February 28, 2005 - Minutes 

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

The oath of office was administered by Judge Byers to Joan Rife and Thomas Yurysta, who were appointed to terms ending December 31, 2010. 

Mr. Kohler arrived at this time. 

Mr. KOHLER moved the minutes of the December 13, 2004, meeting be approved as mailed.  Seconded by Mr. Teifke.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

The Clerk presented the application of J.L. and C.E. Wilson for a change in zoning for parcels at 301 and 311 River Road from R-3 Two-Family Residence to C-3 Uptown-Commercial.  The Administrator stated the property was previously operated as the Old Plantation, Chadwick and Linck Inns, but this use was discontinued over two years ago.  He stated it was a non-conforming use since the zoning district was established.

Mr. TEIFKE moved to set a special meeting for April 11, 2005, at 7 p.m. to hold a public hearing on the application.  Seconded by Mr. Yurysta.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

The Clerk presented the application of CSB Investors, LLC, for amendment of the Riverside Commons Planned Unit Development (PUD) permit at 2500 River Road.  The application is to allow lot splits on lots that have been previously approved as two-family lots.

Mr. YURYSTA moved to set a public hearing for 7 p.m. April 11, 2005.  Seconded by Mr. Hasbrook.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

Mrs. Rife and Mr. Hasbrook stated they would be out of town for the regular meeting in March.  The Clerk stated Mr. Jones also would not be available.

Mr. KOHLER moved to cancel the regular March meeting.  Seconded by Mr. Hasbrook.  Roll call: All members present voting yea, the Chair declared the motion carried. 

Mr. KOHLER moved to adjourn to the Monday, April 11, 2005, special meeting.  Seconded by Mr. Hasbrook.  Motion carried v.v.   

March 2005 No Meeting 

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April 11, 2005 -  Special Meeting Minutes

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

Chairman Rife presiding. 

Mr. TEIFKE moved the minutes of the February 28, 2005, meeting be approved as mailed.  Seconded by Mr. Yurysta.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

The Chairman opened a public hearing the application of J.L. and C.E. Wilson, 521 West Broadway Street, for a change in zoning for parcels at 301 and 311 River Road from R-3 Two-Family Residence to C-3 Uptown-Commercial.  The Secretary stated that notice of the hearing was published in The Mirror and that notices were mailed to neighbors on March 8, 2005. 

A letter from the Building and Zoning Inspector, dated April 4, 2005, was read.  He stated that the prior use as a restaurant was a non-conforming use allowed because the use existed prior to the creation of the Zoning Code.  But, since the non-conforming use has been discontinued for more than two years, that use may not be allowed under the R-3 regulations.  He stated the C-3 Uptown Commercial classification would allow its use as a restaurant, as well as other uses.  He added that the C-3 district regulations require approval the Uptown Design Review Board and the Administrative Board on certain issues, which afford controls not provided in other commercial zoning districts.  The Building and Zoning Inspector stated that he recommended the zoning change to C-3 because that district would best allow operation of a restaurant.  

The Chairman swore in each person who gave testimony. 

Linda Palmer, 432 East Wayne Street; Patty Reynolds, 426 East John Street; Tom Carson, 210 River Road; and Martin Brown, 312 River Road; all spoke in favor of the zoning change stating that they are concerned that the property will deteriorate if the proposed restaurant is not allowed. 

Mr. Kohler arrived at this time. 

Greg Rufty, Gianno’s Italian Bistro, stated the building will be completely renovated and occupied as a restaurant.  He said that he will relocate his restaurant, which is currently located on West Dussel Drive.   

George Simcox, 429 East Wayne Street, stated that, while he is not opposed to a restaurant in that location, he is concerned with the issues of garbage, parking, and snow removal and the detrimental effects on the neighbors. 

Martin Brown, 312 River Road, spoke in favor of the proposed restaurant, but he expressed concerns for other uses permitted in a C-3 district. 

Bill Halwell, 508 Esst Dudley Street; Pat Schiavo, 432 East Dudley Street; and Harry McAllister, 322 River Road, spoke in opposition to the zoning change stating that they believe that a restaurant is not compatible with the neighborhood and they stated concerns for inadequate parking, parking on the tree lawn of Jackson Street, trash blown on neighboring properties, noise from garbage pick-up, odors from stored garbage, and noise late at night. 

Christine Wilson, 521 West Broadway, current owner of the 301 and 311 River Road property and previous operator of the Linck Inn at the site, stated that parking was a problem only during holiday season or with a large reception, but that most nights the restaurant was closed by 11:00 p.m. She said she believes that the dumpster can be shielded and the times of pick-up can be set for during the day. 

David Ball, 3161 Deep Water Lane, stated that the building is the oldest in Maumee and Lucas County, that he will be renovating the building, and he believes that a restaurant is the only realistic use for this building.  He said that Mr Rufty wants to be a good neighbor and that he would discuss with the neighbors any concerns they may have. 

The Law Director stated that extending the “allowance” for a non-conforming use is not permitted under the zoning code and that the C-3 zoning allows certain controls on the renovations.  She stated that the Uptown Design Review Board and Administrative Board meetings are open to the public. 

The Administrator stated a concern that the building will be lost if this zoning is not approved. 

Mr. Hasbrook stated that if the restaurant had been sold within the two-year period, it would have been allowed to reopen without any restrictions.  He added that the building has been operated restaurant for at least fifty years. 

Mr. Jones stated he believes that a renovated commercial business is preferable to an empty decaying building. 

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. 

Ms. Rife stated that she believes the restaurant could be a good addition to the neighborhood. 

Mr. Kohler stated a concern with the C-3 zoning due to some of the permitted uses.  He questioned why a variance was not requested and why the zoning was not changed prior to this. 

Mr. HASBROOK moved to recommend approval of the application of J.L. and C.E. Wilson for change in zoning at 301 and 311 River Road from R-3 Two-Family Residence to C-3 Uptown Commercial. Seconded by Mr. Teifke.  Roll call:  Berres, Hasbrook, Jones, Rife, Teifke and Yurysta (6) voting yea; Kohler (1) voting nay.  The Chair declared the motion carried by a 6-1 vote. 

The Chair opened a public hearing on the application of CSB Investors, LLC, for amendment of the Riverside Commons Planned Unit Development (PUD) permit at 2500 River Road.  The application is to allow lot splits on lots that have been previously approved for two-family buildings.  The Secretary stated that notice was published in The Mirror and that notices were mailed to neighbors on March 8, 2005. 

A letter from the Building and Zoning Inspector, dated April 4, 2005, was read.   

Eric Beale, 2801 River Road, CSB Investors, stated that the request would allow each owner within a two-family residence to own the property the unit is built on.  He stated the single lot requires creation of a condominium of the lot for a zero lot line, two unit building which creates a burden in the development of the properties.  He stated his request is to allow a single family home on a numbered lot (previously approved for a two-family building) or two single family units sharing a common wall with separate ownership 

Mr. Hasbrook questioned the construction of a two unit building.  Mr Beale stated that, in practice, the two units would be built at the same time.    

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

Mr. HASBROOK moved to recommend approval of the application of CSB Investors, LLC, for the split of Plat One lots 9, 10,11,12, and 13 and for amendment of the Riverside Commons Planned Unit Development permit by allowing the split of lots 9 through 13 of Plat I into two single family lots (A and B) with zero set-backs between and with the following conditions:

1- that two zero lot line, single family units sharing a common wall be allowed on adjoining A-B lots provided the units are constructed at the same time, or 

2- that one single family house be allowed on an A-B combined lot according to the original Plat One.

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

Mr. KOHLER moved to adjourn to the Monday, April 25, 2005.  Seconded by Mr. Hasbrook.  Motion carried v.v.

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Monday, April 25, 2005

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

Mr. TEIFKE moved the minutes of the April 11, 2005, meeting be approved as presented.  Seconded by Mr. Jones.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

The Chair opened the continuation of consideration of amendment of a conditional use permit at 415 Sackett Street for the Maumee United Methodist Church.  The secretary stated that notice of this meeting was sent to immediate neighbors of the property.  Letters from the Service Director (April 21) and the Building and Zoning Inspector (April 22) were read.   

Brian Craig, Ben Hilderbrand, Bill Cox and Brad Martin spoke representing the church.  Mr. Craig stated that property adjacent to the west drive has been leased to allow expansion of the drive.  He added that meetings with the neighbors generated various changes to the original site plan.  Mr. Hildebrand stated the parking lot will be expanded and restriped allowing for safer pedestrian movement, the drive will be widened allowing greater stacking to ease the traffic flow, and a landscape island will be constructed in the driveway.  Mr. Yurysta questioned the alignment of the exit “through” lane with oncoming White Street and suggested the “through” lane be moved west for proper alignment.  Mr. Kohler raised concerns for landscape screening from the parking lot for Farmington Drive residents.  Mr. Craig stated some neighbors expressed a desire for maintaining the existing partially open views through the parking lot.  

Tom Wagener, 810 White Street, stated that, with all the traffic coming out the White Street drive, safety for pedestrians and other vehicles is a concern.  He also said that he needs landscape screening to shield his home from headlights.  Mr. Cox noted that the day care traffic is completed by noon and the traffic in the midafternoon is generated by the middle school.  Mr. Martin stated that continual efforts are needed to deter parking in the existing driveway and to deter speed and stop sign violators. 

Mr. HASBROOK moved to recommend approval of the site plan submitted for amendment of the conditional use permit at 415 Sackett Street subject to:

1) A final landscape/tree plan approved by the Service Director,

2) A storm/drainage/retention plan approved by the Service Director, and

3) Configuration of exit lanes to align “through” properly with White Street.

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

The application of Marathon Ashland Petroleum, LLC, for amendment of a special use permit for an automobile service station at 1500 Reynolds Road to allow construction of a filling station and convenience store was presented.   

Mr. KOHLER moved a public hearing be scheduled for Monday, June 27, 2005, for consideration of the application.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

A letter from Joseph Rideout, attorney for the owner, requesting approval of a lot split at 361 West Dussel Drive and for approval of a resulting off-premise sign was read.  Letters from the Service Director  (April 22) and the Building and Zoning Inspector (April 22) were read.   

Mr. Rideout stated that there are four buildings with different owners on a single lot facilitated by a condominium agreement.  He said the owners wish to split the lot and terminate the condominium agreement.  He proposed to prepare easements to address access to public right-of-way and utilities and the maintenance of common improvements.  The Building and Zoning Inspector stated that the properties will continue to be subject to C-M Zoning and Arrowhead Architectural Committee review for future changes to the resulting off-premise sign and for any building improvements.   

Mr. Hasbrook stated he believes the applicant satisfies the requirements for approval of an off-premise sign. 

Mr. KOHLER moved to approve the split into four lots as proposed and to allow the existing sign as an off-premise sign for the rear lots subject to the approval of easements by the Service Director and Law Director to address access to the public right-of-way and utilities and for the maintenance of the common improvements.  Seconded by Mr. Berres.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

Mr. KOHLER moved to adjourn to the next regular meeting on Monday, May 23, 2005.  Seconded by Mr. Hasbrook.  Motion carried v.v. 

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Monday, July 11, 2005

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

Mr. TEIFKE moved the minutes of the April 25, 2005, meeting be approved as presented.  Seconded by Mr. Yurysta.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

The Chair opened the public hearing on the application of Marathon Ashland Petroleum, LLC, for amendment of a special use permit at 1500 Reynolds Road to allow reconstruction of the filling station and convenience store.  The Secretary stated notice of the public hearing was published on May 12 and May 19 for the regular meeting of June 25; however, that meeting was postponed until tonight. 

Letters from the Service Director (6/14/05) and the Building and Zoning Inspector (6/21/05) were read. 

Roger Lehman, project manager for Marathon Ashland Petroleum, LLC, stated the existing facility will be demolished and a new building will be built.  He stated the plans will be amended to comply with the Service Director’s comments concerning changes for the storm water system plan, changes suggested for the landscape plan, and the installation of sidewalks.  He stated further relocation of the drive would cause problems for fuel deliveries by transport trucks.  Mr. Lehman stated that the Building and Zoning Inspector’s comments regarding the minimum front yard set-back of 25 feet, removal of parking from the set-back, removal of non-required signage from island posts, removal of outside displays and product storage, limitations to lighting to prevent spill-over, and landscape screening of mechanical equipment would be complied with.  He added that he proposes to construct the building of split face block and that the vacuum machine can be moved to the northeast side of the lot. 

The Service Director suggested an additional drive to the east on Dussel Drive to provide access farther from the Reynolds Road intersection. 

Mr. Hasbrook stated his preference for brick construction citing the Speedway convenience store at Conant and John Streets.  He added that the canopy column should also be of brick. He said that, because this location serves as an entry to the City and due to the proximity to Arrowhead Industrial Park, this facility warrants this extra treatment. 

Travis Moore, also of Marathon Ashland Petroleum, LLC, stated that brick presents a financial burden and that putting brick on the canopy columns limits visibility due to the resulting increase in size of the columns. 

Mr. Kohler noted the brick construction at the restaurant next door.  

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

Mr. Yurysta stated his belief that an additional drive will not solve the problem of access when vehicles are stacked on Dussel Drive waiting for the light. 

Mr. Lehman stated the tanker trucks must use the Dussel Drive access in order to be in a safe position in proximity to customer vehicles when delivering and off loading fuel. 

Mr. KOHLER moved to recommend approval of the application for amendment of the Special Use Permit at 1500 Reynolds Road subject to: 1) use of brick for the building; the trash enclosure, and canopy columns; 2) compliance with the recommendations of the Service Director and the Building and Zoning Inspector; 3) addition of a driveway to the east of the Dussel Drive driveway; and 4) relocation of the vacuum machine to the northeast area of the lot.  Seconded by Mr. Hasbrook.  Roll call:  Berres, Hasbrook, Jones, Kohler, Rife and Teifke (6) voting yea; Yurysta (1) voting nay.  The Chair declared the motion carried by a 6-1 vote.  

The Secretary reported a minor modification of the Hyde Park Planned Unit Development permit to allow construction of a split rail fence at 421 Hertford Court was approved according to Resolution No. 2-1999. 

The Secretary reported receipt today of a revised site plan for a shopping center of integrated design at Fallen Timbers Lane and Russel Road.  He stated that, subject to it being a complete application, it will be necessary to set a public hearing on the application.  He added that this is the only item for the regular meeting on July 25. 

Mr. KOHLER moved to set a public hearing for September 12 at 7:00 p.m. on the application of Northwest Ohio Mall, LLC, for a revised site plan for the shopping center of integrated design at Fallen Timbers Lane and Russel Road, provided that the application is determined to be complete.

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

Mr. KOHLER moved to adjourn to the next regular meeting on Monday, August 22, 2005.  Seconded by Mr. Hasbrook.  Motion carried v.v.

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Monday, September 26, 2005

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. 

Mr. TEIFKE moved the minutes of the July 11, 2005, meeting be approved as presented.  Seconded by Mr. Jones.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

The application of R.C. Young for replat of Riverside Commons Plat II was presented.  Letters from the Building & Zoning Inspector dated September 21, 2005 and from the Service Director dated September 23, 2005, were read.  Each stated no objection to the application.  The secretary stated that notice of the application was posted at the site. 

Mr. Young stated that the replat includes elimination of two residential lots, renumbering of lots, and a change to the cul-de-sac design so that emergency vehicles will have easier access. 

The Service Director stated that he recommends that the public access easement remain forty feet to allow pedestrian access from River Road to the flood plain.

The Building & Zoning Inspector stated a request of Fire Prevention for “No Parking” signs to be posted on one side of the streets. 

Mr. KOHLER moved to approve a minor modification of the planned unit development permit to allow the replat of Riverside Commons Plat II provided that “No Parking” signs be posted on one side of the street and that the public access easement remain at forty feet.  Seconded by Mr. Yurysta.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

The Chair opened the public hearing on the application of Northwest Ohio Mall, LLC, for a revised site plan for a shopping center of integrated design north and east of Russel Road and Fallen Timbers Lane.  The Chair stated that the current site plan was approved on May 24, 2004. 

The Secretary stated that notice of the hearing originally scheduled for September 12 was published on August 11, 2005, and that a sign announcing tonight’s meeting was posted at the site. 

Letters from the Building & Zoning Inspector dated September 21, 2005, and from the Service Director dated September 23, 2005, were read.  The Chair stated that a letter from Michael A. Stormer, Ohio Department of Transportation, dated June 30, 2005, and a letter from Michael C. Meyer, P.E., Lucas County Traffic/Planning Engineer, dated September 9, 2005, are recognized for the record. 

The Law Director stated that the Planning Commission must examine the proposal for compliance with the standards established in the Zoning Code section 1130.08(b), Standards for Review.  The Administrator added that conditions imposed must be reasonable and within the power of the applicant. 

Each person who spoke was sworn in before giving testimony. 

Gene Abercrombie, attorney for the applicant, stated that the most significant change from the approved plan is the elimination of the relocation of Russel Road and the use of the existing Jerome and Russel Roads as access to the shopping center from the north.  He said that Northwest Ohio Mall, LLC, has not been able to come to an agreement with Isaac Development on the use of land needed to relocate Russel Road according to the previously approved site plan. 

Ron DenAdel, Northwest Ohio Mall, LLC, stated that he has met several times with Isaac Development and has not been able to reach agreement.  He said that his group has met with the residents of Jerome Road and that Northwest Ohio Mall, LLC, proposes to pay for landscape improvements, i.e. mounding, street trees, and shrubs on the residents’ property. 

David Bader, landscape architect for the applicant, stated that the site plan has been revised to increase the number of plantings to comply with the code.  He also said that landscaping plans would be prepared for each residence.  He stated that the plan would include mounding, double rows of 18-20 ft. shade trees, and 30”-30” shrubs.  He said that trees would also be planted on the west side of Jerome Road. 

Elaine Able, North Jerome Road, stated that she is concerned about safety along Jerome Road considering the amount of traffic that will be generated.  She said that the bikeway/walkway currently under construction across U.S. 24 will enter onto Jerome Road and will add walkers, joggers and bicycles to the vehicular traffic.  She further stated that she is concerned with fumes from vehicles and the sewage treatment plant, lighting spill over, noise, and trash. 

Don Abel, North Jerome Road, stated that property east of Jerome Road is zoned residential, not commercial, and that the approved plan for Russel Road was to be four lanes rather than two.  He stated he believes the traffic will be too heavy for a two-lane road. 

Arthur Graham, North Jerome Road, stated that he believes that the developers should come to an agreement and stay with the approved plan. 

Brian Tomko, Joliet Drive, stated that he believes the traffic on Jerome Road will be too heavy at peak times and that safety will be an issue with the bike trail. 

Dave Westrick, West Wayne Street, stated that he believed that the Fallen Timbers Overlay was developed to protect Jerome Road residences and the battlefield.  He said that the “Stop the Mall” group endorsed the approved plans for the mall and that he believes that the new plan violates the spirit of the Fallen Timbers Overlay regulations. 

Bruce Huddleston, Thackeray Road, stated he is concerned with litter along Jerome Road from the proposed mall.  He said that he believes the mall businesses should pay Jerome Road residents for turning in litter. 

Joe Sayers, North Jerome Road, stated that he is concerned about the traffic on Jerome Road.

Mr. Abercrombie stated that conditions placed on the application by the Planning Commission must be reasonable; that the Fallen Timbers Overlay regulations have been met; that the Commission must rely on the facts; and that the existing approved plan cannot be complied with. 

Mr. Hasbrook asked why the two developers have been unable to come to an agreement. 

Mr. DenAdel stated that meetings have been held between members of the City Administration, members of Council, and the two developers.  He said that Isaac Development has not agreed to the use of its property according to the approved plan. 

Richard Bertz, engineer for the applicant, stated that Monclova Road would be two and three lanes and that the T.M.A.C.O.G. transportation master plan calls for Jerome to be used as a north/south connector to U.S. Route 20A.  He further stated that Jerome Road is considered a collector type road and not a residential street. 

Jean Hartline, Mannik & Smith, stated that Jerome Road would have approximately 9,000 vehicles per day.  She said that a typical two-lane roadway can handle 10,000 – 15,000 vehicles per day.  She stated that an example of a roadway in distress was Holland-Sylvania Road between Airport Highway and Angola Road with 18,000 vehicles per day before the widening project.  She further stated that Cass Road has approximately 15,000 vehicles per day. 

Michael Meyer, Lucas County Traffic & Planning Engineer, stated that Jerome Road was not originally planned to be the north/south connector, which was moved from Strayer Road to Jerome Road when the plans for access to the mall changed.  He further stated that the County would consider Jerome Road to be a local street at this time.  He said that the County supports the approved plan, but cannot support a plan without access from the north.  He noted the approved plan provided for a ring road around the shopping center and a dedicated street extending Fallen Timbers Lane. 

Mr. Hasbrook asked if the north/south connector to Jerome Road should be a four-lane road. 

Mr. Meyer stated that part of Jerome Road should three-lane road at some point and that a two-lane road can handle the traffic volume projected in the Traffic Impact Study. 

Mr. Yurysta asked Mr. Bader if the proposed landscaping on Jerome Road would reduce noise or cause problems for residents pulling out of their driveways. 

Mr. Bader stated that evergreens would help with noise reduction and that the planned landscaping would reduce the effect of lighting spill over and also work as a visual buffer.  He stated any landscape planting at driveways would be reduced and set back to prevent obstructed view for vehicles. 

Mrs. Abel restated that her concerns are for the safety of her family and that she has a financial commitment to her home. 

Mr. Sayers asked if the Planning Commission could require mediation between the parties.

The Administrator stated that the Administration would prefer the approved plan using a relocated Russel Road.  He said that the Planning Commission can only determine if the application satisfies the requirements of the Revised Code. 

The Law Director stated that the Planning Commission does not have the ability to require mediation, but could request it. 

Mr. Abercrombie stated that the proposed site plan has met the minimum requirements.  He said that the traffic experts have stated that Jerome Road can handle the traffic. 

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

Mr. HASBROOK moved to continue consideration of the application of Northwest Ohio Mall, LLC, for a revised site plan for the shopping center of integrated design at Fallen Timbers Lane and Russel Road to 7:00 p.m. on October 24, 2005, and to request the developers seek a mediated settlement regarding the public access.  Seconded by Mr. Teifke.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

Mr. KOHLER moved to adjourn to the next regular meeting on Monday, October 24, 2005.  Seconded by Mr. Jones.  Motion carried v.v.

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Monday, October 24, 2005  

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

Mr. TEIFKE moved the minutes of the September 26, 2005, meeting be approved as presented.  Seconded by Mr. Jones.  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 a revised site plan for the shopping center of integrated design at Fallen Timbers Lane and Russell Road. 

A letter from the Service Director dated October 21, 2005, and a letter from the Lucas County Engineer dated October 24, 2005, were read.  The Law Director stated that the significant changes in the proposed site plan may warrant reopening the public hearing.

Mr. KOHLER moved to open a public hearing on the application of Northwest Ohio Mall, LLC, for a revised site plan for the shopping center of integrated design at Fallen Timbers Lane and Russell Road.  Seconded by Mr. Yurysta.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

The Chair stated that anyone who was sworn in at the last meeting would not need to be sworn in again.  Those not previously sworn in were administered the oath prior to speaking. 

Ron DenAdel, Northwest Ohio Mall, LLC, stated that changes to the plans have been made to terminate Russell Road and temporarily eliminate access to the north via Jerome Road due to concerns expressed by the Jerome Road residents.  He further stated he attempted to arrange mediation between Northwest Ohio Mall, LLC, and Isaac Land Development, and that Isaac Land Development was not satisfied that mediation was needed. 

Jean Hartline, Mannik & Smith traffic engineer, stated that the revised plan would provide access to the mall from U.S. 24, Fallen Timbers Lane, Stitt Road, and Russell Road with no access from Jerome Road.  She said that Jerome Road would terminate in a cul-de-sac.  She stated that access would be provided for emergency vehicles from Russell Road to Jerome Road, but such access would not be open to other vehicles.  She added that the projected 30% of the shopping center traffic expected from Jerome Road would shift (20% to U.S. 24 and 10% to Stitt Road) and minor changes to proposed roadway improvements have been added. 

John Crandall, Lucas County Engineer’s office, stated that the proposal to shift 30% of shopping center traffic is significant.  He added that, for at least the past six years, the regional transportation plan has identified Jerome Road as the connector between U.S. 20A and U.S. 24 and that he is concerned with Jerome Road as a cul-de-sac.  He stated he believes that there will be a replacement connector from Jerome Road in the future, however, no time frame has been set.  He also said he believes that the developer should be held responsible for the estimated $3 million in improvements to the roads.

The Administrator stated that he believes that development of the area east of the subject property will require a connection of Russell Road and Jerome Road.  He said that, in order to connect Russell and Jerome Roads, eminent domain may be an option for the City, Lucas County and Monclova Township.  The Administrator stated that he recommends approval of the revised application with the conditions set forth in the letter from the Service Director. 

Mr. DenAdel stated that, at the previous meeting, the Lucas County Engineer stated a time line for constructing a connector to U.S. 24 using Jerome Road was not set.  He also said that, if a road were constructed extending Russell Road to connect with Jerome Road, Northwest Ohio Mall, LLC, is willing to share proportionally in the cost of the road. 

Ron Myers, Lucas County Engineer, stated that he believes certain assumptions on the traffic study are incorrect and that greater study of township road improvements is needed. 

Keith Trettin, Monclova Township Trustee, stated that he believes that the new plan will redistribute traffic to county and township roads that are not able to handle it. 

Tom Bourgeois, 4833 Talon Trail, and Sarah Meyers, Monclova Township, spoke in opposition to the traffic plan citing concerns about increased traffic on Black Road and through Blystone Valley and with concerns about traffic around Monclova School. 

Elaine Able, Jerome Road, stated that she accepts the new plan. 

Brian Tomko, Joliet Drive, stated he does not believe the plan should be approved until the developers have come to an agreement. 

Gene Abercrombie, attorney for the applicant, stated that the applicant believes the plan approved in May, 2004, is the best plan; however, the land needed for street rights-of-way is not available.  He stated that the plan has been altered to terminate Russell Road because of resident concerns. 

Zac Isaac, Isaac Development, stated that he is in favor of the May, 2004, plan and that he believes differences with GGP have been resolved.  He added that he believes a Tax Increment Financing agreement is needed prior to acting on the previously approved plan. 

Mr. JONES 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 stated that continuing development in the township creates additional traffic.  He said that the housing developments have caused additional turn lanes on Stitt and Monclova Roads and that the city, county and township could use eminent domain to create a road to connect U.S. 20-A to U.S. 24 if the adjacent developer will not agree to the use of the property needed. 

Ms. Rife stated that she is not willing to accept an inferior plan and that she believes this is the first time that the County has objected to a plan before the commission. 

Mr. Jones stated that he believes this plan protects the residents of Jerome Road and the Battlefield and that the plan could be amended to reconnect Russell Road and Jerome Road in the future. 

Mr. KOHLER moved to approve the application of Northwest Ohio Mall, LLC, for a revised site plan for the shopping center of integrated design at Fallen Timbers Lane and Russell Road with conditions set in the letter from the Service Director dated October 21, 2005.  Seconded by Mr. Teifke.  Roll call:  Berres, Jones, Kohler, Teifke and Yurysta (5) voting yea; Rife (1) nay.  The Chair declared the motion carried by a 5-1 vote. 

Mr. KOHLER moved to set a public hearing for November 28, 2005, at 7:00 p.m. on the application of James Thornton requesting amendment of a Special Use Permit at 1390 Conant Street to allow expansion of the carwash building.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

Mr. KOHLER moved to place on file the report from the Secretary regarding approval of a minor modification to allow a four-foot high, split-rail fence at 1740 Christopher for Dale and Mary Layman. Seconded by Mr. Jones.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

Mr. KOHLER moved to adjourn to the next regular meeting on Monday, November 28, 2005.  Seconded by Ms. Rife.  Motion carried v.v.

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Monday, November 28, 2005

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

Mr. HASBROOK moved the minutes of the October 24, 2005, meeting be approved as presented.  Seconded by Mr. Teifke.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

The Chair opened the public hearing on the application of James Thornton for amendment of a Special Use Permit to allow expansion of a building housing a car wash at 1390 Conant Street.   

The Secretary stated that notice of the public hearing was published on October 27, 2005, and that notices were mailed on November 14, 2005, to owners of property within 300 feet. 

The applicant proposes to add drying equipment to the exit of the last bay and to enclose the equipment with an awning on an aluminum frame. 

A letter from the Building Inspector dated October 18, 2005, was read.  He stated he recommends approval provided that the proposed areas of translucent material are deleted and covered with the same material and color of the walls. 

James Thornton was sworn in at this time. 

Mr. Yurysta asked why Mr. Thornton was not using a more permanent structure. 

Mr. Thornton stated that construction of a building addition would require removing an excessive quantity of pavement which contains a heating system. 

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

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

Mr. KOHLER moved to recommend approval of the application of James Thornton to amend the Special Use Permit for 1390 Conant Street for a car wash facility to allow erection of an awning enclosure with no translucent panels and with a requirement to maintain the canvas.  Seconded by Mr. Jones.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

A request of Maumee Associates and Salisbury/Dussel Partnership for approval of lot splits for property between Arrowhead Road and Ford Street and north of the Graham Ditch watercourse was presented. 

Letters from Joseph Rideout, attorney for the applicants, dated November 10, 2005, and from the Service Director dated November 22, 2005, were read.  The Service Director stated that he recommends approval of the requested lot splits provided that language consistent with Mr. Rideout’s letter becomes part of the approval.  The letter states a commitment to prepare a traffic impact study (TIS) with development of buildings totaling an aggregate 30,000 square feet, if a requirement for a TIS has otherwise not been met. 

Mr. HASBROOK moved to approve lot splits for property between Arrowhead Road and Ford Street and north of the Graham Ditch watercourse subject to the letter from Joseph Rideout, dated November 10, 2005, amended as follows:  “1.  In addition to the requirements of Section 1130(r) and (s) of the Maumee Planning and Zoning Code, Maumee Associates and Salisbury/Dussel Partnership, at their cost, will obtain a traffic impact study in accordance with Section 1130.11(b) of the Maumee Planning and Zoning Code prior to (and in connection with) the required site plan review of any new building on the project site that comprises, together with any previous building or buildings constructed on the project site, an aggregate of 30,000 or more square feet of gross floor area.”   Seconded by Mr. Kohler.   Roll call:  All members present voting yea, the Chair declared the motion carried. 

An application of Jeffrey Normand, agent for Image Hospitality Group, LLC, for Site Plan Review of plans for a hotel and water park at 1703 Tollgate Drive was presented. 

A letter from the Building & Zoning Inspector dated November 22, 2005 was read.  He stated that the proposed project includes a five-store, 106-room Holiday Inn and an attached enclosed water park of approximately 18,000 square feet situated on a 3.669-acre parcel, with 106 parking spaces.  He said that he recommends approval subject to sidewalks and street trees be in compliance with the code; maintaining the twenty-foot utility easement; and proper site drainage outlet into Graham Ditch.  He also said that masonry veneer is applied to the grade level of the structure, and offsets and reveals are illustrated in the EFIS on the upper four floors and he recommends further use of masonry veneer on the upper four floors to break the wall mass by use of differing materials on the walls which will be visible from Tollgate and the turnpike. 

Mr. Kohler suggested cross parking easements be put in place with the adjacent hotels to handle overflow parking.  The Building and Zoning Inspector stated the plan exceeds the requirements for a hotel and that use of the water park will be limited to registered guests of the hotel. 

Mr. Normand stated that Image Hospitality Group would be able to comply with the conditions of the Building & Zoning Inspector.  He said that the owner also owns adjacent hotels. 

Mr. KOHLER moved to approve the Site Plan for a hotel and water park at 1703 Tollgate Drive subject to conditions set forth in the letter from the Building & Zoning Inspector dated November 22, 2005, and written agreement for a cross parking easement.  Seconded by Mr. Teifke.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

Mr. KOHLER moved to place on file the report from the Secretary regarding approval of a minor modification of the Planned Unit Development permit for CSB Investors to further define the minimum square footage for two-family units on lots 9 through 13 of Plat One of Riverside Commons to reduce the minimum unit size from 3,000 square feet to 2,000 square feet. Seconded by Mr. Jones.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

Mr. KOHLER moved to adjourn to the next regular meeting on Monday, January 23, 2006.  Seconded by Ms. Rife.  Motion carried v.v.

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