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CARMEL PLAN COMMISSION
-MEMORANDUM-
Date: September 21, 2021
To: Plan Commission Members
From: Adrienne Keeling
Re: Docket No. PZ-2021-00062 OA
Enclosed is the information packet for the following item. If you have any questions, please call 571-2417.
Docket No. PZ-2021-00062 OA: Gas Station Setback & Standards Amendment
Council Ordinance Z-669-21, As Amended
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.
Returning from Council:
On September 20th, the City Council approved an amended version of the Gas Station Setback ordinance.
Pursuant to Indiana Code, the Plan Commission has until November 4 (45 days) to act upon the Council's
amendments. The options are:
1. Approve the amendment—the amended ordinance is adopted, requiring no further action.
2. Disapprove the amendment—the ordinance goes back to the Council to either confirm their amendments or
consider revisions.
3. Fail to act within 45 days—the amended ordinance is adopted, requiring no further action.
Council Amendments:
See the attached Council Version A— revisions are highlighted in yellow. The Council's amendments were the
following:
1. Lines 45-47: Deleted the Applicability paragraph pertaining to Use Variances upon the advice of the Legal
Department.
Recommendation:
The Department of Community Services recommends the Plan Commission votes to Approve the Council's
amendments this evening to not delay the effective date of the ordinance. However, if more time or discussion is
needed, the vote can occur at the October 19th meeting.
ONE CIVIC SQUARE CARMEL,INDIANA 46032 317/571-2417
Sponsor:Councilors Nelson and Rider
2
3 ORDINANCE Z-669-21, As Amended
4 AN ORDINANCE OF THE COMMON COUNCIL OF THE
5 CITY OF CARMEL,INDIANA
6
7 An Ordinance amending the Automobile Service Station Use-Specific Standards and Definitions
8 in the Unified Development Ordinance.
9
10 Synopsis:
11 This ordinance increases the setback distance required between the pumps and pump islands of Automobile
12 Service Stations and Automobile Filling Stations from residentially zoned or used property. This ordinance
13 also amends the Definitions in the Unified Development Ordinance.
14
15 WHEREAS,the City wishes to ensure the public health, safety and welfare of all its residents, which
16 includes residents of all ages who live nearby to facilities that dispense liquid petroleum-based fossil fuels to
17 refill vehicle tanks and canisters; and
18 WHEREAS,recent scientific studies have shown that the public health impact of gas station emissions
19 is far greater than previously understood, due to the release of emissions into the air from unburnt petroleum-
20 based fossil fuel that contain benzene and other harmful compounds; and
21 WHEREAS,there are approved pollution prevention technologies which can reduce the emissions from
22 unburnt petroleum-based fossil fuel that routinely occur during fuel storage and transfer, including storage tank
23 vapor management systems and onboard refueling vapor recovery systems; and
24 WHEREAS, research has shown those prevention technologies allow harmful vapors to escape and
25 pollute the air and that the physical separation of residences and schools from gas stations is the most effective
26 means to ensure public health from harmful vapors from unburnt petroleum-based fossil fuels; and
27 WHEREAS,pursuant to Indiana Code 36-7-4-602 the Common Council is authorized to amend the text
28 of the unified development ordinance; and
29 WHEREAS, pursuant to Indiana Code 36-7-4-610 and City of Cannel Ordinance D-2391-17, the
30 Cannel Unified Development Ordinance is incorporated by reference into the Cannel City Code;
31 NOW,THEREFORE, BE IT ORDAINED by the Common Council of the City of Cannel, Indiana,
32 that, pursuant to IC 36-7-4-600 et seq. and after Docket No. PZ-2021-00062 OA having received a favorable
33 recommendation from the Cannel Advisory Plan Commission on Tuesday, July 20, 2021, it hereby adopts this
34 Ordinance to amend the Cannel Unified Development Ordinance (Ordinance Z-625-17, as amended), to read
35 as follows:
36
37 Section I: Amend Article 5:Development Standards, Section 5.65: US-19 Automobile Service Station Use-
38 Specific Standards as follows:
39
140 5.65 US-19 Automobile Service Station; Automobile Filling Station - Use-Specific Standards
41 These Use-Specific Standards(US)apply to the following districts:
42 [B 1] [B2] [B3] [B6] [B8] [Ill
43
44 A. Automobile Service Stations
45 ,
46
47 Station is permitted by a Variance of Use granted by the Board of Zoning Appeals.
09/20/2021
Ordinance Z-669-21,Version A
1
148 R.A. Standards:
49 1. Setbacks:
50 a. Principal Building: Per primary zoning district.
51 b. Pumps and pump islands: Minimum of five hundred (500)eighty (80) feet from
52 residentially zoned or used property. May not be located within required yards.
53 c. Vent pipes for underground storage tanks: Minimum of five (500) hundred feet from
54 residentially zoned or used property. May not be located within required yards.
55
56 2. Lighting:
57 a. Light standards may be located within the required Front Yard.
58 b. Light standards shall be located a minimum of thirty(30) feet from residentially zoned or
59 used property.
60 c. Intensity: Lighting shall not cause illumination beyond any residential Lot Line or road
61 right-of-way line in excess of 0.1 Foot-candle of light. Lighting shall not cause
62 illumination beyond any non-residential Lot Line or road right-of-way line in excess of 0.3
63 Foot-candle of light
164 d. Under-canopy lighting shall use full cut-off, recessed luminaires with flat lenses to
65 minimize glare and light trespass.
66
67 Section II: Amend Article 11 by including the following definitions:
68
69 Fossil Fuel: Liquid petroleum-based fuel or bio-fuel used mainly as an engine fuel in vehicles
70 and yard maintenance equipment. Includes all liquid fossil fuels and bio-fuel blends such as E90
71 and E85. Does not include compressed fuels such as propane, natural gas or hydrogen.
72
73 Repair(Indoor),Automobile or Truck: Any eyed building, structure, improvements, or land
74 used for the-full service or specialized repair and maintenance of automobiles, motorcycles,trucks,
75 trailers, or similar vehicles cludi bur of l: ited to bed of nder .frlo,
76 ,
77 ala-FRi-seF-st-efee-equipmeRt-er-sel-kEtaFte4epbeffes.
78
79 Station, Automobile Filling: Any place of business with pumps and underground storage tanks,
80 having as its purpose the selling of motor vehicle fuels, Fossil Fuels and lubricants at retail.
81
82 Station,Automobile Service: Any place of business with or without pumps and underground storage
83 tanks having as its purpose the retail servicing of Motor Vehicles with Fossil Fuels and lubricants,
84 including oil change and lubrication,minor maintenance-repairs-and inspections incidental thereto
85 but not including a general Automobile or Truck cRepair
86 ,
87
88 May include Automobile Filling Stations.
89
90 Storage or Sale of Petroleum Products: Retail or wholesale sales and storage of Fossil fuels,
91 petroleum, gasoline, fuel, oil,gas, or flammable liquid-or fluid.
92
93 ,
94 ,
95 ,
96
97 istent with its . ated Cef enience Store Building
98
99 Section III: All prior Ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby
09/20/2021
Ordinance Z-669-21 Version A
2
too repealed.
101
102 Section IV: This Ordinance shall be in full force and effect from and after its passage and signing by the Mayor.
103 ADOPTED by the Common Council of the City of Carmel, Indiana this day of
104 2021, by a vote of ayes and nays.
105
106
107 COMMON COUNCIL FOR THE CITY OF CARMEL
108
109
110
111 Sue Finkam, President Kevin D. Rider, Vice-President
112
113
114 Jeff Worrell Anthony Green
115
116
117 Laura D.Campbell H. Bruce Kimball
118
119
120 Adam Aasen Timothy Hannon
121
122
123 Miles Nelson
124
125 ATTEST:
126
127
128
129 Sue Wolfgang, Clerk
130
131
132 Presented by me to the Mayor of the City of Carmel, Indiana this day of
133 2021, at _.M.
134
135
136
137 Sue Wolfgang,Clerk
138
139 Approved by me, Mayor of the City of Carmel, Indiana, this day of
140 2021, at _.M.
141
142
143
144 James Brainard, Mayor
145 ATTEST:
146
147
148
149 Sue Wolfgang, Clerk
150
151
152 Prepared by: Adrienne Keeling,Planning Administrator,One Civic Square,Cannel,IN 46032
09/20/202I
Ordinance Z-669-21,Version A
3