Label
SUP Gasoline & Fuel Sales
1322 Bernath Pkwy.
Title
Granting a Special Use Permit for Gasoline and Fuel Sales for the property located at 1322 Bernath Parkway, in the City of Toledo, Lucas County, Ohio; subject to certain conditions and two waivers; and declaring an emergency.
Body
SUMMARY & BACKGROUND:
By application (SUP25-0049) 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 1322 Bernath Parkway, in the City of Toledo, Lucas County, Ohio; was submitted to the Toledo City Plan Commission for its review and recommendation.
On April 9, 2026, the Toledo City Plan Commission recommended disapproval for the request for granting a Special Use Permit for Gasoline and Fuel Sales for the property located at 1322 Bernath Parkway, in the City of Toledo, Lucas County, Ohio.
On May 20, 2026, the Toledo City Council Zoning and Planning Committee allowed a request by the applicant for a 30 day deferral for the request for granting a Special Use Permit for Gasoline and Fuel Sales for the property located at 1322 Bernath Parkway, in the City of Toledo, Lucas County, Ohio.
On June 17, 2026, the Toledo City Council Zoning and Planning Committee recommended disapproval for the request for granting a Special Use Permit for Gasoline and Fuel Sales for the property located at 1322 Bernath Parkway, 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 1322 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:
Lot Number One (1) in Tibaron Plat I, a Subdivision in the City of Toledo, Lucas County, Ohio.
SECTION 2. That the approval of the granting of a Special Use Permit for Gasoline and Fuel Sales for the property located at 1322 Bernath Parkway, 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 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 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. He can be reached at (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. No objection to the footprint shown for a detention basin, however its size will need confirmed, 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.
5. A full submittal for storm water requires submittal of the regional SWP3 submittal coversheet as provided to applicant, and its items 1.a. - l.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 2.a. - 2.c., as well as the sewer fee for plan review and field inspection.
6. Sanitary sewer service for this development is available subject to the Rules and Regulations of the Department of Public Utilities.
7. 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.
8. 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.
9. Any existing sewers under proposed buildings shall be relocated or abandoned. Developer shall verify any sewers to be abandoned are no longer in service.
10. 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.
11. In easement area, fence and retaining wall and landscaping not allowed over top of public sanitary sewer. Free and clear access to sewer must be maintained at all times. Show location of easement on site plans.
Division of Sewer & Drainage Services
12. S&DS requires that all existing private sewer lines that are not being removed or properly abandoned (both storm & sanitary) be cleaned and inspected.
13. 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
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)
16. Applicant shall maintain compliance with Ohio EPA’s General Storm Water NPDES permit programs.
17. Applicant is strongly encouraged to install permanent inlet filters with oil absorbent pillow in parking lot catch basins to treat stormwater.
18. 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.
19. 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
20. 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
21. The proposed new building will require compliance with all applicable Building, Fire, Electrical, Mechanical and Plumbing code requirements. (OBC105.1 & 101.4)
22. New and existing buildings shall be provided with approved address identification that meets Building & Fire Code requirements. (OBC 501.2 & OFC 505.1)
Division of Traffic Management
23. Vehicle stacking at gas pumps must be clearly shown on drawings per TMC1107.1601. Stacking must be dimensioned to the parked spaces to the west and to the parking lot curb to the east.
24. 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.
25. If one does not already exist, a cross access agreement is required with the adjacent property owner to the West.
Plan Commission
26. Approval of companion cases Z25-0038 and PUD26-0005.
27. Free air, water, and restrooms shall be provided and maintained during operating hours of the station per TMC§1104.0903(D).
28. The hours of operation shall be limited to 5:30 a.m. to 1:00 a.m.
29. Support columns of gas canopies shall be brick, brick base, or other durable materials compatible with the principal building per TMC1104.0903(A). Not depicted, revised canopy elevations depicting compatible building materials shall be submitted
30. Pursuant to Off-Street Parking Schedule “A,” (TMC§1107.0304). A maximum of twenty-five parking spaces are allowed for this site. The submitted site plan shows thirty-three (33) parking spaces. Not acceptable as depicted, removal of eight (8) spaces or an Alternative Parking Plan shall be provided.
31. Bicycle parking slots shall be provided pursuant to Off-Street Parking Schedule “A,” (TMC§1107.0300). Minimum number of bicycle parking slots required is one (1) bicycle parking per ten (10) auto parking spaces. Three (3) bicycle parking spaces are required. Location acceptable as depicted.
32. 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. Not acceptable as depicted, an eight-foot (8’) wide abutting aisle shall be provided.
33. 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.
34. Wheel stops shall be provided whenever a parking lot extends to a property line, sidewalk, planting strip, or building per TMC§1107.1907. Concrete curbing proposed on site plan is acceptable as depicted.
35. 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’) wide frontage greenbelt consisting of one (1) tree for every thirty-feet (30’) of lot frontage and a solid evergreen hedge planting along Airport Hwy, Bernath Pkwy, and Tibaron Ln shall be provided. Acceptable as depicted on landscaping plan submitted.
b. A ten-foot (10’) wide Type A landscape buffer consisting of a solid wall or fence six-feet (6’) to eight-feet (8’) in height, four (4) trees and fifteen (15) shrubs for every one-hundred (100) linear feet shall be provided along the western property line abutting the residential district. The proposed width, wall, and number of shrubs is acceptable however, an additional seven (7) trees shall be provided.
c. 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 (existing trees may be used for credits). A total of eight (8) trees and twenty-four (24) shrubs are required for this site. Acceptable as depicted.
d. One 2-inch caliper tree for every 1,000 square feet of building coverage shall be required. Five (5) trees are required for this site. Acceptable as depicted.
e. Foundation plantings shall be required along the portions of the building visible from the right-of-way. Acceptable as depicted.
f. Plantings at the main entrance of the building shall be provided. Not acceptable, shall be depicted on revised landscaping plan.
g. Bioretention filter beds must be planted with turf, trees, and/or plant materials chosen from lists provided by the Toledo-Lucas County Rain Garden Initiative.
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. The location and direction of any proposed lighting. Lighting is to be directed away from adjacent residential properties.
o. Per TMC§1108.0203(G), dumpsters shall be screened on all four sides with materials of evergreen plantings, fencing, a wall, or a combination thereof with a minimum height of six (6’) feet. Not acceptable, dumpster screening detail and materials shall be submitted for approval on revised landscaping plan.
36. Per TMC§1109.0204(A)(1) At least one (1) 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.
37. 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.
38. TMC§1109.0500 Building Façade Materials and Color, all facades that are visible from the right-of-way must provide at least eighty (80%) percent of predominant building materials and no more than twenty (20%) percent accent materials. This applies to the facades facing Airport Hwy, Bernath Pkwy, and Tibaron Ln. Acceptable as depicted.
39. Per TMC§1109.0502(D)(4) architectural metal panels shall have a minimum twenty-two (22)-gage face sheet. Not acceptable as depicted on building elevations.
40. Transparent windows must occupy at least forty (40%) percent of the area between two (2’) and ten (10’) feet in height from the ground base of the primary elevation facing the right-of-way. For corner properties, transparent windows shall also occupy at least twenty (20%) percent of this area facing the side street. Acceptable as depicted.
41. Applicant shall obtain appropriate permits for any proposed signage.
42. Internally-illuminated signage may only be illuminated when the business is open.
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. Waiving Section 1106.0102 of the Toledo Municipal Code for the zoning maps attached to Part 11, Planning and Zoning, Toledo Municipal Code, for the property located at 1322 Bernath Parkway, in the City of Toledo, Lucas County, Ohio.
Chapter 1106 - Intensity and Dimensional Standards
1106.0102 - Commercial Districts Standards
Maximum Front Setback is limited to thirty-five (35’) feet.
Approve a waiver to eliminate front setback requirements. The site has three (3) frontages, a fifty-foot (50’) building line setback established through an easement on the Tibaron Plat 1 along Airport Highway, and to allow room for the canopy to be placed in the front of the site.
SECTION 4. 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 1322 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 a waiver to allow an access drive along Tibaron Lane. There is restricted access to the residential development adjacent westerly of the subject site. The apartment complex utilizes the existing drive-way along Tibaron to access their site, and the access drive is designed for vehicular traffic only restricting use by trucks.
Approve a waiver to allow for a ten foot (10’) rear lot line setback abutting a residentially zoned lot because the applicant is providing additional site improvements including additional landscaping and closing a dangerous drive aisle.
SECTION 5. 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 6. 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