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HomeMy WebLinkAboutLetter #173 Steve & Shannon Hawkins13062 Deerstyne Green Street Carmel, Indiana 46032 Phone: (317) 853-6136 E-mail: hawkins7652@gtnail.com 16 August 2020 Carmel Clay Board of Zoning Appeals Via e-mail and U. S. Mail c/o Joe Shestak, Administrative Assistant Carmel City Hall One Civic Square Carmel, Indiana 46032 Subject: Family Express -Village of WestClay Dear Board of Zoning Appeals We are writing as concerned residents of the Village of WestClay in opposition to the proposed convenience store/gas station/car wash on Harleston Street in UpTown. For the record, we have lived in the Village since 2015 and have attended ALL of the Owners Association (OA) Annual Meetings since June 2015. Although mention of gas was made during at least one of the meetings, the emphasis by the OA has always been on FRESH GROCERIES, a la the Harvest grocery store that was originally in the Village center. NO mention has ever been made that this would be an operation similar to the GetGo on 116' street, which has 8 pumps and 16 bays! Also, no mention has ever been made of an option for a car wash. During OA annual meeting discussions, the picture that was painted was of a small grocery store with a couple of gas pumps that would only be open during business hours. Instead, what is apparently being planned is a 6 pump/12 bay (large) operation that will be open 24 hours — with lights shining into the residential houses surrounding the site. This type of convenience/gas station is in no way the same as a store providing fresh groceries. To equate what this facility will be to fresh groceries is no more than a dishonest misdirection by all parties involved. We are also concerned about the tanker trucks that will deliver gasoline to the station. These trucks will be negotiating narrow 2 lane roads, with roundabouts, through numerous residential neighborhoods and past schools. Gas is a commodity and is universally distributed using 15,000 gallon tanker trucks. These trucks will undoubtedly use 106t' St from Michigan Rd or 116' St from U.S. 31. They could also use Main St from US 31. Do we need this kind of commercial traffic in a predominantly built out residential section of Carmel? This is a dangerous proposition and one accident could have catastrophic consequences. We find it hypocritical that, in an email sent to residents on July 22, 2020, Tom Huston of Brenwick Development stated that "Our view has always been that you cannot pick and choose between those parts of a development plan you like and those you do not. It is a package deal." In approximately 2016, Current Publishing ran an article regarding proposed zoning changes in the Village (hops•//www o�uarecurrent.com/2016/02/09/village-of-west-clay-residents-concerned-about-increased- densi /). Due to the fact commercial occupancy in the Village center was not panning out as was originally planned, Brenwick Development was seeking zoning changes to allow for residential units on the second floors of commercial buildings, rather than the office space that was in the original master plan documents. Changes were also requested to allow for more townhomes than originally planned, all increasing the density of the Village. Due to the changes in real estate markets since the original master plan was conceived, Mr. Huston noted that "it is important to adapt." Furthermore, Mr. Huston said "We need to make some changes ... It's how we think we can put this project to bed and deliver people what we promised them." (emphasis added). BZA 16 August 2020 Page 2 of 3 If he is now saying "you cannot pick and choose", then Brenwick Development should have potentially empty spaces above the commercial buildings in the Village center, rather than residential homeowners, and there should be far fewer townhomes in the Village. If he could request zoning to change the original plan in 2016, why can't he do the same and remove the gas station now? Just because the gas station was on the master plan in 1999, should not preclude changes now. According to Mr. Huston, the original 1999 master plan called for the gas station on Glebe in the Village Center. Why was that changed? Is it because the Village center is too close to the higher -end houses in the Village and so the developers decided to move it to the UpTown area near the more moderately priced houses? Or because he found a buyer who wanted a larger gas station than could fit on the parcel originally designated in the Village Center? Regardless, obviously the master plan CAN be changed — indeed, as stated above, the original master plan apparently had office spaces on the second floors of the commercial buildings in the Village Center, where residential space is now. From what we can see, nothing would prevent the master plan from being amended again to remove the gas station entirely. In his email message, Mr. Huston states that no one has mentioned any concerns "until recently" to the OA Board. One reason that there have not been many negative comments from residents in the Village of WestClay is the manner in which this proposed development was previously presented to us. As mentioned, we have been at every OA meeting since June 2015. Yes, there was mention of gas; however, as noted previously, that aspect was downplayed and the emphasis was always on fresh groceries "like the Harvest Market." Our understanding, which is apparently proved out by the original drawings in the master plan, were of one or two pumps with a small grocery store — not six pumps with 12 bays. The OA is intended to represent the owners, but has been dominated by the two developers. They held permanent membership on the OA board of Directors until, apparently, just a few weeks ago. The Board has communicated in all messages to residents the grocery store aspect of the development and de-emphasized gasoline sales. They clearly communicated this operation would not be the same as every retail gas and convenience store operation that we see everywhere. In fact, they repeatedly stated that Family Market is not the same as the traditional gas station convenience store outlets. We understand that the Board cannot dictate how the developer uses his property other than enforcement of the community building standards. That aside, the Board (with undoubted strong influence of the two developers) has strongly endorsed the development telling the residents that we are getting the grocery store for which many have apparently expressed a desire. This was done either out of ignorance of the developers intent or to deceive the residents of the true nature of the plans. With this background, it is not at all unexpected that there has been little comment, because residents did not anticipate what the developers and Family Express actually intended. It is very clear from the recent Family Express development information that this operation will be no different than any other highway or freeway exit operation. Indeed, in his email to residents on July 22, 2020, Mr Huston has directly compared this gas station/convenience store to the GetGo on 116' St. That store fits in that location as that entire area is a commercial development. The same does NOT belong in a residential area. In response to the recent concerns from homeowners, the OA sent a one question survey asking whether or not we supported a convenience store with gasoline sales in the neighborhood. Some 63% of those who responded were NOT in support. Out of curiosity, we went to the internet and drew a 4 mile radius around the proposed location of the Family Express (thinking 4 miles is a good "convenience" distance). Within that circle, there are NINE gas stations - all with convenience stores; as well as six full grocery stores (FYI — if you extend that radius less than 0.5 mile more, you will include all of the gas/grocery on Rangeline Road, the Costco on Michigan, and the Whole Foods and Walmart in the Clay Terrace area). The nine gas stations provide a combined 52 gas pumps and 104 fueling bays (we drove around and counted them) — all within no more than a 4 mile radius. Of those nine stations, seven are on major roads and/or in commercial corridors and the other two, in mixed BZA 16 August 2020 Page 3 of 3 use areas, only have 4 pumps each (not 6 or more as proposed at the Village site). We are fairly certain that if this gas station wasn't built, we would all still be able to find a convenient location to get gas. We do not live in a gasoline service station or convenience store desert that demands this type of facility. If we need conveniences, we already have a CVS in the same block. Likewise, beerfwine/spirits can also be purchased at the CVS or at our newly opened WestClay Wine and Spirits. In addition, there are high density housing units, a restaurant, a child care center, and a youth focused sports business within 380 yards of the proposed gas station. Personally, we are not worried about crime as some have expressed. Our concern is that the scale and focus of this proposed gas station is wholly inappropriate for the location. A store such as this is better suited to a full commercial area with easy access by gasoline tankers such as Michigan Road, or an interstate exit area such as the GetGo location off of U.S. 31. S' cerely, Steve Hawkins Shannon Hawkins Cc: James Brainard, Mayor (via e-mail only) Miles Nelson, Carmel City Council — West District (via e-mail only)