Marble Falls council shoots down gas station code amendments
A code amendment to outlaw window signage from obstructing the view of cash registers and ATMs inside gas stations was struck down by the Marble Falls City Council on Oct. 17. The proposed amendment only applied to new stations, meaning this 7-Eleven in north Marble Falls would not have to comply. Staff photo by Nathan Bush
Marble Falls city code amendments to keep new gas stations out of residential areas and make their point-of-sale areas more visible were struck down by the Marble Falls City Council on Tuesday, Oct. 17. An upcoming workshop, however, could put the two topics back on the table.
“We’ll look at bringing it back,” City Manager Mike Hodge told the council.
Councilors unanimously voted down the proposed amendments, calling them overregulation.
“I’m a fan of small government, not stringing everything together,” Councilor Bryan Walker said. “This is HOA level one thousand. Marble Falls isn’t Southlake.”
One of the two proposed changes would have banned the construction of gas stations within 300 feet of residential areas.
“We checked multiple other cities,” said Kim Foutz, director of Development Services for the city. “This is not unusual to have a separation requirement.”
Walker said the amendment would effectively stop any stations from being built within city limits.
“This basically puts a moratorium on gas stations,” he said.
Mayor Dave Rhodes agreed, calling the amendment “nanny state.”
“It’s overregulation,” he said. “Either we’re the home of the free and the land of the free or we’re not.”
The second failed amendment sought to increase safety by outlawing posters and signage on gas station windows that impede the visibility of cash registers and ATMs inside.
“We already have limitations on window signs, and they’re limited to 25 percent (of the window), but let’s be strategic about it and leave that view corridor open so that the public can see if something nefarious is happening,” Foutz said.
She said local law enforcement are in favor of the idea.
“We did consult with the police department to ask them what are some mitigation things that could be done to help alleviate (crime),” Foutz said. “One of the things they said was points-of-sale and ATMs should be very visible.”
Referring to gas stations being built near residential areas, Walker highlighted an Oct. 3 fight between the City Council and residents of Foxwood and Gregg Ranch subdivisions regarding a proposed station near their homes. He said the council should avoid being reactionary with its rules.
“I’m not saying the entire thing is hogwash, but I think there’s a lot that wasn’t called for,” he said. “It feels like a reaction to something that may or may not be an issue.”
Councilor Griff Morris reminded council members of their responsibilities to residents during the exchange.
“We are up here to serve the community’s needs and their desires,” he said. “If the community desires this sort of thing, we should definitely consider it.”
The council did approve other code amendments, including one that cedes platting powers to the Marble Falls Planning and Zoning Commission.
“The primary thing we wanted to accomplish during this code amendment was to do some delegation to the Planning and Zoning Commission, specifically as related to platting,” Foutz said.
Platting for flood management areas, planned development districts, and Planning and Zoning Commission repeals will remain part of the council’s responsibilities.
Another approved amendment creates new land uses, for example, zoning areas for businesses such as car washes.
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Seemed like reasonable amendments for neighbors to propose. They hardly warrant the dismissive if not contemptuous tone from Hodge, Walker, Foutz, and Rhodes. How does it happen that only one council member mentions a responsibility to his neighbors, and then they all vote against their neighbors?