Label
Special Use Permit
1219 Warwick Ave.
Zoning & Planning Committee
Title
Granting a Special Use Permit, for expansion of a Day Care Center for a site located at 1219 Warwick Avenue, in the City of Toledo, Lucas County, Ohio; subject to certain conditions; and declaring an emergency.
Body
SUMMARY & BACKGROUND:
By application (SUP-6001-24) filed with the City of Toledo Central Permit Center, a request for a Special Use Permit for expansion of a Day Care Center for a site located at 1219 Warwick Avenue, in the City of Toledo, Lucas County, Ohio; was submitted to the Toledo City Plan Commission for its review and recommendation.
On August 8, 2024, the Toledo City Plan Commission recommended approval for the request for a Special Use Permit for expansion of a Day Care Center for a site located at 1219 Warwick Avenue, in the City of Toledo, Lucas County, Ohio.
On September 10, 2024 Toledo City Council, Planning and Zoning Committee reviewed, and sent as approved a request for a Special Use Permit for expansion of a Day Care Center for a site located at 1219 Warwick Avenue, 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 expansion of a Day Care Center for a site located at 1219 Warwick 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:
NORWOOD EXTN LOT 802
SECTION 2. That the approval of the Special Use Permit for expansion of a Day Care Center for a site located at 1219 Warwick Avenue, in the City of Toledo, Lucas County, Ohio shall be subject to compliance with the 27 conditions as follows:
The following twenty-seven (27) conditions are listed by agency of origin. Applicants are encouraged to contact each of the agencies to address compliance with their conditions.
The following conditions are listed by agency of origin. Applicants are encouraged to contact each of the agencies to address compliance with their conditions.
Engineering Services
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.
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.
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.
No stormwater engineering conditions if the only hardscape is the basketball area shown. If other hardscape is proposed, resubmit for additional review and comment.
Water Distribution
No comments or concerns.
Division of Sewer & Drainage Services
S&DS requires that all existing private sewer lines that are not being removed or properly abandoned (both storm & sanitary) be cleaned and inspected.
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.
Division of Environmental Services
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.
Applicant shall maintain compliance with Ohio EPA’s General Storm Water NPDES permit programs.
Applicant is strongly encouraged to install permanent inlet filters with oil absorbent pillow in parking lot catch basins to treat stormwater.
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.
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/odnr/discover-and-learn/%20plants-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/ alternatives_to_ ohio_invasive_plant_ species.pdf <https://www.oipc.info/uploads/5/8/6/5/58652481/%20alternatives_to_%20ohio_invasive_plant_%20species.pdf>
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.
Bureau of Fire Prevention
No comments or concerns.
Division of Transportation
Sidewalk is required to be extended along Pelee Street to the south property line per TMC 1107.1300.
Wheel stops are required at all parking spots abutting property lines, sidewalks, buildings and planting strips per TMC 1107.1907.
Plan Commission
Off-street parking shall be provided pursuant to Off-Street Parking Schedule “A,” (TMC§1107.0304). A total of seven (7) parking spaces are required for this site. The submitted site plan shows seven (7) parking spaces. Acceptable as depicted.
Required spaces for persons with disabilities must be identified with signs and pavement markings identifying them as reserved for persons with disabilities. Signs must be posted directly in front of the parking space at a height of no less than 60 inches and no more than 72 inches above pavement level. Acceptable as depicted on site plan.
Bicycle parking slots shall be provided pursuant to Off-Street Parking Schedule “A,” (TMC§1107.0300). Minimum number of bicycle parking slots required is two (2). Acceptable as depicted on site plan.
At least one (1) main entrance of any commercial, mixed-use, or institutional building shall face and open directly onto a five-foot (5’) wide connecting walkway to the street sidewalk without requiring pedestrians to walk around buildings or around parking lot outlines which are not aligned to a logical route. Acceptable as depicted on site plan.
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 or to a stormwater treatment facility subject to the regulations and approval of the Department of Public Utilities.
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 the public right-of-way.
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 fifteen-foot (15’) buffer of landscaped frontage greenbelt is required along Dorr Street. At least one tree must be provided for every 30 feet of lot frontage. The frontage greenbelt shall also include a solid evergreen hedge to screen parking in the front of the property and prevent headlights from being seen from the right-of-way. Acceptable as depicted on site/landscaping plan.
A five-foot six-inch (5’6”) buffer of landscaped frontage is required along Warwick Avenue. At least one tree must be provided for every 30 feet of lot frontage. A total of six (6) trees are required along Warwick Avenue on this site. Not acceptable as depicted. An additional tree is required and shall be shown on a revised landscaping plan.
A five-foot six-inch (5’6”) buffer of landscaped frontage is required along Pelee Street. At least one tree must be provided for every 30 feet of lot frontage. A total of two (2) trees are required along Pelee Street on this site. Not acceptable as depicted. An additional tree is required and shall be shown on a revised landscaping plan.
A Type A landscape buffer is required along the northern property line abutting 2345 Dorr Street (Parcel# 11-31094). With a solid fence, one (1) tree and five (5) shrubs are required for this site. Not acceptable as depicted. One (1) tree and five (5) shrubs are required and shall be shown on a revised landscaping plan.
A Type B landscape buffer is required along the southern property line. Five (5) trees and eighteen (18) shrubs are required. Not acceptable as depicted. An additional tree and eighteen (18) shrubs are required and shall be shown on a revised landscaping plan.
Topsoil must be back filled to provide positive drainage of the landscape areas.
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.
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.
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;
The location, height and materials for any fencing to be installed and maintained.
The location of any proposed lighting (lights are to be directed away from adjacent residential properties).
Unless a BZA waiver is granted, fences shall not exceed 3½ feet in the front yards along Dorr Street and Warwick Avenue. Not acceptable as depicted. Staff recommends applicant obtain a BZA waiver to allow fences to exceed 3½ feet after a twenty-foot (20’) setback along Warwick Avenue (the required front yard).
The proposed replacement sign shall be compliant with the new sign code. Sign does not need to meet previous condition requiring a low-profile 42” sign. It must instead be compliant with the new sign code.
Applicant shall obtain appropriate sign permits for proposed signage.
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.
Approval of the Special Use Permit will lapse after one (1) year if the criteria listed in TMC§1111.0707 have not been met.
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.
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 10, nays 0.
Passed: September 25, 2024, as an emergency measure: yeas 10, nays 0.
Attest:
Julie A. Gibbons Carrie Hartman
Clerk of Council President of Council
Approved: September 25, 2024
Wade Kapszukiewicz
Mayor