Commissioners approve rezoning for 301-area convenience store and gas station after buffer, lighting and traffic discussion

The Marion County Board of County Commissioners unanimously approved a rezoning request for a 1.59-acre site along U.S. 301 to B-2 commercial at its Aug. 18, 2025, Planning and Zoning meeting, allowing a proposed convenience store with fuel sales and a small quick-service restaurant (case 250604ZC).

Eric (last name on file), a planner with Marion County Growth Services, told the board the subject property is currently zoned A-1 and has a commercial future land-use designation; staff concluded the proposed B-2 zoning is compatible with the comprehensive plan and surrounding uses. The site is in the Secondary Springs protection overlay and within an urban-growth boundary area near Bellevue. Staff described the site as approximately 1.59 acres and said conceptual materials show a roughly 6,500-square-foot convenience store with an 800–1,000-square-foot quick-service restaurant.

Herb Green, representing the applicant (Cadjaz LLC/Cajaz Engineering), said the applicant paused the earlier review cycle to meet with the adjacent neighbor about buffers. "We reached out to him a number of times, have not heard back to date," Green said, and added that the design attempts to preserve existing trees and place a dry pond in the low spot to provide additional buffering. "We agree with staff and ask for approval from this commission today," Green told the board.

Adjacent landowner Jason Yates, who lives at 13163 Southeast 50th Avenue Road, spoke in opposition and raised three concerns: buffer type and placement, lighting, and traffic. "My biggest concern was the type of buffer that they're going to use," Yates said, adding that the existing tree canopy is important to his property and that, if trees are removed, "all that lighting from that gas station is gonna be in my front yard." He also described existing congestion at nearby intersections during peak periods.

Staff and the applicant described the mitigation proposed in writing and at the podium. County staff said the land-development code requires a minimum 15-foot landscape strip at the shared property line, with three accent/understory trees and two shade trees per 100 feet, plus ground cover. The required D-type buffer to the adjacent agricultural/residential property will include a six-foot masonry wall placed interior to the landscape strip so the trees and shrubs face the neighboring property. On lighting, the applicant said proposed fixtures will meet the county's dark-sky and shielding requirements: "It's a 0.0 light line. It's 0. So foot candle 0 at the property line," Green said, adding that any spillover must be shielded.

Staff also summarized traffic-level-of-service (LOS) data: US-301 segments currently operate at LOS C with an adopted LOS of D, and nearby Southeast 132 Street Road operates at LOS C with an adopted LOS of E; staff said county transportation planning has considered raising certain standards to LOS D for long-term capacity planning. Staff noted a required Type C buffer adjacent to the right-of-way and no buffer where existing commercial use abuts the subject property.

Commissioner McLean moved to approve application 250604ZC; Commissioner Curry seconded. The motion passed unanimously (5-0).

The approval is a zoning change; the site will proceed to standard site-plan and permitting review, where final tree surveys, lighting plans, traffic mitigation and required permits will be evaluated and enforced by county staff.