Label
Special Use Permit 130 New Towne Square Dr.
Zoning & Planning Committee
12/10/2024
Title
Granting a Special Use Permit, for used auto sales for a site located at 130 New Towne Square Drive, in the City of Toledo, Lucas County, Ohio; subject to certain conditions; and declaring an emergency.
Body
SUMMARY & BACKGROUND:
By application (SUP24-00093) filed with the City of Toledo Central Permit Center, a request for a Special Use Permit for used auto sales for a site located at 130 New Towne Square Drive, in the City of Toledo, Lucas County, Ohio; was submitted to the Toledo City Plan Commission for its review and recommendation.
On November 7, 2024, the Toledo City Plan Commission recommended approval for the request for a Special Use Permit for used auto sales for a site located at 130 New Towne Square Drive, in the City of Toledo, Lucas County, Ohio.
On December 10, 2024 Toledo City Council, Planning and Zoning Committee reviewed, and sent as approved a request for a Special Use Permit for used auto sales for a site located at 130 New Towne Square Drive, 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 used auto sales for a site located at 130 New Towne Square Drive, 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:
Being a part of Lot No. 4 in New Towne Square Plat, a Subdivision in the City of Toledo, Lucas County, Ohio, pursuant to the Plat thereof recorded in Volume 79 of Plats, page 51:
Beginning at an iron stake found set marking the Southwest corner of Lot No. 4 in New Towne Square Plat; thence along the West line of said Lot 34, N 00° 33’ 10” W, a distance of 210.02 feet (measured), 210.00 feet (plat) to an iron stake found set; thence continuing along said West line of Lot , ° 46’ 28” E, a distance of 210.92 feet (measured), 210.87 (plat) to an iron stake found set on the South right of way of New Towne Square Drive, (100 R/W), thence along said South line, S 80° 25’ 52” E, a distance of 169.36 feet (measured), to an iron stake found marking the Northwest corner of a tract of land previously conveyed by deed and recorded on Microfiche #87-526001 of the Lucas County Records; thence along the West line of said tract, S 00° 31’ 35” E, a distance of 326.02 feet (measured) to an iron stake found set on the North right of way line of Alexis Road; thence along said North line S 89° 28’ 10” W, a distance of 319.13 feet (measured) to a point of beginning and containing 2.2948 acres of land, more or less.
Subject to all legal highways.
Parcel No. 22-43426;
SECTION 2. That the approval of the Special Use Permit for used auto sales for a site located at 130 New Towne Square Drive, in the City of Toledo, Lucas County, Ohio shall be subject to compliance with the forty (40) conditions as follows:
The following forty (40) conditions are listed by agency of origin. Applicants are encouraged to contact each of the agencies to address compliance with their conditions.
Engineering Services
1. The City of Toledo public water system does not appear to be impacted by the project. Refer to comments provided by the Division of Water Distribution regarding private water mains and/or service lines.
2. A plan note states that the site might have detention through the metering of parking lot catch basins. Toledo does have calculations available to the applicant from 1992 for the detention provided on the surface of the parking lot at three existing catch basins.
Division of Environmental Services
3. 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.
4. Applicant shall maintain compliance with Ohio EPA’s General Storm Water NPDES permit programs.
5. Applicant is strongly encouraged to install permanent inlet filters with oil absorbent pillow in parking lot catch basins to treat stormwater.
6. 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.
7. 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>; 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>
8. 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
9. It appears that this building will undergo a change of use. This will require compliance with all applicable Building, Fire, Electrical, Mechanical and Plumbing code requirements. (OBC105.1 & 101.4)
10. Building construction plans to be submitted to the FD for review in addition to the Building Inspection Department plan submittal. (OFC104.2, OBC107.4.5)
11. Fire Department to be notified and present for all fire systems acceptance testing. (OFC 901.5)
12. A fire safety inspection is required prior to occupancy. (OFC105.3.3.2)
Division of Transportation
13. Accessible parking is required with an 8’ loading aisle for van and 5’ loading aisle for auto per TMC 1107.1700.
14. Accessible parking signage sizes are required to meet TMC 1107.1704.
15. Wheel stops are required at all property lines, sidewalks, planting strips and buildings per TMC 1107.1907.
16. Dimensions for all drive aisles and parking spots must be shown per TMC 1107.1911.
17. All driveways and drive aisles must be a minimum width of 25’ for two-way traffic per TMC 1107.1911.
18. The accessible parking spaces are required to be the closest parking space available to the accessible entrance with the shortest path of travel per TMC 1107.1703 and ADA (Americans with Disabilities Act).
19. All angled must be perpendicular parking with a 25’ drive aisle for two-way traffic per TMC 1107.1911.
20. If one does not already exist, a cross access agreement is required with adjacent property owner to the West.
Plan Commission
21. No elevated displays, lifts, or metal structures used in conjunction with the display of motor vehicles shall be permitted without an amendment to this Special Use Permit.
22. All used motor vehicles parked or displayed outdoors shall be operable and conform to Chapter 337, Safety and Equipment, of the Traffic Code.
23. Repairs and service of inoperable auto and RV motor vehicles shall be conducted wholly within the enclosed structure.
24. Used vehicle inventory shall only be displayed, parked or located within the outdoor display area defined on the site plan.
25. The existing four foot (4’) wooden fence between the structure and Alexis Road shall either be removed or have all parking/display spaces removed from within its enclosure. This shall be depicted on a revised site plan submitted to the Plan Director.
26. Off-street parking spaces for customers/employees shall be clearly delineated from spots within the outdoor display area. Not acceptable as depicted. A revised site plan shall be submitted to the Plan Director depicting a clear delineation between outdoor display area parking spots and customer/employee parking spots.
27. Off-street parking shall be provided pursuant to Off-Street Parking Schedule “A,” (TMC§1107.0304).
28. Accessible parking spaces shall be provided according to TMC§1107.1701. All accessible parking spaces must comply with the parking space dimension standards of TMC§1107.1702.
29. Accessible spaces may not be included within the outdoor display area. Not acceptable as depicted. A revised site plan shall be submitted to the Plan Director depicting no accessible parking spaces within the outdoor display area.
30. 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.
31. All drive aisle and parking spot dimensions shall be shown to be compliant with TMC§1107.1900 Design Standards. Not acceptable as depicted. A revised site plan shall be submitted to the Plan Director and Division of Traffic Management showing compliance with all design standards.
32. 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. Acceptable as depicted.
33. 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. Acceptable as depicted.
34. 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. A fifteen-foot (15’) buffer of landscaped frontage greenbelt is required along Alexis Road. 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 landscaping plan. Berm is a suitable substitute for the evergreen hedge.
b. A fifteen-foot (15’) buffer of landscaped frontage greenbelt is required along New Towne Square Drive. 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. Not acceptable as depicted. A revised landscaping plan shall be submitted to the Plan Director depicting a solid evergreen hedge within the frontage greenbelt along New Towne Square Road where the parking lot is visible.
c. Perimeter parking lot landscaping is required along the western property line. A minimum of one (1) canopy tree must be provided for each thirty linear feet (30’). Not acceptable as depicted. Fourteen (14) trees required. Existing trees on the abutting property may be credited for multiple trees per TMC§1108.0407. In order to count for tree credits, trees must have their species and caliper verified and depicted on a revised landscaping plan.
d. Perimeter parking lot landscaping is required along the eastern property line. A minimum of one (1) canopy tree must be provided for each thirty linear feet (30’). Not acceptable as depicted. Eleven (11) trees are required. Existing trees on the abutting property may be credited for multiple trees per TMC§1108.0407. In order to count for tree credits, trees must have their species and caliper verified and depicted on a revised landscaping plan.
e. Perimeter parking lot landscaping along the eastern and western property lines must contain continuous shrub plantings with a minimum height of eighteen inches (18”) when installed so as to achieve full screening at maturity. A revised landscaping plan shall be submitted to the Plan Director depicting continuous shrub plantings along both the eastern and western property lines. Western property line shrub plantings may be depicted on the adjacent property if permission is given by the adjacent property owner.
f. Topsoil must be back filled to provide positive drainage of the landscape areas.
g. 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.
h. 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.
i. All landscaped areas shall be provided with a readily available water supply in accordance with TMC§1108.0406 Irrigation/Watering. Water outlets (hose bibbs) shall be provided within one-hundred feet (100’) of all required plant material unless a subsurface irrigation system is used. Irrigation plans must be submitted with development plans and, in the case of a subsurface irrigation system, contain all construction details.
j. 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 shall be depicted. Trees, shrubs, and landscape materials shall meet the standards included in TMC 1108.0400 Landscape Materials Standards.
k. The location, height and materials for any fencing to be installed and maintained.
l. The location of any proposed lighting (lights are to be directed away from adjacent residential properties).
35. 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 Site Plan Review, 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. The existing nonconforming ground sign on Alexis Road shall be removed.
36. This site is within an -SO Shopping Center Sign Control Overlay. Per TMC§1103.0707(D), a maximum of two (2) building signs are permitted on this outlot. One (1) ground sign may be installed as an alternative and substitute to one (1) of the two (2) permitted building signs. Applicant shall obtain appropriate sign permits for any proposed signage.
37. 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.
38. Approval of the Special Use Permit will lapse after one (1) year if the criteria listed in TMC§1111.0707 have not been met.
39. 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.
40. 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