File #: O-559-19    Version: 1 Name:
Type: Ordinance Status: Held in Council
File created: 11/14/2019 In control: City Council
On agenda: 1/14/2020 Final action: 1/14/2020
Title: Amending Toledo Municipal Code, Part Eleven, Subsection 1104.0600 Convenience Stores and Subsection 1116.0217 Food and Beverage Retail Sales; and declaring an emergency.
Attachments: 1. Plan Commission Report, 2. Audio: Agenda Review 11/19/2019, 3. Audio: Zoning & Planning Committee 11/13/2019, 4. Audio: TCPC 10/10/2019
Label
Zoning & Planning Committee

Title
Amending Toledo Municipal Code, Part Eleven, Subsection 1104.0600 Convenience Stores and Subsection 1116.0217 Food and Beverage Retail Sales; and declaring an emergency.

Summary
SUMMARY & BACKGROUND:
This application was deferred from the September 12, 2019 Plan Commission hearing in order to provide an additional opportunity for public input. In May 2019, Toledo City Council proposed Ordinance 248-19, requesting a Text Amendment to TMC?1104.0600 Convenience Stores and TMC?1116.0217(A & B) Food and Beverage Retail Sales. As described in the Ordinance, the goal of the Text Amendment is to address the economic, health, and safety concerns associated with the concentration of Convenience Stores and their impact on citizens of Toledo. The following Staff Analysis provides a brief background of the Convenience Store regulations and a review of other municipalities in the State of Ohio. The proposed text amendments includes two (2) modifications and included in Exhibit "A".

1) Section 1104.0600 - Use Regulations - Convenience Stores

This text amendment is to modify the Convenience Store maximum square footage requirement from 5,000 square feet to 11,000 square feet.

2) Section 1116.0217(A & B) Use Categories - Food and Beverage Retail Sales

This text amendment is to modify the definition of Convenience Stores and Large Stores under Food and Beverage Retail Sales in the Use Categories of Sec. 1116.0200.

As defined in TMC?1116.0217, any Food and Beverage Retail Sales with a floor area of less than 5,000 square feet is considered a Convenience Store. Food and Beverage Retail Sales with a floor area of 5,000 square feet or more is categorized as a Large Store.

Currently, any new Convenience Store in the City of Toledo is required to obtain a Special Use Permit. Large Stores are permitted by right in the same Zoning Districts as Convenience Stores but not subject to the same Use Regulations of TMC?1104.0600.
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