Label
Special Use Permit
1950 S Reynolds Rd
Zoning & Planning Committee
Title
Granting a Special Use Permit, for a Gas Station for a site located at 1950 S. Reynolds Road, in the City of Toledo, Lucas County, Ohio; subject to certain conditions; and declaring an emergency.
Body
SUMMARY & BACKGROUND:
By application (SUP-5006-24) filed with the City of Toledo Central Permit Center, a request for a Special Use Permit for a Gas Station for a site located at 1950 S. Reynolds Road, in the City of Toledo, Lucas County, Ohio; was submitted to the Toledo City Plan Commission for its review and recommendation.
On July 11, 2024, the Toledo City Plan Commission recommended approval for the request for a Special Use Permit for a Gas Station for a site located at 1950 S. Reynolds Road, in the City of Toledo, Lucas County, Ohio.
On August 13, 2024 Toledo City Council, Planning and Zoning Committee reviewed, and sent as approved a request for a Special Use Permit for a Gas Station for a site located at 1950 S. Reynolds 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 Gas Station for a site located at 1950 S. Reynolds 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:
BEING LOT NUMBER ONE (1) IN HAWTHORNE HILLS AS THE SAME IS NUMBERED AND DELINEATED UPON THE RECORDED PLAT THEREOF, OF RECORD IN VOLUME 64 OF PLATS, PAGE 41, RECORDER'S OFFICE, LUCAS COUNTY, OHIO.
SECTION 2. That the approval of the Special Use Permit for a Gas Station for a site located at 1950 S. Reynolds Road, in the City of Toledo, Lucas County, Ohio shall be subject to compliance with the 53 conditions as follows:
The following fifty-three (53) conditions are 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. 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, 419-245-1347. The application can be obtained online at Toledo.oh.gov search: Right of Way opening permit.
Contact Taylor Heldman at (419) 245-1341 for inspection of above-mentioned items.
4. Water service is available from an 8-inch diameter water main on the east side of S. Reynolds Road or from an 8-inch diameter water main on the south side of Southwyck Boulevard. The 24-inch diameter water main on the west side of S. Reynolds Road is a water transmission main and is not available for domestic usage.
5. Refer to additional comments provided by the Division of Water Distribution regarding private water mains and/or service lines.
6. A review and approval of a full stormwater submittal is required, which requires multiple items:
a. Items are listed in the regional SWP3 submittal coversheet at <https://tmacog.org/water/stormwater/stormwater-pollution-prevention-plan-swp3>. A version for use in Toledo has been provided to the SWP3 designer for this proposal.
b. Plans according to the 2014 Infrastructure Requirements document found in the drop down menu on this page: <https://toledo.oh.gov/business/how-to-build-in-the-city/building-inspection-permits>.
7. Following the stormwater review, additional items are need for approval:
a. As listed on the regional SWP3 submittal coversheet (stage 2). The signed agreement (2.c.) will be through a covenant which will need to be recorded.
b. Fee and Toledo Licensed Sewer Contractor for the sewer construction permit.
c. Construction inspection and completion of obligations in the stormwater permit.
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. Sanitary sewer service for this development is available subject to the Rules and Regulations of the Department of Public Utilities.
10. 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.
11. 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.
12. All sanitary sewer manholes in the project area shall have solid lids installed on them.
Division of Water Distribution
13. The size and the length of the new water line shall be specified on the plan.
14. A backflow device is required.
Division of Sewer & Drainage Services
15. S&DS requires that all existing private sewer lines that are not being removed or properly abandoned (both storm & sanitary) be cleaned and inspected.
16. S&DS requires that the existing private sanitary lines (after they have been cleaned) that are not being removed or properly abandoned be televised from the building (or private cleanout) to where they connect with the public sewer system if this has not been done in the past (2) two years. An electronic copy (DVD/memory stick) shall be provided to S&DS demonstrating the lines cleaning and integrity.
Division of Environmental Services
17. 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.
18. 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.
19. Applicant shall maintain compliance with Ohio EPA’s General Storm Water NPDES permit programs.
20. Applicant is strongly encouraged to install permanent inlet filters with oil absorbent pillow in parking lot catch basins to treat stormwater.
21. 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.
22. 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>.
23. 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.
Fire Prevention Bureau
24. The proposed new building will require compliance with all applicable Building, Fire, Electrical, Mechanical and Plumbing code requirements. (OBC105.1 & 101.4)
25. New and existing buildings shall be provided with approved address identification that meets Building & Fire Code requirements. (OBC 501.2 & OFC 505.1)
26. 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)
27. 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
28. Fire Safety during construction / remodeling shall comply with the applicable requirements of the Building and Fire Codes. (OBC & OFC Chapter 33)
29. A fire safety inspection is required prior to occupancy. (OFC105.3.3.2)
Division of Transportation
30. Accessible parking signage is required to be shown and must comply with TMC§ 1107.1704.
31. Gas pumps must be moved 3’ to the east to allow room for a two-way drive aisle with the gas pump stacking per TMC§1107.1911.
32. Islands at the corners of the building sidewalk must be reduced to no more than 18’ off of sidewalk.
Plan Commission
33. Gas pumps and pump islands shall be located on the site per TMC§1104.0900. Acceptable as depicted.
34. Gas canopies shall be located on the site and designed per TMC§1104.0903(A). Acceptable as depicted.
35. Free air (with the capability of filling standard automobile tires), water, and restrooms shall be provided and maintained during operating hours of the station per TMC§1104.0903(D).
36. Should charging stations for electric vehicles be provided, they shall meet the requirements of TMC§1105.1300.
37. Off-street parking shall be provided per TMC§1107.0304 Schedule A for the proposed gas station and restaurant uses. A total of 40 parking spaces are required. The site plan depicts 48 parking spaces (38 marked spaces + 10 spaces at gas pumps). Acceptable as depicted.
38. Bicycle parking slots shall be provided per TMC§1107.0304 Schedule A for the proposed gas station and restaurant uses. Four (4) bicycle parking slots are required. The site plan depicts seven (7) bicycle parking slots. Acceptable as depicted.
39. Accessible off-street parking spaces shall be provided per TMC§1107.1700 - Number of Spaces. A minimum of one (1) car accessible space and one (1) van accessible space is required for the site. The site plan depicts two (2) van accessible spaces. Acceptable as depicted.
40. Sidewalks shall be provided along all public streets in commercial districts per TMC§1107.1303. Acceptable as depicted.
41. Clear pedestrian pathways shall be provided on the site. The site plan depicts tables along the east side of the building that obstruct pedestrian circulation and does not provide a clear pedestrian path. Not acceptable as depicted on site plan submitted. The area shall be redesigned to provide a clear pedestrian path and shown on a revised site plan.
42. Wheel stops or a six inch (6”) curb shall be provided whenever a parking lot extends to a property line, sidewalk, planting strip, or building per TMC§1107.1907. Bumper posts (bollards) or a six inch (6”) curb is provided. Acceptable as depicted.
43. 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 15 foot frontage greenbelt along Southwyck Boulevard and Reynolds Road per TMC§1108.0202. The greenbelt shall consist of eight (8) trees on both of the streets. The site plan depicts five (5) trees along Southwyck and eight (8) trees along Reynolds. Not acceptable as depicted on landscaping plan submitted. Three (3) additional trees shall be provided along Southwyck and depicted on a revised landscaping plan.
b. A Type “B” landscape buffer along the south and west property lines. A 10 foot wide buffer with 10 trees and 38 shrubs is required along the south property line and 11 trees and 38 shrubs along the east 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 evergreen shrub row shall per provided. Not acceptable as depicted on landscaping plan submitted. All shrubs shall be evergreen and noted on a revised landscaping plan.
e. Interior parking lot landscaping per TMC§1108.0204. Eight (8) canopy trees and 23 shrubs are to be provided. Four (4) trees and 25 shrubs are depicted on the landscape plan. Not acceptable as depicted on landscaping plan submitted. Four (4) additional canopy trees shall be provided and shown on a revised landscaping plan.
f. Interior site landscaping per TMC§1108.0205. Seven (7) trees, landscaping at major building entrances, and landscaping along all building sides is required. Not acceptable as depicted on landscaping plan submitted. The seven (7) required trees and foundation plantings along the west building façade and where they fit along the south building façade shall be provided and shown on a revised landscaping plan.
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.
44. At least one (1) main entrance of the building shall face and open directly onto a 5-foot-wide connecting walkway to the street sidewalk per TMC1109.0204(A). Acceptable as depicted.
45. Transparent windows shall be provided on the north and east building elevations per TMC1109.0205(C.3). Acceptable as depicted.
46. All building elevations shall meet building material and color standards per TMC§1109.0500 since they are visible from a right-of-way. Acceptable as depicted.
47. All building elevations shall meet the building design standards in TMC1109.0205. Not acceptable as depicted on the building elevations submitted. Revised building elevation shall be submitted to the Plan Director for review and approval. Revisions to include:
a. A well-defined building top for all elevations by using features such as distinct and multiple architectural roof forms, clearly pronounced eaves, and/or distinct parapet designs and cornice treatments.
b. Increased articulation or change in material of the proposed columns on the east elevation.
c. The south and west building elevations shall be redesigned to be consistent with the north and east elevations and to create a sense of human scale, not a single wall mass.
48. All proposed signage shall meet TMC§1113 - Signs. Not acceptable as depicted on sign plans submitted. A revised sign plan shall be submitted for review and approval.
49. Applicant shall obtain appropriate permits for any proposed signage.
50. 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.
51. Approval of the Special Use Permit will lapse after one (1) year if the criteria listed in TMC§1111.0707 have not been met.
52. 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.
53. 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 12, nays 0.
Passed: September 11, 2024, as an emergency measure: yeas 12, nays 0.
Attest:
Julie A. Gibbons Carrie Hartman
Clerk of Council President of Council
Approved: September 11, 2024
Wade Kapszukiewicz
Mayor