Label
SUP 135 S. Byrne
Tobacco Shop
Title
Granting a Special Use Permit, for a Tobacco Shop for a site located at 135 S. Byrne Road, in the City of Toledo, Lucas County, Ohio; subject to certain conditions; and declaring an emergency.
Body
SUMMARY & BACKGROUND:
By application (SUP-1019-24) filed with the City of Toledo Central Permit Center, a request for a Special Use Permit for a Tobacco Shop for a site located at 135 S. Byrne Road, in the City of Toledo, Lucas County, Ohio; was submitted to the Toledo City Plan Commission for its review and recommendation.
On September 12, 2024, the Toledo City Plan Commission recommended approval for the request for a Special Use Permit for a Tobacco Shop for a site located at 135 S. Byrne Road, in the City of Toledo, Lucas County, Ohio.
On October 15, 2024 Toledo City Council, Planning and Zoning Committee reviewed, and sent as approved a request for a Special Use Permit for a Tobacco Shop for a site located at 135 S. Byrne Road, in the City of Toledo, Lucas County, Ohio, and all other things required by law to be done, have been done.
Summary
NOW THEREFORE Be it ordained by the Council of the City of Toledo:
SECTION 1. That a Special Use Permit for a Tobacco Shop for a site located at 135 S. Byrne Road, in the City of Toledo, Lucas County, Ohio. be and the same is hereby approved, subject to the conditions contained in Section 2 hereof which must be complied with, as to the property more fully described as follows:
Parcel 0111037
LEGAL DESCRIPTION
ARCO INDUSTRIAL PARK SOUTH PLAT 2 Lot 15 except North 55 feet
SECTION 2. That the approval of the Special Use Permit for a tobacco shop for a site located at 135 S. Byrne Road, in the City of Toledo, Lucas County, Ohio shall be subject to compliance with the 35 conditions as follows:
The following thirty-five (35) conditions are listed by agency of origin. Applicants are encouraged to contact each of the agencies to address compliance with their conditions.
Engineering Services
1. All proposed sidewalk, drive approaches, curb, and pedestrian curb ramps within the public right-of-way shall be constructed in accordance with the City of Toledo Construction Standards, Specifications, Toledo Municipal Code, and Americans with Disabilities Act guidelines.
2. All commercial drive approaches, (along with the sidewalk through the drive) shall be constructed with 8" thick concrete per City of Toledo Construction Standards and Specifications. No curb shall be permitted in the right-of-way along either side of a drive approach. No horizontal curb cutting will be permitted to create a curb drop/opening. Existing drive approaches, including the curb drop, that will no longer be utilized shall be removed and restored with curb to match the adjacent curb.
3. Required permits for all approved work in the public right-of-way shall be obtained. before work begins, from 419-245-1347. The application can be obtained online at Toledo.oh.gov search: Right of Way opening permit.
Contact (419) 245-1341 for inspection of above-mentioned items.
Sewer & Drainage Services
4. S&DS requires that all existing private sewer lines that are not being removed or properly abandoned (both storm & sanitary) be cleaned and inspected.
5. S&DS requires that the existing private sanitary lines (after they have been cleaned) that are not being removed or properly abandoned be televised from the building (or private cleanout) to where they connect with the public sewer system if this has not been done in the past (2) two years. An electronic copy (DVD/memory stick) shall be provided to S&DS demonstrating the lines cleaning and integrity.
Environmental Services
6. Applicant shall maintain compliance with the City of Toledo’s Storm Water regulations as specified in the Toledo Municipal Code. Special attention must be paid to all potential storm water impacts from the modification of the site, including but not limited to long-term operation and maintenance of existing structural and non-structural Best Management Practices.
7. Applicant shall maintain compliance with Ohio EPA’s General Storm Water NPDES permit programs.
8. Applicant is strongly encouraged to include multiple green infra-structure measures to minimize runoff and increase infiltration, and to minimize amount of new and/or additional impervious surface on site.
9. Applicant is strongly encouraged to plant native, low maintenance and non-invasive trees, shrubs and perennials. Information is at https://ohiodnr.gov/wps/portal/gov/ odnr/discover-and-learn/plants-trees/invasive-plants <https://ohiodnr.gov/wps/portal/gov/%20odnr/ discover-and-learn/plants-trees/invasive-plants>; a list of invasive plants and alternative species can be downloaded from https://www.oipc.info/uploads /5/8/6/5/58652481/ <https://www.oipc.info/uploads%20/5/8/6/5/58652481/> alternatives_to_ohio_ invasive_plant_species.pdf https://www.oipc.info/uploads %20/5/8/6/5/58652481/alternatives_to_ohio_%20invasive_plant_species.pdf <https://www.oipc.info/uploads%20%20/5/8/6/5/58652481/alternatives_to_ohio_%20invasive_plant_species.pdf>
10. Applicant shall maintain compliance with the City of Toledo and the State of Ohio’s Air Quality Regulations applicable in the Toledo Municipal Code and the Ohio Administrative Code including, but not limited to the Asbestos and the Anti-Noise Laws.
Fire Prevention
11. It appears that this space will undergo a change of use. This will require compliance with all applicable Fire Sprinkler and Alarm, Building, Electrical, Mechanical and Plumbing code requirements.
12. Approved Premises identification is required.
13. Key box(s) for access to buildings and areas restricted by fences, gates, etc.
Transportation
14. Existing lighting foundations cannot be located in an accessible parking loading aisle that is required per TMC 1107.1702. (Lighting foundations must be shown on drawings.)
15. Accessible parking signage must be posted directly in front of the parking space at a height of no less than 60" and no more than 72" above pavement level per TMC 1107.1704.
16. Bicycle parking is required per TMC 1107.0900.
17. All parking and loading spaces, parking lots, maneuvering areas, drive aisles and driveways must be surfaced with concrete, asphalt or other dust free material per TMC 1107.1906, (Dirt and back fill where electrical lighting lines were installed is not adequate for parking and maneuvering areas.)
18. All required parking must be clearly shown and dimensioned accurately per TMC 1107.1911.
19. The accessible route from the accessible parking space to accessible entrance must be clearly shown and must comply with ADA (Americans with Disabilities Act).
20. ADA compliant ramp must be shown as part of the accessible route from accessible parking to the accessible entrance per ADA (Americans with Disabilities Act) (Nearest ramp is at the far end of complex.)
21. Dumpster access cannot be blocked by parking. (Dumpster must be located in a location that access will not be obstructed.)
22. If one has not been established, a cross access agreement is required with the adjacent property owner to the South or the combining of parcels is recommended by Traffic Management.
Plan Commission
23. A tobacco shop shall not be located within 500 feet of any of the following uses: school, public park, public library, child day care center, or other use established specifically for the activities of minors. One (1) spacing violation found. A school, the Autism Academy of Learning, is located ±225 feet from the tenant space at 110 Arco Drive.
24. The hours of operation of a tobacco shop shall be limited to 5:30 a.m. to 1 a.m., or other hours consistent with a liquor permit issued by the State of Ohio, as a condition of development approval.
25. Pursuant TMC§1107.0400, the commercial space requires one (1) parking space per 300 square feet of floor area. A total of fifty-three (53) parking spaces are required for the site’s building. Acceptable as depicted on site plan.
26. All spaces reserved for the use by persons with physical disabilities shall adhere to the standards outlined in TMC§1107.1700. A minimum of two (2) auto and one (1) van accessible parking spaces are required for use by persons with physical disabilities. Acceptable as depicted on site plan.
27. Bicycle parking slots shall be provided pursuant to Off-Street Parking Schedule “A” (TMC§1107.0300), which requires one (1) bicycle parking slot per ten (10) parking spaces. Not acceptable as depicted. A bike rack with 6 slots shall be shown on revised plans.
28. A detailed site, lighting, fencing and four (4) copies of a revised landscaping plan (separate from building & site plans) shall be submitted to the Plan Director for review
and approval. Such plan shall include:
a. Three trees are to be added to the existing eighty-foot (80’) frontage greenbelt, bringing the site closer in compliance with TMC§1108.0202, which requires one (1) tree per every thirty feet (30’) of frontage; not acceptable as depicted; applicant shall add three (3) trees along existing frontage greenbelt to a revised plan.
b. Per TMC§1108.0203 dumpsters are required to be screened on all sides with any combination of evergreen plantings, fence, or wall that is a minimum in height of six feet (6’). Not acceptable as depicted. Dumpster screening shall be shown on a revised plan. In addition, dumpster shall be moved to comply with Transportation’s condition #21.
c. Topsoil must be back filled to provide positive drainage of the landscape areas;
d. Landscaped areas may not contain bare soil, aggregated stone or decorative rock. Any ground area must be covered with hardwood mulch, grass or other vegetative ground coverage;
e. The location number, height, diameter and species of any materials to be planted and maintained, as well as the location and number of any existing trees to be retained;
f. The location and direction of any proposed lighting (lights are to be directed away from adjacent residential properties).
g. The location, lighting and size of any signs.
29. Off-street parking and loading spaces, parking lots, maneuvering aisles and driveways must be surfaced with concrete, bituminous asphalt, or other dust-free material other than gravel or loose fill, and be graded to drain all surface water toward the interior of the parking lot or to a stormwater treatment facility subject to the regulation’s approval of the
Department of Public Utilities (TMC§1107.1906).
30. Whenever a parking lot extends to a property line, sidewalk, planting strip, or building, a wheel stop device consisting of a concrete stop, a permanent concrete curb, an expanded sidewalk or other suitable restraint as approved by the Planning Director must be installed to prevent any part of a parked motor vehicle from extending beyond the property line, overhanging a pedestrian walkway, or sidewalk, or damaging any structure or landscaping (TMC§1107.1907(A)).
31. Any new signs shall meet the standards of TMC§1113, adopted April 10, 2024 via Ordinance O-166-24.
32. The Special Use Permit may be reviewed for compliance with the conditions of approval, negative secondary effects, and adherence to all requirements of the Toledo Municipal Code. If outstanding issues are found and not addressed the Special Use Permit may be
considered for revocation.
33. Approval of the Special Use Permit will lapse after one year if the criteria listed in TMC§1111.0707(A) have not been met.
34. Minor adjustments to the site plan that do not violate the above conditions, or the Toledo Municipal Code, may be reviewed and approved by the Director of the Toledo City Plan Commission.
35. No permits shall be issued until arrangements satisfactory to the Director of the City of Toledo Plan Commission have been made for compliance with the conditions as set forth above.
SECTION 3. That when the conditions contained herein above have been complied with, the Secretary of the Toledo City Plan Commission be and he is hereby directed to change the zoning maps to conform with the within Ordinance.
SECTION 4. That this Ordinance hereby is declared to be an emergency measure and shall be in force and effect from and after its passage. The reason for the emergency lies in the fact that same is necessary for the immediate preservation of the public peace, health, safety and property, and for the further reason that the Ordinance must be immediately effective in order to provide for the orderly regulation and use of the property and to protect the land value in the area.
Vote on emergency clause: yeas 12, nays 0.
Adopted: October 23, 2024, as an emergency measure: yeas 9, nays 3.
Attest:
Julie A. Gibbons Carrie Hartman
Clerk of Council President of Council
Approved: October 24, 2024
Wade Kapszukiewicz
Mayor