Proposed Ordinance No. 2198 - Amending Chapter 17 of the Broomfield Municipal Code Regarding Requirements for Gas Stations

Background
In the past six months, there have been two applications for consideration of gas stations through the concept review process and there is currently one additional gas station with an active site development plan application.

In most zone districts, gas stations require a use by special review. Per Broomfield Municipal Code 17-30-040, one of the factors to be considered for a use by special review is for the applicant to demonstrate a need and desire for the use in a particular location. A common concern discussed in recent concept reviews is proximity of a proposed new gas station to existing gas stations. This concern is often discussed in relation to whether a gas station is needed or desired in close proximity to existing stations.

City Council has also been considering updates to the Municipal Code to address electric vehicle charging infrastructure needs. As drivers transition toward a higher percentage of use for electric vehicles, it is important to plan for and anticipate the need for future electric vehicle chargers. Ordinance No. 2186 considered by City Council on first reading July 12, 2022 and to be considered by City Council on second reading as a separate agenda item on August 9, 2022, addresses the need to require Level 2 charging infrastructure for new development to be utilized at locations of employment or residences.

Comprehensive Plan Implementation

Codifying a minimum separation requirement for gas stations is consistent with and promotes the following policies outlined in the 2016 Comprehensive Plan and the 2016 Transportation Plan:

• Policy LU-1.1: Utilize clear design/development guidelines and standards to direct redevelopment and new development activities.
• Policy ES-A.3: Establish and use standards, policies and practices that encourage and support air quality and comply with state and federal regulations.
• Policy TS- G.3: Promote and support vehicle charging and fueling stations.

Proposed Broomfield Regulations for Gas Stations
To provide clearer direction to the development community regarding potential acceptable locations for future gas stations, Ordinance No. 2198 is drafted to provide the following:

• Separate the use of the term “gas station” from “service station” as both are used interchangeably in the municipal code
• Establish that, for the purpose of zoning, if a property is primarily used for electric charging of vehicles, then it will be considered a “gas station” for zoning purposes. This will allow commercial electric vehicle charging as an allowable use in a zoning document (Planned Unit Development Plan, Municipal Code, Site Development Plan) referencing “gas station” as a permissible use.
• Establish a minimum separation between gas stations. As drafted, the minimum separation established by Ordinance No. 2198 is 1,000 feet as measured in a straight line from the nearest edge of the property line of each respective gas station or potential gas station lot. The ordinance allows an exception for two gas stations located at an intersection. The ordinance would apply to gas stations established after the effective date of the ordinance.

The primary intent of Ordinance No. 2198 is to establish minimum requirements for gas stations to communicate clear directions for potential future developers considering a new gas station location in Broomfield. Broomfield will still require review and consideration of site development plans and use by special review as may be applicable depending on the zoning of a potential gas station location.

Ordinance Limitations and Potential Impacts
Electric vehicles currently make up only about 5% of vehicles driven in the United States. Although this percentage is expected to grow in the coming years, there will remain a need for gasoline fueling stations to provide necessary fuel for residents, businesses, and visitors of Broomfield. The proposed ordinance does not prohibit gas stations, but is intended to provide guidance regarding desired minimum separation between stations.

Public Engagement
This page reflects the anticipated discussion to be shared with City Council as part of the proposed Ordinance during possible first and second readings. This platform allows for feedback on the proposed separation requirement, and community engagement is encouraged. Comments received will be gathered and summarized to provide feedback as part of the public hearing process. Any public comments received prior to the 1st reading will also be included in the correspondence folder.

If the City Council moves forward with scheduling a public hearing, staff will also provide outreach through social media to invite public review and comment on the draft ordinance. There will also be opportunity at the public hearing for the ordinance for additional public comments to be provided for City Council’s consideration.