TOLEDO CITY PLAN COMMISSION REPORT August 12, 2021

TOLEDO CITY

PLAN COMMISSION

REPORT

August 12, 2021

Toledo-Lucas County Plan Commissions One Government Center, Suite 1620, Toledo, OH 43604 Phone 419-245-1200, FAX 419-936-3730 MEMBERS OF THE TOLEDO-LUCAS COUNTY PLAN COMMISSIONS

TOLEDO CITY PLAN COMMISSION LUCAS COUNTY PLANNING COMMISSION

KEN FALLOWS DON MEWHORT (Chairman) (Chairman)

ERIC GROSSWILER JOSHUA HUGHES (Vice Chairman) (Vice Chairman)

BRANDON REHKOPF TINA SKELDON WOZNIAK (County Commissioner) KRISTOPHER BALL PETER GERKEN EMORY WHITTINGTON III (County Commissioner)

GARY L. BYERS (County Commissioner)

MIKE PNIEWSKI

KEN FALLOWS

MEGAN MALCZEWSKI

BRANDON REHKOPF

JACK JOLLEY

THOMAS C. GIBBONS, SECRETARY

LISA COTTRELL, ADMINISTRATOR

TOLEDO-LUCAS COUNTY PLAN COMMISSIONS APPLICATION DEADLINE, AGENDA, STAFF REPORT AND HEARING SCHEDULE - 2021

APPLICATION AGENDA STAFF HEARING DEADLINE* SET REPORT DATE DISTRIBUTED CITY PLAN COMMISSION (HEARINGS BEGIN AT 2PM) November 23 December 29 December 31 January 14 December 28 January 25 January 29 February 11 January 25 February 22 February 26 March 11 February 22 March 22 March 26 April 8 March 29 April 26 April 30 May 13 April 26 May 24 May 28 June 10 May 24 June 21 June 25 July 8 June 28 July 26 July 25 August 12 July 26 August 23 August 27 September 9 August 30 September 27 October 1 October 14 September 20 October 18 October 22 November 4** October 18 November 22 November 19 December 2**

COUNTY PLANNING COMMISSION (HEARINGS BEGIN AT 9AM) December 14 January 11 January 15 January 27 January 11 February 8 February 12 February 24 February 8 March 8 March 12 March 24 March 8 April 12 April 16 April 28 April 12 May 10 May 14 May 26 May 10 June 7 June 11 June 23 June 14 July 12 July 16 July 28 July 12 August 9 August 13 August 25 August 9 September 6 September 10 September 22 September 13 October 11 October 15 October 27 October 4 November 1 November 5 November 17** November 1 November 29 December 3 December 15**

* County deadlines are for Preliminary Drawings ** Date shifts are due to holidays

TCG/tg: 8/20/20

Conversion Table Toledo Zoning Code Update - Zoning District Designations

Existing District New District Effective June 6, 2004 R-A, Single Family R-B, Single Family RS12, Single Dwelling R-1, Single Family RS9, Single Dwelling R-2, Single Family RS6, Single Dwelling R-3, Two Family RD6, Duplex R-2A, Restricted Multi Family RM12, Multi Dwelling None RM24, Multi Dwelling R-4, Multi Family R-4A, Multi Family RM36, Multi Dwelling R-5, Multi Family R-MH, Manufactured Home RMH, Manufactured Housing Park Commercial Districts C-1, Neighborhood N-MX, Neighborhood Mixed Use CN, Neighborhood C-2, Restricted Office C-7, Office Park CO, Office C-6-HS Redevelopment - Heritage South* C-6-LA, Redevelopment - Lagrange* CS, Storefront C-MX, Community Mixed Use CM, Mixed Use C-3, Commercial CR, Regional

C-4, Shopping Center CR-SO, Regional - Shopping Ctr. Sign Overlay C-5, Central Business District CD, Downtown Industrial District M-1, Restricted Industrial IL, Limited Industrial M-2, Industrial M-4, Warehouse IG, General Industrial M-3, Planned Industrial IP, Planned Industrial/Business Park Special Purpose District P, Parks POS, Park & Open Space None IC, Institutional Campus Overlay Districts CUP, Community Unit Plan None D.O.D, Downtown -DO, Downtown HD, Historic District -HO, Historic District MR-O, Maumee River -MRO, Maumee River None -UNO, Urban Neighborhood None -PO, Pedestrian None -SO, Shopping Center Sign

*The Heritage South and Lagrange C-6 Standards remain unless repealed

AN, 3-31-11

TOLEDO-LUCAS COUNTY PLAN COMMISSIONS

August 12, 2021 2:00 P.M.

PUBLIC HEARING WILL BE HELD AT ONE GOVERNMENT CENTER AT JACKSON BOULEVARD AND ERIE STREET IN COUNCIL CHAMBERS ON THE FOLLOWING CASES

AGENDA

ROLL CALL – Toledo City Plan Commission

PROOF OF NOTICE

ORDERS OF THE DAY (APPROVAL)

MINUTES

FINAL PLATS

NO.

1. SPR-32-21: Major Site Plan Review for New Courthouse Annex at 1716 Spielbusch Avenue (ml)

2. Z-6001-21: Zone Change from RS6 to CN at 2724 W. Laskey Road (jgl)

3. MRO-4-21: Maumee River Overlay review of Building Demolitions at 1456 N. Summit Street (jgl)

4. Z-7001-21: Zone Change from IL to IG at 220 Mel Simon Drive, 5901 Skyview Drive and 301 New Towne Square (nh)

5. SPR-29-21: Major Site Plan Review for Sign Waiver in the CR-SO at 4655 Talmadge Road (nh)

6. SPR-30-21: Minor Site Plan Review for New Retail Building at 1901 Dorr Street (ml)

7. Z-6002-21: Zone Change from RS12 to IC at 4747 Heatherdowns Blvd (nh)

8. Z-6003-21: Institutional Campus Master Plan for Davis College at 4747 Heatherdowns Blvd (nh)

i 9. SUP-5002-21: Special Use Permit for Gas Station with Convenience Store at 2441 Reynolds Road (nh)

10. SPR-33-21: Major Site Plan Review for New Multi-Family Development at 2011 Franklin, 18 W. Woodruff, and 23, 27 and 29 Irving (jgl)

11. M-13-21: Text Amendment Modifying Various Sections of TMC Part 11, replacing "One Stop Shop Building Inspection and Code Enforcement" with "Division of Building Inspection" and replacing "Commissioner of Building and Code Enforcement" with "Commissioner of Building Inspection" (dr)

CHAIRMAN’S REPORT

DIRECTOR’S REPORT ADJOURNMENT

ii REF: SPR-32-21 DATE: August 12, 2021

GENERAL INFORMATION

Subject

Request - Major Site Plan Review for New Courthouse Annex

Location - 1716 Spielbusch Ave

Owner - Rodger Likes U.S. General Services Administration 1716 Spielbusch Ave. Toledo, OH 43604

Construction Mgr. - Brad Berkowitz The Whiting-Turner Contracting Company 1001 Lakeside Ave, Suite 100 Cleveland, OH 44114

Architect - Ryan Parsons Bialosky Cleveland 6555 Carnegie Ave, Suite 200 Cleveland, OH 44103

Site Description

Zoning - CO / Office Commercial Area - + 3.7 acres Frontage - + 850’ along Spielbusch Ave + 65’ along Constitution Ave Existing Use - Green Space, Parking Garage Entrance, Parking Lot Proposed use - Federal Courthouse

Area Description

North - Legal Office / CO South - Existing Courthouse / CO East - Civic Mall / CO West - Legal Office / CD

1 - 1 REF: SPR-32-21 . . . August 12, 2021

GENERAL INFORMATION (Cont’d) Parcel History

T-5-01 - Lot Split of Parcel 53703, Spit Parcel to be combined with Parcel 48237. Approved 01-30-01

V-200-21 - Vacation of Constitution Ave between Erie St and Spielbusch. Currently in review.

Applicable Regulations

• Toledo Municipal Code, Part Eleven: Planning and Zoning • Toledo 20/20 Comprehensive Plan • Downtown Toledo Master Plan

STAFF ANALYSIS

The US General Services Administration is requesting a major site plan review to construct an annex to the existing Ashley U.S. Courthouse at 1716 Spielbusch Ave. The applicant has been in communication with the City of Toledo and is currently in the process of vacating a portion of Constitution Ave and expanding the footprint of the subject property, allowing the site to be built out as proposed. The Ashley U.S. Courthouse houses the U.S. District Court, Bankruptcy Court, and Marshals Service; the proposed annex is designed to meet necessary space requirements for the District and Bankruptcy courts, providing six courtrooms and eight chambers. A major site plan review is required because the proposed annex is 96,000 square feet, which is greater than the 50,000 square foot threshold required for a major site plan review per TMC§1111.0802.B. The property is also located within the Downtown Overlay District and is concurrently being reviewed via DOD-3-21.

This site is located on the east side of Spielbusch Ave, north of Jackson Street and south of Cherry Street, at the north of downtown. The property is a part of the Civic Center Mall and is surrounded by similar civic and legal uses including the existing Ashley Courthouse to the south, the Lucas County Juvenile Justice Center to the east, the Court of Appeals to the north, and the green space of the Civic Center Mall then the Toledo Municipal Court to the east. The site is zoned CO, Office Commercial, and the proposed use is permitted upon approval of this major site plan review.

1 - 2 REF: SPR-32-21 . . . August 12, 2021

STAFF ANALYSIS (Cont’d) Landscaping

The site is located within the Downtown Overlay District, and is subject to the Urban Commercial Landscape Standards as outlined in TMC§1108.0300. The Area Required to be Landscaped requirements of TMC§1108.0303 require that “any part of a lot not used for buildings, other structures, or for roads, walks, parking, service areas or accessways must be landscaped with a combination of groundcover, trees and shrubs. Grass may be used in conjunction with other plant material.” The applicant has shown significant effort to meet these requirements by providing a variety of planting beds, shrubs, evergreens, and canopy trees throughout the site. To meet these requirements, Plan Commission is requiring additional landscaping to the west of the proposed annex, as well as foundation plantings along the base of the west elevation, and the western elevation of the north elevation, where visible from Spielbusch Ave. Additionally, the Downtown Overlay District (TMC§1103.0200) requires that street trees be added along rights-of-way at intervals of no more than every thirty to forty (30-40) feet on center. Additional canopy trees shall be added to meet this requirement. Landscaping is addressed in Condition #30.

The Parking Lot Landscaping requirements of TMC§1108.0303 require perimeter parking lot landscaping surrounding the parking lot. The applicant is proposing to add landscaping to meet these requirements. The applicant is also proposing a fence surrounding the parking lot. The fence is not within the front setback, so the proposed eight (8) foot tall security fencing is permitted. The fencing shall be designed to meet the Special Design Standards – Surface Parking Lots requirements of TMC§1103.0207 for parking lots within the Downtown Overlay District. The parking lot is required to be surrounded by black wrought iron or black heavy-gauge aluminum tube fencing, and brick columns. Columns shall be located at every vertex, and no more than sixty (60) feet apart along straight portions of fencing. Plan Commission staff supports the use of precast concrete cladding or limestone for such columns to match the appearance of the primary building as closely as possible. Proposed fencing height of eight (8) feet is appropriate for security reasons, as is permitted to the north of the Toledo Municipal Court. The applicant has committed to installing such fencing on a revised site plan, and is in communication with staff regarding details. Fencing is addressed in Condition #29.

Building Design

The proposed annex is modern in design, using smooth rectangular forms, clean lines, and significant transparency. The building is monumental scale, common for civic buildings, and massing is similar to the original Ashley Courthouse. Materials include transparent glazing, spandrel glass, precast concrete, and stone. Such materials are appropriate in context with the existing structure and surrounding civic architecture, and are permitted per TMC§1109.0500.

1 - 3 REF: SPR-32-21 . . . August 12, 2021

STAFF ANALYSIS (Cont’d) Building Design (Cont’d)

In analyzing the design of the new annex in harmony with the existing Beaux-Arts courthouse, staff has referenced the U.S. Department of the Interior’s Historic Preservation Briefs, specifically Preservation Brief 14, “New Exterior Additions to Historic Buildings.” This brief recommends that new design be compatible but clearly independent from the original building, requiring that it incorporate similar materials and architectural expression as the original building, while being spatially differentiated. The proposed addition is clearly separate from the original building, linked by a small transparent connection, and uses compatible materials and massing. The proposed modern addition to the historic building is appropriate.

Parking and Circulation

The site is accessed from Spielbusch Ave, using a driveway in the same location as the to- be-vacated Constitution Ave. Parking exists in an underground garage beneath the proposed Annex, and a small lot to the north of the entrance. The creation of new surface parking lots within the Downtown Overlay District is prohibited, however the applicant is occupying an existing lot, reducing its footprint, and has committed to installing decorative fencing. The applicant has committed to restoring the pedestrian path to the east of the site and adding bicycle parking on revised site plans, these are addressed as conditions of approval.

Downtown Master Plan

The Downtown Toledo Master Plan was adopted in 2017, and outlined twelve Priority Action Items to focus on. Two of these action items were to “Conduct a Parks Master Plan” and to “Identify Strategic Redevelopment and Infill Sites.” The proposed development expands on and improves the Civic Center Mall, improving the appearance of green space, and encouraging its use. The development also utilizes vacant land for infill of a needed and permitted use, which follows the above-mentioned action item. The proposed development is in line with the recommendations of the Downtown Master Plan.

20/20 Comprehensive Plan

The Toledo 20/20 Comprehensive Plan targets this site for Institutional Campus uses within the Downtown neighborhood. Institutional Campus use accommodates large institutions in campus-like settings, and the proposed use is appropriate. The plan notes the value of persons employed downtown to make expenditures for lunch, parking, and shopping on weekdays, and necessitate meals and social functions after work. The plan states that steps must be taken to draw more workers to Downtown, to attract new businesses, and to keep those businesses who are Downtown today. The proposed building addition will expand an existing institutional campus, allow for additional employment and other economic benefit to Downtown, and is in line with the recommendations of the 20/20 Comprehensive Plan.

1 - 4 REF: SPR-32-21 . . . August 12, 2021

STAFF RECOMMENDATION

The staff recommends that the Toledo City Plan Commission approve SPR-32-21, a request for a Major Site Plan Review for new courthouse annex at 1716 Spielbusch Ave, for the following two (2) reasons:

1. The proposed use complies with the Toledo 20/20 Comprehensive Plan and all standards of this Zoning Code TMC§1111.0809.A; and

2. The proposed use is allowed in the zoning district in which it is located TMC§1111.0809.B

The staff further recommends that the Toledo City Plan Commission approve SPR-32-21, a request for a Major Site Plan Review for new courthouse annex at 1716 Spielbusch Ave, subject to the following thirty-four (34) conditions:

The following 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: Joe Warnka 419-245-1341 Roadway: Tim Grosjean 419-245-1344 Water: Andrea Kroma 419-936-2163 Stormwater Drainage: Lorie Haslinger 419-245-3221; Andy Stepnick 419-245-1338 Sanitary Sewers: Mike Elling 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.

1 - 5 REF: SPR-32-21 . . . August 12, 2021

STAFF RECOMMENDATION (Cont’d) Division of Engineering Services (Cont’d)

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 Joe Warnka at (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 the water service lines shall be submitted to the Division of Water Distribution 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 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. Contact the Division of Water Distribution (419-392-2032) to verify the backflow prevention requirements for this site.

9. Contact the City of Toledo Fire Prevention Bureau (419-245-1263) to verify the fire protection requirements for this site.

10. Maintain 10 feet of horizontal clearance between existing/proposed water service lines and existing/proposed sanitary or storm sewers. Maintain 4 feet of horizontal clearance between existing/proposed water service lines and any other existing/proposed underground utility. Maintain 18 inches of vertical clearance between existing/proposed water service lines and existing/proposed sanitary or storm sewers. Maintain 12 inches of vertical clearance between existing/proposed water service lines and any existing/proposed underground utility.

1 - 6 REF: SPR-32-21 . . . August 12, 2021

STAFF RECOMMENDATION (Cont’d) Division of Engineering Services (Cont’d)

11. Applicant will confirm to City Stormwater Engineering the shared stormwater approval responsibly proposed as follows: a. City will review, approve, and inspect stormwater tap to city system. b. City will review and approve required detention volume, as per standard requirement for systems draining to the combined sewer and sewage treatment plant. c. GSA will review and approve the proposal for meeting their special requirements for infiltration, and notify City. d. The underground system for detention and infiltration is a proprietary system that the City does not inspect (as it is not within our construction standards) but rather the proprietary manufacturer shall signoff on the as-built record, to complete the field inspection record on the City’s stormwater permit. e. GSA and City will both review and approve the Long Term O&M plan for the post-construction practices, and the City requires the manufacturer to also review and comment to the City. O&M plan shall be reviewed and approved simultaneous to the review and approval of construction plan.

12. Address the concern of sewer odor coming out of the catch basins due to air venting up from the city’s sewer main. The typical solution is for there to be a downward turned elbow or elbows between sewage gas sources and the stormwater drains.

13. Following the review process, the following will be needed for final stormwater approval: • Fee for the sewer construction permit, which also requires a sewer contractor, licensed with the City of Toledo, to be named for the project. • Completed form for responsible parties for SWP3 implementation.

14. At the time of approval of stormwater plans, the applicant will likely be eligible for a percent reduction in the property’s stormwater utility fee through the Stormwater Credit Program. Information on the application process can be found at https://toledo.oh.gov/business/environment/storm-water-program

15. Sanitary sewer service for this development is available subject to the Rules and Regulations of the Department of Public Utilities.

16. A single sanitary sewer tap from this site shall be allowed into the public sanitary sewer system. Developer shall use existing sanitary tap, when available.

Fire Prevention

Comments not received at time of print.

1 - 7

REF: SPR-32-21 . . . August 12, 2021

STAFF RECOMMENDATION (Cont’d) Division of Environmental Services

17. 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. a. Notification shall be made to the Division of Environmental Services (419-936-3015) no later than three days prior to commencement of construction activities. b. Construction BMPs shall be in place prior to the start of construction activities. c. SWP3 inspection reports shall be kept on site with the SWP3 and readily accessible during normal working hours.

18. Applicant shall maintain compliance with Ohio EPA’s General Storm Water NPDES permit programs.

19. Applicant is strongly encouraged to include multiple green infrastructure measures to minimize runoff and increase infiltration, and to minimize the amount of new and/or additional impervious surface on the site.

20. Applicant is strongly encouraged to plant native, low maintenance and non-invasive trees, shrubs and perennials. http://ohiodnr.gov/portals/0/pdfs/invasives/Alternatives_to_Ohio_Invasive_Plant_Species.pd f

21. 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.

Division of Transportation

22. Bicycle parking is required per TMC§1107.0900.

Plan Commission

23. The vacation of Constitution Avenue shall be completed as reviewed in Case# V-200-21. All parcels must share common ownership. Currently at Board of Revisions.

24. 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. Bicycle parking shall be paved, drained, and well-illuminated, and in a location which is easily accessible for bicycle users, typically between the right-of-way and the primary building entrance. Bike parking shown on revised site plan.

1 - 8

REF: SPR-32-21 . . . August 12, 2021

STAFF RECOMMENDATION (Cont’d) Plan Commission (Cont’d)

25. Off-street parking and loading spaces, parking lots, maneuvering 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 toward the interior of the parking lot or to a stormwater treatment facility subject to the regulations approval of the Department of Public Utilities (TMC§1107.1906); Acceptable as depicted on site plan.

26. All parking, loading and maneuvering area shall be surrounded by a solid concrete curb, per TMC§1107.1906. Acceptable as depicted on site plan.

27. The building elevations show a modern design using transparent and spandrel glass, concrete cladding, and stone. The proposed annex follows the U.S. Department of the Interior’s standards for an addition to a historic building. The proposed building design is acceptable as depicted on proposed elevations.

28. Any new ground signage is limited to monument-style signage up to ten (10) feet in height and shall be designed with building materials and base and top treatments to harmonize with the primary building. Sign package shall be clarified for Plan Commission approval prior to permitting, if applicable.

29. Perimeter parking lot fencing shall be designed to meet the Special Design Standards – Surface Parking Lots requirements of TMC§1103.0207 for parking lots within the Downtown Overlay District. The parking lot is required to be surrounded by black wrought iron or black aluminum heavy-gauge aluminum tube fencing, and brick columns. Columns shall be located at every vertex, and no more than sixty (60) feet apart along straight portions of fencing. Plan Commission staff supports the use of pre-cast concrete cladding (not CMU) or limestone for such columns to match the appearance of the primary building as closely as possible. Plan Commission approves the proposed eight (8) foot tall fencing, as the fencing is outside of the front yard setback, so long as the above-mentioned requirements are met. Decorative fencing shown revised site plan.

30. In addition to proposed landscaping, additional landscaping shall be provided to the west of the proposed annex, surrounding the required sidewalk extension. This landscaping shall be installed around required walkway to provide shading for pedestrians. Additional street trees shall be installed along the Spielbusch Ave right-of-way to provide canopy trees at intervals of every thirty to forty (30-40) feet. Foundation plantings shall be provided along the base of the west elevation, and the western portion of the north elevation, where visible from Spielbusch Ave. Additional landscaping shall be shown on a revised landscape plan.

31. The existing pedestrian walkway to the project east of the proposed annex shall be maintained. Pedestrian walkway shown on a revised site plan.

32. All properties which are over ½ acre in area are required to be irrigated. An irrigation plan shall be submitted with revised site plans for final approval. 1 - 9

REF: SPR-32-21 . . . August 12, 2021

STAFF RECOMMENDATION (Cont’d) Plan Commission (Cont’d)

33. 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.

34. 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.

MAJOR SITE PLAN REVIEW TOLEDO CITY PLAN COMMISSION REF: SPR-32-21 DATE: August 12, 2021 TIME: 2:00 P.M. ML Four (4) sketches follow

1 - 10

GENERAL LOCATION SPR-32-21 ID: 9

S COT T LT L E N O B AI N PL C EE M U R HA S C T G LT BE EN RE G Vistula WOODRUFF Historic AN

IG Overlay 3 H IC 1 M G VE R O E D E N B W E L A T L STATE P N L O A U RI C T TA E ON A

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ZONING AND LAND USE SPR-32-21 ID: 9

IL AN IG CH CD MI

C H E STATE R R LEGAL Y OFFICE DIOCESE RM36

IL MULTI-FAMILY RESIDENTIAL

C AUTO H E MAINTENANCE R R Y SOUTHARD

LEGAL SITE OFFICES

H C S U B L E I P HEALTH S DEPARTMENT Downtown CO Overlay

C O District N S T IT OFFICES U T IO N SHEPARD SALVATION ARMY

MUNICIPAL COURT CORRECTIONS CENTER O EMERGENCY R A RESPONSE N G E IE R E ADMINISTRATIVE ON UR B OFFICES H EE CH JA CK POLICE CD SO N DEPARTMENT CD

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N SITE PLAN SPR-32-21

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ELEVATIONS SPR-32-21 ID: 9

1 - 14 REF: Z-6001-21 DATE: August 12, 2021

GENERAL INFORMATION

Subject

Request - Zone Change from RS6 Single Family Residential to CN Neighborhood Commercial

Location - 2724 W. Laskey Rd

Applicant - Thomas L. Bowers 4405 River Rd. Toledo, OH 43614

Site Description

Zoning - RS6 / Single Family Residential Area - ± 0.18 acres Frontage - ± 51’ along W. Laskey Road Existing Use - Medical Office Proposed Use - Medical Office

Area Description

North - RS6 / Single-Dwelling Residential South - RS6 / Single-Dwelling Residential East - CR / Regional Commercial West - RS6 / Single-Dwelling Residential

Parcel History

Z21-C381 - Request for a Zone Change from R-2 to C-2 at the NW Corner of Laskey and Trimble in Washington Township. (Trustees denied 09/12/63)

SPR-69-05 - Site Plan Review for a porch enclosure at 2724 ½ W. Laskey Road. (Withdrawn)

Applicable Plans and Regulations

• Toledo Municipal Code Part Eleven: Planning and Zoning • Toledo 20/20 Comprehensive Plan 2 - 1 REF: Z-6001-21 . . . August 12, 2021

STAFF ANALYSIS

The applicant is requesting a Zone Change from RS6 Single Family Residential, to CN Neighborhood Commercial. The ±0.18 acre site is currently occupied by a dental office. The applicant intends to continue operation of the dental office. Surrounding land uses are single family homes to the north, west and south, and vacant commercial land and offices to the east.

The CN Neighborhood Commercial Zoning District is intended to accommodate pedestrian oriented small-scale retail and service businesses (TMC§1102.0600). Approval of this petition, Z- 6001-21, would update the status of the dental office as conforming.

The office has been in continuous operation as a dental practice since the applicant acquired the property in 1985. The site has a history of use as a dental office prior to its current occupant. Pending approval, the applicant intends to sell the dental practice to another dentist. The applicant aims to bring the building into compliance prior to the sale.

Toledo 20/20 Comprehensive Plan

The Toledo 20/20 Comprehensive Plan targets this site for Single Family land use. Single Family Land Use is intended to accommodate the development of single dwelling units on individual lots. It is intended to create, maintain, and promote housing opportunities for individual households. It may include nonresidential uses, duplexes, and planned unit developments that are compatible with residential neighborhoods.

Medical and legal offices have an extensive history in and among single family homes. Examples can be found across the City of Toledo. This relationship evolved as the medical field transitioned from home visits to office care. As offices have become ubiquitous with medical practices, home occupation has become less common. Still, existing precedents show that medical offices can be compatible with residential uses as described in the Comprehensive Plan. Additionally, West Laskey is a major road already accommodating CR Regional Commercial Zoning and will not be substantially impacted by traffic changes associated with CN Neighborhood Commercial Zoning. For these reasons the proposed rezoning complies with the Toledo 20/20 Comprehensive Plan.

2 - 2 REF: Z-6001-21 . . . August 12, 2021

STAFF RECOMMENDATION

The staff recommends that the Toledo City Plan Commission recommend approval of Z- 6001-21, a Zone Change from RS6 Single Family Residential to CN Neighborhood Commercial for 2724 W Laskey Road to Toledo City Council for the following two (2) reasons:

1. The subject property is physically suitable for the uses permitted under CN Zoning (TMC 1111.0606.D Review & Decision-Making Criteria);

2. The CN zoning request is similar to existing land uses within the general vicinity of the subject property (TMC§1111.0606.B Review & Decision-Making Criteria); and

ZONE CHANGE TOLEDO CITY PLAN COMMISSION REF: Z-6001-21 DATE: August 12, 2021 TIME: 2:00 P.M.

CITY COUNCIL ZONING AND PLANNING COMMITTEE DATE: September 22, 2021 TIME: 4:00 P.M.

JGL Two (2) sketches follow

2 - 3 Z-6001-21 N LOCATION GENERAL ID 55

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LIMA

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MENT AY

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BO CLAREDALE DOUGLAS SQUARE APARTMENTS

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WYNDALE

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GRACEWOOD

ELM H U R ELSIE ST

WELL BOWEN GARRISON

MAX OAK GROVE OAK GROVE

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2 - 4 Z-6001-21 N ZONING & LAND USE ID 55

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RD6 S

POI

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BLANK PAGE REF: MRO-4-21 DATE: August 12, 2021

GENERAL INFORMATION

Subject

Request - Maumee River Overlay review of building demolition

Location - 1456 N. Summit

Applicant/Owner - The Metropolitan Park District of the Toledo Area 5100 West Central Avenue Toledo, OH 43615

Site Description

Zoning - IG -MRO-SSCR UNO / General Industrial, Maumee River Overlay and Summit Street Corridor Redevelopment UNO District Area - ±5.89 acres Frontage - ±30’ along Magnolia Existing Use - Vacant Warehouse Proposed Use - Vacant Land Overlay - Maumee Riverfront Overlay (MRO) - Summit Street Corridor Redevelopment UNO District (SSCR UNO)

Area Description

North - Railroad, warehouse, Craig Bridge Trail Toledo Public School Board of Education / IG -MRO, IL, SSCR UNO RM36, CO Summit Street Corrdior UNO SSCR UNO South - Maumee River East - Craig Street Bridge, Interstate, Vacant / IG -MR SSCR UNO West - Warehouse / IG -MRO SSCR UNO

Combined Parcel History

MRO-1-99 - Maumee River Overlay review of Parking Lot for Blade Warehouse, Magnolia and Water Street (Administrative Approval 6/1/99).

3 – 1 REF: MRO-4-21… August 12, 2021

GENERAL INFORMATION (cont’d)

Applicable Plans & Regulations

• Toledo Municipal Code (TMC), Part Eleven: Planning and Zoning Code • Toledo 20/20 Comprehensive Plan • Maumee Riverfront Overlay District • Vistula Neighborhood Master Plan • Summit Street Corridor Redevelopment UNO District • Summit Street Redevelopment Plan

STAFF ANALYSIS

The request is a Maumee Riverfront Overlay District (MRO) review of the demolition of two (2) warehouse buildings at 1456 N Summit Rd. The ±5.89 acre site is occupied by two (2) structures constructed in 1933. The applicant, Toledo Metroparks, has targeted these for demolition in order to begin beautification of the riverfront. Surrounding land uses include warehouses and rail yards to the north, the Maumee River to the south, I-280 to the east, and vacant land to the west. The MRO requires demolitions be reviewed and approved before the Toledo Metroparks can remove the existing buildings.

In partnership with ConnecToledo and other stakeholders, the Toledo Metroparks has been implementing a plan to create multimodal public access to the waterfront for residents and visitors in Toledo. The Toledo Metroparks has taken on a series of improvements along the Maumee River, including the nearby Glass City Metropark expansion reviewed by the Plan Commission in early 2021. At this time the site’s buildings are to be demolished in order to improve safety and visual appeal of the riverbank. Although the timeline has not been set, the Toledo Metroparks plans to connect the target site to the greater river walk network. The demolition is the first step towards this vision.

Maumee River Overlay

The MRO was enacted in the 1970s as redevelopment interests increased along the Maumee River. The overlay attempts to balance development while maximizing recreational and residential opportunities along a significant citywide asset. The overlay recommends the arrangement of land uses into three (3) subcategories along the Maumee River and established a review for any redevelopment. This site is located within the Near Downtown Subdistrict which is intended to promote commercial uses and high-intensity residential development, while also permitting parks, recreational facilities, and providing public access. Developments shall be designed to establish an open character with respect to views of the river. Pedestrian connectivity shall form a convenient, landscaped network to extensive areas of shoreline. It is further intended that adverse visual influences be prohibited or minimized, to preserve and enhance the views of the Maumee River.

3 – 2 REF: MRO-4-21… August 12, 2021 STAFF ANALYSIS (cont’d)

Maumee River Overlay Plan and Vistula Neighborhood Master Plan

Both the Maumee River Overlay Plan and the Vistula Neighborhood Master Plan, which was completed most recently, recommend a significant portion of the site for public use. The demolition of the vacant warehouses is an essential step towards creating public use and pedestrian access to the water. The proposed development is consistent with the goals and intent of the Maumee Riverfront Overlay District as well as the Vistula Neighborhood Master Plan.

Summit Street Redevelopment Plan

The Summit Street Redevelopment Plan identifies an opportunity to utilize the riverfront for more residential, commercial, and general neighborhood use. Additionally, it also indicates opening the river front to pedestrian focused recreational trails. The plan suggests relocating or minimizing warehousing and bulk commodities in the area. Demolition of the existing warehouse buildings meets the intent of the Summit Street Redevelopment Plan.

Toledo 20/20 Comprehensive Plan

The Toledo 20/20 Comprehensive Plan targets this site for Urban Village. The Urban Village land use is a specialized residential and commercial district that possesses characteristics of Traditional Neighborhood Development, such as pedestrian orientation, zero building setbacks, mixed uses, and district architectural character. The existing structures do not contribute to the desirable characteristics described. Additionally, public parks increase quality of life for nearby residents, and are shown to be a valued amenity within neighborhoods. The proposed demolition is in character with Traditional Neighborhood Development and is suitable within the Urban Village land use. Because the site is located within the Summit Street Corridor Redevelopment UNO district future redevelopment will be required to meet all relevant regulations.

STAFF RECOMMENDATION

The staff recommends that the Toledo City Plan Commission approve of MRO-4-21, Maumee River Overlay review of building demolition for the following two (2) reasons:

1. The proposed demolition conforms to the Toledo 20/20 Comprehensive Plan, Vistula Neighborhood Master Plan, the Maumee Riverfront Plan, and Summit Street Redevelopment Plan; and,

2. The proposed demolition conforms to the goals of the Maumee Riverfront Overlay District, as presented in the and the Toledo Municipal Code as outlined in TMC 1103.0400 and TMC 1111.1400.

MAUMEE RIVER OVERLAY REVIEW TOLEDO PLAN COMMISSION REF: MRO-4-21 DATE: August 12, 2021 TIME: 2:00 P.M. 3 – 3 REF: MRO-4-21… August 12, 2021

JGL (2) Sketches follow

3 – 4 MRO-4-21 N LOCATION GENERAL ID 4

VAN NOBLE C OHI D INC EY A LI O N A C IN K H N YATES IC A A TI

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Warehouse BLAI RS6 RIV R RD6 ER IG RS6 ASH SF & Duplex IO AR RD6 B RS6 U ONT POS SH E ERI Apts Church

S Parking T NE IC CRA Comm. KNE CN AN SW Y SF & Duplex RM36 RD6

Railroad

School CO

ON UR RM36 CNComm. H Laundomat GLE Auto Repair EA I 2 8 RS6 0 SF & Duplex I N 2 8 Railroad 0 Apartments CN IG S Apts Offices MUL IL RD6 Parking IT Warehouse B UMM E Offices S RRY ER AT IOR Church W PER SU CR A Food Bank IG

Light Manufacturing BRID CR M A Overlay G Marine GNOLIA t E CH Restaurant SITE TRI fron OS IL er Warehouse CN Vac. e Riv Maume ay erl Ov ict or str Vac. rid Di Cor rina et Ma it Stre Summ

POS National Museum of the Great Lakes

CR Front Street Marina IL

D E A A CO IN R R T BO A N M R RO N SIDE Glass City Metropark F ER C RIV A R CR B ON STEEL RM36

3 - 6 REF: Z-7001-21 DATE: August 12, 2021

GENERAL INFORMATION

Subject

Request - Zone Change from IL Limited Industrial to IG General Industrial

Location - 220 Mel Simon Drive, 5901 Skyview Drive & 301 New Towne Square

Owner - City of Toledo Department of Economic Development One Government Center, Suite 2250 Toledo, OH 43604

Site Description

Zoning - IL / Limited Industrial Area - ± 58.032 acres Frontage - ± 2,007.4’ along Mel Simon Drive ± 1,167.4 along Skyview Drive ± 1,533.5’ along New Towne Square Existing Use - Vacant land Proposed Use - Alexis Road corridor redevelopment

Area Description

North - Apartments, vacant lots, manufacturing buildings / RD6, CR-SO & IL East - Manufacture, convenience store / CR-SO & IL South - Commercial businesses & hotel / CR & CR-SO West - Daycare center, fitness center, auto sales / CR-SO

Combined Parcel History

M-35-60 - Establish interim zoning for area bounded by Detroit Avenue, the Ohio-Michigan State Line, Telegraph Road, and Rozelle Drive, for annexation to the City of Toledo. Approved by Plan Commission on 8/25/60.

Z-118-64 - Permanent zoning established for area annexed in 1960. Approved by Plan Commission on 6/25/64

4 - 1 REF: Z-7001-21… August 11, 2021 GENERAL INFORMATION (cont’d)

Z-26-73 - Zone change from M-2 & C-3 to C-4, R-3, & M-1 for entire Skyview National Plaza. Approved 2/8/73 by Ord. 375-73.

S-3-77 - Preliminary drawing for Skyview Nat’l Plaza. Approved 2/17/77 by Ord.303-77.

Z-65-81 - Los 27&28 zoned R-3 to C-4. Approved 6/5/81 by Ord. 318-81

Z-6003-03 - Request for zone change from CR-SO to IL at 301 and 501 New Towne Square. P. C. approved 7/14/05. C. C. approved 9/6/05 by Ord.638-05.

Z-6004-03 - Request for zone change from CR-SO to IL at 220 Mel Simon Drive. P. C. approved 5/12/05. C.C. approved on 6/28/05 by Ord. 467-05.

Z-10001-17 - Request for zone change from CR-SO to IL at 220 Mel Simon Drive, 5901 Skyview Drive, 501 New Towne Square and 301 New Towne Square. P. C. approved 11/2/17. C.C. approved on 12/12/17 by Ord. 544-17. Applicable Plans and Regulations

 Toledo Municipal Code Part Eleven: Planning and Zoning  Toledo 20/20 Comprehensive Plan  Vacant Industrial Land Use Report 2005

STAFF ANALYSIS

The applicant is requesting a Zone Change from IL Limited Industrial to IG General Industrial at 220 Mel Simon Drive, 5901 Skyview Drive, and 301 New Towne Square. The 58.032-acre site is comprised of four (4) parcels, which are all vacant lots. Surrounding land uses include an apartment complex, undeveloped land, a tool and die shop and metal stamping shop to the north. To the east is a manufacturing business, auto repair, and a convenience store. To the south are commercial businesses and a hotel, and to the west is a, auto dealership, fitness center and preschool. The site is part of the former North Towne Mall which was built in 1981 and demolished in 2013.

The applicant is requesting the Zone Change in order to facilitate the re-development of the properties. As the largest industrial City-owned site, rezoning these parcels to IG General Industrial will attract high-tech businesses to relocate and revitalize the local economy with living- wage jobs similar to the Overland Industrial Park.

4 - 2 REF: Z-7001-21… August 11, 2021 STAFF ANALYSIS (cont’d)

Vacant Industrial Land Use Report

The 2005 City of Toledo Vacant Industrial Land Use Report to analyze vacant and underutilized industrial land to serve as the foundation for future land use and infrastructure policies. The report analyzed the availability, location, and infrastructure associated with the vacant industrial zoned properties in the City. The plan breaks the City’s vacant industrial land into “study areas”. The subject site is within the Alexis/Telegraph Study Area and is targeted for industrial uses.

20/20 Comp Plan

The Toledo 20/20 Comprehensive Plan targets this area as Limited Industrial. However, since the Toledo 20/20 Comprehensive Plan was written and industries established in this neighborhood, the Limited Industrial zoning district does not meet the needs for evolving General Industrial land uses. The proposed IG General Industrial zoning would assist in the redevelopment of these properties.

Staff recommends approval of the Zone Change because the proposed development is consistent with the existing land uses of properties within the general vicinity of the site.

STAFF RECOMMENDATION

The staff recommends that the Toledo City Plan Commission recommend approval of Z- 6002-21, a request for Zone Change from Il Limited Industrial to IG General Industrial for a site located at 220 Mel Simon Drive, 5901 Skyview Drive and 301 New Towne Square, to Toledo City Council for the following two (2) reasons:

1. The request is compatible with existing land uses within the general vicinity of the subject property (TMC§1111.0606(B); and

2. The zone change meets the intent of the Vacant Industrial Land Use Plan.

ZONE CHANGE TOLEDO CITY PLAN COMMISSION REF: Z-7001-21 DATE: August 12, 2021 TIME: 2:00 P.M.

CITY COUNCIL ZONING AND PLANNING COMMITTEE DATE: September 22, 2021 TIME: 4:00 P.M. NH Two (2) sketches follow 4 - 3 General Location Z-7001-21

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Restaurants CR Mini Golf

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BLANK PAGE REF: SPR-29-21 DATE: August 12, 2021

GENERAL INFORMATION

Subject

Request - Major Site Plan Review for sign waivers in a CR–SO district

Location - 4655 Talmadge Road

Applicant - Cooper’s Hawk Toledo, LLC 4655 Talmadge Road Toledo, OH 43623

Designer - Comet Neon, Inc - Attn: John Marcquenski 1120 N Ridge Avenue Lombard, IL 60148 Site Description

Zoning - CR-SO / Regional Commercial Shopping Center Sign Control Overlay Area - ±2.34 acres Frontage - 317’ along Talmadge Road Existing Use - Parking lot Proposed Use - Restaurant

Area Description

North - Restaurant, Parking lot, Offices / CO, CR-SO South - Restaurants / CR-SO East - Apartments / CR West - Restaurants / CR

Combined Parcel History

Z-57-83 - Request for zone change R-B Single Family Residential and C-3 General Commercial to C-4 Commercial Shopping Center, approved by Plan Commission on 5/19/83; Council Ord. 543-83.

Z-57-83 - Minor Change request to modify parking layout, and add covered drive-thru pickup facility. Plan Commission approved drive-thru pickup facility on 12/1/94; City Council Ord.706-94.

5 - 1 REF: SPR-29-21...August 12, 2021

Z-57-83 - Request for amendment to commercial plat site plan, originally approved by Ord. 543-83 and amended by Ord. 1022-87, Ord. 711-93, and Ord. 706-94 to remove landscaping for parking expansion, withdrawn by applicant on 1/22/02.

Z-57-83 - Request for amendment to commercial plat site plan, originally approved by Ord. 543-83 and amended by Ord. 1022-87, Ord. 711-93, and Ord. 706-94 to allow for sandwich board signs, disapproved by Plan Commission on 7/11/02. Applicant withdrew request on 7/24/02, City Council Committee of Planning and Zoning accepted the withdrawal on 8/12/02.

S-18-83 - The ANDERSONS COMMERCIAL PLAT Preliminary Drawing approved by Plan Commission on 2/16/84; Final Plat on 3/22/84.

S-18-83 - Commercial Plat site plan amendment for restaurant on transfer parcel approved by Plan Commission on 11/5/87.

S-18-83 - Request for commercial plat site plan amendment for THE ANDERSONS COMMERCIAL PLAT 1, for restaurant development on transfer parcel, approved by Plan Commission on 10/7/93.

S-18-83 - Amend commercial plat site plan to modify parking layout and to add covered drive-thru pickup facility, change the parking lot flow, relocate parking spaces, and remove landscaping. Plan Commission approved addition of drive-thru pickup facility on 12/1/94. City Council approved on 12/20/94, Ord. 706-94.

T-163-87 - Request for deed transfer for restaurant on Monroe Street frontage approved by Plan Commission on 11/5/87.

Z-202-87 - Amend C-4 site plan, approved by Ord. 543-83, approved by Plan Commission on 11/5/87, City Council approved on 11/18/87, Ord.1022-87. 5 - 2

REF: SPR-29-21...August 12, 2021

GENERAL INFORMATION (cont’d)

Combined Parcel History (cont’d)

Z-7034-93 - Request for amendment to commercial plat site, originally approved by Ord. 543-83 and amended by Ord. 1022-87 for restaurant site, approved by P. C. on 10/7/93; C.C. approved on 11/1/93, Ord. 711- 93.

S-18-93 - Commercial Plat site plan amendment for second restaurant approved by P.C. on 10/7/93.

T-107-93 _ Deed Transfer appeal for restaurant parcel along Talmadge Road, approved by P.C. on 10/7/93.

SPR-50-09 - Request for addition to Andersons store, approved by P.C. 2/11/10.

SPR-31-10 - Request for Andersons minor parking lot revisions, approved administratively 10/15/10.

S-26-19 - Final plat of Talmadge Crossing, a replat of The Andersons commercial Plat 1, located west of Talmadge Road, north of Monroe Street, approved 11/7/19.

SPR-10-20 - Major Site Plan Review for three new buildings/parking lots, P.C. approved 6/11/2020.

Applicable Regulations

 Toledo Municipal Code (TMC), Part Eleven: Planning and Zoning Code  Toledo 20/20 Comprehensive Plan  Shopping Center Sign Overlay Control District

STAFF ANALYSIS

The applicant is requesting a Major Site Plan Review for sign waivers in a Regional Commercial Shopping Center Sign Control Overlay (CR-SO) at 4655 Talmadge Road. The site is 2.34 acres and is currently a parking lot. In June of 2020 approval was granted for four (4) new restaurants with parking lots, signage, and landscaping. The Talmadge Crossings redevelopment was the former site of The Andersons retail store which has been reduced in size to accommodate the new restaurants. The site has frontage along Talmadge Road and vehicular access. Surrounding land 5 - 3

REF: SPR-29-21...August 12, 2021 uses include parking lots, a restaurant, and professional offices to the north, restaurants to the east, a restaurant and commercial businesses to the south, and apartments to the west.

STAFF ANALYSIS (cont’d)

The applicant is requesting approval in order to install three (3) fascia signs and one (1) mural sign. Three (3) of the fascia signs feature the company’s name “Coopers Hawk” while the fourth sign is a branded mural. The subject property is located within the Talmadge Crossing shopping center, previously occupied by The Andersons big box store.

20/20 Comp Plan

The Toledo 20/20 Comprehensive Plan targets this site for regional commercial land uses. The district is intended to accommodate auto-oriented commercial development in areas already built in this manner and to accommodate community and regional-oriented commercial uses.

Shopping Center Sign Control Overlay (-SO)

The Shopping Center Sign Control Overlay (-SO) is intended to regulate the number, type, and location of signs on shopping center sites and other properties within the boundaries of the designated overlay district. The regulations are also intended to encourage unified sign plans for multi-tenant shopping center sites and reduce the overall visual noise in the area. Pursuant to TMC§1103.0710, properties within the –SO district shall be reviewed at the time of Site Plan approval for the subject property, in accordance with TMC§1111.0800. Any proposed signage changes after approval of the original Site Plan shall require review as an amendment to the approved Site Plan.

The –SO regulations allow for a maximum of two (2) fascia or wall signs for buildings or on individual lots one (1) fascia and one (1) low-profile sign but shall be limited to the frontage or side containing the principal means of egress/ingress. The restaurant was originally approved in June 2020 for two (2) fascia or wall signs which shall be limited to the frontage or containing the principal means of egress/ingress. Per TMC§ 1103.0708 one low profile sign per building lot may be installed as an alternative and substitute fascia or wall sign for those business establishments located on an exterior lot of a shopping center.

Staff typically does not recommend approval of sign waivers in the –SO. This is to avoid precedent-setting action which could lead to future unwanted waivers in one of the many remaining –SO developments in the City. Because a hardship has not been demonstrated, staff recommends disapproval of waivers to allow three (3) cabinet-style fascia signs which exceed the approved quantities. Instead staff further recommends approval of a waiver to allow for one (1) additional sign. A condition of the waiver shall be that the additional sign in the form of an exterior wall mural resulting in a total of three (3) signs for the site.

5 - 4

REF: SPR-29-21...August 12, 2021 This application is being reviewed solely for compliance with the –SO regulations in the Zoning Code. As stated in TMC§1103.0706(D) and TMC§1103.0707(E), the maximum square footage and location of all signs shall be in accordance with Section 1387 of the Building Code.

STAFF RECOMMENDATION

The staff recommends that the Toledo City Plan Commission approve SPR-29-21, a request for a Major Site Plan Review for sign waivers in a CR–SO district at 4655 Talmadge Road to increase the number of fascia signs to two (2) and one (1) wall mural for the following reason:

1. The request is similar to existing uses within the general vicinity of the subject property.

The staff further recommends that the Toledo City Plan Commission approve SPR-29-21, a Major Site Plan Review for sign waivers in a Regional Commercial Shopping Center Sign Control Overlay (CR-SO) District at 4655 Talmadge Road to allow for a two (2) fascia signs and one (1) wall mural, subject to the following four (4) conditions:

The following conditions are listed by agency of origin Applicants are encouraged to contact each of the agencies to address compliance with their conditions.

Plan Commission

1. Applicant shall obtain any necessary permits for the two (2) fascia signs and one (1) mural through the City of Toledo Division of Building Inspections and Arts Commission.

2. Applicant shall submit a revised site plan and elevations indicating the size, location and materials of signage; not acceptable as depicted.

3. Per TMC§1111.0814, if a sign permit is not issued within one (1) year of this approval date (08/12/2021) then the site plan approval shall become null and void.

4. 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.

MAJOR SITE PLAN REVIEW TOLEDO CITY PLAN COMMISSION REF: SPR-29-21 DATE: August 12, 2021 TIME: 2:00 P.M.

NH Two (2) sketches follow 5 - 5 General Location SPR-29-21

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CR RAVENSWOOD APARTMENTS PEARTREE Bridal Shop Furniture Store SITE Apartments

Tire Shop

Buddy's Pizza Panda M Express ON RO Restaurants E Olive Garden Michael's Sylvania

CENTER HILLS SHOPPING BEVERLY Mattress Store C-2

Chuck E Cheese McDonalds

RS6 CO Vitamin Shoppe

TALMADGE APARTMENTS

Apartments Arby's IL

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BLANK PAGE REF: SPR-30-21 DATE: August 12, 2021

GENERAL INFORMATION

Subject

Request - Minor Site Plan Review for New Retail Store with Frontage Greenbelt Waivers

Location - 1901 Dorr Street

Owner - Zaremba Group, LLC 14600 Detroit Ave, Suite 1500 Lakewood, OH 44107

Engineer - Wohlwend Engineering Group 4216 Karg Industrial Parkway Kent, OH 44240

Architect - GPD Group - 520 S. Main St. #2531 - Akron, OH 44311

Site Description

Zoning - CN / Neighborhood Commercial Area - + 0.63 acres Frontage - + 234’ along Dorr Street - + 120’ along Upton Avenue + 120’ along Montrose Avenue Existing Use - Vacant lot Proposed use - Retail Store

Area Description

North - Single-family Residential / CR South - Single-family Residential / RD6 East - Used Auto Sales / CR West - Convenience Store / CR

6 - 1

REF: SPR-30-21 . . . August 12, 2021

GENERAL INFORMATION (Cont’d) Parcel History

SPR-44-06 - Minor Site Plan Review for Car Wash at 1901 Dorr St. Approved 10-12-2006. Never constructed.

V-769-06 - Vacation of an alley bounded by Dorr, Upton, Montrose, and Midway. Never vacated.

M-18-10 - Dorr Street Corridor Vision Plan as amendment to 2020, P.C. approved 11/04/10, C.C. approved 12/08/10. Ord 668-10.

Z-9002-17 - Zone Change from CR to CN. P.C. approved 11-02- 2017. C.C. approved 12-06-2017. Ord. 542-17.

Applicable Regulations

• Toledo Municipal Code, Part Eleven: Planning and Zoning • Toledo 20/20 Comprehensive Plan • Dorr Street Corridor Vision Plan

STAFF ANALYSIS

The applicant is requesting a Minor Site Plan Review to construct a new retail store on a vacant parcel at 1901 Dorr St. The applicant has been working with Plan Commission staff and has designed a site that meets the spirit and intent of the zoning code and its subsequent chapters. Typically, a permitted use of this size would be approved administratively via a Minor Site Plan Review. However a waiver of the required frontage greenbelt width is required; this request for waiver is being heard by the Toledo City Plan Commissions for their final approval per TMC§1111.0807.A.4 and TMC§1111.0400. Conditions of approval are listed at the end of this report.

This site is located at the southwest corner of Dorr St and Upton Ave. The property is surrounded to the north and south by single-family homes. A convenience store and used car lot are located to the west and east, respectively. This site has historically housed commercial uses to serve the surrounding neighborhood, although the land has been vacant for several years. The site is zoned CN, Neighborhood Commercial, and the proposed use of a retail store is permitted.

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REF: SPR-30-21 . . . August 12, 2021

STAFF ANALYSIS (Cont’d) Landscaping

A frontage greenbelt is required along public rights-of-ways, excluding alleys, per TMC§1108.0202 to aid in reducing urban heat island effect, controlling stormwater runoff, buffering the site from the public right-of-way, and improving the aesthetic of the neighborhood. The greenbelt shall be fifteen (15) feet wide and shall provide one tree for every thirty (30) feet of frontage along such rights-of-ways. This site is unusual in that it is only + 0.63 acres yet has frontage along three streets, requiring a 15’ deep Frontage Greenbelt along three sides of the site, with a 10’ Type A landscape buffer required along the fourth perimeter. Staff feels that these constraints, when applied to this specific site, create an undue hardship on the applicant that is unique to this site by making the developable area usually small. The site is only 29,160 square feet and when these landscape buffers are applied, the usable site within is reduced by over 30% to 20,235 square feet. For this reason, staff supports the proposed waiver to reduce the required width of the frontage greenbelt in portions of the site. This waiver of the required frontage greenbelt width will allow the building to be sited closer to the sidewalk; trees shall still be planted and the submitted landscape plan meets the required landscape quantities around the site.

A Type A Landscape Buffer is required to the south of the site per TMC 1108.0203.C, because neighboring properties are zoned RD6, Duplex Residential. The landscape plan shows a ten (10) foot deep landscape area with trees every twenty-five (25) feet, as well as shrubs and a solid fence. The site is compliant with TMC§1108.0203.C.

Dumpster screening is required per TMC§1108.0203.G. All four sides of the dumpster must be screened by an opaque combination of evergreen plantings, a wall structure, and/or a fence. The submitted site plan shows a wood fence surrounding 3 sides, and a chain-link fence with slats surrounding one side. Staff has observed deterioration of chain link fencing with slats across the city, especially on elements of fencing which are designed to move. Staff is requiring that all four sides of the dumpster enclosure be a durable, opaque material such as wood fencing. A solid wall is not required as a part of this review. This is addressed in condition #32.

Interior and perimeter parking lot landscaping is required per TMC§1108.0204. Interior parking lot landscaping shall include two (2) canopy trees and six (6) shrubs for every ten (10) parking spaces. The submitted landscape plan shows nineteen (19) parking spaces, as well as four (4) trees and twelve (12) shrubs within the parking area. Perimeter parking lot landscaping shall include at least one (1) tree for every thirty (30) feet around the parking area, and a solid row of shrubs. Frontage Greenbelt landscaping may be used to meet the tree requirements, per TMC§1108.0204.D. The submitted site plan shows a solid row of shrubs and ample trees surrounding the parking area, the requirements of TMC§1108.0204 are met.

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REF: SPR-30-21 . . . August 12, 2021

STAFF ANALYSIS (Cont’d) Landscaping (Cont’d)

Interior site landscaping and foundation plantings are required per TMC§1108.0205. At least one (1) canopy tree shall be provided for every one thousand (1,000) square feet of building coverage. The applicant has made significant effort to provide landscaping wherever possible and meet the purpose and intent of these requirements, including foundation plantings along the base of three elevations and several trees within the interior of the small site. The quantity of interior site landscaping and foundation plantings are acceptable as presented.

Building Design

The north, east, and west elevations of the building are comprised primarily of brick with projecting brick piers, a split-faced block wainscot, windows, EIFS sign band and ornamental cornice. These materials and features meet the Building Materials and Color requirements of TMC§1109.0500. The use of brick and split-faced block also meets the Character and Image section and other requirements of TMC§1109.0205, as the majority of other commercial and civic buildings along the Dorr Street corridor are built of brick and masonry and feature similar architectural features. Windows have been designed with the lower panes made of spandrel glass to conceal interior shelving, and upper panes made of transparent glass to permit sightlines and daylight to pass through them, as required in TMC§1109.0205. The front door is oriented towards the prominent intersection of Dorr and Upton with a widened pedestrian entrance and bicycle parking. The north, east, and west elevations are acceptable as presented. The south elevation proposes pre-finished metal wall panels with a split-faced block wainscot. Because this elevation will be visible from two rights-of-way, Upton Ave and Montrose Ave, it shall be modified to meet the above-mentioned requirements of TMC§1109.0205. At a minimum, metal panels shall be replaced with brick to match the rest of the building. This is addressed in condition #33.

Parking and Circulation

The site plan is designed to prioritize pedestrian access and help to restore the historic street wall along the Dorr Street corridor. The building is sited along Dorr Street with customer parking accessed from Upton and loading to the rear. The applicant is in communication with TARTA to relocate an existing bus stop on the property to better suit TARTA users and patrons of the store, and the site is designed to be walkable with a front door oriented to the right-of-way and new sidewalk area in front of the building. The Division of Transportation is requiring directional signage in condition #26; no other changes to parking and circulation are required.

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REF: SPR-30-21 . . . August 12, 2021

STAFF ANALYSIS (Cont’d) Dorr Street Corridor Vision Plan

The Dorr Street Corridor Vision Plan is a culmination of planning initiatives by the Dorr Street Corridor Redevelopment Coalition, the University of Toledo, and the Toledo Local Initiatives Support Corporation (LISC) and was approved as an amendment to the Toledo 20/20 plan via Ord. 668-10. The plan calls for the promotion of a safe, attractive, and walkable environment with modern infrastructure, beautiful landscaping, and appealing streetscapes. Specific recommendations included street trees and landscaping, attractive new buildings, and uniform street furniture. The proposal is in line with these requirements; the retail store is designed to be walkable, signage will be attractive and illuminated by gooseneck lighting, and bicycle furniture, trash receptacles, and bus stop are included in the proposal and painted black. Minor aesthetic improvements are required to assist in meeting these objectives; bollards and light fixtures shall also be painted black, lantern style shall be identified and light contained to avoid negatively impacting adjacent residential properties. This is addressed in condition #36.

20/20 Comprehensive Plan

The Toledo 20/20 Comprehensive Plan targets this site for Neighborhood Commercial uses within the Scott Park neighborhood. The plan refers to Neighborhood Commercial uses as small and medium scale commercial uses that serve neighborhoods, and recommends that such uses be limited to within 650 feet of major commercial intersections within neighborhoods. The plan also recommends the implementation of the Dorr Street Corridor Plan. The proposed development, with the requested waiver, is in line with these recommendations.

STAFF RECOMMENDATION

The staff recommends that the Toledo City Plan Commission approve SPR-30-21, a request for a Minor Site Plan Review for new retail store at 1901 Dorr St, with requested waiver, for the following two (2) reasons:

1. The proposed use complies with the Toledo 20/20 Comprehensive Plan and all standards of this Zoning Code TMC§1111.0809.A; and

2. The proposed use is allowed in the zoning district in which it is located TMC§1111.0809.B

The staff further recommends that the Toledo City Plan Commission approve SPR-30-21, a request for a Minor Site Plan Review for new retail store at 1901 Dorr St, with requested waiver, subject to the following thirty-nine (39) conditions:

The following conditions are listed by agency of origin. Applicants are encouraged to contact each of the agencies to address compliance with their conditions.

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REF: SPR-30-21 . . . August 12, 2021

STAFF RECOMMENDATION Division of Engineering Services

1. A pre-submittal meeting is not required; however, one may be requested. Contact information is as follows:

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 Joe Warnka at (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. Detailed plans for the water service lines shall be submitted to the Division of Water Distribution for review and approval.

7. All commercial properties are required to have approved backflow protection devices installed on the domestic water service 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. Contact the Division of Water Distribution (419-392-2032) to verify the backflow prevention requirements for this site.

8. The water meter setting detail and backflow preventer shall be submitted to the City of Toledo Backflow Prevention Coordinator, 401 S. Erie Street, Toledo, OH 43602 for review and approval.

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REF: SPR-30-21 . . . August 12, 2021

STAFF RECOMMENDATION Division of Engineering Services (Cont’d)

9. If existing water service lines are not to be reused, they will be abandoned by the City of Toledo at the developer’s expense.

10. New water service taps will be installed by City of Toledo at the developer’s expense.

11. Stormwater design is significantly complete but minor revisions are needed that are unlikely to affect the site plan. However, if the finalization of stormwater plans results in a site plan change, the changes shall be proposed in coordination with the Plan Commission.

12. Minor revisions that are needed include the detention calculation report and attention to the restrictive discharge cap. The latter needs to be specified as glued in place, so as to prevent its removal which would risk the flooding of basements on the receiving combined sewer. Also, although it is acceptable that the proposal includes no practices for the removal of trash from storm runoff (since the receiving combined sewer drains to the sewage treatment plant), the risk to clogging the restrictive discharge cap needs addressed as an unacceptable long term maintenance concern as currently proposed. Revise and resubmit a stormwater submittal to address the concern, and include a standalone O&M plan for the practice that the owner will use to keep the system operational.

13. Address the concern of sewer odor coming out of the catch basins due to air venting up from the city’s sewer main. The typical solution is for there to be a downward turned elbow or elbows between sewage gas sources and the stormwater drains.

14. Following the review process, the following will be needed for final stormwater approval: • Fee for the sewer construction permit, which also requires a sewer contractor, licensed with the City of Toledo, to be named for the project. • Completed form for responsible parties for SWP3 implementation. • Covenant for the approved O&M plan for the detention practice.

15. At the time of approval of stormwater plans, the applicant will likely be eligible for a percent reduction in the property’s stormwater utility fee through the Stormwater Credit Program. Information on the application process can be found at https://toledo.oh.gov/business/environment/storm-water-program

16. Sanitary sewer service for this development is available subject to the Rules and Regulations of the Department of Public Utilities.

17. A single sanitary sewer tap from this site shall be allowed into the public sanitary sewer system. Developer shall use existing sanitary tap, when available.

18. Any previous kills that were not done at the right-of-way line shall be re-killed at the right- of-way to eliminate any active pipes on the property.

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REF: SPR-30-21 . . . August 12, 2021

STAFF RECOMMENDATION Fire Prevention

19. Approved Premises identification is required.

Division of Environmental Services

20. 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. a. Notification shall be made to the Division of Environmental Services (419-936-3015) no later than three days prior to commencement of construction activities. b. Construction BMPs shall be in place prior to the start of construction activities. c. SWP3 inspection reports shall be kept on site with the SWP3 and readily accessible during normal working hours.

21. Applicant shall maintain compliance with Ohio EPA’s General Storm Water NPDES permit programs.

22. Applicant is strongly encouraged to include multiple green infra-structure measures to minimize runoff and increase infiltration, and to minimize the amount of new and/or additional impervious surface on the site.

23. Applicant is strongly encouraged to plant native, low maintenance and non-invasive trees, shrubs and perennials. http://ohiodnr.gov/portals/0/pdfs/invasives/Alternatives_to_Ohio_Invasive_Plant_Species.pd f

24. 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.

Division of Transportation

25. Bicycle parking is required per TMC§1107.0900. Acceptable as depicted on site plan.

26. “Do Not Enter” directional signs are required on the Southeast corner of the building to prevent traffic from flowing the wrong way. Shall be shown on revised site plan.

Plan Commission

27. Revised site plan showing projecting brick piers was received on 7-13-2021. Projecting piers acceptable as presented.

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REF: SPR-30-21 . . . August 12, 2021

STAFF RECOMMENDATION Plan Commission (Cont’d)

28. All spaces reserved for the use by persons with physical disabilities shall adhere to the standards outlined in TMC§1107.1700. At least one (1) of every eight (8) accessible parking spaces shall be designated as a van-accessible parking space and meet the dimensions standards stated in TMC§1107.1702(B); Acceptable as depicted on site plan.

29. 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; Acceptable as depicted on site plan.

30. Off-street parking and loading spaces, parking lots, maneuvering 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 toward the interior of the parking lot or to a stormwater treatment facility subject to the regulations approval of the Department of Public Utilities (TMC§1107.1906); Acceptable as depicted on site plan.

31. All parking, loading and maneuvering area shall be surrounded by a solid concrete curb, per TMC§1107.1906. Shall be shown on revised site plan.

32. 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. Dumpster location acceptable as presented. Screening shall be modified to include, at a minimum, a solid wood wall on all four sides. Shall be shown on revised site and landscape plans.

33. The building design shall meet the requirements of TMC§1109.0502 Character and Image and TMC§1109.0502 Building Façade Materials and Color. The pre-finished metal panels on the south elevation are not acceptable and shall be replaced with brick to match the remainder of the building. Shall be shown on revised elevations.

34. Any new ground signage is limited to monument-style signage up to ten (10) feet in height and shall be designed with building materials, base and top treatments to harmonize with the primary building. The same sign package which was submitted for the store at 1621 Alexis Road is acceptable here. Sign package shall be clarified for Plan Commission approval prior to permitting.

35. The minimum front yard setback within the Neighborhood Commercial (CN) zoning classification is 20’ per TMC§1106.0102. A variance of this requirement from the Board of Zoning Appeals (BZA) is required for the Dorr St and Montrose Ave frontages. Plan Commission staff supports the necessary variance. Contact the Division of Building Inspections at 419-245-1220 for BZA approval.

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REF: SPR-30-21 . . . August 12, 2021

STAFF RECOMMENDATION Plan Commission (Cont’d)

36. The Dorr Street Corridor Vision Plan (2009) outlines visual themes including community character, streetscape design, landscaping, building design, street and site furnishing. The site plan is pedestrian oriented and the proposed brick façade with classic architectural treatments is appropriate. The plan illustrates black, classic-styled furnishings. Bicycle rack, bus station, and trash receptacles are acceptable as presented. Proposed lighting (if any) shall be painted black and of a classic, pedestrian-scale design. Bollard color shall be black. Lighting and bollards shall be shown on revised site plan.

37. 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 Dorr Street, Upton Ave and Montrose Avenue. Frontage Greenbelt shall include one (1) tree for every thirty (30’) of lot frontage. Plan Commission recommends approval of this variance to allow the Dorr Street and Montrose Ave greenbelts to be reduced to five feet (5’) and nine and one-half (9.5) feet respectively. Required landscape counts are provided for. Acceptable as depicted.

b. Interior parking lot landscaping requires two (2) canopy trees and six (6) shrubs for each ten (10) parking spaces within the parking lot. Acceptable as depicted.

c. The following shall be provided for interior site landscaping: one (1) two-inch (2”) caliper tree for every 1000 square feet of building coverage (footprint); foundation plantings along all portions of the building that are visible from the public rights-of- way and at all major building entrances. Acceptable as depicted.

d. Perimeter landscaping must consist of a landscape area at least 10 feet in width, exclusive of sidewalks, walkways, trails, or right-of-way and must be located between the parking lot and the property line. Acceptable as depicted with approved variance.

e. 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.

f. 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.

g. The location and direction of any proposed lighting (lights are to be directed away from adjacent residential properties). Shall be shown on lighting plan.

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REF: SPR-30-21 . . . August 12, 2021

STAFF RECOMMENDATION Plan Commission (Cont’d)

38. 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.

39. 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.

MINOR SITE PLAN REVIEW TOLEDO CITY PLAN COMMISSION REF: SPR-30-21 DATE: August 12, 2021 TIME: 2:00 P.M. ML Four (4) sketches follow

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GENERAL LOCATION SPR-30-21 ID: 47

K O

O J AKWO R

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ZONING AND LAND USE SPR-30-21 ID: 47

CRO SSW ELL PALMWOOD RS6 RD6

SINGLE FAMILY AND SINGLE FAMILY RESIDENTIAL DUPLEX RESIDENTIAL

SH EN A N D OA H

CN MIXED COMMERCIAL / SINGLE FAMILY RESIDENTIAL VACANT DORR CR

CONVENIENCE STORE CN CR USED AUTO SITE SALES

O SINGLE FAMILY AND

R T DUPLEX RESIDENTIAL

RD6

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N SITE PLAN SPR-30-21

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N ELEVATIONS SPR-30-21

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BLANK PAGE REF: Z-6002-21 DATE: August 12, 2021

GENERAL INFORMATION

Subject

Request - Zone Change from RS12 Single Dwelling Residential to IC Institutional Campus

Location - 4747 Heatherdowns Blvd

Applicant - Davis College Four Seagate, Suite 202 Toledo, OH 43604

Attorney - Garrett A Keeton One Seagate, Suite 1645 Toledo, OH 43604

Owner - Midwest Creative Solutions 341 E Huron St Ann Arbor, MI 48104

Site Description

Zoning - RS12 / Single Dwelling Residential Area - ±11.7Acres Frontage - ±580’ along Cass Road Existing Use - Vacant structure and parking lot Proposed Use - Davis College Neighborhood Group - None Overlay - None

Area Description

North - Open space, Heatherdowns Blvd & funeral home / RS12 & CN South - Interstate 80 Ohio Turnpike / City of Maumee East - Stranahan Theater / RS12 West - Cass Road, Single-family homes, Utility station / RS12, RD6

7 - 1 REF: Z-6002-21… August 12, 2021 GENERAL INFORMATION (cont’d)

Parcel History

Z-127-62 - Special Use Permit for the Scottish Rite to construct a cathedral and auditorium Approved 8/6/62 by Ord. 428-62.

Z-122-66 - Special Use Permit granted for the construction of certain buildings and appurtenant uses on the property. Approved 6/27/66 by Ord. 528-66.

Z-295-69 - Special Use Permit amendment to allow for the placement of a two-faced sign on property. Approved 12/9/69 by Ord. 1111-69.

Ordinance 363-77 - Special Use Permit Amendment to Ord. 428-62, Ord. 528-66, and Ord.1111-69 for development of picnicking area, shuffle board courts and horseshoe pit. Approved on 5/31/77.

SUP-4007-12 - Special Use Permit for a school at 4747 Heatherdowns Boulevard. P.C. rec. approval on 6/14/2012, C.C. approved on 8/7/2012 by Ord. 395- 12.

SUP-12008-17 - Special Use Permit for an Adult Day Care Center at 4747 Heatherdowns Boulevard. P.C. rec. approval on 3/8/2018, C.C. approved on 4/24/2018 by Ord. 159-18.

Z-6003-21 - Institutional Campus Master Plan for Davis College (companion case)

Applicable Plans and Regulations

 Toledo Municipal Code Part Eleven: Planning and Zoning  Toledo 20/20 Comprehensive Plan

STAFF ANALYSIS

The applicant is requesting a Zone Change from for RS12 Single-dwelling residential, to IC Institutional Campus. The ±11.7-acre site is occupied by an existing two-story building, approximately 27,000 square feet. Companion case Z-6003-21 is a request to propose an Institutional Campus (IC) Master Plan for Davis College at 4747 Heatherdowns Blvd.

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REF: Z-6002-21… August 12, 2021 STAFF ANALYSIS (cont’d)

In recent years the building was occupied by a school, but also originally operated as an assembly hall. Surrounding land uses include open green space and a funeral home to the north across Heatherdowns Boulevard, the Stranahan Theater to the east, the Ohio Turnpike to the south, and single-family homes to the west across Cass Road.

The purpose of the IC – Institutional Campus District is to accommodate large institutional uses in campus-like settings. Additionally, this District is intended to promote and enhance the development and expansion of large institutional uses while minimizing the adverse impacts that can result when such uses are located near residential neighborhoods. All properties with IC – Institutional Campus Zoning require an accompanying Master Plan to be approved by the Plan Commission and City Council.

20/20 Comp Plan

Staff recommends approval of the proposed Zone Change since it is consistent with the land use of properties within the general vicinity of the subject property. Additionally, the proposed Zone Change conforms to the Toledo 20/20 Comprehensive Plan and the stated purpose of the Zoning Code. Finally, staff recommends approval of the Zone Change because the proposed development is consistent with the existing land uses of properties within the general vicinity of the site.

STAFF RECOMMENDATION

The staff recommends that the Toledo City Plan Commission recommend approval of Z- 6002-21, a request for Zone Change from RS12 Single-Dwelling Residential to IC Institutional Campus for a site located at 4747 Heatherdowns Blvd, to Toledo City Council for the following two (2) reasons:

1. The request conforms to the Toledo 20/20 Comp Plan and the stated purpose of the Zoning Code (TMC§1111.0606(A)

2. The request is compatible with existing land uses within the general vicinity of the subject property (TMC§1111.0606(B).

ZONE CHANGE TOLEDO CITY PLAN COMMISSION REF: Z-6002-21 DATE: August 12, 2021 TIME: 2:00 P.M.

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REF: Z-6002-21… August 12, 2021

CITY COUNCIL ZONING AND PLANNING COMMITTEE DATE: September 22, 2021 TIME: 4:00 P.M. NH Two (2) sketches follow

7 - 4 General Location Z-6002-21 & Z-6003-21

P H A A L O R R L EASTWICK C I L K L H H Y F BROWNSTONE H O W

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E L L L E O L E S O

D N T D

A A E E

V N E LL L O N A T

N M Y R E N N E O M V E B

T A L IM H P G K T S W S G A E N R I R C C D W K P SO E IN O UT N R H E W R L B Y CK I A GL D W ENDALE G N E D O O

T W H

S O E E D A A R H T

C S H E R G W L E O N L O A A RYAN E U G D E R

G R B R G N D E R O E L E E R ED G O R ED ID H N T VA R T T N K S A V FO C S Y TE R E A L L A S A A B L L E T

W E M L

G H E Y E

S O N Y

EL N LE P R D R H G I N N A

O U C E C LAUREL HILL A RE IN H O P G K

B I P CRE E S N PACQUIN L T B H X S AVEN ANT A E N A M S O ARI T A F S A G

S Y A H R A T E A R C E H A E A M A M T N IRA V H h

N M E E c N R E h t B c i W W Y t i WATERC K E E REST D D LV O N O K

H CL n E E O O m ARAD N C ALE E D a a D h A HEATHERCOVE R E D

B R a m r l E i GLENRIDGE G NE T e O S

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G L Y Y E L L E SITE R S U R H

O VILLA T GE KEYGATE BROG W A I 80 W N 0 I 80 9 90 I 80 E TO REY 0 NOLD 8 S RD

I ch E Dit S E es h E rd D e c E G TR L t

i M

T eek O D I AY L C PARKW N n P H a W Y I A G

E ry Cr im O

L R l M A D E e L I N C H THACKERAY

T T W REXHAM L

L A MCI I NTY RE S

S G V TAM R TIE

L E N G A

O M R

M O

T DUSS EL E

B CHANTILLY

S Y L

L KENT CAMBRIDGE PARK W D BRAHIER

HERTFO EL RD STACEY FI

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O I L B D CHESTERFIELD R LA FAIRFIELD PARK EA A A

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P D T A A D E D ST GREENFIELD R W ME L k TO c O E i H O CHESTERFIELD I r S

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E ARD I ALL F M HARRIS T S MIDFIELD

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R G CENTERFIELD T I E A T

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7 - 5 Zoning & Land Use Z-6002-21 Z‐6003‐21

Heatherdowns Rehab & Residential SF Residential RK PA UTH SO RD6 H E RS12 A T RS6 HE

R G

K CO Bank A

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I CN T

A L SF E

B B

U CN CO E Funeral Home T

T S D Veteranarian A Restaurant

H HEATHERDOWNS T

Apartments h

A n

T a H SF m

E l

i R

H H Open Space I L

RD6 RS12 Stranahan Parking Lot Theater Apartments SITE

City Utility

VILLAGE

I 80 W

I 80 E

SUGAR MAPLE

i Rolf Park m

Maumee Jurisdiction T

L R

A E

AP R

7 - 6 REF: Z-6003-21 DATE: August 12, 2021 GENERAL INFORMATION

Subject

Request - Institutional Campus Master Plan

Location - 4747 Heatherdowns Blvd

Applicant - Davis College Four Seagate, Suite 202 Toledo, OH 43604

Attorney - Garrett A Keeton One Seagate, Suite 1645 Toledo, OH 43604

Owner - Midwest Creative Solutions 341 E Huron St Ann Arbor, MI 48104

Site Description

Zoning - RS12 / Single Dwelling Residential Area - ±11.7Acres Frontage - ±580’ along Cass Road Existing Use - Vacant two-story structure and parking lot Proposed Use - Davis College Extension (or satellite campus?) Neighborhood Group - None Overlay - None

Area Description

Z-127-62 - Special Use Permit for the Scottish Rite to construct a cathedral and auditorium Approved 8/6/62 by Ord. 428-62.

8 – 1 REF: Z-6003-21… August 12, 2021 GENERAL INFORMATION (cont’d)

Parcel History (cont’d)

Z-122-66 - Special Use Permit granted for the construction of certain buildings and appurtenant uses on the property. Approved 6/27/66 by Ord. 528-66.

Z-295-69 - Special Use Permit amendment to allow for the placement of a two-faced sign on property. Approved 12/9/69 by Ord. 1111-69.

Ordinance 363-77 - Special Use Permit Amendment to Ord. 428-62, Ord. 528-66, and Ord.1111-69 for development of picnicking area, shuffle board courts and horseshoe pit. Approved on 5/31/77.

SUP-4007-12 - Special Use Permit for a school at 4747 Heatherdowns Boulevard. P.C. rec. approval on 6/14/2012, C.C. approved on 8/7/2012 by Ord. 395- 12.

SUP-12008-17 - Special Use Permit for an Adult Day Care Center at 4747 Heatherdowns Boulevard. P.C. rec. approval on 3/8/2018, C.C. approved on 4/24/2018 by Ord. 159- 18.

Z-6002-21 - Zone change from RS12 to IC (companion case)

Applicable Plans and Regulations

 Toledo Municipal Code (TMC), Part Eleven: Planning and Zoning Code  Toledo 20/20 Comprehensive Plan  TMC Chapter 1111.1300

STAFF ANALYSIS

The applicant is proposing an Institutional Campus (IC) Master Plan for Davis College at 4747 Heatherdowns Boulevard. The ±11.7-acre site is zoned RS12 Single-Dwelling Residential and occupied by an existing building, roughly 27,000 square feet. In recent years the building was occupied by a School, but previously operated as an assembly hall. Surrounding land uses include open green space and a funeral home to the north across Heatherdowns Boulevard, the Stranahan Theater to the east, the Ohio Turnpike to the south, and single-family homes to the west across Cass Road. Companion case Z-6002-21 is a Zone Change request for Single-family Residential, RS12 to IC Institutional Campus.

8 – 2

REF: Z-6003-21… August 12, 2021 PROPOSED INSTITUTIONAL CAMPUS MASTER PLAN

The following is the proposed Institutional Campus Master Plan for the project site. Master Plans must be updated on at least a six (6) year cycle and include any changes to the institution’s mission, objectives, existing property and uses, needs of the institution, development envelope, transportation management, pedestrian circulation, design guidelines, and neighborhood protection strategy. This proposed plan is responsive to the factors listed in Toledo’s Zoning Code at Section 1111.1304, each of which are set forth below along with the applicant’s responses.

TMC 1111.1304(A): Planning Horizon: Expiration and Lapse of Approval. The Institutional Master Plan shall cover at least a 6-year period unless City Council approves a different Planning Horizon at the time of Institutional Master Plan approval.

RESPONSE: Davis College is an accredited career training institution through the Accrediting Commission for Business Schools since 1953. If the rezoning petition is granted, then the College intends to use the Property to bring its classes and offerings to a total of three hundred (300) students within the next two-year period (while simultaneously retaining use of the 433 N Summit Street location). Within the next six years, the College anticipates an increase in the number of students to as many as seven hundred (700). This will be done through its blended offerings included long- distance learning, classroom settings, and online education.

TMC 1111.1304(B): Mission and Objectives. The Institutional Master Plan shall include a statement that defines the organizational mission and objectives of the institution and description of how all development contemplated or defined by the Institutional Master Plan advances the goals and objectives of the institution. The statement should describe the population to be served by the institution, and any projected changes in the size or composition of that population. It should also specify any services to be provided to residents in adjacent neighborhoods and in other areas of the region.

RESPONSE: Davis College continues to excel in career training by being recognized by the State Board of Career Colleges and Schools (State of Ohio Certificate of Registration No. 81-02-073 lB), having its programs authorized by the Ohio Board of Higher Education, as well as being continuously accredited by The Higher Learning Commission (HLC) since 1991. Due to its success in increasing its enrollment, the College has found itself looking to expand its current footprint in Toledo, while maintaining its current offices/location at the 433 N. Summit Street address. A mixed approach of online and in-person education will aid in the effective management and mitigation of congestion as would otherwise be typical in classroom/in-person only settings. Permitting the Property to be used and operated as a campus is significantly in alignment with the originally intended use (as a school) and will provide for and cater to the educational needs of the community, permitting a cost-effective means to allow the College's students access to quality learning experience, marketable skills, and increased employability.

8 – 3 REF: Z-6003-21… August 12, 2021

PROPOSED INSTITUTIONAL CAMPUS MASTER PLAN (cont’d)

TMC 1111.1304(C): Existing Property and Uses. The Institutional Master Plan shall include a description of land, buildings, and other structures occupied by the institution as of the date of submission of the Institutional Master Plan. At a minimum, the following information shall be required: 1. Illustrative site plans showing the footprints of each existing and proposed building and structure, roads, sidewalks, parking, landscape features and other significant site improvements; 2. Land and building uses; 3. Floor area in square feet; 4. Building height in stories and feet; 5. Landscaping and lighting concept plans; and 6. A description of off-street parking and loading areas and facilities, including a statement of the approximate number of parking spaces in each area or facility.

RESPONSE: The Property, although already developed for use as a place of education (see, enclosed Floor Plan - noting numerous classrooms, library and study spaces, gymnasium area, nurses’ office, etc.), its present zoning permits only use as a school (as a special use in RS-12). As such, the Property's current layout, existing structure, and geographic location make it the ideal candidate for the College to grow and expand its educational offerings within Toledo as set forth. (see, existing topographical map/site plan as well as attached Floor Plan depicting current layout and features). Additionally, as required under TMC 1111.1304 (C) (1-6), the following are identified: 1. Depiction of existing structure, roads, sidewalks, landscape features, and improvements (exhibit ?), 2. Land and Building Uses (exhibit ?), and 3. Floor Area in Square Feet/Building Stories: 54,009 Sq. Ft.; 2 Stories Tall.

TMC 1111.1304(D): Needs of the Institution. The Institutional Master Plan shall include a summary and projection of the institution's current and future needs for the following facilities: 1. Academic; 2. Service; 3. Research; 4. Office; 5. Housing; 6. Patient care; 7. Public assembly; 8. Parking; and 9. Other facilities related to the institutional use.

RESPONSE: Due to the features of the Property and its existing structures, it is optimal in nature for the College's intended purpose and use. The classrooms, libraries, study areas, offices, and other facilities function harmoniously to provide the community's educational needs and promote its mission statement: to provide marketable skills that enhance the employability of our graduates. Fortunately, this can all be done without any significant change to the current layout of the Property. Presently, the College has no plans or intentions to further develop the Property, place new structures, construct roadways/access paths. Furthermore, any congestion or significant influx in traffic will be mitigated by the distance/remote learning component of the College's offerings. Here, the needs of the institution and are all satisfactorily serviced without any development, major renovation, or other significant change to the Property, being the criteria identified in TMC 1111.1304 (D) (1-9): 1. Academic, 2. Service, 3. Research; 4. Office; 5. Housing; 6. Patient care; 7. Public assembly; 8. Parking; and 9. Other facilities related to the institutional use.

8 – 4 REF: Z-6003-21… August 12, 2021

PROPOSED INSTITUTIONAL CAMPUS MASTER PLAN (cont’d)

TMC 1111.1304(E): Development Envelope. The Institutional Master Plan shall include a description of the land area and "development envelope" within which future development will occur. The development envelope shall be described in narrative and through the use of drawings or models. The intent of this provision is to provide the institution with certainty regarding the future development potential of the site subject to the Institutional Master Plan while protecting the integrity of adjacent neighborhoods. The Institutional Master Plan shall include the following in describing the development envelope: 1. Floor area ratio; 2. Average daily and peak-hour traffic; 3. Height; 4. Setbacks; 5. Total site area of open space; and 6. Total number of parking spaces to be provided.

RESPONSE: As the College has no plans for "future development to occur" under TMC 111 l .1304(E), there is nothing to be submitted hereunder.

TMC 1111.1304(F): Transportation Management Plan. The Institutional Master Plan shall include a transportation and parking management plan that identifies any traffic mitigation measures to be employed.

RESPONSE: The ingress and egress to and from the Property will be facilitated through the access points from Cass Road (to the east) and Heatherdowns Blvd. (from the north). The class offerings and in person learning should not have a significant effect on traffic as: (i) the courses will be scattered throughout the day/week; (ii) congestion is avoided via online offerings; and (iii) is not anticipated to materially alter the traffic data depicted on Exhibit "D".

TMC 1111.1304(G): Pedestrian Circulation Plan. The Institutional Master Plan shall include pedestrian circulation guidelines and objectives, including a description of the circulation system to be provided through the campus and plans for ensuring the accessibility of pedestrian areas and open spaces.

RESPONSE: Pedestrian access to the Property shall be facilitated in and through the existing roadways, access paths, and sidewalks presently located upon the Property.

TMC 1111.1304(H): Urban Design Guidelines. The Institutional Master Plan shall include design guidelines and objectives for new and renovated buildings and structures to assure their appropriateness with surrounding neighborhoods and districts and to minimize potential adverse impacts on such neighborhoods. Urban design guidelines shall include listings of appropriate materials, height, bulk, massing, and colors that will be used to guide the course of proposed and future development.

RESPONSE: As the College has no plans for "new or renovated buildings/structures" under TMC 111 l .1304(H), there is nothing to be submitted herein.

8 – 5 REF: Z-6003-21… August 12, 2021

PROPOSED INSTITUTIONAL CAMPUS MASTER PLAN (cont’d)

TMC 1111.1304(I): Neighborhood Protection Strategy. The Institutional Master Plan shall identify standards and programs that will be put in place to ensure that the quality of the surrounding neighborhoods is maintained or enhanced.

RESPONSE: The nucleus of the neighborhood protection plan is centered on securing the sole structure located upon the Property. This will be done with the use of cameras, locked and secured entrances, and, as presently intended, the use of private security personnel for nocturnal hours once enrollment figures have raised to the level projected above. Otherwise, the remaining open areas of the Property, being vast greenspace will be utilized in a well-maintained and scholarly aesthetic, in compliance with existing zoning and use regulations.

20/20 Comp Plan

The Toledo 20/20 Comprehensive Plan targets the site for Single Family Residential land uses. The Single-Family Residential designation is intended to accommodate the development of single-dwelling units on individual lots. This land use designation may also include libraries, schools, churches, and community centers. The Institutional Campus future land use designation is intended to accommodate large institutional uses in campus-like settings, such as hospitals, schools and colleges. The IC Zoning District is intended to promote and enhance the development and expansion of medical, educational and other institutional uses.

Staff recommends approval of the adoption of the IC Master Plan because it is consistent with the Toledo 20/20 Comprehensive Plan and the stated purpose of the Zoning Code. Additionally, the proposed Master Plan complies with all applicable provisions of the Zoning Code. Finally, the proposed Master Plan will not result in significant adverse impacts to other property in the vicinity of the subject tract or to the natural environment.

STAFF RECOMMENDATION

The staff recommends that the Toledo City Plan Commission recommend approval of Z- 6003-21, a request for an Institutional Campus Master Plan at 4747 Heatherdowns Blvd for the following three (3) reasons:

1. The proposed use is consistent with the adopted Toledo 20/20 Comprehensive Plan and the stated purposes of the Zoning Code (TMC§1111.1309(A) – Review & Decision- Making Criteria).

2. The proposed use complies with all applicable provisions of the Zoning Code (TMC§1111.1309(B) – Review & Decision-Making Criteria); and

3. The proposed use will not result in significant adverse impacts to other property in the vicinity of the subject tract or to the natural environment (TMC§1111.1309(C) –Review & Decision-Making Criteria). 8 – 6 REF: Z-6003-21… August 12, 2021 STAFF RECOMMENDATION (cont’d)

The staff further recommends that the Toledo City Plan Commission recommend approval of Z-6003-21, an Institutional Campus Master Plan at 4747 Heatherdowns Blvd to the Toledo City Council, subject to the following six (6) conditions:

The following conditions are listed by agency of origin. Applicants are encouraged to contact each of the agencies to address compliance with their conditions.

Plan Commission

1. Applicant shall provide a Transportation Management Plan that includes the number of parking spaces available, the number needed for the proposed 700 students. The plan shall include information listed in TMC 1107.0602 “Off Street Parking Schedule D”. This plan shall meet the approval of the Division of Transportation. Occupancy permits will not be granted until this plan is submitted and approved.

2. Any future development projects will require a Site Plan Review to determine compliance with the City of Toledo Municipal Code minimum standards (design standards, drive aisle and parking stall widths, etc.).

Plan Commission (cont’d)

3. Any future development projects will require a Site Plan Review to determine compliance with the City of Toledo Municipal Code minimum standards.

4. Each Site Plan Review will require a detailed site, lighting, fencing, and landscaping plan to be submitted to the Plan director for review and approval. Note that the submittal shall include:

a. 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,

b. The location, type, and direction of any proposed lighting. The lighting is subject to the approval of the Director of the City of Toledo Plan Commission (lights are to be directed away from adjacent residential properties; and,

c. The location, height, and materials of any fencing to be installed and maintained.

5. Minor adjustments to the Master 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.

6. 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. 8 – 7 REF: Z-6003-21… August 12, 2021

INSTITUTIONAL CAMPUS MASTER PLAN TOLEDO PLAN COMMISSION REF: Z-6003-21 DATE: August 12, 2021 TIME: 2:00 P.M.

TOLEDO CITY COUNCIL ZONING AND PLANNING COMMITTEE DATE: September 22, 2021 TIME: 4:00 P.M.

NH Two (2) sketches follow

8 – 8 General Location Z-6002-21 & Z-6003-21

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8 - 10 REF: SUP-5002-21 DATE: August 12, 2021

GENERAL INFORMATION

Subject

Request - Special Use Permit for a gas station with convenience store.

Location - 2441 S Reynolds Road

Applicant - Iven Sharrak 670 North Pontiac Trail Walled Lake, MI 48390

Property Owner - Farzade of Toledo, Inc 2441 S. Reynolds Road Toledo, OH 43614

Architect - Scott Heacock 1303 Sabra Rd Toledo, OH 43612

Site Description

Zoning - CR / Regional Commercial Area - ± 0.55 acres Effective Frontage - ±170’ along S Reynolds Rd ±170’ along Heatherdowns Blvd Existing Use - Vacant Gas Station with Convenience Store Proposed Use - Gas Station with Convenience Store

Area Description

North - Restaurant, apartment complex / CR South - Big box stores / CR East - Commercial strip mall, parking lots / CR West - Waffle House, commercial auto repair/ CR

Parcel History

Z-32-75 - Special Use Permit for modernization of existing service station with canopy (Ord. 58-76 approved 1/21/76)

9- 1 REF: SUP-5002-21… August 12, 2021

GENERAL INFORMATION (cont’d)

Parcel History (cont’d)

SUP 322-75 - Special Use Permit to raze and rebuild an existing service station (Ord. 58-76 approved 1/27/76)

Z-115-76 - Special use Permit for illuminated canopy fascia and a two-pole sign (Ord. 612-78 approved 8/29/78)

SUP-103-87 - Special Use Permit to construct new kiosk, pumps and fuel islands (PC approved 3/21/91, Ord. 619-87 approved 9/4/90)

SUP-103-87 - Amendment to Special Use Permit for canopy modification (Ord. 896-90 approved 4/23/91)

SUP-8004-13 - Special Use Permit to request to raze and rebuild an existing gas station. (PC approved 9/12/13, Ord. 496- 13, 10/29/13)

SUP-4008-14 - Special Use Permit for landscape waivers (P.C. approved 6/12/14, Ord. 323-14, 7/29/14)

Applicable Regulations

• Toledo Municipal Code, Part Eleven: Planning and Zoning • Toledo 20/20 Comprehensive Plan

STAFF ANALYSIS

The applicant, Iven Sharrak, is requesting a Special Use Permit for a gas station and convenience store. The ± 0.55 acre site, located at the corner of S. Reynolds Rd and Heatherdowns Blvd, has historically hosted a gas station and convenience store, and was most recently approved as such in 2014. However, the site sat vacant for more than a year and the Special Use Permit became void. The property is surrounded by a restaurant and apartment complex to the north, a Waffle House and auto repair stores to the west, big box retail center to the south, and a retail strip mall and parking lot to the east. The applicant intends to demolish the existing building, reconfigure ingress and egress points, and build a new 3,400 square foot convenience store with landscaping. The pump islands have been reduced from six (6) to three (3) terminals. A Special Use Permit must be approved before construction can begin. As this location is sited on two major arterials and an important gateway to Toledo from the Ohio Turnpike, redevelopment is essential to improving the intersection.

9 - 2 REF: SUP-5002-21… August 12, 2021

STAFF ANALYSIS (Cont’d)

Gasoline and Fuel Sales Regulations

TMC§1104.0900 – Gasoline and Fuel Sales outlines site design criteria for Gas Stations and included are criteria governing site layout, location, and general requirements. The design criteria require that pump islands be set back fifteen-feet (15’) from the property line, canopies a minimum of ten-feet (10’), and non-petroleum displays a minimum of twenty-five-feet (25’). Additionally, it aligns with design consistency with the surrounding neighborhood. The presented site plan complies with these requirements.

Convenience Stores Regulations

TMC§1104.0600 Convenience Stores outlines criteria for Convenience Stores. Included are Hours of Operation, Negative Secondary Effects, and Spacing Requirements. Hours of Operation are limited from 5:30 am to 1 am. This site is not compliant with spacing requirements, as there is a Speedway gas station and convenience store within the 2,000-foot radius.

According to TMC§1104.0602, Negative Secondary Effects of Convenience Stores include litter that diminishes the aesthetics of the area, noise disruption, traffic, and pedestrian congestion which can intimidate individual patrons and disrupt neighborhood activity. Increased security and decorative fencing may alleviate these negative secondary effects. However, if concerns regarding litter or poor security on the site exist in the future, the Special Use Permit may be considered for revocation per TMC§1104.0602.

Parking and Circulation

Pursuant to TMC§1107.0304 – Parking, Loading, and Access: Gasoline and Fuel sales are required to have one (1) parking space per pump, plus one (1) parking space per three hundred (300) square feet of building area. The plan shows three (3) pump stations with six (6) at-pump parking spaces indicated. The proposed building is ±3,400 square feet, requiring an additional eleven (11) parking spaces not at the pump, inclusive of one (1) van-accessible space for persons with disabilities. The site plan provides eleven (11) parking spaces, one of which is van accessible and is compliant with parking requirements. The site plan indicates a total of two (2) curbs cuts.

The Division of Transportation has not submitted comments at time of print. However, Staff identified that required stacking is not shown on the site plan. Per TMC§1107.1601 - Minimum Number of Spaces: One (1) stacking space, at least ten-feet (10’) by twenty-feet (20’) wide is required per pump island. Per TMC§1107.1911 – Dimensions: a twenty-five-foot (25’) drive aisle is required and is not shown in the site plan and is listed as a condition.

Bicycle parking is required pursuant to Off-Street Parking Schedule “A” (TMC§1107.0300). A minimum of one (1) bicycle space shall be provided per ten (10) automobile parking spaces. The presented parking configuration has eleven (11) parking spaces. The presented site plan does not include the minimum one (1) bicycle parking rack and is not in compliance with minimum requirements.

9 - 3 REF: SUP-5002-21… August 12, 2021

STAFF ANALYSIS (cont’d)

Landscaping

Per TMC§1108.0202, the frontage greenbelt shall contain one (1) tree for every thirty (30) feet of frontage. A strict enforcement of TMC§1108.0202 would require five (5) trees on the S Reynolds Road frontage, and five (5) trees on the Heatherdowns Road frontage. The site plan indicates four (4) new trees on S Reynolds Road, and four (4) new trees added to Heatherdowns Blvd frontages. This is a new building so the site plan does not meet these requirements and this is listed as a condition.

Per TMC§1108.0204 Parking Lot Landscaping applies to all off-street parking lots containing five or more off-street parking spaces for any use. The total interior landscaping required in parking lots is 20 square feet per parking and stacking space. Based on the indicated parking spaces abutting the convenience store, the parking at six (6) pumps, and stacking, there should be 460 square feet of landscaping and is listed as a condition.

Per TMC§1108.0205 Interior Site Landscaping, for every 1,000 square feet of building coverage, one 2- inch caliper tree and foundation plantings shall be provided. The inclusion of three (3) caliper trees and foundation plantings along all portions of the building that are visible from the public right of way and building entrances will bring the site into compliance and is listed as a condition.

Perimeter parking lot landscaping applies to access drives, driveways, aisles, and loading areas, and shall be provided around the entire perimeter of the site. Due to siting the building under five (5) feet from the eastern property line, as presented, the perimeter landscaping is not compliant.

Building Design

As required by TMC§1109.0500 – Building Façade Materials and Color, indicated materials used for the western elevation facing S Reynolds Road are 18% architectural metal, 35% glass, 14% stone # 1, and 3.1% stone #2 which is compliant. The wall facing Heatherdowns Blvd is composed of 96 square feet of stone #2 with the majority of the wall constructed with painted concrete masonry units (CMU). The north and east walls are entirely CMU. As stated in TMC§1109.0502, all building material standards apply to all facades that are visible from the right of way, is not compliant and is listed as a condition.

20/20 Comp Plan

The Toledo 20/20 Comprehensive Plan targets this area for Regional Commercial. Regional Commercial land use designation is intended to accommodate auto-oriented commercial development in areas already built in this manner and to accommodate community and regional- oriented commercial uses. Because of the history of the site, as well as existing Regional Commercial zoning, the continued use of the site as a gas station is acceptable.

9 - 4 REF: SUP-5002-21… August 12, 2021

STAFF RECOMMENDATION

The staff recommends that the Toledo City Plan Commission recommend disapproval of SUP-5002-21, Special Use Permit for a gas station with a convenience store for the following reason:

The proposed use does not meet the stated purpose of this Zoning Code [TMC§1104.0603 Spacing Requirements]

Staff is recommending disapproval of this Special Use Permit. However, review agencies conditions are attached as EXHIBIT “A” for informational purposes.

SPECIAL USE PERMIT TOLEDO CITY PLAN COMMISSION REF: SUP-5002-21 DATE: August 12, 2021 TIME: 2:00 P.M.

CITY COUNCIL ZONING AND PLANNING COMMITTEE DATE: September 22, 2021 TIME: 4:00 P.M.

NH Three (3) sketches follow

9 - 5 REF: SUP-5002-21… August 12, 2021

Exhibit “A”

REVIEW AGENCY CONDITIONS

The following forty-two (42) 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:

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 Joe Warnka at (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. If existing water service lines are not to be reused, they will be abandoned by the City of Toledo at the developer’s expense.

7. If new water service taps are required, they will be installed by City of Toledo at the developer’s expense.

9 - 6 REF: SUP-5002-21… August 12, 2021

Division of Engineering Services (cont’d)

8. Plans for new water service lines or modifications to the existing water service lines shall be submitted to the Division of Water Distribution for review and approval.

9. The water meter setting detail, including meter bypass (if applicable) and backflow preventer, shall be submitted to the City of Toledo Backflow Prevention Coordinator, 401 S. Erie Street, Toledo, OH 43602 for review and approval.

10. 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. Contact the Division of Water Distribution (419-392-2032) to verify the backflow prevention requirements for this site.

11. In the event of site plan approval as-is without stormwater planning shown, future site plan changes made during the process of stormwater plan finalization shall be done with the Plan Commission included. Stormwater approval will be dependent on their approval of site plan changes.

12. The City of Toledo requires that all sites proposing earth disturbing activities of 2,500 sq. ft. or more be reviewed and approved by the Division of Engineering Services prior to the start of any construction or earth disturbing work (grading, clearing, stockpiling, etc.) Stormwater detention and a stormwater pollution prevention plan (SWP3) are required regardless of pre- and post- construction land use, in compliance with the latest version of the City of Toledo’s Infrastructure Design and Construction Requirements, which is available at https://cdn.toledo.oh.gov/uploads/documents/Public-Utilities/Engineering- Services/2014-infrastructure-requirements.pdf

13. Submittals needed to initiate stormwater review are: a. Engineering drawings and calculations compliant with previous comment. b. Long term operations and maintenance (O&M) plan for Detention and Post- Construction BMP’s. c. A Storm Water Pollution Prevention Plan (SWP3) including a completed Ohio EPA SWP3 checklist.

14. No record for the existing storm sewer system is on file with the City. Per the City’s MS4 permit all storm sewers must be mapped. Locate all existing storm sewers. Surrounding sewer mapping and a city technician can be available on request to assist.

15. Following the review process, the following will be needed for final stormwater approval: a. Fee for the sewer construction permit, which also requires a sewer contractor, licensed with the City of Toledo, to be named for the project. b. Completed form for responsible parties for SWP3 implementation. c. Covenant for the approved O&M plan. d. NOI, depending on final area of earth disturbance. 9 - 7 REF: SUP-5002-21… August 12, 2021

Division of Engineering Services (cont’d)

16. At the time of approval of stormwater plans, the applicant will likely be eligible for a percent reduction in the property’s stormwater utility fee through the Stormwater Credit Program. Information on the application process can be found at https://toledo.oh.gov/business/environment/storm-water-program

17. Sanitary sewer service for this development is available subject to the Rules and Regulations of the Department of Public Utilities.

18. A single sanitary sewer tap from this site shall be allowed into the public sanitary sewer system. Developer shall use existing sanitary tap, when available.

19. If there are any existing structures to be demolished at the site, the sanitary services to such structures will be killed by the City of Toledo at the developers cost.

20. Any previous kills that were not done at the right-of-way line shall be re-killed at the right- of-way to eliminate any active pipes on the property.

Division of Environmental Services

21. 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. a. Notification shall be made to the Division of Environmental Services (419-936-3015) no later than three days prior to commencement of construction activities. b. Construction BMPs shall be in place prior to the start of construction activities. c. SWP3 inspection reports shall be kept on site with the SWP3 and readily accessible during normal working hours.

22. Applicant shall maintain compliance with Ohio EPA’s General Storm Water NPDES permit programs.

23. Applicant is strongly encouraged to include multiple green infra-structure measures to minimize runoff and increase infiltration, and to minimize the amount of new and/or additional impervious surface on the site.

24. Applicant is strongly encouraged to plant native, low maintenance and non-invasive trees, shrubs and perennials. http://ohiodnr.gov/portals/0/pdfs/invasives/Alternatives_to_Ohio_Invasive_Plant_Species.pdf

25. 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.

9 - 8 REF: SUP-5002-21… August 12, 2021

Division of Fire

No comments or concerns.

Sewer & Drainage

26. S&DS requires that all private sewer lines that are not being removed or properly abandoned (both storm & sanitary) be cleaned and inspected.

27. S&DS requires that the 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 Transportation

28. No comments received at time of printing.

Plan Commission

29. Stacking spaces must be a minimum of 10’ by 20’ in size and a minimum quantity of one per gasoline pump island per TMC§1107.1601: not acceptable as depicted on site plan which indicates 9’ by 20’ stacking spaces.

30. Off-street parking and loading spaces, parking lots, maneuvering 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 toward the interior of the parking lot or to a stormwater treatment facility subject to the regulation’s approval of the Department of Public Utilities TMC§1107.1906; acceptable as depicted on site plan.

31. 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; not acceptable as depicted on site plan.

32. Designated pedestrian crossings at least 5 feet wide must be provided to ensure pedestrian safety. Per TMC§1107. 1602.B pedestrian walkways that cross vehicle stacking lanes must be clearly marked though the use of durable, low maintenance surface materials such as pavers, bricks, scored concrete or scored and painted asphalt: not acceptable as depicted on site plan.

33. Per TMC§1107. 1911 A aisle width for all new or altered off-street parking areas must be 25’ minimum for 90-degree angled parking spaces; acceptable between building and pumps as depicted on site plan.

9 - 9 REF: SUP-5002-21… August 12, 2021

Plan Commission (cont’d)

34. 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; location and pad are acceptable as depicted on revised site plan. However, enclosure materials and landscaping must be indicated.

35. Per TMC§1109.0204(A), at least one (1) main entrance of any commercial, mixed-use, or institutional building shall face and open directly onto a five-foot (5’) wide connecting walkway to the street sidewalk without requiring pedestrians to walk around buildings or around parking lot outlines which are not aligned to a logical route; not acceptable as depicted on site plan. Pedestrian access shall be provided for the proposed building and depicted on revised site plan.

36. The building design shall meet the requirements of TMC§1109.0502 Building Façade Materials and Color Requirements. Building material standards apply to all facades that are visible from the right-of-way. Percentages apply to each façade individually. Under the building material matrix up to 20% of each elevation may be comprised of stucco, wood, architectural concrete masonry units, fiber cement board, EIFS, ceramic, vinyl or composite siding or glass block; acceptable as presented on the west and north elevations only. Both the east and south elevations are visible from the right-of-way and must be constructed with 80% predominant building material to be compliant.

37. The façade colors shall be low-reflectance, subtle, neutral or earth tone colors. Building trim and accent areas may feature brighter colors, including primary colors subject to the approval of the Planning Director. Façade building materials and colors shall be indicated on revised building elevations.

38. Per TMC 1103.0708 One high profile sign may be installed as an alternative and substitute fascia or wall sign for business establishments. A high-profile sign shall not exceed twelve (12) feet in height above the grade elevation of the nearest right-of- way; not acceptable as presented. The existing sign post must be brought into compliance.

39. 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 S Reynolds Road and Heatherdowns Blvd frontages and shall include one (1) tree for every thirty (30’) of lot frontage; not acceptable as depicted.

9 - 10 REF: SUP-5002-21… August 12, 2021

Plan Commission (cont’)

b. Interior parking lot landscaping required in parking lots is 20 square feet per parking and stacking space. Based on the indicated parking spaces abutting the convenience store, the parking at six (6) pumps, and stacking, there should be 460 square feet of landscaping; not acceptable as depicted.

e. 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.

f. 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.

g. The location, height, and materials for any fencing to be installed and maintained (including the proposed dumpster screenings.)

40. 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.

41. 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.

42. 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.

9 - 11 N GENERAL LOCATION SUP-5002-21

S E CR R E ST C

T N RYAN

R E

PA G

D A

T R

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P ES A R

FO T

SOUTHWYCK E A

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A R

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B HEATHBRIAR APARTMENTS I 80 I 80 90 W TO R W EYNOLDS RD I 80 E I D TO I 80 90 E 80 REYNOLDS R 9 V 0 ILLAG E E TO

RE YN O LD S RD I 80 9 0 TO REYNO LDS RD REYNO LDS RD N TO I 80 90

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9 - 12 N ZONING & LAND USE SUP-5002-21

CR-SO

Vacant Big Box Store RM12

Vacant Lot S

P Open Space

RD6

partments D N Genesis Village

O h O CO c it

W D

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H a

T h ra G Pharmacy

Bob Evans

Waffle House CR CO Auto Parts SITE RM12

HEATHERDOWNS

Parking Lot Speeway Convenience Store Parking Lot

uto Repair

Condominiums

Southwyck Lanes Auto Parts Dollar Store

Parking Lot RD6 Parking Lot S JOANN Fabrics

O THE VILLAS CONDOMINIUMS

R Harbor Freight

E Auto Repair G A L L I

I 8 0 90 W TO R EYNOLDS RD 0

9 I 80 W 0

RD TO I 80 90 E T REYNOLDS

D I 80 E

9 - 13 N SITE PLAN SUP-5002-21 9

14 REF: SPR-33-21 DATE: August 12, 2021

GENERAL INFORMATION

Subject

Request - Major Site Plan Review for new multi-family development

Location - 2011 Franklin, 18 W. Woodruff, 23, 27 & 29 Irving

Applicant - Ryan Cassell Community Housing Network 1680 Watermark Drive Columbus, OH 43215

Owner - Warren A.M.E. Church Housing Opportunities 915 Collingwood Blvd Toledo OH 43604

Engineer - Lewandowski Engineers 234 N. Erie Street Toledo, OH 43604

Architect - Andrew Wieland Ghafari + Associates 17101 Michigan Avenue Dearborn, MI 48126

Site Description

Zoning - RM34 Multi-family residential Area - ±2.18 Acres Frontage - ±265’ along Franklin Ave - ±360’ along W Woodruff Ave - ±360’ along W Irving St Existing Use - Undeveloped Land Proposed Use - Multi-Family Dwelling

Area Description

North - Apartments, Single Family Homes, Church / RM36 East - Multi-family Homes / RD6 South - Lodge / RS6 & CR-SO West - Undeveloped land, vehicle storage and offices / IG

10 – 1 REF: SPR-33-21. . . August 12, 2021 GENERAL INFORMATION (cont’d)

Parcel History

V-186-65 - Vacation of a portion of Warren Street between Irving Street and Woodruff Avenue (PC approved 08/05/1965).

V-187-65 - Vacation of alleys adjacent to Warren School Site bounded by Putnam St, Irving St, Franklin Ave and woodruff Ave (PC approved 08/16/1965, Ord. 800- 65).

V-244-68 - Vacation of alley between Woodruff Avenue and Irving Street west of Franklin Avenue (PC approved 09/05/1968, Ord. 947-68).

Z-209-82 - Zone Change to Multi-dwelling Residential for an area bounded by Bancroft St, Fulton St, and Woodruff Ave (PC approved 10/05/1982, CC approved 12/1/1982, Ord. 44-83).

SPR-46-16 - Major Site Plan Review for Multiple Bldgs. On a Lot and Community Center at 2011 Franklin Ave, 18 W. Woodruff Ave, 23-29 Irving St, 2015 Warren Ave, 129 Irving St (case expired).

SUP-10009-16 - Special Use Permit for Active Community Recreation at 2011 Franklin Ave, 18 W. Woodruff Ave, 23-29 Irving St, 2015 Warren Ave, 129 Irving St, 128-136 W. Woodruff Ave, & 2012 Putnam St (case expired).

SPR-40-18 - Major Site Plan Review for 65 Unite Apartment Building at 2011 Franklin, 18, 128, 132, 136 W Woodruff, 23, 27, 29, 129 Irving, 2015 Warren & 2012 Putnam St (case expired).

SUP-11005-18 - Special Use Permit for Job Training Facility at 2011 Franklin, 18, 128, 132, 136 W. Woodruff, 23, 27, 29, 129 Irving, 2015 Warren & 2012 Putnam St (case expired).

10 – 2 REF: SPR-33-21. . . August 12, 2021 GENERAL INFORMATION (cont’d)

Parcel History (cont’d)

SPR-55-19 - Major Site Plan Review for a multi-dwelling residential development at 2011 Franklin Avenue, 18, 128, 132 & 136 W. Woodruff Ave, 23 27, 29, & 129 Irving St, 2015 Warren St (PC approved 01/09/20, case expired).

Applicable Plans and Regulations

• Toledo Municipal Code, Part Eleven: Planning and Zoning Code • Toledo 20/20 Comprehensive Plan • Warren Sherman Area Council Strategic Plan (1996)

STAFF ANALYSIS

The applicant, Community Housing Network Inc (CHN) is requesting a Major Site Plan Review for a new multi-family development at 2011 Franklin, 18 W. Woodruff, 23, 27 & 29 Irving. The site will be a three (3) story, forty-six (46) unit apartment building. Surrounding land uses include apartments, single family homes, and a church to the north, multi-family houses to the east, a lodge and commercial properties to the south, and an undeveloped lot followed by offices to the west.

The site is the location of the former Warren Elementary School, which closed in 2006 and has since been demolished and sold to the current owner. The eastern ±2.18 Acres of the block are included in this plan. The submitted site plan proposes a roughly ‘L’ shaped building at the corner of Franklin Avenue and Irving Street, extending down almost the entire frontage of Franklin Ave. The site plan shows twenty-three (23) parking spaces. A Major Site Plan Review is required because of the building size.

The applicant describes the project as “permanent, affordable, supportive housing” for the formerly homeless. Tenants have the same rights and responsibilities as residents in other apartment buildings as set forth in all relevant Landlord/Tenant Laws and Fair Housing regulations. This project is not a shelter, group or transitional home, or substance treatment center. Based on the number of units requested this project is considered a multi-family dwelling.

Similar developments have been proposed for the site. However, a variety of challenges such as neighborhood concerns, and funding complications caused previous applications to expire or be withdrawn. Most recently, SPR-55-19 was reviewed and approved in 2020 however was not completed and approval expired prior to the project moving forward. The newly submitted site plan and elevations differ from all previous submissions.

10 – 3 REF: SPR-33-21. . . August 12, 2021 STAFF ANALYSIS (cont’d)

Parking and Circulation

The site plan depicts an off-street parking area on the southern portion of the site. A new driveway would be created off of W. Woodruff to allow egress and ingress of the parking area. The parking area contains twenty-three (23) total spaces. Three (3) of which would be van acceptable.

Due to the proposed multi-family use of the site, TMC§1107.0305 Off-Street Parking Schedule “A” applies. Parking requirements for Multi-Dwelling structures are calculated cumulatively based on the number of units in the dwelling. For the forty-six (46) unit building seventy-four (74) parking spaces would be required. The twenty-three (23) parking spaces shown does not meet this minimum, however an alternative parking plan has been submitted and approved by the Director.

In the alternative parking plan, the applicant states that the number of spaces is based on the needs of their tenants, who often cannot afford vehicles. Details regarding the study can be found in Exhibit “A”. In order to provide parking for guests the site plan offers one (1) parking space for every two (2) units. Based on the evidence provided the Director has approved the quantity of parking. An undeveloped portion of the site shall be retained in the event of future parking demand or conversion of the apartments into market-rate units.

A portion of the total number of required off-street parking spaces must be specifically designated, located, and reserved for use by persons with physical disabilities. According to the table in TMC§1107.1701 – Number of Required Parking Spaces for Persons with Disabilities, the applicant is required to provide at least two (2) auto and one (1) van accessible space for a total of three (3) parking spaces for persons with physical disabilities. Two (2) van accessible parking spaces and one (1) auto accessible space are depicted and comply with these parking requirements.

Additionally, bicycle parking slots shall be provided pursuant to Off-Street Parking Schedule “A” (TMC§1107.0900). Off-Street Parking Schedule “A” requires one (1) bicycle parking slot per ten (10) parking spaces. Calculations conclude that a total of seven (7) bicycle parking slots are required for the development. The submitted site plan depicts ten (10) bicycle parking spaces, as well as an unspecified quantity of inside bicycle storage. Pedestrian flow has been accommodated via walkways branching from the public sidewalk.

Lastly, per TMC§1107.1910, parking areas may be required to provide litter receptacles. The site plan depicts a dumpster on the western edge of the site, however does not clarify the location of any litter receptacles, such as trash cans, for use of parking area users as well as others. A revised site plan indicating at least one (1) trash can near the building entrance closest to the parking area shall be required as a condition of approval.

STAFF ANALYSIS (cont’d) 10 – 4 REF: SPR-33-21. . . August 12, 2021

Landscaping

Per TMC§1108.0202 – Frontage Greenbelts the site is required to provide a fifteen-foot (15’) landscaped frontage greenbelt. The submitted landscape plan is acceptable as submitted. A variety of trees already existing on the site are being preserved and have been evaluated using the existing tree credit table found in TMC§1108.0407(B). Any existing trees removed shown in the frontage area during construction shall be required to be replaced with the equivalent quantity of new plantings. The parking lot screening requirements are met by the solid evergreen hedge around the perimeter of the parking lot.

Per TMC§1108.0205 Interior Site Landscaping one (1) tree per five hundred square feet (500’) of building coverage is required. Frontage greenbelt trees are included in this calculation. Foundation plantings for elevations visible from the right-of-way are required as well. Thirty-six (36) total trees are required. Using the frontage greenbelt trees this requirement has been met, however the landscape plan indicates an additional twenty-four (24) trees across the site exceeding the minimum requirements. The quantity of trees provided will have a significant impact on mitigating the urban-heat island effect associated with the additions on the lot.

Additionally, landscaping around the parking area is required per TMC§1108.02.04 Parking Lot Landscaping. Twenty square feet (20’) of landscaped area is required per parking and stacking space. Landscape areas within the parking area must be peninsular or island types and must be constructed in such a way as to prevent damage to landscaped areas. Perimeter landscaping must be installed along any parking lot area adjacent to a street, place, or driveway, or visible from an immediately adjacent property. Two (2) trees are required for each ten (10) parking spaces within the parking lot. Six (6) shrubs are required per ten (10) parking spaces as well. The two landscaped interior islands depicted on the site plan as well as the perimeter plantings meet all requirements of this code.

Building Design & Materials

All elevations of the proposed building are visible from the right-of-way and are required to comply to the standards of TMC§1109.0500 Building Façade Materials and Colors. Submitted elevations depict a minimum of sixty percent (60%) brown brick to be used on each elevation. Additional materials include less than twenty percent (20%) gray and beige vinyl, minimal accents of metal, and ample glazing. All elevations meet the façade requirements.

Additionally, each building plane has utilized recesses, offsets, and a variety of roof heights to better incorporate into the surrounding context. Entry ways have been clearly defined using distinct accenting and canopy covers. Overall, the building elevation and design complies with TMC design standards.

10 – 5 REF: SPR-33-21. . . August 12, 2021 Neighborhood Meeting

Pursuant to TMC§1111.0200 Neighborhood Meetings, prior to the Plan Commission public hearings the Plan Director can require a neighborhood meeting be held by the applicant to clarify development plans and create an opportunity for additional public input. Due to the scale and history of the site a neighborhood meeting was held on Monday, July 26 2021 at 2001 Ashland Ave from 5:00 pm to 6:30 pm. Neighbors of the site, as well as the district councilmember, were in attendance.

Warren Sherman Area Council Strategic Plan

The Warren Sherman Area Council Strategic Plan designates the site institutional in 1996, prior to the demolition Warren School. Although the proposed land use does not conform to the plan, staff is supportive of the proposed use due to the stated objective of developing housing to meet the needs of low income individuals in the Warren Sherman area.

Toledo 20/20 Comprehensive Plan

The Toledo 20/20 Comprehensive Plan targets this site as Park & Open Space. The Park & Open Space land use designation is intended to preserve and enhance major open space and recreation area. The park & Open Space designation may also be applied to privately-owned open space areas within residential developments.

The Toledo 20/20 Comprehensive Plan land use designation was assigned to this property when it functioned as an elementary school. Although the proposed land use does not conform to the Toledo 20/20 Comprehensive Plan, staff is supportive of the proposed use due to the Multi- Family Residential and Urban Village land use designations being immediately adjacent to the site.

Staff recommends approval of the Major Site Plan Review. The proposed land use is compatible with the surrounding uses and permitted within the zoning district. The site complies with the standards and intent of the zoning code.

STAFF RECOMMENDATION

The staff recommends that the Toledo City Plan Commission approve SPR-33-21, a Major Site Plan Review for new multi-family development at 2011 Franklin, 18 W. Woodruff, 23, 27 & 29 Irving:

1. The proposed site plan complies with all standards of the Toledo Municipal Code and the Zoning Code (TMC§1111.0809(A)); and,

2. The proposed land use is allowed in the zoning district which it is located (TMC§1111.0809(B)),

10 – 6 REF: SPR-33-21. . . August 12, 2021 STAFF RECOMMENDATION (cont’d)

The staff further recommends that the Toledo City Plan Commission recommend approval of SPR-33-21, a request for Major Site Plan Review for new multi-family development at 2011 Franklin, 18 W. Woodruff, 23, 27 & 29 Irving, subject to the following forty-eight (48) conditions:

The following 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

1. A pre-submittal meeting is not required; however, one may be requested. Contact information is as follows:

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.

5. Contact Joe Warnka at (419) 245-1341 for inspection of above mentioned items.

6. Water service is available subject to the Rules and Regulations of the Department of Public Utilities.

10 – 7 REF: SPR-33-21. . . August 12, 2021 STAFF RECOMMENDATION (cont’d)

Division of Engineering (cont’d)

7. The plans show the proposed water service line connecting to an 8-inch diameter water main in Woodruff Avenue. This 8-inch water main is no longer in service. Contact the Division of Engineering Services for information regarding the existing water facilities in Woodruff Avenue and Franklin Avenue.

8. Detailed plans for the water service lines shall be submitted to the Division of Water Distribution for review and approval. Plan design and submittal shall comply with the current version of the City of Toledo DPU Infrastructure Design and Construction Requirements.

9. The current version of “WATER GENERAL NOTES FOR CITY OF TOLEDO PRIVATE WATER MAINS, FIRE LINES AND LARGE SERVICES” shall be included on the plans and can be obtained from the City of Toledo Division of Water Distribution.

10. The water meter setting detail, including meter bypass (if applicable) and backflow preventer, shall be submitted to the City of Toledo Backflow Prevention Coordinator, 401 S. Erie Street, Toledo, OH 43602 for review and approval. Approval of site utility plan is contingent on approval of meter setting and backflow preventer.

11. 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. Contact the Division of Water Distribution (419-936-2839) to verify the backflow prevention requirements for this site.

12. Contact the City of Toledo Fire Prevention Bureau (419-245-1263) to verify the fire protection requirements for this site. Contractors performing work on new or existing fire systems shall be licensed by the State of Ohio Fire Marshall and certified by the City of Toledo Fire & Rescue Department.

13. New water service taps will be installed by City of Toledo at the developer’s expense.

14. No stormwater objection to site plan. Submittals needed to initiate stormwater review are: • Engineering drawings and calculations compliant with the City of Toledo Infrastructure Design and Construction Requirements, which is available at https://cdn.toledo.oh.gov/uploads/documents/Public-Utilities/Engineering- Services/2014-infrastructure-requirements.pdf.

10 – 8 REF: SPR-33-21. . . August 12, 2021 STAFF RECOMMENDATION (cont’d)

Division of Engineering (cont’d)

• A Storm Water Pollution Prevention Plan (SWP3) including a completed Ohio EPA SWP3 checklist.

• Long term operations and maintenance (O&M) plan for Detention and Post- Construction BMP’s, to the requirements of the Ohio CGP, as a standalone 8.5x11 document.

15. Following the review process, the following will be needed for final stormwater approval: • Fee for the sewer construction permit, which also requires a sewer contractor, licensed with the City of Toledo, to be named for the project. • Completed form for responsible parties for SWP3 implementation. • Covenant for the approved O&M plan, utilizing the City’s standard agreement language that references O&M Plan as Exhibit B.

17. Sanitary sewer service for this development is available subject to the Rules and Regulations of the Department of Public Utilities.

18. A single sanitary sewer tap from this site shall be allowed into the public sanitary sewer system. Developer shall use existing sanitary tap, when available.

19. Any previous kills that were not done at the right-of-way line shall be re-killed at the right-of-way to eliminate any active pipes on the property.

Sewer and Drainage Services

20. S&DS requires that all existing private sewer lines that are not being removed or properly abandoned (both storm & sanitary) be cleaned and inspected.

21. S&DS required 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 two (2) years. An electronic copy (DVD/memory stick) shall be provided to S&DS demonstrating the lines cleaning and integrity.

10 – 9 REF: SPR-33-21. . . August 12, 2021 STAFF RECOMMENDATION (cont’d)

Division of Environmental Services

22. 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. a. Notification shall be made to the Division of Environmental Services (419-936-3015) no later than three days prior to commencement of construction activities. b. Construction BMPs shall be in place prior to the start of construction activities. c. SWP3 inspection reports shall be kept on site with the SWP3 and readily accessible during normal working hours.

23. Applicant shall maintain compliance with Ohio EPA’s General Storm Water NPDES permit programs.

24. Applicant is strongly encouraged to include multiple green infra-structure measures to minimize runoff and increase infiltration, and to minimize the amount of new and/or additional impervious surface on the site.

25. Applicant is strongly encouraged to plant native, low maintenance and non-invasive trees, shrubs and perennials. http://ohiodnr.gov/portals/0/pdfs/invasives/Alternatives_to_Ohio_Invasive_Plant_Sp ecies.pdf

26. 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

27. The proposed new building will require compliance with all applicable Fire Sprinker and Alarm, Building, Electrical, Mechanical and Plumbing code requirements.

28. Post Indiciator Valve (PIV) and Fire Dept. Connection (FDC) locations to be approved by the site engineer and the Fire Prevention Dept.

29. Approved Premises identification is required.

Division of Transportation

30. Wheel stops are required at all parking spots abutting property lines, sidewalk, planting strips, and buildings per TMC 1107.1907.

10 – 10 REF: SPR-33-21. . . August 12, 2021 STAFF RECOMMENDATION (cont’d)

Plan Commission

31. All lots included in the development shall be combined into a single parcel.

32. All spaces reserved for the use by persons with physical disabilities shall adhere to the standards outlined in TMC§1107.1700. Acceptable as depicted.

33. Per TMC§1107.0900 three (3) bicycle parking spaces are required. Acceptable as depicted.

34. Per TMC§1107.1202(A)(1), no parking space may be located within the front yard (25’) of a residential district, except parking spaces for detached houses, attached houses, and duplexes may be located on the driveway. The site plan depicts the parking area starting further than twenty-five (25’) back and is acceptable as depicted.

35. Per TMC§1107.1407, the Planning Director may authorize a reduction in the number of required off-street parking spaces for development that provides an alternative parking plan. Revision needed to alternate parking plan. The director approves of the shown quantity of parking. A revised site plan shall depict a portion of the lot that shall be retained in the event of future parking demand on the site or in the event the apartments are converted into market-rate units.

36. 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.

37. Whenever a parking lot extends to a property line, sidwalk, 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)).

38. 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 setback. A revised site plan shall indicate material of dumpster enclosure, the location is acceptable as depicted.

39. A minimum of one litter receptacle shall be provided for the parking area of the building near the entrance to the building and accessible via an ADA path. A revised site plan shall indicate location of litter receptacle.

10 – 11 REF: SPR-33-21. . . August 12, 2021 STAFF RECOMMENDATION (cont’d)

Plan Commission (cont’d)

40. The building design shall meet the requirements of TMC§1109.0500 Building Façade Materials and Color. All façades are visible from the right of way and therefore must comply to these standards. Acceptable as depicted.

41. The façade colors shall be low-reflectance, subtle, neutral, or earth tone colors. Building trim and accent areas may feature brighter colors, including primary colors subject to the approval of the Planning Director. Acceptable as depicted.

42. No 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.

43. 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 each frontage, and shall include one (1) tree per every thirty feet (30’) of frontage. The portions of the site with a parking lot facing right-of-way shall include a solid evergreen hedge planting to screen the parking lot so that no headlights of any vehicles can be seen from the public street; acceptable as depicted.

b. All parking areas visible from the right-of-way or adjacent properties shall be screened from view using an evergreen hedge line so that no headlights of any vehicles can be seen; acceptable as depicted.

c. The total interior landscaping required in parking lots is twenty (20) square feet per parking and stacking space; acceptable as depicted.

d. Landscape areas within the parking area must be peninsular or island types and must be constructed with six-inch (6”) by eighteen-inch (18”) concrete curbing, cast-in-place, extruded, or by some other process approved by the Planning Director;

e. All parking spaces must be within 100 linear feet of a landscaped area; acceptable as depicted,

f. Topsoil must be back filled to provide positive drainage of the landscape area;

10 – 12 REF: SPR-33-21. . . August 12, 2021

STAFF RECOMMENDATION (cont’d)

Plan Commission (cont’d)

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, height and materials for any fencing to be installed and maintained; Pursuant to TMC§1105.0302(A)(1), fences may not exceed 3½ feet in height in the required front setback.

j. Six (6) shrubs are required to be installed in interior landscape areas for each ten (10) parking spaces within the parking lot. One canopy tree may substitute for three shrubs. Not acceptable as depicted. European Cranberry Bush shall be replaced with non-invasive alternative.

k. If site is ½ acre or larger, landscaped areas must be irrigated as necessary to maintain required plant materials in good and healthy condition. Irrigation plans must be submitted with development plans and must contain all construction details;

l. The location and direction of any proposed lighting (lights are to be directed away from adjacent residential properties); and,

m. The location, lighting and size of any signs.

n. One (1) tree is required per five-hundred (500) square feet of building coverage. Acceptable as depicted.

44. Per TMC§1108.0407(B), if any preserved tree dies it must be replaced with another tree or trees that are at least equal to the credit value of the preserved tree.

a. Along Franklin nine (9) tree credits are required; two thirty-six-inch (36”) caliper trees and one twenty-four-inch (24”) caliper tree provide the equivalent of twenty-two (22) tree credits. Along Irving twelve (12) tree credits are required. Eight (8) existing trees are shown worth a cumulative of forty-eight (48) tree credits. Along Woodruff twelve (12) tree credits are required. Five (5) new trees, as well as twelve (12) existing tree credits bring the frontage into compliance.

10 – 13 REF: SPR-33-21. . . August 12, 2021

STAFF RECOMMENDATION (cont’d)

Plan Commission (cont’d)

45. Prior to any site demolition, or grading, barriers must be constructed around existing trees and shrubs to be preserved. Barriers around trees to be preserved must include the area under the drip line of the tree. Barriers around shrubs to be preserved must include the area within three-feet (3’) of the shrub mass. Failure to maintain barriers may result in revocation of the building permit. All protections shall comply to the standards of TMC§1108.0408 Protection During Construction.

46. 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.

47. Per TMC§1111.0814, if a building permit is not issued within two (2) years of this approval then the site plan approval shall become null and void.

48. 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.

MAJOR SITE PLAN REVIEW TOLEDO CITY PLAN COMMISSION REF: SPR-33-21 DATE: August 12, 2021 TIME: 2:00 P.M.

JGL Seven (7) sketches follow One (1) Exhibit follows

10 – 14 SPR-33-21 N GENERAL LOCATION ID 14

C H E RR BATAVIA Y PAGE

Y MA T

NI Y

VI U

N L L

FU O

COLUMBIA T

K V

SHERMAN

P R

A BANCROFT W

A S HL A

ND 2

1 1

N PRESCOTT

LT FU

WAYMAN PALMER BEACON

FLOYD

N T

U SITE P

IRVING 4

2 1 SPR-33-21

WOODRUFF T

R VE LA 2 BU 2 RN U IN

M L K

D F

WARR

O W

A N DA LI SOUTHARD MS

2 T

MAD ON

IS M

O R

N E V JACKSON

JEFFE RSON

18 20 7 15 1

9 6 2 1 1 1

3 M 1 1 ONRO 1 E

10 - 15 SPR-33-21 N ZONING & LAND USE ID 14

SF SF Duplex SFRS6 RS6 Comm. CR RD6 Apartments SF Duplex WAYMAN PALMER

FLOYD

Apartments

Duplex

Living Word Ministries Church Apartments

RM36

N E

R RD6 R

WA IRVING

SITE

Vacant

WOODRUFF

LIN

RA F

Parking

E R

R Vacant Comm. Food Bank Vacant WA

Hall Comm. Warehouse IP CR

Light Manufacturing Offices Vacant Vac. Parking Warehouse AD AMS Auto Repair Warehouse Offices

10 - 16 SPR-33-21 N SITE PLAN ID 14 10 - 17 SPR-33-21 N LANDSCAPE PLAN ID 14 10 - 1 8 SPR-33-21 CONCEPT RENDER ID 14 10 - 19 SPR-33-21 EAST & NORTH ELEVATIONS ID 14 10 - 20 SPR-33-21 SOUTH & WEST ELEVATIONS ID 14 10 - 21 EXHIBIT “A” SPR-33-21 PARKING PLAN ID 14

10 - 22 REF: M-13-21 DATE: August 12, 2021

GENERAL INFORMATION

Subject

Request - Text amendment for various sections of TMC Part 11, replacing “One Stop Shop, Building Inspection, and Code Enforcement” with “Division of Building Inspection” and replacing “Commissioner of Building Inspection and Code Enforcement” with “Commissioner of Building Inspection”

Applicant - Toledo City Plan Commission One Government Center, Suite 1620 Toledo, OH 43604

STAFF ANALYSIS

The request is a text amendment to modify various sections of the Toledo Municipal Code (TMC) Chapter 11 to reflect the current structure and implementation of the TMC Chapter 11 Rules and Regulations. Three (3) City of Toledo offices are responsible for enforcing and carrying out the Zoning Code, and the Code itself needs to reflect which office is assigned the responsibilities of the Zoning Code. Clarifying the correct agency will provide accurate information for citizens and less confusion for management.

Over the past few decades, the responsibilities of the Plan Commission, Division of Building Inspections, and Division of Code Enforcement staff have evolved as more efficient operating procedures have been implemented. Previously, “One Stop Shop” was the name given to staff from the Division of Building Inspections and the Division of Code Enforcement who worked with citizens on their requests. It was found that this overlap caused confusion for applicants and staff rather than efficiency, and the “One Stop Shop” is no longer used. Also, Plan Commission staff now take in applications and requests that once were taken in by the “One Stop Shop” or Division of Building Inspections.

Another correction to be made in Chapter 11 of the TMC is clarifying which department head is responsible for interpretations, administrative decisions, and enforcement. At one time the Commissioner of Building Inspection and the Commissioner of Code Enforcement were proposed to be the same position, which is no longer applicable. The two (2) positions are separate with distinct responsibilities. Chapter 11 of the TMC should reflect these structural changes to help citizens with identifying which department is responsible for which decisions.

11 - 1 REF: M-13-21...August 12, 2021

STAFF RECOMMENDATION

The staff recommends that the Toledo City Plan Commission recommend approval of the text amendment for various sections of TMC Part 11 as shown in Exhibit “A” to the Toledo City Council for the following reason:

1. The proposed text amendment corrects multiple errors and inconsistencies in the Zoning Code that have resulted from changing administrative operating procedures (TMC§1111.0506(A) Review and Decision-Making Criteria).

ZONING TEXT AMENDMENT TOLEDO CITY PLAN COMMISSION REF: M-13-21 DATE: August 12, 2021 TIME: 2:00 P.M.

ZONING AND PLANNING COMMITTEE OF CITY COUNCIL DATE: September 22, 2021 TIME: 4:00 P.M.

DR Exhibit “A” follows

11 - 2 REF: M-13-21...August 12, 2021

Exhibit “A” (Additions in italic highlight. Deletions in bold strikethrough.)

CHAPTER 1101 INTRODUCTORY PROVISIONS

1101.0900 Official Zoning Map 1101.0902 Location The Official Zoning Map is located on the City of Toledo’s official website on the Plan Commission webpage filed in the office of the Clerk of the Council. In case of any dispute regarding the zoning classification of property subject to this Zoning Code, the maps maintained by the Plan Commission Clerk of the Council will govern. Administrative copies of the Official Zoning Map must also be on file in the office of the Division of Building Inspection and Code Enforcement and the office of the Plan Commission.

CHAPTER 1103 OVERLAY ZONING DISTRICTS

1103.1000 -PUD, Planned Unit Development Overlay District 1103.1012 Successive Applications When the City Council denies a Planned Unit Development application or the applicant withdraws an application after the first public hearing notice has been published in the newspaper, the One Stop Shop staff of the Division of Building Inspection and Code Enforcement may not accept and the Plan Commission staff may not accept or process another application for the same or similar use affecting the same property or a portion of it until the expiration of a 1-year period, extending from the date of denial by the City Council or withdrawal by the applicant.

CHAPTER 1104 USE REGULATIONS

1104.1400 Marinas 1104.1409 Additional Approvals Additional applications and reviews may be necessary as a part of the City permit process. Specifically, the Department of Public Services, Division of Streets, Bridges, and Harbor, the Department of Fire and Rescue Operations and the Division of Building Inspection and Code Enforcement.

CHAPTER 1105 ACCESSORY USES

1105.0400 Home Occupations 1105.0405 Use-Related Regulations B. Prohibited Regulations 7. The Commissioner of Building Inspection and Code Enforcement is authorized to classify uses not listed above as a prohibited home occupation if the use closely fits into one of the above prohibited use types or descriptions.

11 - 3 REF: M-13-21...August 12, 2021

Exhibit “A” (Additions in italic highlight. Deletions in bold strikethrough.)

CHAPTER 1105 ACCESSORY USES (cont’d)

1105.0400 Home Occupations (cont’d) 1105.0410 General Home Occupation Permit A. Purpose Permits for General home occupations must be obtained from the Commissioner of Building Inspection and Code Enforcement prior to their establishment. The permit requirements are intended to ensure: B. Procedure A home occupation permit for General home occupations will be issued by the Commissioner of Building Inspection and Code Enforcement for a 2-year period. It is the responsibility of the applicant to obtain the permit every 2 years. The review process requires the applicant to submit an affidavit pledging agreement with these conditions and documentation that the proposal is a General home occupation. The permit is tied to the applicant and not to the lot occupied by the home occupation; permits are not transferable to other sites or other operators.

1105.0500 Liquid Petroleum Gas Storage in Residential Districts 1105.0502 Installations must conform to: B. regulation promulgated by the Fire Prevention Bureau and the Division of Building Inspection and Code Enforcement relative to the storage, handling and installation of equipment for liquefied petroleum gases.

1105.0700 Satellite Dishes and Antennas 1105.0702 Satellite Dishes Less than One Meter and TV/Radio Antennas B. In Residential districts such dishes and antennas shall be located only on a roof or in rear or side yards unless such restriction precludes reception of an acceptable quality signal. In such case such dish or antenna may be placed anywhere on the lot except within an easement of record. Proof of inability to receive an acceptable quality signal shall be provided to the One Stop Shop, Division of Building Inspection and Code Enforcement, upon request.

1105.1000 Temporary Uses 1105.1001 Contractor’s Office and Construction Equipment Sheds Contractor’s offices and construction equipment sheds are allowed in any zoning district when accessory to an allowed construction project. A. Contractor’s offices and construction equipment sheds must be located on the same site as the construction project unless approved by the Commissioner of Building Inspection and Code Enforcement.

11 - 4 REF: M-13-21...August 12, 2021

Exhibit “A” (Additions in italic highlight. Deletions in bold strikethrough.)

CHAPTER 1108 LANDSCAPING AND SCREENING

1108.0100 General 1108.0104 Building Permits and Certificates of Use and Occupancy B. Certificates of Use and Occupancy 1. If landscape and screening has not been installed in compliance with the applicable standards of this Chapter within 180 days, the Commissioner of Building Inspection and Code Enforcement shall authorize use of the funds or financial security to acquire and install required landscaping and screening.

1108.0400 Landscape Material Standards 1108.0408 Protection During Construction If trees or shrubs are to be credited towards landscaping requirements they must be protected during all phases of construction as follows: G. For projects not requiring a site grading plan, the required barriers must be constructed by the property owner and approved by the Commissioner of Building Inspection and Code Enforcement prior to issuance of a building permit.

CHAPTER 1110 FLOOD CONTROL REGULATIONS

1110.0200 Definitions 1110.0247 “Substantial Improvement” B. Any project for improvement of a Structure to correct existing Violations of state or local health, sanitary, or safety code specifications which have been identified prior to the application for a Development permit by the local code enforcement official Division of Building Inspection and which are the minimum necessary to assure safe living conditions;

CHAPTER 1111 DEVELOPMENT APPROVAL PROCEDURES

1111.0100 General 1111.0103 Form of Application Applications required under the Zoning Code must be submitted in a form and in such numbers as required by the Toledo City Plan Commission or the Division of Building Inspection and Code Enforcement. Application forms and checklists of required submittal information shall be available in the Toledo City Plan Commission or the One Stop Shop, Division of Building Inspection and Code Enforcement.

1111.0105 Application Filing Fees Applications must be accompanied by the fee amount that has been established by the City Council and available at the Toledo City Plan Commission and the One Stop Shop, Division of Building Inspection and Code Enforcement. Fees are not required with applications initiated by review or decision-making bodies. Any fee refund is solely at the discretion of the Planning Director or Commissioner of Building Inspection and Code Enforcement. 11 - 5 REF: M-13-21...August 12, 2021

Exhibit “A” (Additions in italic highlight. Deletions in bold strikethrough.)

CHAPTER 1111 DEVELOPMENT APPROVAL PROCEDURES (cont’d)

1111.0400 Summary of Procedures Below table Decision Making Bodies HDC = Historic District Commission PC = Plan Commission BZA = Board of Zoning Appeals CC = City Council Staff = Plan Commission or the Div. of Building Inspection and Code Enforcement

1111.0600 Zoning Map Amendments (Rezoning) 1111.0601 Application Filing Applications must be filed with the Toledo City Plan Commission One Stop Shop, Division of Building Inspection and Code Enforcement. 1111.0608 Successive Applications When the City Council denies a zoning map amendment application or the applicant withdraws an application after the first public hearing notice has been published in the newspaper, the One Stop Shop staff of the Division of Building Inspection and Code Enforcement may not accept and the Plan Commission staff may not accept or process another application for the same or similar amendment affecting the same property or a portion of it until the expiration of a 1-year period, extending from the date of denial by the City Council or withdrawal by the applicant.

1111.0700 Special Uses 1111.0701 Application Filing Applications and a site plan of the proposed special use must be filed with the Toledo City Plan Commission One Stop Shop, Division of Building Inspection and Code Enforcement. 1111.0709 Successive Applications When the City Council denies a special use application or the applicant withdraws an application after the first public hearing notice has been published in the newspaper, the One Stop Shop staff of the Division of Building Inspection and Code Enforcement may not accept and the Plan Commission staff may not accept or process another application for the same or similar special use affecting the same property or a portion of it until the expiration of a 1-year period, extending from the date of denial by the City Council or withdrawal by the applicant.

1111.0800 Site Plan Review 1111.0804 Initiation and Application Filing Site Plan Review applications must be filed with the Toledo City Plan Commission One Stop Shop, Division of Building Inspection and Code Enforcement. Plan Commission.

11 - 6 REF: M-13-21...August 12, 2021

Exhibit “A” (Additions in italic highlight. Deletions in bold strikethrough.)

CHAPTER 1111 DEVELOPMENT APPROVAL PROCEDURES (cont’d)

1111.1000 Historic Districts and Landmarks (Designation or Expansion) 1111.1005 Notification of Designation Upon designation, the Clerk of the City Council must promptly notify the Commissioner of Building Inspection and Code Enforcement, the Planning Director and the City Law Director.

1111.1100 Certificates of Appropriateness 1111.1102 Exemptions B. Nothing in this Section will prevent authorized municipal officers from abating public nuisances as defined in Title 17, Health Code, Secs. 1726.01 and 1726.02. 1. Whenever the Commissioner of the Division of Building Inspection and or the Commissioner of Code Enforcement receives a public nuisance complaint involving a landmarked structure or structure within a historic district, the Commissioner must notify the Planning Director within two working days after receipt of such nuisance complaint. 1111.1107 Initial Hearing Procedures A. A public hearing on an application for a Certificate of Appropriateness must be conducted at the next regularly scheduled Historic District Commission meeting, no later than 45 days after the filing of the application. The Historic District Commission chairperson may call special meetings with the applicant for consultation at his or her own discretion or at the request of the Commissioner of the Division of Building Inspection and or Commissioner of Code Enforcement prior to the regularly scheduled Historic District Commission meeting. G. Building permit applications to the Division of Inspection and Code Enforcement for construction or rehabilitation work within a designated historic district shall not be accepted or approved unless three of four complete sets of building plans, where required in Section 1305.04 of the Building Code, detailing the proposed construction or rehabilitation work bear the official endorsement stamp of the respective Historic District Commission on each and every page, signed by the chairperson thereof or their duly authorized designee and a Certificate of Appropriateness is issued with the three sets of plans. The fourth set of stamped plans shall remain in the office of the Plan Commission. I. In the event that the owner, contractor, subcontractor, or other person to whom a Certificate of Appropriateness has been issued either violates the terms or conditions thereof or deviates from the approved plans, designs, elevations, and specifications therein, then the Commissioner of Building Inspection and Code Enforcement may revoke such Certificate and further deny issuance of the building, use and occupancy and/or demolition permit for such Certificate. In no event may the Commissioner of Building Inspection and Code Enforcement approve retroactively any amendment to a Certificate of Appropriateness.

11 - 7 REF: M-13-21...August 12, 2021

Exhibit “A” (Additions in italic highlight. Deletions in bold strikethrough.)

CHAPTER 1111 DEVELOPMENT APPROVAL PROCEDURES (cont’d)

1111.1300 Institutional Master Plan 1111.1302 Application Filing Applications for Institutional Master Plan approval must be filed with the Toledo City Plan Commission One Stop Shop, Division of Building Inspection and Code Enforcement.

1111.1600 Certificates of Use and Occupancy 1111.1601 Certificate Required No building hereafter erected or structurally altered shall be occupied or used, until a Certificate of Use and Occupancy has been issued by the Commissioner of Building Inspection and Code Enforcement. 1111.1603 Plans All applications for building permits or Certificates of Use and Occupancy shall be accompanied by three sets drawn to scale, showing the actual dimensions of the lot to be built upon, the size of the building to be erected, legal description, and such other information as may be necessary to provide for the enforcement of this Zoning Code. A. A careful record of such applications and plans shall be kept in the office of the Division of Building Inspection and Code Enforcement. 1111.1604 Contents of Certificate The Certificate of Use and Occupancy shall state that the building, or proposed use of a building or land, complies with all the building and health laws and ordinances and with the provisions of this Zoning Code. A. A record of all certificates shall be kept on file in the office of the Division of Building Inspection and Code Enforcement.

1111.1700 Variances 1111.1702 Application Filing Applications for zoning variances must be submitted to the One Stop Shop, Division of Building Inspection and Code Enforcement. 1111.1708 Notice of Decision Within 10 days after a final zoning variance decision is made by the Board of Zoning Appeals, copies of the written decision must be sent to the applicant and filed with the Division of Building Inspection and Code Enforcement, where it will be available for public inspection during regular office hours. 1111.1710 Optional Administrative Procedure A. Any person seeking a variance has the option of having the variance reviewed by the Commissioner of Building Inspection and Code Enforcement in lieu of a formal Board of Zoning Appeals’ hearing. This administrative review must be conducted in accordance with rules and procedures adopted by the Board of Zoning Appeals.

11 - 8 REF: M-13-21...August 12, 2021

Exhibit “A” (Additions in italic highlight. Deletions in bold strikethrough.)

CHAPTER 1111 DEVELOPMENT APPROVAL PROCEDURES (cont’d)

1111.1700 Variances (cont’d) 1111.1710 Optional Administrative Procedure (cont’d) B. The rules and procedures adopted by the Board of Zoning Appeals for the administrative review procedure must include provisions for appropriate public notification and input, including the following: 2. A formal Board of Zoning Appeals hearing must be held in all cases where an affected property owner files an objection to the Commissioner of Building Inspection and Code Enforcement’s decision. C. Any person who elects to have their case reviewed by this administrative review procedure, may, after receipt of the decision of the Commissioner of Building Inspection and Code Enforcement, appeal the decision to the Board of Zoning Appeals for a formal hearing. This hearing must be conducted at the next regularly scheduled meeting of the Board of Zoning Appeals, unless the next meeting occurs 7 days or less after receipt of the appeal of the Commissioner's decision, in which case the appeal will be heard at the second next scheduled meeting of the Board of Zoning Appeals. D. The Commissioner of Building Inspection and Code Enforcement, in exercising the rules and procedures of this administrative review procedure, has the same power as the Board of Zoning Appeals to grant variances. E. This administrative review procedure does not apply to appeals of orders issued by the Commissioner of Building Inspection and Code Enforcement concerning violations or enforcement of this Zoning Code. Those appeals are subject to a full Board of Zoning Appeals hearing.

1111.1800 Exceptions 1111.1802 Application Filing Applications for zoning exceptions must be submitted to the One Stop Shop, Division of Building Inspection.

1111.1900 Written Interpretations 1111.1901 Application Filing A. Any person may apply to the Commissioner of Building Inspection and Code Enforcement for a written interpretation of this Zoning Code. 1111.1902 Additional Information The person applying for an interpretation shall provide such additional information as the Commissioner of Building Inspection and Code Enforcement requests as necessary for a proper determination. The Commissioner may refuse to issue a written application if the person fails to provide the additional information.

11 - 9 REF: M-13-21...August 12, 2021

Exhibit “A” (Additions in italic highlight. Deletions in bold strikethrough.)

CHAPTER 1111 DEVELOPMENT APPROVAL PROCEDURES (cont’d)

1111.1900 Written Interpretations (cont’d) 1111.1903 Review and Decision After receiving a complete application for a written interpretation, the Commissioner of Building Inspection and Code Enforcement must: A. review and evaluate the application in light of this Zoning Code, the Comprehensive Plan, and any other relevant documents; B. consult with the Planning Director, Law Director and other staff as necessary; and C. render a written interpretation. 1111.1905 Official Record of Interpretations An official record of interpretations is kept on file in the Division of Building Inspection and Code Enforcement. The record of interpretations is available for public inspection during normal business hours. 1111.1906 Appeals Appeals of the Commissioner of Building Inspection and Code Enforcement’s written interpretation may be taken by the applicant to the Zoning Board of Appeals in accordance with procedures of Sec. 1111.2000. If the appeal results in a change of interpretation, the new interpretation must be filed in the official record of interpretations.

1111.2000 Appeals of Administrative Decisions 1111.2001 Authority and Applicability The Board of Zoning Appeals is authorized to hear and decide appeals where it is alleged there is an error in any order, requirement, decision, or determination made by the Commissioner of Building Inspection and Code Enforcement or the Planning Director in the administration or enforcement of the provisions of this Zoning Code. 1111.2002 “Commissioner” For purposes of this Section, “Commissioner” means the Commissioner of Building Inspection and Code Enforcement or the Planning Director, whichever an appeal is being taken from in the particular case at hand. 1111.2003 Application Filing Appeals of administrative decisions must be submitted to the One Stop Shop, Division of Building Inspection and Code Enforcement. Unless otherwise expressly stated, appeals of administrative decisions must be filed within 20 days of the date that notice of the Commissioner’s decision is given to the applicant.

CHAPTER 1112 REVIEW AND DECISION-MAKING BODIES

1112.0200 Board of Zoning Appeals 1112.0204 Officers The Board of Zoning Appeals shall elect one of its members as chairperson and the Commissioner of Building Inspection and Code Enforcement or his or her designee shall serve as secretary to the Board of Zoning Appeals. 11 - 10 REF: M-13-21...August 12, 2021

Exhibit “A” (Additions in italic highlight. Deletions in bold strikethrough.)

CHAPTER 1112 REVIEW AND DECISION-MAKING BODIES (cont’d)

1112.0200 Board of Zoning Appeals (cont’d) 1112.0208 Powers and Duties The Board of Zoning Appeals shall have the following powers and duties: A. Appeals of Commissioner of Building Inspection and Code Enforcement Decisions 1. To hear and decide appeals of the decisions of the Commissioner of Building Inspection and Code Enforcement concerning the enforcement of the provisions of this Zoning Code in accordance with the procedures of Sec. 1111.2000. 2. To hear and decide appeals of the decisions of the Commissioner of Building Inspection and Code Enforcement concerning the provisions of Part 13 – Title 9 – Sign Code in accordance with the provisions of Sec. 1111.2000.

CHAPTER 1114 NONCONFORMITIES

1114.0100 General 1114.0107 Certificate of Zoning Compliance For existing nonconformities, landowners may request and obtain a Certificate of Zoning Compliance from the Commissioner of Building Inspection and Code Enforcement. A. Subject to verification procedures established by the Commissioner of Building Inspection and Code Enforcement, nonconformities documented in a Certificate of Zoning Compliance shall be deemed to be legal nonconformities to the extent documented in the Certificate. B. A record of all Certificates of Zoning Compliance shall be kept on file in the office of the Division of Building Inspection and Code Enforcement.

CHAPTER 1115 VIOLATIONS, PENALTIES AND ENFORCEMENT

1115.0900 Determination of Status as Household 1115.0904 Factors The determination of whether a group of unrelated persons living together are the functional equivalent of a family shall be based on such of the following factors as may be known to the Commissioner of Building Inspection and/or the Commissioner of Code Enforcement. The presence or absence of any single factor is not necessarily determinative of whether the unit constitutes a family:

11 - 11 REF: M-13-21...August 12, 2021

Exhibit “A” (Additions in italic highlight. Deletions in bold strikethrough.)

CHAPTER 1116 TERMINOLOGY

1116.0100 General Terms 1116.0138 Grade Any wall approximately parallel to and not more than 5 feet from a right-of-way is to be considered as adjoining the street or place. Where no sidewalk exists or where none of the walls adjoin a right-of-way, the grade shall be established by the Commissioner of Building Inspection and Code Enforcement or by the Division of Transportation. 1116.0141 Household In determining whether a group of unrelated persons is a household under the definition set forth above, the Commissioner of Building Inspection and/or the Commissioner of Code Enforcement shall apply the factors set forth in Sec. 1115.0900 or such of those factors as may reasonably be known to the Commissioner on the date of determination.

11 - 12

STAFF REPORT CONDITIONS OF APPROVAL – AGENCY SOURCE IDENTIFICATION

Recommendations for conditions of approval often originate from agencies that have reviewed plans and proposals under consideration by the Plan Commission. To indicate which agency requested which condition of approval, that agency's name is placed at the end of the condition in parenthesis. Agency names are listed below:

TOLEDO-LUCAS COUNTY FIRE PREVENTION TOLEDO EDISON COMPANY PLAN COMMISSIONS c/o BUILDING INSPECTION ENGINEERING SERVICES ONE GOVERNMENT CENTER ONE GOVERNMENT CENTER 6099 ANGOLA RD. SUITE 1620 SUITE 1600 HOLLAND, OH 43528 TOLEDO, OH 43604 TOLEDO, OH 43604 419-249-5440 419-245-1200 419-245-1220

DIVISION OF WATER DISTRIBUTION DIVISION OF FORESTRY PUBLIC UTILITES 401 S. ERIE STREET 2201 OTTAWA PARKWAY 420 MADISON AVE, SUITE 100 TOLEDO, OH 43604 TOLEDO, OH 43606 TOLEDO, OH 43604 419-936-2826 419-936-2326 419-245-1853

DIVISION OF WATER DIVISION OF INSPECTION LUCAS SOIL AND RECLAMATION ONE GOVERNMENT CENTER CONSERVATION DISTRICT 3900 N. SUMMIT STREET SUITE 1600 130-A W. DUDLEY TOLEDO, OH 43604 MAUMEE, OH 43537 TOLEDO, OH 43611 419-727-2602 419-245-1220 419-893-1966

DIVISION OF TRANSPORTATION DIVISION OF LUCAS COUNTY ENGINEER 110 N. WESTWOOD ENGINEERING SERVICES 1049 S. MCCORD ROAD TOLEDO, OH 43607 ONE LAKE ERIE CENTER HOLLAND, OH 43528 419-245-1300 600 JEFFERSON AVENUE, STE 300 419-213-2860 TOLEDO, OH 43604 419-245-1315

PUBLIC SERVICE DEPARTMENT COLUMBIA GAS COMPANY LUCAS COUNTY 110 N. WESTWOOD TONY BUCKLEY SANITARY ENGINEER TOLEDO, OH 43607 FIELD ENGINEER TECHNICIAN 1111 S. MCCORD ROAD 419-245-1835 2901 E. MANHATTAN BLVD HOLLAND, OH 43528 TOLEDO, OH 43611 419-213-2926 419-539-6078

TOLEDO-LUCAS COUNTY A T & T BUCKEYE BROADBAND HEALTH DEPT.ENV. HEALTH DESIGN MANAGER MICHAEL SHEAHAN 635 N. ERIE STREET ROOM 352 130 N. ERIE, ROOM 714 2700 OREGON ROAD TOLEDO, OH 43604 TOLEDO, OH 43604 NORTHWOOD, OH 43619 419-213-4209 419-245-7000 419-724-3713

FRONTIER WATERVILLE GAS OHIO GAS AMY ROTH TODD BLACK MIKE CREAGER 3126 N MCCORD PO BOX 259 13630 AIRPORT HWY. TOLEDO, OH 43617 WATERVILLE, OH 43566 SWANTON, OH 43558 419-841-7281 419-878-4972 419-636-1117

SPECTRUM UNITED STATES POST OFFICE CENTURYLINK RAY MAURER POSTMASTER BILL PARSONS 3760 INTERCHANGE ROAD 435 S. ST. CLAIR STREET 375 E. RIVERVIEW AVE. COLUMBUS, OH 43204 TOLEDO, OH 43601 NAPOLEON, OH 43502 614-481-5262 419-245-6802

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