Legislation Details

File #: O-225-26    Version: 1 Name:
Type: Ordinance Status: Failed
File created: 5/22/2026 In control: City Council
On agenda: 5/26/2026 Final action:
Title: Granting a Special Use Permit of major public utility-water towers for a site located at 1910 Northover Road, in the City of Toledo, Lucas County, Ohio; subject to certain conditions; declaring an emergency.
Attachments: 1. Ordinance 225-26

 

Label

SUP: Northover Water Tower

Plan Commission/DPU

 

 

Title

Granting a Special Use Permit of major public utility-water towers for a site located at 1910 Northover Road, in the City of Toledo, Lucas County, Ohio; subject to certain conditions; declaring an emergency.

 

 

Body

SUMMARY & BACKGROUND:

By application (SUP-26-0002) filed with the City of Toledo Central Permit Center, a request for a Special Use Permit for a major public utility-water towers for a site located at 1910 Northover Road, , in the City of Toledo, Lucas County, Ohio; was submitted to the Toledo City Plan Commission for its review and recommendation.

 

On April 9, 2026, the Toledo City Plan Commission recommended approval for the request for granting a Special Use Permit for major public utility-water towers for a site located at 1910 Northover Road, in the City of Toledo, Lucas County, Ohio;

 

On May 20, 2026 Toledo City Council, Planning and Zoning Committee reviewed, and made no recommendation on the request to  grant a Special Use Permit, for a major public utility-water towers for a site located at 1910 Northover Road, in the City of Toledo, Lucas County, Ohio; and all other things required by law to be done, have been done. 

 

Summary

NOW THEREFORE Be it ordained by the Council of the City of Toledo:

 

                     SECTION 1. That granting a Special Use Permit, for major public utility-water towers for a site located at 1910 Northover Road, in the City of Toledo, Lucas County, Ohio; be and the same is hereby approved, subject to the conditions contained in Section 2 hereof which must be complied with, as to the property more fully described as follows:

 

The complete and full legal description of the City Owned property (Tax District and Parcel No. 2203418; Assessor No. 03032066) addressed 1910 Northover Road, Toledo, Ohio 43513, from the Lucas County Auditor’s Office, is as follows:

“7 9 9 NE 1/4 E 310 FT W 1320.15 FT S 510 FT PT N OF RD“.

 

SECTION 2. That the approval of the granting of a Special Use Permit, major public utility-water towers for a site located at 1910 Northover Road, in the City of Toledo, Lucas County, Ohio; be subject to compliance with the 30 conditions as follows:

 

The following thirty (30) 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.                     All proposed sidewalk, drive approaches, curb, and pedestrian curb ramps within the public right-of-way shall be constructed in accordance with the City of Toledo Construction Standards, Specifications, Toledo Municipal Code, and Americans with Disabilities Act guidelines.

 

2.                     All proposed 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.

 

3.                     Required permits for all approved work in the public right-of-way shall be obtained, before work begins, from Steve Kessinger. He can be reached at (419) 245-1347 or Steve.Kessinger@toledo.oh.gov <mailto:Steve.Kessinger@toledo.oh.gov> . The application can be obtained online at

Toledo.oh.gov search: Right of Way opening permit.

 

Fire Prevention

 

4.                     A Knox Box key box is required for afterhours access for life saving and firefighting purposes (OFC 506.1).

 

5.                     New and existing buildings shall be provided with approved address identification that meets Building & Fire Code requirements (OBC 501.2 & OFC 505.1).

 

6.                     Security gates/fences shall have an approved means of emergency operations (OFC506.1).

 

Water Distribution

 

7.                     Taps 2” and smaller do not require plan submittal and approval by Water Department; standard water fees apply.

 

8.                     Taps larger than 2” must submit detailed site utility plan for review, approval and fee assessment by Water Engineer. Plans must show all utilities within the right-of-way, water feature sizes and distances; include call outs for any new taps by the City of Toledo or tees by the contractor (example tap callout: “8”x4” tapping sleeve and valve by the City of Toledo at owner’s expense. Excavation, shoring, valve box, backfill and restoration by Contractor”).

 

9.                     All supply lines to fire sprinkler systems must be at least 6” and must have a PIV (Post Indicator Valve) properly protected against mechanical damage.

 

10.                     Maintain 18” vertical clearance and 10’ horizontal between proposed water main and sanitary/storm sewers; maintain 12” vertical and 4’ horizontal clearance with all other utilities.

 

11.                     Existing water service lines to structures removed from the site will be abandoned by the City of Toledo at the developer’s expense (water kill permit).

 

12.                     All Commercial, Irrigation, and Domestic services (in which there is a lawn irrigation system downstream of the Domestic Meter), must have a containment-type backflow device (RPZ) installed at the meter. A backflow assembly diagram has to be submitted and approved by Backflow Coordinator.

 

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

 

14.                     See current Construction Standards for allowed materials.

 

15.                     Current Water General Notes must be included on the plans.

 

Environmental Services

 

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

a.                     Notification shall be made to the Division of Environmental Services (419-936-3015) no later than three days prior to commencement of construction activities.

b.                     Construction BMPs shall be in place prior to the start of construction activities.

c.                     SWP3 inspection reports shall be kept on site with the SWP3 and readily accessible during normal working hours (this comment is specific for sites above 2,500 square ft).

 

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

 

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

 

19.                     Applicant is strongly encouraged to plant native, low maintenance and non-invasive trees, shrubs and perennials. Information is at <https://ohiodnr.gov/wps/portal/gov/odnr/discover-and-learn/plants-trees/invasive-plants>; a list of invasive plants and alternative species can be downloaded from <https://www.oipc.info/uploads/5/8/6/5/58652481/alternatives_to_ohio_invasive_plant_species.pdf>

 

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

 

Traffic Management

 

21.                     Any and all sidewalk in the right-of-way being removed must be replaced to match adjacent sidewalk areas to comply with City of Toledo Complete Streets Ordinance ORD. 391-23 and TMC 1107.1300.

 

Plan Commission

 

22.                     A boardwalk is proposed on the abutting property to the west. Building permits shall be applied for prior to construction.

 

23.                     Per TMC§1107.0600 - Off-Street Parking Schedule “D”, the Planning Director must apply the off-street parking standard specified for the listed use that is deemed most similar to the proposed use. Acceptable as submitted.

 

24.                     Off-street parking and loading spaces, parking lots, maneuvering areas, aisles and driveways must be surfaced with concrete, bituminous asphalt, or other dust-free material other than gravel or loose fill, and be graded to drain all surface water towards the interior of the parking lot or to a stormwater treatment facility subject to the regulations and approval of the Department of Public Utilities. Acceptable as depicted.

 

25.                     The use of barbed wire, razor wire, concertina wire or the like shall not be permitted in any zoning district except the Industrial districts and then only in the side and rear yards which not within 50 feet of a Residential district, not in the front yard setback and not anywhere along a street right-of-way. Not acceptable as depicted. Six-foot (6’), epoxy coated chain link, black, with barb wire is not permitted within Residential Zoning Districts. Revised site plan showing fencing appropriate in Residential Zoning Districts is required.

 

26.                     A detailed site, lighting, fencing and 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 Type A Landscape buffer is required where Industrial Zoning Districts abut Residential Zoning Districts. A Type A Landscape buffer is required around the perimeter of the site to screen the base of the towers and equipment from abutting residential uses. Acceptable as depicted.

 

b.                     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.

 

c.                     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.

 

d.                     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.

 

e.                     The location, height and materials for any fencing to be installed and maintained. Not acceptable as depicted. Fencing which is permitted in Residential Zoning is required.

 

f.                     The location and direction of any proposed lighting shall be identified (lights are to be directed away from adjacent residential properties). Acceptable as depicted.

 

27.                     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.

 

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

 

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.                     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.

 

                     SECTION 3.  That when the conditions contained herein above have been complied with, the Secretary of the Toledo City Plan Commission be and he is hereby directed to change the zoning maps to conform with the within Ordinance.

 

                     SECTION 4.  That this Ordinance hereby is declared to be an emergency measure and shall be in force and effect from and after its passage.  The reason for the emergency lies in the fact that same is necessary for the immediate preservation of the public peace, health, safety and property, and for the further reason that the Ordinance must be immediately effective in order to provide for the orderly regulation and use of the property and to protect the land value in the area.

 

 

[Ordinance Failed 5/26/2026:  Yeas 6, Nays 5