Label
Zoning & Planning Committee
Title
Granting an amendment to a Special Use Permit for Community Recreation, Active for a site located at 1302 Linden Lane, in the City of Toledo, Lucas County, Ohio; subject to certain conditions and waivers; declaring an emergency.
Body
SUMMARY & BACKGROUND:
By application (SUP-11004-17) filed with the City of Toledo Central Permit Center, a request for an amendment to a Special Use Permit for Community Recreation, Active for the site located at 1302 Linden Lane, in the City of Toledo, Lucas County, Ohio; was submitted to the Toledo City Plan Commission for its review and recommendation.
On January 11, 2018, the Toledo City Plan Commission recommended approval for an amendment to a Special Use Permit for Community Recreation, Active for the site located at 1302 Linden Lane, in the City of Toledo, Lucas County, Ohio.
On March 14, 2018, Toledo City Council, Planning and Zoning Committee reviewed, and sent as approved an amendment to a Special Use Permit for Community Recreation, Active for the site located at 1302 Linden Lane, 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 Community Recreation, Active for a site located at 1302 Linden Lane, 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 NUMBER SEVEN (7) THEREFROM THE EASTERLY SIXTY (60) FEET AS MEASURED NORMAL TO THE EASTERLY LINE OF LOT NUMBER SEVEN (7) IN INVERWEST, A SUBDIVISION IN THE CITY OF TOLEDO, LUCAS COUNTY, OHIO. IN ACCORDANCE WITH VOLUME 97 OF PLATS, PAGE 20
SECTION 2. That the approval of the amendment to a Special Use Permit for Community Recreation, Active for the site located at 1302 Linden Lane, City of Toledo, Lucas County, Ohio; ; shall be subject to compliance with the 38 conditions as follows:
The following thirty eight (38) 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: Joe Warnka, ph. 419-245-1341
Roadway: Tim Grosjean, ph. 419-245-1344
Water: Andrea Kroma, ph. 419-936-2163
Stormwater Drainage: Lorie Haslinger, ph. 419-245-3221; Andy Stepnick 419-245-1338
Sanitary Sewers: Mike Elling, ph. 419-936-2276
2. Minimum 4-foot barrier-free sidewalk shall be placed along the frontages of all public streets in the development and shall extend through drive approaches. Pedestrian curb ramps shall be placed at all intersections.
3. All proposed drive approaches, sidewalk, and curb shall be constructed in accordance with the City of Toledo Construction Standards, Specifications, and Toledo Municipal Code. All drive approaches, and sidewalk through the drives, shall be 6-inch thick concrete residential, 8-inch thick concrete Commercial. No curb shall be permitted in the right-of-way along either side of the drive approach. No horizontal curb cutting will be permitted.
4. Substandard drive approaches, sidewalk, and curb sections that exist within the public right-of-way abutting the site shall be replaced in accordance with City of Toledo Construction Standards, Specifications, and Toledo Municipal Code.
5. Improvements per City of Toledo Infrastructure Design and Construction requirements must be met.
6. 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.
7. Water service is available subject to the Rules and Regulations of the Department of Public Utilities.
8. There is an existing 8-inch diameter water service to this site. If this water service is not going to be used, it will be abandoned by the City of Toledo at the developer’s expense.
9. Detailed plans for extension of water services shall be submitted to the Division of Engineering Services for review and approval. Plan design and submittal shall comply with the current version of the City of Toledo DPU Infrastructure Design and Construction Requirements.
10. The current version of “WATER GENERAL NOTES FOR CITY OF TOLEDO PRIVATE WATER MAINS, FIRE LINES AND LARGE SERVICES” shall be included on the plans and can be obtained from the City of Toledo Division of Engineering Services.
11. New fire, domestic, and irrigation taps will be installed by City of Toledo at the developer’s expense.
12. All commercial properties are required to have approved backflow protection devices installed on the domestic water service and fire protection lines. Installation of the devices must be verified by the Division of Water Distribution and all devices must be registered with BSIonlinetracking.com at 800-414-4990. Contact the Division of Water Distribution (419-245-1395) to verify the backflow prevention requirements for this site.
13. The water meter setting detail, including meter bypass and backflow preventer, shall be submitted to the City of Toledo Backflow Prevention Coordinator, 401 S. Erie Street, Toledo, OH 43602 for review and approval.
14. Contact the City of Toledo Fire Prevention Bureau (419-245-1263) to verify the fire protection requirements for this site. Contractors performing work on new or existing fire systems shall be licensed by the State of Ohio Fire Marshall and certified by the City of Toledo Fire & Rescue Department.
15. The plan submitted for Plan Commission review indicates earth-disturbing activity greater than 2,500 square feet; therefore, a detailed site-grading plan, Stormwater Pollution Prevention Plan (SWP3), calculations, plans for stormwater service, and a maintenance plan and maintenance agreement for Post-Construction Stormwater Best Management Practices (BMPs) for this project shall be submitted directly to the Division of Engineering Services for stormwater review and approval.
16. Plan submittals shall be in conformance with the latest version of Infrastructure Design and Construction Requirements available at http://toledo.oh.gov/services/public-utilities/engineering-services/plan-review-process/, including the requirements for stormwater detention and post-construction stormwater BMPs.
17. Any person performing earth-disturbing activities within the City of Toledo shall employ Construction Best Management Practices (BMPs) to provide sediment and erosion control during construction. Construction BMPs shall be designed and installed per the latest Ohio EPA General Stormwater NPDES permit.
18. All disturbed land areas over 1 acre must submit an NOI to and obtain a permit from the Ohio EPA.
19. All sites disturbing 2,500 sq. ft. or more shall develop a site-specific Stormwater Pollution Prevention Plan (SWP3), which shall be submitted for review and approval. The SWP3 shall address all components required per the latest Ohio EPA General Stormwater NPDES permit and shall submitted with a completed submittal cover sheet, contact list, contractor certification form an the Ohio EPA SWP3 Checklist. The links to these documents can be found at http://www.tmacog.org/storc/swp3.htm.
20. 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.
21. All storm drainage must be internal and not run off onto adjacent properties unless approved by the City of Toledo Drainage Engineer.
22. No construction work, including any earth disturbing work, will be permitted without approved plans and inspection.
23. Sanitary sewer service for this development is available subject to the Rules and Regulations of the Department of Public Utilities.
24. A single sanitary sewer tap from this site shall be allowed into the public sanitary sewer system. Developer shall use existing sanitary tap, when available.
Sewer and Drainage Services
25. Site shall comply with all Sewer & Drainage Service regulations.
Fire Prevention
26. Site shall comply with all Fire Prevention Bureau regulations.
Transportation
27. Wheel stops shall be installed in the parking stalls adjacent to the sidewalk located south of the open space.
Plan Commission
28. Parking is prohibited in the front yard of a residential district and shall be noted on a revised plan. Applicant must obtain a waiver of TMC 1107.1202.A.1 or comply fully with the requirements of said section.
29. Litter receptacles shall be provided in accordance with Toledo Municipal Code Section 963.22. These standards include two containers in easily accessible locations for first 25 spaces, one container for every fifty additional spaces or as approved by Director of Public Service. Containers shall have secured lids and secured to the ground to minimize spillage.
30. Four copies of a detailed site, lighting, fencing and landscaping plan shall be submitted to the Plan Director for review and approval (separate from the building and site plans). Such plan shall include:
a. Total interior landscaping shall be 3,280 sq. ft and include a total of 33 trees and 99 shrubs. All parking spaces shall be within 100 feet of interior landscaping areas.
b. Landscaped terminal islands must be provided for the parking rows south and east of the open space parcel.
c. An additional 81 trees shall be installed to meet the interior site landscaping requirements.
d. A solid row of shrubs shall be installed along the easternmost row of parking spaces.
e. A 10’ Type A Buffer is acceptable along the northern property line adjacent to the library without a fence. The adjacent parcel provides a privacy fence. If the adjacent fence is ever removed the applicant shall install the appropriate Type A buffer fencing along this area. Shall be submitted on a revised landscape plan.
f. Topsoil must be back filled to provide positive drainage of the landscape area.
g. 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 cover.
h. 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, trees, shrubs, and landscape materials shall meet the standards included in TMC 1108.0400 Landscape Materials Standards. Trees and shrubs must meet minimum size standards when planted. Shall be submitted on a revised landscape plan.
i. If site is ½ acre or larger, landscaped areas must be irrigated as necessary to maintain required plant materials in good and healthy condition. Irrigation plans must be submitted with development plans and must contain all construction details.
j. The location, height and materials for any fencing to be installed and maintained.
k. The location and direction of any proposed lighting (lights are to be directed away from adjacent residential properties); and
31. The soccer field/gymnasium portion of the building shall comply with the design standards of TMC 1109.0205. The design of the building shall: reduce its apparent mass or bulk by dividing the building into smaller masses, be compatible with adjacent architecture, add visual interest to avoid long, blank walls, and incorporate a well-defined base, middle, and top. Shall be submitted on revised elevations. Applicant must obtain a waiver of TMC 1109.0205.A, TMC 1109.0205.B.1, TMC 1109.0205.C.1, and TMC 1109.0205.C.4 or comply fully with the requirements of said section.
32. High quality building materials must comprise at least 75% of the total wall area for the north, west, and south elevations. Metal paneling is not an acceptable high quality material and shall be used only as an accent. Founders brick is an acceptable high quality material provided the height of the brick does not exceed 4 inches. Shall be submitted on revised elevations. Applicant must obtain a waiver of TMC 1109.0501.A or comply fully with the requirements of said section.
33. Bicycle parking is required for the proposed use at a ratio of 1 space for every 10 parking spaces and requires a total of 17 spaces.
34. 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.
35. The Special Use Permit will require an approval of the amendment to Lot 7 of the INVERWEST Planned Unit Development by City Council in order to be considered valid. If the PUD is not approved or lapses the Special Use Permit will be considered void.
36. 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.
37. 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.
38. 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. Waiving the following sections of the Toledo Municipal Code for the zoning maps attached to Part 11, Planning and Zoning, Toledo Municipal Code, for the property located at 1302 Linden Lane, in the City of Toledo, Lucas County, Ohio:
Chapter 1107 Parking, Loading, and Access
1107.1202 Setbacks
A. Residential Districts
1. Parking spaces may not be located within the front yard, except on a driveway for single family or two family dwellings.
Approve a waiver to allow parking in the front yard of a residential district.
Chapter 1109 Design Standards
1109.0205 Building Design Standards
A. Variation in Massing
The design of the building shall reduce its apparent mass or bulk by dividing the building into smaller masses.
B. Character and Image
1. Building design shall contribute to the uniqueness of established neighborhoods by harmonizing design elements of the adjacent architecture.
C. Building Façade Treatment
1. Minimum Wall Articulation
Exterior walls shall be articulated in order to add architectural interest and variety and avoid the effect of a single, long or massive wall with no relation to human size.
4. Base and Tope Treatments
The design of a building shall reduce its perceived height by providing a well-defined base, middle and top to building facades.
Approve a waiver of the required design elements for the north, west, and south elevations provided the elevations incorporate additional vertical and horizontal elements for the gymnasium subject to the review and approval by the Plan Director.
Chapter 1109 Design Standards
1109.0501 Facade Materials
A. High quality building materials must comprise at least 75% of the total wall area of Facades visible from the public right of way.
Approve a waiver to allow metal panels as a predominant building material for north, west and south elevations.
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