Council approves special-use permit for gas station at South Mendenhall despite DPD objection

The Memphis City Council voted unanimously May 20 to approve a special-use permit allowing a convenience store with fuel sales at 2730 South Mendenhall Road, a site the Division of Planning and Development had recommended rejecting because of nearby residences and multiple existing gas stations.

The vote followed staff testimony that the property is adjacent to a large apartment complex and within roughly a half-mile of at least four other gas stations, a factor the Unified Development Code (UDC) directs planning staff and council to consider when evaluating new fuel-sales uses. "There have been some site plan changes... It is an improvement," Division of Planning and Development staffer Nicholas Warder told the council, but he said DPD nonetheless recommended rejection of the application.

Applicant Sarah K. Robinson told the council the company behind the proposal reinvests station profits in affordable housing projects inside Memphis. "The gas stations that we build, the profits that we receive from the gas stations, we use those profits to build affordable housing inside the city of Memphis limits," Robinson said, citing completed and planned projects including an Epping Forest subdivision off Austin Peay and other sites.

Council members asked about property maintenance and whether the applicant would keep nearby properties in good repair. Councilwoman Walker said she had met the applicant previously and raised concerns about maintenance of the applicant's other properties. Robinson responded that she would "absolutely" maintain the site.

Vice Chair Janice Swearingen Washington moved the item to the floor and Councilman Smiley seconded. The council voted in favor of the permit; the comptroller read the recorded vote showing all members present voting yes. The council did not attach additional conditions to the approval on the floor.

The subject parcel currently contains a vacant parking lot that formerly served a Hertz Rent-A-Car location; the empty lot is separate from the parcel with the former Hertz building, planning staff said. Planning and the Land Use Control Board had recommended rejection because of the site's residential proximity and the number of existing stations nearby. The council's approval reverses that recommendation in this instance.

The council's action allows the applicant to proceed with the site plan as presented or as otherwise permitted under building and zoning codes; any required permits and inspections will be processed through the city's standard permitting channels.