Committee debates rezoning for proposed East 40 Ninth Avenue gas station; Plan Commission had no formal recommendation

The Gary Common Council Planning and Development Committee reviewed CPO-2025-07, a request to rezone property at 717–31 East 40 Ninth Avenue from B1 to B5-1 to allow a gas station and convenience store. Attorney Molina told the committee the Plan Commission voted with two yes votes, one no and three abstentions and therefore did not reach the five votes needed for formal approval. “In order for something to be a formal approval, you have to have at least 5 votes,” Molina said.

Staff recommended approval, Molina said, but the Plan Commission record produced no formal recommendation because several commissioners abstained. The committee heard neighborhood concerns about adding another gas station to areas with existing and abandoned fueling sites.

A representative for the petitioner, who identified himself as Aftab Ahmad and said he is the general manager for the business, said the petitioner already owns three stations in Gary and has recently renovated them. Ahmad said the three Gary locations are at 3479 Georgia, 4700 Broadway and 2490 Clark (record shows variant references to Clark Street/Road). He told the committee the stations were rebranded as Citgo, that the lots were repaved and the buildings painted, and that the locations provide public restrooms. “We have all of each,” Ahmad said when asked whether his other stations have public restrooms; he also said the sites have inside and outside security cameras.

Council members pressed the petitioner on neighborhood impacts. Councilwoman Linda Barnes Caldwell noted multiple abandoned or disused fuel sites in the city and questioned why this parcel was chosen. She and other members said they were concerned about aesthetics and potential long-term disuse that can leave an eyesore. A committee member also noted a typographical error in the ordinance that referred to a “commercial bakery operating” and was told by staff that the entry should read “convenience store and gas station.”

Attorney Molina said only one person formally spoke in opposition at the Plan Commission public hearing. The committee did not take a formal vote on the rezoning at the planning committee meeting; Chairman Darren Washington said the ordinance will proceed to the full Gary Common Council for final consideration at the next council meeting on March 4.

The record shows the Plan Commission did not reach a majority determination; staff recommended approval; public testimony at the commission included one remonstrator; and committee discussion focused on aesthetics, public amenities (restrooms), security cameras, and how many active or abandoned stations already exist in the neighborhoods.