Good afternoon.

This is a regularly scheduled meeting of the Toledo City Plan Commission.

Ms.

Catrell, will you please call the roll?

Rachel Woman here.

Brandon Rakoff.

Here.

Eric Rosweiler.

Here.

Mr.

Chair, you have a quorum.

A notice of this meeting was posted in the office of the Toledo County Plan Commission's in the clerk or council's office in the lobby of one government center.

A copy of that notice is available for inspections in our file in case anyone would care to do so.

Thank you, Ms.

Cattrell.

For the record, uh Commissioner Whittington emailed me today.

He has a family emergency, so he will not be joining us.

I believe Commissioner Ball will still be joining us today.

We have a procedure here at the Toledo City Plan Commission that if you plan on speaking today, either in favor of any case or opposed any case, we must swear you in.

So at the beginning of each case, I will ask the applicant to step forward to the lectern.

We'll take your name, address, we will swear you in, and an applicant will have a period of five minutes to present their case.

Any audience member will have one opportunity of not more than three minutes to present testimony, and then once that is concluded, we will give the applicant some time for final remarks.

Uh Ms.

Catrell, do we have any minutes to approve?

We have the minutes from March 12th and May 14th, 2026.

Um I will accept a motion on those minutes.

I'll I'll take the motion with them together.

And let the record reflect that Mr.

Commissioner Ball has joined us.

I will make a motion to approve.

I'll second it.

We have a first and a second to approve the minutes.

All those in favor say aye.

Aye.

Any opposed?

That carries unanimously.

Uh Ms.

Cattrell, do we have uh director's report?

Uh we do.

I'd like to handle that at the end of the hearing.

Thank you.

Do we have any final plans?

We do not.

And are there any requests for postponement, withdrawal or advancement?

There's one request for deferral, item number seven is case M1525.

Tax amendment for post-environmental change certificates of appropriateness.

We're requesting a 30-day deferral to the July agenda.

And that's of our own uh request, correct?

That's correct.

Okay.

Um I'll accept a motion on the deferral of case M15-25.

Mominy will make a motion for approval.

All seconds.

We have a first and a second to approve the deferral.

All those in favor say aye.

Aye.

Aye.

Any opposed?

Okay, that carries unanimously.

That case will be heard on our July agenda.

If you are here today for the case involving uh post-environmental change certificates, if you plan to give testimony on that case, we will not hear it today.

That'll be next month.

Any other case any other deferrals?

Uh we do not.

Please read case number one into the record.

Item number one is case SUP 26015, special use permit for a new cemetery at 722 East Bancroft Street.

Staff recommends approval for the following three reasons.

One, the proposed cemetery is consistent with the Ford Toledo plan.

Two, the proposed use will reuse vacant lots in the city without negatively impacting nearby properties.

And three, the 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 a request that I do so.

Is the applicant present?

Yes.

Good afternoon.

If you don't mind stepping up to the lectern, we'll take your name and address is PO box 350 672 Toledo Ohio 43635 and I also are any of the other gentlemen gonna talk are they gonna speak at all?

The other gentlemen are they gonna speak?

Um they might.

Can before we move forward, can we get their name and address?

Absolutely.

My name is Ibrahim Abdul Rahim.

I'm the spiritual advisor at the Toledo Masjid of Aldasma.

And address please I live at 2491 Glenwood Toledo Ohio 43620 thank you sir my name is uh Justice McNew I live um at 722 East Bancroft Street um and I'm the administrative assistant thank you uh counsel you do not need to be sworn in the other gentleman could you both raise your right hands uh do you swear that the testimony you're gonna give today is the whole truth if so say I do I do thank you sir go ahead okay so um I would like to start by giving some background on the mosque it is the first purpose built mosque in the state of Ohio and one of the first purpose built mosque I do believe the third or fourth purpose built mosque in the entire nation so this is a historical landmark and the mosque it provides community services to Muslims and non-Muslims alike such services include charitable aid food district food distribution clothing drives participating in habitat for humanity builds and um weddings communal prayers and other religious services as well now the surrounding area it's it's a blighted it's surrounded by blight abandoned and boarded up houses for instance the McDonald's on Bancroft which is directly adjacent to the mosque is boarded up it's closed out and I think that speaks to the nature of the surrounding area and we're trying to stabilize the community stabilize the area and we intend to stay at that location for for the first foreseen future for generations and we believe that the mos the mosque having a cemetery in order to provide dignified burials to its community members will not in any way be disruptive or destabilizing to the community and I understand that there were concerns raised about potential environmental concerns however the science does not support that this embalming is actually not required by law by by any state whatsoever additionally it's really an American and Canadian practice to preserve the bodies it's and in any state that does require any type of embalming it's where the body is not buried within 24 hours 24 to 48 hours or subject to refrigeration.

And pollution is actually caused by the embalming fluids such as formaldehyde which could potentially leech into leech heavy metals into the ground however the Islamic burial process it's consistent with the green burial process where we wash the body we wrap it in a simple white cloth and a funeral prayer is held at the mosque and the body is usually buried within 24 hours now I understand there it there was a concern raised that we do not use coffins or caskets however there's no law requiring that and we will be we will be using cement vaults in the ground which the bodies will be which the body will be placed in and so there's really no concern about decomposition there's no science to back it up and we would just ask that you support us in our right to provide dignified burials to to our congregants and to the community.

Thank you, sir.

Um when we heard this case before, um we had asked before the making a decision on this case that you would hold a neighborhood meeting um I understand that the neighborhood meeting took place.

Do you mind uh just just talking about when the meeting took place, how many people attended.

Just give us some background on that neighborhood meeting.

Sure.

So we how we attempted to get in touch with the neighbor with the community uh group over the last couple of weeks in order to schedule a meeting.

And we were unable to do so we reached out to the plan commission in order to get their help to organize the meeting.

The meeting was finally held last this last Saturday and approximately I want to say close to tw 20 members from the mosque showed up and about four or five members from the uh neighborhood group showed up and you know I gave them a presentation about the Islamic burial process the green burial process the misconceptions regarding embalming misconceptions regarding pollution concerns I also mentioned that there one of the first things that popped up in my research of this issue was a term called Islamic uh spatial Islamophobia which is basically an attempt to use local zoning laws to create spatial barriers to constrain Muslims access to space and limited economic and and limit economic political and social rights and the first thing that popped up and I'm not saying this is the case here but this is the very first thing that my research showed was that this is actually a common tactic to make a claim of environmental concerns that do not have any f factual scientific basis and it's our burial process it's very similar to the green burial process which limits pollution it limits any detriment to the to groundwater.

And I'd also like to mention the source of local drinking water is nowhere near the proposed cemetery site and which has also been analyzed by the health department and they have recommended approval as well and it's important to note that there are other cemeteries with within the immediate vicinity and no concerns have been raised about those ever and we would just like a fair shot and the opportunity to provide dignified burials to our community members and to remain an active and participating member of the community.

Appreciate that and thank you.

Just for the record um the health department has recommended approval the health department didn't have any concerns so we have that in our in our file in our record as well.

I have two more questions for you and then I'll open it up to my fellow commissioners.

Last time you were here there were there were 12 conditions of approval and you were comfortable with all 12 of those conditions and you still are correct okay um I had in looking at your project I believe it would be in the best interest of both the cemetery itself and the neighborhood if there was some type of decorative fencing around the cemetery are you open to that?

Absolutely there's a there's an alley that runs next to the building and what I'm afraid of is that people will use that alley and just cross over the cemetery grounds without thinking about it or without you know addressing that they're walking over you know the remains of of people and so I think a fence uh around the perimeter of the cemetery would be a good idea to add to this project.

We agree.

Okay.

Um do you have any objection if I make a fence a thirteenth condition of approval that we'll do a fence no okay so we'll uh I'm gonna make a motion that we add that as a condition of approval is there a second to my motion nomineal second okay we have a first and second all those in favor say aye aye aye okay so that was my last question.

Um commissioners, any questions for the applicant?

No, thank you.

The fence issue was my only concern, also.

Okay.

Uh can I say something real quick?

Alex, go ahead.

Uh Brian, I didn't even see this on their most recent plan that you have in your packets.

Looks like they do show a proposed fence around the cemetery.

It's a little hard to see.

It was hard to see on the plan, but um I think that's in everyone's best interest, and that's that's fantastic.

Um so at this time if there's no further questions from the commissioners, I will ask is there anyone in the audience who would like to speak in favor of or opposed to this application.

We do have one person that would like to speak, I believe.

So, gentlemen, if you could just sit down for a moment.

Thank you, sir.

Ma'am, name and address, please.

My name is Wanda Love, two twenty-one twenty three North Twelfth Street, Toledo, Ohio, four three six, two zero.

Will you please raise your right hand?

Do you swear that the testimony you're about to give is the truth?

If so, say I do.

I do.

Ma'am, go ahead.

Yes, sir.

We did meet on this following on this past Saturday, and yes, there was only about four or five people there.

The four or five people that were there were representatives that was to be there.

We had had two previous meetings prior to that with the community.

As a result of that meeting, it was established once talking with the others that they wanted to have another meeting.

And honestly to say, I don't know if uh another meeting is necessary because um I really took offense because we know that the the McDonald's is closed, and I mentioned when we was here that we're in the process of doing some different things in our community.

And not only that, we have just been approached with a um developer to put houses and different things back in our community.

So every community go through a downfall.

So because the McDonald's closed and boarded up, it's not significant enough for you to use as an as a reason to put up a cemetery.

Now, as president of the Warren Sherman, I have not taken uh no stand for or against because that was not my job to do.

My job was to take it to my community, what was asked, what was wanted, and to bring back what the community said.

I w I felt though, even when I talked with the attorney prior to this meeting, and he asked me a couple of questions which I will tell in a minute, and I talked to him.

I never expected for the community to be attacked far as the condition that it's in.

Because we know our community is down right now and we're trying to upbuild it.

So I told someone on yesterday, it's not a win-win situation anyway, because somebody is not gonna be pleased.

If it's decided not to have the cemetery, then those are the mosques, not gonna be pleased.

If it's decided to have the cemetery, those are the communities, not gonna be pleased.

But I do not want to see or be a part of anyone being put down or insulted in order to accomplish whatever's got to be accomplished.

I don't think that was necessary.

I may be out of place.

If I am, I apologize, but I don't think that was absolutely necessary, because that was not what we're here for.

We're here to determine if it's gonna be uh feasible and if it's not and if it's gonna be uh detrimental to the community in any kind of way.

I had it spoke to him and I had told him that I had just left another meeting and there was and that we would like to have a second one, at first I said with just us again, and he said that it would be better to have it with them because there was someone that was gonna come in and speak to the community and help clarify some of the the questions and maybe misunderstandings of what this type of burial is.

Now I feel that if if I'm gonna say me, I'm not gonna say to the community.

If I feel that if I can go back to my community and ask my community so everything can be an easy transition, and ask them to meet again, meet with them again, have someone come in that can explain to them with a better understanding than what they received on Saturday, then I don't think I'm gonna use the term musling was necessary about the environment about the looks of the community.

That wasn't necessary.

But anyway, um that was what we he asked me what what what was my what was I gonna say today?

And I was gonna say that we wanted to meet with them again.

Because the people, and I'm just gonna be honest, and I told him they they want to do a petition and get signatures not to have the cemetery.

I asked them, no, let's wait.

Let's still clarify 'cause there's those that still want a better understanding.

We live within a community together, and we have to find a way to survive in this community together.

Now, if it like I say it's not gonna be a win win either way go, because they got what they want and the community got what they want.

You know, they have their ideas of what they want.

But I do believe that we can come to a medium, a medium ground here, and in a proper way, and that's talking with one another, coming out with an understanding, and then at least everybody'll be on the same page.

Thank you, ma'am.

Um obviously no one no one has any desire up here to insult the neighborhood or anyone who resides in the neighborhood, outside of being offended on that point.

In discussions with your neighbors and with your community, were there specific reasons why they don't want the cemetery.

The reasons were they number one what's actually on the table now is they want m a better yet understanding because they said the questions that were asked of them, they did not get a good understanding about the burial.

And I had someone today as I spoke that would be willing to come in and speak to us, speak to the entire community and explain it.

She was telling me about the green burial or whatever.

I'm not familiar.

And um, one of our um members of the uh conference here, and that was what his concern was at the meeting was understanding.

He said he didn't recognize you know, he don't have enough information, and so I feel as though if the people is willing to get want information, at least give them the information, and let's then like I said to try to go about this thing in a reasonable way.

I don't want to see a petition, and I'm gonna be honest as president, I don't want to see that because that brings about discord, and we don't need discord.

I don't feel that's what this was even about.

And then in the meeting, a couple of people came out of me and said that they were told that we were racist, you know, or we just didn't want to because of who they were.

That's not true.

That's not true.

So I think it's still a lack of understanding.

So I think if we just slow down, get some understanding, well then it might be no more need of us even coming here, and then go on and do what they doing or whatever.

Thank you, ma'am.

You're welcome.

Sir, if you'd like to speak, would you please step forward?

Take your time.

Okay.

I want to tell the truth, so go ahead.

Name and address first.

Name and address.

Pastor Charles Walden, twenty one twenty three North Thirteenth Street, Toledo, Ohio, four three six two zero.

Thank you.

Now you can raise your right hand.

Yeah.

Do you swear or affirm that the testimony you're about to give today will be true and accurate?

If so, say I do.

I do.

Sir, go ahead.

Okay.

On June 6th.

Let me back up.

I'm a member of the Warren Sherman area council.

I've been sick for about three years and been out of circulation for anything.

Very, very sick.

And I came back, I say God miraculously healed me, and I came back to activities in my community.

If you realize Miss Love gave her address, it's 2123 North 12th Street, and I'm on 2123 North 13th Street.

We live in the same community.

When I came back and went to the area council meeting, there was a petition, and we had a meeting, and it was really in opposition of the what's the name of your mosque.

So we don't want to know what's left.

Okay, you heard him.

I can't say it.

So I wanted it to know and have understanding of what was really going on.

So there were some flyers that had been generated by Miss Love and the area council.

Now remember I said I just had come back.

I didn't, that was already done.

So I went around in the neighborhood where the mosque is and passed out some of the flyers, uh and one of the issues on it was the building of a cemetery.

So I asked some of the neighbors, what do you think of that?

But I have to tell the truth.

As I approached them, I told them what was told to me in the first meeting that we had, and and it was, I'm not gonna say it was what was told of me, but what was discussed was the bodies in the ground might secrete because they the the Muslims do not embalm that the bodies of the uh internal organs and everything might secrete down into the ground water, and I'm ignorant of this, I don't know.

Yeah, maybe so.

We'll have another meeting on January, January, June the 6th, at the YMCA with Mr.

Cassim and the Ayman, and and like he said, what did you say?

About 13 or 20 of your members, and they were about five or six of us from the Warren Sherman attended the meeting.

After Mr.

Cassine gave his report of burial in the state of Ohio in Lucas County, I had a different opinion about all of it because everything that he told us was legal, and some of it wasn't even required by the by Ohio or Lucas County.

Um he said because cemeteries require you put everybody, everybody in a vault when you put it in the ground.

But he said that that's not even really required.

He did his homework, and here's the key part that changed my mind about what I was thinking.

They want to construct this cemetery because of their loved ones and the memories of those who've gone on before.

And I'm a Native American.

Half, and I visit a cemetery in North Carolina where my mother is from, four blooded Cherokee, Indian, and right on the church ground is a cemetery that they got bodies, man.

That's my great, great, great, great, great.

Go on back far as you want to.

1700.

On the tombstones.

So I understood their center to won't, you know, people of their faith and their families to be buried there to construct this.

I am a pastor of the Christian faith, okay?

Dislike or discard for any faith.

Jews.

Royal Catholic.

And any faith.

Because Jesus told us to love everybody.

And that's what I do.

Now, Mr.

Cassane explained that in that neighborhood.

It's bright.

It's poverty.

They have a food bank that they feed the people in that neighborhood.

And some of them don't live in that neighborhood.

That's what Jesus told me to do in my Bible.

And they're doing that.

So I don't see any harm in them doing it.

I know that was kind of lengthy, but I had to tell you all of it to make you understand.

They are doing stuff over in that neighborhood, and they are the Islam or Faye that Christians are not doing in that neighborhood.

I can't see nothing wrong with it.

Thank you, sir.

All right.

Alex, did we get any calls, emails, or other correspondence in advance of today's hearing?

I did not know.

Would the applicant please step forward one more time?

What I did hear in our presentation is a request for perhaps a second meeting for an additional chance to get more information on what you plan to do with the cemetery.

We're gonna vote on this case today, but between now and when it goes to city council, I'm just asking if if the neighborhood reaches out, would you be willing to have a second meeting with members of the neighborhood?

Sir, we're open to engaging with the community.

We want to engage with the community.

We've tried to set up a meeting, and we had to reach out to the plan commission to actually get the meeting set up, and then when we showed up to the meeting, we were informed that they held two prior meetings without us.

Let me just interrupt.

What I'm asking is if you're invited to a meeting, would you attend?

Absolutely.

Let's leave it at that.

And we do hold open houses and tours of the of the mosque.

We're we're open to engaging with the community.

We appreciate that.

Thank you.

Commissioners, any final questions for the applicant?

Sir, any closing remarks?

Anything you want to add, any closing remarks?

No, sir.

Okay, thank you.

So at this time, I will accept the motion on this case, SUP 26-0015.

Paul will make a motion for approval.

We have a first and a second to approve the application.

All those in favor say aye.

Aye.

Any opposed?

Okay, that carries unanimously.

And Lisa, when will they be before City Council?

Uh July 15th at 4 o'clock in these chambers.

Good luck to you, gentlemen.

Thank you.

Thank you all.

Okay, case number two, please.

Item number two is case Z26009.

Zone change from CO Office commercial and RS6 single dwelling residential to RS6 single dwelling residential at 3740 West Alexis Road.

Staff recommends approval for the following two reasons.

The proposed zone change will permit the property's religious assembly use while simultaneously allowing the replacement of an EMC ground sign.

And two the proposed zone change will correct a split zone property issue.

Thank you.

Is the applicant present?

Sir, welcome.

Name and address, please.

Lynn Thomas, 1122 Burnath Parkway.

Thank you.

We please raise your right hand.

Do you swear and affirm that the testimony you're about to give today will be true and accurate?

If so, say I do.

I do.

Sir, please tell us about your request.

Okay.

First of all, I'd like to ask, is anybody else want to come up?

Okay.

We'll go ahead and swear everyone in right now.

So if you could give your name and address for the microphone, and then we'll we'll have you all raise your right hand.

Christina Rodriguez, 2346 Wintersat Drive, Toledo Ohio, 43614.

Thank you.

Jazz Bose, 9177 Rolling Hill, Holland, Ohio.

I don't remember my zip code.

Do I need that?

That's okay.

Thank you.

Russ Allen, 408 West Northgate Parkway, Toledo, Ohio, 43612.

Thank you.

Will you please all raise your right hand?

Do you swear or affirm the testimony you're about to give will be true and accurate?

If so, say I do.

I do.

Whoever would like to start, please go ahead.

August 3rd, 2025.

God brought together two congregations, two churches, Compassion on Airport Highway, Compassion Toledo on Airport Highway, combined with Calvary Bible Chapel, who is already at West West Alexis Road.

Bishop Bowes is our pastor.

And when we combined, we obviously wanted to change the name of our sign from Calvary Bible Chapel to our new name, which was Compassion at Calvary.

And through the years, that digital sign is went out of repair.

And we had an opportunity to get another sign, another electronic sign.

We're going to have half electronic sign and half not.

Once we did that within the current zone that we are, electronic signs are prohibited in that zone.

So we were a split zone anyhow.

So Alex had suggested to for us to go to both RS6 in in both uh both the north section and the south section.

So that's that's why we went through with the zone request and uh within within that the uh we'll sh we're still going to have to ask for a variance um at another committee uh because of the square footage of the sign itself.

Thank you.

Uh commissioners, any questions for the applicant?

Hearing none, um I will ask, is there anyone in the audience who wants to speak in favor of or oppose this case?

Okay.

And Alex, did we get any calls, emails, or other correspondence in advance of today's hearing?

Yes, I received four calls from neighbors around, and they were all general inquiries.

Thank you.

And so at the if we approve this, the entire site will be RS6, and currently it's half and half.

Correct.

Okay.

I don't have any additional questions for the applicant.

Is there anything else you'd like to add?

I I would just like to add that um the only reason that this is happening is because the sign company that we're working with told us, you know, it was a okay, just do it, order the sign.

So we ordered the digital part out from South Carolina, and it was sent non-refundable and all of that.

So uh it's two different companies uh in one, and so really we hate to actually burden you with this, but uh the money is spent, and so now we're just trying to do the best that we can to be good stewards of our members' monies because if not we will have wasted fifteen thousand and then have to come up with another fifteen to grandfather and just change the surface of what that is.

So we really appreciate that.

We're just trying to be good stewards, appreciate it.

Absolutely.

Thank you for that.

Commissioners, any final questions?

Okay.

At this time I will accept the motion on this case, Z twenty-six dash zero zero zero nine.

Mominy will make a motion for approval.

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 before city council on July fifteenth.

Okay, good luck to you.

Thank you.

Ms.

Catrell, case number three, please.

Item number three is case Z 2600 ten, a zone change from C R regional commercial to RS6 single dwelling residential at 5860.

C Core Road staff recommends approval for the following two reasons.

The proposed zone change will allow for the structure to be used as a single family dwelling for which it was originally built.

And two, the proposed zone changes compatible with the Ford Toledo plan.

Thank you.

Please step forward.

Stephen Heaney, I live at 8763, Big Cypress Circle, Sylvania, Ohio, 43560.

Please raise your right hand.

Do you swear or affirm the testimony you're about to give is true and accurate?

If so, say I do.

I do.

Sir, tell us about your request.

I own a property at 5860 Seacor Road.

It was uh originally built as a house over the period of its existence.

It's primarily been a residence, it had just been used for other purposes.

I acquired it to use it as office space just because it was convenient because I had a property across the street, but it was a house.

It's built as a house, it looks like a house.

I'm interested in selling it.

My realtor tells me uh in the current market the absolute best use of it is as a home, and I was under the impression that there is some level of need for homes in the uh community, so that seemed to be a win-win for everybody.

Thank you very much.

Commissioners, any questions for the applicant?

Hearing none.

Is there anyone in the audience who would like to speak in favor or opposed to this application?

And Lisa, did we get any calls, emails or other correspondence in advance of today's hearing?

We did not receive any calls or comments.

Thank you very much.

Um Sir, I I would agree with you.

It's a it's a residential structure.

Let's zone a residential and move on.

Uh I'll accept a motion on this case.

Z 26-0010.

Mominy will make a motion for approval.

We have a first and a second to approve the application.

All those in favor say aye.

Aye.

Any opposed?

That carries unanimously, and sir, you'll be in front of City Council on July 15th.

Thank you.

At least if you're helping on board, I appreciate your time.

Thank you.

Good luck to you.

Case number four, please.

Item number four is case Z 26008, zone change from RS12 Single Dwelling Residential to CN Neighborhood Commercial at 640 Wyman Street.

Staff recommends disapproval for the following three reasons.

The proposed zone change is not consistent with the forage leader plan.

The proposed zone change is not compatible with the existing residential neighborhood within the general vicinity of the site.

And while the proposed zone change will permit the expansion of the existing use on site, the use standards in the zoning code still could not be met.

Thank you.

Is the applicant present?

Sir, please step forward.

Sir, name and address, please.

Yeah, um Steve Keesling, I'm the director of Toledo Animal Rescue.

My home address is 947 Maple Street, Perry's Burg, Ohio, 43551.

Please raise your right hand.

Do you swear or affirm the testimony you give will be true or accurate?

If so, say I do.

I do.

Sir, tell us about your request.

So, gotta have to go to a little bit of history.

Uh Toledo Animal Rescue, which was formally is officially Toledo Animal Shelter, has been uh a staple in Toledo since 1927.

Um our facility that we currently are in, we've been at that location since uh December of nineteen thirty.

So we've been a staple in the or in the neighborhood for ninety six years now.

Um over the course of those years, you can understand that the the facility has changed.

Um most recent uh change was an expansion in 2003.

Um we're at a point in our growth as an organization where we're outgrowing our current space, and so we want to expand our facility and renovate the the inside of our facility.

The only way to do that to the extent that we want, which is about 23, 2400 extra square feet on a 3600 square foot building is to change the zoning, because current zoning only allows a 10% increase.

So that is why we are proposing the zoning change.

Thank you.

Um the site as it exists now, um, the use is it's an animal shelter.

It has been yep for 96 years.

Okay, and the use would would remain unchanged after the untracked.

We're just looking to increase capacity and build the facility to the best practices in our animal welfare world.

Okay.

Commissioners, questions for the applicant.

Hearing none, I'm gonna ask if there's anyone in the audience who would like to speak in favor of or oppose of this application.

I did see a hand, sir.

If you could please step forward, uh my name is Lanny May.

I live with 540 Wyman or 3609, Toledo, Ohio.

Please raise your right hand.

Do you swear or affirm the testimony you're about to give will be true and accurate?

If so, say I do.

I do.

Thank you.

Sir, go ahead.

Um, I was reading the analysis, and they're a non-existent and non-conforming right now, and they want to change the zoning so they're more conformed and can add on.

If you've looked at the property, there's a house on Mercer that they will surround.

The streets, I see them walk the dogs down the street.

If you've heard about Wyman and Lease has been down the street, the edges are broken.

Their facility is even put a request in to engage Toledo.

It was on YouTube too.

Fix the roads.

They can't safely walk down there.

Those roads were from Adams Township when it was annexed in 1960.

They had not been improved for truck traffic.

We have tow trucks going down constantly, semis.

When I pulled out to go down here today, I pulled out behind a Kerrigan oil truck going down Wyman that used to have a 6,000-pound load limit to turn on South Street, so he could go down to integrity across their railroad tracks.

Now the state route to be used by trucks in the neighborhood was Westwood.

It's been ignored.

There's an auto parts type dealer at the corner that used to be the um forklift place.

They do a good job, they have uh trucks come down, car haulers and the unload, they do a good job.

The people with the tow trucks, they dropped the car in front of the house not long ago, completely off the hook.

There are parts thrown all along the side of the road, and two cars don't seem to be able to go down a road without running off the road, resulting in broken edges and everything else.

Now, if they want to change this zoning, that's a big step, and it opened up a whole world of what can go in there.

Should they not be there?

Now I don't want to shut them down.

It's a great place.

But I can remember I've been a resident there since the early 70s, and I've been the recipient of let's say a dozen dogs at least that are dropped off because when they go to the facility, they're either one closed, they have to make an appointment, or they get charged to drop off a dog or a cat.

That didn't happen when I first moved in.

Now when it changed, you don't know.

So as a result, they don't have the money.

And it still continues.

Pit bulls, people don't want them, they get rid of them.

And I don't see this being a good fix for their problem.

Maybe they should be looking at a larger facility that they can go to and be legal and not change the zoning in this neighborhood.

Because once it's done, it's done.

Now I understand from their financial records that they have a significant amount of money.

I'm not gonna tell them how to use it, but it's an endowment.

But if they're looking for the future of the dogs and the animals, the runs aren't good.

That much won't help.

You can see that in 2002, they added on, and now they're they're at the end, and now they want to change the zoning so they can do more.

Just got to be a posed.

Haven't been any since I moved in, and since it was annexed as Adams Township.

So if you can get the roads fixed, please.

I already put some more complaints in, but uh, yeah.

The only time I ever saw the police out with the load limit and the and the scales was probably the 80s, and they gave them a ticket.

The 6,000 pound load limit signs are gone.

The trucks that used that were the dump trucks, by the way, that cleared out the uh old Greens Pond across Burn Road.

Guess where they came down South Street, Wyman, and Mercer to get on to Burn.

And then they turned on Mercer down Wyman and out.

The bottleneck that's been created at Airport and Burn, everybody goes that way.

The neighbors are complaining, two semis are coming down the street.

He says, What happened?

I never had that.

And if you are ever in that neighborhood and go down there, you'll understand.

So that's it.

Thank you very much.

Is there anyone else?

Sir, you'll have a moment.

Is there anyone else in the audience?

Okay.

Lisa, did we get any calls, emails, or other correspondents that advanced today's hearing?

Um, we did.

We've actually had um four calls.

One was the gentleman you just heard from, another was in support.

Um, they'd like to see them the ability for them to expand.

And then we had two other calls that um while they're in support of what the existing shelter is, they do have a concern similar to Lanny that what that CR zoning means for their um neighborhood.

Should they not be there?

Um, the other person um also noted that he is the adjacent neighbor, and his concern was how their expansion might affect him because he is surrounded by it, and that um that there might be barking dogs that might be an issue, but he is supportive of what's currently there, just a concern that it wouldn't couldn't be in his words a kennel that um would potentially have barking dogs that would be obviously disruptive to him.

Thank you, sir.

Please step back forward.

I'm gonna give you a chance to respond.

I have a couple questions for you, but I'll get I'll give you a chance first.

Um, so here's the concern.

Obviously, as we analyze this case, this is this has nothing to do with your use.

Obviously, what you're doing is a good thing.

The question is whether CR zoning is appropriate to bring into this neighborhood, correct?

Because our concern, what we have to look at as the plan commission is if you leave, what else can go in there?

We're opening up a lot of potential uses to within the neighborhood, which is not something we traditionally do.

Um have you considered looking?

I see on the map, I see on the maps that the property to the rear of you that fronts burn, that that is vacant land.

Have you looked into potentially acquiring the land to the rear of you that runs along Burn Road?

Because that would be a more suitable site for a CR zoning than we have not.

Um and I understand the concern.

Um there's unfortunately there's no avenue between only ten percent increase in property size or facility size, which is negligible, three hundred and sixty square feet to what we're looking to do to improve it.

Um I understand gentleman's concerns.

Unfortunately, I wish he had showed up at our community forum to discuss it with us when we sent out sixty letters and only two people showed up.

Um and one was very much talking about the uh traffic.

Um I wanna address that the traffic is not ours.

Um we have car traffic, we have FedEx, UPS, occasional box trucks.

Uh we don't have semis, we don't have any of that tr traffic coming into our facility.

Um so that the truck the traffic he's speaking of, and I agree with him a hundred percent, um it's a it's can be a nuisance to the neighborhood.

Um I if there was another avenue for us to be able to improve our facility um and expand without having to go to this, I'm all for it.

Um as for the nonconforming use, um, as we've been there for 96 years and we change the org change the the facility and improve the facility, well the rules change on you.

And so because of the non-conforming use, and I understand in speaking with Lisa, regardless if we get approved or not, any expansion or renovation we do, we're not going to be permitted to have any additional outdoor exercise areas.

So that area that you see on the map that you have um on the corner of Mercer and Wyman cannot be used as an enclosed fenced in area.

Um we mitigate the noise by having uh solid six, seven foot fence, I'm not sure how tall they are, um, in the areas where our dogs do exercise.

Um with the number of dogs that we typically have out two and three, we have more dogs than that out in the neighborhood.

I mean, I could go on and on.

If there is a way for us to do this without the concern of, yeah, I don't want to s this property 50 years from now turning into a CVS or a you know, a gas station or uh anything else.

Um, but I think our history of there being there um our financial stability, um, which isn't just endowments, that's only a portion of what our our fine finances are.

Um our organization is willing to put in a million and a half of our own dollars into this project and still have plenty left over for you know the rainy day fund.

Um if there's an avenue I can explore, I'm all for it.

Um, but not being able to expand um limits us and therefore it limits the need in the community.

Um we get more uh and we're not alone, every organization in the greater Toledo area country for that matter, gets more requests for assistance for help than we're able to accommodate.

Um having a new facility uh increases our capacity, increases the health and well-being of the animals, and all those things that go for it in you know, best practices and animal welfare.

Thank you, sir.

And we and we empathize with your position.

We and we understand that what you're attempting to do here is is a good thing.

It's just potentially a bad fit with the location you've been in for you know 90 years.

Um I'm not aware, Lisa, you can correct me if I'm wrong, but there's really no other alternative.

They they cannot expand this use unless the zone is the zoning is changed.

They cannot.

The zoning code limits the expansion of a non conforming use, 10% legal non conforming use.

Okay.

Um my idea was to see if the land fronting burn is available for purchase.

You could always do your expansion behind your facility on that other parcel and pursue I think you'd you'd have a higher likelihood of success getting CR zoning on the the parcel that fronts burn.

Correct.

That would be that would be a complete rebuild.

Um, and that's not financially feasible, for us.

Not nor would it be the I mean who's gonna buy our property in a residential neighborhood that is a dog and cat rescue shelter.

Um so for us, the financial feasibility of that and the potential of getting what the property we believe is you know valued uh doesn't seem feasible to us at all.

There's no reason for us when we own the place free and clear not to put money into our own our own place.

Um if we were to relocate, it wouldn't be there.

I mean, it wouldn't make sense to relocate to that that location uh half a block away.

I'm just commissioners, any additional questions for the applicant.

Uh I do have an additional question, Mr.

Chair.

Um, as I'm looking at the the addition, um I was wondering do you have outdoor kennels today?

We have outdoor exercise areas.

Now yards.

Yards, but in the outdoor kennels, are the dogs stored there overnight?

No, no, no.

Okay.

No.

And if the plan, and unfortunately, on paper it looks terrible.

The the dog, the the rent of the expansion area, yeah, it says indoor outdoor kennels.

We're actually meeting with the with the uh architects next week because we've realized that that doesn't make sense in our uh in our climate um to have to have that.

And so we did a whole needs assessment with them, and that was kind of what came out of the needs assessment.

Now we're in the let's fine-tune the design and realize that those kennels that are on that, you know.

If you look at the paper on the left-hand side of it, uh, are all gonna be indoor kennels.

Okay.

The dogs go out with staff and volunteers.

They're not unattended, um, a couple few at a time if they play well together.

Uh, and so they're outside just as if you were taking your dog into your own yard.

Okay.

My my concern there was just um the noise.

Um, that could be 100% for the residents that are adjacent.

Yeah, no, that's not something we want to be.

We want to be good neighbors.

Um, and I think we've we've we've succeeded at that so far.

Anything else?

Okay.

Um at this time, uh, staff has recommended disapproval of the application.

I am gonna open the floor for a motion on this case Z26-0008.

Paul will make a motion for disapproval.

We have a first and a second to accept the staff's recommendation to disapprove of the zone change.

Um a vote in the affirmative is a vote of disapproval.

All those in favor of the disapproval say aye.

Aye.

Aye.

Any opposed?

Okay.

The disapproval carries unanimously that will go to city council on July 15th.

Um if this ultimately isn't approved, it does not prevent you from continuing to operate your site as it exists now.

Sure.

It just would not allow for the expansion in the in the method that you're seeking.

I understand.

Good luck to you, sir.

Thank you.

Case number five, please.

Item number five is case SUP 260011, special use permit for scrap and salvage facility.

At 4103 Lagrange Street, staff recommends approval for the following three reasons.

Scrap and salvage facility has been in operation north of the railroad tracks for over 20 years.

The conditions of approval ensure an adequate visual screen between the scrap and salvage facility and adjacent right to lay in residential uses and the conditions of approval enhance site safety of an existing business by bringing it closer into compliance with the zoning code.

Staff further recommends approval, subject to 45 conditions, which will be reflected in the minutes and not read into the record unless there's a requested I do so.

There's a revised staff report in your folders revisions include modifications to plan commission conditions on pages 514 and 515, and then on page 514, there's a typo that we'll remove from here.

Uh referencing so conditions 30 and 31 reference TMC 11080203H, that will be removed.

The condition will stay the same, just that reference to that code section will be removed.

Thank you, Ms.

Catrell.

Is the applicant present?

Sir, name and address, please.

Uh Troy Barman with Verdantis.

219 South Erie Street.

So they're uh 43604 representing our enamor recycling.

Thank you.

Sir, folks.

Matt Fisher from Marshall and Melhorn, 4Cate, 8th floor, representing RM Recycling and New Energy Property Jonkey Real Estate.

Thank you.

Sir, will you please raise your right hand, Mr.

Fisher?

You don't need to be sworn in.

Do you swear from the testimony you're about to give will be true and accurate?

If so, say I do.

I do.

Okay.

Big project.

Tell us about the project.

Alright.

Yeah, I'm uh like I said, I'm Troy Barman with uh Bernis representing RM Recycling, 4103 LaGrange.

Uh RM Recycling is a family-owned business with four locations in Northwest Ohio and Southeast Michigan.

Their total facility employs roughly 40 to 50.

Um they accept Ferris and non-ferris metals.

They bail or cut them down on site, and then they ship them off for off-site processing.

Uh they serve both commercial and private residents with recycling metals.

The facility does not shred or process the materials on site that is all done off-site.

The SUP amendment is for the addition of a new code storage building to be used for storage of non-ferris metals to add the existing trailer roll-off, trailer and roll off storage lot to the SUP, and to address comments from Plant Commission's recent site inspection from last year.

That we discussed some items with her.

Um the first item is a request for approval of waiver C to maintain the existing parking north of the building, which is within the 30-foot, which is within 30 foot of the right-of-way.

This parking outside of the facility's security fence is used by employees who arrive early to the facility.

I've spoken with Gary Stookie with traffic management, and he is not opposed to this main being maintained.

Um, if we revise the site plan to show uh 25 foot drive aisles in front of those spaces to allow for two-way traffic.

With that taking consideration, we respectfully request approval of the waiver of that uh of waiver C.

Did you want me to go through all five items first or did you want to discuss on the?

I want to identify all five items and then we'll we'll work through them.

Okay.

The second item is a request for approval of waiver E to maintain the existing asphalt grinding surface for the storage of empty trailers and roll-offs on the parcels south of the railroad tracks.

This lot is just under two acres and it is solely for the storage of their roll-offs and trailers.

Um paving of this two-acre lot would add substantial cost and is not financially feasible.

In addition to the asphalt pavement, an underground detention system would be required to meet the city of Toledo code.

We've worked with Plan Commission and traffic management with this SUP agreement amendment agreeing to close uh a drive on the grain street, narrow the drive on Detroit Avenue, install a type A buffer with trees, bushes, and a solid eight foot high fence along Detroit Avenue and along the residential properties south of this lot.

We have also held a neighborhood meeting regarding the SUP, and we respectfully request approval of this waiver to maintain the existing asphalt grindings trailer storage lot with the added landscape and screening along the residential properties.

The third item is a request for removal of comments 16 and 17 by soil and drainage services, which require cleaning, inspecting, and videoing of the sanitary sewer taps.

The proposed amendment you have in front of you is does not impact the existing building.

There's no new sanitary lines, no new sanitary services, and the sanitary service that's currently at the facility.

There's no issues with it.

So we don't see a real need for videoing and cleaning a system that they don't have any issues with.

The fourth item is a request for removal of item 31, which is a requirement for scrap piles to not be visible from the residential streets.

This requirement makes the feasibility in operation of the facility not possible.

In order to reduce those down to a height where you can't see them for those residential streets, currently those piles they range in size depending on when they can move the metals off site.

But they can get 15 20 foot tall, eight foot five high fence.

You will be able to see them over top of that.

And that's how they've been operating for 20 years.

They've had those piles there.

There's nothing new, no piles are going to get closer to the fence.

No piles are gonna get closer to the neighbors' properties.

Um we are in agree, we are agreeable with item 30, um, which limits the stockpiles within 100 feet of Detroit to be no higher than the fence line.

We are in agreement with that.

It's just item 31.

It seems to read that it's for the entire site, and that one to meet that one makes renting the uh the facility not uh not feasible.

Uh the final item that I have is request for removal item 40, um, which requires the updating of the existing poll sign to current city standards.

Um I talked to plant commission, ironically, that's next on your agenda as a text amendment or text uh modification, and we request to maintain the existing poll sign.

This is in keeping of other businesses and other signs down the grain street in the area that have poll signs.

So we restructural requests for removal of item 40.

Um we are in agreement with all other items in the plant commission staff report, and with that open up or like to address any questions you may have.

Thank you.

We will we will come back to the waivers and to these items you've requested in a moment.

Um, couple questions.

That this the southern lot, the lot that's the below the tracks.

Um, what's the primary purpose for that lot?

How is it utilized right now?

So that lot is currently being utilized for uh storage of trailers and roll-offs, and I should specify empty trailers, empty roll-offs.

So there's no product being stored there.

It's purely they drop a trailer there, they drop the roll off, and that's where they store the empties.

Um there's no material that goes on that on the south side of the tracks, all materials on the north side of the tracks.

And we're talking about potentially putting in a landscaping buffer along that southern boundary line.

Uh adjacent to the residential to the residential, not to the other industrial correct users.

Correct.

And so there's no materials stored on that southern site.

And so your concerns with the height is that the main site, which is on the other side of tracks, um, there's really no feasible way to lower all of the scrap piles to a level where they're not visible from those side streets.

Is that that's that's what we're issue?

Correct.

Now at one at one point or another, it's gonna the piles will it will be visible from those residential streets, correct?

Okay.

Um is there a curb, there is a curb cut to this site on Detroit Avenue, correct?

Correct, and that's used by the employees only.

Again, to get those those empty trailers in.

That's not that's not a uh that's not for customers.

And then on the grain or the main entrances.

Yes, and that's where that um that additional parking is to the front of the the fencing for the employees of the park.

Correct.

It's on the very north end of the parking lot.

Okay, a very north end of the building.

There's a small, about five space parking lot right there.

That again, they uh their employees who get there early, they use that.

Like I said, the they employ 30 to 40 people at the at the Toledo facility.

So they do use up the parking, all the parking in front of the building is used uh by their employees.

Uh the parking directly on the other side of that fence is used by the employees.

It's the parking behind the building, that is where their customers park.

Um, it leads them right into where the scales are that they can have the metal weighed.

Okay.

And when you when you talk to Gary about waiver C, did you did you speak to him about waiver E about paving that southern parking area?

Uh no, I did not.

Okay.

Okay.

Commissioners, other questions for the applicant?

Mr.

Chair, I have a question.

Mr.

Ball, go ahead.

Regarding item number 40 or request number 40, is outside uh just retaining the existing sign, is there a hardship associated with replacing the sign so that it's in conformance?

Um, no, I mean it's a it's a nice but it's a nice looking sign right now.

It is in compliance.

All right, it it looks similar to other ones on the area.

Okay, but it's purely it's it's one that you know it's it's a nice looking sign currently um and it matches the the neighborhood and yeah, so that's that's so that's the reason.

Okay, thank you.

Additional questions, commissioners?

I didn't need the next one.

While we're talking about the sign, uh I know we have the the next case which will give us which if if passed by council will give us some authority to to do some different things with these signs, but as it sits right now with that unpassed, we don't have any authority to waive that condition.

Uh we really don't, and I'm not actually sure that the tax amendment would still allow this sign anyway.

I'd have to look a little bit closer as as to the the building addition when the building additions occurred that that kind of thing.

Um the other option you have is to put a base on the sign to make it uh a monument sign and request a BCA waiver for the height.

That's that's a that's the way we've been that's a route we've been telling people to take when they want to keep their existing sign.

Yeah, so as the law exists right now, this body cannot grant you a waiver of that requirement.

Okay, okay.

I there's just nothing we can do about that.

Um if the law changes, then we could revisit it, but we have to decide based on what the law is right this minute.

So would they have to go to the BZA then for approval or if you wanted to if you wanted to change the sign to a monument sign and get a waiver as to the height, you could take that to the BZA?

Pull signs are prohibited.

Uh you'd have to add a base to it and then request the height waiver.

Okay.

Um, okay.

Uh before we get to the other waivers and other items, I'm gonna ask, is there anyone in the audience who would like to speak in favor of or opposed to this application?

Seeing none, Alex, did we get any calls, emails, or other correspondence in advance of today's hearing?

Yes, we did.

Um we received five calls from either people who live around there or people who work or own property.

Um was a general inquiry, the other four had concerns, uh, environmental concerns.

Um, most of them similar or the same to there's that table from the actual formal vision of environmental services complaints.

Um the only one that's not the same as those is I received a call yesterday from a neighbor complaining about uh vibrations from their operations.

She said it hasn't happened recently, but it it is a thing that happens.

So, say that one more time.

Vibrations, vibrations.

Okay, thanks.

And there are there's a large amount of industrial users surrounding these residential neighborhoods, correct?

Yeah, okay.

So what we're gonna do is there's a lot of waivers on this case.

We're gonna start working through these one by one, even some of the ones we haven't discussed yet.

And so I want to start with uh the first requested waiver, which is to allow the scrap and salvage operations within a hundred feet of Detroit Avenue.

Staff has recommended approval of that waiver, subject to no scrap pile at any time, shall exceed the height of the screen fence along North Detroit.

And you are in agreement with that restriction.

Yes.

Okay.

So commissioners, uh, do I have a motion to um recommend that waiver to council?

Motion for approval recommendation, seconded.

We have a first and a second to approve the first waiver of 1104 2701.

All those in favor say aye.

Aye.

Any opposed?

Okay, so that waiver has been will be recommended to council.

The next one is for section 1104 2701 as well, and this is to allow uh the scrap and salvage operations and empty dumpster storage within 100 feet of the residential area.

So this would fall on that southern the parcel south of the railroad tracks.

Correct.

So you'd be able to use the site up to the landscape buffer essentially.

Correct.

And you're in agreement with that?

Correct.

Okay.

Uh the issue you're gonna have is is part two.

One of the conditions is no scrap out any time shall be visible from Samson Street or Shelley Street.

So we're gonna need to talk about that issue.

When we say nothing will be visible, I mean what what do we what are we trying to prevent?

Like just in general, if anyone's standing on Shelley Street, they cannot see any piles of scrap.

Right.

I mean, we get a lot of complaints from residents nearby these types of facilities.

You're you can see the scrap, you can see the large piles of scrap from their their backyards or or whatever.

It's kind of the unfortunate consequence of having industrial in the middle of a residential neighborhood.

You know, it there needs to be some control, some protection of the neighbors, but the intent was not to see the pile above the fence.

And what's also challenging is in this case, it's really we have a small residential use surrounded by industrial uses.

Fair point, yeah.

I if I may, I'm wondering if a compromise there might be to extend the length of the landscape and fence the buff the type A buffer just one more parcel further in either direction of the street.

That way you're prohibiting the views from the backyards of those residential properties as well as from the side in the front yards.

This buffer would be trees, right?

It'd be trees and fence and fence.

So I mean the trees would block out some of those sites.

Yeah.

And initially, if if I may, initially, we did have the buffer adjacent to all the residential properties.

Well, the one furthest to the east, it's actually um there's uh one industrial lot buffer between us and the residential um parcel.

And Planning Commission asked us if we could extend it all the way to the end of the property to the east, and we did do that.

So we extended all the way to the end of our property, going to the east, and then to the west, we went uh to the uh residential properties to buffer them.

And you know, the 10 the type A butt landscape buffer, it's a 10-foot landscape strip with trees and bushes, and then the eight-foot fence um at the edge of the 10 foot buffer.

Like I said, if these scrap piles have been there, these these stockpiles have been there for 20 years, and we didn't have we we had a neighborhood meeting that was not a concern.

It doesn't sound like it was uh that there were cost plant commission with concerns about uh the stockpile heights uh with this amendment.

Um I think our and I've spent a good steward in the area.

I know the one person who came to the meeting, uh she talked to RM and said, Oh, yeah, my son's gonna be taking some metal over to your place uh probably tomorrow or the next day to recycle and earn a little bit extra money.

The goal of this would be to plant trees that grow higher than the fence, correct?

Correct, and the trees we have propose will grow 30 foot tall or so, 30-35 foot tall.

Okay.

Alex, do you mind talking about this condition for a few minutes and and what the staff's thought process was behind it?

I think Lisa um hit it pretty well on the head.

Um, I mean, we I actually did I know a site visit, and I went on uh Chalet Street is apparently how it's supposed to be pronounced, and Samson Street.

Um, and I did see scrap piles, and um, yeah.

So they're visible now.

They're visible now, yes, currently.

So if we if we don't grant this waiver, let's say that let's say this case does not move forward.

Is that non-conforming or is it conforming under their current standards?

So a lot of this site was expanded in 2005, I think, after the special use permit requirement, and there has not been a special use permit.

For the buildings, for for the use for the use, the entire use.

There is a small section that is grandfathered, but most of the site is not, based on their research.

So it's generally non-conforming.

Generally.

It's been an issue we've talked about back and forth with the staff for a very long time about how to address the homes are right there on top of it.

So that's our concern.

Thank you.

Mr.

Chairman, if I may ask a question just for clarification.

So this site has been operating as a scrapyard.

That is a permitted use in a zoning classification, isn't it?

Permitted by special use permit.

Okay, thank you.

And it at one point did receive a special use permit back in 2005?

No.

Did not?

Okay.

But so the current use would have been grandfathered in, but it it's been expanded.

Is that the is that the issue here?

Yeah, so it looks like in it was in 2004 when the special use permit requirement was put in.

Um at that time, the facility was somewhere just around here, but in 2005, uh, that's when they purchased all the land up to about here, and then they expanded here.

So yeah, that this is the only part that is grandfathered as far as our research shows.

Okay, so absent the special use permit, a majority of their site isn't is is not legally non-conforming.

It is just it is improper in its current form.

Correct.

Okay.

All right.

So at this time, commissioners, um I'll open it up if anyone would like to make a motion or make an amendment to this to this condition to remove the the no-scrap how at any time shall be visible from Samson Street or or Shaley Street.

Chalet Street.

Chillet Street.

Okay.

Mr.

Chairman.

Yes, Mr.

Grossweiler.

Did they agree to to extend the trees down along the residential area?

From what I understand that they are going to have that full landscape buffer along all the residential areas, just yes, we agree to that.

Yes, we're landscaping that.

Uh we're landscaping, putting a type A buffer along Detroit.

Um so we've we've been working um with transportation and planning commission on making making an improvement to the site.

Um, remember this original SUP is for uh to add a little a small building, uh cold storage building.

Um, but you know, we do want to bring everything work with the city to bring these up.

Well, you have to.

Mr.

Chairman, I'll make a motion for a recommendation of approval.

To remove that that I'm gonna call it an exception to the waiver.

Okay, yeah.

Okay.

Is there a second?

Both seconds.

Okay, so what I'm gonna do is I'm gonna do a roll call vote on this.

So in the if you vote yay, you are agreeing to remove that exception from this waiver.

We're not voting on the waiver as a whole yet.

Uh Ms.

Cattrell, will you call the roll?

Rachel Marmony.

Yay.

Brandon Raykoff?

Yay.

Chris Paul?

Yeah.

Eric Rossweiler.

Yeah.

All right, and just for the record, we're gonna work.

That's the same condition as in item 31.

31.

So 31 will also be uh removed.

So now we're gonna vote on the waiver as a whole with the commitment to still install the landscape buffer.

Okay, so this would allow um would allow them to be within 100 feet of a residential use.

So waiver B, a waiver of 1104.202701.

Um I'll accept a motion on the waiver.

I'll second it.

We have a first and a second to approve the waiver.

All those in favor say aye.

Aye.

Any opposed?

Nay.

Okay.

Three to one.

Uh that that waiver will be recommended to council.

Okay.

Um waiver C.

So staff recommends disapproval of this.

This is that exterior parking area along the range.

Um I don't know if we can put the map up.

Alex, can you can you identify what we're on the map what we're actually talking about here?

Yes.

So this is um right here.

There's a little area.

This part is grandfathered, but this area was expanded without without approvals.

Okay, and that's with that is that inside the fence line or outside the fence?

That's outside their security fence, and it's for some of their early employees uh park there for access to the building.

Okay, like I said, it's it's purely an all em only employees park outside the fence line.

So that's all employee parking in the front.

Alex, how many spots are we talking about that from the grand the grandfathered area to the non-grandfathered area?

I don't know how many are currently there.

I know on this proposal they'd make some changes.

If they were granted this waiver, there would be what is that five spaces, Troy?

Correct.

We'd we'd maintain five spaces in that area.

Do you have any idea how many of those are part of the grandfathered section and what's the expansion?

Is that the whole five, or is that so the five is just the non-grandfathered section?

These angled spots are grandfathered.

Okay, Lisa.

Is it is this a is this our condition or was this Gary's condition originally?

I believe this is our condition, Alex.

If you could I believe this was our condition.

So if we don't grant that if we don't recommend this waiver, they're gonna have to move those five spots.

They're gonna have to develop the parking elsewhere.

They're gonna have to move more parking towards behind the fence, or they could readjust where the fence is if they wanted to.

Although, actually, in theory, we've removed the parking minimum, so we really wouldn't require them to replace the parking.

Um, commissioners, any qu any other questions on this waiver?

Uh, open this up for a motion.

I will make a motion for disapproval.

I'll second that.

It's just five parking spots.

Um, Lisa, let's go ahead and call a roll call vote.

Rachel Romani, yay.

Grandma Racoff.

So yay, meaning disapproval.

Yay.

Chris Wall.

Yay.

Eric Rosweiler.

Okay.

So that waiver will not be recommended to council.

You may still discuss it with them, but it'll go without our recommendation.

Okay.

So we're gonna go to waiver D uh to approve the dirt or gravel portions of the north of the site north of the railroad tracks where the heaviest equipment is used, and the staff has recommended approval of that waiver.

Are there any questions on that waiver from the commissioners?

I'll make a motion for approval of the waiver.

I'll second that.

Uh we have a first and a second to approve waiver D.

All those in favor say aye.

Aye.

Is there any opposed?

Okay, so that one will be recommended to council four to not four to zero.

Uh the final waiver is waiver E, which is uh to allow the grindings to remain on that southern strip south of the railroad tracks where the trucks and the and the trailers are stored.

Uh the staff has recommended disapproval.

Um, questions and comments on this request.

My major concern with it is the dust that might be generated for the residential neighbors.

It is asphalt grindings, which is considered a dust free type of surface.

Um they do maintain it as a as a gravel, as a um asphalt grindings, as opposed to like a 304 304 type of a material which does create dust, the asphalt grindings because it still has some asphalt on it, does not create the dust that you typically would see.

But the purpose of this southern lot is essentially truck and trailer parking.

Uh no, it's it's purely trailer and roll offs.

Uh no no trucks.

So it's in it's so it doesn't get a whole lot of use.

Um it's limited use, it's storage of their other trailers and um the trucks have to bring those trailers on to the site.

Yeah, so they do go in there and pick them up.

Um, you know, we have had projects in other places in Tal where we've put in asphalt grinding trailer uh lots.

Okay.

Alex, was this our condition or did this one come from transportation?

Um, double check that for you.

This one might have come from transportation.

Transportation usually asks us to require these paved areas.

So you usually it it's it is from transportation, yes.

Yeah.

And you did not talk to Gary about that I did not bring us.

I apologize for that one.

Okay.

Um any other questions, commissioners?

At this time, I'll accept a motion on this waiver E.

Staff is recommending disapproval.

Well, we'll make a motion for disapproval.

Okay.

We have a first and a second to disapprove the request for waiver E.

Uh, all those in favor say aye.

Aye.

Any opposed?

No.

Nay.

So that'll go three to one to council with a recommendation not to grant the waiver.

You may still discuss it with them when you have your your case.

So I think the next the only items left are items 16 and 17.

Uh, cleaning cleaning and inspecting the sewer lines and uh recording their condition after the clean out.

Um we've had this before before us, so I'll leave it up to the commissioners whether they want to vote to remove or leave this condition in.

Should I make a motion to leave the condition in?

Someone's got to make a motion to remove them essentially.

So if if you want to leave them in, then you wouldn't make a motion, okay.

Hearing none, those conditions will remain part of the application.

Okay, and we address 40, which we are not able to waive at this time.

Uh correct.

I'm not certain on whether council can or not, but we cannot.

So is there is there anything else that we haven't addressed yet that you wanted to address today?

Uh no.

I think leave you addressed everything in uh of that before you have so.

So at this time I'm gonna accept a motion on the case as a whole as we've with with the recommended waivers and as we've amended it.

Uh this is SUP 26-0011.

I'll accept a motion.

Staff has recommended this for approval.

Well, we'll make a motion.

Well, we'll make a motion to approve as amended.

I'll say that.

We have a first and a second to approve the application.

All those in favor say aye.

Aye.

Aye.

Any opposed?

So that'll go to city council in this form as we've discussed today with the with a recommendation for approval.