Kroger named as end user in U.S. 82 rezoning; Lee commissioners give it two years to build

LEESBURG — Lee County commissioners on Tuesday rezoned 13.15 acres on U.S. Highway 82 for commercial use, tying the approval to a grocer whose name appeared nowhere in the public application: Kroger.

Commissioner Billy Mathis moved to approve the rezoning “subject to the condition that Kroger start construction within 24 months.” If construction does not begin, the land reverts to single-family residential zoning. The motion passed with no opposition heard on the meeting recording. 

Southeastern Property Acquisitions LLC sought the change on behalf of property owner Jo Ann Smith, asking to rezone the vacant land at 1408 U.S. 82, at Marlow Lane, from R-1 single-family residential to C-2 general commercial. The application and the county staff report described the proposed use only as commercial and did not name a tenant.

Kroger came up when Mathis asked the applicant’s engineer when “the Kroger” would be built. The engineer said the original timeline he had heard was a 2028 build, and that it could move sooner if timing worked out. Asked whether that meant within 24 months, he said, “That is my understanding.” 

A Kroger spokesperson did not immediately respond to a request for comment. 

The new commercial zoning extends about 12.84 acres along the highway frontage that are already zoned C-2, giving the site what the engineer called “more depth off 82.” That brings the commercial portion of the tract to roughly 26 acres. About 40.64 acres behind it will remain residential, separating the commercial land from existing homes. 

The engineer said the developer also kept a 60-foot strip of residential zoning along Marlow Lane in case a road needs to be built there later. 

County planning staff recommended approval, noting that the county’s future land use map, amended Aug. 26, 2025, already designates the area for commercial use. The Lee County Planning Commission recommended approval Nov. 5 with the condition that the zoning revert if the development does not go forward. Staff noted that traffic impacts will depend on what is built and that access will still require county and Georgia Department of Transportation review. 

No one spoke against the request during Tuesday’s public hearing.

County documents had scheduled the board’s final vote for Dec. 8. Commissioners acted Tuesday instead, noting the board holds only one meeting in November. 

The site sits a short distance from a Wawa that opened at 1384 U.S. 82 W in October 2025. 

Kroger’s Atlanta Division covers Georgia, eastern Alabama and South Carolina, and the company has said it planned to increase new store construction by 30% in 2026. 

The Board of Commissioners next meets at 6 p.m. Dec. 8 at the T. Page Tharp Governmental Building in Leesburg.