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City of Carmel
ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2417
CARMEL PLAN COMMISSION
-MEMORANDUM-
Date: May 7, 2021
To: Plan Commission Members
From: Adrienne Keeling
Re: Docket No. PZ 2021-00062 OA
Enclosed is a Draft UDO Amendment for the below item. If you have any questions, please call 571 -
2417.
Docket No. PZ 2021-00062 OA Automobile Service Station Use Specific Standards
The applicant seeks to amend the Unified Development Ordinance in order to increase the
setback distance required between gas pumps and pump islands from residential property.
Filed by the Department of Community Services on behalf of the Carmel Plan Comm ission.
Proposed Amendments Summary:
Attached is a proposed UDO Amendment which is increases the setback of gas pumps and pump
islands from 80 (eighty) feet to 500 (five hundred) feet when adjacent to residential property. This
amendment will affect the Use Specific Standards for Automobile Service Stations and Automobile
Filling Stations, as well as affecting the applicable Definitions (Article 11) in the UDO
Article 5: Development Standards:
- Section 5.65 US 19 Automobile Service Station (Lines 40, 44, 47, 49-50, 60-61):
• Line 40: include Automobile Filling Station as affected Use type.
• Line 44: adds ‘and Automobile Filling Stations’
• Line 47: provides new dimension of ‘five hundred (500) feet’, replacing eighty (80) feet as setback for
pumps and pump islands from residential property.
• Lines 49-50: Adds new provision of ‘Vent pipes for underground storage tanks’ and includes a setback
of five hundred (500) feet for them from residential property
• Lines 60-61: Adds new provision and rational for flush mounted canopy lights
Article 11: Definitions:
- Adds new definitions for:
• Fossil Fuel
- Amends definitions for:
• Repair (Indoor), Automobile or Truck
• Station, Automobile Filling
• Station, Automobile Service
• Storage or Sale of Petroleum Products
- Deletes the Definition of:
• Store, Convenience (With or Without Gas Sales)
To aide in review, UDO page numbers are referenced in the ordinance document.
The UDO may be accessed on the city’s website at www.carmel.in.gov > Government > Departments &
Services > Community Services > Codes & Ordinances.
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Ordinance Z-6 XX-21
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Sponsor: Councilor _____________ 1
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ORDINANCE Z-6XX-21 3
AN ORDINANCE OF THE COMMON COUNCIL OF THE 4
CITY OF CARMEL, INDIANA 5
___________________________________________________ 6
An Ordinance amending the Automobile Service Station Use -Specific Standards and Definitions 7
in the Unified Development Ordinance. 8
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Synopsis: 10
This ordinance increases the setback distance required between the pumps and pump islands of Automobile 11
Service Stations and Automobile Filling Station s from residentially zoned or used property. This ordinance 12
also amends the Definitions in the Unified Development Ordinance. 13
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WHEREAS, the City wishes to ensure the public health, safety and wel fare of all its residents, which 15
includes residents of all ages who live nearby to facilities that dispense liquid petroleum -based fossil fuels to 16
refill vehicle tanks and canisters; and 17
WHEREAS, recent scientific studies have shown that the public health impact of gas station emissions 18
is far greater than previously understood, due to the release of emissions into the air from unburnt petroleum-19
based fossil fuel that contain benzene and other harmful compounds; and 20
WHEREAS, there are approved pollution prevention technologies which can reduce the emissions from 21
unburnt petroleum -based fossil fuel that routinely occur during fuel storage and transfer , including storage tank 22
vapor management systems and onboard refueling vapor recovery systems; and 23
WHEREAS, research has shown those prevention technologies allow harmful vapors to escape and 24
pollute the air and that the physical separation of residences and schools from gas stations is the most effective 25
means to ensure public health from harmful vapors from unburnt petroleum-based fossil fuels; and 26
WHEREAS, pursuant to Indiana Code 36-7-4-602 the Common Council is authorized to amend the text 27
of the unified development ordinance; and 28
WHEREAS, pursuant to Indiana Code 36-7-4-610 and City of Carmel Ordinance D-2391-17, the 29
Carmel Unified Development Ordinance is incorporated by reference into the Carmel City Code; 30
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carme l, Indiana, 31
that, pursuant to IC 36-7-4-600 et seq. and after Docket No. PZ-2021-00062 OA having received a _______ 32
recommendation from the Carmel Advisory Plan Commission on Tuesday, _______, 2021, it hereby adopts 33
this Ordinance to amend the Carmel Unified Development Ordinance (Ordinance Z-66x-21, as amended), to 34
read as follows: 35
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Section I: Amend Article 5: Development Standards, Section 5.65: US-19 Automobile Service Station Use -37
Specific Standards as follows: 38
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5.65 US-19 Automobile Service Station; Automobile Filling Station - Use-Specific Standards 40
These Use-Specific Standards (US) apply to the following districts: 41
[B1] [B2] [B3] [B6] [B8] [I1] 42
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A. Automobile Service Stations and Automobile Filling Stations 44
1. Setbacks: 45
a. Principal Building: Per primary zoning district . 46
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Ordinance Z-6 XX-21
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b. Pumps and pump islands: Minimum of five hundred (500) eighty (80) feet from 47
residentially zone or used property. May not be located within required yards. 48
c. Vent pipes for underground storage tanks: Minimum of five (500) hundred feet from 49
residentially zoned or used property . May not be located within required yards. 50
51
2. Lighting: 52
a. Light standards may be located within the required Front Yard . 53
b. Light standards shall be located a minimum of thirty (30) feet from residentially zoned or 54
used property. 55
c. Intensity: Lighting shall not cause illumination beyond any residential Lot Line or road 56
right-of-way line in excess of 0.1 Foot -candle of light. Lighting shall not cause 57
illumination beyond any non-residential Lot Line or road right -of-way line in excess of 0.3 58
Foot-candle of light 59
d. Gas-pump canopy lighting must be flush mounted to minimize glare and light 60
trespass. 61
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Section II: Amend Article 11 by including the following definitions: 63
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Fossil Fuel : Liquid petroleum-based fuel or bio-fuel used mainly as an engine fuel in vehicles 65
and yard maintenance equipment. Includes all liquid fossil fuels and bio -fuel blends such as E90 66
and E85. Does not include compressed fuels such as propane, natural gas or hydrogen. 67
68
Repair (Indoor), Automobile or Truck: Any enclosed building, structure, improvements, or land 69
used for the full service or specialized repair and maintenance of automobiles, motorcycles, trucks, 70
trailers, or similar vehicles including but not limited to body, engine, fender, muffler , or upholstery 71
work, oil change and lubrication, painting, tire service and sales, or installation of CB radios, car 72
alarms, or stereo equipment or cellular telephones . 73
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Station, Automobile Filling: Any place of business with pumps and underground storage ta nks, 75
having as its purpose the selling of motor vehicle fuels, Fossil Fuels and lubricants at retail . 76
77
Station, Automobile Service: Any place of business with or without pumps and underground storage 78
tanks having as its purpose the retail servicing of Motor Vehicles with Fossil Fuels and lubricants, 79
including oil change and lubrication, minor maintenance repairs and inspections incidental thereto 80
but not including a general Automobile or Truck rRepair shop, paint or body shop, machine shop, 81
vulcanizing shop or any operation requiring the removal or installation of a radiator, engine, cylinder 82
head, crankcase, transmission, differential, fender, door, bumper, grill, glass or other body part, or 83
anybody repairing or painting. May include Automobile Filling Stations 84
85
Storage or Sale of Petroleum Products : Retail or wholesale sales and storage of Fossil fuel, 86
petroleum, gasoline, fuel, oil, gas, or flammable liquid. or fluid. 87
88
Store, Convenience (With or Without Gas Sales): Retail centers that are usually open fifteen (15) to 89
twenty-four (24) hours per day and under 8,000 square feet in Gross Floor Area. There shall be no 90
repair and/or maintenance of Motor Vehicles allowed. A Convenience Store, which includes gas sales, 91
may incorporate a pump canopy designed and constructed with exterior finish materials and detailing 92
consistent with its associated Convenience Store Building. 93
94
Section III: All prior Ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby 95
repealed. 96
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Section IV: This Ordinance shall be in full force and effect from and after its passage and signing by the Mayor. 98
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Ordinance Z-6 XX-21
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ADOPTED by the Common Council of the City of Carmel, Indiana this ________ day of 99
______________________ 2021, by a vote of _________ ayes and ________ nays. 100
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COMMON COUNCIL FOR THE CITY OF CARMEL 103
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___________________________________ ____________________________________ 106
Sue Finkam , President Kevin D. Rider, Vice-President 107
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___________________________________ ____________________________________ 109
Jeff Worrell Anthony Green 110
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___________________________________ ____________________________________ 112
Laura D. Campbell H. Bruce Kimball 113
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___________________________________ ____________________________________ 115
Adam Aason Timothy Hannon 116
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___________________________________ 118
Miles Nelson 119
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ATTEST: 121
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__________________________________ 124
Sue Wolfgang, Clerk 125
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Presented by me to the Mayor of the City of Carmel, Indiana this ____ day of 129
_________________________ 2021, at _______ __.M. 130
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____________________________________ 133
Sue Wolfgang, Clerk 134
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Approved by me, Mayor of the City of Carmel, Indiana, this _____ day of 137
________________________ 2021, at _______ __.M. 138
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____________________________________ 141
James Brainard, M ayor 142
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ATTEST: 144
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___________________________________ 147
Sue Wolfgang, Clerk 148
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Prepared by: Adrienne Keeling, Planning Administrator, One Civic Square, Carmel, IN 46032 151