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REPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND No. 1967 September Term, 1994 ___________________________________

Sheetz Inc., v.

et al.

Frederick City Planning Commission

___________________________________ Fischer, Harrell, Hollander, JJ. ____________________________________ Opinion by Fischer, J. Concurring opinion by Harrell, J. ____________________________________ Filed: September 29, 1995

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 construction 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

-2Frederick, Maryland. The Frederick City Board of Aldermen (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: General 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

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