Whitestown board approves Kroger fuel center special exception and development variances

The Whitestown Board of Planning Appeals on March 6 approved a special exception and three development-standard variances allowing a Kroger fueling center at 6380 Center Drive, voting 5–0 on the special exception and two of the variances and 3–2 on a variance for canopy signage that included a condition to disable digital pricing during nonbusiness hours.

Staff told the board the site is 1.24 acres in the General Business (GB) district and cited a 2018 BZA special-exception case that converted the parcel from a gas station to a Big O Tires facility. Planning staff said the Unified Development Ordinance (UDO) allows a “service station, local” in GB by special exception (UDO 11.13) and recommended approval after concluding the applicant met the required findings.

Anne McBride, agent for Kroger, told the board Kroger will demolish the existing vacant building and build a fuel center on a separate parcel north of a proposed 18,337-square-foot Kroger Marketplace in adjacent Zionsville. "The proposal that is before this board . . . is a $35,000,000 investment into the community by Kroger. There will be 350 approximately new associates hired as a part of this," McBride said. She described the fuel center as seven islands (14 dispensing positions), a 277-square-foot kiosk staffed by one Kroger associate, and multiple access points including a right-in/right-out for tanker trucks.

Beyond the special exception for the use, staff presented three development-standard variance requests under the I‑65 Corridor Overlay/UDO standards. BZA25‑003 sought a reduction in required canopy/structure square footage because the fueling canopy functions as an accessory structure to the grocery store on a separate lot. BZA25‑004 requested a reduction in canopy height for the same reason. Staff recommended approval of both size and height variances. Both passed 5–0 on roll calls.

BZA25‑002 sought to increase permitted fueling-canopy signage from 12 square feet per sign to 30.3 square feet per sign to display fuel prices visible from Whitestown Parkway and from customers exiting the store. McBride said pricing on the canopy is important because many fueling trips are “pass-by” or tied to store trips. Planning staff cited UDO section 8.9 (permanent sign types) and recommended approval, noting compliance would be required for brightness, turnover and hours.

Board discussion focused on visual impacts, precedent and legibility. Several board members said the north-facing canopy price display would be visible to traffic on Whitestown Parkway and raised concerns about setting a precedent for canopy pricing signs along the corridor. After debate, the variance for canopy signage passed 3–2 with the explicit condition that the digital portions of pricing displays be shut off during nonbusiness hours (the motion maker noted this is already required by ordinance and asked the record to reflect the condition).

Official actions and roll-call votes were recorded as follows: the special exception (BZA25‑001‑SE) approved 5–0; the canopy-signage variance (BZA25‑002‑DSV) approved 3–2 with the digital‑off‑after‑hours condition; the canopy square‑footage variance (BZA25‑003‑DSV) approved 5–0; and the canopy height variance (BZA25‑004‑DSV) approved 5–0. The board’s votes on the Kroger items were taken after a single consolidated presentation and public hearing.

Board members and staff indicated review of required lighting and landscaping plans and said compliance with the town’s sign/lighting standards (timing, brightness and shielding) will be enforced through permit review. Staff also noted Kroger’s submitted photometric plans and that the development team coordinated a traffic impact study with the town engineer.

The board closed the public hearing after hearing no public speakers other than the applicant’s representatives, adopted the required findings of fact from the packet, and approved the four docketed requests with the conditions stated above.

Ending: Staff will finalize conditions in the permit and will enforce sign‑brightness/turnover limits and required off‑hours darkening for the digital price displays; the applicant will submit final site, lighting and sign plans for administrative review and building‑permit issuance.