SUP for Used Car Sales lot
5655 Secor Rd.
Zoning & Planning Committee
Title
Granting a Special Use Permit, for a used car sales lot for a site located at 5655 Secor Road, in the City of Toledo, Lucas County, Ohio; subject to certain conditions; and declaring an emergency.
Body
SUMMARY & BACKGROUND:
By application (SUP24-0005) filed with the City of Toledo Central Permit Center, a request for a Special Use Permit for a community center for a site located at 5655 Secor Road, in the City of Toledo, Lucas County, Ohio; was submitted to the Toledo City Plan Commission for its review and recommendation.
On January 16, 2025, the Toledo City Plan Commission recommended approval for the request for a Special Use Permit for a school for a site located at 5655 Secor Road, in the City of Toledo, Lucas County, Ohio.
On February 19, 2025 Toledo City Council, Planning and Zoning Committee reviewed, and sent as approved a request for a Special Use Permit for a school for a site located at 5655 Secor 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 a Special Use Permit for a used car sales lot for a site located at 5655 Secor 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:
A PARCEL OF LAND BEING LOT’S 29, 30, 31, 32, 33, AND 34 OF SAXTON SUBDIVISION, IN THE CITY OF TOLEDO AS RECORD IN PLAT VOLUME 31, PAGE 48 IN THE OFFICE OF THE RECORDER, LUCAS COUNTY, OHIO, ALSO THE EASTERLY 150.00’ (FEET) OF LOT 20 OF TRILBY HEIGHTS PLAT 1, IN THE CITY OF TOLEDO AS RECORDED IN PLAT VOLUME 59, PAGE 36 IN THE OFFICE OF THE RECORDER, LUCAS COUNTY, OHIO, ALSO THE NORTH HALF (1/2) OF LOT 11, EXCEPT THE WEST 300’ (FEET) AND EXCEPT THE EAST 10’ (FEET), OF KETCHAMS’S SUBURBAN PLACE AS RECORDED IN PLAT VOLUME 20,PAGE 19 AND 20 IN THE OFFICE OF THE RECORDER, LUCAS COUNTY, OHIO, WHICH IS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A FOUND 5/8” IRON PIPE IN A MONUMENT BOX AT THE NORTHEAST CORNER OF FRACTIONAL SECTION 7, ALSO BEING THE INTERSECTION OF ALEXIS ROAD AND SECOR ROAD.
THENCE S00o40’14”E ON AND ALONG THE EAST LINE OF THE NORTHEAST ¼ OF FRACTIONAL SECTION 7, A DISTANCE OF 906.67’ (FEET) TO A POINT;
THENCE S88o34’19”W ON AND ALONG THE EXTENSION OF THE SOUTH LINE OF THE NORTH HALF OF LOT 11 OF KETCHAMS SUBDIVISION PLACE AS RECORDED IN PLAT VOLUME 20, PAGE 19 AND 20 IN THE OFFICE OF THE RECORDER, LUCAS COUNTY, OHIO, A DISTANCE OF 40.00’ (FEET) TO A POINT BEING SOUTH O.28’ (FEET) OF A FOUND IRON PIN WITH CAP STAMPED “ORAVECZ,PS 5439” AND BEING THE TRUE POINT OF BEGINNING;
THENCE CONTINUING S88o34’19”W ON AND ALONG THE EXTENSION OF THE SOUTH LINE OF THE NORTH HALF OF LOT 11 OF KETCHAMS SUBDIVISION PLACE, A DISTANCE OF 472.43’ (FEET) TO A POINT BEING WEST 0.28’ (FEET) OF A FOUND CONCRETE MONUMENT STAMPED “ORAVECZ,PS 5439”;
THENCE N00o38’46”W ON AND ALONG THE EXTENSION OF THE EASTERLY LINE OF TRILBY HEIGHTS PLAT 1 AS RECORDED IN PLAT VOLUME 59, PAGE 36 IN THE OFFICE OF THE RECORDER, LUCAS COUNTY, OHIO, A DISTANCE OF 100.00’ (FEET) TO A FOUND CONCRETE MONUMENT STAMPED “ORAVECZ,PS 5439”;
THENCE N88o34’19”E ON AND ALONG THE SOUTHERLY LINE OF SAXTON SUBDIVISION AS RECORDED IN PLAT VOLUME 31, PAGE 48 IN THE OFFICE OF THE RECORDER, LUCAS COUNTY, OHIO, A DISTANCE OF 250.00’ (FEET) TO A FOUND CONCRETE MONUMENT STAMPED “ORAVECZ,PS 5439”;
THENCE N00o38’01”W ON AND ALONG THE EASTERLY LINE OF LOT 35 OF SAXTON SUBDIVISION, A MEASURED DISTANCE OF 154.48’ (FEET) AND RECORDED OF 153.37’ (FEET) TO A FOUND CONCRETE MONUMENT STAMPED “ORAVECZ,PS 5439”;
THENCE N89o12’26”E ON AND ALONG THE SOUTHERLY RIGHT-OF WAY LINE OF CORAL AVENUE (50’ R/W) ALSO BEING THE NORTH LINE OF LOTS 33, 34, AND 29 OF SAID SAXTON SUBDIVISION, A DISTANCE OF 202.86’ (FEET) TO A SET CONCRETE MONUMENT STAMPED “BRYAN D. ELLIS,P.S.#8292”;
THENCE S45o43’54”E, A DISTANCE OF 27.42’ (FEET) TO A SET CONCRETE MONUMENT STAMPED “BRYAN D. ELLIS,P.S.#8292”;
THENCE S00o40’14” ON AND ALONG THE WESTERLY RIGHT-OF WAY LINE OF SECOR ROAD (80’ R/W) A DISTANCE OF 232.60’ THE TRUE POINT OF BEGINNING;
CONTAINING 1.862 ACRES, 81,117 SF OF LAND MORE OR LESS AND SUBJECT TO ALL LEGAL HIGHWAYS, LEASES, EASEMENTS AND RESTRICTIONS OF RECORD.
SECTION 2. That the approval of the Special Use Permit for a school for a site located at 2323 W. Bancroft Street, in the City of Toledo, Lucas County, Ohio shall be subject to compliance with the twenty-seven (27) conditions as follows:
The following twenty-seven (27) conditions are 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-> 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_species.pdf>_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.
Division of Engineering Services
No comments from Division of Engineering Services.
Fire Prevention
No comments from Fire Department.
Division of Transportation
No comments from Division of Transportation.
Plan Commission
7. Sidewalk shall be installed along Coral Avenue in accordance with TMC§1107.1303.
8. 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.
9. 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.
10. Pursuant to TMC§1104.0308, all vehicles on display must be parked in striped parking spaces that shall be designated on an approved Site Plan. Vehicle parking that deviates from the approved Site Plan shall not be permitted. Acceptable as depicted.
11. Elevated displays lifts or metal structures used in conjunction with the display of motor vehicles shall be permitted only within those areas specifically designated upon the Site Plan and shall not be allowed in any required front yard. (TMC§1104.0302(A)); if applicable.
12. All vehicles on display shall be parked in striped parking spaces that shall be designated on an approved site plan. Vehicle parking that deviates from the approved site plan shall not be permitted. Acceptable as depicted.
13. 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
14. All used motor vehicles parked or displayed outdoors shall conform to Chapter 337, Safety and Equipment, of the Traffic code and shall be operable.
15. Repairs and services of vehicles shall be conducted wholly within an enclosed building permanently located on the site.
16. Off-street parking and loading spaces, parking lots, maneuvering areas, aisles and driveways must be surfaced with concrete, bituminous asphalt, or other dust-free material other than gravel or loose fill, and be graded to drain all surface water towards the interior of the parking lot.
17. Display areas shall incorporate curbs and other substantial permanent barriers as approved by the Planning Director to prevent encroachment of vehicles into the required setback and landscaped areas.
18. 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)).
19. A fifty-foot (50’) separation measured along the street frontage between any open display sales lot and a Residential district boundary line shall be maintained. This separation shall apply to both side of a street and to intersecting streets on corner lots. Acceptable as depicted
20. If the sales building is rebuilt or modified in the future, the building design shall meet the requirements of TMC§1109.0500 Building Façade Materials and Color. Exterior building materials shall not include concrete blocks, concrete panels or wood sheet goods as a predominant material. EIFS may not constitute more than 20% of the exterior for facades visible from the public right-of-way. The façade colors shall be low-reflectance, subtle, neutral or earth tone colors.
21. The location, lighting and size of any signs, all signage is subject to TMC§1387. No new free-standing signs greater than forty-two inches (42”) from grade are permitted - any proposed signage must meet the requirements of TMC§1113 - Signs.
22. A detailed site, lighting, fencing and landscaping plan (separate from building & site plans) shall be submitted to the Plan Director for review and approval. Such plan shall include:
a. A minimum fifteen-foot (15’) wide frontage greenbelt along all public streets is required. Frontage greenbelt shall include one (1) tree per every (30’) of frontage, and a continuous shrub (minimum installation height of 18”). A total of eight (8) trees along Coral Avenue and six (6) trees along Secor Road are required; Not acceptable. A revised landscaping plan shall be submitted depicting the additional two (2) trees along Secor Road.
b. A Type “A” landscape buffer is required along all portions of the site abutting residential districts. Type “A” landscape buffer shall be at least ten feet (10’) in width and include a solid wood six foot (6’) to eight foot (8’) high fence. Fencing is to be installed so that the smooth/flush side faces away from the development site. Four (4) trees and fifteen (15) shrubs are required per one-hundred (100) linear feet; Acceptable as depicted.
c. The south western location of the site where parking lot is abutting residential districts requires a continuous evergreen hedge (minimum 18” in height when installed) in the Type “A” buffer in lieu of individual shrubs; Not acceptable as depicted
d. Parking lot interior and perimeter landscaping is required. For every parking space provided twenty square feet (20’) of landscaping is required. A total 1,020 sq feet of interior parking lot landscaping shall be provided. A peninsula landscape area that replicates or mimics the existing peninsula landscape area at the eastern (Secor Road) driveway entrance, is required at the northern (Coral Avenue) entrance. A total of ten (10) trees and thirty (30) shrubs are required within the interior parking lot landscaping. Trees and shrubs that do not fit in peninsula landscape areas may be planted along the western perimeter of the parking lot perpendicular to Coral Avenue (north of the sales building) and count towards the interior parking lot landscaping requirements. Not acceptable. A revised landscaping plan shall be submitted.
e. One (1) two-inch (2”) caliper tree for every one-thousand square foot (1,000 sq. ft.) of building coverage is required. Acceptable as depicted.
f. Foundation plantings are required along all portions of the building that are visible from the public right-of-way, and landscaping at all major building entrances. Foundation plantings are required. Not acceptable. A revised landscaping plan shall be submitted depicting foundation plantings along the northern portion of the of the sales building parallel to Carol Avenue.
g. Landscaped areas may not contain bare soil, aggregated stone or decorative rock. Any ground area must be covered with hardwood mulch, grass or other vegetative ground coverage.
h. Topsoil must be back filled to provide positive drainage of the landscape area.
i. 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.
j. The land owner, or successors in interest, or agent, if any, or lessee must be jointly responsible for all the regular maintenance of all landscape materials as well as any plant material removed.
k. All landscaped areas shall be provided with a readily available water supply in accordance with TMC§1108.0406 Irrigation/Watering. Water outlets (hose bibbs) shall be provided within one-hundred feet (100’) of all required plant material unless a subsurface irrigation system is used. Irrigation plans must be submitted with development plans and, in the case of a subsurface irrigation system, contain all construction details.
l. Buffers or landscaped areas that are part of the stormwater runoff system must comply with the City’s stormwater discharge control policies pursuant to Chapter 941 of the Streets, Utilities, and Public Services Code as administered by the Department of Public Utilities.
m. All existing trees on the site with a caliper of four inches (4”) or more must be mapped prior to the site planning and should be incorporated into the landscape plan to the maximum practical extent.
n. All trees in excess of twelve inches (12”) in diameter must be retained to the maximum practical extent.
o. The site is ½ acre or larger, landscaped areas must be irrigated as necessary to maintain required plant materials in good and healthy condition. Irrigation plans must be submitted with development plans and must contain all construction details;
p. 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 landscaped materials shall meet the standards of TMC§1108.0400 - Landscape Material Standards. Not acceptable, a revised landscaping plan shall be submitted.
q. The location type and direction of any proposed lighting. The lighting is subject to the approval of the Planning Director. (Lights are to be directed away from adjacent residential properties); and
r. The location, height and materials for any fencing to be installed and maintained shall be noted on fencing plan.
23. 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.
24. The Special Use Permit may be reviewed for compliance with the conditions of approval, negative secondary effects, and adherence to all requirements of the Toledo Municipal Code. If outstanding issues are found and not addressed the Special Use Permit may be considered for revocation.
25. Approval of the Special Use Permit will lapse after one (1) year if the criteria listed in TMC 1111.0707 have not been met.
26. Minor adjustments to the Site Plan that do not violate the above conditions, or the Toledo Municipal Code, may be reviewed and approved by the Director of the Toledo City Plan Commission.
27. No permits shall be issued until arrangements satisfactory to the Director of the City of Toledo Plan Commission have been made for compliance with the conditions as set forth above.
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 10, nays 0.
Passed: February 25, 2025, as an emergency measure: yeas 10, nays 0.
Attest:
Paula R. Howell Carrie Hartman
Deputy Clerk of Council President of Council
Approved: February 25, 2025
Wade Kapszukiewicz
Mayor