Council defers approval for Beacon Hill gas station after lawyer flags restrictive covenant

The Crown Point City Council voted to defer consideration of a special-use request for a proposed gas station at 2009 109th Avenue after an attorney told the council a recorded declaration of restrictions could still give other owners enforcement rights.

Brian Woodward, an attorney who identified himself as a longtime Crown Point resident, told the council that a recently circulated restrictive covenant (REA) “makes the city a third party beneficiary under this agreement, meaning that it has the ability, if it so chooses, to enforce certain covenants in the agreement.” He urged the council to delay action so the city could review the chain of documents and avoid a repeat of past partial construction and an unresolved eyesore.

Staff reported the BZA gave the petition a favorable recommendation and that the applicant submitted a recorded, updated declaration removing a prior prohibition on a gas station. Planner Josh summarized traffic and pipeline-adjacency considerations and said an approval letter from Buckeye Pipeline would be required before planning commission approval.

Applicant representative Russ Posen of DVG Team said his client worked with the landowner to record an updated declaration in May 2026 that removed the prohibition on a gas station and that the proposed layout stays north of the Buckeye easement. “As far as I can tell the legal part has been dealt with,” he said, adding the design avoids the pipeline easement and limits uses to a small convenience store rather than a supermarket.

Several council members said two competing sets of documents were presented that evening and that the city attorney had not yet had time to review Woodward’s submission. Council President Joe Sanders and other members said they were uncomfortable allowing the applicant to proceed without legal review. Councilman Clemens moved to defer; the motion to postpone the special-use resolution to the next meeting passed by roll call.

The council asked both the applicant and Attorney Woodward to share their documents with city legal staff ahead of the next meeting so the parties and the city can address the potential REA enforcement issue before any final vote.

The deferral does not approve or deny the special use; it pauses action pending staff and legal review and any subsequent planning-commission consideration.