The owner of the Re-Store ‘N Station in Crozet has appealed the latest Albemarle County Board of Supervisors decision regarding the hours of the gas station.
In July, the Board of Supervisors approved part of an amendment to the station’s special-use permit amendment that would allow for two additional fuel pump stations at the site on U.S. 250, but did not approve requests to extend the hours of operation of the convenience store and to allow fuel pumps to be operational around the clock.
Jeffries II LLC, which owns the property, filed an appeal in Albemarle Circuit Court in August, arguing the board “improperly considered whether the underlying by-right use of the property as a convenience store/service station was consistent with the Comprehensive Plan, instead of limiting its analysis to the impacts arising from water consumption.”
The property, while technically outside of the Crozet development area, is zoned Highway Commercial. In the late 1980s, the zoning regulations for commercial and industrial properties were amended to require a special-use permit for by-right uses in areas not served by public water and that would involve water consumption exceeding 400 gallons per acre per day.
The Board of Supervisors approved a special-use permit in November 2010 for the project, which authorized the use of 1,625 gallons of water per day, while the by-right permitted water use is 1,624 gallons per day. Conditions were included with the special-use permit that limited activity on the site to ensure that water consumption did not exceed the maximum.
In 2016, the board denied a request to amend the special-use permit to allow additional building space, expanded business hours, expanded fuel sale hours and overnight parking because of anticipated water use.
In the county’s answer to the appeal, it argues that the request “would allow an intensification of the use approved in conjunction with” the original special-use permit. It goes on to say the property is designated rural area in the county’s Comprehensive Plan, and is not within the development area.
“The Crozet Master Plan states that the county’s policies are to have commercial and industrial development occur only within the designated development areas and that additional commercial or industrial development of the fringe areas beyond the Crozet development area is not recommended,” the county’s answer says.
Earlier this year, Board of Supervisors asked staff to look at the zoning ordinance for commercial and industrial properties that require a special-use permit for by-right uses in areas not served by public water because of prior appeals to decisions made on properties with this zoning.
In June, after property owners and businesses had brought concerns to board members, proposed changes to the list of uses by right or by special-use permit were put on hold.
County staff in August presented a review process that would’ve taken a year or longer, but supervisors wanted a faster approach and to meet with staff to better understand the parcels that would be affected by changes in their districts.
Another work session on the potential changes will be held at a later date.