Plan commission against zoning change for proposed scrap and salvage yard

The Toledo-Lucas County Plan Commission has recommended that the city reject a zoning change request for a scrap and salvage facility in West Toledo.

The matter now goes to Toledo City Council’s Zoning and Planning Committee, then to city council for final review.

The applicant and owner of the property at 5439 Lewis Ave., Mo Dari of G1 Operations LLC, was seeking a zoning change from limited industrial to general industrial. The change would allow the 10.8-acre site to be used as a scrap and salvage facility.

He was also requesting a special-use permit for the facility because he wants to buy used vehicles, process them within the building onsite, and sell the parts via the applicant’s website. The site was previously occupied by light industrial uses, including semi-truck parking and storage.

The surrounding properties include apartments and Shantee Creek to the north; duplexes, single-family homes, and a warehouse to the east; mobile homes, heavy auto repair, and a day care center to the south; and a railroad and manufacturing and assembly facility to the west.

Previously, the plan commission recommended the city reject a May, 2022, zoning change request that would have allowed scrap and salvage operations at the location. Approval was granted for a landscape business and auto storage, but not for scrap and salvage because it is only permitted in a general industrial zoning district, and it also requires a special use permit.

A companion case was submitted with a special-use permit application for a zoning change from limited industrial to general industrial at the site. Because of surrounding residential and commercial uses, the plan commission recommended Thursday that the city reject the request.

There has been considerable opposition to the proposed scrap and salvage facility from residents living near the site.

In April, the applicant hosted a neighborhood meeting at the West Toledo Branch Library to discuss the request. It was attended by 18 neighbors and Councilman Theresa Morris, whose district includes the Lewis Avenue site.

They raised concerns about noise pollution, seepage of hazardous materials into nearby properties and Shantee Creek, exposure to dust and toxins, increased traffic, and wildlife nuisance issues. Some residents believed that the site is already being mismanaged and that intensifying the industrial zoning would only worsen existing issues.

The owner and a design consultant said all processing of the used vehicles would occur inside the building onsite, and the vehicles would be drained of hazardous materials by an environmental firm before reaching the property. Scrap-ready vehicles would be moved off-site within two weeks.

While conducting a site visit in the spring, plan commission staff saw several tow-away vehicles being stored on the property, which requires a special use permit the applicant did not have, “making this an illegal use associated with the site.”

At Thursday’s meeting, Matthew Lewandowski, an engineer representing the owner, said some of the neighbors’ concerns have been resolved, including the removal of a coyote den at the site.

“There were also concerns about environmental dust from the site. Much of it was due to a long-term construction project on Lewis Avenue. The contractor was leasing part of the yard for storage materials,” he said.

He also addressed misgivings about environmental contaminants coming off of vehicles and getting into the storm system.

“The plan commission asked if we would consider putting in environmental containment and catch basins to catch petroleum hydrocarbon products. The developers agreed to that,” Mr. Lewandowski said.

Scott Johnson, an attorney from Eastman and Smith who is representing the property owner, disputed the plan commission’s claim that their staff saw several tow-away vehicles being stored on the property, in violation of current use rules.

“One of the current businesses operating at this property buys vehicles, they bring them onto the site, and they sell the vehicles. We have a certificate of zoning compliance for that. That hasn’t changed,” Mr. Johnson said. “This is not a tow lot, not an impound yard, they are not handling tow-away vehicles. They’re handling their vehicles that they own that are brought to the site and resold. So we completely reject the suggestion that this is an illegal use.

“What the applicant wants to do is to be able to take the vehicles he owns, bring them into the building at the site, pull parts off of those vehicles, and sell the parts. That’s the only change that is going to happen,” said Mr. Johnson.

A plan commission staff member said the vehicles must be operable, and not towed. Otherwise, it’s an illegal use.

Several neighbors expressed their continued opposition to the requested zoning change.

James Alfaro, manager of the nearby Coleman Village motor home park, said several businesses are operating on the site, including a landscaping company and a towing company. He has concerns that if the zoning change to general industrial is approved, the owner could bring in more businesses that neighbors would not want.

“He could bring anything he wants into that facility at the drop of a hat if he gets the general industrial approval,” said Mr. Alfaro. “That is what is so frightening to the people who live in the community that I manage. I consider the disapproval by the plan commission a victory for us.”

Lindzey Reynolds, who lives across the street from the site, agreed.

“Changing the zoning allows for a lot of things. It’s hard to allow that, blindly trusting someone,” she said. “We are excited about the plan commission’s vote, but it’s not over because it still has to go before city council.”

Troy Hardin, who lives in a duplex across the street from the site, was also concerned about the businesses that could go in if the zoning change is approved.

“Giving them a carte blanche general industrial permit is scary to the residents. Are they going to open up a dirty scrap yard or nuclear storage? I’m looking at the future, home values, people’s health and happiness.”

The plan commission’s vote, he added, “is a step in the right direction.”

“The fight’s not over yet. The owner can always reapply in the future so we have to keep our guard up,” said Mr. Hardin.

Councilman Morris said after the plan commission meeting that she has been consistently opposed to the proposed zoning change.

“We are making various improvements in that area. We just had brand new construction on Lewis, and we have new businesses coming into the area,” said Ms. Morris. “We’re trying to make differences that really enhance our neighborhoods.

“While I don’t begrudge having this type of business, I have them all over my district. I don’t have them next to trailer parks, single-family homes, and apartment complexes,” Ms. Morris said. “Giving this business the change in use is wrong for this area.”