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Valparaiso council approves rezoning for Luke development with 300-foot residential setback
Summary
The Valparaiso Common Council voted 5-2 to approve Ordinance 22, rezoning roughly 70 acres for a mixed residential and commercial development by Luke family of brands, conditioning approval on a 300-foot separation from any residential structure and upgraded vent caps to limit vapor emissions.
The Valparaiso Common Council on Jan. 27 approved Ordinance 22, a rezoning that clears the way for a mixed-use development by Luke family of brands that includes a convenience store and fueling station, after the applicant agreed to commit to a 300-foot setback from residential structures and to install enhanced vent caps.
Tom Collins, a president of the Luke family of brands who presented the project, told the council the company has invested about $400,000 in due diligence and has modernized underground storage-tank systems across its network. "These systems are double-walled, monitored and designed with containment to shut down if an alarm occurs," Collins said, describing sensors, interstitial monitoring and procedures his company uses to detect and remediate leaks.
The project has moved through multiple hearings. Planning staff said the Plan Commission returned a favorable recommendation on the zoning map amendment (seven-to-one) but had issued an unfavorable recommendation on an earlier draft ordinance; the council remanded and revisited the item after the environmental advisory committee reported. Collins said the applicant would take steps to locate vent pipes and adopt vent caps meeting stringent California standards and would work with its residential partner, Lennar, to ensure the proposed vent locations are at least 300 feet from any residential structure.
Council members expressed concerns about groundwater protection, benzene and other vapor exposures, and whether Valparaiso has more fuel stations per capita than comparable places. Councilmember Cotton and other members cited studies and urged stricter separation distances; Collins said the company could meet a 300-foot commitment as a condition of approval. "We can commit to being 300 feet from a residential structure on this project," Collins said in response to a council question.
After public comment that included residents urging both caution on environmental and health grounds and support for added competition and tax revenue, Councilmember [motion-maker] moved to approve the ordinance conditioned on the 300-foot separation and upgraded vent caps. The motion passed on roll call 5-2. Mayor announced that next steps include board-of-zoning review for the fueling station and plan commission action to record the final plat.
The approval rezones about 70 acres from rural to a combination of general residential and general commercial. The council noted that if the fuel-station element proceeds, the site will require additional permitting specific to underground storage tanks and the operator will be subject to state financial-assurance requirements, including Indiana's ELTF program for cleanup and remediation.
The council recorded its vote and closed the public hearing. The project will return to the plan commission and the board of zoning as required by city procedures; the council's condition requires demonstrated compliance with the 300-foot setback and installation of the specified vent caps before final approvals for fuel operations.
What happens next: if the developer satisfies the conditional items (vent caps and demonstrated setbacks), the project proceeds to the city's board of zoning for the fueling-station-specific approvals and back to the plan commission for final plat recording.
