Beaufort board approves special‑use permit for new gas station at Live Oak Street with landscaping and screening conditions

Beaufort's Board of Commissioners voted July 13 to grant a special‑use permit allowing fuel sales and a convenience store at 1507 Live Oak Street, subject to conditions that include implementing the planning board's landscaping and pedestrian‑connection recommendations and adding a town‑staff‑approved beautification treatment to screen conduit and fixtures on the building's west side.

Planning staff presented the case (26‑12) and said the proposed use is consistent with the town's land‑use plan and zoning (B‑1 business). The applicant proposes to reuse an existing building at the corner of Highway 101 and Live Oak Street, reduce impervious surface by adding landscaping, provide dark‑sky lighting and screening for above‑ground storage tanks (ASTs), and reconfigure access to include a one‑way exit. The Planning Board reviewed the site and made a unanimous recommendation for approval with conditions tied to the plan packet.

Eva Grimm, CEO of Jim Dandy stores, and attorney Bryce Pike said the local operator (Jim Dandy/Davis Fuels) and property owner (Tommy Simpson / Simlin/Simcoe/Semillon LLC as named in filings) planned to invest in landscaping, pedestrian connections and a planting island next to the pumps. "This location would give Jim Dandy the opportunity to bring our local community bakery food and convenience experience in an elevated fashion to this community," Grimm said.

The applicant introduced civil engineer Ronald Culifer, who testified the driveway and parking layout meet town dimension requirements, that the plan provides adequate turning radii for trailers and boats, and that the design had been discussed with state transportation officials. An expert memo from the North Carolina Petroleum & Convenience Marketers and a UL‑listed tank specification were submitted; the engineer said the proposed ASTs would be installed with secondary containment and an additional concrete berm agreed during the planning process.

Appraiser Christopher Mashburn testified that his market study and comparable sales research found no evidence that a modern, properly screened fuel station would substantially injure the value of adjoining properties; he said the analysis considered the proposed landscaping and screening.

Several commissioners pressed the applicant on safety, tank containment, parking, traffic flow and pedestrian access; staff and the applicant answered that a traffic impact analysis had not been requested but DOT interactions were ongoing, that lighting is dark‑sky compliant, and that the applicant agreed to screening, landscaping and an eight‑foot voluntary lawn area that the board could make a condition.

A resident witness raised a separate concern that the presence of above‑ground tanks within 300 feet of properties can affect FHA loan eligibility for certain homebuyers; the board discussed the point but town counsel advised the land‑development ordinance standard is whether the proposed special use would "substantially injure" adjoining values. The appraiser testified availability of certain loan types does not necessarily change market value; commissioners agreed that FHA limits are not a legal basis under the town standard if the expert evidence shows no substantial injury.

Commissioner Gilligan moved approval of the special‑use permit for case 26‑12, incorporating the two Planning Board conditions listed in the packet (shade trees and a sidewalk/pedestrian connection) and adding a condition requiring west‑side beautification that adequately screens conduit and fixtures, subject to town‑staff approval during permitting. The motion passed on voice vote.

The applicant must proceed with detailed permitting, including tank design and permitting, bulb‑outs for landscaping, and coordination with town staff and DOT. The town noted that many technical reviews (fire marshal, state rules for tanks, and permitting) will occur during the building and permitting phase.