Label
SUP for a New Gas Station at 3219 Tremainsville Road
Zoning & Planning Committee
12/10/2024
Title
Granting a Special Use Permit, for a new gas station for a site located at 3219 Tremainsville Road, in the City of Toledo, Lucas County, Ohio; subject to certain conditions; and declaring an emergency.
Body
SUMMARY & BACKGROUND:
By application (SUP24-00092) filed with the City of Toledo Central Permit Center, a request for a Special Use Permit for a new gas station for a site located at 3219 Tremainsville Road, in the City of Toledo, Lucas County, Ohio; was submitted to the Toledo City Plan Commission for its review and recommendation.
On November 7, 2024, the Toledo City Plan Commission recommended approval for the request for a Special Use Permit for a new gas station for a site located at 3219 Tremainsville Road, in the City of Toledo, Lucas County, Ohio.
On December 10, 2024 Toledo City Council, Planning and Zoning Committee reviewed, and sent as approved a request for a Special Use Permit for a new gas station for a site located at 3219 Tremainsville 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 new gas station for a site located at 3219 Tremainsville 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:
Known as and being a part of the abandoned right-of-way of the Toledo and Western Railway Company and being located in West half of the Northwest quarter of Section 8, T9S, R7E, Lots 28 through 36 inclusive and Lots 40 through 43 inclusive, Hiawatha Park Subdivision as evidenced in Lucas County Plat Records Volume 33 at Page 17, and a portion of the Vacated Pueblo Road (40' right-of-way) Hiawatha Park, City of Toledo, Lucas County, Ohio and being more particularly described as follows:
Commencing from a found iron pipe located at the southwesterly corner of Lot 40, Hiawatha Park Subdivision, said found 3/4" iron pipe being located on the northerly line of Rulo Road (40' right-of-way) as evidenced on said Hiawatha Park subdivision for the point and place of beginning of the parcel herein described.
Thence North 04 degrees 46 minutes 54 seconds East in the East line of Lots 22 through 27 inclusive, said East line also being the East line of lots 22 through 27 inclusive, passing through a found 1" crimped iron pipe at 105.28 feet marking the northwesterly corner of Lot 40, a total distance of 249.52 feet, in the northerly extension of said lot lines, and also being in the common boundary with a parcel now or formerly owned by NOUR, LLC as evidenced in Lucas County Deed Record 20110701-0025593, to a point in the southerly line of Alexis Road
(varying right-of-way).
Thence North 89 degrees 01 minutes 41 seconds East in the southerly line of said Alexis Road, a distance of 149.11 feet to a point.
Thence South 65 degrees 42 minutes 17 seconds East, a distance of 23.32 feet to a point at its intersection with the southwesterly line of Tremainsville Road (60 feet right-of-way). Thence South 41 degrees 10 minutes 19 seconds East in the northeasterly line of the Toledo and Western Railway Company, and being in the southwesterly line of the aforementioned Tremainsville Road, a distance of 212.25 feet to a point in the northeasterly extension of the northwesterly lines of Lots 37 and 44, Hiawatha Park Subdivision, said northwesterly lines also being in the common boundary of a parcel now or formerly owned by Joseph R. and Janice M. Lydic as evidenced in Lucas County Deed Fiche # 96-0508A11.
Thence South 48 degrees 49 minutes 41 seconds West in the extension of the southeasterly lines of the aforementioned Lots 36 and 43, a distance of 296.50 feet to the Southeast corner of Lot 43, said Southeast corner also being in the northerly line of Rulo Road.
Thence North 41 degrees 10 minutes 19 seconds West in the northerly line of Rulo Road, a distance of 23.90 feet to a found 1" iron pipe marking a point of curvature to the left.
Thence along said curve to the left conforming to the following curve data: Delta = 28 degrees 11 minutes 00 seconds Radius = 236.03 feet with a chord bearing of North 55 degrees 15 minutes 49 seconds West and distance of 114.93 feet and an arc length of 116.10 feet to the point and place of beginning.
Said parcel contains 1.7946 acres.
The above legal description was prepared by Peter J. Segaard, Ohio
Professional Surveyor #7883 and is based on the assumption that the easterly line of lots 36 and 43, Hiawatha Park Subdivision, City of Toledo, Lucas County Ohio bears South 48 degrees 49 minutes 41 seconds West and is also based on a survey performed in May, 2015.
SECTION 2. That the approval of the Special Use Permit for a new gas station for a site located at 3219 Tremainsville Road, in the City of Toledo, Lucas County, Ohio shall be subject to compliance with the 54 conditions and 1 waiver as follows:
The following fifty-four (54) conditions are listed by agency of origin. Applicants are encouraged to contact each of the agencies to address compliance with their conditions.
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 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 419-245-1347. The application can be obtained online at Toledo.oh.gov search: Right of Way opening permit.
4. An existing 6-inch diameter public water main crosses the site. Per previous discussions between the applicant and the Division of Water Distribution, this water main is to be abandoned. Show the water main on the site plan, and note the work items needed to abandon the water main. Also note the work to be completed by the Division of Water Distribution, at the applicant's expense.
5. Refer to comments provided by the Division of Water Distribution regarding private water mains and/or service lines for the proposed development.
6. The stormwater planning is adequate for the Site Plan Review (SPR) phase; a future 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 the applicant. The cover sheet includes a web link to Toledo's 2014 Infrastructure Requirements document.
7. SWP3 activities and sequencing shall account for any demolition if demolition may be sequenced prior to construction permitting.
8. The underground detention system (UDS) is proprietary and outside the scope of the City's services for sewer inspection. The following notes shall be added to the plans:
a. The contractor shall have the underground detention system manufacturer's representative on-site during the installation of the UDS. This representative shall advise the contractor as to the required installation procedures for the UDS.
b. The City of Toledo will be provided with an as-built signature by an Ohio P.E. representing the detention system manufacturer with the certification statement to
the effect of: 'I certify that the underground detention system was installed in accordance with the manufacturer's installation requirements and that the
underground detention system will function as designed in accordance with the contract documents.
9. 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 pre-con 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.
10. Sanitary sewer service for this development is available subject to the Rules and Regulations of the Department of Public Utilities.
11. 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.
12. 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.
13. 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.
Water Distribution
14. Taps 2” and smaller do not require plan submittal and approval by Water Department; standard water fees apply.
15. 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 callouts 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”).
16. Ally supply lines to fire sprinkler systems must be at least 6” and must have a PIV (Post Indicator Valve) properly protected against mechanical damage.
17. Maintain 18” vertical clearance and 10’ horizontal between proposed water main and sani/storm sewers; maintain 12” vertical and 4’ horizontal clearance with all other utilities.
18. 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).
19. 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.
20. Water service is subject to the Rules and Regulations of the Department of Public Utilities.
21. See current Construction Standards for allowed materials
22. Current Water General Notes must be included on the plans.
Division of Sewer & Drainage Services
No comments received at time of publication.
Division of Environmental Services
23. Applicant shall install at least a 1000-gallon (two compartment) outdoor grease separator/trap or submit plans from a State of Ohio registered design professional who has calculated the proper size of the grease separator/trap with menu and cooking activities included in the calculation.
24. 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.
25. Applicant shall maintain compliance with Ohio EPA’s General Storm Water NPDES permit programs.
26. 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.
27. 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/alternatives%20_to_ohio_invasive_plant_species.pdf>
28. 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.
Bureau of Fire Prevention
29. The proposed new building will require compliance with all applicable Building, Fire, Electrical, Mechanical and Plumbing code requirements. (OBC105.1 & 101.4)
30. Building construction plans to be submitted to the FD for review in addition to the Building Inspection Department plan submittal. (OFC104.2, OBC107.4.5)
31. New and existing buildings shall be provided with approved address identification that meets Building & Fire Code requirements. (OBC 501.2 & OFC 505.1)
32. Any addition of cooking equipment and suppression system for same will need plans submitted for review by the Building Dept, Health Dept and the FD. (OFC104.2, OFC901.2)
33. All permits for new UST systems for this fueling station to be submitted to the State of Ohio BUSTR (Bureau of Underground Storage Tank Registration) ORC 1301:7-9-10 Permits for UST systems
34. A fire safety inspection is required prior to occupancy. (OFC105.3.3.2)
Division of Transportation
Recommends approval after working with applicant to revise the original site plan to address initial circulation concerns. No additional comments provided.
Plan Commission
35. The thirteen (13) subject parcels shall be combined.
36. The hours of operation shall be limited to 5:00a.m. to 1a.m. per TMC§1104.0901(H).
37. Free air, water, and restrooms shall also be provided and maintained during the hours of operation of the gas station.
38. Off-street parking shall be provided pursuant to Off-Street Parking Schedule “A,”
(TMC§1107.0304). A total of twenty-five (25) parking spaces are required for this site. The submitted site plan shows sixteen (16) parking spaces. Acceptable as depicted, given that the applicant is providing a covered bus shelter as a pedestrian amenity on-site.
39. Bicycle parking slots shall be provided pursuant to Off-Street Parking Schedule “A,” (TMC§1107.0300). Minimum number of bicycle parking slots required for a convenience store is one (1) bicycle parking per ten (10) parking spaces. A minimum of two (2) bicycle parking spaces is required. Acceptable as depicted.
40. Bicycle parking must be well-lighted, paved, and drained to be reasonably free of mud, dust, and standing water. The proposed walkway from provided bicycle parking to the building must be clearly marked though the use of durable, low maintenance surface materials such as pavers, bricks, scored concrete or scored and painted asphalt.
41. Any spaces reserved for the use by persons with physical disabilities shall adhere to the standards outlined in TMC§1107.1700. One (1) van accessible space with an eight-foot (8’) drive aisle is required. Acceptable as depicted.
42. 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.
43. 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 the public right-of-way as stated in TMC§1361.10(b)(10) of the Building Code. Dumpster location(s) shall also be as far away from residential areas as possible. Acceptable as depicted.
44. 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 fifteen-foot (15’) buffer of landscaped frontage greenbelt is required along Alexis Road and Tremainsville Road. At least one tree must be provided for every thirty feet (30’) of lot frontage. The frontage greenbelt shall also include a solid evergreen hedge to screen parking in the front of the property and prevent headlights from being seen from the right-of-way. Not acceptable as depicted. A revised landscaping plan shall be submitted depicting an additional five (5) trees in the frontage greenbelt.
b. A Type A landscape buffer is required along the eastern property line where abutting the residentially zoned district. Applicant shall extend the required Type A buffer the full length of the site’s eastern edge to screen the single-family home to the east. Two (2) additional shrubs shall be added to a revised landscape plan to meet quantity requirements.
c. Two (2) canopy trees and six (6) shrubs are required to be installed in interior landscape areas for each ten (10) parking spaces within the parking lot. A total of
three (3) trees and ten (10) shrubs are required for this site. Not acceptable as depicted. Ten (10) additional shrubs shall be added a revised landscape plan to meet the quantity requirements for interior parking lot landscaping.
d. One 2-inch caliper tree for every 1,000 square feet of building coverage shall be required for interior site landscaping. Nine (9) trees are required for this site. Acceptable as depicted.
e. Foundation plantings shall be required along the portions of the building visible from the right-of-way. Not acceptable as depicted. Foundation plantings shall be added along the western and northern elevations, which are visible from the right-of-way).
f. Topsoil must be back filled to provide positive drainage of the landscape areas.
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. 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.
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 location, height and materials for any fencing to be installed and maintained.
k. Because the site is greater than ½ acre, 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.
l. A photometric plan shall be submitted to the Plan Director for review and approval. Lighting is to be directed away from adjacent residential properties and public rights of way.
45. Per TMC§1109.0204(A)(1) At least one main entrance of any commercial, mixed-use, or
institutional building shall face and open directly onto a 5-foot-wide connecting walkway to the street sidewalk without requiring pedestrians to walk around buildings or around parking lot outlines which are not aligned to a logical route. Acceptable as depicted.
46. Predominant exterior building materials shall be high-quality materials. For facades visible from the public right-of-way, predominant materials must comprise at least eighty percent (80%) of the total wall area of the façade. Acceptable as submitted.
a. Facing Tremainsville Road: 41% brick, 20% architectural metal, 19% glass, and 10% stone, and 10% metal trim.
b. Facing Alexis Road is 63% brick, 19% glass, 9% stone, and 5% metal trim.
47. The façade colors shall be low-reflectance, subtle, neutral or earth tone colors (i.e. gray, brown, and tan). Building trim and accent areas may feature brighter colors, including primary colors subject to the approval of the Planning Director. Acceptable as depicted.
48. Per TMC§1109.0205, transparent windows shall occupy at least forty percent (40%) of the area between two and ten feet at grade from the base of the primary elevation facing the right-of-way. Not acceptable as depicted. The proposed front elevation window coverage exceeds this area requirement; however, faux windows are proposed for a portion of the windows on the front façade. The applicant shall ensure that all windows along the front façade are transparent and not obstructed during business hours to meet the standards of this code section.
49. Canopy support columns must be brick or stone which is compatible with the principal building’s brick or stone. Canopies shall consist of that material for its entire length up to the canopy. Acceptable as depicted.
50. All proposed signage shall meet the requirements of TMC Chapter 1113 Signs. Applicant shall obtain appropriate permits for any proposed signage.
51. 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.
52. Approval of the Special Use Permit will lapse after one (1) year if the criteria listed in TMC§1111.0707 have not been met.
53. 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.
54. 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. Waiving Section 1106.0102 of the Toledo Municipal Code for the zoning maps attached to Part 11, Panning and Zoning, Toledo Municipal Code, for the property located at 3219 Tremainsville Road, in the City of Toledo, Lucas County, Ohio.
Chapter 1106 Intensity and Dimensional Standards
Sec. 1106.0102 Maximum Front Setback (CN) - The maximum front setback in CN (Neighborhood Commercial) zoning districts is thirty-five feet (35’) per TMC§1106.0102.
Approve waiver for setback greater than the maximum standard because applicant agreed to a lesser intense commercially zoned district.
SECTION 4. 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 5. 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