Committee advances UCO amendment to create 'fueling center' use but removes residential separation requirement for that use

The Area Plan Commission Executive Committee on Feb. 5, 2025 debated a proposed amendment to the Unified County Ordinance (UCO) that would add a new category — "fueling center" — to address facilities that serve both passenger vehicles and limited semi-truck fueling. After an extended discussion on zone allowances, separations from residences, and impacts on existing businesses, the committee voted to forward the amendment to the full APC with a recommendation for approval but removed a proposed separation from the nearest residential use for fueling centers.

Why it matters: The amendment seeks to fill a gap the county has encountered where some retail fueling facilities include dedicated semi-truck fueling lanes but do not meet the scale or functions of a traditional truck stop. Defining a separate use and setting dimensional limits determines where developers can locate such facilities and whether existing stations become nonconforming under new rules.

What staff proposed: Planning staff described three definitions in the current ordinance — gas station (primarily serves passenger vehicles), truck stop (primarily serves trucks/commercial vehicles) — and said growing numbers of hybrid stations required a new definition. The proposed "fueling center" would: serve the general public, include lanes primarily for passenger vehicles and separate lanes for semi-truck fueling; allow no more than four lanes for semi-truck fueling and up to four semi-truck parking spaces; and be limited to parcels no larger than four acres. Overnight parking would be prohibited for fueling centers; larger facilities would remain regulated as truck stops.

Key concerns raised

- Commissioners and several speakers questioned how many existing stations would be affected, and whether the change would make otherwise lawful operations nonconforming. Staff said two downtown stations (one at Romig and Fourth Street and another at Ninth and Ferry) could be affected by the proposed zoning changes but would be grandfathered if already constructed.

- Developers’ representatives objected to attaching a 500-foot separation from residences to the new fueling-center use, saying the standard is effectively treating fueling centers like truck stops and could prevent reasonable development on highway-fronting parcels. They also argued that variability in local conditions argues for case-by-case consideration.

- Some commissioners supported protecting homeowners and wanted notice sent to potentially affected property owners so they could comment before the full APC hearing.

Outcome

After debate, Commissioner [motion mover not specified in the record] moved to forward the UCO amendment to the full APC with a recommendation for approval but with the language regarding separation from the nearest residential use removed for fueling centers. The motion was seconded and carried 4–1. Staff said the item will be advertised and heard at the APC public hearing on Feb. 19, 2025; staff will also check parcel records and notify owners of properties that may become nonconforming under the draft language.

Direct quotes from the record

- Planning staff: "We're calling it a fueling center. I hope you like that." (Ryan, planning staff)

- Board of Zoning Appeals president Steve Clevenger: "This just kind of limits it to the administrative officer and gets rid of the interested person or staff member." (on a separate agenda item; cited here for process context)

Ending: The amendment will proceed to the Feb. 19 APC public hearing with committee direction to remove the residential-separation language for fueling centers and to notify property owners potentially affected by the change.