Label
Zoning & Planning Committee
Title
Granting an amendment to a Special Use Permit for a used auto sales facility for a site located at 4449 and 4455 Secor Road, in the City of Toledo, Lucas County, Ohio; subject to certain conditions and a waiver; declaring an emergency.
Body
SUMMARY & BACKGROUND:
By application (SUP-3002-18) 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 4449 and 4455 Secor Road, 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 4449 and 4455 Secor Road, 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 4449 and 4455 Secor Road, 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 4449 and 4455 Secor Road, 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 OVERALL CR ZONING (PARCEL ID# 22-12003 & 22-12031)
A parcel of land being part of the Southeast Quarter (1/4) of Section 18, Town-9-South, Range- 7-East, City of Toledo, Lucas County, Ohio, which is more particularly bounded and described as follows;
Commencing at a found Roadway Monument at the Centerline of Secor Road, also being the Northeast Corner of said Southeast Quarter (1/4) of Section 18;
thence S87°59’08”E, on and along a line being the extension of the South line of a parcel currently or formerly owned by Viviano LTD as recorded in Document number 96-0515E02 in the Lucas County Recorder’s Office, a distance of 50.01’ (feet) to a set Iron Pin on the Westerly Right of Way of said Secor Road (R/W Varies), also being the True Point of Beginning for the Overall CR Zoning;
thence S00°41’22”E, on and along a line being said Westerly Right of Way of Secor Road (R/W Varies), a distance of 207.97’ (feet) to a set Iron Pin on a Northerly line of a parcel currently or formerly owned by James G. & Joan M. Keeler as recorded in Document number 99-507D08 in the Lucas County Recorder’s Office, and passing a set Iron Pin at 149.95’ (feet);
thence S87°59’08”W, on and along a line being a said Northerly line of a parcel currently or formerly owned by James G. & Joan M. Keeler as recorded in Document number 99-507D08 in the Lucas County Recorder’s Office, a distance of 100.03’ (feet) to a set Iron Pin;
thence N00°41’22”W, on and along a line being parallel and 100.00’ (feet) Westerly of said Westerly Right of Way of Secor Road (R/W Varies), also being a Easterly line of said parcel currently or formerly owned by James G. & Joan M. Keeler as recorded in Document number
99-507D08 in the Lucas County Recorder’s Office, a distance of 10.00’ (feet) to a set Iron Pin on the Northerly line of said parcel currently or formerly owned by James G. & Joan M. Keeler as recorded in Document number 99-507D08 in the Lucas County Recorder’s Office;
thence S87°59’08”W, on and along a line being the said Northerly line of a parcel currently or formerly owned by James G. & Joan M. Keeler as recorded in Document number 99-507D08 in the Lucas County Recorder’s Office, also being the Northerly line of Lots 14, 15, and 16 of Fullers Forest Grove as recorded in Volume 59, Page 8 in the Lucas County Recorder’s Office, a distance of 400.28’ (feet) to a point;
thence N00°41’22”W, on and along a line being parallel and 500.18’ (feet) Westerly of said Westerly Right of Way of Secor Road (R/W Varies), a distance of 197.96’ (feet) to a point on the Southerly line of Lot 49 of Forest Grove Plat 5 as recorded in Volume 57, Page 67 in the Lucas County Recorder’s Office;
thence N87°59’08”E, on and along a line being said Southerly line of Lot 49 of Forest Grove Plat 5 as recorded in Volume 57, Page 67 in the Lucas County Recorder’s Office, also being said South line of a parcel currently or formerly owned by Viviano LTD as recorded in Document number 96-0515E02 in the Lucas County Recorder’s Office, a distance of 500.31’ (feet) to the True Point of Beginning for the Overall CR Zoning;
Containing an area of 2.296 Ac., 100,014 SF of land more or less and subject to all legal highways, leases, easements and restrictions of record.
NOTES:
Bearings used in the above description are based off the Centerline of Secor Road (R/W varies), also being the East line of the Southeast Quarter (1/4) of section 18, with a Corresponding bearing of S00°41'22"E.
Bearings are for the express purpose of showing angular measurement only.
The land in the above description is contained all within Lucas County Permanent Parcel Number 22-12003 & 22-12031.
The land in the above description being part of a parcel as recorded in Official Record Deed 20150327-0011461 & 20170419-0016763 in Lucas County Recorder’s Office.
All iron pins set are 5/8" diameter rebar x 36" long with a cap marked "Bryan D. Ellis 8292"
SECTION 2. That the approval of the amendment to a Special Use Permit for an auto sales facility for a site located at 4449 and 4455 Secor Road, City of Toledo, Lucas County, Ohio; shall be subject to compliance with the 44 conditions as follows:
The following forty-four (44) 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. 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: 419-245-1341
Roadway: 419-245-1344
Water: 419-936-2163
Stormwater Drainage: 419-245-3221; 419-245-1338
Sanitary Sewers: 419-936-2276
2. 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.
3. 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.
4. 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 (419) 245-1341 for inspection of above mentioned items.
5. Existing water services, to structures that are to be removed from the site, will be abandoned by the City of Toledo at the owner/developer’s expense.
6. The City of Toledo requires that all sites proposing earth disturbing activities of 2,500 sq. ft. or more (including an overall common plan of development) and/or the installation of storm sewer services be reviewed and approved by the Division of Engineering Services prior to the start of any construction or earth disturbing work (grading, clearing, stockpiling, etc.)
7. The following documents shall be submitted to the Division of Engineering Services for stormwater review & approval:
• Detailed site grading plan
• Plans and calculations for storm sewer service, stormwater detention and post-construction best management practices (BMP’s).
• A Stormwater Pollution Prevention Plan (SWP3) - including a completed submittal cover sheet, contact list, contractor certification form and Ohio EPA SWP3 checklist. The links to these documents can be found at http://www.tmacog.org/storc/swp3.htm.
• Long term maintenance plan and maintenance agreement for Detention and Post-Construction BMP’s for long term maintenance of the private facilities. Stormwater Detention and Post-Construction BMP’s are required to be maintained into perpetuity.
8. Submittals shall be in compliance with the latest version of the City of Toledo’s Infrastructure Design and Construction Requirements http://toledo.oh.gov/services/public-utilities/engineering-services/plan-review-process/
9. All developments are required to provide Stormwater detention, post-construction stormwater best management practices (BMP’s) and a stormwater pollution prevention plans (SWP3) plans, in compliance with the latest version of the City of Toledo’s Infrastructure Design and Construction Requirements, for all area(s) disturbed regardless of pre-and post-construction land use.
10. Nonresidential properties which have 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. Information on this program can be found at http://toledo.oh.gov/services/public-utilities/engineering-services/stormwater-utility-credit-program/
11. City of Toledo does not have a complete record for the existing storm sewer system on site and per the City’s MS4 permit all storm sewers must be mapped. The Developer shall verify the location and outlet of the private storm system and provide that information to the City of Toledo Division of Engineering Services. A note has been included on the plans for the contractor to verify before construction. This information shall be noted on As-builts and submitted to the City.
12. All storm drainage must be internal and not run off onto adjacent properties.
13. No construction work, including any earth disturbing work will be permitted without approved plans.
14. If there are any existing structures to be demolished at the site, the sanitary services to such structures will be killed by the City of Toledo at the developers cost.
15. Any previous kills that were not done at the right-of-way line shall be re-killed at the right-of-way to eliminate any active pipes on the property.
Sewer and Drainage Services
16. All private sewer lines that are not being removed or properly abandoned (both storm & sanitary) be cleaned and inspected.
17. 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.
Division of Environmental Services
18. Applicant shall maintain compliance with the City of Toledo’s Stormwater regulations as specified in the Toledo Municipal Code.
19. Applicant shall maintain compliance with Ohio EPA’s General Stormwater NPDES permit programs.
20. Any green infrastructure measures that can be included to minimize runoff and increase infiltration are highly advisable.
21. 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 stormwater impacts from the modification, including but not limited to long-term operation and maintenance of both structural and non-structural Best Management Practices.
22. 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 the Asbestos and Anti-Noise Laws.
Division of Transportation
23. North driveway to be one-way traffic only with “do not enter” signs posted.
24. Three (3) auto accessible parking spaces and one (1) van accessible parking space required per TMC 1107.
25. Wheel stops at all parking spots perpendicular to buildings per TMC 11107.
26. The approval of the Special Use Permit is subject to the approval of the companion Zone Change (Z-3001-18) from RS6, RS12 Single Dwelling Residential & CR Regional Commercial to CR Regional Commercial which allows for Used Auto Sales.
27. All lots of the development site shall be combined into a single taxable parcel identification number.
28. Pursuant to TMC§1107.0304, a Used Auto Sales facility is required to have one (1) parking space per every 5,000 square feet of open sales area, plus one (1) parking space per every 500 square feet of enclosed sales area, plus one and one-half (1.5) parking spaces for each service bay. A minimum of forty-six (46) customer parking spaces shall be provided. Acceptable as depicted on revised site plan received 8/30/2018.
29. All spaces reserved for the use by persons with physical disabilities shall adhere to the standards outlined in TMC§1107.1700; not acceptable as depicted on site plan. Two (2) additional automobile handicap accessible parking spaces shall be depicted on a revised site plan.
30. Pursuant to TMC§1104.0308, 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.
31. Elevated displays lifts or metal structures used in conjunction with the display of motor vehicles shall be permitted only within those areas specifically designated upon the Site Plan and shall not be allowed in any required front yard (TMC§1104.0302(A)); if applicable.
32. 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.
33. Repairs and services of vehicles shall be conducted wholly within an enclosed building permanently located on the site.
34. Off-street parking and loading spaces, parking lots, maneuvering areas, aisles and driveways must be surfaced with concrete, bituminous asphalt, or other dust-free material other than gravel or loose fill, and be graded to drain all surface water towards the interior of the parking lot.
35. 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)).
36. If the buildings are modified in the future, the building design shall meet the requirements of TMC§1109.0500 Building Façade Materials and Color. Exterior building materials shall not include concrete blocks, concrete panels or wood sheet goods as a predominant material. EIFS may not constitute more than 15% of the exterior for facades visible from the public right-of-way. The façade colors shall be low-reflectance, subtle, neutral or earth tone colors.
37. Dumpster location(s) shall be clearly defined, have a concrete pad and be surrounded by a solid wooden fence or a masonry screen enclosure with landscaping and shall not be located in any required setbacks or the public right-of-way as stated in TMC§1361.10(b)(10) of the Building Code (if applicable).
38. No free-standing signs greater than forty-two inches (42”) from grade are permitted - proposed signage must meet the requirements of low-profile signs per Toledo Municipal Code Title Nine - Sign Code.
39. 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 Secor Road frontage, and shall include one (1) tree for every thirty-foot (30’) of frontage. Calculations conclude that a total of eight (8) trees are required in the frontage greenbelt. A continuous hedge or shrub row shall be installed in order to screen the parking lot and headlights from public view. Acceptable as depicted on landscaping plan.
b. A Type A Landscape Buffer is required along the north, west and south property lines where the site abuts residential zoning. This buffer shall include a minimum of ten-feet (10’) of landscaping with four (4) trees and fifteen (15) shrubs for every 100 linear feet and a solid wood or vinyl privacy fence or wall six-to-eight feet (6’-8’) in height; not acceptable as depicted on site plan. A revised landscaping plan shall be submitted accurately depicting a Type A Landscape Buffer with four (4) canopy trees and fifteen (15) shrubs for every 100 linear feet, in areas where viable along the adjacent residential zoning districts.
c. A Type B Landscape Buffer is required along the northern property line where the site abuts a CO Office Commercial zoning district. This buffer shall include a minimum of ten-feet (10’) of landscaping with four (4) trees and fifteen (15) shrubs for every 100 linear feet. A total of sixteen (16) trees and fifty-eight (58) shrubs are required in this area. Per TMC§1108.0203(D)(2), a fence, wall, or berm six-feet (6’) to eight-feet (8’) in height may be used and can substitute for shrub requirements; not acceptable as depicted on site plan. Applicant shall obtain a waiver to TMC§1108.0203(F), for a ten-foot (10’) reduction to the required Type B Landscape Buffer and allow the six-foot (6’) privacy fence to substitute for the tree and shrub requirements.
d. In all Commercial and Industrial districts, fencing to screen open storage areas from public view, except display areas for customer viewing, shall be required in accordance with TMC§1108.0203(H).
e. Stormwater facilities and bioretention areas are subject to all applicable requirements as listed in TMC§1108.0203(I) & TMC§1108.0206. Traditional detention/retention ponds are prohibited in the frontage greenbelt.
f. Perimeter landscaping must be installed along any parking lot area adjacent to a street, place or driveway, or which is visible from an adjacent property, and shall be ten feet (10’) in width; not acceptable as depicted on site plan. Shall be noted on revised landscaping plan.
g. Foundation plantings for the full street-facing building elevation; and landscape areas at major building entrances; not acceptable as depicted on landscaping plan. Shall be noted on revised landscaping plan.
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.
i. 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.
j. Topsoil must be back filled to provide positive drainage of the landscape area.
k. 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.
l. The location, height and materials for any fencing to be installed and maintained; and
m. The location and direction of any proposed lighting (lights are to be directed away from adjacent residential properties).
40. 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.
41. Approval of the Special Use Permit will lapse after one (1) year if the criteria listed in TMC§1111.0707 have not been met.
42. 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.
43. 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.
44. The business hours of operations shall be limited from 8:00 AM to 6:00 PM EST on Monday - Saturday, closed on Sunday.
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 at4449 & 4455 Secor Road, in the City of Toledo, Lucas County, Ohio:
Chapter 1108 Landscaping and Screening
Sec. 1108.0203 Buffer and Screening Requirements - F. Type B Landscape Buffer
Approve a waiver of ten-feet (10’) of the required Type B Landscape Buffer, to allow zero-feet (0’) with a six-foot (6’) privacy fence.
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