File #: O-172-25    Version: 1 Name:
Type: Ordinance Status: Approved
File created: 4/17/2025 In control: City Council
On agenda: 4/22/2025 Final action: 4/22/2025
Title: Granting a Special Use Permit for a Gas Station for the property located at 1565 Alexis Road, in the City of Toledo, Lucas County, Ohio; subject to certain conditions and declaring an emergency.

 

Label

Zoning & Planning

1565 Alexis Road SUP

 

Title

Granting a Special Use Permit for a Gas Station for the property located at 1565 Alexis Road, in the City of Toledo, Lucas County, Ohio; subject to certain conditions and declaring an emergency.

 

Body

SUMMARY & BACKGROUND:

By application (SUP25-0006) filed with the City of Toledo Central Permit Center, a request for a Special Use Permit for a Gas station for the property located at 1565 Alexis Road, 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 Gas station for the property located at 1565 Alexis Road, 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 Gas station for the property located at 1565 Alexis Road, 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 Gas station for the property located at 1565 Alexis Road, in the City of Toledo, Lucas County, Ohio. 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:

 

Parcel No.: 22-75224

Being a part of the South 10.85 acres of the East 1/2 of the Southeast 1/4 of Section 6, Town 9 South, Range 8 East, in the City of Toledo, Lucas County, Ohio, bounded and described as follows:

Beginning at a point on the East line of said Section 6, and centerline of Hagman Road which point is 355.85 feet North 0 degrees, 23 minutes, 15 seconds East of the Southeast corner of said Section 6;

Thence North 89 degrees, 42 minutes, 45 seconds West along the North line of said 10.85 acres parcel a distance of 825.60 feet to premises deeded to the City of Toledo by deed recorded in Volume 2096, Page 208, Lucas County Deed Record;

Thence South 0 degrees, 30 minutes, 05 seconds West a distance of 63.84 feet measured;

Thence South 32 degrees, 30 minutes, 05 seconds West a distance of 259.09 feet to a point on the Northerly right-of-way line of State Route 184 (Alexis Road Extension) as now established by State Highway Department of Ohio;

Thence South 89 degrees, 32 minutes, 45 seconds East along the Northerly right-of-way line of Alexis Road Extension as now established a distance of 896.35 feet to a point designated as 70.00 feet left of Station 1113 + 00 in the Ohio State Department of Highways centerline survey of State Route 184;

Thence North 18 degrees, 20 minutes, 29 seconds East, a distance of 136.60 feet to a point designated as 200 feet left of Station 1113 + 4196 in said centerline survey of State Route 184;

Thence South 89 degrees, 36 minutes, 45 seconds East a distance of 25.00 feet to the centerline of Hagman Road and the East line of said Section 6;

Thence North 0 degrees, 23 minutes, 15 seconds East along the centerline of Hagman Road and the East line of said Section 6, a distance of 155.82 feet to the place of beginning.

Less and Except that portion of the above-described premises conveyed to Convoy Trailer Systems, Inc., and more particularly described as follows:

That part of the South 10.85 acres of the East 1/2 of the Southeast 1/4 of Section 6, Town 9 South, Range 8 East, in the City of Toledo, Lucas County, Ohio, bounded and described as follows:

Commencing at a point in the centerline of Alexis Road (S.R. 184) and the South line of said Section 6, a distance of 257.19 feet North 89°-32’-45" West of the Southeast corner of said Section 6;

Thence North 00°-27’-15" East, at right angles to the centerline of Alexis Road (S.R. 184), a distance of 70.00 feet to a point on the Northerly Right-of-Way line of Alexis Road (S.R. 184), which point is the true point of beginning of the land herein described;

Thence North 89°-32’-45" West along said Northerly Right-of-Way, a distance of 706.35 feet to the Easterly line of premises deeded to the City of Toledo by deed recorded in Volume 2096, Page 208 Lucas County Deed Records;

Thence North 32°-30'-05" East, along said Easterly line, a distance of 259.09 feet;

Thence continuing North 00°-30’-05" East, a distance of 63.84 feet to a point on the North line of said 10.85 acre parcel;

Thence South 89°-42’-45" East, along the Northerly line of said 10.85 acre parcel, a distance of 568.82 feet;

Thence South 00°-27’-15" West, a distance of 285.10 feet to the true point of beginning. Containing 4.058 acres of land.

Legal descriptions and survey by Lewandowksi Engineers, December 1, 1978.

Said property also being described as follows:

Being part of the East 1/2 of the Southeast 1/4 of Section 6, Town 9 South, Range 8 East, in the City of Toledo, Lucas County, Ohio, bounded and described as follows:

Commencing at a found iron pin monument at the Southeast corner of Section 6, Town 9 South, Range 8 East, said point also being the intersection of the centerlines of Alexis Road, so called, and Hagman Road, so called.

Thence North 00 degrees, 23 minutes, 15 seconds East, along the East line of Section 6, said line also being the centerline of Hagman Road, a distance of 184.59 feet to a point.

Thence North 89 degrees, 36 minutes, 45 seconds West, a distance of 30.00 feet to a magnetic nail set on the Westerly right-of-way of Hagman Road, and said point being the true point of beginning.

Thence South 18 degrees, 20 minutes, 29 seconds West, along the Westerly right-of-way of Hagman Road, a distance of 120.38 feet to a point on the North right-of-way of Alexis Road. From said point an iron pipe can be found 0.05 feet South and 0.12 feet West.

Thence North 89 degrees, 32 minutes, 45 seconds West along the North right-of-way of Alexis Road, a distance of 190.00 feet to a point. From said point an iron pipe can be found 0.09 feet South and 0.09 feet West.

Thence North 00 degrees, 27 minutes, 13 seconds East, a distance of 285.10 feet to a point. From said point an iron pipe can be found 0.07 feet South and 0.02 feet East.

Thence South 89 degrees, 42 minutes, 45 seconds East, a distance of 226.78 feet to a magnetic nail set on the West right-of-way of Hagman Road.

Thence South 00 degrees, 23 minutes, 15 seconds West, along the West right-of-way of Hagman Road, a distance of 171,20 feet to the true point of beginning.

Containing 62,650.92 square feet, or 1.438 acres of land.

Bearings used hereon are based upon an assumed meridian and are for the express purpose of showing angular measurement. All 1/2" galvanized steel pipe set are marked with a cap bearing company name and P.L.S. #7476. This legal description is based upon a field survey prepared by Lewandowksi Engineers on May 19, 2006.

 

SECTION 2.                      That the approval of the granting of a Special Use Permit for a Gas station for the property located at 1565 Alexis Road, in the City of Toledo, Lucas County, Ohio. in the City of Toledo, Lucas County, Ohio, be subject to compliance with the 37 conditions as follows:

 

The following thirty-seven (37) conditions listed by agency of origin.  Applicants are encouraged to contact each of the agencies to address compliance with their conditions.

 

Division of Environmental Services

1.                     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.

 

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

 

3.                     Applicant is strongly encouraged to install permanent inlet filters with oil absorbent pillow in parking lot catch basins to treat stormwater.

 

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

 

5.                     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- <https://ohiodnr.gov/wps/portal/gov/odnr/%20discover-and-learn/plants-trees/invasive-> plants <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 <https://www.oipc.info/uploads/5/8/6/5/%2058652481/alternatives_to_ohio_invasive_plant>_species.pdf <https://www.oipc.info/uploads/5/8/6/5/58652481/alternatives_to_ohio_invasive_plant_species.pdf>

 

6.                     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.

 

Engineering Services

7.                     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.

 

8.                     Required permits for all approved work in the public right-of-way shall be obtained, before work begins, 419-245-1347. The application can be obtained online at Toledo.oh.gov search: Right of Way opening permit.

 

9.                     The stormwater planning is adequate for the site plan, but a full stormwater review for comments requires an engineering submittal of multiple items, listed as items 1.a. - 1.g. on the SWP3 submittal coversheet provided to applicant's engineer. The cover sheet includes a web link to Toledo's 2014 Infrastructure Requirements document.

 

10.                     SWP3 activities and sequencing shall account for demolition, since demolition permitting could occur prior to construction permitting.

 

11.                     Following the stormwater review, additional items are needed to receive construction permission:

a.                     As listed on the SWP3 submittal cover sheet, items 2.a. - 2.c.

b.                     Sewer fee and subcontracting for construction by a Toledo Licensed Sewer Contractor.

c.                     Project team shall provide advance copy of sample storm water permit to bidders and with the contract for construction. It states conditions for precon notifications, field inspection, and permit closure.

d.                     An electronic copy and one full size paper set of the civil drawings as issued for construction. Delivery to the same address as on the provided Sewer Fee form.

 

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

 

13.                     A single sanitary sewer tap from this site shall be allowed into the public sanitary sewer system. Developer shall use existing sanitary tap, when available.

 

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

 

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

 

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

 

Sewer & Drainage Services

No comments from Sewer & Drainage

 

Fire Prevention

No comments from Fire Department.

 

Transportation

17.                     Bicycle parking is required per TMC§1107.0900.

 

18.                     Accessible parking signage must be posted directly in front of the parking spaces at a height of no less than 60 inches and no more than 72 inches above pavement level per TMC§1107.1704.

 

Plan Commission

19.                     Per TMC§1104.0901(H), The hours of operation shall be limited to 5:30 a.m. to 1 a.m. or other hours consistent with a liquor permit issued by the State of Ohio.

 

20.                     Per TMC§1104.0903, any proposed or future canopies shall be set back a minimum of ten feet (10’) from the property line, and shall be designed to be consistent with the building materials and colors of the principal building. Support columns shall be brick, brick base, or other durable materials compatible with the principal building. Acceptable as depicted.

 

21.                     Per TMC§1104.0903(B), pump islands shall be set back a minimum of fifteen feet (15’) from the property line. Acceptable as depicted.

 

22.                     Per TMC§1104.0903(C), Non-petroleum displays must be within 25 feet of the building but not within 25 feet of any right-of-way. The maximum height of such displays shall not exceed 5 feet. Acceptable as depicted.

 

23.                     Per TMC§1104.0903(D), free air (with the capability of filling standard automobile tires), water, and restrooms shall be provided and maintained during operating hours of the station.

 

24.                     A sidewalk is required along Hagman Road to property line per TMC§1107.1303. Acceptable as depicted.

 

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

 

a.                     A fifteen-foot (15’) frontage greenbelt along Alexis Road and Hagman Road per TMC§1108.0202. The greenbelt shall consist of eight (8) trees on Alexis and ten (10) trees on Hagman. Acceptable as depicted.

 

b.                     A Type “B” landscape buffer along the north property line. A ten-foot (10’) wide buffer with ten (10) trees and thirty-five (35) shrubs is required along the north property line. Acceptable as depicted.

 

c.                     Dumpster screening per TMC§1108.0203. Acceptable as depicted.

 

d.                     Perimeter parking lot landscaping along parking areas adjacent to a street per TMC§1108.0204(B.9). A continuous shrub row shall per provided. Acceptable as depicted.

 

e.                     Interior parking lot landscaping per TMC§1108.0204. Four (4) canopy trees and 12 shrubs are to be provided. Acceptable as depicted.

 

f.                     Interior site landscaping per TMC§1108.0205. Four (4) two-inch caliper trees, landscaping at major building entrances, and landscaping along all building sides visible to the public right-of-ways shall be provided. Acceptable as depicted.   

 

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

 

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

 

i.                     The location, number, height, diameter and species of any materials to be planted and maintained, as well as the location and number of any existing trees to be retained. Acceptable as depicted.

 

j.                     The site is larger than ½ acre, so landscaped areas must be irrigated as necessary to maintain required plant materials in good and healthy condition. Irrigation plans must be submitted with development plans and must contain all construction details.

 

k.                     The location and direction of any proposed lighting. Lighting shall be directed away from adjacent residential properties and use flat lens lighting.

 

26.                     Per TMC§1107.1906, all off-street parking, loading, and other vehicle circulation areas shall be graded and continuously maintained and designed to preclude free flow of storm water across or onto adjacent lots, properties, or streets.

 

27.                     Dumpster location(s) shall be clearly defined, have a concrete pad and be surrounded by a solid wooden fence or a masonry screen enclosure with landscaping and shall not be located in any required setbacks or within the public right-of-way. Acceptable as depicted.

 

28.                     The minimum number of parking spaces designed for persons with disabilities that must be provided shall adhere to the table TMC§1107.1701, and be located in close proximity to build entrances with an unobstructed path. Acceptable as depicted.

 

29.                     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.

 

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

 

31.                     Per TMC§1109.0204(A) - Connecting Walkways, a five foot (5’) wide walkway shall be maintained from the street sidewalk to the main entrance without requiring pedestrians to walk around buildings or parking lot outlines which are not aligned with a logical route. The connecting walkway shall be distinguished from driving surfaces when crossing parking aisles or driveways. Acceptable as depicted.

 

32.                     All proposed and future structures shall adhere to the design standards set out in TMC§1109.0205 when applicable. Acceptable as depicted.

 

33.                     Any proposed signage must meet the requirements of TMC§1113 - Signs

 

34.                     A Bond of Performance or suitable assurance acceptable to the Division of Inspection valid for a period of two (2) years shall be posted with the Commissioner of Inspection providing for the installation of required landscaping within one (1) year. Landscaping shall be installed and maintained indefinitely.

 

35.                     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.

 

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

 

37.                     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.

 

 

                     Vote on emergency clause:  yeas _____, nays _____.

 

                     Passed:  _________________, as an emergency measure:  yeas _____, nays _____.

 

 

Attest:  ________________________                                              __________________________________

                            Clerk of Council                                                                           President of Council

 

                     

Approved:  _____________________                                          __________________________________

                                                                                                                                                                                                   Mayor

 

 

                     I hereby certify that the above is a true and correct copy of an Ordinance passed by Council ________________________.

 

 

Attest:  ________________________

                    Clerk of Council