Toledo City Plan Commission - Regular Meeting

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

Rachel Momine? Here. Emery Whittington? Here. Brandon Rakoff?

Here.

Chris Ball? Here. Eric Grossweiler? Here. Mr. Chair, you have a quorum. Notice that this meeting was posted in the office of the Toledo-Lucas County Planning Commission's clerk of counsel's office in the lobby of one government center. Copy that notice is available for inspection in our files if anyone would care to do so.

Thank you. We have a procedure here at the Plan Commission that if you plan on speaking today on any case, we must swear you in. You must also sign in to the sign-in sheet on the lectern. Our procedure will work like this. We'll call each case in order, in the order it's in our agenda. If you're the applicant for that case, we would ask that you please step up to the lectern at that time. We will get your name and address, we will swear you in, and then you will have about five minutes to present your request. uh anyone in the audience who wishes to speak on an application will have an opportunity of not more than three minutes to do so and then after we've heard any audience testimony the applicant will have some time for closing remarks ms cutrell do we have any minutes to approve yes we have the minutes from june 11 2026. i'll accept a motion on those minutes motion to accept all seconds We have a first and a second to approve the June 11th, 2026 minutes. All those in favor say aye. Aye. Any opposed? That carries unanimously. Those minutes are adopted. Do we have a director's report? We do not. I believe we have a final plat, correct?

We have one final plat, S260007. It's final plat of Ugmani Villas at 1800 Krieger Drive. All final clearances have not been received. Staff recommends disapproval of no prejudice.

I'll accept a motion on the final plan.

Ball will make a motion for disapproval with no prejudice.

Mamani will second. We have a first and a second for staff's recommendation of disapproval with no prejudice. All those in favor say aye. Aye. Any opposed? That also carries unanimously. Are there any requests for advancement, postponement, or deferral? There are not.

At this time, Ms. Cottrell, can you please read case number one into the record? Item number one is case SUP 260017, specialty permit for a new community center at 355 Dearborn Avenue. Staff recommends approval for the following three reasons. The proposed use is consistent with the stated purpose of the zoning code. The proposed use complies with all applicable provisions of the zoning code. The proposed use is compatible to adjacent uses in terms of scale, site design, and operating characteristics. Staff further recommends approval subject to 39 conditions, which will be reflected in the minutes and not read into the record unless there's a request that I do so. And there's a revised site plan in your folders. The applicant has addressed most of, I think, all of the conditions of approval, so that will be reflected on that plan.

Thank you, Ms. Cottrell.

Mr. Chair, I'll have to recuse myself.

Ms. Mamouni will be recusing herself from this case. Gentlemen, once you've signed in, just let me know when you're ready. All right, first thing, I'll take, whoever's going to speak, let me hear your name and address, and then we'll swear you in.

Rodney Schuster at 1 Seagate, Toledo, Ohio, 43604.

Gentlemen, do you plan to speak? Yes. Go ahead and give me your name and address right now. Sure.

Justin Fogle, 1 Seagate, Toledo, Ohio, Park Level 118. Thank you.

Dean Frederick, Frederick & Associates, 4645 North Summit Street, Toledo.

Thank you. Will you please all raise your right hand? Gentlemen, do you swear to tell the truth, the whole truth, and nothing but the truth? If so, say I do. I do. Thank you. Whoever would like to begin can proceed.

Good afternoon. I'm Rodney Schuster. I'm the executive director on behalf of Helping Hands. Helping Hands has served the community, especially East Toledo, for over 40 years by providing food, clothing, hygiene items, case management, and support for the people who come to us. We serve anyone in need, anyone who needs help. Our doors are open to them. Our current facility no longer is able to function safely or effectively. And this project will give us an opportunity to relocate less than a mile away from our current facility to better serve the people who come to us, our volunteers, and our staff by continuing to serve the greater East Toledo community for people who are in need of help.

Thank you.

Good afternoon. Justin Fogle, project architect with The Collaborative. Our responsibility as the design team was to create a building that not only met Helping Hand's needs but also respected the surrounding neighborhood. Every major design decision from the placement of the building on the site, parking location, landscaping, pedestrian connections, and character was made with the goal of creating a facility that comfortably sits within the context of the neighboring residence area. AND PRESERVES KIND OF FUTURE OPPORTUNITIES FOR FUTURE PARK CONNECTIONS. WE HAD A NEIGHBORHOOD MEETING ON TUESDAY, JUNE 16TH AND HEARD comments from neighbors and also incorporated some of those comments. Councilwoman Gaddis requested an accessible route as part of that review, which has been incorporated into the project. additionally since reviewing the staff comments we've worked very closely with the planning and engineering and transportation departments to address and review the comments and the plans have been revised accordingly including accommodating a requested future right-of-way along Dearborn to support the city's long-term bicycle connection plan We appreciate the collaboration that the city's provided throughout the process and staff's recommendation for approval of the project. Thank you. Thank you.

Dean Frederick, Frederick & Associates were the civil engineer surveyor on the project. Appreciate the staff's effort in considering this as well as the board, this project. We've been working with the staff, as Justin indicated, to revise the site plan as you see today for addressing the majority of the comments that were included in the staff report. If you have any questions, I'd be more than happy to address them.

Thank you. Thank you. I just have a couple questions regarding this case. The staff has recommended approval subject to 39 conditions. Are you in approval of those 39 conditions? We are. Thank you. And there is one waiver request in the file, correct, Ms. Cottrell? I believe they're seeking a waiver to allow parking in the front yard setback in a residential district. So we will need to vote on that separately to approve that. Correct, yes. Okay. And my last question is, you spoke about the neighborhood meeting. Whenever a neighborhood meeting is conducted, we like to just get some feedback or hear how the meeting went. Do you mind talking about that for a few moments?

gladly uh we think overall it went uh pretty well uh we know there was a resident who had concerns about her property values with uh helping hands in a new facility being in there and so we listened to her and tried to take that into account she shared that she loves seeing deer you know in the site and we would do everything from a landscaping perspective to make sure that that continues. We would only use about half of the site, so the northern part would be open, and we've had some initial discussions with Metro Parks, as they have an interest as well with their long-term plan, but back to your question about the neighborhood meeting, overall it was very positive. Council Member Gaddis was there, and we felt, you know, we listened to all the questions that were raised, one person you know apologized for having concerns and we said there are no apologies necessary we're here to have this meeting to hear these and so we can best be part of the neighborhood best be part of the community and be a collaborative partner thank you very much at this time I will ask my fellow commissioners are there any questions for the applicant

Hearing none, I'm next going to open it up to the audience. Is there anyone in the audience who would like to speak in favor of or oppose to this application?

Alex, is this your case?

Did we receive any calls, emails, or other correspondence in advance of today's hearing regarding this case?

We received one phone call. She was against the project. She was worried about loitering near the site.

Thank you. Okay. Commissioners, any final questions for the applicant? Hearing none, gentlemen, is there anything else you'd like to add?

Yes, we did want to request a waiver for the irrigation requirement at this time. That was one of the conditions on the letter. We would propose landscaping plantings would be native plantings, drought tolerant, and also recommend using bags, watering bags, kind of around trees and that for the first growing season.

Okay, just give me a moment. I'm trying to identify which condition, which number condition that was.

Could I respond to that? Yes, Alex, go ahead. So the irrigation requirements has changed a little bit. you can meet the current code without a waiver as long as you have a landscape architect sign off that you're using native plantings.

Okay, if we provide that letter.

That would meet the code without the waiver.

Okay, we'll proceed with that.

What we always tell people is, you know, It's your obligation to keep the landscaping alive, so if irrigation isn't part of your plan, and it may eventually cost more to replace the plants if it's not working, but assuming you use native plantings, it should be all right. We do have a waiver to address on the front setback allowing parking in the front setback in a residential district The staffs recommended approval because this use is institutional rather than residential I'll accept the motion at this time on the waiver request Second We have a first and a second to approve the waiver of section 1107.1202A1. All those in favor say aye. Aye. Any opposed? Okay. That waiver will be recommended to council along with this. Actually, this application will stay with us. This does not go to council. So that recommendation is approved. And at this time, I will accept a motion on the case as a whole, SUP 26-0017. I'm sorry, Mr.

Chair. Excuse me. This will go to zoning and planning on 8-19-26. It does go to zoning and planning? Yes. Okay.

I'll accept a motion at this time on the case. We'll make a motion for approval.

I'm waiting to know 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 as Ms. Cottrell just said, this will go to planning and zoning. On what date, Ms. Cottrell?

August 19th, 4 o'clock here in these chambers.

Good luck to you, and you'll be back here on August 19th. Thank you. Thank you.

Okay, let's read case number two into the record. Item number two is case SUP 250037, special use permit for a gas station at 2485 North Detroit Avenue. Staff recommends approval for the following two reasons. The proposed use is consistent with the stated purpose of the zoning code, and the proposed use complies with all applicable provisions of the zoning code. Staff further recommends approval subject to 38 conditions, which will be reflected in the minutes and not read into the record unless there is a request that I do so. There's advice staff court and folders revisions include the addition of a condition of approval from environmental services on page 2-9. Thank you.

Sir, name and address, please. Good afternoon. uh... marco owner of i b b proceed we please raise your right hand but i need your address as well sorry your address uh... two four eight five north detroit avenue thank you please raise your right hand he's going to tell the truth the whole truth and nothing but the truth if so say i do sir tell us about your project Well, I've owned the property over at 2485 for a decade now. I'm in the process of building it as a convenience store slash gas station. So I've been in the process of working with a few people. the financial support from us or i'm sorry rka to build the site we're in the process of you know working together with traffic and we've came into agreement on how the setup would be so right now we're just hoping for council to approve and allow us to build a site

Thank you. And specifically you're asking for a special use permit to operate a gas station at this location, correct?

Correct. Gas station and convenience store. Correct, yes.

This is an older site. There's been a gas station on this site for decades, correct? It's defunct, but there originally was a gas station on this site for quite a while, correct?

Well, the site is still registered as a gas station. It still has the tanks underground, so there won't be any new tanks or anything put underground. It's an existing station that I'm just trying to bring back up.

Understood. And in the revised staff report, there was a new condition. There are existing violations regarding those underground storage tanks. If this is approved, you're going to address those, correct?

yes for sure i've already addressed some of them with the underground storage and we reached an agreement i've paid and cleared some most of them i'm not aware of the violation over there i since i've just taken care of it about a week i think a week a week and a half ago okay

There are 38 conditions of approval attached to this application. Have you had a chance to review those? I did. And do you have any concerns with those conditions?

No, sir.

Okay.

Thank you.

At this time, I will ask commissioners any additional questions for the applicant?

Mr. Chair, I have a question. Mr. Ball, go ahead. How many pumps will the gas station feature when it's completed?

Three pumps.

Three pumps. All right. Thank you. No problem.

Any additional questions for the applicant? Sir, I do have one more. It states in the report that there was a neighborhood meeting held on this project? Yes.

There was a neighborhood meeting held on this project?

Yes, there was.

Can you tell us about that meeting briefly?

Well, we held a neighborhood meeting to address any concerns. Nobody had any concerns. We were there for two hours. We're prepared to answer anything, any questions, any advice, or just anything on the property. Nobody showed up as far as to address any concerns. Nobody had any concerns on the site. Thank you.

At this time, commissioners, if there's no further questions, I'm going to open this up to the audience. Is there anyone in the audience who would like to speak in favor of or oppose to this application? I see one individual has stood up, maybe two. Please come up to the lectern. If you have not yet signed in, please sign in. We'll get your name and address and then swear you in.

Gregory Kane, 411 Boston Place, Toledo. Please raise your right hand.

Do you swear to tell the truth, the whole truth, and nothing but the truth? If so, say I do.

I do.

Thank you.

Sir, please go ahead. I'm here as a representative of Women of the Old West End and the Old West End Association. And when the gentleman was asked his address, he gave the address of the gas station, not Detroit, Michigan. If this is approved, there's going to be four gas stations within less than a mile. That is not in our plan for the revitalization of Detroit Avenue. Secondly, we note that there was a neighborhood meeting held at Kent Library. Both neighborhood organizations, which are very well known, were not notified. adjacent property owners might have been notified but there's a whole lot of vacant land around up and down detroit avenue as you know the other thing that we have a problem with is that i don't know how long this gentleman has owned this property but it has not been maintained period even if it's a vacant piece of property has not been maintained It has been had to be maintained by a gentleman who freely and willingly does services throughout the city maintaining the property. And bottom line is the Old West End Association and women of the Old West End are against this gas station continuing to be a gas station. Any questions?

I don't have any questions, commissioners. Thank you, sir. You're welcome.

I have not yet signed in, should I do that first?

Please go ahead and do so. Name and address, please.

Laurie Hammond, 921 Nusselwood Avenue.

Please raise your right hand. Do you swear to tell the truth, the whole truth, and nothing but the truth? If so, say I do.

I do.

Thank you. Please go ahead.

Yes, I am the president of the Old West End Association and along with several other organizations that will be speaking after me, we are in opposition of this site being revised as a gas station. As my neighbor has stated, there are three other operating gas stations within a one mile distance and we are already experiencing Some unwanted loitering, some unwanted business transactions on the illegal ends of it. There is a convenience store directly across the street that also houses a lot of unwanted loitering in the parking lot. There are some cases where there has been violence. There's a gas station just at the next corner of Detroit and Central Avenue that has experienced several incidents of shooting, one that resulted in a murder. And having a gas station that will have the size of the site, three pumps, that's just going to be an invitation for another illegal work site. We don't need it. We don't need, we're trying to revitalize Detroit Avenue. It is a beautiful strip. It's a corridor that has so much potential. And I think that it needs to house something that is going to benefit the neighborhood. We have convenience stores with unhealthy foods in it, with soda pops and juices and candy. I know that there is a remediation issue if we decided to turn it into a food type of environment, but there has to be other opportunities, and I would implore for the owner from hamtramck michigan to talk to the residents that are beyond the two blocks that he is already invited once again as greg said they were all renters or vacant properties so i that's why he didn't have any attendees for two hours that is all thank you thank you any questions for me thank you i too need to sign in

My name is Joyce Singer. I live at 662 Collins Street in the Old West End community. I'm also the founder and chair of the Glenwood Park Neighborhood Coalition, and I stand in support with the women of Old West End and the Old West End Association, as well as Crushing Utopia.

If you could please raise your right hand. Oh, I'm sorry. Go ahead. No problem. You swear to tell the truth, the whole truth, and nothing but the truth. If so, say I do. I do. Thank you. Ma'am, go ahead and continue.

I am also in opposition. I wanted to share my comments in opposition of having this gas station at the corner of Detroit and Delaware. Again, I concur. No, no, no, no. Enough is enough is enough is enough in our neighborhood. Within a two-mile radius, there's probably about six convenience stores and gas stations. And with this particular location, within a half-mile radius going north and south, there's a gas station convenience store, two more convenience stores. We do not need... another gas station convenience store at this location in our community at all. These owners come in from Michigan particularly and they open up these gas stations and these convenience stores predominantly in the black community and service the black community, the underserved. It's another platform to breed negative activity and they all serve alcohol they all serve cigarettes they all they do not keep up with the properties as they should and they do not contribute back to our community in a positive way enough is enough is enough and we stand in opposition and we of this gas station being reopened at the corner of detroit and delaware enough is enough is enough no no no thank you

Good afternoon. I'm going to sign in. My name is Lynn Sheehan. My address is 617 Tennyson Place in the Old West End.

Please raise your right hand. Do you swear to tell the truth, the whole truth, and nothing but the truth? If so, say I do. I do. Thank you. Go ahead.

I'm coming before you with numerous of other, my neighbors, I'm a resident and engaged neighbor in the Old West End area and participate in many of our local group and neighboring associations. I'm here on my own behalf today. I believe this is a very incompatible use for this property and does not support the goals that we worked hard on and articulated in our Old West End Strategic Plan, which we put forward in 2025, modeling it and flowing from the 2024 Forward Toledo Comprehensive Plan that the city put together. Several of my neighbors already made points that I listed in a letter that I submitted to this body. I'm curious, I didn't hear a question of was there feedback, were there letters or phone calls received on this particular application? So I'm curious about the answer to that. I also want to note that in the analysis that is provided for our use here that the, This is a neighborhood mixed use zoning designation, and the assessment was that it's incompatible with that NM use, which I suppose that's why we're here for a special use request, since the goal of that neighborhood mixed use is promoting pedestrian-oriented commercial and mixed use areas. Speaking for myself, I think that is what is going to serve the growth and development and reinvestment of this commercial area on the border of our neighborhoods. But then I read also that it says that auto-oriented uses such as the proposed gas station is not incompatible due to the site's existing history as a gas station and that the reuse of this site would be consistent with the building preservation and business creation goals. I don't wish to be redundant, but it's certainly been noted the proliferation of gas station convenience stores that are within walking distance, including the ARCO station at the 75 off ramp that's three-tenths of a mile away. Meanwhile, The history cited in this report says the station was opened in 64 and then a request to reopen it was already on the books in 75. So I'm not seeing that there's some 40-year legacy of a functioning gas station in this area. If there had been, I doubt that there would have been the other stations opened in such close proximity. um i have a very big concern which i cited in the letter that i submitted to the board about traffic impact this is a a solidly populated residential neighborhood with a lot of foot traffic there is a elementary school that is half a mile away where there's consistent foot traffic in the area The Detroit-Delaware intersection is a primary access point for multiple neighborhoods, even then going on down into the Adams Street corridor. So I think it's an absolutely incorrect use of the site, and I would vote recommend and urge you to vote no. And thank you very much for your time. Thank you very much.

So, sir, I'll give you a chance to speak in a second. Lisa, do you want to address the notice issue really quick?

We did provide the name list. It went a few blocks in each direction. It did not take the neighborhood groups. I think we had made the decision that we thought the neighborhood groups were a little farther away. We realize now we maybe should have included that in that list. in the nameless but that you know the sign the signs we post the signs for this reason when we're not sure where to stop the notice we have the sign there to catch anyone who might be interested but um i did have this conversation with the oldest on um about notifying within their perimeter um even if it goes a few blocks beyond from this point forward so thank you mr ball do you have any you have a question

do well it's uh yes it is a question so i probably live closer to this site than anyone that's gotten up here to speak i do not have a personally i do not have a problem with you opening a gas station but i would request that before you move forward you hold a neighborhood meeting that includes invitations to women of the old west end and the old west end association okay no problem

Okay, I'm going to take that in just a second, but I do want to ask while we're here if any of the other commissioners have any additional questions for the applicant before we talk about another neighborhood meeting. Hearing none, so what we normally do in this circumstance, we understand that you did have a neighborhood meeting. We appreciate that. Mr. Ball is asking if you would have a second one that would allow some additional people to attend and ask questions. You're willing to do that, correct?

Yeah, no problem.

Okay. To do that, we would have to defer this case 30 days to our next agenda. Do you think 30 days is enough time to hold that next neighborhood meeting?

I think with the plant division, anything is possible. I mean, we can, I think it's more than enough time. Okay.

You may ask for more time if you'd like to, but... No, I'd rather have as soon as possible. Yes, okay. And Alex, will you work with him on an expanded notice list? absolutely and those here in attendance that would like to participate in that meeting mr. Schultz can respond to your emails phone calls questions if you have questions about where and when that meeting will be held so there's no reason why this shouldn't be possible to hold this meeting in the next 30 days At this time, sir, are you willing to defer this case to the August agenda and hold that meeting? Sure. Okay. At this time, I will accept a motion to accept the deferral to the August agenda. Mr. Ball, would you like to make that motion? I would like to make a motion for deferral. Is there a second? have a first and a second to defer the application to the august agenda to facilitate a second neighborhood meeting all those in favor say aye aye any opposed that carries unanimously sir you'll be back here on our next agenda uh please work with mr schultz to accommodate that additional meeting thank you i do appreciate it council thank you very much okay Ms. Cottrell, let's read the third case into the record, please.

Item number three is case SUP 260012, special use permit for use, auto sales at 5057 Lewis Avenue. Staff recommends approval for the following reason. The proposed use meets the stated purpose of the zoning code. Staff further recommends approval subject to 42 conditions which would be reflected in the minutes and not read into the record unless there is a request that I do so.

Thank you, Ms. Cottrell. Please sign in, and once everyone's signed in, we'll go ahead and get your names and addresses.

tim o'brien benchmark engineering three one six one north republic boulevard thank you sir what's your address sir uh for the project give me the property address 57 louis avenue thank you gentlemen uh do you swear to tell the truth the whole truth and nothing but the truth if so say i do thank you

Sir, you were here before briefly. Welcome back today. Thank you, sir. Please take a few minutes and tell us about your project and your request.

Okay, my project is, it's a, it was a flea market before and I seen the opportunity, like I said before, it's a beautiful, they just remade the street and I wanted to turn this looking this building looking like to a nice professional dealership in the area to serve Toledo, Ohio. And all your regulations, everything you want to make it look beautiful, that site for the neighborhood and for the street and yeah.

Thank you, sir.

You're very welcome.

Sir, the plan commission, the staff of the plan commission has recommended approval of your application subject to 42 conditions. Correct. Have you had a chance to review those conditions?

Yes, I did.

And are you in agreement with those conditions?

I am agree with you guys all the way, yes.

okay thank you and there are a few items that are designated in our staff report that still require a revised site plan and you understand you'll have to submit a revised site plan to to correct those items we've just updated the site plan so we'll have a new one sent to you probably within uh by tomorrow or monday thank you very much um i don't have any additional questions at this time for the applicant members of the commission any questions for the applicant

Mr. Chair, not a question for the applicant, but just a question in general about spacing between residential and car repair. I know we note auto sales, but I'm just wondering, a lot of the neighborhood concerns listed were about the noise and all the things associated with car repair. Is there some sort of spacing requirement for that that I'm not remembering?

We don't have a spacing requirement. There is the spacing requirement for the auto dealership or the used car dealership and they are meeting those requirements with the exception in our staff report, we did note that the six spaces along the north property line would have to be not used for display area.

And you understand that? I fully understand that.

And there's only a small section of the building for actually car repair. He's actually doing something unique in the used car market where we do have an indoor showroom where you do not find that very much around here for used car markets. So there will be outdoor inventory as well as indoor inventory. only the very back portion of the building will have car repair and we've extended the 15-foot landscape buffer all the way through that portion of the building as requested by the staff 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? If so, please go ahead and step up to the lectern. We'll ask you to sign in, and then we'll take your name and address. Okay. Feel free to give us your name and address.

My name is Jessica Nova, and you want my personal address or for the business of which I'm representing?

Whichever you'd like to give us.

5004 Lewis Avenue, Toledo, Ohio, 43612.

And do you swear to tell the truth, the whole truth, and nothing but the truth? If so, say I do. I do. Thank you. Ma'am, go ahead.

Good afternoon. I am here to express my opposition to the proposed special use permit for the planned location in our community. I'm going to preface this by letting you know that I am a finance manager at an existing dealership that has been there since 2012 within less than a half mile radius of the new proposed plan. My biggest concern first is the increased traffic that the business would generate in an area that is already heavily congested. The corner of Lasky and Lewis sees just amazing, unbelievable amounts of accidents. Each year we have the police constantly in our office already for pulling reports for that and increasing having another large business in the area without having changes to the infrastructure of the streets and the traffic lights, I think would be kind of negligent on the city because it's already such a bad area for that. So the surrounding roads regularly experience high traffic volumes. Adding another dealership would increase customer traffic, vehicle deliveries, test drives, as well as employees the additional congestion could negatively impact public safety create delays for residents local businesses and a play and place an additional strain on many of the nearby intersections secondly the proposed dealership is significantly closer to the residential properties than many of the existing commercial properties in the area dealerships when i speak from experience require extensive exterior lighting to display inventory and maintain security after dark This increased lighting could probably create unnecessary light pollution affecting the nearby homeowners, reducing nighttime privacy, their sleep patterns, and changing the character of the neighborhood overall. Additionally, there is no demonstrated need for an additional used car dealership in the area. Within approximately a one-half mile radius of the proposed location, there are already a minimum of five used dealerships servicing the community. which includes Royal One Auto, Bay Auto, DTH Auto, Auto Auto X, and Jackson Auto, which unfortunately I was unable to get together with all of the owners at that time, but I do have a meeting set in place with them for later where I can get some of their feedback as well and kind of explain to them a little bit about what's going on. The market's already very well served by the existing businesses that have been there for a long time. So approving another dealership with a special use permit would likely divide an already limited customer base, which would negatively impact the locally established businesses, many of us which have invested significant time and resources into the community itself. As my city leaders, I respectfully ask that you consider whether approving another used car dealership truly serves the best interests and residents of the local economy in the area. Responsible development should balance economic growth with the quality of life of the nearby residents, traffic safety, and the long-term health of the existing businesses that have been there for so long. For these reasons, I am respectfully requesting that the city deny or postpone the proposed special use permit. so that way other members of the community can have a chance to come and speak with you guys as well i do thank you for your time your consideration and commitment to making decisions that benefit our community do you have any questions for me i do not commissioners thank you very much thank you signed in name and address please patrick mccune 947 custer drive

Please raise your right hand. Do you swear to tell the truth, the whole truth, and nothing but the truth? If so, say I do.

I do. Thank you.

Sir, go ahead.

My biggest concern is that the people that are wanting to do this dealership ought to have a small business in my neighborhood which has late night gatherings at their business with loud music. They have cars racing up and down the streets. They do burnouts. the property that we're talking about today, I can see out my kitchen window. And there's already gatherings at that property where there are late night things going on that probably shouldn't be. I know that they have the business that's in operation now across the street. I believe they have several code violations that haven't been addressed, this nighttime activity that's going on. They actually speed up and down my street 80, 90 mile an hour. Somebody's going to get hurt bad. And I just think that these people are not responsible to be opening up another business in my neighborhood. And the lighting, yes, definitely will affect me. The lighting's going to affect me because I already get a lot of outside light from the street area. Like I said, I can see the building. I can see the whole front of the building from my house. And my biggest concern is what it's doing to the neighborhood, to the residents of the neighborhood, and me being impacted quite profoundly. I know it's going to increase traffic. Custer and Lewis Avenue, there's major accidents there on a regular basis. More traffic is not going to be good. Then you're going to have the test drives and people running up and down the side streets with cars. I just think it's not a good feedback for this project to go forward. I think that we should deny it.

Thank you, sir. Sir, what is the other business that you're referencing? It's a tire shop. Tire shop? Yes. Okay.

They own the tire shop.

I'm going to allow the gentleman an opportunity to address that concern. Commissioners, any additional questions? Thank you, sir.

All right. Thank you.

ask that the applicant step forward again I have some questions for you and I have some questions for our staff just to address some of the concerns we've heard as far as spacing goes Lisa this is going to be addressed to you as far as spacing goes with respect to these used car dealerships it meets all the city's statutory spacing requirements correct And as far as light pollution is concerned, just scanning through this, is one of the conditions of approval that the lighting is designed to focus in on the interior of the site and not towards the exterior of the site?

Yes. In our zoning ordinance, we require that everything be directed to prevent glare on any adjacent properties and or roadways.

Thank you. I know with some of our special use permits, there's restrictions on hours of operation. Are there any restrictions on hours of operation for this site?

There is not for used car dealerships. I will note because it's one of the concerns that were raised for the repair part of the business that it's only to be used for their use for their cars that they're bringing into the lot that it's not a business that's open to the public so you won't have well i shouldn't say that but my i would assume that you won't have the kind of in and out that you would normally have and the amount of repairs that happen that might happen with a regular car repair business

Thank you. Sir, would you mind addressing the allegations regarding, do you own another business in the neighborhood? Do you own a tire shop?

My sister does, yes. Your sister does?

Yeah, not me. Can you address any of the gentleman's concerns? I mean, are there late night gatherings at the tire shop? No, sir. Are there vehicles operating at high rates of speed coming in and out of the tire shop?

No, sir.

Okay. What will your hours of operation be for this car dealership? Nine to six. Nine to six, okay. I don't have any additional questions at this time. Commissioners, additional questions for the applicant?

Mr. Chair, I have a question. Mr. Ball, go ahead. Do you intend to, so the gentleman earlier raised a point about vehicles test driving on residential streets. Do you have any sort of plan to discourage or dissuade that behavior?

They're going to be on, they're going to be going towards Lewis Avenue. They're not going to be going to the streets, like through the side streets, if that's what you're concerning. Yeah. They're not going to be going through Southview or Custer. They're going to be going on Blue's Avenue. It's going to be safe in and out.

Okay.

Thank you. That's very much it. And I'm just doing something good for the community, you know. That's pretty much it.

Okay. Commissioners, any additional questions for the applicant? Hearing none. Ms. Cottrell, are there any waivers on this case?

There are not. I do want to mention that you could add a condition about the test driving. We've done that on the county side with the used car sales, car sales along Central Avenue. Then you could add such a condition.

Mr. Ball, I'll leave that up to you if you'd like to make that motion.

As an applicant, would you agree to this condition? Yeah. Okay.

Whatever you guys want. I'm here with you guys and for you guys.

Okay. What we're essentially asking is adapt a policy that when people are test driving your vehicles, you will instruct them to stick to the main roads and not go into the side streets.

And even if I have to personally, whoever's at the dealership, go with them with the ride, that's fine with me. Every car that gets out, somebody's going to be in it. Even if it's safer for me, for the car and everything.

everything is going to be as you guys please so i will make a motion to add a condition that restricts test drives to main streets i.e lewis avenue or laski

I would not limit it just to Lewis and Lansky. I'd just say Main Streets.

Yeah, Main Streets. Non-residential streets. They can go up to Lexus if they want.

Yeah, non-residential streets. Yep, 100%. I got you.

all right uh i'll second that motion we have a first and a second to approve to approve that as additional condition of approval all those in favor say aye aye any opposed okay that carries unanimously so at this time commissioners if there's no further questions i'm going to accept the motion on this time at this time on this case sup 26-0012 to either approve or disapprove of the application ball will make a motion to approve as amended I'll second that. We have a first and a second to approve the application as amended. All those in favor say aye. Aye. Any opposed? yes i oppose we have four in favor one opposed so that carries that'll go to city council next month you'll be in front of city council on august august 19th at four o'clock here in these chambers be back here august 19th in these chambers and it'll go forward with our recommendation thank you and good luck to you thank you so much sir thank you guys all Ms. Cottrell, can you read case number four into the record, please?

Item number four is case Z260012, requesting a zone change from IL Limited Industrial to CN Neighborhood Commercial at 3959 LaGrange Street. Staff recommends approval for the following three reasons. The proposed rezoning is consistent with the comprehensive plan and the state purpose of the zoning code. The proposed rezoning is consistent with the zoning classifications of properties within the general vicinity of the site. And the subject property is physically suitable if the use is permitted in the proposed zoning classification.

Please let the record reflect that I am going to recuse myself from this case. Mr. Ball will chair this case.

Sir, could you please raise your right hand to be sworn in?

Actually, do we want to get a name and address? Oh, yes, I'm sorry. Can you state your name and address for the record, please?

Louis Babona, 3959 LaGrange Street, Toledo, Ohio, 43612. Thank you.

Sir, do you swear to tell the truth, the whole truth, and nothing but the truth? If so, say I do. I do. Thank you. Thank you.

Could you tell us about your project?

This store is an industrial grocery store, and I wanted to keep it as a convenient neighborhood store. Of course, with the help of the city of Toledo and the commissioner, as I put effort on the store, I add more product to the store and extend hours for the neighborhood. Thank you.

Thank you. There are no conditions of approval at this time. I'll ask if there are any commissioners that have any questions for the applicant. Seeing and hearing none, is there anyone in the audience that would like to comment on this case? Seeing and hearing no one, Esther, have we received any phone calls or correspondence on this case? No, Mr. Chair, nothing. At this time, I will accept a motion to approve or disapprove this case.

Mamadi will make a motion for approval.

I'll second it. We have a motion for approval and a second. All of those in favor, say aye. Aye. All of those opposed, same sign. Okay, sir. Your case stands as approved. Thank you.

This will go to zoning and planning on August 19th at 4 o'clock here in these chambers. All right.

Thank you so much.

Ms. Cottrell, case number five, please. Item number five is case PUD 260007, amendment to a planned unit development originally granted by ordinance 15025 and ordinance 43925 for a new library at 327 West Alexis Road. Staff recommends approval for the following two reasons. The planned unit development is consistent with the Ford Toledo plan and the stated purpose of the zoning code. And the proposed use is consistent with existing land uses in the general vicinity of the property. Staff further recommends approval subject to 20 conditions, which we've read in the, reflected in the minutes and not read into the record unless there's a request that I do so. There's a revised staff report in your folders. Revisions include the addition of conditions of approval from Engineering Services and Sewer and Drainage Services on pages 510 and 511. Thank you, Ms. Cottrell.

name and address please hi my name is stephanie peters and my address is two seven two nine prospect avenue in cleveland ohio thank you please raise your right hand do you swear to tell the truth the whole truth and nothing but the truth if so say i do i do thank you please tell us about the proposed amendment to the project

Absolutely. The original PUD was approved for a new Washington branch library for the Toledo-Lucas County Public Library System. That was the first phase of our renovation of the eight-acre site along Alexis Road. Phase two was the operations center that is going to be along Tremainesville that would serve the system as a whole. and what we're calling phase three is one building what has remained existing on the property and it houses the star diner and the former glass city crossfit at the the last time that i was here it was not yet determined If the star diner was going to stay or not, so we were uncertain of uncertain about how that would be developed The glass city crossfit has moved out and we're renovating that for the friends of the library for the used bookstore and since then The library and the owner of Star Diner have come to a lease agreement and they're excited to be able to stay. And with that, we would like to maintain their operations that they're used to by renovating that northern part of the building to kind of fix up the asphalt, continue the sidewalk along that we have proposed with the Washington branch work, have the landscape buffer, and then they currently have a dumpster and a grease receptor, grease? Kind of trash can. Nothing lovely. Right now it's sitting out front. I'm proposing a six foot high double door privacy screen and gate for those to be enclosed.

Okay.

Thank you very much. There are 20 conditions of approval. Have you had a chance to review those? I have. And do you have any concerns? No.

We're fine with all of them.

Thank you. And so it seems like what we're doing here is we're bringing that existing building back into the plan. We're preserving the existing building. We're going to have it occupied by two tenants and that we're going to get some upgrades to the property consistent with the new library and the operations center.

Correct. And the exterior of the building is being renovated as well, and that was approved administratively.

Excellent. Thank you. Commissioners, any additional questions for the applicant? Hearing none, is there anyone in the audience who would like to speak on this case? And Lisa, did we get any calls, emails, or other correspondence in advance of today's hearing?

We have not, no.

Thank you. All right, at this time, are there any waivers in this case, Ms. Cottrell?

There are two waivers, 1108-0202, the frontage green ballot requirement, and 1108-0203, the dumpster trash receptacle within the setback.

Okay, so we'll start with the first one. The first one is a waiver of the required minimum 30-foot wide frontage greenbelt along Alexis Road. Essentially, we're keeping it as existing, correct?

with some improvements currently the asphalt that's there extends all the way to the street so it'll be a new curb curb cut with the overall site development but then also incorporating tree lawn sidewalk and then eight foot landscape buffer and then the parking will begin so it'll be a much improved version of what is existing

Excellent. I will accept a motion at this time on the first waiver, section 1108-0202 for the frontage greenbelt.

Mamouni will make motion for approval for the first waiver.

Ball will second.

We have a first and a second to approve the first waiver. All those in favor say aye. Aye. Any opposed? All right, that one will be recommended unanimously. And then the second waiver is 1108-0203G. That is the screening for the dumpster and the trash receptacle. Ms. Cottrell, the issue is, is it the height of the screening? Is that the issue?

I think it's the location and the visibility of the dumpsters along Lexus.

But right now, that's how it currently exists, and they're going to screen and cover it up, essentially. Okay. I'll accept a motion at this time on that waiver as well.

I'll make a motion to accept that waiver.

All seconds.

Move the first and the second to approve the second waiver. All those in favor say aye. Aye. Any opposed? Okay, so those two waivers are approved. I will accept a motion at this time on the case in whole, PUD 26-0007.

Mamouni will make a motion for approval.

We have a first and a second to approve the case. All those in favor say aye. Aye. Any opposed? That carries unanimously. And Lisa, does this go to City Council? This goes to City Council, August 19th, 4 o'clock here in these chambers.

Excellent. Good luck. Thank you so much.

Thank you. Ms. Cottrell, are cases six and seven companion cases? They are. Will you read them both into the record, please?

Yes, I will. Item number six is case SPR 260023. Major site plan review for a new parking lot at 114 North 13th Street. Staff recommends approval for the following two reasons. The proposed land use is allowed in the zoning district, which is located, and vehicular ingress and egress to and from the site and circulation within the site provides for safe, efficient, convenient movement of traffic. Staff further recommends approval subject to 17 conditions, which will be reflected in the minutes and not read into the record unless there is a request that I do so. And item number seven is case DOD 626, downtown overlay district review for a new parking lot at 114 North 13th Street. Staff recommends approval for the following two reasons. The proposed parking lot will provide for needed off-street parking in close proximity to the innovation post in which it is intended to serve. The proposed parking lot is compatible to downtown urban design guidelines. Staff further recommends approval subject to seven conditions. Should we reflect in the minutes and not run to the record unless there is a request that I do so?

Mr. Chair, I will have to recuse myself from this case.

Please let the record reflect Mr. Ball has recused himself from this case. Gentlemen, once you've signed in, give your name and address.

Brian Pers, Toledo-Lucas County Port Authority, 1 Maritime Plaza, Toledo, Ohio, 43604.

Thank you, sir. Do you plan on speaking at all? Just go ahead and give me your name and address. We'll find out. Yeah.

Jeremy Cook from the Manikin-Smith Group, 1800 Indianwood Circle, Maumee, Ohio.

Thank you. Will you please both raise your right hand?

Do you swear to tell the truth, the whole truth, and nothing but the truth? If so, say I do.

I do.

Thank you.

Sir, go ahead.

Yeah, thank you for having us here today. So essentially, the project is we're taking an existing parking lot and making it a better parking lot at Monroe between 12th and 13th. Reason for this project is to take care of a small parking issue at the Innovation Post, which is a block away, former Jefferson Center.

Okay. And there are 17 conditions of approval on one of the cases, the site plan case. Have you had a chance to review those? Are there any concerns with those conditions?

No.

No, okay. And on the downtown overlay, there are seven conditions of approval. Have you had a chance to review those? Any concerns? No. Okay. Okay. The parking is definitely tight down at the Jefferson Center, so I can understand this request. Commissioners, any questions for the applicant on either of the cases? Hearing none, I will ask, is there anyone in the audience who would like to speak in favor of or oppose to this application? Okay, and Lisa, any calls, emails, or other correspondence in advance of today's hearing?

We did not receive any.

Okay. Gentlemen, is there anything else you'd like to add?

Okay.

Then at this time, I will accept a motion on these cases. We'll start with case number six, SPR 26-0023. I'll accept a motion for approval or disapproval.

Mamani will make a motion for approval.

I'll second that.

We have a first and a second to approve the application. All those in favor say aye. Aye. Any opposed? That carries unanimously. Lisa, that one is complete, right? That does not go to council?

Right. These are both complete. They do not proceed to council.

Okay. Let's go to case number seven, which is DOD 6-26. I'll accept a motion on that as well. Grover makes a motion for approval. We have a first 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 as well. Those are both fully approved. Good luck to you and thank you.

Thank you.

Thanks again. We always appreciate the support from the Planning Commission.

Ms. Cottrell, case number eight please.

And number 8 is case M426 amendment TMC 1104 or 107 TMC 11160209 and TMC 1160236 redefining community recreation active staff recommends approval for the following reason. The proposed tax amendment is consistent with the comprehensive plan and state of purpose of the zoning code. There's revised staff report in your folders. Revisions include just minor text modifications on page 81 and 82. Just clarifying which which code sections are amended.

Thank you. And Alex, are you going to present this case for us?

Yes, I am.

When you're ready, go ahead.

all right so currently our community recreation active use category is uh very broad and we've had a number of different things that kind of fall under it and don't really need to so this text amendment would take community recreation active split it into two so there would be a community center and then a community recreation active defined under the community recreation umbrella the community center the difference between the two uses there would be a community center is allowed by special use permit and residential districts and parks district and everywhere else it's just permitted we don't have to go through a special use permit to open up a senior center in a strip plaza and we don't need to review that in that way And that uses similar definitions that were already in there, it just splits it up. The other thing that this does is it adds some It broadens the, what's it called, personal improvement service definition to kind of take those tutoring services and after school programs and define it in there instead of under the community recreation active umbrella, which is where it was interpreted to follow. And there wouldn't be a change in where the personal improvement service is permitted, basically just commercial. And if you have any questions, ask away.

Thank you. I think this is an area that we definitely need to focus on. It was quite unclear at times what fell under these categories. So the community center now will be permissive in many districts where before it would have required a special use permit.

Correct.

I noticed in our use categories, we have definitions for active recreation, community-centered marinas. We have statutory definition for passive recreation, but it's not in our use chart. I'm not seeing it. Oh, I'm sorry. It was on the prior page. It's before active. So can you tell me what the difference is between passive recreation and active recreation? Because they seem to kind of jumble together a little bit.

When I first started, I was also very confused, and it still is a little. But basically, a passive recreation is something without any active recreation area. An active recreation area is like a ball field or a playground, something where there's an activity really going on. so passive recreation is a park that's basically just a field with maybe a gazebo but if you put like basketball courts there now it's an active recreation use and would require a review through this body okay and we've got we've got

the active category i guess my question was it still requires a special use permit in a park district for active recreation is that something we should look at for me to make that more permissible within a park district

i think that's probably a good idea um maybe like a major site plan instead i think yeah sorry i think a major site plan interview is appropriate i think one public hearing is appropriate because you do get neighborhood opposition because of um some secondary effects from from you know baseball fields are baseball fields are notorious for uh

neighborhood opposition yeah I just think that in a in a park district it makes sense to allow active recreation without a special use permit I think that's a good idea so that would be probably my only suggestion is something else we could change as we as we work through this and take this to council yeah yeah I can look into how to do that I know there's some other uses that are just site plan review

definitely something we should look at for the rewrite but i'll see if i can get it in this amendment thank you yeah on that on that note it's i would say that not all the active recreation types are equal though and so it's like almost by a case-by-case basis for a park which you you would have to consider it like we're not going to say a campground should be permitted in a park the same as it would be to have a basketball court in a park. Do you know what I mean? I don't know. Right now, because with the special use permit, it's a case-by-case thing, but it's just such a broad swath of types of active uses.

An example of that could be the Glass City Metro Park Phase 3 campground. Is that a major site plan review? Should it be?

Yeah. I guess that's always been my concern with this category is there's so many disparate uses included that sometimes we end up having to hear special use permits over really silly things. And sometimes it's justified. And I like what we've done. I think we could probably even go further with this to break out some of these use categories and to make it a little easier for projects to get approved.

yeah and definitely when we rewrite the code i i want to look into this a lot more than i did this is a quick fix for the uh the most egregious things any other questions for alex all right hearing none i will ask is there anyone in the audience who would like to speak on this matter

All right, and then at this time, I will accept a motion on this case, M-4-26.

Coach Weiler makes a motion to approve.

Moves and a second. We've got a first and a second to approve the application. All those in favor say aye. Aye. Any opposed? All right, that carries unanimously, and that will go to council. Ms. Cottrell, do we have any other business? We do not. Then we are adjourned. Thank you, everybody.