Sheetz, Inc. v. Frederick City Planning Commission

665 A.2d 327, 106 Md. App. 531, 1995 Md. App. LEXIS 166
CourtCourt of Special Appeals of Maryland
DecidedSeptember 29, 1995
DocketNo. 1967
StatusPublished
Cited by1 cases

This text of 665 A.2d 327 (Sheetz, Inc. v. Frederick City Planning Commission) is published on Counsel Stack Legal Research, covering Court of Special Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sheetz, Inc. v. Frederick City Planning Commission, 665 A.2d 327, 106 Md. App. 531, 1995 Md. App. LEXIS 166 (Md. Ct. App. 1995).

Opinions

FISCHER, Judge.

Appellants, Sheetz, Inc., Deane Savage, and Barbara Rogers (Sheetz), appeal from an order of the Circuit Court for Frederick County. The Frederick City Planning Commission (Planning Commission) held a public meeting on March 14, 1994, and denied Sheetz’s proposed site plan for the construe[533]*533tion of a convenience store with six gas pumps. Sheetz appealed to the circuit court, which heard arguments on the merits and then affirmed the Planning Commission’s decision. Sheetz presents the following issues for our review, which we have reworded for clarity:

I. Whether the Planning Commission violated Section 6.08 of the Frederick City Zoning Ordinance by failing to provide Sheetz an opportunity to make “reasonable changes” to the proposed site plan.
II. Whether the Planning Commission violated Maryland and Federal Constitutional law by failing to provide specific findings and reasons to support its determination.
III. Whether the Planning Commission usurped the legislative function by prohibiting the applicants from using their property for a convenience store, when such use has already been legislatively determined to be compatible under the B-3 zoning category.
IV. Whether the Planning Commission’s decision to deny the permissible B-3 use without compensation constitutes an unconstitutional taking.
V. Whether the Planning Commission’s denial of the site plan application was arbitrary and capricious.

FACTS

Sheetz owns a 7.71 acre parcel of property located at the southeast corner of Rosemont Avenue and Shookstown Road in Frederick, Maryland. The Frederick City Board of Aider-men (the city’s legislative body), which has the authority to establish zoning districts, zoned the Sheetz parcel B-3,1 General Commercial in 1986. Section 3.03(3) of the Frederick City Zoning Ordinance2 (Zoning Ordinance) states:

[534]*534General Commercial, B-3. The B-3 district is intended to provide areas for major retail, service and other business activities that will serve the general commercial needs of the community at large. Special care must be taken in development review to minimize the impacts of the high-traffic and other potentially disruptive activities.

Furthermore, • Section 4.02(3)(6) states that accepted commercial uses for a B-3 site include that of a convenience store and gas station.

Sheetz applied to the Planning Commission in 1993 for final site plan approval of its plan to build a convenience store with six gas pumps on 1.3 ± acres of the Sheetz parcel. Sheetz supplied the Frederick City Planning Department and other state agencies with the site plan, supporting documents, and a traffic study. All required state and local agencies received, reviewed, and commented on the Sheetz site plan.

On March 14, 1994, the Planning Commission held a public meeting3 for final review of the Sheetz site plan. The Zoning Administrator spoke first and testified about the city staffs concerns with the site plan, which included existing and potential problems with traffic and safety. An assistant city engineer and the City Attorney testified next and briefly described the timing of future improvements to Rosemont Avenue. The engineer testified that improvements to Rosemont Avenue would alleviate some of the traffic problems at the Shookstown intersection.

[535]*535Sheetz called three witnesses: an engineer, a traffic expert, and a representative of Sheetz, Inc. The engineer testified that he believed the Sheetz plan satisfied the Zoning Ordinance. The traffic expert gave the Planning Commission an updated traffic study and concluded that the Sheetz plan would not present a traffic safety hazard.

The Planning Commission heard all the testimony, including numerous outbursts from the public gathered at the meeting. Each Planning Commissioner stated his or her own difficulties with and reasons for rejecting the Sheetz plan. Their closing statements ranged from legitimate safety concerns to personal value judgments not established in 6.07(2).4

MR. HUDSON: I don’t want you to get too excited when I say this but my impression is that even if we offer a continuance and we get some additional information, that we’re still going to come up with basically the same kind of feeling among the members of the Commission and that is that No. 1, we understand that each of us owns a piece of property and wants to develop it to its highest and best use. That doesn’t mean that if a shooting gallery was an acceptable use on this site that I would—and you passed all the requirements ... that I would think it would be a use that I would want to approve. One (1) of the things that you’ve indicated is that you anticipate a level of use on this site of about three thousand (3,000) vehicles a day---- [I]f you ran that over the full twenty-four (24) hour period, you were having someone go in and out once every half second or half minute,.... And I know it doesn’t work that way.... You can count the traffic till you’re blue in the face and I accept what has been presented by Mr. Lewis [appellant’s traffic expert] as being accurate.... [T]his kind of a use at this particular location would be something that I would be [536]*536in favor of denying until such time as the entire traffic picture is clarified, until such time as the improvements would be made out on Rosemont Avenue extended beyond Military Road---- [I]f I had the five (5) lanes of traffic today, if I had the left turn lane, if I had the right in, right only turn on this site, I would still feel that the number of vehicles ... for this kind of usage would severely impact the safety of that particular area ... I’ve been out there and witnessed this area many different times of the day and evening,---- But I have witnessed that and I do know that there is a problem out there. There is a problem that relates itself also to pedestrian safety, although I don’t expect a hundred (100) people will run across the street from the area north of Rosemont to get to Sheetz or any other activity there. This becomes a dangerous place to have pedestrian activity____ [W]hile I truly understand that the City ... zoned this land B-3, I do believe that somewhere in the category of what is permitted for this Commission to do is to consider, even though there are permitted uses indicated on our chart showing that a gas station, a convenience store is a permitted use in the B-3,1 think that someone, some judge somewhere might think that we should be responsible enough to look at a particular situation and decide that this doesn’t look quite right to me, it doesn’t look like something that I would like to stand up and say would be the right kind of a usage at this time. So I’m telling you I would recommend denial based on the information that has been given to us by the Police Department and based on indication that has been given to us from the neighborhood, the people who are effected, based on their own intelligence and based on the traffic situation that is there, that this would compound an already bad situation.
MR. WILLIAMS: I agree with that. I’d be perfectly willing to go through the—the stress of sitting through another meeting.

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Bluebook (online)
665 A.2d 327, 106 Md. App. 531, 1995 Md. App. LEXIS 166, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sheetz-inc-v-frederick-city-planning-commission-mdctspecapp-1995.