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Board denies rezoning for gas station at West Hemphill Road after environmental and traffic concerns
Summary
The board voted 5–0 to deny Comp AM2503 and RZ2507, preventing a proposed gas station and convenience store on West Hemphill Road; staff recommended denial and residents cited traffic near schools, lighting, wildlife and groundwater concerns.
Henry County planners recommended and the Zoning Advisory Board denied a request to change the future land use and rezone roughly 3.52 acres at 475 West Hemphill Road to permit a gasoline service station and convenience store.
Planning staff (Joya Mitchell) described the proposal — five double-sided pumps, a 3,600-square-foot convenience store and two approximately 1,500-square-foot retail spaces — and recommended denial of both the comprehensive-plan amendment and the rezoning, citing inconsistency with surrounding land uses. "Staff also recommends denial of RZ2507," Mitchell said.
Attorney Robert Dukes, representing the prospective buyer, argued the parcel has sat undeveloped for more than two decades and that a commercial use could create local jobs and small-business opportunities. Dukes said his client plans to include EV charging and that an alcohol license would be contingent on required distance calculations. "The deal is contingent regarding this outcome," Dukes said.
Several nearby residents spoke in opposition, raising concerns including morning traffic near schools, nighttime lighting and impacts on well water and wildlife. One resident said the site was historically agricultural and opposed changing that designation. After public comment and board discussion, a motion to deny both Comp AM2503 and RZ2507 carried with a recorded vote of 5–0 on each item.
The denials stop the applicant's rezoning path; the purchaser indicated the transaction is contingent on a favorable zoning outcome.
