Label
SUP 5765 Secor Rd
New Gas Station
Zoning & Planning
Title
Granting an amendment to the Special Use Permit for a New Gas Station originally granted by Ord. 143-24, for the property located at 5765 Secor Road, in the City of Toledo, Lucas County, Ohio; subject to certain conditions; and declaring an emergency.
Body
SUMMARY & BACKGROUND:
By application (SUP25-0024) filed with the City of Toledo Central Permit Center, a request for a Special Use Permit for a New Gas Station for the property located at 5765 Secor Road, in the City of Toledo, Lucas County, Ohio; was submitted to the Toledo City Plan Commission for its review and recommendation.
On August 14, 2025, the Toledo City Plan Commission recommended approval for the request for granting a Special Use Permit for a New Gas Station for the property located at 5765 Secor Road, in the City of Toledo, Lucas County, Ohio.
On September 17, 2025, the Toledo City Council Zoning and Planning Committee recommended approval for the request for granting a Special Use Permit for a New Gas Station for the property located at 5765 Secor 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 a New Gas Station for the property located at 5765 Secor 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:
The property referred to herein below is situated in the County of Lucas, State of Ohio, and is described as follows:
Parcel 1:
The East one hundred and zero hundredths (100.00) feet of Lot number six (6) in Ketcham's Suburban Place, a Subdivision in the City of Toledo, Lucas County, Ohio in accordance with Volume 20 of Plats, page 20, Except part in Road.
Parcel 2:
The North three hundred thirty-five and six tenths (335.6) feet of Lot number seven (7) in Ketcham's Suburban Place, a Subdivision in the City of Toledo, Lucas County, Ohio in accordance with Volume 20 of Plats, page 20, Except part in Road.
Parcel 3:
The North one hundred thirty-three and six tenths (133 .6) feet of Lot number eight (8) in Ketcham's Suburban Place, a Subdivision in the City of Toledo, Lucas County, Ohio in accordance with Volume 20 of Plats, page 20, excepting therefrom that part lying within the lines of Alexis and Secor Roads as widened.
Parcel 4:
The South one hundred twenty-six and fourth tenths (126.4) feet of the North two hundred sixty (260) feet of Lot number eight (8) in Ketcham's Suburban Place, a Subdivision in the City of Toledo, Lucas County, Ohio in accordance with Volume 20 of Plats, page 20, excepting therefrom the East ten (10) feet thereof dedicated for street purposes.
SECTION 2. That the approval of the granting of a Special Use Permit for a New Gas Station for the property located at 5765 Secor Road, in the City of Toledo, Lucas County, Ohio. in the City of Toledo, Lucas County, Ohio, be subject to compliance with the forty-four (44) conditions as follows:
The following forty-four (44) 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. 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 .
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.
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. Toledo stormwater permitting authority is limited; other permissions are required: Being in or adjacent to a flood hazard zone, this area is subject to Toledo Municipal Code, Chapter 1110, which must be complied with in full. Application shall be made for a Floodplain Hazard Development Permit through City Building Inspection. An escrow agreement may be required if a Conditional Letter of Map Revision or Letter of Map Revision are required to be submitted to the Federal Emergency Management Agency per TMC§1110.
6. No objection to the footprint shown for an extended dry 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.
7. A full submittal for stormwater requires submittal of the regional SWP3 submittal coversheet as provided to applicant, and its items l.a. - 1.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.
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 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.
Division of Environmental Services
12. 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 feet.)
13. Applicant shall maintain compliance with Ohio EPA’s General Storm Water NPDES permit programs.
14. Applicant is strongly encouraged to install permanent inlet filters with oil absorbent pillow in parking lot catch basins to treat stormwater.
15. 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.
16. 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 <https://www.oipc.info/uploads/5/8/6/5/58652481/%20alternatives_to_ohio_invasive_plant_species.pdf>
17. 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
18. The proposed new building will require compliance with all applicable Building, Fire, Electrical, Mechanical and Plumbing code requirements. (OBC105.1 & 101.4)
19. New and existing buildings shall be provided with approved address identification that meets Building Code requirements. (OBC501.2)
20. Any addition of cooking equipment and suppression system for same will need plans submitted for review by the Building Dept, Health Dept and the FD. (OFC104.2, OFC901.2)
21. 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.
22. A fire safety inspection is required prior to occupancy. (OFC105.3.3.2, TMC1309.09)
Division of Transportation
23. 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.
24. A 25’ drive aisle is required where two-way traffic is being utilized per TMC§1107.1911. (25’ is required from vehicle stacking to parking spots and vehicle stacking to curb at the north.)
Plan Commission
25. 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.
26. 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.
27. The hours of operation are not limited and the business may operate twenty-four (24) hours a day, seven (7) days a week.
28. Should charging stations for electric vehicles be provided, they shall meet the requirements of TMC§1105.1300.
29. Off-street parking shall be provided per TMC§1107.0300 for the proposed gas station and restaurant uses. A total of forty-two (42) parking spaces are required. The site plan depicts fifty (50) parking spaces. Acceptable as depicted.
30. 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 five (5) bicycle parking slots within the building setback and frontage greenbelt along Secor Road. Not acceptable as depicted. The location of the proposed bicycle parking slots shall be relocated and a revised site plan submitted.
31. 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.
32. Sidewalks shall be provided along all public streets in commercial districts per TMC§1107.1303. Acceptable as depicted.
33. Wheel stops shall be provided whenever a parking lot extends to a property line, sidewalk, planting strip, or building per TMC§1107.1907. Wheel stops are required for the thirty-eight (38) proposed marked parking spaces. Not acceptable as depicted. Approved wheel stops or bollards shall be provided and depicted on a revised site plan for all parking spaces.
34. Off-street parking facilities, including vehicular drives and maneuvering areas, in Commercial Districts are prohibited within fifteen (15) feet of street rights-of-way per TMC§1107.1907. Not acceptable as depicted. The site plan shall be revised so that no off-street parking facilities, including vehicular drives and maneuvering areas, are located within fifteen (15) feet of street rights-of-way
35. 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 Alexis and Secor Roads is required per TMC§1108.0202. Not acceptable as depicted. Evergreen shrubs, species and sizes of existing trees to be preserved, and a fifteen-foot (15’) wide frontage greenbelt shall be provided and depicted on a revised landscaping plan.
b. A Type “A” landscape buffer is required along a portion of the south property line where the abutting property is zoned RS6 per TMC§1108.0203. Not acceptable as depicted. The required buffer shall be provided and depicted on a revised landscape plan.
c. Dumpster screening is required per TMC§1108.0203(G). Acceptable as depicted.
d. 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. All shrubs shall be evergreen where adjacent to parking and maneuvering areas and the species and size of the trees to be preserved shall be noted on a revised landscape plan.
e. Interior parking lot landscaping is required per TMC§1108.0204. Eight (8) canopy trees and twenty-three (23) shrubs are to be provided. Trees and shrubs in excess of this amount are provided. Acceptable as depicted.
f. Interior parking lot landscaping is required per TMC§1108.0204. Landscape terminal islands shall be provided at the end of each parking row. Two areas at either end of the parking spaces that face the front of the building are depicted with pavement markings and not landscape islands. Not acceptable as depicted. Landscape islands shall be provided that are constructed with six (6) inch by eighteen (18) inch concrete curbing and illustrated on a revised landscape plan.
g. 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.
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 preserved. 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.
n. 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.
36. 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.
37. Transparent windows shall be provided on the north and east building elevations per TMC1109.0205(C.3). Acceptable as depicted.
38. 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.
39. All proposed signage shall meet the standards of TMC§1113 - Signs. Wall signs are not acceptable as depicted. Wall signs are only permitted on building wall frontages facing Alexis and Secor Roads.
40. Applicant shall obtain appropriate permits for any proposed signage.
41. 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.
42. Approval of the Special Use Permit will lapse after one (1) year if the criteria listed in TMC§1111.0707 have not been met.
43. 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.
44. 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