Label
Special Use Permit Daycare Center
4461 W. Alexis Rd.
Zoning & Planning Committee
Title
Granting a Special Use Permit, for a Daycare Center for a site located at 4461 W. Alexis Road, in the City of Toledo, Lucas County, Ohio; subject to certain conditions; and declaring an emergency.
Body
SUMMARY & BACKGROUND:
By application (SUP-5005-24) 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 4461 W. Alexis 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 a Special Use Permit for a Daycare Center for a site located at 4461 W. Alexis Road, in the City of Toledo, Lucas County, Ohio.
On August 13, 2024 Toledo City Council, Planning and Zoning Committee reviewed, and sent without a recommendation a request for a Special Use Permit for a Daycare Center for a site located at 4461 W. Alexis 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 a Special Use Permit for a Daycare Center for a site located at 4461 W. Alexis 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:
6 9 12 NE 1/4 N 1 AC W 110 FT N 7 AC W 1 4.50 AC E 1/2 S OF RD ALSO 16.50 FT BY 120 FT DEEP E & ADJ & EXC PT IN R
SECTION 2. That the approval of the Special Use Permit for a Daycare Center for a site located at 4461 W. Alexis Road, in the City of Toledo, Lucas County, Ohio shall be subject to compliance with the 29 conditions as follows:
The following twenty-nine (29) 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.
4. The City of Toledo public water systems does not appear to impacted by this project. Refer to comments provided by the Division of Water Distribution regarding private water mains and/or service lines.
5. Applicant is advised that some of the play areas coincide with the property’s existing drainage system to the creek.
6. Applicant is advised the storm drainage outfall to the creek is their responsibility to own and keep repaired to prevent against creek bank failure at the outfall
Division of Sewer and Drainage Services
7. S&DS requires that all existing private sewer lines that are not being removed or properly abandoned (both storm & sanitary) be cleaned and inspected.
8. 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
9. 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 storm water impacts from modification of the site, including but not limited to long-term operation and maintenance of existing structural and non-structural Best Management Practices.
10. Applicant shall maintain compliance with Ohio EPA’s General Stormwater NPDES permit programs.
11. Applicant is strongly encouraged to include multiple green infrastructure measures that can be included to minimize runoff and increase infiltration.
12. 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>
13. 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
14. It appears this building will undergo a change of use. This will require compliance with all Fire Sprinkler and Alarm, Building, Electrical, Mechanical and Plumbing code.
15. Approved Premises identification is required.
16. Key box(es) for access to buildings and areas restricted by fences and gates, etc.
17. The daycare shall be in compliance with the all the requirements of the Ohio Building code for use group “E” Daycare
Division of Transportation
18. Bicycle parking needs to relocated so parked bicycles do not block path of travel to ramp.
Plan Commission
19. 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.
20. Thirty-five (35) square feet of useable indoor space per person in care must be regularly available to the Type A Day Care. Acceptable as depicted on site plan.
21. 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. Acceptable as depicted on site plan.
22. A Day Care Center is required to have 1 parking space per 6-person capacity. The day care center will have forty-five (45) children which requires eight (8) parking spaces. The site plan depicts five (5) parking spaces and one (1) accessible space. This is not acceptable as depicted; two additional parking spaces shall be shown on a revised site plan.
23. 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.
24. Bicycle parking is required pursuant to Off-Street Parking Schedule “A” (TMC§1107.0300). A minimum of two (1) bicycle space shall be provided per ten (10) parking spaces. When bicycle parking is required, the minimum number of slots provided shall be two (2). This is not acceptable as depicted. Applicant shall relocate bicycle rack per condition 11 of the Division of Transportation.
25. 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§1108.0203(F), a Type B landscape buffer shall be provided around the play area. This buffer shall be a minimum of ten-feet (10’) in width and consist of
four (4) canopy trees and fifteen (15) shrubs installed every 100 linear feet. Pursuant to 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 the shrub requirements. Applicant has the option to request credit for the existing tree under TMC§1108.0407(B). Not acceptable as depicted. Applicant shall provide a landscape plan showing detail of existing and proposed plants;
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. 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;
d. The location and direction of any proposed lighting (lights are to be directed away from adjacent residential properties;
e. 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. Not acceptable as depicted. Applicant shall provide a landscape plan showing detail of existing and proposed plants;
f. 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.
26. 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.
27. Approval of the Special Use Permit will lapse after one (1) year if the criteria listed in TMC§1111.0707 have not been met.
28. 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.
29. 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.
Passed: September 11, 2024, as an emergency measure: yeas 12, nays 0.
Attest:
Julie A. Gibbons Carrie Hartman
Clerk of Council President of Council
Approved: September 11, 2024
Wade Kapszukiewicz
Mayor