January 22, 2007 - Minutes

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 Hasbrook presiding.

The oath of office was administered by Chairman Hasbrook to James Jones, Frank Kohler, and Howard Teifke, who were appointed to terms ending December 31, 2012.

Mr. JONES moved the minutes of the November 27, 2006, meeting be approved as presented. Seconded by Mr. Kohler. 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 T-Mobile USA, Inc., agent for Maumee City Schools, for a Special Use Permit to allow construction of a telecommunication tower at the rear of the high school property, 1147 Saco Street.

A letter from the Building and Zoning Inspector (1/17/07) was read. He stated that there are currently five such towers within the city limits and all existing towers are located within either a commercial or industrial zoning district and that no precedent has been established in a residential zoning district. He also stated that he believes additional documentation and justification should be provided in order to consider this proposed 150-foot monopole tower.

The Law Director stated that on January 16, 2007, Council passed Resolution 17-2007, "Imposing a Moratorium on all Construction of and Modifications to Telecommunications Towers and Antennae in Residential Zoning Districts Until July 16, 2007, and Declaring an Emergency." She read a report of Council's Public Utilities Committee that met on December 29, 2006 and January 10, 2007, in which they discussed wireless communication towers and the lack of zoning control standards. She stated that Council confirmed the Public Utilities Committee's recommendation to enact a city-wide, 180-day moratorium on construction or modifications to wireless communication towers and antennas. She recommended that all administrative procedures regarding cell towers be suspended and that the public hearing on the application of T-Mobile USA, Inc., be postponed until after the moratorium or after Council establishes standards and regulations for telecommunication towers and antennae.

Mrs. RIFE moved to continue the public hearing on the application of T Mobile USA, Inc., for a Special Use Permit to allow construction of a cell phone tower at the rear of the high school property to July 23, 2007, or until zoning regulations have been appropriately amended. Seconded by Mr. Kohler. Roll call: All members present voting yea, the Chair declared the motion carried.

The matter of a public hearing on the application of Nextel West, Inc., agent for Detroit Avenue Plaza, LLC, for amendment of a Special Use Permit to allow additional antennas to be placed on the water tower at the Parkway Plaza was reviewed. The Law Director stated the 180-day moratorium applied to this application as well. Mrs. RIFE moved to postpone the public hearing to July 23, 2007, or until zoning regulations have been appropriately amended. Seconded by Mr. Yurysta. Roll call: All members present voting yea, the Chair declared the motion carried.

The Building and Zoning Inspector's request to amend Chapter 1135 of the Maumee Codified Ordinance creating a section to regulate commercial signage for retail uses located within the Fallen Timbers Overlay District was presented.

The Building and Zoning inspector stated that several requests for increases in height and area beyond those provided for in current signage regulations are pending before the Administrative Board and the Administration recommends amending Chapter 1135 of the Maumee Codified Ordinance creating a section specifically for the Fallen Timbers Overlay District. Mr. TEIFKE moved to set a public hearing regarding an amendment to Chapter 1135 of the Maumee Codified Ordinance for February 26, 2007. Seconded by Mr. Yurysta. Roll call: All members present voting yea, the Chair declared the motion carried.

The Secretary reported a minor modification of the Hyde Park Planned Unit Development to allow a 48-inch high 3-rail fence at 417 Kent Court was approved according to Resolution No. 2-1999.

Mr. KOHLER moved to adjourn to the next regular meeting on Monday, February 26, 2007. Seconded by Mr. Jones. Motion carried v.v.

*************************************

February 26, 2007 - Minutes  

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

Mr. TEIFKE moved the minutes of the January 22, 2007, 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 an amendment to Chapter 1135 of the Maumee Codified Ordinance creating new commercial signage regulations for retail uses located within the Fallen Timbers Overlay district.

The Law Director stated that this amendment would allow for more flexibility to address unique conditions for retailers in the Fallen Timbers Overlay district.

The Chief Building Official added that there are unique needs within this district and that this will help to decrease the number of appeals to the Administrative Board for variances from the existing code. He also noted that the Isaac Group was notified of the proposal.

Mr. Gene Abercrombie, attorney for Northwest Ohio Mall, LLC, spoke in support of the proposal stating that he agrees with the Chief Building Official that pursuing an amendment to the Code at this time should keep future variance requests to a minimum. He also stated that his client is in agreement with the proposed amendments to the Code.

David Westrick, West Wayne Street, asked about restrictions on pole signs and the use of neon in the signage.

The Chief Building Official stated that the existing regulations allow pole signs and prohibit the use of neon that is not encapsulated. He added that the proposal would not allow pole signs and does not address neon. He also said neon is in wide use providing accents to larger signs and to architectural features.

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

Mr. TEIFKE moved to recommend to Council approval of new signage regulations, drafted February 14, 2007, adding 1135.22, Fallen Timbers Overlay Retail Signs General Provisions; 1135.23, Signs Prohibited; 1135.24, Wall Signs; 1135.25, Entrance Identification Signs; and 1135.26, Projecting Signs. Seconded by Mrs. Rife. Roll call: All members present voting yea, the Chair declared the motion carried

The Chair presented an application of Northwest Ohio Mall LLC for major modifications of the site plan for The Shops at Fallen Timbers at Russell Road and Fallen Timbers Lane.

A letter from the Chief Building Official (2/21/07) was read. He stated the application is complete and several minor issues were identified to the applicant.

Mr. KOHLER moved to set a public hearing on the application for April 23, 2007. Seconded by Mrs. Rife. Roll call: All members present voting yea, the Chair declared the motion carried.

Mr. TEIFKE moved to adjourn to the next regular meeting on Monday, March 26, 2007. Seconded by Mr. Yurysta. Motion carried v.v.

*************************************

March 26, 2007 - Meeting Cancelled

*************************************

April 23, 2007 - Minutes     

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. Chairman Hasbrook presiding.

Mr. TEIFKE moved the minutes of the February 26, 2007, 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 Northwest Ohio Mall LLC for major modification of site plan for The Shops at Fallen Timbers at Russell Road and Fallen Timbers Lane. The Clerk stated notice of the hearing was posted at the site and published in The Mirror newspaper.

Each person who provided testimony was sworn in.

A letter from the Chief Building Official and the Service Director (4/18/07) was read. They recapped the changes, which include changes in certain building sizes and locations and roadway improvements including realignment of Fallen Timbers Lane extension and a future connector to North Jerome Road. They stated the traffic study of October, 2005, was changed for minor corrections and the tree plan meets the code requirements.

Gene Abercrombie, attorney for the applicant, stated the changes in building sizes totaled an increase of just 2%. Mr. Abercrombie stated his belief that Mr. Wholf's recommendation that final architectural approval be with the Building & Zoning Inspector would be a duplication of the Architectural Review Board approval. He added that the architectural style of The Village Shops power center would be the same as in the Main Street area.

Richard Bertz, civil engineer for the applicant, stated the development agreement between the developers and the City resolved the location of Fallen Timbers lane extension and the future connector between Russell Road and North Jerome Road. He added that emergency vehicle access, along with pedestrian and bike trail improvements to the abandoned section of Russell Road, is being coordinated with the Metroparks.

Joseph McCabe, architect for the applicant, stated that the building area of The Village Shops, was increased to allow for additional architectural features required by the Fallen Timbers Overlay District Architectural Review Board. He added that, while the roof height will be uniform, the facades would give the appearance of varied heights and that the building plans would not be prepared until the various tenants are secured.

Jeff Muhlbach, landscape architect for the applicant, stated changes to the extension of Fallen Timbers Lane allowed additional area near the road for additional planting. He added that the rear of the Village Shops was buffered by a 4'-5' mound where spruce and pine trees will be planted this year, before the buildings will be constructed. Mr. Muhlbach stated native plants would be used and supplemented with plants that best tolerate the weather and the use of salt for ice control.

Susan Stearn, representing the applicant, stated that tenants of The Village Shops could be a mix of large or small retailers.

Marianne Britt Duvendack, Swanton, stated her concern that native plant materials be used and that the rear of the buildings of The Village Shops not be allowed to appear as "the rear of big box stores." She stated the rear of these buildings will face the entrance and entryway of the National Historic Site of the Battle of Fallen Timbers and should reflect the dignity the site deserves.

Joseph Sayers, North Jerome Road, stated his concern for litter he receives from the project.

Mr. Abercrombie stated his client would accept the recommendation to subject the architectural plans of The Village Shops to the approval of the Chief Building Official in addition to the Architectural Review Board.

Mr. Jones stated his concern that the rear of The Village Shops buildings be screened and that the architecture be "broken up" to soften its appearance.

Mr. YURYSTA 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 approve amendment of the site plan for The Shops at Fallen Timbers submitted February 5, 2007, as amended with changes described in the letter of K.A. Architects, Inc., of March 22, 2007, and on drawings C52, SP42, SP42a, SP42b, PH01, and a color rendering of typical buildings of the Village Shops received March 23, 2007; that the plans include the cul-de-sac on Jerome Road; and that the buildings of The Village Shops power center be subject to architectural approval by the Building and Zoning Inspector. Seconded by Mr. Yurysta. Roll call: All members present voting yea, the Chair declared the motion carried.

Mr. KOHLER moved to adjourn to the next regular meeting on Tuesday, May 29, 2007. Seconded by Mr. Yurysta. Motion carried v.v.

*************************************

May 29, 2007 - Minutes    

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

Mr. JONES moved the minutes of the March 23, 2007, meeting be approved as presented. Seconded by Mr. Yurysta. Roll call: All members present voting yea, the Chair declared the motion carried.

Mr. Kohler arrived at this time.

The application of St. Luke's Hospital for amendment of the Special Use Permit to allow construction of new medical office buildings at 5805 Monclova Road was presented.

Mrs. RIFE moved to set a public hearing on the application for Monday, June 25, 2007 at 7:00 p.m. Seconded by Mr. Yurysta.   Roll call: All members present voting yea, the Chair declared the motion carried.

Mr. KOHLER moved to adjourn to Monday, June 25, 2007. Seconded by Mr. Hasbrook. Motion carried v.v.

***************************************

June 25, 2007 Minutes

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

Mr. JONES moved the minutes of the May 29, 2007, meeting be approved as mailed. 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 St. Luke's Hospital for amendment of the Special Use Permit to allow demolition of two, two-story residential buildings and construction of three medical office buildings at 5805 Monclova Road. The Clerk stated notice of the hearing was published in The Mirror newspaper and mailed to owners of property within 300 feet.

A letter from the Chief Building Official (6/21/07) was read. He stated that Building A, a 5,300 square foot single story structure will house the Diabetes Center and Wound Care; and Buildings B and C, will house medical offices. He also stated that he recommended approval of the proposed modifications to the SUP.

A letter from the Director of Public Service (6/21/07) was read. He stated that a traffic study is not required; that the landscaping plan should be modified to show the common names and sizes of all trees and that additional trees will likely be required for this site; and that a lot split is needed to accommodate the building placement. Subject to these comments, he stated he has no objection to the submittal.

Each person who provided testimony was sworn in.

Doug Deacon, St. Luke's Vice-President of Professional Services, stated they are ready to construct one building, the diabetes/wound care center, and have tentative plans to remove the apartment buildings and construct two additional medical office buildings. He stated the brick will closely match the brick of the hospital building and that he agrees to comply with landscape and tree requirements. He also stated the necessary lot split must be agreed to by the mortgage holder and that its approval appears to be forthcoming. He requested the application be limited to the "building A" on a new lot to be split from two existing parcels.

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

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

Mr. HASBROOK moved to recommend to Council approval of the amendment of the Special Use Permit to allow construction of a new medical office building at 5805 Monclova Road subject to submission of a landscaping and tree plan acceptable to the Service Director and to approve a lot split and/or combination as proposed. Seconded by Mr. Jones. Roll call: All members present voting yea, the Chair declared the motion carried.

The Chair presented a proposal of City Council to institute regulations for telecommunication towers by amending the Planning and Zoning Code. A draft ordinance amending the Zoning Code relative to telecommunication towers and antennas was presented.

Mrs. RIFE moved to set a public hearing on the proposal for July 23, 2007 at 7:00 p.m.. Seconded by Mr. Teifke. Roll call: All members present voting yea, the Chair declared the motion carried.

Mr. TEIFKE moved to adjourn to Monday, July 23, 2007. Seconded by Mr. Berres. Motion carried v.v. 

********************************  

July 23, 2007 - Minutes

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

Mr. JONES moved the minutes of the June 25, 2007, 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 Public Hearing on the proposal to institute regulations for telecommunication towers by amending the Planning & Zoning Code. The Clerk stated notice of the hearing was published in The Mirror newspaper on June 21, 2007.

A letter from the Chief Building Official (7/18/07) was read. He stated that the proposed ordinance regulates the installation, esthetics, and maintenance of telecommunication towers and antennas within the city, ensuring protection and safety to private property owners and the public as well as promoting co-location of antennas on existing towers.

The Law Director stated the proposed ordinance would provide standards appropriate for telecommunication towers through a Special Use Permit, which requires review of each application by the Planning Commission and City Council. She stated the proposal was developed by a committee of City Council with input from industry representatives, residents, and the administration. She said the Telecommunications Act of 1996 established such towers as a public utility, which limits the extent to which municipalities can impose regulations. She added that the proposed regulations encourage co-location of antennae on existing towers and limit the number of towers allowed through separation distance standards. She also said that a "fall zone" area based on a multiple of the tower height limits the impact on residential areas.

Don Keller, 1225 Village Trail, said that a tower proposed for the high school property would be unsightly and that he was concerned that the tower may be used for another, unforeseen purpose in the future.

Pattrick Przysiecki, 1408 Wilderness, said he believes the "fall zone" should include reference to railroad tracks and the high school stadium.

John Shattuck, 1221 Village Trail, stated his belief that additional towers would not be needed if the communication companies boosted the signals from existing antennae.

Mr. Yurysta stated he believes language should be strengthened to further support co-location of antennae.

Mr. Yurysta asked if towers would be prohibited in Ohio Department of Transportation (ODOT) rights-of-way and if such were enforceable. He stated he believes towers in highway rights-of-way may be preferable to other locations. He also asked what appeal process applicants could employ.

The Law Director stated that, as with other zoning matters, disputes over application of zoning regulations could be advanced to the Common Pleas Court.

Mrs. RIFE moved to continue the public hearing to August 27 and to request the administration to research and report on "fall zones" in railroad right-of-way and on locating towers within state/federal limited access highway rights-of-way. Seconded by Mr. Yurysta. Roll call: All members present voting yea, the Chair declared the motion carried.

Mr. YURYSTA moved to adjourn to Monday, August 27, 2007. Seconded by Mrs. Rife. Motion carried v.v.

*****************************************

 August 27, 2007 -- Minutes

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 Hasbrook presiding.

Mr. YURYSTA moved the minutes of the July 23, 2007, meeting be approved as mailed. Seconded by Mr. Teifke. Roll call: All members present voting yea, the Chair declared the motion carried.

The Chair opened the continuation of a public hearing on the proposal of City Council to institute regulations for telecommunication towers by amending the Planning & Zoning Code.

The Law Director reported that research was done on "fall zones" in relation to railroad and electric lines and on locating towers within state/federal limited access highway rights-of-way. She said no model codes addressed electric lines and railroad tracks. She stated that regulations extended to state and federal highway rights-of-way would not be enforceable. She added that the requirement of a one-mile minimum separation between towers is stricter than of any other code they had found. The Chief Building Inspector stated that the required "fall zone" for residential districts is 200% of the height plus 50 feet, measured from the base to nearby residentially zoned property. The Chairman added that telecommunication towers must be viewed the same as other basic utilities and that co-location of antennas is encouraged by these regulations.

No one from the public addressed the Commission. 
Mrs. RIFE moved to close the public hearing. Seconded by Mr. Yurysta. Roll call: All members present voting yea, the Chair declared the motion carried.

Mrs. RIFE moved to recommend to Council approval of the proposed zoning regulations for telecommunication towers by amending the Planning & Zoning Code. Seconded by Mr. Yurysta. Roll call: All members present voting yea, the Chair declared the motion carried.

An application of Northwest Ohio Mall LLC for site plan review for offices and a hotel on a parcel between the Anthony Wayne Trail and Russell Road west of Jerome Road was read. 
Mr. TEIFKE moved to set a public hearing on the application for Monday, September 24, 2007, at 7:00 p.m. Seconded by Mr. Jones. Roll call: All members present voting yea, the Chair declared the motion carried.

Mr. Hasbrook noted for the record his resignation as member of the Planning Commission effective August 30, 2007 (appointed 12/18/89). He stated he is relocating to Perrysburg Township and he commended the Mayor, City Council, the administration and members of the Planning Commission for their support.

Mr. KOHLER moved to adjourn to the next regular meeting on Monday, September 24, 2007. Motion carried v.v.

*****************************************

September 24, 2007 - Minutes

The Municipal Planning Commission met on the above date and time with the following members present: Berres, Jones, Kohler, and Rife (4); Teifke and Yurysta (2) absent.

The Secretary began the meeting stating that, with the resignation of Mr. Hasbrook, Mr. Yurysta moves to the position of Chairman and a new Vice-Chairman will need to be elected. Mr. Jones suggested postponing the election of a new Vice-Chairman until the next regular meeting. 
Mr. JONES moved to postpone the election of a new Vice Chairman until the October 22, 2007, meeting. Seconded by Mr. Berres. Roll call: All members present voting yea, the Chair declared the motion carried. 
Mrs. RIFE nominated Mr. Kohler as chairperson pro tem. Seconded by Mr. Jones. Roll call: All members present voting yea; the Chair declared the motion carried.

Mr. Kohler assumed the Chair.

Mrs. RIFE moved the minutes of the August 27, 2007, meeting be approved as mailed. Seconded by Mr. Jones. 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 T Mobile USA, Inc., agent for Maumee City School District, for a Special Use Permit to allow construction of a cellular phone antenna tower at the rear of the high school property at 1147 Saco Street.

The Secretary stated that, as the moratorium halting consideration of telecommunication tower applications has expired and new regulations have been established, the application may now be considered using the new regulations. The Chief Building Officer stated that he has had no contact with T Mobile USA, Inc. concerning their application. He said the application does not meet the standards recently established for telecommunication towers and that he will advise T Mobile of deficiencies.

Mrs. RIFE moved to continue the public hearing on the application of T Mobile USA, Inc., for a Special Use Permit to allow construction of a cell phone tower at the rear of the high school property to 7:00 p.m., October 22, 2007. Seconded by Mr. Berres. Roll call: All members present voting yea, the Chair declared the motion carried.

The Chair addressed the application of Nextel West, Inc., agent for Detroit Avenue Plaza, LLC, for amendment of a Special Use Permit to allow additional antennas to be placed on the water tower at the Parkway Plaza.

The Secretary stated that a public hearing was scheduled for January 22 and again for July 23, 2007, and not held due to the moratorium imposed on telecommunication tower applications. He recommended the public hearing be rescheduled to allow for publication of a notice of the hearing. The Chief Building Officer stated that he has had no communication with Nextel West, Inc., and that he would notify them of the new regulations and the hearing on the application.

Mrs. RIFE moved to schedule a public hearing on the application of Nextel West, Inc., for amendment of a Special Use Permit to allow additional antennas to be placed on the water tower at the Parkway Plaza for 7:00 p.m. on October 22, 2007. Seconded by Mr. Berres. Roll call: All members present voting yea, the Chair declared the motion carried.

The Chair opened a public hearing on the application of Northwest Ohio Mall LLC for site plan review for a twenty-acre parcel named Fallen Timbers Business Park between the Anthony Wayne Trail and Russell Road west of Jerome Road that would allow construction of two office buildings, a hotel, and a bank.

A letter from the Building and Zoning Inspector (9/18/07) was read. He stated that the site plan submitted for review is complete and in accordance with Chapter 1130 of the Maumee Codified Ordinance. He added that signage was posted on the property announcing the hearing.

A letter from the Director of Public Service (9/20/07) was read. He stated that water and sanitary sewer service to the site is under the jurisdiction of Lucas County and will need to be coordinated with the Lucas County Sanitary Engineer. He said the landscape plan is acceptable and the storm water plan has not been submitted. He also stated that the site plan does not address access to Russell Road for the southerly adjacent 17.4 acre parcel and that the configuration of these parcels and their proximity to Fallen Timbers Lane will not allow an additional full access, signalized intersection on Russell Road specifically to serve the adjacent parcel. He recommended provisions be incorporated to provide access from Russell Road to the adjacent parcel.

A letter from the Public Service Director (9/24/07) was read. He stated that he has reviewed the Traffic Impact Study (TIS) as submitted for Fallen Timbers Business Park and that it addresses the impact of the proposed development on the area roadways. He noted the traffic study is dependent upon connecting Russell Road to Jerome Road which is projected for as soon as 2009.

The Chair administered an oath to each person who provided testimony.

Gene Abercrombie, attorney representing the applicant, stated that the application complies with the Maumee Revised Code 1130.05 and he requested approval this night.

Rod Blake, Senior Development Director, General Growth Properties, Inc. (GGP), representing the applicant, gave an overview of the project stating his belief that the proposed expansion site plan is consistent with the design objectives set for the area and that the proposed new offices, bank, and hotel will complement the Shops at Fallen Timbers site.

Rich Bertz, Mannik & Smith Group, engineer for the applicant, described the local water lines, storm drainage, and sanitary sewers and described improvements needed for the development.

Jean Hartline, Mannik & Smith Group, traffic engineer for the applicant, described road improvements needed and the correlating improvements in phase one construction now underway. She stated that traffic volumes were added for the Metropark's planned visitor center and to recognize development of the adjacent seventeen-acre parcel.

Mr. Kohler asked what buffer/screening would be provided for the four residential homes on Jerome Road south of Russell Road.

Mr. Bertz replied that buffer mounds on Jerome Road, immediately south of the old Russell Road, are not feasible due to drainage requirements and that landscape plantings would be installed to provide a buffer. He added that the Metroparks are planning the extension of the bike path on Jerome Road and additional improvements with that.

The Building and Zoning Inspector stated that the site plan approved for the Shops at Fallen Timbers provided for a Jerome Road buffer, which shall be for mounding and landscaping only with no access, buildings, parking, or signage within that buffer zone.

Mr. Jones asked if the current traffic plan would be able to accommodate future development of adjacent property by the Isaac Group. Ms. Hartline responded that projections of background traffic account for general traffic levels recognizing retail uses. She stated traffic volumes cannot be accurately projected without knowing specific uses and plans are not available for the adjacent parcel. 
Mr. Jones asked what would happen should the Isaac Group decide to develop that property with a much higher traffic expectation. 
The Service Director responded that development of the Isaac-owned adjacent parcel would more than likely trigger the need for a new traffic study and such a study would identify improvements needed to accommodate that development. 
The Service Director stated his belief that development of the adjacent parcel would generate more traffic than that parcel's frontage could handle due to the proximity to the intersection of Fallen Timbers Lane and Russell Road. He suggested that full development of the adjacent parcel might require access through the property of the current application and proposed that approval of the current site plan be conditioned upon granting of a cross-access agreement to serve both parcels. 
The Building and Zoning Inspector stated that there are 1,230 proposed parking spaces, which is 50 more than required which indicates space is available for an access drive.

Mr. Abercrombie stated that it is GGP's intention to work with any future developers to find an appropriate way to grant them the access with the obvious expectation that they would have some sort of maintenance agreement; however, he objected to the imposition of such a condition when no plans have been presented for the adjacent parcel.

Mr. Blake stated that GGP is willing to provide access through an area west of the hotel site and agrees to cooperate with the owner of the adjacent land.

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

Mrs. RIFE moved to approve the Fallen Timbers Business Park site plan submitted by Northwest Ohio LLC for offices, a hotel, and a bank on a parcel between the Anthony Wayne Trail and Russell Road west of Jerome Road subject to a storm drainage plan acceptable to the Service Director; and subject to road improvements connecting Russell and Jerome Roads, on the condition that the applicant cooperates to assure that access is provided to the property south of this particular development with improvements acceptable to the Service Director. Seconded by Mr. Jones. Roll call: All members present voting yea, the Chair declared the motion carried.

A proposal by the City to allow a lot split of the former Fort Miami School parcel (Scott's Addition, blocks 7 and 8) was presented.

The Secretary stated that the reason for this request is that the proposed width (forty feet) is less than the minimum requirement (sixty feet) and may be approved only by the Commission. He also stated that this property is intended to be attached to commercial parcels fronting River Road to allow more area for parking.

Mrs. RIFE moved to approve a lot split of the former Fort Miami School parcel, as requested. Seconded by Mr. Jones. Roll call: All members present voting yea, the Chair declared the motion carried.

Mrs. RIFE moved to adjourn to the next regular meeting on Monday, October 22, 2007. Motion carried v.v.


                          *****************************************

October 22, 2007 -- No Meeting

*****************************************

November 26, 2007 -- Minutes

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

An oath of office was administered to Mr. Richard Sargeant, who was appointed to an unexpired term ending December 31, 2007.

Mr. JONES moved the minutes of the September 24, 2007, meeting be approved as mailed. Seconded by Mrs. Rife. Roll call: All members present voting yea, the Chair declared the motion carried.

Mr. KOHLER nominated Mr. Jones to the position of Vice-Chair. Seconded by Mrs. Rife. Roll call: All members present voting yea; the Chair declared the motion carried.

Mr. KOHLER moved that a term be set for Mr. Yurysta as Chair and Mr. Jones as Vice-Chair extending from 2008 through 2009. Seconded by Mr. Teifke. Roll call: All members present voting yea; the Chair declared the motion carried.

The application of Brett Setzer, agent for R.C. & A.M. Curry, for a change in zoning from M-2 Industrial to C-2 General Commercial for property at the rear of 1361 Conant Street was presented.

Mr. TEIFKE moved to schedule a public hearing on the application for a zoning change for property at the rear of 1361 Conant Street, for 7:00 p.m. on January 28, 2008. Seconded by Mrs. Rife. Roll call: All members present voting yea, the Chair declared the motion carried.

The application of St. Luke's Hospital for amendment of the Special Use Permit at 6071 Monclova Road to allow construction of a new medical office building west of the hospital was presented.

Mr. KOHLER moved to schedule a public hearing on the application of St. Luke's Hospital for amendment of the Special Use Permit to allow construction of a new medical office building at 6071 Monclova Road for 7:00 p.m. on January 28, 2008. Seconded by Mr. Jones. Roll call: All members present voting yea, the Chair declared the motion carried.

The Secretary reported a minor modification of the Hyde Park Planned Unit Development Permit was approved according to Resolution No. 2-1999 to allow a 48-inch high, 3-rail fence at 405 Hertford Court. Mrs. RIFE moved the report be placed on file. Seconded by Mr. Teifke. Roll call: All members present voting yea; the Chair declared the motion carried.

Mrs. Rife moved to adjourn to 7:00 p.m. on Monday, January 28, 2008. Motion carried v.v.

*****************************************

December 2007 - No meeting.