Label
Zoning & Planning
1501 S. Detroit SUP
Title
Granting a Special Use Permit for a Tobacco Shop for the property located at 1501 S. Detroit Avenue, in the City of Toledo, Lucas County, Ohio; subject to certain conditions and declaring an emergency.
Body
SUMMARY & BACKGROUND:
By application (SUP-7007-24) filed with the City of Toledo Central Permit Center, a request for a Special Use Permit for a Tobacco Shop for the property located at 1501 S. Detroit Avenue, in the City of Toledo, Lucas County, Ohio; was submitted to the Toledo City Plan Commission for its review and recommendation.
On March 13, 2025, the Toledo City Plan Commission recommended disapproval for the request for granting a Special Use Permit for a Tobacco Shop for the property located at 1501 S. Detroit Avenue, in the City of Toledo, Lucas County, Ohio.
On April 16, 2025, the Toledo City Council Zoning and Planning Committee recommended disapproval for the request for granting a Special Use Permit for a Tobacco Shop for the property located at 1501 S. Detroit Avenue, in the City of Toledo, Lucas County, Ohio.
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 the property located at 1501 S. Detroit Avenue, 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:
GLENDALE PLACE LOT 58 TO 62 EXC N 10 FT
SECTION 2. That the approval of the granting of a Special Use Permit for a Tobacco Shop for the property located at 1501 S. Detroit Avenue, in the City of Toledo, Lucas County, Ohio, be subject to compliance with the 28 conditions as follows:
The following twenty-eight (28) 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
No comments or concerns.
Division of Water Distribution
No proposed water utility shown. No comments at this time.
Division of Sewer & Drainage Services
1. S&DS requires that all existing private sewer lines that are not being removed or properly abandoned (both storm & sanitary) be cleaned and inspected.
2. 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
3. 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.
4. Applicant shall maintain compliance with Ohio EPA’s General Storm Water NPDES permit programs.
5. Applicant is strongly encouraged to install permanent inlet filters with oil absorbent pillow in parking lot catch basins to treat stormwater.
6. Applicant is strongly encouraged to include multiple green infrastructure measures to minimize runoff and increase infiltration, and to minimize amount of new and/or additional impervious surface on site.
7. 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_plantspecies.pdf>.
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.
Fire Prevention Bureau
9. Interior remodeling will require compliance with all applicable Building, Fire, Electrical, Mechanical and Plumbing code requirements. (OBC105.1 & 101.4)
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 1107.0900.
13. Accessible parking signage must be posted directly in front of the parking space at a height of no less than 60" and no more than 72" above pavement level per TMC 1107.1704.
14. Traffic Management requests that the driveway closest to the intersection of Detroit and Glendale to be closed on Detroit Avenue.
15. Traffic Management requests that the driveway on Glendale Avenue be made an entrance only driveway with "Do Not Enter" signage posted to prevent traffic from using it as an exit.
Plan Commission
16. Per TMC§1104.1701 a tobacco shop shall not be located within 500 feet of any of the following uses: school, public park, public library, child day care center, or other use established specifically for the activities of minors. Schneider Park, situated to the southwest of the subject site across Detroit Avenue, is a public park that is within 500 feet of the proposed tobacco shop and therefore does not meet the spacing requirement.
17. The hours of operation shall be limited from 5:30 a.m. to 1 a.m., or other hours consistent with a liquor permit issued by the State of Ohio.
18. Per Off-Street Parking Schedule in TMC§1107.0304 the commercial space requires one (1) parking space per 300 square feet of floor area. A total of thirteen (13) parking spaces are required for this site. The site plan depicts thirty-one (31) parking spaces. Acceptable as depicted.
19. Per Off-Street Parking Schedule in TMC§1107.0304 one (1) bicycle parking slot is required per ten (10) parking spaces; or per TMC§1107.0901(B). A total of four (4) bicycle slots are required for this site. There are not bicycle paking slots depicted on the site plan. Not acceptable as depicted. Four (4) bicycle slots shall be provided and shown on a revised site plan.
20. Per TMC§1107.1701 one (1) auto accessible space and one (1) van accessible space is required. The site plan depicts two (2) van accessible parking spaces. Acceptable as depicted.
21. Per TMC§1107.1907 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. The site plan depicts wheel stops for all parking spaces except for the parking spaces along the east sideof the parking lot. Not acceptable as depicted. Wheel stops shall be provided for the parking spaces along the east side of the site and shown on a revised site plan.
22. A detailed site, lighting, fencing and four (4) copies of a revised landscape plan (separate from building & site plans) shall be submitted to the Plan Director for review and approval. Such plan shall include:
a. The existing guard rail along the east and south property lines shall be removed.
b. All overgrown plant material and weeds shall be removed. Any viable shrubs in front of the building along Glendale and Detroit Avenues shall be trimmed. Supplemental plant material shall be provided to enhance the remaining plant material and to meet the required foundation plantings along Glendale and Detroit Avenues per TMC§1108.0205.
c. The existing fence along the south edge of the parking lot shall be replaced.
d. A landscape buffer shall be provided along the east property line that includes one (1) tree per thirty (30) linear feet and a solid/continuous evergreen hedge to screen the parking area from the adjacent right-of-way and residential uses.
e. Per TMC§1108.0203 dumpsters are required to be screened on all sides with any combination of evergreen plantings, fence, or wall that is a minimum in height of six feet.
f. Topsoil must be back filled to provide positive drainage of the landscape areas.
g. 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.
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.
i. The location and direction of any proposed lighting (lights are to be directed away from adjacent residential properties).
j. The location, lighting and size of any signs.
23. Landscaping shall be installed and maintained indefinitely.
24. All proposed signage for the site shall be meet the requirements of TMC§1113.000. A sign permit application shall be submitted and approved for all signage.
25. 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.
26. 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.
27. 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.
28. Approval of the Special Use Permit will lapse after one (1) year if the criteria listed in TMC§1111.0707 have not been met.
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 _____, 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