Label
SUP: 27 S. Reynolds Road
Zoning & Planning Committee
Title
Granting a Special Use Permit for a tobacco shop for a site located at 27 S. Reynolds Road, in the City of Toledo, Lucas County, Ohio; subject to certain conditions and declaring an emergency.
Body
SUMMARY & BACKGROUND:
By application (SUP-6003-24) filed with the City of Toledo Central Permit Center, a request for a Special Use Permit for a tobacco shop for a site located at 27 S. Reynolds Road, in the City of Toledo, Lucas County, Ohio; was submitted to the Toledo City Plan Commission for its review and recommendation.
On July 11, 2024, the Toledo City Plan Commission recommended approval for the request for granting a Special Use Permit for a tobacco shop for a site located at 27 S. Reynolds Road, in the City of Toledo, Lucas County, Ohio;
On August 13, 2024 Toledo City Council, Planning and Zoning Committee reviewed, and recommended disapproval for a Special Use Permit for a school for a site located at 27 S. Reynolds Road, 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 tobacco shop for a site located at 27 S. Reynolds Road, 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:
Parcel no 20-15451
2 12 NW 1/4 W 6.70 AC N 1/2 NW 1/4 EXC 133.68 FT ON N LINE N 270.02 FT ON W LINE & EXC S 387.89 FT ON W LINE & EXC PT IN RD SUBJ TO LEGAL HWYS
SECTION 2. That the approval of the granting of a Special Use Permit for a tobacco shop for a site located at 27 S. Reynolds Road, in the City of Toledo, Lucas County, Ohio; be subject to compliance with the 24 conditions as follows:
The following twenty-four (24) conditions 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. The City of Toledo public water does not appear to be impacted by this project. Refer to comments provided by the Division of Water Distribution regarding private water mains and/or service lines.
Division of Sewer and Drainage Services
2. S&DS requires that all existing private sewer lines that are not being removed or properly abandoned (both storm & sanitary) be cleaned and inspected.
3. 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
4. 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.
5. Applicant shall maintain compliance with Ohio EPA’s General Storm Water NPDES permit programs.
6. Applicant is strongly encouraged to install permanent inlet filters with oil absorbent pillow in parking lot catch basins to treat stormwater.
7. 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.
8. 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.
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>
Fire Prevention
10. New and existing buildings shall be provided with approved address identification that meets Building & Fire Code requirements. (OBC 501.2 & OFC 505.1)
11. A fire safety inspection is required prior to occupancy. (OFC105.3.3.2)
Division of Transportation:
12. Bicycle parking is required per TMC§1107.1300.
13. Parking spots, drive aisles and driveways are required to be dimensioned per TMC§1107.1911.
14. Traffic Management requests the property line be brought into alinement with the right-of-way line of Reynolds Road and Hill Avenue.
Plan Commission
15. The hours of operation of a tobacco shop may be limited to 5:30 a.m. to 1:00 a.m., or other hours consistent with a liquor permit issued by the State of Ohio.
16. 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.
17. Per TMC§1107.0400 - Schedule B, tobacco shops require one (1) parking space per 300 square feet of floor area. The target building unit is 1,800 square feet and requires at least six (6) parking spaces. The site has forty-seven (47) existing spaces which is enough to serve the tobacco shop and the other use at the site. This is acceptable as depicted.
18. A portion of the total number of required off-street parking spaces must be specifically designated, located, and reserved for use by persons with physical disabilities. The existing off-street parking includes two accessible spaces with the required drive aisles. This is acceptable as depicted.
19. Bicycle parking is required pursuant to Off-Street Parking Schedule “A” (TMC§1107.0300). A minimum of one (1) bicycle space shall be provided per ten (10) parking spaces. This is not acceptable as depicted. A revised site plan depicting a bicycle rack for six (6) bicycles shall be provided.
20. 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. Per TMC§1108.0202, a fifteen-foot (15’) greenbelt is required along the property line fronting Reynolds Road and Hill Avenue. At least one tree must be provided for every thirty feet (30’) of lot frontage or fraction thereof. The frontage greenbelt shall also include a solid evergreen hedge to screen parking in the front of the property and prevent headlights from being seen from the right-of-way. Seven (7) trees and a continuous shrub shall be provided along Reynolds Road. The same number of trees and a continuous shrub is required along Hill Avenue. The submitted site plan shows three (3) trees and shrubs along a portion of both Hill Avenue and Reynolds Road. This not acceptable as depicted. A revised site plan depicting the required trees and shrubs along all parking spaces in the front shall be submitted subject to the approval of the Plan Director;
b. Two (2) canopy trees and six (6) shrubs are required to be installed in interior landscape areas for each ten (10) parking spaces. A total of ten (10) trees and thirty (30) shrubs are required in the interior parking. The submitted site plan shows the required landscape islands with a total of four (4) trees and seventeen (17) shrubs. This is not acceptable as depicted. A revised landscape plan depicting the additional required trees and shrubs shall be submitted subject to the approval of the Plan Director;
c. Landscape areas within the parking area must be peninsular or island types and must be constructed with six-inch by eighteen-inch (6”x18”) concrete curbing, cast-in-place, extruded, or by some other process approved by the Planning Director. This is acceptable as depicted;
d. 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;
e. All 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;
f. The location and direction of any proposed lighting (lights are to be directed away from adjacent residential properties;
g. 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;
h. Because the site is greater than ½ acre large, 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
21. 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.
22. Approval of the Special Use Permit will lapse after one (1) year if the criteria listed in TMC§1111.0707 have not been met.
23. 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.
24. 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. 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 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 12, nays 0.
FAILED: September 11, 2024: yeas 3, nays 9.