From Councillor Leroy Robinson About Gas Station At 86th and Lafayette Road

Good day Friends,

Please see my notes from several meetings, regarding the development at the above address. With a collaborative effort, we did spend over two years opposing this development, including many hours testifying at several court hearings and the hiring of several attorneys. The property was subsequently sold to a new owner, who has moved forward with another version of the project.

Please review my notes and let me know if you have any additional questions.

Gas station at 8562 Lafayette Road:

· You will recall that the City was involved in litigation regarding this project.
· Specifically, a neighbor group appealed the issuance of an Improvement Location Permit for the construction of a gas station and convenience store.
· That litigation upheld the legality of the issuance of the Improvement Location Permit and allowed for the construction to proceed.
· The issue was then appealed to state court, after the lower court’s ruling.
· To the best of my knowledge, the City was not a party to any agreement regarding alcohol or tobacco sales or hours of operation and, as such, the City would have no legal basis for enforcing such an agreement.
· It would appear that the referenced agreement was a private agreement between the gas station developer and the neighborhood group and is a private matter between those parties.
· I have no information available to me regarding the name change and the City does not regulate the hours of operation for gas stations/convenience stores.
· The Assessor’s office lists the owner of the property as Star Ventures Real Estate, Inc. Information from the Secretary of State website regarding this entity is attached.
· They did agree to these hours:
· “We would agree for 2018 through 2023 that we will not be open after 12 midnight and we will not open before 5 AM. It is our plan to be open from 6 AM until 10 PM Monday through Saturday and from 8 AM to 9 PM on Sunday.”
· I don’t believe there is any restriction on them selling tobacco (and wasn’t for the previous developers).
· Regarding the Alcohol permit, they would have to apply for a new license.
· Based on the Alcohol and Tobacco Commission’s previous ruling, it is unlikely it would be successful. Even if they did apply, notice would have to be given and the residents would have the opportunity to appear before the board.
· I am unaware of what caused the Valero to Shell switch.

Thank you,

Leroy Robinson
Councillor: District 1
City-County Council
200 East Washington Street
Room T-241
Indianapolis, IN. 46204

Office: 317-327-4242
Fax: 317-327-4230
Cell: 317-502-0272

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