Feb 28, 2022 Board of Zoning Appeals

[00:00:05]

GOOD EVENING, EVERYONE. WELCOME TO THE CARMEL BOARD OF ZONING APPEALS. WE WILL BEGIN WITH OUR PLEDGE OF ALLEGIANCE. I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA, AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION, UNDER GOD, INDIVISIBLE WITH LIBERTY AND JUSTICE FOR ALL.

>> WILL THE SECRETARY CALL THE ROLL, PLEASE.

[E. Approval of Minutes and Findings of Facts of Previous Meetings]

MEETING. >> MOVE TO APPROVE.

>> SECOND. >> IT'S BEEN MOVED AND SECOND WE APPROVE THE MINUTES.

AND FINDING OF FACTS OF THE PREVIOUS MEETING.

ALL THOSE IN FAVOR SAY "AYE."

>> AYE. >> ANYONE OPPOSED?

[F. Communications, Bills, and Expenditures ]

>> APPROVED. >>> COMMUNICATIONS BILLS AND EXPENDITURES. ANGIE OR SERGEI?

>> YES, I HAVE SOMETHING WE'LL QUICK REGARDING THE ITEM BEING HEARD TONIGHT. THERE'S A BZA RULE OF PROCEDURE SUSPENSION REQUEST REQUIRED FOR REGARDING THE PUBLIC NOTICE MAILINGS. AND THEY DID MAIL OUT THE NOTICES 21 DAYS PRIOR. BUT IT WAS WITH REGULAR MAIL AND NOT CERTIFICATE OF MAILING.

AND SO PLANNING STAFF HAD TO REMAIL OUT THE LETTERS AGAIN VIA CERTIFICATE OF MAILING. AND THEN THAT WAS DONE TEN DAYS PRIOR WHICH MEETS STATE STATUTE.

BECAUSE IT WAS DONE ORIGINALLY VIA REGULAR MAIL

IT NEEDS RULE SUSPENSION. >> SUSZ SPEND RULES WITH

RESPECT TO PUBLIC NOTICE. >> SECOND.

>> IT'S BEEN MOVED AND SECOND WE SUSPEND OUR RULES WITH REGARD TO PUBLIC NOTICE.

ALL THOSE IN FAVOR OF THE MOTION SAY "AYE."

>> AYE. ANY OPPOSED.

>> 4-1. >>> ANYTHING ELSE, ANGIE?

>> I WILL PASS IT OVER TO SERGEI.

>> REPORTS, ANNOUNCEMENT, LEGAL COUNSEL REPORT, DEPARTMENT CONCERNS. MR. PRESIDENT, WE DON'T HAVE

[H.1. (A) Docket No. PZ-2022-00002 A: VOWC Gas Station Appeal. The applicant seeks to appeal the 12/9/21 Determination Letter written by the Carmel Dept. of Community Services Director. The site is located at 2425 Harleston St. (part of Block B in Village of WestClay subdivision Section 6003-B). It is zoned Village of WestClay PUD/Planned Unit Development.Filed by Brenwick TND Communities LLC and Indy Holdings LLC, applicants.]

OKAY. I'M GOING TO -- WE HAVE ONE ITEM ON THE AGENDA. I WILL READ IS BOARD OF ZONING APPEALS PROCEDURES TO BE FOLLOWED FOR THE HOLDING OF THE PUBLIC HEARING. AND THESE WILL BE FOLLOWED.

THE PETITIONER SHALL MAKE HIS OR HER PRESENTATION AND ARE GIVEN UP TO 15 MINUTES WITH THE BURDEN OF PROVING ALL NECESSARY INFORMATION FOR CLEAR UNDERSTANDING OF THE APPLY APPLICATION FALLING UPON HIMMOR HER.

STATEMENT AND OR LETTERS THAT THE PUBLIC WILL BE HEARD ALONG WITH PUBLIC AGAINST THE PROJECT.

THAT ALSO -- THAT WILL BE A TOTAL OF 20 MINUTES.

PETITIONER MAY MAKE A BRIEFLY BUTTAL OF, THAT WOULD BE FIVE MINUTES TO ANY PUBLIC COMMENTS.

TO MAINTAIN ORDERLY PROCEDURE EACH SIDE SHOULD PROCEED WITHOUT INTERRUPTION BY THE OTHER SIDE.

FOLLOWING THE PUBLIC PETITIONER REBUTTAL, TACK REPORTS OR ADMINISTRATOR RECOMMENDATION CONCERNING THE APPLICATION WILL BE HEARD.

BZA MEMBERS WILL HAVE AN OPPORTUNITY TO QUESTION THE PETITIONER CONCERNING THE APPLICATION.

AS DEEMED NECESSARY MEMBERS MAY ALSO ASK FOR CLARIFICATION OF POINTS, MADE BY THE PUBLIC OR MAY REQUEST A LEGAL OPINION FROM THE BZA'S DO YOU KNOW CIVIL REGARDING ANY ASPECT OF THE PETITION.

CHAIRMAN SHALL ASK IF THE BZA READY TO PROCEED TO A VOTE AND CLOSE THE PUBLIC HEARING.

WE RECEIVED 115 EIS THAT CORRECT? 115 LETTERS WITH REGARD TO THIS PETITION.

HOW MANY ARE -- I WOULD ASK THAT THOSE PEOPLE WHO SENT IN A LETTER OR E-MAIL REFRAIN FROM SPEAKING TO NIGHT BECAUSE WE ALREADY HEARD YOUR POINT.

THAT -- WITH THAT, HOW MANY HERE TONIGHT WISH TO SPEAK EITHER IN FAVOR OR NOT REPRESENTED BY COUNCIL EITHER WISH TO SPEAK IN FAVOR OR AGAINST THIS

[00:05:01]

OKAY. THAT WOULD BE FINE.

THANK YOU. >> THE PEOPLE -- THE PARTIES THAT ARE REPRESENTED BY ATTORNEYS HAVE ASKED TO SPEAK FIRST. AND OUR COUNCIL HAS REQUESTED THAT AS WELL. AND THAT'S HOW WE WILL PROCEED. AND ANYONE AFTER THE PETITIONER REPRESENTED BY A COUNCIL THEY -- THAT WILL BE ALLOWED TO SPEAK SECONDLY. WITH THAT THE FIRST ITEM ON OUR AGENDA IS -- AS A MATTER OF FACT THE ONLY ITEM ON THE AGENDA TONIGHT IS DOCKET NUMBER BE Z-2022-00001A.

VOWC GAS STATION APPEAL. THE APPLICANT SEEKS TO APPEAL THE 12-9-231 DETERMINATION LETTER WRITTEN BY THE CARMEL DEPARTMENT OF P COMMUNITY SERVICES DIRECTOR. THE SITE IS LOCATED AT 2425HARLESTON STREET PART OF BLOCK B IN VILLAGE OF WEST CLAY SUBDIVISION. SECTION 60036HB.

IT IS ZONED VILLAGE OF WHESKLA PUD/PLANNED UNIT DEVELOPMENT. FILED BY BRENWICS, TND COMMUNITIES LLC AND INDY HOLDING LLC APPLICANTS.

WILL THE PETITIONER PLEASE COME TO IF MICROPHONE AND SPEAK. INTRODUCE YOURSELF PLEASE AND STATE THE AREA OF THE COMMUNITY IN WHICH YOU RESIDE. YOU HAVE TO TURN YOUR MIC ON, MR. HOUSTON. I'M TOM HOUSTON.

I'M A GENERAL MANAGER OF TND.

I'M NOT GOING TO DWELL UPON THE ARGUMENT.

I PRESENTED IT BY MEMORANDUM.

IT SPEAKS FOR ITSELF. THE ISSUE HERE IS NOT WHETHER GASOLINE SALES IN WEST CLAY IS A GOOD IDEA OR A BAD IDEA. THE ISSUE HERE DOES THE INFRASTRUCTURE HAVE AUTHORITY 2.2 OF OUR ORDINANCE LETTER WHICH AN AMENDMENT OF OUR ORDINANCE.

AND SECTION 2.2 SAYS THAT THE DISTRICT WILL BE GOVERNED EXCLUSIVELY BY THE TERMS OF THIS ORDINANCE.

OUR ORDINANCE. THERE WAS A REASON FOR THAT.

WEST CLAY IS SOMETHING THAT WAS INCONCEIVABLE TO MOST PEOPLE IN 1999. THERE WAS NO ORDINANCE PROVISION. THERE WAS NO ORDINANCE THAT EVEN -- YOU COULD HORSESHOE WEST CLAY INTO.

WE HAD DRAFT OUR OWN ORDINANCE, WE HAD TO TRY ANTICIPATE ALL OF THE ISSUES THAT COULD ARISE IN CONNECTION WITH THIS SORT OF UNUSUAL DEVELOPMENT.

WHAT WE WANTED TO AVOID WAS THE APPLICATION OF GENERAL ORDINANCE THAT MAY BE IN CONFLICT WITH THE PROVISIONS OUR ORDINANCE INADVERTENTLY. AND IF THERE IS A NEED, TO IMPOSE A NEW REQUIREMENT ON DEVELOPMENT, THE WAY TO DO IT IS OBVIOUSLY IS AMEND THE ORDINANCE.

AND THAT'S WHAT COUNCILMAN BURTON HAS PROPOSED TO DO.

THIS APPEARS TO US TO BE SIMPLY AN END RUN AROUND THE COUNCIL AND IT SEEMS THAT INAPPROPRIATE.

THE BASIS FOR THE DECISION LETTER IS THAT THE ORDINANCE IS SILENT AS TO CERTAIN SPECIFICATIONS AS TO CANCELLING SALES. BECAUSE IT'S SILENCE THE DIRECTOR CAN FILL IN THE BLANKS.

THAT'S THAT'S NOT THE WAY OUR SYSTEM WORKS.

IT WORKS ON THE BASIS OF RULE BASE SOCIETY THAT WE HAVE. AND SECONDLY, HE'S WRONG.

THE STATE OF INDIANA THROUGH THE DEPARTMENT OF HOMELAND

[00:10:04]

IT'S NOT LIKE SOMEONE WILL GO OUT THERE AND THROW SOME TANKS AROUND ONE OF THE MOST EXCLUSIVE PROCESSES IN THE WHOLE DEVELOPMENT OF FIELD. FUNDAMENTALLY, WHAT WE -- WE THINK IS -- WE'VE HAD GASOLINE SALES -- GASOLINE SALES HAD BEEN PERMITTED USE IN OUR ORDINANCE SINCE 1999.

WE HAVE FOLLOWED THE SAME PROCEDURES WE FOLLOWED WITH EVERY OTHER COMMERCIAL VENTURE IN THE VILLAGE WHICH SUBMIT A SITE PLAN, BUILDING ELEVATIONS TO THE ARCHITECTURAL REVIEW BARRED FOR THEM TO REVIEW AND APPROVE. OR MAKE CHANGES AND THAT WE'VE DONE. WE'VE OBTAINED APPROVAL OF THE ARCHITECTURE REVIEW BOARD.

THE SAME THING HAPPENED EVERY OTHER BUILDING HAS BEEN BUILT IN WEST CLAY. AND THIS IS THE FIRST TIME THAT THE DIRECTOR HAS TRIED TO SHOVE INTO THE MIDDLE AND DECIDE TO IMPOSE SILENCES. YOU KNOW, SILENCES -- THERE'S REASON FOR SILENCES.

ONE IS DELIBERATE. TWO BECAUSE IF YOU ARE 80 YEARS OLD YOU CAN BID. BUT THERE WAS NO INTENTION TO FOR THIS AND THAT WHEN WE DID THIS.

LIKE 22 YEARS AGO. IT'S NOT AS IF THE OBJECTION DON'T HAVE A REMEDY. THEY HAVE A REMEDY.

WHICH IS TO GO TO THE COUNCIL AND ASK THE COUNCIL TO AMEND OUR ORDINANCE IN RD BE.

IN THE DOWN AMENDS OUR ORDINANCE.

THAT'S THE END OF THE DISCUSSION.

BUT, I BELIEVE THAT IN CURRENT POSTURE, THE DIRECT OF'S LETTER OF DETERMINATION CONFLICTS WITH SECTION 2.2, THERE'S NO WAY YOU CAN RECONCILE THEM.

WE ALL KNOW IT'S BEEN AN ISSUE.

THE HEALTH AND SAFETY ISSUE. AND WE'VE NOT BEEN AVOIDING THAT ISSUE IN NOVEMBER I INDICATED TO THE COUNCIL THAT WE WERE IT'S OWL OF LINE -- RECOVER BETWEEN 90 TO 95% ON THE LINE. THAT'S AN ALTERNATIVE TO THE 500 FOOT. IN FACT IT'S A BETTER ALTERNATIVE. IF YOU ARE THREE FEET AT 500. YOU'RE IN A DIFFERENT POSITION THAN IF YOU ARE 498 FEET.

BUT I WOULD LIKE TO ASK FOR THE ARCHITECTURE TO EXPLAIN HOW THIS SYSTEM WORKS. WE'VE DEVELOPED COMMUNITIES ALL OVER IN CARMEL, WE'VE ALWAYS SAID YOU KNOW WHAT WE WERE GOING TO DO AND WE DID WHAT WE SAID.

NOW SOMEHOW THIS LATE IN LIFE, AT THE END OF THE DEAL WE WILL COME UP WITH A PROPOSAL TO POISON PEOPLE IS OUTRAGEOUS TRUE. WE HAVE A SOLUTION.

AND I WOULD LIKE YOU TO HEAR THAT.

>> I'M GORDON CLARK. I'M THE ARCHITECT FOR THE PRODUCT. I WOULD LIKE TO INTRODUCE

[00:15:01]

BUT WE HAVE TWO OF THE INDY HOLDINGS PARTNERS WITH US TONIGHT. MIKE SINGH AND PAUL SINGH.

AND I THINK MIKE WOULD LIKE TO COME UP IF YOU CAN GIVE HIM JUST A LITTLE BIT OF TIME.

AND SAY A FEW WORDS. >> IT'S ALL IN YOUR PRESENTATION. WHEN YOU'RE TIME IS UP.

IT'S UP. >> I THINK IT'S IMPORTANT THAT MIKE SPEAKS. IF WE CAN GIVE HIM A LITTLE

BIT OF TIME >> OKAY.

I WILL GO FIRST. AGAIN, I AM GORDON CLARK.

I WAS HIRED BY INDY HOLDING TO DO THIS PRO JIKT.

I HAVE BEEN ASKED TO PRESENT A LITTLE BIT OF INFORMATION REGARDING PETROLEUM SALES AND SOME OF THE ADVANCEMENTS AND COMMITMENTS THAT MY OWNERS ARE WILLING TO MAKE.

FIRST, WHEN I STARTED DOING SOME WORK NOT ONLY IN PETROLEUM SALES BUT IN WORKING WITH GASOLINE STATIONS AROUND HERE. THAT'S NOT THE ONLY THING I DO. I'VE DONE A LOT OF PROJECTS IN CARMEL AND EVERYWHERE. I LEARNED ABOUT PETROLEUM, THE COMPLEXITY OF PETROLEUM DELIVERIES LET'S SAY.

I DID THAT, ACTUALLY, WAY BACK WHEN I NEEDED A LITTLE BIT OF WORK. I TAUGHT MYSELF TO DO IT.

THE BIGGEST SURPRISE I HAD WHEN I STARTED DOING A LOT OF WORK FOR TONIGHT'S PRESENTATION, IS FACT THAT GASOLINE STATIONS, YES, THEY DO PRESENT CERTAIN AMOUNT OF PROBLEMS, BUT THEY ALSO ARE NOT THE WORST THING.

THE THING THAT SURPRISED ME THE MOST IS THE MOST DANGEROUS AREA TO GET EXPOSED TO BENZINE IS LIVING IN A HOUSE WITH AN ATTACHED GARAGE.

ALL OF OUR HOUSES THAT HAVE ATTACHED GARAGES OUR CARS OUT GAS PETROLEUM AND SPECIFICALLY BENZINE.

SECONDLY, I LEARNED THAT MOST OF OUR HOUSES HAVE LOTS OF BENZINE IN FURNITURE PRODUCTS, AND CARPET.

ALL THE GLUES AND EVERYTHING ARE MADE OF BENZINE.

YOU'VE NO DOUBT BEEN IN NEW HOUSES THAT OUT GAS LOTS OF BENZINE. AND FINALLY THE WORST CULPRIT FOR BENZINE IS CIGARETTE SMOKE.

WE'VE ALL BEEN AROUND THAT. I WANT TO TALK MORE SPECIFICALLY ABOUT OUR PROJECT.

AS EYE BEEN GOING AROUND THE COMMUNITY TALKING TO PEOPLE, I AM SURPRISED THAT THE MISS INFORMATION ABOUT THE SIZE OF OUR STATION -- I DON'T THINK I TALKED TO ANYBODY THAT QUITE UNDERSTANDS WHAT IT IS WE CAN DO THERE AT THE CORNER. THAT'S A SMALL SITE.

WE HAVE A LITTLE BIT OVER AN ACRE AND THE LAST PEOPLE THAT WERE THERE. FAILY HAD AN APPROVED GASOLINE STATION THAT ALSO INCLUDED A LARGE CAR WASH.

THIS WILL NOT BE A GAS STATION WITH NINE OR TEN PUMPS. TOTAL O -- OF FOUR PUMPS.

AND NO CAR WASH. THE CAR WASH IS ELIMINATED.

I WANT TO MAKE THAT REALLY CLEAR.

THIS IS A SMALL GASOLINE STATION.

I HAVEN'T FOUND ANYBODY THAT REALLY QUITE UNDERSTANDS THAT AROUND HERE. AS TOM SAID OUR CLIENTS ARE WILLING TO BUILD STATE OF THE ART GAS STATION.

WHAT IS STATE OF THE ARTGATION STAYS.

WE WILL ADHERE TO CALIFORNIA STANDARDS WHICH HAS BY FAR THE HIGHEST LEVEL OF GASOLINE REQUIREMENTS IN THE WHOLE COUNTRY. OUR CLIENTS COMMIT TO GO TO THOSE STANDARDS AND THEREFORE EXCEED INDIANA GASOLINE STATION STANDARDS. FOR OUR GASOLINE PUMPS.

I WANT TO TALK BRIEFLY ABOUT SOME OF THE DRASTIC ADVANCEMENT THAT HAVE BEEN MADE.

EVEN SOME OF THEM HAVE BEEN AROUND FOR A LONG TIME.

THE BIGGEST ADVANCEMENT AROUND GASOLINE STATIONS IS IN OUR OWN PRIVATE VEHICLES. THE CLEAN AIR ACT OF 1990

[00:20:07]

UNLESS YOU'RE IN AN UNUSUAL AREA OR MISMANAGED GASOLINE.

YOU WILL COLLECT EVERYTHING. IF YOU REMEMBER FUELLING THE CAR THE LAST TIME. THERE'S A BIG BOOT THAT KIND OF GOES OVER YOUR GASOLINE TANK OPENING.

AND YET IT I THE SYSTEM SUCKS AIR BACK INTO THIS CANISTER. AD IT'S BEEN EVAPORATED.

THIS HAS ELIMINATED THE NEED FOR GASOLINE STATION VAPOR RECOVERY AT THE PUMPS. THEY HAVE NOT EVER BEEN TAKEN AWAY. YOU HAVE DOUBLE SYSTEMS. YOUR OWN VEHICLE HAS UNBELIEVABLE SYSTEM THAT DOES 99.5% OF THE WORK. BUT YET WE ARE REQUIRED BY THE FEDERAL AND STATE AGENCIES TO HAVE VAPOR RECOVERY AT IF PUMP. WHAT I WOULD -- WHAT DO I DO

ABOUT THAT? >> WRAP UP NOW.

THEN I WILL CUT TO -- I HAVE QUITE A BIT MORE IN THE WAY OF WONDERFUL ADVANCES WITH GASOLINE STATIONS.

LOOKS LIKE I WON'T BE ABLE TO DO THAT.

I HAVE ANOTHER PART. AND I WILL GO REAL FAST.

WE RECEIVED OUR CONTRACT FOR THIS IN JUNE O2021.

WE HAVEN'T HEARD ANYTHING ABOUT A 500 FOOT SET BACK UNTIL DECEMBER 9TH, 2021. WE HAVE PRODUCED AN ENTIRE.

YOU HAVE CAST OUR CHECKS. WE HAVE -- MY CLIENT ACTUALLY HAVE JUST IN THE PROFESSIONAL FEES, SO FAR AROUND 80,000. THEY HAVE EXPENSES IN THE PURCHASE. THEY HAVEN'T CLOSED ON THE LOT. BUT THEY HAVE EXPENSES IN THE DUE DILIGENCE FOR PURCHASING THE LOT.

WE DIDN'T LEARN OF ANYTHING ABOUT 500 FEET UNTIL WE WERE BASICALLY FINISHED WITH OUR DRAWINGS.

THANK YOU. NOW GOING TO ALLOW THE REMONSTEROR TO RESPOND. TO APPROACH THE MICROPHONE

AND SPEAK. >> CAN I INTRODUCE MY

CLIENT? >> RESPONDENT.

>> GOOD EVENING MEMBERS OF THE BOARD.

I'M THE SIGNATURE OF THE LETTER THAT BROUGHT US HERE THIS EVENING. ALSO THE DIRECTOR ON THE DEPARTMENT OF COMMUNITY SERVICES FOR THE CITY.

[00:25:02]

IT'S WHETHER OR NOT THE LETTER THE DIRECT DETERMINATIONS PROPERLY WRITTEN AND THE PROPER DECISION. THERE'S A LOT THAT I AGREE WITH MORE HOUSTON ON IN GENERAL.

I THINK IT'S VERY SAFE TO SAY THE CITY SUPPORTED THE VILLAGE SINCE ITS INCEPTION. AND I FEEL LIKE WE'VE BEEN A GOOD PARTNER WITH THE VILLAGE.

VERY SUPPORTIVE. IF YOU CONSIDER HOW THE VILLAGE HAS DWREN OVER THE LAST 20-PLUS YEAR.

IT WASN'T REALLY ACCEPTED WELL BY THE MARKETPLACE INITIALLY. THE VILLAGE WAS TALKED AWAY.

DIDN'T MAKE SENSE TO A LOT OF PEOPLE.

MADE SENSE TO THE CITY. AND MADE SINCE TO BRIANWICK.

FOR THE MOST PART I MEAN THE PLAN THAT WAS PRODUCED IN 1999 WE USE IT TO SHOW VISITORS, YOU KNOW, AS THE GOOD EXAMPLE OF DESIGN, BEAUTIFUL ARCHITECTURE, I MEAN ALL OF THE THINGS THAT THE CITY STANDS FOR AS WELL.

THE PLAN HAS CHANGED OVER THE YEARS.

UPTOWN WAS NOT A PART OF THE ORIGINAL VILLAGE.

YOU KNOW THE PUD HAS BEEN AMENDED SIGNIFICANTLY ON TWO DIFFERENT OCCASIONS. THAT ULTIMATELY RESULTED IN THE PLAN THAT'S BEEN BUILT UP TO THIS POINT.

THE CITY EVEN THOUGH WE SUPPORT THE VILLAGE AND WE'VE TRIED TO HELP IN EVERY WAY WE CAN, AND NOT BY GETTING INVOLVED IN THEIR BUSINESS FOR THE MOST PART UNLESS IT WAS PERMIT INSTEAD.

ALTHOUGH THERE'S INSTANCES IN THE PAST WHERE THIS CITY HAD TO DO A DETERMINATION ON AN ISSUE WHERE IT MAYBE IT WAS A LITTLE BIT CLOUDY OR DISAGREEMENT WITH RESIDENTS.

IN 2014, THERE'S A DIRECTOR'S DETERMINATION ON STORAGE BUILDING THAT BURNED DOWN.

WE MAIL THAT LETTER TO THE NEIGHBORS AND LET THEM KNOW THAT THEY HAVE 30 DAYS TO APPEAL THIS.

THERE WAS NO APPEAL OF THAT DETERMINATION.

IN 2017 DISAGREE HOW BROKENWICK WAS USING SOME OF THE PUBLIC SPACE. RESIDENTS WERE EFFECTED BY COMMERCIAL USE OF A PARTICULAR GREEN SPACE IN ONE OF THE RESIDENTIAL AREAS WE SUPPORTED THE RESIDENT AND DETERMINED THEY WOULDN'T BE ALLOWED AND A DETERMINATION WAS MADE. IT WAS ISSUED AND THE NEIGHBORS AND THERE WAS NO APPEAL.

I THINK THOSE ARE IN YOUR PACKET.

IF YOU DID READ THOSE THEN YOU WILL SEE THAT THERE'S SOME THOUGHT THAT GOES INTO THOSE DETERMINATIONS AND IT'S NOT JUST MADE MADE WILLY NILLY.

THE DETERMINATION THAT YOU WILL HERE TONIGHT.

I KNOW THERE'S A LOT OF INFORMATION ABOUT GAS STATIONS AND WHETHER OR NOT IT'S SHOULD BE ALLOWED OR NOT. THAT'S NOT REALLY THE QUESTION THAT YOU ARE HERE TONIGHT.

WE JUST HAPPEN TO DISAGREE WITH MR. HOUSTON ON THAT POINT. IT GIVES THE OPPORTUNITY TO FILL IN THE BLANKINGS. I'M PARAPHRASING, BUT WHEN THE PUD IS SILENT. WE PUD IS SILENT.

I FEEL LIKE THE LETTER THAT YOU HAVE BEFORE YOU IS THE

[00:30:05]

I'M HAPPY TO ANSWER ANY QUESTIONS AFTER THE PUBLIC HEARING. THAT'S MY PRESENTATION.

THANK YOU. DOES THE RESPONDENT -- DOES ANYONE WANT TO SPEAK FOR THE RESPONDENT?

>> YES, I WOULD LIKE TO SPEAK.

>> GO AHEAD. >> I'M ANGIE KAHN.

PLANNING ADMINISTRATOR WITH THE DEPARTMENT OF COMMUNITY SERVICES. I WANTED TO WALK YOU THROUGH A LITTLE BIT HOW AND WHY THE PLANNING DIRECTOR MADE THE LINK FROM THE PUD TO THE UNIFIED DEVELOPMENT ORDINANCE. IN THE PUD ORDINANCE FOR VILLAGE OF WEST CLAY THERE'S SET AREA FOR STRUCTURES IN THE PERIPHERAL RETAIL AREA WHERE THE SITE IS LOCATED.

THERE'S A BUILD TO LINE OF TEN FEET.

AND ALSO IN THAT PUD ORDINANCE, THERE'S A STATEMENT STATING THAT WHERE THERE ARE GASOLINE SALES PERMITTED, THAT PUMPS AND LIGHT STANDARDS MAY BE LOCATED IN ANY YARD. AND THAT'S ALL IT SAYS.

THERE'S NO SET FOOT SET BACK FROM A PROPERTY LINE OR ANYTHING LIKE THAT. IN 2013 THERE WAS AN ORDINANCE AMENDMENT REGARDING PLANNED UNIT DEVELOPMENT WHICH BASICALLY SPOKE TO WHAT I REFERENCED EARLIER. IN 2021 THAT'S WHEN THE 500 FOOT SET BACK WAS ADOPTED FOR THE UNIFIED DEVELOPMENT ORDINANCE. IT'S IMPORTANT TO NOTE THAT PRIOR TO THAT THERE WAS ACTUALLY SET BACK OF 80 FEET. BEFORE THAT AROUND THE TIME WHEN THE PUD FOR VILLAGE GS ADOPTED THERE WAS A SET BACK REQUIREMENT FOR PUMPS OF 30 FEET FROM RESIDENTIAL PROMPT. AGAIN, IT HAS ALWAYS BEEN ON THE RECORD FOR REFERENCE. THEN I DID WANT TO KEEP THIS FAIRLY SHORT. OTHERS MAY SPEAK.

WITH OUR FINDING -- FINAL CLOSING COMMENTS, AS I STATED. A LOT HAS CHANGED SINCE THE ORIGINAL ADOPTION IN 1999. ORDINANCES HAVE BEEN AMENDED. DEVELOPMENT PLANS HAVE BEEN AMENDED. AS MIKE STATE FORD UPTOWN AREA VILLAGE OF WEST CLAY THAT WAS ADOPTED.

THE RISK ASSOCIATED WITH BENZINE AND GAS STATION HAVE BEEN BROUGHT TO LIGHT. CIRCUMSTANCES CHANGE AND ISSUES EVOLVE. AND SO WITH MIKE'S DETERMINATION LETTER THAT'S NOT SOMETHING OUT OF THE ORDINARY. HE HAS WRITTEN SEVERAL FOR THE YEARS AND AS HE STATED BEFORE, TWO WERE WRITTEN ABOUT CERTAIN INSTANCES WITHIN THE VILLAGE OF WEST CLAY ITSELF. MIKE HAS WRITTEN DETERMINATION LETTERS OF OTHER PUD ORDINANCES.

SUCH AS TRADITIONS AND PUD FOR AN EXAMPLE.

IN THIS INSTANCE, THE VILLAGE OF WEST CLAY PUDS SILENT. THAT STANDARD FOR APPROPRIATE SETBACKS FROM RESIDENTIALLY ZONED PROPERTY AND THAT'S WHEN THE DIRECTOR FELT HE SHOULD STEP IN AND CONSULT THE UDO FOR GUIDANCE.

WITH THAT, THE PLANNING DEPARTMENT DOES RECOMMEND THAT THE BZA VOTES TO DENY THE APPEAL AND UPHOLD THE DIRECTOR'S DETERMINATION. THANK YOU.

>> THANK YOU. IS THERE ANYONE IN THE AUDIENCE WHO IS REPRESENTED BY COUNCIL? PLEASE COME FORWARD, SIR. STATE YOUR NAME AND WHO YOU

REPRESENT. >>> THANK YOU.

>> I BROUGHT SOME HANDOUTS IF I MAY TO DELIVER.

I DO HAVE COPIES FROM THE PETITIONER IF YOU WANT A COPY. MR. SECRETARY, WHY HE'S DOING THAT WOULD YOU ANNOUNCE HOW MUCH TIME IS LEFT FOR HIS PRESENTATION. HOW MUCH TIME OUT 20 MINUTES

[00:35:05]

AND ANGIE. >> MR. CHAIRMAN, I HAVE A POINT OF ORDER OF CLARIFICATION.

I HAVE A POINT OF CLARIFICATION.

JUST TO BE CLEAR, YOU INDICATED THAT YOU GAVE 15 MINUTES TO RESPOND AND AS WELL.

SINCE THIS IS A PORTION OF A PUBLIC COMMENT, DOES THE

TIME RESET TO ZERO? >> MY UNDERSTANDING IS THAT THE -- THOSE IN THE AUDIENCE, SPEAKING IN FAVOR OF AGAINST HAVE HAVE 20 MINUTES TOTAL.

THAT'S WHY I ASK HOW MUCH TIME IS LEFT.

>> MY NAME KEVIN KOONZ. I REPRESENT CORY AND JACKIE PHILIPS WHO ARE RESIDENTS OF THE VILLAGE OF WEST CLAY.

NO ONE IS ARGUING HEAR GASOLINE SALES ARE NOT A PERMITTED USE. WHAT'S BEFORE YOU IS LEGAL QUESTION, ABOUT WHETHER OR NOT THE 500 USE SEPARATION REQUIREMENT APPLIES TO THIS PARTICULAR PARCEL.

I AGREE WITH WHAT MISS KAHN. I WANTED TO ADD THE FEW THINGS TO THAT. IF YOU LOOK AT YOUR PACKET, I WOULD LIKE TO WALK THROUGH MY PRESENTATION HERE.

500 FOOT SET BACK. AND I WANT ADDRESS TWO CLAIMS OF THE DEVELOPER MADE IN HIS WRITTEN PRESENTATION AND HIS MEMO. THE FIRST ONE THE UDO IS ENTIRELY SEPARATE ORDINANCE. THEY ARE LINKED AS MISS KAHN POINTED OUT. THE LINK IS IN SECTION 9.05.

PLANNED UNIT DEVELOPMENT WHERE IT SAYS THAT THE FOLLOWING PROCEDURE APPLIES TO PROPOSAL TO ADOPT OR TO AMEND A PUD ORDINANCE. AND THEN IT GOES ON TO SAY THAT THE DISTRICT ORDINANCE PUD ORDINANCE THE GOVERNING DOCUMENT FOR DEVELOPMENT AND THEN IN SUBSECTION, A-4C IS WHERE THIS LANGUAGE ABOUT THE UDO FILLS IN THE GAPS.

OR THE UDO PROVIDES DEVELOPMENT STANDARD FOR THE PUD DISTRICT ORDINANCES IS SILENCE.

IT SAYS, THE UNIFIED DEVELOPMENT ORDINANCE SHOULD GUIDE WHERE IT THE SILENT. IT'S IMPORTANT TO NOTE THE HISTORY OF THIS. MISS KAHN INDICATED THAT WE LOOK AT PAGE THREE OF MY HANDOUT THIS GAP FEELING LANGUAGE WHERE THE PUD DISTRICT ORDINANCE IS SILENT WAS FIRST BROUGHT ABOUT IN 2013.

THE LANGUAGE EYE HIGHLIGHTED IN SUBSECTION A IS PRETTY IMPORTANT. BECAUSE IT SAID IT APPLIES TO PROPOSALS TO ADOPT OR AMEND PUD ORDINANCE.

AND AS WE LEARNED AS IN THE DEPARTMENT'S OUTLINE IN THEIR STAFF REPORT, THERE'S A PRETTY GOOD TIME LINE IN THERE THAT SHOWS ON MY NEXT PAGE, THAT THE PUD AMENDED IN 2016. IT'S THIS GAP FEELING LANGUAGE APPLIES, TO THIS PARTICULAR PUD AND EYE GOT THAT RIGHT THERE. IT'S AN ORDINANCE OF COMMON COUNCIL OF THE CITY OF CARMEL AMENDING THE WEST CLAY VILLAGE PUD. AND IT WAS THAT AMENDMENT FOR THAT PARTICULAR PARCEL THAT USED TO BE SENIOR HOUSING AND WAS AMENDED TO BECOME COMMERCIAL USE.

WHICH WOULD INCLUDE GAS STATION SALES.

THERE'S STILL THE IDEA THAT THE WHERE THE PUD IS SILENT ON A PARTICULAR INSTANCE, THEN YOU LOOK TO THE UDO FILL THAT GA WHERE THERE'S A GAP.

THERE'S A GOOD REASON FOR THAT.

THAT IS WHEN YOU LOOK AT THE OVERALL STRUCTURE OF OUR STATUTORY SCHEME. THE STATE AT THE THE STATE STATUE HAS TO PROVIDE THE PUD AS GENERAL IN DEVELOPMENT STANDARDS OR DETAILED IN GENERAL STANDARDS. AND THAT STATUTE IS

[00:40:04]

THAT'S WHERE THE GAP FILLING GAP FEELING LANGUAGE COMES INTO PLACE. IF THERE'S SILENCE WE LOOK TO UDO TO FILL THAT GAP. IF YOU TURN TO PAGE 6 OF MY HANDOUT, THE NEXT ARGUMENT ON ADDRESS IS THE FACT THAT THE PUD ORDINANCE IS SPECIFIC WITH RESPECT TO GAS STATION SALE. THERE'S SOME SPECIFIC STANDARD THAT RELATE TO GAS STATIONS.

BUT HE'S ASKING THE WRONG QUESTION.

IT'S NOT WHETHER OR NOT THERE'S SOME SPECIFIC REQUIREMENT BUT WHETHER THE PUD IS SILENT ON A PARTICULAR INSTANCE. THE UDO SHALL GOVERN INSTANCES WHERE THE PUD DISTRICT ORDINANCE IS SILENCE. HERE'S THE INSTANT HOW FAR BACK TO GAS PUMPS TO HAVE TO LOCATED FROM RESIDENTIAL ZONED OR USED PROMPT. IT'S NOT WHETHER OR NOT THEY CAN BE LOCATED IN A YARD OR ANY YARD OR WHETHER THEY HOW FAR THEY ARE SEPARATED FROM RESIDENCY ZONED PROPERTIES.

HERE THE PUD ONLY ADDRESSES WHERE WHETHER PUMPS CAN BE IN YARDS. IT SAYS THEY CAN BE LOCATED IN ANY YARD BUT IT'S POSSIBLE TO HAVE A COMMERCIALLY ZONED PROPERTY THAT MORE THAN 500 FEET AWAY FROM RESIDENTIAL ZONED PROPERTY AND, YES, YOU CAN PUT GAS PUMPS IN ANY YARD ON THAT PARTICULAR PARCEL.

THE GAS PUMPS HAVE TO BE LOCATED 500 FEET FROM ANY RESIDENTIALLY ZONED PROPERTY.

WHERE IS THE PU DU SPE THE DISTANCE THAT'S REQUIRED TO SEPARATE THE GAS PUMP FROM A RESIDENTIAL ZONED PROPERTY.

AND THE ANSWER IS IT DOESN'T.

IT'S SILENT. AND SO THE UDO SUPPLIES THAT GAP THAT GETS FILLED. THIS IS NOT A UNIQUE SITUATION FOR THE VILLAGE OF WEST CLAY.

ON PAGE 8 OF MY HAND OUT I'VE GOT SOME OTHER EXAMPLES. ONE OTHER EXAMPLE WITH RESPECT TO BIKE RACKS. IN VILLAGE OF WEST CLAY SECTION 14.4, THAT BIKE RACKS SHALL BE PROVIDED IN THE VILLAGE CENTER OR THE PA PERIPHERAL RETAIL AREA IN THE DEVELOPMENT. IT PROVIDES FOR BIKE RACKS BUT THE QUESTION IS HOW MANY? AND WHERE ARE THEY LOCATED. WELL, IT'S SILENT AS TO THOSE ISSUES. WHAT THE CARMELEL HAS DONE IN THE PAST LOOKED TO UDO TO FILL THAT GAP.

AND IN THE INDEX OF EXHIBITS THAT I'VE ATTACHED.

THAT'S A TAB 7. THERE'S AT LEAST 6 DIFFERENT EXAMPLES OF WHERE CARMEL HAS USED THE UDO TO FILL IN THE GAP IN THE VILLAGE OF WEST CLAY PUD TO SPECIFY HOW MANY BIKE RACKS SHOULD BE REQUIRED AND WHERE THEY SHOULD BE LOCATED. IT'S NOT A NEW CONCEPT FOR THE VILLAGE OF WEST CLAY PUD.

WITH THAT, SUBMIT THAT THE DIRECTOR'S DECISION WAS PROPER AND WE WOULD REQUEST THE BZA TO DENY THE APPEAL AND UPHOLD THE DIRECTOR'S DECISION.

THANK YOU VERY MUCH. THERE WAS A MEMBER OF THE AUDIENCE THAT RAISED THEIR HAND WHO WISHED TO SPEAK.

MADAM, IF YOU WOULD COME UP AND STATE YOUR NAME AND THE AREA OF THE COMMUNITY WHICH YOU LIVE.

I'M GOING TO ALLOW YOU THREE MINUTES TO SPEAK.

GO AHEAD. >> I WILL NOT WASTE A SECOND

MORE. >> I'M A RESIDENT OF THE VILLAGE OF WEST CLAY. I SPENT TWO YEARS RESEARCH THE NEGATIVE HEALTH IMPLICATIONS OF BENZINE.

THES NOEL FROM THE PUMP AND THE EXHAUST FROM CARS.

STUDIES HAVE SHOWN THERE'S NO SAFE LEVEL OF EXPOSURE TO

[00:45:04]

HOWEVER I UNDERSTAND WE'RE NOT HERE TO TALK ABOUT BENZINE. OR WHY PLACING A GAS STATION TERRIBLE IDEA. WE ARE HERE PETITIONER BELIEVE THE DIRECTOR'S DETERMINATION WAS INCORRECT.

THEY WISH TO FULLFILL THEIR PLAN TO BUILD A GAS STATION ALTHOUGH IT WOULD INCREASE THE RISK OF CANCER IN RESIDENTS NEARBY. WHAT IS PROPOSED TODAY IS 88 PUMPS, 5,000 SQUARE FEET CONVENIENT STORE.

WHICH IS NOT A PART OF THE ORIGINAL PLAN.

A GAS STATION WAS INDEED AN OPTION IN THE ORIGINAL PLAN AS WAS CHURCH. VIDEO RENTAL STAR AND MANY OTHER RETAIL OUTLETS THAT NEVER CAME TO BE.

THE LACK OF GAS STATION IS NOT PREVENTING THE ORIGINAL PLAN FROM COMING TO FRUITION.

IN FACT, WHATEVER PROVISION THE PETITIONER HAD DEVIATED IN TIME OVER THE PAST 23 YEARS.

THE PUD HAS BEEN MODIFIED SEVERAL TIMES.

THE MOST RECENT PUD CHANGE WAS AND I QUOTE IN RESPONSE TO ECONOMIC AND MARKET CONDITIONS THAT REQUIRE REEVALUATING THE CURRENT LAND USES HOWEVER, NOW THAT SCIENCE HAS ADVANCED AND CITY ORDINANCE ADAPTED TO PROTECT RESIDENT NOW HE APPLIES THE REEVALUATION OF LAND USE IS UNACCEPTABLE. THE PETITIONER HAS AMENDED PUD IN REGARD TO IMPACTING THE RESIDENT AND SURROUNDING COMMUNITY. SO MUCH SO THAT DESPITE BEING MADE AWARE OF THE NEGATIVE HEALTH IMPLICATION OF GAS STATIONS IN THE STRONG OPPOSITION IN WHICH A VILLAGE OF WEST CLAY VILLAGE SHOW 1,000 OPPOSED THE GAS STATION. THE PETITIONER STILL PURSUED ONE. INCREASE RISK OF CANCER.

NOW THAT CHANGE AND PROGRESS ARE HAPPENING OUTSIDE.

IT'S UN-FARE. NOW THE COMMENT AND REGARD TO THE COMPETENCY OF THE CITY AND WHAT APPEARS TO BE THEY HAVEN'T READ THE PUD. OUR COUNCIL AND I HAVE HAD MANY MEETINGS WITH THE CITY. AND I CAN ASSURE YOU THEY ARE BOTH COMPETENT AND HAVE INDEED READ THE PUD.

THERE'S DECISION WAS LEGALLY SOUND AND IN INTEREST OF THE CITY. PETITION HIMSELF ONCE WROTE CITIZEN MUST BE ALERT TO ADMINISTRATION EVERY DAY IN DAY-TO-DAY. AND OBJECT THROUGH ALL AVAILABLE CHANNELS WHEN THE EVIL EYE AND THE HAND ARE THE ADVANTAGE OF SOME AT THE EXPENSE OF OTHERS.

THIS IS US OBJECTING TO EVIL EYE IN THE EVIL HAND.

THANK YOU FOR YOUR TIME AND CONSIDERATION.

>> THANK YOU VERY MUCH. >> ACCORDING TO OUR RULES AS WE STATED EARLIER. THE PETITIONER CAN MAKE A BRIEFLY BUTTAL AT THIS POINT.

A FIVE-MINUTE REBUTTAL. >> WHEN THE DIRECTOR REFUSES TO PREVIOUS IN WHICH HE HAD DECISION LETTER AND WE DIDN'T APPEAL THAT'S BECAUSE WE DIDN'T FEEL LIKE IT WAS -- WE THOUGHT ITS RESEASON RBL TERMS AND WE WANTED TO ACCOMMODATE THIS. WE FIGHT ANYONE THAT MAKES MINOR CHANGE. WE'RE TRYING TO COOPERATE WITH EVERYBODY. THE BASIC OBJECTION HERE HAS BEEN THE BENZINE. WE ARE TALKING ABOUT 8 TO 100,000 WORTH OF TECHNOLOGY TO RECAPTURE 90 TO 95% OF THE BENZINE EMISSIONS IN VAPORS ON THE SITE.

THAT'S THE CONTINUE UNDER WHICH I AGREE TO SELL THE PROPERTY. IT HAS TO BE INSTALLED.

AND SO I DON'T THINK THAT WE NEED TO GET INTO WHO DID WHAT WHEN. WE'RE TALKING ABOUT HERE TODAY. THE ONLY REASON I FILED THIS APPEALS BECAUSE I FELT LIKE IT CROSSED THE LINE BY TRYING TO INCORPORATE A GENERALIZED ORDINANCE INTO OUR ORDINANCE. AS FAR AS DEALING WITH THE BENZINE, ALL ANYONE HAS TO DO.

I COULD HAVE PICKED UP THE PHONE AND SAID WE HAVE THE PROBLEM. WHAT ARE YOU GOING TO DO.

HOW CAN WE SOLVE IT? >> AS SOON AS I READ IN THE

[00:50:01]

I THINK IT WILL BE INVOLVED. SOME PEOPLE SIMPLY SOME ARE AGAINST THE NOTION YOU SHOULD GASOLINE SALES IN THE COMMUNITY. WHEN WE STARTED ON THIS.

WE WENT AND LOOKED AT DIFFERENT PLACES.

AND ONE OF THE THINGS WE DECIDED IS WE WANTED TO HAVE WHAT'S KNOWN AS NEIGHBORHOOD RETAIL.

THERE'S A SHELL STATION THAT'S BEEN THERE FOREVER.

I LIVED THERE FOR 40 YEARS. IT'S ONE BLOCK FROM MILLION AND A HALF DOLLAR MANSIONS. IT'S WITHIN 400 FEET OF THE GOVERNOR'S MANSION. AND ALSO ON THAT CORNER EQUIVALENT OF THERE'S A LAUNDRY, DRY CLEANER AND BARBER. WE THINK IS AN ESSENTIAL NEIGHBORHOOD AMENITY. PEOPLE SAY YOU CREATED THIS.

WE DID THAT FOR ONE REASON. WE HAD DEMAND FOR USES LIKE BANK DRIVE THROUGHS, THAT WE COULD NOT ACCOMMODATE IN THE VILLAGE CENTER AND MAINTAIN THE ARCHITECTURAL INTEGRITY OF THE VILLAGE CENTER. IN ORDER TO PERMIT THAT THREE BANKS THAT WANTED TO COME HERE, WE HAD TO CREATE A NEW DISTRICT WITH A NEW STANDARD AND THAT WAS FOR THE LARGE BOX OR LARGER RETAIL TYPE USER.

NONVILLAGE CENTER TO USERS. I DON'T THINK IT SHOULD BE HELD AGAINST US. SHOE HORN IT IN HERE.

I'M NOT GOING TO SPLIT MY THROAT IF THE COUNCIL VOTES TO AMEND OUR ORDINANCE. I AM GOING TO BE VERY DISAPPOINTED IF THIS APPEAL IS REJECTED.

I THINK IT MEANS WHAT IT SAYS.

AND BASED ON THAT ALONE. I DON'T THINK IT'S PROPER AUTHORITY FOR THE DIRECTOR TO PROPOSE DEVELOPMENT STANDARDS NEW DEVELOPMENT STANDARDS IN THE VILLAGE.

I GUESS MY PLEA IS, I THINK WE OUGHT TO FOLLOW.

WE OUGHT TO BE ALERT TO RULE BASED PROCESS.

AND WE ALL KNOW FOR THE LAST FOUR YEARS, PEOPLE HAVE BEEN CUTTING CORNERS THROWING OUT RULES.

THERE'S A PROCESS THEY NEED TO FOLLOW.

TALK TO YOUR COUNCILPERSON. AND THAT THE REMEDY.

NOT TO COME FOR THE DIRECTOR.

ISSUING A DECISION LETTER. THANK YOU.

>> DOES STAFF HAVE AN ADDITIONAL REPORT?

>> NO, WE DON'T. MEMBERS OF THE BOARD, IT'S

YOUR TURN. >> YES, LEO.

>> JUST ONE QUESTION FOR THE ATTORNEY.

KEVIN. YOU COULD APPROACH I JUST HAVE A QUESTION ON PAGE IT'S A DOCUMENT IMPLEMENTED THERE. IS THAT FROM THE ORIGINAL

PUD? >>

>> THAT'S FROM THE CURRENT UDO.

>> AND THEN P -- THE INSTANCE WHERE THE ORDINANCE IS SILENT. THAT LANGUAGE -- THAT'S

CURRENTLY IN THE UDO. >> THAT'S NOT IN THE PUD?

>> WHAT IS IN THE PUD AS THE GOVERNING SOURCE?

>> I BELIEVE I DON'T KNOW IF I HAVE COPY OF THAT.

[00:55:02]

>> DOES STAFF HAVE THAT? COULD YOU JUST REFERENCE

THAT PAGE? >> IT'S ACTUALLY IN THE SAME SECTION 2.2 THAT MR. HOUSTON SPOKE TO.

SHALL BE GOVERNED BY THE PROVISIONS OF THE PUD.

BUT I GOES ON TO SAY WITH THE EXCEPTION OF PROVISIONS OF THE SUBDIVISION CONTROL ORDINANCE THE ZONING ORDINANCE, AND THE SIGN ORDINANCE SPECIFICALLY REFERENCED WITHIN THIS ORDINANCE.

THAT SECTION THAT SAYS FOLLOW THE PUD SAYS UNLESS THERE ARE SITUATIONS WHERE THE SUBDIVISION CONTROLLER ORDINANCE OR THE SIGN ORDINANCE WOULD APPLY.

>> I'M ALLEN TOWNSEND. 111 MONUMENT CIRCLE.

SERVING AS COUNCIL FOR PLANNING DIRECTOR'S OFFICE.

I WAS HERE IN 199 AS THE MEMBER OF THE PLANNING COMMISSION. I WORKED ON PUD.

WERE YOU HERE THAT NIGHT WHEN WE APPROVED VILLAGE OF WEST CLAY? WAS THERE ANYONE ELSE?

>> I TELL YOU THERE'S A TREMENDOUS AMOUNT OF WORK.

WE KNEW THERE WOULD BE GAPS. >> I CAN'T TELL YOU HOW MANY PAGES OF DOCUMENTATION THAT I WENT THROUGH BEFORE I MADE THAT VOTE. IT WAS A STACK AT LEAST THAT HIGH. WE KNEW AS I MENTIONED THAT THERE WAS GOING TO BE GAPS. I DON'T KNOW IF YOU REMEMBER IN ANY OF THAT. THERE WAS A LOT OF CONCERN ABOUT THIS PROJECT. BUT WE WANTED TO WEST CARMEL

TO DEVELOP. >> THAT'S WHAT WE THOUGHT WE WOULD GET. WHEN WE AGREED.

THAT CHANGES WITH TIME. FROM MY STAND POINT, I DON'T I'M PROUD THAT WE MADE THIS DETERMINATION BECAUSE IT'S WHAT THE PURPOSE OF THE UDO AND REFERENCE OF UDO WAS IN TO BEGIN WITH. I'M SURPRISED IT GOT TO THIS POINT. I'M KIND OF READY TO ROLL.

I WILL MAKE A MOTION. >> HOLD ON TO THAT.

>> ANYONE ELSE WISH TO SPEAK?

ANY MEMBER, KENT? >> LEO, YOU ARE ON.

>> BEFORE YOU WOULD DO. ALL MOTIONS ARE MADE IN THE AFFIRMATIVE. I'M NOT SPEAKING TO YOU ALL.

I'M TALKING TO EVERYONE IN THE AUDIENCE.

WHEN I MAKE THE MOTION IT WILL SOUND LIKE ONE THING.

>> BZA IS READY. I WILL CLOSE THE PUBLIC HEARING NOW. AND I MOVE TO APPROVE DOCKET PZ-2022-00002, VOWC GAS STATION APPEAL.

>> IS THERE A SECOND? >> SECOND.

>> JUST A POINT OF ORDER TO JUST TO BE CLEAR.

YOU ARE MOVING TO UPHOLD THE DECISION; IS THAT CORRECT?

>> JUST FOR EVERYONE IN THE AUDIENCE.

I THINK WE HAVE AN APPEAL HERE.

I'M IN FAVOR OF THE DETERMINATION LETTER.

BUT THE APPLICANT IS SEEKING TO APPEAL THAT DETERMINATION LETTER. I THOUGHT EVERY MOTION HAD TO BE MADE IN THE AFFIRMATIVE.

IS THAT TRUE OR NOT TRUE? >> I DON'T THINK IT'S TRUE FOR THIS SPECIFIC -- FOR THIS SPECIFIC PROCEEDING.

IT'S AN APPEAL THAT DETERMINATION OF THE ADMINISTRATIVE DETERMINATION OF THE DIRECTOR.

JUST FOR CLARIFICATION. THE MOTION ON THE TABLE TO

UPHOLD THE DECISION. >> I WILL CHANGE MINE TO MAKE IT CLEAR, BECAUSE THIS IS DIFFERENT THAT WHAT NORMAL ITEMS. ALL MOTIONS HAVE TO BE -- IF

[01:00:03]

I WILL MAKE A MOTION TO UPHOLD THE DETERMINATION OF

THE DIRECTOR. >> I ASSUME THAT'S ADOPTION OF FINDING OF FACT. YES, SIR.

>> AS NECESSARY FOR THIS DETERMINATION.

>> IS THERE ANY -- ANY FURTHER DISCUSSION?

>> HEARING NONE THEN DOCKET NUMBER PZ-2022-00002A:VOWC GAS STATION APPEAL TO UPHOLD THE DETERMINATION OF THE DIRECTOR. WE NEED A SHOW OF HANDS; CORRECT? ALL THOSE IN FAVOR PLEASE

RAISE YOUR RIGHT HAND. >> THERE'S NONE OPPOSED.

THE MOTION PASSES. IS THERE ANYTHING ELSE TO COME BEFORE THE BOARD

* This transcript was compiled from uncorrected Closed Captioning.