Label
SUP 3952 Jackman
Used Auto Sales
Zoning & Planning
Title
Granting a Special Use Permit for Used auto sales for the property located at 3952 Jackman Road, in the City of Toledo, Lucas County, Ohio, subject to certain conditions; and declaring an emergency.
Body
SUMMARY & BACKGROUND:
By application (SUP25-0026) filed with the City of Toledo Central Permit Center, a request for a Special Use Permit for Used auto sales for the property located at 3952 Jackman Road, in the City of Toledo, Lucas County, Ohio; was submitted to the Toledo City Plan Commission for its review and recommendation.
On September 11, 2025, the Toledo City Plan Commission recommended approval for the request for granting a Special Use Permit for Used auto sales for the property located at 3952 Jackman Road, in the City of Toledo, Lucas County, Ohio.
On October 15, 2025, the Toledo City Council Zoning and Planning Committee recommended disapproval for the request for granting a Special Use Permit for Used auto sales for the property located at 3952 Jackman Road, 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 Used auto sales for the property located at 3952 Jackman Road, 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:
FAYETTE LOT 1 2 & 3 EXC ST SUBJ TO LEGAL HWYS
SECTION 2. That the approval of the granting of a Special Use Permit for Used auto sales for the property located at 3952 Jackman Road, in the City of Toledo, Lucas County, Ohio. in the City of Toledo, Lucas County, Ohio, be subject to compliance with the thirty (30) conditions as follows:
The following thirty (30) 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. If there will be any proposed sidewalk, drive approaches, curb, and pedestrian curb ramps within the public right-of-way they shall be constructed in accordance with the City of Toledo Construction Standards, Specifications, Toledo Municipal Code, and Americans with Disabilities Act guidelines.
2. If there will be any proposed commercial drive approaches, (along with the sidewalk through the drive) they 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 Ted Rousos, 419-245-1347. The application can be obtained online at Toledo.oh.gov search: Right of Way opening permit.
Division of Environmental Services
4. 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.
5. Applicant shall maintain compliance with Ohio EPA’s General Storm Water NPDES permit programs.
6. Applicant is strongly encouraged to install permanent inlet filters with oil absorbent pillow in parking lot catch basins to treat stormwater.
7. 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.
8. 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.
9. 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
10. New and existing buildings shall be provided with approved address identification that meets Building & Fire Code requirements. NOTE: the current pole signs have the address number 1647 on top of them (W Sylvania Ave - the old business address), this does not appear to be a correct address number for this location based on the plan submitted and from the Lucas County Auditors AREIS web site. (OBC 501.2 & OFC 505.1)
Division of Transportation
11. Wheel stops are required at all property lines, plating strips and buildings per TMC§ 1107.1907.
12. All driveways, drove approaches, drive aisle and parking spots must be clearly dimensioned per TMC§1107.1911. (All parking must be clearly shown on drawings including the parking in the display/sales area.)
Plan Commission
13. No other primary use shall be permitted on the subject property.
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. Per TMC§1104.0308, all vehicles on display must be parked in striped parking spaces that shall be designated on the approved site plan. Vehicle parking that deviates from the approved site plan shall not be permitted. Not acceptable as depicted. A revised site plan shall be submitted that delineates the outdoor display area.
16. Elevated display 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 per TMC§1104.0302(A); if applicable.
17. Per TMC§1104.0302(B), display areas shall incorporate curbs and other substantial permanent barriers to prevent encroachment of vehicles into the required setback and landscaped areas. Not acceptable as depicted. A revised site plan shall be submitted that depicts the required curb or barrier.
18. Per TMC§1104.0301, 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 applies to the southern property line as there is an abutting RM36 zoning district. Acceptable as depicted on the submitted site plan.
19. Off-street parking shall be provided per TMC§1107.0300 for the proposed used auto sales lot. A total of five (5) parking spaces are required. The site plan depicts seven (7) parking spaces. Acceptable as depicted.
20. Accessible off-street parking spaces shall be provided per TMC§1107.1700. A minimum of one (1) van accessible space is required for the site. The site plan depicts one (1) van accessible spaces. Acceptable as depicted.
21. Per TMC§1107.1202(B), off-street parking facilities, including vehicular drives and maneuvering areas, are prohibited on the subject site within the ten feet (10’) landscape buffer along the southern property line, within fifteen feet (15’) of Sylvania Avenue right-of-way, and within twenty-five feet (25’) of the Jackman Road right-of-way. Not acceptable as depicted. The site plan shall be revised so that no parking facilities, including vehicular drives, maneuvering areas and outdoor vehicle display areas are located where noted.
22. 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. Acceptable as depicted.
23. Sidewalks shall be provided along all public streets in commercial districts per TMC§1107.1303. Acceptable as depicted.
24. Wheel stops shall be provided whenever a parking lot extends to a property line, sidewalk, planting strip, or building per TMC§1107.1907. Based on the submitted site plan, wheel stops are required for the five (5) customer/employee parking space along the southern property line. Not acceptable as depicted. Approved wheel stops shall be provided and depicted on a revised site plan for parking spaces as required.
25. A detailed site lighting, fencing and landscape 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’) frontage greenbelt is required along Sylvania Avenue with five (5) trees and a solid evergreen hedge per TMC§1108.0202. In addition, a twenty-five-foot (25’) frontage greenbelt is required along Jackman Road with six (6) trees and a solid evergreen hedge. Not acceptable as depicted. A revised landscape plan shall be submitted that depicts the required frontage greenbelt width and required trees. The species and/or cultivar of the trees to be planted in the frontage greenbelt shall not be “messy” in nature so that fruit, seeds, etc. do not drop on the adjacent public sidewalk, and the proposed shrubs shall be evergreen.
b. A Type “A” landscape buffer is required along the southern property line where the abutting property is zoned RM36 per TMC§1108.0203. A ten-foot (10’) wide buffer with six (6) trees, twenty (20) shrubs and a privacy fence is required. One (1) new tree, one (1) existing tree and three (3) shrubs are depicted on the site plan. The abutting property to the south has a privacy fence for a portion of the property line. Not acceptable as depicted. A revised landscape plan shall be submitted that depicts the required six (6) trees and twenty (20) shrubs and a privacy fence, where not currently provided.
c. A privacy fence shall be installed along the southern property line should the existing privacy fence ever be removed from the abutting property.
d. Dumpster screening is required per TMC§1108.0203(G). Acceptable as depicted.
e. Parking lot perimeter landscaping is required per TMC§1108.0204(B)(9) and must be installed along any parking lot area adjacent to a street, place, or driveway, or is visible from an immediately adjacent property. Not acceptable as depicted. Parking lot perimeter landscaping shall meet this requirement by complying with Condition 19a and 19b.
f. Interior landscaping for parking lots is required per TMC§1108.0204 at a rate of twenty (20) square feet per parking space. In addition, two (2) canopy trees and six (6) shrubs for each ten (10) parking spaces are required. The outdoor vehicle display area needs to be depicted on the site plan to determine the required interior parking lot landscaping. Not acceptable as depicted. A revised landscape plan shall be submitted that depicts the required interior landscaping per TMC§1108.0204 based on a revised site plan that delineates the outdoor vehicle display area.
g. Interior site landscaping is required per TMC§1108.0205. One (1) 2-inch caliper tree, landscaping at major building entrances, and foundation plantings are required. One (1) tree is depicted on the site plan. Not acceptable as depicted. A revised landscape plan shall be submitted that depicts the required foundations plantings and landscaping at major building entrances.
h. Topsoil must be back filled to provide positive drainage of the landscape area.
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. Not acceptable as depicted. The species and size of trees to be preserved shall be provided.
k. Landscaped areas must be irrigated as necessary to maintain required plant materials in good and healthy condition per TMC§1108.0406.
l. 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 Plan Director for review or approval.
m. The location, height and materials for any fencing to be installed and maintained. Not acceptable as depicted. A revised site plan shall be submitted depicting the location of all required fencing and fence details. This shall include a note that a new privacy fence shall be installed along the southern property line should the existing privacy fence ever be removed from the abutting property.
n. The location and direction of any proposed lighting. All site lighting shall be fully directed downward, recessed, or adequately shielded to direct light away from adjacent properties, rights of way, or the sky above the fixtures per TMC§1107.1908. The existing site lighting is not depicted on the site plan. Not acceptable as depicted. A revised site plan shall be submitted depicting the site lighting if it will continue to be used. All missing fixtures shall be replaced. If the lighting is not operable and/or is not intended to be used or fixtures not replaced, the lighting shall be removed from the site.
26. Per TMC§1113.0700, if a property on which a legally nonconforming sign is located undergoes a Plan Commission review, any nonconforming signage on the premises shall be brought into full compliance with the Sign Code as a part of the review and approval process. All existing pole signs shall be removed and any proposed signage shall meet the standards of TMC§1113 - Signs, and all appropriate permits obtained.
27. 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.
28. Approval of the Special Use Permit will lapse after one (1) year if the criteria listed in TMC§1111.0707 have not been met.
29. 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.
30. 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 _____, 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