Planning board recommends denial of rezoning at Highway 158 and Whitty Road after runoff and community-character concerns

The Rockingham County Planning Board voted Jan. 13 to recommend denial of a request to rezone a 3.73-acre parcel at the southeast corner of U.S. Highway 158 and Whitty Road from Residential Protected to Neighborhood Commercial.

Planning staff presented the application as Case 2025-1 and recommended approval, noting the parcel sits in the county’s G2 controlled-growth land class and that the lot meets the minimum size for neighborhood commercial uses. Victoria (planning staff) told the board the request “may benefit property owners but may be detrimental to adjacent owners” and that negative effects could be mitigated with buffers and site regulations. She said the office received three inquiries, one direct opposition comment and three emails in opposition about runoff and keeping the area “commercial free.”

The applicant, Jennifer Augie, told the board she and the property owners have no immediate project plans and that they “would like to collaborate and adhere to, you know, whatever the community desires” if the rezoning is approved.

Dozens of residents who live near the parcel testified in opposition during the public-comment period. Tara Bulla, whose property borders the site, said she is worried about safety and unspecified people coming to a commercial site near her children: “I don't wanna invite any property, commercial property, to that area where I feel like it would put me or my children, maybe at a disadvantage or worry about their safety,” she said. Farmer and resident Drexel Dixon warned about runoff into local ponds and wells, saying the site “drains in one spot and one spot only, and it drains across the road and goes directly into my pond,” and adding, “If anything runs off within 60 months... it will kill it.” Other speakers raised similar concerns about groundwater, trash and late-night activity.

Board members questioned the absence of a specific development plan, traffic data for 55 mph Highway 158 at the intersection, and whether the requested zoning would be consistent with the county’s 2040 land use vision for this low-density area. Several board members said the rezoning would amount to a “blank check” because a straight rezoning allows all uses listed in the zoning district regardless of the owner.

Planning Board member Julie moved to deny the rezoning request; the motion was seconded and carried with no recorded opposition, so the board will forward a denial recommendation to the Rockingham County Board of Commissioners. Victoria noted commissioners will hold a public meeting Feb. 17 and have the final decision.

The board’s denial is a recommendation only; applicants may present the case to the commissioners at the February meeting.