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January 22, 2003 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDATION
01SN0149
Miller Oil Company, Inc.
Bermuda Magisterial District
Northwest quadrant of West Hundred and Rock Hill Roads
REQUEST: Amendment to Conditional Use Plmmed Development (Case 97SN0150) relative to
hours of operation for a convenience/combination store. Specifically, 24-hour
operation is proposed.
PROPOSED LAND USE:
A convenience/combination store, that would be open to the public 24 hours a day, is
plm~ned.
(NOTE: TIlE APPLICANT IIAS REQUESTEI) THAT TIlE BOARD DEFER THIS CASE
TO THEIR JULY 23, 2003, MEETING.)
PLANTNINTG COMMISSION RECOM~MENDATION
RECOMMEND DENIAL.
AYES: MESSRS. CLTNNINGHAM, GECKER AND GULLEY.
ABSTENTIONS: MESSRS. ,IARSH AND Li i tON.
STAFF RECOMMENDATION
The condition of zoning related to limited hours of operation for a convenience/combination store
was negotiated with area residents at the time of the original zoning. After consideration of public
Providing a EIRST CHOICE CommuniO~ Through Excellence in PuMic Service
input, should the Commission and Board wish to approve this request, deletion of Condition 2 of
Case 97SN0150 would be appropriate.
(NOTE: CONDITIONS MAY BE IMPOSED OR 'I'HE PROPERTY OWNER MAY PROFFER
CONDITIONS.)
Locmion:
GENERAL INFORMATION
Located in the northwest quadrant of the intersection of West Hundred and Rock Hill Roads.
Tax ID 79%655-3409 (Sheet 26).
Existing Zoning:
C-2 with Conditional Use Planned Development
Size:
2.1 acres
Existing Land Use:
Vacant
Adjacent Zoning and Land Use:
North - C-2 with Conditional Use Planned Development; Public/semi-public use (U.S.
Post Office)
South - A; Public/semi-public (cemetery)
East - C-3; Commercial
West - C~2 with Conditional Use Planned Development; Public/semi-public (County
Police Precinct)
UTILITIES AND ENVIRONMENTAL
The amendment will have no impact on these facilities.
PUBLIC FACILITIES
Fire Service:
This amendment will have no impact on these lhcilities.
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Transportation:
In July 1997, the Board of Supervisors approved the rezoning (Case 97SN0150) ora 9.9 acm
parcel, located in the north-west corner of the Rock ttill Road/West Hundred Road (Route
10) intersection, to Neighborhood Business (C-2) with Conditional Use Planned
Development to permit specific land use exceptions. As part of that zoning approval, the
Board accepted a pro£fered condition (Proffered Condition 20) that established a maximum
density for development on the 9.9 acm parcel. The subject property is part of that 9.9 acre
parcel.
Subsequent to the rezoning, a post office and police station have been constructed on the
parcel. Based on thc maximum density condition, 3,000 square feet of convenience market
with gas pumps can be developed on the remaining part of the 9.9 acre parcel which includes
the subject property. Staff will review site plan(s) to ensure development is limited to this
density or development with equivalent trafllc generation.
LAND USE
Comprehensive Plan:
The request property lies within the boundaries of the Chester Village Plan which suggests
the property is appropriate for neighborhood commercial use.
Area Development Trends:
The request property lies along a portion of West Hundred Road characterized by
commercial zoning and lm~d uses in the vicinity of the West Hundred Road/Jefferson Davis
Highway intersection to the east. Public/senti-public uses exist to the north, northeast, south
and west. Specifically, anewCountyPolicePrecinct facility lies to the west andthe Chester
Post Office lies to the north, both sites of x~q~ich were subject to the original zoning case. A
cemetery is located to the south. A convenience store with gasoline sales is located on
adjacent property to the east, in the northeast quadrant of West Hundred and Rock Hill
Roads.
Zoning History:
On July 23, 1997, the Board of Supervisors approved rezoning with Conditional Use Planned
Development (Case 97SN0150) on the subject property and adjacent property to the north.
With approval of Case 97SN0150, conditions were imposed and proffered conditions were
accepted to address land use compatibility, access, architectural treatment, utilities,
timbering, transportation improvements, lighting, buffers, traffic density and hours of
operation.
At the Board of Supervisors' public hearing, upon request by the Bermuda District
Supervisor, the Board imposed a condition limiting the hours of operation for any
3 01 SN0149-JULY24-BOS
convenience/combination store prohibiting such use from being open to the public between
the hours of 12:00 midnight and 6:00 a.m. (Condition 2, Case 97SN0150). Prior to
imposition of that condition, the proffered conditions would have prohibited any use, other
than a convenience/combination store, ±kom being open to the public between 12:00
midnight axed 6:00 a.m. Upon imposition of Condition 2 at the Board's public hearing, the
convenience/combination store hours were similarly restricted.
Current Proposal:
Elimination of the hours of operation restriction for any convenience/combination store has
been requested. Specifically, the applicant is proposing to develop a
convenience/combination store open to the public 24 hours a day.
CONCLUSIONS
At the time of the original zoning, numerous conditions, including the condition relating to hours of
operation, were negotiated. After consideration of public input, should the Commission and Board
wish to approve this request, deletion of Condition 2 of Case 97SN0150 would be appropriate.
CASE HISTORY
Plmming Commission Meeting (12/19/00):
At thc request of the applicant, the Commission deferred this case to March 20, 2001.
Staft ( 12/20/00):
The applicant was advised in writing that any significant, new or revised information should
be submitted no later than January 16, 2001, for consideration at the Commission's March
20,2001, public hearing. Also, the applicant was advised that a $150.00 deferral fee must be
paid prior to the Commission's public hearing.
Applicant (t/4/01):
The deferral fee was paid.
Staft (2/21/01 ):
To date, no additional information has been received.
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Planning Commission Meeting (3/20/01):
At the request of the applicmrt, the Commission deferred this case to June 19, 2001.
Staff (3/21/01):
The applicant was advised in writing that any significant new or revised information should
be submitted no later than April 16, 2001, for consideration at the Connnission's June 19,
2001, public hearing. Also, the applicant was advised that a $150.00 deferral fee must be
paid prior to the Commission's public bearing.
Staff (5/23/01):
The defen'al fee was paid.
Planning Commission Meeting (6/19/01):
The applicant did not accept the recommendation. There was support and opposition
present. Those in support indicated that other uses in the area have 24 hour operation with
no apparent adverse impact on the area; that the use would not generate "new-" traffic on area
roads, but rather those already traveling area roads would patronize the business; and that
perhaps a compromise would be appropriate to delete the hours restriction in return for
additional restrictions relative to architecture, landscaping, etc.
Those in opposition expressed concerns that a 24 hour operation would increase traffic in the
area; would not comply with the recommendations of the Chester Village Plan which
suggests that gasoline sales should only be permitted in Neighborhood Commercial areas
under special circumstances; and that while the post and police offices are open 24 hours per
day, they do not generate the same amount of late night traffic that a convenience store
would.
Mr. Cunningham indicated that the original restriction on hours lbr convenience store use
had been negotiated with the applicant, Board and area neighborhoods. He stated that he saw
no change in circumstances in the area that would suggest that the limitations should be
reviewed.
Mr. Gecker indicated that it is important for the County to honor mad protect the expectations
of those who had participated in the original case and he, too, saw no change in
circumstances since the original case.
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Mr. Marsh suggested that perhaps there could have bcen more negotiation between the
applicant and area residents to arrive at a compromise acceptable to all parties. He noted that
another convenience store which operates 24 hours a day is located on adjacent property.
On motion of Mr. Cunningham, seconded by Mr. Gecker, the Commission recommended
denial of this request.
AYES: Messrs. Cunningham, Gecker and Gulley.
ABSTENTIONS: Messrs. Marsh and Litton.
Board of Supervisors' Meeting (7/25/01):
At the request of the applicant, the Board deferred this case lo January 23, 2002.
Staff (7/26/01 ):
The applicant was advised in writing that any significant new' or revised information should
be submitted no later than December 17, 2001, for consideration at the Board's January 23,
2002, public hearing. Also, the applicant was advised that a $150.00 deferral fee must be
paid prior to the Board's public hearing.
Staff (1/7/02):
The applicant requested a deferral to July 24, 2002. The deferral fee was paid.
Board of Supervisors Meeting (1/23/02):
At the request of the applicant, the Board defen'ed this case to July 24, 2002.
Staff (1/24/02):
The applicant was advised in wn'iting that any significant new or revised information should
be submitted no later lhan April 15, 2002, for consideration at the Board's July 24, 2002,
public hearing. Also, the applicant was advised that a $150.00 deferral fee must be paid prior
to the Board's public hearing.
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Staff (4/3/02):
The deferral fee was paid.
Staff (6/28/02):
The applicant requested a deferral to January 23, 2003.
Staff (7/25/02):
The applicant was advised in writing that any significant new or re¥ised info~Tnation should
be submitted no later than October 14, 2002, fbr consideration at the Board's January 2003
public heating. The applicant was also advised that a $140.00 deferral fee was due.
Applicant ( 12 / 19/02 and 12/20/02):
The applicant has requested a deferral to July 23, 2003. The deferral fee was pa/d.
The Bo~d of Supervisors, on Wednesday, January 22, 2003, begim~ing at 7:00 p.m., will take under
consideration this request.
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