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Plan commission sends unfavorable recommendation on proposed fueling‑station separation ordinance, 6–1
Summary
The commission reviewed a proposed UDO amendment that would limit station proximity to residences and require large separation between stations (one draft used 5,500‑ft). After hearing Councilman Cotton and staff, commissioners voted 6–1 for an unfavorable recommendation and asked for more data and refined drafting to avoid unintended consequences.
Councilman Cotton presented a proposed UDO amendment that aims to reduce clustering of fueling stations near homes and schools and to protect the city’s groundwater. "Valparaiso is approximately 35,000 people and currently has about 20 service stations — that's roughly 30 percent more than a national per‑capita average," Cotton said, urging caution about adding more sites and asking the commission to consider separation distances and residential setbacks.
Planning staff showed maps that overlaid large separation circles (the draft ordinance included a 5,500‑ft option for inter‑station spacing and 300–500 ft residential setbacks in other jurisdictions). Staff said 5,500 ft would be excessive for Valparaiso and noted many peer cities use much smaller setbacks (300–600 ft); staff also warned that broad separation rules can create many legal nonconforming stations and produce unintended planning and administrative burdens.
Commission discussion focused on three themes: (1) public‑health evidence and the need for updated studies on vapor dispersion and venting heights before adopting a numeric buffer; (2) unintended legal consequences that could make existing stations legal nonconforming and complicate environmental upgrades; and (3) timing — some members said UDO revisions are already scheduled and a consultant will provide guidance, while others argued the commission should provide immediate input because development is moving faster than the UDO update schedule.
A motion for an unfavorable recommendation on the ordinance as presented passed 6–1 on roll call. Commissioners asked staff and the Environmental Advisory Board to compile and share current studies (including the 2019 Columbia study and other recent work) and to provide precise vent‑outlet locations on site plans so any buffer can be measured to the relevant outlet point rather than an assumed centerline.
Next steps: the commission will return an unfavorable recommendation to City Council and requested additional data and redrafting to clarify setbacks, decommissioning language and any performance guarantees before a final council vote.
