Label
Zoning & Planning Committee
Title
Granting a Special Use Permit for a used auto sales facility for a site located at 4660 and 4712 N. Detroit Avenue, in the City of Toledo, Lucas County, Ohio; subject to certain conditions; declaring an emergency.
Body
SUMMARY & BACKGROUND:
By application (SUP-10004-17) filed with the City of Toledo Central Permit Center, a request for a Special Use Permit for a used auto sales facility for a site located at 4660 and 4712 N. Detroit Avenue, in the City of Toledo, Lucas County, Ohio; was submitted to the Toledo City Plan Commission for its review and recommendation.
On December 7, 2017, the Toledo City Plan Commission recommended approval for a Special Use Permit for a used auto sales facility for a site located at 4660 and 4712 N. Detroit Avenue, in the City of Toledo, Lucas County, Ohio.
On January 10, 2018, Toledo City Council, Planning and Zoning Committee reviewed, and sent as approved a Special Use Permit for a used auto sales facility for a site located at 4660 and 4712 N. Detroit 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 a used auto sales facility for a site located at 4660 and 4712 N. Detroit 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:
PARCEL I: PART OF THE SOUTH 1/2 OF LOT NUMBER 1 IN SECTION 13, TOWN 9 SOUTH, RANGE 7 EAST, CITY OF TOLEDO, LUCAS COUNTY, OHIO
PARCEL II: SOUTHWESTERLY 75 FEET OF PART OF THE SOUTH 1/4 OF ORIGINAL LOT NUMBER 1 IN THE WEST 1/2 OF THE NORTHWEST 1/4 OF SECTION 13, TOWN 9 SOUTH, RANGE 7 EAST, IN THE CITY OF TOLEDO, LUCAS COUNTY, OHIO
SECTION 2. That the approval of the Special Use Permit for a used auto sales facility for a site located at 4660 and 4712 N. Detroit Avenue, in the City of Toledo, Lucas County, Ohio; shall be subject to compliance with the 36 conditions as follows:
The following thirty six (36) 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 and/or 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. Water service is available subject to the Rules and Regulations of the Department of Public Utilities.
7. All commercial properties are required to have approved backflow protection devices installed on the domestic water service and fire protection lines. Installation of the devices must be verified by the Division of Water Distribution and all devices must be registered with BSIonlinetracking.com at 800-414-4990. In the case of renovation, expansion, or modification projects, all existing backflow devices must be verified and registered. Where devices are missing, they shall be added. Contact the Division of Water Distribution (419-245-1395) to verify the backflow prevention requirements for this site.
8. The design professional and/or property owner shall submit written documentation to the Division of Water Distribution that no changes are being made to the existing water service, meter setting or backflow protection device and that these devices are properly installed, tested and in good working order. The City, at its discretion, has the authority to mandate the entire service, including meter and backflow prevention device, be brought into compliance with current City of Toledo standards.
9. Contact the City of Toledo Fire Prevention Bureau (419-245-1263) to verify the fire protection requirements for this site.
10. It is unclear from the Plan Commission submittal if the proposed work will entail earth-disturbing activity of 2,500 or more square feet or if there will be any changes to the existing storm sewer system. 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. (Reconstruction of the existing pavement does count towards earth disturbing activity.) 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
11. All private sewer lines that are not being removed or properly abandoned (both storm & sanitary) be cleaned and inspected.
12. All 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
13. Site shall comply with local Fire Prevention Bureau regulations.
Division of Environmental Services
14. Applicant shall maintain compliance with the City of Toledo's Stormwater regulations as specified in the Toledo Municipal Code.
15. Applicant shall maintain compliance with Ohio EPA's General Stormwater NPDES permit programs.
16. Any green infrastructure measures that can be included to minimize runoff and increase infiltration are highly advisable.
17. 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 sources of pollutant in the stormwater runoff, including but not limited to long-term operation and maintenance of all structural and non-structural Best Management Practices.
18. 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 Asbestos and the Anti-Noise Laws.
Division of Transportation
19. A 4' wide concrete sidewalk shall be provided along the perimeter of the business on N. Detroit Ave.; sidewalk must meet City of Toledo Construction Standards.
20. Only one drive shall be permitted to access the site. The north and south drives shall be closed and removed.
21. Existing unused drive approaches shall be completely removed and new curbs and sidewalk shall be installed in accordance with City of Toledo Construction Standards.
22. Stone areas are not permitted and all shall be surfaced with concrete, with bituminous asphalt, or other dust free material other than gravel or loose fill.
Plan Commission
23. All lots of the development site shall be combined into a single taxable parcel identification number.
24. Pursuant to TMC?1104.0308, 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; acceptable as depicted on site plan.
25. 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)); if applicable.
26. 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.
27. Repairs and services of vehicles shall be conducted wholly within an enclosed building permanently located on the site.
28. 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.
29. 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)).
30. If the sales building is 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.
31. 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.
32. 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 ten-foot (10') greenbelt is required along the Detroit Avenue frontage, and shall include one (1) tree for every thirty-foot (30') of frontage. Calculations conclude that a total of eight (8) trees are required in the frontage greenbelt. A continuous hedge or shrub row shall be installed in order to screen the parking lot and headlights from public view. Not acceptable as depicted on site plan. A revised landscaping plan shall be submitted depicting the additional two (2) trees.
b. 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; the proposed tree species, Aristocrat Pear or Pyrus Calleryana, is not an approved plant species for street trees. A native tree species shall be noted on revised landscaping plan.
c. 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.
d. Topsoil must be back filled to provide positive drainage of the landscape area.
e. 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.
f. The location, height and materials for any fencing to be installed and maintained; all new fencing shall conform to the accessory use standards of TMC?1105.0302 and shall be decorative aluminum tube or wrought iron; and
g. The location and direction of any proposed lighting (lights are to be directed away from adjacent residential properties).
33. 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.
34. Approval of the Special Use Permit will lapse after one (1) year if the criteria listed in TMC 1111.0707 have not been met.
35. 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.
36. 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