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Transmittal - 5/23/2024ERIN MENDENHALL DEPARTMENT of COMMUNITY Mayor and NEIGHBORHOODS Blake Thomas Director SALT LAKE CITY CORPORATION 451 SOUTH STATE STREET, ROOM 404 WWW.SLC.GOV P.O. BOX 145486, SALT LAKE CITY, UTAH 84114-5486 TEL 801.535.6230 FAX 801.535.6005 CITY COUNCIL TRANSMITTAL _______________________________ Date Received: _________________ Jill Love, Chief Administrative Officer Date sent to Council: _________________ ______________________________________________________________________________ TO: Salt Lake City Council DATE: 05/23/24 Victoria Petro, Chair FROM: Blake Thomas, Director, Department of Community & Neighborhoods __________________________ SUBJECT: Petition PLNPCM2023-00260 City-wide Text Amendment for Gas Station Standards STAFF CONTACT: Diana Martinez, Senior Planner (801) 535-7215 or diana.martinez@slcgov.com DOCUMENT TYPE: Ordinance RECOMMENDATION: The City Council should follow the Planning Commission's recommendations and approve the petitions for a zoning text amendment. BUDGET IMPACT: None BACKGROUND/DISCUSSION: Mayor Erin Mendenhall has initiated a petition to amend the zoning ordinance to require minimum distances that new gas stations can be from a river, stream, or other water body, a park, or open space area over a certain size and establish more stringent zoning standards for any gas station that is located in the secondary groundwater recharge area of the city. The proposed text amendment would prohibit new gas stations that do not meet the proposed standards regardless of whether they are permitted or conditioned land use in an allowable zoning district. Existing gas stations could replace and/or upgrade fuel equipment and tanks without complying with these new regulations as long as the new equipment is in the same location as the original equipment/tank(s). Section D of the proposed ordinance addresses replacement, reconstruction, and any modifications existing gas stations may request. PUBLIC PROCESS: Jill Love (May 23, 2024 16:31 MDT) Jill Love 05/23/2024 05/23/2024 ● Notification– o Early notification of the proposal was sent to all City Community Councils on July 10, 2023. o November 9, 2023- Notice of the proposed text amendment was sent to every owner of a gas station in Salt Lake City. o December 29, 2023- Notice of the public hearing for the Planning Commission meeting of January 10, 2024- notice signs posted at six city libraries: SLC Main Library, Chapman Branch Library, Sprague Branch Library, Day-Riverside Branch Library, Glendale Branch Library, and Anderson-Foothill Branch Library. ● Planning Commission Meeting – On January 10, 2023, the Planning Commission held a public hearing regarding the proposed text amendment. The Commission tabled the item so that the Planning staff could work with the stakeholders from the gas station industry, who had given comments on the amendment, review the EV requirement section again, and consider where this ordinance would be most applicable and appropriate within the city. • Notification for the April 10, 2024 Meeting- o Public notice posted on City and State websites and Planning Division list serve – April 5, 2024. • Planning Commission Meeting- On April 10, 2024, the Planning Commission held a public hearing regarding the proposed text amendment. The Planning Commission voted 6-0 to send a favorable recommendation for the petition to the City Council. PLANNING RECORDS: a) PC Agenda of January 10, 2023, meeting (Click Here) b) PC Minutes of January 10, 2023, meeting (Click Here) c) PC Staff Report of January 10, 2023, meeting (Click Here) d) PC YouTube Video of the January 10, 2023, meeting (Click Here) e) PC Agenda of April 10, 2024, meeting (Click Here) f) PC Minutes of April 10, 2024, meeting (Click Here) g) PC Staff Report/Memo of April 10, 2024, meeting (Click Here) h) PC YouTube Video of April 10, 2024, meeting (Click Here) EXHIBITS: 1. PROJECT CHRONOLOGY 2. NOTICE OF CITY COUNCIL HEARING 3. ORIGINAL PETITION 4. ORDINANCE TABLE OF CONTENTS 1. PROJECT CHRONOLOGY 2. NOTICE OF CITY COUNCIL HEARING 3. ORIGINAL PETITION 4. ORDINANCE 1. PROJECT CHRONOLOGY PROJECT CHRONOLOGY Petition: PLNPCM2023-00260 City-wide text amendment April 11, 2023, Petition for the text amendment was received by the Salt Lake City Planning Division. April 12, 2023 Petition assigned to Diana Martinez, Senior Planner, for staff analysis and processing. July 10, 2023 Information about the proposal was sent to the all-City Community Council Chairs to solicit public comments and start the 45-day Recognized Organization input and comment period. August 21, 2023 The 45-day public comment period for Recognized Organizations ended. November 9, 2023 Notice to sent to all gas station owners within Salt Lake City, regarding the proposed text amendment. December 29, 2023 Public hearing notice sign with project information and notice of the Planning Commission public hearing physically posted at six city libraries: SLC Main Library, Chapman Branch Library, Sprague Branch Library, Day-Riverside Branch Library, Glendale Branch Library, and Anderson-Foothill Branch Library. January 5, 2024 Public notice posted on City and State websites and sent via the Planning list serve for the Planning Commission meeting of January 10, 2023. Public hearing notice mailed. January 10, 2024 The Planning Commission held a Public Hearing January 10, 2023. By a vote of 7-1, the Planning Commission voted to table the proposed Text Amendment for planning staff to go back and make changes. April 5, 2024 Public notice posted on City and State websites and sent via the Planning list serve for the Planning Commission meeting of April 10, 2023. Public hearing notice mailed. April 10, 2024 The Planning Commission held a Public Hearing on April 10, 2024. By a vote of 6-0, the Planning Commission voted to send a favorable recommendation for the zoning map amendment petition to the City Council. 2. NOTICE OF CITY COUNCIL HEARING NOTICE OF CITY COUNCIL HEARING The Salt Lake City Council is considering Petitions PLNPCM2023-00260: Mayor Erin Mendenhall has initiated a petition to amend the zoning ordinance to propose minimum distances that any gas station can be from a river, stream, or other water body, a park, or open space area over a certain size and establish more stringent zoning standards for any gas station that is located in the secondary groundwater recharge area of the city. The proposed text amendment would prohibit gas stations that do not meet the proposed standards regardless of whether they are permitted or conditioned land use in an allowable zoning district. The Ordinance under section 21A.36.120 will list the proposed standards, “Standards for Gas Stations and Facilities with Underground and Above-Ground Fuel Storage Tanks.” As part of their study, the City Council is holding an advertised public hearing to receive comments regarding the petition. During the hearing, anyone desiring to address the City Council concerning this issue will be given an opportunity to speak. The Council may consider adopting the ordinance the same night of the public hearing. The hearing will be held: DATE: TIME: 7:00 pm PLACE: 451 South State Street, Room 326, Salt Lake City, Utah ** This meeting will be held in-person, to attend or participate in the hearing at the City and County Building, located at 451 South State Street, Room 326, Salt Lake City, Utah. For more information, please visit www.slc.gov/council. Comments may also be provided by calling the 24-Hour comment line at (801) 535-7654 or sending an email to council.comments@slcgov.com. All comments received through any source are shared with the Council and added to the public record. If you have any questions relating to this proposal or would like to review the file, please call Diana Martinez at 801-535-7215 between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, or via e-mail at diana.martinez@slcgov.com. The application details can be accessed at https://citizenportal.slcgov.com/, by selecting the “planning” tab and entering the petition number PLNPCM2023-00260. People with disabilities may make requests for reasonable accommodation, which may include aids and services. Please make requests at least advance. To make a request, please contact the City Council Office at council.comments@slcgov.com, 801-535-7600, or relay service 711. 3. ORIGINAL PETITION 4. ORDINANCE 1 Project Title: Gas Stations Located Near Water Sources And Sensitive Lands Text Amendment Petition No.: PLNPCM2023-00260 Version: 1 Date Prepared: May 4, 2024 Planning Commission Action: Recommended 4/10/2024 This proposed ordinance makes the following amendments to Title 21A. Zoning:  Deletes the current gas station standards (Section 21A.40.070);  Adopts new gas station standards to impose a distance requirement between gas stations and bodies of water as well as new standards related to lot size, vehicle stacking, electric vehicle parking, screening, and the location of aboveground and underground storage tanks. Underlined text is new; text with strikethrough is proposed to be deleted. Modifications made as part of the Planning Commission recommendation are highlighted in yellow. All other text is existing with no proposed change. 1. Adopts a new Section 21A.36.120 as follows: 1 21A.36.120: RESERVED: REGULATIONS FOR GAS STATIONS AND FUEL 2 DISPENSING FACILITIES WITH UNDERGROUND AND/OR ABOVE-GROUND 3 FUELD STORAGE TANKS 4 Gas Stations and Accessory Uses that have fuel tanks on-site, such as Truck Stops, Fuel 5 Distributors, and Storage uses, as defined in Chapter 21A.62 of this title, shall be allowed in 6 zoning districts provided in Chapter 21A.33 “Land Use Tables”, and are subject to the 7 provisions of this section. 8 A. General Standards: 9 1. All fuel dispensers and fuel storage tanks (above or underground) shall comply 10 with the requirements of this section and all other applicable regulations, including 11 the applicable reference standards and any other applicable regulations of the State of 12 Utah and Federal regulators. In case of conflicting provisions in any of the above-13 listed rules, the strictest restrictions shall apply. 14 2. Distance from water bodies: All underground and above-ground fuel storage tanks 15 and gas vents shall be a minimum of 350 feet from any existing water bodies (pond, 16 river, stream, canal, etc.), water resources, public parks or open space -that are one 17 acre and greater in size. 18 APPROVED AS TO FORM Salt Lake City Attorney’s Office Date: ___________________________ By: ____________________________ Katherine D. Pasker, Senior City Attorney May 4, 2024 2 3. Distance from property lines: All underground and above-ground fuel storage 19 tanks and gas vents shall be a minimum of 30 feet from any property line. 20 4. Associated pump islands shall be a minimum of 25 feet from any property line 21 and adjacent buildings. 22 5. Fuel vents: When a canopy is provided, gas vents shall be located at the top of the 23 gas pump canopy. 24 6. New underground fuel storage tanks: All new and replacement fuel storage tanks 25 put underground shall be constructed of non-corrodible material or designed to 26 prevent the release or threatened release of any stored fuel to ensure greater durability 27 and lifespan. 28 7. Leak or surface-runoff contamination: If contamination occurs, the property 29 owner shall be accountable for any cleanup and remediation of the subject property, 30 any City property, and any downstream water or soil contamination. 31 8. Nonconforming status: Fuel tanks and pumps that are unused or out of service for 32 one year or more shall be considered willfully abandoned and will not be eligible for 33 nonconforming status. The use shall not be restored unless it is restored to comply 34 with the standards of this section and all other applicable sections in this title. 35 B. Additional Standards for Gas Stations: 36 1. Minimum Lot size: 30,000 square feet. A gas station may be located on a lot with 37 another principal use when the lot complies with the minimum lot size. For the 38 purposes of this regulation, a lot shall include a site that consists of multiple lots or 39 parcels within a single development when the parking lot and circulation elements are 40 shared across the boundaries of the lots or parcels 41 2. Minimum Lot Frontage: 150 feet along all public streets. For sites described in 42 21A.36.120.C.1, the lot frontage shall be measured for all lots or parcels involved. 43 3. Stacking Lane Standards: These standards ensure adequate on-site maneuvering 44 and circulation areas, ensure that stacking vehicles do not impede traffic on abutting 45 streets, and that stacking lanes will not have nuisance impacts on abutting residential 46 lots. 47 a. Stacking lanes shall be arranged to avoid conflicts with site access points, 48 access to parking or loading spaces, and internal circulation routes to the 49 maximum extent practicable. 50 b. A minimum of 36 feet of stacking lane is required between a curb cut and the 51 nearest gasoline pump. 52 4. Fuel Pump Standards: 53 3 a. Fuel pumps shall be located on the site in a manner that does not interfere 54 with easy access into or egress from the site at established driveway entrances. 55 b. Fuel Pumps shall be located and oriented so all cars in line for motor fuel can 56 be accommodated on-site and not block the sidewalk, the street, or any other 57 portion of the public right of way. 58 5. Electric Vehicle Parking: Gas stations shall provide at least one (1) parking space 59 dedicated to electric vehicles for every ten (10) required on-site parking spaces. 60 Electric vehicle parking spaces shall count toward the minimum required number of 61 parking spaces. The electric vehicle parking space shall be: 62 a. Located in the same lot as the principal use. 63 b. Signed clearly and conspicuously, such as special pavement marking or 64 signage, indicating exclusive availability to electric vehicles; and 65 c. Outfitted with a standard electric vehicle charging station. 66 C. Additional Standards for Fuel Dispensing Facilities: 67 1. Above-ground fuel storage tanks shall: 68 a. Provide a 25-foot clear radius from combustible materials, storage areas, 69 parking/backing areas, and all buildings on the same lot. 70 b. Have a maximum height of 20 feet from the finished grade. 71 2. An obscuring sight fence of six feet in height shall be required surrounding the 72 fuel storage tanks and associated vehicle fueling areas. All required fencing shall be 73 prewoven chain-link with slats, wood, brick, tilt-up concrete, masonry block, stone, 74 metal, composite/recycled materials, or other manufactured materials or combination 75 of materials commonly used for fencing. In addition, the fenced area must be paved 76 with a nonpermeable surface. 77 D. Upgrades to Nonconforming Gas Stations and Fuel Dispensing Facilities: 78 1. Replacing and Updating Tanks and Associated Equipment: An existing gas 79 station may replace existing tanks and associated equipment in substantially the same 80 location without having to comply with the provisions of this section. 81 2. Reconstruction: Existing gas stations that are noncomplying as to lot area, lot 82 frontage, or tank setbacks may be demolished and reconstructed, provided the 83 reconstructed use complies with the other applicable regulations of this section and 84 the tank location is substantially the same. 85 3. The zoning administrator may modify the location of the fuel tanks and associated 86 equipment if federal or state requirements or other legal requirements prevent 87 locating the replacement tanks in a substantially similar location. 88 4 4. The zoning administrator may approve an alternate location for fuel tanks and 89 associated equipment if the applicant can demonstrate that a more efficient and safe 90 location is more appropriate. 91 92 2. Deletes Section 21A.40.070: 93 94 21A.40.070: MOTOR FUEL PUMP REGULATONS RESERVED 95 96 When established pursuant to uses permitted or conditional within the applicable district 97 regulations, all motor fuel pumps shall conform to the requirements below: 98 99 A. Location: No motor fuel pumps or islands shall be erected closer than twelve feet 100 (12') to any lot line, required landscape yard, front or side yard or within any "sight 101 distance triangle" as defined in chapter 21A.62 of this title. 102 103 B. Safety Curbs Required: All uses for which motor fuel pumps or islands shall be 104 made a part, shall erect a safety curb around the perimeter of all paved areas. All such 105 curbs shall be of approved construction. The curbs shall be located so that no vehicle 106 overhangs any public right of way or adjoining property. 107 108 C. Gas Pumps At Convenience Food Stores: In addition to the requirements of 109 subsections A and B of this section, the location of motor fuel pumps at convenience food 110 stores shall be approved by the zoning administrator, where the location of such pumps 111 satisfies the following criteria: 112 113 1. Pumps should be visible to the motorist on the street; 114 2. Pumps should be visible from the store; 115 3. Pumps should be located on the site in a manner which does not interfere with 116 easy access into or egress from the site at established driveway entrances; 117 4. Pumps should be located and oriented so all cars in line for motor fuel can be 118 accommodated on site and not block the sidewalk, the street, or any other portion of 119 the public right of way; 120 5. Pumps should be so located to avoid conflict between cars going to motor fuel 121 pumps and those going to parking spaces. On site circulation should be clearly 122 marked and must reflect established design standards for moving aisles, parking 123 dimensions, and turning radii; 124 6. Pump location, and vehicular access to and exit from pumps, should not conflict 125 with established pedestrian or bicycle approaches to the store; and 126 7. Lighting shall be oriented so as not to cast direct light onto adjacent properties. 127 128 3. Amends the definition of “GAS STATION” in Section 21A.62.040 as follows: 129 130 GAS STATION: A principal building site and structures for selling the sale and dispensing 131 of motor fuels or other petroleum products and the sale of convenience retail. 132 5 133 4. Adopts a new definition “FUEL DISPENSING FACILTY” in Section 21A.62.040, as follows 134 (to be inserted alphabetically into the list of definitions in said section): 135 136 FUEL DISPENSING FACILITY: A stationary facility consisting of one or more fuel storage 137 tanks and associated equipment, which receive, store, and dispense fuel for private use and 138 not for sale to the public. 139 140 141 [END] 142