TOLEDO CITY PLAN COMMISSION REPORT May 11, 2017 · TOLEDO CITY PLAN COMMISSION REPORT May 11, 2017...

TOLEDO CITY

PLAN COMMISSION

REPORT

May 11, 2017

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

CATHERINE G. HOOLAHAN DON MEWHORT (Chairman) (Chairman)

KEN FALLOWS KEVIN X. SMITH (Vice Chairman) (Vice Chairman)

ERIC GROSSWILER CATHERINE G. HOOLAHAN JULIA BRYANT TINA SKELDON WOZNIAK (County Commissioner) PETER GERKEN

(County Commissioner) CAROL CONTRADA (County Commissioner)

KEITH G. EARLEY MICHAEL W. DUCEY KEN FALLOWS MEGAN MALCZEWSKI

THOMAS C. GIBBONS, SECRETARY

LISA COTTRELL, ADMINISTRATOR

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

SCHEDULE - 2017

APPLICATION DEADLINE*

AGENDA SET

STAFF REPORT

DISTRIBUTED

HEARING DATE

CITY PLAN COMMISSION (HEARINGS BEGIN AT 2PM)

November 28 December 26 December 30 January 12

December 26 January 23 January 27 February 9

January 23 February 20 February 24 March 9

February 27 March 27 March 31 April 13 (9 a.m.)***

March 27 April 24 April 28 May 11

April 24 May 22 May 26 June 8

May 29 June 26 June 30 July 13

June 26 July 24 July 28 August 10

July 31 August 28 September 1 September 14

August 28 September 25 September 29 October 12

September 25 October 16 October 20 November 2**

October 23 November 20 November 24 December 7**

COUNTY PLANNING COMMISSION (HEARINGS BEGIN AT 9AM)

December 12 January 9 January 13 January 25

January 9 February 6 February 10 February 22

February 6 March 6 March 10 March 22

March 13 April 10 April 14 April 26

April 10 May 8 May 12 May 24

May 15 June 12 June 16 June 28

June 12 July 10 July 14 July 26

July 10 August 7 August 11 August 23

August 14 September 11 September 15 September 27

September 11 October 9 October 13 October 25

October 2 October 30 November 3 November 15**

November 6 December 4 December 8 December 20**

* County deadlines are for Preliminary Drawings ** Date shifts are due to holidays ***The April 13th City Plan Commission Meeting time has been changed to 9 a.m.

LC/lc: 9/22/16

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 R-5, Multi Family

RM36, Multi Dwelling

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

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TOLEDO-LUCAS COUNTY PLAN COMMISSIONS

May 11, 2017 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 SWEARING IN MINUTES FINAL PLATS

DIRECTOR’S REPORT

CHAIRMAN'S REPORT

ITEM NO. CASE DESCRIPTION

1. OWE-14-17: Appeal of Old West End disapproval of request for certificate of appropriateness for new garage at 2117-2119 Robinwood Avenue (mm) 2. SPR-2-17: Appeal of conditions of approval for Minor Site Plan Review at 4460 Lewis Avenue (gp)

3. Z-3004-17: Zone Change from CO to CN at 1740 Tremainsville Road (gp) 4. SPR-15-17: Major Site Plan Review for two new hotels at 3540 and 3554 (rs)

5. SUP-3001-17: Special Use Permit for drug and alcohol treatment center, non-

residential, at 115 S. Reynolds Road (gp)

6. SUP-3005-17: Special Use Permit for used auto sales facility at 4652 Monroe Street (rs)

ii

7. SPR-16-17: Major Site Plan Review for new grocery store at 3835 Secor Road (jl)

ADJOURNMENT

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REF: OWE-14-17 DATE: May 11, 2017 GENERAL INFORMATION

Subject

Request - Appeal of a Certificate of Appropriateness (COA) to construct new garage with carport at 2117-2119 Robinwood Avenue.

Location - 2117-2119 Robinwood Avenue

Owner & Appellant - Mr. Robert Cready 2117-2119 Robinwood Avenue Toledo, OH 43620

Contractor - Accessible Renovations Inc.

Mr. Patrick M. Andrews 30330 Bates Road Perrysburg, OH 43551

Site Description

Zoning - RD6/Duplex Residence Frontage - 100’ Parcel Depth - 160’ Use - Multi-family (3 or more) Year Built - 1907

Parcel History OWE-83-99 - Demolish garage (COT demolished structure due to neglect on 10/1/99) OWE-57-04 - Re-roof with same (Admin approved 9/23/04) OWE-71-07 - Rear yard restoration (OWEHDC approved 10/24/07) OWE-85-15 - Install a fence in the rear yard (OWEHDC approved 12/14/15)

Applicable Plans, Regulations

• Toledo Municipal Code (T.M.C.), Part 11, Planning and Zoning Code, Chapter 1103.0300 - Historic Overlay Districts, Chapter 1111.1000 Historic Districts and Landmarks

REF: OWE-14-17...May 11, 2017

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GENERAL INFORMATION (cont’d)

Applicable Plans, Regulations (cont’d)

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

STAFF ANALYSIS

This request is an appeal of the Certificate of Appropriateness (COA) that was disapproved by the Old West End Historic District Commission (OWEHDC) at their monthly meeting held on April 10, 2017. The site is located at 2117-2119 Robinwood Avenue and is occupied by a multi-family home built in 1907.

The COA that was disapproved was to construct a new garage with an attached carport using the existing foundation of the previous garage. The previous garage was demolished by the city in 1999 and the foundation was left in place. The new garage and attached carport will have to be constructed to the standards listed in the Toledo Municipal Code (TMC), Part Eleven, Chapter 1105.0600, Residential Garages and Chapter 1105.0200 for Accessory Uses. The garage will be required to have a 3’ setback from the side and rear property line to include 10’ away from the main building. The contractor will be required to verify that the existing foundation is conforming to these setbacks when obtaining a zoning permit at the City of Toledo Division of Inspection. The new garage will be 26’ x 26’ with a 24’ x 24’carport attached to the side. The material that will be used to side the garage will be T1-11 sheets instead of siding. The sheets come in 4’ x 8’ size, and are smooth in texture. The garage will have trim added that is similar to the house. The trim and garage will be painted to match the house. The roof will be an asphalt shingle, and the garage door will be steel with 32 raised panels but there will not be any windows across the top of the door as seen in the example provided. The contractor has provided a rendering of what the garage with the attached carport will look like once it is completed. At the OWEHDC hearing, a few commission members wanted the garage to revert the original design from the 1920’s, or very similar to the historic rendering that was provided by the Chairman. Other commission members wanted to approve the new construction that was presented in the application. The final vote was to disapprove the request for the garage as proposed by the applicant.

REF: OWE-14-17...May 11, 2017

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STAFF ANALYSIS (cont’d) The U.S. Secretary of Interior’s Standards and Guidelines for Rehabilitating Historic Buildings recommends designing new additions in a manner that makes clear what is historic and what is new. What is not recommended is duplicating the exact form, material, style, and detailing of the historic building in the new addition so that the new work appears to be part of the historic building. For example, imitating a historic style or period of architecture in new additions, especially for contemporary uses such as drive-in banks or garages, is architecturally inappropriate. Rehabilitation is described by the Secretary of the Interior’s Standards as the act or process of making possible a compatible use for a property through repair, alterations, and additions while preserving those portions or features which convey its historical, cultural, or architectural values. As it pertains to new additions, and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired. The staff’s recommendation to the OWEHDC was in support of the application based on previously approved cases for new construction as it pertained to residential structures without existing garages over the last five years. For example, OWE-21-12 at 2473 Parkwood and OWE-39-14 at 2109 Scottwood, the OWEHDC approved the construction of the new garages where there was not an existing garage. The applicants were not required to design the new garage based off of historical photos or renderings. The appeal that was received at the Plan Commissions office on April 12th, 2017 was from the property owners of 2117-2119 Robinwood Avenue for the COA application OWE-14-17 and stated the reason for requesting the Toledo City Plan Commission to reconsider the request. The applicant stated he was not given a reason for the denial of his application which was stated on the record by a commission member who voted in favor of his request. The appeal that was received is shown as submitted in “Exhibit A.” STAFF RECOMMENDATION The staff recommends that to the Toledo City Plan Commission approve OWE-14-17, an appeal of disapproval to construct a new garage with carport at 2117-2119 Robinwood Avenue for the following reason:

1. The request meets the Secretary of the Interior’s Standards for Rehabilitation where new additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.

REF: OWE-14-17...May 11, 2017

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APPEAL OF OWEHDC DECISION TOLEDO CITY PLAN COMMISSION REF: OWE-14-17 DATE: MAY 11, 2017 TIME: 2:00 P.M.

MLM “Exhibit A” Attachments Follow

“EXHIBIT A”

OWE-14-17

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OWE-14-17 ID 14

ZONING & LAND USE

N

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PHOTO OF THE FRONT OF THE STRUCTURE 2117-2119 ROBINWOOD AVE.

OWE-14-17

ID 14

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OWE-14-17 ID 14

LOCATION OF THE NEW GARAGE AND CARPORT

2117-2119 ROBINWOOD AVE.

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OWE-14-17 ID 14

LOCATION OF THE NEW GARAGE AND CARPORT


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OWE-14-17 ID 14

DRIVEWAY LOCATED BEHIND THE HOUSE


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OWE-14-17 ID 14

DIMENSIONS OF NEW GARAGE

AND CARPORT

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OWE-14-17 ID 14

COLOR ELEVATION OF THE NEW GARAGE

AND CARPORT

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OWE-14-17 ID 14

EXAMPLE OF GARAGE DOOR 2117-2119 ROBINWOOD AVE.

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BLANK PAGE

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REF: SPR-2-17 DATE: May 11, 2017

GENERAL INFORMATION Subject

Request - Appeal of administrative disapproval of a Minor Site Plan Review for general retail sales

Location - 4460 Lewis Avenue

Applicant - Michael Safadi

38585 Scott Westland, MI 48186

Agent - John A. Weithman

P.O. Box 184 Waterville, OH 43566

Site Description Zoning - CR / Regional Commercial Area - ±0.19 acres Frontage - ±67’ along Lewis Avenue Frontage - ±120’ along Eleanor Avenue Existing Use - Vacant Gas Station Proposed Use - General Retail Sales Area Description

North - Drug Store / CR South - Commercial / CR East - Duplex Dwelling / CR & RD6 West - Used Car Lot / CR

Parcel History

SUP-5061-94 - Request for a Special Use Permit for a canopy installation to an existing filling station located at 4460 Lewis Avenue. Plan Commission recommended approval on 8/4/94, City Council approved on 9/6/94, Ord. 515-94.

REF: SPR-2-17...May 11, 2017

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Parcel History (cont’d) SUP-6001-10 - Request for a Special Use Permit for a convenience

store and gasoline station located at 4460 Lewis Avenue. Plan Commission recommended disapproval on 7/8/14. Planning and Zoning referred back to Plan Commission with new application on 8/11/10. Application was withdrawn.

SUP-11001-14 - Request for a Special Use Permit for a convenience

store and gasoline station located at 4460 Lewis Avenue. Application was withdrawn.

SPR-8-16 - Request for an Appeal of administrative disapproval

of a Minor Site Plan Review for general retail sales. Plan Commission recommended disapproval on 6/30/16.

Applicable Regulations

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

STAFF ANALYSIS The applicant is requesting an appeal of an administrative disapproval for a Minor Site Plan Review for a site located at 4460 Lewis Avenue, to allow for an existing legal non-conforming fuel sales canopy to remain for the development of general retail sales. This request was deferred at the April 13, 2017 Plan Commission hearing to allow the applicant to submit proposed canopy improvements in an attempt to have the canopy remain. The applicant has submitted elevation drawings that depict canopy and column improvements. Said improvements consist of a split-face concrete block base that is five (5’) feet in height. The remainder of the canopy support column is exposed and unimproved. The canopy itself is comprised of red and blue fluted metal panels.

REF: SPR-2-17...May 11, 2017

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STAFF ANALYSIS (cont’d) Parking and Circulation The site consists of one (1) parcel that is comprised of ±0.19 acres of total land area. The site is zoned CR Regional Commercial and was formerly a Clark Gas Station but has ceased operation for more than a year. The existing ±448 square foot building will be utilized as a general retail sales shop that will not prepare nor sell food or beverage from the premises. The fuel tanks and pumps (along with the pump islands) will be removed from the site to avoid ground contamination and allow for a more efficient parking scheme. An existing legal non-conforming fuel sales canopy located on the site is a remnant from a bygone gas station. Plan Commission staff has required that this canopy and columns be removed as part of site improvements. The applicant desires to keep said canopy as a beneficial amenity to the site.

The existing fueling station canopy is located on the north side parallel to Eleanor Avenue and is intended to provide shelter over five (5) parking spaces. The site plan proposes the site to be accessed via one (1) curb cut on Lewis Avenue and one (1) curb cut on Eleanor Avenue. The applicant is proposing to reduce the width of the oversized curb cuts to provide code compliant ingress/egress to the site.

General Retail Sales are required to meet the number of parking spaces and standards

outlined in Off-Street Parking Schedule B TMC§1107.0400. Pursuant to TMC§1107.0400 Parking, Loading, and Access – Schedule B, general retail sales are required to have one (1) parking space per 300 square feet of floor area. Calculations conclude that two (2) parking spaces are required for the proposed land use. The site plan submitted depicts a total of eight (8) customer parking spaces and is in compliance with the zoning code. The number of required bicycle parking slots is one (1) per ten (10) parking spaces. If approved, a revised site plan depicting the number and location of bicycle parking slots will be required as a condition of approval. Landscaping The purpose of landscape and screening is to preserve existing landscaping, promote health, safety and welfare; protect, preserve, and enhance aesthetic appeal, character and value of the surrounding neighborhoods; provide coordinated streetscapes; reduce heat island effect; reduce pollutants in stormwater runoff; and improve the appearance of parking lots.

If approved, staff recommends the installation of greenbelts along both street frontages, outside of the right-of-way, to include a minimum of five (5) feet in width and shall consist of trees and an evergreen hedge. Additionally, staff recommends the installation of foundation plantings along all portions of the building that are visible from the public right-of-way. A landscape plan has not been submitted and the submittal of a landscape plan is a condition of approval.

REF: SPR-2-17...May 11, 2017

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STAFF ANALYSIS (cont’d) Building Design A building elevation has been submitted indicating metal siding as the predominant exterior building material on the north, south, and west facades. The east façade is primarily standard concrete block. While these materials do not comply with TMC§1109.0501.A – (Façade Materials) the building is existing, therefore, if approved, no modifications are required. Façade colors shall be low-reflectance, subtle, neutral or earth tone colors. Building trim and accent areas may feature brighter colors, including primary colors subject to the approval of the Planning Director (TMC§1109.0502(A) - Design Standards). The existing commercial building is in compliance with this regulation of the Zoning Code. Staff views the canopy and support columns as obstructive to an efficient parking scheme while also being incompatible to the proposed development. Therefore, a condition of approval has been added requiring the removal of this feature (canopy and support columns) to resolve the aforementioned issues. Toledo 20/20 Comprehensive Plan

The Toledo 20/20 Comprehensive Plan targets this site for Neighborhood Commercial uses. The intent of the CN Neighborhood Commercial designation is to accommodate small and medium scale commercial uses that serve neighborhoods. The plan makes recommendations that are intended to improve the quality of life in neighborhoods and make them more attractive for current and future residents. The proposed development conforms to this land use designation.

Staff does not support the request for the canopy and support columns to remain on the site for the proposed development of general retail sales. The proposed request does not comply with all standards of the TMC, the zoning code, and other adopted City policies. Furthermore, the proposed plan does not provide for the safe, efficient, and convenient movement of pedestrians on the site

REF: SPR-2-17...May 11, 2017

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STAFF RECOMMENDATION

The staff recommends that the Toledo City Plan Commission recommend disapproval of SPR-2-17, a request for an appeal of an administrative disapproval of a Minor Site Plan Review, for a general retail shop located at 4460 Lewis Avenue, to the Toledo City Council, for the following two (2) reasons:

1. The proposed use does not comply with tall standards of the TMC, the zoning code, and other adopted City policies (TMC§1111.0908.A) ; and

2. The proposed plan does not provide for the safe, efficient, and convenient

movement of pedestrians on the site (TMC§1111.0908.D).

Although staff is recommending disapproval, conditions of approval are attached as Exhibit “A”.

MINOR SITE PLAN REVIEW TOLEDO CITY PLAN COMMISSION REF: SPR-2-17 DATE: May 11, 2017 TIME: 2:00 P.M.

GP Four (4) sketches follow Exhibit “A” follow

GENERAL LOCATION

SPR-2-17

ID 38

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ZONING & LAND USE

SPR-2-17

ID 38

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SPR-2-17 ID 38

SITE PLAN

N

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SPR-2-17 ID 38

ELEVATIONS

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REF: SPR-2-17...May 11, 2017

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EXHIBIT “A”

(agency conditions)

The following twenty-three (23) conditions are listed by agency of origin. Applicants are encouraged to contact each of the agencies to address compliance with their conditions.

Engineering Services

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

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.

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.

4. Required permits for all approved work in the public right-of-way shall be

obtained before work begins from One Stop Shop, (419) 245-1220.

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

5. 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 at 800-414-4990. Where devices are missing they shall be added. Contact the Division of Water Distribution (419-245-1395) to verify the backflow-prevention requirements for this site.

REF: SPR-2-17...May 11, 2017

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EXHIBIT “A” (cont’d)

(agency conditions) Engineering Services (cont’d)

6. The design professional and/or property owner shall submit written

documentation to the Division of Water Distribution that no changes are being made to the existing water service, 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.

7. Contact the City of Toledo Fire Prevention Bureau (419-245-1263) to verify the

fire-protection requirements for this site.

8. 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.

Sewer and Drainage Services

9. S&DS recommends that all private sewer lines that are not being removed or

properly abandoned (both storm & sanitary) be cleaned and inspected. 10. S&DS recommends that the private sanitary lines (after they have been cleaned)

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

Fire Prevention

No comments and/or objections to the site plan.

REF: SPR-2-17...May 11, 2017

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(agency conditions) Transportation

11. The parking under canopy is not shown as marked and striped. All marking must

be marked, striped and meet the dimensional requirements in accordance with the Toledo Municipal Code.

12. The parking under the canopy is depicted as angled parking, perpendicular

parking is more suitable for the current proposed parking lot configuration.

Plan Commission 13. 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.

14. Dumpsters may not be located in the public right-of-way as stated in TMC§1361.10(b)(10) of the Building Code.

15. Although the location of the canopy meets the required setback of ten (10) feet

and the design criteria per TMC§1104.0903, the existing canopy has lost its “grandfathered” status and deemed non-compliant. Pursuant to TMC§1104.0903 Use Regulations – Support columns shall be brick, brick base, or other durable materials compatible with the principle building.

16. 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.

17. To facilitate movement and to help maintain an orderly parking arrangement, all

parking spaces and aisles must be clearly striped, with a minimum width of four (4”) inches.

18. Bicycle parking slots shall be provided pursuant to Off-Street Parking Schedule

“A” (TMC§1107.0300). 19. Litter receptacles, for the use of parking area users and others, must be provided in

off-street parking areas in accordance with the provisions of Park9Street, Utilities and Public Services Code, Section 963.22. A litter receptacle is treated as an accessory structure and must adhere to the criteria outlined in (TMC§1107.1910).

REF: SPR-2-17...May 11, 2017

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(agency conditions) Plan Commission (cont’d)

20. 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)).

21. 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. Greenbelts are required along all street frontages. Greenbelt frontage landscaping shall be a minimum width of five (5’) feet; at least one (1) tree for every thirty (30) feet of lot frontage (existing trees may be eligible for credits);

b. A shrub or solid hedge row planting with a minimum height of eighteen (18”) inches (when installed so as to achieve full screening at maturity) shall be provided to minimize headlight glare onto the right-of-way;

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

area;

d. The location and direction of any proposed lighting. Lights and light fixtures used to illuminate any parking or loading area must be selected and arranged to direct and reflect the light away from any adjacent residential property and away from the sky above the light fixture.

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

area;

f. Foundation plantings along all portions of the building that is visible from the public right-of-way and landscaping at all major building entrances;

g. Landscaped areas may not contain bare soil, aggregated stone or

decorative rock. Any ground area must be covered with hardwood mulch, grass or other vegetative ground coverage;

REF: SPR-2-17...May 11, 2017

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(agency conditions)

Plan Commission (cont’d)

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

j. The location, type and direction of any proposed lighting. The lighting is

subject to the approval of the Director of the City of Toledo Plan Commission (lights are to be directed away from adjacent residential properties);

k. The location, height and materials for any fencing to be installed and

maintained shall be noted on fencing plan;

l. The location, lighting and size of any signs, all signage is subject to TMC§1387.

22. Minor adjustments to the site plan that do not violate the above conditions, or the

Toledo Municipal Code, may be reviewed and approved by the Director of the Toledo City Plan Commission.

23. No permits shall be issued until arrangements satisfactory to the Director of the

City of Toledo Plan Commission have been made for compliance with the conditions as set forth above.

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REF: Z-3004-17 DATE: May 11, 2017


Request - Request a for Zone Change from CO Office Commercial to CN Neighborhood Commercial

Location - 1740 Tremainsville Road Applicant - David Dowell

2751 N. Detroit Ave Toledo, OH 43610

Contact - Danielle Bates

1706 Avondale Ave Toledo, OH 43607

Site Description

Zoning - CO / Office Commercial Area - ± 0.25 acres Frontage - ±145’ along Tremainsville Road Frontage - ±153’ along Glen Park Drive Existing Use - Vacant Commercial Building

Proposed Use - General Retail Sales Area Description

North - Single Family Homes / RS6 South - Commercial / CR East - Single Family Homes / RS6 West - Hardware Store / CN

Parcel History

Z-199-60 - Request for Zone Change from C-2 Office Commercial and R – 2 Single Family Residential to C – 3 Regional Commercial. Toledo Plan Commission disapproval on 10/6/60, City Council approved on 1/16/61.

REF: Z-3004-17. . .May 11, 2017

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Parcel History (cont’d)

BSP-1-81 - Application to build new office building, zoned C –

2. Plan Commission recommended approval on 6/16/81.

Applicable Plans and Regulations

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

STAFF ANALYSIS

The applicant is requesting a Zone Change from CO Office Commercial to CN Neighborhood Commercial for a site located at 1740 Tremainsville Road. The ±0.25 acre site is currently occupied by a vacant office building. The site is an oddly shaped corner lot and is surrounded by residential zoning to the north and to the east, and commercial zoning to the west and south.

In 1981 the Plan Commission approved a request to develop a professional office building on the site. At the time, staff viewed the proposal as generally in character with the neighborhood. A professional office building was considered an appropriate buffer between Tremainsville Road and the residential neighborhood to the north along Garden Park Drive.

The applicant intends to utilize the existing structure for the General Retails Sales store for women’s clothing. General Retail Sales are defined in TMC§1116.0242 as “businesses involved in the sale, lease, or rent of new or used products to the general public. Typical uses include department stores, drug stores, apparel stores and furniture stores”. The proposed land use is not permitted in the current commercial zoning and therefore, requires an alternate commercial zoning to facilitate the development. The applicant has also expressed desires to develop the upper floor into two (2) dwelling units at sometime in the future.

Toledo 20/20 Comprehensive Plan

The Toledo 20/20 Comprehensive Plan targets this site for Neighborhood Commercial

land uses. The CN Neighborhood Commercial district is intended to accommodate pedestrian orientated small-scale retail and service businesses that serve nearby residential areas. This zoning is also intended to contain the sprawl of strip commercial zoning along major streets that are associated with neighborhoods.

REF: Z-3004-17. . .May 11, 2017

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STAFF ANALYSIS (cont’d) Toledo 20/20 Comprehensive Plan (cont’d)

Neighborhood Commercial land uses are often associated with the concept of an “urban

village”, walkable neighborhoods that foster a sense of community among its residents. The Toledo 20/20 Comprehensive Plan recommends that neighborhood commercial nodes are to be the focus of future retail and commercial development, and that intrusion into the neighborhoods not be permitted at other parts. The Plan also recommends developing strong, economically viable and diverse neighborhood commercial areas that help to provide entry-level jobs, offer quality products/services and entrepreneurial opportunities, and help to improve the City’s economic development and growth. Urban villages present opportunities for such development.

Staff recommends approval of the Zone Change from CO Office Commercial to CN Neighborhood Commercial because the proposed Zone Change will not detrimentally affect properties within the vicinity of the subject property. Additionally, the proposed Zone Change is consistent with zoning classifications of properties within the general vicinity of the subject property. 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-3004-17, a request for a Zone Change from CO Office Commercial to CN Neighborhood Commercial for the site located at 1740 Tremainsville Road, to the Toledo City Council, for the following three (3) reasons:

1. The proposed Zone Change amendment would not detrimentally affect properties within the vicinity of the subject property (TMC§1111.0606(E) – Review and Decision Making Criteria).

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

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

REF: Z-3004-17. . .May 11, 2017

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ZONE CHANGE TOLEDO CITY PLAN COMMISSION REF: Z-3004-17 DATE: May 11, 2017 TIME: 2:00 P.M.

CITY COUNCIL COMMITTEE OF PLANNING AND ZONING DATE: June 14, 2017 TIME: 4:00 P.M.

GP Two (2) sketches follow

GENERAL LOCATION

Z-3004-17

ID 40

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ZONING & LAND USE

Z-3004-17

ID 40

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REF: SPR-15-17 DATE: May 11, 2017 GENERAL INFORMATION Subject Request - Major Site Plan for two (2) new hotels Location - 3540 & 3554 Secor Road Owner - Jon Roumaya, President BG Hospitality LLC & Westgate Limited

3440 Secor Road Toledo, OH 43606 Engineer - George V. Oravecz Oravecz & Associates, LLC 5333 Secor Road, Suite 2 Toledo, OH 43623 Site Description

Zoning - Regional Commercial / CR Area - + 4.79 acres Frontage - + 60’ on Secor Road (total frontage)

Existing Use - Former Ramada Inn Hotel Proposed use - Two (2) new hotels

Parking Required - 228 spaces + bicycle parking Parking Provided - 186 spaces + shared parking agreement for 75

additional spaces. Area Description

North - Quality Inn Hotel, Interstate-475 / CR South - Secor Village Shopping Center / CR

East - Carskaddon Drive, apartment complex / RM36 West - Two (2) future restaurants, Secor Road / CR

Combined Parcel History

S-1-61 - Preliminary Drawing for the Hampshire Heights 2nd

Extension located north of Carskaddon Drive, SW of Monroe Street, and east of Secor Road (case withdrawn).

REF: SPR-15-17 . . . May 11, 2017

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GENERAL INFORMATION (cont’d) Combined Parcel History (cont’d)

Z21-C357 - R-2 Single Family Residential to C-2 Commercial

at the east of Secor Road and north of Central Avenue in Washington Twp. (P.C. approved on 1/03/1963).

Z-208-65 - C-3 Commercial to C-2 Commercial at the east side

of Secor Road between Central Avenue and Monroe Street (P.C. disapproved on 10/14/1965).

S-21-16 - Preliminary Drawing for SECOR VILLAGE PLAT

TWO, located at the SE corner of Secor Road and Interstate-475 in the City of Toledo (P.C. approved on 1/12/2017).

SPR-47-16 - Major Site Plan Review for two (2) new restaurants

at 3538 & 3610 Secor Road (P.C. approved on 1/12/2017).


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

STAFF ANALYSIS

The applicant is requesting a Major Site Plan Review in order to develop two (2) new hotels at 3540 & 3554 Secor Road. The site was the previously occupied by a commercial office building and a Ramada Inn that was demolished in the winter of 2016-2017. The applicant is proposing to construct two (2) hotels on two individually platted lots. A Preliminary Drawing (S-21-16) was approved at the January 12, 2017 Plan Commission hearing. One hotel will function as a “Marriott Residence Inn” and will be approximately 91,220 square feet. The other hotel will operate as a “Marriott Courtyard” and will be approximately 71,620 square feet.

Surrounding land uses includes the Quality Inn hotel to the north, a multi-dwelling

residential apartment complex to the east, the new Secor Village Shopping Center to the south and recently approved restaurants (SPR-47-16) in the front of the property along Secor Road to the west. Pursuant to TMC§1111.0802(B)(1 & 2), a Major Site Plan Review is required for all nonresidential developments with a floor area of more than 50,000 square feet or any proposed off-street parking with sixty (60) or more parking spaces. Although the project involves two (2) buildings on separate lots; the project is being considered as one site plan review.

REF: SPR-15-17 . . . May 11, 2017

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STAFF ANALYSIS (cont’d)

Parking and Circulation

The site plan depicts two access points, one from Secor Road and one from a cross-access

agreement, which shall be established and maintained from the new Secor Village Shopping Center to the south. The access point from Secor Road is shared with the recently approved restaurants located in front of the development.

Pursuant to TMC§1107.0304 – Off-Street Parking Schedule “A”, Lodging facilities are

required to have one (1) parking space per room, plus spaces required for associated uses. The site plan submitted indicates the Residence Inn hotel will have 110 rooms whereas the Courtyard hotel will have 118 rooms, for a combined total of 228 rooms. The required minimum number of parking spaces for the Residence Inn hotel is 110 parking spaces and 118 parking spaces for the Courtyard hotel.

The site plan submitted indicates that 186 spaces will be provided around the hotels, 114

parking spaces designated for Residence Inn and seventy-two (72) parking spaces for the Courtyard. The site plan also indicates the use of a shared parking easement containing an additional seventy-five (75) parking spaces. The number of parking spaces provided for both hotels satisfies the minimum parking requirements on site.

Furthermore, the minimum number of accessible parking spaces that must be provided is

six (6) spaces, five (5) auto-accessible and one (1) van-accessible space. The submitted site plan depicts four (4) accessible spaces at each hotel and exceeds the minimum number of accessible spaces required. However, at least one (1) of the four (4) spaces shall be designated as a van-accessible space and is listed as a condition of approval.

In addition to the minimum number of required off-street and accessible parking spaces,

bicycle parking is required on site. Per TMC§1107.0304 – Off-Street Parking Schedule “A”, a minimum of one (1) bicycle space shall be provided for every ten (10) automobile parking spaces on site. The minimum number of bicycle parking spaces required for the two (2) hotels is eighteen (18) spaces, eleven (11) spaces for the Residence Inn and seven (7) spaces for the Courtyard. The submitted site plan did not indicate the location or quantity of bicycle parking. As a condition of approval, a revised site plan shall be submitted depicting the location and minimum number of bicycle parking spaces.

Landscaping

A landscaping plan has been submitted for review however the specific quantity of plant

species was not indicated. Since the overall development is over five (5) acres, a thirty-foot (30’) greenbelt is required along the Secor Road frontage. The frontage greenbelt is required to include a solid evergreen hedge in order to screen the parking lot and ensure that headlights do not project onto the public street. The frontage greenbelt was reviewed and approved as part of the site plan (SPR-47-16) for the two (2) restaurants located in front of the hotels.

REF: SPR-15-17 . . . May 11, 2017

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Landscaping (cont’d)

A Type A landscape screen and buffer will be required along the eastern property line of

the site that abuts the multi-dwelling residential zoning district. Said screen and buffer shall consist of a solid six feet (6’) to eight feet (8’) tall fence or wall with a ten foot (10’) wide landscape buffer abutting the screening with canopy trees and shrubs. Fencing is to be installed so that the smooth/flush side faces away from the development site. Additionally, per TMC§1108.0204(9)(a), a minimum ten foot (10’) perimeter landscaping buffer is required at any location where the parking lot abuts a property line. The site plan submitted did not depict the Type A landscape buffer or perimeter landscaping and shall be included on a revised landscaping plan as a condition of approval.

Interior parking lot landscaping requires two (2) canopy trees and six (6) shrubs for each

ten (10) parking spaces within the parking lot. Using the number of parking spaces depicted on the submitted site plan, a total of thirty-six (36) canopy trees and 108 shrubs are required to be installed in the interior parking lot. Additional interior site landscaping shall include a two-inch (2”) caliper tree for every 1,000 square feet of building coverage, foundation plantings along all portions of the building that are visible from the public right-of-way and landscaping at all major building entrances. The submitted landscaping plan satisfies the foundation planting requirement but does not meet the minimum amount of interior parking lot landscaping landscape standards of TMC§1108.0204 & 1108.0205. Calculations conclude that ninety-one (91) trees are required for the Residence Inn and seventy-one (71) trees are required for the Courtyard. As a condition of approval, a revised landscaping plan shall be submitted depicting the correct number of interior parking lot canopy trees and shrubs. The submitted landscaping and site plan depict a proposed detention area in the northeast corner of the development. Although no landscaping is proposed in or around the detention area there are additional regulations which apply. As stated in TMC§1108.0203(I) – Stormwater Facilities, no rip-rap, crushed stone, concrete or other impervious materials may be exposed above the average pool elevation for any retention pond. Trees and other plant material can be planted along the stormwater facility, however, buffers or landscape screening areas that are part of the stormwater runoff system must comply with the City’s stormwater discharge control policies.

Dumpster receptacles are required to be screened and shall be separated from the main circulation and parking areas. As stated in TMC§1108.0203 (G)(5) - Dumpster/Trash Receptacle Screening, a dumpster may not be located in any required setbacks or landscape buffers and shall be located as far away from residential areas as possible. The submitted landscaping and site plan depicts the dumpsters within separate enclosures but along the eastern property within the required fifteen-foot (15’) rear setback and abutting a residential zoning district. The proposed location of the dumpsters is in violation of this regulation and therefore not acceptable. As a condition of approval, a revised landscaping and site plan shall be submitted depicting the dumpster locations in compliance with the TMC§1108.0203(G)(5).

REF: SPR-15-17 . . . May 11, 2017

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STAFF ANALYSIS (cont’d) Building Design

TMC§1109.0204(A)(1) requires that at least one main entrance of any commercial building shall face and open directly onto a five-foot (5’) wide connecting walkway to the street sidewalk without requiring pedestrians to walk around buildings or around parking lot outlines which are not aligned to a logical route. Connecting walkways may cross parking aisles or driveways if distinguished from driving surfaces through the use of durable, low maintenance surface materials such as pavers, bricks, scored concrete or scored and painted asphalt to enhance pedestrian safety and comfort. Raised walkways may also be installed if elevated six-inches (6”) with tapered side slopes and meet ADA standards. The submitted site plan depicts both hotel entrances facing internally without a pedestrian walkway connecting to the proposed sidewalk that runs parallel to the drive aisle north of the two restaurants. A revised site plan shall be submitted depicting a five-foot (5’) walkway connecting to the main entrances of both hotels and is listed as condition of approval. Additionally, a pedestrian crosswalk/connection shall be established from the proposed development to the Secor Village Shopping Center at the cross-access point to the south.

The applicant submitted building elevations of the two (2) hotels that indicate the façade

material percentage breakdowns of all materials to be used. Based on the overall design of the site, both buildings and two (2) sides of the facades shall be subject to the high quality design standards as listed in TMC§1109.0501. However, the submitted building elevations provided high quality materials on all four (4) sides. The design primarily includes the use of fiber cement siding/boards, stone veneer, glass and metal. The Residence Inn will include fiber cement plank siding, in a variety of earth-tone colors, as the primarily façade material with stone veneer along the base of the structure. The Courtyard will include fiber cement panels and stone veneer as the primary façade materials with metal columns and framing around entrances. The proposed building elevations and façade materials meet the standards of TMC§1109.0501 & 1109.0502.

Pursuant to TMC§1106.0102, the maximum height of buildings located within the CR

Regional Commercial Zoning District is sixty-five feet (65’). The applicant received a variance to exceed the maximum height through the Board of Zoning Appeals on July 18, 2016. However, the building elevations submitted depict both buildings below the maximum allowable height and in compliance with the Intensity and Dimensional Standards. Toledo 20/20 Comprehensive Plan

The Toledo 20/20 Comprehensive Plan targets this site for Regional Commercial uses. The intent of the Regional Commercial designation is to accommodate auto-oriented commercial development in areas already built in this manner and to accommodate community and regional-oriented commercial uses. Based on the nature of the proposed use and its location, the proposal meets the purpose and all applicable standards of the zoning code as outlined in TMC§1111.0809 – Approval Criteria. Additionally, staff recommends approval of the site plan because it is allowed in the current zoning district and conforms to the Toledo 20/20 Comprehensive Plan.

REF: SPR-15-17 . . . May 11, 2017

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STAFF RECOMMENDATION The staff recommends that the Toledo City Plan Commission approve SPR-15-17, the request for a Major Site Plan Review for two (2) new hotels at 3540 & 3554 Secor Road, for the following three (3) reasons:

1. The proposed use is consistent with the Toledo 20/20 Comprehensive Plan; 2. The proposed use complies with all standards of this Zoning Code

(TMC§1111.0809(A) Approval Criteria); and 3. The proposed use is allowed in the zoning district in which it is located

(TMC§1111.0809(B) Approval Criteria). The staff recommends that the Toledo City Plan Commission approve SPR-15-17, the request for a Major Site Plan Review for two (2) new hotels at 3540 & 3554 Secor Road, subject to the following sixty (60) conditions: The following conditions are listed by agency of origin. Applicants are encouraged to contact each of the agencies to address compliance with their conditions.

Division of Engineering Services

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

Division of Engineering Services: ph. 419-245-1315, fax 419-936-2850 Right-of-Way and Inspection: Joe Warnka 419-245-1341 Roadway: Tim Grosjean, 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 existing substandard sidewalk, drive approaches, curb, and pedestrian curb ramps

within the public right-of-way abutting the site shall be replaced and/or upgraded to conform to current City of Toledo Construction Standards, Specifications, Toledo Municipal Code, and Americans with Disabilities Act Guidelines.

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

REF: SPR-15-17 . . . May 11, 2017

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STAFF RECOMMENDATION (cont’d)

Division of Engineering Services (cont’d)

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

5. Required permits for all approved work in the public right-of-way shall be obtained, before work begins, from One Stop Shop, 419-245-1220. Contact Joe Warnka at 419-245-1341 for inspection of above-mentioned items.

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

7. The shared private fire line for Parcels 1 through 4 shall have a single owner that will be responsible for maintenance of the private fire line. In lieu of this requirement, there shall be an agreement, acceptable to the City of Toledo, addressing the shared responsibility between property owners for the installation, maintenance, and billing of the private fire line.

8. The plan indicates that the North Secor Village fire line will be connected to the privately-owned fire line for Secor Village to the south. There shall be an agreement between the North Secor Village property owners and the Secor Village property owners agreeing to the interconnection.

9. Contact the City of Toledo Fire Prevention Bureau (419-245-1263) to verify the fire protection requirements for this site. Verify that hydrant and post-indicator valve locations and accessibility are acceptable to the Toledo Fire Prevention Bureau. 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.

10. Detailed plans for the water services 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.

REF: SPR-15-17 . . . May 11, 2017

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

12. 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 at 800-414-4990. Contact the Division of Water Distribution (419-245-1395) to verify the backflow prevention requirements for this site.

13. Plans for new water meter shall be submitted to the Division of Water Distribution for review and approval. Meter setting details, including meter bypass and backflow preventers, shall be submitted to the City of Toledo Backflow Prevention Coordinator, 401 S. Erie Street, Toledo, OH 43602.

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

15. Plans for the water service shall be submitted to and approved by the Ohio EPA prior to starting construction of the water service.

16. If existing public water facilities are in conflict and must be relocated, they will be relocated by the City of Toledo at the owner’s cost.

17. The plan submitted for Plan Commission review indicates earth-disturbing activity greater than 2,500 square feet; therefore, a detailed site-grading plan, Stormwater Pollution Prevention Plan (SWP3), calculations, plans for stormwater service, and a maintenance plan and maintenance agreement for Post-Construction Stormwater Best Management Practices (BMPs) for this project shall be submitted directly to the Division of Engineering Services for stormwater review and approval.

REF: SPR-15-17 . . . May 11, 2017

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18. There is an existing 42” public storm sewer located on this property. In the interest of the public; the City would require a current recorded easement over the enclosure of this pipe. The standard easement for this size pipe and depth is 25 feet centered on the pipe. The easement shall be dedicated to the City of Toledo, for City utility use only, to allow for future maintenance and shall not be combined with easements for other utilities. The following language, and/or other such terms and conditions as determined to be appropriate or necessary by the Director of Law, shall appear on the recorded easement:

That a 25-foot utility easement (or however it is described on the drawing) is hereby dedicated to the City of Toledo for public (sewer/water/drainage) facilities. The easement shall be primary in nature to any other easements located therein and any easement retained by any other entity shall be subject first to the easement rights of the City of Toledo. Said easement herein shall be permanent in nature for each utility facility currently located thereon and shall run with the land. Said easement also includes reasonable rights of ingress and egress over and through the utility easement area for the purpose of operating, maintaining, replacing, repairing and/or constructing any utility facilities located within the easement. The property owner shall not construct fences, walls, or other barriers that would impede access onto the easement. No temporary or permanent structures, including building foundations, roof overhangs, or other barriers denying access, may be constructed on or within the easement. Driveways, parking lots, walkways, and other similar improvements are acceptable. The property owner hereby releases the City of Toledo, only, from any liability, responsibility, or costs resulting from the City’s removal of any barriers that deny ingress or egress from the easement or that obstruct access to the public utilities located on said property; and the City of Toledo shall have no obligation or duty to restore or compensate the property owner for the removed facilities.

19. Plan submittals shall be in conformance with the latest version of Infrastructure Design

and Construction Requirements available at http://toledo.oh.gov/services/public-utilities/div-engineering-services/plan-review-process/, including the requirements for stormwater detention and post-construction stormwater BMPs.

20. Plans are also subject to the: Criteria and Regulations of The Departments of Public

Utilities and Public Service; The Toledo Municipal Code, including but not limited to Chapters 941, 1110, and 1107; The Toledo City Charter; The “Subdivision Rules & Regulations” of Toledo-Lucas County Plan Commissions; City of Toledo Infrastructure Design and Construction requirements; and “The Comprehensive Ditch Plan.”

http://toledo.oh.gov/services/public-utilities/div-engineering-services/plan-review-process/

http://toledo.oh.gov/services/public-utilities/div-engineering-services/plan-review-process/

REF: SPR-15-17 . . . May 11, 2017

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Division of Engineering Services (cont’d) 21. Any person performing earth-disturbing activities within the City of Toledo shall employ

Construction Best Management Practices (BMPs) to provide sediment and erosion control during construction. Construction BMPs shall be designed and installed per the latest Ohio EPA General Stormwater NPDES permit.

22. All disturbed land areas over 1 acre must submit an NOI to and obtain a permit from the

Ohio EPA. 23. All sites disturbing 2,500 sq. ft or more shall develop a site-specific Stormwater Pollution

Prevention Plan (SWP3) which shall be submitted for review and approval. The SWP3 shall address all components required per the latest Ohio EPA General Stormwater NPDES permit and shall submitted with a completed submittal cover sheet, contact list, contractor certification form an the Ohio EPA SWP3 Checklist. The links to these documents can be found at http://www.tmacog.org/storc/swp3.htm.

24. The site plan shows an area set aside for stormwater detention, it is assumed that this is planned to serve the entire development. The area reserved is roughly 8000 square feet; this does not appear to be an adequate amount of space to achieve stormwater management goals for the disturbed area. Submit calculations to be reviewed by Engineering Services. Please note that neighborhood just downstream of this site is highly susceptible and extremely sensitive to flooding.

25. Project is proposing to use a water-quality structure that is an alternate to the OEPA table

2 BMP list. The alternate must be preapproved by the Ohio EPA. Post-construction BMPs for sites that disturb 5 acres or more (including common plan of development) shall be selected from and designed in accordance with the latest Ohio EPA General Stormwater NPDES Permit Table 2 “Structural Post-Construction BMPs & Associated Drain (Drawdown) Times.” If an alternate to the NPDES Table 2 is proposed, it must be preapproved by the Ohio EPA prior to submitting a NOI. The OEPA will only consider the use of alternate BMPs where it can be demonstrated that the implementation of the Table 2 BMPs isn’t feasible due to physical site constraints.

26. Designs incorporating low impact development solutions, such as grassy swales and bio-

retention areas in lieu of curb, storm sewers, and underground detention, are encouraged and may be eligible for a percent reduction in the property’s stormwater utility fee through the Stormwater Credit Program.

27. All storm drainage must be internal and not run off onto adjacent properties unless

approved by the City of Toledo Drainage Engineer.

http://www.tmacog.org/storc/swp3.htm

REF: SPR-15-17 . . . May 11, 2017

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Division of Engineering Services (cont’d) 28. No construction work, including any earth disturbing work will be permitted without

approved plans and inspection.

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

30. 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.

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

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

33. 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.

34. All sanitary sewer manholes in the project area shall have solid lids installed on them.

35. Sanitary shall be connected to sewer on Secor Road.

Sewer & Drainage Services

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

37. All 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

38. Private fire hydrants will be required. Locate minimum 40’ from buildings. Final

location to be approved by the Fire Prevention Bureau.

39. Adequate fire apparatus turning radius shall be maintained on fire access routes.

40. Facility address numbers shall be visible from Secor Road.

REF: SPR-15-17 . . . May 11, 2017

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Division of Environmental Services 41. Applicant shall maintain compliance with the City of Toledo’s Stormwater regulations as

specified in the Toledo Municipal Code.

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

43. Applicant shall develop an in-depth Stormwater Pollution Prevention Plan to adequately treat surface runoff. Any green infrastructure measures that can be included to minimize runoff and increase infiltration are highly advisable.

44. 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 sources of pollutant in the stormwater runoff, including but not limited to long-term operation and maintenance of both structural and non-structural Best Management Practices.

45. Applicant shall maintain compliance with the Toledo Municipal Code 930.12 for grease and sand separators/traps installation and maintenance.

46. Applicant shall maintain compliance with the City of Toledo and State of Ohio’s Air

Quality Regulations applicable in the Toledo Municipal Code and the Ohio Administrative Code including, but not limited to the Anti-Noise Laws.

Division of Transportation

No concerns or objections. Plan Commission

47. Per TMC§1109.0204(A), at least one main entrance of any commercial, mixed-use, or

institutional building shall face and open directly onto a five-foot (5’) wide connecting walkway to the street sidewalk without requiring pedestrians to walk around buildings or around parking lot outlines which are not aligned to a logical route; not acceptable as depicted on site plan. The main entrances of the hotels shall include a pedestrian walkway connecting to the proposed sidewalk parallel to the drive aisle north of the two restaurants and shall be depicted on revised site plan. A pedestrian crosswalk/connection shall be established from the proposed development to the Secor Village Shopping Center at the cross-access point to the south.

48. Cross-access agreements shall be established and maintained indefinitely between all affected parcels and the adjacent parcels to the north and south.

REF: SPR-15-17 . . . May 11, 2017

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49. Per TMC§1107.1701, at least one (1) of the four (4) accessible parking spaces proposed around each hotel shall be designated as a van-accessible parking space and meet the dimensions standards stated in TMC1107.1702(B); not acceptable as depicted on site plan. Shall be depicted on revised site plan.

50. There is no bicycle parking depicted on the submitted site plan. A total of eighteen (18) bicycle spaces are required for the facility and shall be in compliance with TMC§1107.0900; not acceptable as depicted on site plan. Shall be depicted on revised site plan.

51. The building design shall meet the requirements of TMC§1109.0500 Building Façade Materials and Color. Exterior building materials shall not include concrete blocks, concrete panels or wood sheet goods as a predominant material. The façade colors shall be low-reflectance, subtle, neutral or earth tone colors; acceptable as depicted on building elevations submitted.

52. Per TMC§1108.0203(G), 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; not acceptable as depicted on site plan. Dumpster cannot be located in required fifteen-foot (15’) rear seatback. Shall be depicted on revised site plan.

53. Dumpsters may not be located in the public right-of-way as stated in TMC§1361.10(b)(10) of the Building Code; acceptable as depicted on site plan.

54. A concrete curb or permanent wheel stops shall be constructed along the edge of all parking spaces adjoining landscaping areas.

55. Per TMC§1107.1910, litter receptacles for the use of parking area users and others, must be provided in off-street parking areas in accordance with the provisions of Part 9 Street, Utilities and Public Services Code, Section 963.22; if applicable.

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

REF: SPR-15-17 . . . May 11, 2017

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

a. A thirty-foot (30’) Greenbelt is required along the Secor Road frontage and shall

include one tree for every thirty (30) of lot frontage and a solid evergreen hedge to screen headlights from public view; this greenbelt was approved as part of the SPR-47-16.

b. Interior parking lot landscaping requires two (2) canopy trees and six (6) shrubs for each ten (10) parking spaces within the parking lot; not acceptable as depicted on landscaping plan. A total of thirty-six (36) canopy trees and 108 shrubs are required to be installed in the interior parking lot. Shall be depicted on revised landscaping plan.

c. The following shall be provided for interior site landscaping: one (1) two-inch (2”) caliper tree for every 1000 square feet of building coverage (footprint); foundation plantings along all portions of the building that are visible from the public rights-of-way and at all major building entrances (acceptable). Interior site landscaping not acceptable as depicted on landscaping plan. A total of ninety-one (91) trees are required for the Residence Inn and seventy-one (71) trees for the Courtyard. Shall be depicted on revised landscape plan.

d. A Type A Landscape Buffer is required along the rear of the property where the site

abuts residential zoning. This buffer shall include ten feet (10’) of landscaping and a solid wood, board on board fence; not acceptable as depicted on landscaping plan. Shall be depicted on revised landscaping plan.

e. The proposed stormwater facilities shall comply with the provisions and standards

outlined in TMC§1108.0203(I). No rip-rap, crushed stone, concrete or other impervious materials may be exposed above the average pool elevation for any retention pond; if applicable.

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

depicted on landscaping plan. g. Landscape terminal islands must be provided at the end of each parking row;

acceptable as depicted on landscaping plan.

REF: SPR-15-17 . . . May 11, 2017

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h. 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; river rock cobblestone is not an approved ground cover.

i. The location, number, height, diameter and species of any materials to be planted and maintained, as well as the location and number of any existing trees to be retained; not acceptable as depicted on landscaping plan. Shall be noted on revised landscaping plan.

j. If site is ½ acre or larger, landscaped areas must be irrigated as necessary to maintain

required plant materials in good and healthy condition. Irrigation plans must be submitted with development plans and must contain all construction details; shall be noted on revised landscape plan.

k. The location, height and materials for any fencing to be installed and maintained; and l. The location and direction of any proposed lighting (lights are to be directed away from

adjacent residential properties).

58. 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.

59. 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.

60. No permits shall be issued until arrangements satisfactory to the Director of the City of

Toledo Plan Commission have been made for compliance with the conditions as set forth above.

MAJOR SITE PLAN REVIEW

TOLEDO CITY PLAN COMMISSION REF: SPR-15-17 DATE: May 11, 2017 TIME: 2:00 P.M. RS Eight (8) sketches follow

SPR-15-17 ID 46

GENERAL LOCATION

N

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SPR-15-17 ID 46

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N

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SPR-15-17 ID 46

SITE PLAN

N

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SPR-15-17 ID 46

LANDSCAPE PLAN

N

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SPR-15-17 ID 46

ELEVATIONS

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REF: SUP-3001-17 DATE: May 11, 2017


Request - A Special Use Permit for a drug and alcohol treatment center, non-residential

Location - 115 South Reynolds Road

Applicant - Pinnacle Treatment Centers C/O: Robert O’Sullivan

1317 Route 73 North Mount Laurel, NJ 08054

Engineer - Glass City Engineering and Surveying, LLC C/O: Bryan Ellis, P.E.

2001 River Road Maumee, OH 43537

Owner - Lorenzen Realty C/O: Justin Lorenzen

25 North Ontario Street Toledo, OH 43604

Site Description Zoning - CR / Regional Commercial Area - ±2.14 acres Frontage - ±239’ along South Reynolds Road Existing Use - Multi-Tenant Commercial Building Proposed Use - Drug and Alcohol Treatment Center Area Description

North - Restaurant / CR South - Mobile Home Park / RS6 East - Farm & Market / RS6 West - Commercial Buildings / CR

Parcel History

S-6-71 - Request for a Preliminary Drawing for the Great

Lakes Plaza located at the Southeast corner of Hill and Reynolds. Approved by Plan Commission on 6/17/91.

REF: SUP-3001-17...May 11, 2017

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Parcel History (cont’d)

S-6-72 - Request for a Final Drawing for the Great Lakes Plaza located at the Southeast corner of Hill and Reynolds. Approved by Plan Commission on 2/16/72.

S-19-77 - Request for a re-plat of Great Lakes Plaza Lot 1.

Approved by Plan Commission on 5/27/77. Applicable Regulations

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

STAFF ANALYSIS The applicant is requesting a Special Use Permit for the development of a non-residential drug and alcohol treatment center located at 115 South Reynolds Road. The site consists of one (1) parcel comprised of ±2.14 acres of total land area and is occupied by a multi-tenant commercial building. The site is zoned CR Regional Commercial.

The applicant, Pinnacle Treatment Centers, is proposing to operate a non-residential Drug and Alcohol Treatment Center out of one (1) bay of the existing multi-tenant commercial building. The applicant intends to lease approximately 7,000 square feet of the building to operate as an outpatient treatment center for people with substance abuse disorders. A letter of approval from the property owner has been submitted. At full capacity, the staffing mix will be as follows: 1-2 licensed physicians, with oversight by an additional Medical Director (also licensed physician), 5-7 nurses (both RNs and LPNs), 10+ licensed addiction counselors, and 3-4 administrative staff.

The company offers medication-assisted treatments. It also provides detoxification and inpatient or outpatient rehabilitation, among their various treatments. Their aim is to provide comfort and care for a speedy recovery to all their clients struggling with drug and alcohol addiction. It is anticipated that most of the patients to be treated at the site will be those with opioid addictions. The letter of intent states that “The Center will be open six (6) days a week, from approximately 5:30/6:00 AM to 3:00 PM. Some counseling services may be provided after 3:00 PM. Medication will be available to patients during all business hours, and counseling will be provided one day a week. Treatment will normally take less than 15 minutes, and counseling sessions will be 60 to 90 minutes. There will be no overnight stays”.

REF: SUP-3001-17...May 11, 2017

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A non-residential drug and alcohol treatment center is required to meet the Group Living

and Day Care – Spacing rules and regulations outlined in TMC§1104.1000. This section of the Code states that “Group Living facilities, Type A Family Day Care Home and Nonresidential Drug and Alcohol Centers that are subject to this spacing requirement, must be at least 500 feet from a site with any other Group Living facilities, Type A Family Day Care Home and Nonresidential Drug and Alcohol Centers”. The proposed land use is not in violation of this requirement at the subject site. Parking and Circulation

As indicated in the Off-Street Parking Schedule “A”, off-street parking for non-

residential drug and alcohol treatment center requires one (1) parking space for every 300 square feet of building area. The site plan indicates that the 3-bay multi-tenant commercial building is currently occupied by two (2) commercial uses, a dollar store and a construction company. All three (3) uses will require a total of seventy-eight (78) parking spaces. The site plan provided depicts a total of seventy-five (75) parking spaces and is therefore non-compliant. The proposed use of a Drug and Alcohol Treatment Center will require twenty-four (24) of those spaces. The applicant will be required to submit an alternative parking plan to allow for a reduction in the minimum number of required parking spaces.

A portion of the total number of required off-street parking spaces must be specifically designated, located, and reserved for the use by persons with physical disabilities. The table in TMC§1107.1701 outlines the minimum number of accessible spaces that must be provided. Pursuant to said table, the applicant is required to provide at least one (1) space for persons with physical disabilities. The site plan submitted shows compliance with this regulation. All spaces reserved for the use by persons with physical disabilities shall adhere to the standards outlined in TMC§1107.1700. Required spaces for persons with disabilities must be located in close proximity to building entrances and be designed to permit occupants of vehicles to reach the building entrances on an unobstructed path.

Parking lots must be maintained in a safe operating condition so as not to create a hazard or nuisance. All materials used in the construction of paving, lighting fixtures, retaining walls, fences, curbs and benches must be continuously maintained and kept free of debris and hazards (TMC§1107.1909). As a requirement of TMC§1107.1910, litter receptacles, for the use of parking area users and others, must be provided in off-street parking areas in accordance with the provisions of Part 9 Street, Utilities and Public Services Code, Section 963.22. A litter receptacle is to be treated as an accessory structure and must adhere to the criteria outlined in TMC§1107.1910.

REF: SUP-3001-17...May 11, 2017

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STAFF ANALYSIS (cont’d) Building Design

The intent of building design standards is to ensure a base level of quality architecture that is responsive to its context and contributes to the established architectural character of an area rather than a design solution that is based on a standardized formula or market prototype superimposed on the selected site. Not all buildings in the surrounding area contribute equally to the area character and each example shall be weighed against the balance of all other projects. In areas with little, nor or poor immediate context, or under redevelopment, proposals should add to area character without rigid uniformity or design (TMC§1109.0205).

The owner of the building has communicated that there are plans to remove the existing façade and upgrade to a more modern aesthetic. For facades visible from the public right-of-way, high-quality materials listed in TMC§1109.0501 must comprise of at least seventy-five percent (75%) of the total wall area of the façade. Façade colors are required to be low-reflectance, subtle, natural or earth tone colors. Building trim and accent areas may feature brighter colors, including primary colors subject to the approval of the Planning Director. This will be reviewed under a separate site plan review and is not part of the subject Special Use Permit.

The materials used in the design of paving, lighting fixtures, retaining walls, fences, curbs

and benches must be of good appearance, easily maintained, and indicative of their function. Lights and light fixtures used to illuminate any parking or loading area must be selected and arranged to direct and reflect the light away from any adjacent residential property and public ways and away from the sky above the light fixture (TMC§1107.1908). Landscaping and Screening

TMC§1108.0203(G) Dumpster/Trash Receptacle Screening states that Dumpster location(s) shall be clearly defined, have a concrete pad and be surrounded by an enclosure constructed of high quality materials. Dumpster/trash receptacle screening must be minimum height of six (6’) feet on all four sides. Screening materials can be any combination of evergreen plantings, fence or wall structure. A dumpster may not be in any required setback or landscape buffers and shall be located as far away from residential areas as possible. The site plan submitted does not depict the location of the dumpster nor the required screening.

The site is located in a tenant space in an exiting multi-tenant building. Staff recognizes that the site is existing and that the applicant has little control over the overall site issues. However, staff will require that a fifteen (15’) foot greenbelt be added along Reynolds Road.

REF: SUP-3001-17...May 11, 2017

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STAFF ANALYSIS (cont’d) Toledo 20/20 Comprehensive Plan

The Toledo 20/20 Comprehensive Plan provides a set of recommendations to guide the future growth and development of the City. The Toledo 20/20 Comprehensive Plan targets this site for Regional Commercial uses. The intent of the CR Regional Commercial designation is to accommodate auto-oriented commercial development in areas already built in this manner and to accommodate community and regional-oriented commercial uses. The proposed development conforms to this land use designation.

Staff has reviewed the proposed Special Use in accordance with the criteria of TMC§1111.0706. Based on the results of the review, staff has determined that the Special Use Permit is suitable for this location because the proposed use will not affect the value of other properties in the neighborhood in which it is to be located. Additionally, the proposed use complies with The Toledo 20/20 Comprehensive Plan, and it complies with all applicable provisions of the Zoning Code. STAFF RECOMMENDATION

The staff further recommends that the Toledo City Plan Commission recommend approval of SUP-3001-17, a request for a Special Use Permit to operate a non-residential Drug and Alcohol Treatment Center located at 115 Reynolds Road, to the Toledo City Council, for the following three (3) reasons:

1. The proposed use complies with all applicable provision of the Toledo Municipal

Zoning Code (TMC§1111.0706.B).

2. The proposed use will not affect the value of other properties in the neighborhood in which it is to be located (TMC§1111.0706.D) ; and

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

The staff further recommends that the Toledo City Plan Commission recommend approval of SUP-3001-17, a request for a Special Use Permit to operate a non-residential Drug and Alcohol Treatment Center located at 115 Reynolds Road, to the Toledo City Council, subject to the following twenty-seven (27) conditions:

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

REF: SUP-3001-17...May 11, 2017

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Engineering Services

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

Division of Engineering Services: ph. 419-245-1315, fax 419-936-2850 Right-of-Way and Inspection: Joe Warnka 419-245-1341 Roadway: Tim Grosjean, ph. 419-245-1344 Water: Andrea Kroma, ph. 419-936-2163 Stormwater Drainage: Lorie Haslinger, ph. 419-245-3221; Andy Stepnick 419-245-1338 Sanitary Sewers: Mike Elling, ph. 419-936-2276

2. All existing substandard sidewalk, drive approaches, curb, and pedestrian curb

ramps within the public right-of-way abutting the site shall be replaced/upgraded to conform to current City of Toledo Construction Standards, Specifications, Toledo Municipal Code, and Americans with Disabilities Act Guidelines.

3. All proposed sidewalk, drive approaches, curb, and pedestrian curb ramps within

the public right-of-way shall be constructed in accordance with the City of Toledo Construction Standards, Specifications, Toledo Municipal Code, and Americans with Disabilities Act guidelines.

4. All commercial drive approaches, (along with the sidewalk through the drive)

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

5. Required permits for all approved work in the public right-of-way shall be

obtained, before work begins, from One Stop Shop, (419) 245-1220.

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


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

REF: SUP-3001-17...May 11, 2017

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Engineering Services (cont’d) 8. Plans for new water meter or modifications to the existing water meter shall be

submitted to the Division of Water Distribution for review and approval. 9. 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 (419-245-1395) to verify the backflow prevention requirements for this site.

10. The design professional and/or property owner shall submit written

documentation to the Division of Water Distribution that no changes are being made to the existing water service, 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.

11. Contact the City of Toledo Fire Prevention Bureau (419-245-1263) to verify the

fire protection requirements for this site. 12. New fire, domestic, and irrigation taps on public or unmetered private waterlines

will be installed by City of Toledo at the owner/developer’s expense. 13. 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 stormwater 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, Stormwater Utility, including stormwater detention and post-construction stormwater BMPs as specified in the City of Toledo Infrastructure Design and Construction Requirements and the Ohio EPA NPDES General Stormwater Permit for Construction Activities.

REF: SUP-3001-17...May 11, 2017

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Comments not received at the time of printing

Fire Prevention

No comments or objections Transportation

14. Parking for persons with disabilities must be provided. ADA parking shall be

provided that meets the configuration and dimensional requirements of the Toledo Municipal Code.

Plan Commission

15. Dumpster location(s) shall be clearly defined, have a concrete pad and be

surrounded by an enclosure constructed of high quality materials. Arborvitae, as indicated on the landscape plan shall be maintained around the dumpster indefinitely.

16. A non-residential drug and alcohol treatment center is required to meet the Group Living and Day Care – Spacing rules and regulations outlined in TMC§1104.1000.


driveways must be surfaced with concrete, bituminous asphalt, or other dust-free material other than gravel or loose fill, and be graded to drain all surface water towards the interior of the parking lot or to a stormwater treatment facility subject to the regulations approval of the Department of Public Utilities. Acceptable as depicted on site plan.

18. All spaces reserved for the use by persons with physical disabilities shall adhere to

the standards outlined in TMC§1107.1700. Not acceptable as depicted on site plan.


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)) Not acceptable as depicted on site plan.

REF: SUP-3001-17...May 11, 2017

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Plan Commission (cont’d) 20. The applicant is required to submit an alternative parking plan to allow for a

reduction in the minimum number of required parking spaces.

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

22. The building design shall meet the requirements of TMC§1109.0200 Commercial,

Mixed Use and Institutional Design Standards. The building materials of the façade improvements shall meet the requirements of TMC§1109.0500 Building Façade Materials and Color when the façade upgrade occurs. Façade materials shall be submitted for review and approval of the Planning Director as a separate Site Plan Review.

23. A detailed site, lighting, fencing and four (4) landscaping plans separate from the

building plans shall be submitted to the Plan Director for review and approval. Such plan shall include:

a. A four (15’) foot wide frontage greenbelt is required along the South

Reynolds Road right-of-way, but not including alleys. Calculations conclude that a total of eight (8) trees are required in the frontage greenbelt along South Reynolds Road. Site Plan Review concludes that a continuous shrub with a minimum height of 18 inches (when installed so as to achieve full screening at maturity) is required along South Reynolds Road.

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

area; 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 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;

REF: SUP-3001-17...May 11, 2017

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e. All landscape material must be properly maintained. No approved plant

material shall be removed for any reason without being replaced with like kind, or without submitting a revised landscape plan to the Planning Director for review or approval.

f. The land owner, or successors in interest, or agent, if any, or lessee must

be jointly responsible for the regular maintenance of all landscape materials as well as any plant material removed.

g. The location, type and direction of any proposed lighting. The lighting is

subject to the approval of the Director of the City of Toledo Plan Commission (lights are to be directed away from adjacent residential properties).

24. 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.

25. 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.

26. 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.

27. 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.

REF: SUP-3001-17...May 11, 2017

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SPECIAL USE PERMIT TOLEDO CITY PLAN COMMISSION REF: SUP-3001-17 DATE: May 11, 2017 TIME: 2:00 P.M.

CITY COUNCIL COMMITTEE OF PLANNING AND ZONING DATE: June 14, 2017 TIME: 4:00 P.M.

GP Four (4) sketches follow

GENERAL LOCATION

SUP-3001-17

ID 108

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ZONING & LAND USE SUP-3001-17 ID 108

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SUP-3001-17 ID 108

SITE PLAN N

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SUP-3001-17 ID 108

SURVEY N

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REF: SUP-3005-17 DATE: May 11, 2017 GENERAL INFORMATION Subject Request - Special Use Permit for Used Auto Sales Location - 4652 Monroe Street

Applicant - Mohammed Yassine P.O. Box 351415 Toledo, OH 43635 Engineer - Walter J. Hales, AIA Hales Architecture & Planning

3601 W. Alexis Road, Suite 211 Toledo, OH 43623 Site Description Zoning - Regional Commercial / CR Area - ± 0.39 acres Frontage - ± 54’ on Sylvania Avenue ± 54’ on Monroe Street Existing Use - Pageplus Communications (General Retail) Proposed Use - Pageplus Communications & Used Auto Sales Lot

Parking Required - 14 total spaces (1 per 5,000 square feet of open sales area (±15,000 sq. ft.) plus 1 per 500 square feet of enclosed sales area (±1,500 sq. ft.), plus 1.5 per service bay (2 service bays)), plus 1 per 300 square feet of retail floor area (±1,500 sq. ft.).

Parking Provided - 10 spaces Area Description North - Sylvania Avenue, Mercy St. Anne’s Hospital / CR South - Monroe Street, Sister’s of Notre Dame / CR-PUD East - Vacant lot, Rite-Aid Pharmacy / CR West - Auto parts store / CR

REF: SUP-3005-17. . . May 11, 2017

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GENERAL INFORMATION (cont’d) Parcel History

SPR-40-08 - Major Site Plan Review for Page Plus Retail Center at 4638 & 4652 Monroe Street & 3339 W. Sylvania Avenue (P.C. approved with conditions on 9/11/2008).


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

STAFF ANALYSIS The request is for a Special Use Permit to operate a Used Auto Sales lot at 4652 Monroe Street. The overall site is comprised of one (1) parcel with frontage on Monroe Street and West Sylvania Avenue. The current site is occupied by Pageplus Communications retail store with an area of roughly 3,000 square feet and contains two service bays facing Sylvania Avenue. Surrounding land uses include an auto parts retail store to the west, pharmacy to the east, hospital to the north across Sylvania Avenue and the Sister’s of Notre Dame Campus to the south across Monroe Street. A Special Use Permit has been required for all new Used Auto Sales facilities since 2004. Used Auto Regulations TMC§1104.0300 – Auto and RV Sales, Used Only outlines site design criteria for used auto sales facilities, including criteria governing minimum lot size and frontage. Used auto sales facilities shall be located on a lot with no less than one-half (1/2) acre of area and have a minimum width of 150 feet along the main road frontage. The site plan submitted is not in compliance with these regulations. Additionally, as stated in TMC§1104.0307, Used Auto Sales facilities shall not be permitted on sites containing another primary use. The site is currently occupied by an existing retail store and the proposal is in violation of this regulation. Site plans for Used Automobile and Recreational Vehicle Sales shall delineate, with dimensions, parking areas and drive aisles for the outdoor display area and customer/employee parking area. Used vehicle inventory shall only be displayed, parked or located within designated parking spaces approved and defined on the plan. Required customer/employee parking may not be used for used vehicle inventory (TMC§1104.0308). The site plan submitted does not delineate the outdoor display areas with customer parking and therefore not in compliance with this regulation.

REF: SUP-3005-17. . . May 11, 2017

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STAFF ANALYSIS (cont’d) Parking and Circulation As stated in TMC§1107.1101, lots containing more than one land use must provide parking and loading in an amount equal to the total of the requirements for all land uses. Pursuant to TMC§1107.0304 – Off-Street Parking Schedule “A”, Auto and Recreational Vehicle Sales/Rental facilities are required to have one (1) parking space for every 5,000 square feet of open sales area, plus one (1) parking space for every 500 square feet of enclosed sales area, plus one and one half (1.5) parking spaces for every service bay. The site plan depicts a total 15,000 square feet of open sales area, requiring three (3) customer parking spaces on the site. Calculations using the square footage of enclosed sales (1 per 500 sq. ft.) and two (2) service bays would require an additional six (6) customer spaces. The total number of parking spaces required for the Used Auto Sales facility is nine (9) parking spaces. Pursuant to TMC§1107.0400 – Off-Street Parking Schedule “B” Additional Commercial Standards, a General Retail facility is required to have one (1) parking space per every 300 square feet. Total customer parking required for the retail store (1 per 300 sq. ft.) would be five (5) parking spaces. The minimum number of parking spaces required for both uses on site equate to fourteen (14) parking spaces. The site plan submitted depicts a total of ten (10) parking spaces but does not delineate the total number of customer parking spaces. If approved, a revised site plan shall be submitted depicting the appropriate number of parking spaces.

The Division of Transportation has objected to the approval of the site plan and recommends deferral or disapproval of the application until the following comments are addressed in a revised site plan. The Division of Transportation has identified several issues with the site required to be in conformance with the Toledo Municipal Code. The site plan does not show the configuration of the sales area. The proposed arrangement of the display vehicles must be indicated on the site plan. Additionally, all drive aisles, parking stalls and access drives must meet the minimum requirements of the Toledo Municipal Code. This requirement includes parking for employee(s), customers and vehicle sales display areas. Finally, if not already established, cross access agreements shall be formalized with adjacent property owners. If approved, a revised site plan shall be submitted addressing the concerns raised by the Division of Transportation. Conditions of approval are listed in Exhibit “A”. Landscaping The site plan submitted depicts landscaping proposed on the site however it does not meet minimum requirements or identify planting details. A fifteen (15’) foot frontage greenbelt is required along Monroe Street and Sylvania Avenue. The frontage greenbelt shall include a solid evergreen hedge along both frontages to screen the parking lot. Low, undulating (horizontal and vertical) earth berms or decorative stone or brick walls (no concrete block), or ornamental metal fencing or combinations thereof may also be approved by the Planning Director.

REF: SUP-3005-17. . . May 11, 2017

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STAFF ANALYSIS (cont’d) Landscaping (cont’d) In addition to the installation of frontage greenbelts, staff is requesting the installation of foundation plantings and interior/perimeter landscaping. Foundation plantings are required along all portions of the building that are visible from the public right-of-way and at all major building entrances. If approved, a revised landscaping plan shall be submitted addressing the conditions of approval as listed in Exhibit “A”. Toledo 20/20 Comprehensive Plan The Toledo 20/20 Comprehensive Plan targets this site for Regional Commercial uses. The intent of the Regional Commercial designation is to accommodate auto-oriented commercial development in areas already built in this manner and to accommodate community and regional-oriented commercial uses. Based on the nature of the proposed use and its location, the proposal is consistent with the Toledo 20/20 Comprehensive Plan. However, staff recommends disapproval of the proposed site plan because the Division of Transportation has objected. Additionally, staff recommends disapproval of the Special Use Permit for this location because it does not meet the use regulations for Used Auto Sales lots as listed in TMC§1104.0306 – Lot Size or TMC§1104.0307 – Accessory Uses. Finally, the proposal does not comply with all applicable provisions of the Zoning Code as outlined in TMC§1111.0706 – Review and Decision-making Criteria. STAFF RECOMMENDATION The staff recommends that the Toledo City Plan Commission recommend disapproval of SUP-3005-17, a Special Use Permit to operate a Used Auto Sales lot at 4652 Monroe Street, to Toledo City Council for the following four (4) reasons:

1. The Division of Transportation has objected to the approval of the submitted site plan.

2. The request does not meet the provisions of TMC§1104.0306 for Used Auto Sales requiring a minimum lot size of one-half (0.5) acre of area and one-hundred fifty feet (150’) of major street frontage.

3. Used automobile and recreational vehicle sales shall not be permitted on sites containing another primary use (TMC§1104.0307); and

4. The proposed use does not comply with all applicable provisions of this Zoning Code

(TMC§1111.0706(B) Review & Decision-Making Criteria).

REF: SUP-3005-17. . . May 11, 2017

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STAFF RECOMMENDATION (cont’d) Although staff is recommending disapproval, conditions of approval are included and listed by agency of origin as Exhibit “A” for informational purposes.

SPECIAL USE PERMIT TOLEDO CITY PLAN COMMISSION REF: SUP-3005-17 DATE: May 11, 2017 TIME: 2:00 P.M. CITY COUNCIL ZONING AND PLANNING COMMITTEE DATE: June 14, 2017 TIME: 4:00 P.M.

RS Three (3) sketches follow One (1) exhibit follows

SUP-3005-17 ID 78

GENERAL LOCATION

N

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SUP-3005-17 ID 78

ZONING & LAND USE

N

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SUP-3005-17 ID 78

SITE PLAN

N

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REF: SUP-3005-17. . . May 11, 2017

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EXHIBIT “A”

Review Agency Conditions

The following forty (40) conditions are listed by agency of origin. Applicants are encouraged to contact each of the agencies to address compliance with their conditions. Division of Engineering Services

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

Division of Engineering Services: ph. 419-245-1315, fax 419-936-2850 Right-of-Way and Inspection: Joe Warnka 419-245-1341 Roadway: Tim Grosjean, 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 existing substandard sidewalk, drive approaches, curb, and pedestrian curb

ramps within the public right-of-way abutting the site shall be replaced/upgraded to conform to current City of Toledo Construction Standards, Specifications, Toledo Municipal Code, and Americans with Disabilities Act Guidelines.

3. All proposed sidewalk, drive approaches, curb, and pedestrian curb ramps within the

public right-of-way shall be constructed in accordance with the City of Toledo Construction Standards, Specifications, Toledo Municipal Code, and Americans with Disabilities Act guidelines.

4. 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/opening. Existing drive approaches, including the curb drop, that will no longer be utilized shall be removed and restored with curb to match the adjacent curb.

5. Required permits for all approved work in the public right-of-way shall be obtained,

before work begins, from One Stop Shop, 419-245-1220.

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


7. Plans for new water service or modifications to the existing water service shall be

submitted to the Division of Engineering Services for review and approval.

REF: SUP-3005-17. . . May 11, 2017

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8. Plans for new water meter or modifications to the existing water meter shall be

submitted to the Division of Water Distribution for review and approval. 9. 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 at 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 (419-245-1395) to verify the backflow prevention requirements for this site.

10. The design professional and/or property owner shall submit written documentation to

the Division of Water Distribution that no changes are being made to the existing water service, 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.

11. Contact the City of Toledo Fire Prevention Bureau (419-245-1263) to verify the fire

protection requirements for this site. 12. If existing fire and domestic services are not to be reused, they shall be abandoned by

the City of Toledo at the developer’s expense.

13. 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 stormwater 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, Stormwater Utility, including stormwater detention and post-construction stormwater BMPs as specified in the City of Toledo Infrastructure Design and Construction Requirements and the Ohio EPA NPDES General Stormwater Permit for Construction Activities.


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

REF: SUP-3005-17. . . May 11, 2017

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Sewer & Drainage Services (cont’d)

15. Recommend 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

16. Access through the used car lot shall be maintained for fire vehicle use.

17. Facility address number must be on the building and visible from Monroe Street.

Division of Environmental Services

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

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

20. Applicant shall develop an in-depth Stormwater Pollution Prevention Plan to adequately treat surface runoff. Any green infrastructure measures that can be included to minimize runoff and increase infiltration are highly advisable.

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

22. Applicant shall maintain compliance with the City of Toledo and State of Ohio’s Air

Quality Regulations applicable in the Toledo Municipal Code and the Ohio Administrative Code including, but not limited to the Anti-Noise Laws.

Division of Transportation

23. The site plan does not show the configuration of the sales area. The proposed

arrangement of the display vehicles must be indicated on the site plan.

REF: SUP-3005-17. . . May 11, 2017

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Division of Transportation (cont’d)

24. Drive aisles, parking stalls and access drives must meet the minimum requirements of

the Toledo Municipal Code. This requirement includes parking for employee, customer and sales display vehicles.

25. If not already established, cross access agreements shall be formalized with adjacent property owners.

Plan Commission

26. 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 (if applicable).

27. Dumpsters may not be located in the public right-of-way as stated in TMC§1361.10(b)(10) of the Building Code.

28. 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)) (if applicable).

29. 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.

30. All vehicles on display must be parked in striped parking spaces that shall be

designated on an approved Site Plan. Vehicle parking that deviates from the approved Site Plan shall not be permitted. Shall be depicted on revised site plan.

31. Repairs and services of vehicles shall be conducted wholly within an enclosed building permanently located on the site.


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)).

REF: SUP-3005-17. . . May 11, 2017

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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.

34. If the existing sales building is rebuilt or modified in the future, the building design shall meet the requirements of TMC§1109.0500 Building Façade Materials and Color. Exterior building materials shall not include concrete blocks, concrete panels or wood sheet goods as a predominant material. EIFS may not constitute more than 15% of the exterior for facades visible from the public right-of-way. The façade colors shall be low-reflectance, subtle, neutral or earth tone colors.

35. Pursuant to TMC§1108.0203(H) – Outdoor Storage Screening, in all Commercial and Industrial districts, fencing to screen from public view open storage areas shall be required in accordance with the following criteria: The fencing shall be at least 6 feet high, but not higher than 10 feet, except that, when adjacent to a Residential district or residential use, fencing no higher than 3½ feet high shall be installed within the front setback. The fence type may be shadow box, chain link with slats, stockade, or another type approved by the Plan Commission (if applicable).

36. No new free-standing signs greater than forty-two (42) inches from grade are

permitted – any proposed signage must meet the requirements of low-profile signs per Toledo Municipal Code Title Nine – Sign Code.

37. A detailed site, lighting, fencing and four (4) copies of a landscaping plan (separate

from building & site plans) shall be submitted to the Plan Director for review and approval. Such plan shall include:

a. A fifteen-foot (15’) greenbelt is required along the Sylvania Avenue and Monroe

Street frontages, and shall include a solid evergreen hedge planting and one tree per every 30 feet of frontage; not acceptable as depicted on site plan. Shall be noted on revised landscaping plan.

b. Interior parking lot landscaping requires two (2) canopy trees and six (6) shrubs for each ten (10) parking spaces within the parking lot; not acceptable as depicted on site plan. Shall be noted on revised landscaping plan.

c. The following shall be provided for interior site landscaping: one (1) two-inch

(2”) caliper tree for every 1000 square feet of building coverage (footprint); not acceptable as depicted on site plan. Shall be noted on revised landscaping plan.

REF: SUP-3005-17. . . May 11, 2017

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d. 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; not acceptable as depicted on site plan. Shall be noted on revised landscaping plan.

e. Foundation plantings for the full street-facing building elevation; and landscape areas at major building entrances; not acceptable as depicted on site plan. Shall be noted on revised landscaping plan.

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

g. Landscaped areas may not contain bare soil, aggregated stone or decorative rock. Any ground area must be covered with hardwood mulch, grass or other vegetative ground coverage; 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.

i. The location, height and materials for any fencing to be installed and maintained.

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

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

38. 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.

39. 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.

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

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REF: SPR-16-17 DATE: May 11, 2017

GENERAL INFORMATION

Subject

Request - Major Site Plan Review for a New Grocery Store Location - 3835 Secor Road Applicant - Alan McLaughlin The Kroger Company 4111 Executive Parkway Westerville, OH 43081 Engineer - Andrew Gardner, P.E. Bird + Bull Engineers + Surveyors 3500 Snouffer Road, Suite 225 Columbus, OH 43235 Landscape - Todd Farris Architect Farris Planning & Design 243 N. 5th Street Columbus, OH 43215 Architect - Anthony Frey CR Architecture + Design 600 Vine Street, Ste. 2210 Cincinnati, OH 45202 Owner - Sisters of Notre Dame 3837 Secor Road Toledo, OH 43623

Site Description

Zoning - CR-PUD Regional Commercial Planned Unit Development

Area - ± 18.714 Acres Frontage - ± 760 Feet along Secor Road ± 720’ Feet along Monroe Street Existing Use - Sisters of Notre Dame Campus Proposed Use - Grocery Store with Two (2) Outlots

REF: SPR-16-17. . .May 11, 2017

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Area Description North - Gas Station, Drug Store, Automotive Parts / CR

Regional Commercial South - I-475, Self-Storage, Single Family Residential /

RS9 Single Dwelling Residential & IP Planned Industrial

East - Existing Kroger Store, Gas Station, Restaurants, Oil Service / CR Regional Commercial

West - Notre Dame High School & Day Care / RS9 Single Dwelling Residential

Parcel History

PL-4-04 - Parking Lot Review for Revisions to the Existing

Lot. Administratively Approved 07/07/04. Z-3003-15 - Zone Change from RS9 Single Dwelling Residential

to CR Regional Commercial. Plan Commission recommended disapproval 06/11/15. City Council disapproved 11/10/15.

SPR-10-15 - Major Site Plan Review for a New Grocery Store

and Outlots at 3835 Secor Road. Staff recommended disapproval 06/11/15. Plan Commission approved 06/11/15.

Z-11001-16 - Zone Change from RS6 to CR at 3835 Secor Road

(Companion Case). Plan Commission recommended disapproval 02/09/17. City Council approved 03/21/17.

PUD-11002-16 - Planned Unit Development for New Grocery Store

and Outlots at 3835 Secor Road (Companion Case). Plan Commission recommended disapproval 02/09/17. City Council approved 03/21/17.

Applicable Plans and Regulations

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

REF: SPR-16-17. . .May 11, 2017

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STAFF ANALYSIS The request is a Major Site Plan Review for a new 123,455 square foot Kroger Marketplace located at 3835 Secor Road. The plan also includes two outlots and an open space parcel. The outlots are not part of this review, but are show for conceptual purposes. The 18.714-acre site is located on the southwest corner of Secor Road and Monroe Street. Surrounding land uses include a high school and day care to the west, a gas station and other neighborhood commercial uses to the north, neighborhood and regional commercial uses to the east, and I-475, a self-storage facility, and single family residential to the south. A companion Zone Change (Z-11001-16) and Planned Unit Development (PUD-11002-16) were approved by Toledo City Council on March 21st. A neighborhood meeting was held on January 11, 2017 in order to discuss the project and provide an opportunity for public comment. The applicant submitted a similar proposal last year. The Kroger store and parking lot remain the same with the exception of a small reconfiguration of the online order and prescription pickup areas in order to meet zoning requirements for stacking spaces. The primary changes include a reduction from four (4) outlots to two (2), the addition of two (2.24) acres of open space with the existing mature vegetation preserved, and the submission of a Planned Unit Development (PUD). The PUD will bind the developers to the approved plan and require full council approval for any significant amendments. LAYOUT The proposed Kroger Marketplace is located towards the back of the site and meets all required setbacks. The building is located closest to the side and rear property lines. It provides a fifty seven (57) foot side setback from the expressway and a seventy three (73) rear setback from Notre Dame High School. A thirteen (13) foot side setback and a seventeen (17) rear setback are required (based on the building height) along with a Type A landscape buffer due to adjacent residential zoning. The site plan also shows the location of buildings on the proposed outlots. The outlots are in compliance with all setbacks. The primary access to the site will be from Monroe Street. A new traffic signal is proposed at that intersection in order to accommodate traffic flow to and from the site. Secondary access is provided on Secor Road, however this will be limited to right out and right in traffic. A concrete median will be installed at the secondary entrance to restrict left turns to and from the site. These two entrances direct traffic onto a twenty-four (24) foot internal drive. The proposed outlots will not have separate, external curb cuts and will utilize the internal drive to access both lots. Additional curb cuts directly onto Monroe Street or Secor Road will not be permitted. This item is included as a condition of approval.

REF: SPR-16-17. . .May 11, 2017

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STAFF ANALYSIS (cont’d) LAYOUT (cont’d) Sidewalks are typically located four (4) to five (5) feet from a public roadway in order to provide safety and separation from vehicular traffic and inclement weather. A portion of the public sidewalk along Monroe Street is located without any separation as a result of a previous right turn lane widening project. Staff is requesting at least five (5) feet of right-of-way be dedicated and the sidewalk moved back in order to provide adequate separation from the street. This will be addressed as part of the platting process. The proposal would impact the required thirty (30) foot frontage greenbelt along Monroe Street and may impact at least one (1) existing tree providing six (6) tree credits based on the existing tree preservation plan. The current proposal would shift the sidewalk around this tree towards Monroe Street and is subject to approval by the Division of Engineer Services. If the proposal is not approved and the tree is removed an additional six (6) trees or tree credits shall be provided in the frontage greenbelt PARKING The required parking for the new 123,455 square foot Kroger Marketplace is three hundred sixty three (363) spaces. The site plan indicates that five hundred fifteen (515) spaces will be provided. In addition to the required off-street parking, loading zones and bicycle parking is also required. TMC 1107.1000 Off-street Loading Schedule - requires five (5) loading spaces be provided. A multi-bay loading area is shown on the west side of the grocery store. The elevations indicate that five (5) loading bays will be provided. The required bicycle parking is one (1) bicycle space per ten (10) automobile spaces provided, not to exceed fifty (50) spaces. As a result, the required bicycle parking is fifty (50) spaces. The plan is in compliance with these requirements. LANDSCAPING A thirty (30) foot frontage greenbelt is required along Monroe Street and Secor Road. The site is providing the required thirty (30) foot frontage greenbelt along Secor Road and for the open space lot along Monroe Street. A twenty five (25) foot buffer is provided along Monroe Street for the outlot. The applicant indicated that this is needed to accommodate the dedication of additional land for the relocation of the sidewalk in a way that would not impact the development of the outlot. The loss of any additional land from the right-of-way dedication, after the first five (5) feet will be achieved by reconfiguring the development of the outlot.

REF: SPR-16-17. . .May 11, 2017

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STAFF ANALYSIS (cont’d) LANDSCAPING (cont’d) A total of fifty (50) trees are required along the one thousand four hundred eighty (1,480) linear feet of frontage along with a solid evergreen hedge or mounding whenever parking is proposed in the front of a property. Forty nine (49) trees are provided with a combination of existing tree credits and new trees and the parking spaces visible from the two proposed outlots include a mixture of solid evergreen hedges and three (3) or four (4) foot mounding. The plan is in compliance with the exception of one (1) additional tree in the frontage greenbelt. A Type “A” buffer is required along the western and southern property line because of adjacent residential zoning. This requires ten (10) feet with a fence and twenty five (25) feet without a fence and a total of eighty eight (88) trees and three hundred twenty seven (327) shrubs. TMC 1108.0203.D.2 states that a fence, wall, or berm six (6) to eight (8) feet height may substitute for shrub requirements except for a Type “A” landscape buffer with a minimum width of ten (10) feet. The plan provides an eight (8) foot tall cedar fence and five (5) foot mounding along the western property line along with seventy (70) trees and one hundred thirty seven (137) shrubs. A total of one hundred thirty one (131) trees are provided via existing tree credits to the south along with twenty four (24) shrubs shared with the parking lot perimeter. The plan is in compliance with the exception of a two hundred thirty (230) foot long ten (10) foot Type “A” buffer along the south property line adjacent to the highway sound wall. This area requires a privacy fence and eleven (11) additional shrubs. These items are included as conditions of approval unless waivers are obtained. Staff is supportive of these waivers, provided a wall is installed should the sound wall ever be removed. Parking lot landscaping is required along the perimeter of the parking area as well as within the interior. A total of ten thousand three hundred (10,300) square feet of interior landscaping area is required, one hundred four (104) trees, and three hundred twelve (312) shrubs. A total of sixteen (16) trees and a continuous row of shrubs are required around the perimeter of the parking lot for areas visible from the right-of-way or residential districts. Additional requirements about landscaping dimensions, distances from parking spaces, and landscape terminal islands at the ends of parking rows must also be met. The plan is in compliance with all parking lot landscaping requirements with the exception two (2) landscape terminal islands for parking rows closest to the main entrance. A waiver of the landscape islands has been requested for the two (2) ADA parking areas closest to the building. This item is included as conditions of approval unless a waiver is obtained from the Plan Commission.

REF: SPR-16-17. . .May 11, 2017

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STAFF ANALYSIS (cont’d) LANDSCAPING (cont’d) Landscaping is also required within the interior of the site, along the foundations of all street facing building elevations visible from the public right of way, and at major building entrances. A total of one hundred twenty four (124) trees are required on the site, exclusive of frontage greenbelts and parking lot areas. The required trees are provided via existing tree credits. Foundation plantings are required along any façade visible from the public right of way. Plantings are provided along the eastern façade in two locations. Plantings are not provided along the northern façade because of the proposed drive-through or along major building entrances because of the proposed overhang of entryway canopies. These items are included as a condition of approval unless a waiver is obtained from the Plan Commission. FENCING The plan indicates that an eight (8) foot tall wood fence will be installed in the Type “A” landscape buffer along the western property line. The fence is located outside the front setback along the Monroe Street right-of-way and is in compliance with zoning regulations. DESIGN Any development over 50,000 square feet is subject to the standards found in TMC 1109.0300 for large scale retail projects. The standards are intended to promote the design of an urban environment that is built to human scale, encourages attractive street fronts, and accommodates pedestrians while also accommodating vehicular movements. The standards include elements focused on parking lots, pedestrian circulation, building design, and transit stops. Parking spaces shall be located on multiple sides of the buildings, not exceed two hundred (200) parking spaces without being subdivided, and limit total parking available between a building and the primary street to no more than sixty five (65) percent without additional buffer. The plan achieves these objectives and while the total parking available between the building and the primary street exceed sixty five (65) percent it is mitigated by the presence of the wooded open space lot and screening from the two (2) proposed outlots.

REF: SPR-16-17. . .May 11, 2017

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STAFF ANALYSIS (cont’d) DESIGN (cont’d) Pedestrian circulation shall be designed to incorporate at least one continuous walkway from the principal customer entrance to each primary street frontage with visual elements along thirty percent of the length, provide walkways at least six feet in width along the length of any façade featuring a customer entrance with at least six feet of distance from blank walls along the building, weather protection features at entrances, and pedestrian walkways with differentiation from vehicular driving surfaces. The plan provides two pedestrian walkways from the store to primary frontages and incorporates weather elements at customer entrances. The differentiation of pedestrian walkways from driving surfaces is required. All walkways will be painted, but only the two connections closest to the store will include decorative elements. Additionally, the site is required to integrate a bus stop into the traffic and pedestrian circulation. The applicant will need to consulate with TARTA and provide documentation to the Director of Planning. This item is included as conditions of approval. Buildings facades visible from public streets or properties shall incorporate seventy five (75) or more of high quality materials and be designed so that wall surfaces will not exceed one hundred (100) feet without incorporating a series of offsets. These offsets shall be a minimum width of twenty five (25) feet, a minimum depth of four (4) feet, and cover a minimum of twenty five (25) percent of the building wall. The required recess or offset need not extend to the roofline if an alternate design solution is used such as arches. Facades shall incorporate at least one element from TMC 1109.0306.B along sixty (60) of their horizontal length. Entrances shall be clearly defined with at least three (3) elements from TMC 1109.0306.D. Rooftop equipment, such as HVAC units, shall incorporate architectural features fully concealing them from public view. These standards would apply to the east and north facades. Building height shall also not exceed thirty five (35) feet for a one-story building. The elevations incorporate deep set windows with mullions along the east and north building elevations and include peaked roofs, canopies, and building wall projections at customer entrances. All four (4) building elevations will utilize cast brick as the predominant material with split faced concrete masonry units and EIFS as accents. The elevations indicate that eight (8”) inch tall brick will be used along facades not visible from the right-of-way, but does not indicate brick height for the east and north elevations. Brick height shall not exceed four (4”) inches in height and shall be indicated on revised elevations. This item is included as a condition of approval. The eastern façade will incorporate EIFS and glass via a series of windows with mullions. EIFS will cover fourteen (14.6) percent of this facade. The entryways exceed the maximum building height for a single story building per TMC 1109.0306.E, however these features are ornamental and are exempt from height requirements per TMC 1106.0206.B.1.

REF: SPR-16-17. . .May 11, 2017

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STAFF ANALYSIS (cont’d) DESIGN (cont’d) Additionally, the site plan and elevations do not provide the required offsets at intervals of not less than twenty five (25) feet nor more than one hundred (100) feet along the northern façade found in TMC 1109.0306.A. The applicant feels that the two canopies along this façade are consistent with the “alternate design solution” in this regulation. As a result, the applicant is requesting a waiver of this section. This item is included as a condition of approval unless a waiver is obtained from the Plan Commission. PLATTING Due to the large scale, complex nature, the need to control vehicular access, and the incorporation of a Planned Unit Development, platting of this site is required pursuant to the City of Toledo Subdivision Rules and Regulations. The objectives outlined in the subdivision rules and regulations state that orderly development of land shall include safe and convenient vehicular and pedestrian circulation within, adjacent and between subdivisions. This shall be regulated through the planning, subdividing and development of land to promote and protect public health, safety, and general welfare. The plat shall include vehicular access restrictions along major roadways, except at the designated entrances, indicate cross access agreements between all lots, dedicate at least five (5) feet of right of way along Monroe Street, southeast of the primary access point and relocate the existing sidewalk to provide adequate separation, and establish the proposed open space as a conservation parcel with the preservation of existing landscaping and prohibitions on future development. This item is included as a condition of approval. STAFF RECOMMENDATION The staff recommends that the Toledo City Plan Commission approve SPR-16-17, a Major Site Plan Review for a New Grocery Store at 3835 Secor Road for the following two (2) reasons:

1. The site plan complies with all standards of the Toledo Municipal Code, this Zoning Code and other adopted policies; TMC 1111.0809.A.; and

2. The proposed use is permitted in the district in which it is located – TMC 1111.0809.B.

REF: SPR-16-17. . .May 11, 2017

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Staff recommends that the Toledo City Plan Commission make the following decisions

regarding necessary waivers: Chapter 1108 Landscaping and Screening 1108.0202 Frontage Greenbelt

B. Requirements 3. Frontage greenbelts shall be a minimum width of 15 feet. For properties over

5 acres and/or those with over 500 feet of frontage, the frontage greenbelt shall be a minimum of 30 feet wide measured perpendicular from the street or place right-of-way abutting the property.

Approve waiver to allow a five (5) foot reduction in the thirty (30) foot frontage greenbelt along Monroe Street for the length of the outlot parcel. Chapter 1108 Landscaping and Screening 1108.0203 Buffer and Screening Requirements

E. Type A Landscape Buffer

Approve waiver for the solid fence requirement for a Type “A” landscape buffer as long as the existing ODOT sound wall remains. Chapter 1108 Landscaping and Screening 1108.0203 Buffer and Screening Requirements

E. Type A Landscape Buffer

Approve waiver to allow a reduction in the number of shrubs from the required thirty five (35) to the proposed twenty four (24) for a two hundred thirty (230) foot portion of a ten (10) foot Type “A” buffer along the south property line. Chapter 1108 Landscaping and Screening 1108.0204 Parking Lot Landscaping (Interior and Perimeter)

B. Area and Dimensional Standards 7. Landscaped terminal islands must be provided at the end of each parking row.

Approve a waiver for landscaped terminal islands for the two parking rows with ADA spaces closest to the building. Chapter 1108 Landscaping and Screening 1108.0205 Interior Site Landscaping

B. Standards

Approve a waiver for foundation plantings along the northern façade.

REF: SPR-16-17. . .May 11, 2017

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Chapter 1108 Landscaping and Screening 1108.0205 Interior Site Landscaping

B. Standards

Approve a waiver for landscaping at major entrances. Chapter 1109 Design Standards 1109.0306 Building Design

A. A wall surface longer than 100 feet will incorporate a series of recesses or offsets, at intervals of not less than 25 feet nor more than 100 feet, that vary the depth of the building wall by a minimum of 4 feet. Not less than 25 percent of the building wall shall be varied in this way. The required recess or offset need not extend to the roofline if an alternate design solution is used such as arches.

Disapprove a waiver to allow canopies to count as an alternate design solution for wall offsets.

Staff further recommends approval subject to the following fifty one (51) conditions: The following conditions are listed by agency of origin. Applicants are encouraged to contact each of the agencies to address compliance with their conditions.

Engineering Services 1. A pre-submittal meeting is not required, however one may be requested. Contact

information is as follows: Division of Engineering Services: ph. 419-245-1315, fax 419-936-2850 Right-of-Way and Inspection: Joe Warnka 419-245-1341 Roadway: Tim Grosjean, ph. 419-245-1344 Water: Andrea Kroma, ph. 419-936-2163 Stormwater Drainage: Lorie Haslinger, ph. 419-245-3221; Andy Stepnick 419-245-1338 Sanitary Sewers: Mike Elling, ph. 419-936-2276

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

REF: SPR-16-17. . .May 11, 2017

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Engineering Services (cont’d)

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

4. 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/opening. Existing drive approaches, including the curb drop, that will no longer be utilized shall be removed and restored with curb to match the adjacent curb.

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

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


8. Our records indicate that there is an existing private hydrant serving the adjacent parcel to

the west that will need to be relocated onto said parcel. A separate plan will need to be submitted to the Division of Engineering Services for the relocation of this hydrant.

9. The private fire line loop for the site shall be located within the main parcel and shall

have a single owner that will be responsible for maintenance of the private fire line loop. Outparcel owners desiring to tap into the private fire line loop shall enter into an agreement with the owner of the fire line for permission to utilize the fire line loop for fire or domestic purposes.

10. Detailed plans for the water services 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.

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

REF: SPR-16-17. . .May 11, 2017

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12. 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 (419-245-1395) to verify the backflow prevention requirements for this site.

13. The water meter setting details, including meter bypass and backflow preventer, shall be submitted to the City of Toledo Backflow Prevention Coordinator, 401 S. Erie Street, Toledo, OH 43602.

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

15. All existing water services to structures removed from the site will be abandoned at the developer’s expense.

16. Maintain 10 feet of horizontal clearance between proposed water service and sanitary or

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

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

18. If existing public water facilities are in conflict and must be relocated, they will be

relocated by the City of Toledo at the owner’s cost.

19. The plan submitted for plan commission review indicates earth-disturbing activity greater than 2,500 square feet; therefore, a detailed site-grading plan, Stormwater Pollution Prevention Plan (SWP3) , calculations, plans for stormwater service and a maintenance plan & maintenance agreement for Post-Construction Stormwater Best Management Practices (BMP’s) for this project shall be submitted directly to the Division of Engineering Services for stormwater review & approval.

REF: SPR-16-17. . .May 11, 2017

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20. Plan submittals shall be in conformance with the latest version of Infrastructure Design and Construction Requirements available at http://toledo.oh.gov/services/public-utilities/div-engineering-services/plan-review-process/, including the requirements for stormwater detention and post-construction stormwater BMP’s.

21. Any person performing earth-disturbing activities within the City of Toledo shall employ Construction Best Management Practices (BMPs) to provide sediment and erosion control during construction. Construction BMP’s shall be designed and installed per the latest Ohio EPA General Stormwater NPDES permit.

22. All disturbed land areas over 1 acre must submit an NOI to and obtain a permit from the Ohio EPA.

23. All sites disturbing 2,500 sq. ft or more shall develop a site specific Stormwater Pollution Prevention Plan (SWP3) which shall be submitted for review and approval. The SWP3 shall address all components required per the latest Ohio EPA General Stormwater NPDES permit and shall submitted with a completed submittal cover sheet, contact list, contractor certification form an the Ohio EPA SWP3 Checklist. The links to these documents can be found at http://www.tmacog.org/storc/swp3.htm.

24. Post construction BMP’s for sites that disturb 5 acres or more (including common plan

of development) shall be selected from and designed in accordance with the latest Ohio EPA General Stormwater NPDES Permit Table 2 “Structural Post-Construction BMP’s & Associated Drain (Drawdown) Times”. If an alternate to the NPDES Table 2 is proposed it must be preapproved by the Ohio EPA prior to submitting a NOI. The OEPA will only consider the use of alternate BMP’s where it can be demonstrated that the implementation of the Table 2 BMP’s isn’t feasible due to physical site constraints.

25. If the proposed stormwater management area is to satisfy the stormwater detention and

post-construction BMP’s for the entire developed property, including any future outparcel development, an overall drainage layout and design shall be developed including an agreement between the outparcel owners and the main parcel owner establishing permission to drain through main property, utilize the stormwater management area and establish the maintenance responsibilities of each party. This may also be addressed on the Plat. Otherwise, each parcel, when developed, will be required to comply individually with the Ohio EPA General Stormwater NPDES permit Table 2 BMP’s at the time of their development.

REF: SPR-16-17. . .May 11, 2017

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26. Designs incorporating low impact development solutions, such as grassy swales and bio-retention areas in lieu of curb, storm sewers, and underground detention are encouraged and may be eligible for a percent reduction in the property’s stormwater utility fee through the Stormwater Credit Program.

27. All storm drainage must be internal and not run off onto adjacent properties unless approved by the City of Toledo Drainage Engineer.

28. No construction work, including any earth disturbing work will be permitted without approved plans and inspection.

29. Sanitary sewer service for this development is available subject to the Rules and

Regulations of the Department of Public Utilities. 30. 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. 31. If there are any existing structures to be demolished at the site, the sanitary services to

such structures will be killed by the City of Toledo at the developers cost.

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

33. 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.

34. All sanitary sewer manholes in the project area shall have solid lids installed on them. Sewer and Drainage Services

35. S&DS requires that all private sewer lines that are not being removed or properly

abandoned (both storm & sanitary) be cleaned and inspected.

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

REF: SPR-16-17. . .May 11, 2017

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Fire Prevention

37. Private fire hydrants are most advantageous to responding personnel when located along approved fire access roads. Hydrants shown on the plan may have to be relocated. Will coordinate with engineers and designers to accomplish placement.

38. The location of the fire department connection (FDC) shall be approved by the fire official. The FDC shall be located on the Secor Rd side (front) of the building.

Transportation

39. The left turn lanes shall align on Monroe St. at the access drive.

40. Indicate the access drives to the properties on the north side of Monroe St. across from this development. Coordination between these property owners and this developer shall occur as needed to minimize cut through traffic. The alignment of the new signalized drive shall be designed to incorporate medians and other improvements to minimize pedestrian conflicts and maximize capacity.

41. The traffic signal design, installation and related energy costs shall be the responsibility

of the developer and will be subject to approval by this office.

Plan Commission

42. Dumpsters may not be located in any required setback or landscape buffers and shall be located as far away from residential areas as possible. Shall be indicated on a revised plan, if applicable.

43. Litter receptacles shall be provided in accordance with Toledo Municipal Code Section 963.22. These standards include two containers in easily accessible locations for first 25 spaces, one container for every fifty additional spaces or as approved by Director of Public Service. Containers shall have secured lids and secured to the ground to minimize spillage.

44. Four (4) copies of a revised detailed site, lighting, fencing, and landscaping plan shall be submitted to the Plan Director for review and approval (separate from the building and site plans). Such plan shall include:

a. The front setback for the outlot along Monroe Street shall be thirty (30) feet. Applicant must obtain a waiver of TMC 1108.0202.B.3 or comply fully with the requirements of said section.

REF: SPR-16-17. . .May 11, 2017

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Plan Commission

b. One (1) additional tree in the required frontage greenbelt along Monroe Street or

Secor Road. Additional trees may be required in the frontage greenbelt along Monroe Street to accommodate the relocated sidewalk if the one (1) tree providing six (6) credits cannot be preserved.

c. Eleven (11) additional shrubs in the ten (10) foot Type “A” landscape buffer along the south property line. Applicant must obtain a waiver of TMC 1108.0203.E or comply fully with the requirements of said section.

d. Two (2) landscape terminal islands are for the ADA parking rows closest to the main entrances. Applicant must obtain a waiver of TMC 1108.0204.B.7 or comply fully with the requirements of said section.

e. Foundation plantings are required along the northern façade and along all major

building entrances. Applicant must obtain a waiver of TMC 1108.0205.B or comply fully with the requirements of said section.

f. If any preserved trees die they must be replaced with another tree or trees that are

at least equal to the credited value of the preserved tree. This also applies to any trees on conservation lots that are being preserved but not used for credits.

g. A solid fence or wall is required for the ten (10) foot Type “A” landscape buffer

on the southern property line. Applicant must obtain a waiver of TMC 1108.0203.E or comply fully with the requirements of said section.

h. Irrigation shall be required for projects over ½ acre in site area. Landscaped areas must be irrigated as necessary to maintain required plant materials in good and healthy condition. Irrigation plans must be submitted with development plans and must contain all construction details.

45. The site is required to integrate a transit stop into the traffic and pedestrian circulation

system on the site. The developer shall consult with TARTA and provide documentation to the Director of Planning. TMC 1109.0307.

46. The north facades shall incorporate the required building plan offsets at intervals between twenty five (25) and one hundred (100) feet. Offsets shall be a minimum of twenty (25) feet, a minimum depth of four (4) feet, and cover a minimum of twenty five (25) percent of the building wall. Height of cast brick shall not exceed four (4”) inches along the east and north façade. Applicant must obtain a waiver of TMC 1109.0306.A or comply fully with the requirements of said section.

REF: SPR-16-17. . .May 11, 2017

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Plan Commission

47. No freestanding signs greater than forty-two (42) inches from grade are permitted.

Proposed signage must meet the requirements of Toledo Municipal Code Part Thirteen Title Nine – Sign Code.

48. A Final Plat shall be recorded for this development. The Final Plat shall include vehicular

access restrictions along major roadways, except at the designated entrances, indicate cross access agreements between all lots, dedicate at least five (5) feet of right of way along Monroe Street, southeast of the primary access point and relocate the existing sidewalk to provide adequate separation, additional right-of-way as necessary to relocate sidewalks to ensure adequate separation from public roadways as a result of traffic improvements and establish the proposed open space as a conservation parcel with the preservation of existing landscaping and prohibitions on future development.

49. 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.

50. Minor adjustments to the site plan that do not violate the above conditions, or the Toledo

Municipal Code, may be reviewed and approved by the Director of the Toledo City Plan Commission. Major adjustments will require an amendment to the Special Use Permit.

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

SITE PLAN REVIEW TOLEDO PLAN COMMISSION REF: SPR-16-17 DATE: May 11, 2017 TIME: 2:00 P.M.

JL Six (6) sketches follow

SPR-16-17 ID 78

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BLANK PAGE

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 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 419-245-7000 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 06/14 bp

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