Municipal Planning Commission 2003 Meeting Minutes 
Monday, January 13, 2003

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.

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

Mr. Hasbrook nominated Mr. McAllister for chairman and Mr. Teifke for vice-chairman for the years 2003 and 2004. Seconded by Mr. Chapman. Roll call: All members present voting yea, the Chair declared the motion carried. Mr. McAllister assumed the Chair.

Mr. Mannik announced that he is retiring from the Commission at the end of this meeting after having served continuously since January 25, 1993.

The Chairman asked the status of the application of Lutheran Homes Services for approval of the final plan for a Planned Unit Development (PUD) at 2501 River Road. Law Director McAdams reported that a referendum petition on Ordinance 197-2002, Approval of the Preliminary Plan for a PUD, was filed and has been certified by the Board of Elections as having sufficient signatures to place the issue on the ballot. Accordingly, Ordinance 197-2002 is not in effect. She also stated that a challenge is expected to that certification and that she hopes that that issue is resolved in the next few weeks. She recommended the Planning Commision table the application until the regular meeting in February.

Mr. Kohler moved to table the application of Lutheran Homes Services for approval of the final plan for a PUD at 2501 River Road until February 24, 2003, at 7:00 p.m. Seconded by Mrs. Rife. Roll call: All members present voting yea, the Chair declared the motion carried.

Mr. Mannik moved to adjourn to February 24, 2003, at 7:00 p.m. Seconded by Mrs. Rife, carried v.v.

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Monday, February 24, 2003

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

Mr. Kohler moved the minutes of the January 13, 2003, meeting be approved as mailed. Seconded by Mr. Teifke. Roll call: All members present voting yea, the Chair declared the motion carried.

The oath of office was administered to Thomas Yurysta who was appointed to an unexpired term ending December 31, 2004.

The Chairman opened the 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. The Secretary reported that notice of the public hearing was mailed to owners of property with 300 feet on January 23, 2003, and was published in the Blade on January 25, 2003

Letters from the Service Director (January 9, 2003) and the Building and Zoning Inspector (January 9, 2003) were read.

Terry Martell, architect for the project, described the location of the proposed two-story brick and stone building and general elements of the site plan.

No one else spoke in favor of or in opposition to the application.

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

Mr. Hasbrook moved to recommend to Council approval of the final plan for a Planned Unit Development (PUD) permit to allow construction of a 70 unit, two-story senior housing facility at 2501 River Road according to the plans as filed. Seconded by Ms. Rife. Roll call: Chapman, Hasbrook, Kohler, McAllister, Rife, and Teifke (6) voting yea, none (0) voting nay, Yurysta (1) abstaining, the Chair declared the motion carried by a 6-0 vote.

The Law Director described the status of the proposed amendments to the Zoning Code that Council has referred to its Code Committee stating that the proposal should soon be referred to the Commission for study and recommendation.

Mr. Kohler moved to adjourn to 7 p.m., March 24, 2003. Seconded by Mr. Teifke. Motion carried v.v.

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Monday, April 28, 2003

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

Mr. Hasbrook moved the minutes of the February 24, 2003, meeting be approved as mailed. Seconded by Mr. Teifke. Roll call: All members present voting yea, the Chair declared the motion carried.

The Chairman opened a public hearing on the application of Patrick G. Wambo for major modification of the Hyde Park Planned Unit Development permit to allow construction of an eighteen by twenty foot room addition at 417 Kent Court. The Secretary stated notices of the hearing were mailed to owners of property within 300 feet on April 22. The Chairman informed Mr. Wambo he has the right to have testimony under oath. Mr. Wambo waived the right to sworn testimony.

Mr. Wambo stated he wishes to construct a one story room addition measuring eighteen feet by twenty feet. No one else spoke in favor of or in opposition to the application.

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

Mr. Hasbrook moved the Commission recommend to Council the request for major modification of the Hyde Park PUD permit to allow an eighteen by twenty foot addition at 417 Kent Court be approved with the condition that the building materials match the existing house. Seconded by Mr. Yurysta. Roll call: All members present voting yea, the Chair declared the motion carried.

Mr. Teifke moved to adjourn until Tuesday, May 27, 2003, at 7 p.m. Seconded by Mr. Hasbrook. Motion carried v.v.

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Monday, July 14, 2003

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

Chairman McAllister presiding.

Mr. Kohler moved the minutes of the February 24, 2003, meeting be approved as mailed.  Seconded by Mr. Yurysta.  Roll call:  All members present voting yea, the Chair declared the motion carried.

The application of Care Enterprises, Inc., (St. Luke's Hospital) for a special use permit to allow a day care facility at 5759 Monclova Road (behind Fallen Timbers Medical Center) was presented.

Mr. Kohler moved a public hearing be set for August 25, 2003, at 7:00 p.m.  Seconded by Mr. Teifke.  Roll call:  All members present voting yea, the Chair declared the motion carried.

An application of the City of Maumee for a Conditional Use permit to allow construction of an outdoor swimming pool at 2029 Cass Road (Rolf Park) was presented.

The Service Director presented the site plan for a 9,500 square foot outdoor swimming pool facility at Rolf Park at 2029 Cass Road.  He stated the existing tennis and volley ball courts and mounding will be removed and parking will be expanded.  He described the pool facility as having a zero entry area, a large slide area and a five lane lap area along with changing rooms, concession stand, restrooms, and office/mechanical rooms.  Consultants project construction costs in excess of $4,000,000 and operating costs at $375,000 with an operating deficit of $40,000-$50,000.  Mr. Gamble stated completion is targeted at July 4, 2004.  Alternate parking lot configurations with presented with the preferred layout showing 534 spaces (an increase of 109 over the current capacity).  He also discussed the pattern of usage by softball and soccer patrons and the impact of adding a swimming program.

Mr. Yurysta suggested a dedicated aisleway for pool drop offs and a walkway and bike path to the pool entrance.  Mr. McAllister expressed concern for parking and for alternatives to add additional spaces, if that is necessary.  Mr. Teifke stated his belief that tree islands in the parking area are needed.

Ray Benjamin, 509 Thackeray, questioned if parking was sufficient.

Martin Fagans, 325 E. Dudley Street, said he believed lighting the ball diamonds will allow greater flexibility in scheduling softball and relieve some demand for parking when softball tournaments are scheduled.

Mr. Kohler moved to recommend to Council approval of a conditional use permit to allow construction of the outdoor swimming pool facility at Rolf Park subject to:

            1)         including in the plans a bikeway and walkway to the pool,

            2)         providing a contingency plan for the development of additional parking, if needed,

            3)         providing a contingency plan for additional trees within the parking areas, and

            4)         providing an alternative traffic plan with a dedicated aisleway from the entrance to the pool.

Roll call:  All members present voting yea, the Chair declared the motion carried.

Mr. Kohler moved to adjourn until Monday, August 25, 2003, at 7 p.m.  Seconded by Mr. Teifke.  Motion carried v.v.  

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Monday, August 25, 2003

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

The Secretary reported that a correction to the minutes as mailed of the meeting of July 14, 2003, is needed.  He stated the minutes approved on July 14 were those of the April 28, 2003, meeting.

Mr. Hasbrook moved the minutes of the July 14 meeting be approved with the correction noted above.  Seconded by Mr. Yurysta.  Roll call:  All members present voting yea, the Chair declared the motion carried.

The Chair opened a public hearing on the application of Care Enterprises, Inc., for a Special Use permit to allow operation of a child care facility at 5759 Monclova Road.  The Secretary stated notice of the public hearing was made at the July 14, 2003, meeting.

David Bates, architect for the applicant, waived sworn testimony and described the proposed use.  He stated the facility is large enough to accommodate 46 children and will be licensed by the State.  He described a fence to be added to the west side of the rear play area and the addition of trees to supplement the existing landscaping.  He said the day care would be open from approximately 6 a.m. to 11 p.m. and the service would be operated by the Lucas County Educational Service Center.

No one else spoke in favor of or in opposition to the application.

Mr. Yurysta moved to close the public hearing.  Roll call:  All members present voting yea, the Chair declared the motion carried.

Mr. Hasbrook moved to recommend to Council approval of the application of Care Enterprises, Inc., for a Special Use permit for a day care facility at 5759 Monclova Road.  Seconded by Ms. Rife.  Roll call:  All members present voting yea, the Chair declared the motion carried.

A proposed lot split by Mr. & Mrs. Durham, 2214 River Road, was presented.  The existing parcels are a group of lots and vacated Second Street right of way south and west of Hollister Street.  The proposed lot has frontage of 43 feet where eighty feet is required by the subdivision regulations within an R-1 Residential district.  The depth to width ratio is approximately 13:1 where 3.5:1 is required by the subdivision regulations.  The proposed new lot is 1.47 acres.

The Building & Zoning Inspector stated the Administrative Board approved the proposed split provided the front yard set back be 145 feet.  He stated that, at 145 feet, the width of the parcel increases to 73 feet, maximum width is eighty feet and the depth is 978 feet.

Mr. Hasbrook moved the proposed lot split from the easterly side of a lot (Auditor's parcel numbers 36-01959 and 36-01949) south of Hollister Street be approved subject to a front yard set back of 145 feet.  Seconded by Mr. Yurysta.  Roll call:  All members present voting yea, the Chair declared the motion carried.

The proposed revision to the Planning and Zoning Code section dealing with Site Plan Review and Design Standards was presented.  The Law Director stated the proposal was prepared by an ad hoc committee composed of members of Council, Planning Commission, administration, developers, and residents.  She stated that, while this section could not be implemented prior to other revisions, the Commission could begin its review of the proposal.

Ms. Rife moved a public hearing on proposed Site Plan Review and Design Standards be set for October 27, at 7 p.m.  Seconded by Mr. Yurysta.  Roll call:  All members present voting yea, the Chair declared the motion carried.

Mr. Hasbrook moved to adjourn until Monday, September 22, 2003, at 7 p.m.  Seconded by Ms. Rife.  Motion carried v.v.  

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Monday, October 27, 2003 

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

Vice-Chairman Teifke presiding. 

Mr. Kohler moved the minutes of the August 25, 2003, meeting be approved with the correction noted above.  Seconded by Mr. Yurysta.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

Letters from Harry McAllister and George Chapman were presented wherein each resigned from the Planning Commission effective immediately.  Mr. McAllister has served the City since his appointment on December 10, 1982; and Mr. Chapman, since December 19, 1988.  Mr. Kohler moved the letters be placed on file.  Seconded by Mr. Yurysta.  Roll call:  All members present voting yea, the Chair declared the motion carried.

 The Chair opened a public hearing on proposed changes to the zoning code which would add a new chapter “Site Plan Review and Design Standards”.  The Secretary reported that notice of the public hearing was published September 23, 2003.  

A letter from the Law Director was read.  The Law Director also stated that she had provided to the Commissioners a revised proposed ordinance saying that there were many technical corrections to the draft forwarded from Council in September.  She stated the proposal is the product of a joint effort of the City administration, local developers, and public interest groups.  She recapped the proposed changes stating that Shopping Centers of Integrated Design and Special Use Permit controls would now fall under this new chapter.  She also presented a flow chart displaying what types of applications required approval by the Administrative Board, Uptown Design Review Board, and the Municipal Planning Commission.  She pointed out that applications for buildings less than 30,000 square feet and not requiring a traffic study could be approved administratively in some cases. 

Mr. Hasbrook moved the public hearing be continued to November 24, 2003.  Seconded by Mr. Yurysta.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

A proposal for a new section in the zoning code, Fallen Timbers Overlay District (FTO), and the designation of all property west of Jerome Road as within the district and related changes to the district map was presented. 

The Administrator stated the overlay district is compatible with the Master Plan and recognizes the battlefield historic site which had not been discovered at the time that the Master Plan was last updated.  He stated the FTO excludes the battlefield area and limits retail development to a maximum 50% of the FTO area and provides for a mounded buffer zone adjacent to Jerome Road. 

Mr. Kohler noted the changes are extensive and asked how the administration’s concerns for a shopping mall are addressed.  The Administrator stated that, without the FTO, C-M zoning does not limit a single allowed use.  He added that limiting retail development to 50% of the area goes a long way to limiting service burdens and concerns for increased vehicular traffic. He added that the controls provided by the FTO represents a balance of the City’s interests with the rights of property owners. 

Mr. Yurysta asked about a business’s classification as retail or non-retail.  The Administration stated that definitions were agreed upon in order to interpret uses. 

Mr. Kohler moved to set a public hearing for November 24 to consider the Fallen Timbers Overlay District amendment to the Zoning Code.  Seconded by Mr. Yurysta.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

The application of St. Paul’s Lutheran Church for a conditional use permit in the 100 block of East Broadway Street to allow construction of an addition and renovations to the church in the 100 block of East Wayne Street was presented. 

Letters from the Building Inspector and the Service Director were read.  The applicant waived sworn testimony. 

Bob Haslet, architect, and Michael Kennedy, building committee chairman, described the project which would expand the church and provide off street parking adjacent to the building. 

Mr. Hasbrook expressed concern for the appearance of the large parking area and a garage in the middle of the lot.  The Building Inspector stated the garage was not included in the approval of the Uptown Design Review Board because the building was withdrawn by the applicant. 

Mr. Kent Buehrer, architect, stated the landscaping is similar to that at the Maumee branch of the Toledo-Lucas County Library. 

Ms. Rife expressed concern for the large amount of asphalt and the limited screening and landscaping.  Mr. Hasbrook stated that, in lieu of decorative fencing, he believes an irrigation system should be included to assure the plantings thrive. 

Mr. Hasbrook requested the applicant address landscaping, screening, and irrigation concerns.  Mr. Hasbrook moved to continue consideration on November 24, 2003.  Seconded by Mr. Yurysta.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

The application of Ron Crum, Beilharz Architects, for amendment of a Special Use Permit for a filling station at 722 Conant Street to allow operation of a convenience store and replacement of signage was presented. 

Mr. Kohler moved a public hearing be set on the application for November 24, 2003.  Seconded by Mr. Yurysta.  Roll call:  All members present voting yea, the Chair declared the motion carried.

The application for preliminary plat approval for Riverside Estates (3.9711 acres at River Road and Farrer Street) was presented.  The secretary stated a representative of the applicant had requested the matter be deferred to the next regular meeting. 

Mr. Kohler moved the matter be continued to November 24 meeting.  Seconded by Ms. Rife.  All members present voting yea, the Chair declared the motion carried. 

Zac Isaac, Isaac Land Developments, Ltd., stated he supports the changes to the zoning code for Site Plan Review and Design Standards and the Fallen Timbers Overlay District in which he is a property owner.  He stated he has agreed to the moratorium on the issuance of building permits affected by the proposed sections. 

Mr. Kohler moved to adjourn until Monday, November 24, 2003, at 7 p.m.  Seconded by Mr. Yurysta.  Motion carried v.v.

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Monday, November 24, 2003

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

The Chair administered the oath of office to Charles Carr and Scott Cunningham who were appointed to fill unexpired terms ending December 31, 2007 and December 21, 2006, respectively. 

Mr. Yurysta moved the minutes of the October 27, 2003, meeting be approved as mailed.  Seconded by Ms. Rife.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

Mr. Kohler arrived at this time. 

The Chair opened the continuation of the public hearing on the application of St. Paul’s Lutheran Church for a conditional use permit in the 100 block of E. Broadway Street to allow construction of an addition and renovations to the church at 112 E. Wayne Street, which was continued from the October 27, 2003, meeting. 

A letter from the Service Director regarding a revised site plan submitted by the applicant was read.  He stated his concern for visibility at the intersection of Gibbs and East Broadway Streets due to mounding and shrubbery. 

Kent Buehrer, architect for the applicant, described the landscaping revisions to the plan.  He also presented comparisons of landscaping and setbacks at parking lots at churches, the library and other locations in the uptown area.  Mr. Buehrer stated parking lot lighting in “period” style was specified as an alternate because of superior control of spillover in modern designs and projected excess cost of “period” designs. 

Mr. Buehrer stated the parking lot was designed with a landscape island at the east end in order to allow for public gatherings at the western end.

Vernon Weirman, landscape architect, described the plants specified as varieties of yews and boxwoods selected for Northwest Ohio’s climate. 

Jim Mugler, 205 East Broadway Street, stated his concern for light spillover and traffic. 

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

The administrator stated his concern for conformance with the theme of  “period” lighting, exposed aggregate sidewalks, and stamped concrete (blue stone) established in the uptown area. 

Mr. Kohler expressed concern for the additional cost that could be a burden to this “non-profit” organization by requiring such. 

Roger Miller, pastor of St. Paul’s, stated he believes the plan was designed to minimally impact the neighbors. 

Mr. Hasbrook moved to recommend approval of St. Paul’s Lutheran Church application for a conditional use permit to allow construction of a parking lot and building improvements at 100 block of East Broadway and Wayne Streets according to the revised site and landscape plan for the corner of Gibbs and East Broadway Streets as approved by the Service Director. The matter of adding “period” light poles and fixtures would be referred to Administration.  Roll call:  Cunningham, Hasbrook, Kohler, Rife and Teifke (5) voting yea; Carr and Yurysta (2) voting nay.  The Chair declared the motion carried by a 5-2 vote. 

The Chair opened a public hearing on the application of Hassan Harajli for a Special Use Permit to allow operation of a filling station and convenience store at 722 Conant Street.   

The Secretary stated a notice of the public hearing was published in The Blade on October 25, 2003. 

A letter from the Building and Zoning Inspector recommending the curb cuts closest to the intersection be closed, and that exposed aggregate sidewalks and stamped concrete (blue stone) be included as conditions of approval.   

A letter from the Service Director recommending certain trees be retained and landscape plan changes be subject to his approval. 

The applicant stated the limitations of the existing site improvements make closure of the curb cuts burdensome.  He stated that fuel deliveries by semi-tractor trailer tank trucks would not be possible without access via these curb cuts.  He also noted that while trucks may clear the canopy, vehicles at the pumps would obstruct movement of the trucks making fuel deliveries. 

The Building and Zoning Inspector noted that use for a convenience store would generate more vehicle trips and use of the curb cuts will increase. 

The Administrator stated that one streetlight is adjacent to the property and recommended that “period lighting” be required. 

Discussion also centered on limiting traffic movements at the subject curb cuts to “right turn only”.  However, law enforcement of this stipulation would not be allowed. 

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

Mr. Carr moved to recommend approval of the application of Hassan Harajli for a Special Use Permit to allow operation of a filling station and convenience store at 722 Conant Street subject to installation of exposed aggregate sidewalks with stamped concrete (blue stone) up to the curb and approval of landscape plan by the Service Director.  Seconded by Mr. Kohler.  Roll call:  Carr, Hasbrook, Kohler, Rife and Teifke (5) voting yea; Cunningham and Yurysta (2) voting nay.  The Chair declared the motion carried by a 5-2 vote. 

A plat proposed by Steve and Dan Sczesny for four acres on the north side of River Road west of Farrer Street was presented. 

Letters from the Service Director and the Building and Zoning Inspector were read. 

George Oravecz, engineer representing the applicant, stated the applicant has requested large single family lots and hopes to sell a 1½ acre lot to the Lucas County Maumee Valley Historical Society for its use.  He proposed that with the Sczesny’s providing the plans and storm sewer improvements, the City should assess for or pay for one-half of the paving cost of Farrer Street.  He also stated that, in meetings with City officials, the Fire Chief agrees that a T-turnaround is sufficient for the fire service.  Cost of the paving is estimated to be $68,000.  He stated one-half of the paving would be approximately $34,000 or $55 per front foot.

Dan Sczesny stated he hopes to sell eight buildable lots from 13,600 to 16,978 square feet at affordable prices. 

The Administrator stated his belief that the financial participation of the City in the improvement of Farrer Street is beyond the scope of the Planning Commission.  The Building and Zoning Inspector stated that he believes no hardship or unusual conditions exist at this site to warrant variances from the regulations for plat approval. 

Mr. Oravecz stated the street is currently improved and neighboring streets have no cul-de-sacs constructed. 

Mr. Kohler noted that developers typically are required to construct improvements according to current standards rather than according to neighboring conditions. 

Mr. Oravecz requested that consideration of the application be continued to the next meeting of the Commission. 

Mr. Kohler moved the application be continued to the next regular meeting.  Seconded by Mr. Hasbrook.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

The Chair opened the continuation of a public hearing on proposed changes to the Zoning Code adding a new chapter, “Site Plan Review and Design Standards” continued from October 27, 2003.  The Assistant Law Director stated that two additional changes are needed to the draft ordinance: 

1)                 adding to section 1130.19(c) “adjacent to a public right of way”

2)                 replacement section for 1130.09 

Randy Melnick, consultant to the City, stated the new section is part of the complete review of the code.  He said it incorporates a “traffic impact study” as a critical control and it is a product of extensive efforts by property owners, residents and City planners. 

Mr. Cunningham stated his concern for limits on building materials and the threshold of 30,000 square feet in triggering controls. 

David Westrick, 220 West Wayne Street stated he supports adopting the proposal. 

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

Mr. Hasbrook moved to recommend approval of the proposed changes and new section “Site Plan Review and Design Standards” with the changes to 1130.19(c) and 1130.09 as presented.  Seconded by Ms. Rife.  Roll call:  Carr, Hasbrook, Kohler, Rife, Teifke and Yurysta (6) voting yea; Cunningham (1) voting nay.  The Chair declared the motion carried by a 6-1 vote. 

The Chair opened the public hearing on the proposed new section to the Zoning Code, “Fallen Timbers Overlay District”.

The Assistant Law Director stated certain changes to the original draft are needed in order to better describe woodlands, certain business activities, and procedures for changes in use.  He requested the Commission continue the public hearing to the next regular meeting.

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

Mr. Carr moved to adjourn until Monday, December 22, 2003, at 7 p.m.  Seconded by Mr. Hasbrook.  Motion carried v.v.  

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Monday, December 22, 2003

The Municipal Planning Commission met on the above date and time with the following members present:  Carr, Cunningham, Hasbrook, Kohler, Rife, Teifke and Yurysta (7).  Vice-Chairman Teifke presiding. 

Mr. Hasbrook stated his belief that the minutes of the meeting of November 24, 2003, should be amended.  He stated that his motion to recommend approval of the application of St. Paul’s Lutheran Church for a conditional use permit included the installation of “period” light poles and fixtures and did not refer the selection of lighting to the administration. 

Mr. Hasbrook moved the minutes of the November 24, 2003, meeting be amended to read: 

            "Mr. Hasbrook moved to recommend approval of the application of St. Paul’s Lutheran Church for a conditional use permit for a parking lot and building improvements in the 100 block of East Broadway to allow construction of an addition and renovations to the church in the 100 block of East Wayne Street on the conditions that the mounding and landscaping at the corner of Gibbs and East Broadway Streets be modified to the Service Director’s satisfaction to minimize visibility problems and that “period” lighting poles and fixtures be installed."

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

Mr. Hasbrook moved the minutes of the November 24, 2003, meeting be approved as amended.  Seconded by Mr. Carr.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

Mr. Hasbrook nominated Ms. Rife as Chairman for 2004-2005.  Seconded by Mr. Kohler.  Roll call:  All members present voting yea, the Chair declared the motion carried.

 Mr. Kohler nominated Mr. Hasbrook as Vice-Chairman for 2004-2005. Seconded by Ms. Rife. Roll call:  All members present voting yea, the Chair declared the motion carried.

 Ms. Rife assumed the Chair. 

The application for preliminary plat approval for Riverside Estates continued from the November 24, 2003, meeting was presented.  The Secretary stated a revised plan was submitted by the applicant.  The Secretary read letters from the Service Director and Damian Pfleghaar, 800 Farrer Street. 

Mr. Pfleghaar and Larry Baumgartner, 806 Farrer Street, each stated they believe a cul-de-sac would be needed because of the development and that the developer should be responsible for the cost of the improvements.

The Service Director stated the application has been amended to two plats with the first plat including only lots one through seven.  He added that the second plat would include the area for a cul-de-sac but a final configuration has not been settled.  He recommended approval of Plat One provided an escrow be established to assure construction of a cul-de-sac within the area of Plat Two and within twenty-four months of the recording of plat one. The Service Director also stated that street tree and sidewalk improvements on each lot could be enforced by the Building Inspector.  The Service Director also recommended a “T” turnaround be constructed with plat one improvements prior to construction of plat two improvements. 

George Oravecz, engineer representing the applicant, stated the owners are in agreement with the conditions proposed in the Service Director’s letter.  

Mr. Hasbrook moved the application for preliminary plat approval for Riverside Estates Plat One be approved subject to the following conditions: 

1.      Any sanitary facilities located in the basements of structures on Lots 4, 5, 6, and 7 shall be pumped into the sanitary sewer. 

2.      Farrer Street shall be improved with 24 feet of pavement, drainage and curb in accordance with Section 1165.10 of the Codified Ordinances.  The end of Farrer Street shall have a suitable T-turnaround paid for by the developer with the understanding that the cost of a cul-de-sac be held in escrow, paid for by the developer, for up to 24 months as part of Plat 1. If Plat 2 is not developed, the cul-de-sac will be constructed. The developer shall dedicate the necessary right-of-way for the street improvements.   All street improvements shall be installed at the developer’s expense. 

3.      The plat shall contain the following recitation with respect to street trees:  “Street trees of the species designated by the City of Maumee Supervisor of Natural Resources shall be planted at 50-foot intervals on the lots fronting River Road and Farrer Street. 

4.      Property owners shall be responsible for constructing sidewalks within the right of way when new homes are constructed. 

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

The Chair opened the continuation of a public hearing on proposed changes to the Zoning Code adding a new chapter, “Fallen Timbers Overlay District” continued from November 24, 2003.   

The Secretary stated a revised draft of the “Fallen Timbers Overlay District” has been submitted. The Law Director stated the changes are minor and clerical in nature.  She further stated the proposed changes to the Zoning Code are the result of many meetings with property owners, public interest groups, city administrations, the city’s consultant, and Planning Commission members.

She stated the section limits retail commercial development to 50% of the areas owned by Isaac Corp. and General Growth Properties, Inc.; provides for “Arrowhead” type standards; preserves tree stands; and buffers residents and historic sites. 

Dave Westrick, 220 W. Wayne, stated the proposed new chapter to the Zoning Code was presented to the “Stop the Mall” committee and they endorsed it.

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

Mr. Kohler moved to recommend approval of the proposed new section “Fallen Timbers Overlay District” as presented.  Seconded by Mr. Yurysta.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

The application of CSB Investors for modification of Riverside Commons Planned Unit Development permit at 2500 River Road to allow for subdivision for single family homes in place of new multifamily buildings was presented. 

Mr. Kohler moved a public hearing be set for 7 p.m., January 26, 2004.  Seconded by Mr. Yurysta.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

Mr. Kohler moved to adjourn until Monday, January 26, 2004, at 7 p.m.  Seconded by Mr. Carr.  Motion carried v.v.

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