Label
Zoning & Planning Committee
Title
Granting an amendment to a Special Use Permit for an expansion of an existing used auto sales lot for a site located at 1108 Woodville Road, in the City of Toledo, Lucas County, Ohio; subject to certain conditions and waivers; declaring an emergency.
Body
SUMMARY & BACKGROUND:
By application (SUP-8002-16) filed with the City of Toledo Central Permit Center, a request for an amendment to a Special Use Permit for the expansion of an existing used auto sales lot for a site located at 1108 Woodville Road, in the City of Toledo, Lucas County, Ohio;, was submitted to the Toledo City Plan Commission for its review and recommendation.
On February 8, 2018, the Toledo City Plan Commission recommended approval for an amendment to a Special Use Permit for an expansion of an existing used auto sales lot for a site located at 1108 Woodville Road, in the City of Toledo, Lucas County, Ohio.
On March 14, 2018, Toledo City Council, Planning and Zoning Committee reviewed, and sent as approved an amendment to a Special Use Permit for an expansion of an existing used auto sales lot for a site located at 1108 Woodville 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 an amendment to a Special Use Permit for an expansion of an existing used auto sales lot for a site located at 1108 Woodville 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:
ADDRESS: 1048 WOODVILLE RD., TOLEDO, OHIO 43605
LOT NUMBER TWO (2) AND THAT PART OF LOT NUMBER THREE (3) in TIMM'S SUBDIVISION IN TOLEDO, LUCAS COUNTY, OHIO, DESCRIBED AS FOLLOWS:
ALL THAT PART OF SAID LOT NUMBER THREE (3) THAT LIES SOUTHWESTERLY OF A LINE ONE HUNDRED FIFTY-NINE AND TWENTY HUNDREDTHS (159.27) FEET SOUTHWESTERLY OF (MEASURED AT RIGHT ANGLES TO WOODVILLE STREET) AND PARALLEL TO WOODVILLE STREET AS LAID OUT IN 1947; SUBJECT TO LEGAL HIGHWAYS.
TD/PARCEL: 05-12131
ASSESSOR NO.: 07043028.Z
ADDRESS: 1050 WOODVILLE RD., TOLEDO, OH 43605
THE NORTHEAST 159.27 FEET OF LOT 3 IN TIMM'S SUBDIVISION, AS RECORDED IN PLAT VOLUME 34, PAGE 45, IN THE CITY OF TOLEDO, LUCAS COUNTY, OHIO
TD/PARCEL: 05-12137
ASSESSOR NO.: 07043029.Z
ADDRESS: 1054 WOODVILLE RD., TOLEDO, OH 43605
SITUATED IN THE CITY OF TOLEDO, COUNTY OF LUCAS, STATE OF OHIO, AND IS DESCRIBED AS FOLLOWS:
LOT 4 IN TIMM'S SUBDIVISION, AS RECORDED IN PLAT VOLUME 34, PAGE 45, IN THE CITY OF TOLEDO, LUCAS COUNTY, OHIO, EXCEPTING THEREFROM THE SOUTHEASTERLY 8 FEET THEREOF.
AND ALSO:
ALL THAT PART OF LOT 130 IN NAVARRE HIGHLANDS, AS RECORDED IN PLAT VOLUME 18, PAGE 23, IN THE CITY OF TOLEDO, LUCAS COUNTY, OHIO, THAT LIES NORTHWEST OF A LINE 32 FEET SOUTHEAST OF AND PARALLEL WITH THE NORTHWEST LINE OF LOT 4 IN TIMM'S SUBDIVISION IN THE CITY OF TOLEDO, LUCAS COUNTY, OHIO.
TD/PARCEL: 05-12141
ASSESSOR NO.: 07043030.Z
ADDRESS: 1056 WOODVILLE RD., TOLEDO, OH 43605
THE SOUTHEASTERLY EIGHT (8) FEET OF LOT NUMBER FOUR (4) AND THE NORTHWESTERLY TWENTY-NINE AND SEVENTY-ONE HUNDREDTHS (29.71) FEET OF LOT NUMBER FIVE (5) IN TIMM'S SUBDIVISION IN THE CITY OF TOLEDO, LUCAS COUNTY, OHIO
ALSO, ALL THAT PART OF LOT NUMBER ONE HUNDRED THIRTY (130) IN NAVARRE HIGHLANDS, AN ADDITION IN THE CITY OF TOLEDO, LUCAS COUNTY, OHIO, WHICH LIES NORTHWESTERLY OF A LINE THAT IS SIXTY-NINE AND SEVENTY-ONE HUNDREDTHS (69.71) FEET SOUTHEASTERLY OF AND PARALLEL WITH THE NORTHWESTERLY LINE OF LOT NUMBER 4 (4) IN TIMM'S SUBDIVISION AND SOUTHEASTERLY OF A LINE THAT IS THIRTY-TWO (32) FEET SOUTHEASTERLY OF THE NOETHWESTERLY LINE OF SAID LOT NUMBER FOUR (4) IN TIMM'S SUBDIVISION, ALL IN THE CITY OF TOLEDO, LUCAS COUNTY, OHIO
PARCEL NO. 05-12144
ASSESSOR NO. 07-043-031.Z
ADDRESS: 1108 WOODVILLE RD., TOLEDO, OH 43605
NAVARRE HIGHLANDS LOT 129 EXC ST & LOT 130 PT SE
OF A LINE 69.71 FT SE
PARCEL NO. 11-00761
ASSESSOR NO. 07-043-034
ZONING- RM36
SECTION 2. That the approval of the Special Use Permit for an amendment to a Special Use Permit for an expansion of an existing used auto sales lot for a site located at 1108 Woodville Road, in the City of Toledo, Lucas County, Ohio; shall be subject to compliance with the 33 conditions as follows:
The following thirty three (33) conditions are listed by agency of origin. Applicants are encouraged to contact each of the agencies to address compliance with their conditions.
Division of Engineering Services
1. A pre-submittal meeting is not required, however one may be requested. Contact information is as follows:
Division of Engineering Services: ph. 419-245-1315, fax 419-936-2850
Right-of-Way and Inspection: Joe Warnka 419-245-1341
Roadway: Tim Grosjean, ph. 419-245-1344
Water: Andrea Kroma, ph. 419-936-2163
Stormwater Drainage: Lorie Haslinger, 419-245-3221; Andy Stepnick, 419-245-1338
Sanitary Sewers: Mike Elling, ph. 419-936-2276
2. All existing substandard sidewalk, drive approaches, curb, and pedestrian curb ramps within the public right-of-way abutting the site shall be replaced/upgraded to conform to current City of Toledo Construction Standards, Specifications, Toledo Municipal Code, and Americans with Disabilities Act Guidelines.
3. 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.
4. 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.
5. Required permits for all approved work in the public right-of-way shall be obtained, before work begins, from One Stop Shop, (419) 245-1220.
Contact Joe Warnka at (419) 245-1341 for inspection of above mentioned items.
6. Plan commission submittal does not detail any revisions to the existing site that will require earth-disturbing activity of 2,500 or more square feet, nor are any changes shown to the existing storm sewer system. Therefore it appears that there are no items requiring a stormwater plan review. However, if revisions are made to the site plan that will result in earth-disturbing activity of 2,500 or more square feet or cause changes to the existing storm sewer, a full site plan review and approval will be required by the Division of Engineering Services. Plans will be subject to the rules and regulations of the City of Toledo, Stormwater Utility, including stormwater detention and post-construction stormwater BMPs as specified in the City of Toledo Infrastructure Design and Construction Requirements and the Ohio EPA NPDES General Stormwater Permit for Construction Activities.
Sewer & Drainage Services
7. All private sewer lines that are not being removed or properly abandoned (both storm & sanitary) be cleaned and inspected.
8. 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 Sewer & Drainage Services demonstrating the lines cleaning and integrity.
Fire Prevention
9. Site shall comply with local Fire Prevention Bureau regulations.
Division of Environmental Services
10. Applicant shall maintain compliance with the City of Toledo's Stormwater regulations as specified in the Toledo Municipal Code.
11. Applicant shall maintain compliance with Ohio EPA's General Stormwater NPDES permit programs.
12. Any green infrastructure measures that can be included to minimize runoff and increase infiltration are highly advisable.
13. Applicant shall maintain compliance with the City of Toledo's stormwater regulations as specified in the Toledo Municipal Code. Special attention must be paid to all potential stormwater impacts from the facility, including but not limited to long-term operation and maintenance of existing structural and non-structural Best Management Practices.
14. Applicant shall maintain compliance with the City of Toledo and State of Ohio's Air Quality Regulations applicable in the Toledo Municipal Code and the Ohio Administrative Code including, but not limited to the Anti-Noise Laws and Asbestos Abatement.
Division of Transportation
15. All unused drive approaches shall be completely removed. New curbs and sidewalks shall be installed in accordance with City of Toledo Construction Standards.
Plan Commission
16. The applicant shall install planting as outlined in the approved plans of SUP-5005-12, SUP-3002-13 & SUP-6017-13 or seek variances to applicable regulations which cannot be satisfied.
17. Applicant shall receive a waiver of TMC?1104.0301, the required fifty-foot (50') separation between any open display sales lot and a residential zoning district boundary line to allow a ten-foot (10') Type A Landscape Buffer with a six-foot (6') tall privacy fence.
18. Applicant shall receive a waiver of TMC?1108.0202, for a ten-foot (10') reduction of the fifteen (15') frontage greenbelt to allow a five-foot (5') frontage greenbelt.
19. Applicant shall receive a waiver of TMC?1108.0203, for a five-foot (5') reduction of the required ten-foot (10') Type A Landscape Buffer to allow a five-foot (5') Type A Landscape Buffer with a six-foot (6') tall privacy fence.
20. Dumpster location(s) shall be clearly defined, have a concrete pad and be surrounded by a solid wooden fence or a masonry screen enclosure with landscaping and shall not be located in any required setbacks or public right-of-way as stated in TMC?1361.10(b)(10) of the Building Code. (if applicable).
21. Elevated displays lifts or metal structures used in conjunction with the display of motor vehicles shall be permitted only within those areas specifically designated upon the Site Plan and shall not be allowed in any required front yard (TMC?1104.0302(A))(only applicable to expansion portion).
22. All vehicles on display must be parked in striped parking spaces that shall be designated on an approved Site Plan. Vehicle parking that deviates from the approved Site Plan shall not be permitted.
23. Repairs and services of vehicles shall be conducted wholly within an enclosed building permanently located on the site.
24. 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)).
25. Off-street parking and loading spaces, parking lots, maneuvering areas, 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 towards the interior of the parking lot.
26. If the existing sales buildings are rebuilt or modified in the future, the building design shall meet the requirements of TMC?1109.0500 Building Fa?ade Materials and Color. Exterior building materials shall not include concrete blocks, concrete panels or wood sheet goods as a predominant material. EIFS may not constitute more than 15% of the exterior for facades visible from the public right-of-way. The fa?ade colors shall be low-reflectance, subtle, neutral or earth tone colors.
27. No free-standing signs greater than forty-two inches from grade are permitted - proposed signage must meet the requirements of low-profile signs per Toledo Municipal Code Title Nine - Sign Code.
28. A detailed site, lighting, fencing and four (4) copies of a landscaping plan (separate from building & site plans) shall be submitted to the Plan Director for review and approval. Such plan shall include:
a. A five-foot (5') greenbelt is required along the Woodville Road and East Broadway Street frontages. The greenbelt shall include a solid evergreen hedge with a maximum height of forty-two inches (42") and one (1) tree per every thirty-foot (30') of frontage. Unacceptable as depicted on site plan. One (1) tree shall be installed for every thirty-foot (30') of frontage along the expansion portion of the site and shall be noted on revised site plan.
b. A Type A Landscape Buffer is required along the south of the property where the site abuts residential zoning. This buffer shall include five-feet (5') of landscaping with a solid wood privacy fence; acceptable as depicted on site plan.
c. A Type A Landscape Buffer is required along the east of the property where the site abuts residential zoning. This buffer shall include ten-feet (10') of landscaping and a solid wood privacy fence; unacceptable as depicted on site plan. Plantings shall be included within the ten-feet (10') of landscaping and shall be noted on revised site plan
d. All parking spaces must be within 100 linear feet of a landscaped area; acceptable as depicted on site plan.
e. Topsoil must be back filled to provide positive drainage of the landscape area.
f. 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.
g. 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, trees, shrubs, and landscape materials shall meet the standards included in TMC 1108.0400 Landscape Materials Standards.
h. If site is 1/2 acre or larger, landscaped areas must be irrigated as necessary to maintain required plant materials in good and healthy condition. Irrigation plans must be submitted with development plans and must contain all construction details.
i. The location, height and materials for any fencing to be installed and maintained; and
j. The location and direction of any proposed lighting (lights are to be directed away from adjacent residential properties).
29. A Bond of Performance or suitable assurance acceptable to the Division of Inspection valid for a period of two (2) years shall be posted with the Commissioner of Inspection providing for the installation of required landscaping within one (1) year. Landscaping shall be installed and maintained indefinitely.
30. 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.
31. Approval of the Special Use Permit will lapse after one (1) year if the criteria listed in TMC?1111.0707 have not been met.
32. 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.
33. 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. Waiving the following sections of the Toledo Municipal Code for the zoning maps attached to Part 11, Planning and Zoning, Toledo Municipal Code, for the property located at 1302 Linden Lane, in the City of Toledo, Lucas County, Ohio:
1104.0301 Location.
A 50-foot separation measured along the street frontage between any open display sales lot and a Residential district boundary line shall be maintained. This separation shall apply to both sides of a street and to intersecting streets on corner lots.
Approve a waiver of the required 50' Separation between any open display sales lot and a residential zoning district boundary line to allow a 10' Landscape Buffer with a 6' tall privacy fence.
Chapter 1108 Landscaping and Screening
Sec. 1108.0202 Frontage Greenbelt - B. Requirements
Frontage greenbelts shall be a minimum width of 15 feet.
Approve a waiver of 10' of the 15' frontage greenbelt, to allow a 5' frontage greenbelt.
Sec. 1108.0203 Buffer and Screening Requirements - E. Type A Landscape Buffer
Approve a waiver of 5' of the required 10' Type A Landscape Buffer, to allow a 5' Type A Landscape Buffer with 6' tall privacy fence along the rear of the property.
SECTION 4. 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 5. 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 _____, nays _____.
Passed: _________________, as an emergency measure: yeas _____, nays _____.
Attest: ________________________ __________________________________
Clerk of Council President of Council
Approved: _____________________ __________________________________
Mayor