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ABUSE OF CONDITIONAL USE / HISTORIC PRECEDENT?
1. It is in AR-1 Zone - Agricultural Area
A large fueling station that generates heavy traffic does not fit in the nature of the Agricultural Residential Area.
Furthermore, Sussex Codes for AR-1 specify allowed uses.
Sussex Code §115-15 Prohibited Uses:
"For the purpose of this chapter, permitted uses are listed for the various districts. Unless the contrary is clear from the context of the lists or other regulations of this chapter, uses not specifically listed are prohibited. The Commission shall have the authority to determine whether a use shall be permitted because it is clear from the context of the lists or other regulations that it should be permitted due to its similarity to those uses that are listed as permitted."
The following Sussex Codes do not list a Fueling Station as allowed land use in AR-1:
§ 115-21 Permitted accessory uses
Also the following Sussex Codes specify the sign restrictions in AR-1 zone and the Super 7-Eleven cannot meet these restrictions:
1. It is in Coastal Areas
Per > Sussex County Comprehensive Plan <, in Coastal Areas Special Environmental Concerns have to be addressed.
• Permitted Uses – Coastal Areas are areas that can accommodate development provided special environmental concerns are addressed.
· The site sits 10+ ft higher than Sarah Run that flows into Burton Prong, to Herring Creek and to Inland Bay (0.4 mile away), and all runoff from this fueling station will flow into Sarah Run.
· The proposed Angola Rd entrance/exit is right next to Sarah Run. That is where the cars and trucks intending to make turns will have to sit and wait, if there is a traffic backup.
2. The Site is immediately adjacent to 117-acre Wellhead Protection Area
This large > drinking water source < is depended upon by many residents, including unassuming children.
3. NOT Reasonable Expansion of Current Conditional Use Permits
Only 1.5 acres (2 homes) of 3.5 acres (4 homes) proposed are currently used for businesses under Conditional Use Permits, such as boat storage, power washing business, lawn mowing business, etc., only during the day time and limited time on Sundays.
Current businesses do not generate much traffic and was never a problem to the community.
The proposed use will be for a large fueling station with 7-Eleven that operates 24 hours/7 days and will bring enormous amount of traffic.
4. A concrete barrier in the middle of Rt 24
This is to discourage westbound Rt 24 traffic from making a left turn into the fueling station.
This will be the only Conditional Use Permit of which the condition is a concrete barrier installed in the middle of the area's main road.
Shouldn't This be an Abuse of Conditional Use?
Some lawyers and potential investors may be watching this case to flood P&Z with their Conditional Use Applications ready!
Remember, our children will inherit this precedent, due to their older generation's inaction!