The Unified Government Planning Commission voted 7-1 Monday night to deny a preliminary development plan for a grocery store with fuel dispensers at the northwest corner of Donahoo and Hutton roads. The decision followed nearly two hours of testimony from nearby residents, especially from the adjacent Heritage at Piper Estates subdivision.
Developer Michael Rhodes, who lives next door to the proposed site, sought approval for a 15,000 square foot grocery store with three fuel pumps on commercially-zoned property at the intersection of Donahoo Road and Hutton Road. The proposal drew approximately 15 speakers in opposition, with none speaking in favor.
“We moved here because of the quietness, the beautiful wooded atmosphere we have over there, the seclusion,” said resident Anthony Lazley, who lives less than a quarter-mile from the site. “We didn’t want to be over there in no gas station and no grocery store.”
Rhodes defended his project, emphasizing that the property has long been zoned for commercial use. “This property has been commercially zoned since 2002, long before I purchased it in 2015,” Rhodes told the commission. “I didn’t change the zoning. I’m just fulfilling the long-intended purpose.”
The developer, who reduced his original eight-pump proposal to three pumps to comply with zoning requirements, argued the project would bring economic benefits to the community. “The project represents millions in private investment, 30 to 40 local jobs, contractual commitment of five cents per gallon to Piper schools, potentially $250,000 over the next 10 years,” Roads said.
However, residents countered with data showing potential property value decreases ranging from 3% to 22% for homes near gas stations, with 13 properties directly adjacent to the proposed development.
Resident Dave Smith provided detailed analysis of health risks, traffic impacts, and property value concerns. “We’re going to see 0 to 12% decreases in property value from the gas station,” Smith said, calculating cumulative losses of $111,000 to $286,000 for the 13 nearest homes.
Environmental concerns dominated testimony, with multiple residents citing EPA studies on benzene exposure near fuel dispensers and expressing worry about contamination risks.
“Once those fuel tanks go in to the ground, that’s a gas station and it’s going to be a gas station forever,” said nearby resident Tony Burks. “Nobody’s going to pay to have those tanks removed.”
Traffic safety also emerged as a major issue. Despite being only a half-mile from Piper Middle School, neither Hutton nor Donahoo has sidewalks at the intersection.
“Young kids will walk the half mile from the Highlands at Piper [apartments]…The road is not safe as it is,” said resident Gabriel Harris. “There are no sidewalks on either side.”
Planning staff noted that a traffic study showed the development would not increase overall traffic levels, as 75% would be “pass-by capture” from existing traffic. Staff recommended approval with conditions including restricted delivery hours and lighting requirements.
Commissioner Joseph Straws moved to deny the application, citing concerns about neighborhood compatibility and traffic strain. The motion passed 7-1, with Commissioner Jake Miller casting the lone dissenting vote.
The decision will be heard by the Board of Commissioners on Oct. 30.
Commission approves business-friendly policy changes
In earlier action, the commission unanimously approved several ordinance changes recommended by Mayor Tyrone Garner’s Business Development Task Force aimed at streamlining regulatory processes.
Amendments to the sign code will eliminate permit requirements for projecting signs installed by bonded contractors and allow for ADA-compliant A-frame, feather, and inflatable signs by right. Properly maintained murals will no longer require permits.
“We looked at quite a few different sign types,” said Alyssa Marcy, a UG city planner. “How much can we regulate via the code and how much of this is something that we can enforce?”
Home occupation regulations were also relaxed, allowing businesses to employ up to two non-resident workers and permitting inventory storage if not visible from the street. Previously only immediate family members were allowed to work in a home-based business.
Alan Howze, assistant county administrator, explained the rationale. “Each special use permit represents a significant investment of time…areas where we can reduce or eliminate the need for that intensive process and match the process to the potential use is really the focus.”
Commissioner Karen Jones questioned whether advantages would outweigh disadvantages given enforcement challenges. “Hopefully the advantages will outweigh the disadvantages,” she said after staff acknowledged limited enforcement resources.
The commission also adopted the Vision Zero Action Plan, committing to eliminate traffic fatalities and serious injuries by 2050. The plan, funded by a $1 million federal grant, will guide infrastructure improvements across the county.
All approved items move to the UG Board of Commissioners for final action on Oct. 30 at 7:00 p.m.