Conditional rezoning for convenience store, gas station and drive-through draws neighborhood concerns; planning board recommended denial

Planning staff presented CZ2508 on Dec. 1, a conditional rezoning application for a 4.88-acre site at Cottle Creek and Harris Crossing to allow a convenience store with fuel sales and a drive-through restaurant.

James Coley (S5) summarized the request and said the applicant (Genmark LLC) is asking to replace uses allowed under a 2007 Legacy District with a restricted set of commercial uses limited to a gas station/convenience store and drive-through restaurant. He said the site is near a neighborhood Walmart and single-family residential areas and that the planning board unanimously recommended denial on May 27, 2025. Coley listed neighborhood concerns raised at two May meetings including noise and light pollution, safety and crime, hours of operation, and risks of fuel leaks.

Commissioners asked whether hours of operation could be limited; Coley said, "There is not a hours of operation listed in the ordinance currently," but that hours could be conditioned as part of a conditional rezoning and the limits are negotiable between the board and the applicant. Commissioners suggested the board consider strict hours, buffers and mitigation measures. Coley pointed to plan elements including a 30-foot landscape buffer on the south and a 50-foot buffer to the east.

No vote was taken during the pre-agenda meeting. The item will be considered at the regular meeting public hearing, where the board can adopt conditions or deny the application.