TOLEDO CITY PLAN COMMISSION REPORT May 9, 2019

TOLEDO CITY

PLAN COMMISSION

REPORT

May 9, 2019

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 MICHAEL W. DUCEY (Vice Chairman) (Vice Chairman)

JULIA BRYANT TINA SKELDON WOZNIAK (County Commissioner) JOHN ESCOBAR PETER GERKEN BRANDON REHKOPF (County Commissioner)

GARY L. BYERS (County Commissioner)

KEITH G. EARLEY

KEN FALLOWS

MEGAN MALCZEWSKI

JULIA BRYANT

BRANDON REHKOPF

JOSHUA HUGHES

THOMAS C. GIBBONS, SECRETARY

LISA COTTRELL, ADMINISTRATOR

TOLEDO-LUCAS COUNTY PLAN COMMISSIONS APPLICATION DEADLINE, AGENDA, STAFF REPORT AND HEARING SCHEDULE - 2019

APPLICATION AGENDA STAFF HEARING DEADLINE* SET REPORT DATE DISTRIBUTED CITY PLAN COMMISSION (HEARINGS BEGIN AT 2PM) November 28 December 21 December 28 January 10 December 31 January 28 February 1 February 14 January 28 February 25 March 1 March 14 February 25 March 25 March 29 April 11 March 25 April 22 April 26 May 9 April 29 May 20 May 31 June 13 May 28 June 24 June 28 July 11 June 24 July 22 July 26 August 8 July 29 August 26 August 30 September 12 August 26 September 23 September 27 October 10 September 23 October 21 October 25 November 7** October 21 November 18 November 22 December 5**

COUNTY PLANNING COMMISSION (HEARINGS BEGIN AT 9AM) December 10 January 7 January 11 January 23 January 14 February 11 February 15 February 27 February 11 March 11 March 15 March 27 March 11 April 8 April 12 April 24 April 8 May 6 May 10 May 22 May 13 June 10 June 14 June 26 June 10 July 8 July 12 July 24 July 15 August 12 August 16 August 28 August 12 September 12 September 16 September 25 September 9 October 7 October 11 October 23 October 7 November 4 November 8 November 20** November 4 December 2 December 6 December 18**

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

TCG/tg: 9/17/18

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

May 9, 2019 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

DIRECTOR’S REPORT

CHAIRMAN'S REPORT

ITEM NO. CASE DESCRIPTION

1. DOD-3-19: Downtown Overlay District Review of Façade Improvements and Storefront Modifications at 114-152 N. Summit Street (gp)

2. SUP-3004-19: Amendment to Special Use Permit, originally granted by Ord. 60-06 and 553-09, for Site Modifications (parking and drive access) at 3301 Upton Avenue (gp)

3. Z-3001-19: Zone Change from CO to RS6 at 1807 W. Bancroft Street (rs)

4. SPR-13-19: Major Site Plan Review for Sign Waivers in the CR-SO at 5001 Monroe Street (rs)

5. SUP-3002-19: Special Use Permit for Community Center at 1623 Broadway (mm)

6. HS-2-19: Historic South Review of Community Center at 1623 Broadway(mm)

i 7. Z-3006-19: Zone Change from IL to CD at 22 N. Erie Street (mm)

8. SPR-10-19: Major Site Plan Review for Building and Parking Lot Addition at 3708 Laskey Road (jl)

9. SUP-3009-19: Special Use Permit for Convenience Store at 2222 N. Reynolds Road (jl)

10. V-134-19: Vacation of that portion of North Michigan lying between Lot 28, within Block 148 and Lot 34 within Block 30 of the North Toledo Plat, including the 13-foot alley lying adjacent to Lots 28 and 29 within Block 148 (rs)

11. Z-3007-19: Zone Change from RD6 to CS at 624 Main Street (rs)

12. SUP-3008-19: Special Use Permit for Non-Residential Drug and Alcohol Treatment Facility at 624 Main Street (rs)

ii REF: DOD-3-19 DATE: May 9, 2019

GENERAL INFORMATION

Subject

Request - Downtown Overlay District Review for façade improvements and storefront modifications

Location - 114 – 152 Summit Street

Applicant - Kevin Prater 401 S. Washington Square Suite 102 Lansing, MI 48933

Contact - William Goldberg 401 S. Washington Square Suite 102 Lansing, MI 48933

Site Description

Zoning - CD Downtown Commercial Area - ±3.31 acres Frontage - ±369’ along Summit Street Existing Use - Storefront Office Building Proposed Use - Storefront Office Building and Residential Units Neighborhood Org. - Downtown Toledo Improvement District Overlay - Downtown Overlay District

Area Description

North - Parking Garage / CD South - Office Building / CD East - Commercial Parking Lot / POS West - Seagate Center / CD

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REF: DOD-3-19 ...May 9, 2019

GENERAL INFORMATION (cont’d)

Parcel History

AP-4-78 - Request for plan approval for Fort Industry Square on Summit Street between Jefferson Avenue and Monroe Street. Plan Commission approved on 4/20/78.

AP-26-78 - Request for renovation under the Downtown Overlay District 132 Summit Street. Plan Commission approved on 12/14/78.

Applicable Regulations

• Toledo Municipal Code, Part Eleven: Planning and Zoning Code • U.S. Secretary of Interior’s Standards and Guidelines for Rehabilitating Historic Buildings • Downtown Toledo Master Plan • Toledo 20/20 Comprehensive Plan.

STAFF ANALYSIS

The applicant is requesting a Downtown Overlay District Review to facilitate building and façade alterations to the collection of existing storefront office buildings known as Fort Industry Square located at 114 – 152 Summit Street. There are sixteen (16) parcels that were built in the following years (in order starting from Jefferson corner): 1895, 1887, 1862, 1895, 1862, 1887, 1867, 1878, 1897, 1897, 1887, 1887, 1887, 1890, 1987, and 1987. The last two parcels were completed in conjunction with the opening of the SeaGate Convention Centre in 1987. The entire block was built between 1862 and 1897 and has been designated as an historic block by the National Registry of Historic Places.

Fort Industry Square is a collection of historic buildings located on Summit Street between Monroe Street and Jefferson Avenue that are connected by an interior walkway. Combined, they are 144,000 square feet which have been used for offices, retail space, restaurants and apartments while overlooking the Maumee River. Located in a CD Downtown Commercial zoning district and within a Downtown Overlay District, the site has a total land area of ±3.31 acres.

The applicant is proposing to redevelop/rehabilitate Fort Industry Square into over 95 apartments and 65,000 square feet of commercial space. The Letter of Intent and Description of Proposal outlines the request as interior demolition and build-out of residential units and commercial space. The interior walkway on Summit Street will be removed per requirements from OHPO and the National Park Service. The walkway is not original to the building. As a result, each office building will be built-out so to have access directly to and from Summit Street. 1 - 2

REF: DOD-3-19 ...May 9, 2019

STAFF ANALYSIS (cont’d)

The proposal also includes exterior restorations and storefront modifications. The exterior modifications will consist of window replacement and masonry repairs on the upper floors. Additionally, the fire escapes on the rear of the building will be removed. Fire escapes did not exist on the building during the period of historical significance as recognized by the NPS. The applicant stated that the removal of the fire escapes has been approved by OHPO and the NPS. New egress stairwells will be installed within the building that comply with all current life safety codes.

On the street level, there will be some storefront modifications as required by OHPO and NPS to reconfigure the storefront into that which matches the original storefront configuration. Other alterations consist of new elevators and new utility services. All modifications are to comply with the National Park Service for rehabilitation, preserving the historic character of the structure.

The U.S. Secretary of Interior’s Standards and Guidelines for Rehabilitating Historic Buildings

Reconstruction is defined as the act or process of depicting, by means of new construction, the form, features, and detailing of a non-surviving site, landscape, building, structure, or object for the purpose of replicating its appearance at a specific period of time and in its historic location. Reconstruction is different from the other treatments in that it is undertaken when there are often no visible historic materials extant or only a foundation remains. Reconstruction also involves recreating a historic building which appears as it did at a particular – and at its most significant – time in its history. When only the appearance of the exterior of the building can be documented, it may be appropriate to reconstruct the exterior while designing a very simple, plain interior that does not attempt to appear historic or historic or historically accurate.

The U.S. Secretary of Interior’s Standards and Guidelines for the Treatment of Historic Properties recommends reconstructing a non-surviving building to depict the documented historic appearance. Although the use of the original building material (such as masonry, wood, and architectural metals) is preferable, substitute materials may be used as long as they recreate the historic appearance. Recreating the documented design of exterior features, such as the roof form and its coverings, architectural detailing, windows, entrances and porches, steps and doors, and their historic spatial relationships and properties is also recommended. The Standards and Guidelines does not recommend reconstructing features that cannot be documented historically or for which existing documentation is inadequate. Using substitute materials that do not convey the appearance of the historic building. Omitting a documented exterior feature, or rebuilding a feature but altering its historic design. Also, using inappropriate designs or materials that do not convey the historic appearance. The request is not in direct conflict with the U.S. Secretary of Interior’s Standards and Guidelines for the Treatment of Historic Buildings.

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REF: DOD-3-19 ...May 9, 2019

STAFF ANALYSIS (cont’d)

Downtown Overlay District

Overlay districts are tools for dealing with special situations or accomplishing special zoning goals. As the name implies, overlay zoning districts are “overlaid” on base zoning classification to alter some or all of the underlying district regulations. The Downtown Overlay (DO) district is intended to provide a review process for the proposed physical changes to structures within the Central Business District of the City and adjacent areas in order to evaluate the proposals in relation to the approved plan for the area. The DO district regulations apply in combination with underlying base zoning district regulations and all other applicable standards of the Zoning Code. When the DO district standards conflict with the underlying base zoning district standards or other regulations of this Zoning Code, the regulations of the DO district will always govern. When no special DO district standards are specified, all other applicable regulations of this Zoning Code will govern. The proposal meets the intent of the DO district.

Downtown Toledo Master Plan

The site is located just outside the Warehouse District and belongs to a study area identified as the Downtown Core district. The Downtown Core acknowledges that along with numerous major employers and assets like the SeaGate Center, Fifth Third Field, Huntington Center, the Valentine Theater, and the Renaissance Hotel the core of downtown is where business and entertainment meet. The market analysis concludes that significant opportunities exist to add new housing, different types of retail, grow office jobs, and attract overnight visitors and tourists. Many of these opportunities involve better leveraging great assets that serve as anchors for the downtown, while others involve capitalizing on a national trend of renewed interest for urban places in which to live, work, shop, and visit.

Toledo 20/20 Comprehensive Plan

The Toledo 20/20 Comprehensive Plan targets this site for Downtown Commercial land uses. The intent of the CD Downtown Commercial designation is to accommodate a broad range of uses to reflect downtown’s role as a commercial, cultural and governmental center. Development is intended to be intense with high building coverage, large buildings, and buildings placed close together. Development is intended to be pedestrian-oriented with a strong emphasis on a safe and attractive streetscape. The proposed development conforms to this land use designation.

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REF: DOD-3-19 ...May 9, 2019

STAFF RECOMMENDATION

The staff recommends that the Toledo City Plan Commission recommend approval of DOD-3-19, a request for a Downtown Overlay District Review to facilitate the development of building and façade alterations to the existing storefront office building located at 114 – 152 Summit Street for the following three (3) reasons:

1. The façade improvements comply with the U.S. Secretary of Interior’s Standards and Guidelines for Rehabilitating Historic Buildings.

2. The proposed use complies with The Downtown Master Plan and;

3. The proposed use complies with The Toledo 20/20 Comprehensive Plan.

DOWNTOWN OVERLAY REVIEW TOLEDO CITY PLAN COMMISSION REF: DOD-3-19 DATE: May 9, 2019 TIME: 2:00 P.M.

GP Four (4) sketches follow

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GENERAL LOCATION DOD-3-19 ID 9

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ZONING AND LAND USE DOD-3-19 ID 09

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SITE PLAN DOD-3-19 N ID 09

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ELEVATIONS DOD-3-19 ID 09

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BLANK PAGE REF: SUP-3004-19 DATE: May 9, 2019

GENERAL INFORMATION

Subject

Request - Amendment to Special Use Permit, originally granted by Ord. 60-06 and 553-09, for site modifications

Location - 3301 Upton Avenue

Applicant - Toledo Public Schools C/O: Diane Mettler 1609 Summit St Toledo, OH 63613

Civil Engineer - The Mannik & Smith Group C/O: Jeremey Cook 1800 Indian Wood Circle Toledo, OH 43537

Architect - The Collaborative C/O: Rusty Wilke One Seagate, Park Level 118 Toledo, OH 43604

Site Description

Zoning - RS6 / Single Family Residential Area - ±25.8 acres Frontage - ±886’ along Upton Avenue Frontage - ±809’ along Westland Avenue Frontage - ±1,264’ along ProMedica Parkway Existing Use - Education Facilities Proposed Use - Education Facilities Overlay - None Neighborhood Org. - None

Area Description

North - Single Family Homes / RS6 South - ProMedica Parkway, Interstate 475 / RS6 East - Commercial Land Uses, Single Family Homes / CO West - Single Family Homes / RS6

2 - 1 REF: SUP-3004-19...May 9, 2019 GENERAL INFORMATION (cont’d)

Parcel History

SUP-11003-05 - Request for a Special Use Permit for renovations to DeVilbis Academic and Technical Center. Plan Commission recommended approval on 12/1/05, approved by City Council 1/13/06, Ord. 60-06.

SUP-4008-09 - Request for a Special Use Permit to develop a new McKinley Elementary school. Plan Commission recommended approval on 8/13/09, approved by City Council 9/29/09, Ord. 553-09.

Applicable Regulations

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

STAFF ANALYSIS

The applicant is requesting an Amendment to a Special Use Permit, originally granted by Ord. 60-06 and 553-09, for site modifications at 3301 Upton Avenue. The site consists of one (1) parcel comprised of ±25.8 acres of total land area. The site is primarily zoned RS6 Single Family Residential but a small portion that runs along Upton Avenue is zoned CR Regional Commercial.

The most recent Special Use Permit requested for the site was a proposal to develop a new McKinley Elementary School on the rear portion of the site known as the Toledo Technology Academy Campus (Ref# SUP-4008-09). The elementary school serves children in grades K through 5 and contains a total area of 45,217 square feet. The site plan that was submitted depicted thirty-four (34) off street parking spaces and drop off lanes to service parent and bus drop off. The parking area and drop off lane are accessed off of a drive from Upton Avenue.

Surrounding land uses include single family homes to the north of the site. To the east across Upton Avenue is a mixture of landuses that include single family homes as well as commercial business. To the west across Westland Avenue are single family homes, and to the south is the interchange access for ProMedica Parkway and Interstate 475.

2 - 2

REF: SUP-3004-19...May 9, 2019

STAFF ANALYSIS (cont’d)

Parking and Circulation

The proposed improvements on site are intended to improve circulation, as well as provide improvements to an existing parking lot in need of repair. The “base bid” for the project will consist of re-aligning the existing southern exit-only drive so that traffic moving through the site will no longer drive through the center of the existing parking lot in order to leave the campus. The drive will be slightly widened as well, in order to provide two lanes the entire length to improve stacking for those waiting to turn onto Upton Avenue.

The proposed improvements on the site regarding “alternative #1” will consist of realigning the existing entrance drive, pulling the drive approach slightly south to give more separation between the entrance drive and the pedestrian traffic entering the site. A raised sidewalk will be added along with a four (4’) foot decorative fence separating the walk from the drive. These improvements are intended to improve safety as well as improve the aesthetics of the entrance.

The proposed improvements on the site regarding “alternative #2” will consist of extending the raised walkway and decorative fence the rest of the way down to McKinley Elementary. Other improvements involve the repaving and restriping the existing parking lot. Landscaping islands will be added in order to improve traffic circulation and by providing an oversized landscape island that will provide additional green space and improve the aesthetics of the parking lot.

The parking area that is to be improved currently offers sixty-two (62) parking spaces. Following the proposed improvements the parking area will offer eighty-nine (89), a net gain of twenty-seven (27) spaces. Pursuant to TMC§1107.0302 Parking, Loading, and Access, no use may provide more than 150 percent of any of the minimum off-street parking ratios of parking Schedule A. The submitted site plan is in compliance.

A portion of the total number of required off-street parking spaces in each off-street parking area must be specifically designated, located, and reserved for use by persons with physical disabilities. According to TMC§1107.1701 – Number of Required Parking Spaces for Persons with Disabilities, the applicant is required to provide at least three (3) accessible parking space for persons with physical disabilities. The site plan submitted depicts four (4) accessible parking spaces close to the entrance and is in compliance with this regulation.

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. Calculations conclude that a total of nine (9) bicycle parking slots are required. The site plan submitted does not depict compliance with this regulation. Listed as a condition, a revised site plan will be required to show compliance with the appropriate number of bicycle parking spaces. 2 - 3

REF: SUP-3004-19...May 9, 2019

STAFF ANALYSIS (cont’d)

Landscaping

The applicant is proposing to install three (3) stormwater management devices to be located throughout the site. An underground stormwater detention facility will be installed under the parking area known as “alternate 2” and two (2) above ground stormwater management systems to be located along Upton Avenue. A stormwater treatment facility is a device installed or constructed to reduce or control stormwater peak runoff rate or to reduce stormwater contaminants. Designs incorporating low impact development solutions, such as grassy swales and bio-retention areas in lieu of curb, storm sewers, and underground detention, are encouraged and may be eligible for a percent reduction in the property’s stormwater utility fee through the Stormwater Credit Program. A stormwater treatment facility area shall meet the approval of the City of Toledo’s Division of Engineering Services and Division of Environmental Services.

Landscape areas within the parking area must be peninsular or island types and must be constructed with 6 inch by 18 inch concrete curbing, cast-in-place, extruded, or by some other process approved by the Planning Director, to minimize damage to plant material. Landscape terminal islands must be provided at the end of each parking row. Two (2) canopy trees are required to me installed in interior landscape areas for every ten (10) parking spaces within the parking lot. Additionally, six (6) shrubs are required to be installed in interior landscape areas for every ten (10) parking spaces within the parking lot. The landscape plan submitted is in compliance with these requirements.

Toledo 20/20 Comprehensive Plan

The Toledo 20/20 Comprehensive Plan targets this site for IC Institutional Campus land uses. The purpose of the Institutional Campus district is to accommodate large institutional uses in campus-like settings, such as hospitals, schools and colleges. The IC district is intended to promote and enhance the development and expansion of medical, educational and other large institutional uses while minimizing the adverse impacts that can result when such uses are located near residential neighborhoods. The proposed site improvements conforms to the intent of this zoning designation.

Staff recommends approval of the site improvements because the proposed the proposed site improvements use will not negatively affect the value of other property in the neighborhood in which it is located and the proposed use will not have adverse land or environmental impacts. Additionally, the proposed use complies with the Toledo 20/20 Comprehensive Plan.

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REF: SUP-3004-19...May 9, 2019

STAFF RECOMMENDATION

The staff recommends that the Toledo City Plan Commission recommend approval of SUP-3004-19, a request for a Special Use Permit for site improvements located at 3301 Upton Avenue, to the Toledo City Council, for the following three (3) reasons:

1. The proposed use will not negatively affect the value of other property in the neighborhood in which it is located (TMC§1111.0706.D).

2. The proposed use will not have adverse land or environmental impacts (TMC§1111.0706.F).

3. The proposed use complies with the Toledo 20/20 Comprehensive Plan.

The staff further recommends that the Toledo City Plan Commission recommend approval of SUP-3004-19, a request for a Special Use Permit for site improvements located at 3301 Upton Avenue, to the Toledo City Council, subject to the following thirty-eight (38) 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.

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, ph. 419-245-1344 Water: Andrea Kroma, ph. 419-936-2163 Stormwater Drainage: Lorie Haslinger, ph. 419-245-3221; Andy Stepnick 419-245-1338 Sanitary Sewers: Mike Elling, ph. 419-936-2276

2. All existing substandard sidewalk, drive approaches, curb, and pedestrian curb ramps within the public right-of-way abutting the site shall be replaced/upgraded to conform to current City of Toledo Construction Standards, Specifications, Toledo Municipal Code, and Americans with Disabilities Act Guidelines.

3. 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. 2 - 5

REF: SUP-3004-19...May 9, 2019

STAFF RECOMMENDATION (cont’d)

Engineering Services (cont’d)

4. 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.

5. 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.

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

7. Detailed plans for the fire hydrant relocation shall be submitted to the Division of Engineering Services 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.

8. Show existing water service lines and proposed modifications to the water service lines on the utility plan.

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 Engineering Services.

10. 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.

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REF: SUP-3004-19...May 9, 2019

STAFF RECOMMENDATION (cont’d)

Engineering Services (cont’d)

11. Submit plans for stormwater review & approval, in compliance with the latest version of the City of Toledo’s Infrastructure Design and Construction Requirements http://toledo.oh.gov/services/public-utilities/engineering- services/plan-review-process/. Include the following items that are not included in the current submittal: • A Stormwater Pollution Prevention Plan (SWP3) – including a completed submittal cover sheet, contact list, contractor certification form and Ohio EPA SWP3 checklist. The links to these documents can be found at http://www.tmacog.org/storc/swp3.htm.

• Long term maintenance plan and maintenance agreement for Detention and Post-Construction BMP’s for long term maintenance of the private facilities. Stormwater Detention and Post-Construction BMP’s are required to be maintained into perpetuity.

12. City of Toledo does not have a complete record for the existing storm sewer system on site and per the City’s MS4 permit all storm sewers must be mapped. It appears that the plan commission submittal may contain some of that information. The City of Toledo will use this to update our records, however if it is found that additional information is needed, the Developer/Owner/Consultant shall be required to provide that information. A copy of the City of Toledo’s current records of the private storm sewer can be provided for reference.

13. No construction work, including any earth disturbing work will be permitted without approved plans.

14. The Underground Detention System (UDS) is a proprietary system, which has specific requirements: • The Contractor / Project Owner shall have a representative of the proprietary manufacturer on-site to advise contractor on installation procedure. • The Contractor / Project Owner will provide the City of Toledo with as- built plan sheets certifying the correct installation and function of the system. • The site designer’s maintenance plan shall be reviewed and approved by the proprietary system manufacturer prior to submitting to the city for review and approval.

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REF: SUP-3004-19...May 9, 2019

STAFF RECOMMENDATION (cont’d)

Engineering Services (cont’d)

15. The site appears eligible for a percent reduction in the property’s stormwater utility fee through the Stormwater Credit Program, because it incorporates low impact development solutions such as grass swales. Application instructions are at http://toledo.oh.gov/services/public-utilities/engineering-services/stormwater- utility-credit-program/

Sewer & Drainage Services

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

17. S&DS requires that the private sanitary lines (after they have 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.

Environmental Services

18. Applicant shall maintain compliance with the City of Toledo’s Stormwater regulations as specified in the Toledo Municipal Code.

19. Applicant shall maintain compliance with Ohio EPA’s General Stormwater NPDES permit programs.

20. Any green infrastructure measures that can be included to minimize runoff and increase infiltration are highly advisable.

21. Applicant shall maintain compliance with the City of Toledo’s stormwater regulations as specified in the Toledo Municipal Code. Special attention must be paid to all potential stormwater impacts from the facility, including but not limited to long-term operation and maintenance of both structural and non-structural Best Management Practices.

22. Any effort made to plant non-invasive trees, shrubs, and perennials is highly encouraged. http://ohiodnr.gov/portals/0/pdfs/invasives/Alternatives_to_Ohio_Invasive_Plant_ Species

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REF: SUP-3004-19...May 9, 2019

STAFF RECOMMENDATION (cont’d)

Ennvironmental Services (cont’d)

23. 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 Anti-Noise Laws and Asbestos abatement.

Fire Prevention

No comments or concerns

Transportation

No comments or concerns

Plan Commission

24. Dumpster location(s) shall be clearly defined, have a concrete pad and be surrounded by an enclosure constructed of high quality materials. Arborvitae, as indicated on the landscape plan shall be maintained around the dumpster indefinitely. (Dumpster enclosure and landscaping is acceptable as depicted on site plan).

25. Dumpster/Trash Receptacle Screening states that a dumpster may not be in any required setback or landscape buffers and shall be located as far away from residential areas as possible. (Acceptable as depicted on site plan).

26. All four (4) sides of the dumpster must be screened and screening must be a minimum height of six (6) feet in height. Screening materials can be any combination of evergreen plantings, fence or wall structure. Screening should be incorporated into access to the dumpster by using a wooden fence or other opaque device to serve as a gate. (Acceptable as depicted on site plan).

27. 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 or to a stormwater treatment facility subject to the regulations approval of the Department of Public Utilities. (Acceptable as depicted on site plan).

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REF: SUP-3004-19...May 9, 2019

STAFF RECOMMENDATION (cont’d)

Plan Commission (cont’d)

28. The Planning Director may authorize all or a portion of the required off-street parking spaces (not to include drive aisles) to be provided on permeable/porous surfaces subject to the criteria outlined in TMC§1107.1407(F).

29. All spaces reserved for the use by persons with physical disabilities shall adhere to the standards outlined in TMC§1107.1700. (Acceptable as depicted on site plan).

30. Bicycle parking slots shall be provided pursuant to Off-Street Parking Schedule “A” (TMC§1107.0300). (Not depicted on site plan. A revised site plan depicting the location and number of bicycle parking slots shall be submitted).

31. Lights and lighting fixtures used to illuminate any parking or loading area must be selected and arranged to direct and reflect the light from any adjacent residential property and public ways and away from the sky above the light fixture (TMC§1107.7908).

32. Parking lots must be maintained in a safe operating condition so as not to create a hazard or nuisance. All materials used in the construction of paving, lighting fixtures, retaining walls, fences, curbs, and benches must be continuously maintained and kept free of debris and hazard (TMC§1107.1909).

33. Litter receptacle(s) shall be provided for the use of parking area users and others. Litter receptacle(s) are treated as accessory structures and must be maintained according to the requirements of the Toledo-Lucas County Health Department.

34. A detailed site, lighting, fencing and four (4) landscaping plans separate from the building plans shall be submitted to the Plan Director for review and approval. Such plan shall include:

a. stormwater treatment facility area shall meet the approval of the City of Toledo’s Division of Engineering Services and Division of Environmental Services;

b. Traditional detention/retention ponds are prohibited in the frontage greenbelt.

2 - 10

REF: SUP-3004-19...May 9, 2019

STAFF RECOMMENDATION (cont’d)

Plan Commission (cont’d)

c. If located in the frontage greenbely the stormwater facility may only occupy up to 50% of the actual available green space. (Acceptable as submitted on the landscape plan).

d. The land owner, or successors in interest, or agent, if any, or lessee must be jointly responsible for the regular maintenance of the stormwater treatment facility. Stormwater treatment facilities not properly maintained shall be a violation of this code and may also be subject to fees and penalties as set forth in TMC 941.

e. Topsoil must be back filled to provide positive drainage of the landscape area. (Acceptable as depicted on landscape plan);

f. 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. (Acceptable as submitted on landscape plan);

g. Landscaped terminal islands must be provided at the end of each parking row. (Acceptable as submitted on landscape plan);

h. Landscape terminal islands must be provided at the end of each parking row. Two (2) canopy trees are required to me installed in interior landscape areas for every ten (10) parking spaces within the parking lot. Additionally, six (6) shrubs are required to be installed in interior landscape areas for every ten (10) parking spaces within the parking lot. (Acceptable as submitted on landscape plan);

i. 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 and the State of Ohio Department of Agriculture’s invasive plant list (Acceptable as depicted on site plan);

j. All landscape material must be properly maintained. No approved plant material shall be removed for any reason without being replaced with like kind, or without submitting a revised landscape plan to the Planning Director for review or approval.

2 - 11

REF: SUP-3004-19...May 9, 2019

STAFF RECOMMENDATION (cont’d)

Plan Commission (cont’d)

k. The land owner, or successors in interest, or agent, if any, or lessee must be jointly responsible for the regular maintenance of all landscape materials as well as any plant material removed.

l. 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.

35. 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.

36. A Bond of Performance or suitable assurance acceptable to the Division of Inspection valid for a period of two (2) years shall be posted with the Commissioner of Inspection providing for the installation of required landscaping within one (1) year. Landscaping shall be installed & maintained indefinitely.

37. 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.

38. 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.

AMENDEMENT TO SPECIAL USE PERMIT TOLEDO CITY PLAN COMMISSION REF: SUP-3004-19 DATE: May 9, 2019 TIME: 2:00 P.M.

CITY COUNCIL COMMITTEE OF ZONING AND PLANNING DATE: June 12, 2019 TIME: 4:00 P.M.

GP Eleven (11) sketches follow 2 - 12

GENERAL LOCATION SUP-3004-19 ID 45

2 - 13

ZONING AND LAND USE SUP-3004-19 ID 45

2 - 14

SITE PLAN SUP-3004-19 N ID 45

ALTERNATE 1 SUP-3004-19 N EXISTING CONDITIONS ID 45

ALTERNATE 1 SUP-3004-19 N PROPOSED SITE PLAN ID 45

ALTERNATE 2 SUP-3004-19 N EXISITING CONDITIONS ID 45

ALTERNATE 2 SUP-3004-19 N PROPOSED SITE PLAN ID 45

BASE BID SUP-3004-19 N EXISITING CONDITIONS ID 45

BASE BID SUP-3004-19 N PROPOSED SITE PLAN ID 45

ENLARGED LANDSCAPE PLANS SUP-3004-19 N

ID 45

OVERALL LANDSCAPE PLAN SUP-3004-19 N

ID 45

BLANK PAGE REF: Z-3001-19 DATE: May 9, 2019

GENERAL INFORMATION

Subject

Request - Zone Change from CO Office Commercial to RS6 Single-Dwelling Residential

Location - 1807 West Bancroft Street

Applicant - Charles Brown 1807 West Bancroft Street Toledo, OH 43607

Site Description

Zoning - CO / Office Commercial Area - ± 0.19 acres Frontage - ± 60’ along Bancroft Street ± 150’ along Joffre Avenue Existing Use - Single-Family Residence Proposed Use - Single-Family Residence

Area Description

North - Bancroft St., vacant land, convenience store / CR & CO South - Single-family Residence / RD6 East - Joffre Ave., single-family Residence / CO West - Single-family Residence / CO

Parcel History

None on record.

Applicable Plans and Regulations

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

3 - 1

REF: Z-3001-19… May 9, 2019

STAFF ANALYSIS

The applicant is requesting a Zone Change from CO Office Commercial to RS6 Single- Dwelling Residential for a site located at 1807 West Bancroft Street. The ±0.19-acre site is zoned Office Commercial and occupied by a single-family house. Surrounding land uses include vacant commercial land to the north across Bancroft Street, and single-family residential homes to the east, south and west of the subject site.

Single-family homes are not permitted in the CO Office Commercial zoning district. The existing single-family residential home is considered legal non-conforming by the current Zoning Code. In the event the home was demolished or destroyed by 75% of the appraised value listed by the County Auditor’s office, the home could not be rebuilt. The applicant is requesting the Zone Change in order to bring the property into compliance with the current Zoning Code.

Toledo 20/20 Comprehensive Plan

The Toledo 20/20 Comprehensive Plan targets this 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 district is intended to create, maintain and promote housing opportunities for individual households, although it may include nonresidential uses, duplexes, and planned unit developments that are typically compatible with residential neighborhoods.

Staff recommends approval of the Zone Change for this location because it is compatible with the residential land uses in the surrounding area. Additionally, residential zoning is established to the immediate area south of the subject site. Finally, the proposed rezoning will correct an issue of a non-conforming land use in the proper zoning classification.

STAFF RECOMMENDATION

The staff recommends that the Toledo City Plan Commission recommends approval of Z- 3001-19, a request for a Zone Change from CO Office Commercial to RS6 Single-Dwelling Residential at 1807 West Bancroft Street, to the Toledo City Council, for the following three (3) reasons:

1. The proposed zoning is similar to existing land uses within the general vicinity of the subject property (TMC§1111.0606(B) Review and Decision Making Criteria).

2. The proposed RS6 Single-Dwelling Residential zoning is compatible with the zoning districts within the general vicinity of the site (TMC§1111.0606(C) Review and Decision Making Criteria); and

3 - 2

REF: Z-3001-19… May 9, 2019

STAFF RECOMMENDATION (cont’d)

3. The proposed zoning corrects an error or inconsistency in the Zoning Code or meets the challenge of a changing condition (TMC§1111.0606(F) Review and Decision Making Criteria).

ZONE CHANGE TOLEDO CITY PLAN COMMISSION REF: Z-3001-19 DATE: May 9, 2019 TIME: 2:00 P.M.

TOLEDO CITY COUNCIL ZONING AND PLANNING COMMITTEE DATE: June 12, 2019 TIME: 4:00 P.M.

RS Two (2) sketches follow

3 - 3

GENERAL LOCATION Z-3001-19 ID 36

3 - 4

ZONING AND LAND USE Z-3001-19 ID 36

3 - 5

BLANK PAGE REF: SPR-13-19 DATE: May 9, 2019

GENERAL INFORMATION

Subject

Request - Major Site Plan Review for a sign waiver in the Regional Commercial Shopping Center Sign Control Overlay (CR-SO) District

Location - 5001 Monroe Street

Applicants - Jennifer Janney Allen Industries 7844 W. Central Avenue Toledo, OH 43617

Ryan Snow Soma City Church 5001 Monroe Street Toledo, OH 43623

Site Description

Zoning - CR-SO / Regional Commercial Shopping Center Sign Control Overlay District Area - ± 18.3 acres Frontage - ± 575’ along Sylvania Avenue Existing Use - Franklin Park Mall Proposed Use - Franklin Park Mall

Area Description

North - Franklin Park Mall / CR-SO South - Parking lot / CR-SO East - Franklin Park Mall / CR-SO West - Franklin Park Mall / CR-SO

Parcel History

S-23-60 - Final Plat of FRANKLIN PARK MALL (P.C. approved on 12/29/60).

4 - 1 REF: SPR-13-19. . . May 9, 2019

GENERAL INFORMATION (cont’d)

Parcel History (cont’d)

Z-139-66 - Zone change from C-2 and C-3 to C-4 Shopping Center (P.C. approved on 7/7/66. City Council approved by Ord. 586-66, approval expired).

Z-243-68 - Zone change from C-2 and C-3 to C-4 Shopping Center; amended to become Z-389-68.

Z-389-69 - Zone change from C-2 and C-3 to C-4 Shopping Center and site plan (P.C. approved on 2/13/69. City Council approved on 3/5/69 by Ord. 153-69).

S-24-69 - Final Plat of FRANKLIN PARK MALL (P.C. approved on 12/11/69).

Z-299-69 - Amending C-4 Site Plan approved by Ord. 153-69. (P.C. approved on 4/19170. City Council approved on 4/30/70 by Ord. 259-70).

Z-299-69 - Minor change to C-4 site plan granted by Ord. 153- 69 (P.C. approved on 10/7/71. City Council approved on 11/3/71 by Ord. 837-71).

Z-102-80 - Amendment to C-4 site plan granted by Ord. 153-69, as amended, for bank and office building on Lot 8 (P.C. approved on 4/17/80; City Council Ord. 313- 80 approved on 5/6/80).

Z-146-86 - Amendment to C-4 site plan granted by Ord. 153-69, as amended, to erect new theatre marquee along Monroe Street frontage. Withdrawn by Resolution 238-86, repealing Resolution 146-86 in 9/23/86.

Z-7053-91 - Amendment to C-4 site plan granted by Ord. 153- 69, as amended, to increase size of facility (P.C. approved on 9/5/91; City Council Ord. 733-91 approved on 10/4/91).

S-24-69 (91) - Amendment to Franklin Park Mall Commercial Plat, to increase size of facility (P.C. approved on 9/5/91)

4 - 2 REF: SPR-13-19. . . May 9, 2019

GENERAL INFORMATION (cont’d)

Parcel History (cont’d)

Z-239-68 (95) - Amendment to C-4 site plan granted by Ord. 153- 69, as amended, to waive sign limitations for the JC Penney (P.C. approved on 5/11/95, City Council approved on 6/6/95 by Ord. 361-95).

Z-239-68(97) - Amendment to C-4 site plan granted by Ord. 153- 69, as amended, for signage for nail salon (P.C. approved on 12/4/97, City Council approved on 12/23/97 by Ord. 729-97).

S-24-69 - Companion case, commercial plat site plan review.

Z-12003-02 - Amendment to a C-4 Shopping Center Site Plan, originally granted by Ord. 259-70, as amended, for the expansion of parking facilities, two anchor stores, and raze/rebuild a quadrant of the mall (P.C. approved on 1/9/03, City Council approved on 2/18/03 by Ord. 154-03).

S-21-02 - Preliminary Drawing for replat of FRANKLIN PARK COMMERCIAL PLAT (P.C. approved on 1/9/03, Final Plat approved on 7/10/03).

SPR-2-05 - Major Site Plan Review for approval of comprehensive sign plan for Westfield Mall (P.C approved on 3/14/05).

SPR-5-18 - Minor Site Plan Review for facade upgrades at 5001 Monroe Street (P.C. approved on 3/19/2018).

Applicable Plans and Regulations

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

STAFF ANALYSIS

The applicant is requesting a Major Site Plan Review for a sign waiver in a Regional Commercial Shopping Center Sign Control Overlay (CR-SO) District at 5001 Monroe Street. The site is located within the existing Franklin Park Mall. The site has frontage along Sylvania Avenue with vehicular access through an internal circulation roadway. Surrounding land uses consist entirely of the Franklin Park Mall. 4 - 3 REF: SPR-13-19. . . May 9, 2019

STAFF ANALYSIS (cont’d)

The applicant is proposing to install a second non-illuminated wall sign on an internally facing façade. The proposed sign will be located on a wall facing the rooftop parking lot. The applicant is requesting the additional signage in order to identify their lease space when visitors have entered through the rooftop parking lot. The proposed signage will not be visible from the right-of-way or surrounding shopping center internal roadway. Additionally, the movie theater and sporting goods store within the shopping center have secondary wall signs for their entrances on the internal facing façade on the upper rooftop parking lot.

Shopping Center Sign Control Overlay (-SO)

Per TMC§1103.0706(B), signs are permitted for those business establishments whose principal means of egress/ingress for the general public is through an exterior entrance and separate from the shopping center entrance. Such signage shall be limited to one (1) sign on the building frontage or face containing the principal means of egress/ingress. The proposed sign conforms to the applicable regulation, however, the applicant already has a wall sign on the southern facing façade which does not have its own separate entrance. Therefore, the applicant shall obtain a waiver to allow for the additional signage.

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. However, this case is unique in several aspects. First, the proposed signage is located on an internally facing façade and not visible from the right-of- way or surrounding properties. Second, there is limited access to the site because the entrance is located on the upper story of the shopping mall rooftop parking lot. Due to this unique situation, staff recommends approval of the application to allow for the additional non-illuminated wall sign on the internally facing façade. Additionally, this application is being reviewed solely for compliance with the –SO regulations in the Zoning Code. As stated in TMC 1103.0707(E), the maximum square footage and location of all wall signs shall be in accordance with Section 1387.05(d) of the Building Code.

STAFF RECOMMENDATION

The staff recommends that the Toledo City Plan Commission approve SPR-13-19, a Major Site Plan Review for a sign waiver in a Regional Commercial Shopping Center Sign Control Overlay (CR-SO) District at 5001 Monroe Street, for the following two (2) reasons:

1. The site has limited access with the internal façade not visible from the right-of-way; and

2. The unique circumstance of this particular case in the –SO will not set a precedent in the surrounding area.

4 - 4 REF: SPR-13-19. . . May 9, 2019

STAFF RECOMMENDATION (cont’d)

The staff recommends that the Toledo City Plan Commission approve the request for a sign a sign waiver in a Regional Commercial Shopping Center Sign Control Overlay (CR-SO) District at 5001 Monroe Street:

Chapter 1103 – Overlay Zoning Districts

Sec. 1103.0707 – Fascia and Wall Signs B. Such signs are permitted for those business establishments whose principal means of egress/ingress for the general public is through an exterior entrance and separate from the shopping center entrance. Such signage shall be limited to that building frontage or face containing the principal means of egress/ingress.

Approve a waiver to allow for one (1) additional non-illuminated wall sign on the northern internally facing façade not limited to the building face containing the principal means of egress/ingress.

The staff further recommends that the Toledo City Plan Commission approve SPR-13-19, Major Site Plan Review for a sign waiver in a Regional Commercial Shopping Center Sign Control Overlay (CR-SO) District at 5001 Monroe Street, subject to the following four (4) conditions:

Plan Commission

1. Applicant shall obtain a waiver to TMC§1103.0707 (B) to allow for the additional wall sign on the northern internally facing façade.

2. Applicant shall obtain any necessary permits for the wall sign through the City of Toledo Division of Building Inspections.

3. Per TMC§1111.0814, if a sign permit is not issued within one (1) year of this approval date (5-9-2019) 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-13-19 DATE: May 9, 2019 TIME: 2:00 P.M. RS Five (5) sketches follow

4 - 5 GENERAL LOCATION SPR-13-19 ID 77

4 - 6 ZONING AND LAND USE SPR-13-19 ID 77

4 - 7 AERIAL IMAGE SPR-13-19 N ID 77 4 - 8 ELEVATION SPR-13-19 N ID 77 4 - 9 SIGN ELEVATION SPR-13-19 ID 77 4 - 10 REF: SUP-3002-19 DATE: May 9, 2019

GENERAL INFORMATION

Subject

Request - Special Use Permit for Community Recreation Active for an outreach community center

Location - 1623 Broadway Street

Applicants - Western Avenue Baptist Church of Toledo President Bob Welly 860 Orchard Street Toledo, OH 43609

Architect - Midwest Church Design + Construction 634 Eckel Rd Perrysburg, OH 43551

Site Description

Zoning - CS / Storefront Commercial District Area - .268-acres Frontage - 75’ Existing Use - Vacant building Proposed Use - Outreach community center Neighborhood Organization - Broadway Corridor Coalition

Area Description

North - Commercial buildings / CS South - Commercial buildings / CS East - Single and Two-Family Dwellings / RD6 West - Medical office and community kitchen / CS

5 - 1

\ REF: SUP-3002-19... May 9, 2019

GENERAL INFORMATION (cont’d)

Parcel History

M-7-97 - C-6 Review Heritage South Shopping Center in block bounded by Broadway, South, Frank and Walbridge. Plan Commission approved on 12/3/87. City Council approved Ord. 1093-87 on 12/17/87.

V-991-98 - Alley vacation for block bounded by Broadway, South, Congree, and Colburn. Plan Commission approved with conditions on 2/11/99. City Council approved Ord. 414-99 on 6/8/99.

M-1-17 - Assist, review and the adoption of the Old South End Master Plan. Plan Commission approved on 4/13/17. City Council approved Ord. 556 on 5/30/17.

Applicable Plans and Regulations

• Toledo Municipal Code (TMC), Chapter Eleven: Planning and Zoning • Toledo 20/20 Comprehensive Plan • C-6 VIVA South Toledo Neighborhood Business District • Old South End Master Plan

STAFF ANALYSIS

The applicant is requesting a Special Use Permit for a Community Recreation - Active use located at 1623 Broadway Street. The applicant intends to relocate an existing community center currently located at 860 Orchard Street to this site. The site is zoned CS, Commercial Storefront. A community center is a permitted use in this zoning district, subject to approval of a Special Use Permit.

The current uses in the existing community center focus on worship services, bible studies, Beauty Project for pre-teen and teenage girls (program that is religion based), GED Classes, Baby U for assisting new parents, and a visiting medical clinic that is offered once a week. The center will continue to provide these services to the community in the new location.

The new location is an existing building located in the commercial storefront along Broadway Street. The building was constructed in 1906 and the relocation of the community center to this site will assist the applicant in reaching out to the community to provide much needed services. The subject site is located on a major thorough fare for the Historic South End Neighborhood Business District and has public transportation available at the site.

5 - 2

\ REF: SUP-3002-19... May 9, 2019

STAFF ANALYSIS (cont’d)

Surrounding land uses include a commercial building to the south; to the north of the site is a Rite Aid Drug Store and single-family houses behind the store; and to the west across Broadway Street is medical office known as Southside Physician Center. To the east of the site are single-family and two-family houses.

Parking and Circulation

The site is occupied by a building; there is no space available for on-site parking. The majority of the community utilizing the center is within walking distance or utilizes public transit. There are a few members in the community who drive to the center and therefore a parking agreement for ten parking spaces has been allocated at 847 Orchard Street to ensure off- street parking.

Located in the front of the center, there is on-street parking to assist those with small children and for anyone who is dropping off visitors. A bike rack with four slots will be located in the front of the building on the public sidewalk. An encroachment permit from the Division of Inspection will be required prior to the placement of the bike rack.

Building Elevation

The storefront facade will be modified and taken back to its original design. The windows and additional doors on both sides for the main entrance will be removed as part of the storefront façade renovation. The original, decorative front doors will be retained and refurbished in the second phase of the construction.

Landscaping

The existing structure occupies the entire site therefore no landscaping is required for this Special Use Permit application.

Toledo 20/20 Comprehensive Plan

The Toledo 20/20 Plan targets this site for Urban Village in order to provide neighborhood commercial uses. The Southside list of recommendations encourages developing strong, economically viable and diverse neighborhood commercial activity along Broadway Street. Encourage infill housing where appropriate and enforce the housing code aggressively.

Staff recommends approval of the Special Use Permit since the proposed use complies with all applicable provisions of the zoning code (TMC 1111.0706.B Special Uses - Review and Decision-Making Criteria). Second, the site is located in the Historic South overlay and is a reuse of an existing, vacant building. Finally, the use is compatible with adjacent uses in terms of scale, site design, and operating characteristics (TMC 1111.0707.C Special Uses – Review and Design-Making Criteria).

5 - 3

\ REF: SUP-3002-19... May 9, 2019

STAFF RECOMMENDATION

The staff recommends that the Toledo City Plan Commission recommend approval of SUP-3002-19 a request for a Special Use Permit for Community Recreation - Active for a site located at 1623 Broadway Street to the Toledo City Council, for the following three (3) reasons:

1. The use is compatible with adjacent uses in terms of scale, sight design and operating characteristics.

2. The applicant is proposing a re-use of an existing, vacant building located in the Historic South overlay district; and 3. The proposed use complies with all applicable provisions of this Zoning Code (TMC 1111.0706.B Review & Decision-Making Criteria).

The staff recommends that the Toledo City Plan Commission recommend approval of SUP-3002-19, a request for a Special Use Permit for a Community Recreation - Active, to be located at 1623 Broadway Street to the Toledo City Council, subject to the following twenty-five (25) conditions:

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

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.

5 - 4

\ REF: SUP-3002-19... May 9, 2019

STAFF RECOMMENDATION (cont’d)

Engineering Services (cont’d)

3. All commercial drive approaches, (along with the sidewalk through the drive) shall be constructed with 8” thick concrete per City of Toledo Construction Standards and Specifications. No curb shall be permitted in the right-of-way along either side of a drive approach. No horizontal curb cutting will be permitted to create a curb drop/opening. Existing drive approaches, including the curb drop, that will no longer be utilized shall be removed and restored with curb to match the adjacent curb.

4. Required permits for all approved work in the public right-of-way shall be obtained, before work begins, from One Stop Shop, (419) 245-1220.

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.

7. All commercial properties are required to have approved backflow protection devices installed on the domestic water service and fire protection lines. Installation of the devices must be verified by the Division of Water Distribution and all devices must be registered with BSIonlinetracking.com @ 800-414-4990. In the case of renovation, expansion or modification projects, all existing backflow devices must be verified and registered. Where devices are missing, they shall be added. Contact the Division of Water Distribution (419-936-2839) to verify the backflow prevention requirements for this site.

8. The design professional or property owner shall submit written documentation to the Division of Water Distribution that no changes are being made to the existing water service line, meter setting or backflow protection device and that these devices are properly installed, tested and in good working order. The City, at its discretion, has the authority to mandate the entire service, including meter and backflow prevention device, be brought into compliance with current City of Toledo standards.

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

5 - 5

\ REF: SUP-3002-19... May 9, 2019

STAFF RECOMMENDATION (cont’d)

Sewer and Drainage Services

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

11. S&DS recommends 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.

Environmental Services

12. Applicant shall maintain compliance with the City of Toledo’s Stormwater regulations as specified in the Toledo Municipal Code.

13. Applicant shall maintain compliance with Ohio EPA’s General Stormwater NPDES permit programs.

14. Any green infrastructure measures that can be included to minimize runoff and increase infiltration are highly advisable.

15. Applicant shall maintain compliance with the City of Toledo’s stormwater regulations as specified in the Toledo Municipal Code. Special attention must be paid to all potential stormwater impacts from the modifications, including but not limited to long-term operation and maintenance of existing of existing structural and non-structural Best Management Practices.

16. Any effort made to plant non-invasive trees, shrubs and perennials is highly encourage. http://ohiodnr.gov/portals/0/pdfs/invasive/AlternativestoOhioInvasivePlantSpecies.pdf/

17. 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

18. Construction plans will need to be submitted and it will also need to comply with the new use group.

19. Provide premises identification on the street side fronting the building.

5 - 6

\ REF: SUP-3002-19... May 9, 2019

STAFF RECOMMENDATION (cont’d)

Plan Commission

20. Off-site parking shall be made available indefinitely (agreement to use ten (10) spaces at 847 Orchard is acceptable).

21. 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.

22. Approval of the Special Use Permit will lapse after one (1) year if the criteria listed in TMC 1111.0707 have not been met.

23. Provide at one bicycle rack with four (4) slots. An encroachment permit must be obtained from the Division of Inspection prior to installation.

24. 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.

25. 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.

SPECIAL USE PERMIT TOLEDO CITY PLAN COMMISSION REF: SUP-3002-19 DATE: May 9, 2019 TIME: 2:00 P.M.

CITY COUNCIL COMMITTEE OF PLANNING AND ZONING DATE: June 12, 2019 TIME: 4:00 P.M.

MLM Four (4) sketches follow

5 - 7

GENERAL LOCATION SUP-3002-19 ID 12

5 - 8

ZONE AND LAND USE SUP-3002-19 N ID 12

SITE PLAN SUP-3002-19 N ID 12

BLANK PAGE REF: HS-2-19 DATE: May 9, 2019

GENERAL INFORMATION

Subject

Request - Historic South review for a outreach community center

Location - 1623 Broadway Street

Applicants - Western Avenue Baptist Church of Toledo President Bob Welly 860 Orchard Street Toledo, OH 43609

Architect - Midwest Church Design + Construction 634 Eckel Rd Perrysburg, OH 43551

Site Description

Area Description

North - Commercial buildings / CS South - Commercial buildings / CS East - Single and Two-Family Dwellings / RD6 West - Medical office and community kitchen / CS

6 - 1

\ REF: HS-2-19... May 9, 2019

GENERAL INFORMATION (cont’d)

Parcel History

M-7-97 - C-6 Review Heritage South Shopping Center in block bounded by Broadway, South, Frank and Walbridge. Plan Commission approved on 12/3/87. City Council approved Ord. 1093-87 on 12/17/87.

V-991-98 - Alley vacation for block bounded by Broadway, South, Congree, and Colburn. Plan Commission approved with conditions on 2/11/99. City Council approved Ord. 414-99 on 6/8/99.

M-1-17 - Assist, review and the adoption of the Old South End Master Plan. Plan Commission approved on 4/13/17. City Council approved Ord. 556 on 5/30/17.

Applicable Plans and Regulations

• Toledo Municipal Code (TMC), Chapter Eleven: Planning and Zoning • Toledo 20/20 Comprehensive Plan • C-6 VIVA South Toledo Neighborhood Business District • Old South End Master Plan

STAFF ANALYSIS

The applicant is requesting a Historic South Review for a community center - active located to 1623 Broadway Street. The applicant intends to relocate an existing community center currently located at 860 Orchard Street to this site. The site is zoned CS, Commercial Storefront. . The site is located in a “Primary Retail Area” of the C-6 VIVA South Toledo Neighborhood Business District and is also within the Old South End Master Plan boundaries. The purpose of the review is to ensure a harmonious relationship between buildings and neighboring areas within the VIVA South Toledo community. The standards and guidelines are not meant to prohibit development or redevelopment; rather they are designed to encourage the revitalization of Broadway Street as a viable commercial district serving the surrounding residential community.

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\ REF: HS-2-19... May 9, 2019

STAFF ANALYSIS (cont’d)

The applicant is proposing to reuse the building with a façade change starting on the first floor of the structure. The site is zoned CS Storefront Commercial and consists of one (1) that has .268-acres of total land area. Located in the storefront along Broadway Street and is attached to two vacant buildings on either side. Currently, the site is vacant and the storefronts on either side of the subject site are also vacant. The “Primary Retail Area” permits businesses primarily engaged in providing personal care of persons, clothing, Laundromats, tailors, and hair cutting and styling.

The current uses in the existing outreach community center focus on worship services, bible studies, Beauty Project for pre-teen and teenage girls (program that is religion based), GED Classes, Baby U for assisting new parents, and a visiting medical clinic that is offered once a week. The center will continue to provide these services to the community in the new location.

Site improvements include the storefront facade will be modified and taken back to its original design. The windows and additional doors on both sides for the main entrance will be removed as part of the renovation. The original, decorative front doors will be retained and refurbished in the second phase of the construction. The existing structure occupies the entire site therefore no landscaping is required for this site.

Parking and Circulation

C-6 VIVA South Toledo Neighborhood Business District

The site is within the Heritage South Neighborhood Business District. The Heritage South Neighborhood Business District consists of a 1.3 mile section of Broadway in south Toledo extending from Interstate 75 on the north end to Bartley Place which is a side street located on the south end.

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\ REF: HS-2-19... May 9, 2019

STAFF ANALYSIS (cont’d)

C-6 VIVA South Toledo Neighborhood Business District (cont’d)

The neighborhood business district along Broadway Street consists of several identifiable commercial, residential and institutional sub areas. The site in question is at the commercial center along Broadway Street and is identified in the Old South End Master Plan as the “Broadway and South Node”.

The Master Plan envisions the Broadway and South Node as a major commercial node along the Broadway Commercial Corridor. Key improvements suggested for this area include: Reducing moving traffic lanes on Broadway; Major reconfiguration of the Broadway and South intersection to enhance pedestrian accessibility and safety; and Enhanced landscape improvements along Broadway Street. This proposal conforms with the Old South End Master Plan.

Toledo 20/20 Comprehensive Plan

Staff has reviewed the proposed Heritage South Review in accordance with the criteria of TMC§1111.1502. Based on the results of the review, staff has determined that the request is suitable for this location because the proposed use complies with the Land Development Standards and Guidelines for VIVA South Toledo Neighborhood Business District (TMC§1111.1502). Furthermore the proposed use complies with all applicable provisions of the Old South End Neighborhood Master Plan and the proposed use conforms to the Toledo 20/20 Comprehensive Plan. Finally, the site plan complies with all standards of the Toledo Municipal Zoning Code (TMC§1111.0809(A)).

The Executive Board of the Broadway Corridor Coalition will review the site plan in accordance with the VIVA South Toledo Neighborhood Business District regulations on May 1, 2019 at their monthly meeting.

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\ REF: HS-2-19... May 9, 2019

STAFF RECOMMENDATION

The staff recommends that the Toledo City Plan Commission approve HS-2-19 a request for an outreach community center for a site located at 1623 Broadway Street for the following four (4) reasons:

1. The proposed use complies with the Land Development Standards and Guidelines for VIVA South Toledo Neighborhood Business District (TMC§1111.1502).

2. The proposed use complies with all applicable provisions of the Old South End Neighborhood Master Plan.

3. The proposed use conforms to the Toledo 20/20 Comprehensive Plan; and

4. The site plan complies with all standards of the Toledo Municipal Zoning Code (TMC§1111.0809(A)).

The staff recommends that the Toledo City Plan Commission approve HS-2-19, a request for an outreach community center, to be located at 1623 Broadway Street, subject to the following twenty-three (23) conditions.

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

Heritage South (aka Broadway Corridor Coalition)

Not available at time of print.

Engineering Services

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

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\ REF: HS-2-19... May 9, 2019

STAFF RECOMMENDATION (cont’d)

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.

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.

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

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\ REF: HS-2-19... May 9, 2019

STAFF RECOMMENDATION (cont’d)

Sewer and Drainage Services

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

Environmental Services

12. Applicant shall maintain compliance with the City of Toledo’s Stormwater regulations as specified in the Toledo Municipal Code.

13. Applicant shall maintain compliance with Ohio EPA’s General Stormwater NPDES permit programs.

14. Any green infrastructure measures that can be included to minimize runoff and increase infiltration are highly advisable.

16. Any effort made to plant non-invasive trees, shrubs and perennials is highly encourage. http://ohiodnr.gov/portals/0/pdfs/invasive/AlternativestoOhioInvasivePlantSpecies.pdf/

Fire Prevention

18. Construction plans will need to be submitted and it will also need to comply with the new use group.

19. Provide premises identification on the street side fronting the building.

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\ REF: HS-2-19... May 9, 2019

STAFF RECOMMENDATION (cont’d)

Plan Commission

20. Off-site parking shall be made available indefinitely (agreement to use ten (10) spaces at 847 Orchard is acceptable).

21. Provide at one bicycle rack with four (4) slots. An encroachment permit must be obtained from the Division of Inspection prior to installation.

22. 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.

23. 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.

C-6 VIVA HERITAGE SOUTH REVIEW TOLEDO CITY PLAN COMMISSION REF: HS-2-19 DATE: May 9, 2019 TIME: 2:00 P.M.

MLM Four (4) sketches follow

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GENERAL LOCATION HS-2-19 ID 12

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ZONE AND LAND USE HS-2-19 N ID 12

SITE PLAN HS-2-19 N ID 12

REF: Z-3006-19 DATE: May 9, 2019

GENERAL INFORMATION

Subject

Request - Zone Change from IL Light Industrial to CD Downtown Commercial

Address - 22 N. Erie Street

Owner - Knight Brothers Realty LLC 22 N. Erie St Toledo, OH 43604

Agent - Michael Moriarty 151 N. Michigan Toledo, OH 43604

Site Description

Zoning - IL / Limited Industrial Area - .173-acre Frontage - 63’ along N. Erie Street Existing Use - Commercial structure Proposed Use - Commercial space on the first floor and residential uses on the second and third floors Neighborhood Org. - Warehouse Association Overlay - Warehouse District Neighborhood Overlay

Area Description

North - Commercial storefront and parking lot / CD South - Commercial storefront and parking lot / CD East - Commercial storefront / CD West - Commercial storefront and parking lot / CD

Parcel History

M-12-13 - Establishment of the Warehouse District Urban Neighborhood Plan Overlay (P.C. rec. approval on 10/23/13 and C.C. approved on 1/2/14 by Ord. 9- 14).

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REF: Z-3006-19. . .May 9, 2019

GENERAL INFORMATION (cont’d)

Applicable Regulations

• Toledo Municipal Code Part Eleven: Planning and Zoning • Toledo 20/20 Comprehensive Plan • Toledo Warehouse District Plan • Warehouse District Urban Neighborhood Overlay

STAFF ANALYSIS

The applicant is requesting a Zone Change from IL Limited Industrial to CD Downtown Commercial for a site located at 22 N. Erie Street. The .173-acre site is zoned light industrial and is occupied by a three story brick structure. The applicant’s intent is to allow for the commercial business on the first floor to continue, and convert the second and third floor to residential uses. In order to repurpose the structure a Zone Change is required for the mixed commercial and residential uses on the subject site.

Surrounding land uses to the south, east, and west include commercial businesses and existing surface lots with a few warehouse structures that have been converted to commercial storefronts. To the north there are several restaurants and taverns located within walking distance. The structure located on the subject site was constructed in 1867.

The subject site is located in the Warehouse District Neighborhood Overlay (UNO) and the effect of the designation establishes additional design standards for development. The applicant has already presented future “physical changes,” meaning alterations, remolding, new construction or renovation of the exterior, to the Warehouse District Architectural Review Committee (TWDARC) for the abutting property to the south. The TWDARC applications are taken in and processed by the Plan Commission staff.

The TWDARC has created a sub-committee to initiate down zoning within the Warehouse District where it is feasible for existing uses that are zoned industrial to convert to downtown commercial or mixed commercial - residential use in order to be compliant with Toledo Municipal Code. At this time, this is the first application to be processed under this initiative.

Toledo 20/20 Comprehensive Plan

The Toledo 20/20 Comprehensive Plan and the Warehouse District Plan both target this site for downtown commercial land uses. The Warehouse Neighborhood Overlay (UNO) overlaps with the Downtown Overlay District that both support mixed-use development.

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REF: Z-3006-19. . .May 9, 2019

STAFF ANALYSIS (cont’d)

Staff recommends approval of the Zone Change for this location since the structure is abutting a commercial business, a warehouse and other commercial uses in the immediate area. Second, the Zone Change will allow for the building to be repurposed for a large scale mixed commercial – residential use. Finally, the proposed CD Downtown Commercial Zoning is consistent with the future land use in the Toledo 20/20 Comprehensive Plan and the Toledo Warehouse Plan for this site.

STAFF RECOMMENDATION

The staff recommends that the Toledo City Plan Commission recommend approval of Z-3006-19, a request for a Zone Change from IL Limited Industrial to CD Downtown Commercial for a site located at 22 N. Erie Street to the Toledo City Council, for the following three (3) reasons:

1. The proposed Zone Change is consistent with the Toledo 20/20 Comprehensive Plan and the Warehouse District Plan that both target this site for Downtown Commercial uses (TMC 1111.0606.A Review and Decision-Making Criteria).

2. The proposed Zone Change is consistent with existing land uses within the general vicinity of the subject property (TMC 1111.0606.B Review and Decision- Making Criteria); and

3. The physical suitability of the subject property for the uses permitted under the proposed zoning classification for CD Downtown Commercial will allow the property to be revitalized (TMC 1111.0606.D Review and Decision- Making Criteria).

ZONE CHANGE TOLEDO CITY PLAN COMMISSION DATE: May 9, 2019 TIME: 2:00 P.M.

CITY COUNCIL COMMITTEE ZONING AND PLANNING DATE: June 12, 2019 TIME: 4:00 P.M.

MLM Two (2) sketches follow

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GENERAL LOCATION Z-3006-19 ID 10

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ZONING AND LAND USE Z-3006-19 ID 10

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BLANK PAGE REF: SPR-10-19 DATE: May 9, 2019

GENERAL INFORMATION

Subject

Request - Major Site Plan Review for a Building and Parking Lot Addition

Location - 3708 Laskey Road

Applicant - Brad Wotring Northpoint Church 3708 Laskey Road

Architect - David Koppelman AFM Architects 5224 Bayshore Road, Suite 104 Oregon, OH 43616

Site Description

Zoning - RS6 Single Dwelling Residential Area - ±3.64 Acres Frontage - ±297 Feet along Laskey Road ±244 Feet along Harvest Lane Existing Use - Northpoint Church Proposed Use - Northpoint Church

Area Description

North - Single Family Residential / RS6 Single Dwelling Residential South - Single Family Residential / RS6 Single Dwelling Residential East - Single Family Residential / RS6 Single Dwelling Residential West - Single Family Residential & Undeveloped Land (Good Shepherd Lutheran Church) / RS6 Single Dwelling Residential

8 - 1 REF: SPR-10-19. . .May 9, 2019

GENERAL INFORMATION (cont’d)

Parcel History

T-23-54 - Lot split for .93 acre of land. Plan Commission approved on January 18, 1954.

Applicable Plans and Regulations

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

STAFF ANALYSIS

The request is a Major Site Plan Review (SUP) for a Building and Parking Lot Addition at 3708 Laskey Road. The plan includes projects that will occur in at least two phases. The first phase is a 6,840 sq. ft. building addition for additional fellowship and classroom space, a parking lot addition that will increase the parking total from 78 to 124 spaces, and a new exit only driveway on to Laskey Road. The drive will share an approach with the adjacent single family home to the west. Later phases will include 3,078 sq. ft. of additional building space, 93 parking spaces, and a new 12,162 sq. ft. auditorium. The applicant only intends to proceed with the first phase at this time, but has requested review for all phases.

An overview of key project details is included in this analysis. A full review of all project related items is included in the agency conditions at the end of this report.

Parking

a) The proposed parking for Phase I exceeds the maximum allowable per TMC 1107.0300 and will require the submission of an alternative parking plan. b) Parking estimates for Phase II and the auditorium were not provided but shall be submitted for review and approval. c) Parking spaces and vehicular drives are prohibited in the required landscape buffers and shall be 10 feet from all residential districts. TMC 1107.1202.A.3&A.4 d) The proposed exit only driveway will share a drive approach on Laskey Road with the adjacent residence. A copy of an executed cross-access easement shall be submitted to our office.

Landscaping

a) A landscape plan shall be submitted to our office indicating compliance with plantings for the frontage greenbelt, interior & exterior parking, and foundation plantings.

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REF: SPR-10-19. . .May 9, 2019

STAFF ANALYSIS (cont’d)

Landscaping (cont’d)

b) The site plan shows a perimeter buffer of 7 feet to the north, 7 feet to the east, 10 feet to the south, and 1 foot to the west. A 10 foot perimeter parking lot buffer is required. A waiver is included as part of this report. c) A parking lot light is proposed for the Phase I expansion and is located between a number of residential properties. Lighting details shall be submitted for review and approval and be in compliance with TMC 1107.1908 in order to minimize the impact on adjacent properties.

Elevations

a) Institutional uses in residential districts are subject to the design standards of TMC 1109.0200. Projects are required to provide at least one main entrance that opens and faces to the street with a 5 foot connecting walkway and be compatible in terms of architectural design elements. A waiver is included as part of this report. TMC 1109.0204.A &.0205.B.1. b) Facades visible from the public right of way shall be comprised of at least 75% of high quality materials. Metal is acceptable as an accent material only or along less visible portions of the project. A waiver is included as part of this report. TMC 1109.0501.A c) Elevations were only submitted for the south façade. Elevations for all four sides shall be submitted for review and approval.

20/20 Plan

The Toledo 20/20 Comprehensive Plan recommends this site for Single Family Residential uses. This category accommodate the development of single dwelling units on individual lots along with supportive services such as libraries, schools, churches, and community centers. The proposed project is consistent with this recommendation.

Staff recommends approval of the proposed site plan because the use is permitted in the RS6 Single Dwelling Residential district in which it is located and provides for the safe, efficient, and convenient movement of traffic not only within the site, but on adjacent roadways as well.

STAFF RECOMMENDATION

The staff recommends that the Toledo City Plan Commission approve SPR-10-19, a Major Site Plan Review for a Building and Parking Lot Addition located at 3708 Laskey Road for the following two (2) reasons:

1. The proposed use is permitted in the Zoning District in which it is located; TMC 1111.0809.B; and 8 - 3

REF: SPR-10-19. . .May 9, 2019

STAFF RECOMMENDATION (cont’d)

2. The proposed site plan will provide for safe, efficient and convenient movement of traffic not only within the site but on adjacent roadways as well. TMC 1111.0809.C

The staff recommends that the Toledo City Plan Commission take the following actions on proposed waivers:

Chapter 1107 Parking, Loading, and Access TMC 1107.1202 Setbacks A. Residential Districts In Residential Districts: 3. off-street parking spaces are prohibited within required landscape buffers; 4. off-street parking areas serving multi-dwelling and nonresidential uses must be set back at least 10 feet from all RS and RD zoning districts. See Chapter 1108 for applicable landscaping and screening requirements; Chapter 1108 Landscaping and Screening TMC 1108.0202 Frontage Greenbelt B. Requirements 9. Perimeter landscaping must be installed along any parking lot area adjacent to a street, place, or driveway, or which is visible from an immediately adjacent property. a. 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.

Approve a waiver to allow a 7 foot perimeter parking lot buffer to the north and east provided a 6 foot privacy fence is installed in those areas and the west perimeter is extended from 1 foot to the required 10 feet.

Chapter 1109 Design Standards 1109.0204 Relationship of Buildings to Streets, Walkways and Parking A. Connecting Walkways 1. At least one main entrance of any commercial, mixed-use, or institutional building shall face and open directly onto a 5 foot 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. 1109.0205 Building Design Standards B. Character and Image 1. Building design shall contribute to the uniqueness of established neighborhoods by harmonizing design elements of the adjacent architecture.

Approve a waiver to allow the project without a street facing entrance, connecting sidewalk, or complimentary design elements such as scale and massing, roof and parapet forms, and door and window fenestration patterns. 8 - 4

REF: SPR-10-19. . .May 9, 2019

STAFF RECOMMENDATION (cont’d)

Chapter 1109 Design Standards 1109.0501 Façade Materials A. Facades visible from the public right-of-way shall be comprised of at least seventy-five percent (75%) of the total wall area of the façade.

Disapprove a waiver to allow metal panel as a predominant building material for any façade visible from the public right-of-way.

Staff further recommends approval 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.

Engineering Services

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

4. 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. 8 - 5

REF: SPR-10-19. . .May 9, 2019

STAFF RECOMMENDATION (cont’d)

Engineering Services (cont’d)

5. 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.

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

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

8. All commercial properties are required to have approved backflow protection devices installed on the domestic water service and fire protection lines. Installation of the devices must be verified by the Division of Water Distribution and all devices must be registered with BSIonlinetracking.com @ 800-414-4990. In the case of renovation, expansion or modification projects, all existing backflow devices must be verified and registered. Where devices are missing, they shall be added. Contact the Division of Water Distribution (419-936-2839) to verify the backflow prevention requirements for this site.

9. The design professional or property owner shall submit written documentation to the Division of Water Distribution that no changes are being made to the existing water service line, meter setting or backflow protection device and that these devices are properly installed, tested and in good working order. The City, at its discretion, has the authority to mandate the entire service, including meter and backflow prevention device, be brought into compliance with current City of Toledo standards.

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

11. The footprint of the storm water retention area is not defended with calculations and may be too small. Stormwater detention and post-construction stormwater best management practices (BMP's) must comply with the latest version of the City of Toledo's Infrastructure Design and Construction Requirements, for all area(s) disturbed regardless of pre-and post-construction land use. http://toledo.oh.gov/services/public- utilities/engineering-services/plan-review-process/

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REF: SPR-10-19. . .May 9, 2019

STAFF RECOMMENDATION (cont’d)

Engineering Services (cont’d)

12. The stormwater management practice size may be prorated to the amount of new development, or voluntarily made larger than required in order to treat more of the site's drainage. Design standards require that stormwater treatment facilities must consider the amount and rate of drainage directed into it, if the amount is substantially larger than what it is designed to treat. Also, the design manual for bioretention emphasizes the need for pretreatment and no pretreatment is indicated. Typical pretreatment options include a sediment forebay, grass filter strips, and inlet filters.

13. No construction work, including any earth disturbing work will be permitted without approved site plans. Submit the following for review & approval: • Engineering drawings and calculations compliant with the City of Toledo Infrastructure Design and Construction Requirements. • Detailed site grading plan • Plans and calculations for storm sewer service, stormwater detention and post- construction BMP's. • A Storm Water Pollution Prevention Plan (SWP3) including a completed submittal cover sheet, contact list, contractor certification form and Ohio EPA SWP3 checklist. The links to these documents can be found at http://www.tmacog.org/storc/swp3.htm. • Long term maintenance plan and maintenance agreement for Detention and Post- Construction BMP's for long term maintenance of the private facilities. Stormwater Detention and Post-Construction BMP's are required to be maintained into perpetuity.

14. Drainage Plans that incorporate low impact development solutions such as indicated on this proposal are eligible for a reduction in the property's stormwater utility fee through the Stormwater Credit Program, upon application to the program as explained at http://toledo.oh.gov/services/public-utilities/engineering-services/stormwater-utility- credit-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.

17. Any existing sewers under proposed buildings shall be relocated or abandoned. Developer shall verify any sewers to be abandoned are no longer in service.

18. All sanitary sewer manholes in the project area shall have solid lids installed on them. 8 - 7

REF: SPR-10-19. . .May 9, 2019

STAFF RECOMMENDATION (cont’d)

Sewer and Drainage Services

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

20. 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 to the public sewer system if this has not been done in the past (2) two years. An electronic (DVD/memory stick) shall be provided to S&DS demonstrating the lines cleaning and integrity.

Environmental Services

21. Applicant shall maintain compliance with the City of Toledo’s Stormwater regulations as specified in the Toledo Municipal Code.

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

23. Any green infrastructure measures that can be included to minimize runoff and increase infiltration are highly advisable.

24. Applicant shall maintain compliance with the City of Toledo’s stormwater regulations as specified in the Toledo Municipal Code. Special attention must be paid to all potential stormwater impacts from the modification, including but not limited to long-term operation and maintenance of existing structural and non-structural Best Management Practices.

25. Any effort made to plant non-invasive trees, shrubs and perennials is highly encouraged. http://ohiodnr.gov/portals/0/pdfs/invasives/Alternatives_to_Ohio_Invasiv e_Plant_Species.pdf

26. Applicant shall maintain compliance with the City of Toledo and State of Ohio’s Air Quality Regulations applicable in the Toledo Municipal Code and the Ohio Administrative Code including, but not limited to the Anti-Noise Laws and Asbestos Abatement.

Fire Department

27. Construction plans required for the building addition.

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REF: SPR-10-19. . .May 9, 2019

STAFF RECOMMENDATION (cont’d)

Transportation

28. All parking spaces at sidewalks require wheel stops per TMC 1107.

29. Assuming construction is done in phases, 6 auto and 1 van accessible parking spot required with a 5 ft. loading area for auto and an 8 ft. loading area for van when all full parking area is completed. Current parking condition requires 4 auto and 1 van accessible parking spot with 5 ft. loading area for auto and an 8 ft. loading area for van per TMC 1107.

30. Accessible parking signage required at all accessible parking spaces per TMC 1107.

31. Bicycle parking required per TMC 1107.

32. Shared driveway must be shown at Laskey Road with property owner of 3740 W. Laskey. If not already established, cross access and one way only driveway traffic agreements shall be formalized with adjacent property owner at 3740 W. Laskey Rd. or a new drive approach must be provided separate from church drive.ll two-way drive aisles need to be a minimum of 26 feet wide per TMC 1107.

Plan Commission

33. Coverage of driveways, open air parking, garages, and carports may not occupy more than 50% of the total rear yard in a Residential District. Not applicable. Provision applies to single and two family dwelling residential only. TMC 1105.0204.B

34. The site is required to provide 42 parking spaces based existing and proposed projects in Phase I. The 124 spaces provided in Phase I provides 295% of the required parking and exceed the 150% maximum allowed for parking. An alternative parking plan shall be submitted to the Planning Director for review and approval.

35. Parking estimates shall be submitted for Phase II or the sanctuary. An alternative parking plan shall be submitted to the Planning Director if parking exceeds 150% of the maximum.

36. Parking spaces, vehicular drives are prohibited in required landscape buffers and shall be 10’ away from all residential districts. A 10’ perimeter buffer is required on all sides of the parking lot and drive aisles. Shall be indicated on a revised site & landscape plan. Applicant must obtain a waiver of TMC 1107.1202.A.3&A.4 or comply fully with the requirements of said section.

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REF: SPR-10-19. . .May 9, 2019

STAFF RECOMMENDATION (cont’d)

Plan Commission (cont’d)

37. Bicycle parking spaces are not shown on the plan. Spaces shall be a minimum of 2’ x 6’ per parking slot. Phase I requires 13 spaces and Phase II requires 10 spaces. Shall be indicated on a revised plan. TMC 1107.0902.A

38. Whenever a parking lot extends to a property line, sidewalk, planting strip, or building, a wheel stop device such as a concrete stop, permanent concrete curb, or other suitable restraint as approved by the Planning Director shall be installed. Shall be indicated on a revised plan along the perimeter of the parking lot. TMC 1107.1907.A

39. An executed copy of a cross access agreement for the shared driveway approach with the property owner at 3740 Laskey shall be provided to our office.

40. 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. Frontage greenbelt: Plantings are required when the Auditorium is constructed along the Laskey Road frontage. Ten (10) canopy trees shall be provided. The preservation of existing trees within the required fifteen (15) foot buffer may count as credits, but shall be noted on street tree preservation plan.

b. Interior parking lot landscaping: Phase I requires 2,480 sq. ft. of interior landscape areas, 25 canopy trees and 75 shrubs. Phase II requires 1,860 sq. ft. of interior landscape areas, 19 trees and 56 shrubs. TMC 1108.0204.B.1 & C.1.

c. Perimeter parking lot landscaping: A 10’ perimeter buffer is required along all four sides of the parking lot. The plan provides 7’ to the north, 7’ to the east, 10’ to the south, and 1’ to the west. The 7’ buffer along the north and east are acceptable provided 6’ privacy fencing is provided. The 1’ buffer along the west shall expanded to the required 10’ and parking revised as adjacent property cannot be guaranteed to remain undeveloped. A solid row of evergreen shrubs and 53 canopy trees shall be provided. Applicant must obtain a waiver of TMC 1108.0204.B.9 or comply fully with the requirements of said section.

d. Interior site landscaping: One (1) tree per 500 sq. ft. of building coverage is required. Interior site landscaping must consist of foundation shrub plantings and new tree planting or the preservation of existing trees or hedges within the development site. Phase I requires 14 canopy trees. Phase II, including the auditorium, requires 31 canopy trees. TMC 1108.0205.

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REF: SPR-10-19. . .May 9, 2019

STAFF RECOMMENDATION (cont’d)

Plan Commission (cont’d)

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, trees, shrubs, and landscape materials shall meet the standards included in TMC 1108.0400 Landscape Materials Standards. Calculations shall also be provided indicating compliance with all required landscaping requirements.

g. Canopy trees must be a minimum of 12' in overall height or a minimum caliper of 2 inches, evergreen trees must be a minimum of 5', and shrubs must be at least 18 inches in height or 24 inches in spread when installed.

h. 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.

i. Lights and light fixtures used to illuminate any parking or loading area must be selected and arranged to direct and reflect the light away from any adjacent residential property and public ways and away from the sky above the light fixture. A profile of the proposed parking lot lighting fixture and height shall also be included.

41. At least one main entrance shall face and open directly onto a 5’ walkway connecting to the street sidewalk without requiring pedestrians to go around. Applicant must obtain a waiver of TMC 1109.0204.A or comply fully with requirements of said section.

42. Building design shall contribute to uniqueness of an established neighborhood by harmonizing design elements of adjacent architecture: scale and massing, roof and parapet forms, door and window fenestration pattern, and materials. Applicant must obtain a waiver of TMC 1109.0205.B.1 or comply fully with requirements of said section.

43. High quality building materials must comprise at least 75% of the total wall area for all sides of the building expansion visible from the right of way. This includes the east and south façade of 710 sq. addition, the south and east façade of the 5,930 sq. ft. and the south and east façade of any future addition. Metal paneling is not an acceptable material and shall be revised. Applicant must obtain a waiver of TMC 1109.0205.C. or comply fully with the requirements of said section. 8 - 11

REF: SPR-10-19. . .May 9, 2019

STAFF RECOMMENDATION (cont’d)

Plan Commission (cont’d)

44. All sides shall include compatible materials and design characteristics consistent with those on the primary façade based on visibility of side to public or adjacent residential. Elevations shall be submitted for all four sides and include percentage breakdowns for all building materials.

45. The proposed parking locate and building expansions are located on multiple parcels. Parcels shall be combined through the Lot Combination Application with the Lucas County Auditor.

46. A Bond of Performance or suitable assurance acceptable to the Division of Inspection valid for a period of two (2) years shall be posted with the Commissioner of Inspection providing for the installation of required landscaping within one (1) year. Landscaping shall be installed and maintained indefinitely.

47. 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. Major adjustments will require an amendment to the Major Site Plan Review.

48. No permits shall be issued until arrangements satisfactory to the Director of the Toledo City Plan Commission have been made for compliance with the conditions as set forth above.

MAJOR SITE PLAN REVIEW TOLEDO PLAN COMMISSION REF: SPR-10-19 DATE: May 9, 2019 TIME: 2:00 P.M.

JL Four (4) sketches follow

8 - 12

GENERAL LOCATION SPR-10-19 ID 76

8 - 13

ZONING AND LAND USE SPR-10-19 ID 76

8 - 14

SITE PLAN SPR-10-19 N ID 76

NORTH ELEVATION SPR-10-19 ID 76

REF: SUP-3009-19 DATE: May 9, 2019

GENERAL INFORMATION

Subject

Request - Special Use Permit for a Convenience Store

Location - 2222 N. Reynolds Road

Applicant - Hamada Abukaff & Samaher Hamoudeh 3105 Laskey Road Toledo, OH 43613

Owner - JME Property Management 2003 The Bluffs Toledo OH 43615

Site Description

Zoning - CR Regional Commercial Area - ±.47 Acres Frontage - ±140 Feet along Reynolds Road Existing Use - Vacant Proposed Use - Convenience Store

Area Description

North - Single Family Residential & Offices / CR Regional Commercial & RS9 Single Family Residential South - Offices & Retail / CR Regional Commercial East - Apartments & Single Family Residential / RM36 Multi-Dwelling Residential & RS9 Single Family Residential West - Apartments, Convenience Store, & Single Family Residential / CR Regional Commercial & RS9 Single Dwelling Residential

Parcel History

SUP-2001-13 - Special Use Permit for a Tobacco Shop. Plan Commission recommended approval with conditions on 3/14/13. City Council approved on 4/30/2013.

9 - 1 REF: SUP-3009-19. . .May 9, 2019

GENERAL INFORMATION (cont’d)

Applicable Plans and Regulations

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

STAFF ANALYSIS

The request is a Special Use Permit (SUP) for a Convenience Store at 2222 N Reynolds Road, Unit 1. The 1,985 sq. ft. space is located on the north side of the multi-tenant strip center and is currently vacant. The applicant signed a lease in November 2018 and started renovations on the unit but was unaware of the requirement for a Special Use Permit. The store will be open from 9:00 AM to 7:00 PM throughout the week and have four employees.

An overview of key project details is included in this analysis. A full review of all project related items is included in the agency conditions at the end of this report.

Use Specific Regulations a. There is one convenience store spacing violation within 2,000 feet of the proposed facility: • 2209 N. Reynolds Road - Stop N Shop – ±88 Feet – Measured from Parking Lot Right of Way b. There is one school, park, library, day care, or other use for minors within 1,000 feet of the proposed facility: • 5403 Elmer Drive - Toledo Botanical Garden – ±707 Feet - Measured from Parking Lot Right of Way

Parking a. The reuse of a single unit in a multi-tenant space does not typically require significant site improvements, however the Division of Transportation included conditions of approval for the existing parking lot.

Landscaping a. The reuse of a single unit in a multi-tenant space does not typically require significant site improvements.

Elevations a. There are no changes proposed for the building exterior at this time.

9 - 2

REF: SUP-3009-19. . .May 9, 2019

STAFF ANALYSIS (cont’d)

20/20 Plan

The Toledo 20/20 Comprehensive Plan recommends this site for Neighborhood Commercial uses. This category accommodates small and medium scale commercial uses that serve neighborhoods. The use is consistent with this recommendation.

Staff is recommending disapproval however because of two spacing violations at this location. The spacing regulation was adopted by Toledo City Council in 2009 to limit negative secondary effects associated with convenience stores throughout the City. This regulation is most effective when spacing is broadly applied and exceptions are granted under the most rigorous and unique of circumstances. The applicant has not identified an adequate hardship that staff can support. As a result, the proposal does not meet the stated purpose of the zoning code and is not in compliance with all applicable standards of this Zoning Code.

Although staff is recommending disapproval, agency conditions are included as Exhibit “A” of this report.

STAFF RECOMMENDATION

The staff recommends that the Toledo City Plan Commission recommend disapproval of SUP-3009-19, a Special Use Permit for a Convenience Store, to the Toledo City Council, for the following two (2) reasons:

1. The request does not meet the stated purpose of the Zoning Code – TMC 1111.0706.A.

2. The request is not compliant with all applicable standards of this Zoning Code – TMC 1111.0706.B.

The staff recommends that the Toledo City Plan Commission make the following recommendations to the Toledo City Council on the following waivers:

Chapter 1104 Use Regulations 1104.0600 Convenience Stores 1104.0603 Spacing Requirements A. A convenience store shall not be located within a 2,000 foot radius of another convenience store, whether that other convenience store is operating pursuant to a Special Use Permit or operating without such Special Use Permit by virtue of having been in operation prior to the requirement to obtain such permit. B. A convenience store shall not be located within a 1,000 foot radius of a school, public park, public library, licensed child day care center, or other use established specifically for the activities of minors.

9 - 3

REF: SUP-3009-19. . .May 9, 2019

STAFF RECOMMENDATION (cont’d)

Disapprove a waiver to allow a convenience store to be located with 2,000 feet of another convenience store and 1,000 feet of a school, public park, licensed child day care center, or other use established specifically for the activities of minors.

SPECIAL USE PERMIT TOLEDO PLAN COMMISSION REF: SUP-3009-19 DATE: May 9, 2019 TIME: 2:00 P.M.

TOLEDO CITY COUNCIL ZONING AND PLANNING COMMITTEE DATE: June 12, 2019 TIME: 4:00 P.M.

JL Three (3) sketches follow

9 - 4

GENERAL LOCATION SUP-3009-19 ID 117

9 - 5

ZONING AND LAND USE SUP-3009-19 ID 117

9 - 6

SITE PLAN SUP-3009-19 N ID 117

REF: SUP-3009-19. . .May 9, 2019

Exhibit “A” Agency Conditions

The following nine (9) conditions are listed by agency of origin. Applicants are encouraged to contact each of the agencies to address compliance with their conditions.

Engineering Services

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

Sewer & Drainage Services

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

3. 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 to the public sewer system if this has not been done in the past (2) two years. An electronic (DVD/memory stick) shall be provided to S&DS demonstrating the lines cleaning and integrity.

Transportation

4. One van accessible parking space with 8' wide aisle required per TMC 1107.

5. All parking spaces required to be a minimum of 9'x18' per TMC 1107.

6. Three bicycle parking spaces required per TMC 1107.

7. Wheel stops required at all parking spaces that are abutting sidewalk and building per TMC 1107 . 8. Existing sign location in parking lot needs to be shown where parking space is not used do to existing sign.

9 - 8 REF: SUP-3009-19. . .May 9, 2019

Exhibit “A” (cont’d) Agency Conditions

Plan Commission (cont’d)

9. 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 Zoning Code. If outstanding issues are found and not addressed the Special Use Permit may be considered for revocation.

10. 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. Major adjustments will require an amendment to the Special Use Permit.

11. No permits shall be issued until arrangements satisfactory to the Director of the Toledo City Plan Commission have been made for compliance with the conditions as set forth above.

9 - 9

BLANK PAGE REF: V-134-19 DATE: May 9, 2019

GENERAL INFORMATION

Subject

Request - Vacate a portion of N. Michigan Street lying between Lot 28, (within Block 148) and Lot 34 (within Block 30) of the North Toledo Plat, and the 13’ alley lying adjacent to Lots 28 & 29 (within Block 148)

Applicant - Jeff Fisher III 3507 Wallace Boulevard Toledo, OH 43611

Owner - Hope Lohmeyer 606 New York Avenue Toledo, OH 43604

Site Description

Zoning - RS6 & IG / Single-Dwelling Residential & General Industrial Area (Total) - ± 0.21 acres Frontage - ± 60’ along New York Avenue Dimensions - ± 160’ x 133’ x 60’ x 120’ x 100’ x 13’ Existing Use - Unimproved dedicated right-of-way Proposed Use - Consolidated land Neighborhood Org. - None Overlay - Monroe Street Corridor UNO District

Area Description

North - Single-dwelling residential / RS6 South - Open storage / IG East - Single-dwelling residential / RS6 West - Vacant industrial building / IG

Parcel History

None on record.

10 -1 REF: V-134-19. . . May 9, 2019

GENERAL INFORMATION (cont’d)

Applicable Regulations

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

STAFF ANALYSIS

The applicant is requesting to Vacate a portion of N. Michigan Street lying between Lot 28, (within Block 148) and Lot 34 (within Block 30) of the North Toledo Plat, and the 13’ alley lying adjacent to Lots 28 & 29 (within Block 148). This portion of N. Michigan Street is currently unimproved and dead ends into a remnant alley. Surrounding land uses include single-family houses across the alley to the north and east, open storage to the south, and a vacant industrial building to the west.

The applicant is requesting the Vacation in order to consolidate the land with the adjacent property at 606 New York Avenue. On 3/19/2019, City Council approved a declaration of intent (Res. 134-19) to Vacate the portion of right-of-way and remaining alley. Staff typically has concerns with vacating streets and alleys. However, this portion of N. Michigan Street is unimproved and the alley has no other access. If approved, the alley will be split between adjoining property owners and the applicant will be entitled to half of the thirteen-foot (13’) alley. As a condition of approval, the Division of Engineering Services is requiring an easement be recorded with the property in order to access the existing sewer in the vacated alley.

The applicant has stated that the site at 606 New York Avenue is used for personal storage. Should the land use change to include storage for others, a Special Use Permit will be required in accordance to TMC§1111.0700 and listed as a condition of approval. Furthermore, a Site Plan Review shall be required for any future developments on the Vacation area in accordance with the provisions of TMC§1111.0800.

Staff recommends approval of the proposed Vacation because this portion of N. Michigan Street with the alley is a dead end and will eliminate unnecessary right-of-way. Additionally, staff recommends approval of the proposed Vacation since it will not impede or restrict access to any adjoining property owners abutting the site.

STAFF RECOMMENDATION

The staff recommends that the Toledo City Plan Commission recommend approval of V- 134-19, the request to Vacate a portion of N. Michigan Street lying between Lot 28, (within Block 148) and Lot 34 (within Block 30) of the North Toledo Plat, and the 13’ alley lying adjacent to Lots 28 & 29 (within Block 148, to Toledo City Council for the following two (2) reasons:

1. The proposed Vacation will not impede or restrict access to any property owners abutting the site; and

10 - 2 REF: V-134-19. . . May 9, 2019

STAFF RECOMMENDATION (cont’d)

2. The proposed Vacation will eliminate unnecessary dedicated right-of-way.

The staff further recommends that the Toledo City Plan Commission recommend approval of V-134-19, the request to Vacate a portion of portion of N. Michigan Street lying between Lot 28, (within Block 148) and Lot 34 (within Block 30) of the North Toledo Plat, and the 13’ alley lying adjacent to Lots 28 & 29 (within Block 148), to Toledo City Council subject to the following eight (8) conditions:

The conditions of approval are as follows and 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, ph. 419-245-1344 Water: Andrea Kroma, ph. 419-936-2163 Stormwater Drainage: Lorie Haslinger, 419-245-3221; Andy Stepnick, 419-245-1338 Sanitary Sewers: Mike Elling, ph. 419-936-2276

2. The authorizing ordinance shall contain the following language which shall be recorded and a notation placed in the remarks section of the County’s real estate records:

“That a full width easement is hereby retained over, across, under and through said vacated area in the alley, for the existing sewer facilities located in said vacated alley, together with any other utilities located therein, as they exist at the time of passage of this Ordinance. All City of Toledo facilities located within said easement are hereby dedicated to the City of Toledo, for City utility use only, to allow for future maintenance, repairs, replacements, etc. and shall not be combined with easements for other utilities. The easement hereby retained by the City of Toledo herein shall be primary in nature to any other utilities located therein, and any easement retained by any other utility as a result of this Ordinance shall be subject first to the easement rights of the City of Toledo. Said easement herein shall be permanent in nature for each utility currently located thereon and shall run with the land. Said easement also includes reasonable rights of ingress and egress over and through the utility easement area for the purpose of operating, maintaining, replacing, repairing and/or constructing any utilities located within the easement. The property owner shall not construct fences, walls or other barriers, nor plant trees or other large vegetation which would impede access onto the easement. No temporary or permanent structure including building foundations, roof overhangs or other barriers denying access, may be constructed on or within the easement. Driveways, parking lots, walkways and other similar improvements are acceptable. The property owner hereby releases the City of Toledo, only, from any liability, responsibility or costs resulting from the City’s removal of any barriers which deny ingress or egress from the easement or which obstruct access to the public utilities located on said property, and the City of Toledo shall have no obligation or duty to restore or compensate the property owner for the removed facilities. Further, any modification and/or release of any easement granted or retained by any utility as a result of this Ordinance shall be obtained by the owner separately from each utility, as to their interest(s) only, by separate, recordable instrument.” 10 - 3 REF: V-134-19. . . May 9, 2019

STAFF RECOMMENDATION (cont’d)

Division of Engineering Services (cont’d)

3. The paper street area shall retain a 20-foot-wide easement along and parallel to lot 28, to allow access to the sewer in the vacated alley.

Lucas County Solid Waste Management District

No comments received at time of print.

Toledo Edison

No comments received at time of print.

Columbia Gas

No comments received at time of print.

Buckeye Telesystems

4. O.R.C. 5553.043 Railroad or public utility company deemed to have permanent easement in vacated portion of road. When any street, highway, or road, or a portion of any street, highway, or road, is vacated pursuant to any section of this chapter or Chapter 5571. of the Revised Code, and the relocation of any conduits, cables, wires, towers, poles, sewer lines, steam lines, pipelines, gas and water lines, tracks, or other equipment or appliances of any electric cooperative, railroad, or public utility, whether owned privately or by any governmental authority, located on, over, or under the portion of the street, highway, or road affected by the vacation, are not required for purposes of the vacating authority, any affected electric cooperative, railroad, or public utility company shall be deemed to have a permanent easement in the vacated portion of the street, highway, or road for the purpose of accessing, maintaining, operating, renewing, reconstructing, and removing those utility facilities . The permanent easement also confers a right of ingress and egress to service and maintain those utility facilities and a right to trim or remove any trees, shrubs, brush, or other obstacles growing in or encroaching onto the permanent easement that may affect the operation, use, or access to those utility facilities. Nothing in this section shall be construed to relieve an owner of the right to mine coal who petitions for a proposed improvement from the obligation to pay the relocation costs and expenses of public utility or electric cooperative facilities as provided in this chapter or Chapter 5571. of the Revised Code. As used in this section, "electric cooperative" has the same meaning as in section 4928.01 of the Revised Code. Effective Date: 10-16-1961; 06-10-2004.

10 - 4 REF: V-134-19. . . May 9, 2019

STAFF RECOMMENDATION (cont’d)

Republic Services

No comments received at time of print.

Fire Prevention

No objections.

Division of Streets Bridges and Harbors

No objections.

AT&T

No comments received at time of print.

Toledo Area Regional Transit Authority

No objections.

Division of Transportation

5. Within the limits allowed by law, the applicant shall indemnify the City of Toledo, its officials, agents or employees, from any and all claims, demands, causes of action, suits or liability in connection with the performance of any and all acts authorized or permitted under this vacation. Said indemnification language shall be contained within and evidenced by the endorsement on a certified copy of the final vacating legislation by the owner which indemnification shall be kept in the permanent file of the Clerk of Council.

Plan Commission

6. A Site Plan Review shall be required for any future developments on the Vacation area in accordance with the provisions of the Toledo Municipal Code Part Eleven, Planning and Zoning, Sec. 1111.0800, Site Plan Review.

7. The applicant has stated that the site at 606 New York Avenue is used for personal storage. Should this be changed to include storage for others, a Special Use Permit will be required.

8. The existing site shall be properly screened with a board-on-board privacy fence that meets the requirements of TMC§1105.0300.

10 - 5 REF: V-134-19. . . May 9, 2019

RIGHT OF WAY VACATION TOLEDO CITY PLAN COMMISSION REF: V-134-19 DATE: May 9, 2019 TIME: 2:00 PM

CITY COUNCIL ZONING AND PLANNING COMMITTEE DATE: June 12, 2019 RS TIME: 4:00 P.M. Two (2) sketches follow

10 - 6 GENERAL LOCATION V-134-19 ID 2

10 - 7 ZONING AND LAND USE V-134-19 ID 2

10 - 8 REF: Z-3007-19 DATE: May 9, 2019

GENERAL INFORMATION

Subject

Request - Zone Change from RD6 Duplex Residential to CS Storefront Commercial

Location - 624 Main Street

Applicant - John Tooson Caregiver Grover Behavioral Health 624 Main Street Toledo, OH 43605

Owner - E&H LOVE LLC 1671 Nebraska Avenue Toledo, OH 43607

Engineer - Bryan Ellis, P.E., P.S. Glass City Engineering & Surveying River Road Maumee, OH 43523

Site Description

Zoning - CS & RD6 / Storefront Commercial & Duplex Residential Area - ± 0.27 acres Frontage - ± 50’ along Main Street ± 50’ along Euclid Avenue Existing Use - Commercial building Proposed Use - Nonresidential Drug & Alcohol Treatment Center Neighborhood Org. - None Overlay - Main Street/ Starr Avenue UNO District

Area Description

North - Main Street, Commercial / CS East - Mixed Commercial Residential / CS South - Day Care Center / RD6 West - Bank, Single-family house, Duplex / CS & RD6

11 - 1

REF: Z-3007-18 . . . May 9, 2019

GENERAL INFORMATION (cont’d)

Parcel History

Z-298-77 - Application for final designation as C-6 district at the Main Street/Starr Avenue Business District (P.C. approved on 10/4/1977, C.C. approved on 11/16/1977 by Ord. 872-77).

M-23-09 - Designation of Main Street / Starr Avenue Urban Neighborhood Overlay (UNO) District (P.C. approved on 1/14/2010, C.C. approved on 3/02/2010 by Ord. 95-10).

SUP-6006-18 - Special Use Permit for a Non-residential Drug & Alcohol Treatment Facility at 624 Main Street (companion case).

Applicable Plans and Regulations

• Toledo Municipal Code Part Eleven: Planning and Zoning • Toledo 20/20 Comprehensive Plan • Main Street/Starr Avenue Urban Neighborhood Overlay District • Storefront Commercial Additional Review Procedures • Connecting the Pieces Plan

STAFF ANALYSIS

The applicant is requesting a Zone Change from RD6 Duplex Residential to CS Storefront Commercial for part of a site located at 624 Main Street. The ±0.27-acre parcel is occupied by a commercial building with frontage along Main Street and Euclid Avenue. The parcel is currently split zoned with CS in the front along Main Street and RD6 in the rear along Euclid Avenue. The area proposed to be rezoned will fully encompass the existing commercial building. Adjacent land uses include the commercial uses along Main Street to the north, mixed commercial residential building to the east, a daycare center to the south, and a duplex residence to the west.

The site is currently occupied by a commercial building that extends outside the CS Storefront Commercial district and into the RD6 Duplex Residential zoning district. The applicant, Caregiver Grove Behavioral Health, intends to occupy the building and operate a Non-residential Drug & Alcohol Treatment Center. A Zone Change is required for this portion of the site because treatment centers are not permitted in the current RD6 zoning district. Non-residential Drug & Alcohol Treatment Centers are only permitted in the CM Mixed-Commercial Residential, CS Storefront Commercial, and CR Regional Commercial zoning districts when a Special Use Permit is obtained. A companion Special Use Permit application (SUP-3008-19) for the Non-residential Drug & Alcohol Treatment Center accompanies this case.

11 - 2

REF: Z-3007-18 . . . May 9, 2019

STAFF ANALYSIS (cont’d)

Toledo 20/20 Comprehensive Plan

Staff recommends approval of the Zone Change for this location because it is compatible with the future land use designation identified in the 20/20 Comprehensive Plan. Additionally, the proposed CS Storefront Commercial zoning is compatible with existing land uses within the general vicinity of the site. Finally, the proposed rezoning is consistent with the current zoning classifications of properties in the immediate area surrounding the site.

STAFF RECOMMENDATION

The staff recommends that the Toledo City Plan Commission recommend approval of Z- 3007-19, a request for Zone Change from RD6 Duplex Residential to CS Storefront Commercial at 624 Main Street, to Toledo City Council for the following three (3) reasons:

1. The proposed CS Commercial Storefront zoning is consistent with the Comprehensive Plan and the stated purpose of this Zoning Code (TMC§1111.0606(A) – Review & Decision- Making Criteria).

2. The proposed CS Commercial Storefront zoning is compatible with existing land uses within the general vicinity of the site (TMC§1111.0606(B) – Review & Decision-Making Criteria); and

3. The proposed CS Commercial Storefront zoning is consistent with the zoning classifications of properties within the general vicinity of the site (TMC§1111.0606(C) – Review & Decision-Making Criteria).

ZONE CHANGE TOLEDO CITY PLAN COMMISSION REF: Z-3007-19 DATE: May 9, 2019 TIME: 2:00 P.M.

CITY COUNCIL ZONING AND PLANNING COMMITTEE DATE: June 12, 2019 TIME: 4:00 P.M. RS Two (2) sketches follow 11 - 3

GENERAL LOCATION Z-3007-19 ID 28

11 - 4 ZONING AND LAND USE Z-3007-19 ID 28

11 - 5

BLANK PAGE

REF: SUP-3008-19 DATE: May 9, 2019

GENERAL INFORMATION

Subject

Request - Special Use Permit for a Nonresidential Drug & Alcohol Treatment Center

Location - 624 Main Street

Applicant - John Tooson Caregiver Grover Behavioral Health 624 Main Street Toledo, OH 43605

Owner - E&H LOVE LLC 1671 Nebraska Avenue Toledo, OH 43607

Engineer - Bryan Ellis, P.E., P.S. Glass City Engineering & Surveying River Road Maumee, OH 43523

Site Description

Zoning - CS & RD6 / Storefront Commercial & Duplex Residential Area - ± 0.27 acres Frontage - ± 50’ along Main Street ± 50’ along Euclid Avenue Existing Use - Commercial building Proposed Use - Nonresidential Drug & Alcohol Treatment Center Required Parking - 25 spaces Proposed Parking - 5 shared parking spaces Neighborhood Org. - None Overlay - Main Street/ Starr Avenue UNO District

Area Description

North - Main Street, Commercial / CS East - Mixed Commercial Residential / CS South - Day Care Center / RD6 West - Bank, Single-family house, Duplex / CS & RD6 12 - 1

REF: SUP-3008-19… May 9, 2019

GENERAL INFORMATION (cont’d)

Parcel History

Z-298-77 - Application for final designation as C-6 district at the Main Street/Starr Avenue Business District (P.C. approved on 10/4/1977, C.C. approved on 11/16/1977 by Ord. 872-77).

M-23-09 - Designation of Main Street / Starr Avenue Urban Neighborhood Overlay (UNO) District (P.C. approved on 1/14/2010, C.C. approved on 3/02/2010 by Ord. 95-10).

Z-3007-19 - Zone Change from RD6 Duplex Residential to CS Storefront Commercial for 624 Main Street (companion case).

Applicable Plans and Regulations

• Toledo Municipal Code Part Eleven: Planning and Zoning • Toledo 20/20 Comprehensive Plan • Main Street/Starr Avenue Urban Neighborhood Overlay (UNO) District • Storefront Commercial Additional Review Procedures • Connecting the Pieces Plan

STAFF ANALYSIS

The applicant, Caregiver Grove Behavioral Health, is requesting a Special Use Permit to operate a Nonresidential Drug & Alcohol Treatment Center at 624 Main Street. The ±0.27-acre parcel is currently split zoned with CS in the front along Main Street and RD6 in the rear along Euclid Avenue. The property is occupied by an existing commercial building in the front with an outdoor playground area in the rear for the daycare center at 631 Euclid Avenue. A companion zone change (Z-3007-19) accompanies this case for part of the site that is zoned RD6 Duplex Residential, which doesn’t allow for the Nonresidential Drug & Alcohol Treatment Center. Adjacent land uses include the commercial uses along Main Street to the north, mixed commercial residential building to the east, a daycare center to the south, and a duplex residence to the west.

The applicant is intending to operate a Nonresidential Drug & Alcohol Treatment Center that will provide services including assessment, counseling, psychiatric support, treatment, substance abuse disorder, intensive outpatient and school based programs. All assistance will be outpatient with no overnight stays. Additionally, there will not be any medications prescribed or administered at the site.

12 - 2

REF: SUP-3008-19… May 9, 2019

STAFF ANALYSIS (cont’d)

The applicant has submitted a letter of support from the President of the abutting daycare center, “Educare Academy”, in favor of the proposed treatment center. The letter indicates the potential for collaborating with the daycare center to direct additional funds for programs and services that serve the entire community.

Use Regulations

As stated in TMC§1104.1001, Group Living facilities, Type A Family Day Care Homes and Nonresidential Drug & Alcohol Centers must be at least 500 feet from any other Group Living facility, Type A Family Day Care Home, and Nonresidential Drug & Alcohol Center. Records maintained by the Plan Commission staff indicate there is an existing Nonresidential Drug & Alcohol Treatment Center within 500 feet of the subject site. Talbot Clinical Services is a residential and non-residential drug & alcohol treatment center located at 727-735 Euclid Avenue & 732 Main Street. Therefore, the proposed location is in violation of the spacing requirement use regulation. The applicant shall obtain a waiver to TMC§1104.1001 in order to locate at the proposed location and listed as a condition in Exhibit “A”.

Parking and Circulation

The site is currently accessed via one (1) curb cut from Euclid Avenue to the west. Pursuant to TMC§1107.0304, Nonresidential Drug & Alcohol Treatment Centers require a minimum of one (1) off-street parking space per three-hundred (300) square feet of floor area and one (1) bicycle slot per ten (10) parking spaces. Calculations using the 7,400 square foot building requires a minimum of twenty-five (25) parking spaces and three (3) bicycle slots. One (1) of these parking spaces shall adhere to accessible parking for physically disabled persons per TMC§1107.1700.

In lieu of complying with the minimum standards of Schedule A, an applicant may request approval of an Alternative Parking Plan. As stated in TMC§1107.1400, the Planning Director is authorized to approve alternative parking plans that meet minimum vehicle parking and transportation access needs by means other than providing parking spaces on-site in accordance in TMC§1107.0300 – Parking Schedule A.

The site plan depicts five (5) shared parking spaces in the parking lot adjacent to the site. The proposed shared parking does not meet the minimum number of off-street parking spaces required. Additionally, the off-site parking spaces and reduction in minimum spaces will require a shared parking agreement to be established with the adjacent property owner(s) or the submission of an alternative parking plan. If approved, a shared parking agreement and/or alternative parking plan shall be submitted to the Planning Director to satisfy the off-street parking requirements and listed as a condition in Exhibit “A”.

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REF: SUP-3008-19… May 9, 2019

STAFF ANALYSIS (cont’d)

Landscaping

The site was developed before the 2004 zoning code and therefore not required to completely comply with the landscape standards of the 2004 code. However, TMC§1114.0500 requires futures changes to bring a site closer into compliance with the 2004 code. The site plan submitted did not depict any landscaping on the property. In fact, few opportunities exist to install landscaping due to the high amount of building coverage on the site. If the site is modified in the future, the Site Plan Review shall also include the review of landscape design elements and conformance with the Urban Commercial Landscape Standards of TMC§1108.0300.

Main Street/ Starr Avenue Urban Neighborhood Overlay

The property is located within the Main Street/ Starr Avenue Urban Neighborhood Overlay (UNO) which was developed in 2010 to replace the River East Land Development Standards. The UNO district is intended to foster development and redevelopment that is compatible with the scale and physical character of original buildings in an area through the use of development and design standards specific to the area. Per the procedures for the Main Street/ Starr Avenue UNO Regulations, the Planning Director reviews any proposed physical changes to structures and public space within the UNO. The standards of the Main Street/ Starr Avenue UNO apply to any physical change of a building or addition that increases the floor area by more than ten percent (10%). The UNO standards also apply to the construction of any off-street parking spaces and driveways. In the event the property is modified by any physical changes, including any off-street parking spaces and driveways proposed on site, then there will be a separate review and approval required by the Planning Director.

Toledo 20/20 Comprehensive Plan

The Toledo 20/20 Comprehensive Plan targets the entire site for Neighborhood Commercial land uses. CN land uses typically include predominantly small and medium scale commercial uses that serve neighborhoods although it may include small and medium scale office and mixed uses. The proposed use is consistent with the Neighborhood Commercial future land use designation. However, the site is in violation of the spacing requirements outlined in TMC§1104.1001. Therefore, staff recommends disapproval of the Special Use Permit since the proposed use does not comply with all applicable provisions of the Zoning Code.

STAFF RECOMMENDATION

The staff recommends that the Toledo City Plan Commission recommend disapproval of SUP-3008-19, a request for a Special Use Permit for a Nonresidential Drug & Alcohol Treatment Center at 624 Main Street, to Toledo City Council for the following two (2) reasons:

1. The proposed use violates the spacing requirements as stated in TMC§1104.1001; and

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REF: SUP-3008-19… May 9, 2019

STAFF RECOMMENDATION (cont’d)

2. The proposed use does not comply with all applicable provisions of this Zoning Code (TMC§1111.0706(B) – Review & Decision-Making Criteria).

The staff recommends that the Toledo City Plan Commission make the following recommendations to the Toledo City Council on the waiver requested for the Nonresidential Drug & Alcohol Treatment Center at 624 Main Street:

Chapter 1104 Use Regulations

Sec. 1104.1001 – Group Living and Day Care – Spacing Group Living facilities, Type A Family Day Care Home and Nonresidential Drug & Alcohol Treatment Centers that are subject to this spacing requirement Section in the Use Table of Sec. 1104.0100, must be at least 500 feet from a site with any other Group Living facility, Type A Family Day Care Home, and Nonresidential Drug & Alcohol Treatment Center that is also subject to this spacing requirement.

Disapprove a waiver to allow a Nonresidential Drug & Alcohol Treatment Center to be located within 500 feet from another Nonresidential Drug & Alcohol Treatment Center.

Although staff is recommending disapproval, conditions of approval are included and listed by agency of origin as Exhibit “A” for informational purposes.

SPECIAL USE PERMIT TOLEDO CITY PLAN COMMISSION REF: SUP-3008-19 DATE: May 9, 2019 TIME: 2:00 P.M.

CITY COUNCIL ZONING AND PLANNING COMMITTEE DATE: June 12, 2019 TIME: 4:00 P.M. RS Three (3) sketches follow

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GENERAL LOCATION SUP-3008-19 ID 28

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ZONING AND LAND USE SUP-3008-19 ID 28

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SITE PLAN SUP-3008-19 N ID 28

REF: SUP-3008-19… May 9, 2019

EXHIBIT “A” Review Agency Conditions

The following thirteen (13) 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

No comments at time of print.

Sewer and Drainage Services

No comments at time of print.

Division of Environmental Services

No comments at time of print.

Fire Prevention

No comments at time of print.

Division of Transportation

No comments at time of print.

Plan Commission

1. The approval of the Special Use Permit is subject to the approval of the companion Zone Change (Z-3007-18) from RD6 Duplex Residential to CS Storefront Commercial, which allows for the Nonresidential Drug & Alcohol Treatment Center.

2. Applicant shall obtain a waiver of TMC§1104.1001 - Group Living and Day Care Spacing, the required 500 feet from a site of any other Group Living facilities, Type A Family Day Care Home and Nonresidential Drug and Alcohol Center.

3. An Alternative Access and Parking Plan, in accordance with TMC§1107.1400, shall be submitted to the Planning Director to justify the absence of the required off-street parking spaces and any off-site parking agreements.

4. All spaces reserved for the use by persons with physical disabilities shall adhere to the standards outlined in TMC§1107.1700; not acceptable, accessible parking shall be provided and depicted on a revised site plan.

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REF: SUP-3008-19… May 9, 2019

EXHIBIT “A” (cont’d)

Plan Commission (cont’d)

5. Bicycle parking slots shall be provided pursuant to Off-Street Parking Schedule “A” (TMC§1107.0300). A minimum of three (3) bicycle spaces shall be provided and depicted on a revised site plan.

6. Pursuant to TMC§1103.13000, if the property is modified by any physical changes, including any off-street parking spaces and driveways, then there shall be a separate review and approval by the Planning Director. Including conformance with the Urban Commercial Landscape Standards of TMC§1108.0300.

7. Dumpster location(s) shall be clearly defined, have a concrete pad and be surrounded by a solid wooden fence or a masonry screen enclosure with landscaping and shall not be located in any required setbacks or the public right-of-way as stated in TMC§1361.10(b)(10) of the Building Code (if applicable).

8. 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 or to a stormwater treatment facility subject to the regulations approval of the Department of Public Utilities (TMC§1107.1906).

9. No new free-standing signs greater than forty-two inches (42”) from grade are permitted – any proposed signage must meet the requirements of low-profile signs per Toledo Municipal Code Title Nine – Sign Code.

10. 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.

11. Approval of the Special Use Permit will lapse after one (1) year if the criteria listed in TMC§1111.0707 have not been met.

12. 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.

13. 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.

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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 CHRISTINE CUNNINGHAM ONE GOVERNMENT CENTER ONE GOVERNMENT CENTER ENGINEERING SERVICES SUITE 1620 SUITE 1600 6099 ANGOLA RD. TOLEDO, OH 43604 TOLEDO, OH 43604 HOLLAND, OH 43528 419-245-1200 419-245-1220 419-249-5440

DIVISION OF WATER DISTRIBUTION DIVISION OF FORESTRY UNITED STATES POST OFFICE 401 S. ERIE STREET COMMISSIONER POSTMASTER TOLEDO, OH 43604 2201 OTTAWA PARKWAY 435 S. ST. CLAIR STREET 419-936-2826 TOLEDO, OH 43606 TOLEDO, OH 43601 419-936-2326 419-245-6802

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

DIVISION OF TRANSPORTATION DIVISION OF LUCAS COUNTY ENGINEER COMMISSIONER ENGINEERING SERVICES KEITH EARLEY 110 N. WESTWOOD COMMISSIONER 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

SERVICE DEPARTMENT COLUMBIA GAS COMPANY LUCAS COUNTY EDWARD MOORE, DIRECTOR TONY BUCKLEY SANITARY ENGINEER 110 N. WESTWOOD FIELD ENGINEER TECHNICIAN JIM SHAW TOLEDO, OH 43607 2901 E. MANHATTAN BLVD 111 S. McCORD ROAD 419-245-1835 TOLEDO, OH 43611 HOLLAND, OH 43528 419-539-6078 419-213-2926

TOLEDO-LUCAS COUNTY A T & T BUCKEYE CABLESYSTEM, INC. HEALTH DEPT. ATTN: DESIGN MANAGER MANAGER GARY KASUBSKI LANA GLORE, ENV. HEALTH SERV. 130 N. ERIE, ROOM 714 4818 ANGOLA ROAD 635 N. ERIE STREET ROOM 352 TOLEDO, OH 43604 TOLEDO, OH 43615 TOLEDO, OH 43604 419-245-6568 419-724-3821 419-213-4209

VERIZON WATERVILLE GAS OHIO GAS BRAD SNYDER JAMIE BLACK MIKE CREAGER 300 W. GYPSY LANE PO BOX 259 13630 AIRPORT HWY. BOWLING GREEN, OH 43402 WATERVILLE, OH 43566 SWANTON, OH 43558 419-354-9452 419-878-4972 419-636-1117

TIME WARNER EMBARQ CENTURYLINK RAY MAURER 117 E. CLINTON STREET TIM R. TAYLOR 3760 INTERCHANGE ROAD NAPOLEON, OH 43545 375 E. RIVERVIEW AVE. COLUMBUS, OH 43204 419-599-4030 NAPOLEON, OH 43502 614-481-5262

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