After a lengthy presentation and with the agreement to keep a proposed gas station at least 300 feet from all residential development with vent caps at California standards, Luke Land, LLC received approval from the Valparaiso City Council Monday by a 5 to 2 vote for a zoning change that would allow for a new gas station in town.
Council Members Robert Cotton, D-2nd, and Barbara Domer, D-3rd, voted against the zoning amendment.
The approximately 70 acres in two parcels at the northwest corner of Ind. 130 and County Road 250 W were granted a zoning amendment from Rural to General Residential and Commercial General. Plans are for 150 new homes as well as a service station, the latter of which has received much scrutiny from Democrats on the council.
The Valparaiso Plan Commission held a public hearing Oct. 7 and voted Nov. 4 to favorably recommend approval of the zoning map amendment by 6 to 1. The council opted to table a vote until the Environmental Commission could give a report to the Plan Commission, which it did Jan. 6. The Plan Commission then again voted, that time by 7 to 1, to make a favorable recommendation for the amendment.
Tom Collins, president of Luke Oil, gave a lengthy presentation Monday to assuage concerns. “Every day, every station we have, it’s being monitored 24/7,” he said of technology to detect leaks, as well as other efforts to contain leaks and capture vapor. “Now we’re actually sucking the vapor out as we’re putting the fuel in and return it to the tank,” Collins said of fuel delivery.
Collins also addressed other areas of concern the council has brought up, from why the city needs another fueling station to the willingness to install electric charging stations. He cited right-in-right-out traffic flow as a main argument for another station, even if there is a competitor across the intersection.
He also brought in a box of props, including a vent cap for fuel tank vent pipes that meets California standards, which his company was willing to install as a condition of approval.
“I quite frankly think our code is rather skinny,” Cotton said of the need to ask stringent questions regarding service stations. He had submitted an ordinance from Lafayette County from which he hoped to extract some language, such as a one-mile minimum between gas stations.
“I think you’re an asset to this city,” he told Collins. “To one whom much is given is much expected, and you seem to get that.”
He did, however, read quotes from Collins regarding past projects in other communities where gas stations were questioned, and other uses served through development instead. Cotton also cited studies by Columbia University and others that say a significant amount of benzene and VOCs still leak from fueling stations despite equipment designed to recapture vapors.
“One hundred percent of our potable water is dependent upon what is in the ground,” Cotton said before bringing out poster boards with gas stations mapped out. “Our intent here is not against you, but protecting you from some of the gas station wars,” to which Collins countered by asking how many of the gas stations listed on the map were Family Express locations, Luke Oil’s main locally-owned competitor. It was brought up that Cotton was friends with the owner.
Council Member Emilie Hunt, D-At-large, wanted to know what other uses were considered for the site, and “are we set on a gas station and why?” Collins said the lack of competition is leading consumers to pay $ .70 to $ .80 more per gallon than in other communities.
Collins also cited all the new homes going in, including the 150 planned for the proposed development. “It’s going to bring prices down on that corner, on that side of town,” Collins said.
“I appreciate the work that you’ve done with our plan commission” to provide homes at the needed price point, Hunt said, but added, “We do have a general obligation to consider the general health, safety and welfare of our residents.”
Council Member Barbara Domer, D-3rd, said that while Collins is speaking of one to two service stations in the area, it’s really two to three if an existing station one-quarter mile down the road is included in the count. Council Member Diana Reed, D-1st, clarified that the proposed station would be in city limits, while the other two are within county jurisdiction.
Council President Ellen Kapitan, D-At-Large, said, “It’s no secret where I stand on gas stations. I don’t love a fueling station, but I do appreciate that you have added a 300-foot setback. It shows that we can do projects in a way that is mindful of the environment and of the health of residents.”
Councilman Jack Pupillo, R-4th, thanked Collins for his presentation and added he would caution against chasing a California standard where housing and gasoline are extremely expensive.
Cotton said he’s thinking about holding a town hall to educate the public and enlist their help in getting his fellow council members on board in fleshing out the code governing siting of service stations, particularly considering how elaborate overreaching” the code is in other areas.
Shelley Jones is a freelance reporter for the Post-Tribune.
