Label
Zoning & Planning
1122 N. Byrne Rd. SUP
Title
Granting a Special Use Permit for a Tobacco Shop for the property located at 1122 N. Byrne Road, Unit 14, in the City of Toledo, Lucas County, Ohio; subject to certain conditions and declaring an emergency.
Body
SUMMARY & BACKGROUND:
By application (SUP25-0008) filed with the City of Toledo Central Permit Center, a request for a Special Use Permit for a Tobacco Shop for the property located at 1122 N. Byrne Road, in the City of Toledo, Lucas County, Ohio; was submitted to the Toledo City Plan Commission for its review and recommendation.
On March 13, 2025, the Toledo City Plan Commission recommended disapproval for the request for granting a Special Use Permit for a Tobacco Shop for the property located at 1122 N. Byrne Road, in the City of Toledo, Lucas County, Ohio;
On April 16, 2025, the Toledo City Council Zoning and Planning Committee sent without recommendation the request for granting a Special Use Permit for a Tobacco Shop for the property located at 1122 N. Byrne Road, in the City of Toledo, Lucas County, Ohio;
Summary
NOW THEREFORE Be it ordained by the Council of the City of Toledo:
SECTION 1. That granting a Special Use Permit for a Tobacco Shop for the property located at 1122 N. Byrne Road, 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:
3 5 NW 1/4 S 240.8 FT FRT N 580.8 FT FRT W 412.5 FT ON S LINE EXC S 100 FT W 240 FT & EX C N 48 FT W 205 FT & EXC RD WDNG
SECTION 2. That the approval of the granting of a Special Use Permit for a Tobacco Shop for the property located at 1122 N. Byrne Road, in the City of Toledo, Lucas County, Ohio; be subject to compliance with the 24 conditions as follows:
The following twenty-four (24) conditions listed by agency of origin. Applicants are encouraged to contact each of the agencies to address compliance with their conditions.
Fire Prevention
1. A fire safety inspection is required prior to occupancy. (OFC105.3.3.2 & TMC1309.09)
Division of Transportation
2. Bicycle parking is required per TMC§1107.0900
3. Accessible parking is required with an 8’ loading aisle for van and 5’ loading aisle for auto per TMC1107.1700
4. Accessible parking signage is required per TMC§1107.1704
5. Dimensions for all driveways, drive aisles and parking spots must be shown per TMC§1107.1911
6. Two-way drive aisles are required to be a minimum of twenty-five feet (25’) wide per TMC§1107.1911
7. If one does not already exist, a cross access agreement is required between property owners.
Plan Commission
8. Hours of operation may be limited to 5:30 a.m. to 1 a.m. for a tobacco shop.
9. A tobacco shop shall not be located within 500 feet of any of the following uses: school, public park, public library, child day care center, or other use established specifically for the activities of minors. No spacing violations found.
10. A revised site plan shall be submitted to the Plan Director and Division of Transportation depicting all parking spaces and drive aisles compliant with the dimensional requirements of TMC§1107.1911.
11. All parking spaces and aisles must be clearly striped, with a minimum of width of 4 inches, and are subject to TMC§1107.1900- Design Standards.
12. Pursuant TMC§1107.0400, the commercial tenant space requires one (1) parking space per 300 square feet of floor area. A total of four (4) parking spaces are required for the tenant space. Acceptable as depicted on site plan.
13. One (1) bicycle parking space with a minimum of two-slots shall be provided pursuant to TMC§1107.0400. Shall be depicted on revised site plan.
14. One (1) van parking space designated for physically disabled persons shall be provided and in conformance with TMC§1107.1700 standards. Shall be depicted on revised site plan.
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. Per TMC§1109.0204(A). At least one main entrance of any commercial building shall face and open directly onto a five-foot (5’) wide connecting walkway to the street sidewalk proving a logical route for pedestrians from the right of way. Shall be depicted on a revised site plan.
17. 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)). Not acceptable as existing on site and shall be indicated on revised site plan.
18. Dumpsters and trash receptacles shall be screened with a minimum six-foot (6’) heigh wood fence and may not be located in any required setback or landscape buffers and as far from residential areas as possible per TMC§1108.0203(G). Not acceptable as existing on site, shall be shown on revised site plan.
19. 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’) frontage greenbelt landscaping buffer is required along N Byrne Road. At least one (1) tree must be provided for every thirty feet (30’) of lot frontage. The frontage greenbelt shall include three (3) trees and a solid evergreen hedge pursuant to TMC§1108.0203(D) - Landscape Buffer Standards. Not acceptable as existing on site and shall be depicted on a revised landscaping plan.
b. A type “A” landscape buffer is required along the ±125 feet of the southern property line between the sidewalk along N. Byrne Road and the existing fence. A type “A” landscape buffer shall be either 10ft in width with a solid wood fence or wall that includes five (5) canopy trees and eighteen (18) shrubs, or 25ft in width with five (5) canopy trees and twenty-three (23) shrubs to bring the site closer to compliance. Not acceptable as existing on site and shall be depicted on a revised landscaping plan.
c. Fences shall not exceed 3 1/2 feet in the front yard and 10ft in any other location pursuant to TMC§1105.0302(A).
d. All required plant material must be planted within 6 months or by the next planting season.
e. Topsoil must be back filled to provide positive drainage of the landscape area.
f. 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.
g. 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.
h. The location, number, height, diameter and species of any materials to be planted and maintained shall be shown, as well as the location and number of any existing trees to be retained. All landscape materials shall meet the standards included in TMC§1108.0400 Landscape Materials Standards. Calculations shall also be provided indicating compliance with all required landscaping requirements.
i. Landscaped areas must be irrigated as necessary to maintain required plant materials in good and healthy condition. A water outlet (hose bibb) may be provided within on-hundred feet (100’) of the required plant material in lieu of underground irrigation;
j. The location and direction of any proposed lighting (lights are to be directed away from adjacent residential properties);
k. The location, lighting and size of any signs; and
l. The location, height and materials for any fencing to be installed and maintained.
20. 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 Special Use Permit, 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. A sign plan shall be submitted to the Plan Director for review and approval. Such plan shall depict the following:
a. The existing nonconforming ground sign on Byrne Road shall be removed and replaced with a sign conforming to the provisions of TMC§1113.0400 Ground Signs.
b. All existing window signs on the building shall be brought into conformance with TMC§1113.0308 Window Sign. Window signage and similar obstructions may occupy up to 25% of the total cumulative window area along a building façade. Tenants in a multi-tenant space shall ensure window signage occupies no more than 25% of their total cumulative window area along a façade.
c. Applicant shall obtain appropriate permits for any proposed signage. Signage shall be in compliance with the provisions of TMC Chapter 1113 - Signs.
21. 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 Zoning Code. If outstanding issues are found and not addressed the Special Use Permit may be considered for revocation.
22. Approval of the Special Use Permit will lapse after one (1) year if the criteria listed in TMC§1111.0707 have not been met.
23. 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. Major adjustments will require an amendment to the Special Use Permit.
24. No permits shall be issued until arrangements satisfactory to the Director of the Toledo City 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