City Council Agenda and Packet 2023 11 06

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City Council Meeting Minutes March 21, 2023 Page 2 of 8 The proposed ordinance would limit the number of fueling stations in Louisville to six which is the number of currently existing or approved stations with an exception to allow an increase seven stations if the seventh station is part of a new, large single -user retail center. It requires 1,000 ft. spacing between facilities; requires an automatic expiration of PUD/SRUs for new facilities if a permit is not issued in 36 Months; loss of PUD/SRU approval if an existing facility discontinues use for 12 Months; and requires EV fast charging stations for any new facilities. The Planning Commission added the fast charger requirement and recommends approval. The Sustainability Board recommends approval with conditions to reduce the cap to five if the recently approved station is not built, and to eliminate the exception for a seventh facility in a marketplace development. The Economic Vitality Committee took public comments on the proposed ordinance but made no recommendation. Staff is recommending approval. Councilmember Hoefner asked if there are other areas where the City limits the number or placement of certain types of businesses. Community Development Director Zuccaro stated the City has limited retail marijuana stores to six. Clerk Muth stated there are also state regulations requiring 1500 feet between liquor stores. Mayor Maloney asked if gas stations could convert to hydrogen fuel in the future if that happens. Director Zuccaro stated the current definitions in the code probably don't address that and the code would need to be updated for future uses. Councilmember Leh asked if there are any constitutional concerns with such a property limitation. Director Zuccaro stated the City has the right to change uses on a property as long as there are still viable uses allowed on the property. City Attorney Kelly stated the ordinance as presented would not impair the property rights of the recently approved Murphy's application. Councilmember Hamlington asked if this would impact a business that had a large commercial fleet and provided fuel on site. Director Zuccaro stated this would not impact them as the ordinance addresses the sale of fuel. Public Comments Eric Lund, Chamber of Commerce, stated the Chamber board unanimously voted to urge Council to deny the ordinance as written. They would prefer the installation of more EV chargers but not limit the building of more gas stations. Rapid charging should be required for all new buildings and shopping areas. They don't believe it will impact climate change but will negatively impact businesses. They polled their full membership and 77% of the responding members supported a no vote. Josh Cooperman, Louisville, urged approval as one way to help reduce the building of new fossil fuel infrastructure. He asked Council to consider a version that includes more 17