Label
Special Use Permit 1405 Bernath Pkwy.
Zoning & Planning Committee (rec. disapproval)
12/10/2024
Title
Granting a Special Use Permit, for a new gas station for a site located at 1405 Bernath Parkway, in the City of Toledo, Lucas County, Ohio; subject to certain conditions; and declaring an emergency.
Body
SUMMARY & BACKGROUND:
By application (SUP-2004-24) 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 1405 Bernath Parkway, 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 a new gas station for a site located at 1405 Bernath Parkway, in the City of Toledo, Lucas County, Ohio.
On December 10, 2024 Toledo City Council, Planning and Zoning Committee reviewed, and sent as disapproved a request for a Special Use Permit for a new gas station for a site located at 1405 Bernath Parkway, 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 1405 Bernath Parkway, 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 MUER'S ADDITION PLAT I as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 80, Page 19 <https://online2.stewart.com/DownloadDocument.aspx?DocumentID=219663819>, Recorder's Office, Lucas County, Ohio; excepting therefrom the westerly 1 inch thereof.
SECTION 2. That the approval of the Special Use Permit for a community center for a site located at 1339 S. Byrne Road, in the City of Toledo, Lucas County, Ohio shall be subject to compliance with the fifty-six (56) conditions and one waiver as follows:
The following fifty-six (56) conditions are listed by agency of origin. Applicants are encouraged to contact each of the agencies to address compliance with their conditions.
The Toledo City Plan Commission further recommends approval of SUP-2004-24, a Special Use Permit for a new gas station at 1405 Bernath Pkwy, to the Toledo City Council, subject to the following fifty-six (56) 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.
Contact (419)-245-1341 for inspection of above-mentioned items.
4. If relocation of the existing fire hydrant on Airport Highway cannot be avoided, it will be relocated by the City of Toledo Division of Water Distribution at the developer’s expense.
5. Refer to 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: <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 Toledo’s 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 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 this site, the sanitary services to such structure will be killed by the City of Toledo at the developers cost.
12. Any prior 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
13. Water service is available subject to the Rules and Regulations of the Department of Public Utilities.
14. Plans must be submitted to Fire Prevention (419.936.2008) for review and approval.
15. The water meter setting detail, including meter bypass (if applicable) and backflow preventer, shall be submitted to the City of Toledo Backflow Prevention Coordinator, 401 S Erie Street, Toledo, OH 43604 for review and approval. Approval of site utility plan is contingent on approval of meter setting and backflow preventer.
16. All commercial properties are required to have approved backflow protection devices installed on the domestic water service and fire protection lines. Installation of the devices must be verified by the Division of Water Distribution and all devices must be registered with BSIonlinetracking.com @ (800) 414-4990. Contact the Division of Water Distribution (419-392-2032) to verify the backflow prevention requirements for the site.
17. Existing water service lines to structures removed from the site will be abandoned by the City of Toledo at the developer’s expense.
18. Submit detailed site utility plans showing water feature sizes and distances:
a. Maintain 18” vertical clearance between proposed water main and proposed storm sewers.
b. Include callouts for any new taps by the City of Toledo at owner’s expense. City will provide tap, 5 feet of type “K” copper, curb stop and curb box. Excavation, shoring, backfill and restoration by contractor.
c. Include callouts for any tees to be installed by contractor.
d. City Hydrant must be relocated. Show distance for hydrant location.
Division of Sewer & Drainage Services
19. S&DS requires that all existing private sewer lines that are not being removed or properly abandoned (both storm & sanitary) be cleaned and inspected.
20. 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
21. 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.
22. 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.
23. Applicant shall maintain compliance with Ohio EPA’s General Storm Water NPDES permit programs.
24. Applicant is strongly encouraged to include multiple green infra-structure measures to minimize runoff and increase infiltration, and to minimize amount of new and/or additional impervious surface on site.
25. 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/%20discover-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>
26. 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
27. The proposed new building will require compliance with all applicable Building, Fire, Electrical, Mechanical and Plumbing code requirements. (OBC105.1 & 101.4)
28. 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.
29. New and existing buildings shall be provided with approved address identification that meets Building & Fire Code requirements. (OBC 501.2 & OFC 505.1)
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. A fire safety inspection is required prior to occupancy. (OFC105.3.3.2)
Division of Transportation
32. Accessible parking signage must be posted directly in front of the parking spaces at a height of no less than 60” and no more than 72” above pavement level per TMC 1107.1704.
33. Driveway approach on Bernath Parkway must allow traffic access from both directions on Bernath Parkway. (A left in and right our drive is not recommended.)
34. Need to work with Traffic Management and Engineering & Construction on Airport Hwy improvement details.
Plan Commission
35. Free air (with the capability of filling standard automobile tires), water, and restrooms shall be provided and maintained during operating hours.
36. The applicant shall obtain a Board of Zoning Appeals (BZA) variance to set the building back one-hundred-sixty-seven feet (167’) from Airport Highway - one-hundred-thirty-two feet (132’) further than required by TMC§1106.0102.
37. The applicant shall either move the building to be set back no more than thirty-five feet (35’) from Bernath Parkway or obtain a Board of Zoning Appeals (BZA) variance to set the building back one-hundred-twenty feet (120’) from Bernath Parkway - eighty-five feet (85’) further than required by TMC§1106.0102. If the applicant opts to move the building, approval of a revised site plan shall be upon the discretion of the Plan Director so long as all other conditions set forth are complied with.
38. Off-street parking shall be provided pursuant to Off-Street Parking Schedule “A,” (TMC§1107.0304). A total of thirty-eight (38) parking spaces are required for this site. The submitted site plan shows fifty-six (56) parking spaces. The site may not provide more than fifty-seven (57) parking spaces (150% of minimum). Acceptable as depicted.
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. Six (6) bicycle parking spaces are 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 and one (1) car accessible space with five-foot (5') drive aisles are required. Acceptable as depicted.
42. The applicant shall obtain a Board of Zoning Appeals (BZA) variance to set the parking lot back eight feet (8’) less than required by TMC§1107.1202(B)(2).
43. Existing sidewalk along Bernath Parkway shall be removed and replaced. Acceptable as depicted.
44. 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.
45. 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.
46. 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 Bernath Parkway and Airport Highway. 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 a solid evergreen hedge along Bernath Parkway without gaps. The number and placement of trees is acceptable as depicted.
b. A Type A landscape buffer is required along the southern property line. With a solid fence, sixteen (16) trees and sixty (60) shrubs are required. Acceptable as depicted.
c. A perimeter landscape buffer is required along the eastern property line. Eight (8) canopy trees and a continuous shrub are required. Acceptable as depicted.
d. 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 twelve (12) trees and thirty-six (36) shrubs are required for this site. Not acceptable as depicted. Only eleven (11) trees provided. See condition 45(f).
e. One 2-inch caliper tree for every 1,000 square feet of building coverage shall be required. Seven (7) trees are required for this site. Not acceptable as depicted. Only five (5) trees provided. See condition 45(f).
f. The interior site landscaping is missing three (3) required trees. These additionally required trees may be placed anywhere on the site. Approval of a final landscaping plan will be upon the discretion of the Planning Director.
g. Foundation plantings shall be required along the portions of the building visible from the right-of-way. Acceptable as depicted.
h. Topsoil must be back filled to provide positive drainage of the landscape areas.
i. 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.
j. 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.
k. 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.
l. The location, height and materials for any fencing to be installed and maintained.
m. 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.
n. 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.
47. 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.
48. 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. Breakdown of submitted materials are as follows, names are based on what is shown on elevation sheets:
a. Facing Bernath Parkway: 39% brick, 28% stone, 24% glass, and 8% architectural metal.
b. Facing Airport Highway: 38% brick, 21% stone, 31% glass, and 9% architectural metal.
c. Western Façade: 78% brick, 19% stone, 2% glass, and 1% architectural metal.
d. Southern Façade: 62% brick, 26% stone, 9% glass, and 3% architectural metal.
49. 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.
50. 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.
51. All internal pedestrian walkways that cross parking aisles or driveways shall be distinguished from driving surfaces through the use of durable, low-maintenance surface materials such as pavers, bricks, scored concrete or scored and painted asphalt to enhance pedestrian safety and comfort. Raised walkways may be installed if elevated 6 inches with tapered side slopes and meet ADA standards.
52. All proposed signage shall meet the requirements of TMC Chapter 1113 Signs. Applicant shall obtain appropriate permits for any proposed signage. The proposed ground sign is not acceptable as depicted.
53. 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.
54. Approval of the Special Use Permit will lapse after one (1) year if the criteria listed in TMC§1111.0707 have not been met.
55. 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.
56. 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 1107.1203 of the Toledo Municipal Code for the zoning maps attached to Part 11, Planning and Zoning, Toledo Municipal Code, for the property located at 1405 Bernath Parkway, in the City of Toledo, Lucas County, Ohio.
Chapter 1107 - Parking, Loading and Access
1107.1203 - Street Access
A. Ingress and egress to a parking lot in a Commercial or Industrial Zoning District must be from a major street or from a street located in a Commercial or Industrial District with Commercial or Industrial zoning on the opposite side of the street.
Approve of a waiver to allow an access drive along Bernath Parkway. The proposed site currently has two (2) non-conforming access points opposite residential across the street. The proposed waiver / access point will decrease this non-conformity. There are also no other appropriate access points to the site. Only a right-in right-out drive is permitted off Airport Highway.
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