Label
Zoning & Planning Committee
Title
Granting a Special Use Permit for a new freestanding wireless telecommunication facility for a site located at 5311 Hill Avenue, in the City of Toledo, Lucas County, Ohio; subject to certain conditions and a waiver; and declaring an emergency.
Body
SUMMARY & BACKGROUND:
By application (SUP-6004-18) filed with the City of Toledo Central Permit Center, a request for a Special Use Permit for a new freestanding wireless telecommunication facility for a site located at 5311 Hill Avenue, in the City of Toledo, Lucas County, Ohio; was submitted to the Toledo City Plan Commission for its review and recommendation.
On September 13, 2018, the Toledo City Plan Commission recommended approval for a Special Use Permit for a new freestanding wireless telecommunication facility for a site located at 5311 Hill Avenue, , in the City of Toledo, Lucas County, Ohio.
On October 17, 2018, Toledo City Council, Planning and Zoning Committee reviewed, and sent as approved a Special Use Permit for a new freestanding wireless telecommunication facility for a site located at 5311 Hill 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 new freestanding wireless telecommunication facility for a site located at 5311 Hill 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:
An interest in land, said interest being over a portion of the following described parent parcel:
The East 3 acres of the following described property: 15 acres out of the Northeast corner of the
Northwest ¼ of the Northeast ¼ of Section 11, Town 2 of the United States Reserve of 12 miles square at the foot of the Rapids of the Miami of Lake Erie, and bounded as follows, to-wit:
Commencing at the center post or East line of the West ½ of the Northeast ¼ of said Section 11, on the North line of said section; thence West on the section line 40 rods; thence Southerly, parallel with the East line of said West ½ 60 rods; thence East parallel with the North line 40 rods; thence Northerly on the East line to the place of beginning in the City of Toledo, Lucas County, Ohio, excepting therefrom that part conveyed to the State of Ohio by Deed 84-027B11 and described as follows:
Commencing at the Northeast corner of Section 11; said point also being the intersection of the
centerline of right of way Hill Avenue with the centerline of right of way of Reynolds Road; thence South 87° 06’10” West along the Northerly line of Section 11, said line also being the centerline of right of way of Hill Avenue a distance of 1342.47 feet to a point of beginning, said point being the grantor’s Northeasterly property corner, same being Station 199 + 21.45 on the centerline of right of way of Hill Avenue; thence South 03° 03’10” East along the grantors Easterly property line a distance of 50.00 feet to a point 50.00 feet right of Station 199 + 21.59; thence South 87° 06’10” West and parallel to the centerline of right of way of Hill Avenue a distance of 132.00 feet to a point on the grantors Westerly property line, said point being 50.00 feet right of Station 197 + 89.59; thence North 03° 03’10” West along the grantors Westerly property line a distance of 50.00 feet to a point, said point being the grantors Northwesterly property corner, same being Station 197 + 89.45 on the centerline of right of way of Hill Avenue; thence North 87° 06’10” East along the Northerly line of Section 11, said line also being the grantors Northerly property line, same being the centerline of right
of way of Hill Avenue a distance of 132.00 feet to the point of beginning.
Subject to legal highways.
AND BEING the same property conveyed to Christopher M. Yanik from Kathleen M. Charles, Executrix of the Estate of Cora Zacharias by Fiduciary Deed dated December 06, 2002 and recorded December 10, 2002 in Instrument No. 02 0653B03; AND FURTHER CONVEYED to Christopher M. Yanik from Kim Realty Company, Inc., an Ohio corporation by Corporation Warranty Deed dated December 05, 2002 and recorded December 10, 2002 in Instrument No. 02 0653B05.
Tax Parcel No. 20-06074
SECTION 2. That the approval of a Special Use Permit for a new freestanding wireless telecommunication facility for a site located at 5311 Hill Avenue, City of Toledo, Lucas County, Ohio; shall be subject to compliance with the 26 conditions as follows:
The following twenty-six (26) 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. A pre-submittal meeting is not required, however one may be requested. Contact information is as follows:
Division of Engineering Services: ph. 419-245-1315, fax 419-936-2850
Right-of-Way and Inspection: 419-245-1341
Roadway: 419-245-1344
Water: 419-936-2163
Stormwater Drainage: 419-245-3221;
419-245-1338
Sanitary Sewers: 419-936-2276
2. 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.
3. 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.
4. Required permits for all approved work in the public right-of-way shall be obtained, before work begins, from One Stop Shop, (419) 245-1220.
Contact Joe Warnka at (419) 245-1341 for inspection of above mentioned items.
5. The City of Toledo requires that all sites proposing earth disturbing activities of 2,500 sq. ft. or more (including an overall common plan of development) and/or the installation of storm sewer services be reviewed and approved by the Division of Engineering Services prior to the start of any construction or earth disturbing work (grading, clearing, stockpiling, etc.)
6. The following documents shall be submitted to the Division of Engineering Services (Andy Stepnick) for stormwater review & approval:
• Detailed site grading plan
• Plans and calculations for storm sewer service, stormwater detention and post-construction best management practices (BMP’s). Plan Commission submittal is showing a grassy swale along the new gravel access road to comply with these requirements. Calculations will be needed to show sufficient capacity.
• A Stormwater Pollution Prevention Plan (SWP3) - including a completed submittal cover sheet, contact list, contractor certification form and Ohio EPA SWP3 checklist. The links to these documents can be found at http://www.tmacog.org/storc/swp3.htm.
• Long term maintenance plan and maintenance agreement for Detention and Post-Construction BMP’s for long term maintenance of the private facilities. Stormwater Detention and Post-Construction BMP’s are required to be maintained into perpetuity.
7. Submittals shall be in compliance with the latest version of the City of Toledo’s Infrastructure Design and Construction Requirements http://toledo.oh.gov/services/public-utilities/engineering-services/plan-review-process/
8. All developments are required to provide Stormwater detention, post-construction stormwater best management practices (BMP’s) and a stormwater pollution prevention plans (SWP3) plans, in compliance with the latest version of the City of Toledo’s Infrastructure Design and Construction Requirements, for all area(s) disturbed regardless of pre-and post-construction land use.
9. Nonresidential properties which have Designs incorporating low impact development solutions, such as grassy swales and bio-retention areas in lieu of curb, storm sewers, and underground detention are encouraged and may be eligible for a percent reduction in the property’s stormwater utility fee through the Stormwater Credit Program. Information on this program can be found at http://toledo.oh.gov/services/public-utilities/engineering-services/stormwater-utility-credit-program/
10. All storm drainage must be internal and not run off onto adjacent properties.
11. No construction work, including any earth disturbing work will be permitted without approved plans.
Transportation
12. Drive surface must be of dust free material per TMC 1107.1906.
Plan Commission
13. Wireless Facilities shall be designed to reasonably blend into the surrounding environment through the use of neutral colors (such as gray), screening, landscaping and architecture, unless the Federal Aviation Administration, or other federal or state authorities, require otherwise. Tower shall be constructed of galvanized metal. The applicant shall camouflage the monopole so that it blends in with the surrounding environment and the existing tree mass along the eastern and western edges of the parcel. (A revised elevation shall be submitted indicating compliance with this requirement).
14. No commercial advertising shall be allowed on a tower or antenna, except for antennas attached to an existing and approved sign. Towers may have safety or warning signs in appropriate places. (Acceptable as outlined in the Statement of Compliance).
15. Mobile or immobile equipment not used in direct support of a wireless facility shall not be stored or parked on the site, unless repairs to the facility are being made.
16. The Wireless Facilities shall be setback from the property line in all directions a distance at least equal to the height of the tower or 100 feet, whichever is greater, if the site is in or abuts a Residential district or Household Living or Group Living areas. (Not acceptable as depicted on site plan. Applicant shall obtain a waiver of TMC 1104.1804(C)(1) to allow for a 54’ setback waiver on the East and West property lines).
17. The proposed gravel turnaround is required to be paved with a dust free material. (Not acceptable as depicted on the site plan. A revised site plan shall be submitted showing compliance with this requirement).
18. The tower or antenna shall be constructed so that if failure does occur, it will collapse into itself and will not fall onto structures near the site. (Acceptable as outlined in the Statement of Compliance).
19. Applicant shall submit proof of the proper liability insurance to the legal staff of the City of Toledo.
20. Towers shall be of a monopole design, and guyed or lattice towers are prohibited. (Acceptable as depicted on elevation drawing).
21. A detailed site, lighting, sign, fencing and four (4) landscaping plans separate from the building plans shall be submitted to the Plan Director for review and approval. Such plan shall include:
a. A Type A Landscape buffer is required along all four sides of the wireless facility and shall be twenty-five feet (25’) in width or ten feet (10’) in width with a solid fence. (Not acceptable as depicted on the landscape plan).
c. The location, number, height, diameter and species of any materials to be planted and maintained shall meet the standards included in TMC§1108.0400 Landscape Materials Standards;
d. The location, type and direction of any proposed lighting. The lighting is subject to the approval of the Director of the City of Toledo Plan Commission (lights are to be directed away from adjacent residential properties). (If applicable);
e. The location and type of any proposed fencing. Fence shall meet the criteria as set forth in TMC 1104.1801(C)(1) Wireless Telecommunication Facilities. Fence shall be an eight (8’) foot wood, board-on-board privacy fence or wall, as measured from the finished grade of the site, constructed around the perimeter of the Wireless Facility. The use of barbed wire is not permitted. Fencing is subject to the approval of the Director of the City of Toledo Plan Commission.
f. If applicable. The location, lighting and size of any signs, all signage is subject to TMC§1387. No commercial advertising shall be allowed on a tower or antenna, except for antennas attached to an existing and approved sign. Towers may have safety or warning signs in appropriate places.
22. 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.
23. Approval of the Special Use Permit will lapse after one (1) year if the criteria listed in TMC§1111.0707 have not been met.
24. 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.
25. 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.
26. 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 & maintained indefinitely.
SECTION 3. Waiving the following section of the Toledo Municipal Code for the zoning maps attached to Part 11, Planning and Zoning, Toledo Municipal Code, for the property located at 5311 Hill Avenue, in the City of Toledo, Lucas County, Ohio:
Chapter 1104 Use Regulations
Sec. 1104.1800 Wireless Telecommunications Facilities
Sec. 1104.1804(C)(1) Freestanding Wireless Facilities
The Wireless Facility shall be setback from the property line in all directions a distance at least equal to the height of the tower or 100 feet, whichever is greater, if the site is in or abuts a Residential district or Household Living or Group Living uses.
Approve the waiver for setback requirements.
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