Troy committee recommends against one-off exemptions to gas‑station moratorium, urges 90‑day extension

The City of Troy Community and Economic Development Committee on June 17 recommended that City Council not approve an exemption for a proposed South Market Street automobile fuel dispensing station and asked the council to consider a 90‑day extension of the moratorium established by Ordinance 01926.

Development Director Mr. Davis told the committee that "no formal application was submitted," saying the zoning code requires a completed city form and payment of the associated fee before an applicant is recognized. Davis warned that correspondence with staff does not substitute for the formal application process and said "comments being made have no bearings on any item unless it is authorized by the code in the form of a permit." He urged the committee not to exempt a single developer because doing so could undermine the moratorium’s stated purpose and expose the city to unequal‑treatment claims.

City law director Grant Kerber told members a narrow, case‑by‑case exemption would be legally risky without objective standards that apply across cases. Kerber said carve‑outs would need clear, defensible criteria — for example, a geographic or roadway classification — or the council should instead lift the moratorium for the entire use class. "The only way that you can change the terms of the moratorium," he said, "you have to have concrete objective standards... the cleanest way to do it is either leave the moratorium in place or lift it as it relates to gas stations."

Several council members pressed for fairness to investors who made pre‑moratorium investments. Councilman Jeff Schilling argued the city had harmed parties that had longstanding plans and said he would favor ending the moratorium. Council member Todd Siver and others asked whether there are other similarly situated projects; staff identified at least one other inquiry (referred to in the discussion as "Sun Sky") on West Main Street but said no completed applications had been accepted during the moratorium.

In public comment, attorney Rebecca Simpson, representing the property owner proposing the South Market Street site, asked council to amend or end the moratorium or craft an objective carve‑out to protect her client’s investment. Simpson said her client had transmitted plans to staff on Aug. 18, 2023 and that construction timing — including a 16‑week lead time to install tanks — would make delay costly. Engineer Jay Cardano of Choice One Engineering described the consultant practice of exchanging plans and comments before filing a formal application and said his team would have filed earlier had they understood the timing requirements.

Committee members said they were guided by staff and legal advice. The committee voted unanimously to forward to council a recommendation that council not support individual exemptions to Ordinance 01926 and to consider a 90‑day extension of the moratorium (a proposal described in discussion as extending coverage from Aug. 29 through Nov. 27, 2026) so the Planning Commission and council can complete review of the Unified Development Code and any revised standards.

The committee’s recommendation is advisory; final action rests with full City Council. The committee adjourned after making the recommendation.