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).  Chairman Rife presiding. 

Mr. Teifke moved the minutes of the December 22, 2003, meeting be approved as mailed.  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 Fred Berning, agent for CSB Investors, LLC, for amendment of a Planned Unit Development (PUD) Permit at 2500 River Road.  The proposal would allow the construction of single family homes where new multi-unit buildings were previously approved, a new public street and extension of an existing street of Manitou Grounds, two-family buildings on Riverside Commons lots 8 through 14 and other related changes. 

The Secretary stated notice of the public hearing was published in The Blade, December 26, 2003, and was mailed to owners of property within 300 feet on January 13, 2004.  The Chair administered the oath to Mr. Berning. 

A letter from the Building and Zoning Inspector was read identifying concerns in regards to the proposal and requesting additional time for review to provide input to the Commission since the latest site plan was received on Friday, January 23.  The Service Director stated the by-laws of the Homeowners’ Association and the plan for management of common areas have not been addressed. 

Mr. Berning stated the plan eliminates new multi-unit buildings in favor of twenty-six single family houses.  He stated that the proposed public streets would provide the public access for pedestrians to the flood plain and that curb cuts on River Road are proposed for former lot 28. 

The Law Director stated that flood plain access for Miami Manor and Manitou Grounds residents was previously provided.  Mr. Berning stated the access would be via the cul-de-sac of River View Drive extension.  The Law Director stated the homeowners association as well as all other conditions of the approved PUD should be reviewed in light of the proposal. 

Tim French, Bridgette Holt, Dan DiSalle, and Will Krosky spoke regarding the extension of River View Drive, public access to the flood plain, and architectural standards for the single family buildings.

Mr. Hasbrook moved the public hearing be continued to February 9, 2004, at 7 p.m.  Seconded by Mr. Kohler.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

The application of Tom & Renee’ King, 1711 Christopher Lane, for modification of the Hyde Park Planned Unit Development Permit to allow construction of a hot tub with enclosure was presented. 

Mr. Teifke moved the application be declared a major modification and a public hearing be set for February 9, 2004, at 7 p.m.  Seconded by Mr. Hasbrook.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

Mr. Kohler moved to adjourn to 7 p.m., February 9, 2004.  Seconded by Mr. Carr.  Motion carried v.v.

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Minutes - Monday, February 9, 2004 

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).  Chairman Rife presiding. 

Mr. KOHLER moved the minutes of the January 26, 2004, meeting be approved as mailed.  Seconded by Mr. Yurysta.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

The Chair opened the continuation of a public hearing on the application of CSB Investors, LLC, for major modification of the Planned Unit Development permit for Riverside Commons at 2500 River Road.  The Secretary reported the applicant called and requested the hearing be continued to allow time to respond to requests from the City for additional information. 

Mr. Hasbrook noted that the Building and Zoning Inspector is unable to attend a meeting February 23 and March 22.  Mr. HASBROOK moved the public hearing be continued to Monday, March 8, 2004, at 7 p.m. Seconded by Mr. Cunningham.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

The Chair opened a public hearing on the application of Tom & Reneé King, 1711 Christopher Lane, for modification of The Hyde Park Planned Unit Development permit to allow construction of a 10’ x 12’ hot tub with enclosure.  The Secretary stated notices of the hearing were mailed to owners of property within 300 feet.  The applicant waived sworn testimony. 

Mr. King stated the proposed hot tub enclosure is nine feet high and it is needed to block the wind that comes through the greenbelt.  He also stated the enclosure is made of natural cedar and it would be placed on a deck six inches above grade.   

Jim Walsh, 1715 Christopher, stated he supports the application. 

Mr. Hasbrook referred to Resolution 1 and 2-1999 regarding Hyde Park PUD modifications noting that the proposed structure is over the 100 square foot threshold.  Mr. Carr stated that due to the proximate location next to the house and next to an existing tree, he supports the proposal.  He stated the garage is on the front of the house and that the materials of the enclosure would blend with the natural setting. 

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

Mr. KOHLER moved to recommend to Council approval of the modification as proposed.  Seconded by Mr. Teifke.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

The petition of Riverside Partners Group, Ltd., for approval of the final plat of Riverside Estates, Plat 1, for seven lots on 2.165 acres at River Road and Farrer Street was presented. 

A letter from the Service Director recommending approval of the final plat was read.  He stated the requirements for the plat have been met and the developer has executed an escrow agreement with the City for public infrastructure improvements. 

Mr. HASBROOK moved the final plat for Riverside Estates be approved.  Seconded by Mr. Carr.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

Mr. KOHLER moved to adjourn until Monday, March 8, 2004, at 7 p.m.  Seconded by Mr. Hasbrook.  Motion carried v.v.

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Minutes - Monday, March 22, 2004 

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

Mr. Hasbrook moved the minutes of the February 9, 2004, meeting be approved as mailed.  Seconded by Mr. Teifke.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

The application for approval of Plat 2 of Riverside Estates on Farrer Street at River Road consisting of lots 8, 9, and 10 was presented.  A letter from the Service Director was read.  He stated a cul-de-sac is provided for at the end of Farrer Street and that he recommends approval of Plat 2 of Riverside Estates.  The Secretary stated that lot 10 does not appear to have access to a public right-of-way and that the property to the west is owned by the City of Maumee and leased to the Lucas County-Maumee Valley Historical Society (LCMVHS).  George Oravecz, engineer representing the property owners, stated Riverside Estate’s owners have an agreement with the LCMVHS for the sale of lot 10.  The lot will be deeded to the LCMVHS and the LCMVHS will donate the property to the City.  He stated he believes the lot will be used for activities of the Historical Society.  Mr. Kohler moved to approve Plat 2 of Riverside Estates.  Seconded by Mr. Yurysta.  Roll call: All members present voting yea, the Chair declared the motion carried. 

The Chair opened the continuation of a public hearing on the application of CSB Investors, LLC, for major modification of the Planned Unit Development permit for Riverside Commons at 2500 River Road.  The Secretary read letters from the Service Director, Chief Building & Zoning Inspector, and Fire Prevention Chief (all dated March 19, 2004).  The Building and Zoning Inspector stated the plans received March 18 show a redesign presenting one single-family and 36 two-family units and removing the previously approved multi-family, condominium buildings and removing the existing School building, Administration building, and Steam Plant.  He also stated that only “phase three” has been submitted for consideration and that “phase one” and “phase two” will be submitted for consideration after certain variances have been approved.   

The Chair administered the oath to all who testified. 

Eric Beale, representing CSB Investors, LLC, stated that certain changes for Phase 1 and 2 were being planned and would be the subject of a future presentation.  He requested the Commission consider only the Phase 3 proposal.  He stated Phase 3 consists of 18 two-family villas and one single-family house for a total of 37 condominium units where 80 units of various multi family dwellings were previously approved.  He stated the old CSB buildings present significant problems for conversion to multi-dwelling arrangements, which make it unfeasible to develop them as such.     

Robert Sitzenstock, architect for the applicant, stated the villas will each be 1,900-2,400 square feet and will be priced from $350,000 to $750,000.  He said the villas will be various combinations of brick and siding which he believes will be very compatible with the surrounding neighborhood.  He stated the new drive would follow the natural contour of the property dropping over 19 feet from the upper level to the end of the cul-de-sac.   

Mr. Kohler asked if the units along River Road will have fencing and if swimming pools will be allowed, as stated in the association rules.  Mr. Sitzenstock stated the rear of the buildings will face River Road, they will have landscape screens, and outdoor swimming pools will not be allowed in Phase 3.  Mr. Hasbrook asked what the roadway would be constructed of.  Mr. Stizenstock stated it will be a private drive of asphalt, possibly the same color as the pavers in Phases 1 and 2, and may have the stamped brick look.  Mr. Cunningham asked about the elevation for lots 48 through 54.  He stated the drawing shows the buildings to be cantilevered.  Mr. Sitzenstock stated those villas would be built into the hill and may have walk out basements. 

The Service Director stated the landscaping plan was received on Friday, March 19, and needs to be revised.  The current plan is short about 90 trees.  Mr. Sitzenstock stated that flowering peach trees are planned for street trees.  Mr. Cunningham stated his belief that the entire development should be considered when reviewing this new plan for the easterly half of the property.  Dan DiSalle, 2552 Riverview Drive, stated he believes that some of the villas are planned for too low of an elevation and may have problems with flooding. 

John Fedderke, 2551 Riverview Drive, stated he believes that the plan has changed so much that neighbors should be notified again of the application. 

Glen Rambo, 620 Valley Drive, stated he has concerns regarding drainage of the streets and landscape screening, and the closeness of units near the 100-year flood plain.   

Debbie Roberts, 2712 Riverview Drive, asked about vehicle access to the middle grounds for neighboring residents.  Mr. Beale stated that the stone drive would remain the same with pedestrian access for all and vehicular access for Miami Manor and Manitou Grounds residents. 

Fred Collins, 646 Miami Manor, asked if the fencing would be removed along the west property line.  Mr. Beale stated no replacement has been planned.   Alan Dills, 634 Miami Manor, stated he believes all phases should be presented and considered as a whole and that he also believes homes should not be built too close to the flood plain. 

Mr. Hasbrook also requested plans for all phases of the Planned Unit Development be presented by the applicant. 

Mr. HASBROOK moved the public hearing be continued to Monday, April 26, 2004, at 7 p.m. Seconded by Mr. Cunningham.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

Mr. Hasbrook moved to adjourn until Monday, April 26, 2004, at 7 p.m.  Seconded by Mr. Teifke.  Motion carried v.v.

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Monday, April 26, 2004

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).  Chairman Rife presiding.

Mr. Teifke moved the minutes of the March 22, 2004, meeting be approved as mailed.  Seconded by Mr. Yurysta.  Roll call:  All members present voting yea, the Chair declared the motion carried.

Gene Abercrombie, attorney representing General Growth Properties, Inc. (GGP), requested a special meeting of the Planning Commission for GGP to present its application for the Shops at Fallen Timbers, a shopping center north of U.S.24 at the Jerome Road exit.  He stated GGP has submitted its application and will complete the application requirements by the end of the week.  He requested the Commission hold a special meeting on May 10 to consider the application.

The Building & Zoning Inspector stated that the resolution of certain minor deficiencies will render the application complete. 

Mr. Hasbrook moved a special meeting be set for May 10, 2004.  Seconded by Mr. Yurysta.  Roll call: All members present voting yea, the Chair declared the motion carried.

The Chair opened the continuation of a public hearing on the application of CSB Investors, LLC, for major modification of the Planned Unit Development (PUD) permit for Riverside Commons at 2500 River Road.  The Secretary read letters from Eric Beale for the applicant (4/22/04), the Service Director (4/23/04), the Chief Building & Zoning Inspector (4/22/04), and the Fire Prevention Chief (4/23/04).  The Building Inspector stated the application is complete for the requested major modification to the PUD at 2500 River Road.

The Chair informed all that an oath taken at a previous hearing is still in effect and she administered the oath to all who testified who were not previously sworn in.

Eric Beale, representing CSB Investors, LLC, stated that they will make the necessary changes to the plan to conform to the City’s requirements which were listed in the above referenced letters.

Robert Sitzenstock, architect for the applicant, gave an overview of the plans for the three phases and described Phase Three in detail.  He stated the application has been revised to add two units bringing the total to 38 units in two-family villas and one single family villa.   He said the villas will be various combinations of brick and siding which he believes will be compatible with the surrounding neighborhood.  He also stated that the entrance drive will be constructed of brick pavers with the balance of the drive constructed of colored asphalt with curbs and gutters and that it will be a private drive maintained by the property owners’ association.   He added that a brick and wrought iron fence along River Road will be 72” high and set back 20 feet from the street; the maximum height of the buildings in phase three is 32 feet; and the buildings closest to the flood plain will be eight feet above the hundred year flood level.

Mr. Hasbrook asked what assurances the City has that what is being shown is what will be built.

Mr. Beale stated there are architectural restrictions in place to control what is built.  He said prospective buyers have been concerned about the remaining CSB buildings.  Mr. Beale said they have had three different builders look at the buildings and each responded with cost estimates that would make them too expensive to renovate and then sell. He stated that he believes the buildings must be removed to make the development successful.

Irene Martin, Landmarks Preservation Council of Northwestern Ohio, stated that in 1997 the City commissioned Poggemeyer Design Group to do a study on the eligibility of the buildings for the National Register of Historic Places and that Dr. Ted Ligibel determined that they may have been eligible.  She further stated the Landmarks Preservation Council recommends that the City have an independent architect, experienced in historic preservation, examine the buildings to determine if they are structurally sound and marketable. 

Gretchen Zientek, 2724 River Road, and Tom Farrell, 734 East Carisbrook Drive, stated their concerns about housing built close to the flood plain, the marketability of the proposed housing, and citizen access to the flood plain.

John Fedderke, 2551 Riverview Drive, presented a petition signed by 125 residents asking that the plan be denied.  He also questioned the market demand for the proposed housing.

Fred Collins, 646 Miami Manor, submitted pictures taken one year ago of the flood plain under water. He further stated his concern with tearing the old buildings down when the developers said in 1999 that they were in good shape and could be renovated.

Jack Paquette, former resident of the former Lucas County Children’s Home, stated he believes there should be a memorial to the children who grew up in or lived at the home.

Bridget Holt, 709 West Carisbrook, stated concerns for the continuity of the three phases.

Dan DiSalle, 2552 Riverview Drive, stated the previously approved plan did not show buildings as low to the flood plain as the current plan.

Mr. Beale stated floating docks would accommodate 22 boats and that the chapel, pavilion and tennis courts originally approved have been removed.  He further stated the units closest to the river will be over 1,000 feet from the river bank and that nearly 24 acres within the flood plain is accessible to the public.

Mr. Yurysta asked if this developer was chosen because they planned to renovate the old buildings.

Mr. Beale stated that, while the buildings could be restored and renovated, the cost is too high and the local housing market will not support it.

The Secretary stated that, prior to receiving the property from Lucas County, Council passed a resolution stating the City would use its best efforts to preserve the historical nature of the premises and protect the buildings of significant interest.  He added that this was included as an objective of the City in its RFP when seeking developers for the property.

Marianne Sluhan, CSB Investors, stated they have spent $300,000-$400,000 to clean up the property.  In addition to removing various buildings, asbestos was removed from all structures.  She said prospective buyers have been wary of the uncertain fate of the existing buildings.  She stated they would like to build all three phases together and believes once the old buildings come down, the project will move along.  She further stated they plan to include a memorial for the orphanage.

The Building Inspector stated the buildings are all above the elevation of the 100 year flood plain, and there is a total of 101 dwelling units in smaller buildings compared to the 128 units previously approved.

Mr. Hasbrook stated it is less dense, more compatible with the existing neighborhood than the approved plan.  He said it will have a “Hamlet” feel and he believes the objectives of the neighbors’ petition are being met.

Mr. Cunningham stated he believes the developer was chosen because they planned to keep and renovate the CSB buildings and he does not believe they have made a good faith effort to make the development work while retaining the “historic” nature of the property.  He also express concern that the latest plan is far removed from the sort of creative and imaginative mixed uses intended in a PUD.

Mr. Yurysta stated his belief that this proposal does not meet the original objectives of the City when CSB Investors was selected to develop the property.

Mr. Kohler moved to recommend approval of the application of CSB Investors, LLC, for major modification of Riverside Commons Planned Unit Development permit at 2500 River Road as proposed subject to the recommendations of the administration, namely:

1.       Streets, sanitary sewers, and storm sewers shall be private, built to City specifications, and maintained by the property owners association;

2.       Sanitary sewer lift station shall be located and built in accordance with specifications approved by the City and shall be maintained by the City;

3.       Water lines shall be built to City specifications, dedicated to the City, maintained by the City, connected to River Road and River View Drive lines, and have hydrants installed at the main entrance and at the southwest corner of lot 54;

4.       Existing sewers that are unused shall be plugged and abandoned per City specifications;

5.       Final Plat shall include easement for waterline maintenance and designation of roadway as permanently reserved private place providing access easement to all interior lots;

6.       Pavement construction specifications shall be subject to approval of the Service Director;

7.       No parking signs shall be erected and maintained on the one side of the drive and in the cul-de-sac subject to the approval of the Safety Director;

8.       Landscaping plan shall be approved by the Service Director; and

9.       Memorial to the Miami Childrens’ Home shall be included.

Roll call:  Carr, Hasbrook, Kohler, Rife and Teifke (5) voting yea; Cunningham & Yurysta (2) voting nay.  The Chair declared the motion carried by a 5-2 vote.

Mr. Kohler moved to adjourn until Monday, May 10, 2004, at 7 p.m.  Seconded by Mr. Hasbrook.  Motion carried v.v.

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Monday, May 10, 2004 - Special Meeting

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

Mr. Kohler moved to approve the April 26, 2004, minutes as mailed.  Mr. Cunningham requested the minutes be expanded to include that he “expressed concern that the latest plan is far removed from the sort of creative and imaginative mixed uses intended in a PUD”.  Mr. Kohler amended his motion to include amendment of the minutes to include Mr. Cunningham’s comment.  Seconded by Mr. Hasbrook.  Roll call:  All members present voting yea, the Chair declared the motion carried.

The Law Director advised the Commission that the application for site plan approval for a shopping center in the C-M Commercial-Industrial district, which also is subject to the Fallen Timbers Overlay district zoning regulations, requires an adjudicative hearing in order to determine if the site plan meets the standards of Section 1130.08(b).  She added that concerns for aesthetics have been decided by the C-M Architectural Committee in its approval previously granted.

The Chair administered the oath to all who testified.

Ron Den Adel, Northwest Ohio Mall, LLC, described the proposed “Shops at Fallen Timbers” north of U.S. 24 at Jerome Road as an open lifestyle air shopping center with three anchor stores, a multi-screen cinema, and various shops occupying approximately 137 acres. 

David Bader, architect for the applicant, stated that the design features a main street with a cross street all with angle parking and pedestrian friendly features.

Cheryl Armstrong, architect for the applicant, described the variety of architectural features and use of a variety of construction materials to produce a “main street” effect and to promote pedestrian movement.

Jean Hartline, traffic engineer, described road improvements needed at and away from the site.  She also described the traffic flow in and around the site.

Rich Bertz, engineer, described the connections with local water lines, storm drainage, and sanitary sewers and described improvements needed for the development.

Mr. Yurysta and Mr. Cunningham asked about traffic and roadway improvements.  Ms. Hartline stated that the TMACOG traffic model was used to project traffic volumes.  She added that certain minor, manual adjustments were made for known changes since the model was developed and that many aspects of the model reflect that continued development in the immediate area will generate increased traffic around the site.  She added the entire roadway design takes into account that additional improvements will be needed as the area continues to develop.  She stated the TMACOG model includes projections through 2025 and that traffic generated by the shopping center, traffic projected for the Fallen Timbers Battlefield site, and peak season shopping traffic were added to the model.  She stated that Jerome Road residents will have access at a new T-intersection with a rerouted Russell Road and, additionally, access for emergency vehicles will be maintained in the existing Russell Road right of way that otherwise will be restricted to pedestrians and cyclists.

Mr. Yurysta expressed concern for angle parking.  Ms. Hartline stated the roadway boulevards limit traffic to one-way and reduce many of the problems associated with angle parking.

Mr. Bader stated the portion of Russell Road retained for emergency access will also be maintained for easements for existing water and sewer lines and that access for emergency vehicles could be restricted by using removable bollards at the edge of Russell and Jerome Roads.

Mr. Bertz stated that bikeway improvements will connect the two existing bikeways and lead to a proposed bike bath from the Fallen Timbers Battlefield and Memorial.

Mr. Cunningham expressed concern for the lighting plan. The Building Inspector stated his review will include the lighting plan. He added that the administration has not completed its analysis and therefore final reports will not be available until the next regular meeting of the Commission (May 24). 

Mr. Hasbrook moved that consideration of the application be continued at the regular meeting on May 24, 2004.  Seconded by Mr. Cunningham.  Roll call:  All members present voting yea, the Chair declared the motion carried.

Mr. Kohler moved to adjourn until Monday, May 24, 2004, at 7 p.m.  Seconded by Mr. Hasbrook.  Motion carried v.v.  

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Monday, May 24, 2004

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).  Chairman Rife presiding.

Mr. Teifke moved to approve the May 10, 2004, minutes as mailed.  Seconded by Mr. Carr.  Roll call:  All members present voting yea, the Chair declared the motion carried.

The Chair opened continuation of consideration of the application of Northwest Ohio Mall, LLC, for site plan approval for a shopping center north of U.S. 24 at Jerome Road.

Letters from the Building and Zoning Inspector (5/20/04), the Service Director (5/20/04), and the Chief of Fire Prevention (5/19/04) were read.

A letter from James O’Brien requesting that approval be subject to completion of improvement of the Salisbury Road/U.S. 20A/U.S. 23 interchange and connector was presented.

The Chair administered the oath to all who testified.

Dave Westrick, 220 W. Wayne Street, Brian Tomko, 944 Joliet Drive, and Arthur Graham, 5151 Jerome Road, spoke in opposition to the project citing projected traffic problems and the responsibility of the Commission to protect the health, safety, and general welfare of the community.

Elaine Abel, 5025 Jerome Road, stated that her concern for keeping traffic off Jerome Road is satisfied and that she would like the mounding for the west side of Jerome Road to be higher.

Nancy Cramer, 219 W. John Street, requested a condition be imposed which would require a letter of credit be posted, so that, in case the project failed, any incomplete construction could be removed.

The Administrator stated that the Commercial-Industrial District section of the zoning code has been revised and that this application is subject to Design Standards administered by the C-M Architectural Committee and the restrictions of the Fallen Timbers Overlay District. He noted that the proposal has been approved by the Fallen Timbers C-M Architectural committee.  He also stated the mounding requested is the subject of the Fallen Timbers Overlay District and on property which is not part of this proposal.  He added that the “financial feasibility” of a project is not a criterion included in the standards for review.

The Service Director stated the trip generation projections in the Traffic Impact Study (TIS) are higher than those of the most recent edition of the Trip Generation Manual.  He added that the Ohio Department of Transportation (ODOT) is studying the improvement of I 475/U.S. 23 and such improvement would be required before interchange improvements for Dussel/Salisbury and U.S. 20A are constructed.

Richard Bertz of Mannik & Smith engineer for the applicant, stated improvements planned for U.S. 24 are minor and could be completed soon after approval by ODOT.  He added that the shopping center would not open unless the improvements recommended in the TIS are completed.  He also stated that additional development in the area may require additional improvements and that the design of the proposed improvements allows for such additions.  Mr. Bertz said that additional right-of-way may be needed to complete various roadway and intersection improvements.  He added that the location of a connector from Monclova Road to U.S. 20A has not been determined.

Mr. Yurysta expressed concern for the angle parking featured throughout the center. 

Jean Hartline, Mannik & Smith traffic engineer, stated the road design minimizes such problems by eliminating two-way traffic with boulevards and by limiting the speed of vehicles.

David Bader, architect for the applicant, stated that light poles have been reduced in height by five feet to forty feet and that reducing the height to twenty-feet would require a threefold increase in the number of light poles.

Mr. Hasbrook noted that the traffic study was reviewed by an independent engineer and accepted by the Service Director and the Lucas County Engineer.

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

Mrs. Rife asked if the height of the light poles could be decreased away from the buildings.

Mr. HASBROOK moved that the application of Northwest Ohio Mall, LLC, for site plan approval of the plans submitted May 6, 2004, for a shopping center north of U.S. 24 at Jerome Road be approved subject to the following:

1)      Road improvements shall be installed in accordance with Figure Six of the Traffic Impact Study and, in addition, Monclova Road shall be improved to three lanes from Jerome Road intersection east to the city limits and the Monclova Road/Jerome Road intersection shall be improved in accordance with item seven of the April 22, 2004, “Response to the Review Comments for TIS…” as prepared by The Mannik & Smith Group.

2)      Fallen Timbers Lane between Russell Road and Town Center Drive #1 will be a public street and therefore maintained by the City of Maumee.  Access to Fallen Timbers Lane shall be limited to the intersections of Town Center Drives 1, 2, and 3 unless approved otherwise by the Director of Public Service and General Growth Properties.  Access to Russell Road shall be limited to the intersections of Town Center Drives 4 and 5 unless approved otherwise by the Director of Public Service.

3)      A ten-foot wide bikeway shall be extended along the west side of Jerome Road/Russell Road from the north fork of the Wabash Cannonball Trail to Town Center Drive #5 and along the north side of Town Center Drive #5 to the Town Center parking lot.  A five-foot wide sidewalk or ten-foot wide bikeway shall be extended along the westerly side of Russell Road between Town Center Drive #5 and Town Center Drive #4.  Five-foot wide sidewalks shall be installed along the east side of Fallen Timbers Lane between Town Center Drive #1 and Russell Road and on the north side of Russell Road between Fallen Timbers Lane and Towne Center Drive #4.

4)      The construction of the south terminus and cul-de-sac of Jerome Road shall be coordinated with the Metroparks and the Department of Public Service.

5)      The developer shall contribute $350,000 toward the extension of Jerome Road north of Monclova Road.  Said contribution shall start after five (5) years from the opening of the Town Center, but no sooner than the start of construction of the Jerome Road Phase 2 extension between Technology Drive and U.S. 20A.  The contribution will be payable over a five year period at $70,000 per year.  If Phase 2 (Technology Drive to U.S. 20A) is not under construction within 10 years after said opening of the Town Center, no contribution will be required.  Said contribution shall be confirmed by an agreement between the developer and Lucas County.

6)      The four-lane section of Russell Road and Fallen Timbers Lane north of Jerome Road shall be divided by a grassed or landscaped island with street trees.

7)      A drainage plan has been submitted for review.  This plan shall be approved by the Service Director and County Engineer prior to the issuance of a building permit.

8)      Amendment of the parking lot lighting plan to employ a graduated height arrangement which reduces the light pole heights at the outer areas of the development subject to the approval of the Building & Zoning Inspector.

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

A letter from the Secretary approving a minor modification to the Hyde Park Planned Unit Development permit to allow installation of a three-rail fence at the rear of 411 Hertford Court was read.  The Chair directed the secretary to place the letter on file.

Mr. Hasbrook moved to adjourn until Monday, June 28, 2004, at 7 p.m.  Seconded by Mr. Yurysta.  Motion carried v.v.  

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Monday, June 28, 2004

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

Mr. HASBROOK moved the minutes of the May 24, 2004, 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 True North Energy for modification of Special Use permit for a filling station at 295 West Dussel Drive to allow a change in color was presented.  A letter from the Building and Zoning Inspector regarding the application was read.  He stated the original approval included a specific reference to the color allowed for the brick.  Mr. HASBROOK moved to set a public hearing on the application at 7 p.m. on Monday, August 23, 2004.  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 Michael Lane, 429 Christopher Lane, for modification of The Hyde Park Planned Unit Development permit to allow construction of a house addition consisting of a 15’5” by 28’ carport on the east side of the house.  The Secretary stated notices of the hearing were mailed to owners of property within 300 feet.  A letter from the Building and Zoning Inspector recommending approval of the application was read. 

Mr. Lane stated the addition would match the exiting house roof and trim and that the asphalt driveway would be removed and reconstructed of concrete, including the carport floor. 

Robert Head, 417 Chesterfield, stated he supports the application. 

Mr Yurysta asked the applicant if he plans to add shrubbery to screen the Cass Road view of the carport.  Mr. Lane stated he has not planned landscaping for the east side of the carport but would not object to shrubbery there. 

Mr. HASBROOK moved to recommend to Council approval of the modification as proposed subject to a side/front yard set-back waiver previously approved by the Administrative Board.  Seconded by Mr. Kohler.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

Mr. KOHLER moved to adjourn until Monday, July 26, 2004, at 7 p.m.  Seconded by Mr. Hasbrook.  Motion carried v.v.

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Monday, Augu st 23, 2004 

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); absent: none.  Chairman Rife presiding. 

Mr. HASBROOK moved the minutes of the June 28, 2004, meeting be approved as mailed.  Seconded by Mr. Kohler.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

The Chair opened a public hearing on the application of True North Energy for modification of Special Use permit for a filling station at 295 West Dussel Drive to allow a change in color was presented.  The secretary stated that a notice of the hearing was published in the Mirror and mailed to owners of property within 300 feet.  The Chair administered the oath to all who testified. 

Neil Jaekle of National Illumination and Sign Corporation, representing the applicant, stated that the change in color is needed to in order to comply to the national retail image standards of the Shell Oil Company.  He stated the only change is the use of White for brick and fascia panels on the building and columns for the canopy.  He said that changes to the signage comply with previous approvals for signage. 

Mr. Kohler 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 noted that this filling station was approved in 1990 with additional landscaping required as a condition of the permit.  

Mr. HASBROOK moved to recommend to Council approval of the application for amendment of the Special Use Permit for a change in color for brick and fascia panels of the building and canopy columns as requested.  Seconded by Mr. Cunningham.  Roll call: All members present voting yea, the Chair declared the motion carried. 

A letter from R.F. Michalak, attorney for Don Long, 1119 Ogontz, requesting approval of a lot split was read.  He stated the applicant wishes to purchase ten feet of property from the neighbor at 1123 Ogontz and add it to their lot. 

The Building and Zoning Inspector stated the Long’s lot would increase from forty to fifty front feet and the adjacent lot would decrease from ninety to eighty front feet.  He stated the minimum front footage is sixty feet and that he recommends approval as the proposal is an improvement to the existing situation. 

Mr. Hasbrook moved to approve the split of ten feet from the lot at 1123 Ogontz to be added to the lot at 1119 Ogontz as requested.  Seconded by Mr. Teifke.  Roll call:  All members present voting yea, the Chair declared the motion carried.

The application of Maumee United Methodist Church for amendment of a conditional use permit was presented.  The application seeks to allow (1) construction of additional parking area, (2) relocation of a storage garage, and (3) installation of a driveway to the street east of the church building.  The Secretary stated notices of the meeting were sent to owners of adjacent properties. 

Brian Craig, attorney representing the church, stated that the changes are presented in order of priority and that the church has a great need for additional parking.  He added that the flow of traffic would be greatly improved by the additional driveway.  Mr. Craig stated the lot receives a great deal of use from activities at the school and school grounds. 

Mike Culling, 1013 Farmington Road; Sherman Sills, 420 Orchard View Drive; Chris Haupricht, 421 Sackett Street; Tom Gehr, 432 Orchard View Drive; Diana Secondo, 1017 Farmington Road; and Judy Phelan, 1025 Farmington Road, spoke citing concerns for the neighboring residents and property owners.  The concerns included:

1)                   privacy, noise, dust, and lights from vehicles,

2)                   storm water drainage,

3)                   landscape screening and buffer for the neighbors,

4)                   existing driveway should be expanded rather than adding a new driveway, and

5)                   the need for an additional opening in the fence to the school property. 

Mr. Hasbrook referred to minutes of the March 22, 1993, meeting and the approval of the addition to the church school building with the elimination of a driveway east of the building. 

Mr. Kohler moved to continue consideration of the application at the next regular meeting on September 27, 2004.  Seconded by Mr. Cunningham.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

The applications of Old Granite Development, Ltd., for a change in zoning from R-1 Single-Family Residence to R-3 Two-Family Residence and for a Planned Unit Development permit to allow construction of a multi-family development at 1036 River Road were presented. 

Mr. Carr moved to set a public hearing on the applications for September 27, 2004, at 7 p.m.  Seconded by Mr. Teifke.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

Mr. KOHLER moved to adjourn until Monday, September 27, 2004, at 7 p.m.  Seconded by Mr. Hasbrook.  Motion carried v.v.  

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Monday, September 27, 2004

The Municipal Planning Commission met on the above date and time with the following members present:  Carr, Hasbrook, Rife, Teifke, and Yurysta (5); Kohler (1) absent.  Chairman Rife presiding. 

The Secretary reported that Mr. Cunningham resigned because he had moved from the City. 

Mr. HASBROOK moved the minutes of the August 23, 2004, meeting be approved as mailed.  Seconded by Mr. Carr.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

Mr. Kohler arrived at this time. 

The Chair opened a public hearing on the application of Old Granite Development, LTD., for a zoning change from R-1 Single-Family Residence to R-3 Two-Family Residence and for a Planned Unit Development (PUD) permit to allow construction of an eleven unit condominium complex at 1036 River Road, the site of the former Edison Club. 

Letters from the Service Director (9/23/04), Building & Zoning Inspector (9/21/04) and the Fire Prevention Chief (8/16/04) were read. 

The Administrator stated he believes that the commissioners should first consider the zoning issue and the related effects and then consider the PUD proposal. 

The Law Director stated that the commission may exercise broad discretion in considering the zoning change because of its legislative nature and must administer the PUD request according to the standards established in Section 1127.08 of the zoning code. 

The Chair administered the oath to all who testified. 

Dan Ulrich, engineer representing the applicant, described the proposal.  He stated the buildings will be built on the river level which is over forty feet below the level of River Road; the drive has a slope of 10% leading to parking spots built into the hillside and leading to a turnaround large enough to allow a fire truck to turn around; the units will be built two feet above the 100-year flood level; the developer must secure Corps of Engineers and Ohio EPA approvals; and that docks for residents will be seasonal. 

Ray Runner, 1018 River Road, stated his belief that the zoning should not be changed because of the impact on the neighborhood and the precedent it could set for other river front properties.  He objected to the PUD proposal because of concerns for providing public safety services to residents due to difficult access to the lower level especially in snowy or icy conditions and, for the impact on the city’s adjacent park and the Historical Society’s Wolcott complex, and that many single family homes have been built on difficult parcels. 

Lewis Johnson, 1010 River Road, spoke in opposition to rezoning and with concern for provision of adequate parking for all the traffic the proposal would generate. 

Mike Suleski, owner of two lots on River Road across from the site and representative for the Indian Hills Boat Club, 1032 River Road, spoke in opposition to the development citing traffic, parking, flooding and compatibility with the neighborhood. 

Keith Helminski, 1146 River Road, spoke in opposition to rezoning citing the increased density, compatibility with the neighborhood, impact on the city’s park, and changes in water run off. 

John Kolasinski, 1065 River Road, opposed the development citing public safety issues and compatibility with the neighborhood. 

Walt Van Dromme, 201 E. John Street, opposed the development stating he believes there are no hardships to prevent development as single-family houses. 

Kirk Kern, 709 Farrar Street, stated his opposition to rezoning the property saying it is incompatible with the neighborhood. 

Tom Metzger, 1015 River Road; Charles Ash, 721 Johnson Street; Susan Stahlbush, 1009 River Road; and Wade Wolford, 977 Joliet Drive, stated they oppose the proposal. 

The Administrator provided data regarding the proposal’s density compared to R-1 and R-3 density limits and the density of The Landings PUD, 1600 River Road. 

Dan Ulrich stated the rezoning request is offered only subject to the PUD proposal, the common drive is preferable to multiple driveways, the roof top of the building is below the street level preserving the river view, street level drop off and parking will be provided, more than 22 parking spaces are provided on the lower level, and set backs exceed the R-1 requirements.  He added that the parcel’s contours present unique problems with construction and development. 

John Laskey, representing the developer, stated that the proposal would be better than four single family houses because it preserves the river view and provides a single “look” instead of four individually built houses.  He stated all the concerns of the city have been met citing water, sewer, and driveway improvements.  He added that the units are 2,200 square feet and the total cost will be $5.5-6.0 million.  He said the boat docks would be available only to residents. 

Keith Helminski stated his belief that the market would not support housing at that cost and expressed concern for failure of the project. 

Lane Williamson, attorney for the applicant, stated the rezoning is applicable only to this proposal and that the proposal has been changed to meet all the requirements of the city.  He stated his belief that this is a reasonable use and it is not injurious to the neighborhood. 

Mr. Hasbrook requested additional input regarding EPA and Corps of Engineers requirements and input from the Fire Chief and the Building and Zoning Inspector. 

Mr. Hasbrook moved the public hearing be continued to October 25, 2004.  Seconded by Mr. Kohler.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

A letter from the Secretary approving a minor modification to the Hyde Park Planned Unit Development in accordance with Resolution 2-1999 for a fence at 410 Hertford Court was presented. 

The Chair directed the letter be placed on file. 

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Monday, October 25, 2004 

The Municipal Planning Commission met on the above date and time with the following members present:  Carr, Hasbrook, Kohler, Rife and Teifke (5); Yurysta (1) absent.  Chairman Rife presiding. 

Mr. Teifke moved the minutes of the September 27, 2004, meeting be approved as mailed.  Seconded by Mr. Carr.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

The Chair opened a public hearing on the application of Old Granite Development, LTD., for a zoning change from R-1 Single-Family Residence to R-3 Two-Family Residence and for a Planned Unit Development (PUD) permit to allow construction of an eleven unit condominium complex at 1036 River Road, the site of the former Edison Club. 

A letter from the attorney for the applicant requesting the hearing be continued was presented.

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

Members discussed the holidays in November and December and availability of the Commissioners for a meeting.

Mr. Hasbrook moved to continue the previous matter to a special meeting on Monday, December 13.  Seconded by Mr. Kohler.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

The application of SRI SAI, LLC, for amendment of a special use permit to allow construction of a convenience store at the site of a filling station at 1289 Conant Street was presented. 

Mr. Kohler moved to set a public hearing on the application for December 13, at 7 p.m.  Seconded by Mr. Hasbrook.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

The Secretary reported that a representative of the Maumee United Methodist Church in its application to amend the conditional use permit at 405 Sackett Street has requested that the matter be continued to allow additional time to prepare its plan. 

Mr. Kohler moved the matter be continued to the next regular meeting on January 24, 2005, and that neighbors be notified of the meeting.  Seconded by Mr. Carr.  Roll call: All members present voting yea, the Chair declared the motion carried. 

Mr. Hasbrook moved to adjourn until Monday, December 13, 2004, at 7 p.m.  Seconded by Mr. Carr. Motion carried v.v.

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Monday, December 13, 2004

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

The Chair administered the oath of office to James Jones (term expires December 31, 2006) and Lawrence Berres (term expires December 31, 2007). 

Mr. KOHLER moved the minutes of the October 25, 2004, meeting be approved as mailed.  Seconded by Mr. Teifke.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

The application of Mary Jane and Phillip Eding, 1007 Kurtz Street, for property split involving undersize lots at 311 East Sophia Street was presented. 

Mrs. Eding stated that she is the owner of Lots 3, 4 and 5 and wishes to build a house on Lot 5.  She said that in order to build the house, 6.16 feet needs to be added to Lot 4 because the house on Lot 4 is encroaching onto Lot 5. 

The Building and Zoning Inspector stated that the Administrative Board approved waivers to required front-and rear-yard setbacks and that he recommends approval of the property split. 

Mr. KOHLER moved to approve the property split at 311 East Sophia Street, as requested.  Seconded by Mr. Yurysta.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

The Chair opened continuation of a public hearing on the application of Old Granite Development, LTD., for a zoning change from R-1 Single-Family Residence to R-3 Two-Family Residence and for a Planned Unit Development permit to allow construction of an eleven unit condominium complex at 1036 River Road, the site of the former Edison Club. 

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

The Service Director and Building Inspector stated the applicant had not contacted the administration since the October 25, 2004, meeting when the applicant requested the hearing be continued.  The Building Inspector stated his belief that single-family residences could be built on the property. 

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

Mr. KOHLER moved to recommend to Council approval of the zoning change from R-1 Single Family Residence to R-3 Two Family Residence on condition of approval of a Planned Unit Development Permit for an eleven-unit condominium complex at 1036 River Road.  Seconded by Mr. Yurysta.  Roll call:  Berres (1) voting yea; Hasbrook, Jones, Kohler, Teifke and Yurysta (5) voting nay.  The Chair declared the motion failed by a 1-5 vote. 

Mr. TEIFKE moved to recommend to Council approval of a Planned Unit Development Permit to allow construction of an eleven-unit condominium complex at 1036 River Road.  Seconded by Mr. Yurysta.  Roll call:  yeas none, Berres, Hasbrook, Jones, Kohler, Teifke and Yurysta (6) voting nay.

The Chair declared the motion failed by a 0-6 vote. 

The Chair opened a public hearing on the application of SRI SAI, LLC, for amendment of a special use permit to allow construction of a convenience store at the site of the fuel only automobile service station at 1289 Conant Street. 

The Clerk stated that notice of the public hearing was mailed to owners of property within 300 feet owners on November 8 and a notice was published in The Mirror on November 11, 2004. 

The Chair read a letter from the Building and Zoning Inspector dated December 6 wherein he referred to Section 1130 Site Plan Review and Design Standards and the future of Conant Street as improvements are made. 

Kent Buehrer and Andrew Welch, architects for the applicant, were sworn in. 

They stated that the proposed building would be built in the southwest corner of the lot where the restrooms are located now, would be constructed of split-face block with a backlit awning across the front in a color scheme that would match the existing canopy, and that the existing kiosk would be removed and replaced by a planter. 

Mr. Hasbrook stated he believes that the Commission should require the applicant to provide a more aesthetically pleasing building.  He referred to the Speedway gas station at 502 Conant Street which is constructed of brick instead of split-face block. 

The Administrator stated the Speedway was required to install period lighting and aggregate sidewalks in addition to using brick for the building and for the pillars of the canopy in order for the building to blend in with the downtown neighborhood.  He said that he believes the Commission should consider standards it would apply to improvements for filling stations at various locations along Conant Street. 

Mr. Buehrer stated the owner wants to build an affordable building.  Mr. Buehrer showed examples of other buildings built of split-face block.  He then presented an alternative drawing using brick as wainscoting in the front with painted split-face block above. 

Mr. Kohler stated he believes the proposed building is a big improvement and that brick columns for the canopy should be considered when changes to the canopy are proposed. 

Mr. Yurysta expressed concerns for the color of the awning.  The Building and Zoning Inspector suggested shortening the length of the awning. 

The Service Director stated that five foot wide sidewalks are required across the front of the property and suggested the applicant consider installing brick on the current front ground sign to cover the metal pole and bolts that are exposed. 

Mr. Buehrer stated the applicant would provide the sidewalk and brick base for the sign.

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

Mr. KOHLER moved to recommend approval of amendment of a special use permit to allow construction of a convenience store at the site of a filling station at 1289 Conant Street, based on the P-1-R drawing, with the following conditions: 

1.                   Installation of the awning only on the front of the building, not on the angles.

2.                   Use of brick for wainscoting and sill on the front of the building.

3.                   Installation of brick at the base of the existing sign at the street.

4.                   Construction of sidewalks in front according to standard specifications.

5.                   Selection of color for the awning that complements the building colors. 

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

The applications for final plat approval for Plat Two and the revision of Plat One of Riverside Commons were presented. 

The Law Director excused herself due to a possible conflict of interest. 

The Service Director stated that the area of Plat Two is the recently approved Planned Unit Development amendment allowing two-family villas and that Plat One must be changed to accommodate the new plat.  He said that the review of Plat One and Plat Two is complete and he recommends approval subject to certain conditions, i.e. construction of improvements, tree plan, and development agreement. 

Robert Sitzenstock, architect, stated that three plats were anticipated, and he is asking for approval for Phase One and Two to be joined as Plat One and for proposed Plat Three to become Plat Two. 

Mr. HASBROOK moved to approve the application for replat of Plat One of Riverside Commons, subject to code sections 1169.08, Plats-Requirements Before Approval, and 966.19, Trees-Plan Submission and Approval.  Seconded by Mr. Yurysta.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

Mr. HASBROOK moved to approve the application for final plat of Plat Two of Riverside Commons, subject to 1169.08 and 966.19 of the Code.  Seconded by Mr. Teifke. Roll call:  All members present voting yea, the Chair declared the motion carried. 

Mr. Kohler moved to adjourn until Monday, January 24, 2004, at 7 p.m.  Seconded by Mr. Hasbrook.  Motion carried v.v.