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File #: O-024-22    Version: 1 Name:
Type: Ordinance Status: Second Reading
File created: 1/6/2022 In control: Zoning & Planning Committee
On agenda: 2/1/2022 Final action:
Title: Amending Toledo Municipal Code (TMC), Part Eleven, Subsection 1103.1505.G, Lapse of Approval; and declaring an emergency.
Attachments: 1. Plan Commission Report, 2. Audio: Zoning & Planning Committee 1/5/2022, 3. Audio: Agenda Review 1/11/2022, 4. Audio: City Council1/18/2022, 5. Audio: Agenda Review 1/25/2022
Zoning & Planning Committee

Amending Toledo Municipal Code (TMC), Part Eleven, Subsection 1103.1505.G, Lapse of Approval; and declaring an emergency.

The request is a study of expiration dates for Warehouse District ARC approvals. Currently, there is no expiration date for when an application has been approved and when work would commence. This study examines whether the lack of current approval period requirements provides the Warehouse District ARC the possible review of projects which could change significantly from the original approval date to when construction starts. Additionally, this study examines the approval periods of other Plan Commission reviews as dictated by the TMC to determine whether all approval periods are the same length of time.

Because design professionals and developers for a project may have changed and may have significantly modified the proposed work, it is recommended to add a time limit on when work could start. Additionally, to assist developers in reapplying for design approval from the Warehouse District ARC, staff recommends the addition of a project start date extension, if there are no material alterations on an application.

Zoning Code Research

An analysis of other jurisdiction's Zoning Codes was completed to determine the most common approval period, as well as whether or not extensions can be requested by applicants. Cincinnati, and Youngstown require construction to begin within two (2) years after application approval, whereas Detroit's approval lasts for three (3) years. Columbus maintains a one (1) year plan approval, however applicants may request an extension.

Other Plan Commission Approval Timeframes

Staff noticed that the Certificates of Appropriateness in Historic Districts and Site Plan Reviews, which are a Plan Commission application requirement for exterior modifications, have a two (2) year approval period. Additionally, the Historic Commission and Plan ...

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