TOLEDO CITY PLAN COMMISSION REPORT July 11, 2019

TOLEDO CITY

PLAN COMMISSION REPORT

July 11, 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)

MIKE PNIEWSKI

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

July 11, 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. Z-4003-19: Zone Change from CR-SO to IL at 2040 S. Reynolds Road (rs)

2. M-7-19: 2020 Art in Public Places Plan (ml)

3. M-1-18: Modifications to Land Development Standards and Guidelines for VIVA South Neighborhood (mm)

4. SUP-12004-18: Special Use Permit for Community Recreation – Active, for Soccer and Lacrosse Fields at 4164 Dorr Street (rs)

5. Z-5004-19: Zone Change from IL, IG and RD6 to POS at a site generally bounded by Bassett Street, Chase Street, Suder Avenue, CSX RR, and New York Avenue, for the Manhattan Marsh Metropark (dd)

6. Z-5005-19: Zone Change from IL and RD6 to POS at 123 Alpina Street, 708 Adrian Street, 917 Pontiac Street, 3084, 3092, 3100 and 3336 Edison Street, and 3120, 3130, 3136 and 3146 Joseph Street (dd) i 7. Z-5007-19: Zone Change from RS6 to CO at 10 Larc Lane, 2145 and 2146 Garden Lake Drive, 1154 and 1155 Larc Lane and 2170 Aberdeen Avenue (dd)

8. Z-5008-19: Zone Change from IL to CD at 436 13th Street and 435 12th Street (jl)

9. SUP-5006-19: Special Use Permit for School at 874 Orchard Street (ml)

10. SUP-5003-19: Special Use Permit for Residential Drug and Alcohol Facility at 3132 Secor Road (ml)

11. Z-5010-19: Zone Change from CR and RM36 to CM at 1119 N. Summit Street, 316 Elm Street, and 1116 N. Superior Street (dd)

12. SUP-10010-13: Revocation of Special Use Permit for Used Auto Sales Facility at 4154, 4158 and 4160 Monroe Street (bh)

ii REF: Z-4003-19 DATE: July 11, 2019

GENERAL INFORMATION

Subject

Request - Zone Change from CR-SO Regional Commercial Shopping Center Sign Control Overlay to IL Limited Industrial

Location - 2040 S. Reynolds Road

Applicant - City of Toledo Dept. of Economic & Business Development One Government Center, Suite 2200 Toledo, OH 43604

Site Description

Zoning - CR-SO / Regional Commercial Shopping Center Sign Control Overlay Area - ± 58-acres Frontage - ± 1,000’ along Reynolds Road ± 5,000’ along Southwyck Boulevard Existing Use - Vacant commercial land Proposed Use - Marketable industrial land Neighborhood Org. - Ragan Woods/Hawthorne Hills Neighborhood Assoc. Overlay - None

Area Description

North - Office commercial / CO East - Reynolds Road, commercial & retail / CR South - Office commercial / CO West - Office commercial / CO

Combined Parcel History

Z-39-63 - Zone Change from R-A to C-3, located at the west side of Reynolds Road, north of Ryan Road (P.C. approved on 3/14/1963, C.C. approved on 4/15/1963 by Ord. 211-63).

S-9-68 - Preliminary Drawing of Hawthorne Hills, located at the NW corner of Heatherdowns Blvd. & Reynolds Road (P.C. approved on 7/11/1968). 1 - 1 REF: Z-4003-19 . . . July 11, 2019

GENERAL INFORMATION (cont’d)

Combined Parcel History (cont’d)

Z-117-68 - Zone Change from R-A, R-1, and C-3 to R-B, R-3, R-4, C-2, C-3 and C-4, located at the NW corner of Heatherdowns Blvd. & Reynolds Road (P.C. approved on 7/11/1968).

V-225-68 - Vacate a portion of Ryan Road between Reynolds Road, West to N/S centerline of Sec. 23, Town 2 (P.C. approved on 9/5/1968, C.C. approved by Ord. 948-68).

S-1-69 - Preliminary Drawing of Hawthorne Hills, located at the NW corner of Heatherdowns Blvd. & Reynolds Road (P.C. approved on 2/27/1969).

S-1-69 - Final Plat of Hawthorne Hills, located at the NW corner of Heatherdowns Blvd. & Reynolds Road (P.C. approved on 5/14/1970).

S-1-69 - Amendment to Commercial Plat for Hawthorne Hills Lot 2 at 5333 Southwyck Blvd. (P.C. approved on 11/18/1999).

S-1-69 - Amendment to Commercial Plat for Hawthorne Hills Lot 21 at 5333 Southwyck Blvd. (P.C. approved on 1/18/2000).

Z-16-69 - Zone Change from R-A, R-1, and C-3 to C-4, west side of Reynolds Road & north of Heatherdowns Blvd. (P.C. approved on 3/27/1969, C.C. approved on 4/21/1969 by Ord. 292-69). Case number used subsequently for site plans and sign approvals.

Z-11-79 - Amendment to C-4 Shopping Center to permit a drive-up restaurant, west side of Reynolds Road & Southwyck Blvd. (P.C. approved on 2/8/1979, C.C. approved on 2/27/1979 by Ord. 129-79).

D-4-82 - Minor change to C-4 Site Plan for Southwyck Shopping Center to permit remodeling of drive-up restaurant, west side of Reynolds Road & south of Southwyck Blvd. (P.C. approved on 6/17/1982, C.C. approved on 7/6/1982 by Ord. 397-82). 1 - 2 REF: Z-4003-19 . . . July 11, 2019

GENERAL INFORMATION (cont’d)

Applicable Plans and Regulations

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

STAFF ANALYSIS

This case was reviewed at the June 13, 2019 Toledo City Plan Commission hearing but failed on the motion due to a lack of majority amongst the quorum. The City of Toledo Department of Economic & Business Development is requesting a Zone Change from CR-SO Regional Commercial Shopping Center Sign Control Overlay to IL Limited Industrial at 2040 S. Reynolds Road. The ± 58-acre site is located at the northwest corner of Reynolds Road and Southwyck Boulevard. The site was previously occupied by the former Southwyck Mall, which has since been demolished and removed from the site. Surrounding land uses include commercial office buildings to the north, south and west across Southwyck Boulevard and commercial businesses across Reynolds Road to the east.

The City is requesting the Zone Change in order to market the property for a Wholesale, Storage and Distribution facility. A Zone Change is required because Wholesale, Storage and Distribution facilities are only permitted in the CD Downtown Commercial, IL Limited Industrial, IG General Industrial and IP Planned Industrial zoning districts. The Limited Industrial zoning district will control any potential negative effects on the surrounding residential and commercial land uses through the Site Plan Review process. Additionally, the IL Limited Industrial zoning district will provide amble space for a transition of light industrial operations between the CR Regional Commercial zoning to the east along Reynolds Road and the CO Office Commercial zoning to the west.

The existing Shopping Center Sign Control Overlay (-SO) district is remaining from when the shopping mall occupied the site. The intent of the –SO district is to create a consolidated uniform sign plan used by tenants within the shopping center. Without the shopping mall and any commercial activity on the site, the –SO district has become obsolete. Staff is supportive of eliminating the –SO district due to the lack of commercial development on the site.

1 - 3 REF: Z-4003-19 . . . July 11, 2019

STAFF ANALYSIS (cont’d)

Southwyck Mall

Opened in 1972, the Southwyck Mall was constructed as an 878,000 sq. ft. single-story shopping mall. Due to a decline in the economy in the early 2000’s and an increase of online shopping, the decline of retail shopping malls across the country has increased. Upon closing, the mall was demolished in 2009 and the entire site was cleared. The site has sat vacant for the past ten (10) years with the City of Toledo taking control of the property in December 2014. Over the past five (5) years, the City has marketed the property for multiple commercial and mixed-use development opportunities. However, there has been diminutive interest from the development community. Instead, due to a shift in the retail economy and delivery industry, more shipping and distribution facilities, known as “Last Mile Delivery” companies, are needed to deliver goods to customers.

Toledo 20/20 Comprehensive Plan

The Toledo 20/20 Comprehensive Plan targets this site for Regional Commercial land uses. The intent of the Regional Commercial future land use designation is to accommodate auto- oriented commercial development in areas already built in the same manner and to accommodate community and regional-oriented commercial uses. The proposed Zone Change does not conform to the future land use designation identified in the 20/20 Comprehensive Plan. However, a Wholesale, Storage and Distribution facility is not particularly an employment-intensive operation. Therefore, the proposed land use is consistent since the Limited Industrial district is intended to accommodate uses that are compatible with commercial and residential land uses.

Staff recommends approval of the request because the proposed zoning is compatible with the adjacent commercial land uses and zoning classifications identified in the Toledo 20/20 Comprehensive Plan. The proposed rezoning will allow for the vacant shopping mall site to be marketed for redevelopment as Wholesale, Storage and Distribution. Additionally, any potential negative effects on surrounding residential and commercial land uses will be mitigated through the installation of landscaping buffers required by the Site Plan Review process. Finally, the proposed zone change will provide an appropriate transition from the CR Regional Commercial zoning to the east along Reynolds Road and the CO Office Commercial zoning along Southwyck Boulevard to the west.

If the property is redeveloped in the future, a Major Site Plan Review shall be required in accordance with the provisions of TMC§1111.0800.

1 - 4 REF: Z-4003-19 . . . July 11, 2019

STAFF RECOMMENDATION

The staff recommends that the Toledo City Plan Commission recommend approval of Z- 4003-19, a request for Zone Change from CR-SO Regional Commercial Shopping Center Sign Control Overlay to IL Limited Industrial at 2040 S. Reynolds Road, to Toledo City Council for the following three (3) reasons:

1. The proposed IL Limited Industrial 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 IL Limited Industrial 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 physical suitability of the subject property for the uses permitted under the proposed IL Limited Industrial zoning classifications (TMC§1111.0606(D) – Review & Decision- Making Criteria).

ZONE CHANGE TOLEDO CITY PLAN COMMISSION REF: Z-3007-19 DATE: July 11, 2019 TIME: 2:00 P.M.

CITY COUNCIL ZONING AND PLANNING COMMITTEE DATE: August 14, 2019 TIME: 4:00 P.M. RS Two (2) sketches follow

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GENERAL LOCATION Z-4003-19 ID 148

1 - 6

ZONING AND LAND USE Z-4003-19 ID 148

1 - 7

BLANK PAGE

REF: M-7-19 DATE: July 11, 2019

GENERAL INFORMATION

Subject

Request - Review of the 20/20 Art in Public Places Plan

Applicant - Arts Commission of Greater Toledo 1838 Parkwood Avenue Suite 120 Toledo, OH 43624

Applicable Plans and Regulations

• 1995 Public Art Master Plan “artoledo”

• 2018 Toledo Municipal Arts Plan

• Art in Public Places Program, TMC§167.06(a)(8): “Municipal Art Plan” means a prioritized list of art projects, developed annually by the Art in Public Places Committee, with budgets and recommended design approached, approved by the Arts Commission and subsequently by the Toledo City Plan Commission.

• Chapter X, Section 190 of the Toledo City Charter: The Toledo City Plan Commission shall have the power to control the design and location of works of art, which are, or may become, the property of the City.

STAFF ANALYSIS

The applicant is requesting approval of the 2019 Toledo Municipal Art Plan (see exhibit A) for the Art in Public Places Program. This annual plan is a prioritized list of projects with budgets, implementing the 1995 Public Art Master Plan for the City of Toledo. This submission fulfills the provisions of the Toledo City Charter, requiring the Toledo City Plan Commission to review the placement of public art.

The Art in Public Places Program includes three elements: acquisition of new works of art, restoration and conservation of the existing collection, and the establishment of education programs and activities. The Plan also details additional projects. The Arts Commission has budgeted $76,464 for new acquisitions, $52,541 for maintenance and conservation, $12,541 for education and outreach programs, and $96,000 for administration costs. The total budget for 2019 is $237,546 funded by the “one percent for the arts” allocation from the 2018 Capital Improvement Program.

2 - 1 REF: M-7-19 … July 11, 2019 STAFF ANALYSIS (cont’d)

Acquisition of New Works of Art:

The Arts in Public Places program has budgeted $76,464 for the acquisition of new works of art. Six (6) projects are discussed in the 2019 Toledo Municipal Art Plan. One (1) project is recently completed, and two (2) projects are underway. Additionally, the Art in Public Buildings initiative includes three (3) projects. Details of the projects are summarized below and are as follows:

Recently Completed

Anthony Wayne Trail Gateway Project In fall of 2018, Art in Public Places, in partnership with City of Toledo Engineering Services and the Ohio Department of Transportation, completed the largest public art installation in the history of the program. The project was dedicated in October, 2018. Additional lighting is planned for the sculpture in 2019.

Projects Underway

Close Park (Ongoing) Close Park, located across from Blessed Sacrament School in West Toledo, was identified as a site for new public art project for 2019. A request for qualifications was sent out in January 2018 resulting in over sixty artists responding. Minneapolis artist, Randy Walker’s proposal was selected. The proposal is entitled “Close, Closer, Closest” and features 400 painted colorful steel poles representing each house in the immediate neighborhood. The poles will stand in a small garden and vary in height and color. Community engagement is scheduled to take place this summer with installations scheduled for August of 2019.

INTER/ACTIVE (Completed) In March of 2019, a Request for Proposals was published for two new interactive public art projects for this year’s Momentum Festival, taking place September 19-21, 2019. Last year’s projects included a participatory puppet parade, group music composition, and a sculpture project that explores the diversity of families. These projects are community- driven, collaborative works of art that are accessible to the public and civic in scope. An additional four INNER/ACTIVE projects are planned for 2020.

Art in Public Buildings

Mayor’s Office Art Displays In late 2018, the Art in Public Places – Art in Public Buildings Committee worked with local artist, gallery owner and curator, Nikki Eggerstorfer, to select artwork for areas of the Mayor’s office. Nikki selected a diverse variety of work from local artists that reflect our creative community. The next installation is planned for mid-2019.

2 - 2

REF: M-7-19 … July 11, 2019 STAFF ANALYSIS (cont’d) Art in Public Buildings (cont’d)

Historical City Documents Display The City of Toledo recently moved a huge archive of historic documents from a storage space in the Safety Building to One Government Center. Art in Public Places worked with the Canaday Center of the University of Toledo to identify a number of significant documents including the original City charter, the City flag charter, log books and other documents of historical significance and aesthetic interest. Art in Public Places then worked with Council Clerk, Julie Gibbons, to select ten images to be enlarged, framed, and installed in City Council Chambers. The images were displayed in the lobby outside of City Council for a few months. They were recently installed on the back wall of Council Chambers.

Art in Public Buildings Audit An audit of the Art in Public Buildings collection is planned for the summer of 2019. The goal is to document the location and condition of each piece in the collection and to identify opportunities for new work to be displayed.

Maintenance and Conservation:

The Arts in Public Places program has budgeted $52,541 for the maintenance and conservation of works of art. Four (4) projects are discussed in the 2019 Toledo Municipal Art Plan. Two (2) projects were completed in 2018 and are being restored / repainted. The other two (2) projects are underway in 2019. Details of the projects are summarized below and are as follows:

Completed in 2018

Major Ritual and City Candy Painting Projects Major Ritual is a sculpture by artist Beverly Pepper. The recently relocated sculpture was repaired and repainted, restoring the piece to its original vibrant orange color.

City Candy, the iconic red and white two-story sculpture at the Vistula parking garage was repainted in August of 2018.

Underway in 2019

Bronze Repair and Restoration Projects A detailed assessment of all bronze pieces in the collection is planned for the spring of 2019. Repairs are planned for The Family at Festival Park with a handful of additional works to undergo extensive cleaning and a potential re-patina of the surfaces (a process that creates color in the surface of bronze.)

Washing and Waxing / General Maintenance 2019 conservation activity includes the routine washing, waxing, and general maintenance on sixteen (16) public art works.

2 - 3 REF: M-7-19 … July 11, 2019

STAFF ANALYSIS (cont’d)

Education Programs / Activities:

The Arts in Public Places program has budgeted $12,541 for Education Programs and Activities. Four (4) activities are discussed in the 2019 Toledo Municipal Art Plan. One (1) project has been completed. One (1) project is continuing in 2019, and three (3) projects are ongoing annual activities. Details of the projects are summarized below and are as follows:

Completed in 2019

Video Work In 2018, Art in Public Places contracted with Hanson Inc. to create a short film that celebrated the Art in Public Places program. Completed in September of 2018, the seven-minute piece discusses the history of the Public Art program, the precedent it set for the State of Ohio, and its significance for the City of Toledo – all accompanied with beautifully shot footage of sculptures in the Art in Public Places collection. A plan is underway to replace the current content on the City Council digital display with this new piece, accompanied with sub titles.

Continuing in 2019

Photography and New Public Art Brochure Art in Public Places continues the effort to photograph the entire public art collection through 2019. The new photos will be used for a variety of purposed including The Arts Commission website and other marketing and education efforts. The photos will also be used for a new Art in Public Places brochure. As the world moves to more digital content, the need for a physical, take-away type of brochure remains a common request from educators and other community members that have interest in the collection but are not technologically savvy. Planning for a new public art brochure is underway.

Ongoing

ABC’s of Public Art The ABC’s of Public Art publication was printed in June of 2012 and will continue to be distributed to parents, mentors, schools and literacy programs. It features 28 works from the City’s One Percent for Art program along with ten works from other publicly accessible collections in the City of Toledo. Over 8,500 books have been distributed to local schools, libraries, early childhood health and literacy programs and home schoolers. An online version can be found on the Arts Commission’s website; www.theartscommission.org/publicart

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REF: M-7-19 … July 11, 2019

STAFF ANALYSIS (cont’d)

Americans for the Arts As a member of the Americans for the Arts Public Art network, the Arts Commission has a direct link to hundreds of public art administrators, publications, and artists from across the country and around the world. The Arts Commission has sent staff members to the Americans for the Arts National Conference since 2003. The conference presents essential information on developing concepts and innovation in the field of public art and provides opportunities to network with artists and public art administrators from around the country.

Administrative:

The Arts in Public Spaces program has budgeted $96,000 for staff expenses, overhead, and other operating costs associated with the operation of the Art in Public Places program.

Additional Community Projects and Partnership:

A total of six (6) additional projects were coordinated by Art in Public places but are not funded through the One Percent For Art Program. Two (2) projects were recently completed, three (3) projects are underway, and the City of Toledo Mural Ordinance is ongoing.

Recently Completed

Veteran’s Glass City Skyway Lighting Project The Arts Commission worked with the Ohio Department of Transportation and lighting contractors HLB to commission lighting sequences from local artists to be added to the schedule of the newly upgraded lighting system on the Veteran’s Glass City Skyway. All of the selected artists are local to Toledo and include Brien Strancar, Natalie Lenese, Gail Christofferon, Imani Lateef, Yusuf Lateef, and Anthony McCarty. Twelve local designs were developed for the bridge. The designs rotate nightly with special shows for patriotic holidays, highway safety week, and other days of significance.

Dazzle Colonnade In June of 2018, ProMedica enlisted the help of Art in Public Places to commission a large scale mural for the lower level of the parking garage located at Promenade Park. Local artist, Natalie Lanese, was selected for the project. The mural, entitled Dazzle Colonnade, is 200 feet long and employs the concept of “dazzle camouflage” a technique used in WWI to camouflage ships prior to the advent of radar. This was Natalie Lanese’s first major public art landscape. A dedication took place on February 22nd as part of ProMedica’s Fire and Ice Festival. It was well attended and speakers included The Arts Commission Director Marc Folk, Robin Whitney of ProMedica, and City of Toledo Mayor Kapszukiewicz.

2 - 5 REF: M-7-19 … July 11, 2019 STAFF ANALYSIS (cont’d)

Projects Underway

Roundabout Public Art The Art in Public Places Program is working on with the foundation of Mercy Health Systems to commission public art work for the roundabout located at the Cherry Street and Manhattan Boulevard intersection. Art in Public Places has agreed to coordinate the project and fund the design phase while Mercy will fund the commission of the sculpture including installation.

Anthony Wayne Bridge Lighting Project In 2016, local arts advocate and Art in Public Places Committee member Susan Reams approached the Arts Commission to pursue a lighting design project for The Anthony Wayne Bridge. Funded by the One Percent for Arts Program, the design of the system was created by local light-based artist Erwin Redl. Mrs. Reams successfully raised $300,000 from private and public sources to fund the fully programmable lighting system. Installation of the system is underway and the official re-lighting of the Anthony Wayne Bridge is scheduled for the 4th of July, 2019.

Reynolds Road Gateway Project A committee, coordinated by Art in Public Places, is working with the City of Toledo Engineering Services to commission a gateway piece for Reynolds Road, just north of the Turnpike. Led by The Edge Group, the selected design team for the project includes Graphite Design + Build, MEP Graphic Design and Engineer Richard McGucken. Final submittals were due in May with Stage One Submittals due to ODOT by July 31. Total potential budge for the project is $180,000, which was earmarked by the City from ODOT funds for the Reynolds corridor.

City of Toledo Mural Ordinance

The City of Toledo is home to a variety of murals, which have been created by artists from diverse cultural traditions and backgrounds. These murals improve the aesthetic impact of the city and play an important role in defining our cultural identity by creating a sense of biography for the residents. The Arts Commission encourages this activity and seeks to further promote mural making in the City of Toledo through facilitating Toledo’s Mural Ordinance.

STAFF RECOMMENDATION

The staff recommends that the Toledo City Plan Commission recommend approval of M- 7-19, Review of the 20/20 Art in Public Places Plan, to Toledo City Council for the following one (1) reason:

1. The proposed plan is in conformance with the 1995 Public Art Master Plan “artoledo.”

2 - 6 REF: M-7-19 … July 11, 2019 STAFF RECOMMENDATION (cont’d)

MUNICIPAL ART PLAN TOLEDO CITY PLANNING COMMISSION REF: M-7-19 DATE: July 11, 2019 TIME: 2:00 P.M.

ML One (1) Exhibit follows

2 - 7 Exhibit "A"

2019 Toledo Municipal Art Plan

Exhibit A: Art in Public Places Program

Prepared by: Nathan Mattimoe Art in Public Places Coordinator

2019 Municipal Art Plan

Since 1977, the City of Toledo, by ordinance, has entrusted the administration of its Art in Public Places Program to The Arts Commission of Greater Toledo. The program includes three elements: acquisition of new works of art, restoration and conservation of the existing public art collection, and the establishment of public education programs and activities associated with the Art in Public Places Program. These elements are detailed in this year’s proposed Municipal Art Plan, developed by the Art in Public Places Committee and approved by the Board of Trustees of The Arts Commission.

Acquisition of New Works of Art

Recently Completed

Anthony Wayne Trail Gateway Project In October of 2018, Art in Public Places, in partnership with City of Toledo Engineering Services and the Ohio Department of Transportation, completed the largest public art installation in the history of the program. The project, completed in conjunction with the reconfiguration of the Anthony Wayne Trail as it enters downtown, consists of land forms, custom cast concrete walls, and a 40 foot sculpture that spirals up to a cluster of cast glass ornaments representing historic industries of Toledo such as spark plugs, jeeps, bottles and the iconic Toledo Scale. A dedication for the project took place on October 18th. Additional lighting is planned for the sculpture in 2019.

Projects Underway

Close Park In early 2018, over 60 artists from all over the United States responded to a request for qualifications. Through an extensive review process, including community meetings with neighborhood stakeholders, the Design Review Board selected Minneapolis artist, Randy Walker’s, proposal entitled Close, Closer, Closest. The installation includes approximately 400 colorfully painted steel poles representing each house in the immediate neighborhood. The poles will stand in a small garden shaped to mimic Close Park’s shape. The poles will vary in height and color determined by members of the community. Like the park, Close, Closer, Closest will 2

be an interactive life-filled space that changes as it is experienced from different vantage points and as one moves through and around it from season to season. Community engagement activities will take place in June with installation scheduled for August of 2019.

INTER/ACTIVE In March of 2019, a Request for Proposals was published for two new interactive public art projects for this Artist’s Rendering of Close. Closer, Closest years Momentum Festival, taking place September 19-21, 2019. Last year’s projects included a participatory puppet parade, group music composition, and a sculpture project that explores the diversity of families. These projects are community-driven, collaborative works of art that are accessible to the public and civic in scope. An additional four INTER/ACTIVE projects are planned for 2020.

Art in Public Buildings

Mayor’s Office Art Displays In late 2018, the Art in Public Places – Art in Public Buildings Committee worked with local artist, gallery owner and curator, Nikki Eggerstorfer, to select artwork for areas of the Mayor’s office. Nikki selected a diverse variety work from local artists that reflect our creative community. The next installation is planned for sometime in mid 2019.

Paintings by Yusuf Lateef

A total of $76,464 comprises the Acquisition line item of the 2019 plan.

Maintenance and Conservation

Completed in 2018 Major Ritual And City Candy Painting Projects 2018 saw the complete restoration of Major Ritual by Beverly Pepper. The recently relocated sculpture was repaired and repainted, restoring the piece to its original vibrant orange color.

City Candy, the iconic, red and white, two story sculpture at the Vistula parking garage was repainted in August of 2018.

Underway in 2019

Washing and Waxing / General Maintenance 2019 conservation activity also includes the routine washing, waxing, and general maintenance performed on the following works: General Steedman Monument, Who’s Up?, I Got It!, Artifacts of Childhood, Swan Waves, City Candy, Fire Station 13, Viet Nam Peace Arch, Houses on the Move, Perspective Arcade, Gosser Memorial, The Guardian, S.P. Jermain, Woman with Birds, Empathy and The Flame. Maintenance is also planned for Harvard Circle Fountain to clean the system and repair plumbing that was damaged in a car accident.

A total of $ 52,541 comprises the Conservation line item of the 2019 plan.

Education Programs /Activities

Completed in 2019

Video Work In 2018, Art in Public Places contracted with Hanson Inc. to create a short film that celebrates the Art in Public Places program. Completed in September of 2018, the seven minute piece discusses the history of the Public Art program, the precedent it set for the State of Ohio, and its significance for the City of Toledo – all accompanied with beautifully shot footage of sculptures in the Art in Public Places collection. A plan is underway to replace the current content on the City Council digital display with this new piece, accompanied with sub titles.

Continuing in 2019

Photography and New Public Art Brochure Art in Public Places continues the effort to photograph the entire public art collection through 2019. The new photos will be used for a variety purposes including The Arts Commission website and other marketing and education efforts. The photos will also be used for a new Art in Public Places brochure. As the world moves to more digital content, the need for a physical, take-away, type of brochure remains a common request from educators, and other community members that have interest in the collection but are not technologically savvy. Planning for a new public art brochure is underway.

Ongoing

ABC’s of Public Art The ABC’s of Public Art publication was printed in June of 2012, and will continue to be distributed to parents, mentors, schools and literacy programs.

Local graphic designer Merrill Rainey designed The ABC’s of Public Art with oversight from the Art in Public Places Committee and The Arts Commission. It features 28 works from the City of Toledo’s One Percent for Art Program along with 10 works from other publicly accessible collections in the City of Toledo. Over 8,500 books have been distributed to local schools, libraries, early childhood health and literacy programs and home schoolers. This publication is free and interested parties can contact The Arts Commission for more information. An online version can be found on The Arts Commission’s web site: www.theartscommission.org/publicart

Americans For the Arts As a member of the Americans for the Arts Public Art Network and the related Email List-Serve, The Arts Commission has a direct link to hundreds of public art administrators, publications, and artists from across the country and around the world. Additionally The Arts Commission has sent staff members to the Americans for the Arts National Conference since 2003. The conference presents essential information on developing concepts and innovation in the field of public art and provides opportunities to network with artists and public art administrators from around the country.

A total of $ 12,541 reflecting all the aforementioned projects comprises the Education line item of the 2019 plan.

Administration

The administration line item of the budget, which is $96,000, covers compensation and benefits for The Arts Commission staff support, over-head, and other expenses associated with operating the Art in Public Places program.

Additional Public Art Projects and Partnerships

Projects Underway

Roundabout Public Art The Art in Public Places Program is working with the foundation of Mercy Health Systems to commission public art work for the roundabout located at the Cherry St. and Manhattan Blvd. intersection. Art in Public Places has agreed to coordinate the project and fund the design phase while Mercy will fund the commission of the sculpture including installation Artist Rendering by RDG 7

Three finalists / teams for the project were selected from a pool of over 60 submissions: Haddad | Drugan of Seattle, Koryn Rolstad of Seattle and RDG Planning and Design of Des Moines IA. Each artist / team was invited to present their proposals for the site to the community on March 13th. The Design Review Board ultimately chose the proposal developed by RDG Planning and Design. A community engagement session is planned for the beginning of June to gather community input that will inform the design of the sculpture.

Recently Completed Projects

Veteran’s Glass City Skyway Lighting Project The Arts Commission worked with the Ohio Department of Transportation and lighting contractors, HLB, to commission lighting sequences from local artists to be added to the schedule of the newly upgraded lighting system on the Veteran’s Glass City Skyway. All of the selected artists are local to Toledo and include Brien Strancar, Natalie Lanese, Gail Christofferon, Imani Lateef, Yusuf Lateef and Anthony McCarty. Twelve total designs were developed for the bridge. The designs rotate nightly with special shows for patriotic holidays, highway safety week and other days of significance.

Dazzle Colonnade

In June of 2018, ProMedica enlisted the help of Art in Public Places to commission a large scale mural for the lower level of the parking garage located at Promenade Park. Local artist, Natalie Lanese, was selected for the project. The mural, entitled Dazzle Colonnade, is 200 feet long and employs the concept of “dazzle camouflage” a technique Dazzle Colonnade by Natalie Lanese used in WWI to camouflage ships prior to the advent of radar. This was Natalie Lanese’s first major solo mural commission in the City of Toledo and a wonderful addition to the City’s public art landscape. A dedication took place on February 22nd as part of ProMedica’s Fire and Ice Festival. It was well attended and speakers included The Arts Commission Director Marc Folk, Robin Whitney of ProMedica, and City of Toledo Mayor Kapszukiewicz.

Projects Under Way

Anthony Wayne Bridge Lighting Project In 2016, local arts advocate and Art in Public Places Committee member, Susan Reams, approached The Arts Commission to pursue a lighting design project for The Anthony Wayne Bridge. Funded by the One Percent for Arts Program, the design of the system was created by local light-based artist, Erwin Redl. Mrs. Reams led an extensive effort to fund-raise for the additional costs to the project and successfully raised $300,000 from private and public sources to fund the fully programmable lighting system. Installation of the system is underway and the official re-lighting of the Anthony Wayne Bridge is scheduled for the 4th of July 2019.

Reynolds Rd. Gateway Project A committee, coordinated by Art in Public Places, is working with City of Toledo Engineering Services to commission a gateway piece for Reynolds Rd., just north of the Turnpike. Led by The Edge Group, the selected design team for the project includes Graphite Design + Build, MEP Graphic Design and Engineer Richard McGucken. Final submittals are due in May with Stage One Submittals due to ODOT by July 31. Total potential budget for the project is $180,000, which was earmarked by the City from ODOT funds for the Reynolds corridor.

City of Toledo Mural Ordinance

These projects were coordinated by Art in Public Places but are funded outside of the One Percent For Art Program unless noted otherwise.

One Percent for Art 2019 Program Budget

Administration $96,000 Acquisition $76,464 Conservation $52,541 Education $12,541 Total $237,546

Art in Public Places Committee Members 2019

Mike Duket Libbey Call Best Co-Chairperson Steve Day Phillip Enderle Daniel Hernandez Claude Fixler Co-Chairperson Tom Gibbons Patricia Levey Bob Lubell John MacKay Diane Phillips Carolyn Putney Staff:Staff: Susan Reams Matt Rowland Nathan Mattimoe, APP Coordinator Brad Rossi Aly Sterling Marc Marc Folk, Executive Director Margy Trumbull William Whittaker Sandra Wiseley Lori Young Robert Zollweg

BLANK PAGE

REF: M-1-18 DATE: July 11, 2019

GENERAL INFORMATION

Subject

Request - Amendment to the Land Development Standards and Guidelines for Viva South Toledo Neighborhood Business District (C-6 Zoning District for Commercial Storefront)

Applicant - Broadway Commercial Corridor Committee (BCC) Historic South PO Box 1008 Toledo, OH 43697

Applicable Plans and Regulations

• Toledo Municipal Code Part Eleven: Planning and Zoning • C-6 VIVA South Toledo Neighborhood Business District • Old South End Master Plan (2017)

STAFF ANALYSIS

The request is a Text Amendment to the Land Development Standards and Guidelines for Viva South Toledo Neighborhood Business District for the designated C-6 Zoning District. The Broadway Commercial Corridor Committee (BCC) reviewed the existing guidelines that were last updated in 2004 and worked diligently to update the standards to reflect other adopted overlay guidelines within the City of Toledo. The Text Amendment was prepared by the BCC, Toledo Design Center (TDC), and the Toledo City Plan Commission staff.

The Old South End community has changed its name from VIVA South Toledo Neighborhood to Historic South along with the creation of the Broadway Commercial Corridor committee. The committee is a non-profit organization made up of community volunteers and with a appointed Executive Board. This committee took the initiative to work with the Toledo Design Center (TDC), and the Toledo City Plan Commission staff to develop and adopt a Master Plan in 2017 to guide development in the neighborhood and the commercial corridor that is now called Broadway Commercial Corridor District.

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REF: M-1-18…July 11, 2019

STAFF ANALYSIS (cont’d)

The Broadway Commercial Corridor District is located on Broadway Street commencing at Garland Street, running southerly to Prouty Street, capturing all of the residential, commercial, and industrial properties fronting along Broadway Street. Broadway Street is commonly referred to as the “Broadway Mile” since it is 1.3 miles in length.

Surrounding land uses include the I-75 North/South Expressway and the Middle Grounds District located to the north, Danny Thomas Park to the south, with most of the commercial uses centrally located at the intersection of Broadway Street and South Avenue. Directly to the west and east side of Broadway Street is single-family and multi-family homes with a portion of the east side fronting on the Maumee River that has an established overlay known as the Maumee River Overlay (MRO).

The BCC placed this project on their monthly meeting agenda and worked with the community to upgrade the standards without any impact or expense to the existing property owners. These new guidelines will not change the zoning of any property located within Broadway Commercial Corridor District.

Old South End Master Plan

The Old South End Master Plan envisions Broadway being broken down into four nodes with the northern and southern ends maintaining the historic character, additional green space and preserving the residential neighborhoods. The two middle sections starting at Western Avenue to South Avenue is a large concentration of commercial uses and public spaces. The key improvements suggested for C-6 area include: Reducing traffic lanes on Broadway; major reconfiguration of the Broadway and South Avenue intersection to enhance pedestrian accessibility and safety; and enhanced landscape improvements along Broadway Street.

Toledo 20/20 Comprehensive Plan

The Toledo 20/20 Comprehensive Plan targets the majority of the Broadway Commercial Corridor District for Urban Village land uses. The intent of the Urban Village designation is to accommodate the development of a neighborhood in a village-like setting. The text amendment conforms to the goals of the Toledo 20/20 Comprehensive Plan.

Staff recommends the approval of the Text Amendment for three reasons. First, the stakeholders in the BCC District were involved from the beginning, and their interests and concerns were incorporated into the guidelines. Second, the goal of the Text Amendment is to create uniformity when improvements are implemented throughout the Broadway Commercial Corridor District. Finally, the Text Amendment is consistent with the Old South End Master Plan as it pertains to future development.

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REF: M-1-18…July 11, 2019

STAFF RECOMMENDATION

The staff recommends that the Toledo City Plan Commission recommend approved of M-1-18, a request to Amend the Land Development Standards and Guidelines for Viva South Toledo Neighborhood Business District (C-6 Zoning District for Commercial Storefront) to Toledo City Council for the following two (2) reasons:

1. The Text Amendment provides the opportunity for the community to refine its vision for the Broadway Commercial Corridor District and to create an action plan that addresses these changes.

2. The proposed Text Amendment conforms to the recommended goals and land uses of the Old South End Master Plan as it pertains to future development.

ZONING TEXT AMENDMENT TOLEDO CITY PLAN COMMISSION REF: M-1-18 DATE: July 11, 2019 TIME: 2:00 P.M.

CITY COUNCIL COMMITTEE OF PLANNING AND ZONING DATE: August 14, 2019 TIME: 4:00 P.M.

MLM Exhibit “A” follows Two (2) sketches follow

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REF: M-1-18…July 11, 2019

Exhibit “A”

(Proposed additions are shown in bold italics, proposed deletions are shown in strikethrough text)

LAND DEVELOPMENT STANDARDS AND GUIDELINES

FOR

VIVA SOUTH TOLEDO NEIGHBORHOOD

BUSINESS DISTRICT

BROADWAY COMMERCIAL CORRIDOR DISTRICT

Adopted by Toledo City Council as part of the Designated C-6 Zoning District

Ordinance 64-84, January 31, 1984; Ord. 852-87 (10/13/87); Ord. 1092-87 (12/22/87); Ord. 623-89 (6/20/89); Ord. 905-90 (9/4/90); Ord. 841-93 (12/27/93); Ord. 827-04 (12/12/04)

Toledo – Lucas County Plan Commissions (419-245-1200)

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Exhibit “A”

(Proposed additions are shown in bold italics, proposed deletions are shown in strikethrough text)

TABLE OF CONTENTS

SECTION PAGE

PURPOSE ii

SECTION I: PERMITTED USES FOR LAND 1 PROHIBITED USES 3 NON-CONFORMING USES 5

SECTION II: SETBACK AND HEIGHT REQUIREMENTS 6

SECTION III: OUTDOOR STORAGE AND DISPLAY 7

SECTION IV: OFF-STREET PARKING REQUIREMENTS 7 LANDSCAPING OF PARKING AREA 9

SECITON V: LOADING AND SERVICE AREAS 12

SECTION VI: VEHICULAR SERVICE AREAS 13

SECTION VII: ARCHITECTUAL CONSIDERATIONS 13 GENERAL STANDARDS 13 EXTERIOR FEATURES 14 ROOFS AND ROOFING 15 WINDOWS AND DOORS 15 EXTERIOR FINISHES 16 ANCILLARY STANDARDS 16 STRUCTURAL SYSTEMS 17

SECTION VIII: SIGN REQUIRMENTS 17

SECTION IX: SUBMISSION AND REVIEW OF PLANS 23

MAPPED BOUNDARY AREAS

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REF: M-1-18…July 11, 2019 Exhibit “A”

(Proposed additions are shown in bold italics, proposed deletions are shown in strikethrough text)

PURPOSE

The successful effort to rezone portions of Broadway to the C-6 zoning classification is representative of the continuing effort on the part of the Viva South Toledo Community Broadway Corridor Coalition to enhance the standard of living in the Historic Southend Old South End of Toledo.

The purpose of the C-6 zoning is to insure support a harmonious relationship between buildings and neighboring areas within the Viva South Toledo Community Old South End. It is intended to provide flexibility and encourage imaginative design in the rehabilitation of buildings and new construction while maintaining the architectural integrity of the many fine older buildings that presently exist along Broadway Street.

The C-6 standards and guidelines were specifically prepared for the areas zoned C-6 along Broadway by those primarily affected by the regulations: businesspeople and owners of property located within the business district. Assistance in their preparation was provided by the Neighborhood Planning Program, Toledo – Lucas County Plan Commissions. 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.

3 - 6 REF: M-1-18…July 11, 2019

Exhibit “A”

(Proposed additions are shown in bold italics, proposed deletions are shown in strikethrough text)

LAND DEVELOPMENT STANDARDS AND GUIDELINES FOR VIVA SOUTH TOLEDO NEIGHBORHOOD BUSINESS DISTRICT BROADWAY COMMERCIAL CORRIDOR DISTRICT,

Section I. Permitted Uses for Land

A. Two Types of Zones

There are two types of C-6 zones established within the Viva South Toledo Neighborhood Business District. There are two areas designated as “Primary Retail Areas” and three areas designated as “Service Commercial Areas.” These zones are part of the entire VIVA South Toledo Project Area being rezoned to C-6 Commercial Development and Redevelopment District.

The Broadway Commercial Corridor District is triangular in shape and bounded by the Anthony Wayne Trail, the Maumee River, and Interstate 75. Broadway Street is a major urban thoroughfare that bisects the neighborhood and is lined with commercial, institutional and residential land uses.

B. Permitted Uses in the Area Designed as the “Primary Retail Areas” Broadway Commercial Corridor District

The following uses shall be permitted in this zone:

1. Retail stores selling convenience goods including groceries, baked goods, hardware supplies, drugs, liquor stores, meat markets, fish markets, candy and confectionery stores, florists, dairy stores and other retail stores primarily engaged in selling goods for home preparation and consumption.

2. Retail stores selling shopper or comparison goods including dry goods, apparel and accessories, jewelry, department or variety stores, furniture and home furnishings, paint, cameras, sporting goods, musical instruments, appliances, auto parts, and retail stores primarily selling articles for personal wear or furnishings for the home, except the sale of new or used automobiles.

3. Retail stores selling specialty items including boutiques, craft items, hobby shops, bicycles, toys, pet shops, imports, clothing, gift shops, card and stationery shops, and other tangible specialty shops.

3 - 7 REF: M-1-18…July 11, 2019 Exhibit “A”

(Proposed additions are shown in bold italics, proposed deletions are shown in strikethrough text)

4. Service businesses primarily engaged in providing for the personal care of persons, clothing, furniture, and small appliances including funeral homes, dry cleaners, laundromats, shoe repair shops, tailors, hair cutting and styling, upholsters and repair businesses done on the premises except automobile repair business.

5. Convenience services including banks, savings and loans, finance companies, post offices and public libraries.

6. Fraternal organizations and civic clubs.

7. Indoor movie theaters and bookstores except pornographic as defined in Section I, D-8.

8. Professional offices where the service rendered is done so principally within the confines of the building that houses the office including but not limited to accountants, attorneys, dentist, doctors, and insurance offices. and other uses provided that it is located above the ground floor of the buildings.

9. Residential units located above the ground floor of the buildings.

10. Storage uses located above the ground floor or in the rear of any of the other uses provided that it is related to the business on the ground floor.

11. Restaurants and taverns for indoor sit-down and patio seating and consumption.

12. Antique stores which sell goods, including collectibles, which by virtue of their age or unusual quality, are generally considered to be of historical and/or artistic interest. Ordinarily such items are in a good state of preservation or are restorable to their original condition.

13. Drive-up establishments are subject to Special Use Permit that includes a site plan review in accordance with Chapter 1104.0800 of the Toledo Municipal Code, Part Eleven-Planning and Zoning Code.

3 - 8 REF: M-1-18…July 11, 2019 Exhibit “A”

(Proposed additions are shown in bold italics, proposed deletions are shown in strikethrough text)

14. Remodeling, home improvement or business service establishments such as heating and plumbing services, roofing, and construction contractors.

15. Personal Improvement Services.

16. Cultural Exhibits and Libraries.

17. Indoor Sports and Recreation.

C. Permitted Uses in the Areas Designated as the “Service Commercial” Areas

The following uses shall be permitted in this zone:

1. All uses permitted in the Primary Retail Area.

2. Professional and medical offices and business service establishments such as heating and plumbing services, and roofing and construction contractors, but not including auto repair businesses.

3. Drive-up business establishments or fast food restaurants.

D. Prohibited Uses

The following uses shall be prohibited within the entire Broadway Commercial Corridor District project area:

1. Health Spas.

2. Pinball and Video Arcades.

3. Pool Halls.

4. Salvage type operations and junkyards.

5. New and used car sales lots.

6. Automobile service stations and repair places.

3 - 9 REF: M-1-18…July 11, 2019 Exhibit “A”

(Proposed additions are shown in bold italics, proposed deletions are shown in strikethrough text)

7. Wholesale business establishments which generate more than fifty (50%) percent of their gross sales from retailers who resell those goods to others or who incorporate the product for eventual consumption by, or repair or service for a third party.

8. Pornographic or adult movie theaters, pornographic or adult mini-theaters, adult book stores, massage and other such establishments exploiting human anatomy, including nude or topless dancing, as defined herein-after, if such use would be located within 750 feet of any of the following existing land uses:

a. Any residentially-zoned district. b. Any kindergarten, grammar school, junior high school or high school. c. Any public or school playground. d. Any church, temple, or other house of worship; or if said proposed establishment will be within 1,000 feet of any similar existing use.

For this paragraph, the definitions are as follows:

a. Adult or pornographic motion picture theater or adult mini- theater means an establishment located within an enclosed-building displaying movies that are rated X, XX, or XXX, or is determined to be obscene by the Motion Picture Association of America code and rating board, its successors and assigns, or such other and subsequent national rating board used in the movie industry of the United States of An1erica; or presents material distinguished or characterized by emphasis on matters depicting, desc1ibing or relating to "specified sexual activities" or "specified anatomical areas" for observation by patrons therein; or presents material which excludes minors by virtue of age.

3 - 10 REF: M-1-18…July 11, 2019 Exhibit “A”

(Proposed additions are shown in bold italics, proposed deletions are shown in strikethrough text) b. Adult or pornographic book store means any magazine, newspaper, printing, photograph or publication which depicts the human body in a state of nudity or partial nudity whereby the genitals are exposed, said establishments having said items for sale or display, which are distinguished or characterized by their emphasis on matters depicting, describing or related to "specified sexual activities" or "specified anatomical areas" (as defined in these standards) or which excludes minors by virtue of age, and which when distributed by a retail or other entity, generate or is likely to generate more than ten (10) per cent of the gross sales or income from the distribution or sale of said magazines, newspapers, printing, publications or photographs. c. Specified sexual activities are defined as:

1) Human genitals in a state of sexual stimulation or arousal; or

2) acts of human masturbation, sexual intercourse, sodomy; or

3) fondling or other erotic touching of human genitals, pubic region, buttocks, or female breasts. d. Specified anatomical areas are defined as:

1) less than completely and opaquely covered:

a. human genitals, pubic region, b. buttocks, and c. female breasts below a point immediately above the top of the areola.

3 - 11 REF: M-1-18…July 11, 2019 Exhibit “A”

(Proposed additions are shown in bold italics, proposed deletions are shown in strikethrough text)

e. Massage Establishment is defined as any establishment having a fixed place of business where massages are administered for pay, including but not limited to, massage parlors, health clubs, sauna baths, and steam baths. This definition shall not be construed to include a hospital, nursing home, medical clinic, or the office of physicians, surgeon, chiropractor, osteopath, or physical therapists duly licensed by the State of Ohio, nor barbershops or beauty salons in which massages are administered only to the scalp, face, neck, or shoulders. This definition shall not be construed to include a volunteer fire department, a volunteer rescue squad, or a non-profit organization operating a community center, swimming pool, tennis court or other educational, cultural recreational, and athletic facilities, and facilities for the welfare of the residents of the area. Sexually oriented businesses as described in TMC§1116.0183.

9. All uses not permitted under “Permitted Uses” shall be excluded from the C-6 District for the Broadway Commercial Corridor VIVA South Toledo for the Project Area.

10. Pawnshops (any business that loans money on deposit of personal property or deals in the purchase of personal property or deals in the purchase or possession of personal property on the condition of selling the same back again to the pledger or depositor, or loans or advances money on the personal property by taking chattel mortgage security thereon, and takes or receives such personal property), Second Hand or Used good and appliance stores, and check cashing businesses.

11. Sweepstakes Terminal or Internet Café.

12. Wireless Telecommunications Facilities – freestanding and towers.

E. Non-Conforming Uses

1. Any existing use may continue, even those, which might not be permitted under prohibited uses, as long as the use does not change. The non-conforming use will not be permitted if the business ceases to operate for one (1) year or more. The uses of the building shall hereafter conform to the uses permitted n the Broadway Commercial Corridor C-6 District. An existing non-conforming use may continue despite a change in ownership.

3 - 12 REF: M-1-18…July 11, 2019 Exhibit “A”

(Proposed additions are shown in bold italics, proposed deletions are shown in strikethrough text)

2. When a building structure, the use of which does not conform to the provisions of this Zoning Ordinance, has been damaged by explosion, fire, act of God or the public enemy, to the extent of more than seventy-five (75%) percent of its fair market value, it shall not be restored or reconstructed except in conformity with the zoning district regulations of the district in which the building is situated.

3. A non-conforming use may be extended throughout that portion of a structure that was obviously designed and intended for such use, and a non-conforming structure may be extended or enlarged by not more than ten (10%) percent of the total floor area existing at the time of adoption these Land Development Standards and Guidelines provided, however, that no such extension shall encroach upon any minimum yard requirements nor shall it exceed the maximum height requirements.

Section II. Setback and Height Requirements

A. Front Yard

No front yard setback shall be required in any part of the VIVA South Toledo Broadway Commercial Corridor C-6 Zoning District. The maximum allowed front setback shall be ten (10’) feet unless a public-private (outdoor seating) setback zone is provided. If a public-private setback zone is provided a maximum front setback of twenty (20’) feet is allowed for up to fifty (50%) percent of the building frontage. Contextual front setbacks shall be considered when reviewing new development or a public-private zone. Public- private zones are outdoor business areas such as patio dining that is returned inside the store at the end of business hours.

B. Side Yard

No side yard shall be required except that a seven (7’) foot side yard be required on the side of a lot or tract adjoining a residentially zoned district. No side yard shall be required if the districts are separated by an alley or street.

C. Rear Yard

No rear yard shall be required except that a twenty (20’) foot rear yard shall be required only upon that portion of a lot or tract abutting upon a residentially zoned district. Whenever a lot abuts or adjoins an alley that separates the Broadway Commercial Corridor C-6 District from a residentially zoned district, the alley width may be considered as a portion of the required rear yard.

3 - 13 REF: M-1-18…July 11, 2019 Exhibit “A”

(Proposed additions are shown in bold italics, proposed deletions are shown in strikethrough text)

D. Height Limitations

The maximum height of buildings shall be forty-five (45’) feet. Height of buildings means the vertical distance from the grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the mean height level between the eaves and ridge for gable, hip and gambrel roofs.

Section III. Storage and Outdoor Displays

A. Screening of Waste Containers

No waste materials, refuse or garbage shall be permitted to remain outside buildings, except as permitted by the city regulations regarding containers for garbage. The areas in which such containers or commercial dumpsters are stored shall be visually screened.

B. Outside Storage

1. No outside storage or related operations of any kind shall be permitted on any lot unless such activity is visually screened. Under no circumstances shall outside storage extend above the top of such screening.

2. The temporary or permanent storage of appliance units and furniture outside an enclosed area shall be prohibited in the VIVA South Toledo Broadway Commercial Corridor C-6 Districts. Compliance to this regulation shall take effect immediately upon the adoption of the standards and guidelines by Toledo City Council.

C. Compliance

Compliance with the outside storage and screening requirements shall be required within one (1) year after the adoptions of the VIVA South Toledo Broadway Commercial Corridor C-6 District Standards and Guidelines by Toledo City Council. The Board of Trustees of the VIVA South Toledo Commercial Revitalization Association Broadway Corridor Coalition shall review and approve/disapprove all plans to visually screen outside storage and waste containers to assure compliance with these requirements.

3 - 14 REF: M-1-18…July 11, 2019 Exhibit “A”

(Proposed additions are shown in bold italics, proposed deletions are shown in strikethrough text)

D. Outdoor Displays

There shall be no outdoor displays permitted except for special events as approved by the Board of Trustees of the VIVA South Toledo Commercial Revitalization Association Broadway Corridor Coalition.

Section IV. Off-Street Parking Requirements

The parking requirements for all the districts in the VIVA South Toledo C-6 Project Area shall conform to Off-street parking requirements within the Broadway Commercial Corridor District shall conform comply with the requirements set forth in Chapter 1107, Parking, Load, and Access of Part 11 – Planning and Zoning Code of the Toledo Municipal Zoning Code and the following exceptions provisions:

A. Parking Space Requirements

1. Retail stores and service establishments; one (1) space for each four hundred (400) square feet of floor area;

2. Business and Professional offices; one (1) space for each six hundred (600) square feet of floor area;

3. Restaurants and Taverns; one (1) space for each two hundred (200) square feet of floor area;

4. Movie Theaters; one (1) space for each ten (10) seats or ten (10) bench seating spaces.

5. Off-street parking facilities shall be located in the rear portion of the subject property and behind the principal building or use. The construction of new off- street parking lots having frontage along Broadway Street is prohibited.

6. Location of off-street parking facilities shall be on the same lot as the principal uses or within three hundred (300’) feet of the building (measured from the nearest point of the building or use to the nearest point of the parking) or an alternative access and parking plan may be submitted as provided for in Sec. 1107.1400.

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(Proposed additions are shown in bold italics, proposed deletions are shown in strikethrough text)

7. If parking in the rear of the lot is not feasible because the lot is too shallow, or other unique circumstances approved by the Plan Commission, then parking may be allowed on the side of the building if a screening wall and landscape treatment are installed along the street frontage in conformance with the minimum parking lot standards for perimeter screening barriers.

8. Access to parking lots shall be provided off alleys or secondary streets, not Broadway Street, whenever possible in order to minimize curb cuts across pedestrian sidewalks.

9. No corner parking lots are permitted unless approved through the Minor Site Plan review process.

10. Existing developed properties shall be exempt from the requirements of Chapter 1107.

B. Parking Setbacks

In the C-6 primary retail areas Broadway Commercial Corridor District, no off-street parking shall be permitted for a distance of five (5’) feet from the front lot line or intrude into the front yard setback of the building, whichever is greater. Lots having a frontage on more than one street shall adhere to these requirements on all streets. The planting strip shall be properly landscaped and maintained.

1. Parking areas located on pedestrian routes should accommodate streetscape related improvements to soften the parking area.

C. Parking Area Size Requirements

1. Each parking space shall not be less than one hundred eighty (180’) feet in area. All parking spaces shall be properly designated by painted lines or other methods approved by the Commissioner of Traffic Engineering the Division of Transportation of the City of Toledo. All parking spaces shall have a minimum width of nine (9’) feet.

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(Proposed additions are shown in bold italics, proposed deletions are shown in strikethrough text)

2. The parking lot shall have a minimum of five (5) percent, but at least one, of the parking spaces located near or adjacent to a walkway or drive and identified as reserved for physically handicapped persons. Each reserved parking space shall be surfaced suitably for wheelchair travel and shall be at least twelve (12) feet wide, unless paralleling a walkway or drive. Where a curb exists between a parking lot surface and sidewalk surface, an inclined walk or a curb cut with a maximum gradient of one (1) foot in eight (8) feet shall be provided for wheelchair access.

D. Landscaping of Parking Area

There shall be two hundred (200) square feet of landscaped area for every ten (10) parking spaces within the parking lot, excluding required setbacks or three hundred (300) square feet of landscape area for every ten (10) parking spaces inclusive of the required setback. Planted medians should be a minimum of ten (10’) feet wide. A curb or other approved means shall be provided at the perimeter of planted areas within parking lots to prevent vehicular intrusion. Parking lots with less than ten (10) spaces shall be exempt from the provision pertaining to landscaping.

1. Perimeter landscaping must be installed along any parking lot area adjacent to street, place, or driveway. Perimeter landscaping will consist of one of the following, located between the parking lot and the property line:

a. Landscaped area at least five (5’) feet wide, exclusive of easements, sidewalks, or rights-of way, planted with at least one (1) shrub for every 3 to 5 feet of property line, as determined by growth characteristics;

b. 3 ½ feet high metal tube or solid bar fence, with at least one (1) shrub for every 3 feet of property line planted on the outside of the fence; or

c. Solid 3 ½ foot high brick or stone wall.

d. A landscape island or greenbelt, five (5’) in width shall be installed in front of the screening wall. This landscape island/greenbelt shall accommodate the installation of canopy trees, at least three (3”) inches in caliper.

e. A minimum six (6’) foot wide sidewalk shall be installed between the building and the parking area.

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2. Wheel stops (i.e., parking blocks) must be provided to ensure that vehicles cannot overhang directly on plant material, if a landscaped area is used.

E. Streetscape

1. Street trees to the satisfaction of the Department of Parks, Recreation and Forestry, light standards, street signs, etc., should be placed so that the trees are between the street lanes and any pedestrian walkway. Tree grates that employ stormwater control measures are highly encouraged.

2. Any walkway or public spaces specifically designed to enhance pedestrian movement should not use plain asphaltic pavements for the walking surface or use tiles or similar surfaces that can become slippery when wet.

3. Existing and future transit stop locations should have ample space for patron amenities and waiting.

F. Screening

1. All off-street parking lots shall be effectively screened from adjoining residential districts and streets. Screening shall consist of a masonry wall, decorative fencing, or combination thereof, not less than three (3’) feet nor more than four (4’) in height, together with a planting strip on the outside of such wall or fence. Said planting strip shall be a least four (4’) feet wide with suitable planting materials. Screening and landscaping shall be maintained good condition and shall be so designed and placed so as not to obstruct vehicle sight distances at entrances and exists. If both the Director of the Plan Commission and the Board of Trustees of VIVA South Toledo Commercial Revitalization Association the Broadway Corridor Coalition determine that the planting strip provides sufficient screening, the requirement for a masonry wall or fence for the off-street parking lot may be eliminated.

2. Trash and service and storage areas should be of solid screening at least six (6’) feet in height and maintained. In larger developments, trash collection, service and loading areas should be separated from main circulation and parking areas. Chain link fencing as a screening material is not permitted. Consolidated trash collection areas are permitted.

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G. Illumination

Illumination of parking facilities shall be arranged so as not to reflect direct rays of light into any adjacent residential area. In no case shall direct and indirect illumination from the source of light exceed an illumination level maximum of one/half foot-candle when measured at the nearest point of the lot line in a residential area. Illumination of all parking shall be required.

1. Site Lighting for Small Parking Lots (Twenty-Five or Less Parking Spaces)

a. Site lighting for small parking lots is permitted to utilize a pedestrian style LED light fixture and pole to match the lights being used by the City of Toledo for public enhancement within the Broadway Commercial Corridor C-6 District.

b. The light source shall be metal halide or LED.

c. Off-building lighting for parking lots is permitted.

2. Site Lighting for Large Parking Lots (Twenty-Six or More Parking Spaces)

a. Site lighting for large parking lots shall utilize a Shoe Box Fixture and pole (maximum 16’ feet height) for efficiency of lighting and neutrality of design to match the lights being used by the City of Toledo for public enhancement within the Broadway Commercial Corridor C-6 District.

b. The light source shall be metal halide or LED.

H. Existing Structures

Existing structures are exempted from the above parking requirements unless they are structurally modified, rebuilt or altered to the extent of more than a fifty (50%) addition in floor area.

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Section V. Loading and Service Area Requirements

Loading and Service Area requirements pertain to a space within the principal building or on the same lot, providing for the standing, loading or unloading of trucks, and having a minimum dimension of 12 by 35 feet and a vertical clearance of at least 14 feet.

A. Off-street parking and loading areas are to be used solely for loading, unloading, and the parking of licensed, motor vehicles in operating condition. Required spaces may not be used for the outdoor display of goods for sale or lease, long term storage of motor vehicles or building materials.

B. Loading areas, loading docks, service areas and parking areas shall be planned so that one use does not interfere with another use, nor with any means of ingress or egress to and from said areas.

C. All loading and maneuvering of service vehicles and all other related service activities necessary to the operation of the development shall be accommodated within the lot lines wherever possible.

D. The number of loading docks and berths required shall be based on the square footage of the building being served. These standards are outlined in Section 1165.02 TMC 11107.1000 of the Toledo Planning and Zoning Code.

E. All loading docks in service areas, wherever situated, shall be visually screened from Broadway Street, and from neighboring non-commercial uses at street level.

F. Loading areas, loading docks, service areas and parking areas shall be planned so that one use does not interfere with another use, nor with any means of ingress of egress to or from said areas.

G. Loading and service entrances should be located at the rear or side of the building.

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Section VI. Vehicular Access

A. Intent

Access drives to the public right-of-way and parking shall be shared as much as possible.

B. Access to Broadway Street

Curb cuts or direct access into sites off Broadway Street within the Broadway Commercial Corridor shall be discouraged. Curb cuts may be granted only after site plan review by the Plan Commission Director and with written approval from the Commissioner Traffic Engineering of the Division of Transportation.

C. Parking Lot Access

All parking lots shall be provided with proper ingress and egress to a public street or alley by means of access drives and aisles in accordance with City of Toledo standards.

Section VII. Architectural Considerations

The following architectural standards are designed to make sure encourage that any proposed Building improvements enhance the original features of the structure. The standards are designed to act as guidelines in the rehabilitation of buildings located within VIVA South Toledo the Broadway Commercial Corridor C-6 Zoning District. It is the goal of the VIVA South Toledo Commercial Revitalization Association Broadway Corridor Coalition to:

1. Encourage the rehabilitation of commercial buildings within the VIVA South Toledo Commercial Neighborhood Business Broadway Commercial Corridor District.

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2. Create a visually distinct and identifiable commercial district and relate diverse building sites and improvements through the use of the following unifying elements:

a. A coordinated range of building and trim color;

b. Decorative awnings;

c. The use of compatible signs oriented toward pedestrian rather than automobiles; and

d. The elimination of extraneous façade and roof trim.

A. General Standards

1. The distinguishing original qualities or character of a building, structure, or site and its environment should not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided whenever possible.

2. Distinctive stylistic features, or examples of skilled craftsmanship, which characterize a building, structure or site, should be treated with sensitivity.

3. Deteriorated architectural features should be repaired rather than replaced whenever possible. In the event that replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical or pectoral evidence rather than on conjectural designs or the availability of different architectural elements from other buildings or structures.

4. Contemporary designs for alterations or additions to existing properties should not be discouraged when such alterations and additions do not destroy significant historical, architectural, or cultural material, and such design is compatible with the size, scale, color, material and character of the property, neighborhood or environment.

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B. Exterior Features

1. Masonry, Wood, and Metals

a. Original masonry and mortar should be retained whenever possible, without the application of any surface treatment.

b. Re-pointing Tuckpointing of mortar joints should be undertaken only for those joints that display evidence.

c. To the extent possible, old mortar should be duplicated in composition, color, texture, joint size, method of application and joint profile.

d. Waterproofing, water repellent coatings or surface consolidation treatments should be avoided unless required to solve a specific technical problem that cannot be adequately treated by other acceptable methods.

e. Stucco surfaces should be repaired with a stucco mixture that duplicates the original as closely as possible to original texture and appearance.

f. Masonry should be cleaned only when necessary to halt deterioration or to remove graffiti or stains. The gentlest cleaning methods shall be employed including low-pressure water and soft, natural bristle brushes. Sandblasting, including wet and dry *frit, other abrasives, or chemicals that would have an adverse reaction when applied to masonry materials should be discouraged. Metal surfaces should be cleaned only with material that do not abrade the surface, or alter the color, texture or tone of the metal.

g. Significant architectural features and details such as siding, cornices, brackets, railings, shutters, window architraves and doorway pediments should be retained. When it is impossible to retain the original materials, they should be replaced with new materials that duplicate the old features or details as closely as possible.

h. Buildings should not be resurfaced with new material that are inappropriate or were unavailable when the building was originally constructed. Such materials include artificial brick siding, artificial cast stone, brick veneer, asbestos or asphalt shingles, or plastic and aluminum siding.

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2. Visible Roofs and Roofing

a. The original roof shape should be retained. Changing the essential character of the roof through the addition of inappropriate features such as dormer windows, vents, or skylights should be discouraged.

b. Original roofing materials should be retained whenever possible. Deteriorated roof coverings should be replaced with new materials that match the old materials in color, composition, shape and texture.

c. Adequate roof drainage should be provided insuring that roofing materials provide a weather-tight covering for the structure.

d. Architectural features that give the roof its essential character such as dormer windows, cupolas, cornices, brackets, chimneys, cresting, and weather-vanes be preserved or replaced when necessary.

e. Chimneys, elevator penthouses or any other auxiliary roof structures should be repaired and cleaned where necessary.

f. Any roof structure visible from the street, or from other buildings should be finished so as to be harmonious with other visible building walls.

g. Roof mounted structures for the support of signs and billboards should be are prohibited.

3. Windows and Doors

a. Original window and door openings, frames, sashes, glass, doors, lintels, sills, pediments, architraves, hardware, awnings and shutters must be retained and repaired where they contribute to the architectural and historic character of the building.

b. Missing or irreparable windows that match the original in material, size, general muntin and mullion proportion and configuration, and reflective qualities of the glass should be repaired or replaced with the same. Incompatible materials such as anodized aluminum, or mirrored or tinted glass should be avoided.

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c. To improve the thermal performance of existing doors and windows, weather stripping should be added or replaced. Storm windows and doors also be added which are compatible with the character of the building and which do not damage window or door frames, or require the removal of the original windows and doors.

d. Interior storm windows that allow moisture to accumulate and damage the window should not be installed.

e. Heating/air conditioning units should not be installed in window frames when such installation may damage window frames or sashes. Window installations should be considered only when other heating-cooling systems would result in significant damage to historic materials. Whenever possible, air conditioning units should be installed on the side or to the rear of the buildings.

f. If windows are to be permanently closed, the sills, lintels and frames shall be removed and the opening shall be properly closed to match the material, design and finish of the adjacent exterior wall. To avoid removing windows in the upper stories to preserve the existing façade of the building, alternatives such as maintaining the appearance of a window from the exterior but closing it off from the interior with black plywood facing should be considered.

4. Exterior Finishes

a. Original paint colors and finishes should be determined to the extent possible and utilized in subsequent rehabilitation.

b. Removing paint and finishes to the bare surface should be avoided.

c. All exposed wooden surfaces should be painted, stained or otherwise treated for protection.

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5. Ancillary Standards

a. Surplus and unused devices attached to building front, such as empty electrical or other conduits, and unused sign brackets, should be eliminated unless ornamental in character.

b. Rear walls should be finished, painted or stuccoed to cover evenly all patched and filled areas, to present an even and uniform surface.

c. Side walls, wherever visible from any street should be finished or painted so as to harmonize with the front of the building.

d. All projections, such as flues, vents, gutters and downspouts should be painted to match the color of the surface from which they project.

e. All sides of a building exposed to either pedestrian or vehicular traffic should receive design consideration. Basic materials, textures, and color ranges should be compatible with other buildings in the area.

f. Any new mechanical equipment placed on the roof should be so located as to be hidden from view from the shopping streets street level and to be as inconspicuous as possible from other viewpoints.

g. New equipment should be screened with suitable material of a permanent nature and finished to harmonize with the rest of the building.

Structural Systems

6. All defective structural elements of a building façade and those sides of a building abutting a street shall be repaired or replaced especially where there are signs of cracking, deflecting or failure.

7. Historically important structural members should be replaced only when necessary.

8. Existing building foundations should not be disturbed with new excavations that will undermine the structural stability of the building.

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Section VIII. Sign Requirements

A. Purpose

These regulations establish standards for the design, fabrication, erection, use and maintenance of all signs, symbols, markings, and other advertising devices within the entire VIVA South Toledo Broadway Commercial Corridor C-6 Zoning District. These standards are designed to aid in the development and promotion of business by providing regulations, which encourage compatible design.

B. City of Toledo Sign Code

All sections of the Toledo Sign Code shall apply to the VIVA South Toledo C-6 District except where they are expressly prohibited or where the City of Toledo Sign Code exceeds the requirements contained herein.

Definitions

The definitions contained in the Toledo Sign Code shall be in full effect, as well as the following:

a. “Primary Sign” is one, which identifies the name of a business that occupies at least seventy-five (75%) percent of a building or storefront.

b. “Secondary Sign” is one, which identifies the name of a business that occupies less than twenty-five (25%) percent of a building or is located above the ground floor.

c. “Supplementary Sign” is one, which identifies the principal product or material sold, or service rendered within a business establishment.

d. “Special Signs” are those that are fixed to windows or door glass, stating property protection information, credit cards honored, participation in property owner or merchant associations and similar information.

e. “Notice Bulletin Boards” are those not over twenty-four (24) square feet in area for medical, public, charitable or religious institutions where there same are located on the premises of such institution and not oriented to motor vehicles in the public right-of- way.

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f. “Display window signs” are in the display window of a business use, which are incorporated, with a display of merchandise or a display relating to services offered.

g. “Billboard” or “Off Premise Signs” are third party signs, which do not constitute advertisement for the primary function of the premises on which the sign is located. It is a sign that advertises goods, products, services or facilities not necessarily sold on the premises where the sign is installed or directs persons to a different location from where the sign is installed. Listed below are three (3) main types:

1. Poster panels or bulletins normally mounted on a building wall, roof or free- standing structure with advertising copy in the form of pasted paper.

2. Multi-prism signs – same as above, and alternating advertising messages on the one displayed area.

3. Painted bulletins, where the advertiser’s message is painted directly on the background of a wall-mounted, roof or free-standing display area.

h. “Mural” is any piece of artwork painted or applied directly on a wall, ceiling or other permanent surface. Some wall paintings are painted on large canvases, which are then attached to the wall.

C. Broadway Commercial Corridor District Sign Code

All sections of the Toledo Sign Code shall apply to the Old South Toledo Broadway Commercial Corridor C-6 District except where they are expressly prohibited or where the City of Toledo Sign Code exceeds the requirements contained herein. Signage shall comply with Part 13, Title 9, Chapter 1387, Signs Permitted in the applicable Zoning district, and the following regulations:

1. Building signs shall be located above the main entrance in the sign band area, on the upper façade wall. The sign shall be sized to allow the masonry to be fully exposed around the sign.

2. No sign or part of a sign shall be located above the parapet of any façade. Roof mounted signs are prohibited.

3. Building signs shall not exceed seventy-five (75%) of the width of the storefront opening.

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4. Projecting signs are allowed.

a. Any one tenant with frontage on a public right of way is permitted to have one (1) projecting sign along that public street. The projecting sign may exist instead of, but not in addition to, a free-standing sign or roof sign. Where a premises is allowed two (2) free-standing signs, the occupant may elect to substitute a projecting sign for one (1) of the free-standing signs. If a premises has at least 300 feet of frontage along any one right-of-way, the occupant may have two (2) projecting signs.?

b. Subject to absolute limits of six feet six inches (6’-6”) from face of buildings and two (2’) feet back from the curb line, projection over public domain is limited to three (3”) inches for each linear foot of building front measured from sign location to the nearest side line of premises. Subject to the same maximum limits, signs on corner properties installed at forty- five (45) degree angles to the corner are permitted a twenty (20%) percent increase on the formula.

5. Window signs are allowed. However, no signage or advertisement shall block the view to the interior.

6. Raceways, cabinets, box signs, moving, animated or intensely lighted signs, electronic message centers (EMC), roof signs or signs that extend above a building roofline or parapet, and pole mounted are prohibited.

7. Monument or low profile signs are allowed. Free-standing signs no 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.

8. Awnings shall be traditional in design; they shall be triangular in section, sloping outward and down from the top of the opening. First floor awning sides are recommended to be open to increase sight lines towards storefronts along the street. Curved awnings matching the curve of the openings being covered are permitted. Other round-top, half-round, box, or other unusual awning shapes are prohibited unless approved in writing by the Plan Director. Internally illuminated awnings are also prohibited. Signage on awnings shall be allowed as long as it meet appropriate portions of the requirements of TMC§1103.1613.

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9. Canopies shall be narrow in elevation, six (6”) inches to twelve (12”) inches, and flat. Typically such canopies would have internal drainage. Canopies shall be self-supporting or supported by tension rods. Canopy projections are limited to thirty-six (36”) inches. Sloping or unusually shaped canopies are prohibited.

10. Additional Off-Premise Signs (Billboards) are prohibited. Exiting off-premise signs may remain subject to the regulations for legal non-conforming signs in Chapter 1395.

11. Each building shall display a street address as per City of Toledo Municipal Code. The street address shall also appear on any alley building elevation.

12. The Toledo Arts Commission accepts mural applications city wide as stated in the Toledo Municipal Code Section 167. All mural applications for the C-6 District shall be submitted directly to the Toledo Arts Commission and a copy of the submission shall be submitted to the Toledo City Plan Commission staff in order to inform the Broadway Corridor Coalition of any new or potential murals.

D. Exclusions

1. The only signs excluded from the operations of these regulations are:

a. “For Rent”, “For Sale, and “For Lease” signs.

b. Devices, with or without advertising, used for protecting merchandise from sun fading.

c. Notice bulletin boards.

d. No trespassing or no dumping signs not to exceed one and one-half square feet in area per sign and not to exceed four (4) in number per lot.

e. Display window signs.

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E. Conformance with regulations

1. All new signs erected, and existing signs relocated, modified or repainted subsequent to the adoption of these C-6 Development Standards shall conform to these regulations to the full extent.

2. Signs which identify businesses, which no longer exist at that location, shall be removed by the building owner within three (3) months of the adoption of these Land Development Standards Broadway Commercial Corridor District.

F. Existing Signs

All signs within the C-6 District shall be in full conformity with these regulations within ten (10) years of the adoption of these Land Development Standards by Toledo City Council. Existing billboards or off-premise signs are excluded from this requirement.

G. Sign Requirements

1. Signs shall be designated designed to inform in simple, logical, and attractive ways. Designs shall provide quick, easy identification, using either separately or in combination, graphic representation, symbols and lettering.

2. Primary signs that identify the property name where they are installed and the use conducted therein shall be limited to one (1) per building façade or storefront.

3. Supplementary signs shall be limited to one (1) per business, shall not exceed three (3) square feet in area, and shall not project more than one (1”) beyond the face of the building.

4. Painted or inlaid signs on the apron of cloth awnings shall be permitted.

5. The use of cutouts, letters or prefabricated letters shall be permitted on painted backgrounds.

6. Maximum efforts shall be made to conceal or hide lighting and electrical items such as conduit, junction boxes, transformers, ballasts, etc., by painting, recessing, or other practical methods.

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7. a. Flat signs shall be placed parallel to the building façade and shall not project more than twelve (12”) inches. The maximum square footage size of the flat sign shall not be greater than the width of that building multiplied by the factor of three (3).

b. In the case of corner properties or buildings having both front façade and rear entrance, which are primarily for customer use, two (2) primary signs shall be permitted provided one of the two signs is a flat sign. Flat signs shall be placed beneath the second story window-sill line or in the case of single story buildings, beneath the roof line.

8. Secondary signs may be permitted for the purpose of identification of secondary, non-residential tenants occupying portions of a building or storefront signs shall not exceed three (3) square feet in area and shall not project more than one (1) inch beyond the face of the building. Secondary signs may be located below the second story sill line or adjacent to the fires floor entry or at both locations.

9. A sign painted on any display window, which identifies the business therein shall be considered the primary sign of such business or may be used as a secondary or supplementary sign.

10. Interior or exterior temporary paper signs shall be permitted only to direct attention to persons outside the building to a sale of merchandise or a change in the status of the business, as long as they do not cover more than twenty-five (25%) percent of the total window area. No one (1) paper sign shall be permitted to remain for more than a total of thirty (30) days within any six (6) month periods.

11. Interior neon window signs, which identify the name of the business establishment shall be permitted.

12. Lettering for signs should be designed in a manner that is tasteful, appropriate and reflect the architecture of the building to which it is attached.

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H. Prohibited and Restricted Signs

1. Electronic Messaging Center (EMC) sign, flashing or moving signs, other than barber poles and elements of sculpture, shall not be permitted.

2. Free-standing signs shall not be permitted. unless they are an element of architecture, and in those cases, shall have a maximum height of thirty (30’) feet. Existing businesses which have a *freestanding sign after five (5) years may continue to do so if they modify such signs to meet the following conditions:

a. only one (1) per business.

b. maximum sign area fifty (50) square feet.

c. maximum height from the ground to the top of the sign shall be twenty-five (25).

d. the area around the base of the sign and the sign pole is landscaped. Such landscaping plan shall be approved by the Plan Director of the City Plan Commission.

3. Billboards or off-premise signs shall not be permitted.

4. Signs attached at right angles to a building either in a fixed or swinging position are prohibited.

I. Sign Illumination

1. Signs may be illuminated by back lighting, provided the lettering is lit and not the background. The letters to be back lighted shall not exceed forty-eight (48”) inches in height, providing they are in proportion with the surface and building to which they are applied.

2. Indirect lighting of signs is acceptable providing the source of light does not illuminate more than the sign itself, within reason.

3. Internal lighting (lighting source totally enclosed within sign) methods area acceptable providing the source of light does not illuminate more that the sign itself.

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4. Special consideration shall be given to lighted signed to assure tastefulness, appropriateness and individuality. A light sign shall not illuminate the building, entrance or other building feature.

J. Approval of Signs

Prior to any sign being erected, modified or repainted, the sign owner shall submit a drawing or sketch of the proposed signage to VIVA South Toledo Commercial Revitalization Association Broadway Commercial Corridor District and the Plan Director of the City Plan Commission. The Board of Trustees of the Association Broadway Corridor Coalition shall review and make recommendations to the Plan Director of the Plan Commission within thirty (30) calendar days of receipt of the proposal. The Plan Director shall provide written approval of the proposal prior to the Building Inspection Division issuing any sign permit. The review shall be based upon the standards set forth herein.

K. Fencing

Fencing when visible from a public right-of-way shall be of an ornamental design, such as wrought iron or aluminum tube fencing. Alternative ornamental designs shall be subject to the review of the Broadway Corridor Coalition. Industrial zoned properties shall be exempt from the Broadway Commercial Corridor District fencing requirements. However, industrial zoned properties shall be required to meet industrial fencing design standards as outlined in TMC§1105.0300.

Section IX. Submission and Review of Plans

The administration and enforcement of the VIVA South Toledo Broadway Commercial Corridor C-6 Land Development Standards and Guidelines shall be accomplished in conformance with Chapter TMC§1102.0900 CS Storefront Commercial and Chapter 1104 Use Regulations of the City of Toledo Planning and Zoning Code.

A. A copy of new development, redevelopment, proposed demolitions, and existing building rehabilitation plans, including landscaping, shall be submitted by the developer or building owner to VIVA South Toledo Commercial Revitalization Association the Broadway Corridor

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B. The Board of Trustees of the VIVA South Toledo Commercial Revitalization Association shall be responsible for the review of plans as required by the standards and guidelines. The Board of Trustees Broadway Corridor Coalition (BCC) shall review and make recommendations to the Plan Director of the Plan Commission within thirty (30) calendar days of receipt of the plans by the VIVA South Toledo Commercial Revitalization Association approve, approve with modifications, or disapprove submissions for projects in the Broadway Commercial Corridor District. The BCC shall have a full authority to approve, approve with modifications, or disapprove demolitions in the Broadway Commercial Corridor District.

C. The Plan Director of the City Plan Commission is granted the right to review, approve, modify or reject the plans and specifications for redevelopment or rehabilitation with respect to their conformance with the provisions of the Land Development Standards listed in this document and in order to achieve harmonious development of the VIVA South Toledo C-6 District. Such review and approval shall be concerned with, but not necessarily limited to, urban design standards, site planning architectural treatment, materials and color, signs, parking, lighting, loading and related service areas, landscaping and building plans, elevations, and construction details.

The applicant may appeal decisions on demolitions by the Broadway Corridor Coalition (BCC) or any other interested person to the Plan Commission, in writing, within five business (5) days of the BCC’s recommendation(s). The Plan Commission must hear such appeals within thirty (30) days of the date of receipt of the appeal.

D. The City Plan Commission shall hold a public hearing on:

1. Any items reviewed by the Plan Commission Direction which cost less than twenty-five thousand dollars ($25,000) which are properly appealed to the Commission, and

2. Building site, and development plans involving a total expenditure of more than twenty-five thousand dollars ($25,000) within ninety (90) days after submission.

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If the Broadway Commercial Corridor forwards the submission to the Toledo City Plan Commission, or the decision under these declarations is appealed to the Plan Commission, Toledo City Plan Commission shall review the submission in accordance with the declarations, the Toledo Municipal Code Chapter Eleven and its Rules, and render its decision in writing. The Toledo City Plan Commission shall not arbitrarily or unreasonably withhold its approval of submissions.

E. In the event that the Broadway Commercial Corridor District is no longer official organization for the Old South End then the development plans shall be subject to the Site Plan Review procedures of TMC 1111.0800.

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N GENERAL LOCATION M-1-18 ID 11, 12

N ZONING & LAND USE M-1-18 ID 11, 12

REF: SUP-12004-18 DATE: July 11, 2019

GENERAL INFORMATION

Subject

Request - Special Use Permit for Community Recreation - Active

Location - 4164 Dorr Street

Applicant - Village of Ottawa Hills 2125 Richards Road Toledo, OH 43606

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

Site Description

Zoning - RS12 / Single Dwelling Residential Area - ± 10.203 acres Frontage - ± 482’ along Dorr Street ± 918’ along Richards Road Existing Use - Undeveloped Proposed Use - Athletic fields

Area Description

North - Single-family dwellings / RS12 South - Single-family dwellings / RS6 East - Single-family dwellings / RS12 West - Planned Industrial/Business Park / IP

Parcel History

Z-12004-99 - Zone Change from R-B, Single Family to C-2 Restricted Office for ±16.7 acres located on the northeast corner of Richards Road and Dorr Street (PC recommended approval, with conditions, on 2/10/2000, CC approved, with conditions, on 5/23/2000 by Ord. 301-00 and Ord. 511-00).

4 - 1 REF: SUP-12004-18 . . . July 11, 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 a Special Use Permit for Active Community Recreation for three (3) athletic fields at 4164 Dorr Street. The undeveloped site measures ± 10.203-acres with frontages along Dorr Street and Richards Road. Surrounding land uses include large-lot single- family homes to the north and east, single-family residential and a television station across Dorr Street to the south, and a planned business park to the west across Richards Road.

The applicant is proposing to build three (3) athletic fields, two (2) for soccer and one (1) for lacrosse. A 1,500 square foot building will be the only structure on the site and be used for maintenance, storage of sports equipment, and restrooms. A Special Use Permit is requested for all Active Community Recreation facilities in Residential Districts.

The subject site was part of a larger site approved for a zone change in 2000 to C-2 (now known as CO) Office Commercial District. The approval was contingent upon the conditions that a commercial site plan be reviewed and approved by the Director of the Toledo City Plan Commission, and a commercial plat be approved and recorded. However, the site was never developed, and therefore the site remains RS12 (formerly known as R-B).

Parking and Circulation

Ingress/egress to the site is via one access drive off of Richards Road. The submitted site plan indicates ninety (90) off-street parking spaces. Four (4) of these are reserved for use by persons with physical disabilities. Pursuant to TMC§1107.0600 – Off-Street Parking Schedule “D”; Community Recreation facilities have a wide variety of parking demand characteristics, making it difficult to specify a single off-street parking standard. Therefore, Schedule “D” parking allows the minimum off-street parking requirements to be established via a parking study provided by the applicant. The applicant has not provided a parking study or submitted any documentation indicating the anticipated demand for off-street parking spaces in regard to the number of attendees and rate at which games will be played. As a condition of approval, the applicant shall provide documentation stating the potential number of attendees, hours of operation and the anticipated number of games in a season.

In addition to the minimum number of required off-street and accessible parking, bicycle parking is also required to be provided on site. Per TMC§1107.0300 – Off-Street Parking Schedule “A”, a minimum of one (1) bicycle space shall be provided per ten (10) automobile parking spaces. As a result, the minimum number of bicycle parking is nine (9) spaces. A revised site plan shall be submitted depicting the required bicycle parking and listed as a condition of approval.

4 - 2 REF: SUP-12004-18 . . . July 11, 2019

STAFF ANALYSIS (cont’d)

Landscaping

Per TMC§1108.0202 – Frontage Greenbelt, a greenbelt is required along all frontages that abut public right-of-ways. For properties over five (5) acres and/or those with over 500 feet of frontage, the frontage greenbelt shall be a minimum of thirty feet (30’) wide. The subject site is over ten (10) acres. The frontage greenbelt shall include at least one (1) tree for every thirty feet (30’) of lot frontage and shall also include grass and shrub plantings. Thus, the subject site shall have a minimum of seventeen (17) trees installed within the frontage greenbelt along Dorr Street, and a minimum of thirty-one (31) installed within the frontage greenbelt along Richards Road. No landscape buffer is required along the northern and eastern boundaries as they abut other residentially zoned properties (TMC§1108.0203). An existing split-rail fence will remain along the eastern property boundary and along the Dorr Street and Richards Road frontages.

The submitted landscape plan indicates thirteen (13) trees along Dorr Street and thirty-nine (39) trees along Richards Road. Additionally, the landscape plan depicts a solid shrub row within the frontage greenbelt along both frontages consisting of 211 shrubs. Although the landscape plan included an enhanced greenbelt with shrubs, an additional four (4) trees are required along the Dorr Street frontage. A revised landscape plan shall be submitted indicating full compliance with TMC§1108.0202 for the entire site.

Additionally, pursuant to TMC§1108.0204(B), the total interior landscaping required for parking lots is twenty (20) square feet per parking and stacking space. A parking lot with ninety (90) spaces would require a minimum of 1,800 square feet for interior landscaping provided within the parking lot. Any landscaping required for greenbelt plantings does not account for required interior parking lot landscaping. As stated in TMC§1108.0204(C)(1), two (2) canopy trees and six (6) shrubs are required to be installed in interior parking lot landscape areas for each ten (10) parking spaces within the parking lot. Using the ninety (90) parking spaces proposed, a total of eighteen (18) canopy trees and fifty-four (54) shrubs shall be provided in the interior landscape areas of the parking lot. The landscape plan submitted depicts twenty (20) trees and seventeen (17) shrubs within the parking lot. An additional thirty-seven (37) shrubs shall be installed in the interior parking lot landscaping areas and listed as a condition of approval.

4 - 3 REF: SUP-12004-18 . . . July 11, 2019

STAFF ANALYSIS (cont’d)

Landscaping (cont’d)

Furthermore, perimeter landscaping shall be provided around the parking lot area adjacent to a street, place, or driveway, or which is visible from an immediately adjacent property. Perimeter landscaping must consist of a landscape area at least ten feet (10’) in width, exclusive of sidewalks, walkways, trails, or right-of-way and must be located between the parking lot and the property line. As stated in TMC 1108.0204(C)(2)(a), a perimeter landscape buffer shall be provided abutting the parking area and to visually screen all off-street loading facilities from view of Residential districts and public right-of-ways. A minimum of at least one (1) canopy tree must be provided for each thirty linear feet (30’), plus a continuous shrub with a minimum height of eighteen inches (18”). The landscape plan submitted depicts twenty (20) trees and seventeen (17) shrubs around the parking lot within the perimeter landscaping area. An additional thirty-seven (37) shrubs shall be installed around the parking lot and listed as a condition of approval. A revised landscape plan shall be submitted indicating compliance to TMC§1108.0204.

The applicant is also proposing multiple green infrastructure improvements on site to mitigate stormwater pollution into Ten Mile Creek, a tributary of the Ottawa River. The site plan depicts a dry detention pond with the installation of a StormX netting trash trap used to collect debris and trash from stormwater runoff. Additionally, the site plan depicts the detention area outflowing through a bioswale into Ten Mile Creek as another measure to mitigate runoff pollution. Staff is supportive of these green infrastructure improvements due to the positive impact it will provide to the surrounding environment. Additionally, the proposed stormwater management improvements comply with the regulations of TMC§1108.0206 - Bioretention Areas (Rain Gardens).

Building Design

Pursuant to TMC§1109.0500 – Building Façade Materials and Color, predominate exterior building materials shall be constructed of high-quality materials. For facades visible from the public right-of-way, predominate materials must comprise at least seventy-five percent (75%) of the total wall area of the façade. Exterior building materials shall not include concrete blocks, concrete panels or wood sheet goods as a predominant material.

The site plan submitted depicts a building located on the northwest side of the site that is to be used for restrooms and storage of maintenance equipment. Elevations submitted indicate the building is comprised largely of concrete block, which is not permissible under the Zoning Code. The applicant shall obtain a waiver to TMC§1109.0501(C) or revise the proposed building materials and listed as a condition of approval.

4 - 4 REF: SUP-12004-18 . . . July 11, 2019

STAFF ANALYSIS (cont’d)

Toledo 20/20 Comprehensive Plan

The Toledo 20/20 Comprehensive Plan targets this area for office-research and large lot single-family residential land uses. This is a special district specific to the Scott Park Neighborhood. While the intent of this designation is to accommodate large lot residential, it also includes those nonresidential uses that are compatible with residential areas. These uses are typically schools, places of worship, community centers, etc. The proposed use complies with the future land use designation identified in the 20/20 Comprehensive Plan.

Staff recommends approval of the Special Use Permit because the proposed use meets the stated purpose and complies with all applicable provisions of the Zoning Code. Additionally, the proposed use is compatible with adjacent uses in terms of scale, site design, and operating characteristics (e.g. hours of operation, traffic generation, lighting, noise, odor, dust, and other impacts associated with the use’s operation). Furthermore, the proposed use and improvements will have positive environmental impacts and provide stormwater mitigation for Ten Mile Creek.

STAFF RECOMMENDATION

The staff recommends that the Toledo City Plan Commission recommend approval of SUP-12004-18, a request for a Special Use Permit for Community Recreation – Active for athletic fields at 4164 Dorr Street, to Toledo City Council for the following four (4) reasons:

1. The proposed use meets the stated purpose of the Zoning Code (TMC§1111.0706(A) – Review & Decision-Making Criteria);

2. The proposed use meets all applicable provisions of the Zoning Code (TMC§1111.0706(B) – Review & Decision-Making Criteria);

3. The proposed use is compatible with adjacent uses in terms of scale, site design, and operating characteristics (TMC§1111.0706(C) – Review & Decision-Making Criteria); and

4. The proposed use will have positive land & environmental impacts and will provide mitigation (TMC§1111.0706(F) – Review & Decision-Making Criteria).

The staff recommends the Plan Commission make the following recommendations to the Toledo City Council on the waiver requested for SUP-12004-18, request for a Special Use Permit for Community Recreation – Active, at 4164 Dorr Street.

4 - 5 REF: SUP-12004-18 . . . July 11, 2019

STAFF RECOMMENDATION (cont’d)

Chapter 1109 Building Façade Materials and Color

Sec. 1109.0501 Façade Materials C. Predominant exterior building materials shall not include the following: 1. concrete blocks; 2. smooth-faced tilt-up concrete panels; and 3. wood sheet goods.

Approve a waiver of the prohibited building materials, to allow the use of concrete blocks in the construction of the storage/restrooms building.

The staff further recommends that the Toledo City Plan Commission recommend approval of SUP-12004-18, a request for a Special Use Permit for Community Recreation – Active for athletic fields at 4164 Dorr Street, to Toledo City Council subject to the following forty-seven (47) 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 419-245-1344 Water: Andrea Kroma 419-936-2163 Stormwater Drainage: Lorie Haslinger 419-245-3221; Andy Stepnick 419-245-1338 Sanitary Sewers: Mike Elling 419-936-2276

2. All proposed sidewalk, drive approaches, curb, and pedestrian curb ramps within the public right-of-way shall be constructed in accordance with the City of Toledo Construction Standards, Specifications, Toledo Municipal Code, and Americans with Disabilities Act guidelines.

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

4 - 6 REF: SUP-12004-18 . . . July 11, 2019

STAFF RECOMMENDATION (cont’d)

Division of Engineering Services (cont’d)

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

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. Detailed plans for the water service lines 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. The current version of “WATER GENERAL NOTES FOR CITY OF TOLEDO PRIVATE WATER MAINS, FIRE LAINES AND LARGE SERVICES” shall be included on the plans and can be obtained from the City of Toledo Division of Engineering Services.

9. Water service is available from an 8-inch diameter water main on the west side of Richards Road. The 24-inch diameter water main on the east side of Richards Road is a water transmission main and is not available for domestic usage.

10. All commercial properties are required to have approved backflow protection devices installed on the domestic water service and fire protection lines. Installation of the devices must be verified by the Division of Water Distribution and all devices must be registered with BSIonlinetracking.com @ 800-414-4990. Contact the Division of Water Distribution (419-936-2839) to verify the backflow prevention requirements for this site.

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

12. Contact the City of Toledo Fire Prevention Bureau (419-245-1263) to verify the fire protection requirements for this site. Verify that the hydrant location shown is acceptable to the Toledo Fire Prevention Bureau.

13. 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.

4 - 7

REF: SUP-12004-18 . . . July 11, 2019 STAFF RECOMMENDATION (cont’d)

Division of Engineering Services (cont’d)

14. New fire, domestic, and irrigation taps will be installed by the City of Toledo at the developer’s expense.

15. The site plan could require an increased footprint of on-site stormwater management if the off-site practice (details pending beyond the north limit of this proposal) does not come to fruition by the time of the storm permit approval. Flow of runoff through a wooded area such as this is a recognized management method but must be quantified, meet design requirements, and be set aside to provide this service into perpetuity. If the natural area used for this purpose were to be developed in the future, mitigation would be necessary to replace its function in managing the previous development’s runoff.

16. Permit drawings and calculations shall be submitted for stormwater approval, compliant 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/ and the latest Ohio Construction General Permit.

17. No earth disturbance may take place without an approved storm water pollution prevention plan (SWP3), including the following: • Site grading plan • SWP3 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 post-construction stormwater management practices (BMP’s) • A Notice of Intent (NOI) to the Ohio EPA

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

19. 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.

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

Sewer & Drainage Services

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

4 - 8

REF: SUP-12004-18 . . . July 11, 2019

STAFF RECOMMENDATION (cont’d)

Sewer & Drainage Services (cont’d)

22. S&DS requires that the private sanitary lines (after they have been cleaned) that are not being removed or properly abandoned be televised from the building (or private cleanout) to where they connect with the public sewer system if this has not been done in the past (2) two years. An electronic copy (DVD/memory stick) shall be provided to Sewer & Drainage Services demonstrating the lines cleaning and integrity.

Fire Prevention

23. The Richard Rd. entrance/exit needs to be a minimum of 20 ft. for both the entrance and exit.

Division of Environmental Services

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

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

26. 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.

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

28. 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 Asbestos and the Anti-Noise Laws.

Division of Transportation

29. Three car and one van accessible parking space must meet minimum dimension requirements 9’ x 18’ with abutting 5’ aisle for car and 8’ aisle for van per TMC 1107.

4 - 9 REF: SUP-12004-18 . . . July 11, 2019 STAFF RECOMMENDATION (cont’d)

Division of Transportation (cont’d)

30. Nine bicycle parking spaces required per TMC 1107.

31. New sidewalks required along Dorr Street and Richards Road per TMC 1107.

32. Any old curb cut and driveway apron not being utilized to be removed (specifically one is located on Richards Road). Replace with new curb to match existing adjacent curbing and new grass where driveway apron was removed.

33. Any old curb cut and driveway apron not being utilized to be removed (specifically one is located on Richards Road). Replace with new curb to match existing adjacent curbing and new grass where driveway apron was removed.

Plan Commission

34. The building design shall meet the requirements of TMC§1109.0500 Building Façade Materials and Color. For facades visible from the public right-of-way, predominant materials must comprise at least seventy-five percent (75%) of the total wall area of the façade. Exterior building materials shall not include concrete blocks, concrete panels or wood sheet goods as a predominant material. Not acceptable as depicted on elevations submitted. The Applicant shall obtain a waiver of TMC§1109.0501(C), of the prohibitive building materials, to allow the use of concrete blocks in the construction of the storage/restrooms building.

35. Facade colors shall be low-reflectance, subtle, neutral or earth tone colors. Building trim and accent areas may feature brighter colors, including primary colors subject to the approval of the Planning Director.

36. Per TMC§1107.0600 – Off-Street Parking Schedule “D”, the applicant shall submit an off-street parking study. Applicant shall provide documentation stating the potential number of attendees, hours of operation and the anticipated number of games in a season.

37. 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.

38. Bicycle parking slots shall be provided pursuant to Off-Street Parking Schedule “A” (TMC§1107.0300), which requires one (1) bicycle parking slot per ten (10) parking spaces. Not acceptable as depicted on site plan. A total of nine (9) bicycle parking slots shall be provided on site and depicted on a revised site plan.

4 - 10

REF: SUP-12004-18 . . . July 11, 2019 STAFF RECOMMENDATION (cont’d)

Plan Commission (cont’d)

39. The applicant has indicated that no trash dumpsters are intended to be located on the site. In the event there are dumpsters, the 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.

40. Whenever a parking lot extends to a property line, sidewalk, planting strip, or building, a wheel stop device consisting of a concrete stop, a permanent concrete curb, an expanded sidewalk or other suitable restraint as approved by the Planning Director must be installed to prevent any part of a parked motor vehicle from extending beyond the property line, overhanging a pedestrian walkway or sidewalk, or damaging any structure or landscaping (TMC§1107.1907(A)).

41. 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).

42. 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. For properties over five (5) acres and/or those with over 500 feet of frontage, the frontage greenbelt shall be a minimum of thirty (30) feet wide measured perpendicular from the street or place right-of-way abutting the property. The frontage greenbelt shall include at least one (1) tree for every thirty-feet (30’) of lot frontage and shall also include grass and shrub plantings. The subject site shall have a minimum of seventeen (17) trees installed within the frontage greenbelt along Dorr Street, and a minimum of thirty-one (31) installed within the frontage greenbelt along Richards Road. A revised landscape plan shall be submitted indicating compliance with the required frontage greenbelts.

b. Two canopy trees and six shrubs are required to be installed in interior landscape areas for each 10 parking spaces within the parking lot (existing trees may be used for credits); shall be noted on revised landscaping plan.

c. The location, height and materials for any fencing to be installed and maintained; if applicable.

d. All parking spaces must be within 100 linear feet of a landscaped area.

4 - 11

REF: SUP-12004-18 . . . July 11, 2019 STAFF RECOMMENDATION (cont’d)

Plan Commission (cont’d)

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

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.

g. Perimeter landscaping must be installed along any parking lot area adjacent to a street, place or driveway, or which is visible from an adjacent property, and shall be ten feet (10’) in width; shall be noted on revised landscaping plan.

h. The location, number, height, diameter and species of any materials to be planted and maintained, as well as the location and number of any existing trees to be retained, trees, shrubs, and landscape materials shall meet the standards included in TMC 1108.0400 Landscape Materials Standards; acceptable as depicted on landscaping plan.

i. The location, height and materials for any fencing to be installed and maintained. Pursuant to TMC§1105.0301(A), fences may not exceed 3½ feet (42”) in height in the required front (20’) setback; and

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

43. 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.

44. 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.

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

46. Minor adjustments to the Site Plan that do not violate the above conditions, or the Toledo Municipal Code, may be reviewed and approved by the Director of the Toledo City Plan Commission.

4 - 12 REF: SUP-12004-18 . . . July 11, 2019 STAFF RECOMMENDATION (cont’d)

Plan Commission (cont’d)

47. 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-12004-18 DATE: July 11, 2019 TIME: 2:00 P.M.

CITY COUNCIL ZONING AND PLANNING COMMITTEE DATE: August 14, 2019 TIME: 4:00 P.M.

RS/DD Nine (9) sketches follow

4 - 13 GENERAL LOCATION SUP-12004-18 ID 81

4 - 14 ZONING AND LAND USE SUP-12004-18 ID 81

4 -15 SITE PLAN SUP-12004-18 ID 81

4 - 16 SUP-12004-18 LANDSCAPE PLAN ID 81

4 -17 ELEVATION (NORTH) SUP-12004-18 ID 81 4 - 1 8 ELEVATION (SOUTH) SUP-12004-18 ID 81 4 - 1 9 ELEVATION (EAST) SUP-12004-18 ID 81 4 - 20 ELEVATION (WEST) SUP-12004-18 ID 81 4 - 2 1 OH REC BUILDING 2-3 SUP-12004-18 ID 81 4 - 2 REF: Z-5004-19 DATE: July 11, 2019

GENERAL INFORMATION

Subject

Request - Zone Change from IL Limited Industrial, IG General Industrial & RD6 Duplex Residential to POS Parks & Open Space

Location - Site generally bounded by Bassett Street, Chase Street, Suder Avenue, CSX RR, and New York Avenue; the Manhattan Marsh Metropark.

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

Site Description

Zoning - IL, IG & RD6 / Limited Industrial, General Industrial & Duplex Residential Area (Total) - ± 70 Acres Frontage - ± 700’ along Suder Avenue ± 1,000’ along Bassett Street ± 1,000’ along Ontario Street ± 200’ along Manhattan Boulevard Dimensions - ± 3,300’ x 2,500’ x 2,700’ Existing Use - Vacant, open space Proposed Use - New metro park

Area Description

North - Railroad tracks, single-family homes / RD6 East - TFD Station, senior living apartments / RD6 South - Chase Elementary, single-family homes / RD6 & RS6 West - Railroad tracks, single-family homes, distribution warehouse / IG

Combined Parcel History

V-235-18 - Right-of-Way Vacation at a site bounded by Bassett Street, Chase Street, Suder Avenue, CSX RR, and New York Avenue for the Manhattan Marsh Metropark (PC approved on 08-09-2018, CC approved on 11-14-2018, awaiting Ord.). 5 – 1 REF: Z-5004-19… July 11, 2019

GENERAL INFORMATION (cont’d)

Combined Parcel History (cont’d)

SPR-43-18 - Minor Site Plan Review for new Metropark at 510 Clifford Street. (Admin. approval on 01-28-2019).

Z-5005-19 - Zone change from IL, IG, and RD6 to POS at a site bounded by Bassett Street, Chase Street, Suder Ave, CSX RR, and New York Avenue for the Manhattan Marsh Metropark (Companion Case).

Applicable Plans and Regulations

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

STAFF ANALYSIS

The Metroparks is requesting a Zone Change from IL Limited Industrial, IG General Industrial and RD6 Duplex Residential to POS Park & Open Space at the Manhattan Marsh Metropark, an area bounded by the former Detroit-Toledo Shoreline RR to the west, the former Toledo Terminal RR to the north, Suder Avenue to the east, Ontario Street, Chase Street, Michigan Street, Bassett Street, Edison Street, and New York Avenue to the south of the subject site. The Manhattan Marsh Metropark is approximately ±70 acres and the majority is located within the 100-year floodplain. Surrounding land uses include single-family houses across the railroad tracks to the north, single- family houses and a senior living center to the east, Chase Elementary and single-family houses to the south, and single-family houses to the west bounded by railroad tracks.

The Metroparks is requesting the Zone Change in order to construct the Manhattan Marsh Metropark. All rights-of-way on the site are being vacated (V-235-18) and a Minor Site Plan review (SPR-43-18) was approved to construct and operate the metro park. The site plan submitted identifies park amenities including walking paths, boardwalks, scenic overlooks, interpretive signage, a picnic facility, restrooms, and a twenty (20) space parking lot. A Zone Change request (Z-5005-19) accompanies this case to rezone vacant, unbuildable, private properties to POS Parks & Open Space. The metro park will be Passive Community Recreation which is defined as areas used or designed for individual sports and recreation uses of a passive nature. Typical uses include golf courses; hiking, bicycle and equestrian trails; greens and commons; sitting areas; picnic areas; botanical gardens; arboretums; conservatories; and natural wildlife or plant habitat areas (TMC§1116.0209(B)). Passive recreation is permitted in all Toledo districts. The proposed Zone Change also aligns with the Metroparks’ organizational goal to provide a natural based Metropark within five (5) miles of every resident in Lucas County.

5 - 2 REF: Z-5004-19… July 11, 2019

STAFF ANALYSIS (cont’d)

Toledo 20/20 Comprehensive Plan

The Toledo 20/20 Comprehensive Plan future land use designation targets the proposed Zone Change area for POS Parks and Open Space. POS Parks and Open Space Districts are intended to preserve and enhance major open space and recreational areas. The POS District may also be applied to privately-owned open space areas within residential developments. Typical developments include parks, golf courses, racetracks, marinas, and other areas containing recreational open space and facilities. Based on the nature of the site and its location, the proposed Zone Change is consistent with the future land use designation identified in the Toledo 20/20 Comprehensive Plan.

Staff recommends approval of the Zone Change from IL Limited Industrial, IG General Industrial and RD6 Duplex Residential to POS Park & Open Space because the proposed zoning conforms to the Toledo 20/20 Comprehensive Plan. Additionally, the proposed Zone Change is compatible with properties within the general vicinity of the subject property. Finally, the physical suitability of the subject site and the uses permitted under the proposed Zone Change are compatible with uses in the existing zoning classification.

STAFF RECOMMENDATION

The staff recommends that the Toledo City Plan Commission recommend approval of Z- 5004-19, a request for Zone Change from IL Limited Industrial, IG General Industrial and RD6 Duplex Residential to POS Park & Open Space for a ±70-acre site for the Manhattan Marsh Metropark, generally bounded by the former Detroit-Toledo Shoreline RR, the former Toledo Terminal RR, Suder Avenue, Ontario Street, Chase Street, Michigan Street, Bassett Street, Edison Street, and New York Avenue, to Toledo City Council for the following three (3) reasons:

1. The proposed Zone Change conforms to the Toledo 20/20 Comprehensive Plan (TMC§1111.0606(A) – Review & Decision-Making Criteria).

2. The proposed Zone Change is compatible with zoning classifications of properties within the general vicinity of the subject property (TMC§1111.0606(C) – Review & Decision- Making Criteria).

3. The physical suitability of the subject site and the uses permitted under the proposed Zone Change are more compatible than uses in the existing zoning classification (TMC§1111.0606(D) – Review & Decision-Making Criteria).

5 - 3 REF: Z-5004-19… July 11, 2019

ZONE CHANGE TOLEDO PLAN COMMISSION REF: Z-5004-19 DATE: July 11, 2019 TIME: 2:00 P.M.

TOLEDO CITY COUNCIL ZONING AND PLANNING COMMITTEE DATE: August 14, 2019 TIME: 4:00 P.M.

RS/DD Two (2) sketches follow

5 - 4 GENERAL LOCATION Z-5004-19 ID 2

5 - 5 ZONING AND LAND USE Z-5004-19 ID 2

5 - 6 REF: Z-5005-19 DATE: July 11, 2019

GENERAL INFORMATION

Subject

Request - Zone Change from IL Limited Industrial & RD6 Duplex Residential to POS Parks & Open Space

Location - 123 Alpena Street; 708 Adrian Street; 917 Pontiac Street; 3084, 3092, 3100, and 3336 Edison Street; and, 3120, 3130, 3136, and 3146 Joseph Street

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

Site Description

Zoning - IL & RD6 / Limited Industrial & Duplex Residential Area (Total) - ±1.43 Acres Frontage - Unimproved right-of-way (pending vacation) Dimensions - Various size lots Existing Use - Vacant, unbuildable, private property Proposed Use - New metro park

Area Description

North - Open space, rail tracks, single-family homes / RD6 East Open space, TFD Station, senior living / RD6 South - Open space, Chase Elementary, single-family homes / RD6 & RS6 West - Open space, rail tracks, single-family homes, warehouse / IG

Combined Parcel History

SPR-43-18 - Minor Site Plan Review for the Manhattan Marsh Metropark at 510 Clifford Street. (Admin. approval on 01-28-2019).

6 - 1 REF: Z-5005-19… July 11, 2019

GENERAL INFORMATION (cont’d)

Combined Parcel History (cont’d)

Z-5004-19 - Zone Change from IL, IG & RD6 to POS at a site generally bounded by Bassett Street, Chase Street, Suder Avenue, CSX RR, and New York Avenue, for the Manhattan Marsh Metropark (Companion Case).

Applicable Plans and Regulations

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

STAFF ANALYSIS

On June 13, 2019, the Toledo City Plan Commission approved a motion to request a Zone Change from IL Limited Industrial and RD6 Duplex Residential to POS Park & Open Space for the eleven (11) landlocked parcels (123 Alpena Street; 708 Adrian Street; 917 Pontiac Street; 3084, 3092, 3100, and 3336 Edison Street; and, 3120, 3130, 3136, and 3146 Joseph Street) surrounded by property owned by the Metropark District of the Toledo Area (the Metroparks). The Toledo City Plan Commission is requesting the Zone Change on behalf of the eleven (11) landlocked parcels which are privately owned. Pursuant to TMC§1111.0101(B), review and decision-making bodies may initiate action with or without an application from the property owner. The combined parcels are approximately ±1.43-acres and most are located within the 100- year floodplain. Surrounding land uses outside of the proposed park include single-family houses across the railroad tracks to the north, single-family houses and a senior living center to the east, Chase Elementary and single-family houses to the south, and single-family houses to the west bounded by railroad tracks.

The Toledo City Plan Commission is requesting the Zone Change to allow the Metroparks to construct the Manhattan Marsh Metropark. All rights-of-way on the site are being vacated (V- 235-18) and a Minor Site Plan Review (SPR-43-18) was approved to construct and operate the metro park. The site plan submitted identifies park amenities including walking paths, boardwalks, scenic overlooks, interpretive signage, a picnic facility, restrooms, and a twenty (20) space parking lot. A Zone Change request (Z-5004-19) accompanies this case to rezone the property currently owned by the Metroparks to POS Parks & Open Space. The proposed metro park will be considered Passive Community Recreation which is defined as areas used or designed for individual sports and recreation uses of a passive nature. Typical uses include golf courses; hiking, bicycle and equestrian trails; greens and commons; sitting areas; picnic areas; botanical gardens; arboretums; conservatories; and natural wildlife or plant habitat areas (TMC§1116.0209(B)). Passive recreation is permitted in all Toledo zoning districts. The proposed Zone Change request aligns with the Metroparks’ organizational goal to provide a natural based metro park within five (5) miles of every resident in Lucas County.

6 - 2 REF: Z-5005-19… July 11, 2019 STAFF ANALYSIS (cont’d)

Toledo 20/20 Comprehensive Plan

The Toledo 20/20 Comprehensive Plan future land use designation targets the proposed area for POS Parks and Open Space. POS Parks and Open Space Districts are intended to preserve and enhance major open space and recreational areas. The POS District may also be applied to privately-owned open space areas within residential developments. Typical developments include parks, golf courses, racetracks, marinas, and other areas containing recreational open space and facilities. Based on the nature of the site and its location, the proposed Zone Change is consistent with the future land use designation identified in the Toledo 20/20 Comprehensive Plan.

Staff recommends approval of the Zone Change from IL Limited Industrial and RD6 Duplex Residential to POS Park & Open Space because the proposed Zone Change is compatible with properties within the general vicinity of the subject property. Additionally, the physical suitability of the subject site and the uses permitted under the proposed Zone Change are compatible with uses in the existing zoning classification. Finally, the proposed zoning conforms to the Toledo 20/20 Comprehensive Plan.

STAFF RECOMMENDATION

The staff recommends that the Toledo City Plan Commission recommend approval of Z- 5005-19, a request for Zone Change from IL Limited Industrial and RD6 Duplex Residential to POS Park & Open Space for the properties of 123 Alpena Street; 708 Adrian Street; 917 Pontiac Street; 3084, 3092, 3100, and 3336 Edison Street; and, 3120, 3130, 3136, and 3146 Joseph Street, landlocked within the Manhattan Marsh Metropark to Toledo City Council for the following three (3) reasons:

1. The proposed Zone Change conforms to the Toledo 20/20 Comprehensive Plan (TMC§1111.0606(A) – Review & Decision-Making Criteria);

2. The proposed Zone Change is compatible with zoning classifications of properties within the general vicinity of the subject property (TMC§1111.0606(C) – Review & Decision- Making Criteria); and

6 - 3 REF: Z-5005-19… July 11, 2019 ZONE CHANGE TOLEDO PLAN COMMISSION REF: Z-5005-19 DATE: July 11, 2019 TIME: 2:00 P.M.

TOLEDO CITY COUNCIL ZONING AND PLANNING COMMITTEE DATE: August 14, 2019 TIME: 4:00 P.M.

RS/DD Two (2) sketches follow

6 - 4

GENERAL LOCATION Z-5005-19 ID 2

6 - 5

ZONING AND LAND USE Z-5005-19 ID 2

6 - 6 REF: Z-5007-19 DATE: July 11, 2019

GENERAL INFORMATION

Subject

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

Location - 10 Larc Lane, 2145 and 2146 Garden Lake Drive, 1154 and 1155 Larc Lane, and 2170 Aberdeen Avenue (Rear, Parcel ID: 1807589)

Applicant - Lucas County Board of Commissioners One Government Center, Suite 800 Toledo, OH 43604

Site Description

Zoning - RS6 Single-Dwelling Residential Area (Total) - ±23.56 Acres Frontage - ±725’ and ±950’ along Larc Lane ±875’ along Garden Lake Drive ±245’ along Opal Street Existing Use - Offices for Lucas County Board of Developmental Disabilities Proposed Use - Offices for Lucas County Board of Developmental Disabilities

Area Description

North - Supportive housing and apartments / RM24 & RM12 East - Apartments and warehouse / RM12 & IL South - Single-family homes and railroad track / RS6 West - Multi-family housing and government offices / RS6

Combined Parcel History

SPR-29-09 - Minor site plan review for parking lot expansion at 1155 Larc Lane.

SPR-11-18 - Minor site plan review for new parking lot at 1155 Larc Lane.

T-73-16 - Lot split for 5.416 acre parcel and 5.163 acre parcel. Staff approved 10/03/16. Pending recording. 7 - 1

REF: Z-5007-19… July 11, 2019

GENERAL INFORMATION (cont’d)

Applicable Plans and Regulations

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

STAFF ANALYSIS

The Lucas County Board of Commissioners is requesting a Zone Change from RS6 Single- Dwelling Residential to CO Office Commercial for the ±23.56 acre site located at 10 Larc Lane, 2145 and 2146 Garden Lake Drive, 1154 and 1155 Larc Lane, and 2170 Aberdeen Avenue (Rear, Parcel ID: 1807589). The site is the location of the administrative offices and maintenance facilities for the Lucas County Board of Developmental Disabilities. Surrounding land uses include supportive housing and apartments to the north, apartments and a light industrial warehouse the east, single-family homes and a railroad track to the south, and multi-family housing and government offices to the west.

The applicant is requesting the Zone Change to correct the non-conforming land use of the properties. The primary usage of the site has been administrative offices since 2006. The current zoning is RS6 Single-Dwelling Residential, which does not permit administrative and professional offices per the TMC§1104.0100 Use Table. The site was used for a variety of purposes since its initial development. Previous uses include a school for children with developmental disabilities, senior living, as well as children’s services. The Lucas County Board of Developmental Disabilities plans to relocate the Educare program to this location in the future, and the proposed Zone Change will allow for this development.

Toledo 20/20 Comprehensive Plan

The Toledo 20/20 Comprehensive Plan future land use designation targets the proposed area for IC Institutional Campus. The IC Institutional Campus designation is intended to accommodate large institutional uses in a campus-like setting, such as hospital, schools, and colleges. The IC Institutional Campus 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. Based on the nature of the site and its location, the proposed Zone Change is consistent with the future land use designation identified in the Toledo 20/20 Comprehensive Plan.

Staff recommends approval of the Zone Change from RS6 Single-Dwelling Residential to CO Office Commercial because the proposed Zone Change is consistent with the Comprehensive Plan and the stated purpose of the Zoning Code. Additionally, the proposed Zone Change is compatible with existing land uses within the general vicinity of the subject property. Finally, the physical suitability of the subject properties and the uses permitted under the proposed Zone Change are compatible with uses in the proposed zoning classification.

7 - 2

REF: Z-5007-19… July 11, 2019

STAFF RECOMMENDATION

The staff recommends that the Toledo City Plan Commission recommend approval of Z- 5007-19, a request for Zone Change from RS6 Single-Dwelling Residential to CO Office Commercial at 10 Larc Lane, 2145 and 2146 Garden Lake Drive, 1154 and 1155 Larc Lane, and 2170 Aberdeen Avenue (Rear, Parcel ID: 1807589) to Toledo City Council for the following three (3) reasons:

1. The proposed Zone Change conforms to the Toledo 20/20 Comprehensive Plan (TMC§1111.0606(A) – Review & Decision-Making Criteria);

2. The existing land uses within the general vicinity of the subject site (TMC§1111.0606(B) – Review & Decision-Making Criteria); and

ZONE CHANGE TOLEDO PLAN COMMISSION REF: Z-5007-19 DATE: July 11, 2019 TIME: 2:00 P.M.

TOLEDO CITY COUNCIL ZONING AND PLANNING COMMITTEE DATE: August 14, 2019 TIME: 4:00 P.M.

RS/DD Two (2) sketches follow

7 - 3 GENERAL LOCATION Z-5007-19 ID 34

7 - 4 ZONING AND LAND USE Z-5007-19 ID 34

7 - 5

BLANK PAGE

REF: Z-5008-19 DATE: July 11, 2019

GENERAL INFORMATION

Subject

Request - Zone Change from IL Limited Industrial to CD Downtown Commercial at 436 13th Street and 435 12th Street

Applicant - William Sattler Madhouse Properties 1215 Jackson Street Toledo, OH 43604

Attorney - David P. Mann, Esq. Marshall & Melhorn, LLC Four Seagate, 8th Floor Toledo, OH 43604

Site Description

Zoning - IL Limited Industrial –UUNO Uptown Urban Neighborhood Overlay & -DOD Downtown Overlay District Area - ± .51 Acres Frontage - ± 183 Feet along 13th Street ± 54.5 Feet along 12th Street Existing Use - Office/Warehouse Proposed Use - Office/Studio

Area Description

North - Office, Mixed Use, & Open Space / IL Limited Industrial & CD Downtown Commercial South - Credit Union / CD Downtown Commercial East - Outdoor Storage & Parking Lot / IL Limited Industrial West - Multi-Dwelling Residential & Open Space / IL Limited Industrial

8 - 1 REF: Z-5008-19. . . July 11, 2019

GENERAL INFORMATION (cont’d)

Parcel History

No parcel history on record

Applicable Plans and Regulations

• Toledo Municipal Code, Part Eleven: Planning and Zoning Code • Toledo 20/20 Comprehensive Plan • Toledo Uptown Plan 2013 • Downtown Toledo Master Plan 2017

STAFF ANALYSIS

The request is a Zone Change from IL Limited Industrial to CD Downtown Commercial at 436 13th Street and 435 12th Street. The applicant plans to relocate their current office and headquarters at 1215 Jackson Street and is requesting a zoning designation that better reflects the changing conditions in the Uptown neighborhood. Last month the applicant requested the Vacation of a paper alley between 13th and 14th Streets in order to consolidate property in the area.

The property is located in the UpTown Urban Neighborhood Overlay (UUNO) and is within the Toledo Uptown Plan and the Downtown Toledo Master Plan areas. These documents promote the redevelopment of an urban neighborhood with an emphasis on street level windows, rear parking lots, and pedestrian-oriented site design features, while encouraging public art and green infrastructure. The reuse of the grassy open space parcel at 435 12th Street is not known at this time, but it should be noted that the construction on new parking lots having frontage on a street is prohibited TMC 1103.1611.B.

The Toledo 20/20 Plan recommends this site for Downtown Commercial uses. This designation reflects the role of downtown as a diverse collection of commercial, governmental, cultural and entertainment uses. Land uses that accommodate mixed-use pedestrian friendly development in larger buildings, with higher coverage ratios are encouraged. The request is consistent with this designation.

STAFF RECOMMENDATION

The staff recommends that the Toledo City Plan Commission recommend approval of, a Zone Change from IL Limited Industrial to CD Downtown Commercial at 436 13th Street and 435 12th Street, to Toledo City Council for the following two (2) reasons:

1. The request is consistent with the Toledo 20/20 Comprehensive Plan 1111.0606.A; and

8 - 2 REF: Z-5008-19. . . July 11, 2019

STAFF RECOMMENDATION (cont’d)

2. The request better reflects the changing conditions in the Uptown neighborhood.

ZONE CHANGE TOLEDO PLAN COMMISSION REF: Z-5008-19 DATE: July 11, 2019 TIME: 2:00 P.M.

CITY COUNCIL COMMITTEE OF ZONING AND PLANNING DATE: August 14, 2019 TIME: 4:00 P.M.

JL Two (2) sketches follow

8 - 3

GENERAL LOCATION Z-5008-19 ID 09

8 - 4

ZONING AND LAND USE Z-5008-19 ID 09

8 - 5

BLANK PAGE REF: SUP-5006-19 DATE: July 11, 2019

GENERAL INFORMATION

Subject

Request - Special Use Permit for a School

Location - 874 Orchard Street

Applicant - Western Ave Baptist Church of Toledo 874 Orchard Street Toledo, OH 43609

Contact Person - Robert Welly 2612 Keygate Drive Apartment 9 Toledo, OH 43697

Engineer - Midwest Church Design + Construction 634 Eckel Road Perrysburg, OH 43551

Site Description

Zoning - RD6 / Duplex Residential Area - ± 1.00 acres Frontage - ± 159’ along Broadway Street ± 194’ along Orchard Street Existing Use - Mosaic Ministries Community Center Proposed Use - Pre-Kindergarten and Kindergarten-8 School Required Parking - 17-26 spaces Proposed Parking - 39 spaces Neighborhood Org. - Broadway Corridor Coalition

9 -1

REF: SUP-5006-19. . . July 11, 2019

GENERAL INFORMATION (cont’d)

Area Description

North - Single and Two-family Dwellings / RD6 East - Eclectic Mixed Use / CS South - Vacant Commercial Property / CS West - Two-family Dwellings / RD6

Parcel History

Z-4087-94 - Zone Change from R-3 Two-Family Residential to C-3 Commercial

M-1-17 - Assist, review, and adoption of the Old South End Master Plan. (Originally Adopted on 1/31/1984 by Ord. 64-84. Last updated on 12/12/04 by Ord. 827- 04)

Applicable Plans and Regulations

• Toledo Municipal Code Part Eleven: Planning and Zoning • Toledo 20/20 Comprehensive Plan • Old South End Master Plan • C-6 Viva South Toledo Neighborhood Business District

STAFF ANALYSIS

The applicant, Western Ave Baptist Church of Toledo, is requesting a Special Use Permit to operate a Pre-Kindergarten and Kindergarten-8 school at an existing school building located at 874 Orchard Street. The ± 1.00 acre site is zoned RD6. A school is a permitted use in this zoning district, subject to the approval of a Special Use Permit. The property has recently been occupied by a community center operated by Mosaic Ministires. Mosaic Ministries will be moving to their new location at 1623 Broadway Street, making this site available. Surrounding land uses include single and two-family homes to the north and west, as well as an eclectic variety of commercial and mixed use structures with scattered vacancies along Broadway Street to the south and east.

9 - 2

REF: SUP-5006-19. . . July 11, 2019

STAFF ANALYSIS (cont’d)

Parking and Circulation

The site is currently accessed via one (1) curb cut from Broadway Street to the east. The site plan calls for the existing asphalt to remain, and for new striping within the parking lot. Pursuant to TMC§1107.0304 – Parking, Loading, and Access: Schedule A, an Elementary and Middle School is required to have one (1) parking space per faculty member plus one (1) space per three (3) staff members plus one (1) space per fifty (50) students for student drop-off and pick- up. Additionally, one (1) bicycle slot is required per three (3) students plus one (1) bicycle slot per ten (10) parking space for faculty and staff. The applicant is planning to have between 90 and 120 students, 7 teachers, and 17 staff members. This would require a minimum of seventeen (17) off- street parking spaces and forty-two (42) bicycle slots, and a maximum of twenty-six (26) parking spaces. The site plan depicts thirty-nine (39) parking spaces for the school, separate from another ten (10) parking spaces reserved for 1623 Broadway Street, the new location of Mosaic Ministries. This shared parking agreement was accomplished as a part of a SUP-3002-19, the case managing the relocation of Mosaic Ministries.

Landscaping

The site was developed before the 2004 zoning code, so full compliance is not required. TMC§1114.0500 requires futures changes to bring a site closer into compliance with the 2004 code. The existing structure and parking lot occupy the entire site, therefore the applicant proposed to add additional landscaping along Orchard Street, which is acceptable. Additionally, as listed in condition #21, decorative fencing must be installed along Orchard Street and along Broadway Street.

Broadway Corridor/Old South End Overlay

The property is located within the Broadway Corridor/Old South End Master Plan which was adopted in 2017 to replace the Corridor Overlay Plan updated for the VIVA South CDC in 2004. The Old South End Master Plan highlights the Orchard Street Node. Key elements of the concept which can be achieved by this application include:

• Reconfiguration of the intersection of Broadway and Orchard to improve safety and create green space around the Mosaic Ministries and Early Childhood Center. (Note- this is the site of this application) • Enhanced right-of-way landscaping and new gateway element.

9 - 3 REF: SUP-5006-19. . . July 11, 2019

STAFF ANALYSIS (cont’d)

These goals will be partially achieved, and the site will be brought closer to compliance with Toledo Municipal Code’s Landscaping and Screening standards from Chapter 1108 because of the applicant’s improved landscaping and decorative fence which is required under condition #21.

Toledo 20/20 Comprehensive Plan

The Toledo 20/20 Comprehensive Plan targets this site for urban village development. Toledo 20/20 recommends for southside: enforcing the housing code aggressively; encouraging infill housing, where appropriate; and developing strong, economically viable and diverse neighborhood commercial activity along Broadway. The Future Land Use Map shows this site as Urban Village. A school is an appropriate use of an existing educational building to achieve these future goals.

Staff recommends approval of this Special Use Permit because the use meets the stated purpose of the zoning code, and is compatible with adjacent uses in terms of scale, site design, and operating characteristics. The site has historically been a school and will provide a service to the neighborhood. Additionally, the applicant will be bettering the layout of the site through landscape improvements.

STAFF RECOMMENDATION

The staff recommends that the Toledo City Plan Commission recommend approval of SUP-5006-19, a request for a Special Use Permit for a School at 874 Orchard Street, to Toledo City Council for the following two (2) reasons:

1. The proposed use meets the stated purpose of this Zoning Code (TMC§1101.0400)

2. The proposed use is compatible with adjacent uses in terms of scale, site design, and operating characteristics.

9 - 4 REF: SUP-5006-19. . . July 11, 2019

STAFF RECOMMENDATION (cont’d)

Division of Engineering Services

1. A pre-submittal meeting is not required, however one may be requested. Contact information is as follows: Division of Engineering Services: ph. 419-245-1315, fax 419-936-2850 Right-of-Way and Inspection: Joe Warnka 419-245-1341 Roadway: Tim Grosjean 419-245-1344 Water: Andrea Kroma 419-936-2163 Stormwater Drainage: Lorie Haslinger 419-245-3221; Andy Stepnick 419-245- 1338 Sanitary Sewers: Mike Elling 419-936-2276

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 - 5 REF: SUP-5006-19. . . July 11, 2019

STAFF RECOMMENDATION (cont’d)

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. Any site with an existing building, or proposed addition or additional building: 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.

Division of Transportation

10. Wheel stops required at all parking spots that abut sidewalks, buildings and property lines per TMC§1107

11. Bicycle parking spaces required per TMC§1107.0300. One (1) bicycle slot per three (3) students plus one (1) bicycle slot per ten (10) parking spaces for faculty and staff.

12. All parking spaces need to be a minimum of nine (9) feet by eighteen (18) feet, and clearly dimensioned per TMC§1107.

13. Two (2) and two (2) van accessible parking spaces must meet the minimum dimension requirements. (9) feet by eighteen (18) feet with abutting five (5) foot aisle for car and eight (8) foot aisle for van per TMC§1107

14. Parking spots are not allowed to perpendicularly abut other parking spots the two (2) parking spots at the northeast corner of the building, which abut the adjacent parking spot, are not allowed. These two spots shall be replaced with a curbed landscape island or re-striped with hatched lines to delineate “no parking.”

9 - 6

REF: SUP-5006-19. . . July 11, 2019

STAFF RECOMMENDATION (cont’d)

Department of Public Utilities

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

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

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

18. 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.

19. Any effort made to plan non-invasive trees, shrubs and perennials is highly encouraged.

20. 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.

Plan Commission

21. A decorative fence shall be installed to replace the existing chain-link fence along the Orchard Street and Broadway Street frontages and surrounding the existing playground. This fence shall be comprised of heavy gauge metal or other decorative material. Fencing shall be anchored by two (2) brick or masonry columns flanking the entrance to the site along Broadway Street and one (1) column at the corner of Broadway Street and Orchard Street. Staff recommends additional brick or masonry columns supporting fencing around the perimeter of the site, as approved by the Plan Director. The location, height, and materials for this fencing shall be shown in a revised site plan.

22. 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.

9 - 7

REF: SUP-5006-19. . . July 11, 2019

STAFF RECOMMENDATION (cont’d)

23. 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.

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

25. 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.

26. 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-5006-19 DATE: July 11, 2019 TIME: 2:00 P.M.

CITY COUNCIL ZONING AND PLANNING COMMITTEE DATE: August 14, 2019 TIME: 4:00 P.M. ML / MM Three (3) sketches follow

9 - 8 SUP-5006-19 GENERAL LOCATION ID 12

9 - 9

SUP-5006-19 ZONING AND LAND USE ID 12

9 - 10 SITE PLAN SUP-5006-19 N ID 12 9 -

BLANK PAGE REF: SUP-5003-19 DATE: July 11, 2019

GENERAL INFORMATION

Subject

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

Location - 3132 Secor Road

Applicant - Empowered for Excellence 3170B W. Central Ave Toledo, OH 43606

Engineer - George V. Oravecz Oravecz & Associates 5333 Secor Road, Suite 2 Toledo, OH 43623

Site Description

Zoning - CR / Regional Commercial Area - ± 1.53 acres Frontage - ± 36’ along Secor Road Existing Use - Non-residential Drug & Alcohol Treatment Center Proposed Use - Residential Drug & Alcohol Treatment Center Required Parking - 4 spaces (1 space per 2 employees, 6-8 employees) Proposed Parking - 299 spaces total in a shared lot

Area Description

North - Parking Lot for Home Depot, Home Depot, Popeye’s / CR South - Cemetary, Medical Office, BP Station / CR East - Medical Office, Vacant Office, Vito’s Pizza / CR West - McDonalds, Batteries + Bulbs / CR

Parcel History

S-17-78 - Preliminary drawing for Westgate Meadows (6/12/1978)

BSP-1-78 - Permission to erect more than one main building (4/24/1978) 10 - 1 REF: SUP-5003-19… July 11, 2019

GENERAL INFORMATION (cont’d)

S-34-78 - Preliminary drawing for Westgate Meadows (11/27/1978)

M-11-80 - Review of site plan in Westgate Meadows Commercial Plat (3/6/1980)

T-152-97 - Deed Transfer, Westgate Meadows (11/6/1997)

Applicable Plans and Regulations

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

STAFF ANALYSIS

The applicant, Empowered for Excellence, is requesting a Special Use Permit to operate a Residential Drug & Alcohol Treatment Center, expanding upon an existing Non-residential Drug & Alcohol Treatment Facility currently operating on this site, 3132 Secor Road. The ±1.53 acre site is owned by the YAC Limited, who is supportive of this expansion. The site has traditionally been a medical office building and is zoned CR / Regional Commercial. A Residential Drug & Alcohol Treatment Center is permitted in this zoning district, subject to the approval of a Special Use Permit. Adjacent land uses include fast-food, a Batteries + Bulbs, and a BP gas station to the west along Secor Road. A Home Depot and accompanying parking lot are to the north of the site. East of the site are other medical office buildings, some in use and some vacant. A cemetery and medical office are to the south of the site along Central Ave.

Empowered for Excellence has been a tenant of this site since summer of 2018. The applicant currently uses a portion of the first floor of the building for non-residential drug and alcohol rehabilitation programs and operates during business hours. Additionally, Empowered for Excellence operates a residential facility on Champlain Street which houses both men and women. The applicant sees a great need for a women’s only housing environment to better cater to gender-specific needs while providing increased safety and fewer distractions to recovery for all patients. For that reason, the applicant is looking to expand within the building on the subject site. This expansion will require the use of the second floor of the building. Empowered for Excellence intends to use the second floor of the building as a “sober living house,” providing short-term residential accommodations for women with a substance use disorder during their recovery period. According to the applicant’s letter of intent, “Our facility would house 30 women and be staffed with 6-8 all-female staff. The housing unit would be equipped with 30 beds, dormitory showers, lockers, dayroom/living area, exercise room, and family room for visitation with children.” The applicant expects that women will be living at the facility anywhere from a couple weeks to 6-8 months, depending on the pace of their recovery. Staff has performed site multiple site visits, including the interior of the facility, and deems the location appropriate for “dormitory-style” residential living. The facility is not intended to provide long- term residential accommodations.

10 - 2

REF: SUP-5003-19… July 11, 2019

STAFF ANALYSIS (cont’d)

Group Living

Per TMC§1116.0221(D), Residential Drug & Alcohol Treatment Centers are considered Group Living facilities and defined as “a home or facility that provides habilitation services for persons with drug and alcohol addictions but not including methadone treatment.” As a Group Living facility, Residential Drug & Alcohol Treatment Center are subject to the spacing requirements outlined in TMC§1104.1000. The proposed Residential Drug & Alcohol Treatment Center does not violate the spacing requirements and therefore conforms to TMC§1104.1000.

Parking and Circulation

The site is surrounded by other commercial and office uses, partially obstructing visibility from the right-of-way. It can be accessed from both Secor Road and Central Ave via shared curb cuts. Pursuant to TMC§1107.0304 – Off-Street Parking Schedule “A”, Residential Drug & Alcohol Treatment Centers require a minimum of one (1) parking space per every two (2) employees and one (1) bicycle parking slot per ten (10) parking spaces. The letter of intent submitted indicates a total of six to eight (6-8) employees, requiring a minimum of four (4) parking spaces with at least one (1) parking space designated as a van accessible space for persons with disabilities.

The site plan submitted depicts a total of two hundred ninety-nine (299) parking spaces with twelve (12) spaces designated for persons with disabilities. These parking spaces are shared with other uses in the Westgate Meadows Commercial Plat, and an alternative parking plan is not required. TMC§1107.0300 requires one (1) bicycle slot per ten (10) parking spaces. The site plan submitted did not depict any of the required bicycle parking. A minimum of thirty one bicycle parking slot shall be provided on a revised site plan and is listed as a condition of approval.

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 Appearance Upgrade for Nonconforming Development, requires futures changes to bring a site closer into compliance with the 2004 code. The site plan submitted does not depict any proposed or existing landscaping on the property. The field survey conducted by Plan Commission staff identified various foundation plantings around the building and approximately eight (8) trees which were not depicted on the site plan.

Because the site does not have any frontage along the right-of-way, a frontage greenbelt is not required. Additionally, because the property is zoned CR / Regional Commercial, and the properties adjacent are zoned CR / Regional Commercial, no buffer is required. Landscaping currently exists within the parking lot islands and around the perimeter of the site.

10 - 3

REF: SUP-5003-19… July 11, 2019

STAFF ANALYSIS (cont’d)

The original site plan approval for the Westgate Meadows Commercial Plat required three (3) landscape islands in the parking lot of this site. These appear to have been removed over time. Staff is requiring that these three (3) islands be re-installed. This is listed as a condition of approval.

This application is bringing a residential component to a site that has historically been non-residential, and does not currently provide a residential appearance or residential amenities. Additionally, the applicant stated that residents will be provided breaks during the day to go outside. For these reasons, staff is requiring an outdoor gathering space as condition of approval. The outdoor gathering space is intended to provide an enclosed space for residents and staff to take breaks outside. A Type B landscape buffer shall be provided around the outdoor space. For the security of residents and staff, the gathering space shall be enclosed by a decorative fence, made of heavy-gauge metal or similar material and supported by brick or other masonry columns at the corners. The outdoor gathering space shall provide canopy trees, a pergola, and/or other elements to adequately shade the area for the comfort of residents and staff. Staff recommends outdoor furniture such as picnic tables and benches. Other elements such as cornhole boards, hammocks, etc. are encouraged but not required. Pursuant to TMC§1108.0203(F), the Type B Landscape Buffer surrounding the outdoor gathering space shall be a minimum width of ten-feet (10’) include four (4) canopy trees and fifteen (15) shrubs for every 100 linear feet.

Toledo 20/20 Comprehensive Plan

The Toledo 20/20 Comprehensive Plan targets this site for Regional Commercial land uses. Regional Commercial land uses including major retail centers. Toledo 20/20 recommends buffering and other improvements to make these areas more valuable and useful to surrounding neighborhoods as well as regional shopping centers. Toledo 20/20 recommends improving storm drainage and creating a mixed use “urban village” at Central and Secor. Significant landscape improvements on this site, accomplished through condition #21, will help meet these goals.

Staff recommends approval of the Special Use Permit since the proposed use is compatible with adjacent uses in terms of scale, site design, and operating characteristics. Additionally, staff recommends approval of the Special Use Permit because there are no spacing violations outlined in TMC§1104.1000. Staff recommends approval of the Special Use Permit since the proposed use complies with all applicable provisions of the Zoning Code. Staff acknowledges that finding an “ideal” site for a Residential Drug and Alcohol Facility is difficult, and that the proposed site provides many nearby amenities to residents and is not located within an established residential neighborhood. The site is also already being leased by the applicant and provides an appropriate shared residential space, as determined on-site by staff.

Neighborhood Meeting

Staff is requesting the applicant to host a neighborhood meeting. Meeting notifications will need to be sent to the mailing address list provided to the applicant generated by the Plan Commission staff.

10 - 4 REF: SUP-5003-19… July 11, 2019

STAFF RECOMMENDATION

The staff recommends that the Toledo City Plan Commission recommend approval of SUP-5003-19, a request for a Special Use Permit for a Residential Drug & Alcohol Treatment Center at 3132 Secor Road, to Toledo City Council for the following three (3) reasons:

1. The proposed use complies with all applicable provisions of this Zoning Code (TMC§1111.0706(B) – Review & Decision-Making Criteria);

2. The proposed use is compatible with adjacent uses in terms of scale, site design, and operating characteristics (i.e. hours of operation, traffic generation, lighting, noise, odor, dust, and other impacts associated with the use’s operation (TMC§1111.0706(C) – Review & Decision-Making Criteria); and

3. The City and other service providers will be able to provide sufficient public safety, transportation, and utility facilities and services to the subject property while maintaining sufficient levels of service for existing development (TMC§1111.0706(C) – Review & Decision-Making Criteria).

The staff further recommends that the Toledo City Plan Commission recommend approval of SUP-5003-19, a request for Special Use Permit for a Residential Drug & Alcohol Treatment Center at 1711 West Sylvania Avenue, to 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.

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, ph. 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. 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 and Specifications, Toledo Municipal Code, and Americans with Disabilities Act Guidelines.

10 - 5 REF: SUP-5003-19… July 11, 2019

3. All commercial drive approaches (along with the sidewalk through the drive) shall be constructed with 8-inch-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 or 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. Plan commission submittal does not detail any revisions to the existing site that will require earth-disturbing activity of 2,500 or more square feet, nor are any changes shown to the existing storm sewer system. Therefore, it appears that there are no items requiring a storm-water plan review. However, if revisions are made to the site plan that will result in earth-disturbing activity of 2,500 or more square feet or cause changes to the existing storm sewer, a full site-plan review and approval will be required by the Division of Engineering Services. Plans will be subject to the rules and regulations of the City of Toledo, Storm Water Utility, including storm-water detention and post-construction storm-water Best Management Practices (BMPs) as specified in the City of Toledo Infrastructure Design and Construction Requirements and the Ohio EPA NPDES General Storm Water Permit for Construction Activities.

Water

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 - 6 REF: SUP-5003-19… July 11, 2019

Fire & Rescue Department

10. It appears that the building will undergo a change of use. This will require compliance with all applicable Fire Sprinkler and Alarm, Building, Electrical, Mechanical and Plumbing code requirements.

11. Approved Premises identification is required.

Sewer and Drainage Services

12. All private sewer lines that are not being removed or properly abandoned (both storm & sanitary) be cleaned and inspected.

13. 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 Sewer & Drainage Services demonstrating the lines cleaning and integrity.

Plan Commission

14. The applicant has stated the need for this expansion is to provide an all-female facility for their patients. As a condition of approval, this facility must indefinitely remain all- female.

15. 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

16. 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. Staff recommends an on-site bike rack. A minimum of one (1) bicycle parking space shall be provided and depicted on a revised site plan.

17. 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).

18. Whenever a parking lot extends to a property line, sidewalk, planting strip, or building, a wheel stop device consisting of a concrete stop, a permanent concrete curb, an expanded sidewalk or other suitable restraint as approved by the Planning Director must be installed to prevent any part of a parked motor vehicle from extending beyond the property line, overhanging a pedestrian walkway or sidewalk, or damaging any structure or landscaping (TMC§1107.1907(A). These shall be shown on revised site plan.

10 - 7

REF: SUP-5003-19… July 11, 2019

19. 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.

20. 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.

21. A detailed site, lighting, sign, 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. An outdoor gathering space shall be provided for residents and staff. The gathering space shall be enclosed by a decorative fence, made of heavy-gauge metal or similar material and supported by brick or other masonry columns at the corners. Staff recommends that masonry columns are designed to match the façade material of the building. The space shall provide canopy trees, a pergola, and/or other elements to adequately shade the area for the comfort of residents and staff, subject to review of the Plan Director. Staff recommends outdoor furniture such as picnic tables and benches, cornhole boards, hammocks, etc. to improve the residential character of the space. Shall be depicted on a completed landscaping plan.

b. Pursuant to TMC§1108.0203(F), the Type B Landscape Buffer surrounding the outdoor gathering space shall be a minimum width of ten-feet (10’) include at least four (4) canopy trees and fifteen (15) shrubs for every 100 linear feet. Shall be depicted on a completed landscaping plan.

c. 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.

d. 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; shall be noted on a completed landscaping plan.

e. The location, height and materials for any fencing to be installed and maintained shall be included. A decorative fence made of heavy-gauge metal or similar material and supported by brick or other masonry columns at the corners, shall be depicted on a completed landscaping plan.

10 - 8 REF: SUP-5003-19… July 11, 2019

STAFF RECOMMENDATION (cont’d)

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

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

22. 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.

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

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-5003-19 DATE: July 11, 2019 TIME: 2:00 P.M.

CITY COUNCIL COMMITTEE OF ZONING AND PLANNING DATE: August 14, 2019 TIME: 4:00 P.M. ML Three (3) sketches follow.

10 - 9 SUP-5003-19 GENERAL LOCATION ID 46

10 - 10 SUP-5003-19 ZONING AND LAND USE ID 46

10 - 11 SITE PLAN SUP-5003-19 N ID 46 10 -1 2 REF: Z-5010-19 DATE: July 11, 2019

GENERAL INFORMATION

Subject

Request - Zone Change from CR Regional Commercial & RM36 Multi-Dwelling Residential to CM Mixed Commercial-Residential

Location - 1119 N. Summit Street, 316 Elm Street and 1116 N. Superior Street

Applicant - Kevin Mikolajczyk Torrey Hill Apartments 20 Broadway Street Toledo, OH 43604

Site Description

Zoning - CR & RM36 / Regional Commercial & Multi- Dwelling Residential Area (Total) - ±1.52 Acres Frontage - ±300’ along Summit Street ±50’ and ±130’ along Elm Street ±100’ and ±130’ along Ostrich Lane ±130’ along Superior Street Existing Use - Vacant warehouse Proposed Use - Apartment complex and off-street parking

Area Description

North - Single-family homes, multi-family homes and apartments / RM36 East - Single-family homes, vacant gas station / RM36 & IL South - Warehouses, manufacturing, storage yards / IG West - Restaurant, apartments / CR & RM36

Combined Parcel History

M-11-08 - Establishment of the Summit Street Corridor Redevelopment UNO District. (Plan Commission approved 12/04/08).

11 - 1 REF: Z-5010-19… July 11, 2019

GENERAL INFORMATION (cont’d)

Combined Parcel History (cont’d)

SPR-27-19 - Minor Site Plan Review for site modifications at 1119 N. Summit Street (Companion Case).

SSDO-1-19 - Summit Street Corridor Redevelopment Organization review of site modifications at 1119 N. Summit Street (Companion Case).

VHD-3-19 - Toledo City Historic District Commission Review to replace and install new windows and doors roof and mechanical plus fencing at 1119 N. Summit Street (Companion Case).

Applicable Plans and Regulations

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

STAFF ANALYSIS

The applicant is requesting a Zone Change from CR Regional Commercial and RM36 Multi-Dwelling Residential to CM Mixed Commercial-Residential for the ±1.52 acre site located at 1119 N. Summit Street, 316 Elm Street, and 1116 N. Superior Street. The site is the location of the vacant Continental Baking Company (“Wonderbread”) facility. Surrounding land uses include single-family homes, multi-family homes, and apartments to the north, apartments and single- family homes and a vacant gas station to the east, warehouses, light manufacturing and storage yards to the south, and a restaurant and apartments to the west.

The applicant is requesting the Zone Change at 1119 N. Summit Street in order to redevelop the vacant building into apartments and commercial space. Per TMC§1104.0100-Use Table, within the current CR Regional Commercial Zoning District, all residential dwelling units must be located above the ground floor. The preliminary site plan includes dwelling units on the ground floor and therefore, the site requires a Zone Change from CR Regional Commercial to CM Mixed Commercial-Residential. Additionally, the applicant is proposing twenty-four (24) dwelling units which is under the maximum allowable density for the CM Mixed Commercial-Residential Zoning District. The property will also include two (2) spaces for commercial use and a parking garage. The properties at 316 Elm Street and 1116 N. Superior Street are included in the Zone Change, and will be used for off-street parking facilities.

11 - 2 REF: Z-5010-19… July 11, 2019 STAFF ANALYSIS (cont’d)

A Site Plan Review shall be submitted to the Plan Commission prior to development to ensure compliance with the standards of the Zoning Code. Additionally, the site is located in the Summit Street Corridor Redevelopment (SSCR) Urban Neighborhood Overlay (UNO) District, and the Vistula Historic District. The purpose of the Overlay Districts is to address special situations and to accomplish special zoning goals. There are three (3) companion cases for this case, a Site Plan Review (SPR-27-19) was submitted to the Plan Commission for review and approval. A Summit Street Corridor Redevelopment Organization review (SSDO-1-19) and a Vistula Historic District Commission review (VHD-3-19) accompany this case for subsequent consideration and approval.

Summit Street Corridor Redevelopment District

The property is located within the SSCR-UNO District which was developed out of the 2000 Summit Street Redevelopment Plan. The purpose of the Summit Street Redevelopment Plan is to promote development and investment in the Summit Street Corridor with attractive and pedestrian-friendly site design features compatible with historical building patterns. The proposed use conforms to the vision of the Summit Street Redevelopment Plan.

Toledo 20/20 Comprehensive Plan

The Toledo 20/20 Comprehensive Plan future land use designation targets the proposed area for Urban Village. The Urban Village future land use designation was intended as a specialized residential and commercial district that possesses characteristics of Traditional Neighborhood Development (TND), such as pedestrian orientation, zero building setbacks, mixed uses, and distinct architectural character. Based on the nature of the site and its location, the proposed Zone Change is consistent with the future land use designation identified in the Toledo 20/20 Comprehensive Plan.

Staff recommends approval of the Zone Change from CR Regional Commercial and RM36 Multi-Dwelling Residential to CM Mixed Commercial-Residential because the proposed Zone Change is consistent with the Comprehensive Plan, the Summit Street Corridor Redevelopment Plan, and the stated purpose of the Zoning Code. Additionally, the proposed Zone Change is compatible with existing land uses within the general vicinity of the subject property. Finally, the proposed Zone Change will positively affect properties within the vicinity of the subject property.

STAFF RECOMMENDATION

The staff recommends that the Toledo City Plan Commission recommend approval of Z- 5010-19, a request for Zone Change from CR Regional Commercial and RM36 Multi-Dwelling to CM Mixed Commercial-Residential at 1119 N. Summit Street, 316 Elm Street and 1116 N. Superior Street to Toledo City Council for the following three (3) reasons:

1. The proposed Zone Change conforms to the Toledo 20/20 Comprehensive Plan and the Summit Street Corridor Redevelopment Plan (TMC§1111.0606(A) – Review & Decision- Making Criteria);

11 - 3 REF: Z-5010-19… July 11, 2019 STAFF RECOMMENDATION (cont’d)

2. The existing land uses within the general vicinity of the subject site are compatible with the proposed Zone Change (TMC§1111.0606(B) – Review & Decision-Making Criteria); and

3. The proposed rezoning will positively affect properties within the vicinity of the subject property (TMC§1111.0606(E) – Review & Decision-Making Criteria).

ZONE CHANGE TOLEDO PLAN COMMISSION REF: Z-5010-19 DATE: July 11, 2019 TIME: 2:00 P.M.

TOLEDO CITY COUNCIL ZONING AND PLANNING COMMITTEE DATE: August 14, 2019 TIME: 4:00 P.M.

RS/DD Three (3) sketches follow

11 - 4

GENERAL LOCATION Z-5010-19 ID 4

11 - 5 ZONING AND LAND USE Z-5010-19 ID 04

11 - 6 SITE PLAN Z-5010-19 N ID 4 11

BLANK PAGE REF: SUP-10010-13 DATE: July 11, 2019 GENERAL INFORMATION

Subject

Request - Review of Possible Revocation of the Special Use Permit for a Used Auto Sales Facility approved via Ord. 70-14.

Location - 4154, 4158 & 4160 Monroe Street

Applicant - KCA Investments, LLC 4410 Charles Street Dearborn, MI 48126

Site Description

Zoning - CR Regional Commercial Area - ± .324 Acres Frontage - ± 124’ along Monroe Street ± 98’ along Harley Road Existing Use - Light Equipment Repair Shop Proposed Use - Used Car Lot

Area Description

North - Single Family Residential / RD6 South - Commercial / CR East - Gas Station and Residential / CR, RD6 & RM36 West - Commercial / CR

Parcel History

SUP-10010-13 - Request for a Special Use Permit for a Used Auto Sales Facility (PC approved 01/9/14, Ord. 70-14 approved 2/25/14)

SUP-10010-13 - Review of the Special Use Permit for a Used Auto Sales Facility approved via Ord. 70-14 (PC approved 3/10/16 set a compliance date of 7/14/16 where a 1-year compliance re-review period was issued) Applicable Plans and Regulations

Toledo Municipal Code (TMC), Chapter Eleven: Planning and Zoning Toledo 20/20 Comprehensive Plan 12 - 1 REF: SUP-10010-13. . . July 11, 2019 STAFF ANALYSIS

City Council requested a review and possible revocation of SUP-10010-13, granted by Ordinance 70-14 for a used auto sales facility, located at the corner of Monroe Street and Harley Road. City Council has concerns that the business is being operated in a manner that is inconsistent with the approved plan, zoning code and the conditions of approval. The Special Use Permit process recognizes that certain businesses having the right to be located within certain districts also have extenuating circumstances or additional effects on the surrounding community. Therefore additional criteria and conditions are often included to reduce the effects on neighboring properties. The original SUP was granted in 2014. In 2016, lack of compliance with the approved SUP resulted in the re-review of the Special Use Permit. The Plan Commission considered the re-review at their March 10, 2016 meeting and set a compliance date of July 14, 2016. Following the July 2016 hearing, the applicant began to work towards bringing the site into compliance with Ordinance 70-14. The biggest issue has been the overcrowding of the site with vehicles. Staff conducted periodic inspections of the site, which resulted in a reduction in the crowding of the lot. However, the applicant would permit the site to return to a disheveled state. At the request of City Council, staff conducted an on-site inspection with the applicant on June 19, 2019. Staff’s findings are outlined in the report below and within Exhibits “A” & “B”.

Background and Site Conditions

In 2014, the used auto sales facility was approved to operate in conjunction with the existing light equipment repair business that is located on the site. The .324 acre parcel is zoned CR Regional Commercial and was approved prior to the adoption of the current used car standards that require a minimum of .5 acres.

The existing building has four (4) service bays and an approximate 195 square foot office area. Prior to 2014, the site was accessed via two (2) curb cuts on Monroe Street and one (1) curb cut on Harley Road. A large pole sign currently exists on the property and is situated toward the corner of Monroe Street and Harley Road within the drive aisle. On January 20, 2016, an inspection of the site was conducted by staff and found approximately thirty-five (35) vehicles on the lot with only thirteen (13) parking spaces provided (see Exhibit B). On January 28, 2016, a letter that was sent to the applicant which outlined the noncompliance issues with Ordinance 70-14. The applicant requested additional on-site inspections. Staff met with the applicant on February 24, 2016 and the applicant indicated that he has started to bring the site into compliance with Ord. 70-14. On June 10, 2016, the applicant requested staff visit the site and document the improvements that had been made prior to the July 14th Plan Commission hearing.

On July 13, 2016, staff conducted a site visit and found that fencing, landscaping and defined planter beds had been installed at that time. However, cars (22 cars were noted) were still being stored in non-defined spaces and drive aisles. The Plan Commission recognized the site upgrades the applicant has conducted and set a full compliance period of 1 year. On July 28, 2017, staff once again conducted an on-site compliance inspection and noted fifteen (15) cars mostly parked in defined spaces. Staff also noted that the fencing, landscaping and planter beds appeared to have been properly maintained. Staff provided a compliance report to the Commission at that time. 12 - 2 REF: SUP-10010-13. . . July 11, 2019 STAFF ANALYSIS (cont’d)

Background and Site Conditions (cont’d)

On June 19, 2019, staff conducted a compliance review of this site. The applicant met staff on-site where approximately thirty-five (35) vehicles are once again noted on the site, mostly within undefined parking spaces and drive aisles. The required planter beds appear to be in poor condition with numerous areas being breached and other areas where vehicles are currently parked in a manner that is damaging the planter bed. The trees and shrubs appear to be in quality shape while all other landscaping (hosta & ornamental grasses) did not survive. Staff noted that all planter beds appear unkempt and contained weeds, nuisance grass and unmaintained mulch.

Access and Circulation

As part of the June 10, 2016 compliance inspection, staff found that the site still had three (3) curb cuts, one (1) along Harley Road and two (2) on Monroe Street. The curbs and sidewalks did not appear to have been restored as required in Ord. 70-14. The applicant installed a concrete block planter bed across the area of the former curb cut to be removed on Monroe Street. The concrete blocks are simply stacked on edge, this does not constitute the removal and restoration of a curb cut.

Outlined in the March 10, 2016 staff report, the Division of Transportation had conditions that required the remaining curb cut along Monroe Street to be narrowed to twenty- five (25) feet and shifted eastward to prevent a conflict with the parking spaces in the northwest corner of the site along Monroe Street. The Division of Transportation also required that the curb cut along Harley Road be narrowed to twenty-five (25) feet to reduce the conflict with the existing pole sign and to increase the distance from the Monroe Street/Harley Road intersection. On June 19, 2019, staff noted that none of these conditions have been addressed. As a result, Conditions # 1, #2, #3, #4, #13 & #14 are still not in compliance with requirements of the Division of Engineering Services and the Division of Transportation.

Parking and Display Areas Light equipment repairs have a parking requirement of 1.5 spaces per service bay, while the used car sales portion of the site has a parking requirement of one (1) space in addition to the seven (7) defined parking spaces for display vehicles. As a result, the applicant was required to dedicate seven (7) total customer and employee parking spaces for the light equipment repairs and used car sales uses on site. As part of the June 19, 2019 inspection, staff found that cars were once again being double and triple parked, parked in unapproved areas and parked in the drive aisles. The applicant requested that staff perform a compliance inspection on June 28, 2019. Staff visited the site on June 26, 2019 and found that cars were still located within the drive aisles and being double and triple parked. Furthermore, the applicant was required to denote a minimum of seven (7) spaces for customer use and the use of signage is encouraged to ensure customer parking is maintained. As a result, Condition # 18 has not been brought into compliance.

12 - 3 REF: SUP-10010-13. . . July 11, 2019 STAFF ANALYSIS (cont’d)

Parking and Display Areas (cont’d) TMC§1104.0301 requires that a fifty (50) foot separation measured along the street frontage shall be maintained between any open display area and a residential district boundary line. The northeast corner of the property (with fifty (50) feet of residential boundary) was approved for customer and employee parking and not open display areas. As part of the June 19 & 26, 2019 site inspections, staff observed licensed and unlicensed vehicles double and triple parked and located within the drive aisles. The applicant indicated that he works on vehicles for other used car dealers and most of the vehicles on the site were not for sale. Storage of vehicles (for sale or not for sale) in undesignated spots has created a blighting nuisance condition that has had a negative impact on the residential neighborhood abutting the site to the north as well as along Monroe Street. Upon the compliance inspection on June 19 & 26, 2019, staff found no evidence that seven (7) parking spaces had been denoted for customer and employee parking with signage or were even being used for customer and employee parking. As a result, Condition # 19 has not been brought into compliance.

Landscaping At the time of the 2014 approval, the site was only required to be brought closer into compliance with the landscape requirements of the zoning code. The revised plan offered a twenty (20) foot Type “A” Landscape Buffer with a three (3) foot solid fence along the northern property line, where the site abuts residential zoning. In an effort to install this buffer, the applicant was to remove approximately eleven (11) feet of asphalt and the fencing was to be raised to six feet (6’) once located out of the front yard setback. Upon the compliance inspection on June 10, 2016 & June 19, 2019, staff found that a forty-two inch (42”) solid fence and a planting bed had been installed. However, at the July 14, 2016 Plan Commission Hearing, the applicant was instructed to remove the forty-two inch (42”) and replace it with a six (6’) solid fence (when located out of the front yard setback) in order to obtain compliance with Condition #23. Condition # 23(b) has not been brought into compliance with the Type A Landscape Buffer requirement, fencing needs to be raised to six feet (6’) when located out of the front yard and the asphalt needs to be removed beneath the planting beds to provide an adequate growing environment.

12 - 4 REF: SUP-10010-13. . . July 11, 2019 STAFF ANALYSIS (cont’d)

Landscaping (cont’d) Additionally, the site plan offered a landscape area anchoring the corner of Monroe Street and Harley Road and five (5) foot greenbelts along Monroe Street and the Harley Road frontages. The applicant installed planting beds along Monroe Street and Harley Road according to the approved plan. Staff has concerns that the asphalt located beneath the planting beds was not removed, resulting in a less than ideal environment for tree and shrub growth. The March 10, 2016 staff report indicated that the six (6) inch planting beds appeared to be located over asphalt and that was not a conducive environment for trees and/or shrubs to grow according to the City of Toledo Division of Forestry. The applicant indicated that three feet (3’) x three feet (3’) sections of asphalt were removed beneath the newly installed trees and ensured the landscaping would be maintained indefinitely. As previously noted on June 19 and 26, 2019 the required planter beds appeared to be in poor condition with numerous areas being breached and other areas where vehicles were currently parked in a way that was damaging the planter bed. Furthermore, by not properly preparing the landscape beds when installed (not removing all asphalt) resulted in all hosta & ornamental grasses perishing, detracting from the aesthetics of the buffer.

Although the applicant has taken steps to comply with the landscaping requirements outlined in Ord. 70-14, staff has found that not removing the entire asphalt beneath the planting beds did not provide a suitable environment for landscaping to grow and thrive. The approved landscape plan submitted in 2014 indicated that three (3) Junipers and nine (9) yews where to be installed within this northern buffer. Staff found that six (6) shrubs of approximately forty-two (42”) inches in height were located within this buffer. Furthermore, the planting beds did not appear to be finished with properly maintained mulch as required by code. Condition # 23(a)(b)(c)&(e) is not in compliance as the Type A Buffer along the northern property line does not contain the required plantings as shown on the landscape plan. In addition the beds are sited over existing asphalt, providing an unfavorable environment for tree and shrub growth and all landscaped areas need to be finished with properly maintained mulch.

Finally in 2014, City Council approved a condition that in the event the dumpster was needed to be located outside the building the applicant would be aware of the improvements required. As a result, the condition stated that the dumpster would be shown on a revised site plan, on a concrete pad and surrounded by a solid wooden fence or masonry screen enclosure with landscaping. On June 10, 2016 staff observed a dumpster located on the southwest corner of the lot, which was enclosed with a solid board-on-board fence and sited on paved surface. Condition # 17 is has been brought into compliance.

The conditions outlined in Ord. 70-14 are provided in Exhibit “A”. Staff has included the status of compliance with each condition. In addition, photographs from the Plan Commission staff site inspection are included in Exhibit “B”.

12 - 5 REF: SUP-10010-13. . . July 11, 2019

STAFF RECOMMENDATION

Staff recommends that the Plan Commission recommend REVOCATION of the Special Use Permit for a Used Auto Sales Facility for the site located at 4154, 4158 & 4160 Monroe Street, to Toledo City Council Planning and Zoning Committee.

REVIEW OF SPECIAL USE PERMIT TOLEDO CITY PLAN COMMISSION REF: SUP-10010-13 DATE: July 11, 2019 TIME: 2:00 P.M.

BH CITY COUNCIL COMMITTEE OF Three (3) sketches follow PLANNING AND ZONING Exhibit A follow DATE: August 14, 2019 Exhibit B follow TIME: 4:00 P.M.

12 - 6 SUP-10010-13 N GENERAL LOCATION ID 45

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RD6 COMM. CHURCH IL SUP-10010-13 N SITE PLAN ID 45 12

REF: SUP-10010-13. . . July 14, 2016

Exhibit “A” REVIEW AGENCY CONDITIONS

The following twenty-six (26) conditions were approved in Ord. 70-14 and are listed by agency of origin. The applicant agreed to all conditions at the January 9, 2014 Plan Commission and February 12, 2014 Planning and Zoning Committee.

Engineering Services

1. 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 the current City of Toledo Construction Standards Specifications; The Toledo Municipal Code; and The Americans with Disabilities Act Guidelines. The existing drive approach along Monroe Street that will remain, does not meet the above standards and shall be removed and replaced in order to be brought into compliance. Not in Compliance.

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, The Toledo Municipal Code, and The Americans with Disabilities Act Guidelines. Not in Compliance.

3. All commercial drive approaches, (along with the sidewalk through the drive) shall be constructed with eight-inch (8”) thick concrete per The City of Toledo Construction Standards and Specifications. Existing drive along Monroe Street that will not be reused shall be removed and the area restored to match the adjacent landscape. Curb drops through unused drives shall be removed and replaced with full height curb to match the adjacent curb. 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. Not in Compliance.

4. Required permits for all approved work in the public right-of-way shall be obtained, before work begins, from the One Stop Shop, ph. (419) 245-1220. Not in Compliance.

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

5. Water service is available subject to the Rules and Regulations of the Department of Public Utilities. In Compliance.

6. Plans for a new water service or modifications to the existing water service shall be submitted to the Division of Engineering Services for review and approval. In Compliance.

7. Contact the City of Toledo Fire Prevention Bureau to determine if a fire line is needed for this site. Compliance to be determined.

12 - 10 REF: SUP-10010-13. . . July 11, 2019

Exhibit “A” (cont’d)

Engineering Services (cont’d)

8. Contact the Division of Water Distribution for backflow prevention requirements. Compliance to be determined.

9. New fire, domestic, and irrigation taps will be installed by the City of Toledo at the owner/developer’s expense. Compliance to be determined.

10. Plans submitted for review do not detail any revisions to the existing site, except for removing asphalt, a concrete apron and new landscaping. It therefore appears that there is no items requiring a storm water utility plan review. If in the future plans for the site change and result in revisions to the site drainage, the Storm Water Utility should be contacted. In Compliance.

Building Inspection

11. Demolition of the existing building will require a demolition permit issued from the City of Toledo through its Division of Building Inspection requiring termination of all utilities. Documentation from Columbia Gas and Toledo Edison/Energy One must be provided to Building Inspection that this has occurred. If the existing water and sewer taps are to be re-used, the applicant/contractor must identify this to the Department of Public Utilities and secure their release for the demolition permit to be processed and issued. In Compliance.

12. Construction of any new structures or alterations to any existing building will require construction documents stamped by a design professional to be submitted to the Division of Building Inspection for plan review and approval showing the construction to be in compliance with the City of Toledo’s building mechanical and fire codes and, by referenced standards, those of the State of Ohio. Plans must identify the correct building type, use group, occupancy load, plumbing fixture count, egress and emergency egress locations, emergency evacuation routes and other life-safety and ADA compliancy facilities, in accordance with the Administrative Code of the Ohio Building Code Chapter 106. In Compliance.

Transportation

13. The two parking spaces south of the dumpster area encroach the Monroe St. access drive. This drive shall be narrowed to 25’ and shifted eastward to prevent this conflict. Not in Compliance.

14. The width of the Harley Rd. drive shall be narrowed to 25’ to reduce the conflict with the existing advertising sign and to increase the distance from the Monroe St. / Harley Rd. intersection. Not in Compliance.

12 - 11 REF: SUP-10010-13. . . July 11, 2019

Exhibit “A” (cont’d)

Plan Commission

15. Incorporate curbs or other substantial permanent barriers to prevent encroachment of the vehicles into the required setback and landscape areas. (TMC 1108.0302.B. Use Regulations). Not in Compliance.

16. Elevated displays lifts or metal structures used in conjunction with the display of motor vehicles shall be permitted only within those areas specifically designated upon the site plan and shall not be allowed in any required front yard. (TMC 1104.0302.A. Use Regulations). In Compliance.

17. In the event a dumpster is to be located outside the building, a revised site plan shall indicate a concrete pad surrounded by a solid wooden fence or a masonry screen enclosure with landscaping shall be installed and the dumpster shall not be located in any required setbacks. In Compliance

18. Seven (7) parking spaces shall be denoted and reserved for “Customer and Employee Only” and shall not be used for open auto display. Not in Compliance

19. Open display sales lots may not be located within the “Front Yard Setback” for 50ft when bordering a residential district boundary. Compliance to be determined.

20. All used motor vehicles parked or displayed outdoors shall conform to Chapter 337, Safety and Equipment, of the Traffic Code and shall be operable. In Compliance.

21. Repairs and service of inoperable auto and RV motor vehicles shall be conducted wholly within an enclosed structure permanently located on the lot. In Compliance.

22. Fencing of customer display areas shall conform to TMC 1105.0302, outside storage screening shall comply with TMC 1108.0203.H. In Compliance.

23. A detailed site, lighting, sign, fencing and landscaping plan shall be submitted to the Plan Director for review and approval. Such plan shall include:

a. A 5’ frontage greenbelt is required along the Harley Road and Monroe Street frontages; the greenbelt shall include one tree for every 30’ of lot frontage and a solid evergreen hedge to screen the parking lot. Not in Compliance.

b. A Type “A” buffer with solid fencing shall be installed along the northern property line. The solid fencing shall not exceed 42” in height in the front yard setback and shall be raised to six (6) feet for the remainder. Not in Compliance.

12 - 12 REF: SUP-10010-13. . . July 11, 2019

Exhibit “A” (cont’d)

Plan Commission (cont’d)

c. The corner of Monroe Street and Harley Road shall remain landscaped indefinitely (as shown on site plan). Compliance to be determined.

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; shall be noted on revised landscape plan. Not in Compliance.

f. The location, height and materials for any fencing to be installed and maintained. Not in Compliance.

g. The location and direction of any proposed lighting (lights are to be directed away from adjacent residential properties). In Compliance.

h. The location, lighting and size of any signs. In Compliance.

24. 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. In Compliance.

25. 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. In Compliance.

26. 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. In Compliance.

12 - 13

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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