File #: O-519-19    Version: 1 Name:
Type: Ordinance Status: Approved
File created: 10/18/2019 In control: City Council
On agenda: 10/29/2019 Final action: 10/29/2019
Title: Changing the zoning maps attached to Part 11, Planning and Zoning, Toledo Municipal Code, for the properties located at 4398 and 4428 Monroe Street, in the City of Toledo, Lucas County, Ohio; and declaring an emergency.
Attachments: 1. Plan Commission Report, 2. Audio: ZPC 10/16/2019, 3. Audio: TCPC 9/12/2019, 4. Audio: Agenda Review 10/22/2019, 5. Audio: City Council October 29, 2019

Label

Zoning & Planning Committee

 

Title

Changing the zoning maps attached to Part 11, Planning and Zoning, Toledo Municipal Code, for the properties located at 4398 and 4428 Monroe Street, in the City of Toledo, Lucas County, Ohio; and declaring an emergency.

 

Body

SUMMARY & BACKGROUND:

An application (Z-6003-19) for a proposed change in zoning for the property located at 4398 and 4428 Monroe Street, Toledo, Ohio, was submitted to the Toledo City Plan Commission for its review and recommendation.

 

On September 12, 2019, the Toledo City Plan Commission recommended approval of the request for a zone change from “RS6” Single Dwelling Residential to “CR” Regional Commercial for the property located at 4398 and 4428 Monroe Street, Toledo, Ohio.

 

The City Council Zoning and Planning Committee on October 16, 2019, sent as approved the request for a zone change from “RS6” Single Dwelling Residential to “CR” Regional Commercial for the property located at 4398 and 4428 Monroe Street,, Toledo, Ohio.

 

Summary

NOW, THEREFORE, Be it ordained by the Council of the City of Toledo:

 

                     SECTION 1.  That the zoning maps attached to Part 11, Planning and Zoning, Toledo Municipal Code, are hereby authorized to be revised by changing the zone districts of that part of the City of Toledo more fully described as follows:

 

CN REZONING REQUEST

PART OF PARCELS 10-35224 & 18-26274

LEGAL DESCRIPTION

Being part of the Southeast Quarter (1/4) of Section Twenty (20), Town Nine (9) South, Range Five (7) East, and also being part of Lot 68 in The Maples, a subdivision recorded in Plat Volume 42, Page 21, all in the City of Toledo, Lucas County, Ohio, and being more particularly described as follows:

 

Commencing at the northwest corner of said Lot 68 said point also being the northwest corner of a parcel of land as described in Deed 201907240028790;

 

Thence South 00 degrees 00 minutes 00 seconds West along the west line of said Lot 68 and the west line of said parcel of land as described in Deed 201907240028790, a distance of 203.00 feet to a point at the intersection of the westerly extension of the northerly line of a parcel of land as described in Deed 201408200033666, said point being the “True Point of Beginning”;

 

Thence South 89 degrees 37 minutes 00 seconds East along the said westerly extension of the northerly line and along the northerly line of a parcel of land as described in Deed 201408200033666, a distance of 307.56 more or less to a point on the easterly line of a said parcel of land as described in Deed 201408200033666;

 

Thence South 00 degrees 00 minutes 00 seconds East along the easterly line of said parcel of land as described in Deed 201408200033666, a distance of 203.00 feet more or less to a point at the northerly line of the current CR zoning limit as shown on the City of Toledo Zoning Map No.46;

 

Thence North 89 degrees 37 minutes 00 seconds West along said current northerly CR zoning limit as shown on the City of Toledo Zoning Map No.46, a distance of 221.76 more or less to a point on the westerly line of a said parcel of land as described in Deed 201408200033666, said line also being the easterly line of said Lot 68;

 

Thence South 00 degrees 00 minutes 00 seconds East along said westerly line of a said parcel of land as described in Deed 201408200033666 and the easterly line of said Lot 68, a distance of 94.88 more or less to a point at the intersection of the southeasterly extension of the northerly lines of Lots 69 and 70, said northerly line of Lots 69 and 70 and there southeasterly extension thereof  also being the northerly line of the current CR zoning limit as shown on the City of Toledo Zoning Map No. 46;

 

Thence North 56 degrees 22 minutes 10 seconds West along said southeasterly extension of the northerly lines of Lots 69 and 70 and along the northerly lines of Lot 69 and a portion of Lot 70, said line also being the northerly line of the current CR zoning limit as shown on the City of Toledo Zoning Map No. 46, a distance of 103.05 feet more or less, to a point at the southeasterly corner of Lot 67 and the southwesterly interior corner of said Lot 68 of The Maples subdivision;

 

Thence North 00 degrees 00 minutes 00 seconds East along the west line of said Lot 68, a distance of 241.38 feet, more or less, to the “True Point of Beginning”;

 

The area herein described contains 68,149.84square feet ~ 1.565 acres of land, more or less.

 

This description was based on Deeds and Plats of record. No boundary survey was performed in the preparation of this description.

 

Subject to all legal highways, leases, easements, restrictions and agreements of record.

 

NOTES:

1. Bearings used are for the express purpose of showing angular measurement only.

2. Prior Deed references - Deed Record 201907240028790 (Parcel 10-35224) & Deed 201408200033666 (Parcel 18-26274).

 

SECTION 2.  The Secretary of the Toledo City Plan Commission is hereby authorized and directed to make the said change on the original zoning maps.

 

SECTION 3.  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 11, nays 0.

 

Passed:  October 29, 2019, as an emergency measure:  yeas 11, nays 0.

 

Attest:                                          

Gerald E. Dendinger                                          Matt Cherry

Clerk of Council                                          President of Council

 

Approved:                                                               October 29, 2019

Wade Kapszukiewicz

                                                                                    Mayor