Label
Zoning & Planning Committee
Title
Granting an amendment to a Special Use Permit for a used auto sales facility for a site located at 2809 & 2815 W. Central Avenue, in the City of Toledo, Lucas County, Ohio; subject to certain conditions and a waiver; declaring an emergency.
Body
SUMMARY & BACKGROUND:
By application (SUP-3005-18) filed with the City of Toledo Central Permit Center, a request for an amendment to a Special Use Permit for a used auto sales facility for a site located at 2809 & 2815 W. Central 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 an amendment to a Special Use Permit for a used auto sales facility for a site located at 2809 & 2815 W. Central 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 an amendment to a Special Use Permit for a used auto sales facility for a site located at 2809 & 2815 W. Central 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 an amendment to a Special Use Permit for a used auto sales facility for a site located at 2809 & 2815 W. Central 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:
LEGAL DESCRIPTION FOR PARCELS 09-08361 & 11-51684
2809 West Central Avenue, Toledo, Ohio 43612
Situated in the County of Lucas, State of Ohio:
The west seventy-five (75) feet of Lot Number (6) in Kenwood Gardens, a subdivision in the City of Toledo, Lucas County, Ohio, according to the plat therefore, recorded in Volume 52 of Plats, pages 23 and 24, Lucas County, Ohio, Records.
Containing Zero and sixty-five hundredths (0.65) acres. Subject to legal highways.
Deed Record Number: 20150908-0037592
2815 Central Avenue, Toledo, Ohio 43606
Situated in the County of Lucas, State of Ohio:
Lot number ninety-one (91) in the First Extension of Oak Leaf Place, an Addition in the City of Toledo, Lucas County, Ohio.
Containing Zero and twenty-two hundredths (0.22) acres. Subject to legal highways.
Deed Record Number: 20150908-0037593
SECTION 2. That the approval of the amendment to a Special Use Permit for a used auto sales facility for a site located at 2809 & 2815 W. Central Avenue, City of Toledo, Lucas County, Ohio; shall be subject to compliance with the 10 conditions as follows:
The following ten (10) conditions are listed by agency of origin. Applicants are encouraged to contact each of the agencies to address compliance with their conditions.
Plan Commission
1. All previous conditions of Ordinance 400-16 shall apply and remain in effect.
2. A minimum of ten (10) customer parking spaces shall be provided on site. Acceptable as depicted on revised site plan.
3. All vehicles on display must be parked in striped parking spaces that shall be designated on an approved Site Plan. Vehicle parking that deviates from the approved Site Plan shall not be permitted.
4. 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)). Acceptable as depicted on revised site plan. The applicant shall install a proper concrete curb around the landscaping area in place of the westerly access drive per City of Toledo Construction Standards and Specifications.
5. A detailed site, lighting, fencing and four (4) copies of a 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’) greenbelt is required along the Central Avenue frontage, and shall include a solid evergreen hedge planting and one tree per every 30 feet of frontage; acceptable as depicted on revised site plan.
b. A Type A Landscape Buffer is required along the rear of the property where the site abuts residential zoning. This buffer shall include ten feet of landscaping and a solid fence or masonry wall; applicant shall obtain waiver to TMC§1108.0203(E), to allow a 0’ Type A Landscape Buffer with 6’ tall privacy fence along the rear of the property.
c. The location, height and materials for any fencing to be installed and maintained. The finished side of the fence must face the adjacent property, street, or place per TMC§1108.0404(B). Applicant shall obtain a waiver to TMC§1108.0404(B) to allow for the new fencing installed on site with the finished side facing in toward the site; and
d. The location and direction of any proposed lighting (lights are to be directed away from adjacent residential properties). Shall be submitted to Plan Director on supplemental plan.
6. 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.
7. 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.
8. Approval of the Special Use Permit will lapse after one (1) year if the criteria listed in TMC§1111.0707 have not been met.
9. 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.
10. 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 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 2809 & 2815 W. Central Avenue, in the City of Toledo, Lucas County, Ohio:
Chapter 1108 Landscaping and Screening
Sec. 1108.0203 Buffer and Screening Requirements - E. Type A Landscape Buffer
Approve a waiver of 10’ of the required 10’ Type A Landscape Buffer, to allow a 0’ Type A Landscape Buffer with 6’ tall privacy fence along the rear of the property.
Sec. 1108.0404 Walls, Fences or Berms - B. Fences
Any fence must be durable and constructed of wood, decorative rigid vinyl (polyvinyl chloride), metal, or wrought iron. Fence posts must be structurally stable. The finished side of the fence must face the adjacent property, street, or place. Chain link fencing must not be used to meet buffers and screening requirements. Wood fence posts must be treated lumber.
Approve a waiver to require the finished side of the fence to be facing the adjacent property, street, or place, and allow the finish side of the fence to face the interior of the site.
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