Concord Township Planning Commission members were not sure what to do with what they heard, but they will prepare a memo for township supervisors regarding a settlement proposal offered by Costco.

According to attorney Mark Kaplan, the discount club store wants to end litigation over Concord’s refusal to grant conditional use approval for the proposed store last year.

Costco appealed the denial, which was upheld, but then went to Commonwealth Court. That matter has not yet been heard.

In the interim, Costco prepared new plans to address supervisors’ concerns.

The store is planned for the Brinton Lake area, on 16 acres along Evergreen Drive north of the Crozer Medical Center buildings.

Kaplan said the first plan was rejected for several reasons. There was a gas station planned within the parking area, Evergreen Drive cut through the parking lot, was not extended as a loop road to Conchester Road and was not being dedicated to the township.

The new proposal has the gas station in a different location outside the parking area. Evergreen Drive will loop from Route 1 to Conchester Road and will be dedicated to the township. In addition, Kaplan said, Costco will pay for improvements to Conchester Road from Aldan Avenue to the Sun Federal property north of Route 1.

That stretch of Conchester will be paved and widened to a consistent 26-foot wide cart way. Curbing and drainage will also be added. He estimated the cost to be $425,000.

“It’s almost a new road,” Kaplan said.

He added that a big box store will definitely go into that location, but wants it to be Costco.

“The road and parking are cleaner and the gas is off to the side,” he said to summarize the proposed plan.

Several residents, from Concord and Thornbury townships, expressed objections to the plan, saying the store would be too close to existing and planned homes, and that they were concerned about a gas station also being too close to residential property.

Kaplan countered with figures showing the distances were greater than the residents thought and that township Fire Marshal Fred Fields was satisfied that the gas station was in a safe spot, though he wants to go over some procedures regarding potential gas leaks with the developer. Kaplan said he received word from Field through an e-mail a few hours before the July 26 Planning Commission meeting.

Kaplan also said that the gas station would be for Costco members only, not for use by the general public.

The gas station is key for the company he said.

“Costco wants gas,” said Kaplan. “Unless they’re playing chicken with us, they won’t be here [without a gas station].”

With the plan offered as a settlement proposal to end the litigation surrounding the appeals process, there would be no need for Costco to go back for another round of conditional use hearings should supervisors accept the proposal. Kaplan said the initial hearing process was “tortured” with 12 hearings during a year-and-a-half period.

Once opened, store hours would be 10 a.m. to 8:30 p.m. Monday through Friday, 9:30 a.m. to 6 p.m. on Saturday and 10 a.m. to 6 p.m. on Sunday.

Planning Commission Chairman Steve Miller said he wasn’t sure how the commission was to proceed, but thought there were enough significant changes to warrant another review and will draft a memo, but, “It’s in the hands of the Board of Supervisors.”