Label
Zoning & Planning Committee
Title
Granting a Special Use Permit for a Drug and Alcohol Treatment Facility for a site located at 727-735 Euclid Avenue and 732 Main Street, in the City of Toledo, Lucas County, Ohio; subject to certain conditions and declaring an emergency.
Body
SUMMARY & BACKGROUND:
By application (SUP-6006-18) filed with the City of Toledo Central Permit Center, a request for a Special Use Permit for a Drug and Alcohol Treatment Facility for a site located at 727-735 Euclid Avenue and 732 Main Street, in the City of Toledo, Lucas County, Ohio; was submitted to the Toledo City Plan Commission for its review and recommendation.
On August 9, 2018, the Toledo City Plan Commission recommended approval for a Special Use Permit for a Drug and Alcohol Treatment Facility for a site located at 727-735 Euclid Avenue and 732 Main Street, in the City of Toledo, Lucas County, Ohio.
On September 12, 2018, Toledo City Council, Planning and Zoning Committee reviewed, and sent as approved a Special Use Permit for a Drug and Alcohol Treatment Facility for a site located at 727-735 Euclid Avenue and 732 Main Street, 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 Drug and Alcohol Treatment Facility for a site located at 727-735 Euclid Avenue and 732 Main Street, 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:
Property Location: 732 Main (included in the zoning change request)
Tax District and Parcel NO: 0601334
Assessor NO: 08236007
GARNERS ADDITION LOT 5 S 5 FT & LOTS 6 & 7 & N 36 FT LOT 8 SEE 06-01335 FOR TAXABLE P ORTION #6161
Property Location: 727 Euclid, Toledo, Ohio 43605
Tax District and Parcel NO: 1631707
Assessor NO: 08236019
WOODRUFFS SUBDN NE 1/4 SW 1/4 8 10 6 LOT 5 N 41 FT S 125 FT PT E OF ID ETC
Property Location: 731 Euclid, Toledo, Ohio 43605
Tax District and Parcel NO: 1631704
Assessor NO: 08236018
WOODRUFFS SUBDN NE 1/4 SW 1/4 8 10 6 LOT 5 S 40 FT P T E OF EUCLID AVE & S OF STARR AVE EX SLY TRI 5 FT 10 INCHES REAR
Property Location: 735 Euclid, Toledo, Ohio 43605
Tax District and Parcel NO: 1631701
Assessor NO: 08236017
WOODRUFFS SUBDN NE 1/4 SW 1/4 8 10 6 LOT 5 S 40 FT P T E OF EUCLID AVE & S OF STARR AVE EX SLY TRI 5 FT 10 INCHES REAR
SECTION 2. That the approval of the Special Use Permit for a Drug and Alcohol Treatment Facility for a site located at 727-735 Euclid Avenue and 732 Main Street City of Toledo, Lucas County, Ohio; shall be subject to compliance with the 37 conditions as follows:
The following thirty seven (37) 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: ph. 419-245-1341
Roadway: ph. 419-245-1344
Water: ph. 419-936-2163
Stormwater Drainage: 419-245-3221; 419-245-1338
Sanitary Sewers: ph. 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. Water service is available subject to the Rules and Regulations of the Department of Public Utilities.
6. Plans for new water service or modifications to the existing water service shall be submitted to the Division of Engineering Services for review and approval.
7. Plans for new water meter or modifications to the existing water meter shall be submitted to the Division of Water Distribution for review and approval.
8. All commercial properties are required to have approved backflow protection devices installed on the domestic water service and fire protection lines. Installation of the devices must be verified by the Division of Water Distribution and all devices must be registered with BSIonlinetracking.com @ 800-414-4990. In the case of renovation, expansion or modification projects, all existing backflow devices must be verified and registered. Where devices are missing, they shall be added. Contact the Division of Water Distribution (419-245-1395) to verify the backflow prevention requirements for this site.
9. The design professional and/or property owner shall submit written documentation to the Division of Water Distribution that no changes are being made to the existing water service, meter setting or backflow protection device and that these devices are properly installed, tested and in good working order. The City, at its discretion, has the authority to mandate the entire service, including meter and backflow prevention device, be brought into compliance with current City of Toledo standards.
10. Contact the City of Toledo Fire Prevention Bureau (419-245-1263) to verify the fire protection requirements for this site.
11. Plan commission submittal does not detail any revisions to the existing site that will require earth-disturbing activity of 2,500 or more square feet, nor are any changes shown to the existing storm sewer system. Therefore, it appears that there are no items requiring a stormwater plan review by the Division of Engineering Services. However, if revisions are made to the site plan that will result in earth-disturbing activity of 2,500 or more square feet or cause changes to the existing storm sewer, a full site plan review and approval will be required by the Division of Engineering Services. Plans will be subject to the rules and regulations of the City of Toledo, Stormwater Utility, including stormwater detention and post-construction stormwater BMPs as specified in the City of Toledo Infrastructure Design and Construction Requirements and the Ohio EPA NPDES General Stormwater Permit for Construction Activities.
12. Any person performing earth-disturbing activities within the City of Toledo shall employ Construction Best Management Practices (BMPs) to provide sediment and erosion control during construction. Construction BMP’s shall be designed and installed per the latest Ohio EPA General Stormwater NPDES permit.
13. All private sewer lines that are not being removed or properly abandoned (both storm & sanitary) be cleaned and inspected.
14. 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
15. Applicant shall maintain compliance with the City of Toledo’s Stormwater regulations as specified in the Toledo Municipal Code.
16. Applicant shall maintain compliance with Ohio EPA’s General Stormwater NPDES permit programs.
17. Any green infrastructure measures that can be included to minimize runoff and increase infiltration are highly advisable.
18. 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 sources of pollutants in the stormwater runoff, including but not limited to long-term operation and maintenance of both structural and non-structural Best Management Practices.
19. 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
20. Must show 3 bicycle parking spaces per TMC 1107
21. Parking spaces need to be 9’X18’ and label with dimensions per TMC 1107.
22. 8’ loading area for Van Accessible Parking per TMC 1107.
23. Handicap Parking signs per TMC 1107.
24. Must show lane arrows for one-way traffic per TMC 1107.
25. Do not enter signs must be shown and posted for one-way traffic per TMC 1107.
Plan Commission
26. The approval of the Special Use Permit is subject to the approval of the companion Zone Change (Z-2001-18) from CO Office Commercial to CR Regional Commercial, which allows for the Residential Drug & Alcohol Treatment Facility.
27. 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. The loading zone shall be depicted on a revised site plan.
28. Bicycle parking slots shall be provided pursuant to Off-Street Parking Schedule “A” (TMC§1107.0300). Off-Street Parking Schedule “A” requires one (1) bicycle parking slot per ten (10) parking spaces. A minimum of three (3) bicycle parking spaces shall be provided and depicted on a revised site plan.
29. 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).
30. 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)).
31. 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.
32. No new free-standing signs greater than forty-two inches (42”) from grade are permitted - any proposed signage must meet the requirements of low-profile signs per Toledo Municipal Code Title Nine - Sign Code.
33. 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 Main Street and Euclid Avenue frontages and shall include one (1) tree per every thirty-foot (30’) of frontage. Trees are not required to be evenly spaced and may be clustered. Not acceptable as depicted on site plan. A minimum of five (5) trees shall be installed along Main Street and Euclid Avenue. Shall be depicted on a completed landscaping plan.
b. A Type A Landscape Buffer is required along the sides of the property where it abuts the residential zoning districts. The Type A Landscape Buffer shall be a minimum of ten-feet (10’) in width with a solid privacy fence, wall, or berm six-feet (6’) to eight-feet (8’) in height and consist of a minimum of four (4) trees and fifteen (15) shrubs for every 100 linear feet. Not acceptable as depicted on site plan. A solid privacy fence with a total of eleven (11) trees and thirty-nine (39) shrubs shall be installed along the abutting residential uses to the north and south and shall be depicted on a completed landscaping plan.
c. Foundation plantings for the full street-facing building elevation; and landscape areas at major building entrances; not acceptable as depicted on site plan. Shall be depicted on a completed landscaping plan.
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. 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; shall be noted on a completed landscaping plan.
f. The location, height and materials for any fencing to be installed and maintained; not acceptable as depicted on site plan. A solid wood privacy fence shall be installed in the Type A Landscape Buffer and shall be depicted on a completed landscaping plan; and
g. The location and direction of any proposed lighting (lights are to be directed away from adjacent residential properties)
34. 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.
35. Approval of the Special Use Permit will lapse after one (1) year if the criteria listed in TMC§1111.0707 have not been met.
36. 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.
37. 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 _____, 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