Label
SUP Daycare
4023 Beverly
Title
Granting a Special Use Permit for a Daycare Center for a site located at 4023 Beverly Drive, in the City of Toledo, Lucas County, Ohio; subject to certain conditions, granting of a waiver; and declaring an emergency.
Body
SUMMARY & BACKGROUND:
By application (SUP-11001-23) filed with the City of Toledo Central Permit Center, a request for a Special Use Permit for a Daycare Center for a site located at 4023 Beverly Drive in the City of Toledo, Lucas County, Ohio; was submitted to the Toledo City Plan Commission for its review and recommendation.
On January 11, 2024, the Toledo City Plan Commission recommended approval for the request for granting a Special Use Permit for a Daycare Center for a site located at 4023 Beverly Drive in the City of Toledo, Lucas County, Ohio;
On February 13, 2024 Toledo City Council, Planning and Zoning Committee reviewed, and recommended approval the request for a Special Use Permit for a Daycare Center for a site located at 4023 Beverly Drive 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 Daycare Center for a site located at 4023 Beverly Drive 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:
The Land referred to herein below is situated in the County of Lucas, State of Ohio, and is described as follows:
Lots numbers ninety-three (93), ninety-four (94), ninety-five (95), ninety-six (96), ninety-
seven (97), ninety-eight (98), ninety-nine (99), one hundred (100), one hundred one (101), one hundred two (102), one hundred three (103), one hundred four (104), and the Southwest fifty-five (55) feet of Lot number one hundred five (105), all in Hiett's Beverly Boulevard Addition in the City of Toledo, Lucas County, Ohio, in accordance with Volume 40 of Plats, page 33.
LESS AND EXCEPTING:
A parcel of land being Lot 93 and parts of Lots 94, 104 and 105 in Hiett's Beverly Boulevard Addition, a Subdivision in the City of Toledo, as recorded in Volume 40 of Plats, page 33, Lucas County, Ohio, records, which is more particularly bounded and described as follows (all iron rods set mentioned in this description are 1/2 inch diameter topped with a surveyor's cap numbered 7083):
Commencing at a found iron pipe at the intersection of the Southeast right-of-way line of Beverly Drive (60 'foot wide right-of-way) and the Southwest right-of-way line of Medford Drive (80 foot wide right-of-way);
Thence South 29 degrees-41'-00" West, a distance of 900.03 feet measured (900,00 feet record), to a found iron pipe at the most Northerly corner of said Lot 93, said iron pipe being the point of Beginning for the hereinafter described parcel;
Thence South 60 degrees-19'-00" East along the Northeast line of said Lot 93 and its extension Southeasterly and also being along the Southwest line of a parcel of land recorded in Deed Number 99-500-D07, Lucas County, Ohio records, a distance of 135.00 feet to a set iron rod;
Thence South 29 degrees-41'-00" West, parallel with the Southeast right-of-way line of Beverly Drive, a distance of 70.00 feet to a set railroad spike;
Thence North 60 degrees-19'-00" West a distance of 135.00 feet to a set iron rod on the Northwest line of said Lot 94, also being the Southeast right-of-way line of Beverly Drive;
Thence North 29 degrees-41'-00" East along the Southeast right-of-way line of Beverly Drive, a distance of 70.00 feet to the point of beginning.
Containing 0.217 acres of lanq, more or less (9,450 square feet), but subject to legal highways, and subject to all legal easements, restrictions, leases of record and of records in respective utility offices and other conveyances, if any.
Bearings referred to hereon are based upon the bearing of North 29 degrees-41' - 00" East or the right-of-way lines of Beverly Drive as shown on the record plat of Hiett's Beverly Addition.
Parcel No.: 07-17685
A/KIA: 4023 Beverly Drjve, Toledo, OH 43614
SECTION 2. That the approval of the granting of a Special Use Permit for a Daycare Center for a site located at 4023 Beverly Drive in the City of Toledo, Lucas County, Ohio;; be subject to compliance with the 34 conditions as follows:
The following thirty-four (34) conditions are 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, 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.
Division of Sewer and Drainage Services
4. S&DS requires that all existing private sewer lines that are not being removed or properly abandoned (both storm & sanitary) be cleaned and inspected.
5. 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
6. 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.
7. Applicant shall maintain compliance with Ohio EPA’s General Storm Water NPDES permit programs.
8. Applicant is strongly encouraged to include multiple green infra-structure measures to minimize runoff and increase infiltration, and to minimize the amount of new and/or additional impervious surface on the site.
9. 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_plant_species.pdf>
10. 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
11. This building already has a Certificate of Occupancy for a Day Care at this location. (issued June 2, 2023). Compliance is required with all applicable Building, Fire, Electrical, Mechanical and Plumbing code requirements. (OBC105.1 & 101.4)
12. We noticed two different addresses for this building. I reached out to the owner and was told the Beverly Dr. address will be the correct address used. New and existing buildings shall be provided with approved address identification that meets Building Code requirements. (OBC 501.2)
13. A Fire Safety Inspection was conducted May 25, 2023. One item is still outstanding, Fire Alarm system requires annual inspection per Ohio Fire Code. Please have this completed. (OFC907.8 & NFPA72, Table 14.4.3.2)
14. A fire safety inspection is required prior to occupancy. (OFC105.3.3.2)
Division of Transportation
15. Bicycle parking is required per TMC§1107.0900.
16. Two auto and one van accessible parking spots with 8’ loading aisle for van and 5’ loading aisle for auto is required per TMC§1107.1701 & 1107.1702.
17. Accessible parking signage is required per TMC§1107.1704.
18. All parking, driveways, and drive aisles must be clearly shown with dimensions per TMC§1107.1911.
19. If one does not already exist, a cross access agreement is required across all parcels where driveways and parking areas crosses property lines.
Plan Commission
20. Per TMC§1107.1906 All off-street parking, loading, and other vehicle circulation areas shall be graded and continuously maintained and designed to preclude free flow of stormwater across or onto adjacent lots, properties, or streets.
21. Thirty-five (35) square feet of useable indoor space per person in care must be regularly available to the Day Care Center. Acceptable as depicted on site plan.
22. Sixty (60) square feet of useable outdoor space must be provided for each person in care using the outdoor area at any one time. A Type B landscape buffer shall be provided around the outdoor space. Not acceptable as depicted. A Type B landscape buffer shall be provided around the outdoor play area on a revised site plan.
23. Per TMC§1106.0101, the front setback for RS6-Single Family Residential districts is 25’. The proposed addition to the outdoor play space is within the setback and shall therefore be moved. Not acceptable as depicted on site plan. Applicant shall move the play space out of the front setback and show changes on a revised site plan.
24. Per TMC§1107.0302, the number of parking spots on the site plan exceeds 150% the maximum parking required, and therefore requires approval of an Alternative Parking Plan.
25. Per TMC§1107.1202(A)(1), parking is not allowed within the front yard in residential districts except detached houses, attached houses and duplexes where parking is allowed in the driveway. Not acceptable as depicted on site plan. Applicant shall obtain a waiver from TMC§1107.1202(A)(1).
26. One (1) van-accessible parking space and two car-accessible spaces shall be required. Not acceptable as depicted on site plan. The van-accessible loading aisle shall be a minimum of eight feet (8’) wide and the car-accessible loading aisle shall be a minimum of five feet (5) wide.
27. A paved off-street area for dropping off and picking up persons in care at the facility must be provided and approved by the Division of Transportation; Acceptable as depicted on site plan.
28. Per TMC§1107.0900, five (5) bike parking spaces are required. Not acceptable as depicted. Bike parking spaces shall be shown on a revised site plan.
29. Per TMC§1108.0202(B)(3), A fifteen-foot (15’) greenbelt is required along Beverly Drive, Beechway Boulevard, Copland Boulevard, and the Anthony Wayne Trail. The existing landscaping is acceptable as depicted.
30. All existing landscape material must be properly maintained. No approved plant material shall be removed for any reason without being replaced with like kind, or without submitting a revised landscape plan to the Planning Director for review or approval.
31. 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.
32. Approval of the Special Use Permit will lapse after one (1) year if the criteria listed in TMC§1111.0707 have not been met.
33. 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.
34. 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 Section 1107.1200 of the Toledo Municipal Code for the zoning maps attached to Part 11, Planning and Zoning, Toledo Municipal Code, for the property located at 4023 Beverly Drive, in the City of Toledo, Lucas County, Ohio.
Chapter 1107 - Parking, Loading, and Access
Sec. 1107.1200 - Location
TMC§1107.1202(A) - Setbacks in Residential Districts
1. No parking space may be located within the front yard, except that parking spaces for detached houses, attached houses, and duplexes may be located on a driveway.
Approve a waiver to allow parking in the front yard to accommodate additional spaces adjacent to the pick-up/drop-off area.
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