Campisi plans to reject QuikTrip rezoning for second time
July 13, 2005 - County Council Chairman John Campisi will not introduce legislation approving a rezoning request by the QuikTrip Corp., rejecting the construction of a 24-hour gas sta-tion and convenience store on Tele-graph Road for a second time.
The county Planning Commission voted 7-0 April 11 to recommend approval of the rezoning request.
Because Campisi has no plans to introduce legislation approving the rezoning request within 90 days of the Planning Commis-sion's recommendation, the company's proposal automatically will be denied.
"I had disapproved it the first time because the way it was presented, but the second time I wanted to see if it was OK with the community, but obviously the community was not OK with what was presented," Campisi told the Call.
The Planning Commission recommended approval of QuikTrip's request to change the zoning of a 2-acre tract on the west side of Telegraph Road, about 550 feet south of Forder Road, from R-3 Residence District and C-8 Planned Commercial District to C-8 Planned Commercial District and Amended C-8 Planned Commercial District.
Five single-family homes would be bought and razed to clear the way for the gas station.
The Planning Commission made the same recommendation last year on an identical request by QuikTrip and the proposal was denied by Campisi in the same manner.
QuikTrip's proposal to build a 4,555-square-foot, nine-pump gas station and convenience store has been vigorously opposed by area residents, who raised concerns about increased traffic, safety and water runoff.
Several businesses on Telegraph Road collected signatures from customers opposed to the QuikTrip proposal.
"The people who are against it are the people who have service stations down there. They are the ones who are fighting us down there," said John King of Blumenfeld, Kaplan and Sandweiss, who is representing QuikTrip.
During the Planning Commission's review of last year's proposal, the Department of Planning received 349 letters of opposition and 18 letters of support. In addition, 1,170 people signed petitions opposing the QuikTrip proposal, while 52 signed letters supporting it.
At a public hearing last year, of the 30 people who attended, 20 raised their hands in opposition and 10 in support.
After the first denial, QuikTrip took the county to court, seeking a court injunction to force the county to rezone the land. The suit alleged the current zoning is unreasonable, arbitrary and capricious because it is inconsistent with the surrounding development. Since the land originally was zoned residential, commercial use significantly increased and Telegraph Road was enlarged, according to the lawsuit.
Before the lawsuit was resolved, however, a year lapsed since the first proposal was denied, and QuikTrip was able to submit another rezoning request.
The lawsuit was on hold until the second request either was acted on or denied and King said the lawsuit once again is in motion.
"We're going forward with it because the council isn't doing anything with it and Councilman Campisi hasn't done anything," King said.