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Clay County approves PUD 26004 for Daily’s convenience store with conditions after neighbor concerns
Summary
The county approved rezoning of 8.36 acres to a planned commercial district for a Daily’s convenience store with fuel pumps and a car wash. Commissioners required written commitments — including an 8‑foot masonry wall, lighting limits and restrictions on certain uses — after residents asked for clarification about undeveloped acreage and open‑space protections.
Clay County commissioners voted June 9 to adopt PUD 26004, rezoning about 8.36 acres at 240 Nightbox Road from agricultural‑residential to a planned commercial district to allow a Daily’s convenience store, motor‑fuel sales and a single‑tunnel car wash.
Staff and the applicant, represented by Jason Gabriel of Burr & Foreman, presented a memorialized site plan that restricts permitted uses, sets lighting standards (no more than a half foot‑candle at the property line and full‑cutoff fixtures), and includes an 8‑foot masonry wall along the western edge of the commercial portion to buffer adjacent residences.
Residents from nearby subdivisions spoke during the public‑comment portion. Denise Robertson, president of the Boxwood HOA, asked for clearer guarantees about roughly 5.826 acres the applicant identified as open space and a proposed pond. “We respectfully request additional definition and clarification regarding the intended use of this parcel and how it will be protected from future development inconsistent with what is being presented today,” Robertson said.
Planning staff told the board that the PMD/PCD site plan and written commitments are binding, and that any change to the portion of the site designated as open space would require the applicant to return to the board for an amendment. Commissioners also asked about time limits in the PUD language; staff said while PUD approvals do include timeframes to submit final plans and develop, zoning does not automatically revert without board action — any substantive change would require board approval.
After discussion, the board approved the PUD with the committed site‑plan text and landscaping/buffer conditions. The approval was unanimous.
What’s next: The applicant must meet the PUD’s site‑plan commitments before building; if the owner seeks different development on the open‑space portion, the county code requires a PUD amendment and a return to the board for review and a vote.
