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HomeMy WebLinkAboutDepartment Report 07-20-21 6 CARMEL PLAN COMMISSION DEPARTMENT REPORT JULY 20, 2021 3. 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 new PUDs. 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. If a new station is proposed in 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 would now automatically apply to Use Variances with the addition of the proposed “Applicability” paragraph. 3. PUDs: Note that amending the UDO does not amend an existing PUD District Ordinance. However, these standards could be included in any new PUD that proposes Automobile Service or Filling 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. 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. 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. No additional letters have been received since the June Committee meeting. 7 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. June 1, 2021 Commercial Committee Recap: Staff presented a proposed revision to ordinance lines 60-61 to be more specific regarding canopy lighting. In response to previous Committee questions, staff confirmed that the proposed ordinance would protect schools and long-term care facilities and would apply to new grocery store-associated stations. Staff also acknowledged while there are instances of non-retail dispensing for fleet purposes such as school buses and auto dealerships, they would not fall under the definition of Automobile Filling or Service Stations. Members of the Commercial Committee still wanted to explore ways to apply the ordinance to PUDs and Use Variance situations automatically. After lengthy discussion, it was decided to not pursue the requirement for new PUDs; however, the Committee asked that the Department continue to work with legal counsel on language that would apply to Use Variances. The ordinance was continued to the July Committee meeting. July 6, 2021 Commercial Committee Recap: Staff presented a proposed revision to address the Committee’s remaining concern regarding the automatic application of the proposed standards to Use Variances. Staff read the proposed revision on ordinance lines 44-48 which adds a new section titled “Applicability.” Staff also explained that the addition of “Applicability” as Section A necessitates changing the title of Section B to “Standards,” which includes the Setback and Lighting standards which were previously reviewed. There was no additional discussion by the Commercial Committee. The ordinance was returned to the full Plan Commission with a favorable recommendation. Recommendation: The Department of Community Services recommends the Plan Commission forward this item to the Carmel City Council with a Favorable Recommendation.