrounding areas may be considered.

Randy Melnick, Poggemeyer Design Group, (PDG), stated he is preparing an analysis of costs of City services and revenues from the proposed development. He stated he believes that a "market impact study" would help in consideration of this application as well as the proposed amendments to permitted uses in the C-M District.

Tim Konieczny exercised his right to question Mr. Melnick and clarify his role in the PDG analysis and development of proposed zoning code revision.

Mr. Konieczny and Mr. Bucksbaum stated their position that the application is complete and the requirements have been met and that the application should be approved.

Mr. McAllister stated he believes the issues that need further consideration are:

- excessive, though required, parking lot - shielding abutting residential areas - scope of traffic study - one building for one lot - bikeway easement - scope of financial feasibility

Ms. Rife moved to continue the public hearing to 7 p.m., March 25, 2002. Seconded by Mr. Chapman. Roll call: All members present voting yea, the Chair declared the motion carried.

Mr. Chapman moved to adjourn. Seconded by Mr. Kohler, carried v.v.

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Monday, April 22, 2002

The Municipal Planning Commission met on the above date and time with the following members present: Chapman, Hasbrook, Kohler, McAllister, Rife and Teifke (6); Mannik (1) absent. Vice- Chairman McAllister presiding.

Ms. Rife moved the minutes of the March 11, 2002, meeting be approved as mailed. Seconded by Mr. Kohler. Roll call: All members present voting yea, the Chair declared the motion carried.

The Chairman stated that, due to the many items on the agenda as a result of the cancellation of the March 25 meeting because of a winter storm emergency, the agenda would be rearranged. He stated the Commission would hear a presentation only by the Lutheran Homes Society of its proposal for a Planned Unit Development (PUD) at 2501 River Road. And, public hearings on amendments to C-M Zoning permitted uses and regulations for sexually oriented businesses would be postponed to the next regular meeting of the Commission.

The Chairman opened a public hearing on the application of the Lutheran Homes Society for a Planned Unit Development permit to allow construction of a 70 unit, senior housing development at 2501 River Road. The Secretary stated notice of the public hearing was published on March 23, 2002, and notices of the hearing were mailed to owners of property within 300 feet on April 10, 2002.

Terry Martell, architect, was administered the oath. Mr. Martell gave a general description of the project. He stated the site is 5.9 acres; there will be 70 one and two bedroom units; the building will be of brick with parking for 52 vehicles in front; and additional parking will be provided for twenty vehicles adjacent to the Senior Center at the rear; and the building will be set back 135 feet from River Road with a recessed entry at 185 feet from River Road.

Richard Chase, attorney for the applicant, was administered the oath. Mr. Chase stated the 70 units would be affordable housing with incomes limited to approximately $21,000 per year for a one bedroom unit and $27,000 for two bedroom unit and limited to persons 62 years or older. He stated no units were "market rate".

Mr. Hasbrook moved to continue the public hearing to the next meeting. Seconded by Mr. Chapman. Roll call: All members present voting yea, the Chair declared the motion carried.

The Chairman opened continuation of the public hearing on the application of Northwest Ohio Mall LLC for approval of a plan for a Shopping Center of Integrated Design north of U.S. 24 and west of Jerome Road (C-M Commercial-Industrial District).

Mr. Hasbrook moved the following exhibits be admitted and made part of the record:

Letter from Law Director McAdams dated April 22, 2002 Letters from Building & Zoning Inspector Wholf dated March 21 and two dated April 18, 2002 Letter from Administrator-Safety Director dated March 22, 2002 Letter from Mayor Wagener dated March 22, 2002 Letters from Metropolitan Park District Director Spengler dated March 21 and April 4, 2002 Letter from Ron Meyer, Lucas County Engineers dated March 4, 2002 Letters from Arthur Graham dated March 11 and 21, 2002 Letter from Anne Heintschel dated March 13, 2002 Letter from Mary Burns received March 15, 2002 Letter from Barbara Zilba dated March 22, 2002 Petition presented to Council on April 15, 2002 Petition from Belpre Historical Society EMail from Brian J. Tomko dated April 15, 2002 Letter of Tim Konieczny dated March 22, 2002

Seconded by Mr. Teifke. Roll call: All members present voting yea, the Chair declared the motion carried. The Chairman administered an oath to each person who provided testimony.

The Law Director stated the conditions in her letter are a compilation of items submitted by various agencies and that the developer has agreed to these conditions.

Tim Konieczny, attorney for the applicant, stated the applicant would like to proceed with on-site improvements prior to final plat approval. He also stated their interest in a waiver of excess parking subject to the approval of the Administrative Board.

Gary McBride, representative of the Metroparks, stated he believes the "financial feasibility" of the applicant is important and that General Growth Properties, Inc., (GGP) not being the applicant, should guarantee the successful completion of the mall and that oral testimony is not a guarantee.

David Westrick, 220 W. Wayne Street, stated his belief that the commissioners must get evidence of "financial feasibility". He referred to the authority provided by the State Code Section 713.02 to "control, preserve, and care for historical landmarks...".

Arthur Graham, 5151 Jerome Road, stated his belief that the Cost Benefit Analysis provided by Poggemeyer Design Group was biased in favor of the development, that he favored the proposal to limit "big box" development, and that any mall development should take place at Southwyck.

Jim O'Brian stated his belief that the applicant, as a "limited liability corporation", was established to insulate General Growth Properties, Inc., from any financial responsibility in completing the mall and that the financial strength of Northwest Ohio Mall LLC is very limited.

Louis Bucksbaum stated there are many guarantees for public improvements in the development agreement to be executed by the developer, the City and the County. He also stated that Northwest Ohio Mall LLC will not issue bonds but that GGP will provide short term financing and will combine this project with others for long term financing.

The Law Director stated the Municipal Code does not set for standards for such guarantees or financial feasibility.

Jane Tomko, 944 Joliet Drive stated she does not believe the anchor tenants have committed to this project and that the applicant should produce letters of such commitment.

Elaine Abel, 5025 Jerome Road, stated her need for features to limit the impact of the development on her residence.

Brian Tomko, 944 Joliet Drive; Nancy Cramer, 219 W. John Street; and Sarah Pfleghaar, 215 W. John Street, spoke in opposition to the application, citing increased traffic and financial feasibility questions.

Mr. Kohler move the public hearing be closed. Seconded by Mr. Hasbrook. Roll call: All members present voting yea, the Chair declared the motion carried.

Mr. Jezak called attention to the Law Director's letter and to conditions 11, 12, and 18, which refer to infrastructure improvements. He recommended the conditions as written. He also referred the need for attention to pedestrian and bicycle conflicts with vehicular traffic.

The Law Director stated the need for flexibility in the development agreement for undecided factors such as the exact location of bike paths. She also stated that if Northwest Ohio Mall LLC pursues a variance from required parking from the Administrative Board, a new site plan will be required.

Mr. Hasbrook stated his belief that the three standards for consideration are financial feasibility, impact on adjacent properties and impact of traffic and that the conditions in the Law Director's letter adequately address these issues.

Ms. Rife moved to continue the public hearing to the next meeting. Seconded by Mr. Chapman. Roll call: Chapman and Rife (2) voting yea; Hasbrook, Kohler, McAllister and Teifke (4) voting nay. The Chair declared the motion failed by a 2-4 vote

Mr. Chapman and Ms. Rife questioned the financial strength of Northwest Ohio Mall LLC and the legal connection to General Growth Properties.

Mr. Bucksbaum presented letters from himself as Senior Vice-President Development of General Growth Properties, Inc., and from Bernard Freibaum, Executive Vice-President/Chief Financial Officer both stating that construction will not commence until GGP has secured financing or dedicated sufficient assets to complete construction of the mall.

Mr. Hasbrook moved the letters be admitted into the record. Seconded by Ms. Rife. Roll call: All members present voting yea, the Chair declared the motion carried.

Mr. Chapman asked if such assurance could be given by action of the GGP Board of Directors. Mr. Bucksbaum indicated he believes this provides such assurance. The Chairman called for a 10 minute recess.

When the Commission reconvened, the Law Director suggested a letter of credit be issued in the City's favor to provide funding for site remediation should the project fail during construction.

Mr. Kohler stated he favors a waiver of the required parking for additional greenspace.

Mr. Konieczny stated the administration has indicated the site plan complies with the requirements of the code, however, the applicant would like to seek a waiver from the Administrative Board approximately 23 acres of required parking.

Ms. Rife moved to continue consideration to the next meeting. Seconded by Mr. McAllister. Roll call: yeas none, Chapman, Hasbrook, Kohler, McAllister, Rife and Teifke (6) voting nay. The Chair declared the motion failed by a 0-6 vote.

Mr. Chapman suggested language be added to support the reduction from the code required parking in favor of additional greenspace.

Mr. Hasbrook questioned if the application would then be subject to approval by the Administrative Board and also if the Commission could require an applicant to request a variance from a code requirement.

Mr. Hasbrook moved to recommend to Council approval of the application of Northwest Ohio Mall LLC for a permit for a Shopping Center of Integrated Design north of U.S. 24 and west of Jerome Road based on the site plan of January 16, 2002, subject to:

1.) The roadway improvements and timing shall be as in accordance with pages 8 through 11 of the report prepared by SSOE. The report recommends that the roadway improvements be conducted in two phases. Phase 1 improvements includes a connecting road from the Fallen Timbers Interchange to Monclova Road and improvements to the intersection at Monclova Road and U.S. 24. Phase 2 includes the widening of Monclova Road and additional traffic signals around the mall site. The phase 1 improvements shall be completed by opening day of the mall and phase 2 improvements shall be completed within two years of the opening of the Mall. The complete list of recommendations is attached to this letter as Exhibit A.

2.) The streetscape islands mentioned in recommendation number 5 of the SSOE report shall be constructed in accordance with the requirements of the City of Maumee and Lucas County Engineer.

3.) The developer shall contribute $500,000 toward the extension of the north-south connector road between Monclova Road and Maumee-Western subject to a development agreement with Lucas County. Said commitment shall be for a period not to exceed five (5) years from the date of mall opening.

4.) The unsignalized intersections at Power Center/Russell Road and Mall East 2/Northeast Connector shall be right in/right out only until the future signal is installed or until otherwise approved by the City of Maumee administration. This shall include any necessary control islands and signage.

5.) The intersection of the Russell Road Connector and the Northeast Connector shall be right in/right out only with necessary control island and signage. This will remain unsignalized until approved otherwise by the City of Maumee administration.

6.) The developer shall construct a 12' wide asphalt concrete bike path on the west side of North Jerome Road from the intersection of the Northeast Connector Road, Mall East 3 Road, and the entrance to the Battlefield Site to the Wabash Cannonball Trail, North Fork, in accordance with the site plan contained in Ronald Myers letter of March 4, 2002, attached as Exhibit B to this letter. The design of the bike path including safety railings, pavement markings, and signing, shall be in accordance with ODOT and local standards.

7.) The developer shall construct a 10' wide asphalt concrete bike path on the north side of Mall East 3 Road from North Jerome Road to the northeasterly side of the mall, in accordance with Exhibit B.

8.) The developer shall provide a bike/pedestrian access easement to a future railroad crossing connecting the mall to the Wabash Cannonball Trail, South Fork.

9.) A portion of Jerome Road is maintained by Monclova Township. The townships input on that portion of the improvements is required and shall be part of the development agreement between the Lucas County Engineer, the City of Maumee, and the developer.

10.) Roadway construction specifications, including geometrics, lane widths, pavement thickness, etc shall be determined by the Lucas County Engineer and City of Maumee.

11.) All improvements shall be 100% developer cost with necessary escrows or letters of credit in place prior to approval of a final plat. The developer shall enter into an agreement with the Lucas County Engineer and the City of Maumee for all roadway improvements. Said agreement shall be accompanied by the necessary escrow or letters of credit and shall be in place prior to any site development or construction.

12.) A preliminary plat shall be submitted to the Municipal Planning Commission prior to the commencement of construction on any infrastructure improvements. The plat to be filed shall meet all the requirements of Chapter 1165 Subdivision Requirements of the Zoning Code of the City of Maumee.

13.) Water supply and sanitary sewer within this area are under the jurisdiction of the Lucas County Sanitary Engineer. Those utilities are subject to the review and approval of that agency. The developer shall enter into an agreement with the Lucas County Commissioners for the improvements to the water and sanitary sewer. Said agreement shall be accompanied by an escrow or letter of credit and shall be in place prior to final plat approval.

14.) Storm drainage, including ponds, discharge allowances, and grading, shall be subject to the review and approval of the City of Maumee Director of Public Service and the Lucas County Engineer.

15.) The Landscape Plan appears to meet the requirements of the Maumee Municipal Code. Trees and plant material shall be installed and maintained in accordance with the plan prior to granting of an occupancy permit. The developer will explore the usage of native plant materials in the landscape plan with the Director of Public Service.

16.) A Designated Woodland exists within the area of the proposed mall. The developer has requested a permit for partial clearing from the Commissioner of Public Service in accordance with Section 966.142 of the Maumee Municipal Code. The submittals are in compliance with the municipal code and the permit shall be granted in compliance with the code.

17.) The proposed Northeast Connector appears to traverse a Designated Woodland per Section 966.141 of the Maumee Municipal Code. The developer shall follow the requirements Sections 966.141 through 966.145 of the Maumee Municipal Code if this woodland is to be disturbed.

18.) A development agreement setting forth (a) the required road improvements listed in this letter, and (b) any additional offsite improvements which are mutually agreed upon between the developer and the City of Maumee shall be entered into between the developer, the City of Maumee, and the Lucas County Engineer prior to any site development or construction. The development agreement shall also set forth the schedule of construction of such improvements and the responsibility for the costs thereof.

19.) The developer shall pay one-half of the cost of a traffic study, to be performed by a consultant retained by the City, addressing available courses of action which can be undertaken to mitigate the effects of cut-through traffic on: (a) the Old Maumee residential neighborhoods west of Conant Street; (b) West Wayne Street; (c) River Road; and (d) the intersection of West Wayne Street and the Anthony Wayne Trail.

20.) Fire lanes shall be marked on the plans in accordance with the direction of the Chief of Fire Prevention.

21.) All signage shall comply with the requirements of the Maumee Sign Code and with the C-M District regulations

22.) No alteration, omission, or deletion of the terms or conditions of the permit shall be made unless an application for amendment is submitted pursuant to Section 1101.02 of the Zoning Code and processed as a new request.

23.) Council shall revoke any occupancy permit issued under the permit if Council finds that the use is not being established or maintained in accordance with the terms and conditions of the permit. The permit holder shall be given reasonable notice and hearing prior to any revocation.

24.) The applicant shall execute a written acceptance of the terms and conditions of the ordinance granting the permit and consent to be bound thereby.

25.) All costs incurred by the City in connection with this permit are to be paid by the developer to the City, including the costs of legal advertising, engineering, planning consultants, and legal fees, prior to the issuance of any building permits 26.) The applicant shall provide a letter of credit in the City’s favor in the amount of $500,000 for use by the City in site remediation should construction begin and subsequently halt for a period of two years.

Seconded by Mr. Kohler. Mr. Chapman suggested language be added to support the reduction from the code required parking in favor of additional greenspace.

Mr. Hasbrook questioned if the application would then be subject to approval by the Administrative Board and also if the Commission could require an applicant to request a variance from a code requirement.

Mr. Chapman moved to amend the motion to add to condition number 26 "and to recommend to the Administrative Board and Council approval of parking and loading dock waivers as previously presented and to recommend to the Administrative Board and the applicant to negotiate additional open space and greenspace in any waiver of parking requirements". Seconded by Mr. Kohler. Roll call: All members present voting yea, the Chair declared the amendment carried.

The Chairman asked for a vote on the amended motion. Roll call: All members present voting yea, the Chair declared the motion carried.

The Chairman opened a public hearing on the application of Toledo Sign Co. for amendments to Special Use and Shopping Center of Integrated Design permits for changes in building signage for Cornerstone Church at 1520 Reynolds Road.

Mr. Hasbrook moved the letter of the Building & Zoning Inspector of April 18, 2002, be admitted and made part of the record. Seconded by Mr. Chapman. Roll call: All members present voting yea, the Chair declared the motion carried.

The Building & Zoning Inspector stated the parking lot signs with the church logo have been approved by City Council and that the building signs are the same or smaller size than before.

Mr. Hasbrook moved the application of Toledo Sign Co. for amendments to Special Use and Shopping Center of Integrated Design permits for changes in building signage as presented for Cornerstone Church at 1520 Reynolds Road be approved. Seconded by Ms. Rife. Roll call: All members present voting yea, the Chair declared the motion carried.

Mr. Teifke moved to adjourn to Tuesday, May 28 at 7 p.m. Seconded by Mr. Kohler, carried v.v.

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Monday, May 28, 2002

The Municipal Planning Commission met on the above date and time with the following members present: Chapman, Kohler, Mannik and Teifke (4); Hasbrook, McAllister and Rife (3) absent. Chairman Mannik presiding.

Mr. Teifke moved the minutes of the April 22, 2002, meeting be approved as mailed. Seconded by Mr. Kohler. Roll call: All members present voting yea, the Chair declared the motion carried.

The Chairman opened the continuation of a public hearing on the application of Lutheran Home Society (LHS) for a Planned Unit Development permit to allow construction of a 70 unit, senior housing development at 2501 River Road. The chairman administered the oath to each person who presented testimony.

Letters from the Service Director (April 18, 2002), the Chief of Fire Prevention (May 3, 2002), Councilman Buehrer (March 19, 2002), and the President of the Lutheran Homes Society (March 26), were read. Ms. Rife arrived at this time.

Richard Chase, attorney for the applicant, stated the project is to build 70 one and two-bedroom apartments. Terry Martell, architect for the project, stated the two-story brick and stone building is a georgian style. He stated 53 parking spaces are required and 72 are provided with twenty of those in a lot close to the City's Senior Center.

Mr. Chase stated no market rate units are included due to the additional equity that would be required to do so. David Schellhase, Lutheran Home Society, stated that LHS's experience shows most residents come from nearby neighborhoods although restrictions cannot be used to exclude non-Maumee applicants.

Chuck Reynolds, 1516 River Road, stated his belief that subsidized housing is not needed. He said that nearly one-third of the apartments in buildings he operates are occupied by seniors and that there are current and planned vacancies in 46 units. He also said a project for low income tenants does not fit in this neighborhood.

Jo Ann Brell, 713 River Glen, stated that this and the Riverside Commons will nearly double the households in the area south of Detroit Avenue.

James Medley, 721 Carew Lane, expressed concern for traffic.

The Service Director described a street improvement project is planned for Carew Lane.

Joseph Ballmer, Riveside Commons, stated his opposition to the project and noted that the City's Comprehensive Plan includes Low Income Housing only west of St. Luke's Hospital. He also stated the code requires "screening" of parking areas from adjacent residential areas and that parking should be in the rear. He referred to the standard that the architecture be "compatible" and stated his belief that it has not been met and that the building orientation should be turned 90 degrees. Mr. Ballmer also referred to the two step approval process for a Planned Unit Development permit and asked that it not be abridged. He also stated his objection to the storm water detention area in front of the parking area and to the HVAC vent louvers on each unit.

Mr. Martell stated the appearance of louvers is minimized by the exterior design and that they conceal the view of air conditioning equipment. He stated the parking was located in front for security and to limit walking distances.

Mr. Kohler, Mr. Chapman, and Ms. Rife expressed concern for parking, screening, traffic, and storm water detention. Mr. Kohler was excused at this time.

Mr. Chapman moved the public hearing be continued to 7 p.m. on June 24, 2002, to allow the applicant to address the concerns raised regarding the site plan. Seconded by Ms. Rife. Roll call: All members present voting yea, the Chair declared the motion carried.

The Chairman opened the continuation of a public hearing on a proposal to amend the permitted uses in C-M Commercial Industrial District.

The Administrator/Safety Director requested the commission act on this request ahead of the general revision of the Zoning Code that would be submitted soon.

Mr. Chapman and Mr. Teifke expressed concern for acting on a single issue that has limited impact.

Ms. Rife moved the public hearing be continued to 7 p.m. on June 24, 2002. Seconded by Mr. Chapman. Roll call: All members present voting yea, the Chair declared the motion carried.

The Chairman opened a public hearing on proposed Zoning Code amendments concerning sexually oriented businesses.

The Building & Zoning Inspector stated the code does not have any restrictions for sexually oriented businesses at this time.

The Law Director stated the proposal has been revised slightly and the administration recommends a 1,000 foot minimum of any such building from a school, residential area, or church.

Ms. Rife moved to close the public hearing. Seconded by Mr. Chapman. Roll call: All members present voting yea, the Chair declared the motion carried.

Ms. Rife moved to recommend to Council approval of amendments dated April 18, 2002, to 1103 and 1127 of the Zoning Code to regulate sexually oriented businesses including a 1,000 foot minimum distance from school, church or residential area. Seconded by Mr. Mannik. Roll call: All members present voting yea, the Chair declared the motion carried.

Mr. Teifke moved to adjourn to 7 p.m., June 24, 2002. Seconded by Ms. Rife, carried v.v.

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Monday, June 24, 2002

The Municipal Planning Commission met on the above date and time with the following members present: Chapman, Hasbrook, Mannik, McAllister and Rife (5); Kohler and Teifke (2) absent. Chairman Mannik presiding.

Ms. Rife moved the minutes of the May 28, 2002, meeting be approved as mailed. Seconded by Mr. Chapman. Roll call: All members present voting yea, the Chair declared the motion carried.

The Chairman opened the continuation of a public hearing on the application of Lutheran Homes Society, Inc., (LHS) for a Planned Unit Development (PUD) permit to allow construction of a 70 unit, senior housing development at 2501 River Road. The Chairman administered an oath to each person who presented testimony.

Letters from the Building & Zoning Inspector and the Service Director were read. A letter from Charles Reynolds opposing the project was read.

Terry Martell, architect for LHS, presented the revised site plans showing the relocation of a portion of the parking from in front of the building to behind the building, the addition of a drive to the rear parking area, the redistribution of storm water detention areas, and the addition of landscape screening.

Joseph Ballmer, 605 Bennington Drive, presented a statement objecting to the application. He emphasized that the development is not compatible with the neighborhood or the City's land use Master Plan.

Ms. Rife moved to close the public hearing. Seconded by Mr. Chapman. Roll call: All members present voting yea, the Chair declared the motion carried.

Mr. Martell asked the Commission to consider the application for final plan approval. The Law Director stated the code sets out a two step approval process for a PUD permit.

Mr. Hasbrook moved to recommend to Council approval of the preliminary plan of LHS for a Planned Unit Development permit to allow construction of a 70 unit, senior housing facility at 2501 River Road according to the revised plans. Seconded by Mr. McAllister. Roll call: All members present voting yea, the Chair declared the motion carried.

The Chairman opened the continuation of a public hearing on a proposal to amend the permitted uses in C-M Commercial Industrial District.

The Law Director reported that the draft proposal of a revised Planning and Zoning Chapter has been presented to various interest groups within the city. She stated that the proposal is a broad review and does not focus on the C-M permitted use proposal.

Mr. Chapman and Mr. McAllister reported that a meeting was held with owners of property zoned C-M Commercial-Industrial. They reported the owners were concerned with various aspects of the zoning code review.

Mr. Hasbrook moved to continue the public hearing to the next regular meeting of the Commission. Seconded by Mr. Mannik. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from Christopher and Denise Waite requesting a modification to the Hyde Park Planned Unit Development permit to allow construction of a 12' x 17' three-season patio room was read.

Mr. Hasbrook moved the request be declared a major modification and that a public hearing be set for 7 p.m. July 22. Seconded by Mr. Chapman. Roll call: All members present voting yea, the Chair declared the motion carried.

Ms. Rife moved to adjourn to 7 p.m., July 22, 2002. Seconded by Mr. Mannik, carried v.v. 

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Monday, July 22, 2002

The Municipal Planning Commission met on the above date and time with the following members present: Chapman, Hasbrook, Mannik, and Teifke (4); Kohler, McAllister, and Rife (3) absent. Chairman Mannik presiding.

Mr. Hasbrook moved the minutes of the June 24, 2002, meeting be approved as mailed. Seconded by Mr. Chapman. Roll call: All members present voting yea, the Chair declared the motion carried.

The application of Christopher and Denise Waite, 1736 Christopher Lane, for a major modification of the Hyde Park Planned Unit Development (PUD) was read. The Secretary reported that a notice of a public hearing tonight on the application was mailed to owners of property within 300 feet on July 12.

Mr. Kohler arrived at this time.

The Chairman opened the public hearing.

Robert Head, 417 Christopher, stated that he supports the application.

The Building & Zoning Inspector stated there are no waivers needed for this proposal.

No one else spoke in favor of or in opposition to the application. The Chairman closed the public hearing.

Mr. Hasbrook moved the commission recommend to Council approval of the application of Christopher and Denise Waite to allow construction of a three season, 12' x 17' room addition at 1736 Christopher Lane with siding and roof to match the house. Seconded by Mr. Teifke. Roll call: All members present voting yea, the Chair declared the motion carried.

The Building & Zoning Inspector stated that a revised draft or working copy of a proposed zoning code revision has been prepared by the consultant.

The Law Director requested that any input from the commissioners is welcome and the suggested close review of chapters dealing with site plan review, conditional uses and landscaping. She stated these are generally written to provide maximum flexibility for the commission, but they also may be too far reaching.

Mr. Chapman requested additional input be sought from various interest groups and individuals before being presented to City Council.

Mr. Hasbrook moved to adjourn to Monday, August 26, at 7:00 p.m. Seconded by Mr. Chapman, carried v.v.

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Monday, November 25, 2002

The Municipal Planning Commission met on the above date and time with the following members present: Chapman, Hasbrook, Kohler, McAllister, Rife and Teifke (6); Mannik (1) absent. Vice-Chairman McAllister presiding.

Mr. Teifke moved the minutes of the July 22, 2002, meeting be approved as mailed. Seconded by Mr. Kohler. Roll call: All members present voting yea, the Chair declared the motion carried.

The application of the Lutheran Homes Society for final approval of application for Planned Unit Development permit to allow construction of a 70 unit, two-story senior housing facility at 2501 River Road was presented. The Secretary stated the applicant has requested a hearing on December 30 or as soon as practical.

Mr. Kohler moved a public hearing be set for January 13, 2003, at 7:00 p.m. Seconded by Mrs. Rife. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Secretary of the Planning Commission approving a minor modification of the Hyde Park PUD to allow construction of a patio and arbor at 1910 Somerville Court was read. He stated the approval was made according to the Commission’s Resolution 2–1999.

Mr. Hasbrook moved the letter be placed on file. Seconded by Mr. Kohler. Roll call: All members present voting yea, the Chair declared the motion carried.

Mr. Kohler moved to adjourn to Monday, January 13, 2003, at 7:00 p.m. Seconded by Mr. Teifke, carried v.v.