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Council rezones parcel at Smithville Western and Cleveland Road for proposed Bell store; applicants say retention area will remain green

2095563 · January 8, 2025
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Summary

The Worcester City Council voted to rezone a small portion of land at the southwest corner of Smithville Western and Cleveland Road from residential to C-3 general commercial following a public hearing in which the applicant, Campbell Oil Company, said the rezoned portion will be used for stormwater retention and not for a building.

WORCESTER, Jan. 6, 2025 — The Worcester City Council on Monday approved Ordinance 2024-40 to rezone land on the south side of East Smithville Western Road between Wilson Road and Cleveland Road to C-3 general commercial, allowing Campbell Oil Company to proceed with plans for a convenience/gas station and car wash on the adjoining parcel.

At a public hearing before the vote, Mitchell Polsar, representing Campbell Oil Company, described the portion of the property under consideration as a “small portion of approximately 3.2 acre[s]” of the overall site and said “I believe it's about maybe 0.4, 0.5 acres 0.64 acres, [that] would end up being utilized for stormwater drainage and retention.” He added the company’s intent “is not to put any building on this portion” and said the larger facility would face Cleveland Road.

The rezoning request drew questions from council members and city planning staff about buffering, lighting, and how rezoning would change where required landscaping and screening would be placed relative to adjacent homes. Planning staff member Vince Marion explained that because the parcel abuts a residential district, rezoning to commercial generally triggers “increased buffering, increased landscaping, as well as review for preliminary and a final development plan in front of Planning Commission,” and that obtaining a single zoning designation for the whole parcel “is beneficial from a planning standpoint.”

Council members pressed the applicant on site layout and potential impacts. One council member read a letter from resident Christy Bishop of 1712 Knupp Drive opposing the rezoning; Bishop wrote the change would reduce privacy, increase light and noise, and potentially lower her property value. Polsar and an engineer on the applicant’s team said lighting would follow the city’s photometric requirements and that canopies and directional lighting would limit light spill. Polsar said hours would be similar to other Bell stores in the area: store access limited after about 11 p.m. while fuel and the car wash would allow more extended access.

Council member Knappick, who introduced the ordinance on second reading, said the applicant’s commitments and the company’s local development record eased her concerns and moved to suspend the rules and adopt the ordinance that night. The motion to suspend the rules passed on a roll call, and the council then adopted Ordinance 2024-40 by roll call vote. On adoption the roll call recorded the following yes votes: Councilmembers Abernathy, Malta, Jose, Gaffey, Wharton, Myers and Knappick; no votes were not recorded in the transcript.

The ordinance will take effect after the standard 30-day waiting period for zoning map amendments; Polsar told the council that the zoning change does not take effect immediately and that the applicant wants to be positioned to complete preliminary and final development reviews in time for a mid-year construction schedule. Planning staff reiterated that site plan review and buffering requirements will be enforced during the development-permit stage.

The public record for the hearing includes the applicant’s handouts showing the preliminary layout and the resident letter submitted to council. The applicant emphasized twice during the hearing that the small rezoned portion is intended for stormwater management rather than building placement and that the company will follow setback, buffering and lighting requirements as part of future permitting.

With the ordinance adopted, the next steps are (1) a 30-day waiting period for the map amendment to take effect, and (2) submission of preliminary and final development plans to the Planning Commission for review of buffering, lighting, landscaping, parking and access. Council members and planning staff said they expect those elements to be addressed during that subsequent process.

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