Label
SUP: 1501 N. Ontario Street
Zoning & Planning Committee
Title
Granting a Special Use Permit for a School for a site located at 1501 N. Ontario Street, in the City of Toledo, Lucas County, Ohio; subject to certain conditions and declaring an emergency.
Body
SUMMARY & BACKGROUND:
By application (SUP-4001-24) filed with the City of Toledo Central Permit Center, a request for a Special Use Permit for a school for a site located at 1501 N. Ontario Street, in the City of Toledo, Lucas County, Ohio; was submitted to the Toledo City Plan Commission for its review and recommendation.
On June 13, 2023, the Toledo City Plan Commission recommended approval for the request for granting a Special Use Permit for a school for a site located at 1501 N. Ontario Street, in the City of Toledo, Lucas County, Ohio;
On July 16, 2024 Toledo City Council, Planning and Zoning Committee reviewed, and recommended approval a Special Use Permit for a school for a site located at 1501 N. Ontario Street, 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 granting a Special Use Permit for a school for a site located at 1501 N. Ontario Street, 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 1: The Northwesterly 17 feet of Lot Number 112 and the Southeasterly 25 feet of Lot Number 113 in Stickney’s Addition to the City of Toledo, Lucas County, Ohio.
Parcel 2: The Southeasterly 33 feet of the Northwesterly 1/2 of Lot Number 112 in Stickney’s Addition to the City of Toledo, Lucas County, Ohio, also the Southwesterly 109 feet of the Southeasterly 1/2 of Lot Number 112 in Stickney’s Addition to the City of Toledo, Lucas County, Ohio, excepting therefrom that part thereof lying with the lines of Ontario Street, in accordance with Volume D15 of Plats; page 102. Parcel No: 14-28147; 14-28152; 14-28164
That part of the Southeasterly one-half (1/2) of Lot Number One Hundred Twelve (112) in Stickney’s Addition to the City of Toledo, Lucas County, Ohio, as lies Northeasterly of a line parallel to and one hundred nine (109) feet Northeasterly of Bush Street and not included within the lines of Ontario Street, except all that part of the Southeast one-half (1/2) of Lot Number One Hundred Twelve (112) Stickney’s Addition to Toledo, Lucas County, Ohio, bounded and described as follows" Beginning at the intersection of the Northwesterly line on Ontario Street and the Northeasterly line of said Lot Number One Hundred Twelve (112); thence Southwesterly along the said Northwesterly line of Ontario Street, thirty-eight and five tenths (38.5) feet; thence Northwesterly to a point in the Northwesterly line of the said Southeasterly one-half (1/2) of Lot Number One Hundred Twelve (112) that is forty-one and five tenths (41.S) feet Southwesterly of the Northeasterly comer of said Southeasterly one-half (1/2) of Lot Number One Hundred Twelve (112); thence Northeasterly forty-one and five tenths (41.5) feet to the said Northeasterly comer of the Southeasterly one-half (1/2) of Lot Number One Hundred Twelve
(112); thence Southeasterly alone the northeasterly line of Lot Number One Hundred Twelve (112) to the place of beginning, same being recorded in Deed 15-102.
Parcel No: 14-28137; 14-28144
Northwesterly½. of the Southeasterly½. of Lot Number One Hundred and Thirteen (113) in Stickney's Addition to the City of Toledo, Lucas County, Ohio.
Parcel 14-28164
All that part of the Southeast one-half (1/2) of Lot Number One Hundred Twelve (112) in Stickney’s Addition to Toledo, Lucas County, Ohio, bounded and described as follows: •
Beginning at the intersection of the Northwesterly line of Ontario Street and the Northeasterly line of said Lot Number One Hundred Twelve (112); thence Southwesterly along the said Northwesterly line on Ontario Street thirty-eight and five tenth (38.5) feet; thence Northwesterly to a point in the Northwesterly
•line of the said Southeasterly one-half (1/2) of Lot Number One Hundred Twelve (112) that is forty-one and five tenths (41.5) feet Southwesterly of the Northeasterly comer of the said Southeasterly one-half (1/2) of Lot Number One Hundred Twelve (112); thence Northeasterly forty-one and five tenths (41.5) feet to the said Northeasterly comer of the Southeasterly one-half (1/2) of Lot Number One Hundred Twelve (112); thence Southeasterly along the Northeasterly line of Lot Number One Hundred Twelve
(112) to the place of beginning. Parcel 14-28144
SECTION 2. That the approval of the granting of a Special Use Permit for a school for a site located at 1501 N. Ontario Street, in the City of Toledo, Lucas County, Ohio; be subject to compliance with the 34 conditions as follows:
The following thirty-four (34) conditions 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.
The City of Toledo public water system does not appear to be impacted by this project. Refer to comments provided by the Division of Water Distribution regarding private water mains and/or service lines.
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 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>; 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>
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
It appears that this building and any buildings on site that may be used for this school 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)
All building construction plans for change of use to be submitted to the FD for review in addition to the Building Inspection Department plan submittal. (OFC104.2, OBC107.4.5)
New and existing buildings shall be provided with approved address identification that meets Building & Fire Code requirements. (OBC 501.2 & OFC 505.1)
A warming stove is currently in place in a kitchen. Any heavier use for more than just warming or addition of cooking equipment and suppression system for same will need plans submitted for review by the Building Dept, Health Dept and the FD. (OFC104.2, OFC901.2)
Emergency Plans as required by the Ohio Fire Code shall be developed and reviewed by the FD. The school shall have in place Evacuation and Tornado procedures as well as staff training and response procedures as part of the emergency plan. (OFC403.5, 404, 405, 406 & 408)
A fire safety inspection is required prior to occupancy. (OFC105.3.3.2)
Division of Transportation
Wheel stops are required at all parking spots abutting sidewalks, property lines, planting areas and buildings per TMC 1107.1907.
Existing curb cut and drive approach that is no longer being utilized near exit drive on Ontario must be removed and replaced with new curb and grass to match adjacent areas.
Existing broken sidewalk on Ontario Street and Bush Street must be removed and replaced to match adjacent sidewalk areas.
Painted ground signs are required to help prevent wrong way traffic flow.
“Do not enter” signage is required at driveway exit on Ontario Street to prevent wrong way traffic flow.
Plan Commission
Off-street parking shall be provided pursuant to Off-Street Parking Schedule “A,” (TMC§1107.0304). A total of fifteen (15) parking spaces are required for this site. The submitted site plan shows twenty-three (23) parking spaces. The site may not provide more than twenty-three (23) parking spaces (150% of minimum). Acceptable as depicted.
Bicycle parking slots shall be provided pursuant to Off-Street Parking Schedule “A,” (TMC§1107.0300). Minimum number of bicycle parking slots required is thirteen (13). Not acceptable as depicted. Additional bike rack must be installed.
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.
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.
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.
All landscape material must be within 100 feet of a water outlet (hose bib).
Applicant shall obtain appropriate sign permits for any 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 11, nays 0.
Passed: July 17, 2024, as an emergency measure: yeas 7, nays 4.
Attest:
Julie A. Gibbons Carrie Hartman
Clerk of Council President of Council
Approved: July 17, 2024
Wade Kapszukiewicz
Mayor