Some Pike Township residents are fuming about a proposed gas station planned for the southwest corner of 86th St. and Lafayette Road.
They point out that there are already over 30 gas stations within five miles of the location, and fear a gas station could lead to more development and increased traffic to their rural neighborhood.
At one recent town hall meeting, 200 parents and other residents crowded into Fishback Creek Public Academy, directly across the street from the proposed site, to express concern about possible environmental harm, public health, safety of elementary school students and community character.
“I have two children who attend (Fishback Creek Public Academy) and this makes me concerned for their safety,” said Jana Jones, area resident. “Most 24-hour gas stations sell alcohol and bring in lots of traffic. What will happen to the children after school who may have to walk?”
Others said they worry about water contamination of Eagle Creek Reservoir, and pointed out many residents get drinking water from private wells.
Susan Blair, president of Pike Township Resident Association (PTRA) told the crowd the organization opposed the proposed gas station.
“I became aware of the gas station in January by a couple of neighbors who had done their homework,” she said. “The reality is, the property is zoned to C3 and until the moratorium was passed recently, gas stations are permitted in the C3 zoning district.”
Since the plot of land has been zoned C3 for several decades, she said it will be difficult to turn the project in their favor.
City-County Councilor Leroy Robinson, who hosted the meeting, invited city officials to inform the Pike community about the project’s status.
“The district I am currently running to represent is where the gas station is located and while out campaigning and talking to neighbors, this has been the number one topic everyone is talking about,” said Robinson.
In March, city officials announced plans to establish a moratorium in commercial areas adjacent to neighborhoods and in late April, City-County Councilors approved the act on the construction of new gas station/convenience stores.
Many may think this moratorium will work in their favor, but Maury Plambeck zoning administrator for the Indianapolis Department of Metropolitan Development believes otherwise.
“The moratorium doesn’t apply here because the state law says, when the city of Indy or any town changes their zoning laws, people that own the property have rights to the zoning before changed zoning as long as they file permit applications,” commented Plambeck, who worked in the process of passing the moratorium. “Moratorium is a change in zoning and we had several property owners apply for permits before that deadline.”
He adds that the area has been zoned since 1969 when zoning ordinances were adopted and emancipated.
Residents were told at the current stage of the project, there isn’t much they can do. They can file an appeal of an improvement location permit if one is issued. That appeal has to be filed within 60 days after the permit is issued. Once that appeal is filed, staff in the Department of Metropolitan Development dockets it before the board is on the appeals. Anything that goes to the board of zoning appeals, will go to court to file a petition for judicial review.
“Once it goes to the court process, we have nothing to do with it and it goes to an attorney. Once an appeal is filed, an attorney will become involved because things can become ‘very legal,’” said Plambeck.
With a commercial structure such as the gas station proposed by Three Miles Properties, typically three main permits are utilized, said Courtney Bennett, deputy director of the Indianapolis department of code enforcement, who oversees permits, licensing and administration.
These include a drainage permit, structural permit and a driveway permit. Because the structure is a gas station, it also requires a flood permit because the creek runs through the parcel and is part of the flood zone.
“It’s too early to tell. The application is still being reviewed, which takes usually six to eight weeks. But nothing is set in stone until it is approved,” stated Robinson.
According to the website of appeal, 86thandlafayette.com, the neighborhood association has “engaged (with) a couple of attorneys with expertise in environmental & real estate law to review our options. It will cost $1,600 in fees to file the appeal and there will be additional costs to prepare our case.”
At Indianapolis Recorder Newspaper press time, a petition on Change.org had gained over 700 supporters and needed just under 300 to achieve its goal. A legal fund on gofundme.com surpassed its goal of $4,000 and raised $4,700.
“What I don’t want to see is, if it (project) is successful, people think the city failed or someone failed,” noted Robinson.
“It’s not like the land was rezoned for a gas station, it was already in place so technically if someone wanted to put a gas station there, they can. You have to protect the owner’s rights as well. It’s their right to sell their property.”
For more information, visit IndianapolisRecorder.com.
