Label
Zoning & Planning Committee
Title
Approving the site plan for a Day Care Center located at 3384 Elm Street, Toledo, Ohio; subject to certain conditions and a waiver; and declaring an emergency.
Body
SUMMARY & BACKGROUND:
The applicant has appealed the administrative disapproval by the Plan Commission of a site plan (SPR-71-17) for a day care center located at 3384 Elm Street, and subject to 20 conditions.
On January 11, 2018, said matter was considered by the Toledo City Plan Commission and the request for the approval of the site plan for a day care center located at 3384 Elm Street, Toledo, Ohio, was disapproved. Applicant has appealed to City Council.
On February 14, 2018, said matter was considered and the request for the approval of the site plan for a day care center located at 3384 Elm Street, Toledo, Ohio, was approved by the Zoning and Planning Committee of Toledo City Council.
Summary
NOW, THEREFORE, Be it ordained by the Council of the City of Toledo:
SECTION 1. That the site plan for a day care center located at 3384 Elm Street, Toledo, Ohio is hereby approved subject to the 20 conditions set forth herein below, for that part of the City of Toledo more fully described as follows:
Parcel no 12-12491 and 12-12494
POMEROYS LAGRANGE MANOR EX TENSION LOT 8 and POMEROYS LAGRANGE MANOR EX TENSION LOT 9
SECTION 2. That the approval of the site plan for multiple buildings is subject to the following conditions:
Division of 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 419-245-1341
Roadway: Tim Grosjean, ph. 419-245-1344
Water: Andrea Kroma, ph. 419-936-2163
Stormwater: Lorie Haslinger, ph. 419-245-3221; Andy Stepnick, ph. 419-245-1338
Sanitary Sewers: Mike Elling, ph. 419-936-2276
Sewer & Drainage Services
2. Recommend that all private sewer lines that are not being removed or properly abandoned (both storm & sanitary) be cleaned and inspected.
3. Recommend that the 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 Sewer & Drainage Services demonstrating the lines cleaning and integrity.
Fire Prevention
4. Site shall comply with local Fire Prevention Bureau regulations.
Environmental Services
5. Applicant shall maintain compliance with the City of Toledo’s Stormwater regulations as specified in the Toledo Municipal Code.
6. Applicant shall maintain compliance with Ohio EPA’s General Stormwater NPDES permit programs.
7. Any green infrastructure measures that can be included to minimize runoff and increase infiltration are highly advisable.
8. Applicant shall maintain compliance with the City of Toledo’s stormwater regulations as specified in the Toledo Municipal Code. Special attention must be paid to all potential sources of pollutant in the stormwater runoff, including but not limited to long-term operation and maintenance of both structural and non-structural Best Management Practices.
9. Applicant shall maintain compliance with the City of Toledo and State of Ohio’s Air Quality Regulations applicable in the Toledo Municipal Code and the Ohio Administrative Code including, but not limited to Asbestos and Anti-Noise Laws.
Division of Transportation
10. Due to day-to-day activities. e.g., parent drop-off/pick-up, associated with daycares, the Division of Transportation discourages Type A and daycare centers in residential areas.
11. A shared parking agreement shall be formalized with Toledo Public Schools for use of their parking area.
Plan Commission
12. Applicant shall obtain a waiver to TMC§1104.0701(C), in order to allow for the Day Care Center to be located off of a major street.
13. Applicant shall submit an Alternative Access and Parking Plan to the Director of Planning in accordance with TMC§1107.1400, in order to allow for three (3) of the six (6) required parking spaces to be located on the Thurgood Marshall building site.
14. Applicant shall submit a revised site plan that removes “Permanent Alley Closure” from the southeast portion of the site.
15. Applicant shall submit a revised plan that removes “new street trees” from the public right-of-way along Lake Street. In the future, the applicant may work with the City of Toledo Division of Parks, Recreation and Forestry concerning street tree installation.
16. Applicant shall retain all existing accent and foundation landscaping.
17. A detailed site, lighting, sign, fencing and three (3) 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 Type B Landscape Buffer is required around the outdoor play area. This buffer shall contain a 42 inch high decorative fence or other approved fencing with a combination of four (4) canopy trees and fifteen (15) shrubs for every 100 linear feet; shall be noted on completed landscaping plan.
b. 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.
c. 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; shall be noted on completed landscaping plan.
d. The location, height and materials for any fencing to be installed and maintained; shall be noted on completed landscaping plan; and
e. The location and direction of any proposed lighting (lights are to be directed away from adjacent residential properties)
18. 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.
19. 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.
20. 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 sections of the Toledo Municipal Code, 1104.0701(C) 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:
1104.0701 Type A Family Day Care Home.
C. Location
In residential zoning districts, a Type A Family Day Care must have building frontage on a major street.
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