Zoning board blocks White River Township gas station proposal

Jul 05, 2023

An aerial photo from November 2022 of the property at 4978 Smith Valley Road, Greenwood. The Johnson County Board of Zoning Appeals on Tuesday rejected a proposal to build a gas station there.

Provided by Johnson County Planning and Zoning Department

A proposal for a new gas station in White River Township faced backlash from nearby residents and was ultimately rejected by the county’s zoning board.

Indianapolis-based JSR Investment LLC on Tuesday asked the Johnson County Board of Zoning appeals for a special zoning exception to build a fuel station to a planned remodel of a property at 4978 Smith Valley Road, Greenwood.

The lot was previously an auto repair shop until around 2020, and then it was used as an flex space. It has been vacant for some time now, said Michele Hansard, Johnson County planning director.

The developer requested the special exception because the lot is zoned B-1, for neighborhood business, which is for businesses such as office space or small retail stores, according to the county’s zoning code.

That B-1 zoning does not allow for fueling stations, according to the code. JSR Investment wanted to remodel and expand the existing building to turn the property into a convenience store with a six-pump fueling station with canopy lights, according to county documents.

Johnson County planning staff in a report recommended the board deny this special exception request for a number of reasons, including the impact it would have on residents in the subdivision near the lot. Board members voted to uphold this staff recommendation and did not grant the special exception in a unanimous vote.

The staff report said a gas station at that location, which is in the Smith Valley Road and Interstate 69 corridor, would “substantially interfere” with the White River Township comprehensive plan. “Fueling stations do not fit into the Neighborhood Commercial land use designation because of their intensity of use, general 24-hour operation, consistent and heavy traffic, and general inappropriateness adjoining residential uses,” the report says.

Hansard also noted during the meeting that a fueling station could be “dangerous and noxious” to nearby properties.

“A fueling station, as everybody is aware, has gas as its main component,” Hansard said. “Gas can have fumes, it can cause leaks, there can be noxious odors … it can cause more pollutants in the air than the average retail business.”

Pat Rooney, an attorney representing JSR Investment, said the owners planned to operate this location themselves as a family-owned business. They also planned to close the store and fueling station from 11 p.m. to 5 a.m. daily. The company operates two other gas stations in Shelbyville and Indianapolis, he said.

He added the developers would take care to minimize distractions to nearby neighbors with landscaping, precautions for noise distraction and those limited hours of operation. He said the current building, which some board members called an “eyesore” during the meeting, would be remodeled to be “aesthetically pleasing.”

“The site plan is designed for a harmonious relationship with adjacent properties,” Rooney said.

This property on Smith Valley Road adjoins a residential neighborhood. Two nearby homeowners, whose yards back up to the property, spoke against the gas station proposal at the meeting.

Shelley Carnes and Randy Moonshower said they don’t want a gas station in their backyard. Carnes said even though the owners don’t plan to operate the station for 24 hours, the late closing time would still affect their family’s time in their backyard pool.

“When they talk about closing at 11 … by that time, how late are we going to stay up? Until 12? And wait for them to turn their lights off to enjoy our backyard?” Carnes said. “… This is a quiet area of Center Grove, and we don’t need another gas station.”

Moonshower said he didn’t believe the store and gas station would be family-owned, since the company said it would be a BP station.

“This is not a mom and pop gas station. This is a straight-up corporate conglomerate right in my backyard. I don’t need it. Center Grove doesn’t need it,” Moonshower said.

The nearby homeowners also had concerns about how a fueling station would affect their property values, they said. David Berzins, whose yard also touches the property in question, said a gas station brings people, and he was worried about disruptions people could cause to his property and others nearby.

He was concerned customers at the gas station would throw trash or food over into his yard or urinate on his fence.

Board members also agreed that a gas station was not the best use for this commercial property, they said Tuesday. They said there were already multiple gas stations on and near Smith Valley Road.

Member Steve Powell encouraged JSR Investment to return with a different development idea because he thinks the property has potential, just not for a gas station, he said.

“I’d like to see a thoughtful plan that’s a win-win … growth is going to happen there regardless, ” Powell said. “I haven’t liked the way that property has been used in the past. It’s been an eyesore. I don’t see — based on what I see here — improvement with a fueling station.”