Background for the Board of Zoning Appeals hearing regarding the

proposed Re Store ‘N Station on Route 250 West -

June 1 at 2 p.m. Lane Auditorium
County Office Building on McIntire Road
Ideas and Background generated by members of the community:

There are two issues coming before the Board of Zoning Appeals regarding this
project:
1) Is the project going to only discharge ‘domestic’ waste, or is the waste to be
something ‘other than domestic’ waste? and
2) Does the fueling of semi trucks fall under the category of ‘automobile service
station’?

REGARDING WASTE: The Albemarle County Zoning Administrator has determined

that the project will discharge only ‘domestic’ waste, and therefore does not need a
Special Use Permit to discharge. (You only have to get a Special Use Permit if you are
going to discharge ‘other than domestic waste’.) This determination has been appealed
and the appeal is being heard at this hearing. Public comment will be heard.

Background
As there is no definition of ‘domestic waste’ in the zoning ordinance, the
neighbors questioning the determination have turned to both:
a) A common sense the definition of domestic waste - Would a 16 pump,
4,700 square foot gas station/convenience store/food operation and semi truck
refueling station discharge domestic waste or industrial waste? and
b) The Alb. County Code, with pertinent definitions below. The project owner
has specified that there will be a kitchen onsite, with sinks for washing pots,
so the project will contain a business that includes food processing.
Additionally, the owner will be selling diesel fuel which does not evaporate
but remains on the ground until being washed away, becoming sewage. The
question then circles back to what type of sewage would diesel fuel be –
domestic or industrial?

Section 16-403(7), (8), and (22) of the Albemarle County Code carry the
following definitions:

(7) Domestic sewage: Waterborne waste normally discharging from the sanitary
conveniences of dwellings (including apartment, houses and hotels), office buildings,
factories, and institutions, free from storm surface water and industrial wastes.

(8) Industrial wastes. All waterborne solids, liquids or gaseous waters resulting
from any industrial, manufacturing, trade, business or food processing operating or
process, or from the development of any natural resource, exclusive of domestic sewage.
 (22) Sewage. A combination of watercarried wastes from residential,
commercial, institutional and industrial establishments, together with such ground,
surface and storm waters as may be present.

REGARDING THE CATEGORY OF USE: The question here is whether or not semi
truck refueling is a ‘by right’ use in a Highway Commercial District, under the category
of ‘automobile service stations’, or whether you need a Special Use Permit to service
semi trucks.

The County has determined that this project falls into the category of use as an
‘automobile service station’. There is no mention of large trucks being refueled under
this definition. Other ordinances around the Commonwealth indicate trucks within their
ordinances and segregate this use to more intensely used areas. So, it is not clear whether
or not the ordinance allows for the refueling of semis, but the argument is that the
refueling of semi trucks is a more intense use than refueling of automobiles and a project
that is planning for this use must get a Special Use Permit.

Here are a few issues raised by community members regarding whether or not this
type of station would be considered an ‘automobile service station’ or would be
considered a more intense use:

1. If the pumps were designed for diesel automobiles and pick up trucks (hauling horse
trailers, for example), the diesel pumps would be located between the regular gas pumps,
as at other gas stations in the County that sell diesel. In all designs for this project, the
diesel truck pumps are located in the back of the project, which creates the greatest
intrusion on the neighborhood behind the project. This design provides for more
pavement for the turning radius needed for large trucks.

2. Semi-trucks could create more conflict on the roads than regular automobiles, they are
slower to enter the highway on a road that already has 10,000 trips per day. The traffic
that could be created with this development could create conflicts with school buses and
parents trying to carry children to one of the three schools located just east of this site.

3. Semi-trucks create more noise and pollution, which is of importance as the station will
be so close to athletic fields associated with the three nearby schools.

4. Property rights. The owners of the property have the rights to ‘by right uses’ of the
property. The neighbors also have property rights. A diminishment of property values
could occur when a truck stop is built adjacent to residential properties. Someone in the
adjacent neighborhood is trying to sell their house currently, and everyone who has
looked at it has said they are no longer interested when they hear a truck stop may go in
next door.

5. While the property is zoned Highway Commercial, it is in a rural section of the county
directly adjacent to an historical neighborhood, and along a scenic byway.

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6. Hours of operation could be 24 hours, as a recent water fixture plan from the project
developers indicate.

7. Trucks will be slowly entering the traffic flow on Route 250. The start up speed of the
trucks and the increased traffic created by this large scale gas station/convenience store
could create even greater congestion and vehicular conflicts on 250 W.

These are ideas and talking points generated by members of the community put
together in this document by Mary Rice 823-1882.

June 1 at 2 p.m. Lane Auditorium,

County Office Building on McIntire Road