Label
SUP Gasoline & Fuel Sales
5305 and 5321 Monroe Street
And 4700 Nantuckett
Zoning & Planning
Title
Granting a Special Use Permit for Gasoline and Fuel Sales for the property located at 5305 and 5321 Monroe Street and 4700 Nantuckett Drive, in the City of Toledo, Lucas County, Ohio; subject to certain conditions; and declaring an emergency.
Body
SUMMARY & BACKGROUND:
By application (SUP25-0036) 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 5305 and 5321 Monroe Street and 4700 Nantuckett Drive, 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 made no recommendation for the request for granting a Special Use Permit for Gasoline and Fuel Sales for the property located at 5305 and 5321 Monroe Street and 4700 Nantuckett Drive, 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 5305 and 5321 Monroe Street and 4700 Nantuckett Drive, 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 5305 and 5321 Monroe Street and 4700 Nantuckett Drive, 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:
PARCEL I (2443769):
THAT PART OF LOT NUMBER 24 WESTCHESTER VILLAGE PLAT TWO, CITY OF TOLEDO, LUCAS COUNTY, OHIO, SAME BEING RECORDED IN PLAT 65-2, BOUNDED AND DESCRIBED AS FOLLOWS:
COMMENCING AT THAT ANGLE POINT IN THE NORTHEASTERLY LINE OF SAID LOT NUMBER 24 WHICH LIES JUST EAST OF THE EASTERLY RIGHT-OF-WAY LINE OF NANTUCKET DRIVE; THENCE SOUTHEASTERLY 150.00 FEET, ON SAID NORTHEASTERLY LINE OF LOT NUMBER 24, TO THE POINT OF BEGINNING OF THE LAND DESCRIBED HEREIN; THENCE SOUTHWARD 192.00 FEET IN A STRAIGHT LINE TO A POINT THAT IS ALSO A STRAIGHT LINE DISTANCE OF 168.00 FEET EASTWARD FROM A POINT ON SAID EASTERLY RIGHT-OF-WAY LINE OF NANTUCKET DRIVE WHICH IS 170.00 FEET SOUTHWARD, THEREON, FROM THAT ANGLE POINT, THEREIN, LYING JUST SOUTHERLY OF SAID NORTHEASTERLY LINE OF LOT NUMBER 24; THENCE SOUTHEASTWARD 188.42 FEET, ON THE SOUTHEASTERLY EXTENSION OF SAID LINE THAT IS 168.00 FEET LONG, TO INTERSECT A LINE THAT IS PARALLEL TO AND A PERPENDICULAR DISTANCE OF 50.00 FEET WESTWARD FROM THE EAST LINE OF SAID LOT NUMBER 24; THENCE NORTHWARD 209.98 FEET, PARALLEL TO SAID EAST LINE OF LOT NUMBER 24, TO SAID NORTHEASTERLY LINE OF LOT NUMBER 24; THENCE NORTHWESTWARD 134.94 FEET, ON SAID NORTHEASTERLY LINE OF LOT NUMBER 24, TO THE POINT OF BEGINNING, CONTAINING 0.69 ACRES OF LAND, MORE OR LESS. SUBJECT TO LEGAL HIGHWAYS.
PARCEL II (2443774):
THE LAND REFERRED TO IN THIS POLICY IS SITUATED IN THE CITY OF TOLEDO, COUNTY OF LUCAS, STATE OF OHIO, AND IS DESCRIBED AS FOLLOWS:
THAT PART OF LOT 24 IN WESTCHESTER VILLAGE, PLAT TWO, IN CITY OF TOLEDO, LUCAS COUNTY, OHIO, WHICH IS BOUNDED AND DESCRIBED AS FOLLOWS:
COMMENCING AT A CONCRETE MONUMENT AT THE NORTHEAST CORNER OF LOT 24; THENCE NORTH 64°-13'-00" WEST ALONG THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF MONROE STREET, A DISTANCE OF 191.57 FEET TO AN IRON PIPE AND THE POINT OF BEGINNING;
THENCE SOUTH 12°-11'-35" WEST, A DISTANCE OF 192.0 FEET TO AN IRON PIPE;
THENCE NORTH 64°-35'-23" WEST, A DISTANCE OF 168.0 FEET TO AN IRON PIPE ON THE EASTERLY RIGHT-OF-WAY LINE OF NANTUCKET DRIVE;
THENCE NORTHERLY ALONG THE SAID EASTERLY RIGHT-OF-WAY LINE OF NANTUCKET DRIVE AND ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 330.0 FEET FOR AN ARC DISTANCE OF 52.64 FEET, SAID ARC SUBTENDING A CENTRAL ANGLE OF 09°-08'-22";
THENCE NORTH 11°-30'-00" EAST AND CONTINUING ALONG THE SAID EASTERLY RIGHT-OF-WAY LINE OF NANTUCKET DRIVE, A DISTANCE OF 117.36 FEET TO AN IRON PIPE;
THENCE NORTH 63°-38'-30" EAST AND CONTINUING ALONG THE SAID RIGHT-OF-WAY LINE OF NANTUCKET DRIVE, A DISTANCE OF 30.69 FEET TO AN IRON PIPE ON THE SAID SOUTHWESTERLY RIGHT-OF-WAY LINE OF MONROE STREET;
THENCE SOUTH 64°-31'-00" EAST ALONG THE SAID SOUTHWESTERLY RIGHT-OF-WAY LINE OF MONROE STREET, A DISTANCE OF 150.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 0.74 ACRES OF LAND, MORE OR LESS.
PARCEL III (2443771):
THAT PART OF LOT NUMBER TWENTY-FOUR (24) IN WESTCHESTER VILLAGE, PLAT TWO, CITY OF TOLEDO, LUCAS COUNTY, SAME BEING RECORDED IN PLAT 65-2, OHIO, BOUNDED AND DESCRIBED AS FOLLOWS:
COMMENCING AT THAT ANGLE POINT IN THE NORTHEASTERLY LINE OF SAID LOT NUMBER TWENTY-FOUR (24) WHICH LIES JUST EASTERLY OF THE EASTERLY RIGHT-OF-WAY LINE OF NANTUCKET DRIVE; THEN SOUTHEASTERLY ONE HUNDRED AND FIFTY AND ZERO HUNDREDTHS (150.00) FEET, ON SAID NORTHEASTERLY LINE OF LOT TWENTY-FOUR (24); THENCE SOUTHWARD ONE HUNDRED NINETY-TWO AND ZERO HUNDREDTHS (192.00) FEET, IN A STRAIGHT LINE TO A POINT WHICH IS ALSO A STRAIGHT LINE DISTANCE OF ONE HUNDRED SIXTY-EIGHT AND ZERO HUNDREDTHS (168.00) FEET EASTWARD FROM A POINT ON SAID EASTERLY RIGHT-OF-WAY LINE OF NANTUCKET DRIVE WHICH IS ONE HUNDRED SEVENTY AND ZERO HUNDREDTHS (170.00) FEET SOUTHWARD, THEREON, FROM THAT ANGLE POINT, THEREIN, LYING JUST SOUTHERLY OF SAID NORTHEASTERLY LINE OF LOT TWENTY-FOUR (24); THEN SOUTHEASTWARD NINETY-TWO AND FOURTEEN HUNDREDTHS (92.14) FEET, ON THE SOUTHEASTERLY EXTENSION OF SAID LINE THAT IS ONE HUNDRED SIXTY-EIGHT AND ZERO HUNDREDTHS (168.00) FEET LONG, TO THE POINT OF BEGINNING OF THE PARCEL BEING DESCRIBED HEREIN; THEN CONTINUING SOUTHEASTWARD, ON SAID SOUTHEASTERLY EXTENSION OF THE LINE THAT IS ONE HUNDRED SIXTY-EIGHT AND ZERO HUNDREDTHS (168.00) FEET LONG, TO INTERSECT A LINE THAT IS PARALLEL TO AND PERPENDICULAR DISTANCE OF FIFTY AND ZERO HUNDREDTHS (50.00) FEET WESTWARD FROM THE EAST LINE OF SAID LOT TWENTY-FOUR (24); THEN NORTHWARD TWO HUNDRED NINE AND NINETY-EIGHT HUNDREDTHS (209.98) FEET PARALLEL TO SAID EAST LINE OF LOT TWENTY-FOUR (24), TO SAID NORTHEASTERLY LINE OF LOT TWENTY-FOUR (24) THEN SOUTHEASTWARD FIFTY-SIX AND SIXTY-THREE HUNDREDTHS (56.63) FEET ON SAID NORTHEASTERLY LINE OF LOT TWENTY-FOUR (24) TO SAID EAST LINE OF LOT TWENTY-FOUR (24); THENCE SOUTHWARD FOUR HUNDRED EIGHTY-NINE AND FIFTY-SIX HUNDREDTHS (489.56) FEET, ON SAID EAST LINE OF LOT TWENTY-FOUR (24); THENCE NORTHWARD TWO HUNDRED EIGHTY-TWO AND FIFTY-SEVEN HUNDREDTHS (282.57) FEET, PARALLEL TO THE SOUTHWESTERLY LINE OF SAID LOT TWENTY-FOUR (24); THEN NORTHEASTWARD TWO HUNDRED FORTY-SIX AND TWENTY-THREE HUNDREDTHS (246.23) FEET PERPENDICULAR TO THE FIRST PARCEL COURSE DESCRIBED, TO THE POINT OF BEGINNING.
PARCEL IV (2443766):
THAT PART OF LOT NUMBER TWENTY-FOUR (24), WESTCHESTER VILLAGE PLAT TWO, CITY OF TOLEDO, LUCAS COUNTY, OHIO, IN ACCORDANCE WITH VOLUME 65 OF PLATS, PAGE 2, BOUNDED AND DESCRIBED AS FOLLOWS:
COMMENCING AT THAT ANGLE POINT IN THE NORTHEASTERLY LINE OF SAID LOT NUMBER TWENTY-FOUR (24), WHICH LIES JUST EASTERLY OF THE EASTERLY RIGHT-OF-WAY LINE OF NANTUCKETT DRIVE;
THENCE SOUTHEASTERLY 150 FEET ON SAID NORTHEASTERLY LINE OF LOT NUMBER TWENTY-FOUR (24);
THEN SOUTHWARD 192 FEET IN A STRAIGHT LINE, TO A POINT WHICH IS ALSO A STRAIGHT LINE DISTANCE OF 168 FEET EASTWARD FROM A POINT ON SAID EASTERLY RIGHT-OF-WAY LINE OF NANTUCKETT DRIVE, WHICH IS 170 FEET SOUTHWARD, THEREON, FROM THAT ANGLE POINT, THEREIN, LYING JUST SOUTHERLY OF SAID NORTHEASTERLY LINE OF LOT NUMBER TWENTY-FOUR (24);
THENCE SOUTHEASTWARD 92.14 FEET, ON THE SOUTHEASTERLY EXTENSION OF SAID LINE THAT IS 168 FEET LONG, TO THE POINT OF BEGINNING OF THE PARCEL BEING DESCRIBED HEREIN;
THENCE SOUTHWESTWARD 246.23 FEET, PERPENDICULAR TO THE LAST DESCRIBED LINE;
THEN NORTHWESTWARD 66.75 FEET, PARALLEL TO THE SOUTHWESTERLY LINE OF SAID LOT NUMBER TWENTY-FOUR (24), TO SAID EASTERLY RIGHT-OF-WAY LINE OF NANTUCKETT DRIVE;
THEN NORTHWARD 314.50 FEET, ON SAID EASTERLY RIGHT-OF-WAY LINE OF NANTUCKETT DRIVE, TO SAID POINT THAT IS 170 FEET, SOUTHWARD THEREON, FROM THAT ANGLE POINT, THEREIN, LYING JUST SOUTHERLY OF THE NORTHEASTERLY LINE OF LOT NUMBER TWENTY- FOUR (24);
THEN SOUTHEASTWARD 260.14 FEET, IN A STRAIGHT LINE, TO THE POINT OF BEGINNING.
SECTION 2. That the approval of the granting of a Special Use Permit for Gasoline and Fuel Sales for the property located at 5305 and 5321 Monroe Street and 4700 Nantuckett Drive, 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:
Engineering and Construction Management
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 proposed 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 Steve Kessinger at (419) 245-1347 or steve.kessinger@toledo.oh.gov. <mailto:steve.kessinger@toledo.oh.gov> The application can be obtained online at Toledo.oh.gov search: Right of Way opening permit.
4. The City of Toledo public water system does not appear to be impacted by this project. Refer to comments provided by the Division of Water Distribution regarding private water mains and/or service lines.
5. The stormwater proposal is acceptable for site planning, but the dry detention basin design will need confirmed during engineering plan review and possibly enlarged to provide for the required water quality volume, flood control, and restricted discharge rate. The footprint and geometrics need to also address the design guidance (Chapter 2.7 of the Ohio Rainwater Manual) including but not limited to side slopes, flow length, sediment storage, and wet forebay or alternative pretreatment.
6. A full submittal for stormwater requires submittal of the regional SWP3 submittal coversheet as provided to applicant, and its items 1.a. - I .g. Following the stormwater review, comment and revisions, additional items needed to receive a stormwater construction permit are listed on the SWP3 submittal cover sheet, items 2a. - 2.c., as well as the sewer fee for plan review and field inspection.
7. If parcel consolidation is unfinished as of the stormwater engineering approval, the standard timeline for finalizing the stormwater operation & maintenance covenant will be automatically extended, and the stormwater engineering approval will be granted with a condition that the covenant shall be finalized in a timely manner following the parcel work.
8. Sanitary sewer service for this development is available subject to the Rules and Regulations of the Department of Public Utilities.
9. 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.
10. 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.
11. Any existing sewers under proposed buildings shall be relocated or abandoned.
Developer shall verify any sewers to be abandoned are no longer in service.
12. Any previous 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.
13. AII sanitary sewer manholes in the project area shall have solid lids installed on them.
Environmental Services:
14. 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 is specific for sites above 2,500 square ft).
15. Applicant shall maintain compliance with Ohio EPA's General Storm Water NPDES permit programs.
16. Applicant is strongly encouraged to install permanent inlet filters with oil absorbent pillow in parking lot catch basins to treat stormwater.
17. 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.
18. 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 <https://www.oipc.info/uploads/5/8/6/5/58652481/alternativestoohioinvasiveplant> species.pdf
19. 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.
20. 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.
Division of Sewer & Drainage Services
21. S&DS requires that all existing private sewer lines that are not being removed or properly abandoned (both storm & sanitary) be cleaned and inspected.
22. 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 two (2) years. An electronic copy (DVD/memory stick) shall be provided to S&DS demonstrating the lines cleaning and integrity.
Division of Traffic Management
23. All driveway entrances not being utilized on Monroe and Nantuckett must be shown as being removed with new curb, grass and sidewalk to match existing adjacent areas.
24. If one does not exist, a cross access agreement is required with the adjacent property owner to the East.
Fire Prevention Bureau
25. The proposed new building will require compliance with all applicable Building, Fire, Electrical, Mechanical and Plumbing code requirements. (OBC 105.1 & 101.4)
26. New and existing buildings shall be provided with approved address identification that meets Building & Fire Code requirements. (OBC 501.2 & OFC 505.1)
27. All permits for new 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.
28. Any addition of cooking equipment and suppression system for same will need plans submitted for review by the Building Department, Health Department, and the Fire Department (OFC 104.2 & OFC 901.2).
29. The subject property consists of multiple parcels under single ownership. The parcels shall be combined through the Lot Combination Application process with the Lucas County Auditor.
30. Free air shall be provided and maintained during operating hours of the station per TMC§1104.0903(D). Two (2) air stations are illustrated on the site plan. These air stations shall be free of charge.
31. Should charging stations for electric vehicles be provided, they shall meet the requirements of TMC§1105.1300.
32. Parking is allowed up to the amount stated in TMC§1107. Applicant is permitted a maximum of forty-two (42) spaces and have provided forty (40) marked spaces. Acceptable as depicted.
33. 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 four (4) bicycle parking slots and meet the requirement. Acceptable as depicted.
34. Accessible off-street parking spaces shall be provided per TMC§1107.1700. 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.
35. Sidewalks shall be provided along all public streets in commercial districts per TMC§1107.1303. Acceptable as depicted.
36. 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.
37. 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 along Monroe Street and Nantuckett Drive is required per TMC§1108.0202. Not acceptable as depicted. One (1) additional tree is required in the frontage greenbelt.
b. Dumpster screening is required per TMC§1108.0203(G). Acceptable as depicted.
c. 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. Acceptable as depicted.
d. Interior parking lot landscaping is required per TMC§1108.0204. Eight (8) canopy trees and twenty-three (24) shrubs are to be provided. Trees and shrubs in excess of this amount are provided. Acceptable as depicted.
e. Interior site landscaping is required per TMC§1108.0205. Seven (7) trees, landscaping at major building entrances, and foundation plantings are required. Acceptable as depicted.
f. Topsoil must be back filled to provide positive drainage of the landscape area.
g. 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.
h. 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. Acceptable as depicted.
i. Landscaped areas must be irrigated as necessary to maintain required plant materials in good and healthy condition per TMC§1108.0406.
j. 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.
k. The location, height and materials for any fencing to be installed and maintained.
I. 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.
38. 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.
39. Transparent windows shall be provided on the north and east building elevations per TMC1109.0205(C.3). Acceptable as depicted.
40. 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.
41. All proposed signage shall meet the standards of TMC§1113 - Signs. Onsite billboard shall be removed per TMC§1113.0702(B).
42. Applicant shall obtain appropriate permits for any proposed signage.
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