HomeMy WebLinkAboutLetter #3 Jill MeisenheimerFrom:Jill Meisenheimer
To:Crediford, Maggie
Subject:RE: GetGo proposal for BZA Hearing July 27, 2015
Date:Wednesday, July 22, 2015 12:18:23 AM
Attachments:Jill Meisenheimer.vcf
Importance:High
TO: Maggie Crediford mcrediford@carmel.in.gov
FROM: Jill H. Meisenheimer jmeisenheimer@indy.rr.com 844-3920
RE:
Docket No. 15060006 PP: GetGo Gas Station, Primary Plat. The applicant seeks primary plat
approval for 1 lot on 11.65 acres, for a convenience store & fuel canopy. The site is located at 4927 E.
146th St., at the southeast corner of 146th/Gray Rd. The site is zoned S-1/Residence, partially lies
within the Floodplain. Filed by Jim Shinaver of Nelson & Frankenberger, on behalf of TMC
Development, LLC.
And
(UV) GetGo Gas Station, 146th & Gray. The applicant seeks the following Use Variance for a new
gas station: Docket No. 15060008 UV ZO CH: 5.01: Permitted Uses: Gas Station requested in
the S-1/Residential District. The site is located at the southeast corner of 146th Street and Gray Road.
The property is zoned S-1/Residential. Filed by Jim Shinaver with Nelson & Frankenberger, on behalf
of TMC Development, LLC.
Hi Maggie,
Please send copies of my email to the BZA members before the July 27th meeting. And please confirm
that you received this email.
To BZA Members,
I am requesting that you deny the Special Use Variance proposed by Giant Eagle for the GetGo
gas station and convenience store at 146th and Gray. CCRZ/Carmel Citizens for Responsible
Zoning is not opposed to reasonable and responsible development. But we think this proposal
will negatively impact neighbors near the proposal and beyond.
1. Approving this development sets a dangerous precedent of changing a residential area to
the special use of a Gas Station by just going through the BZA and avoiding more public
input through the more expensive and time consuming meetings with the Plan Commission
and City Council.
I live in Williams Mill across from The Bridges PUD at 116th and Spring Mill Road. When The
Bridges PUD was proposed most neighbors were opposed to having a gas station at The
Bridges. The Plan Commission and City Council did allow The Bridges to keep a gas station as
a use. Then the Giant Eagle proposed the Market District grocery including a GetGo Gas Station
and Convenience Store. The Plan Commission had a public hearing for this massive proposal
and sent it for additional discussion to committee meetings.
After seeing the GetGo Gas Station approved at The Bridges, I was one of many people who
worried that that there might be a gas station proposed on every empty lot in Carmel. But we did
not even consider that a developer would avoid asking for a rezone with the Plan
Commission/City Council and instead ask the BZA/Board of Zoning Appeals for a variance to
change residential zoning to gas station! I know this is allowed. But with the BZA there is less
opportunity for neighbors to participate in this process. Only adjacent properties and adjoining
properties need to be notified by certified mail. And there will be only one opportunity for
public input with a vote that night on approval or rejection of this proposal. Another frustrating
limitation is that the deadline that letters must be received in order for them to be sent to the
BZA members is the same time that the Department Report is distributed. This means that it is
not possible for neighbors, to include comments related to the Department Report, when they
write about their concerns about the proposal.
I have been told that that the previous gas station proposal in 2012 was an attempt to rezone to B-
1, with commitments & restrictions on uses, for a Ricker's Gas Station & Convenience Store
(Docket No. 12050013 Z). It appears that the tanks had the same safety features as the GetGo,
with tighter restrictions on outdoor display items for sale, landscaping against the building was
considered important, it had fewer pumps, and quite a few remonstrators. The proposal was
denied by the Plan Commission. The site is the same, the proposal is similar and the BZA
should deny this proposal.
2. Many people think that a gas station as a use at this location should be denied, because of
the possibility that it could pollute the Well Head Protection area, due to failure of
equipment or people running the equipment.
“Wellhead Protection Area” Plan Commission Special Studies Committee 9-4-2012 Docket
12050013 Z: 146 & Gray Rezone for Rickers, John Duffy, Director, Carmel Utilities,
Wellhead Protection Area stretches from roughly 1, 000 feet south of 146th Street down to 96th
Street.
· Closest wellhead to this site is 1, 000 feet away
· Closest well is probably 8, 000 feet away
· There are time travels for contaminants — one year, 5 year
· Wellhead delineation done in 2011 which showed that this corner is in a 5 -year time travel
· Utilities would treat this area as a one-year time travel
· Under Carmel's Ordinance, the proposed use is permissible at this location
· Even though it is permissible, it does not mean that there are no concerns
· There are concerns with Mitchner Ditch to the east of the site; also retainage area
· Drainage issues cited from City Engineer — storm sewer, ground water, impact on well water,
etc.
· Utilities will review proposal in-depth and work with developer
· Considerable dollars have been spent on wellhead protection studies; there is concern
· When it comes to wellhead protection, we wish our wells were in the middle of a cornfield, but
we know that is not practical
“Even if the design of this station could be said to “absolutely guarantee no spillage” (an
impossibility), the station’s mere presence in the middle of the aquifer creates risks of off-site
contamination that do not presently exist…While the risk of on-site and off-site contamination
can and should be reduced to the greatest extent possible, there is no way to guarantee that it
will not occur. The harm resulting from a spill and subsequent contamination would be an
environmental catastrophe that would negatively impact the City of Carmel and its neighbors
for months or years following a release.” (Department of Waterworks 6/21/2011)
“We must also consider the daily occurrences of customer fueling spills and other automotive
products released onto the surface from temporarily parked vehicles. These products have an
increased risk of surface and ground water contamination through storm water runoff from the
site. From the Indiana Department of Environmental Management; it only takes one pint of
fuel to pollute up to one acre of water with an oil sheen. The components of gasoline contain
carcinogens…some of the toxic chemicals may evaporate and pollute the air” (Charles Harris,
Health Office, Hamilton County Health Department 1/21/2011)
“Please consider the very real possibility of contamination due to surface spills. The spill
from an unattended hose by someone filling a vehicle could enter the aquifer quickly.
Much worse would be a spill from a tanker truck filling the underground storage tanks.
This proposed project has the potential to contaminate a valuable resource in Hamilton
County and could taint a water supply that serves people well beyond the constituents of
the City of Carmel. Please consider the possible environmental liabilities this proposed
project creates by allowing this land use in the wellhead protection area at the proposed
location. (Kenton C. Warm, Hamilton County Surveyor 6/13/2013).
3. How does this proposal pass the Findings of Fact?
CARMEL BOARD OF ZONING APPEALS FINDINGS OF FACT - SPECIAL EXCEPTION
1. The approval will not be injurious to the public health, safety, morals, and general
welfare of the community, in relation to Ordinance, Section 21.3 (1-26) concerning the special
exception because:
Approval will create more tanker traffic along 146th Street. “In spite of requirements, accidents
still occur and can present a variety of problems…not limited to hazardous petroleum
products…a single tank truck’s capacity is 3000 to 5000 gallons.” (Training Bulletin #4,
Gasoline Tank Trunk/Trailer Rollover Incidents p.2)
2. The use and value of the area adjacent to the premises under consideration will not be
affected in a substantially adverse manner because:
“Concern for the safety of Carmel’s groundwater supply. Safety regarding traffic flow relative to
entry and departure from the facility and potential for “U” turn related accidents on a very busy
intersection. Impacts on adjacent residents from increased site elevation, soil fill slope, lighting,
noise and potential for unfavorable late night activity. Just because Westfield has chosen to
have their south fringe be commercial is not a reason to follow suite for the subject corner.
Construction of a low profile single story professional office facility may be a consideration for a
rezone.” (Petition to prevent rezoning of 146 and Gray Road from residential to commercial to
allow for gas station and convenience store-Thomas Kallio 7/4/2012)
3. The need for the special exception arises from the applicant’s responsibility to provide public
utility service, and not from any condition peculiar to the premises under consideration because:
There are already several gas stations along 146th Street.
4. It will constitute an unnecessary hardship for the applicant if the special exception is
denied…
How will this be a hardship for the applicant?
5. The approval of the special exception does not interfere substantially with the
Comprehensive Plan, in that there are no alternative sites suitable (having regard to the factors
listed above in item 4 for the equipment that the applicant needs to locate in the vicinity which
are located either in Business, Industrial, or Manufacturing Districts, or on property outside of
the jurisdiction or otherwise exempt from the requirements and procedures of the Zoning
Ordinance because:
Purpose is to “provide a notable benefit without negative impact to nearby residential
properties. Allows small convenience store, “no gasoline sales” and a “great sensitivity to…
hours of operation.”(Comp Plan Neighborhood Support Center Page 35).
The team of Tom Crowley, Charlie Frankenberger and Jon Dobosiewicz are experienced and
effective in selling their developments. I believe they are going the route of BZA because it is
quicker, easier and cheaper process with less opportunity for neighbors to participate in the
process.
I believe this proposal could be injurious to the public health, safety, morals, and general
welfare of the community, and should be denied.
Jill H. Meisenheimer
CCRZ/Carmel Citizens for Responsible Zoning
jmeisenheimer@indy.rr.comn
844-3920