Label
Zoning & Planning
606 N. Reynolds Road SUP
Title
Granting a Special Use Permit for a Tobacco Shop for the property located at 606 N. Reynolds Road, in the City of Toledo, Lucas County, Ohio; subject to certain conditions and declaring an emergency.
Body
SUMMARY & BACKGROUND:
By application (SUP24-00113) 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 606 N. Reynolds 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 approval for the request for granting a Special Use Permit for a Tobacco Shop for the property located at 606 N. Reynolds Road, in the City of Toledo, Lucas County, Ohio.
On April 16, 2025, the Toledo City Council Zoning and Planning Committee recommended disapproval for the request for granting a Special Use Permit for a Tobacco Shop for the property located at 606 N. Reynolds 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 606 N. Reynolds 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:
Lot 363 and Lot 364 of Westhaven First as recorded in Volume 32, Pages 5 and 6, City of Toledo, Lucas County, Ohio County Recorder's office, less and excepting the East 64.64 feet of Lots 363 and Lot 364, also excepting the West 20.00 feet for road purposes.
SECTION 2. That the approval of the granting of a Special Use Permit for a Tobacco Shop for the property located at 606 N. Reynolds Road, in the City of Toledo, Lucas County, Ohio., be subject to compliance with the 30 conditions as follows:
The following thirty (30) conditions listed by agency of origin. Applicants are encouraged to contact each of the agencies to address compliance with their conditions.
Division of Engineering Services
1. 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.
2. All proposed 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.
3. Nebraska Avenue in this location is an unimproved, uncurbed street. There is no formal gutter flow line; stormwater drainage flows down the street at a low spot either at the edge of pavement (EOP), or along a flow line between the EOP and the R/W line (formal or informal swale). A new sidewalk on an unimproved street may not need to follow design standards for curbed street, but rather, be graded with attention to maintaining the flow of drainage in order to prevent a nuisance of stagnant backed up storm drainage. In some cases, sidewalk may need to be flush or even set lower than the EOP.
4. Required permits for all approved work in the public right-of-way shall be obtained, before work begins, from Ted Rousos, 419-245-1347. The application can be obtained online at Toledo.oh.gov search: Right of Way opening permit.
5. The existing pavement, if it slopes to the southeast, will continue to drain acceptably, although this is speculative because the site plan does not show existing pavement grading. If any existing sheet flow goes westward, the proposed curb needs to be done without creating a nuisance condition of retained drainage at the new curb. Anywhere drainage is redirected to landscaping at the west, north or south, needs attention to grading so as to not creating water sitting on the pavement, but instead flowing through and over any new landscaping, sidewalk, and drive approach work.
Division of Sewer & Drainage Services
6. S&DS requires that all existing private sewer lines that are not being removed or properly abandoned (both storm & sanitary) be cleaned and inspected.
7. 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
8. 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.
9. Applicant shall maintain compliance with Ohio EPA’s General Storm Water NPDES permit programs.
10. Applicant is strongly encouraged to include multiple green infrastructure measures to minimize runoff and increase infiltration, and to minimize amount of new and/or additional impervious surface on site.
11. 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_plantspecies.pdf>.
12. 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.
Fire Prevention Bureau
13. Approved premises identification is required.
14. Key box(s) for access to buildings and areas restricted by fences, gates, etc…
Division of Transportation
15. Sidewalk along Nebraska Avenue is required to be a minimum of 4-foot (4’) wide.
Plan Commission
16. 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 per TMC§1104.1701. No such uses are documented within 500 feet of the proposed tobacco shop. Acceptable as submitted.
17. The hours of operation shall be limited from 5:30 a.m. to 1 a.m., or other hours consistent with a liquor permit issued by the State of Ohio.
18. The proposed commercial space requires four (4) parking spaces per the Off-Street Parking Schedule in TMC§1107.0304. The site plan depicts four (4) parking spaces. Acceptable as depicted.
19. Per Off-Street Parking Schedule in TMC§1107.0304 one (1) bicycle parking slot is required; however, TMC§1107.0901(B) requires a minimum of two (2) bicycle parking slots when the provision for bicycle parking slots is required. Two (2) bicycle parking slots are depicted on the site plan. Acceptable as depicted.
20. One (1) van accessible space is required per TMC§1107.1701. The site plan depicts one (1) van accessible parking space. Acceptable as depicted.
21. Wheel stops are required for all proposed parking spaces in the proposed development per TMC§1107.1907. The site plan depicts wheel stops for all parking spaces. Acceptable as depicted.
22. Per TMC107.1303, sidewalks shall be constructed along all public streets, at the time of development, of any parcel in any commercial district. A three-foot (3’) wide sidewalk is proposed to be installed along Nebraska Avenue. Not acceptable as depicted. Per Condition #13, the sidewalk shall be a minimum of four-foot (4’) wide.
23. A detailed site, lighting, fencing and four (4) copies of a revised landscape plan (separate from building & site plans) shall be submitted to the Plan Director for review and approval. Such plan shall include:
a. Per TMC§1108.0202, newly developed sites require a minimum 15-foot-wide frontage greenbelt along public rights-of-way that contains at least one tree for every 30 feet of frontage. To bring the site closer into compliance the applicant is proposing a four-foot (4’) wide landscaped area along Reynolds Road with shrubs and six (6) trees. The six (6) trees are more than the five (5) total required trees for Reynolds Road and Nebraska Avenue. In addition, the applicant will be removing the asphalt that is currently located in the right-of-way along Reynolds Road and a portion of asphalt to the north of the building and seeding these areas with grass. Acceptable as depicted.
b. Per TMC§1108.0203(G), a dumpster may not be in any required setback or landscape buffers and shall be located as far away from residential areas as possible. The dumpster is depicted in the front yard along Reynolds Road. Not acceptable as depicted. A waiver will need to be approved or the dumpster relocated to an acceptable location.
c. Topsoil must be back filled to provide positive drainage of the landscape areas.
d. 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.
e. 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. Not acceptable as depicted. Proposed shrub information shall be added to the plant schedule.
f. The location and direction of any proposed lighting (lights are to be directed away from adjacent residential properties).
g. The location, lighting and size of any signs.
24. Landscaping shall be installed and maintained indefinitely.
25. Per 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 for a 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. The existing pole sign on the site will need to be removed.
26. All proposed signage for the site shall be meet the requirements of TMC§1113.000. A sign permit application shall be submitted and approved for all signage.
27. 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.
28. 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.
29. 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.
30. Approval of the Special Use Permit will lapse after one (1) year if the criteria listed in TMC§1111.0707 have not been met.
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