Label
SUP 1550 Miami St.
Solar Array
Zoning & Planning
Title
Granting a Special Use Permit for a Solar Array for the property located at 1550 Miami Street, in the City of Toledo, Lucas County, Ohio; subject to certain conditions and one waiver; and declaring an emergency.
Body
SUMMARY & BACKGROUND:
By application (SUP25-0014) filed with the City of Toledo Central Permit Center, a request for a Special Use Permit for a Solar Array for the property located at 1550 Miami Street, in the City of Toledo, Lucas County, Ohio; was submitted to the Toledo City Plan Commission for its review and recommendation.
On June 12, 2025, the Toledo City Plan Commission recommended approval for the request for granting a Special Use Permit for a Solar Array for the property located at 1550 Miami Street, in the City of Toledo, Lucas County, Ohio.
On July 16, 2025, the Toledo City Council Zoning and Planning Committee recommended approval for the request for granting a Special Use Permit for a Solar Array for the property located at 1550 Miami Street, 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 Solar Array for the property located at 1550 Miami Street, 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:
Legal Description of Lease Agreement #1: Being part of River Tract 86, of Town 3, United States Reserve of Twelve Miles Square at the Foot of the Rapids of the Miami of Lake Erie, in the City of Toledo, Lucas County, Ohio, bounded and described as follows:
Commencing at brass plate monument found on the centerline of Miami Street at centerline station 41+48.89 measured (41+48.82 deed, 41+48.60 plan), as shown on the Centerline Survey Plat, Ohio Department of Highways, State Route LUC.65-0.00 Miami Street, City of Toledo, Lucas County as recorded in Lucas County Plat Book 62 Page 12.
Thence North 16 degrees, 38 minutes, 54 seconds West, a distance of 30.00 feet to a point on the Northwesterly Right-of-way of Miami Street.
Thence North 73 degrees, 21 minutes, 06 seconds East, along the Northwesterly Right-of-way of Miami Street, a distance of 96.41 feet to the Southwesterly corner of a parcel of land as conveyed to the City of Toledo, as recorded in Lucas County Official Record 20120502-0020433.
Thence North 14 degrees, 34 minutes, 28 seconds West, along the Westerly line of a parcel of land as conveyed to the City of Toledo, a distance of 285.40 feet to a point of deflection of said Westerly line.
Thence North 10 degrees, 54 minutes, 36 seconds East, along the Westerly line of a parcel of land as conveyed to the City of Toledo, a distance of 359.13 feet to the True Point of Beginning.
Course 1: Thence North 66 degrees, 05 minutes, 38 seconds West, a distance of 70.20 feet to a point.
Course 2: Thence South 74 degrees, 42 minutes, 00 seconds West, a distance of 305.34 feet to a point.
Course 3: Thence North 15 degrees, 18 minutes, 00 seconds West, a distance of 96.06 feet to a point.
Course 4: Thence North 75 degrees, 26 minutes, 06 seconds East, a distance of 368.70 feet to a point.
Course 5: Thence South 64 degrees, 09 minutes, 13 seconds East, a distance of 53.77 feet to a point on the Westerly line of a parcel of land as conveyed to the City of Toledo.
Course 6: Thence South 10 degrees, 54 minutes, 36 seconds West, a distance of 111.90 feet to the True Point of Beginning.
Containing 38,471.38 square feet or 0.8832 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 Lewandowski Engineers between May and June 2023.
Pt. of Parcel 18-76514 is vested in the name of LOF Glass, Inc., as recorded in Lucas County Deed 86-160E03, commonly known as 1550 Miami Street.
Legal Description of Lease Agreement #2: Being part of River Tract 86, Town 3, United States Reserve of Twelve Miles Square at the Foot of the Rapids of the Miami of Lake Erie, in the City of Toledo, Lucas County, Ohio, bounded and described as follows:
Commencing at brass plate monument found on the centerline of Miami Street at centerline station 41+48.89 measured (41+48.82 deed, 41+48.60 plan), as shown on the Centerline Survey Plat, Ohio Department of Highways, State Route LUC.65-0.00 Miami Street, City of Toledo, Lucas County as recorded in Lucas County Plat Book 62 Page 12.
Thence North 16 degrees, 38 minutes, 54 seconds West, a distance of 30.00 feet to a point on the Northwesterly Right-of-way of Miami Street.
Thence North 73 degrees, 21 minutes, 06 seconds East, along the Northwesterly Right-of-way of Miami Street, a distance of 96.41 feet to the Southeasterly corner of a parcel of land as conveyed to LOF Glass, Inc., as recorded in Lucas County Deed 86-160E03.
Thence North 14 degrees, 34 minutes, 28 seconds West, along the Easterly line of a parcel of land as conveyed to LOF Glass, Inc., a distance of 285.40 feet to a point of deflection of said Easterly line.
Thence North 10 degrees, 54 minutes, 36 seconds East, along the Easterly line of a parcel of land as conveyed to LOF Glass, Inc., a distance of 359.13 feet to the True Point of Beginning.
Course 1: Thence continuing North 10 degrees, 54 minutes, 36 seconds East, along the Easterly line of a parcel of land as conveyed to LOF Glass, Inc., a distance of 111.90 feet to a point.
Course 2: Thence South 64 degrees, 09 minutes, 13 seconds East, a distance of 289.38 feet to a point.
Course 3: Thence South 10 degrees, 52 minutes, 10 seconds West, a distance of 101.86 feet to a point.
Course 4: Thence North 66 degrees, 05 minutes, 38 seconds West, a distance of 287.03 feet to the True Point of Beginning.
Containing 29,885.61 square feet or 0.6861 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 Lewandowski Engineers between May and June 2023.
Pt. of Parcel 18-76516 is vested in the name of the City of Toledo, as recorded in Lucas County Official Record 20120502-0020433, commonly known as 1550 Miami Street.
SECTION 2. That the approval of the granting of a Special Use Permit for a Solar Array for the property located at 1550 Miami Street, in the City of Toledo, Lucas County, Ohio. in the City of Toledo, Lucas County, Ohio, be subject to compliance with the twenty-five (25) conditions as follows:
The following twenty-five (25) 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. A SWP3 submittal is required for projects over 2,500 square feet of construction activity. The total disturbance of the project would not just be the footprint of the mounting structure 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 will need tallied, and if greater than an acre, an NOI will also be need to be submitted and authorized by OEPA. There is guidance documents on
managing Post Construction for Solar Fields: https://dam.assets.ohio.gov/image/upload/ epa.ohio.gov/Portals/35/storm/Guidance%20on <https://dam.assets.ohio.gov/image/upload/%20epa.ohio.gov/Portals/35/storm/Guidance%20on>%20Post-Construction%20Storm%20 Water%20Controls%20for%20Solar%20Panel%20Arrays.pdf.
2. 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.
Fire Prevention Bureau
3. Fire apparatus access into and through the facility shall comply with all requirements for angles of approach and departure, turning radius’s, and dead end turn arounds.
4. Fire apparatus access roads shall have an unobstructed width of not less than 20’ and an unobstructed vertical clearance of not less than 13’6”.
5. 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.
6. Key box(s) for access to buildings and areas restricted by fences, gates, etc…
Division of Environmental Services
7. 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)
8. Applicant shall maintain compliance with Ohio EPA’s General Storm Water NPDES permit programs.
9. Applicant is strongly encouraged to install permanent inlet filters with oil absorbent pillow in parking lot catch basins to treat stormwater.
10. 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.
11. 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>.
12. 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
13. The applicant shall maintain the solar energy facility and all appurtenances in good and working condition for the life of the facility.
14. 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.
15. The applicant shall consider enrolling in the First Solar recycling program to allow for the solar panels to be recycled during the decommissioning process and/or their end-of-life.
16. An executed lease agreement with NSG shall be submitted to the Plan Director.
17. An easement of access, for access to the proposed site through the ADM property to the east, shall be submitted to the Plan Director.
18. 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.
19. 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 Inspection as applicable per TMC§1110 Flood Damage Reduction Regulations.
20. 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. Landscaping, which may include a mix of evergreen trees, large shrubs or other plant material, shall be installed on the leased property between the proposed solar array and Miami Street and around the proposed equipment pad as approved by the Plan Director.
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 information provided.
e. The location, height and materials for any fencing to be installed and maintained. Any proposed fencing shall meet TMC§1105.0300 and a fence permit application shall be submitted and approved prior to installation.
f. Landscaped areas must be irrigated as necessary to maintain required plant materials in good and healthy condition per TMC§1108.0406.
g. The location, lighting, and size of any signs. Lights and light fixtures 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.
21. Any proposed signage for the site shall be meet the requirements of TMC§1113.0000. A sign permit application shall be submitted and approved for all signage.
22. 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.
23. 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.
24. 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.
25. 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 1550 Miami Street, 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. 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