Toledo City Plan Commission - Regular Meeting

Good afternoon. This is a regularly scheduled meeting at the Toledo City Plan Commission. Miss Cottrell, will you please call the roll?

Here. Emery Whittington? Here. Greta Raycoff?

Here. Chris Ball?

Here. Mister Cherry, I have a quorum. A notice this meeting was posted in the office of the Toledo County Planning Commission's, Clerk of Council's office, and the lobby of one government center. A copy of that notice is available for inspections in our files. If anyone would care to do so, let the record show commissioner Gross Weller is here also.

Thank you. We have a procedure here at the Plan Commission that if you plan on giving testimony today, we must swear you in. So I will call each case in order. We will ask that the applicant step forward to the lectern. We will ask for your name and address, and then we will swear you in before you give testimony.

An applicant will have roughly five minutes to present their application. After their presentation, the commissioners will have unlimited time to ask questions. After those questions, the audience will have an opportunity to either give support or opposition to an application. Audience members will have no more than three minutes for their testimony. After the conclusion of all testimony, we will give the applicant a chance to give any closing remarks. Miss Cottrell, do we have any minutes to approve?

We do. We have the minutes of the special meeting of 04/09/2026.

I will accept a motion on those minutes.

So moved. Seconded.

We have a first and a second to approve the April 9 minutes. All those in favor say aye. Aye. Any opposed? That carries unanimously. Do we have a director's report? We do not. Miss Cottrell, we we recently had something occur. Do you mind giving a brief statement on that?

I I will. So if any applicants in the audience receive a link via email from our office stating you owe additional fees, you should just delete that and not don't click on it. Don't don't pay any additional fees. If you're here, your fees have been paid. So that's a fraudulent link.

Unfortunately, we have discovered that someone has sent out scam letters attempting to solicit payments that aren't appropriate. So if you do get one of those letters, contact the plan commission staff before you do anything else. Do we have any requests for postponement, deferral, advancement? We do not. And any final plats? No. Okay. So let's go ahead and read the first case into the record.

Item number one is case Z260006, zone change from CR Regional Commercial to R M 36 multifamily residential at 802 And 806 Nebraska Avenue. Staff recommends approval for the following three reasons. The proposed rezoning rezoning is consistent with the Fort Toledo plan and the stated purpose of zoning code. The proposed rezoning is consistent with the zoning classifications of properties within the general vicinity of the subject property, and the subject property is physically suitable with

the uses permitted in the proposed zoning classification. Thank you. Is the applicant present for this case? Sir, please step forward. Name and address, please.

Yes. Corey Savage. 806 Nebraska Avenue, Toledo, Ohio.

Will you please raise your right hand? Yes, ma'am. She left. Do you swear that the testimony you're about to give is the whole truth? If so, say I do. I do. Thank you. Please tell us about your case.

In reference to this case, I actually own 802 And 806 And 810. 810 is already zoned for multi, resident. 806 And 802 is a part of a commercial, zoning, I think, which took place back in nineteen twenties that it never switched over to multi residents. I'm trying to get it switched back over to multi residents because I'm in a process. I'm I'm the owner of Savage Residential Care. I own group homes in the city of Toledo. With the housing crisis, I wanted to open up a man's facility. Right? You know? And that's not within two minutes away from the ZEP Center for mental health patients to receive care and adequate housing.

Thank you. And so your your request is essentially to rezone those two parcels from regional commercial to R M 36 multifamily?

Correct. Because if not, the process for the mental health facility, it wouldn't it wouldn't go through. It has to be zoned. It can't it won't get approved without the CR being switched over to multifamily.

Thank you, sir. Commissioners, any questions for the applicant? Hearing none, I will ask is there anyone in the audience who would like to speak in favor of or opposed to this application? Alright. Dana, did we get any calls, emails, other correspondence in advance today's hearing regarding this case?

No, sir. We did not.

And just for the record, this rezoning will allow applicant to go forward with the project as anticipated?

Correct. Yes. It will allow for a residential facility small, which the applicant is applying for.

Thank you. Commissioners, any final questions for the applicant? Sir, any final statements? No, sir. Okay. At this time, I will accept a motion on this case, Z26Dash0006.

Whittington will make a motion to approve.

Mamani will second.

We have a first and a second to approve the application. All those in favor say aye. Aye. Any opposed? That carries unanimously. Sir, you'll be back in front of city council when, Lisa? When will this one come back?

June 17.

June 17 in these chambers.

Thank you.

Thank you. Good luck to you.

Thank you.

Okay. Let's read case number two into the record, please.

Item number two is case Z260007Zone change from CR Regional Commercial to CRSO Shopping Center Sign Overlay District. At 2740 West Central, staff recommends approval for the following two reasons. The proposed rezoning is consistent with the Ford Toledo plan and other shopping center developments nearby. The proposed rezoning will allow for unified sign plan, which will create a development with cohesive design in line with the Ford Toledo plan's quality design goal. There's a revised staff partner folders including in addition to the staff recommendation on page two ten.

So that addition is a condition of approval that will put the waivers in the hands of either the plan commission or the plan director in line with the code. The code allows that process. We did something similar with Westfield, Franklin Park when it expanded, and Westgate South.

Thank you. Is the applicant present? Sir, please step forward.

Good afternoon.

Good afternoon. Name and address, please.

Jim Sutfin. 30 North LaSalle Street, Chicago, Illinois.

Will you please raise your right hand?

Do you swear the testimony you're about to give will be the truth? If so, say I do.

I do.

Thank you. So obviously we had you here a few months ago for both aspects of this site. Why don't you tell us about what this request relates to?

So this is related to both Westgate Village North and the Village On C Corp, both projects, so we're trying to do this all at once. Basically the way the Shadoptic Center is laid out, we have gone before the plan committee and are requesting a number of location changes and quantity changes for tenant signage. All generally based upon what the tenants are going to require as we go forward.

And so this would allow if we grant this application this question is for you and then I'm going to address at the lease as well. This would allow the plan director to approve these signs on an as needed basis as you continue to develop the site, correct?

Correct. Each of the tenants will come in with their own formal time design and so forth, but these are mostly for locations.

Thank you. And Lisa, would those be administrative approvals at that point if we give you the power to approve those?

They can be or they can be brought back to the commission.

How many tenants are we thinking are going

to be in this site? Between both sites probably close to 20.

20, okay.

Alright. And outside of the the change in the sign overlay, no other no other changes to your plans that were approved a few months ago are contemplated here. It's this is all related to signage.

Yeah. Correct. Correct.

Alright. Thank you. Commissioners, questions for the applicant?

And if I can, mister chair, the what prompted the zone change was the overlay allows the multi tenant sign, which matches the sign across the street at Westgate South that the CR zoning does not allow. The overlay actually allows that sign. We'll need a BZA waiver for the height, but the sign itself is now permitted because of the overlay.

Thank you, Lisa. Commissioners, questions? Brief discussion. I think under this application, we can either refer the future sign approvals to this body as a whole or to the plan director for administrative approval. Are there any thoughts on which this body would prefer?

I'm thinking that's referred to the plan director.

I agree. Okay.

Lisa, the revised staff report, it allows for either or. So I think we can improve it as is. Okay. And then we'll leave it to your discretion to bring any signs to us you think are necessary.

And I will keep that line of communication open with you if I think there's a sign of concern. Any

further comments or questions from the commissioners?

I guess this is just more of a detailed thing Mr. Chair. So looking at your site plan with the signage locations, I'm just curious, of the two the largest shopping proposed retail facility on the top right there and then the one next to it, do they not have signage associated with them or it's just not marked?

They're coming in separately for theirs.

Okay, it'll be separate? Yeah. Oh, okay.

If I may, the way it was explained to me is they're just gonna have one sign each and it's just not shown on this plan. But it'll still go in the CRSO.

That's correct.

Okay. Any

additional questions commissioners? Hearing none, I will ask, is there anyone in the audience who would like to speak in favor of or opposed to this application? Alex, did we get any calls, emails, or other correspondence in advance today's hearing?

We did not.

Thank you. Commissioners, anything else? Sir, any final comments? Okay. I will accept a motion at this time on KZ26Dash0007 as reflected in the modified staff report in your in your folders.

Paul will make a motion to approve as modified.

Mamani will second.

We have a first and a second to approve the application. All those in favor, say aye. Aye. Any opposed? That carries unanimously and you will also be back here next month in front of city council. Thank you and good luck.

Thanks. Thanks.

Okay. Case number three, please.

Item number three is case v seventy five twenty six, vacation of a portion of Jefferson Avenue lying between Water Street and the Maumee River. Staff recommends approval for the following three reasons. The proposed vacation will correct the encroachment of Jefferson Avenue Comfort Station in the right of way so it is situated on one on one parcel. The proposed vacation will ensure that vehicular access to the Maumee River is maintained. The proposed vacation is consistent with the four Toledo plan. Staff further recommends approval subject to seven conditions, will be reflected in the minutes and not render the record unless there's requested I do so.

Is the applicant present? Hi. Name and address, please.

Haley Kennedy, 29262, Stony Hill, Perrysburg, Ohio.

Will you please raise your right hand?

Do you swear that the testimony you're about to give will be the truth? If so, say I do. I do. Thank you.

Please tell us about your project.

Yes. So this is a vacation of a portion of Jefferson Avenue. There's currently an encroachment on the Jefferson Comfort Station, so this just corrects that.

Thank you. And I wasn't completely clear as I was reading through the materials. Are we vacating just a portion of Jefferson Avenue or is it that entire shaded area where it's designated as the site?

So it's going to be a portion. So if we look to the left of the center line, 18 feet from the curb is what we're actually going to be vacating.

That way the building is not sitting in the right of way essentially.

Correct.

Okay. But there won't be any other impact to access to the river from that from Jefferson. It'll just be a small vacation.

Correct.

Okay. There are a few conditions of approval attached to the application. Have you had a chance to review those conditions?

I have.

And are you in agreement with those conditions?

I am.

Thank you. Commissioners, any additional questions for the applicant? Hearing none, I will ask is there anyone in the audience who wants to speak in favor of or oppose to this application? And hearing none there, Lisa, did we get any calls, emails or other correspondence in advance of today's hearing?

We just got a call from a representative from ProMedica because they have the parking garage that's right there and they were just concerned about access and we let them know that what they're proposing to vacate will not affect that access.

And the Department of Transportation has approved this and they're comfortable with it, correct?

Yes, we sent the revised, we did get a revised survey and legal description. And I did give it to both fire and transportation and they both have said that they are okay with the way that they're proposing the vacation.

Thank you. Commissioners, any additional questions? Any final comments from the applicant?

Nope. Okay.

Then at this time, I will accept a motion on this case v 75Dash26.

Mamani will make a motion for approval.

Paul will second.

We have a first and a second to approve the application. All those in favor say aye. Aye. Any opposed? That carries unanimously. Lisa, does this go before city council or does this go to the border revision next?

This goes to city council on 06/17 and then the border revisions after that.

Okay. Good luck to you.

Thank you.

Case number four please. Item number four is case SUP260015, special use permit for new cemetery at 722 East Bancroft Street. Staff recommends approval for the following three reasons. The proposed cemetery is consistent with four Toledo plan. The proposed cemetery will reuse vacant lots in the city without negatively impacting nearby properties. And the Toledo County Health Department has no objection to the cemetery. Staff further recommends approval subject to 12 conditions which will be reflected in the minutes and not read into the record unless there's requests that I do so.

Thank you, Lisa. Is the applicant present today? Sir, please step forward.

Hi. How you doing?

Hi. Name and address, please.

Justice McNeil in 722 East Bancroft Street, Toledo, Ohio.

Will you please raise your right hand?

Do you swear the testimony you're about to give will be the truth and nothing but the truth? If so, say I do. I do. Thank you.

You're welcome. Sir, tell us about the project and I'd love to hear why this location was picked as

well. Well, this is like one of the oldest, this is the oldest mosque in the state of Ohio. So it's a little bit of a historic to the city of Toledo actually. And it just serves the religious and cultural needs of the community. Makes it simple enough.

And this lot I'm assuming is in close proximity to the mosque and so it makes sense to have it near your gathering space.

Oh yes, sir. Absolutely.

Okay. There are 12 conditions of approval in this application. Have you had a chance to review those?

Yes, sir.

And do you approve of those conditions?

Yes, we do. I mean I'm representing the mask as you know. So we do intend comply with them. We just we can have a little bit of time to meet all those needs if that's alright.

Understood. Commissioners, any additional questions for the applicant? Hearing none, I will ask is there anyone in the audience who would like to speak in favor of or oppose this application? I do see a hand. Ma'am, you may come forward to the lectern and we'll we'll get your name and address. Sir, if you just want to sit for a moment. Hi there. Name and address, please.

My name is Wanda Love. My address is 2123 North 12th Street, and I also represent the Warren Sherman community.

Will you please raise your right hand?

Do you swear that the testimony you are about to give will be the truth? If so, say I do.

I do. Thank you.

Please go ahead.

Yes. I well, I first would like to say after listening to the gentleman about the mosque, I hope I pronounced it correctly, that location 722, Bancroft has been many different things. Even at one time it was, it was occupied. Lucas County had job and family services there. So that building has occupied a lot of different things.

But as a community, there we I'm not going to say them we are strongly objective to it for several reasons. One, mainly the environmental. It has potential hazard for and we have a look into some of the information whereas if it become a cemetery and nothing against their religion, but they do not, embalm. And when you don't embalm and you're buried directly into the ground, it is stated that it is detrimental that it can create when it decomposes, it can cause contamination to the ground, to the water, and other things. And one of the main things we'd like to do is first of all get a better understanding of far as health conditions.

The community is prepared, which I asked them not yet to do, but they're prepared that if necessary to even sign a petition not to put this cemetery there. So, we do meet on this commissary. It's our regular meeting and when I so we I can take back information to the residents. But as I don't want to dispute him, but I don't know how that's the oldest mosque in Toledo. When that building has only been occupied by them, I I I don't know exactly, but I know it's it's been under twenty years.

So and and anything in the city, to say the longest, it has to be well more than twenty years. I have lived at 2123. I've been resident of Warren Sherman since nineteen nineteen fifty four, and it was not there. So it's not as old as I am.

I I I appreciate that. We're we're not here today to approve the mosque itself, the just the the potential, you know, the project in front of us. So the mosque is kind of unimportant to this discussion. Okay. So do you know if the applicant has had a neighborhood meeting? Has there been any outreach to the neighbors How in the

we were informed was at our Cherry Legacy meeting, there was a young lady that would came to our Cherry last Cherry Legacy meeting and informed us at that time that they were preparing to ask for a cemetery to be there. That has been the only information that we have received to date.

Thank you. Alex, has there been a neighborhood meeting on this held?

There has not.

Okay. Thank you. Ma'am, do you have anything else you'd like to add?

No, sir.

Okay. Thank you very much. Thank you. If you can sit back down. Sir, would you please step back up to the microphone?

Obviously hearing there are some concerns with the neighbors in the community about this. Are you opposed to having a neighborhood meeting to discuss your project with the neighborhood and offer the chance to become educated about what you're trying to do here?

I'm not opposed, so yes, we can definitely have that meeting.

Okay. Normally in these circumstances commissioners, I think it's best to have a neighborhood meeting. Sir, do you think if we deferred your case for thirty days, do you think you could have that neighborhood meeting within the next month and come back next month for our next hearing?

Absolutely. Okay.

What you can also do is you can work with Alex here to get a list of the neighbors surrounding this parcel and so that they can all get notice of whenever you decide to schedule that meeting. But I would ask the woman here who represents the neighborhood, it might be good to get her information today and work with her to coordinate that meeting.

Absolutely. Excellent.

Thank

you. So I'm going to make a motion from the chair to defer this case for thirty days to allow a neighborhood meeting to take place. Is there a second to my motion?

Seconded.

We have a first and a second to defer for thirty days. All those in favor say aye. Aye. Any opposed? Okay, sir. So please have that meeting and we will see you back here next month.

Thank you for your time.

Thank you very much. Okay. This is case number five.

Item number five is case s 260005, preliminary drawing of Dorhaven Homes at 3801 Dorr Street. Staff recommends approval for the following two reasons. The proposed development is consistent with four Toledo plan and the preliminary drawing meets the requirements of the city Toledo subdivision rules and regulations. Staff further recommends approval subject to 27 conditions, which should be reflected in the minutes and not read into the record unless there is a request that I do so. Is the applicant present?

Sir, name and address, please.

Yep. Greg Feller, Feller Finch and Associates, 1683 Woodlands Drive in Maumee.

Do you swear that the testimony you're about to give will be the truth? If so, say I do. I do. Thank you.

Yep. Mr. Feller, it's rare we get you at a city hearing. Not only the county. Right. Why don't you go ahead and tell us about the project?

Sure. So we're requesting approval of a preliminary drawing to build, I forgot the number last 30 whatever it is, 32 I think. And so just want to point out, so the zoning on this property has already been changed. So the zoning is in place. We're just asking for a approval of a preliminary drawing for the project.

The as Lisa said, as far as I know, need all the requirements and regulations of the zoning code and subdivision regulations. It's proposed to be a private development, private roads. Just it it and we did a similar development at Fieldbrook to this and it turned out really well. So it just kinda creates a little more of a neighborhood feel with the private roads. House house is a little bit closer to the street.

So will there be a neighborhood association, a homeowners association that will maintain those roads Right. Into the future? Yes. Okay.

Yep. And like I say, I know there's I believe 27 conditions in the in the recommendation. We agreed all those. So I don't really that's all I have.

Thank you. Commissioners, any questions for the applicant? Well, I know

that I'm sorry. Have one

Go ahead.

Mentioned there was another development. Is that in the city of Toledo?

No. Fieldbrook. It's in Springfield Township. It's just on the South Side Of Bancroft.

What's the name of the?

Fieldbrook.

Fieldbrook. Yeah.

This this is kinda the the street setbacks was was modeled after that development.

And they're not rent are these gonna be for sale?

They're yeah. They're platted lots, So they they will be have the ability to sell them.

So you're gonna be the developer that's gonna build each one or you're selling the lots separately?

That I'm I'm not the developer. I don't know. I'm just the engineer.

Oh, you're you're

you're the architect. Okay.

Yeah. Yeah. I'm I'm not sure if they're gonna build every one or if they're gonna sell lots.

Okay. But You're not sure?

I'm not Okay. Correct.

Alright. Thank

you. The legal reality of this approval though is it would create upon approval of the final plant 32 lots. Those lots could be sold, they could be developed, they could be rented. Once the lots are created, they're freely transferable. Correct. And this preliminary drawing is subject to modification in the future. They'd have to come back to us. And then obviously it's subject to our approval of the final plat within three years of the approval of this preliminary drawing. So commissioners, any other questions for the applicant? Hearing none, I'll ask is there anyone in the audience who would like to speak in favor of or oppose to this application?

Okay. Alex, any calls, emails, or other correspondence in advance today's hearing?

Yes, we did get one call opposing it and I believe she sent in a letter which has been forwarded to you.

Thank you. Commissioners, any final questions for the applicant? Mr. Feller, any final comments? Thank you. I will accept a motion at this time on case S26Dash5. Motion to approve.

Go further or seconded.

We have a first and a second to approve the application. All those in favor, aye. Aye. Any opposed? That carries unanimously. Lisa, does this go to counsel or is this done with us?

This does not go to counsel. This is the last hearing.

So just the final plat and you're all done. Thank you and good luck.

Thank you.

Okay. Case number six, please.

Item number six is case SUP260008, special use permit for gas and fuel sales at 5303 West Bancroft Street. Staff recommends approval for the following four reasons. The proposal allows for the reuse and reactivation of the vacant unoccupied site similarly to how it was previously used since the nineteen sixties. The proposal is consistent with surrounding commercial uses. The proposal is supportive of the four Toledo plan build and sustain themes, and the proposal will result in an improved site including main building facade improvements, increased landscaping, decreased impervious surfaces, bike parking, and increased site safety with the removal of access drives to Bancroft Street and Reynolds Road.

Staff further recommends approval subject to 40 conditions, which will be reflected in the minutes and not read into the record unless there's a request that I do so.

Thank you. Sir, name and address, please.

Kevin Brown, 325 Superior in Rossford, Ohio.

Sir, go ahead. Hassan Hamami, seven twenty one Fountain View Drive, Flushing, Michigan.

May you

please both raise your right hand.

Do you swear the testimony you're about to give will be the truth? If so, say I do.

I do. I do. Thank you.

Gentlemen, tell us about your project.

Okay. So my client has a gas station on the corner of Bancroft And Reynolds that was it's been there since I think 1963, and it was previously basically one old service station where you got your car repaired. Well, he's gonna keep the gas station, but we're gonna now turn into a convenience store. And that's just modernizing it, and he's going to make it look a lot better than what it is currently. And that's pretty much all we're doing.

Is it open currently? No. Okay. And so the the proposal is to keep the gas pumps, but to modify the

Well, I think the issue here is that it's been closed for six years, and that's why we have to go through this special use permit Yeah.

The special use permit that would have been in place has expired.

Yeah. Yeah.

Exactly. But you are gonna do a major renovation to the building itself?

Yes. Okay.

Just give me a moment. There are 40 conditions of approval with this application. Have you had a chance to review those conditions?

I have gone through all of them and I've been working with Lisa on these.

Are there any objections or are we

Not really. I I do have a question on one about electric vehicle charging. Is that a requirement?

Which, do you remember which condition that was? I'm looking for it.

You

show It's the first one in the planning section. It's a standard, essentially we started putting that in as a standard condition for gas stations. If they decide to ever do that, it would be number 21. They ever add it, that it would be.

So it's not required. What it's saying is if you decide to install them, you have to meet the code requirements that are in effect at that time. Okay.

And I don't want to interrupt you. I just want to add in your packet, you have an updated comments from environmental. They came in after we submitted our staff report or published it. So they had their standard comments and I put those in your packet for you. So essentially you would be approving it. I did forward it to Kevin and the applicant so that it would be actually 46 conditions, just so you're aware.

And that is this this email that I'm looking at. Correct?

That's correct.

And sir, have you had a chance to review these conditions? Yes. And you're okay with the conditions?

Yes.

Okay. Okay. I don't have any further questions for the applicant at this time. Commissioners, any questions? Hearing none, I will ask is there anyone in the audience who would like to speak in favor of or oppose this application? There is one hand up. So gentlemen, I'll ask for you to take a seat for a moment. Sir, you may step forward. Afternoon. Good afternoon. Name and address, please.

My name is John Doty, d o u g h t y, one nine two six Harlan Road, Toledo, Ohio.

Please raise your right hand.

Do you swear the testimony you're about to give will be the truth? If so, say I do.

I do.

Thank you.

Sir, what would you like us to know?

I noticed on the application there's 40 requirements for it to be approved. I'm just worried that the project will stall halfway through and we'll be left with a vacant construction site in my neighborhood, an extended project in my neighborhood. Also, I'm concerned about lighting. For example, the Speedway Station at Reynolds And Door is very bright, has extensive lighting. Will that be the same type of lighting at this project?

I'm just

wondering. So that's something that's concerned that they'll stall halfway through the project and they'll, you know, maybe run out of money or something. We'll be left with a vacant building. Well, it's a vacant building now, but uncompleted project.

Thank you. Is there anything else you have questions about? No. Okay. Give me a moment and we're going to answer those questions for you in just a moment.

Alright. Thank you.

Lisa, I know we have lighting requirements in the conditions and in our approval. Do you mind talking about those lighting requirements for a moment?

Sure. We require in our code that all lighting is directed and or shielded downward so that there is no light spillage on adjacent properties or the roadway.

Feel free to step up so you can

Could you use the microphone please?

Oh yeah, absolutely. Essentially, we do have the requirement that all lighting be shielded, either it's shielded or directed downward so that there is no light spillage on the roadway or adjacent properties. So if that does become an issue, they can always call our office and we can take a look at that.

Okay. And I'll ask the applicant this question if you don't mind coming back up. Easiest way. Do you have concerns that you'll be unable to finish the project?

I actually brought you some pictures of my existing projects that I've been doing in the last few years. I have almost 23 stations in Michigan. And when I came to Toledo, really liked that corner and I seen it look like an eyesore. That's the reason what attracted me to the town. And then it took me long to get to this level because it had a problem between the previous owner and the lawsuit against somebody selling fuel. So I'm actually upset that it's taken me a year since I closed and I'm still closed. My money's stuck over there. I want to finish it and get it going so I can get some business in there. And for the lighting, we're trying to make it a welcoming place, not a place to hurt people's eyes. So it's only going to have lights on the canopy.

Nothing on a parking lot. And the canopy lights will light up the walk in area. Mhmm. And whatever under the canopy where the cars is. And it's not going to be twenty four hours. So we're planning on closing at 10PM.

Excellent.

So we want to make it like when people start driving 5AM to 10PM. We wanted to help make something nice in the area.

I think if I could add something if it's okay. So the conditions just to clarify for the gentleman, the conditions that we have on here as far as the plan commission, the other conditions need to be complied with prior to our signing off on building permits so building can move forward. So essentially they need to comply with those before they move forward with construction.

And we've had conversations between ourselves that none of those 40 issues are things undoable.

Yes. And and we actually submitted plans for the building inside, and we got them all to pass approval with Jim, the guy in the city, but we could not pull any permits, start working inside, or make the building look nicer until the special permit is approved for outside. So I really would like to get that in order to start working hopefully this summer. Work in the winter time is hard. So I really would like to have things lined up where I can just get my permit for the inside and start working on it.

Understand. If possible. It never goes fast enough. Right?

I know. I know. I'm sorry. It's I'm just trying to make it quicker, you know.

I did want to just point out to both of you as one of those conditions state, the the hours of operation do begin at 05:30 a. M. Per code.

So no problem. 05:30 or six a. M. To ten p. M. That's our plan.

I don't have any additional questions for the applicant commissioners. Is there anyone else in the audience that wants to speak on this case? Any closing comments? Anything else you want to add? Okay. I'll accept the motion at this time on SUP 26 dash zero zero zero eight.

I'll make a motion for approval.

One moment and a second.

We have a first and a second to approve the application. All those in favor say aye. Aye. Any opposed? That carries unanimously. You'll be back in front of city council next month.

Thank you very much.

What day is that meeting?

Lisa, is that the seventh seventeenth?

June 17. Yes.

June 17 at 4PM in here in these chambers.

Do we need to bring anything with us?

What you brought today is is fine. Okay.

Okay.

Thank you very much.

Mhmm.

Good luck to you. Thank you. Think this is case number seven, Lisa.

Yeah. Item number seven is case SUP260012, special use permit for used auto sales at 5057 Lewis Avenue. Staff recommends approval for the following two reasons. The proposal includes utilizing existing building which is directly contributing to the city's building preservation goals and staff recommends approval of landscaping improvements along the north and west property lines eliminating the north northernmost row of parking spaces. This improvement is necessary as residential uses above the site and landscaping buffers needed to screen the auto oriented use from homes. Staff recommends approval subject to 18 conditions to be reflected in minutes and not read into the record unless there's a request that I do so.

Thank you. Is the applicant present? Please step forward.

Hello. How are you guys?

Hi. Name and address, please.

Daoud Maya. 5057 Lewis Avenue.

Go ahead.

Do you swear the testimony you're about to give will be the truth? If so, say I do.

Yes. I do.

Thank you.

Sir, tell us about the project.

The project is I it's a building that looks looks good and it has a nice space inside of it. I wanted to do a showroom inside. Cars, we like structure the whole building like make it look good. You know, paint it inside, outside, and make it look visible good on the street of Lewis. And I see Lewis has already been changed all over, make a new makeover, and I wanna make bring something nice to the neighborhood. It's it's a bit big and all the requirements that I'm that you guys need, I'll I'll take care of it.

Is the plan is to have an indoor showroom and also outdoor sales, correct? You're going to have cars in the lots as well?

Correct.

Okay. There are, let me count them here. There are 38 conditions of approval with this application. Have you had a chance to review those conditions?

Not at the moment, but yeah. I'll do it with

So one of the major things that is outlined in our report is that the site plan submitted thus far does not have all of the required landscaping requirements. And those landscaping requirements are a requirement of this special use permit and the ongoing operation of the facility. And so those all have to be adhered to. Of course. And so you will have to submit an updated site plan that meets these landscaping requirements. It won't hold your project up to today, but before it can be finally approved, you have to submit the updated landscaping plan.

Of course, gotcha.

There's also a poll sign on the site has to come down. Do you understand that the poll sign has Yes. To be

One of them was already so there's two of them. One, we already I took it down. They said you whoever we talked to at the moment, we they said there's two of them. Have to take one of them down, so I took the other one down. The other one I might use it for, like, you know, lighting for the for the property. And if you guys want me to take it down, have no problem. I'll take it down.

Dana, if there are multiple pole signs, all the pole signs have to come down, correct?

Correct, yes. And one comment on the application or clarification I want to make. The site plan that was submitted did not have any outdoor display areas. Outdoor display for used car lots has to be spaced 50 feet from a budding residential. So if there is going to be outdoor display, we need to see that on a site plan.

Sure, okay.

So just just to be if we if we approve this today Mhmm. You are going to be limited to indoor sales only unless you come back in and do this process again to amend this permit. So if you would like to revise the site plan before we act on this to allow outdoor sales, would want to defer this case and come back next month with an updated site plan. Because if we approve it now, will not be able to do any outdoor storage of vehicles for sales purposes.

Okay. Yes, I would love to put some cars out and make you look at anybody.

Yeah, yes, yes. So

that would be, so if you're at, do you think you could have your professional who's prepared this revise it and have it submitted to us before next month's meeting?

Of course.

Okay. Then I'm going to make a motion that we defer this case to the June agenda so that the site plan can be updated. I'll make that motion. Is there a second to my motion?

We have a

We have a first second. And a second to approve the deferral to the June agenda. All those in favor say aye. Aye. Any opposed? So sir, the the the outdoor storage, the landscaping

Mhmm.

The signs, Just have your professional work on those and and communicate with the staff, and we'll see you back here next month.

Thank you so much, guys.

Appreciate

you, guys. I hope you have a blessed day, guys.

And if anyone was here to speak on that case, you can come back next month and we will we will take public testimony next month with that case. Alright. Believe this is case number eight.

Item number eight is case SUP250036. Special use permit for gas station at 5305 And 5321 Monroe Street and 4700 Nantucket Drive. Staff recommends approval for the following three reasons. The site is zoned appropriately for the proposed use and is compatible with the budding properties. A traffic impact study showed an increase in traffic flow towards Monroe and little traffic change in the traffic going south on Nantucket Drive.

The applicant has modified the curb cut to write in, out only excuse me, to write out only, which residents requested at the neighborhood meeting and planning commission hearings. Applicant has agreed to remove the on-site billboard. Staff further recommends approval subject to 47 conditions. It should be reflected in the minutes and not run to the record unless there is a request that I do so.

Mister chair, before you proceed, I will have to recuse myself from this case.

Thank you, Mr. Ball. Mr. Ball, before you exit, I just wanna put on the record that we have spoken about this in the past. Even though you have no personal involvement in this case, your firm does business with sheets and so that's why you've recused yourself for these hearings.

Correct.

And I just wanted that on the record so everyone knew what your involvement was. Thank you, sir. Okay. So welcome back. This is this is obviously the third time we've heard this case. So just a few ground rules. We've taken a lot of testimony. What I'd like you to focus on today are the changes to your site plan, the updates, the information we haven't heard yet. And then we'll ask questions after that. But if you could focus on the updates and changes, that would be fantastic.

Absolutely. For the record, name is Alex Sawicki from Sheetz, 39300 West 12 Mile Road, Farmington Hills, Michigan.

Do you swear the testimony you're about to give will be the truth? If so, say I do.

I do. Thank you.

Go ahead.

Thank you for having me. Nice always seeing you guys. I feel like I'm pretty popular in this room sometimes. You've done it a lot. Yes, I have. So, yeah, so we're going to talk a little bit about some of the changes that we made, And I'm gonna incorporate some reminders into that about who Sheets is along the way. So there are currently 47 conditions. The only condition we are objecting to is I believe condition number 30 which is hours of operation. Let me double check that it's actually thirty.

It is.

Yes, great. So hours of operation. So as you guys know, all eight thirty or so of our locations across seven states, soon to be eight, operate 20 fourseven, three sixty five, hundreds of which are within residential locations, and many of which are right here in Northwest Ohio. I actually did a little bit of researching. There are 17 businesses within three miles of this proposed location that operate 20 fourseven.

Only two of those are further separated from residential than what I'm proposing to you today. We're proposing three sixty feet to the north across Monroe and six seventy five feet south into Sylvania Township. And of course, over those eight thirty locations and nearly seventy five years in operation, we've learned a thing or two about how to operate in that type of environment. And that shows itself in site plan that you guys have. So our site plans are always thoughtfully designed for twenty four hour use.

So in this instance you can see the huge amount of buffer in the back. Also there with very little activity happening designed as a buffer to separate us from our residential friends. We put the most popular parts of our business upfront separated by our building to help shield them further. We also, as Lisa indicated, we restricted leftward exit movements out of our site onto Nantucket to help ease any potential burden from twenty four hour operation even though the traffic study which was approved by the traffic department did not require that. Furthermore, we have removed the billboard.

Our landlord was able to figure out a legal mechanism to get that done so that definitely helps us out. Sorry. Jumping back to traffic real quick. Also been working with Sylvania Township. They are going to be doing some work on Nantucket sometime next year, I believe. They're going to be installing some traffic calming measures. And Sheets will hopefully be able to donate some digital speed indicators to go on Nantucket. So hopefully that will help some people slow down. Talked about the billboard. The other thing that has come up in the past is around the use restriction.

I think that we've probably put that to bed between our legal team and the city's law department. Otherwise, we agree with staff and their recommendation on approval for both twenty four hour operation and our entire use. We believe we far exceed the city's code and we ask for that approval today.

Thank you. So I to speak for a few minutes just in more detail about the changes to the site plan itself, especially the right turn only on Nantucket. From what I'm looking at, you're also, I'm assuming you're proposing to put in that divider in the middle of Nantucket to prevent

Prevent off road.

Prevent off road or left turns out of that right turn only Correct. To try to really mitigate that issue. Has there been any additional thought about putting in any speed bumps towards the residential portion of Nantucket? Have there been any discussions with Division of Transportation about that? I know you've spoken to Sylvania Township, more just concerned about the Toledo portion that hits the township.

We are on board to do so, but it's our understanding that the city traffic department does not want that.

Okay. Okay. But you've you've had those discussions?

Yes. At a high level.

Okay.

Thank you. And as you've stated today on the record, there is a condition that the billboard must be removed. That is now feasible. That that is part of the plan that will occur if this is approved. Correct. Okay. And I know we need to discuss the hours of operation, but is there anything else in this plan that you'd like to update us on before we take any before we ask any further questions?

No. I mean, there really were very few issues and I believe we've addressed them.

Okay. I don't have any further questions at this time, commissioners. Any questions for the applicant? Hearing none, at this time, I'm gonna allow public testimony. If you've already spoken on the record in this case and you wish to make the same comments, just be aware you do not need to. Those will still be part of the record. But anyone who wishes to speak today is welcome to come up and do so. Ma'am, you may step up to the lectern. If there's anybody else that would like to speak, you can just make a line in the hallway there and we'll take them one at a time. Ma'am, name and address, please.

Laura

Drehyme. What's my address? I'm on Nantucket.

I'll I'll I'll count it. Raise your right hand, I've

been at the computer for twenty four hours straight.

Please raise your right hand.

Do you swear the testimony you are about to give will be the truth? If so, say I do.

I do. You. 2545. Sorry.

That's okay. Ma'am, go ahead.

Yeah. Information I have is all new. Two primary issues that I hope I can get in. One, hopefully you received the article about the increase in cancer, childhood cancer in neighborhoods close to gas stations. This is a research project done by the University of Montreal and addresses distance up to two fifty meters, which is about I looked up it's eight twenty feet or 9.6 times the length of a football field.

So that gives you an idea. It's also 1.5 times as high as the Washington Monument. This is especially concerning because we have two large apartment complexes within that range, and there are a lot of children that live there. I mean, drive behind the buses and I see them get off the buses. There's a lot there's Section eight housing there, Minority children, low income don't have necessarily the resources to move if they have to.

The other major concern with this, and I'll give you just the highlights, is that because these people don't own their property, they were not notified of this hearing. And as far as I know, we did talk to a couple of residents and they said no, they did not receive any notice because your guidelines say homeowners. And I think that's a shame because of what we've discovered. The information I have, I'm just going give you the highlights, has been reflected on many journals and websites. The study was just issued results were just issued last month.

It's amazing how many journals are reflecting it. Basically, children who live near a gas station are more likely to develop leukemia or other childhood cancers. A new study says living within two fifty meters, a gas station raises childhood cancer risk and the risk increases the closer a child's home is to the pump. This was reported in the environmental pollution journal. The risk is higher, of course, for children 100 meters of a service station.

What could mitigate, and I don't know if she does this, is that if the pumps are equipped with gasoline vapor recovery systems. I understand not many do, but that can help. Homes in Montreal were not as impacted as other parts of Canada because they require this particular mechanism. As you probably know, gasoline contains benzene, a known carcinogen linked to leukemia. Researchers said that this is released into the environment during vehicle refueling and while gas is being put into underground tanks.

Overall, newborns living within two fifty meters of a filling station had a fourteen percent higher risk of any form of cancer, the results showed. Leukemia risk was twelve percent higher for those living between one hundred and two fifty meters, thirty five percent for those within 100 meters of a gas station. Risk was also elevated for acute lymphoblastic leukemia, an aggressive form of blood cancer, fifteen percent within 100 meters to two fifty, twenty percent higher for those within 100 meters. The risk was forty two percent for any cancer when they took out the Montreal homes because they did not have this particular vapor recovery system. The risk then went to forty percent forty two percent higher for any cancer within the two fifty meters, fifty five percent higher for leukemia when looking only at gas pumps that weren't required to have vapor recovery system.

Only the research said only about five to ten percent childhood cancers are attributed solely to genetics. So that means ninety to ninety five percent are due to environmental factors like the emissions from gas stations.

Mister chair, that's three minutes.

I have one if I can, I have one out

Ma'am, I'm gonna give you thirty more seconds? Alright. Just just so you're aware. Thank you. The article Also,

I have a letter from that was sent to the mayor and city council from the gentleman that owns s and g businesses. Let's see. His name is I have a couple of copies. Dana, here's one if you I didn't bring couples to everybody. Whereby he is recommending a moratorium on get new gas stations in the city of Toledo. Mister Riddy Riddy, he owns, I guess, about 80 gas stations. And he gives four reasons why, and I know you don't have time for me to read them, but

they're We of we will we will have a copy of the letter. Is there anything else you'd like to add?

I would talk to the chief of police about crime at the Toledo location, and he said that the concerns are with regard to drug activity, gangs hanging out there, and homeless. So and I have I put a I talked to briefly Savannah Township chief today. She said just let her give her some time, and she'll pull together some stats for the Savannah Township locations. When they're called, what are they called for, you know, this type of thing.

Thank you. Thank you very much.

You bet. Thank you for the time. I appreciate. We feel very strongly about this, as you can tell.

Okay. Sir, name and address, please.

Jeff Mason. 4802 Southbridge, Toledo, Ohio 43623.

Please raise your right hand.

Do you swear the testimony you are about to give will be the truth? If so, say I do.

I do.

Thank you.

I've testified twice before, and we've gone over basically all of the disagreements to I don't have anything personally against Sheetz, but I would like to bring up a few points that I've listed here. First of all, we have in Toledo area, S and G, which is locally owned, Circle K, In N Out, Speedway, BP. Wow is new in town, and now we have Sheets. Sheets wants to have, I believe, up to as many as eight or six. And in our location where they wanna build the Sheets, we have Nantucket, which is the major artery that runs off of Monroe Street.

There's no other street that runs into the, Westchester Woods, Redgate Estates area. Even the Taco Bell across the street is a neutral color. Everything in that shopping center is very unobtrusive. When we build sheets, we're going to have a LED sign on the corner of Nantucket and Monroe Street that operates constantly with the price of gasoline and the red. We've all seen those signs all over the place.

So it really affects the entrance to the neighborhood. Couple other things. We always wonder why are they building so many car washes and gas stations now before it was car washes the last couple years. I did a little research, and I found out the reason is there's a new IRS ruling called bonus depreciation, you might be familiar with. When a gas station convenience store or a car wash is built, they can depreciate all of the assets in the first year a 100%.

This is definitely a cash bonanza for the companies that are doing this. They're in effect, they're getting free construction in the first year. They can have a six digits of of cost vacated. So in effect, this is basically a cash grab by a lot of these companies building and putting in new equipment. So I think that we should take that into consideration as well. Thank you.

Thank you, sir. Name and address, please.

Amber Quarter. 4347 Old Lime Drive.

Can you please raise your right hand.

Do you swear the testimony you're about to give will be the truth? If so, say I do. Yes. Thank you.

Go ahead.

I am here opposing sheets due to the increased traffic based off the surveys or studies that have been done. We live very close to Nantucket where every day, every day, I see people blow the stop sign at Nantucket and Southbridge with small children who ride the bus as well as other neighborhood walking, dogs, kids, me and my family are very concerned about the increase of traffic down Nantucket. It is a very residential area. It already is a cut through with the bridge being out, Monroe Street in Sylvania. Whiteford Road has been backed up for already months, and Nantucket has been a cut through for years, but even more so now.

So with the bridge having no end date at this point, as well as a higher trafficked item or place at the end of Nantucket despite what traffic surveys have been done or not, me, my family, neighbors know it will increase traffic in a very residential area. Barriers, signs, people already don't look at or acknowledge the stop signs. So Sylvania Township Police sit at Southbridge in Nantucket weekly, almost daily, and we hear the sirens go off for everyone they're pulling over. So even with their presence, people are still blowing the stop sign daily.

Thank you.

Thank you.

Hello.

Hello, name and address please.

Cheryl Bath, 4408 Nantucket.

Please raise your right hand.

Do you swear the testimony you're about to give will be the truth? If so, say I do. I do. Thank you.

The one thing that I wanted to address, I've been here several times, is that I know in the voting, when we got our last vote, it wasn't done per the code of how you guys vote on things. My concern is that I can't remember or recall when you did vote to approve the gas station to have the gas station permit that that was voted on appropriately. So I would like to know if that was done appropriately or not. And if not, then I would like it to be relooked at before you approve this. The other one is to just go off what the last speaker talked about.

Nantucket was opened up in 'sixty seven because of the apartments and because there was nobody in the neighborhood. It was a developing community and I get that. And what happened is when they built the apartments, they wanted to have Cedar singles and Sylvania wouldn't allow it. So they went to Toledo and had it annexed to Toledo. It was originally Sylvania. And they opened up the Nantucket Drive because Nantucket is a drive. It's not supposed to be a thoroughfare. So Toledo did that. And we're in Sylvania. And that causes an obstacle because you care about Toledo, but we're asking you to look at us as Slovenia.

We homes that are over $300,000 We have a nice neighborhood. It was a well kept secret until decisions made in the outlining areas to increase traffic and when stuff like the construction goes on and stuff like that, people find Nantucket and then they use it. And it's gotten worse over the years. And we do not have sidewalks nor do we want sidewalks. I was at a trustee's meeting the other day.

They're supposed to be redoing our street next year and they were going to add more speed bumps. And I told them I think you need to ask the community because I don't want a speed bump on Nantucket. That's not what I want. But I think you really need to understand and I have no problem with sheets, but I have a problem is that when we talked about, when Laura talked about having so many gas stations, we have four gas stations. We also have a gas station that was on the corner of Whiteford And Monroe Street that didn't go.

And they folded and now it's a pizza shop, but they had to come in and take the gas tanks out. And my concern is is that you're putting gas tanks into where they're not right next to residential areas. I'm concerned about how the sewage will impact that, and I'm concerned about the gas leaking into our sewage area and how that will affect people. I really want our voice to be heard. Sheets can go someplace else, but they can't come down Nantucket. You guys are making our lives miserable based on the choices that you are making over the years. The other thing is that

the

kind of lost my train of thought. But I can end it there in the sense I've been here long enough. And then I need to know that we can trust because most of the time it's only four people here. We had a full house today and I know Mr. Bell had explained finally why he couldn't be here, which I get and understand. But the point of it is, how can we trust that you're gonna go over everything that was stated before you make a vote? That you're gonna really look at us as a neighborhood and think about us in the community? Thank you.

Thank you. I'll answer a couple of those questions right now. One, we have conducted more hearings on this case I than

don't remember what I wanted to say, if I could say it.

Go ahead and finish.

It was about the traffic. You said we had walked away thinking when you said you were gonna have a traffic study. When I read the report, the traffic study only did the corner. Now I have asked for Savannah Township. The police have agreed to put something out so we can look at the numbers of traffic that go down Nantucket and give you recent current numbers. And I'd like you to wait until we get that information. I just had my meeting, I think on Tuesday. So it'll be a minute. But they said they had no problem of getting those numbers to us. But I don't think you're understanding.

My understanding is, and the gentleman from Sheetz can say this, but my understanding is they're looking at 2,400 people coming through their store a day. And if that's accurate information, then we're looking at having probably 1,500, 1,600, 1,700 cars coming down our street. And I don't think that's appropriate for my neighborhood. It's a drive. Remember that it's a drive. It's not a boulevard. I

will admit, I agree that in a perfect world we would just would close off that street after the shopping center. That's that's well outside of our purview, but You got, yeah if you're gonna keep talking you gotta talk into the microphone.

I don't think it's unrealistic. I think it will be hard to do because of all the different entities that have to be evolved. But I think it's a shot to look at because you wanna preserve our community. It's a wonderful community. It's hidden. People don't know about it. It's also affecting the the Gardens Estates. They have more traffic as well. It affects the roads. They had to just fill 66 potholes on our street after I went to the trustees and told them about it. The wear and tear on the roads on the community is unacceptable. But maybe you need to come and sit for a day and look at our traffic because maybe you would understand that.

Thank you. Okay. So we've held, this is our third hearing on this case. We've taken a tremendous amount of testimony. We have probably two books worth of materials that we've considered. So when we vote, we're all voting fully knowledgeable of what we're what we're here to do and what we're attempting to decide today. This is not a project that is easy. This is a project that has people on both sides that feel very strongly it fits or it doesn't fit. Our job is to look at the specific use that is going to be put on this property on this corner. It affects Nantucket.

It affects Monroe Street, it affects adjoining streets. But we have a narrow set of parameters in which we have to make our decision. Okay? So the question about the prior vote. At the last time we heard this case, the vote was two to two with no no no decision for or against.

We sent it to council as a disapproval. That was my mistake. As chair, I should have recalled this hearing and so today we are we are back here holding the hearing that we would have held had it not went to council. So we will vote again at the end of the day today and whatever that vote is, we will just we will see where it goes next. But that is the only error was that we should have recalled it for further hearings instead of sending it forward.

Would that, do I need to go up?

You do.

Would that go for the permit being permitted? Don't you have to have a majority? And was that a majority?

It was not a majority.

No. I mean for the gas, the allowing for the gas station. You gave a permit for the gas.

We have not given any permits. No permits have been issued for a gas station.

On report it says it's approved.

The recommendation from our staff is to approve it. It is not nothing has been approved. That is why we're here today to vote on this case and decide. Okay. I will take whoever's next.

Sir, name and address, please.

George Salmon, 4442 West Alexis, Toledo, Ohio 43623.

Please raise your right hand.

Do you swear the testimony you're about to give will be the truth? If so, say I do.

I do.

Thank you.

I want to thank the commission members and thank you for your time today. My name is George Simon. I own the property at 5307 And 5305 Monroe Street along with my business partner, Andrew Goldbacher. Andrew was born and raised in Toledo, Ohio, Central Catholic Hall of Famer. I have lived in Toledo for over forty years, and we have raised our families in Toledo.

I've also lived back in the Nantucket area. We've been business owners since 1996. Until we were the first to have cell phone stores, on Monroe Street. And over the years, we purchased 5305 and 5307 Monroe Street at different times over the years and recently purchased 4700 Nantucket, which was formerly Eddie Lee's. We own three restaurants in the Toledo area, and we employ over 150 team members.

So since purchasing Coraline And Row Street in Nantucket, we're trying to decide what would be the best options for the space. We also were tenants in that shopping center. We looked at multiple opportunities and were approached by multiple land users. After meeting with Sheetz, we decided to enter into a land lease agreement with Sheetz as we thought this would be a great addition to the area. Sheetz is a family owned and national operator that does a tremendous job with running a nice restaurant, convenience store and gas station.

They keep all their properties at the highest level of cleanliness and maintenance. We understand there have been some concerns with this project, and we feel that Sheets has graciously addressed these concerns and accommodated these issues. In regard to the billboard, which has been brought up multiple times, the site plan was updated for the removal of the billboard. Also, the issues with traffic on Nantucket has been addressed with respect to Nantucket. I attended previous Planning Commission meetings, and it was also brought up as to the existing tenants at that location.

All the tenants were given free rent for almost a year, and we relocated at our expense. And then I would also like to respond to the editorial that was put on record recommending a moratorium. I feel it's important for the record that I was on a phone call with a gentleman, and he was asked why he was on your side of the sheets deal, he responded, quote, Reedy doesn't want it. Contrary to beliefs, in a free marketplace, if a project complies with the municipal code, that should stand on its own. If a business brings forth a plan that meets the code requirements, they should be allowed to do business clean, safe, well maintained.

By locking up business, protect other businesses is a decisive disservice to our community and frankly un American. It's like saying we allow Dairy Queen in our market because McDonald's would would be hurt by that. So in closing, we would just like to thank the Planning Commission staff for all their hard work on this project and for their recommendation for approval. We'd also like to thank the Planning Commission for your volunteer hours in community service. Based on additional work that's been done, the project revisions and commitment, as a local property owner, we respectfully request your approval.

Thank you. Thank you, sir. Thank you. Is there anybody else who hasn't spoken yet that would like to give testimony? I'm not gonna bring anyone up for additional time. We we've because because this is the third hearing we've had on this case. We we understand the issues, ma'am.

We're not treating people equal. He had more than three minutes.

Ma'am, I'm gonna give you one minute.

I'm gonna be ejected.

I'm gonna give you one minute.

So I'll give you

a minute for you. Say what you'd like to say.

Well I think the point is the traffic, know, the the the divided or whatever exactly because it's gonna put put in Nantucket sounds great. But see the people come then down Sylvania and that's gonna be increased. And the people come down from Sylvania down Nantucket to get to Sheetz, people that, you know, if Sheetz is so wonderful. You said that there you've had testimony from both sides, but really it's a the owner is supportive of it. The your representative.

People down next door where we have a lot of postings, I I get notice about this hearing so people know when to come. Honestly, the most of the people that are for Sheetz, they want the hamburgers, they want a good salad, they want cheaper gas, which I don't belittle them. It's just that our our needs or our requests are different. We want we want peace. We want a quality of life.

And now with this article on cancer and children, we want to speak for the children that live in those apartments are not whose parents are not aware of this recent research. And so I don't really see a whole bunch of people lining up for sheets other than sheets people and George Simon and miss Cottrell and the people who want want hamburgers.

Thank you very much.

You bet.

Okay.

My name is Ann Cruz. I live at 4420 Nantucket Drive, Toledo.

Please raise your right hand.

Do you swear the testimony you're about to give today will be the truth?

Yes. If

so, say I do.

I do. Thanks. So what I want to say is I have a child who has Williams syndrome. He has a disability. And he probably will never drive a car. So how he gets around the neighborhood is he can't ride a two wheel bike, but he can ride a three wheel bike. And he has impulse condition or control. He has impulse control issues. And he is obsessed with ice cream trucks. And when he hears an ice cream truck, it doesn't matter what my husband and I do, he is running out the door on his bike and chasing and looking for that ice cream truck.

With the increased traffic, which we've already gotten from the bridge being out in Sylvania, And then with sheets coming in, it's gonna increase it more. I am extremely afraid for my son, who doesn't look for cars, he just bolts out of the driveway and takes off and he looks for an ice cream truck. I am begging you please to consider that. If Sheets goes in, and I know this has no impact on any of you, but it does on my family, we are gonna have to put our house up for sale and move because I can't risk. If you knew him or if you ran across somebody who knew him, they would tell you he is such a joy to be around.

He brings such happiness to people. And if he was to get hit by a car because of the traffic that has increased on that road, I wouldn't be able to forgive myself by staying there. Thank you.

Thank you ma'am. I'm gonna allow one more. This is the last one.

Okay, thank you for your time.

Name and address please.

Henry Geaha, I'm an attorney at Marshall Melhorn. Address, 4 Seagate, 8th Floor, Toledo, Ohio 43604.

Mister Geeha, you are a member of the bar. You do not need to be sworn in.

Okay. Thank you. First of all, thanks for allowing me to be the last speaker here, and thanks again to everybody for your time and community service. I know you don't take these decisions lightly. And I represent the landlord.

I do not represent the applicant, but I just wanted to underscore, you know, some of the improvements to the site plan that have been made, you know, since the last time it was presented to you, primarily the removal of the billboard, which eliminates kind of a big issue. I know the Nantucket situation is never going to be perfect unless they, you know, close off the street. However, you know, the no left hand turn, I think, is a big deal. They didn't have to do that, but they made that improvement, and that's also going to help, I assume, with the folks like me who can't even get to my mailbox without a GPS. Because when you put your address into a GPS, you're you're probably going to go down Monroe Street, you're not going go down Nantucket.

I think that's a big win. Sheets, they do a lot of things. They serve salads, they serve gasoline, they serve nachos, but they don't serve alcohol on premises, I believe. So you're not going to have folks who consume and then drive down the neighborhood, which restaurants, bars, that's an improvement, I think, huge to the neighborhood's concerns. I know that would be for me.

I know historically there were some things brought up with, I think, Nantucket Medical and a restriction. That's not an issue with the site plan as it's proposed because you guys can see that bottom right hand corner, that's a huge green space. So that's massive, not massive like Central Park, but it's very big. Right now, that's just a parking lot. So a good buffer for the neighborhood.

The 20 fourseven, the Sheets folks have talked about this isn't their first operation. They've done this in a lot of similar areas. Also speaking to the neighborhood or the community is they have security, they have cameras, they have people there, people are trained, and it's good to have a neighbor that stays up all night and can be in communication with the law enforcement, police, etcetera. I think that's all I have. I think the last thing, I was just going to ask if there's been any, and you may get to it later, but any letters written in favor from the neighborhood or anything else that's been received that is for the hamburgers and milkshakes?

We're going to cover that once we close audience testimony.

Okay, that's all I have.

Thank you very much.

Thank you.

Okay, so at this time we're going to close testimony. I am going to give the applicant a few moments here to answer a few more questions. But first I'm going to do what we just suggested Dana. I know we have volumes on this case, but why don't you cover what we've received since the last set of hearings?

Sure. So since the last hearing I have received two additional phone calls and also several emails, including articles that were sent to you ahead of time. I believe it was three articles in opposition to the case and then also received four letters of support from surrounding property owners and those are also in your packets.

Thank you. Okay. So I have a couple of follow-up questions. I think that there are two major changes with what exists currently versus what will be there when Sheets, if Sheets operates at this location. Probably the largest change is that the current the current buildings do not have egress on the Nantucket. The the current shopping center has two curb cuts, maybe three out onto Monroe Street only. There's no direct access.

That's not correct.

The old steak house does, but the majority of the current development does not have access out onto Nantucket, I believe.

Be clear

Hold on, hold on. From driving by the site, that's what it appears to me. And so what I'm asking is, you know, we have to look at whether this development under a special use permit is consistent with the surrounding community. Okay? So that is one change. The second change is none of those shops currently operate twenty four hours. Your request for twenty four hours would also be a new change to what exists currently. So my first question is, have there has there been any thought about just eliminating the access on Nantucket and having and maintaining the existing curb cuts on Monroe Street?

So there is currently access on to Nantucket. So the plaza is broken up a little bit. I will give you that you would probably have to drive around the plaza, but there is means to do so. There's cross access all through that property. Our contribution to the Nantucket Drive would be to restrict the left hand turnout, which is what we propose to do. Eliminating fully is not something that we're willing to consider at this time. But we are very confident that given the no left outs, that essentially solves any issue with people going south into the neighborhoods. I hope that answers your question.

It does. It does. Second question relates to the twenty four hour use. You you said you did a a survey of other businesses in the area that are open twenty four hours. What's the nearest business to this site that is open twenty four hours currently?

It's the Shell. It's at the it's. Yes. It's it's West. Don't know. Maybe a half mile.

I know where that is.

And it's a 165 feet to the closest residence. It operates twenty four seven. And like I said, 165 feet versus the six thirty that six thirty, 675, something like that. 675 that we're proposing.

So obviously there was a period of time within the city where the special use permit did not carry the restriction. Where shops that opened at some point historically were able to open twenty four hours. And so in deciding whether to waive a Toledo municipal code requirement, and it's not something we just came up with. The the city council passed that code at some point historically and decided that for policy purposes they wanted these gas stations, new gas stations to only function from 05:30 to one in the morning. Okay. That's a policy that I didn't create.

I

understand. But I'm tasked with deciding whether I would recommend a waiver on that. And so speak to me about since there's nothing currently in that shopping center, the one that Sheetz would replace or the larger shopping center to the west, there's nothing that operates twenty four hours. I mean, what kind of steps are you taking to mitigate any potential harm to the neighborhood from potential twenty four hour use?

Sure, it's a great question. Before I answer, do have a couple points that might color my response a little bit. And additionally, to your argument, sir, this body has given sheets twenty four hour waivers in the past for locations considerably closer to residential than this one. And we thank you for that. To answer your question, how we mitigate twenty four hour effects.

So I mean the biggest one here obviously is preventing people from going south in the neighborhood after they leave our site. And I talked earlier about designing our sites thoughtfully so the building is in between us, the main part of our business and residents, acts as a big old barrier. We also control noise. We have top notch security. We work with local law enforcement. We have tasteful lighting. So it's not too bright, but it's light enough so that way you're not having nefarious activity on-site because we wouldn't want that. That's bad for our business also. Yeah. Does that answer your question?

Thank you. Yes, it does. Those are my final questions. Commissioners, any additional questions for the applicant? Okay. Alright. At this time then, I'm gonna open the floor up to a motion. The case is is set for either approval or disapproval. This is SUP 25 dash zero zero three six. I will accept a motion at this time.

What's that?

So we would do the waiver second.

Oh, I'm sorry. Mister Whittington, you're correct. Okay. We have to we have to vote on that waiver request first.

I was going to ask if we had voted on it last time or not.

We we did vote on it. It failed two to two to modify. But I'm not opposed, if someone wants to make a motion to readdress that issue, I'm not opposed to it today. So we'll do that first. If anyone would like to make a motion with respect to condition number 30, the hours of operation requirement, This is the opportunity.

To bring it back into play again or whatever or just to readdress it, I'll make the motion for approval for the twenty four hour waiver.

So you the the motion will will describe it as you would you would delete condition 30 and allow twenty four hour Yes. Operations? Yes. Is there a second to Mr. Grossweiler's motion?

No, there's no second.

Okay. We have a first and a second to approve the deletion of condition 30 to allow twenty four hour operation. We will do a roll call vote again, miss Cottrell. Would you call the roll?

Sure. Mamani? No. Whittington? Yes. Rickoff? No. Groschweiler?

Yes. So the condition will remain in the application as proposed. And at this time, I'll accept a motion on the case in whole.

I'll make a motion for approval.

Is there a second to mister Grossweil's motion?

Second.

We have

a first and a second to approve the application. We are gonna do a roll call vote once again. Miss Cottrell, if you can call the roll.

Mamani? No. Whittington? Yes. Rakoff? No. Grossweiler? Yes. Mr. Chair, you have a two two vote.

Okay. So this is where we were before. The commission has two options. We may recall for further hearings or we may make a vote to send this to counsel without recommendation. It requires a majority vote of this committee to send it to counsel without recommendation. So as we've heard as we've had three hearings on this, I as chair will make a motion to send this to counsel without recommendation. And if there's a second to my motion, please go ahead.

I'll take a second.

We have a first and a second to send this to council without recommendation. The application will remain as is printed. It'll go to council without a recommendation for approval or a recommendation for disapproval. That is pursuant to the Toledo Municipal Code that allows us to take that action as as determined by the legal department prior to today's hearing. So we have a motion to send this to counsel without recommendation. Miss Cottrell, we will do a roll call vote again.

You

Yes. Can call the

Whittington?

Yes. Would be to send it to counsel without recommendation.

Yes.

Rakehoff?

Yes. Grossweiler? Yes. Okay. So that'll go to counsel on June 17. It'll be a neutral recommendation. The application will go forward as as is presented here. Council has the ability to further modify the application or to not modify the application. Council will take testimony. So anyone who wishes to speak on this case further will have the opportunity to speak in front of city council. And that is it for this case today. Good luck to you all.

Thank you everyone.

Miss Cottrell, do we have

any further business? We don't other than just to bring up that this is miss Rising's last hearing and day with the planning commission. So we wish her the best of luck.

Miss Rising, thank you for your service. We appreciate you and wish you well in the future.

Thank you.

We are adjourned.