Hamilton council says no to gas station near Hamilton Freshman School

Proposed owners may appeal the case in court

Hamilton City Council has agreed with an earlier decision by the city’s planning commission and rejected a request to allow a gasoline fueling station across the street from the Hamilton Freshman School.

But a lawyer for owners of the proposed business said they may appeal the matter in court.

Several residents spoke against the proposed station, expressing concerns about already-congested traffic and worries about ninth-graders being hit by vehicles while crossing Northwest Washington Boulevard to get to the store.

Council was told some of the older residents who live nearby, close to and within view of the proposed building, fear such a shop could become a place where people would loiter and possibly break into their homes. One woman said she worried gas fumes could worsen air quality for her elderly mother.

“All the land uses are pretty much residential, a little quaint office building, and a school,” said resident Christine Hilbert. “So if you look at the existing land uses out there, they nowhere meet what’s being proposed.”

Butch Carter, who is on the board of the nearby Villas at Hamilton West condominium association, said most owners who answered a survey “were against putting this gas station up, and it was interesting that the majority of their concerns were about the students and their safety, and the traffic situation.”

“It’s going to happen,” Carter predicted. “There’s going to be a problem with students going across that street. You know, you’re looking at an age group where they don’t want to walk down to the corner and go across where the crossing guard is.”

Although the property is zoned for commercial use, all five members of council who considered the matter said they didn’t think a fueling station was compatible with the surrounding area.

“It just doesn’t seem to fit,” said Council Member Kathleen Klink.

Council Member Tim Naab noted there are 93 nearby properties, with more than three dozen planned, and others likely on the way.

“I don’t see, in my point of view, the compatibility of a gas station,” Naab said.

Council Members Michael Ryan and Eric Pohlman recused themselves from considering the matter, without stating why, and sat in another room during the discussions.

“This use is permitted,” Sophia Holley, the lawyer representing the would-be station owner, argued before council’s 5-0 vote against her clients’ proposed business. “It would be appropriate for city council to reverse the planning commission’s decision.”

She said under the zoning the property is zoned for, allowed businesses also include “restaurants serving alcohol, including bars, taverns and brew-pubs.” Also, “this is a business planned development, the most conducive for a fuel station.”

People also were worried about existing and future traffic, but general traffic concerns were not sufficient to deny the project, Holley said.

She noted the company owner had promised to take various steps to improve pedestrian safety, including increased landscaping to prevent people from crossing the road in inappropriate places, and a crossing guard paid by the owners.

Holley said neighbors offered no reasons against the gas pumps, as opposed to a convenience store, except speculation about worsened air quality and possible illegal activities.

Nik Patel, one of the owners who wants to build the gas station, was annoyed by comments he heard from neighbors.

“You want greenspace, I understand that,” Patel said. “But this property is zoned business. Sooner or later, you are going to have some sort of business there. I can build a four-story hotel there. Would you rather have a four-story hotel there?” he added, noting his business’ lights would not leave the property, but a hotel could have rooms that have their lights on all night.

Patel said he operates a neighborhood-friendly family business, and offered to pay the city one cent for every gallon of gas he sells that could go toward child safety.

Afterward, Holley declined to elaborate on the possibility of a court appeal.

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