01SN0149-July25g.pdfJuly 25, 2001 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 Planned 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 planned.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND DENIAL.
AYES: MESSRS. CUNNINGHAM, GECKER AND GULLEY.
ABSTENTIONS: MESSRS. MARSH AND LITTON.
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 FIRST CHOICE Community Through Excellence in Public 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 THE PROPERTY OWNER MAY PROFFER
CONDITIONS.)
GENERAL INFORMATION
Location:
Located in the northwest quadrant of the intersection of West Hundred and Rock Hill
Roads. Tax ID 797-655-3409 (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
South
East
West
- C-2 with Conditional Use Planned Development; Public/semi-public use (U.S.
Post Office)
- A; Public/semi-public (cemetery)
- C-3; Commercial
- 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 facilities.
2
01 SN0149/WP/JULY25G
Transportation:
In July 1997, the Board of Supervisors approved the rezoning (Case 97SN0150) of a 9.9
acre parcel, located in the north-west corner of the Rock Hill 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 proffered condition (Proffered Condition 20) that established a maximum
density for development on the 9.9 acre 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 the 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 traffic 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 land uses in the vicinity of the West Hundred Road/Jefferson Davis
Highway intersection to the east. Public/semi-public uses exist to the north, northeast,
south and west. Specifically, a new County Police Precinct facility lies to the west and the
Chester Post Office lies to the north, both sites of which 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:
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.
3 01 SN0149/WP/JULY25G
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
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, from being open to the public between 12:00
midnight and 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
Planning Commission Meeting (12/19/00):
At the request of the applicant, the Commission deferred this case to March 20, 2001.
Staff (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 (1/4/01):
The deferral fee was paid.
4 01SN0149/WP/JULY25G
Staff (2/21/01):
To date, no additional information has been received.
Planning Commission Meeting (3/20/01):
At the request of the applicant, 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 Commission'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 hearing.
Staff (5/23/01):
The deferral fee was paid.
Planning Commission Meeting (7/25/01):
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 for 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.
5 01SN0149/WP/JULY25G
Mr. Gecker indicated that it is important for the County to honor and protect the
expectations of those who had participated in the original case and he, too, saw no change
in circumstances since the original case.
Mr. Marsh suggested that perhaps there could have been 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.
The Board of Supervisors, on Wednesday, July 25, 2001, beginning at 7:00 p.m., will take under
consideration this request.
6 01SN0149/WP/JULY25G
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01SN0149
AMEND C.U~P.D.
Sheet #: 26