Label
SUP Gasoline & Fuel Sales
5303 W. Bancroft
Zoning & Planning
Title
Granting a Special Use Permit for Gasoline and Fuel Sales for the property located at 5303 W. Bancroft Street, in the City of Toledo, Lucas County, Ohio; subject to certain conditions and two waivers; and declaring an emergency.
Body
SUMMARY & BACKGROUND:
By application (SUP26-0008) filed with the City of Toledo Central Permit Center, a request for a Special Use Permit for Gasoline and Fuel Sales for the property located at 5303 W. Bancroft Street, in the City of Toledo, Lucas County, Ohio; was submitted to the Toledo City Plan Commission for its review and recommendation.
On May 14, 2026, the Toledo City Plan Commission recommended approval for the request for granting a Special Use Permit for Gasoline and Fuel Sales for the property located at 5303 W. Bancroft Street, in the City of Toledo, Lucas County, Ohio.
On June 17, 2026, the Toledo City Council Zoning and Planning Committee recommended approval for the request for granting a Special Use Permit for Gasoline and Fuel Sales for the property located at 5303 W. Bancroft 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 Gasoline and Fuel Sales for the property located at 5303 W. Bancroft Street, 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:
The North One Hundred Forty (140) feet of Lots Numbers Forty-Three (43) and Forty Four (44) and the North One Hundred Forty (140) feet of the East One (1) foot of Lot Number One (1) in Gutchess Place, a Subdivision formerly in Adams Township, now in the City of Toledo, Lucas County, Ohio, in accordance with Volume 46 of Plats, page 45.
Parcel No. 20-24847
SECTION 2. That the approval of the granting of a Special Use Permit for Gasoline and Fuel Sales for the property located at 5303 W. Bancroft Street, in the City of Toledo, Lucas County, Ohio, be subject to compliance with the forty-six (46) conditions as follows:
The following forty-six (46) 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 are 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 are 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 419-245-1347 or steve.kessinger@toledo.oh.gov. The application can be obtained online at Toledo.oh.gov search: Right of Way opening permit.
4. Contact (419) 936-2697 or dusty.may@toledo.oh.gov for inspection of the above-mentioned items. Do not contact John Williams like the Right of Way Permit says.
5. Storm drainage by way of sheet flow across property lines is an existing nonconformance of 1107.1906.A which requires a site to have internal drainage. No objection by Engineering, with deferral to Planning.
6. No further stormwater design or review is required due to the amount of proposed earthwork being under 2,500 square feet. Although, if the proposed earth disturbed area increases to 2,500 sf or more or if Plan Commission requires nonconformances to be updated to their current codes, then further review and compliance with current stormwater management standards shall be required.
Division of Environmental Services
7. Applicant shall maintain compliance with the City of Toledo’s Stormwater 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.
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
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.
Fire Prevention Bureau
13. It appears this building will undergo a change in level of activity. This will require compliance with all applicable Building, Fire, Electrical, Mechanical, and Plumbing code requirements. (OBC 105.1 & 101.4)
14. A Certificate of Occupancy is required to be obtained. A responsible person shall maintain a copy of the current certificate of occupancy for a structure regulated by the building code and make it available to the fire code official upon request. (OFC 102.3.2)
15. New and existing buildings shall be provided with approved address identification that meets Building & Fire Code requirements. (OBC 501.2 & OFC 505.1)
16. All permits for UST systems for this fueling station to be submitted to the State of Ohio Fire Marshal’s Office BUSTR (Bureau of Underground Storage Tank Registration) ORC 1301:7-9-10 Permits for UST systems.
Division of Transportation
17. Sidewalk is required to continue through drive approaches on Reynolds Road and Bancroft Street and must connect with each other per TMC§1107.1300, City of Toledo Complete Streets Policy Ordinance 391-23 and City of Toledo sidewalk construction standards.
18. A sidewalk/pedestrian parking lot crossing is required from Reynolds Road sidewalk to the building per TMC§1107.1602.
19. A van accessible parking space with a minimum of an eight (8) foot wide loading aisle is required per TMC§1107.1701 & 1107.1702. (A five (5) foot loading aisle is not compliant for van accessible parking.)
20. Accessible parking signage must be posted directly in front of the parking space at a height of no less than 60 inches and no more than 72 inches above pavement level per TMC§1107.1704.
21. Vehicle stacking is required to be shown at each gas pump per TMC§1107.1601.
22. A 25’ drive aisle is required between vehicle stacking and the building sidewalk for a two-way drive aisle per TMC§1107.1911.
23. All parking lots, maneuvering areas, drive aisle and driveways must be surfaced with concrete, asphalt or other dust-free material other than gravel or loose fill per TMC§1107.1906. (The gravel at the southwest portion of the property is not permitted.)
24. The driveway in the rear of the building is being closed off by parking and will require the driveway to be removed and new grass to be installed.
25. If one does not already exist, a cross access agreement is required with the property owners to the south and west.
26. The drives on Bancroft Street and Reynolds Road closest to the intersection must be removed. New grass and curb will need to be installed to match adjacent areas.
Plan Commission
27. Should charging stations for electric vehicles be provided, they shall meet the requirements of TMC§1105.1300.
28. The maximum number of parking spaces permitted (10) are provided. This is acceptable; however, the stacking spaces at the gas pumps are not shown on the site plan and the proposed parking layout does not meet parking location and design standards. The site plan shall be revised to meet the requirements of TMC§1107.
29. Two (2) bicycle parking slots are required. A bike rack is depicted on the plan; however, it is located on the sidewalk to the north of the building. The site plan shall be revised, relocating the bike rack to a location that will not interfere with pedestrian travel.
30. One (1) van accessible space is required and should be the parking space closest to the building entrance. One (1) auto accessible space is provided, and it is not the closest parking space to the entrance. The site plan shall be revised to include a van accessible parking space nearest to the building entrance with required ADA signage.
31. Sidewalks shall be provided where the Division of Transportation is requiring closure of access drives in Condition 20, to provide a continuous sidewalk along Bancroft Street and Reynolds Road.
32. Any damaged guardrail along the south and west property lines shall be repaired, removed, and or replaced with an acceptable replacement. The damaged guardrail located in the interior of the site and once used as wheel stop for parking shall be removed.
33. A detailed landscape plan including site lighting and fencing (separate from building & site plans) shall be submitted to the Plan Director for review and approval. Such plan shall include:
a. To bring the site closer into compliance, a frontage greenbelt along Bancroft Street and Reynolds Road shall be provided that is as wide as possible where the access drives are to be removed per Condition 20. A combination of trees and a continuous evergreen hedge shall be provided in these areas and the existing grass areas along the streets. Five (5) trees along Bancroft Street and four (4) trees along Reynolds Road are required in addition to the continuous evergreen hedge.
b. Dumpster screening is required per TMC§1108.0203(G). A six-foot (6’) high fence with gates is noted on the site plan; however, the fence material and color are not provided. The site plan or landscape plan shall be revised to include this information.
c. Interior parking lot landscaping is required per TMC§1108.0204 based on the final approved parking layout.
d. Interior site landscaping is required per TMC§1108.0205. To bring the site closer into compliance, the southwest corner of the site with the abandoned drive to the rear or the building and a grass/stone area shall be cleared of all stone and hard surfaces and seeded as a lawn. Two 2-inch caliper trees shall also be planted in this area.
e. Topsoil must be back filled to provide positive drainage of the landscape area.
f. 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.
g. 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 preserved.
h. Landscaped areas must be irrigated as necessary to maintain required plant materials in good and healthy condition per TMC§1108.0406.
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 Plan Director for review or approval.
j. The location, height and materials for any fencing to be installed and maintained.
k. 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.
34. At least one (1) main entrance of the building shall face and open directly onto a 5-foot (5’) wide connecting walkway to the street sidewalk per TMC1109.0204(A). A connecting walkway from Reynolds Road to the building entrance shall be provided.
35. Transparent windows shall occupy forty percent (40%) of the east and twenty percent (20%) of the north building elevations per TMC1109.0205(C.3). The required transparent windows are depicted on the building elevations.
36. All building facades must consist of at least eighty percent (80%) of predominant building materials and no more than twenty percent (20%) of accent materials per TMC§1109.0500 since they are all visible from a right-of-way.
a. The east façade will consist of ninety-three percent (93%) predominant building materials including brick, cast stone and glass. The remaining seven percent (7%) building material is not identified on the plans. This building material shall be noted on the elevation plans and shall be a permitted building material.
b. The north façade will consist of fifty-four percent (54%) of predominant building materials including cast stone and glass. The remaining forty-six percent (46%) is noted as wood grain metal siding. This material does not appear to meet material standards. Additional information shall be submitted to determine compliance, or another acceptable building material used.
c. West and south facades will remain unfinished concrete masonry units (CMU) with the exception of covering an existing overhead door on the west building elevation that will no longer be used. While unfinished CMU are not a permitted building material, they may remain since the building facades will not be significantly altered. The overhead door shall be covered with an acceptable building material.
37. All building facades shall meet building color standards per TMC§1109.0500. Proposed colors for all building materials shall be noted on revised building elevations.
38. The existing nonconforming pole sign is considered unlawful as the site the sign advertises has been vacant and unoccupied for more than six (6) months. The sign shall be removed or improved to meet current sign standards.
39. All proposed signage shall meet the standards of TMC§1113 - Signs, and all applicable permits shall be secured.
40. Hours of operation may be limited to 5:30 a.m. to 1:00 a.m., or other hours consistent with a liquor permit issued by the State of Ohio, to reduce detriment to the area. The applicant is proposing the hours of operation from 6:00 a.m. to 10:00 p.m., Sunday through Saturday.
41. Gas canopies shall be consistent with principal building materials and colors and the support columns shall be brick, brick base or other durable material also compatible with the principal building per TMC§1104.0903(A). The gas canopies have been painted over to cover previous gas station branding and the support columns are not consistent with the principal building. Details of the gas canopies shall be submitted that illustrate compliance with these standards.
42. Free air shall be provided and maintained during operating hours of the station per TMC§1104.0903(D).
43. 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.
44. Approval of the Special Use Permit will lapse after one (1) year if the criteria listed in TMC§1111.0707 have not been met.
45. 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.
46. 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