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Tippecanoe ABZA deadlocks on Walmart parking variance for proposed gas station; matter continued

2437033 · February 27, 2025
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Summary

The Tippecanoe County Area Board of Zoning Appeals deadlocked 3-3 on a request by Walmart Real Estate Business Trust for a parking-variance to add a Walmart-branded gas station at 2801 Northwestern Avenue in West Lafayette; the petition will return next month.

WEST LAFAYETTE, Ind. — The Tippecanoe County Area Board of Zoning Appeals on Feb. 26 heard testimony and then deadlocked, 3-3, on a variance request by Walmart Real Estate Business Trust to reduce a previously granted parking ratio at its Sagamore Parkway/Cumberland Avenue store to allow construction of a gas station and convenience store. Because the board failed to reach the four-vote threshold required by board rules, the petition was continued to the next meeting.

The variance application (BZA 2,178) would reduce the minimum parking ratio for the general merchandise use from the previously approved 0.8 spaces per 200 square feet to 0.7 spaces per 200 square feet. The site currently provides 899 spaces and the petitioner’s plan would leave a net 804 spaces on the 25.52-acre property at 2801 Northwestern Avenue, according to the Area Plan Commission (APC) staff report.

Nathan McBurnett, Area Plan Commission staff, told the board that staff’s principal concern was pedestrian safety tied to the proposed layout. “We think that granting this variance will be injurious to the public health, safety, and general welfare,” McBurnett said, citing expected pedestrian–vehicle conflicts created by the convenience store’s proposed location and the pattern of circulation on the site. Staff recommended denial but suggested conditions if the board approved the variance, including traffic improvements along Cumberland and relocating the convenience store to the middle of the lot to reduce pedestrian conflicts.

Dylan Dempsey of Carlson Consulting, representing Walmart, said the petitioner will implement traffic improvements—including a right-in/right-out at the eastern driveway, a median on Cumberland, and a signalized intersection at the western driveway—developed in coordination with the City of West Lafayette and the traffic commission. Dempsey said Walmart would not relocate the convenience store to the center of the lot because wetlands exist in the proposed relocation area and the company “have no desire to make that adjustment.” He added the company would work with the city during final design and that Walmart expects the signal to include a signalized crosswalk to serve pedestrians.

Several residents and traffic-safety advocates urged the board to prioritize pedestrian infrastructure. Steve Talley, a member of the West Lafayette Traffic Commission and the West Lafayette Mobility Safety Committee, described the intersection as “the most dangerous in the county” for walkers and cyclists and urged raised crosswalks, a no-turn-on-red restriction, and a multi-use path spur from the trail to the convenience store.

During discussion the board voted to add a condition requiring the property owner to meet the traffic commission’s recommendations prior to occupancy (motion approved by voice; board discussion recorded as 5–1), and to require a sidewalk/trail connection and submission of an updated site plan to the city engineer and APC staff (motion approved by voice). Despite those condition votes, the final ballot on the variance produced six ballots cast with three votes in favor and three opposed. Under the board’s rule that four affirmative votes are required to decide, the petition automatically continues to the following month for further consideration.

Board members and staff noted several open items for the next hearing, including final coordination on the Cumberland improvements with the City of West Lafayette, pedestrian-crossing treatments, the exact sidewalk/trail design (city engineer to review), and any additional changes to the site plan. The APC staff report and traffic study provided by the petitioner remain part of the record.

The ABZA did not adopt the variance at the Feb. 26 hearing; the petition will be placed on the next agenda for further consideration and possible vote.