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HomeMy WebLinkAboutDepartment Report 06-01-21 6 Carmel Plan Commission COMMERCIAL COMMITTEE Tuesday, June 1, 2021 Department Report 4. Docket No. PZ-2021-00062 OA: Gas Station Setback & Standards Amendment The applicant seeks to amend the Unified Development Ordinance in order to amend the standards for Automobile Service Stations and associated definitions. Filed by the Department of Community Services on behalf of the Carmel Plan Commission. *Updates to the Dept. Report are in blue. Project Overview: The purpose of this proposal is to increase the setback distance of new gas pumps and vent pipes from underground storage tanks from residentially zoned or used property. Please view the informational packet for the revised ordinance. Background: The Department was approached by the Carmel Healthy Neighborhood Alliance about establishing a public health safety zone around new gas stations at a minimum of 500 feet from residentially zoned properties, schools, and other locations where people regularly spend extended periods of time. The Alliance cites several scientific studies on the public health impact of gas station emissions from benzene and other compounds released to the air from underground storage tank vents and during refueling at the pump. A cover letter and research compiled by the Carmel Healthy Neighborhood Alliance are available on Laserfiche. Since the UDO already has a specific 80-foot setback requirement for pump and pump islands, this ordinance proposes to increase the setback to 500 feet and apply it to vent pipes for underground storage tanks, as well. Additional Notes about the Ordinance : 1. UDO Limitations: The UDO establishes standards by zoning district and cannot provide a single solution to require a 500’ setback everywhere in Carmel. As written, this proposal to amend the UDO would apply automatically to most proposals for new Automobile Service Stations; however, as noted below, extra diligence would be needed to apply it to Use Variances and new PUDs. The Carmel City Code could provide a more widespread application. 2. Applicable Zoning Districts: The proposed standards apply to the B1, B2, B3, B6, B8 and I1 Districts because those are the only zoning districts in the UDO in which Automobile Service Stations are permitted uses. Adding other zoning districts to this list where this is NOT a permitted use could be a point of confusion, creating the false appearance that it is a permitted use in residential districts. If a new station is proposed a district other than those listed, then review and public hearing by the Plan Commission, Council or Board of Zoning Appeals would be required under one of the following scenarios. • Rezoning (Plan Commission and City Council): This 500’ setback would apply as the rezoning would need to be to one of the above-listed districts. • Use Variance (Board of Zoning Appeals ): The 500’ setback could be used in the BZA’s decision to approve or deny a proposal. It could also be made a condition of approval on a site that could allow for the 500’ setback. 3. PUDs: Note that amending the UDO does not amend an existing PUD District Ordinance. However, these standards could be incorporated into any new PUD that proposes to include Automobile Service Stations as a permitted use. DOCS agrees the Plan Commission and Council should pay reasonable regard to the increased setback under Section 9.05(A)(3): Decision Criteria for Plan Unit Developments. Discussion occurred at the public hearing regarding application of the 500’ requirement automatically for new PUDs. Doing so would single out this 500’ setback as the only development standard to become a pre-requisite for PUDs. 4. Definitions: The drafting of this proposal revealed that many definitions in the UDO involve automobile filling, servicing, and repair. The revisions to these definitions are intended to bring consistency across each. The addition of a definition of Fossil Fuel is intended to encompass several petroleum-based fuels. 7 Letters from Citizens: At the time of publishing, the Department has received more than 40 letters from citizens supporting an increased setback for gas pumps from residential properties. May 18, 2021 Public Hearing Recap: Staff presented the purpose of the proposal to increase the setback distance of new gas pumps and vent pipes from residentially zoned or used property. The request was initially made by a group known as the Carmel Healthy Neighborhood Alliance to establish a public health safety zone. Details of the proposal were presented, and staff explained the rationale behind the listed business and industrial districts, as well as clarification that this ordinance would not affect existing PUDs. Three members of the public spoke in favor of increasing the setback distance. Members of the Plan Commission had several questions regarding the limited scope of the proposal (i.e. zoning districts vs city-wide and all PUDs) and canopy lighting. The Plan Commission also asked the department to clarify how the proposal would affect schools and long-term care facilities. Finally, the Plan Commission asked the department to consider how the ordinance would apply to grocery store stations, and non-retail dispensing of fuels such as auto dealers and school fueling facilities. The Plan Commission forwarded this item to the Commercial Committee for further review and asked that it come back to the full Plan Commission. Recommendation: The Department of Community Services recommends the Commercial Committee sends this item back to the Plan Commission with a Positive Recommendation.