Label
Zoning & Planning Committee
Title
Granting a Special Use Permit for a Drug and Alcohol Treatment Facility- Residential for a site located at 2310 Jefferson Avenue, in the City of Toledo, Lucas County, Ohio; subject to certain conditions and waivers; declaring an emergency.
Body
SUMMARY & BACKGROUND:
By application (SUP-11007-17) filed with the City of Toledo Central Permit Center, a request for a Special Use Permit for a Drug and Alcohol Treatment Facility-Residential for a site located at 2310 Jefferson Avenue, in the City of Toledo, Lucas County, Ohio; was submitted to the Toledo City Plan Commission for its review and recommendation.
On January 11, 2018, the Toledo City Plan Commission recommended approval for a Special Use Permit for a Drug and Alcohol Treatment Facility-Residential for a site located at 2310 Jefferson Avenue, in the City of Toledo, Lucas County, Ohio.
On March 14, 2018, Toledo City Council, Planning and Zoning Committee reviewed, and sent without recommendation a Special Use Permit for a Drug and Alcohol Treatment Facility-Residential for a site located at 2310 Jefferson Avenue, 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 Drug and Alcohol Treatment Facility- Residential for a site located at 2310 Jefferson Avenue, 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 no. 14-39181
Swayne Place Lot 225 NW ½
SECTION 2. That the approval of the Special Use Permit for a Drug and Alcohol Treatment Facility-Residential for a site located at 2310 Jefferson Avenue, City of Toledo, Lucas County, Ohio; ; shall be subject to compliance with the 18 conditions as follows:
The following eighteen (18) conditions are listed by agency of origin. Applicants are encouraged to contact each of the agencies to address compliance with their conditions.
Division of Transportation
1. The ingress / egress drives are not wide enough to support two-way traffic. The drives
shall be widened to 25’ or the access drives designated to one-way traffic only.
2. The drive aisle adjacent to the building is not wide enough to support two-way traffic flow.
3. The parking lot in the rear of the building has parking spaces that indicate both one way and two-way traffic flow. The area cannot support this design and the parking area should be reconfigured to meet Toledo Municipal Code 1107 requirements.
Fire Prevention
4. Site shall comply with Fire Prevention Bureau regulations.
Plan Commission
5. A revised site plan shall be submitted addressing the Division of Transportation comments.
6. A revised site plan shall be submitted depicting the location and quantity of proposed bicycle slots.
7. Applicant shall receive a waiver of TMC§1104.1001 - Group Living and Day Care Spacing, the required 500 feet from a site of any other Group Living facilities, Type A Family Day Care Home and Nonresidential Drug and Alcohol Center.
8. Four copies of a detailed site, lighting, fencing, and landscape plan shall be submitted to the Plan Director for review and approval. Such plan shall include:
a. A five-foot (5’) landscape buffer shall be provided along the Jefferson Avenue frontage and around the parking lot, including four (4) canopy trees, a solid row of evergreen hedges, and a decorative fence at the height of 42”.
b. A 42” decorative fence shall be provided along the rear property line adjacent to the parking lot.
c. 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.
d. Perimeter landscaping must be installed along any parking lot area adjacent to a street, place or driveway, or which is visible from an adjacent property along the rear property line.
e. If the site is half an acre or larger, irrigation shall be required for all landscaped areas on site.
f. If applicable, the location, height and materials for any fencing to be installed and maintained.
g. If applicable, the location and direction of any proposed lighting.
9. 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.
10. Any physical changes which are visible from the right-of-way and constitute more than ten percent (10%) of the appraised value through the County auditor’s office will require a separate review process by the UpTown District Architectural Review Committee (UDARC). Additionally, all new fencing, off-street parking, driveways or signage proposed on site are subject to review under the provisions of the UpTown UNO District as defined in TMC§1103.1600.
11. 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 (if applicable).
12. Dumpsters may not be located in the public right-of-way as stated in TMC§1361.10(b) (10) of the Building Code.
13. 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.
14. 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)).
15. 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.
16. 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.
17. 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.
18. 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. Waiving the following sections of the Toledo Municipal Code for the zoning maps attached to Part 11, Planning and Zoning, Toledo Municipal Code, for the property located at 1302 Linden Lane, in the City of Toledo, Lucas County, Ohio:
TMC§1104.1001 - Group Living and Day Care-Spacing,
1104.1001 Group Living facilities, Type A Family Day Care Home and Nonresidential Drug and Alcohol Centers that are subject to this spacing requirement section in the Use Table of Section 1104.0100, must be at least 500 feet from a site with any other Group Living facility, Type A Family Day Care Home, and Nonresidential Drug and Alcohol Center that is also subject to this spacing requirement.
Approve a waiver to allow for a Drug and Alcohol Treatment Facility-Residential to be located within 500 feet from another site that is the same or similar to another group living facility, Type A Family Day Care home and Nonresidential Drug and Alcohol Center that is subject to this spacing requirement.
SECTION 4. 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 5. 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