HomeMy WebLinkAboutPacket for PC 07-20-21 City of Carmel
ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2417
CARMEL PLAN COMMISSION
-MEMORANDUM-
Date: July 9, 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: 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.
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 residentially zoned or used
property. This amendment will affect the Use Specific Standards for Automobile Service Stations and
Automobile Filling Stations, as well as affecting a few Definitions (Article 11) in the UDO.
Proposed Committee Revisions:
Committee revisions are highlighted in the attached ordinance draft. Although several questions were
raised at the Public Hearing, most did not necessitate revisions to the proposed ordinance. The
revisions that were proposed are the result of two concerns: applicability to ALL zoning districts if a
Use Variance is requested and canopy lighting.
1. Lines 45-48:
• An “Applicability” paragraph has been added as Subsection A to apply the standards to any
district in which a Use Variance is granted.
• The standards for setbacks and lighting were placed under a new Subsection B, titled
“Standards.”
2. Lines 64-65: Revises the under-canopy lighting text to be more specific.
Other Questions from the Plan Commission Hearing:
A few other questions were raised for consideration at the Plan Commission meeting, but did not
result in further revision of the proposed ordinance:
• Schools: Each of the Carmel/Clay Schools are located within residentially zoned districts; and
therefore, would be protected by the increased setback distance.
ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2417
• Nursing/Retirement/Convalescent/CCRC Uses: Each of these uses would be considered a
residential use, regardless of its zoning district; and therefore, would be protected by the
increased setback distance.
• Grocery Store Stations: After further review of the definitions of Automobile Filling and
Automobile Service Station, DOCS confirms the phrase “any place of business” would qualify
new stations like those at Kroger or Meijer to apply the increased setback distance.
• Non-retail dispensing: It was pointed out that there are instances of gas pumps for purposes
other than retail sale. While DOCS acknowledges this to be the case, the charge of this
proposal was to protect residential districts and uses from new retail installations where
(presumably) the largest volumes of fossil fuels are dispensed.
• 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.
07/09/2021
Ordinance Z-6XX-21, PC Old Business Draft
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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 Stations 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 welfare 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 Carmel, 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
43
A. Automobile Service Stations and Automobile Filling Stations 44
A. Applicability: In addition to the districts listed above, the following standards shall also apply to 45
any parcel of land in any district in which an Automobile Service Station or an Automobile Filling 46
Station is permitted by a Variance of Use granted by the Board of Zoning Appeals. 47
07/09/2021
Ordinance Z-6XX-21, PC Old Business Draft
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B. Standards: 48
1. Setbacks: 49
a. Principal Building: Per primary zoning district. 50
b. Pumps and pump islands: Minimum of five hundred (500) feet from residentially zoned 51
or used property. May not be located within required yards. 52
c. Vent pipes for underground storage tanks: Minimum of five (500) hundred feet from 53
residentially zoned or used property. May not be located within required yards. 54
55
2. Lighting: 56
a. Light standards may be located within the required Front Yard. 57
b. Light standards shall be located a minimum of thirty (30) feet from residentially zoned or 58
used property. 59
c. Intensity: Lighting shall not cause illumination beyond any residential Lot Line or road 60
right-of-way line in excess of 0.1 Foot-candle of light. Lighting shall not cause 61
illumination beyond any non-residential Lot Line or road right-of-way line in excess of 0.3 62
Foot-candle of light 63
d. Gas-pump canopy lighting must be flush mounted Under-canopy lighting shall use 64
full cut-off, recessed luminaires with flat lenses to minimize glare and light trespass. 65
66
Section II: Amend Article 11 by including the following definitions: 67
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Fossil Fuel: Liquid petroleum-based fuel or bio-fuel used mainly as an engine fuel in vehicles 69
and yard maintenance equipment. Includes all liquid fossil fuels and bio-fuel blends such as E90 70
and E85. Does not include compressed fuels such as propane, natural gas or hydrogen. 71
72
Repair Automobile or Truck: Any building, structure, improvements, or land used for full service or 73
specialized repair and maintenance of automobiles, motorcycles, trucks, trailers, or similar vehicles . 74
75
Station, Automobile Filling: Any place of business with pumps and underground storage tanks, 76
having as its purpose the selling of motor vehicle fuels, Fossil Fuels and lubricants at retail. 77
78
Station, Automobile Service: Any place of business with or without pumps and underground storage 79
tanks having as its purpose the retail servicing of Motor Vehicles with Fossil Fuels and lubricants, 80
including oil change and lubrication, minor maintenance and inspections incidental thereto but not 81
including Automobile or Truck Repair May include Automobile Filling Stations. 82
83
Storage or Sale of Petroleum Products: Retail or wholesale sales and storage of Fossil fuels, fuel, 84
oil, or flammable liquid . 85
86 87
Section III: All prior Ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby 88
repealed. 89
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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. 91
ADOPTED by the Common Council of the City of Carmel, Indiana this ________ day of 92
______________________ 2021, by a vote of _________ ayes and ________ nays. 93
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COMMON COUNCIL FOR THE CITY OF CARMEL 96
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___________________________________ ____________________________________ 99
07/09/2021
Ordinance Z-6XX-21, PC Old Business Draft
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Sue Finkam, President Kevin D. Rider, Vice-President 100
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___________________________________ ____________________________________ 102
Jeff Worrell Anthony Green 103
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___________________________________ ____________________________________ 105
Laura D. Campbell H. Bruce Kimball 106
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___________________________________ ____________________________________ 108
Adam Aasen Timothy Hannon 109
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___________________________________ 111
Miles Nelson 112
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ATTEST: 114
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__________________________________ 117
Sue Wolfgang, Clerk 118
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Presented by me to the Mayor of the City of Carmel, Indiana this ____ day of 122
_________________________ 2021, at _______ __.M. 123
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____________________________________ 126
Sue Wolfgang, Clerk 127
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Approved by me, Mayor of the City of Carmel, Indiana, this _____ day of 130
________________________ 2021, at _______ __.M. 131
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____________________________________ 134
James Brainard, Mayor 135
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ATTEST: 137
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___________________________________ 140
Sue Wolfgang, Clerk 141
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Prepared by: Adrienne Keeling, Planning Administrator, One Civic Square, Carmel, IN 46032 144