Label
Zoning & Planning
0 Dura Avenue SUP
Title
Granting a Special Use Permit for a stand-alone solar array for the property located at 0 Dura Avenue, in the City of Toledo, Lucas County, Ohio; subject to certain conditions and four waivers; and declaring an emergency.
Body
SUMMARY & BACKGROUND:
By application (SUP24-0010) filed with the City of Toledo Central Permit Center, a request for a Special Use Permit for a stand-alone solar array for the property located at 0 Dura Avenue, in the City of Toledo, Lucas County, Ohio; was submitted to the Toledo City Plan Commission for its review and recommendation.
On March 13, 2025, the Toledo City Plan Commission recommended approval for the request for granting a Special Use Permit for a stand-alone solar array for the property located at 0 Dura Avenue, in the City of Toledo, Lucas County, Ohio.
On April 16, 2025, the Toledo City Council Zoning and Planning Committee recommended approval for the request for granting a Special Use Permit for a stand-alone solar array for the property located at 0 Dura Avenue, in the City of Toledo, Lucas County, Ohio.
Summary
NOW THEREFORE Be it ordained by the Council of the City of Toledo:
SECTION 1. That granting a Special Use Permit for a stand-alone solar array for the property located at 0 Dura Avenue, 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:
Legal Description of Dura Lease Area: Being part of Lot 2 in J. Thomas Plat, as recorded in Lucas County Official Record 20220126-0004478, in the City of Toledo, Lucas County, Ohio, bounded and described as follows:
Commencing at a 2 inch iron bolt in monument box found at the East Quarter post of Section 13, Town 9 South, Range 7 East, said point also being on the centerline of Stickney Avenue.
Thence South 89 degrees, 09 minutes, 54 seconds West, along the East-West centerline of Section 13, a distance of 600.45 feet to a point on the West line of Lot 3 in J. Thomas Plat, said point also being the True Point of Beginning.
The following eight courses are along the West line of Lot 3 in J. Thomas Plat:
Course 1: Thence South 18 degrees, 55 minutes, 57 seconds West, a distance of 240.63 feet to a point.
Course 2: Thence South 04 degrees, 37 minutes, 27 seconds East, a distance of 687.81 feet to a point.
Course 3: Thence South 01 degree, 45 minutes, 00 seconds East, a distance of 195.32 feet to a point.
Course 4: Thence South 18 degrees, 34 minutes, 10 seconds West, a distance of 226.35 feet to a point.
Course 5: Thence South 46 degrees, 33 minutes, 15 seconds West, a distance of 167.27 feet to a point.
Course 6: Thence South 69 degrees, 37 minutes, 33 seconds West, a distance of 258.46 feet to a point.
Course 7: Thence South 77 degrees, 17 minutes, 56 seconds West, a distance of 742.24 feet to point.
Course 8: Thence South 29 degrees, 28 minutes, 38 seconds West, a distance of 62.12 feet to a point on the North line of Lot 1 in J. Thomas Plat, said point also being on the North line of a parcel of land as conveyed to 4242 Creekside, LLC, as recorded in Lucas County Official Record 20220627-0028765.
Course 9: Thence North 86 degrees, 17 minutes, 51 seconds West, along the North line of Lot 1 in J. Thomas Plat, said line also being the North line of a parcel of land as conveyed to 4242 Creekside, LLC, a distance of 114.58 feet to a 1/2 inch galvanized steel pipe found on the Easterly line of a parcel of land as conveyed to 4242 Creekside, LLC, as recorded in Lucas County Official Record 20231213-0040229.
Course 10: Thence North 20 degrees, 30 minutes, 14 seconds East, a distance of 20.58 feet to a 1/2 inch galvanized steel pipe found on the Northerly line of a parcel of land as conveyed to 4242 Creekside, LLC.
The following five courses are along the Northerly line of a parcel of land as conveyed to 4242 Creekside, LLC:
Course 11: Thence North 46 degrees, 39 minutes, 38 seconds West, a distance of 431.15 feet to a found 1/2 inch galvanized steel pipe.
Course 12: Thence South 68 degrees, 49 minutes, 11 seconds West, a distance of 283.95 feet to a found 1/2 inch galvanized steel pipe.
Course 13: Thence North 71 degrees, 52 minutes, 29 seconds West, a distance of 114.19 feet to a found 1/2 inch galvanized steel pipe.
Course 14: Thence North 80 degrees, 48 minutes, 32 seconds West, a distance of 281.61 feet to a found 1/2 inch galvanized steel pipe.
Course 15: Thence North 18 degrees, 50 minutes, 46 seconds West, a distance of 77.09 feet to a found 1/2 inch galvanized steel pipe.
Course 16: Thence North 12 degrees, 39 minutes, 05 seconds West, a distance of 279.56 feet to a 1/2 inch galvanized steel pipe found on the Westerly line of a parcel of land as conveyed to Paula’s Property, LTD., as recorded in Lucas County Official Record 20041209-0098851.
Course 17: Thence North 01 degree, 35 minutes, 44 seconds West, along the Westerly line of a parcel of land as conveyed to Paula’s Property, LTD., a distance of 1,026.47 feet to a point on the Southerly Right-of-way of Dura Avenue, from said point a 3/8 inch iron bar (bent) can be found 0.21 feet North and 0.63 feet East.
The following three courses are along the Southerly Right-of-way of Dura Avenue:
Course 18: Thence North 89 degrees, 19 minutes, 09 seconds East, a distance of 713.72 feet to a point.
Course 19: Thence North 89 degrees, 11 minutes, 56 seconds East, a distance of 671.48 feet to a point.
Course 20: Thence North 89 degrees, 19 minutes, 30 seconds East, a distance of 140.93 feet to a point on the Easterly Right-of-way of Dura Avenue.
Course 21: Thence North 01 degree, 17 minutes, 37 seconds West, along the Easterly Right-of-way of Dura Avenue, a distance of 40.79 feet to a point on the East-West centerline of Section 13.
Course 22: Thence North 89 degrees, 09 minutes, 54 seconds East, along the East-West centerline of Section 13, a distance of 868.84 feet to the True Point of Beginning.
Containing 3,469,902.58 square feet or 79.6580 acres of land. Bearings used herein are based upon an assumed meridian and are intended to indicate angular measurement only. This legal description is based upon a field survey prepared by Verdantas between January and February 2025.
SECTION 2. That the approval of the granting of a a stand-alone solar array for the property located at 0 Dura Avenue, in the City of Toledo, Lucas County, Ohio, be subject to compliance with the 30 conditions as follows:
The following thirty (30) conditions 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. If there will be any proposed sidewalk, drive approaches, curb, and pedestrian curb ramps within the public right-of-way they shall be constructed in accordance with the City of Toledo Construction Standards, Specifications, Toledo Municipal Code, and Americans with Disabilities Act guidelines.
2. If there will be any proposed commercial drive approaches, (along with the sidewalk through the drive) they shall be constructed with 8" thick concrete per City of Toledo Construction Standards and Specifications.
3. Required permits for all approved work in the public right-of-way shall be obtained, before work begins, from 419-245-1347. The application can be obtained online at Toledo.oh.gov search: Right of Way opening permit.
4. The City of Toledo public water system does not appear to be impacted by this project. Refer to comments provided by the Division of Water Distribution regarding private water mains and/or service lines.
5. A SWP3 submittal is required; note 8 on each sheet of the proposed site plan is insufficient to meet the requirement, since a 513 permit for one of the landfills is the only document that calls out surface water management, and the requirements of the 513 are not known to
be to the standards of the Ohio Construction General Permit. Toledo requires a SWP3 for projects over 2,500 square feet of construction activity. Placement of the fill (ballast) would constitute a construction activity. The total disturbance of the project would not just be the footprint of the ballasts however and would also include the remainder of the area that will be disturbed by construction activities, including construction traffic. If any of the site is to experience heavy construction traffic from equipment and will disturb the earth, that would need to be accounted for in the calculation of the total disturbed area. The entire project including the electrical transmission work offsite will need tallied, and if greater than an acre, an NOI will also be need to be submitted and authorized by OEPA.
6. The new electrical transmission crossing(s) of the Ottawa River must follow TMC 1110 (Flood Control Regulations), and State and Federal Clean Water Act regulations for construction in and near surface water, upon which Toledo's stormwater approval of this project is dependent. If a permit does not apply, provide a letter from a qualified professional certifying that they have surveyed the site and determined that the permit is not applicable. All certifications and delineations shall include written concurrence from the U.S. Army Corps of Engineers and/or Ohio EPA, as appropriate, in accordance with protocols currently accepted by the U.S. Army Corps of Engineers.
7. Provide 60 ft wide clear space above the 36" storm and 42" sanitary sewers.
Fire Prevention Bureau
8. OFC 503.6 Security gates shall have an approved means of emergency operations.
9. OFC 506.1 Key box(s) for access to buildings and areas restricted by fences, gates, etc.…
10. OFC 503.1 Fire apparatus roads shall be provided and maintained.
11. OFC 503.2.8 Fire apparatus access into and through the entire facility shall comply with all requirements for angles of approach and departure, turning radius’s, dead end turn arounds.
12. OFC 503.2.1 Fire apparatus access roads shall have an unobstructed width of not less than 20’ and ab unobstructed vertical clearance of not less than 13’6”.
13. OFC 503.2.3 Fire apparatus access roads shall be designed and maintained to support imposed loads of fire apparatus and shall be surfaced to support all-weather driving capabilities.
14. OFC 605.11.2 A clear brush free area of 10’ shall be maintained around the array(s).
15. A means of disconnecting shall be provided per the 2023 NEC.
Division of 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 specific for sites above 2,500 square feet)
17. Applicant shall maintain compliance with Ohio EPA’s General Storm Water NPDES permit programs, including NOI for coverage under the Construction Stormwater General Permit (OHC00006).
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 <https://www.oipc.info/uploads/5/8/6/5/58652481/%20alternatives_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.
Plan Commission
21. The applicant shall maintain the solar energy facility and all appurtenances in good and working condition for the life of the facility.
22. The applicant shall adequately decommission the solar energy facility when it is abandoned or no longer in service. This includes but is not limited to closing the facility, removing the equipment and restoring the property to its predevelopment condition.
23. 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. Not acceptable as submitted. Applicant shall obtain a waiver to TMC§1107.1906, so that the internal access roads do not have to be surfaced with concrete, asphalt or other dust-free material.
24. 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’) frontage greenbelt is required along Dura Avenue and shall include one (1) tree per every thirty-foot (30’) of frontage. Fifty (50) tress are required. A landscape plan has not been submitted. Not acceptable as submitted. Applicant shall obtain waiver to TMC§1108.0202(B)(1), to allow for landscaping as approved by the Plan Director, in lieu of the fifty (50) trees required along Dura Avenue. In addition, a landscape plan depicting the proposed landscaping shall be submitted.
b. Topsoil must be back filled to provide positive drainage of the landscape area; acceptable as submitted.
c. Landscaped areas may not contain bare soil, aggregated stone or decorative rock. Any ground area must be covered with hardwood mulch, grass or other vegetative ground coverage.
d. The location, number, height, diameter and species of any materials to be planted and maintained, as well as the location and number of any existing trees to be retained, trees, shrubs, and landscape materials shall meet the standards included in TMC§ 1108.0400 Landscape Materials Standards. Not acceptable as submitted. A Landscape Plan shall be submitted with the required landscaping as approved by the Plan Director.
e. The location, height and materials for any fencing to be installed and maintained. Not acceptable as submitted. The applicant shall obtain a waiver to TMC§1105.0302(A)(1) and TMC§1105.0303 for the existing and proposed chain link fence with barbed wire in the required front yard along Dura Avenue. Additionally, the site plan shall be revised to reflect the correct type of fence material proposed.
f. Landscaped areas must be irrigated as necessary to maintain required plant materials in good and healthy condition per TMC§1108.0406. If a subsurface irrigation system is used, irrigation plans must be submitted with development plans and must contain all construction details. If xeriscaping is used, a xeriscaping plan must be submitted to the Plan Director containing a watering plan during plant establishment (approximately 3 years) and detailed depictions of xeriscaping features and techniques used, including soil type, drainage, topography, and plant cultivars/nativars.
g. Lights and light fixtures used to illuminate any parking 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 per TMC§1107.1908.
h. The location, lighting, and size of any signs.
i. Landscaping shall be installed and maintained indefinitely.
25. Applicant shall submit proper documentation for all necessary permits to allow development within the floodplain to the Floodplain Administrator within the City of Toledo’s Division of Building Inspections as applicable.
26. All proposed signage for the site shall be meet the requirements of TMC§1113.000. A sign permit application shall be submitted and approved for all signage.
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.
28. 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.
29. 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.
30. Approval of the Special Use Permit will lapse after one (1) year if the criteria listed in TMC§1111.0707(A) have not been met.
SECTION 3. Waiving Section 1107 of the Toledo Municipal Code for the zoning maps attached to Part 11, Planning and Zoning, Toledo Municipal Code, for the property located at 0 Dura Avenue, in the City of Toledo, Lucas County, Ohio.
Chapter 1107 Parking, Loading, and Access
Section 1107.1906 Surfacing and Drainage
Approve a waiver so that the proposed access roads for the solar energy facility do not have to be surfaced with concrete, asphalt or other dust-free material. Staff is in support of the waiver as the access roads will have minimal use once the facility is constructed.
SECTION 4. Waiving Section 1108 of the Toledo Municipal Code for the zoning maps attached to Part 11, Planning and Zoning, Toledo Municipal Code, for the property located at 0 Dura Avenue, in the City of Toledo, Lucas County, Ohio.
Chapter 1108 Landscaping and Screening
Section 1108.0202(B)(1) Frontage Greenbelt
Approve a waiver to allow landscaping, as approved by the Plan Director, in lieu of the fifty (50) trees required along Dura Avenue. Staff is in support of the waiver as large shade trees may interfere with the collection of solar energy on the site.
SECTION 5. Waiving Section 1105 of the Toledo Municipal Code for the zoning maps attached to Part 11, Planning and Zoning, Toledo Municipal Code, for the property located at 0 Dura Avenue, in the City of Toledo, Lucas County, Ohio.
Chapter 1105 Accessory Uses
Section 1105.0302(A)(1) Commercial and Industrial Districts
Approve a waiver to allow for a seven-foot (7’) high fence in the front yard along Dura Avenue. Staff is in support of this waiver due to the nature of the proposed use and the need for site safety and security. Additionally, the adjacent property and the property along the north side of Dura Avenue is zoned and used for industrial purposes.
SECTION 6. Waiving Section 1105.0303 of the Toledo Municipal Code for the zoning maps attached to Part 11, Planning and Zoning, Toledo Municipal Code, for the property located at 0 Dura Avenue, in the City of Toledo, Lucas County, Ohio.
Section 1105.0303 Barbed Wire & Electric Fences Prohibited
Approve a waiver to allow for a chain link fence with barbed wire in the front yard along Dura Avenue. Staff is in support of this waiver due to the nature of the proposed use and the need for site safety and security. Additionally, the adjacent property and the property along the north side of Dura Avenue is zoned and used for industrial purposes.
SECTION 7. 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 8. 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.
Vote on emergency clause: yeas 9, nays 0.
Passed: May 20, 2025, as an emergency measure: yeas 9, nays 0.
Attest:
Julie A. Gibbons Carrie Hartman
Clerk of Council President of Council
Approved: May 20, 2025
Wade Kapszukiewicz
Mayor