The County Council last week rejected a rezoning request by QuikTrip Corp. to con-struct a gas station and convenience store on Telegraph Road in Oakville.
The county Planning Commission unanimously approved the rezoning request April 11 and the County Council had 90 days to act on the recommendation.
The last chance for the council to act was at its July 12 meeting, but County Council Chairman John Campisi asked that the request be dropped from the order of business, automatically denying the request.
QuikTrip requested for the county to change the zoning of a 2-acre tract on the west side of Telegraph road, about 550 feet south of Forder Road, from the R-3 Resi-dence District and the C-8 Planned Com-mercial District to the C-8 Planned Commercial District and the Amended C-8 Planned Commercial District.
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 roughly 2,500 signatures from customers opposed to the QuikTrip proposal.
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 in-creased 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 to the Plan-ning Commission.
The lawsuit was on hold until the second request either was acted on or denied and an attorney representing QuikTrip, John King of Blumenfeld, Kaplan and Sand-weiss, previously told the Call that the lawsuit once again is in motion.