Middletown City Planning Commission approves final plan for Marathon gas station at 5463 Dixie Highway

The Middletown City Planning Commission on April 8 approved a final development plan for a Marathon gas station at 5463 Dixie Highway, contingent on completing landscaping and a six-foot opaque fence and submitting an outdoor lighting plan that complies with Middletown development code.

Planning staff told the commission the parcel is 1.779 acres, the gas station was constructed in 2024, and a prior preliminary planned-district (PD) ordinance approved in January 2022 required a landscaping plan, engineering compliance and a traffic-impact study. Staff reported a zoning permit was issued in May 2023 before the final PD was completed and that the certificate of zoning compliance was approved in error before the final development-plan sign-off, which prompted a zoning violation and a civil penalty while staff worked with the owner to achieve compliance.

Staff recommended approval of the final development plan only after the applicant implements the approved landscaping plan from 2023, provides a Type A buffer that includes a six-foot opaque fence on the south property line, submits an outdoor lighting plan demonstrating compliance with chapter 12.08.04 of the Middletown development code, completes landscaping, fence construction and any required lighting modifications within 60 days of final development-plan approval, maintains landscaping per chapter 12.16.11, addresses remaining staff comments, and pays all outstanding fees before permit issuance.

John Brandt, chief marketing officer for PAP Oil Company and the property owner’s representative, said the company learned the building had been constructed after they received occupancy but the fence had not been built. "Were ready to construct and put the fence up in the buffer and do what we need to do to make sure the neighbors are happy and bring the site up to where it needs to be," Brandt said. He told commissioners that developer and contractor turnover delayed work but that PAP Oil has quotes and plans to proceed; he added that after initial installation the tenant under the triple-net lease will handle ongoing maintenance, and the owner will coordinate if problems arise.

Commissioners asked about plant species and buffer placement; staff identified species shown on the plan (including Kentucky coffee tree and Patriot elm) and clarified that the required buffering would be placed outside the fence with new trees planted on the applicant side to meet the Type A buffer standard. Staff also noted the currently installed landscaping does not match the approved plan and recommended the installation be brought into conformance.

A commissioner moved to approve the plan per staff recommendations, citing applicable review criteria; a second was recorded and the roll-call vote carried with affirmative votes recorded by the clerk.

The commissions approval is conditional: the applicant must complete the specified landscaping, fence and lighting work within 60 days and meet ongoing maintenance and fee requirements before final permits are issued. Staff will monitor compliance and the item will return for enforcement action if the conditions are not met.