Label
SUP: 4103 Monroe
Zoning & Planning Committee
Title
Granting a Special Use Permit for a Tobacco Shop for a site located at 4103 Monroe Street, in the City of Toledo, Lucas County, Ohio; subject to certain conditions and declaring an emergency.
Body
SUMMARY & BACKGROUND:
By application (SUP-1018-24) filed with the City of Toledo Central Permit Center, a request for a Special Use Permit for a Tobacco Shop for a site located at 4103 Monroe 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 Tobacco Shop for a site located at 4103 Monroe 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 Tobacco Shop for a site located at 4103 Monroe 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 Tobacco Shop for a site located at 4103 Monroe Street, 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:
Belhurst Addition Lot 1 & Lot 2 & Lot 3: Subject to Widening
SECTION 2. That the approval of the granting of a Special Use Permit for a Tobacco Shop for a site located at 4103 Monroe Street, in the City of Toledo, Lucas County, Ohio; be subject to compliance with the 28 conditions as follows:
The following twenty-eight (28) 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 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.
3. 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.
4. 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.
Division of Sewer & Drainage Services
5. S&DS requires that all existing private sewer lines that are not being removed or properly abandoned (both storm & sanitary) be cleaned and inspected.
6. 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
7. 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.
8. Applicant shall maintain compliance with Ohio EPA’s General Storm Water NPDES permit programs.
9. 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.
10. 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>.
11. 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
12. Any remodeling and/or change in level of use for this unused space for the proposed new occupant will require compliance with all applicable Building, Fire, Electrical, Mechanical and Plumbing code requirements. (OBC105.1 & 101.4)
13. New and existing buildings shall be provided with approved address identification that meets Building & Fire Code requirements. (OBC 501.2 & OFC 505.1)
14. A fire safety inspection is required prior to occupancy. (OFC105.3.3.2)
Division of Transportation
15. Accessible parking signage is required and must be no less than 60” and no more than 72” above pavement level per TMC 1107.1704.
16. Drive aisles are required to be minimum of 25’ wide for two-way traffic per TMC 1107.1911. (Parking needs to be angled on west side of building with painted directional arrows on the ground for one way traffic pattern coming from Bellevue Rd.)
Plan Commission
17. Per TMC§1104.1701 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. Plan Commission records and review of the area do not indicate any such uses within 500 feet of the proposed tobacco shop. Acceptable as submitted.
18. 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.
19. Per Off-Street Parking Schedule in TMC§1107.0304 the commercial space requires one (1) parking space per 300 square feet of floor area. A total of eight (8) parking spaces are required for this site. The site plan depicts 12 parking spaces. Acceptable as depicted.
20. Per Off-Street Parking Schedule in TMC§1107.0304 one (1) bicycle parking slot is required per ten (10) parking spaces; or per TMC§1107.0901(B) a minimum of two (2) bicycle parking slots shall be provided when the provision for bicycle parking slots is required. A total of two (2) bicycle slots are required for this site. The site plan depicts a bicycle rack for two (2) bicycles. Acceptable as depicted.
21. Per TMC§1107.1701 one (1) van accessible space with an 8 foot wide aisle abutting the space is required. The site plan depicts two (2) accessible parking spaces. Acceptable as depicted.
22. Per TMC§1107.1907 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. The site plan depicts wheel stops for all parking spaces. Acceptable as depicted.
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 a minimum 15-foot-wide frontage greenbelt along public right-of-ways is required that contains at least one tree for every 30 feet of frontage. One (1) tree exists along Bellevue Road and no other landscaping is proposed. Not acceptable as depicted. To bring the site closer into compliance with this requirement, one (1) additional shade tree shall be provided along Bellevue Road and three (3) shade trees along Monroe Street.
b. Per TMC§1108.0203 dumpsters are required to be screened on all sides with any combination of evergreen plantings, fence, or wall that is a minimum in height of six feet. The site plan indicates a 6 foot high privacy fence around the dumpster. Acceptable as depicted.
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.
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. No new free-standing signs greater that forty-two inches (42”) from grade are permitted - any proposed signage must meet the requirements if low-profile signs per Toledo Municipal Code Title Nine - Sign Code.
25. 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.
26. 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.
27. 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.
28. 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 11, nays 0.
Passed: July 17, 2024, as an emergency measure: yeas 8, nays 3.
Attest:
Julie A. Gibbons Carrie Hartman
Clerk of Council President of Council
Approved: July 17, 2024
Wade Kapszukiewicz
Mayor