Buc-ee’s EPCO, LLC is asking the County to determine whether their proposed land use should be classified as a “Convenience Store,” which is one of the defined land use types in the County’s zoning code, and if not, whether the land use is similar enough to a “Convenience Store” to be considered a permitted use within the C-1 zone district.
- What is an administrative determination?
An administrative determination is a written interpretation by the Planning and Community Development Director when a proposed use may not be clearly listed or defined in the Land Development Code for a specific zoning district.
The Land Development Code provides this process so staff can determine whether a proposed use falls within an existing definition or is substantially similar to a use already allowed in the zoning district.
- What is the Director considering in the administrative review?
The Planning and Community Development Director is considering whether the proposed Buc-ee’s use, as described in the applicant’s materials, is an allowed use in the C-1 zoning district, or is similar enough to an allowed use to be considered as such.
In this case, the applicant is asking whether the proposed use should be classified as a Convenience Store under the County Land Development Code.
As part of the review, the Director may consider whether the function, performance characteristics, and location requirements of the proposed use are consistent with the purpose and description of the zoning district. The Director may also consider whether the proposed use is compatible with uses allowed in the district and similar in characteristics such as traffic, parking, noise, glare, vibration, and dust.
This review is limited to the use-classification question. It does not approve construction, business operations, a site development plan, grading, drainage, traffic improvements, utilities, signage, lighting, or building permits.
- What is the C‑1 Commercial Zone?
The property Buc-ee’s is considering is located in a C‑1 commercial zone, which is an obsolete zone district intended for general commercial uses.
The determination is made in writing by the Planning and Community Development Director. The Director may also refer the decision to the Board of County Commissioners.
- Does this approve Buc-ee’s?
No. This determination only addresses how the proposed use is classified under the Land Development Code. It does not approve construction, site design, traffic access, grading, drainage, utilities, signage, lighting, or any other development details.
- Does this require public notice?
The administrative determination does not require notification to adjacent property owners.
- Can the determination be appealed?
Yes, the Land Development Code states that an appeal may be filed by an aggrieved party within 30 days of the administrative determination. The Code defines “aggrieved” as the person or party who owns the property subject to the application.
- How long does staff review take?
Staff review of the administrative determination may take up to 14 business days, after which a written response and determination will be issued.
- What was the Director’s determination?
Following review of the applicant’s materials, applicable Land Development Code definitions, historical approvals, and comparative analysis, the Planning and Community Development Director was unable to make a determination. Because it is unclear whether the proposed use meets the Land Development Code definition of a “Convenience Store,” the Director was unable to determine whether the proposed use is sufficiently similar to allowed uses within the C-1 zoning district to qualify as an allowed use.
- Did the County deny Buc-ee’s?
No. The administrative determination is limited to interpreting the Land Development Code. It is not an approval or denial of a development application and does not authorize construction, site development, grading, drainage, traffic improvements, utilities, signage, lighting, building permits, or business operations.
- Can the determination be appealed?
- Yes.In accordance with LDC Section 5.3.6(F), an aggrieved party may appeal an administrative determination on use within 30 days of the date of this determination. Appeals must follow the procedures adopted by the Board of County Commissioners (BoCC) or the Executive Director. The BoCC is the ultimate interpreter of the meaning and application of this Code as to the type, nature and rights of uses. “Aggrieved” is defined in LDC Section 1.15 as the owner of the property that is the subject of the request and, when notice to adjacent property owners is required, those adjacent owners entitled to such notice.
- What happens next?
Until the 30-day appeal period has expired, or an appeal has been filed, the County cannot determine what the next procedural step will be.
If an appeal is filed, it will proceed in accordance with the appeal procedures established under the Land Development Code or by Board resolution.
The County cannot speculate about whether the applicant or another aggrieved party may pursue an appeal or another land use application.
Any future development application would be reviewed separately under the applicable County process.
- What happens if an appeal is filed?
If an appeal is filed, it will proceed in accordance with the appeal procedures established under the Land Development Code or by Board resolution. Information regarding the review process, including any public hearing, will be provided once the appeal has been initiated.
