Label
Zoning & Planning
3026 Glendale Ave. SUP
Title
Granting a Special Use Permit for a Tobacco Shop for the property located at 3026 Glendale Avenue, in the City of Toledo, Lucas County, Ohio; subject to certain conditions and declaring an emergency.
Body
SUMMARY & BACKGROUND:
By application (SUP25-0122) filed with the City of Toledo Central Permit Center, a request for a Special Use Permit for a Tobacco Shop for the property located at 3026 Glendale Avenue, in the City of Toledo, Lucas County, Ohio; was submitted to the Toledo City Plan Commission for its review and recommendation.
On March 13, 2025, the Toledo City Plan Commission recommended approval for the request for granting a Special Use Permit for a Tobacco Shop for the property located at 3026 Glendale Avenue, in the City of Toledo, Lucas County, Ohio.
On April 16, 2025, the Toledo City Council Zoning and Planning Committee recommended disapproval for the request for granting a Special Use Permit for a Tobacco Shop for the property located at 3026 Glendale Avenue, in the City of Toledo, Lucas County, Ohio.
Summary
NOW THEREFORE Be it ordained by the Council of the City of Toledo:
SECTION 1. That granting a Special Use Permit for a Tobacco Shop for the property located at 3026 Glendale Avenue, 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:
HEARLEYS SUBDIVISION LOT 12 S 150 FT EXC S 5 FT
Parcel ID: 2069537
HEARLEYS SUBDIVISION LOT 11 S 150 FT EXC S 5 FT
Parcel ID: 2069534
HEARLEYS SUBDIVISION LOT 10 N 145 FT S 150 FT
Parcel ID: 2069531
HEARLEYS SUBDIVISION LOT 9 N 145 FT S 150 FT
Parcel ID: 2069527
SECTION 2. That the approval of the granting of a Special Use Permit for a Tobacco Shop for the property located at 3026 Glendale Avenue, in the City of Toledo, Lucas County, Ohio., be subject to compliance with the 15 conditions as follows:
The following fifteen (15) conditions listed by agency of origin. Applicants are encouraged to contact each of the agencies to address compliance with their conditions.
Fire Prevention
No conditions or concerns.
Transportation
1. All parking spaces must be a minimum of 9’x18’ including accessible parking spaces per TMC§1107.1911
Plan Commission
2. 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. No spacing violations found.
3. 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.
4. Pursuant TMC§1107.0400, the commercial tenant space requires one (1) parking space per 300 square feet of floor area. A total of nine (9) parking spaces are required for the tenant space. Acceptable as depicted on site plan.
5. 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.
6. Bicycle parking slots shall be provided pursuant to Off-Street Parking Schedule “B”
(TMC§1107.0400), which requires one (1) bicycle parking slot per ten (10) parking spaces. Not depicted on site plan, one (1) bike rack with two (2) slots shall be installed and shown on revised plans.
7. Dumpsters and trash receptacles serving commercial uses may not be located in Residential districts. Dumpsters and trash receptacles shall be screened with a minimum six-foot (6’) heigh wood fence pursuant to TMC§1108.0203(G). Not acceptable as existing on site. Dumpsters shall be screened and relocated from the residential district to the owner’s property. Acceptable as depicted on site plan.
8. Per TMC§1109.0204(A). At least one main entrance of any commercial building shall face and open directly onto a five-foot (5’) wide connecting walkway to the street sidewalk proving a logical route for pedestrians from the right of way. Acceptable as depicted.
9. 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)). Acceptable as existing on site.
10. A detailed site, lighting, fencing, and landscaping plan (separate from building & site plans) shall be submitted to the Plan Director for review and approval. Such plan shall include:
a. Eleven (11) trees or a solid evergreen hedge shall be installed and maintained in the front lawn area as a part of the Frontage Greenbelt requirements TMC§1108.0202
b. Foundation plantings shall be provided at all business entrances along the front of the building as required of TMC§1108.0205 - Interior Site Landscaping.
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. All landscape material must be properly maintained. No approved plant material shall be removed for any reason without being replaced with like kind, or without submitting a revised landscape plan to the Planning Director for review or approval;
f. 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;
g. The location and direction of any proposed lighting (lights are to be directed away from adjacent residential properties); and
h. The location, lighting and size of any signs.
11. Pursuant to TMC§1113.0700 Legal nonconforming signs, if the premises on which a legally nonconforming sign is located undergoes a Plan Commission review, including this Special Use Permit, any nonconforming signage on the premises shall be brought into full compliance with the Sign Code as a part of the review and approval process. A sign plan shall be submitted to the Plan Director for review and approval. Such plan shall depict the following:
a. The existing tenant sign shall be brought down in height to a maximum eight feet (8’) for a Medium profile ground sign, as permitted in the CN (Commercial Neighborhood) district.
b. Applicant shall obtain appropriate permits for any signage. Signage shall be in compliance with the provisions of TMC Chapter 1113 - Signs.
c. Window signage and similar obstructions may occupy up to 25% of the total cumulative window area along a building façade. Tenants in a multi-tenant space shall ensure window signage occupies no more than 25% of their total cumulative window area along a façade.
12. 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.
13. Approval of the Special Use Permit will lapse after one year if the criteria listed in TMC§1111.0707(A) have not been met.
14. 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.
15. 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 _____, nays _____.
Passed: _________________, as an emergency measure: yeas _____, nays _____.
Attest: ________________________ __________________________________
Clerk of Council President of Council
Approved: _____________________ __________________________________
Mayor
I hereby certify that the above is a true and correct copy of an Ordinance passed by Council ________________________.
Attest: ________________________
Clerk of Council