Residents concerned about Dunnavant Square development

Safety for neighborhood children is at the forefront of a group of Dunnavant Square homeowners’ request to amend a proposed plan for a gas station, attached convenience store and grocery store located on Shelby County Road 41.

The construction is part of a residential and commercial master plan that was first approved in 2006 and received amended approval in 2008. On Aug. 3, the Shelby County Planning Commission voted approval for a modified site plan, submitted by Bill Thornton of Dunnavant Commercial LLC, which included moving the gas pumps closer to Highway 41 and placing the convenience store closer to the neighborhood. A group of neighbors attended the meeting to express concern about Dublin Way, which is currently a dead end, and ask that it not be extended to Highway 41 as part of the project. 

“What we’re wanting as a neighborhood is to simply remove [the road extension] and that protects the integrity of the gas station and grocery store,” said Mark Melichar, a resident of Wicklow Lane, which is the closest street to the proposed gas station. “It doesn’t violate anything that Mr. Thornton is trying to do. He’ll still accomplish everything he wants to build. All this will do is draw a distinct line from commercial to residential property. Right now, we are on a dead end street and a lot of activity goes on each evening. What we’re scared about – our main concern – is our children and our families in the community.”

Jeff Miller, who is also a Wicklow Lane resident, said the only people who would benefit from the road extension are the residents of nearby streets and added, “we don’t want it.” 

While the road extension is at center of the current debate, it is not new to the plan. Shelby County Chief Development Officer Chad Scroggins said the road extension was included in the original plan as well as the amended plan in 2008. 

“It allows connectivity between the neighborhood, County Road 41, adjacent commercial properties and also the overall area, which is where [Mt. Laurel Elementary School] comes in, where Area 41 Pizza is located and the Mt. Laurel development,” Scroggins said. 

Some of the residents, however, contend that the connectivity and travel convenience are not an issue. As of now, the only way to enter or exit the neighborhood onto Highway 41 is on Carlow Lane. Melichar said he used a stopwatch to time how long it took him to get from his house to the neighborhood exit while driving the speed limit. He said it took 57 seconds.

“Less than a minute drive time is what we’re sacrificing,” Melichar said.

What the residents aren’t fighting is the commercial development of the 24,000-square foot boutique style grocery store and the gas station itself. The plans call for a two-story “boutique-type” grocery store with plans for a café on the second story. The gas station and adjoining 2,400-square foot convenience store is scheduled for the south side of Dublin Way. 

“We don’t have a problem with that,” Miller said. “At first, we preferred not to have the gas station. We like the hill that was there, we liked that it took away the noise from the road, we liked the trees and this is going to take away a good bit of it. But, even from that standpoint, we’re fine with the gas station and the grocery store, we just don’t want the road connected.”

Both will provide a more convenient option for a gas station and grocery store than is currently available.  The closest services are probably four or five miles away depending on which direction you travel. However, Melichar said the distance is not a problem.

“To me, it did not affect my decision one bit knowing I would have to drive six or seven miles to get gas,” Melichar said. “Birmingham is a very large city. It’s very spread out so it’s something all of us are used to in my opinion.”

Melichar expressed appreciation for the design of the commercial development.

“I do think he’s doing a good job, from the drawings, of protecting us with berms, fences and trees,” he said. “From that standpoint, what we’ve seen of the drawings, he will do a good job to make it look aesthetically pleasing. Our main issue is the exit.”

Melichar said Thornton has been working with residents and trying to accommodate their needs so far, though they have not agreed on the road extension.

If interested, Thornton could seek approval for an amended site plan without the extension to Dublin Way. Civil engineer John Slaughter said following the Aug. 3 meeting that approval of the master plan made it a “big deal to eliminate off that master plan.” However, Melichar and the other residents remain solid in their hopes.

“We simply would like for him to work with us, based on the county saying it’s up to him to work with us to fix this. The ball is in his court, he knows where we stand,” Melichar said. 

Scroggins said the Aug. 3 approval was the next step in the process.

“You get the final site plan, which is where they get final approval from the highway department of how the roads will actually [lay],” Scroggins said. “The layout of the drainage, sizing of stores and landscape requirements, all of which comes together to make that total site plan.”

The final site plan will then have to be approved by the county.