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On June 23rd, 2020 the Planning Commission held a public hearing for a conditional use permit for a 7-11 in the Porter’s Crossing area. The Planning Commission approved the proposal with a 5-0 vote. There has been some heated discussion on the topic and several resident groups submitted papers and research either opposed to or in support of the new 7-11 store. The Planning Commission agenda introduces the item with this paragraph. “On May 12th the Planning Commission reviewed and recommended approval to the City Council of a proposed site plan for a 7-Eleven convenience store on the corner of Porter’s Crossing and Pony Express Parkway in the Carson Crossing commercial development. This is an application for a conditional use Permit which is required in the old commercial code which this project was processed.”
The groups that included documents to be added to the record were:
- Stop Gas Station Construction In Our Backyards – Resident Petition
- Eagle Mountian Healthy Neighborhoods Alliance – Planning Commission Letter
- State Oversight – Staff Memo to Planning Commission
- Gas Station Study Overview – Staff Memo to Planning Commission
Stop Gas Station Construction In Our Backyards – Resident Petition
It is a petition that was started by Diana Anderson and includes Oak Hollow residents, as well as many other signatures. The list of residents that signed the petition was not included in the packet. The petition was actually a change.org one. So I reached out to Diana Anderson for a list of the residents that signed the petition. I have included this list at the end of this article. There are over 360 signatures on the petition, of those 201 of them are from Eagle Mountain. The other 100+ are from outside of Utah or other cities in Utah. Diana included this statement in her email, “Thank you for reaching out. I’m attaching the petition signatures document that change.org generated. You’ll notice that the vast majority of signatures are from Eagle Mountain residents, however there are several that are not. Upon examining them, I recognize the names of many of my neighbors from my community that recently moved in (we’re a new community) and perhaps the accounts they used were linked to their previous cities of residence. So it’s hard to tell just how many non-Eagle Mountain residents signed.”We the undersigned residents of Oak Hollow and surrounding areas, oppose the construction of the 7-11 gas station as approved by the Planning Commission and petition you not to approve its construction. While we do not oppose the construction of the 7-11 convenience store, we are greatly concerned by the presence of a gas station so close to our homes and the effects it will have on our health and safety, property values, and quality of life. Furthermore, it violates the city code regarding the location of an automobile service station on three counts. For these reasons, we urge you to not only deny the construction of the gas station as proposed but also update the municipal code to provide specific protections for the citizens of our city against the hazards of living in close proximity to a gas station.The document then continues to give several reasons why these residents feel that the Planning Commission should not approve the new 7-11 store. They included Nuisance, Traffic Congestion, Distance to Other Uses, as well as Municipal Code Modification as reasons for not allowing the gas station. Then they listed a bunch of articles to support their arguments.
Eagle Mountian Healthy Neighborhoods Alliance – Planning Commission Letter
I would like to note that this map is not 100% accurate. The gas tanks are actually positioned along the front of the property 43 feet from Pony Express. They will be located approximately 169 ft from the property line that is closest to any residents property. I have marked the location of the tanks in red on the following image.
Staff Memo – State of Utah Oversight
This memo is by the Eagle Mountain City Staff, specifically S. Peter Kane, Planning Manager. The memo starts by stating, “Related to the proposed 7-Eleven development in Eagle Mountain, staff has been looking into what state regulations and processes exist that relate to the health and safety oversight at gas stations. Residents in the area of the proposed project have raised concerns related to traffic, air quality, and health.” The memo lists several local case studies, one in Herriman and the other in Lehi.Herriman – A few years ago, Herriman’s Planning Commission approved a conditional use for a gas station abutting a residential neighborhood. The decision was appealed by neighbors citing unmitigated detrimental impacts such as noise, fumes, and health concerns. The Planning Commission’s approval was upheld, which led to an appeal of that first appeal, and the 3rdDistrict Court again upheld the Planning Commission’s decision. Due to the lengthy legal process, the gas station was never built. The lot is still vacant to this day. The City’s looked at adding in requirements for setbacks from residences, but has not found any substantive information to qualify doing so. Lehi – A 7-Eleven was recently approved in the city and is under construction at the NE corner of 2100 N and 2300 W. During the approval process, there was significant public concern raised related to the potential exposure to benzene (as noted in the EMC resident petition). One of those studies (a French one) was determined to not relate as the French gas station didn’t have the vacuum systems and other mitigations that are required here to minimize benzene leaks and exposure. The Planning Commission approval of the gas station was appealed by the neighbors, but the hearings examiner upheld the Planning Commission’s decision and found that there wasn’t enough evidence to show significant detriments to the health, safety, and welfare of the residents based on what was presented. The City is currently exploring potential setback requirements, but have not made a formal proposal at this point. They are considering a 300 foot requirement between the tanks/pumps and a home.
Staff Memo – To Planning Commission
This is a memo by the Eagle Mountain Staff as well, and is also in response to the petition. “Eagle Mountain City received a petition in opposition to the proposed 7-Eleven gas station and requested that the City consider modifying the existing code to set a minimum distance between gas stations and residences. The letter thoroughly outlined the concerns and wishes of the neighboring residents and included references to various studies on the topic.” The staff reviewed all of the studies listed above and then gave a summary to the Planning Commission in this letter. The section titled Relevence contained the following statement, “The studies included data collection from various areas around the world. All but three dealt with gas stations outside the United States. This is important as the City should make sure that the studies can truly be compared and applied to a situation in the U.S. This is emphasized by Lehi City’s recent experience with a study that was submitted during the approval process for a 7-Eleven gas station there. That study collected data at a French gas station. It was found that the French gas station didn’t have the vacuum systems and other mitigations to minimize benzene leaks and exposure that are required in the U.S. (and specifically, here in Utah). ” [pdf-embedder url=”https://cedarvalleysentinel.com/wp-content/uploads/2020/06/petition_signatures_jobs_22424791_20200626023535.pdf”]
Mike Kieffer is an IT geek by hobby and trade, with a BS in Information Systems & Technology. He is a proud father of 10, a grandpa, an author, a journalist, and internet publisher. His motto is to “Elevate, Inspire and Inform”, and he is politically conservative and a Christian. Mike has a passion for technology, writing, and helping others. With a wealth of experience, he is committed to sharing his knowledge with others to help them reach their full potential. He is known for his jackassery or his form of self-expression that encourages boldness, creativity, and risk-taking. It can be a way to push the boundaries and challenge traditional norms, leading to creative solutions and positive change.