LUCAS COUNTY PLAN COMMISSION REPORT July 24, 2019Lucas County Subdivision Rules and Regulations...
Transcript of LUCAS COUNTY PLAN COMMISSION REPORT July 24, 2019Lucas County Subdivision Rules and Regulations...
![Page 1: LUCAS COUNTY PLAN COMMISSION REPORT July 24, 2019Lucas County Subdivision Rules and Regulations Lucas County Land Use Policy Plan (within the “expansion zone”) STAFF ANALYSIS The](https://reader033.fdocuments.us/reader033/viewer/2022042807/5f80d7b264fe3e421d5f2a3a/html5/thumbnails/1.jpg)
LUCAS COUNTY
PLAN COMMISSION
REPORT
July 24, 2019
Toledo-Lucas County Plan Commissions One Government Center, Suite 1620, Toledo, OH 43604
Phone 419-245-1200, FAX 419-936-3730
![Page 2: LUCAS COUNTY PLAN COMMISSION REPORT July 24, 2019Lucas County Subdivision Rules and Regulations Lucas County Land Use Policy Plan (within the “expansion zone”) STAFF ANALYSIS The](https://reader033.fdocuments.us/reader033/viewer/2022042807/5f80d7b264fe3e421d5f2a3a/html5/thumbnails/2.jpg)
MEMBERS OF THE TOLEDO-LUCAS COUNTY PLAN COMMISSIONS
TOLEDO CITY PLAN COMMISSION LUCAS COUNTY PLANNING COMMISSION
KEN FALLOWS DON MEWHORT (Chairman) (Chairman)
ERIC GROSSWILER MICHAEL W. DUCEY (Vice Chairman) (Vice Chairman)
JULIA BRYANT TINA SKELDON WOZNIAK (County Commissioner)
JOHN ESCOBAR PETER GERKEN
BRANDON REHKOPF (County Commissioner)
GARY L. BYERS (County Commissioner)
MIKE PNIEWSKI
KEN FALLOWS
MEGAN MALCZEWSKI
JULIA BRYANT
BRANDON REHKOPF
JOSHUA HUGHES
THOMAS C. GIBBONS, SECRETARY
LISA COTTRELL, ADMINISTRATOR
![Page 3: LUCAS COUNTY PLAN COMMISSION REPORT July 24, 2019Lucas County Subdivision Rules and Regulations Lucas County Land Use Policy Plan (within the “expansion zone”) STAFF ANALYSIS The](https://reader033.fdocuments.us/reader033/viewer/2022042807/5f80d7b264fe3e421d5f2a3a/html5/thumbnails/3.jpg)
TOLEDO-LUCAS COUNTY PLAN COMMISSIONS APPLICATION DEADLINE, AGENDA, STAFF REPORT AND HEARING
SCHEDULE - 2019
APPLICATION DEADLINE*
AGENDA SET
STAFF REPORT
DISTRIBUTED
HEARING DATE
CITY PLAN COMMISSION (HEARINGS BEGIN AT 2PM)
November 28 December 21 December 28 January 10
December 31 January 28 February 1 February 14
January 28 February 25 March 1 March 14
February 25 March 25 March 29 April 11
March 25 April 22 April 26 May 9
April 29 May 20 May 31 June 13
May 28 June 24 June 28 July 11
June 24 July 22 July 26 August 8
July 29 August 26 August 30 September 12
August 26 September 23 September 27 October 10
September 23 October 21 October 25 November 7**
October 21 November 18 November 22 December 5**
COUNTY PLANNING COMMISSION (HEARINGS BEGIN AT 9AM)
December 10 January 7 January 11 January 23
January 14 February 11 February 15 February 27
February 11 March 11 March 15 March 27
March 11 April 8 April 12 April 24
April 8 May 6 May 10 May 22
May 13 June 10 June 14 June 26
June 10 July 8 July 12 July 24
July 15 August 12 August 16 August 28
August 12 September 12 September 16 September 25
September 9 October 7 October 11 October 23
October 7 November 4 November 8 November 20**
November 4 December 2 December 6 December 18**
* County deadlines are for Preliminary Drawings ** Date shifts are due to holidays
TCG/tg: 9/17/18
![Page 4: LUCAS COUNTY PLAN COMMISSION REPORT July 24, 2019Lucas County Subdivision Rules and Regulations Lucas County Land Use Policy Plan (within the “expansion zone”) STAFF ANALYSIS The](https://reader033.fdocuments.us/reader033/viewer/2022042807/5f80d7b264fe3e421d5f2a3a/html5/thumbnails/4.jpg)
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
![Page 5: LUCAS COUNTY PLAN COMMISSION REPORT July 24, 2019Lucas County Subdivision Rules and Regulations Lucas County Land Use Policy Plan (within the “expansion zone”) STAFF ANALYSIS The](https://reader033.fdocuments.us/reader033/viewer/2022042807/5f80d7b264fe3e421d5f2a3a/html5/thumbnails/5.jpg)
i
TOLEDO-LUCAS COUNTY PLAN COMMISSIONS
July 24, 2019 9:00 A.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 – Lucas County Planning Commission PROOF OF NOTICE SWEARING IN MINUTES FINAL PLATS
S-13-19: Final Plat of the Replat of Lot 2 of the Wheeler Subdivision, located at 5833 River Road, Monclova Township (1 lot) (bh)
S-14-19: Final Plat of Stonegate Plat 7, located at Holloway Road
and Salisbury Road, Monclova Township (10 lots) (bh) ITEM NO.
ZONE CHANGE – SYLVANIA TOWNSHIP 1. Z20-C1023: Conditional Use Permit for pre-school at 6505 W. Sylvania
Avenue (bh)
ZONE CHANGE – SPRINGFIELD TOWNSHIP 2. Z19-C665: Zone Change from RA-3 Large Lot Rural Residential to
M-1 Limited Industrial at 9940, 10014, 10020, 10028, 10090 & 10150 Garden Road (bh)
TEXT AMENDMENT – SWANTON TOWNSHIP
3. Z33-C150: Text amendment regarding borrow pits and Board of
Zoning Appeals (bh)
![Page 6: LUCAS COUNTY PLAN COMMISSION REPORT July 24, 2019Lucas County Subdivision Rules and Regulations Lucas County Land Use Policy Plan (within the “expansion zone”) STAFF ANALYSIS The](https://reader033.fdocuments.us/reader033/viewer/2022042807/5f80d7b264fe3e421d5f2a3a/html5/thumbnails/6.jpg)
ii
CHAIRMAN’S REPORT
DIRECTOR’S REPORT
ADJOURNMENT
![Page 7: LUCAS COUNTY PLAN COMMISSION REPORT July 24, 2019Lucas County Subdivision Rules and Regulations Lucas County Land Use Policy Plan (within the “expansion zone”) STAFF ANALYSIS The](https://reader033.fdocuments.us/reader033/viewer/2022042807/5f80d7b264fe3e421d5f2a3a/html5/thumbnails/7.jpg)
1 - 1
REF: Z20-C1023
DATE: July 24, 2019 GENERAL INFORMATION
Subject
Request - Conditional Use for a Pre-School Location - 6505 W Sylvania Avenue Owner - UJC Holdings, Inc 6465 Sylvania Avenue Sylvania, OH 43650 Attorney - Jason D Levine Liebenthal Levine Ltd. 5800 Monroe Street, Bldg D Suite 3 Sylvania, OH 43650 Engineer - Jon Bruner Mannik Smith Group 1800 Indian Wood Circle Maumee, OH 43537
Site Description
Zoning - A-4 Rural Residential Area - ± 1.535 Acres Frontage - ± 148 feet along Sylvania Avenue
Existing Use - JCC/YMCA Children’s Wing Bldg
Area Description
North - Multi Family Apartments / City of Sylvania South - JCC/YMCA / A-4 Rural Residential East - JCC/YMCA / A-4 Rural Residential West - JCC/YMCA / A-4 Rural Residential Parcel History
SPR20-9-06 - Site Plan Review for a Community Center
(Administratively approved on 8/1/06)
![Page 8: LUCAS COUNTY PLAN COMMISSION REPORT July 24, 2019Lucas County Subdivision Rules and Regulations Lucas County Land Use Policy Plan (within the “expansion zone”) STAFF ANALYSIS The](https://reader033.fdocuments.us/reader033/viewer/2022042807/5f80d7b264fe3e421d5f2a3a/html5/thumbnails/8.jpg)
REF: Z20-C1023. . . July 24, 2019
1 - 2
GENERAL INFORMATION Applicable Plans and Regulations
Sylvania Township Zoning Resolution Sylvania Township Land Use Plan 2018 Lucas County Subdivision Rules and Regulations Lucas County Land Use Policy Plan (within the “expansion zone”)
STAFF ANALYSIS The request is a Conditional Use for an office, daycare and pre-school use on the 1.535 acre property located at 6505 W Sylvania Avenue. The site was previously used by the YMCA for their childcare program. The JCC has decided to purchase the YMCA Childcare Wing building which is currently used for daycare and office uses to consolidate services along with their worship centers located on the contiguous property to the south. The applicant is proposing no exterior modifications for the building, landscaping or parking areas. Although the proposed use is similar to previous utilization of the building, the JCC wanted to make sure the entire use including pre-school services had a Conditional Use Permit on file prior to finalizing the development agreement. Surrounding land uses include multi-family uses to the north and the YMCA/JCC uses to the south, east and west. PROPOSED LAYOUT AND USE
The applicant is proposing to use the existing 9,000 square foot “Childcare Wing” building for office use, daycare services and pre-school curriculum. Pursuant to the Sylvania Township Zoning Resolution, semi-pubic uses in the A-4 Zoning District are subject to Conditional Use approval. The JCC has a purchase agreement for the site and will continue existing daycare operations and establish pre-school education with a Conditional Use Permit. The average student population will consist of approximately forty-five (45) total children in both programs.
The site is accessed via a single driveway connection from Sylvania Avenue. The
driveway services both the YMCA facilities (toward the rear of the property) and the JCC facilities located on the back of the properties. The Childcare Wing is serviced by a two (2) parking areas that total thirty-seven (37) parking spaces. The parking requirement for a daycare/nursery school is two (2) spaces per five (5) students and one (1) space per employee. Elementary Schools require two (2) spaces per classroom. Based on the required parking for both uses, thirty-seven (37) parking spaces will be sufficient for the proposed use. In addition, a large overflow parking lot is located directly to the south of the childcare wing.
![Page 9: LUCAS COUNTY PLAN COMMISSION REPORT July 24, 2019Lucas County Subdivision Rules and Regulations Lucas County Land Use Policy Plan (within the “expansion zone”) STAFF ANALYSIS The](https://reader033.fdocuments.us/reader033/viewer/2022042807/5f80d7b264fe3e421d5f2a3a/html5/thumbnails/9.jpg)
REF: Z20-C1023. . . July 24, 2019
1 - 3
STAFF ANALYSIS (cont’d)
The site currently contains mature landscaping along Sylvania Avenue as well as
foundation plantings around the buildings. Mature landscaping is also located along all access drives and parking areas. The northernmost parking lot is further buffered from Sylvania Avenue by a landscape island that contains a combination of trees and shrubs. The applicant has indicated that no changes to the existing landscaping are proposed with the exception of a solid board-on-board fence around the outdoor play space to the rear of the buidling.
RECOMMENDATION
The Sylvania Township Zoning Resolution states that under certain unusual circumstances, a use of property which typically affects an area more intensely than those uses permitted in the zoning district in which it is located may nonetheless be desirable and compatible with permitted uses, if that use is properly controlled and regulated. Such uses are listed as “Conditional Uses” within the respective zoning districts. The current request for a Conditional Use Permit will be within the guidelines as stated in the Township Resolution for the use of this site. The proposed use is not anticipated to adversely impact the surrounding residential uses in the area. Therefore, Staff recommends approval subject to the conditions listed below. STAFF RECOMMENDATION
The staff recommends that the Lucas County Planning Commission recommend approval of Z20-C1023 a Conditional Use Permit for a Semi Public Church Use in A-4 District located at 6505 Sylvania Avenue to the Sylvania Township Board of Zoning Appeals, for the following two (2) reasons:
1. The request is compatible with existing land use and is not anticipated to impact residential uses within the general vicinity of the subject property; and
2. The proposed use is consistent with the Sylvania Township Zoning Resolution;
The staff further recommends that the Lucas County Planning Commission recommend
approval of Z20-C1023 a Conditional Use Permit for a Semi Public Church Use in A-4 District located at 6505 Sylvania Avenue to the Sylvania Township Board of Zoning Appeals, subject to the following eleven (11) conditions:
The conditions of approval are as follows and are listed by agency of origin. Applicants
are encouraged to contact each of the agencies to address compliance with their conditions.
![Page 10: LUCAS COUNTY PLAN COMMISSION REPORT July 24, 2019Lucas County Subdivision Rules and Regulations Lucas County Land Use Policy Plan (within the “expansion zone”) STAFF ANALYSIS The](https://reader033.fdocuments.us/reader033/viewer/2022042807/5f80d7b264fe3e421d5f2a3a/html5/thumbnails/10.jpg)
REF: Z20-C1023. . . July 24, 2019
1 - 4
STAFF RECOMMENDATION (cont’d)
Lucas County Sanitary Engineer
1. The Lucas County Sanitary Engineers office does not have any comments at this time. However when occupancy plans are submitted for review, this office will need the total number of students.
Sylvania Township Zoning Inspector
No comments or objections.
Sylvania Township Fire/Rescue
2. Sylvania Township Fire/Rescue has no concerns or objections with the proposed move of the pre-school to this building.
Lucas County Building Regulations
3. Any change of use will require plans be submitted to Building Regulations for review and approval.
Lucas County Engineer
4. If the proposed use of the site is changing, in accordance with Lucas County
Access Management Regulations, an access management assessment shall be provided to determine if there is a significant change in use.
5. If any exterior site improvements are planned, a detailed site plan should be
provided to the County Engineer’s Office for review and approval.
Plan Commission
6. An amendment to the Conditional Use Permit is required for all future expansions.
7. The applicant shall maintain thirty-seven (37) parking spaces as depicted on the
plan. Any changes to the number of parking spaces shall be approved by the Sylvania Township Board of Zoning Appeals or Zoning office.
8. Staff recommends all mature landscaping be maintained indefinitely. In the
event significant changes are proposed to the landscaping in future, approval by the Sylvania Township Board of Zoning Appeals or Zoning office may be required.
![Page 11: LUCAS COUNTY PLAN COMMISSION REPORT July 24, 2019Lucas County Subdivision Rules and Regulations Lucas County Land Use Policy Plan (within the “expansion zone”) STAFF ANALYSIS The](https://reader033.fdocuments.us/reader033/viewer/2022042807/5f80d7b264fe3e421d5f2a3a/html5/thumbnails/11.jpg)
REF: Z20-C1023. . . July 24, 2019
1 - 5
STAFF RECOMMENDATION (cont’d)
Plan Commission (cont’d)
9. Staff recommends that any existing or proposed dumpster(s) be contained within an enclosure. Staff encourages any/or all dumpsters be located as far away from property lines as possible. The use of consistent materials compatible with the buildings, such as brick, stone veneer or a wood privacy fence is encouraged for the enclosure.
10. Prior to the construction of any signage the applicant shall submit details to the
Sylvania Township Zoning Inspector indicating compliance with Article 31 of the Sylvania Township Zoning Resolution.
11. A Conditional Use permit shall be deemed to authorize only one particular
conditional use, and said permit shall automatically expire if such conditionally permitted use has not be instituted or utilized within two (2) years of the date on which the permit was issued, or if for any reason such use shall cease for more than two years.
CONDITIONAL USE PERMIT SYLVANIA TOWNSHIP LUCAS COUNTY PLANNING COMMISSION REF: Z20-C1023 DATE: July 24, 2019 TIME: 9:00 a.m.
BH Three (3) sketches follow
![Page 12: LUCAS COUNTY PLAN COMMISSION REPORT July 24, 2019Lucas County Subdivision Rules and Regulations Lucas County Land Use Policy Plan (within the “expansion zone”) STAFF ANALYSIS The](https://reader033.fdocuments.us/reader033/viewer/2022042807/5f80d7b264fe3e421d5f2a3a/html5/thumbnails/12.jpg)
GENERAL LOCATION
Z20-C1023
ID 110
1 - 6
![Page 13: LUCAS COUNTY PLAN COMMISSION REPORT July 24, 2019Lucas County Subdivision Rules and Regulations Lucas County Land Use Policy Plan (within the “expansion zone”) STAFF ANALYSIS The](https://reader033.fdocuments.us/reader033/viewer/2022042807/5f80d7b264fe3e421d5f2a3a/html5/thumbnails/13.jpg)
ZONING AND LAND USE
Z20-C1023
ID 110
1 - 7
A-4
A-4
![Page 14: LUCAS COUNTY PLAN COMMISSION REPORT July 24, 2019Lucas County Subdivision Rules and Regulations Lucas County Land Use Policy Plan (within the “expansion zone”) STAFF ANALYSIS The](https://reader033.fdocuments.us/reader033/viewer/2022042807/5f80d7b264fe3e421d5f2a3a/html5/thumbnails/14.jpg)
Z20-C1023 ID 110
SITE PLAN
N
1 - 8
![Page 15: LUCAS COUNTY PLAN COMMISSION REPORT July 24, 2019Lucas County Subdivision Rules and Regulations Lucas County Land Use Policy Plan (within the “expansion zone”) STAFF ANALYSIS The](https://reader033.fdocuments.us/reader033/viewer/2022042807/5f80d7b264fe3e421d5f2a3a/html5/thumbnails/15.jpg)
2 - 1
REF: Z19-C665 DATE: July 24, 2019
GENERAL INFORMATION
Subject
Request - Zone Change from RA-3 Large Lot Rural Residential to M-1 Limited Industrial
Location - 9940, 10014, 10020, 10028, 10090 & 10150 Garden
Road Owner - Toledo Lucas County Port Authority 1 Maritime Plaza #701 Toledo, OH 43604 Agent - Stephanie Kuhlman NAI Harmon Group 4427 Talmadge Road Toledo, OH 43623
Site Description
Zoning - RA-3 Large Lot Rural Residential Area - ± 15.343 Acres Frontage - ± 1,258 Feet along Garden Road Existing Use - Undeveloped
Area Description North - Metro Park Land / RA-3 Large Lot Rural Residential South - US Army Reserve / RA-3 Large Lot Rural Residential East - Undeveloped / M-1 Limited Industrial West - Metro Park Land / RA-3 Large Lot Rural Residential Parcel History
Z19-C500 - Special Use Permit for a Concrete Batch Facility at
9940 Garden Road (Plan Commission recommended disapproval 7/23/03, applicant withdrew)
Z19-C499 - Zone Change from RA-3 to M-3 at 9940 Garden
Road (Plan Commission recommended disapproval 7/23/03, applicant withdrew)
![Page 16: LUCAS COUNTY PLAN COMMISSION REPORT July 24, 2019Lucas County Subdivision Rules and Regulations Lucas County Land Use Policy Plan (within the “expansion zone”) STAFF ANALYSIS The](https://reader033.fdocuments.us/reader033/viewer/2022042807/5f80d7b264fe3e421d5f2a3a/html5/thumbnails/16.jpg)
REF: Z19-C665 . . . July 24, 2019
2 - 2
GENERAL INFORMATION (cont’d) Applicable Plans and Regulations
Springfield Township Zoning Resolution Springfield Township Community Master Plan 2004 Lucas County Subdivision Rules and Regulations Lucas County Land Use Policy Plan (within the “expansion zone”)
STAFF ANALYSIS The applicant is requesting a Zone Change from RA-3 Large Lot Rural Residential to M-1 Limited Industrial for the 15.343 acre property located at 9940, 10014, 10020, 10028, 10090 & 10150 Garden Road. The property is currently undeveloped. Adjacent land uses include Metro Park land to the north, US Army Reserve base to the south and undeveloped land to the east. The Zone Change will allow for the construction a new 80,000 square foot light manufacturing business to relocate on the property. The only uses in the immediate area are located to the south of the property. These uses include a light industrial use to the southwest and the US Army Reserve base to the south and southwest. Furthermore, the property is located within the Toledo Express Noise Mitigation Plan which restricts the construction of new residential dwelling in the area. The light industrial use to the southwest of the site is currently Zoned M-1 Limited Industrial while the US Army Reserve is Zoned RA-3 Large Lot Rural Residential. Furthermore, M-1 Limited Industrial Zoning is present in all directions within ¼ mile of the subject property. The 2004 Springfield Township Community Master Plan recommends this area for Industrial uses. Furthermore, the Plan indicates that the Master Plan Steering Committee expressed interest in developing the area east of the Airport for Light Industrial uses. Finally, the 2019 Springfield Township Land Use Plan Update is anticipated to support M-1 Limited Industrial Zoning for this area.
Based on the property’s consistency with the Springfield Township Community Master Plan, proximity to M-1 Industrial Zoned properties, compatibility with surrounding land uses and location within the Toledo Express Noise Mitigation Zone, staff recommends approval of this Zone Change from RA-3 Large Lot Rural Residential to M-1 Limited Industrial. STAFF RECOMMENDATION Staff recommends that the Lucas County Planning Commission recommend approval of Z19-C665, a Zone Change request from RA-3 Large Lot Rural Residential to M-1 Limited Industrial for the 15.343 acre property located at 9940, 10014, 10020, 10028, 10090 & 10150 Garden Road, to the Springfield Township Zoning Commission and Trustees for the following four (4) reasons:
![Page 17: LUCAS COUNTY PLAN COMMISSION REPORT July 24, 2019Lucas County Subdivision Rules and Regulations Lucas County Land Use Policy Plan (within the “expansion zone”) STAFF ANALYSIS The](https://reader033.fdocuments.us/reader033/viewer/2022042807/5f80d7b264fe3e421d5f2a3a/html5/thumbnails/17.jpg)
REF: Z19-C665 . . . July 24, 2019
2 - 3
STAFF RECOMMENDATION (cont’d)
1. The request is compatible with surrounding zoning and uses.
2. The 2004 Springfield Township Land Use Plan expressed interest in developing
the area east of the Airport for Light Industrial uses.
3. The 2019 Springfield Township Land Use Plan Update is anticipated to support M-1 Limited Industrial Zoning for this area; and
4. The proposed Zone Change is anticipated to have minimal adverse impacts on surrounding properties.
ZONE CHANGE SPRINGFIELD TOWNSHIP LUCAS COUNTY PLANNING COMMISSION REF: Z19-C665
BH DATE: July 24, 2019 Two (2) sketches follow TIME: 9:00 a.m.
![Page 18: LUCAS COUNTY PLAN COMMISSION REPORT July 24, 2019Lucas County Subdivision Rules and Regulations Lucas County Land Use Policy Plan (within the “expansion zone”) STAFF ANALYSIS The](https://reader033.fdocuments.us/reader033/viewer/2022042807/5f80d7b264fe3e421d5f2a3a/html5/thumbnails/18.jpg)
GENERAL LOCATION
Z19-C665
ID 127
2 - 4
![Page 19: LUCAS COUNTY PLAN COMMISSION REPORT July 24, 2019Lucas County Subdivision Rules and Regulations Lucas County Land Use Policy Plan (within the “expansion zone”) STAFF ANALYSIS The](https://reader033.fdocuments.us/reader033/viewer/2022042807/5f80d7b264fe3e421d5f2a3a/html5/thumbnails/19.jpg)
ZONING AND LAND USE
Z19-C665
ID 127
2 - 5
![Page 20: LUCAS COUNTY PLAN COMMISSION REPORT July 24, 2019Lucas County Subdivision Rules and Regulations Lucas County Land Use Policy Plan (within the “expansion zone”) STAFF ANALYSIS The](https://reader033.fdocuments.us/reader033/viewer/2022042807/5f80d7b264fe3e421d5f2a3a/html5/thumbnails/20.jpg)
BLANK PAGE
![Page 21: LUCAS COUNTY PLAN COMMISSION REPORT July 24, 2019Lucas County Subdivision Rules and Regulations Lucas County Land Use Policy Plan (within the “expansion zone”) STAFF ANALYSIS The](https://reader033.fdocuments.us/reader033/viewer/2022042807/5f80d7b264fe3e421d5f2a3a/html5/thumbnails/21.jpg)
3 - 1
REF: Z33-C150
DATE: July 24, 2019 GENERAL INFORMATION
Subject
Request - Amendments to the Swanton Township Zoning Resolution Regarding Borrow and Extraction Pits, Board of Zoning Appeals Procedures and Tower Types and Procedures
Location - Swanton Township Applicant - Swanton Township Zoning Commission
STAFF ANALYSIS The Swanton Township Zoning Commission has requested amendments to Various Sections of Township Zoning Resolution that pertain to Borrow and Extraction Pits, Board of Zoning Appeals and Towers. The nature of the amendments are to eliminate and prohibit all borrow and extraction pits from the Zoning Resolution, clarify and update the Board of Zoning Appeals Section and update the tower section to include and standardize to include all types of towers. Borrow and Extraction Pits
The Swanton Township Zoning Commission is requesting that Borrow Pits and Extraction Industries be prohibited throughout the Township. The Swanton Township Zoning Resolution currently permits Borrow Pits and Extraction Industries by “Special Use” Amendment (Section 7) after a study is conducted by the Plan Commission for their effect on the character and development of the neighborhood. Swanton Township has indicated that it has concerns that Borrow Pits and Extraction Industries have a greater than normal impact on freshwater wells and quality of life in the immediate area of which they are located. The Township Zoning Resolution Section 9 provides “Supplemental Regulations” for various uses including Borrow and Extraction Pits. This section provides detailed standards for extraction, location, and remediation of these pits and quarries. Specifically, extraction pits are not permitted to exceed twenty-five (25%) percent of the total surface area of the parcel and any refilling shall be construed as waste disposal. Supplemental regulations for borrow pits include minimum acreage (5 acres), maximum berm height of four (4’) feet, setback standards and hours of operation. Staff was unable to determine exactly how many Borrow and Extraction Pits currently exist in Swanton Township. In the event these uses would be prohibited in the Township this would render these operations non-conforming and potentially unable to continue to operate.
![Page 22: LUCAS COUNTY PLAN COMMISSION REPORT July 24, 2019Lucas County Subdivision Rules and Regulations Lucas County Land Use Policy Plan (within the “expansion zone”) STAFF ANALYSIS The](https://reader033.fdocuments.us/reader033/viewer/2022042807/5f80d7b264fe3e421d5f2a3a/html5/thumbnails/22.jpg)
REF: Z33-C150. . . July 24, 2019
3 - 2
STAFF ANALYSIS (cont’d) Based on the requirement for a “Special Use Permit” granted by Amendment, the Township has a defined process that allows for additional safeguards and conditions of approval to be placed on these types of uses. Furthermore, the prohibition of any use is inconsistent with “Best Planning Practices”. Finally, staff expects the Lucas County Prosecutors office to form a legal opinion concerning the prohibition of Borrow Pits and Extraction Industries throughout the Township prior to the July 24th Plan Commission hearing. Staff recommends that the proposed amendment be reconsidered as both types of pits require permits by “Special Use Permit” Amendment. Staff recommends that standards be adopted that address the concerns of the Township such as requiring a Hydrostatic analysis of a Borrow or Extraction Pits impact on the surrounding water table. Board of Zoning Appeals Procedures
Change to Section 13 includes modifications to the appeal requirements, requirements for a variance and public hearing notice requirements. Pursuant to the appeal requirements, rewording of this section will not alter the timelines and the types of items subject to appeal. Additionally, the Township is proposing that variance requests further outline the hardship and correct typographical errors. Finally, the proposed amendment to the Variance Requirements also includes additional language to Section 13.5(g) that states the variance “will not impair, cause harm, or reduce the quality and value of adjacent and surrounding properties”. Variances are typically based on hardships and the proposed language would be difficult interpret and enforce. Staff does not object to the proposed “Board of Zoning Appeals” changes as submitted with the exception of “will not impair, cause harm, or reduce the quality and value of adjacent and surrounding properties”. Staff recommends this language be omitted or further modified. Tower Types and Procedures Swanton Township has requested to standardize all types of towers. This will include telecommunication, meteorological and electrical generation type towers. The core of this amendment is to Section 9.21 with the exception of updating the definitions. Section 9.21 is the Supplemental Regulation section concerning towers, small wind turbines and other wind-powered generators. Changes to the general requirements include increasing the minimum parcels size from one (1) acre to five (5) acres, requiring an applicant to demonstrate that no suitable “non-residential” zoned site is available for use and towers shall utilize the use of stealth technology. Specific requirements and permit requirements include clarifying wording, removing specifics of tower types from fall zone and noise sections and relocating the ceasing operations language to the general requirements (Section 9.21.1) section of the resolution. Staff does not object to the proposed “Tower” changes as submitted.
![Page 23: LUCAS COUNTY PLAN COMMISSION REPORT July 24, 2019Lucas County Subdivision Rules and Regulations Lucas County Land Use Policy Plan (within the “expansion zone”) STAFF ANALYSIS The](https://reader033.fdocuments.us/reader033/viewer/2022042807/5f80d7b264fe3e421d5f2a3a/html5/thumbnails/23.jpg)
REF: Z33-C150. . . July 24, 2019
3 - 3
STAFF RECOMMENDATION Staff recommends that the Lucas County Planning Commission recommends Approval of the Text Amendments as shown in Exhibit “A” to the Swanton Township Zoning Commission and Trustees with the following changes: Borrow and Extraction Pits Staff recommends that the Lucas County Planning Commission, recommend that the Swanton Township Zoning Commission reconsider the proposed amendments to prohibit Borrow Pit and Extraction Industries. Both types of pits currently require Special Use Permits by Amendment which permit warranted safeguards be placed on individual application. Safeguards may include Hydrostatical analysis of a Borrow or Extraction Pits impact on the surrounding water table. Board of Zoning Appeals Procedures Staff recommends that the Lucas County Planning Commission, recommend that the Swanton Township Zoning Commission omitted or further modified the proposed “Board of Zoning Appeals” language “will not impair, cause harm, or reduce the quality and value of adjacent and surrounding properties”. This language is found to be difficult to interpret or enforce.
TEXT AMENDMENT SWANTON TOWNSHIP LUCAS COUNTY PLANNING COMMISSION REF: Z33-C150
DATE: July 24, 2019 TIME: 9:00 a.m. BH Exhibit “A” follows
![Page 24: LUCAS COUNTY PLAN COMMISSION REPORT July 24, 2019Lucas County Subdivision Rules and Regulations Lucas County Land Use Policy Plan (within the “expansion zone”) STAFF ANALYSIS The](https://reader033.fdocuments.us/reader033/viewer/2022042807/5f80d7b264fe3e421d5f2a3a/html5/thumbnails/24.jpg)
REF: Z33-C150. . . July 24, 2019
3 - 4
Exhibit “A”
Township Text Amendment Proposal
(Staff recommendation are noted in Bold in each Staff Analysis Section)
Page 2-3 Borrow Pit: A borrow pit is a term used in construction and civil engineering. It describes an area where material (usually soil, gravel or sand) has been dug for use at another location. The term is literal – meaning a pit from where material was borrowed, although without an implication of someday returning the material. PROHIBITED in Swanton Township (Revised 10/12/09, Z33-C134 Page2-7 Extraction Industry: The removal of soil, sand, gravel or minerals from land or water for purposes of resale or use in the commercial operation of a business or the production of a good or service. PROHIBITED in Swanton Township Page 7-2 7.2.1 Additional Uses Permitted by Amendment b. Borrow Pits. (Revised 10/12/09, Z33-C134) e. Development of natural resources, including the extraction of sand, gravel, fill dirt, topsoil
and stone. Page 9-1
SECTION 9 SUPPLEMENTARY DISTRICT USES, STRUCTURES AND REGULATIONS
SECTION 9.7 Extraction Industries/Removal of Soil, Etc. From Parcel(s) PROHIBITED in Swanton Township
SECTION 9.20 Extraction of Minerals from Borrow Pits PROHIBITED in Swanton Township
![Page 25: LUCAS COUNTY PLAN COMMISSION REPORT July 24, 2019Lucas County Subdivision Rules and Regulations Lucas County Land Use Policy Plan (within the “expansion zone”) STAFF ANALYSIS The](https://reader033.fdocuments.us/reader033/viewer/2022042807/5f80d7b264fe3e421d5f2a3a/html5/thumbnails/25.jpg)
REF: Z33-C150. . . July 24, 2019
3 - 5
Page 9-4
9.7 Extraction Industries: Removal of Soil, Etc., From Parcel(s) PROHIBITED in Swanton Township
9.7.1 Removal
The removal of soil, sand and gravel, and or minerals shall not exceed 25% of the total surface area of a parcel. All extraction industries in the removal of products shall meet the requirements of Surface Mining and Reclamation 1514.10 O.R.C. In no event shall any soil, sand and gravel, and/or minerals be removed from any parcel without a permit from a proper authority.
9.7.2 Refilling
The refilling of an area which has been excavated for the extraction of soil, sand and gravel and/or minerals shall be considered waste disposal and shall meet the requirements set forth by the Lucas County Board of Health for Solid Waste disposal. Contact should be made with the Lucas County Board of Health for the Solid Waste Disposal. (Revised 5/24/16, Z33-C143)
Page 9-25
SECTION 9.20 Extraction of Minerals from Borrow Pits PROHIBITED in Swanton Township (Section Added 10/12/09 - Z33-C134)
The construction and operation of borrow pits for highway construction purposes creates a real or substantial risk to the public health, safety or general welfare of the Township’s citizens and the regulation therefore is deemed necessary in the interest of public health, safety and general welfare.
9.20.1 General Requirements
a. The term “minerals” shall have the same definition as minerals are defined inORC 1514.01(B).
b. The extraction of minerals from borrow pits for highway construction purposes isdeemed a Special Use under Section 7 of this Zoning Resolution and shall require a Special Use Permit in all zoning districts and is subject to all of the provisions of Section 7 of this Zoning Resolution.
c. The borrow pit will be permitted in any zoning classification only on parcels five(5) acres or greater in size.
d. The application for a borrow pit Special Use Permit shall contain sufficient detailto demonstrate that the borrow pit meets or exceeds all applicable design and development provisions required under Section 10 of this Zoning Resolution.
![Page 26: LUCAS COUNTY PLAN COMMISSION REPORT July 24, 2019Lucas County Subdivision Rules and Regulations Lucas County Land Use Policy Plan (within the “expansion zone”) STAFF ANALYSIS The](https://reader033.fdocuments.us/reader033/viewer/2022042807/5f80d7b264fe3e421d5f2a3a/html5/thumbnails/26.jpg)
REF: Z33-C150. . . July 24, 2019
3 - 6
e. The application for a borrow pit Special Use Permit shall include the names,addresses, telephone numbers of the applicant and the all contractors who will be involved in any aspect of extraction, reclamation and site work, along with a copy of a contract or contracts between the applicant and the contractor(s) to provide extracted minerals for highway construction purposes.
9.20.2 Area and Design Requirements
a. The length and width of a borrow pit shall be determined by the parcel’s location,existing structures on the parcel and availability of minerals therefore the size is not restricted.
b. Borrow pit berms shall be graded not to exceed four (4) feet in height.
c. The side slopes of a borrow pit shall not exceed a 3:1 ratio horizontal to vertical.This ratio shall be maintained to a maximum depth of 17 feet.
d. Drainage calculations, sediment and erosion control methods shall be submittedAs part of the site plan.
e A detailed site grading plan shall be submitted for approval. The plan will include existing and proposed grades, and grades for the land abutting the proposed development from the development boundaries for a distance of approximately 100 feet. All storm drainage must be directed internally and not runoff on to adjacent properties unless approved by the Lucas County Drainage Engineer. The grading plan must be based on Lucas County datum. All refilling shall include 4 feet of clean fill to a maximum elevation of grade, which is defined as the average elevation of the property before extraction begins.
If disturbing more than one acre of land, an Ohio EPA, NPDES permit is required and provisions for water quality, sediment and erosion control shall be provided in accordance of this permit.
e. The application for a borrow pit Special Use Permit shall have attached a detailedlandscape plan meeting the requirements of Section 10.4 of this Zoning Resolution.
f. If a borrow pit is deemed to pose a safety hazard because of the density of developmentor in close proximity to a road in the vicinity of the parcel, the township may require that a four (4) foot high perimeter fencing be installed after the construction is complete.
g. Prior to the commencement of extraction activities the property owners shall give writtennotice to the zoning inspector of the date on which the extraction activities will commence. Any borrow pit approved hereunder must be fully extracted within 18 months after extraction activities are commenced. Within 14 days after the completion of extraction activities, the property owner shall give written notice to the zoning inspector of the date on which extraction activities were completed.
h. Final landscaping and any required fencing must be completed within 24 months after
![Page 27: LUCAS COUNTY PLAN COMMISSION REPORT July 24, 2019Lucas County Subdivision Rules and Regulations Lucas County Land Use Policy Plan (within the “expansion zone”) STAFF ANALYSIS The](https://reader033.fdocuments.us/reader033/viewer/2022042807/5f80d7b264fe3e421d5f2a3a/html5/thumbnails/27.jpg)
REF: Z33-C150. . . July 24, 2019
3 - 7
extraction activities are commenced.
i. No extraction activities shall commence before a performance bond is purchased by theowner in an amount set and in a form approved by the Board of Trustees. No extraction activities shall commence before a special use permit is issued.
j. No borrow pit may be constructed in such a way that it will do damage to the structuralintegrity of any building. Prior to extraction activities, the applicant shall provide a report of an inspection by a licensed structural engineer of every structure within 100 feet of the boundary of the borrow pit.
No borrow pit may be constructed in such a way that will reduce well water levels within 500 feet of the boundary of the borrow pit. Prior to extraction activities, the applicant shall provide a report by an independent hydrologist confirming the well water levels for each well within 500 feet of the border of the borrow pit.
k. All borrow pits and borrow pit extraction must comply with Ohio EPA, ODNR, U.S.Army Corps of Engineers and other applicable federal, state, and local laws and regulations.
l. The Zoning Commission or Board of Trustees may also require as a condition ofapproval, the following specific measures:
1. Identification of specific roads, as approved by the Lucas County Engineer, tobe used as the primary means of ingress and egress from the proposed facility;
2. Compliance with reasonable noise abatement measures;
3. Compliance with reasonable dust abatement measures; and
4. Any other measures reasonably related to public health, safety and generalwelfare.
p. The hours of operation shall be limited to:
Monday through Friday: 7:00 a.m. to 7:00 p.m. Saturday: 9:00 a.m. to 5:00 p.m. Sunday: Not permitted
Page 9-27
9.20.3 Setback
a) A borrow pit shall have 100 feet minimum setback from the centerline of publicroadway right-of-way.
![Page 28: LUCAS COUNTY PLAN COMMISSION REPORT July 24, 2019Lucas County Subdivision Rules and Regulations Lucas County Land Use Policy Plan (within the “expansion zone”) STAFF ANALYSIS The](https://reader033.fdocuments.us/reader033/viewer/2022042807/5f80d7b264fe3e421d5f2a3a/html5/thumbnails/28.jpg)
REF: Z33-C150. . . July 24, 2019
3 - 8
b) The minimum side yard setback is 100 feet.
c) The minimum setback for borrow pits from septic systems or leach fields is 100feet.
Page 9-28
9.20.4 Refilling
A borrow pit shall not be refilled without authorization of the township trustees by resolution. At least 30 days before the refilling of the borrow pit the property owner will provide a site plan to the zoning inspector describing in reasonable detail the nature and extent of the refilling activity and the final grade after refilling. (Revised 5/24/16, Z33-C143)
![Page 29: LUCAS COUNTY PLAN COMMISSION REPORT July 24, 2019Lucas County Subdivision Rules and Regulations Lucas County Land Use Policy Plan (within the “expansion zone”) STAFF ANALYSIS The](https://reader033.fdocuments.us/reader033/viewer/2022042807/5f80d7b264fe3e421d5f2a3a/html5/thumbnails/29.jpg)
REF: Z33-C150. . . July 24, 2019
3 - 9
SECTION 13 BOARD OF ZONING APPEALS
SECTION 13.1 Organization / Membership SECTION 13.2 Meetings SECTION 13.3 Powers / Duties SECTION 13.4 Appeal Requirements SECTION 13.5 Requirements for a Variance Request / Approval SECTION 13.6 Conditions of Approval SECTION 13.7 Applications / Procedure (Revised 5/24/16, Z33-C143)
CROSS REFERENCES
SECTION 2 Definitions SECTION 3 Establishment of Districts SECTION 4 Use Regulations SECTION 5 Off-Street Parking and Loading
13.1 Organization / Membership
The Swanton Township Board of Zoning Appeals shall organize, meet and act in accordance with the provisions of Section 519.15 of the Ohio Revised Code.
The Swanton Township Board of Zoning Appeals shall consist of five (5) members who shall be residents of Swanton Township. The terms of all members shall be so arranged so that the term of one (1) member expires each year. The Board of Township Trustees by Resolution shall fill by appointment any vacancies including un-expired terms. Members of the board may be removed by a vote of the Board of Trustees. (Revised 5/24/16, Z33-C143)
13.2 Meetings
Meetings of the Board of Zoning Appeals shall be held at the call of the chairperson, and at other times the board determines. At the first meeting of each year the Board of Zoning Appeals shall elect a Chairperson and Vice-Chairperson for a term of one (1) year. A quorum of at least three (3) members is needed to conduct a meeting of the Board of Zoning Appeals. There shall be an assigned place of the meeting and all meetings shall be open to the public. The Board of Zoning Appeals shall keep a record of its proceedings indicating the actions of the Board and indicating the vote of each member on each request. All records of the Board of Zoning Appeals shall be filed in the Office of the Township Fiscal Officer. (Revised 5/24/16, Z33-C143)
13.3 Powers / Duties
The Board of Zoning Appeals shall have the authority:
a) To organize, adopt rules, hold meetings and keep records as required by law.
b) To hear and decide appeals and variances, only in such cases where it is alleged there isan error in any order, requirement, decision or determination made by the ZoningInspector in the enforcement of this resolution. This includes hearing and deciding
![Page 30: LUCAS COUNTY PLAN COMMISSION REPORT July 24, 2019Lucas County Subdivision Rules and Regulations Lucas County Land Use Policy Plan (within the “expansion zone”) STAFF ANALYSIS The](https://reader033.fdocuments.us/reader033/viewer/2022042807/5f80d7b264fe3e421d5f2a3a/html5/thumbnails/30.jpg)
REF: Z33-C150. . . July 24, 2019
3 - 10
matters of interpretation of the provisions of the text of this resolution and the Official Swanton Township Map.
13.3 Powers / Duties (cont’d)
In conformity with the provisions of this resolution, the Board of Zoning Appeals may affirm or reverse, wholly or partly, or may modify the order, requirement, decision, or determination appealed from and shall make such order, requirement, decision or determination as in its option ought to be made in the premises; and to that end, shall have all the power of the Zoning Inspector from whom the appeal was taken.
e) To authorize upon appeal in specific cases such variance from the terms of thisResolution as will not be contrary to the public interest, where owing to specialconditions, a literal enforcement of the Resolution will result in unnecessary hardship,and so that the spirit of this Resolution shall be observed and substantial justice done. Novariance shall be granted except in conformance with the provisions of Section 1904 ofthis Resolution.
f) Revoke a previously authorized variance granted for the extraction of minerals, if anycondition of the variance is violated.
The board shall notify the holder of the variance or certificate by certified mail of its intent to revoke the variance or certificate under division (c) of the section and of the holder’s right to a hearing before the board, within thirty (30) days of the mailing of the notice, if the holder so requests. If the holder requests a hearing, the board shall set a time and place for the hearing and notify the holder. At the hearing, the holder may appear in person, by the holder’s attorney, or by other representative, or the holder may present the holder’s position in writing. The holder may present evidence and examine witnesses appearing for or against the holder. If no hearing is requested, the board may revoke the variance or certificate without a hearing. The authority to revoke a variance or certificate is in addition to any other means of zoning enforcement provided by law. (Revised 5/24/16, Z33-C143)
13.4 Appeal Requirements
Appeals to the b Board of Zoning Appeals may be taken by any person to hear and decide appeals and variances, only in such cases where it is alleged there is an error in any order, requirement, decision or determination made by the Zoning Inspector in the enforcement of this resolution. aggrieved or by any officer of the township affected by any decision of the administrative officer. Such appeal shall be taken within twenty (20) days after the decision by filing with the Board of Zoning Appeals, a notice of appeal specifying the grounds. must be filed with the Board of Zoning Appeals within 20 days of receipt of the Zoning Inspectors decision. The following information shall must be included in any the application : brought before the Board of Zoning Appeals for consideration of any appeal of matter of interpretation.
a) The request shall include the action or order of the Zoning Inspector, such as the citationof zoning violation and / or Zoning Certificate being denied or revoked.
b) The specific reference, including chapter (s) and sections (s), of the zoning text orportions of the “Official Swanton Township Map” that may be appealed.
c) The facts and information showing the basis of for the appeal, including factors ofcharacteristics unique to a parcel.
![Page 31: LUCAS COUNTY PLAN COMMISSION REPORT July 24, 2019Lucas County Subdivision Rules and Regulations Lucas County Land Use Policy Plan (within the “expansion zone”) STAFF ANALYSIS The](https://reader033.fdocuments.us/reader033/viewer/2022042807/5f80d7b264fe3e421d5f2a3a/html5/thumbnails/31.jpg)
REF: Z33-C150. . . July 24, 2019
3 - 11
d) The specific remedy proposed or description of the proposed interpretation.(Revised 5/24/16, Z33-C143)
13.5 Requirements for a Variance Request / Approval
The Board of Zoning Appeals may authorize in specific cases a variance from the terms of this Resolution as will not be contrary to the public interest, where, owing to specific special conditions, a literal enforcement of the Resolution will result in unnecessary hardship, and so that the spirit of the Resolution shall be observed and substantial justice done. The Board of Zoning Appeals shall consider the following:
a) That due to exceptional narrowness, shallowness, or shape, or exceptional topographicconditions or other extraordinary situation or condition of a lot, the strict application ofthe terms or this Resolution would result in peculiar and exceptional practical difficulties.
b) That special circumstances or conditions applying to the building or land in question arepeculiar to such lot or property and do not apply generally to other land or building in thevicinity.
c) That a variance from the strict application is necessary to relieve such difficulties orhardship, and that such relief may be granted without substantial detriment to the publicgood and without substantially altering the intent of this Resolution. As a part of thevariance, the Board of Zoning Appeals will detail and describe the hardships beingrelieved.
d) The granting of the application is necessary for the preservation and enjoyment of asubstantial property right and not merely to serve as a convenience to the applicant.
e) The special condition from which relief or a variance sought did not result from action bythe applicant.
f) No variance may be applied for or granted which would allow a use that is not allowedprohibited in a the applicable zoning district.
g) The authorization of a variance will not impair an adequate supply of light and air to theadjacent and surrounding propertiesy, will not impair, cause harm, or reduce the qualityand value of adjacent and surrounding properties, or unreasonably increase thecongestion in public streets, or increase the danger of fire or imperil the public safety orunreasonably diminish or impair the health, safety, convenience, or general welfare of theinhabitants of the adjacent and surrounding properties and/or Township.(Revised 5/24/16, Z33-C143)
13.6 Conditions of Approval
In granting any appeal, variance or exception, the Board of Zoning Appeals may prescribe appropriate conditions and safeguards in conformity with the Resolution. If the application is
![Page 32: LUCAS COUNTY PLAN COMMISSION REPORT July 24, 2019Lucas County Subdivision Rules and Regulations Lucas County Land Use Policy Plan (within the “expansion zone”) STAFF ANALYSIS The](https://reader033.fdocuments.us/reader033/viewer/2022042807/5f80d7b264fe3e421d5f2a3a/html5/thumbnails/32.jpg)
REF: Z33-C150. . . July 24, 2019
3 - 12
approved or approved with modifications, the Board shall direct the Zoning Inspector to issue the permit listing the specific special conditions or approval specified by the Board. Included in the permit, the Zoning Inspector will detail and describe the hardships being relieved as provided by the Board of Zoning Appeals. Violations of such conditions and safeguards, when made a part of the terms under which the use is granted, shall be deemed a violation of this Resolution and punishable under Section 12.6. (Revised 5/24/16, Z33-C143)
13.7 Applications / Procedure
13.7.1 Application
All applications shall be in writing, shall be signed by the owner of the property involved or their duly authorized agent or attorney, specify the request and grounds thereof, and be filed in the office of the Zoning Inspector.
An appeal from any action, refusal or ruling of the Zoning Inspector shall be filed within 20 days after such action or refusal or the announcement of such ruling. The Zoning Inspector shall forthwith transmit to the Board all papers constituting the record upon which the action or filing appealed from was taken. (Revised 5/24/16, Z33-C143)
13.7.2 Review by Other Officials
The Board of Zoning Appeals may request additional information or review of the appeal, variance or request by from other Swanton Township officials, Lucas County agencies, or the Lucas County Planning Commission. Said information or review shall be delivered to the Board of Zoning Appeals within 45 25 days after the receipt of the request. (Revised 5/24/16, Z33-C143)
13.7.3 Public Hearing / Notice
The Board of Zoning Appeals shall schedule a public hearing in a reasonable amount of time for the hearing of a matter to come before it. and The Board of Zoning Appeals shall give at least ten (10) days notice to the parties in of interest, stating the time and place of the public hearing. In addition, notice of such public hearing shall be given in one publication in one or more newspapers of general circulation at least ten (10) days before the date of such public hearing. The Board of Zoning Appeals shall make its findings and determination in writing within forty (40) days from the date of the filing of the request. At the hearings, any party may appear in person, by agent or by attorney and shall be given the opportunity to be heard. The Board of Zoning Appeals shall make its findings and determination in writing within forty (40) days from the date of the filing of the request. At the hearings, any party may appear in person, by agent or by attorney and shall be given the opportunity to be heard. A copy of the The findings and determination made by the Board of Zoning Appeals shall be transmitted to the applicant, in writing, within the forty (40) day period. fourteen (14) days following the hearing. (Revised 5/24/16, Z33-C143)
![Page 33: LUCAS COUNTY PLAN COMMISSION REPORT July 24, 2019Lucas County Subdivision Rules and Regulations Lucas County Land Use Policy Plan (within the “expansion zone”) STAFF ANALYSIS The](https://reader033.fdocuments.us/reader033/viewer/2022042807/5f80d7b264fe3e421d5f2a3a/html5/thumbnails/33.jpg)
REF: Z33-C150. . . July 24, 2019
3 - 13
13.7.4 Schedule of Fees, Charges / Expenses
The Board of Township Trustees shall, by resolution, establish a schedule of fees, charges and expenses and a collection procedure for appeals, and other matters pertaining to the administration and enforcement of this Resolution requiring investigations, inspections, legal advertising, postage and other expenses. The schedule of fees shall be posted in the Office of the Zoning Inspector and may be altered or amended only by the Township Trustees. Until all applicable fees, charges and expenses have been paid in full, no action shall be taken on any application or appeal. (Revised 5/24/16, Z33-C143)
13.7.5 Record of Appeals & Variances
A public record of all appeals and variances and their disposition shall be kept on file in the Office of the Zoning Inspector and the Swanton Township Fiscal Officer. (Revised 5/24/16, Z33-C143)
13.7.6 Appeal of Board Decisions
If the application is disapproved by the Board, the applicant may seek relief through the Court of Common Pleas. Appeals from Board decisions shall be made in writing within ten (10) days of the Board’s written decision. (Revised 5/24/16, Z33-C143)
13.7.7 The Board of Zoning Appeals has the power to revoke a variance
The Board shall notify the affected party of their intent to revoke by mailing of a notification by certified mail. The affected party has the right to request a hearing within thirty (30) days of the mailing of the notification, in which case the Board shall notify the party of the time and place of the hearing. Revocation of a variance shall become effective thirty (30) days after notice has been given, unless a hearing has been requested. (Revised 5/24/16, Z33-C143)
![Page 34: LUCAS COUNTY PLAN COMMISSION REPORT July 24, 2019Lucas County Subdivision Rules and Regulations Lucas County Land Use Policy Plan (within the “expansion zone”) STAFF ANALYSIS The](https://reader033.fdocuments.us/reader033/viewer/2022042807/5f80d7b264fe3e421d5f2a3a/html5/thumbnails/34.jpg)
REF: Z33-C150. . . July 24, 2019
3 - 14
Page 2-15 Tower: towers include free-standing or attached vertical structures that support electrical generator generation, rotor blades, or meteorological equipment, telecommunication equipment, and other such uses. (Revised 2/9/10, Z33-C135)
Page 7-2
7.2.1 Additional Uses Permitted by Amendment j. Telecommunications, radio, or television broadcasting tower or station in “A" or "R"
District. v. Small wind turbine and other wind-powered generators are allowed with Special Use Permit
in all zoning districts. (Revised 2/9/10, Z33-C135)
Page 9-28
9.21 Towers, Small Wind Turbines, and other wind-powered generators (Section Added 2/9/10, Z33-C135)
9.21.1 General Requirements:
a. The applicant shall provide proof that the proposal to construct a tower or attachequipment to an existing structure has been approved by all other agencies andgovernmental entities with jurisdiction (i.e. Federal Communication Commission,Federal Aviation Administration, and/or Ohio Department of Transportation).
b. Towers Small wind turbines and other wind powered generators shall be allowedonly on parcels one (1) acre five (5) acres or greater in size.
c. Towers Small wind turbines and other wind powered generators powered by anelectric generator shall service only one residence or parcel.
d. Towers Small wind turbines and other wind powered generators must be on afreestanding tower a free-standing or attached vertical structure without guy wiresunless a waiver is granted from the Swanton Township Board of Zoning Appeals.
e. All zoning districts where dwellings of any kind are permitted shall be construedto be an area zoned for residential use.
f. The applicant shall demonstrate that no suitable site is available in a non-residential district.
g. The applicant shall notify the Township Zoning Inspector within thirty (30) daysof ceasing operations at the site. The removal of the structures and buildings isrequired within sixty (60) days of ceasing operations.
h. Applicant shall utilize stealth technology.
![Page 35: LUCAS COUNTY PLAN COMMISSION REPORT July 24, 2019Lucas County Subdivision Rules and Regulations Lucas County Land Use Policy Plan (within the “expansion zone”) STAFF ANALYSIS The](https://reader033.fdocuments.us/reader033/viewer/2022042807/5f80d7b264fe3e421d5f2a3a/html5/thumbnails/35.jpg)
REF: Z33-C150. . . July 24, 2019
3 - 15
9.21.2 Specific Requirements:
a. The applicant shall comply with provide proof of notification to adjacent propertyowners as required by ORC Section 519.211.
b. Height: The total height of any tower shall not exceed one hundred (100) feet.and the The minimum distance between the ground and any protruding blades is15 feet as measured at the lowest point of the arc of the blades.
c. Fall zone: The proposed small wind turbine and other wind-powered generatorthat is powered by an electric generator shall be a distance of At least 125% of theheight of the total structure from any property line, residence, building, and publicor private road or right-of-way.
d. Set-back: No part of the wind system structure, including guy wire anchors whichwould require a waiver by the Swanton Township BZA, shall extend closer thanten (10) feet to the property boundaries of the installation site.
e. Lighting: The maximum lighting used for or on the structure is a low intensityred light defined by the Federal Aviation Administration.
f. Electrical generator: The small wind turbine and other wind-powered generatorpowered by an electric generator shall have a rated capacity of not more than 10kW.
g. Noise: Noise coming from the small wind turbine shall not exceed 65 dBA to thenearest property line.
h. Fencing: The supporting tower shall be enclosed with a six (6) foot high fenceunless the base of the tower is not climbable for a distance of twelve (12) feet.
i. Base: All tower support bases shall be made of concrete.
j. FAA: The FAA is required to receive notification of any construction oralternation of an object that is more than 200 feet in height above the ground levelat the site or if the object is located within 10,000 feet of an airport per FAA,14CFR77.13.(Revised 5/24/16, Z33-C143)
k. The applicant shall notify the Zoning Inspector if operations of the wind turbineand other wind- powered generator cease and shall be removed within 60 days of ceasing operations.
k. Environmental impact: All applicants must receive written approval by the MetroParks (if applicable), U.S. Department of Fish and Wildlife and the Ohio
![Page 36: LUCAS COUNTY PLAN COMMISSION REPORT July 24, 2019Lucas County Subdivision Rules and Regulations Lucas County Land Use Policy Plan (within the “expansion zone”) STAFF ANALYSIS The](https://reader033.fdocuments.us/reader033/viewer/2022042807/5f80d7b264fe3e421d5f2a3a/html5/thumbnails/36.jpg)
REF: Z33-C150. . . July 24, 2019
3 - 16
Department of Natural Resources based upon their determination that the proposed small wind turbine will not impact eagles, wildlife or migratory birds.
l. The small wind turbine and other wind-powered generator wire Any transmissionlines shall be placed underground. to any structures.
9.21.3 Permit Requirements for issuance of a permit:
Before installation of a small wind turbine and other wind-powered generator, For a zoning permit to be issued must be obtained; the following requirements must be met : to obtain a zoning permit for installation of a small wind turbine and other wind-powered generator:
a. Site plan: A detailed site plan shall be required in accordance with the requirementsof Section 9.21.2 and Section 10.5
SECTION 2.1 Interpretation of Terms or Words
Kennel: Any lot or premises on which four (4) or more dogs, more than four (4) months of age, are kept. Any establishment in which dogs are kept on-site for the purposes of breeding, selling, raising, training or boarding.
4.2 Minimum Floor Area Requirements
The minimum floor area per family unit in square feet for dwellings erected on any lot shall not be less than that established by Lucas County Building Regulations 1,200 square feet. In determining floor area, only the area used for living quarters shall be counted. Garages, carports, porches, and basements are to be excluded.
4.3 Basic Yard (Setback), Area, and Height Requirements
Table 4-1 establishes the yard, area, and height requirements for all buildings:
TABLE 4-1
Minimum Lot Minimum Yard (feet)(5,6) Maximum Height
Districts Area Width(1) Front Rear One Side Stories Feet
A-Agricultural 1 3 acre 150(2) (6) 50 10(3) 2 1/2 35
“(7) Parcels deeded prior to this requirement shall not be affected by this change in acreage.”
![Page 37: LUCAS COUNTY PLAN COMMISSION REPORT July 24, 2019Lucas County Subdivision Rules and Regulations Lucas County Land Use Policy Plan (within the “expansion zone”) STAFF ANALYSIS The](https://reader033.fdocuments.us/reader033/viewer/2022042807/5f80d7b264fe3e421d5f2a3a/html5/thumbnails/37.jpg)
STAFF REPORT CONDITIONS OF APPROVAL – AGENCY SOURCE IDENTIFICATION
Recommendations for conditions of approval often originate from agencies that have reviewed plans and proposals under consideration by the Plan Commission. To indicate which agency requested which condition of approval, that agency's name is placed at the end of the condition in parenthesis. Agency names are listed below: TOLEDO-LUCAS COUNTY FIRE PREVENTION TOLEDO EDISON COMPANY PLAN COMMISSIONS c/o BUILDING INSPECTION CHRISTINE CUNNINGHAM ONE GOVERNMENT CENTER ONE GOVERNMENT CENTER ENGINEERING SERVICES SUITE 1620 SUITE 1600 6099 ANGOLA RD. TOLEDO, OH 43604 TOLEDO, OH 43604 HOLLAND, OH 43528 419-245-1200 419-245-1220 419-249-5440 DIVISION OF WATER DISTRIBUTION DIVISION OF FORESTRY UNITED STATES POST OFFICE 401 S. ERIE STREET COMMISSIONER POSTMASTER TOLEDO, OH 43604 2201 OTTAWA PARKWAY 435 S. ST. CLAIR STREET 419-936-2826 TOLEDO, OH 43606 TOLEDO, OH 43601 419-936-2326 419-245-6802 DIVISION OF WATER DIVISION OF INSPECTION LUCAS SOIL AND RECLAMATION COMMISSIONER CONSERVATION DISTRICT COMMISSIONER ONE GOVERNMENT CENTER JEFF GRABARKIEWICZ 3900 N. SUMMIT STREET SUITE 1600 130-A W. DUDLEY TOLEDO, OH 43611 TOLEDO, OH 43604 MAUMEE, OH 43537 419-727-2602 419-245-1220 419-893-1966 DIVISION OF TRANSPORTATION DIVISION OF LUCAS COUNTY ENGINEER COMMISSIONER ENGINEERING SERVICES KEITH EARLEY 110 N. WESTWOOD COMMISSIONER 1049 S. MCCORD ROAD TOLEDO, OH 43607 ONE LAKE ERIE CENTER HOLLAND, OH 43528 419-245-1300 600 JEFFERSON AVENUE, STE 300 419-213-2860 TOLEDO, OH 43604
419-245-1315 SERVICE DEPARTMENT COLUMBIA GAS COMPANY LUCAS COUNTY EDWARD MOORE, DIRECTOR TONY BUCKLEY SANITARY ENGINEER 110 N. WESTWOOD FIELD ENGINEER TECHNICIAN JIM SHAW TOLEDO, OH 43607 2901 E. MANHATTAN BLVD 111 S. McCORD ROAD 419-245-1835 TOLEDO, OH 43611 HOLLAND, OH 43528 419-539-6078 419-213-2926 TOLEDO-LUCAS COUNTY A T & T BUCKEYE CABLESYSTEM, INC. HEALTH DEPT. ATTN: DESIGN MANAGER MANAGER GARY KASUBSKI LANA GLORE, ENV. HEALTH SERV. 130 N. ERIE, ROOM 714 4818 ANGOLA ROAD 635 N. ERIE STREET ROOM 352 TOLEDO, OH 43604 TOLEDO, OH 43615 TOLEDO, OH 43604 419-245-6568 419-724-3821 419-213-4209 VERIZON WATERVILLE GAS OHIO GAS BRAD SNYDER JAMIE BLACK MIKE CREAGER 300 W. GYPSY LANE PO BOX 259 13630 AIRPORT HWY. BOWLING GREEN, OH 43402 WATERVILLE, OH 43566 SWANTON, OH 43558 419-354-9452 419-878-4972 419-636-1117 TIME WARNER EMBARQ CENTURYLINK RAY MAURER 117 E. CLINTON STREET TIM R. TAYLOR 3760 INTERCHANGE ROAD NAPOLEON, OH 43545 375 E. RIVERVIEW AVE. COLUMBUS, OH 43204 419-599-4030 NAPOLEON, OH 43502 614-481-5262 06/17 jl
![Page 38: LUCAS COUNTY PLAN COMMISSION REPORT July 24, 2019Lucas County Subdivision Rules and Regulations Lucas County Land Use Policy Plan (within the “expansion zone”) STAFF ANALYSIS The](https://reader033.fdocuments.us/reader033/viewer/2022042807/5f80d7b264fe3e421d5f2a3a/html5/thumbnails/38.jpg)
I475
DORR
HILL
CENTRAL
SYLVANIA
BANCROFT
BRINT
US24
ALEXIS
SEAMAN
AIRPORT
BOX
EBER
CORDUROY
BROWN
RIVER
SUMM
IT
NAVARRE
WYNN
LATH
ROP
DETR
OIT
LASKEY
SECO
R
ANTHONY WAYNE
MCCO
RD
JEFF
ERS
ANGOLA
BAILEY
VELERPICKLE
MANO
RE
NEOWASHCO
Y
ALBO
NI75
BYRN
E
HELL
ER
STITT
CRISS
EY
YAW
BERG
REYN
OLDS
IRW
IN
CENT
ENNI
AL
FRANKFORT
DOUG
LAS
STAD
IUM
CEDAR POINT
DUTCH
BERK
EY S
OUTH
ERN
JERUSALEM
CASS
ERIE
SUDER
SHAFFER
KEY
GARDEN
MONCLOVA
DECA
NT
MONROE
OHIO TURNPIKE
WECK
ERLY
YORK
LEW
IS
KING
STIC
KNEY
COUS
INO
HOLL
AND
SYLV
ANIA
US23
MIAMI
YOND
OTA
OBEE
JACK
MAN
RAAB
FULT
ON LU
CAS
MAUMEE WESTERN
DORAN
GEISER
HENR
Y LU
CAS
R1
SCHA
DEL
FORD
MURD
WHEE
LING
KILB
URN
RAMM
SYLVANIA METAMORA
FRONT
DUSSEL
NORD
EN
LOSE
NEAPOLIS WATERVILLE
SOUTH
PROV
NEA
P SWA
N
BAY SHORE
TALM
ADGE
UPTO
N
WILK
INS
BROADWAY
MITC
HAW
INDIAN
MANHATTAN
NEBRASKA
I280
GIRD
HAM
BLACK
OLD STATE LINE
LAGRANGE
NORT
H CU
RTIC
E
HOWA
RD
HERT
ZFEL
D
NOWA
RD
MUD
WATE
RVILL
E SW
ANTO
N
STILES
HOLT
BENN
ETT
CHERRY
CONANT
WHITE
FORD
WAYNE
R2
FINZE
L
OAKDALE
PATTON
EASTGATE
LYON
KEEN
ER
REED
DEARBORN
POLLOCK
BURY
SOUL
MATZINGER
HEATHERDOWNS
CODER
HERR
RICHF
IELD C
ENTE
R
OTTE
R CRE
EK
WEST
WOO
D
MOHLER
MILLER
SHOR
ELAN
D
RICH
ARDS
WATERVILLE
COREY
GLENDALE
R10
STARR
PERRY
SACKS
LAPLANTE
DUPO
NT
SCOT
T
TUPELO
CONSAUL
MAIN
BERR
IDGE
MICHIGAN
MEILK
E
BUCHER
GREENBELT
BENORE
ARCHBOLD WHITEHOUSE
ELLIS
TON
POACHERS
SR65
HOLLAND
TEXA
S
LUDWIG
ARLINGTON
SAGER
WOLFINGER
TELE
GRAP
H
HAWL
EY BONO
WASHBURN
BRINDLEY
PARKSIDE
FARNSWORTH
DAVI
S
ARQUETTE
COLL
INGW
OOD
SPEN
CER
HITE
HARR
OUN
SCHNEIDER
TIFFIN
SALISBURY
GIBB
S
RIAL
TO
EDWINR23
STRA
YER
KIES
WET
TER
EDGE
WATE
R
GLANZMAN
OAK
TURN
AU
OLIM
PHIA
HARRIET
KINGSBURY
DEHR
ING
DONO
VAN
WENT
WORT
H
TRAD
E
BEACH PARK
OHIO
AUTOKEE
HARVARD
PERRY
MONROE
US23
BROWN
MONCLOVA
REED
SUMM
IT
RAAB
SOUTH
MICHIGAN
WILK
INS
SALISBURY
SCOT
T
US23
JEFF
ERS
LATH
ROP
OLD STATE LINE
WATERVILLE SWANTON
BROA
DWAY
WASH
BURN
EBER
FULT
ON LU
CAS
RIVER
NEBRASKAI47
5
PATTON
US23
BENORE
BERK
EY S
OUTH
ERN
REED
ANGOLA
MANO
RE
FULT
ON LU
CAS
STARR
GARDEN
KING
ANGOLA
Toledo - Lucas County General Street MapN