Label
Zoning & Planning
0 S. Byrne Road Zone Change
Title
Changing the zoning maps attached to Part 11, Planning and Zoning, Toledo Municipal Code, for the property located at 0 S. Byrne Road, in the City of Toledo, Lucas County, Ohio; and declaring an emergency.
Body
SUMMARY & BACKGROUND:
An application (Z25-0002) for a proposed change in zoning for the property located at 0 S. Byrne Road, Toledo, Ohio, was submitted to the Toledo City Plan Commission for its review and recommendation.
On April 10, 2025, the Toledo City Plan Commission recommended disapproval of the request for a zone change from “RS6” Single-Dwelling Residential and “IL” Limited Industrial to “IG” General Industrial for the property located at 0 S. Byrne Road, Toledo, Ohio.
On May 14, 2025, the Toledo City Council Zoning and Planning Committee recommended approval of the request for a zone change from “RS6” Single-Dwelling Residential and “IL” Limited Industrial to “IG” General Industrial for the property located at 0 S. Byrne Road, Toledo, Ohio.
Summary
NOW THEREFORE Be it ordained by the Council of the City of Toledo:
SECTION 1. That the zoning maps attached to Part 11, Planning and Zoning, Toledo Municipal Code, are hereby authorized to be revised by changing the zoning district of that part of the City of Toledo more fully described as follows:
A parcel of land being part of Lot 1 and all of Lot 2 in Kott's Landing as recorded in Official Record 20230612-0018132, Lucas County, Ohio records, and part of the Southeast 1/4 of Section 7, Town 3, United States Reserve of Twelve Mile Square at the Foot of the Rapids of the Miami of Lake Erie, in the City of Toledo, Lucas County, Ohio said parcel of land being more particularly bounded and described as follows (all set iron rods mentioned in this description are 5/8 inch diameter topped with a surveyor's cap ORAVECZ PS 5439);
Commencing at a found 1 inch diameter iron rod in a monument box marking the Southeast Corner of the Southeast 1/4 of said Section 7;
thence North 00°-20'-48" East, along the along the East line of the Southeast 1/4 of said Section 7, said East line also being the centerline of Byrne Road (variable width right-of-way), a distance of 1989.58 feet to its intersection with the South line of Air Line Gardens, as recorded in Volume 38 of Plats, Page 37, Lucas County, Ohio records;
thence North 89°-06'-17" West, along the South line of Air Line Gardens, a distance of 235.41 feet to a found 3/8 inch diameter iron bar in a concrete monument marking the Southeast corner of Lot 42 Air Line Gardens, said Southeast also being the Northeast corner of Lot 2 Kott•, Landing, said monument marking the West right-of-way of Marine Drive (variable width right-of- way) and marking the point of BEGINNING of the hereinafter described 37.700 acre combined parcel;
The following 18 courses are along the East and South lines of Lot 2 Kott's Landing:
thence South 00°-20'-48" West, along the West right-of-way of Marine Drive, a distance of 134.01 feet, measured, 133.88 feet, deed, to a found aluminum plate monument marking the Northeast corner of a parcel of land now or formerly owned by Muhammad
H. Abushaban, as record in Official Record 20120118-0002575, Lucas County, Ohio records;
thence North 89°-06'-58" West, along the North line of Official Record 20120118- 0002575, a distance of 129.04 feet, measured, 128.93 feet, deed, to a found aluminum plate monument marking the Northwest corner of Official Record 20120118-0002575;
thence South 00°-07'-28" West, along the West line of Official Record 20120118- 0002575, a distance of 72.31 feet, measured, 72.09 feet, deed, to a found aluminum plate monument marking the Southwest comer of Official Record 20120118-0002575;
thence South 89°-11'-37" East, along the South line of Official Record 20120118- 0002575, a distance of 128.75 feet, measured, 128.93 feet, deed, to a found aluminum plate monument marking the Southeast corner of Official Record 20120118-0002575;
thence South 00°-20'-48" West, along the West right-of-way line of Marine Drive, a distance of 1.86 feet to a found aluminum plate monument;
thence South 46°-01'-47" East, along the West right-of-way line of Marine Drive, a distance of 131.79 feet to a found aluminum plate monument;
thence North 89°-06'-17" West, along the North line of a parcel of land now or formerly owned by Gardenia and Son, LLC, as recorded in Official Record 20190816-0032776, Lucas County, Ohio records, a distance of 95.40 feet to a found aluminum plate monument marking the Northwest corner of Official Record 20190816-0032776;
thence South 00°-21-00" West, along the West line of Official Record 20190816- 0032776, passing through a found 5/8 inch diameter iron rod at 9.39 feet for a total distance of 100.14 feet to a found aluminum plate monument marking the Southwest corner of official Record 20190816-0032776;
thence South 89°-06'-42" East, along the South line of Official Record 20190816- 0032776, a distance of 175.41 feet to a found aluminum plate monument marking the Southeast corner of Official Record 20190816-0032776;
thence South 00°-20'-48" West, along the West right-of-way line of Byrne Road, a distance of 10.00 feet to a found aluminum plate monument;
thence South 89°-06'-52" East, along the West right-of-way line of Byrne Road, a distance of 10.00 feet to a found aluminum plate monument;
thence South 00°-20'-48" West, along the West right-of-way line of Byrne Road, a distance of 50.00 feet to a found aluminum plate monument;
thence South 89°-06'-52" East, along the West right-of-way line of Byrne Road, a distance of 5.00 feet to a found aluminum plate monument;
thence South 00°-20'-48" West, a distance of 140.53 feet, measured, 140.40 feet, deed, to a found aluminum plate monument marking the Northeast comer of a parcel of land now or formerly owned by the Lucas County Metropolitan Housing Authority, as recorded in Official Record 20030529-0018467, Lucas County, Ohio records;
thence North 88°-41'-54" West, along the North line of Official Record 20030529- 0018467 and also along the North line of a parcel of land now or formerly owned by the Lucas County Metropolitan Housing Authority, as recorded in Official Record 20040130- 0007131, Lucas County, Ohio records, for a total distance of 274.48 feet to a found aluminum plate monument marking the Northwest comer of Official Record 20040130- 0007131;
thence South 00°-37'-34" West, along the West line of Official Record 20040130- 0007131, a distance of 61.77 feet to a found aluminum plate monument marking the Southwest corner of Official Record 20040130-0007131;
thence North 89°-03'-58" West, along the North line of a parcel of land now or formerly owned by Laverne Curtice, as recorded in Official Record 20131001-0052046, Lucas County, Ohio records, said line also being the North line of the South 1/2 of the Southeast 1/4 of said Section 7, a distance of 128.67 feet to a found aluminum plate monument;
thence continuing North 89°-03'-58" West, along the North line of the South 1/2 of the Southeast 1/4 of said Section 7, a distance of 26.60 feet to a found aluminum plate monument marking the intersection of the North line of the South 1/2 of the Southeast 1/4 of said Section 7 with a line that is 475.00 feet by rectangular
measurement West of and parallel to the East line of the Southeast 1/4 of said Section 7;
thence continuing North 89°-03'-58" West, along the North line of the South 1/2 of the Southeast 1/4 of said Section 7, a distance of 794.16 feet to a found 6 Inch diameter concrete monument with a 5/8 inch diameter iron rod with a Surveyors Cap "ORAVECZ PS 5439" marking the Northeast corner of said parcel now or formerly owned by EMkott, Ltd., recorded as Parcel 3 of Official Record 20220309-0011302, Lucas County, Ohio records;
thence continuing North 89°-03'-58" West, along the North line of the South 1/2 of the Southeast 1/4 of said Section 7, a distance of 313.91 feet to an iron rod set;
thence South 72°-10'-51" West, a distance of 85.13 feet to an iron rod set;
thence South 77°-41'-30" West, a distance of 38.78 feet to an iron rod set;
thence South 75°-01'-23" West, a distance of 73.21 feet to an iron rod set;
thence South 69°-31'-46" West, a distance of 61.04 feet to an iron rod set;
thence South 62°-06'-44" West, a distance of 62.93 feet to an iron rod set;
thence South 63°-31'-54" West, a distance of 116.26 feet to an iron rod set marking the intersection with the East line of the West 1/2 of the Southwest 1/4 of the Southeast 1/4 of said Section 7;
thence North 00°-28'-43" East, along the East line of the West 1/2 of the Southwest 1/4 of the Southeast 1/4 of said Section 7, said East line also being the West line of said Parcel 3 of Official Record 20220309-0011302, said East line also being the East line of a parcel of land now or formerly owned by Rocky Ridge Development, LLC, as recorded in Official Record 20240327-0009276, Lucas County, Ohio records, a distance of 166.02 feet to a found 6 Inch diameter concrete monument with a 5/8 inch diameter iron rod with a Surveyors Cap "ORAVECZ PS 5439";
thence North 89°-03'-58" West, along the North line of the South 1/2 of the Southeast 1/4 of said Section 7, said North line also being the South line of Lot 1 Kott's Landing and also being the North line of said parcel recorded as Official Record 20240327- 0009276, a distance of 662.14 feet to a found aluminum plate monument marking the Northwest corner of the Southwest 1/4 of the Southeast 1/4 of said Section 7 and also marking the Northwest corner of said parcel recorded in Official Record 20240327- 0009276;
thence North 00°-31'-21" East, along the West line of the Southeast 1/4 of said Section 7, said West line also being the West line of Lot 1 Kott's Landing, a distance of 656.78 feet to a found aluminum plate monument marking the Southwest corner of Air Line Gardens;
thence South 89°-06'-17" East, along the South line of Air Line Gardens, said South line also being the North line of Lot 1 and 2 Kott's Landing, passing through an iron rod set at 2171.52 feet, marking the North common corner between Lots 1 and 2 Kott's Landing, for a total a distance of 2411.13 feet to the point of BEGINNING.
Containing 37.700 acres of land, more or less, of which 4.251 acres lies within Parcel Number 20-05122, 32.792 acres lies within Parcel Number 20-05121 and 0.657 of an acre lies within Parcel Number 20-05134 and is subject to all legal easements, restrictions, leases of record and of records in respective utility offices and other conveyances, if any.
Prior Deed Reference: Official Record 20220309-0011302, Lucas County, Ohio records Record Plat of Kott's Landing, OR 20230612-0018132, Lucas County, Ohio records
The bearings hereon are based upon an assumed b aring of North 00°-20'-48" East for the East line of the Southeast 1/4 of said Section 7.
SECTION 2. The Secretary of the Toledo City Plan Commission is hereby authorized and directed to make the said change on the original zoning maps.
SECTION 3. 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