HomeMy WebLinkAboutSDP200800154 Staff Report 2010-06-08COUNTY OF ALBEMARLE STAFF REPORT SUMMARY
Project Name: SP 2009 -34 Re -Store `N Station Staff: Summer Frederick, Senior Planner; Glenn
Brooks, County Engineer
Planning Commission Public Hearing: June 8,Board of Supervisors Public Hearing: TBD
2010
Owners: Jeffries II, LLC Applicant: Jo Higgins
Special Use Permit for: Uses permitted by right,
not served by public water, involving water
consumption exceeding four hundred (400)
gallons per site acre per day. [Sec. 18- 24.2.2.13]
TMP: Tax Map 55B Parcel 1 Existing Zoning and By right use: HC- Highway
Location: US 250 (Rockfish Gap Turnpike)Commercial; EC - Entrance Corridor Overlay
approximately 1,600 feet (0.3 miles) west of
Western Albemarle High School.
Magisterial District: Whitehall Conditions: Yes
Requested # of Dwelling Units: N/A DA RA X
Proposal: Use of more than 400 gallons of Comprehensive Plan Designation: RA - Rural
groundwater per site -acre per day for Area in Rural Area 3
convenience store.
Character of Property: The site is currently Use of Surrounding Properties: Surrounding
vacant.properties include the Crozet Moose Lodge,
single - family residential, and various commercial
enterprises, including convenience stores with
gas stations.
Factors Favorable:Factors Unfavorable:
1. Character of the zoning district 1. There is not enough data to
will not be changed by the determine if the existing water
proposed use.supply is adequate to support
2. Granting the special use permit water consumption in excess of
will allow a proposed 400 gallons per site -acre per
development that directly day on this parcel.
promotes the purpose and
intent of the HC- Highway
Commercial zoning district.
3. The proposed water
consumption will not adversely
affect uses permitted by right in
the HC- Highway Commercial
zoning district.
RECOMMENDATION: Staff recommends approval of SP 2008 - 00033, with the following conditions:
1. The applicant shall install a meter on the well head to monitor water consumption. Prior to
installation, the model of said meter will be approved by the Zoning Administrator. Results
of daily water consumption monitoring results will be made available within forty -eight (48)
hours of a request from the Zoning Administrator; and,
2. Water consumption shall be restricted to 1,625 gallons per day.
STAFF: Summer Frederick, Senior Planner; Glenn Brooks, County Engineer
PLANNING COMMISSION: June 8, 2010
BOARD OF SUPERVISORS: TBD
PROJECT: SP2009 -34 Re -Store `N Station
Petition:
PROPOSED: Use of more than 400 gallons of groundwater per site -acre per day for gas station and
convenience store.
ZONING CATEGORY /GENERAL USAGE: HC- Highway Commercial: retail sales and service uses; and
residential use by special use permit (15 units/ acre); EC- Entrance Corridor Overlay: to protect properties
of historic, architectural or cultural significance from visual impacts of development along routes of
tourist access.
SECTION: 18- 24.2.2.13: Uses permitted by right, not served by public water, involving water consumption
exceeding four hundred (400) gallons per site acre per day.
COMPREHENSIVE PLAN LAND USE /DENSITY: Rural Area in Rural Area 3 - preserve and protect
agricultural, forestal, open space, and natural, historic and scenic resources/ density (.5 unit/ acre in
development lots).
ENTRANCE CORRIDOR: Yes.
LOCATION: US 250 (Rockfish Gap Turnpike) approximately 1,600 feet (0.3 miles) west of Western
Albemarle High School.
TAX MAP /PARCEL: Tax Map 55B Parcel 1
MAGISTERIAL DISTRICT: Whitehall
Character of the Area:
The immediate surrounding properties include commercial uses, the Crozet Moose Lodge, and single -
family residential properties.
Specifics of the Proposal:
Section 18- 24.2.2.13 of the Zoning Ordinance requires uses in the HC- Highway Commercial zoning
district not served by public water to obtain a special use permit if they use more than 400 gallons per
site -acre per day. As it cannot be determined that the proposed gas station and convenience store will
not use less than 400 gallons of water per site -acre per day, this requirement must be met.
This request is only for the water usage, and not for the store use —the store itself is a by -right use in
the HC zoning district.
Planning and Zoning History:
SDP2008 -154: Request for preliminary site plan approval to construct a 5,750 square foot, two (2)
story commercial building with gas pumps and associated parking 4.06 acres. Application includes a
request to waive restrictions found in Sec. 18- 21.7(c) in order to allow for land disturbance in a
required twenty (20) foot buffer area. To be reviewed and acted upon following the Planning
Commission taking action on this special use permit application.
2
Conformity with the Comprehensive Plan:
The Comprehensive Plan designates the site as Rural Areas, emphasizing the preservation and
protection of agricultural, forestal, open space, and natural, historic and scenic resources.
The character of the area is unusual, as it contains HI -Heavy industrial, HC- Highway Commercial, NMD-
Neighborhood Model District, R1 -Low density single - family residential, and RA -Rural Areas zoning all
within one -half of a mile (Attachment A). All these areas are designated as Rural Area in the
Comprehensive Plan (Attachment B).
Zoning of this parcel is HC- Highway Commercial. The proposed use (convenience store with gas station)
is by -right in this district.
STAFF COMMENT:
It is understood a site plan will be reviewed for compliance with all applicable Ordinance
requirements should this special use permit application be approved. The Planning Commission
is required to review the submitted preliminary site plan because an abutting owner has
requested such a review in accord with Sec. 18- 32.4.2.5(c). Submitted site plan drawings are
included in this report for informational and reference purposes only (Attachment Q.
In conjunction with other information submitted by the applicant, staff has reviewed the Tier III
Groundwater Study prepared by a Professional Geologist, certified by the State Board of
Geology. It is staff's opinion that the processes used to prepare the Groundwater Study are
sound.
Section 18 - 31.6.1 of the Code of Albemarle requires that Special Use Permits be assessed as
follows:
31.6.1: Special use permits for uses as provided in this ordinance may be issued upon o finding by the
board of supervisors that such use will not be of substantial detriment to adjacent property,
After reviewing data submitted by the applicant (Attachment D), the County Engineer states the
proposed, or projected, water use on this parcel is acceptable from an engineering standpoint.
Additionally, the area in which the parcel is located is not known for groundwater well failure.
However, there is not sufficient data to ensure future groundwater well failure will not occur in the
area.
that the character of the district will not be changed thereby and
The character in terms of established by right usage of the area will not change as this property has
been zoned HC- Highway Commercial since the adoption of the current zoning ordinance.
that such use will be in harmony with the purpose and intent of this ordinance,
The purpose of the HC- Highway Commercial zoning district, as stated in the ordinance, is to permit
development of commercial establishments, other than shopping centers, primarily oriented to
highway locations rather than to central business concentrations. The intent of this district is stated as
limiting sprawling strip commercial development by providing sites with adequate frontage and depth
to permit controlled access to public streets.
The proposed use, water consumption, does not directly promote the purpose of the HC- Highway
Commercial zoning district; however, water consumption in excess of 400 gallons per site -acre per day
is allowed by special permit in the district. Given that allowing such water consumption would support
3
a use that directly promotes the purpose and intent of the assigned zoning district, the special use
permit is consistent with the purpose and intent of the ordinance.
with the uses permitted by right in the district,
Water withdraw in excess of 400 gallons per site -acre per day would not adversely affect the by right
uses in the HC- Highway Commercial district.
with additional regulations provided in section 5, and
Section 5.0 contains no additional regulations regarding water usage.
with the public health, safety and general welfare.
The public health, safety, and general welfare of the community are protected through the special use
permit process which assures that the proposed use is appropriate in the location requested.
As previously addressed, concern has been expressed in relation to the question of whether or not the
existing water supply can support water consumption in excess of 400 gallons per site -acre per day on
this parcel.
The applicant has submitted information from a state certified geologist indicating adequate water
supply is available. A study submitted by a member of the public, also a state certified geologist, raises
questions regarding the adequacy of the water supply.
The applicant states water usage will not exceed 1,625 gallons per day. Staff proposes a condition
capping water consumption at 1,625 gallons per day, which translates to 400.25 gallons per site acre,
per day. By -right water consumption for this parcel is 400 gallons per site acre, per day. Based on the
analysis of the available information, it is staff's opinion that the minor increase in water consumption
is not inconsistent with public health, safety, and general welfare.
SUMMARY:
Staff has identified the following factor favorable to this application:
1. Character of the zoning district will not be changed by the proposed use.
2. Granting the special use permit will allow a proposed development that directly promotes
the purpose and intent of the HC- Highway Commercial zoning district.
3. The proposed water consumption will not adversely affect uses permitted by right in the
HC- Highway Commercial zoning district.
Staff has identified the following factor unfavorable to this application:
1. There is not enough data to determine if the existing water supply is adequate to support
water consumption in excess of 400 gallons per site -acre per day on this parcel.
RECOMMENDED ACTION:
Based on the findings contained in this staff report, staff recommends approval of SP2009 -34 Re -Store
N Station, with the following conditions:
1. The applicant shall install a meter on the well head to monitor water consumption. Prior to
installation, the model of said meter will be approved by the Zoning Administrator. Results of
daily water consumption monitoring results will be made available within forty -eight (48) hours
of a request from the Zoning Administrator; and,
2. Water consumption shall be restricted to 1,625 gallons per day.
ATTACHMENTS
Attachment A — Location Map with zoning districts
Attachment B — Location Map with Comprehensive Plan designations
Attachment C — Submitted site plan drawings
Attachment D — Information submitted in junction with special use permit application
Attachment E — Memo from County Attorney in reference to review of special use permit
Attachment F — Tier Ili Groundwater Study
Attachment G — Additional information submitted by the applicant.
Attachment H —Additional Information submitted by the public.
I
Flow Restriction Device Condition
1. The applicant shall install two (2) safeguards on the well as proposed in
communication dated July 9, 2010:
A. A one (1) gallon per minute Dole Flow Control Valve; and,
B. A Tamper -proof Water Meter.
Project before you is Special Use Permit 2009 -34 Re -Store 'N Station
r
The site of the proposed Special Use Permit is!' located on Rockfish
Gap Turnpike otherwise known as US 250W approximately a quarter
mile west of Western Albemarle High School.
N'Zoned Highway Commercial with a Rural Area Comprehensive Plan
Designation and is located within an Entrance Corridor overlay district.
The site is rrently \undeve ed and ocated in n area-i t ncludes
the ozet lose Lodg single- ily resi ces, an veral
co T ercial er}t rises includ* con enience stores with gas - stations.
The application for this special use permit was made in accord with
provisions of the Zoning Ordinance requiring by -right uses in the
Highway Commercial district not served by public water obtain a special
use permit if they are to use more than 400 gallons per site acre per
day. The proposed convenience store with gas a by -right use
in Highway Commercial zoning districts.
The applicant's request is to permit the consumption of 400.25 gallons
per site acre per day for a total of 1,625 gallons per day for this site. By
right, the applicant may consume 400 gallons per site acre per day for a
total of 1,624 gallons per day for this site.
Staff's consideration for this application is limited only to those impacts
associated with water consumption, as the site plan is otherwise a by
right use of the property.
Staff has reviewed the application in accord with the Code of Albemarle
and has the following analysis:
Staff believes there is not sufficient data to guarantee groundwater
failure will not occur, however, conditions recommended by staff
should the special use permit be approved would restrict water to a
point that, as viewed from an engineering standpoint, has no greater
impact on adjacent properties than the water consumption that is
permitted by right.
The application has supplied a Tier III Groundwater Study, conducted
and compiled by a state certified geologist that indicates adequate
water supply is available on site. It is staff's opinion that the processes
used to prepare the Groundwater Study are sound. A study submitted
by a member of the public, also -:asta c-eTtf#i :g€e ist, raises
questions regarding the adequacy of the water supply. This conflicting
data provides a point of concern regarding the general welfare of
adjacent landowners.
This site is a bit unusual in that although it is zoned Highway
Commercial, it carries a Rural Areas comprehensive plan designation.
In this particular case, the Board should consider if the special use
permit allowing for the consumption of more than 400 gallons per site
acre per day, with reasonable conditions, is consistent with the
Comprehensive Plan. Staff believes this use, with the condition
restricting water consumption to 1,625 gallons per day is consistent
with water consumption expected in the Rural Areas.
I will be reviewed for compliancetisunderstoodasiteplanf
with all applicable Ordinance requirements should this special use
permit request be approved. It should be noted a preliminary site plan
has been submitted to the County for this site, and the Planning
Commission is required to review said plan as an abutting owner has
request such a Planning Commission review in accord with _S)a i _. 18 -
32.4.2.5(c).
Based on analysis as required by the Code of Albemarle, staff
recommends the following:
Approval of SP2009 -34 Re -Store 'N Station, with the following
conditions:
1. The applicant shall install a meter on the well head to monitor
water consumption. Prior to installation, the model of said meter
will be approved by the Zoning Administrator. Results of daily
water consumption monitoring results will be made available
within forty -eight (48) hours of a request from the Zoning
Administrator; and,
2. Water consumption shall be restricted to 1,625 gallons per day.
At its June 8, 2010 meeting the Planning Commission reviewed this
special use permit application and by a vote of 4:2 took action to
recommend denial of SP2009 -34 Re -Store 'N Station due to the
Commission's finding that the use will be a substantial detriment to
adjacent property because there was insufficient information to
determine the amount of water the proposal will use and the water use
may adversely affect the neighboring properties.
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Jo Higgins — Project Development LLC
It Y
RE- STORE'N STATION - REQUEST FOR SUP
FOR: GROUNDWATER USE OVER 400 GALLONS PER SITE -ACRE PER DAY ON
HIGHWAY COMMERCIAL (HC) PROPERTY NOT SERVED BY PUBLIC WATER.
o ObINT ALL BY . - RiGHT ON 4.06 ,y`;-f?ES y 1, 324 Cf'D.
AMOUNT REQUESTED IS ONE (A) GALLON FOR A TOTAL OF 1, 625 GPD.
BACKGROUND: The Re- Store'N Station Preliminary Site plan layout was submitted with
a retail store of 6, 000sf with 1, 000sf office above. A zoning determination was made that a
SUP would be required although data was submitted showing at least 2 similar stores of
5,940 sf, "WaWa" stores, that operate successfully using less than allowed by right in this
case. Subsequently, the preliminary site plan was revised both to make a significant
reduction (25% which is 1,250sf in the area /size down to 4,750sf (Attachment H. The
revised site plan also reflects rearrangement of bldg and canopy locations based upon ARB
input. Information was resubmitted for consideration by the Chief of Zoning. Although the
information submitted was to show that a store of this size and larger can operate using less
than 1,624 gpd, the zoning determination was that a SUP is required. At the present time,
the revised preliminary site plan has been reviewed by staff, comments provided, and
revisions to address each of these comments has been submitted.
The only other case of a SUP issued under these circumstances is SUP 2008 -033 (SEE
ATTACHMENT B). It was approved by the BOS (12- 03 -08) to allow 1, 000 gpd for a
3, 200sf store. This equates to 0.3125 gallons per sf of store. This is the premise that was
used to reduce the area of RS from 6, 000sf down to 4, 750sf. At 4, 750sf, this equates to
4, 750sf x 0.3125 gpd or 1, 484 gpd plus allowing for the 1, 000sf of office use which is 90 gpd
fora total of 1, 574gpd. This is less than the by -right amount.
Regardless, the requirement for special use is a decision by the Zoning administrator and
this is a mechanism to require monitoring of the groundwater to insure that this use stays
within the amount specified in the SUP. This request is in essence not asking for more
than the by -right amount but the one (1) gallon gives a basis for the SUP to be valid. Since
the owner of RS has significant experience by operating a successful convenience store
Brownsville Market) over the past 16 years with an average monthly water usage of approx.
650 gpd, there is no doubt that RS will be well within the by -right amount anyway.
DISCUSSION: Water data is attached (ATTACHMENT A — E) covering many similar
locations that are on public water systems so the volume is metered. These locations are
retail with food sales but do not include franchise restaurants such as Wendy's or
McDonalds (they fall under restaurant health department requirementshnspections rather
than food sales which falls under the department of agriculture ruleshnspection). This is to
provide data to prove that a convenience store can successfully operate well within the by-
right water allowed for this location. For all stores, the range of average water use is from
2564 Mt. Torrey Rd, Lyndhurst, Virginia 22980 434 — 326- 0334 (fax) 434 — 326 - 0334
Attachment D
Jo Higgins — Project Development LLC
r
639 to 1, 366 gpd. These locations are located on primary roads with greater traffic volume
than Rockfish Gap Turnpike with one exception and 6 out of 9 stores have 6 to 9 fuel
pumps. The overall average gpd per square foot is 0.27 which is less than the amount
established in the Shadwell SUP. Most importantly, there are two stores that are 5, 940sf
Wa Wa's) that are "new" or recent construction having been built in the last 3 vears. The
Wa Wa's operate using between 1005 and 1351 gpd. Water usage is completely an
operational detail under the control of the owner. To use water, it requires water fixtures for
water to flow. The metered data on WaWa provides proof that even with 12 sinks including
triple dish wash sink & mop sink, 6 toilets, numerous fountain service dispensers, and
exterior spigots that these two stores use between 1005 to 1351 gpd. These stores are
larger than Re- Store'N Station and use some water for exterior purposes. The stormwater
design for RS includes rain tanks for stormwater re -use so RS will not be wasting water on
exterior uses. RS may be used as an example of how to apply environmentally
conservative design and the re -use of stormwater is an important aspect. Eventhough,
there may be stores out there that use more water during a particular month such as
summer months watering landscaping — this does not affect the operation of RS which will
re -use stormwater for this purpose.
We have no data to submit that proves that Re- Store'N Station will need the additional one
1) gallon that is requested. Since zoning requires the SUP, this one (1) gallon is to provide
a basis for the SUP to be valid. If the water use stays within the by -right amount allowed,
the SUP will have no validity except for monitoring.
There may be convenience stores that use more water than 0.3 gallons per sf. This is
completely an operational issue based upon fixtures installed and procedures that dictate
water use. All store data must be considered with the understanding that there they have
no regard for water conservation. Finding a store that does exceed this threshold does not
undermine the fact that Re- Store'N Station can and will operate using less than the 1,624
gpd by -right limit on water usage. Although there is no exact match to RS, the store data
provided covers other locations all which are located in the growth area on main roads in
either Albemarle, Henrico or York Counties and provide a basis to prove that groundwater
used at this location will be well within the by -right quantity allowed and not exceed the
one(1) extra gallon requested.
It is our hope that this documentation as presented will suffice to support this request. IF
the volume used never use the 1, 624 gpd, this SUP would not be required except to
establish a basis for monitoring the groundwater. There is no documentation presented to
establish that the water use will be above that requested. The limiting factor on this site is
the septic capacity. Re- Store'N Station has obtained an approved Sewage Disposal System
Construction Permit (ID #.101 -09 -0311) for 1,600 gpd. This includes 1015 gpd for
convenience store use and 90 gpd for office use. (SEE ATTACHMENT G). It should be
2564 Mt. Torrey Rd, Lyndhurst, Virginia 22980 434 — 326- 0334 (fax) 434 — 326 - 0334
Page 2
Jo Higgins — Project Development LLC
i
noted that the "phase 2" referred to is not proposed as part of this site plan. It will require a
site plan amendment to expand the building in the future. For ARB purposes only, the
location of the potential expansion is shown and elevations of the building expansion have
been submitted to the ARB. Re- Store'N Station has also received an approved well permit.
A i ier 3 Groundwater Assessment (dated Oct 3, 2008) was submitted for the anticipated
withdrawal amount of 725 gpd. It was approved by the Groundwater Manager at that time.
This assessment provides the calculation of the groundwater recharge to be 2115 gallons
per day. Therefore, the groundwater available recharge is more than adequate to supply
the proposed withdrawal of 725 gpd that is predicted for RS and also adequate to supply the
increased amount of 1, 625 gpd.
CONCLUSION: Approval of this SUP will insure compliance that Re- Store'N Station will
remain within the "by- right" limit. It is noted on the cover sheet of the site plan - "Well water
is restricted to that (1, 624gpd1) limit. Well will be metered to confirm usage. " This monitoring
is to assure compliance with the VDH sewage disposal permit and county zoning
requirements.
ATTACHMENTS:
A — Comparison Table — 9 locations, Store A — I
B — Gas Station Water Usage — 12 month consumption (gallons) — basic data from ACSA on
7 locations and data on 2 locations from HRSD
C — ACSA raw data received 10 — 22- 09 - Stores A - G
D — Analysis of raw data from HRSD emailed 2 -16 — 09 —Store H with attachments — original
email, map showing location, VDOT traffic count info sheet
E — Analysis of raw data from HRSD emailed 2 — 17 — 09 — Store I with attachments —
original email, map showing location, York County assessor info sheet on WaWa, VDOT
traffic count info sheet
F — Planning Commission minutes from SUP 2008 — 00033 and BOS minutes from Dec
3, 2008.
G — VDH — Sewage Disposal System Construction Permit
H — Re- Store'N Station — Revised Preliminary Site Plan
I — WaWa Stores - photos
2564 Mt. Torrey Rd, Lyndhurst, Virginia 22980 434 — 326- 0334 (fax) 434 — 326 - 0334
Page 3
PROJECT DEVELOPMENT LLC
Comparison Table
9 Locations
Store A through I
1 Page)
ATTACHMENT A
2564 Mt. Torrey Rd Lyndhurst, Virginia 22980 434 - 326 -0334 (fax) 434 - 326 - 0340 Page 1
COMPARISON TABLE
Left /Lowest Water use to Right /Highest water use
average of all 9 stores is 0.27 Gallons per sf per day
Each convenience store uses less than 1,624 gallons per da
TORE A 2401 Ivy Rd
Staff advised that there was an ice maker and dishwasher
TORE B Size is 3,169 sf
TORE C
Size is 2,604 sf - first flr with 1,596 office above
TORE D Size is 2,719 sf
TORE E
TORE F
TORE G Size is 2,709sf
TORE H
TORE 1 842 Merrimac Trail, Williamsburg, Va - York County served by HRSD
ATTACHMENT A
Browns
ville
BP/Libed
Liberty
Shell
Stop In
Shell
Stop in
Store G
BP WaWa Exxon WaWa Bellair
MarketPantops
ocation Store C Store E Store D Store B Store I Store F Store H Store A
otal Sq. Ft 4,200 2,728 2,719 2,709 3 5,769 4,188 5,769 2,645
ffice /Ext.St, -
irst Floor
1,595
2,604
209
2,528 2,719 2709 3,169 5,940 4,188 5,940
2n
2,365
uel Pumps 4
64 Exit Sign YES
raffic VPD 10,000
6
YES
39,000
7
57,000
6
52,000
7
YES
52,000
8
YES
15,000
5
39,000
8
YES
35,000
3
YES
14,000
ial Per Day 585 639 700 737 842 1005 1,285 1351 1366
3al /SF 0.22 0.25 0.26 0.27 0.27 0.17 0.31 1 0.23 1 0.58
average of all 9 stores is 0.27 Gallons per sf per day
Each convenience store uses less than 1,624 gallons per da
TORE A 2401 Ivy Rd
Staff advised that there was an ice maker and dishwasher
TORE B Size is 3,169 sf
TORE C
Size is 2,604 sf - first flr with 1,596 office above
TORE D Size is 2,719 sf
TORE E
TORE F
TORE G Size is 2,709sf
TORE H
TORE 1 842 Merrimac Trail, Williamsburg, Va - York County served by HRSD
ATTACHMENT A
PROJECT DEVELOPMENT LLC
Gas Station Water Usage
1 Page)
ATTACHMENT B
2564 Mt. Torrey Rd Lyndhurst, Virginia 22980 434 - 326 -0334 (fax) 434 - 326 - 0340 Page 1
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Restore`N Station
Tier 3 Groundwater Assessment
Groundwater Management Plan
TMP 55B -1
Crozet, Virginia
Prepared for:
Jeffries II LLC
P.O. Box 910
Crozet, Virginia 22932
October 3, 2008
Nick H. Evans PhD CPG
Virginia Groundwater LLC
4609 Burnley Station Road
Barboursville, VA 22923
Vincent Day
True North Environmental
1110 East Market Street
Charlottesville VA 22902
Attachment F
Keys Findings
Hydrogeologic unit: Piedmont Foothills
Groundwater availability zone: III —Class 2 (medium relative availability)
Estimated daily groundwater withdrawal: 725 gallons
Estimated daily groundwater recharge to site: 2115 gallons
Site within groundwater sensitivity zone? Yes:
Contamination threats on record: 4 documented leaking underground storage
tank (LUST) sites within 1000 feet of the property
Additional contaminant threats observed in field reconnaissance? None
Hydrogeologic conditions favorable to proposed use? Yes
Anticipated impacts of proposed use on existing users: None
Groundwater management plan: Implement runoff- neutral site development as
practicable.
Site Overview
The proposed development comprises about 4 acres located on the south side of
US 250 approximately 0.70 miles east of Route 64 (Figure 1) and is situated
entirely within the Stockton Creek watershed. There are no streams on the
property; however, the property drains to the south into a swale that eventually
flows into an unnamed tributary of Stockton Creek. There is about 25 feet of relief
on the parcel. Land cover on the parcel is open field with mixed grasses and
weeds (image, below).
Land use on adjoining parcels
is residential and light
commercial business. A
convenience store is located
directly across Route 250,
north of the site. The Moose
Lodge is located on the
adjoining parcel to the west.
Adjacent land to the south is
occupied by residential
dwellings. The adjoining
property to the east is occupied
by a tree service company.
The applicant proposes to construct a convenience store and gas station. This
facility would be served by a transient non - community water supply well, which
must be permitted in accordance with Virginia Health Department (VDH), Division
of Drinking Water. According to the project engineers, water consumption is
estimated to be approximately 725 gallons per day (documentation attached). A
site plan showing the proposed development layout and approximate land
disturbance is attached to this report. Runoff from the site will be controlled by
standard stormwater management practices.
Hydrogeologic Assessment
Bedrock geology
The parcel is situated within a bedrock formation described as biotite- muscovite
leucogranite gneiss on the 1 993 Geologic Map of Virginia (Figure 2). This falls
within the Piedmont Foothills hydrogeologic unit, as defined in the Albemarle
County Hydrogeologic Assessment Summary Report of 2003, with Class 2
medium) relative groundwater availability.
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Bedrock fracture densitv and water well productivity
The bedrock underlying this property does not contain primary intergranular
porosity through which groundwater might flow. Instead, groundwater flow is
confined to bedrock fractures and fissures.
No significant linear features, fracture traces or structural features were identified
on air photos or other maps in this study that would be useful indicators of
bedrock fracture orientation on this parcel. No bedrock exposures were
observed on the property during field reconnaissance. In the absence of good
bedrock exposures with which to directly observe bedrock fractures, the yields of
randomly -sited water wells can be used as a proxy for fracture density. Table 1
summarizes data from 52 wells in the current county database that were
constructed in the same bedrock formation as underlies this property.
Tahie 1: Domestic water well statistics from Albemarle Countv database
Geologic map unit yield
gallons per minute)
total well depth
feet)
casing length
feet)
count
Ygb
biotite - muscovite average: 9.6 average: 186 average: 42 52
leucogranite gneiss)
maximum: 60 maximum: 700 maximum: 102
There are ten wells in the Albemarle County database that are within 2500 feet of
the property (Figure 3). Data from those wells are reported in Table 2.
Table 2: Data for wells (Albemarle database) within 2500 feet of proposed development
total depth (feet) casing length (feet) yield (gallons per minute)
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Overall, the data indicate that local biotite- muscovite leucocratic gneiss bedrock
is favorable for groundwater development in terms of fracture density. However,
the success of a water well drilled at a given location still depends on whether or
not the well intersects water - bearing fractures. A dry hole results if no water -
bearing fractures are encountered at the chosen drilling site.
Soils and saprolite
According to published soils mapping (USDA Soil Conservation Service, Soil
Survey of Albemarle County, 1985), the site is underlain by two variants of the
Hayesville Loam (37B & 37C) and the Braddock Loam (7B) (Figure 4).
Hayesville soils are deep, well drained soils weathered from the gneissic parent
material. These soils occupy the side slopes of the site. Permeability and
available water capacity are moderate. Surface runoff is medium and erosion
hazard is moderate. Shrink -swell potential is low.
Braddock soils are deep, well drained and weathered from alluvial fan deposits
that capped the residual underlying soils and saprolite. Permeability and
available water capacity are moderate. Surface runoff is medium and erosion
hazard is moderate. Shrink -swell potential is moderate
The soils on site have the potential to contribute favorably to groundwater
recharge where land cover does not inhibit infiltration of rainwater.
Figure 4: Soils mapping in the vicinity of TMP 5513-1
36B Hayesville loam,
2 - 7 slope
37C3: Hayesville clay loam,
7 - 15 slope
7B Braddock loam,
2 - 7% slope
source: US Department of Agncullure,
Soil Conservation Senace, Soil Survey
of Albemarle County, Virginia, 1985
Groundwater flow, recharae and discharae
The property is situated immediately south of a drainage divide between
Lickinghole Creek drainage to the north, and Stockton Creek to the south (Figure
5). Groundwater flow across the parcel is estimated to be generally in a
southerly direction. Ultimately, groundwater at shallow levels discharges into an
unnamed tributary of Stockton Creek on adjoining parcels to the south, and into
Stockton Creek proper.
Groundwater sensitivity
Contaminant threats
The proposed development does coincide with areas of recognized groundwater
sensitivity according to Albemarle County studies and databases that were
assembled during the 2003 Albemarle County Hydrogeologic Assessment,
Phase II (Figure 6).
There are 4 leaking underground storage tank (LUST) sites within 1000 feet of
the property (Table 3). Due to the proximity of these LUST sites, the applicant
will need to test the well for presence of volatile organic compounds (VOC) in
accordance with Albemarle County ordinance 05 - E(1) prior to issuance of a
building permit.
z...v,.,.,r ,r.< ,.,....i. _ .._.- r,,.,- „ :,,, r. r:.:.•.:- ,:h>r.r.,: .,: ,r, , ,,.- ..',,,.3:;.x,.:;. _ :::.;," 3. +._ ; r;: ._ :,, ..- _,._..,« «s,,••r.,:-3 i}` T- ; ' - - .r - } t^- ' t, is •rr<r3.<n .c°,c:.,ar,., ,,.,4_,rTal91a3., LUST: sitesnwlhln .OQ'Q'fee >ofTMP.S5..,S:a( source .,Virr;iiiiaQEL2ciatabasei. , ,. .;, s£,.: :;:s:rA:,
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19891499 1120 Brownsville Market Closed Suspected Albemarle County 38.0496792 78.71017691 5995 Rockfish Gap Tpke
19995097 2562 Brownsville Market Closed Confirmed Albemarle County 38.04993969 78.70965397 5995 Rockfish Gap Tpke
19995094 2559 Ridge Mini Market Coen Confirmed Albemarle County 38.04970037 78.71274657 6098 Rockfish Gap Tpke
19975 2288 Munger Well Closed Confirmed Albemarle County 38.04942562 78.71722149 6254 Hillsboro Ln
There are approximately 29 existing drainfields, locations inferred from air photos
and field reconnaissance, within 2500 feet of the proposed development (Figure
3). Few if any of these are up hydrologic gradient from the property, and none
are considered to pose contaminant threats to the property under normal
circumstances.
Threats to existing users of groundwater
The proposed development anticipates using a maximum of 725 gallons per day
in kitchen and bath facilities (documentation attached). This proposed
withdrawal of groundwater is not consumptive, to the extent that virtually all of
this water will be returned to the ground as recharge through a drainfield.
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A conservative estimate of groundwater recharge for the site is on the order of
2115 gallons per day (calculations below). Available recharge is more than
adequate to supply the proposed withdrawal of 725 gallons per day.
It is not anticipated that groundwater withdrawal of this magnitude will impact
existing wells on adjoining parcels or elsewhere in terms of groundwater supply.
The proposed use does not pose threats of groundwater contamination under
normal circumstances.
Water budget estimate for site
Annual precipitation: 46 inches
Conservative estimate for percentage of precipitation contributing to groundwater
recharge: 15%
Annual groundwater recharge: 6.9 inches
Daily groundwater recharge: .0189 inches = .0016 feet
Daily recharge per acre: .0016 feet X 43560 square feet per acre = 69.7 cubic
feet
Gallons recharge per day per acre: 69.76 cubic feet X 7.48 gallons per cubic
foot = 521 gallons per day per acre
Gallons per day recharge over entire site: 521 gallons per acre X 4.06 acres=
2115 gallons per day
Predicted groundwater withdrawal on site: 725 gallons per day
Reserve wellfield
If the primary well fails due to contamination or lack of water, it will be necessary
to develop another water source. The options for locating a second well will be
limited by the size of the parcel and required set -backs from drainfields, parking
lots etc.
Dedicated Monitoring well
Due to the small size of the property, this would probably not be an appropriate
location for installation of a dedicated monitoring well.
Groundwater management plan
The proposed development will seek to minimize degrading groundwater
recharge by implementing runoff - neutral site design and storm water
management strategies that minimize offsite runoff.
Submitted by Nic
October 3, 2008
DE:PARTNiE1\' 7 'F30- BSiOiVAL 4I1M )CCUPA L
l.,) I}VIJNlNr /'iL7 H Os VIRGINIA — nur,Ser,XPIRES ,J 3600 Nest Broad Street. Richmond, VA 232
08-31-2009 Tetenhorlc: 1 (804) 367 -8501) 2801 001041
BOARD FOR GEOLOGY
CERTIFIED AS A PROFESSIONAL GEOLOGIST
NICHOLAS H EVANS
4609 BURNLEY STATION ROAD _
BARBOURSVILLE, VA 22923 o-- t L B-t^
ISE= P. =VERS- SIDE FOR NAME ANDIOR AODF._SS C4A;43E
Qld Dominion Engineering
October 3, 2008
Josh Rubinstein, Groundwater N'lanager
Albemarle Count) Community Development Office
401 NICInurc Road, North Wing
Charlottesville, VA 22902 -4596
SUBJECT: RE- STORE'N STATION ESTIMATED WATER USAGE
Property Owner: Jeffries II, LLC
Propert} Address: 65115 Rockfish Gap Tnpk, Crozet, VA
Acreage: 4.06 acres, Tlv1 55B -1
Albemarle County
Property Use
The proposed use for the propert}' is a 6000 square foot convenience store and deli with gas pumps.
Average Daily W%'ater Usage
Water usage data was obtained for five similar facilities. Each of them have a convenience store, deli and gas
pumps. Based on this data, the average water usage was 725 gpd. The facility most similar to the Pe- Store'N
Station in terms of size and location is the Brownsville Market whose average water usage was 648 gpd.
However, for the Re- Store'N Station, the more comprehensive average of 725 gpd will be used. This water
usage is far less than 2000 gallons per dap. ri Tier III Groundwater Assessment is adequai e for the proposed
protect rind no special use permit will be required.
Shown below is the actual water usage data and the locations of the similar facuities.
Aveiage warcr usagc of all facdJuee ic. 2 1,750 gallon:; pct month 01 72.` gallons pei .lav
GAS STATIONS WITH CONVENIENCE AND FOOD TAKE OUT SERVICE
Water used in gallons / month
Date Liberty Shell Shall BP (R Brownsville
RT29 & Airport Rd)RT29 & Greenbrier)RT250 Free Bridge)RT250 Market
Nov -07 20,200 24,100 18,.`500 20,300 16,000
Oct -07 24,300 2:',100 29,500 21,300 17,600
Sep -07 21,300 19,600 23,100 23,300 22,000
Aug -07 23,000 27,(300 27,800 23,)00 19,400
Jul -07 22,400 23,100 16,500 24,!300 19,800
Jun -07 28,900 26 „300 13,700 26,300 22,300
Mav -07 28,000 26,500 14,800 25, 100 21,100
Apr -07 23,300 26,300 18,400 19,200 21,400
Mar -07 14,900 23,500 15,800 22,000 20,000
Feb -07 15,800 23,500 23,100 16, ;300 18,000
Jan -07 17,200 22,900 18,300 24,900 16,000
Dec -06 19,200 30,700 16,300 30,200
Ave Gal/ Month 21,542 24,683 19,650 23,458 19418
Aveiage warcr usagc of all facdJuee ic. 2 1,750 gallon:; pct month 01 72.` gallons pei .lav
Octoher 3, 2008
The water used at die facility \vill he for food preparation and sanitary uses. Virtually all waver used in this
facility will be returned to the site as treated wastewater effluent into the onslte wastewater (Gsposal system and
ultimately for groundwater recharge.
Sincerely,
Michael Cmun PL,
Old Dominion E TIP1ncerint>
20)6 Foresl IJrivc • Waynesboro, VA 229130
PHONE (.`i4U) 042 -5600 • FAX (540) 21-7, -0297
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
SP200900034 Re -Store `N Station
SUBJECT /PROPOSAL /REQUEST:
Request to withdraw more than four hundred (400)
gallons of groundwater per site acre per day.
STAFF CONTACT(S):
Messrs. Tucker, Foley, Davis, Graham, Fritz, Ms.
Frederick.
LEGAL REVIEW: Yes
AGENDA DATE:
October 13, 2010
ACTION: x INFORMATION:
CONSENT AGENDA:
ACTION: INFORMATION:
ATTACHMENTS: Yes
REVIEWED BY:
BACKGROUND:
In October 2008, an application was received requesting approval of a preliminary site plan to construct a
convenience store with gas pumps and associated parking. In January, 2009 the Deputy Zoning Administrator
Deputy) made an official determination that the proposed site plan would require a special use permit for water
consumption because the use would cause water consumption of more than 400 gallons per site acre per day and its
water source is a private well. This determination was appealed to the Board of Zoning Appeals (BZA) by the
applicant in February 2009 and deferred at the applicant's request. The applicant submitted additional data regarding
the proposed development's projected water consumption with a request that the Deputy's determination be
reconsidered. In October 2009, the applicant submitted a revised site plan, and requested a determination regarding
water consumption based on the redesigned project scope. In November 2009, the Deputy determined that the
proposed redesigned project would still require a special use permit for water consumption. The applicant submitted
an application for a special use permit in December 2009. The application for a special use permit was heard before
the Albemarle County Planning Commission on June 8, 2010. (Attachment A) The Planning Commission
recommended denial of the application by a vote of 4 -1. (Attachment B) Based on subsequent information submitted
by the applicant, the Deputy reaffirmed on August 27, 2010 the requirement of a special use permit.
DISCUSSION:
Sec. 18- 31.6.1 of the County Code establishes the findings that must be made by the Board to approve a special use
permit. Staff's analysis of this application, as presented in the staff report provided in Attachment A, focused on
determining the impact caused by exceeding the by -right water consumption permitted. Staff's consideration is limited
to the impacts associated with the water consumption, recognizing the site plan is otherwise a by -right use of the
property. By- right, the applicant may consume 400 gallons per site acre per day (a total of 1624 gallons per day for
this site). The applicant's request is to permit the consumption of 400.25 gallons per acre per day (a total of 1625
gallons per day for this site). In reviewing the application, staff believes that there is not sufficient data to guarantee
groundwater failure will not occur, however, the proposed or projected water consumption on this parcel as restricted
by the special use permit and viewed from an engineering standpoint has no greater impact on adjacent properties
than water consumption permitted by- right. Additionally, the proposed use will not change the character of the
applicable zoning district, and it is in harmony with the purpose and intent of the Ordinance as it pertains to the
designated HC- Highway Commercial district.
The applicant has supplied a Tier III Groundwater Study, conducted and compiled by a state certified geologist. It is
staff's opinion that the processes used to prepare the Groundwater Study are sound. This study indicates adequate
water supply is available on site. A study submitted by a member of the public, also a state certified geologist, raises
questions regarding the adequacy of the water supply. This conflicting data provides a point of concern regarding the
general welfare of adjacent landowners. General welfare is a required finding in the Ordinance's special use permit
review process.
Finally, this site, notwithstanding its HC Zoning, is designated Rural Areas. The Board should consider if a special
use for a use determined to require consumption of more than 400 gallons of water per site acre per day, with
reasonable conditions, is consistent with the Comprehensive Plan. Staff believes that this use with a condition
restricting water consumption to 1625 gallons per day is consistent with water consumption expected in the Rural
Areas.
AGENDA TITLE: SP200900034 Re -Store 'N Station
October 13, 2010
Page 2
BUDGET IMPACT:
A recommended condition of approval will require periodic monitoring by the Zoning Administrator. This may
have minimal budgetary impacts.
RECOMMENDATIONS:
Staff recommends approval of SP2009 -34 with the following conditions:
1) The applicant shall install a meter on the well -head to monitor water consumption. Prior to installation, the model of
said meter will be approved by the Zoning Administer, in consultation with the County Engineer. Results of daily
water consumption monitoring results will be made available within forty -eight (48) hours of a request from the Zoning
Administrator; and
2) Water consumption shall be restricted to no more than 1,625 gallons per day.
ATTACHMENTS
A — Planning Commission Staff Report
B — Planning Commission Action Letter
C — Applicant Information Submitted after PC review
D — Zobrist Law Group Letter (August 23)
E — Zobrist Law Group Letter (Sept 20)
F — Tom Goeke Letter
View PC minutes
Return to regular agenda
RE STORE N STAT101\
LBEM/
RLE (-
TI\
October 15 200
5
PRELIMINAIZY SITE PLAN P
PPLIGTION
SDP 2003- 00154)
INDEX OF SHEETS
DRAWING NO SHEET NO.TITLE
G -I I OF 12 COVER SHEET
G -2 2 OF 12 NOTES
G -3 3 OF 12 EXISTING GONDITION5 4 DEMOLITION PLAN
G -4 4 OF 12 RTE 250 - ENTRANGE PLAN
G -5 5 OF 12 SITE LAYOUT PLAN
G -6 6 OF I2 GRADIN6 PLAN
G -1 1 OF 12 SEPTIC 4 UTILITY PLAN
G -8 8 OF 12 DIMENSION PLAN
G -9 9 OF 12 DETAIL SHEET
G -10 10 OF 12 LAND5GAPIN6 /5ITE LI6HTIN6 PLAN
G -'1 II OF 12 PHOTOMETRIC PLAN
G -12 12 OF 12 PHOTOMETRIC PLAN DETAILS
DEPARTMENT OF COMMUNITY DEVELOPMENT
PLANNER/
ZONIN6
ENGINEER
JEFFRIES II LLG
DATE
BUILDING OFFICIAL
S ?
y
xm
51TE ADDRESS:
DATE
ARCHITECTURAL REVIEW BOARD
61'5 ROCKFI5H GAP TURNPIKE
DATE
FIRE OFFICIAL
NP ENOINEERIN6
DATE
ALBEMARLE COUNTY SERVICE AUTHORITY
CHARLOTTESVILLE, VA 22901
DATE
VIRGINIA DEPARTMENT OF TRANSPORTAT
ROGER W RAY 4 ASSOCIATES, ING
SOURCE OF TOPOGRAPHY:
DATE
VIGNT'
Y MAP
SCALE- I "= 2000'
SITE DATA
OWNER/
APPLICANT:JEFFRIES II LLG
P.
0
BOX 910
S ?
y xm
51TE ADDRESS:
RESTORE'
N 5TATION
nort4
i
Y
L
fi
e: 3 3
8
61'5 ROCKFI5H GAP TURNPIKE
r'>
sZ7
SITE
ENGINEER
NP ENOINEERIN6
680 IVY FARM DRIVE
CHARLOTTESVILLE, VA 22901
TELEPHONE - (434) 53' -"1381
SOURCE OF 5URVEY.
ROGER W RAY 4 ASSOCIATES, ING
SOURCE OF TOPOGRAPHY:ROGER W RAY 4 A55OGIATE5, ING
DATUM OF SURVEY:NAVD 88
COUNTY, STATE:ALBEMARLE COUNTY, VA
MA615TERIAL 015TRIGT:
SITE DATA
OWNER/
APPLICANT:JEFFRIES II LLG
P.
0 BOX 910
CROZET, VA 22932
51TE ADDRESS:RESTORE'
N 5TATION
61'5 ROCKFI5H GAP TURNPIKE
GROZET, VA 22932
ENGINEER NP ENOINEERIN6
680 IVY FARM DRIVE
CHARLOTTESVILLE, VA 22901
TELEPHONE - (434) 53' -"1381
SOURCE OF 5URVEY.ROGER W RAY 4 ASSOCIATES, ING
SOURCE OF TOPOGRAPHY:ROGER W RAY 4 A55OGIATE5, ING
DATUM OF SURVEY:NAVD 88
COUNTY, STATE:ALBEMARLE COUNTY, VA
MA615TERIAL 015TRIGT:WHITE HALL
TAX MAP REFERENCE:55B -I
ZONING:HG HIGHWAY - COMMERCIAL
SETBACK REQUIREMENT5 FRONT -
BUILDIN6 30'
PARKING: 10'
REAR -
EUILDIN6: 50'
PARKIN6. 20' (JNDI5TURBED BUFFER)
l^Q-5T SIDE (AD,IAGENT TO RA ZONIN6) -
BUILDIN6: 50'
PARK IN6. 20'(
UNDISTURBED BUFFER)
EAST 51PE (AD -AGENT TO HG ZONING) -
BUILDIN6. O'
G:PARKIN10'
EXISTING U5E5:VACANT
PROP05ED USE5.GOMMERGtAL (6A5 STATION 4 GGONVENIENGE STORE)
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LAND U5E 5 PROPOSED
B0ILDIN6 4150.00 50 FT.(2.68 %)
FAVED (OR 6RAVEL) 60,21LI5 50 FT (54 06 %)
OPEN SPACE 111915.
46 50. FT. (632(, %)
TOTAL 1"
76,99659 50 FT (4 06 Ac)
PARKING SGHEDULE: REQUIRED PARKING
RETAIL U5E NOT OTHERWI5E IDENTIFIED
FIRST 5,
000 65F
4,
150 65F x 0.80 a 1 5PAGE/100 65F = 38 5PAGE5
OFFICE (PARTIAL 2nd FLOOR)
1,
000 615F x 0.
80 a 1 SPAGE/
200 65F = 4 5PAGE5
TOTAL PARKING REQUIRED FOR THiS SITE = 38 + 4 = 42 SPACES
TOTAL PARKING 5PAGE5 PROVIDED = 41 5PAGE5 + 3 HANDICAP = 44 5PAGE5
WATER RE50LIRCE AREA.
RESERVOIR WATERSHED:
FLOODPLAIN:
MAXIMUM BUILDIN6 HEIGHT
5IGNA&E:
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THE SITE LE5 WITHIN THE BEAVER GREEK RESERVOIR WATER5HED
THE SITE DOES NOT LIE WITHIN A FLOODPLAIN 9/16100
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MAXIMUM BUILDING HEIGHT IS 35'
ALL 516N5 MUST BE APPROVED BY ARB
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MAXIMUM NUMBER OF EMPLOYEES = 10 T
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680 Ivvyy Farm Drive
Ghorl lle, Virginia 22901
434) 531 -138
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ATTACHMENT C
2564 Mt. Torrey Rd Lyndhurst, Virginia 22980 434 - 326 -0334 (fax) 434 - 326 - 0340 Page 1
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Analysis of raw from HRSD
Includes Original email
Map showing location
VDOT traffic count info sheet
5 Pages)
ATTACHMENT D
564 Mt. Torrey Rd Lyndhurst, Virginia 22980 434 - 326 -0334 (fax) 434 - 326 - 0340 Page 1
Analysis of raw data from HRSD email dated 2/16/2009
Store H - 8017 West Broad Street (RT 250), Richmond
Located in Henrico Count , Va
Meter Reading Days in Conversion Gal in Gal per
CCF Period I Factor eriod day
138 59 748
119 66 748
89 53 748
105 66 748
94 57 748
116 65 748
748 494428 1351661366
494428 gallons in 366 days equals 1351 AVERAGE gallons per day
Page 1 of 2
f
Subj: RE: Info on Water Volumes for a Commercial Property
Date: 2/16/2009 2:14:52 P.M. Eastern Standard Time
From: cox.-@co, h enn-co.va.us
To: Musxit- @aol.com
You are correct in the calculations. The day use is the number of days in that bill cycle.
From: Musxit @aol.com [mailto:Musxit @aol.com]
Sent: Monday, February 16, 2009 2:11 PM
To: Cox, Mary
Subject: Re: Info on Water Volumes for a Commercial Property
Thank you Ms. Cox:
Just want to make sure I am reading this correctly.
Hist Cycle - Is this the period of time? Is it billed every other month so
138 (Cons.) x 748 = 103,224 gallons for 2 months
so this is 103,224 divided by 2 = 51,612 gallons per month.
What does the "59" under "Day Use" mean?
Just trying to make sure that it is included in the 138.
Your assistance is greatly appreciated.
Thanks Jo Higgins
In a message dated 2/16/2009 1:51:09 P.M. Eastern Standard Time, cox @co.henrico.va.us writes:
I am forwarding the consumption for the address have requested. Henrico County bills in units, each
unit is 748 gallons.
Good Morning -
I am working on a report about water consumption for commercial properties = specificallyconveniencestores. I have looked at a store in your service area (I think it is) which is a WaWa at
8017 W Broad Street. All I need is the monthly or whatever period you meter for the past year's water
consumption say from Jan 2008 through Jan 2009.
Monday, April 13, 2009 AOL: Musxit
From: Musxit @aol.com [mailto:Musxit@aol.com]
Sent: Sunday, February 15, 2009 6:38 PM
To: Cox, Mary
Subject: Info on Water Volumes for a Commercial Property
For the record, I am not asking for any financial or personal information on the property just the
amount of water that the store uses.
I received similar information from Albemarle County Service Authority and from Waterworks of
Newport News for store locations in their areas.
Your assistance is appreciated.
70 -miggi ZS
Project Development Limited LC
104 Ana Marie Blvd
Waynesboro, VA 22980
434 - 326 - 0334 (rings cell also)
fax 434 - 326 - 0340
A Good Credit Score is 700 or Above. See yours in just 2 easy steps!
A Good Credit Score is 700 or Above. See-yours in just 2 easy steps!
Monday, April 13, 2009 AOL: Musxit
I .. - (AU L 1\.JW111101ILI, v /-x ay mapQuest Page 2 of 2R
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Analysis of raw from HRSD
Includes Original email
Map showing location
York County Assessors Info
VDOT traffic count info sheet
6 Pages)
ATTACHMENT E
564 Mt. Torrey Rd Lyndhurst, Virginia 22980 434 - 326 -0334 (fax) 434 - 326 - 0340 Page 1
Analysis of raw data from HRSD email dated 2/17/2009
Store I - 842 Merrimac Trail - York County, Va
Meter Reading Days in
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Factor
Gal in
eriod
Gal per
day -Date_
1/25/2008 45 unk
2/12/2008 42 18 748 31416 1745
3/14/2008 38 30 748 28424 947
4/11/2008 37 26 748 27676 1064
5/12/2008 44 31 748 32912 1062
6/12/2008 36 31 748 26928 869
8/4/2008 45 22 748 33660 1530
8/15/2008 41 43 748 30668 713
9/18/2008 41 34 748 30668 902
10/16/2008 46 30 748 34408 1147
11/14/2008 40 29 748 29920 1032
12/15/2008 37 31 748 27676 893
1/23/2009 42 39 748 31416 806
364 365772
8/4/2008 reading was assumed to be taken on 7/4/2008
365772 gallons in 364 days equals 1005 AVERAGE gallons per play
Page 1 of 2
Subj: Fwd: Water Use for a convenience store - 842 Merrimac Trl,
Date: 2/17/2009 11:48:29 A.M. Eastern Standard Time
From: Musxi
To: Gbrooks @albemarle.org, rhiggins@albemarle.org
BCC: msprouse67 @nccwild.blue.com
Glenn - Last minute data just recei,4ed. _ \
ii itpy, HRSD sent the water u`s to for the other a location
842 Merrimac Trail. It is 5,940 sf, 12,4n 6 water closets.
Below is them ly amount i CF so using 74 the conversion -"c r
The high is 46 x 7 - 34,4 gallons per month /30 = 1,146 ga
The average for the 14 hs of data is 40.5 units x 748 = 294 allons
Williamsburg
n
day.
moor 1,010 gallons per day.
This provides v2 locat ns with datafi roves that eventhou exte
4
s igots pro e some water for
external sidewalk shing and even withou incentive tqelminim,ze wate e - the r usage for a store
of the same size in the range of 1,010 to 1,352 gpd whXh is significantly less than 1,624.
I would verb/ much appreciate your patience in con si ring this new information.
thanks Jo Higgins //
From: KLYNCH @HRSD.COM
To: Musxit @aol.com, Customerinquiry@hrsd.com
Sent: 2/17/2009 11:34:20 A.M. Eastern Standard Time
Subj: RE: Water Use for a convenience store
Ms. Higgins,
HRSD does service York County and Williamsburg and the address you referenced. It is currently
under Wawa's name. The usage, in CCF, for that (5/8)" meter is:
01/25/08 -45 CCF
02/12/08 --42 CCF
03/14/08 -38 CCF
04/11/08 -37 CCF
05/12/08 -44 CCF
06/12/08 -36 CCF
08/04/08 --45 CCF
08/15/08 -41 CCF
09/18/08 -41 CCF
10/16/08 -46 CCF
11/14/08 --40 CCF
12/15/08 -37 CCF
01/23/09 --42 CCF
02/10/09 -33 CCF (this is the latest reading on account)
Thank you,
Kara E. Lynch
CIS Account Representative,
Payments
HRSD
klynch @hrsd.com
Tuesday, February 17, 2009 AOL: Musxit
Page 2 of 2
From: Musxit @aol.com [mailto:Musxit @aol.com)
Sent: Sun 2/15/09 6:43 PM
To: Lynch, Kara
Subject: Re: Water Use for a convenience store
Dear Ms. Lynch -
Thank you so much for sending this information.
To complete my report, I needed a couple other locations. One is in Henrico County and the other is
located in York County. I went to York County info and it advised that some of York County is served
by Waterworks of Newport News.
Please check and advise if
842 Merrimac Trail is in your service area.
If so, please send the Jan 08 thru Jan 09 history of water usage.
I hate to bother you again. Thank you in advance for your help.
If you don't serve that area, do you know who does? (There are several listed on the web site
information).
Thank You
Jo Higgins
A Good Credit Score is 700 or Above. See yours in. just 2 easy steps!
Tuesday, February 17, 2009 AOL: Musxit
te — U-TZ. IVAC1 t n w VA by MapQuest
MAPQUEIST
Wawa
on Merrimac Trail just North of Pennlmen Rd
A: 842 Merrimac Tri, Williamsburg, VA 23185 -5314
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MapQuest Your use of MapQuest means you agree to our 7erm> of Use
http: / /www.mapquest.com / maps ?city = Williamsburg &state =VA &address =842 +Merrimac +... 2/15/2009
j ... —1 1111attvtt. o'iG ivlr tUU1V1A1` I KL Page l of 1
Property Information: 842 MERRIMAC TRL Go to Map; search Results; New search; Pnntl
Owner Information
Owner Name:WAWA INC Census Tram 50700
Mailing Address 1.260 W BALTIMORE PIKE Gov District BRUTON
Mailing Address 2:Flood Map:51018200308
7/21/2004City /StateZip Code WAWA PA 19063 Date of Sale:
Deed Reference:Consideration'0
Prior Owner information
Prior Owners Name:Deed Reference
Date of Sale:Consideration:
Owner Information
wners NameE 2nd Deed Reference.
Sale:2nd Consideration.
Current Year Value Information
Land Value.
Improvement Value:
Total Value:
1,308.500
51.075.000
2,383,500
Land Information
galLegal Description:RESUB OF THE BINGLEY ESTATE PARCEL C
Zoning:GB. General Business
F14d- 3498 -0600 Public Sewer:Septic System:
Map Number.10 -07 -00 -000C Public Water Waterfront.N
Acreage:3.004 Well:
Building Information
Stones:1 Year Built 2006 Roof Type:METAL
Total Rooms:Year Remodeled Exterior Finish:BRICK
Bedrooms:Q FT.5940 Interior Finish:SHEET ROCK
Bathrooms:Condition:NEW Floor Finish:TILE
Fireplace Foundation Type:SLAB Basement NONE
Central Heat:Y Central Air:Y Fuel Type.GAS -FA
Building Details Other Details
Description Size /Quantity Description Size/Quantity
0 ASPHALT 2"64993
0 SIP 11LIGHT 9
0 CANOPY, GAS 6000 u/
Baths are listed by number or half baths (1.1 = 1 full
aannd
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Project Development LLC
PC MINUTES
SUP 2008 - 033
BOS MINUTES 12 -03 -2008
ATTACHMENT F
2564 Mt. Torrey Rd, Lyndhurst, Virginia 22980 434 — 326- 0334 (fax) 434 — 326 - 0334
Page
COUNTY OF ALBEMARLE STAFF REPORT SUMMARY
Project Name:Staff: Scott Clark
SP 2008 -00033 Shadwell Market
Planning Commission Public Hearing:Board of Supervisors Public Hearing:
November 11, 2008 December 3, 2008
Owners: Lloyd Wood, Jr.a PP!: --anit: Lloyd d ; -i i.
Acreage: 1.18 acres Special Use Permit for: Groundwater use
over 400 gallons per site -acre per day on C -1
zoned property not served by public water.
TMP: Tax Map 79 Parcel 10 Conditions: No
Location: Intersection of Richmond Road
US 250) and Louisa Road (Route 22).
Existing Zoning and By -right use: C -1 Magisterial District: Rivanna
Commercial - retail sales and service uses;
and residential use by special use permit (1_5
units/ acre); EC Entrance Corridor -
Overlay to protect properties of historic,
architectural or cultural significance from
visual impacts of development along routes of
tourist access
Requested # of Dwelling Units: N/A DA RA X
Proposal: Use of more than 400 gallons of Comprehensive Plan Designation: RA -
groundwater per site -acre per day for Rural Areas preserve and protect
convenience store.agricultural, forestal, open space, and natural,
historic and scenic resources/ density (.5 unit/
acre)
Character of Property: This property is a Use of Surrounding Properties:
small, cleared site used for a long- established Surrounding properties include a quarry, a
gas station and convenience store.railroad, commercial uses, and the planned
site of a church.
Factors Favorable:Factors Unfavorable:
1. The requested level of water use would 1. MTBE contamination has been found
not affect the water supply of nearby at a nearby site. However, it is not
properties.expected that the requested water use
would lead to contamination on this
site. If it did occur, MTBE can be
easily detected and filtered out of the
water.
RECOMMENDATION: Staff recommends approval of SP 2008- 00033.
r
Petition
PROPOSED: Use of more than 400 gallons of groundwater per site -acre per day for convenience store.
ZONING CATEGORY /GENERAL USAGE: C -1 Commercial - retail sales and service uses; and
residential use by special use permit (15 units/ acre); EC Entrance Corridor - Overlay to protect properties
of historic. from, viJnrai irriPlcts of development along routes of tourist
access
SECTION: 22.2.2.11, Uses permitted by right, not served by public water, involving water consumption
exceeding four hundred (400) gallons per site acre per day. Uses permitted by right, not served by public
sewer, involving anticipated discharge of sewage other than domestic wastes.
COMPREHENSIVE PLAN LAND USE/DENSITY: Rural Areas - preserve and protect agricultural,
forestal, open space, and natural, historic and scenic resources/ density ( .5 unit/ acre in development lots)
ENTRANCE CORRIDOR: Yes
LOCATION: Intersection of US 250 (Richmond Road) and Route 22/231
TAX MAP/PARCEL: Tax Map 79 Parcel 9
MAGISTERIAL DISTRICT: Scottsville
Character of the Area:
The immediate surroundings include commercial and highway- related uses, a railroad, and the Luck
Stone quarry. However, to the north (across I -64) the area is characterized by large rural estates along the
Southwest Mountains.
Specifics of the Proposal:
Section 22.2.2.11 of the Zoning Ordinance requires uses in the C -1 zoning district that are not served by
public water to obtain a special use permit if they use more than 400 gallons per site -acre per day. As this
site is expected to use approximately 1,000 gallons per day (estimate based on septic- output numbers
from the Virginia Department of Health), but is located on a very small site, this requirement must be
met.
The water would be used for a gas station and convenience store with food service. This is a by -right use
in the C -1 district, and the site is currently being redeveloped with a new store that will replace the long -
stranding store on the site.
This request is only for the water usage, and not for the store use —the store itself is a by -right use in the
C -1 zoning district.
Plannine and Zoning Histo
ZMA 2002- 00009: On November 6, 2002, the Board of Supervisors approved this rezoning, which
only affected the portion of the property located south of US 250. The northern portion had always
had commercial zoning, but the southern portion was rezoned by the County during the 1980
comprehensive rezoning. This made it impossible to use the southern portion for C -1 related impacts,
including the septic field for the store. Approval of this rezoning applied C -I zoning to the entire
property.
SDP 2007 - 00155: This final site plan for the redevelopment of the store on this site is still under
review, pending a decision on this special use permit request. The site plan would permit
redevelopment of the site and would accommodate planned safety improvement to the VA 22/US 250
intersection.
Conformity with the Comprehensive Plan:
The Comprehensive Plan designates the site as Rural Areas, emphasizing the preservation and protection
of agricultural, forestal, open space, and natural, historic and scenic resources. However, the C -1 zoning
of this property recognizes the established commercial nature of the site.
The character of the surrounding area is unusual, as it contains LI Light Industrial, HC Highway
Commercial, and NR Natural Resource Overlay zoning within areas designated as Rural Areas in the
STAFF COMMENT:
Staff will address each provision of Section 31.2.4.1 of the Zoning Ordinance.
31.2.4.1: Special Use Permits provided for in this ordinance may be issued upon a finding by the
Board of Supervisors that such use will not be of substantial detriment to adjacent property,
The Groundwater Manager has made the following review of the proposed water useage:
The well completion report for the well on TMP 79 - 9 shows a yield of 15 gallons per minute.
At that rate, the 1,000 gallons per day maximum use estimated by the Virginia Department of
Health would represent only 6.5% of the flow over the 17 hours per day the present store
operates. There is ample water to support the planned use. The small percentage of the
groundwater flow that the store will require would most likely neither effect the speed and
direction of the flow, nor the quantity of water available to the neighbors.
Therefore no substantial detriment to adjacent property is expected.
that the character of the district will not be changed thereby and
No change to the character of the area would occur. The site would continue to be a highway- related
commercial use.
and with the public health, safety and general welfare.
The only known public - health issue on this site is the existence of a methyl tertiary butyl ether
MTBE ") contamination in the soil of the former GOCO oil site across the railroad tracks from this
use. MTBE is a fuel oxygenate that is added to gasoline to help reduce air pollution. The federal
Environmental Protection Agency (EPA) reviewed available health effects information on MTBE in
its 1997 Drinking Water Advisory guidance and decided that there was insufficient information
available to allow EPA to establish quantitative estimates for health risks and as such would not set
health advisory limits. Therefore, while MTBE is of potential health concern, it is currently an
unregulated substance.
No contamination has been found in the Shadwell Market well, and the Groundwater Manager's
review cited above states that the level of use is not sufficient to significantly change the flow of
groundwater in the area. Therefore, it is not expected that the nearby contamination will cause any
health risks on this site. Most concerns with MTBE arise due to the unpleasant taste it causes in
water. Staff discussions with the Virginia Department of Health's Drinking Water division found that
MTBE would be detected by water users even at levels below health concern, and could then be
removed by various EPA - approved filtration methods. Filters are placed on the water line from the
well by the landowner.
SUMMARY:
Staff has identified the following factor favorable to this application:
1. The requested level of water use would not affect the water supply of nearby properties.
Staff has identified the fallov:ir_c.fa: ;or.uCf3 crab'. - , 3 this apYl;,ctiorl.
1. MTBE contamination has been found at a nearby site. However, it is not expected that the
requested water use would lead to contamination on this site. If it did occur, MTBE can be
easily detected and filtered out of the water.
RECOMMENDED ACTION:
Based on the findings contained in this staff report, staff recommends approval of SP 2008 -00033
Shadwell Market.
ATTACHMENTS
Attachment A — Area Map
Attachment B — Detail Map
minutes Page 1 of 3
Albemarle County Planning Commission
11- Nov-08
The Albemarle County Planning Commission held a meeting, work session and public hearing on Tuesday, N
Auditorium, Second Floor, 401 McIntire Road, Charlottesville, Virginia.
Members attending were Calvin Morris, Chairman, Thomas Loach, Linda Porterfield, Marcia Joseph, Bill Edgertor
non - voting representative for the University of Virginia was absent.
Other officials present were Gerald Gatobu, Senior Planner, Ron Higgins, Chief of Zoning; Scott Clark, Senior
Planner; Wayne Cilimberg, Director of Planning; David Benish, Chief of Planning; Amelia McCulley, Director o
Development; Bill Fritz, Chief of Community Development and Greg Kamptner, Deputy County Attomey.
Call to Order and Establish Quorum:
Mr. Morris called the regular meeting to order at 6:00 p.m. and established a quorum.
SP- 2008 -00033 Shadwell Market (Sign # 8 & 20)
PROPOSED: Use of more than 400 gallons of groundwater per site -acre per day for convenience store.
ZONING CATEGORY /GENERAL USAGE: C -1 Commercial - retail sales and service uses; and residential use by
protect properties of historic, architectural or cultural significance from visual impacts of development along routes
SECTION: 22.2.2.11, Uses permitted by right, not served by public water, involving water consumption exceedin
right, not served by public sewer, involving anticipated discharge of sewage other than domestic wastes. COMPF
protect agricultural, forestal, open space, and natural, historic and scenic resources/ density (.5 unit/ acre in devek
LOCATION: Intersection of US 250 (Richmond Road) and Route 221231.TAX MAP /PARCEL: Tax Map 79 Parcel
Mr. Clark presented a Power -point presentation and summarized the staff report.
This is a special use permit request for water usage at the existing Shadwell Market, which is being redeve
adjacent property are zoned C -1, Commercial. Section 22.2.2.11 requires that any use not served by public wate
a special use permit to use that much water. This permit request is for approximately 1,000 gallons of water per c
The request is not for the store itself, which is a by -right use. It is simply for the volume of water used.
There are two main issues with this type of permit. There is water safety for the use itself and the impacts of
in the staff report, the Groundwater Manager's review shows that there is not any expected impact on the neight
site that uses such a low percentage of that potential volume. Therefore, it is unlikely that it will affect the neic
MTBE, a fuel additive, on an adjacent site. Again, however, due to the low volume of use on the site it is not e:
been tested several times including earlier this year. There is no sign of MTBE in the well on this site. Even if it
by anybody that drank the water. It is not a regulated substance. Therefore, they are not able to establish a star
to anybody that drinks the water at that time. It can be filtered out. They don't expect that will the MTBE will move
In summary, staff did not believe that the water availability in the neighboring properties would be affected. S
there is some future concern with MTBE it can be filtered out. Staff recommends approval of the special use perrr
mhtml: file: //M: \SPROUSE- JEFFRIESIILLC \WATER DATA \Shadwell Market - PC min... 12/21/2009
ininutes Page 2 of 3
Mr. Morris invited questions from the Commissioners.
Mr. Loach asked regarding the MTBE if there is any test monitor protocol so that this gets tested routinely to see if
Mr. Clark replied that the only testing he was aware of is the occasional testing that has been done in the past by
would continue in the future. DEQ may consider this as a closed case at this point. .
Mr. Edgerton suggested one way they could address the possible health /safety issue here would be to perhaps
the store. That would, in fact, deal with this if it ever became a problem.
Mr. Loach suggested that a condition could require testing.
Mr. Clark pointed out that right now there is nothing to be filtered.
Mr. Kamptner noted that the condition could require periodic monitoring and once levels reach a certain level, ther
DEQ site.
Mr. Clark replied that it was a close case. The problem with trying to set a value for monitoring is that there ha
unsafe. They have not been able to get any results to show that. .
Mr. Kamptner said that in their building regulations in Chapter 5 of the County Code they have some prerequisitE
zone so that they are not doing draw down that is going to cause a contamination plume to spread. They did estal
Mr. Graham noted that BTEX is an acronym that stands for benzene, toluene, ethylbenzene, and xylenes. MTBE is
Ms. Joseph noted that in a conversation with Josh Rubinstein, Groundwater Manager, this afternoon he said tha
DEQ. They do testing periodically. He said that each of the wells surrounding this area has been tested and the
ground testing from time to time. He explained that because of the draw down he did not feel as this thing wa
diluting as it migrates and they don't know. Therefore, Mr. Edgerton's comments about some sort of a filtration s,
about was that there are some little organic creatures apparently that eat this stuff. So they are working on that a
going on in this area.
Mr. Cilimberg pointed out that recently they dealt with a jurisdictional area request where an owner had MTBE in t
becoming an owner concern before it really would become a public issue. An owner will then say that they have
public water. There is the opportunity through the Board of Supervisors in the jurisdictional process to receive pu
a water line out in that area. It has been granted in this area on two occasions with GOCO and one other prope
Secondly, there is that remedy if there is no other alternative to deal with it.
Ms. Joseph said that the difficulty is the remedy is there, but a lot of this zoning is stale old zoning.
Mr. Cilimberg said that they dealt with it by the jurisdictional area designation of the two existing structures only
where they have existing structures within existing problems.
Ms. Joseph questioned if they are creating a problem in the future by allowing this water usage. She understanc
septic determines the amount of water that can be used in terms of 1,000 gallons per day. What they are looking
Mr. Morris opened the public hearing and invited the applicant to come forward.
Lloyd Wood, property owner, said that they have discussed every issue that the Commission has raised over th
mhtml: file: //M: \SPROUSE- JEFFRIESIILLC \WATER DATA \Shadwell Market - PC min... 12/21/2009
minutes Page 3 of' 3
approved. The only reason, as stated by state, that they are here is that the old store that there was there used
did not about this until they had the site plan before us and they just guessed that the new store would use more
come up with a formula to determine whether they did, there is no formula. They checked with the health departm
thought they were using in the store. In a discussion with the staff he asked that they come up with something.
the 1,000 gallons a day approximately that is the capacity of the drainfields which are on the other side of 250. f
the other side of the rail road tracks. At the request of the county they had an extensive ground water assessm
information to the staff and they tested everything within 1,000 feet, which included all of the sites Ms. Jo,sSph r.
with the prUertv in the Parhr thirfu?c they , nccvv, hao a uECa prooiem. i heir site has been tested as well as t
Mr. Morris invited questions for the applicant.
Ms. Joseph said that she keeps trying to figure out what food service means. She asked if they are doing take out
Mr. Wood replied that it would be like a normal convenience store with sandwiches and carry-out items. There w
been for all these years. They are just bringing it in to the present day existence. He noted that his father built th
would soon have fallen in. He agreed with the staff report. They have worked very closely with staff since ti
something that the Commission will be proud of.
There being no further questions, Mr. Morris closed the public hearing to bring the matter back before the Commis
Motion: Ms. Porterfield moved and Mr. Edgerton seconded to approve SP -2008- 00033, Shadwell Market based o
The motion passed by a vote of 7:0.
Mr. Morris said that SP- 2008 -00033 would go to the Board of Supervisors on December 3, 2008 with the n
recommended approval of SP- 2008 -00033 to the Board of Supervisors to allow the use of more than 400 gallons c
Return to PC actions letter
mhtml: file: / /M: \SPROUSE- JEFFRIESIILLC \WATER DATA \Shadwell Market - PC min... 12/21/2009
December 3, 2008 (Regular Day Meeting)
Page 29)
Code 1967, 12 -97; 4 -9 -80; Ord. of 8-8-90; Code 1988, § 12-29; Ord. 98 8 - 5 -98; Ord. 05
9 2 -7 -05, effective 1 -1 -06; Ord. 08 -9(1), 12 -3 -08)
State reference —Va. Code § 46.2- 752(C)
Sec. 9409 Duration.
The license tax year under rms of this article shall commence on the first day of
r _
January and shall e—,)- e^ '2).'fly lrt-first Dace nLer of Vie calendar year.
Code 1967, § 12 -98; Or - Code § 12-30; Ord. 98 -A(1), 8 -5 -98; Ord. 05-
9(2), 12-7-05 effe 1 -1 -06; Ord, 08 -9(1), 12 -3 -08)
Sec. 9- "Reserved.
Sec,.8 =411 Reserved.
ec.9 -412 Reserved.
L
Agenda Item No. 13. Public Hearing: SP- 2008 -033, Shadwell Market (Signs #8 & 20).
Proposal Use of more than 400 gallons of groundwater per site -acre per day for convenience
store.
Zoning Category /General Usage C -1 Commercial- retail sales and service uses; residential uses
by special use permit (15 units /acre); EC Entrance Corridor Overlay -to protect properties of
historic, architectural or cultural significance from visual impacts of development along routes of
tourist access.
Section 22.2.2.11, Uses permitted by right, not served by public water, involving water
consumption exceeding 400 gallons per site acre per day. Uses permitted by right, not served by
public sewer, involving anticipated discharge of sewage other than domestic wastes.
Comprehensive Plan Land Use /Density Rural Areas - preserve and protect agricultural, forestal,
open space and natural, historic and scenic resources /density (.5 unit/acre in development lots).
Entrance Corridor Yes.
Location: Intersection of US 250 (Richmond Rd) and Routes 22/231.
Tax Map /Parcel Tax Map 79, Parcel 9.
Magisterial District Scottsville.
Notice of this public hearing was advertised in the Daily Progress on ?.)
Mr. Cilimberg summarized the staff's report which is on the in the Clerk's Office and made a part
of the permanent records of the Board of Supervisors. He said this is a request for redevelopment of the
Shadwell Market site to allow usage of groundwater to exceed 400 gallons per site acre per day; at this
time there is a site plan in process. This store is at the corner of Routes 22 and 250 and was zoned for
commercial use prior to the rural area plan for this area. The ordinance permits up to 400 gallons per site
acre per day without special use permit, but since this is expected to exceed that amount a special use
permit is requested. He said staff has found that the requested level of water use would not affect the
supply of groundwater for nearby properties; there is the existence of MTBE contamination in the general
area - based on an analysis done by groundwater staff, they do not expect the requested water use to lead
to contamination on the site. This type of contamination can be easily detected and filtered. He said staff
and the Planning Commission have both recommended approval of this permit with no conditions
attached.
Ms. Thomas asked if the presence of MTBE led to the addition of a jurisdictional (service) area for
the ACSA for what was going to be residential property; was it because there is a taste and odor problem.
Why is this contamination being taken so casually?
Mr. Cilimberg said that jurisdictional area request was made because of the existence of the
contaminant, and because o1 water quality concerns the Board allowed only the existing structures to have
water. In this particular case there is no contamination evident at the site so there is not an issue in
granting the special use permit, but should MTBE become evident on this site, it can be tittered and dealt
with in the future.
Ms. Thomas said she would hate to see creeping jurisdictional lines and would not want approval
to imply that jurisdictional area designation is just around the corner.
Mr. Slutzky asked what effect the increased draw from the groundwater table would have on the
contamination plume from the nearby GOCO site. Mr. Cilimberg said that location is some distance away
and it is difficult to tell from the underground geology whether it is even in the same area of the plume.
Groundwater staff did look at that and a groundwater test was done for the Church of the Nazarene site.
That test found one toot of drawdown per .12 gallons per minute pumped. Using that rate at Shadwell
would allow for a reasonable assumption that pumping 1,000 gallons over the 17 hours per day the store
is open would render a drawdown of 8.17 feet at the well. The staff's report indicates that the distance
below the casing of the Church's well to the water bearing zone is 230 feet and the effect of the drawdown
would be a matter of inches not feet. The judgment is that the drawdown is non - existent or negligible
even pulling this water will not pull on the plume that is in an area farther removed from this location.
With no further questions from staff, Mr. Boyd opened the public hearing and asked the applicant
to speak.
December 3, 2008 (Regular Day Meeting)
Page 30)
Mr. L. F. Wood, owner of the Shadwell Store, said they have been working on this with County
staff for two years. The site plan has been approved except for the special use permit requested today for
the water. The old Shadwell Market used less than 400 gallons per day, but the new store will probably
use more than that as it will be more modern. He said there is no foreseeable reason to believe that any
other contamination can leak into the site as their drawdown will be minimal.
Mr. Slutzky suggested that Mr. Wood explore a geothermal HVAC system, as it might be more
cost - effective for him in the long run. Mr. Wood said the area they are using on the north side of Route
250 is about one -half of an acre, and on the other side of Route 250 is another one -half an acre being
used tar drain fields and a drip system to handle about 1.000 gallons per day. He; aid'he.hos fines tanks
r,dergi uund "lave meant iney are maxed out on space, but he does like the efficiency of a geothermal
system.
With no one from the public rising to speak, the public hearing was closed, and the matter was
placed before the Board.
Mr. Dorrier immediately offered motion to approve SP- 2008 -033. Ms. Thomas seconded the
motion, which passed by the following recorded vote:
AYES: Ms. Thomas, Mr. Boyd, Mr. Darner, Ms. Mallek, Mr. Rooker and Mr. Slutzky.
NAYS: None.
Agenda Item h a 14 Closed Meeting. At 12:16 p.m., motion was offered by Ms. Mallek that the
Board go into a closed meeting pursuant to Section 2.2- 3711(A) of the Code of Virginia under Subsection
1) to consider appointments to boards, committees, and commissions. The motion was seconded by Mr.
Slutzky.
Roll was called, d the motion carried by the following recorded vote.
AYES: Ms. Thomas, Mr. BoyO, Mr. Darner, Ms, Mallek, Mr. Rooker and Mr. Slutzky.
jNAYS: None.
Agenda Item No. 15. Certify,Closed Meeting. At 2:09 p.m., the Board ree ?nvened into open
session.
Motion was immediately offered 'y Ms. Mallek that tiiejBoard certiwby a recorded vote that to
the best of each Board member's knowledge only public business,matters "lawfully exempted trom the
open meeting requirements of the Virginia Freedom of Information Act grid identified in the motion
authorizing the closed session were heard, dis'eussed or considered ia'e closed session.
The motion was seconded by Mr. Rooker, Roil was called, and themQtion carried by the
following recorded vote: \_
AYES: Ms. Thomas, Mr. Boyd, Mr. Dorrier, Ms. Mallek, Mr..Rooker and Mr. Slutzky.
NAYS: None.
Agenda Item No. 16. Boards and Commissions: Vacancies /Appointments.
Mr. Slutzky offered motion to:
Appoint Mr. DeForest (Mike) Mellon to the Natural Heritage Committee with said term to expire
September 30, 2012.
Appoint Mr. Albert LaFavre, Jr. to the Region Ten`Community Services Board to fill an unexpired
term which will end on June 30, 2011.
Appoint Mr. John Spnngett to the Police Department Nzens Advisory Comilaittee to fill an
unexpired term which will end-on March 5, 2010.
Reappoint Mr. Ross Sevens to the ACE Appraisal Review Committee with said ter'rn.to expire
December 31, 2009.
Reappoint Mr. David Booth as an alternate member to the Board of Building Code Appeals ith
said term to expire November 21, 2013.
Reappoint Mr. Bruce Dotson to the Public Recreational Facilities Authority vhl,h said term to expirDecember13, 2011.
Reappoint Mr. Reed Muehlman to the Rivanna Solid Waste Authority Citizens Advisory
Committee with said term to expire December 31, 2010.
The motion was seconded by Mr. Rooker. Roll was called and the motion carried by the following
recorded vote:
PROJECT DEVELOPMENT LLC
VDH
Sewage Disposal System
Construction Permit
12 Pages)
ATTACHMENT G
64 Mt. Torrey Rd Lyndhurst, Virginia 22980 434 - 326 -0334 (fax) 434 - 326 - 0340 Page 1
cr
VIRGINIA Albemarle County Health
DEPARTMENTVYDH Department
PO Box 7546
HEALTH_ .—r,. is »4c:::: '.'Ay
y „y You anti Your Environment 22906
434) 972 -6219
434) 972 -4310
September 16, 2009
Jeffries I1, LLC
P. O. Box 910
Crozet, VA 22932
Subject: Sewage Disposal System Construction Permit
Health Department ID #: 101 -09 -0311
Tax Map Number: 5513-1
System Capacity: 1600 gallons per day
Dear Jeffries II, LLC:
This letter and the attached drawings, specifications and calculations dated July S, 2009
constitute your permit to install a sewage disposal system on the property referenced above.
Your application for a permit was submitted pursuant to §32.1 -163.6 of the Code of Virginia ,
which requires the Virginia Department of Health (VDH) to accept designs for onsite sewage
systems from individuals licensed as Professional Engineers (PEs). This law allows PEs to
design onsite sewage systems that do not fully comply with the Sewage Handling and Disposal
Regulations (12 VAC 5- 610 -10 et seq. ) and requires VDH to accept such designs provided they
comply with standard engineering practices, performance requirements set by the Board of
Health, and certain horizontal setback requirements necessary to protect public health and the
environment.
VDH hereby recognizes that the design submitted by Michael Craun, P.E. complies with
the requirements of the Code of Virginia and grants permission to install the system as designed
in the area shown on the attached plans and specifications.
If modifications or revisions are necessary between now and when the system is
constructed, please contact the PE who designed the system upon which this permit is based.
Should revisions be necessary during construction, your contractor should consult with the PE.
The PE is authorized to make minor adjustments in the location r)* desigr of thz; piuvi
that adequate documentation is provided to the Albemarle Health Department.
The PE that submitted the design for this permit is required by the Sewage Handling and
Disposal Regulations to conduct a final inspection of this sewage system when it is installed and
to submit an inspection report and completion statement to the Albemarle Health Department.
The health department is not required to inspect the installation, but may do so at its sole
discretion. The sewage system may not be placed into operation until you have obtained an
Operation Permit from the Albemarle Health Department.
This Construction Permit is null and void if site and soil conditions are changed from
those shown on your application or if conditions are changed from those shown on the attached
plans and specifications. VDH may revoke or modify any permit if, at a later date, it finds that
the system would threaten public health or the environment. This authorization to construct a
sewage disposal system expires March 16, 2011. This permit is not transferable to another
owner or location.
Sincerely,
7A;*
Josh Kirtley,
Environmental Health Specialist, Sr.
PC: Michael Craun, PE
2036 Forest Drive
Waynesboro, VA 22980
Page 1 of _
Location of property:
nt or Client and address:
PP-1 ES TL LL t-
Po 6b! !Up
GQ 0 f!r- -YA-2 $L-
Prepared by AOSE /PE (name; nd address):
1
Date of Report:
Revision Date:
Contents /Index of this report:
Certification Statement(s)
1 hereby certify that the evaluations and/or designs contained
herein were conducted in accordance with the Sewage Handling
and Disposal Regulations (12 VAC5-610), the Private Well
Regulations (12 VAC5 -615), and other applicable policies of the
Virginia Department of Health. Furthermore, I certify that my
evaluation and/or design contained herein complies with all
applicable laws, regulations, and policies implemented by the
Virginia Department of Health.
I recommend a (r A5VAj •+U_ 4
be
fOf&G t
AOSE /PE Job Number: _
Health Dept. ID. No.:
o?'t .rP4L
optional)
Insert appropriate title: "Construction Permit ", "Subdivision Approval ", "Certification Letter"z
Examples include: "Soil Information Summary", "Soil Profile Descriptions ", "Water Supply De: , ,g.n Specifications ",
Pnmary/Reserve Design Specifications ", "Construction Drawings ", "Site Sketch ", "Product Spcc ,f.cauon Sheet"
PE work is regulated by the Department of Professional and Occupational Regulation. This sect on is considered optional for PEs.
Fill in this blank with the appropriate term: "certification letter", "construction permit ", or "subd vision approval"
s Fill in this blank with the appropriate term: "approved ", or "denied"
Lot __ Section ___, Subdivision A
GPIN or Tax Map #
Latitude/Longitude --- _- ________ _
Commonwealth of Virginia
Application for: ® Sewage System ®Water Supply
VDH Use Only
Health Department ID#
Due Date:
Owner.Jeffries II, LLC
PC 910
Crozet, VA 22932
Phone:1 434 - 511 - 4669
Mailing Address:Phone:434 -531 -4673
Fax:
Agent:Old Dominion Engineering Phone:540- 942 -5600
Mailing Address:2036 Forest Drive
Waynesboro, VA 22980
Phone:540- 255 -1700
Fax:540- 213 -0297
Site Address:6115 Rockfish Gap Tnpk
Crozet, VA Email: olddomeng@ntelos.net
Directions to Property:From Charlottesville take 164 toward Crozet, take Yancey Mill Exit, take a right on Rt. 250,
property is on the right approximately' /. of a mile.
Subdivision: 1 Section: Block: Lot:
Tax Map:5513-1 Other Property
Identification:
Dimension/Acreage
of Pro
4.06 Acres
Sewage System
Type of Approval: Applicants for new construction are advised to apply for a certification letter to determine if land is suitable
for a sewage system and to apply for a construction permit (valid for 18 months) only when ready to build.
For New Construction: Certification Letter ® Construction Permit Subdivision Review
For Existing Construction: Repair Modification Expansion Replacement
Proposed Use:
Single Family Home (Number of Bedrooms ) Multi- Family Dwelling (Total Number of Bedrooms )
Other (describe)Convenience store, gas station, office
Will there be a basement: Yes ® No If yes, will there be fixtures in the Basement? Yes No
Are any conditions proposed on this construction permit? Yes ® No If yes, please check or describe all proposed
Conditions that apply: Reduced Water Flow Limited Occupancy Intermittent or seasonal use
Temporary use not to exceed 1 year Other (describe)
Water Supply
Will the water supply be Public or ® Private Is the Water supply Existing or ® Proposed
If proposed, is this a replacement well? Yes ® No Will the old well be abandoned Yes No
Have any buildings within 100' of the proposed well been termite treated? Yes ® No
All Applicants L
Is this an AOSE/PE application? ® Yes [I No / No If yes, is the AOSE/PE package attached? ® Yes
T
Y
A41C
In order for VDH to process your application you must attach a site sketch and plat of the property. The site sketch shout Qyour property L
actual and/or proposed buildings and the desired location of your well and /or sewage system. When the site evaluation is Ttosmted the lines, Z
building location and the proposed well and sewage system sites must be clearly marked and the property sufficiently vis' the
otherwise this application tyil] be denied. LIC. 11fp 03p 6859 Q ,
give ston a V' nia Department of Health (VDH) to enter onto the property described during normal business thej t
F. sing t is ap h tnto perform quality assurance checks of evaluations and designs certifi y a Authorized On i v ua
ASE) ora profsonal qg ea (PE) as necessary until the sewage disposal system has been cons t ctednd approved. PNAL E
Signature of
Narrative /Calculations
Property Use
APPROVED
T e drv:lopr: c:::: ta.: PrGjoi;t W11 1n two phases. Phase 1 will be the convenience store /gas
station and ancillary office (4,750 sqft convenience store and 1000 sqft office). Phase 2 will be a
tenant lease building (approximately 3300 sqft). The exact nature and use of the tenant lease
building will be determined at a later time but will take into account the maximum water usage the
county will allow at the site (1624 gpd), the actual water usage of the phase 1 development, and the
projected water usage of the tenant lease space occupancy usage. The anticipated rental uses will be
lower water users such as offices, light warehouse, and retail. Uses will not include laundromats
and restaurants.
This permit is for the fully occupied parcel at the completion of Phase 1 and Phase 2. Prior to the
beginning of Phase 2 the owner will supply the wastewater characterization of the existing Phase 1
development and the proposed Phase 2 development to VDH to ensure that the entire development
is under the permitted amount. The calculations are based upon a typical occupancy of the leased
space and include Phase 1 and Phase 2. To further note, the wastewater treatment system will be
flow equalized to 2.1 times design flows to allow for the actual amount of effluent distributed to the
drainfield to approach the actual average water usage.
Wastewater Characterization
Average Daily Water Usage
Water usage data was obtained for five similar convenience store facilities. Each of them have a
convenience store, deli, gas pumps, and managers office. Shown below is the actual water usage
data and the locations of the similar facilities.
Average water usage of all facilities is 21,750 gallons per month or 725
note, this includes in some cases the water used to wash parking lots.
Brownsville
Market
16,000
17,600
22,000
19,400
19,800
22,300
21,100
21,400
20,000
18,000
ms per,O40 7
RP6 4
v G
LAO .p3
FE'S 0154
GAS STATIONS WITH CONVENIENCE AND FOOD TAKE OUT SERVICE
Water used in gallons / month
Date Liberty Shell Shell BP (Rolkin)
RT29 &, Alrport Rd) (RT29 & Greenbrier) (RT250 Free Bridge)RT250
Nov -07 20,200 24,100 18,500 20,800
Oct -07 24,300 22,100 29,500 21,300
Sep 07 21,300 19,600 23,100 23,600
Aug-07 23,000 27,600 27,800 23,900
Jul-07 22,400 23,100 16,500 24,800
Jun-07 28,900 26,300 13,700 26,600
May-07 28,000 26,500 14,800 25,400
Apr -07 23,300 26,300 18,400 19,200
Mar -07 14,900 23,500 15,800 22,000
Feb-07 15,800 23.500 23,100 18,800
Jan-07 17,200 22,900 18,300 24,900
Dec-06 19,200 30,700 16,300 30,200
Ave Gat/ Month 21,542 24,683 19,650 23,458
Average water usage of all facilities is 21,750 gallons per month or 725
note, this includes in some cases the water used to wash parking lots.
Brownsville
Market
16,000
17,600
22,000
19,400
19,800
22,300
21,100
21,400
20,000
18,000
ms per,O40 7
RP6 4
v G
LAO .p3
FE'S 0154
Per VDH GMP 35, drainfield and wastewater disposal treatment will be size o 1
725 gpd). As noted earlier, we will be using significant flow equalization to dampen the effects of
hourly and daily peaks.
PA,is.ii t
Convenience store — 1015 gpd
The water use at the facility will include food preparation and sanitary uses.
Office — 1,000 sqft @ 165 gross sqft per employee = 6 employees
15 gpd per employee = 90 gpd
Flow rates estimated from EPA Onsite Wastewater Treatment System Manual, 2002 Table 3 -4
typical office 7 to 16 gpd per employee)
Total = 1105 gpd
Phase 2
Since the exact mix of the development is not known we will calculate water usage as if the
buildings were fully occupied with small retail stores and then again for all offices. The exact mix
will be somewhere in between.
All Offices
3,300 sqft @ 165 gross sqft per employee = 20 employees
15 gpd per employee = 300 gpd
Flow rates estimated from EPA Onsite Wastewater Treatment System Manual, 2002 Table 3 -4
typical office 7 to 16 gpd per employee)
All Small Retail
39 parking spaces @ 3 gpd per parking space = 117 gpd
6 employees @ 13 gpd per employee = 78 gpd
Total water usage = 195 gpd
Flow rates estimated from EPA Onsite Wastewater Treatment System Manual, 2002 Table 3 -4
typical shopping center 1 -3 gpd per parking space and 7 -13 gpd per employee.)
All Warehouses
3,300 sqft @ 1000 gross sqft per employee = 4 employees
15 gpd per employee = 60 gpd
Flow rates estimated from EPA Onsite Wastewater Treatment System Manual, 2002
typical office 7 to 16 gpd per employee) AL ,
Average of all uses 185 gpd p 41
U cNAEL
Total Phase 1 and Phase 2 = 1290 gpd
As a safety allowance we are using a 1600 gpd design basis. This will allow for a grea
F
Li cRAUNNO. 0.?
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Phase
AL ENG . >
A water meter will be installed on the well. Since the treatment process will be flow equalized, the
owner will record the water meter readings once a month.
Available Soils and Onsite Dispersal Suitability
Steve Gooch AOSE identified three potential drainfield areas on the property. A summary of the
three drainfield areas are presented
Ksat and Loading Rates
The saturated permeability (Ksat) of the drainfield area was evaluated using a Johnson Permeameter
by Michael Craun PE to determine the maximum acceptable Hydraulic Loading Rate (HLR) the
drainfield can accept. The Ksat tests were run at a depth of the infiltrative surface of the proposed
drainfield (approximately 42 ", 36 ", and 96 "). The locations of the Ksat tests are shown on exhibit 2
and the test reports are provided in attachments.
Summary of Ksat results
Test
Average Area Number
Width Primary Reserve Depth
AOSE
Estimated
Drainfield Slope
85.0
of
of Area Area of
Perc
Length Width
57.3
lines
Trench Available Available Installation
Rateft)sgft)sgft)inches)
ft)00 mpi)
A 8.5 75 120 14 3 1575 1575 42 50
6 10 65 94 10 3 975 975 42 45
c 7 80 1 120 14 3 1 1680 1 1680 96 60
Ksat and Loading Rates
The saturated permeability (Ksat) of the drainfield area was evaluated using a Johnson Permeameter
by Michael Craun PE to determine the maximum acceptable Hydraulic Loading Rate (HLR) the
drainfield can accept. The Ksat tests were run at a depth of the infiltrative surface of the proposed
drainfield (approximately 42 ", 36 ", and 96 "). The locations of the Ksat tests are shown on exhibit 2
and the test reports are provided in attachments.
Summary of Ksat results
Test Depth
inch)
Representative
Ksat
cm /day)
Al 44 20.0
A2 42 47.3
A3 44 85.0
B1 38 8.5
B2B 40 3.2
B3 37 57.3
C1 97 89.8
C2 97 39.8
Vf A9 Ip
0- 036,J , 9
G
z
a ,
APPROVED
Representative Ksats for Test Areas
The representative Ksatfield for the drainfield infiltrative surface is based upon the georrietric mean
28.6 cm/day).
Determining Loading Rates from Ksat Values
The projected effluent level to the drainfield is expected to be type 2 effluent (less than 45 mg/l
BOD). We propose determining the maximum HLR using the integration of several design manuals
and research papers Janssen and Siegrist (1991), Taylor et al(1997), Smith (2000), Crites et all
2000), Winneberger (1985), and Kilduff (1989).
HLR (type 2 effluent)= (18)Ksat 25
Where Ksat is in cm/day and HLR is in LPD /SQM
Ksat = 2 Ksatfield
Limited to a maximum of .2 Ksat
For the infiltrative surface
HLR (type 2 effluent)= (18)Ksat'`
2 x 28.6 'S 1pd 1 gal
HLR =(18)( )` = 49.5 —) =1.2
m Z day — ft'
Maximum =.2 x Ksat = 11.4
cm —28
day se
Recommended Maximum HLR = 1.2 gpdJsgft
Install 14 lines @ 75' long, 3' wide = 3150 sgft (.51 gpd/sgft). The installed drainfield will be in
area A and area C. Area B will be used as additional reserve.
Septic Tank
Daily Flow = 1600 GPD
Required Detention Time = 48 hrs
Minimum Required Capacity = 2800 gallons
Use 2 Septic tanks in series 1500 gallons each
HRT = 1.875 days
71 EA
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Lir. N ' UN z
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Recirculating Vertical Flow Constructed Wetland Loading Rate
Combination of media filter and vertical flow wetland.
Secondary Effluent Quality (10 mg/l BOD and 10 mg/l TSS)
Hydraulic loading :ate
1600 gpd/(34' x 34') = 1.56 gpd/sgft
Biological Loading Rate
1600 gpd @ 400 mg/l BOD = 5.32 lbs BOD per day
5.32 lbs BOD per day / (32'x32') = 5.2 lbs BOD per 1000 sgft per day
Flow Equalization Pump Tank
5000 gallon tanks
Liquid Depth = 95"
52.6 gallons per inch
Required storage above alarm float 6 hr x 1 d/24 hr x 1600 GPD = 400 gallons = 7.6"
Set Alarm float at 87"
Float Separation
Timer On at 24"
Override Timer 80"
Set Alarm Float 87"
Working volumes:
Override Timer to High Level Alarm 87" — 80" = 7" = 368 gallons
Timer On/Off to Override Timer 80" — 24" = 56" = 2945.6 gallons
Total emergency equalization volume — 3713 gallons
RVFCW Manifold
Filter Manifold has 1/8" holes and will be operating at 4' of head
Flow per orifice:
Q= 12.38d
Q = 12.38(125 ") 4' (
Lic.Q =.3869 gal 1CHAEL y'
min F. y
Each lateral has 16 holes — 16 x .3689 gpm = 5.9 gpm per lateral CRAUN
4 laterals per zone = 4 x 5.9 gpm = 23.6 gpm No. 036859
4 Zones
S
TDH = h +.002Q + ' 000995 x 61 x Q' 85
D4$7 + h + h,
TDH = 12' +.002(23.6) + .00099(2 )61'x23.6 185 +
9' +4'
TDH = 26.9'
I
I IJ
Orenco PF200511 yields 25 gpm @ 70' — throttle to 4' residual head in manifold.
At full development (1600 gpd) and a dose of 1.5 gallon per orifice
Dose volume = 96 gallons + 15.3 gallons (pipe fill volume) @ 23.6 gpm = 4.72 minutes
At 5:1 recirculation rate — 100 doses per day — 14.4 minute cycle time
4.72 min on; 9.68 min off
Dosing depth in RVFCW
96 gallons per dose x 12 '71' x .1337 ft3 /gal / 1024 sgft = .15" ponding depth
Initially set to 1200 gpd with 5:1 recirculation rate
4.72 min on; 14.48 min off
Drainfield Dosing Pump Tank
1500 gallon
Liquid Depth = 54"
27.7 gallons per inch
Required storage above alarm float 6 hr x 1 d/24 hr x 1600 GPD = 400 gallons = 14.2"
Set alarm float 15" below invert of pipe (415 gallons)
Dose volume to Drainfield = 400 gallons per dose = 14.5"
Depth to keep pump submerged = 20"
Pump Off = 22"
Pump On = 36.5"
High Level Alarm = 39"
Verify with drawdown test
Pump rate is between 37.5 gpm and 45 gpm which gives a pump run time per day of 42.7 to 35.6
minutes.
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PROJECT DEVELOPMENT LLC
Re=Store'N Station
Preliminary Site Plan (revised)
1 Pages)
ATTACHMENT H
i64 Mt. Torrey Rd Lyndhurst, Virginia 22980 434 - 326 -0334 (fax) 434 - 326 - 0340 Page 1
U.S. ROUTE 250 (110'
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Project Development LLC
WAWA STORE
PHOTOS OF EXTERIOR
AND PLUMBING FIXTURES
ATTACHMENT I
2564 Mt. Torrey Rd, Lyndhurst, Virginia 22980 434 — 326- 0334 (fax) 434 — 326 - 0334
Page 1
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Summer Frederick
From:Musxit @aol.com
Sent:Thursday, April 01, 2010 8:31 AM
To:Summer Frederick
Subject:Re- Store'N Station- Water data
Attachments:WATER FIXTURE ANALYSIS - PER DAY.pdf
Summer -
After reading through Greg K's memo, I wanted to give you the analysis of the plumbing fixtures based upon a PER DAY
usage. With the focus clearly on the what does use water rather than the underlying by -right use, this is important.
Please see attached. The frequency of use for each fixture is greater than actually occurs and based upon a 24 hr period
to make it the worst case scenario. The plumbing fixture data sheet for the urinal, toilet, and faucet is attached which
give the flow volume ie gallons per flush. With water conservation fixtures which are becoming the norm, this business
will use much less water than WaWa. lust to make clear - This special use permit was requested only because the
County required it and not because the business will use more than the allowable 400 gallons per day per acre.
The water will be monitored to comply with the health department septic permit which overrides and is more definitive than
the language in the County ordinance. You should already have the Pulse meter that is proposed to be installed to
monitor the water use. Of course, if RS is allowed to connect to public water a ACSA meter would be less hassle for
everyone.
I also talked to Jay S. who advised what plumbing fixtures are code required for a certificate of occupancy. He also
advised that although AC does require the facilities to be included in the construction of the building is all. Whether they
remain available to the public or staff or unlocked is up to the business owner for instance. The restrooms are for the
convenience of the patrons. Of course, if they are not available (or not well maintained /not clean) the patrons will go
elsewhere. The code requirements for food preparation which is under the Dept of Agriculture (not health dept in this
case) it does require a hand wash sink for instance. It is also up to the business how they prepare food and wash dishes
or use disposable containers making all this optional.
Please make sure to include in your staff report that the Preliminary Plan that was previously reviewed (and all
comments were addressed) was for a 6,OOOsf 1st flr and on the revised PP it was reduced to 4,750sf - this was after
conversations with the Chief of Zoning because we understood that a significant reduction would result in a determination
that a Special Use Permit would not be required. Subsequently, that was not the case but I just want everyone to
acknowledge that the size reduction was an effort to appease everyone including those persons that have spoken out
against the very existence of the use at this location.
There is a lot of other information floating around that is not correct. To list a few -
1. Number of fuel pumps on the Site - there are 6 under the large canopy and 1 under the small canopy. The 2nd island
under the small canopy is for "off road" fuel which is for small contractors to fill their tank up that sits in the bed of their
pick up truck or for small farm owners to purchase fuel for their farm tractors. It is illegal to use this fuel in a street vehicle.
2. Number of nozzles on each pump - Each fuel pump has 2 nozzles - so it can serve a car on each side of the island.
3. Availability of "unbranded" gas being new - Currently there are already 2 unbranded gas stations along this section of
RT250West - Gateway sells unbranded and SuperTest (just to the West) sells unbranded so this is not a new product to
the area.
4. That this is a Service Station -This is not a "service station" which under old water use tables shows water usage as 10
gallons per vehicle. As you may be aware, there are service stations in large cities but our area they are few and far
between these days. The Exxon in Ivy on RT250 is a service station (across from Toddsbury) but most have been
converted to convenience /retail with gas sales. There is also the Exxon on Emmett Street in the City.
If you need clarification on any item or more description, please advise.
Your assistance is appreciated.
Jo Higgins
Project Development Limited LC
Attachment D
2564 MtTorrey Rd
Lyndhurst, Va 22952
434 - 326 - 0334
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K0111 A R' l: - ?;14= I I 1' I Cornii)rt 11601 c Io n--alcd 1.0 upf I (I i I n N% i I I I tarn: coo— Pagc 1 l<21 -- i
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KOHLER.
Comfort heighti,-' efungateV, 1.0 Upf
toiler with tank cover locks 14-7
Dimensions:
Higni(nt P(E!Ssure cutlet, ar(. p", I!- : fol
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Available Colors
Color F-trusti: white i 0
Mouet Number: 3,-3;
List Price:
riuni= -35 I Q-1 2/6'20 10
Attachment
W'!,t,hbrook FI( 0.125 Gf T 1-rina 5) stein - l.i:ttltr;simt E'rodiicts - by Amer... I':lgc i n
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Product Information
This pagf- was printed from
Washbrook FIOVViseT" 0.125 GPF Urinal System
Estimated List Price. $873
System includes
0.125 GPF Urinal- Washout Action
High efficiency (0.125gpfl.5 Lpf)
Over 87% water savings when compared to 1 0 gpf
system
Flush ng nm
Elongated 14" rim from finished wall
Washout flush action
Extended side for privacy
314" top spud
Outlet connection tnreaded 2" inside (NPTF)
2 wall hangers
Strainer included
Meets ANSI flush requirements at 0.125 gpf
0 125 GPF Selectronic Urinal Flush Valve
High efficiency (0 125 gpf / 0.51-nf)
Operates on DC Power (battery included)
11 112" Rough -in
Water pressure range 25 -125 osi
Recomended o'essure range 35 -80 psi
Self - cleaning piston - operation
Fully mechanical manual override
Fail -safe- valve automatically closes on loss of
power
Chrome - plated
COLORS:
C , White (020)
FIXTURES & COMPONENTS:
Main Fixtures
FEATURES:
DADA Compliantv
Water Efficient
1ttp:.'•ti 2/6, "_'010
Attachment D
COUNTY OF ALBEMARLE
a
MEMORANDUM
TO: Amelia McCulley, Zoning Administrator
Ron Higgins, Chief of Zoning/Deputy Zoning Administrator
FROM: Greg Kamptner, Deputy County Attorney
DATE: March 25, 2010
RE: Re- Store'NStation
This memorandum addresses several questions raised by the applicant and County staff pertaining to the
proposed Re- Store'N Station project. The applicant is seeking a special use permit authorized in the Highway
Commercial ( "HC ") zoning district under County Code § 18- 24.2.2(13), which provides:
13. Uses permitted by right, not served by public water, involving water consumption
exceeding four hundred (400) gallons per site acre per day. Uses permitted by right, not
served by public sewer, involving anticipated discharge of sewage other than domestic
wastes. (Added 6- 14 -89)
The scope of this memorandum is limited to certain questions related to water consumption and the special
use permit. The Department of Community Development is addressing other issues related to this project.
1. Ouestions asked by the applicant
The applicant's questions have been narrowed to two because they all focus on a single issue — the
applicability of a special use permit and its conditions if the use's water consumption is less than 400 gallons of
water per site acre per day.
Under County Code § 18- 24.2.2(13), the special use is permission to consume more than 400 gallons of
water per site acre per day, up to some ultimate daily limit that may be imposed as a special use permit condition.
In response to the applicant's questions below, we have assumed that the 1,624 gallons per day referenced in the
applicant's questions is the site acre equivalent to the threshold of 400 gallons of water per site acre per day
established in County Code 18- 24.2.2(13).
A. Questio n: Does the special use permit "exist" if the water consumption is less than 1,624
gpd?
Answer Yes. The "special use" is permission to consume more than 1,624 gpd and that
permission exists regardless of whether the water consumption is less than 1,624 gpd.
Attachment E
Less drain \
5 gallons (t \ L) per minute flow rate
Codes /Stand rds Applicable
Specified model meets r exceeds the following at note of
manufacture
ADA
ASME A 111.18. 1 /CSA 2b.1
ICC /ANSI A117.1
Energy Policy Act of 1992
7
Colors /Finishes
CP Polished Chrome
VS Stainless Steel
Accessories
CP: Polished Chrome
VS: Stalntess Steel
M. Ki ne pllc ble
Other. Refo. to Price Book for additional colors /finishes
Specified Mod \
rr — , ijlik °.',V 114' •..r i
KOHLER,
N
K•13466 F Electronic faucet with maer•
Features ELECTRONIC FAUCET
Brass construction K-1 3466
S'inglo -hole mounting
Aove- counter battery and valve for easy installation
7
an maintenance ADAVanngal- resistant aerator
4" (1D.P cm} escutcrieor, plate - square
24" ('61 cm) flexible supply hoses for easy installation
6" (20.3 cm, escutcheon plate - snu.tir-
6 -3/4" \,(17.1 cm) spout reach
Thermostatic mixing valve
Stationery spout
Avarlabl with or without mixer
Includes t 'a AAA batteries
Less drain \
5 gallons (t \ L) per minute flow rate
Codes /Stand rds Applicable
Specified model meets r exceeds the following at note of
manufacture
ADA
ASME A 111.18. 1 /CSA 2b.1
ICC /ANSI A117.1
Energy Policy Act of 1992
7
Colors /Finishes
CP Polished Chrome
VS Stainless Steel
Accessories
CP: Polished Chrome
VS: Stalntess Steel
M. Ki ne pllc ble
Other. Refo. to Price Book for additional colors /finishes
Specified Mod \
Model Desenptwri :
K•13466 F Electronic faucet with maer•
K-13467L......._..._..._..tlecvuntc faucet - without mixer
Opt Accesso
7129 -A G brai with overt! - w
K -7 Gnd drain without oY .— erflb r
K- 13478 -B 4" (1D.P cm} escutcrieor, plate - square
K- 13479 -B 6" (20.3 cm, escutcheon plate - snu.tir-
K-13601 Thermostatic mixing valve
Colors/Finishes
Cr JVS i
J C" J VS
J C _•r- - -
1 OJ -
J CP -j Other
CP -1 VS _. __...
J CP J VS ...1 .r__..__._.
Product Specification
The electronic faucet snail be made of brass conStn,Clitin. Praruct sha!I nave 0.:: gpm r1. fnm). Product shall feature a 6 -3 +4°
17.1 cm) spout reach, stationary spout. and 24° (61 crr) flex!bie supple hoses for easy Installation. Product shall feature an
above - rounter battery and valve to: easy mstallatlan anu rnamtenance P shall - ic!ude two AAA batteries. Proauct sna!I
be for single -hole mounting. Product shall available with o without marl. Product shall be toss draw.. Faucet shall be Kohler
Model K- _ - - - ,_„ .
Page 1 of ? USA /Canada: 1- 800- 41KOHLER
1102760 - -D ( =-800.456 -4537)
vnyw.Konler.com
Attachment D
B. Question: Would the conditions imposed by a special use permit be enforceable if water
consumption remained in the by -right range (less than 1,624 gpd) or would they be
enforceable only when water consumption exceeds the 1,624 gpd threshold?
Answer The conditions would be enforceable at all times although, as explained below,
the Board of Supervisors could determine that some conditions apply only once some
water consumption threshold is exceeded.
The County has already determined that "there is a significant likelihood that the project's
water consumption will not stay below the [1,624 gpd] consumption threshold." Official
Determination dated November 17, 2009 (Ron Higgins). Because the special use is
permission to exceed 1,624 gpd, a condition requiring the ongoing and daily monitoring of
water consumption would be a reasonable condition to not only determine whether the
threshold is exceeded on any day, but also to determine compliance with any special use
permit condition limiting water consumption. Since on any given day the threshold or
limit could be exceeded, ongoing monitoring could be required even if water consumption
on any given day does not exceed 1,624 gpd.
However, the Board of Supervisors also could impose conditions related to water
consumption that would provide that they would not apply until, for example, water
consumption exceeded a prescribed amount for the first time. If daily water consumption
never exceeded that amount, those conditions would not apply.
2. The proper scone of review when considering a special use permit under County Code & 18-24.2.2(13)
County Code § 18- 24.2.2(13) authorizes any by -right use in the HC zoning district, but requires a special
use permit if the use will consume more than 400 gallons of water per site acre per day. In evaluating a special use
permit under County Code § 18- 24.2.2(13), the proper scope of review does not include the underlying by -right
use.
For example, if an applicant proposes an "automobile service station" use, which is a by -right use in the
HC zoning district under County Code 18- 24.2.1(3), but the proposed automobile service station would consume
more than 400 gallons of water per site acre per day, a proper special use permit analysis would not include
consideration of whether automobile service stations are consistent with the Comprehensive Plan or, whether the
automobile service station use satisfies the criteria for evaluating a special use permit under County Code § 18-
31.6.1. By allowing automobile service stations as a by -right use in the HC zoning district, the Board of
Supervisors has already legislatively determined that the use is within the class of by -right uses that satisfy the
purpose and intent of the HC zoning district and that the use does not generate impacts that require a case -by -case
evaluation under the special use permit process. As a by -right use within the HC zoning district, any impact
resulting from the automobile service station use is addressed by existing site regulations such as those pertaining to
the buildings' height, setbacks, noise, parking and outdoor lighting. A by -right use would neither change the
character of a district nor be contrary to the district's purpose and intent because the range of by -right uses allowed
in a zoning district defines the district's essence.
Therefore, the review of an application for a special use permit authorized by County Code § 18- 24.2.2(13)
is limited to the issue of water consumption. Even though the scope of this special use permit review is more
limited than a typical special use permit, the same special use permit criteria apply. The PIanning Commission and
the Board of Supervisors will need to determine whether the water consumption use is consistent with the County's
Comprehensive Plan and whether it satisfies the criteria delineated in County Code § 18- 31.6.1, i.e., whether the
water consumption: (1) poses a substantial detriment to adjacent property; (2) could cause a change to the character
of the district; and (3) would be in harmony with the purpose and intent of the Zoning Ordinance, the uses
permitted by right in the district, with additional regulations provided in section 5, and with the public health, safety
and general welfare. Because the proposed Re- Store'N Station site is designated Rural Areas in the Comprehensive
Plan even though it is within the HC zoning district, whether the water consumption for the proposed project is
consistent with the Comprehensive Plan would also be a key issue. In addition, because of the difference between
2
the proposed project site's Comprehensive Plan designation and zoning district, whether the proposed project is in
harmony with the purpose and intent of the Zoning Ordinance (rather than merely the purpose and intent of the HC
zoning district) would be another crucial issue.
3. The proper scope of the conditions imposed under the special use permit
Based on the analysis in Section 2, a special use allowed under County Code § 18- 24.2.2(13)
pertains to water consumption only and, therefore,,the scope of the conditions are limited to impacts arising
from water consumption, and not from the underlying by -right use. Any conditions imposed must be
reasonably related to the impacts of water consumption, and the extent of the conditions must be roughly
proportional to those impacts.
In granting a special use permit under County Code § 18- 24.2.2(13), the County may impose
reasonable conditions that pertain to not only monitoring water consumption as discussed in the answers to
the applicant's questions in Section 1, but also which pertain to the consumption of water in general. Some
of these conditions could indirectly pertain to the by -right use, provided that they reasonably relate to
addressing the impacts of water consumption, e.g., hours of operation to control total water consumption
per day or restrictions on using groundwater to wash down parking areas or watering landscaping.
4. The applicable criterion for dete the amount of water consumed per day
A question was asked whether compliance with the special use permit or determining whether the
water consumption is above or below the 400 gallons of water per site acre per day threshold could be
based on a periodic average.
County Code § 18- 24.2.2(13) requires a special use permit if water consumption exceeds 400
gallons per site acre per day. In determining whether a special use permit is required, daily consumption,
rather than by a weekly, monthly or other periodic average, is the applicable standard. See, Board of Zoning
Appeals ex rel. County of Fork v. 852 L.L.C., 257 Va. 485 (1999) (zoning administrator could not, through
interpretation, vary from the clear ordinance standards which established density credits of 0 %, 50% and
100% and allocate a reduced density credit based on what the administrator determined was an appropriate
percentage under the circumstances; the Court said that if the board of supervisors had intended the zoning
administrator to "have such latitude, it would have so provided in the ordinance; such latitude may not
properly be created by administrative interpretation "). Once the special use permit is obtained, however,
measuring water consumption is not tied to the per day standard. Thus, special use permit conditions could
provide that they would become applicable once water consumption exceeded a specified amount that
could be determined on a per day, per week or other periodic basis, or a daily, weekly or other periodic
average. Likewise, a condition limiting water consumption could be based on a similar measurement
standard.
Restore`N Station
Tier 3 Groundwater Assessment
Groundwater Management Plan
TMP 5513-1
Crozet, Virginia
Prepared for:
Jeffries II LLC
P.O. Box 910
Crozet, Virginia 22932
October 3, 2008
Nick H. Evans PhD CPG
Virginia Groundwater LLC
4609 Burnley Station Road
Barboursville, VA 22923
Vincent Day
True North Environmental
1110 East Market Street
Charlottesville VA 22902
Attachment F
Key f=indings
Hydrogeologic unit: Piedmont Foothills
Groundwater availability zone: III —Class 2 (medium relative availability)
Estimated daily groundwater withdrawal: 725 gallons
Estimated daily groundwater recharge to site: 2115 gallons
Site within groundwater sensitivity zone? Yes:
Contamination threats on record: 4 documented leaking underground storage
tank (LUST) sites within 1000 feet of the property
Additional contaminant threats observed in field reconnaissance? None
Hydrogeologic conditions favorable to proposed use? Yes
Anticipated impacts of proposed use on existing users: None
Groundwater management plan: Implement runoff - neutral site development as
practicable.
Site Overview
The proposed development comprises about 4 acres located on the south side of
US 250 approximately 0.70 miles east of Route 64 (Figure 1) and is situated
entirely within the Stockton Creek watershed. There are no streams on the
property; however, the property drains to the south into a swale that eventually
flows into an unnamed tributary of Stockton Creek. There is about 25 feet of relief
on the parcel. Land cover on the parcel is open field with mixed grasses and
weeds (image, below).
Land use on adjoining parcels
is residential and light
commercial business. A
convenience store is located
directly across Route 250,
north of the site. The Moose
Lodge is located on the
adjoining parcel to the west.
Adjacent land to the south is
occupied by residential
dwellings. The adjoining
property to the east is occupied
by a tree service company.
The applicant proposes to construct a convenience store and gas station. This
facility would be served by a transient non - community water supply well, which
must be permitted in accordance with Virginia Health Department (VDH), Division
of Drinking Water. According to the project engineers, water consumption is
estimated to be approximately 725 gallons per day (documentation attached). A
site plan showing the proposed development layout and approximate land
disturbance is attached to this report. Runoff from the site will be controlled by
standard stormwater management practices.
Hydrogeologic Assessment
Bedrock geology
The parcel is situated within a bedrock formation described as biotite- muscovite
leucogranite gneiss on the 1993 Geologic Map of Virginia (Figure 2). This falls
within the Piedmont Foothills hydrogeologic unit, as defined in the Albemarle
County Hydrogeologic Assessment Summary Report of 2003, with Class 2
medium) relative groundwater availability.
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Bedrock fracture density and water well productivity
The bedrock underlying this property does not contain primary intergranular
porosity through which groundwater might flow. Instead, groundwater flow is
confined to bedrock fractures and fissures.
No significant linear features, fracture traces or structural features were identified
on air photos or other maps in this study that would be useful indicators of
bedrock fracture orientation on this parcel. No bedrock exposures were
observed on the property during field reconnaissance. In the absence of good
bedrock exposures with which to directly observe bedrock fractures, the yields of
randomly -sited water wells can be used as a proxy for fracture density. Table 1
summarizes data from 52 wells in the current county database that were
constructed in the same bedrock formation as underlies this property.
Table 1: Domestic water well statistics from Albemarle County database
Geologic map unit yield
gallons per minute)
total well depth
feet)
casing length
feet)
count
Ygb
biotite- muscovite average: 9.6 average: 186 average: 42 52
leucogranite gneiss)
maximum: 60 maximum: 700 maximum: 102
There are ten wells in the Albemarle County database that are within 2500 feet of
the property (Figure 3). Data from those wells are reported in Table 2.
Table 2: Data for wells (Albemarle database) within 2500 feet of proposed development
total depth (feet) Icasing length (feet) yield (gallons per minute)
85 53 - - - -- 6 -- - --
180 32 12
280 r 87 10 '7
r - - -- 84 - 55 -- 6
55 —- 2
80
230 - 40 7
225 56 0 t
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Overall, the data indicate that local biotite- muscovite leucocratic gneiss bedrock
is favorable for groundwater development in terms of fracture density. However,
the success of a water well drilled at a given location still depends on whether or
not the well intersects water - bearing fractures. A dry hole results if no water -
bearing fractures are encountered at the chosen drilling site.
Soils and saprolite
According to published soils mapping (USDA Soil Conservation Service, Soil
Survey of Albemarle County, 1985), the site is underlain by two variants of the
Hayesville Loam (37B & 37C) and the Braddock Loam (7B) (Figure 4).
Hayesville soils are deep, well drained soils weathered from the gneissic parent
material. These soils occupy the side slopes of the site. Permeability and
available water capacity are moderate. Surface runoff is medium and erosion
hazard is moderate. Shrink -swell potential is low.
Braddock soils are deep, well drained and weathered from alluvial fan deposits
that capped the residual underlying soils and saprolite. Permeability and
available water capacity are moderate. Surface runoff is medium and erosion
hazard is moderate. Shrink -swell potential is moderate
The soils on site have the potential to contribute favorably to groundwater
recharge where land cover does not inhibit infiltration of rainwater.
Figure 4: Soils mapping in the vicinity of TMP 55B -1
36B: Hayesville loam,
2 - 7% slope
37C3 Hayesville clay loam,
7 - 15% slope
7B. Braddock loam,
2 - 7% slope
source: US Department of Agriculture,
Soil Conservation Sermce Soil Survey
of Albemarle County, Virginia, 1985
Groundwater flow, recharae and discharae
The property is situated immediately south of a drainage divide between
Lickinghole Creek drainage to the north, and Stockton Creek to the south (Figure
5). Groundwater flow across the parcel is estimated to be generally in a
southerly direction. Ultimately, groundwater at shallow levels discharges into an
unnamed tributary of Stockton Creek on adjoining parcels to the south, and into
Stockton Creek proper.
Groundwater sensitivity
Contaminant threats
The proposed development does coincide with areas of recognized groundwater
sensitivity according to Albemarle County studies and databases that were
assembled during the 2003 Albemarle County Hydrogeologic Assessment,
Phase II (Figure 6).
There are 4 leaking underground storage tank (LUST) sites within 1000 feet of
the property (Table 3). Due to the proximity of these LUST sites, the applicant
will need to test the well for presence of volatile organic compounds (VOC) in
accordance with Albemarle County ordinance 05 -E(1) prior to issuance of a
building permit.
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19891499 1120 Brownsville Market Closed Suspected Albemarle County 38.0496792 78.71017691 5995 Rockfish Gap Tpke
19995097 2562 Brownsville Market Closed Confirmed Albemarle County 38.04993969 78.70965397 5995 Rockfish Gap Tpke
19995094 2559 Ride Mini Market Open Confirmed Albemarle County 38.04970037 78.71274657 6098 Rockfish Gap Tpke
19975128 2288 Munoer Well Closed Confirmed Albemarle County 38.04942562 78.71722149 6254 Hillsboro Ln
There are approximately 29 existing drainfields, locations inferred from air photos
and field reconnaissance, within 2500 feet of the proposed development (Figure
3). Few if any of these are up hydrologic gradient from the property, and none
are considered to pose contaminant threats to the property under normal
circumstances.
Threats to existing users of groundwater
The proposed development anticipates using a maximum of 725 gallons per day
in kitchen and bath facilities (documentation attached). This proposed
withdrawal of groundwater is not consumptive, to the extent that virtually all of
this water will be returned to the ground as recharge through a drainfield.
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A conservative estimate of groundwater recharge for the site is on the order of
2115 gallons per day (calculations below). Available recharge is more than
adequate to supply the proposed withdrawal of 725 gallons per day.
It is not anticipated that groundwater withdrawal of this magnitude will impact
existing wells on adjoining parcels or elsewhere in terms of groundwater supply.
The proposed use does not pose threats of groundwater contamination under
normal circumstances.
Water budget estimate for site
Annual precipitation: 46 inches
Conservative estimate for percentage of precipitation contributing to groundwater
recharge: 15%
Annual groundwater recharge: 6.9 inches
Daily groundwater recharge: .0 189 inches = .0016 feet
Daily recharge per acre: .0016 feet X 43560 square feet per acre = 69.7 cubic
feet
Gallons recharge per day per acre: 69.76 cubic feet X 7.48 gallons per cubic
foot = 521 gallons per day per acre
Gallons per day recharge over entire site: 521 gallons per acre X 4.06 acres=
2115 gallons per day
Predicted groundwater withdrawal on site: 725 gallons per day
Reserve wellfield
If the primary well fails due to contamination or lack of water, it will be necessary
to develop another water source. The options for locating a second well will be
limited by the size of the parcel and required set -backs from drainfields, parking
lots etc.
Dedicated Monitoring well
Due to the small size of the property, this would probably not be an appropriate
location for installation of a dedicated monitoring well.
Groundwater management plan
The proposed development will seek to minimize degrading groundwater
recharge by implementing runoff - neutral site design and storm water
management strategies that minimize offsite runoff.
Submitted by Nic
October 3, 2008
QEF'A PIT! IVj'F -- T 7- ?R0--- SS10NAL AIVD 0CCU P,': 101 L ^1E .UL'a!10N,
1
0lVINI0 KRIllE:PiL71 H OF VIPG1IIViA —
EXPIRES ON I NUMBER
3600 Nest Broad Street. Richmond, VA 232N
08 -31 -2009 Te!eonone: laoal 3s. -asao 2801 001041
BOARD FOR GEOLOGY
CERTIFIED AS A PROFESSIONAL GEOLOGIST
NICHOLAS H EVANS -
4609 BURNLEY STATION ROAD
f{ BARBOURSVILLE, VA 22923
SEE F. =VERSE SIDE FOP. f:At.S= ANMOR ADDRESS CHANGE
Old Dominion .Engineering
October 3, 2008
Josh Rubinstein, Groundwater \Manager
Albemarle County Community Development Office
401 Iviclnure Road, North Wing
Charlottesville, V'1 22902 -4596
SUBJECT: RE- STORE'N STATION ESTIMATED WATER USAGE
Property Owner: Jeffnes II, LLC
Property Address: 6115 Rockfish Gap Tnpk, Crozet, VA
Acreage: 4.06 acres, TM 5513-1
Albemarle County
Property Use
The proposed use for the property is a 6000 square foot convenience store and deli with g,is pumps.
Average Dai11 Water Usage
Water usage data was obtained for five similar facilities. Each of them have a convenience store, deli and gas
pumps. Based on this data, the average water usage was 725 gpd. The facility most similar to the Re- Store'N
Station in terms of size and location is the Brownsville Market whose average water usage was 648 gpd.
However, for the Re- Store'_N Station, the more comprehensive average of 725 gpd will be used. This water
usage is far less than 2000 gallons per day. A Tier III Groundwater Assessment is adequate for the proposed
project and no special use permit will be required.
Shown below is the actual water usage data and the locations of the similar facilities.
GAS STATIONS WITH CONVENIENCE AND FOOD TAKE OUT SERVICE
Water used in gallons / month
Date Liberty Shell Shell BP (Ralkin)Brownsville
RT29 & Airport Rd) (RT29 & Greenbrier)RT250 Free Bridge) RT250 Market
Nov -07 20,200 24,100 18,500 20,300 16,000
Oct -07 24,300 22,100 29,500 21,300 17,600
Sep -07 21,300 19,600 23,100 23,300 22,000
Aug -07 23,000 27,600 27,800 23,)00 19,400
Jul -07 22,400 23,100 16,500 24,!300 19,800
Jun -07 28,900 26,300 13,700 26,300 22,300
May -07 28,000 26,500 14,800 25,100 21,100
Apr -07 23,300 26,300 18,400 19,2.00 21,400
Mar -07 14,900 23,500 15,800 22,000 20,000
Feb -07 15,800 23,500 23,100 18,800 18,000
Jan -07 17,200 22,900 18,300 24,900 16,000
Dec -06 19,200 30,700 16,300 30,200
Ave Gaff Month 21,542 24,683 19,650 23,0.58 19418
Average water usage of all facilities is 21,750 gallons per month or 725 gallons per plat
October 3, 2008
The water used at the facility Nvill be for food preparation and sanitary uses. Virtually all water used m this
facility will be returned to the site as treated wastewater effluent into the onsite wastewater (isposal system and
tiltimately for groundwater recharge.
Sincerely,
i
Michael Crawl PE
Old Dominion Engineering
2036 Forest Drive • Waynesboro, VA 22980
PHONE (540) 942 -5600 • FAX (540) 213 -0297
PROJECT DEVELOPMENT LIMITED LC
January 5, 2009
To: Glenn Brooks, County Engineer
Josh Rubinstein, Groundwater Manager Albemarle County
From: Jo Higgins
RE: Re- Store'N Station SDP 2008 — 154
Attachment & Information -
1. Comparison Table - This table shows the comparable convenience store locations across the top
arranged based upon the gallons per day from left to right - lowest to the highest. Re- Store'N Station
has been inserted between Brownsville Market and Shell "Stop in Food" /1129 Richmond Rd. Re-
Store'N Station will have the same water fixtures as the Shell with the exception of exterior spigots. Re-
Store'N Station water usage will exclude exterior water usage(washing of sidewalks or watering
landscaping).
2. Table of Convenience Gas Store Locations in Albemarle County - 7 locations . This table includes the
specific information on each site. The square footage is from the County Assessor information. The
traffic" information is the vehicle trips per day per VDOT's latest information. The number of pumps,
seating, and water devices was compiled from site visits. This information is used in the Comparison
Table (Attachment 1).
3. Gas Station Water Usage - This is additional water meter data provided by Albemarle County Service
Authority for period Nov 07 to Nov 08 (Months) which includes 7 locations (2 locations were added at the
suggestion of Josh R. (and others). Locations that have a car wash were excluded. Locations that have
a full restaurant ie Wendy's, Dairy Queen etc. were excluded. The basic data from ACSA is across the
page gallons totaled, gallons per month, and gallons per day on the right hand side of the sheet. This
information is used in the Comparison Table (Attachment 1).
4. Copy of Email dated 1/512009 from Terri Knight of ACSA that goes with the Water Usage data
Attachment 3) provided.
5. Letter (2 pages) Dated Oct 3, 2008 from Old Dominion Engineering to Josh Rubinstein - "Subject: Re-
Store'N Station Estimated Water Usage" - This was submitted as part of the Groundwater Study done by
Old Dominion Engineering. The water meter data from Albemarle County Service Authority from Dec
06 to Nov 07 for 5 Gas Stations with convenience and food take out service locations was provided. The
average water use based upon this data is 725 gallons per day. These specific locations were selected
because they are located on busy roads in the County growth area where the water is metered and
provide similar food service to Re- Store'N Station. This information was deemed adequate by the
County when submitted. Due to the need to further substantiate that the water usage will not exceed
1624 gallons per day, additional information has been requested.
This data is presented to demonstrate the following things:
1. The average water used by gas station convenience stores in the area is 969 gpd.
This is based upon 7 locations. (This excludes restaurants and car wash)
2. That the "core" water volume used for gas station convenience stores in the area is in
the range of 630 — 798.
3. That there is no relationship between water usage and pumps, size of store, parking
or traffic on roads at specific locations.
104 Ana Marie Blvd, Waynesboro, Virginia 22980 4.34 - 326- 0334 (fax) 434 - 326 - 0334- Page 1
PROJECT DEVELOPMENT LIMITED LC
4. That Re- Store'N Station water usage will be approx. 725 gpd which is well under the
volume allowed by -right at this site which is 1,624 gpd.
The original analysis of 5 convenience store locations was expanded to include 7 convenience store
locations. Based upon the Comparison Table, it is evident that there is a direct relationship between the
average gallons per day and the water devices installed at each location. There are specific water devices
installed at each location which establishes the "core" water usage which are either required by building code
or are provided based upon the "take out" food operation. In addition to these water using devices, there are
locations that have a higher water usage because of having an ice maker and /or dishwasher in the operation.
These same locations have more than 15/16 seats also. In one case, the store serves as a "commissary" to
6 other locations. With respect to size of store versus water usage, there is one of the largest stores (4188sf)
that uses the highest volume (1558 gpd) but the smallest store (2525sf) uses the second highest volume
1191 gpd). The second smallest store (2628sf) uses the lowest volume (630gpd). There is no direct
relationship between size and volume. Regardless of fixtures or size of store the average water
used is 969 gpd.
Based upon the Comparison Table, there may be a secondary relationship between the number of seats and
the water usage. As mentioned above, there are 3 locations with more than 15 -16 seats. The water usage is
greater than 1000 gpd at these specific locations. This may be attributed to having more customers spend time
in the store which means the restroom facilities are used more. This is considered in the average
Although it has been perceived that size of the store may affect water usage, the basic kitchen area is similar
in each convenience store that serves take - out food (these are not fast -food restaurants). The core water
usage is very similar regardless of building size. The non - kitchen area that is dedicated to convenience items
from band aids to xmas lights varies greatly from store to store.
Conclusion — related to Re- Store'N Station —
In this new convenience store that is located away from other retail shopping, other products such as
specialty grocery items, cooler case items, seasonal items and car items such as wiper fluid & small hardware
items will be allocated more interior space than stores located near other retail. Due to the need to avoid
outdoor display on the EC (which is not allowed without a permit), the specific location of Re- Store'N Station is
anticipating more space to be interior display. The Owner has chosen to build a 6,000 sf first floor with 1,000
sf of Owner occupied office space above. This store is sized to include interior display spaces and more cold
box storage which will reduce the number of delivery trips necessary to stock the store. None of the
expanded extra interior space will affect the water usage because it will not be used for water using devices.
This can be verified when the building plans are submitted for review and permitting.
As part of the sustainable design, the site design for Re- Store'N Station includes a "rain box ". The roof drains
from the building and from the canopy will be piped into a tank then pumped to re -cycle the storm water run-
off so it can be re -used to water landscaping and keep the exterior sidewalks clean. This will virtually eliminate
the storm water runoff that is required to be controlled. This can be verified when the Final Site Plan is
submitted for review and approval.
Since the site has adequate area for a future building, the building design will include a well water meter so
records of water use can be maintained to document the exact water usage and provide supporting data to
evaluate how much of the 1,624 gpd will remain available for future uses. This information will be available
to the County once the store is operational.
Based upon the information submitted, Re- Store'N Station will use much less water than the allowable limit of
1,624 gpd. There is no basis to establish that the by -right allowable limit will be exceeded.
If you have any additional questions, please advise.
104 Ana Marie Blvd, Waynesboro, Virginia 22980 434 - 326- 0334 (fax) 4 34 - 326 - 0334 Page 2
Comparison Table
Note 1 - Serves as commissary for 6 other "Market" locations
Note 2 - Some may have ATM's inside but this convenience store includes a detached Bank branch - VNB
3ased upon the data provided - the "core" usage for convenience gas store is based upon water devices that
each location has and possibly related to seating. The core usage is between 630 - 798.
The locations that use more than the "core" amount have water devices that are high water users -
such as dishwasher or ice maker or both.
III have 1 to 3 - ext. spigots or yard hydrants to wash the sidewalk & pump area and watering landscaping.
No direct relationship can be shown between the sq. Ft, number of gas pumps or traffic at the location.
This data shows a direct relationship between the water useage and water using devices.
This data may show that locations with over 15 seats uses more water possibly because
the customers that use "seating" may use the restroom facilities at a higher rate of frequently.
e- Store'N Station will have water devices like Shell or Like Brownsville with 1 add'I men, ladd'I women toilet.
Re- Store'N Station water use will not include washing the sidewalk or watering landscaping.
BP /Liberty Brownsvill Re- Store'N Sta.Shell BP /Pantop Shell Bellair Exxon
Owner LSF -5 Cay.HEW Inc.Jeffries II Stop In Food LSF -5 Cay.Stop In Food Tiger Tiger
Location 3470 Sem Rockfish Rockfish 1129 Rich 241 Rolkin 1220 Sem Ivy Rd 3455Sem
Total Sq. Ft 2628 4200 7,000 3497 3169 3497 2525 4188
Pumps 6 4 7 6 pumps 7 7 3 5
Traffic 39,000 10,000 10,000 52,000 52,000 57,000 14,000 39,000
Seats 15 15 15 16 16 24 1 26 22
Gallons Per Day 630 656 656 -725 798 823 1129 1191 1558
Water devices
F
I Lg Pan sink x x x x x x x x
Men Toilet 2 x 2 2 2 2 x 2
Men Sink x x x x 2 2 x 2
Wom Toilet 2 x 2 2 2 2 x 2
Wom Sink x x x x 2 2 x 2
lmop sink x x x x x x x x
1 sm kit sink x x x x x x x x
offee 2 3 x 2 4 2 x 3
ountain Ig x x x Ig Ig Ig Ig
ce Tea ice coffee x x
appucino x x x x x x x
Juice x x x
Nater fountain x
xt. Spigot 2 bldg 2 yard 0 2 bldg x x x 2bl /2yd
ce maker 0 x x x x
Dishwasher 0 x
ce cream sink x x
mployee toilet x x
mployee sink x x
Dther I I I I Note 2 Note 1
vniral rnriP raniiiramants - mnn ,ink small hand sink. 1 men sink & toilet.1 women sink & toilet
Note 1 - Serves as commissary for 6 other "Market" locations
Note 2 - Some may have ATM's inside but this convenience store includes a detached Bank branch - VNB
3ased upon the data provided - the "core" usage for convenience gas store is based upon water devices that
each location has and possibly related to seating. The core usage is between 630 - 798.
The locations that use more than the "core" amount have water devices that are high water users -
such as dishwasher or ice maker or both.
III have 1 to 3 - ext. spigots or yard hydrants to wash the sidewalk & pump area and watering landscaping.
No direct relationship can be shown between the sq. Ft, number of gas pumps or traffic at the location.
This data shows a direct relationship between the water useage and water using devices.
This data may show that locations with over 15 seats uses more water possibly because
the customers that use "seating" may use the restroom facilities at a higher rate of frequently.
e- Store'N Station will have water devices like Shell or Like Brownsville with 1 add'I men, ladd'I women toilet.
Re- Store'N Station water use will not include washing the sidewalk or watering landscaping.
IFood (Fuel
Location IService (Pumps IFlxtures
IParking (based upon 12
IExt. Spigots ISF Bldg ;Spaces ISeats (Water Use Details: !monthsACSA data
xxor - Seminole at I j
airport "'The Market" 15 pumps 11 LG Pan sin 12 on bldg
j !
I4,188s( 1 3 Spaces 122 seats (Large Ice Maker - not typical
3455 Seminole Trail 12 toilets &2 sinks 12 yard hydrants ICo Asses Reco ! "Market" location is commissary to 146,754/mo 1588 gpd
JS LTD Corp 11 sm Kitchen sin[:16 other Market stores
fv1 -36F Machines - 3 coffee,15am to 10pm (open at Gam)
Call it "T
Machine -LG fountain
i drini.
j lice Tea machine
III Mud House" /cappucino
land juice bar
f j
mop soi
hell (Free Bridge)The Market 16 pumps 2 toilets & 1 sink (men)I2 on bldg 12,709 sf 115 spaces 16 seats 23,948/mo 798 gpd
129 Richmond Rd 12 toilets & 1 sink (women)1(Co. Asses. Records)
M78 17A1 Mop Sink j
ASSUME 1 LG Pan sink
j (ASSUME 1 kit. Sm sink
water fountain
ichocolate i }-
1 Dble Coffee
13 fountain drink
11 cappucino
P /Liberty
470 Seminole (So.
irport Rd)Lmp'e Subs 6 Pumps 2 toile & 1 sink (men)2 on bldg
Approx. 2,528
100SF 5tor. Bldg 20 marked + 5 1 seats 18,900 /mo 630 gpd
M32.3782
i
2 toilets & 1 sinkwomen)Total SF= 2,628 i
SFS Cavalier Invest.1LG Pan sink Co Asses. Records)
Kitchen hand sink j
IMachines - 2 coffee
1 LG fountain drinks j
11 ice coffee j
11 cappucino
j
hell -1220 Seminole
t Greenbrier Rd
1W -03 -12
Stop -In ShopjSubwaySub 17 pumps 2 toilets &2 sinks ( men) I1 yard (on bldg ?i3497 sf 110 spaces +4 120 seats
1
lice Maker 33,880/mo 1129 gpd
12 toilets &2
sinks(women) j ICo. Asses Record 14 outside seats I
I1 LG Pan sink
mop sink. I j
11 sm. Kitchen sink
IMachmes -1 ice tea
11 cappucino
11 juice
I1 LG(12) fountain dnnl.
12 Coffee
ICE MAKER j
rownsville Market
995 Rockhsn Gap T Deli Style 14 Pumps i toilets & 1 sinkslmen) 12 yard hyd 12,604 sf -1st fir
A 20
some Libr. 15(picmc tables)
1
19680/mo 656 gpd
M55B -19 j 11 toilets & 1 5inWwom) j 11,596 sf - 2nd fir Inot marked i
11 toilet (employee)per County Assessor Records
11 LG Pan sink:total of 4,200,(i
mop sml
1 sm Kitchen soil
j Machines- 2 coffee j
11 sin. Coffe bar sini,j
1 fou (pepsi)
2 coffee
1 sm. Sink ice cream
ei)air (The Market 3 pumps 12 toilets - m/W 12365+160 =25251 30 spaces j 26 Ice maker j 13S,731/mo 1191 gpd
401 Ivy Rd 12 hand sinks m/From Co. Asses Records Dishwasher
alling it "Tig 11 LG pan sink 1 ext bldg has been added VNB - mini branch j
j Imop sink,iso total of 2465sf
Il sm, (mudhouse) sink j
IMachmes -Lg fountain
ldnnks
12 coffee
1 - 3 coffe (mud house) j 1
P F'antops 17 pumps 2 toilets - m/W 13,169 sf 121 mar 1611ce Maker 124,700/mo 823 gpd
91 Rolkin Rd 12 sinks m/w ICo. Asses 16/7 unmark !
V176 -74 14 coffee
11 Lg drink
11 LG Pan sink
11 juice
j 11 cappucino 1 j
oerty Pantops ICAR WASH I 1 16877 sf (1 &2 story) 150 seats guesstimate 1198,700 /mo 6, 623gpg
40 Rolkin Rd 16, sf I 1 1 Car wash (Full restaurant IINCL CAR WASH
M78 -76 ! j 16006 sf cano - --
SF own j ! (From Col. Asset kecordc 1
exaco (Greenbrier) )CAR WASH 1145,000 /mo 4833 gpd
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Page 1 of l
Subj: 9220 Seminole Trail - Stop In Food Stores
Date: 1/5/2009 1:21:52 P.M. Eastern Standard Time
From, tkni, ht Dseiviceauthornt y or
To: MusxitCaol.com
Jo,
For the above address the consumption was higher than average for billing periods in June, July, and August2008duetoawaterleakintheexternalserviceline.
If you need further information please do not hesitate to contact me_
Terri M. Knight
Customer Service Supervisor
Albemarle County Service Authority
168 Spotnap Road
Charlottesville, VA 22911
434) 977 -4511 ext. 107
tknight a-serviceauthority org
Monday. January 0.5, 2009 AOL: Musxit
Old Dominion Engineering
October 3, 2008
josh Rubinstein, Gmundwates N-Luiager
f1)bemarlc County Commuruty Development Office
401 Niclntire Road, North Wing
Charlortes VA :2902 -4596
St BIRCT: RE- STORE'N STATION ESTINLNTED WATER USAGE,
PraperR Ourtet. )effnes Ii, I.7_.0
Property Address 0115 Rocl fist. Gap Tnpk, Crozet, VA
Acreage: 4.06 acre:, TM 55B -1
Albemarle County
propel-n' Use
The proposed u5t for the property is a 6000 square foot convenience store and deli rrirh p,.ts pumps.
Average Da4v rarer Usa ..
Ware: usage data was obtained for &e similar facilities- Each of them h2ve a convenience store, deh and gas
pumps. based oil this data, the avcragc water usage was 725 gpd. The facility most sunila: to the Rr- Store'N
Station in terms of size and location is the Brownsville Market whose average water usage was 648 gpd.
However, for the Re- Store'N Station, the more comprehensive average of 725 gpd will b. used. This water
usage is far less than 200') gallons per day. .ti Tier iIi Groundwater Assessment is adcoune for the oronose.d
project and no special use permit will be requ red
Shown below is the actual water usage data and the locations of the simiiat facilities.
GAS STATIONS WITH CONVENIENCE AND FOOD TAKE OUT SERVICE
Water used in gallons / month
Date Liberty Shell Shell 8P (Rolkin)Brownsville
RT29 & Airport Rd)RT29 & Greenbrier)RT250 Freo Bridge)F7250 Market
Nov -07 20,200 24,100 II"50C 21J0D 16,000
Oct -07 24,30D 22100 29,500 21,300 17.600
Sep -07 21,300 19,600 23,100 23:300 2.DOD
Aug-07 23,000 27,600 27,800 23.900 19,40)
Jul-07 22,400 23,100 16.500 24,900 19.800
Jun-07 26,900 26,300 13,700 25,300 22,300
May -07 28.000 26,500 14,800 25,400 21,100
Apr -07 23,300 20,300 1 &:COD 19.200 21,400
Mar -07 14,900 23,500 15,800 22,000 20,000
Feb-07 15,800 23,500 23,100 18.300 19,000
Jan -07 17,200 2"1,900 18.300 idOO 1 ,OOG
Dec -06 19.200 30,700 1b,3D0
Ave Gall Month 21,542 24,683 19,650 23,458 19418
Average water usage: of all facilmes is 21,750 galiom per month or 725 gallons per Iay
2— October 3, 200£
Tile water used ar tite facility wiE be for food preparanon and sattitarp use:. Virtually al'I ua:er used ut this
facilrr}' wii; be returned to the site as treated wastewater effluent into the onstte, w waste tet hspos :t] system and
ultimately for firotmdxater recliare_
Sincereh, '/ r
Michael Craun P
Old Dotrtinion Ensnneering
2036 Forest Dnve - Waynesboro, VA 2
PHONE (540) 942 -5600 • FAX, (540) 213 -029?
January 20, 2010
Jeffries 11, LLC
2564 Mount Torrey Road
Lyndhurst, Virginia 22452
RE: Restore ItiT'Station Tier III Addendum
In the Tier III Groundwater Assessment and Groundwater Management Plan for Re-
Store'N Station (TMP 55B -1) dated October 3, 2008 we estimated the groundwater
recharge at 2,115 gallons per day and the well water withdrawal rate at 725 gallons per
day.
This memo serves as an addendum to our original Tier III Groundwater Assessment as
we have evaluated a well water withdrawal rate corresponding to the VDH approved
septic system design rate of 1600 gallons per day (gpd)- or approximately 1 gallon per
minute (gprpm).
Please consider the following:
1. Our original estimate of recharge was estimated very conservatively at 211.5 gpd.
In reality the actual recharge rate will exceed this estimate.
2. Our original estimate also did not include the 725 gpd water usage as a recharge.
The vast majority of the well water used on the site will be treated then disposed
in the drainfield and ultimately serve as recharge.
3 . Design loading; rates for drainf elds include a safety factor in excess of the
projected groundwater usage rate. In Virginia, this factor is typically 1.4 times
the actual average water usage rate. We would anticipate the actual average water
usage will be close to 1,143 gpd with additional uses added to the development
increasing the water usage to 1,643 gpd.
4. Even with the withdrawal rate of 1643 gpd, the number is still below estimated
average recharge of 212 gpd.
In our best professional opinion, it is thought that a groundwater withdrawal of 1 643 gpd
approximately 1.1 gpm) will not impact the existing wells on adjoining parcels or
elsewhere in terms of groundwater supple. Furthermore, this usage does not pose threats
of Loundwater contamination under normal circumstances.
1&' .:}ia.'I Tt °_`•l /; I;F. 'I M t' 9 L;ter. z Fay,J: ! C/. ti .l `t.J....i.l, .., J. I Jv ln: e.,Yf::v [ (?'•....11:'
Addendum to Tier III True North Environmental
Restore `N' Station January 20, 2010
Limitations
The work perfonned in conjunction with this project, and the data developed, are
intended as a description of available information. Generally accepted industry standards
were used in the preparation of this report. Stated opinions and conclusions are not
intended as a guarantee and the only reliable way to confirm that a sustainable
groundwater resource is present is to drill and test a groundwater well for quantity and
quality.
True North Environmental appreciates the opportunity to be of service to you with this
project. If you have any questions, please call me at your earliest convenience.
Sincerely,
Vincent Day, PG
Geologist/Principal
Michael Craun, PE
Old Dominion Engineering
1 - allu 1 U1 1
Subj: Re: Re -Store 'M Station SP
Date: 2/15/2010
To: sfrederick aalbemarle.org
Summer -
Since a key issue is monitoring water, I have attached the cut sheet for a proposed water flow meter
device. This model was recommended by Mike Craun the septic system designer.
Of course if you read Marcia Joseph's letter, the way to respond to the concerns that are raised - it
seems the best solution is to put Re- Store'N Station on a public water meter so the monitoring is
accomplished by ACSA rather than County staff.
Thanks
Jo Higgins
In a message dated 2/12/2010 4:42:10 P.M. Eastern Standard Time, sfrederick @albemarle.org writes:
Please see attached for relevant documents.
Summer Frederick
Senior Planner, Current Development
Albemarle County
401 McIntire Road
Charlottesville, VA 22902 -4596
434.296.5832 x3565
sfrederick @albemarle. org
Friday. May 21, 2010 AOL: Musxit
PULSE110
PULSE DATA LOGGER
Features
High speed download
Miniature size
Reusable
Real -time operation
Programmable engineering units
Interfaces to pulse output flow
meters and contact closures
User - friendly
Low cost
Applications
Remote counting and totalizing
Remote monitoring of contact
closures
Flow rate recording
Gas and water metering
Frequency recording
Traffic studies
Speedometer /rotational speed
indicators
Replace costly strip chart recorders
Pulse Recorder
Pulse110
Range
0 to +12 VDC
0 to 100 HI
MADGETECH
L --
The Pulse] 10 is a miniature, low -cost, recording device which senses
pulse inputs or contact closures from external sources such as
transducers and /or pulse initiators and transforms them into usable
engineering units for the specified time period. The device can store
up to 16,383 readings. In addition, the Pulsel10 allows the user to
store user defined units such as gallons /min in the device as well as
scale factors and offset values. This enables the user to easily scale
any transducer that provides a pulse or contact closure output to the
user required units. Once activated the PuIse110 senses and records
the number of pulses /contact closures that occur over the user
selected period. The device's real -time clock ensures that all data is
time and date stamped. The storage medium is non - volatile solid
state memory, providing maximum data security even if the battery
becomes discharged. The device can be started and stopped directly
from your computer and its small size allows it to fit almost anywhere.
The Pulse] 10 makes data retrieval quick and easy. Simply plug it into
an empty COM port and our user - friendly software does the rest.
EKE
MadgeTech Data Recorder Software
displays pulse data in an easy to use graph.
p
The Windows` -based software package allows
the user to effortlessly collect, display and
analyze data. A variety of powerful tools allow
you to examine, export, and print professional
looking data with just a click of the mouse.
e
U?4—M I „l.l. k .w Click Mad<JeTech Software for more information or to
co, J rnr ' rn co• download the software.
Crevice - - u[rrr rc s,r vr•, ror NrCGe u,
c.,.>.acr•Mi ramnrn, r. ,,,
21P
879 Maple Street Contoocook, NH 03229
PO Box 50 Warner, NH 03278 Phone: (603) 456 -2011 • Fax: (603) 456 -2012
PULSE] 10 SPECIFICATIONS*
Input Connection: Removable screw terminal Memory: 16,383 readings; software configurable memory wrap
Maximum Pulse Rate: 100Hz (10 ms);
Up to 1000 Hz in some applications
Input Range: 0 to 30V
Input Low: <0.4V
Input High:
Internal Weak Pull -Up:
Input Impedance:
Recommended Duty Cycle
for inputs greater than
12VDC (over 1 min. interval):
Minimum Pulse Width/
Contact Closure Time:
Engineering Units:
2.7V
500pA
1 kf)
18V: <50%
24V: <25%
30V: <10%
4 ms
User may define units up to 10 characters
in length. This value Is stored within the
device.
Scale Factor: User may program any desired scaling
factor from ±1.000E -31 to ±9.999E +31
The scaling factor is stored within the
device.
Offset Value: User may program any desired offset value
from +1.000E -31 to ±9.999E +31. The
scaling factor Is stored within the device.
Reading Rate: 1 reading every second to 1 every 12 hours
Start Modes: Software programmable immediate start or delay
start up to six months in advance
Real Time Recording: May be used with PC to monitor and record data in
real time.
Visual Indicator: LED flashes at selected reading rate.
Battery Type: 3.6V lithium battery, included; user replaceable
Battery Life: At 15 min. reading rate @ 25 "C:
Up to 1 year (25 Hz Input, 10% duty cycle)
Up to 5 years (< 1 Hz input, I% duty cycle)
Up to 10 years (< 0.1 Hz input, 0.1% duty cycle)
Data Format:Date and time stamped pulse count
Time Accuracy:1 minute /month (at 20 to 30 °C)
Computer Interface:PC serial or USB (interface cable required);
Low Level Current
57,600 baud
Software:Windows 95 /98 /ME /NT /2000 /XP /Vista based
Operating Environment:software
Intrinsically Safe
40 to +80 °C, 0 to 95 %RH non - condensing
Dimensions:1.7" x 2.7" x 0.8" (44mm x 69mm x 21 mm)
Weight: 1.1 oz (30 g)
Approvals: CE
BATTERY WARNING FIRE, EXPLOSION, AND SEVERE BURN HAZARD
DO NOT RECHARGE, DISASSEMBLE, HEAT ABOVE 212 °F,
SOFTWARE FEATURES INCINERATE OR EXPOSE CONTENTS TO WATER
Multiple Graphs: Simultaneously analyze data from Statistics: Calculate averages, min, max, standard
several units or deployments; easily deviation, and mean kinetic temperature
switch to a single data series with the touch of a button
Graphical Cursor: One click displays readings by time,
value, parameter or sample number
Data Table: Instantly access tabular view for
detailed dates, times, values, and
annotations
Scaling Options: Autoscale function fits data to the
screen, or allows user to manually
enter their own values
Formatting Options: Change colors, line styles, plotting
options, show or hide channels quickly
Export Data: Export data in a variety of common formats, or
switch to Excel with a single click
Calibration: Automatically calculate and store calibration
parameters
Logger Configuration: Easy set up and launch of data loggers with
immediate or delayed start, preferred sample
rate, and device ID
Communications: Automatically sets up communications port, or
lets user select configuration
SPECIFICATIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE
SPECIFIC WARRANTY AND REMEDY LIMITATIONS APPLY
CALL 1- 603 -456 -2011 OR GO TO WWW.MADGETECH.COM FOR DETAILS
ORDERING INFORMATIO
Model Description Price (U.S.)
PULSE110 Pulse Recorder with 10 year battery Life $199.00
IFC110 Software, manual and RS232 interface cable $99.00
IFC200 Software, manual and USB interface cable $119.00
LTC -7PN Replacement battery for Pulse] 10 $10.00
For Quantity Discounts call 603 -456 -2011 or email tijleu«mrdcl tech.ce?m
ASK ABOUT OUR OTHER
DATA RECORDERS
Temperature Pulse /Event /State
Humidity Low Level Current
Pressure Low Level Voltage
pH RF Transmitters
Level Intrinsically Safe
Shock Spectral Vibration
LCD Display
M_ D_ - TECH
DOC- 1074009 -00 REV E 2009 07.01
879 Maple Street Contoocook, NH 03229
PO Box 50 Warner, NH 03278 Phone: (603) 456 -2011 • Fax: (603) 456 -2012
kaln "hulk titnrnn atrr .1,r;tarmcnt
EC CORPORATION
February 17, 2010
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1iv Ex.in - __ own l - - - - -- iContacts_ -- l
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Urban development has dramatically changed the natural Rain Harvesisystemofstormwaterrunoffwhenitrains. Many of our cities
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rage 1 of
Subj: Re- STore'N Station - SUP
Date: 2/17/2010 10:02:34 A.M. Eastern Standard Time
From: Musxit (a)aol com
To: sfrederrcknaalbemarle.org
CC: rhiggns(a)albemarle.org nat.perkinsnggmail.com Gbrooks @albemarle org amcculle(a_)albemarle org
GKamptne(a_)albemarle org EEC HOLS(Qalbemarle.org amallekCd)albemarle org
kboyyd(cDalbemarle.org dsnow balbemarle org dsrookerQearthhnk net rive rstreet4444(a yahoo corn
BCC: don ,kg associates net msprouse67(anccwildblue com rthomas(aalbemarle.org
Summer -
General statement - The target date to open Re- StoreW Station is not until January 2012.
We do have some time but we want to proceed in a timely manner. This property has been
zoned and assessed as Highway Commercial since at least 1980 and it is not a stand alone
property out in the rural areas. There are numerous properties in the vicinity along this stretch
of RT250 and that are outside the growth area on both sides and across the road that are non -
rural and non - residential uses. The stretch from the schools complex to 1 -64 does not have a
rural character on either side of RT250. With all the discussion about support for attracting
business to AC - this small business will contribute tax revenue to AC both with increased real
estate taxes and meal tax and will provide numerous jobs in the Crozet Area. Although it
doesn't count when it comes to planning & zoning, the property owner in this case grew up in
AC and has been a business owner for the past almost 20 years. For property already zoned as
Highway Commercial to be used for that purposes rather than be dormant will take pressure off
to rezone other properties or expanding the growth area generally. What is different about this
development when compared to the existing other 4 convenience store with gas sales to the
east & west is that they are unattractive and impact the EC because they were developed prior
to regulations which have evolved to govern landscaping requirements, lighting, parking,
access etc. The existing requirement as implemented will result in ":raising the bar"
as they were intended to do.
Over the past year, Glenn Brooks and Ron Higgins had both confirmed that "water" was well water
and does not include rainwater /storm water collected and diverted to water the landscaping plants. I
had asked this specific question of both Glenn and Ron to confirm this information If staff is reversing
a premise that has been used over the past year both in the discussion pertaining to water use and
stormwater management it is reasonable to request that an explanation be provided Per your letter, I
assume this is forthcoming
Getting the feedback from Greg /County attorney's office is also important. We met with Ron Higgins
and Greg last April and established that there were important questions related to this issue. One of
those questions being -how a special use permit could even be applied because if the water usage is
less than 1624 gpd then the threshold for requiring /enforcing the special use would not have been
reached. Since we know that RS can operate successfully within the limitation, the fee and cost
associated with asking for a special use permit and ail the staff time spent on this could all be a
waste. After repeated requests for this information, I received an email from Greg in December which
said he would be providing a response. I know everyone is busy but taking almost a year seems
excessive. In your letter, you advise this is forthcoming.
One thing to confirm - The collection of rainwater will still be part of the stormwater management
design. If the rainwater collected is to be included in the 400 gallons per acre per day or 1,624 gpd
limitation, it will not be used to water plants. The system design will be detailed for no liner which will
allow the rainwater to seep through the walls of the underground raintank. Only a small percentage of
business properties in the area actually have landscaping irrigation systems and having one is optional
and not a requirement. Therefore, the information on water usage that has been submitted does not
need to be changed to include the gallons of storm water that may be used for watering plants if that is
what you are asking for.
I assume another way this can be addressed is to include as part of the Special Use Permit to
allow the rainwater /runoff to not be counted /included in the gallons per day calculations. Using
rainwater to water plant materials is an optional activity and does not relate to the water usage that is
directly related to the plumbing fixtures inside the bldg Collection /Harvesting and Reuse of rainwater
is a practice that is a proven environmentally sustainable design feature that alleviates need for an
above ground open detention ponds which are a breeding ground for mosquito infestation and
Attachment C
Friday, May 21, 2010 AOL: Musxit
Page 2 of 2
have maintenance & liability issues. I have attached information about Rain Tank Stormwater Management for
your use.
Please consider this as a request to amend the Special Use Permit from 1 gallon per day (more than allowed
for 4.06 acres) and to request permission to water plant materials without restriction provided the water source
is rainwater.
I also left you a message because you sent a schedule as an attachment which shows the earliest PC
meeting at March 1 st rather than March 16(last year's schedule) but there are two items in your letter that say
are "forthcoming ". The ending of your letter implies that a date is evident to "submit your revisions and
responses to review comments" but I need your input on the deadline to address comments. I do have a
response to Engineering's comment because it states the issue very well - water usage is a "function of
individuals and their water use practices ". The water usage of a larger convenience store (over 1,000sf more)
with more gas pumps (8 instead of 7) such as the WaWa shows that a convenience store without water
restrictions can operate successfully with many more plumbing fixtures than Re- Store'N Station will
have. We will submit the internal plumbing fixture analysis if needed.
Your assistance is appreciated. Please advise
Jo Higgins
Project Development Limited LC
2564 MtTorrey Rd
Lyndhurst, Va 22952
434 - 326 - 0334
musxit@aol.com
Friday. May 21, 2010 AOL: Musait
Page I of 2
Subj: Re- Store'N Station- Water data
Date: 4/1/2010 8:30:55 A.M. Eastern Daylight Time
From: Musxit(d com
To: sfrederickCo)albemarle org
BCC: msprouse67 aDnccwiId blue. corn
Summer -
After reading through Greg K's memo, I wanted to give you the analysis of the plumbing fixtures
based upon a PER DAY usage. With the focus clearly on the what does use water rather than the
underlying by -right use, this is important. Please see attached. The frequency of use for each fixture
is greater than actually occurs and based upon a 24 hr period to make it the worst case scenario. The
plumbing fixture data sheet for the urinal, toilet, and faucet is attached which give the flow volume ie
gallons per flush. With water conservation fixtures which are becoming the norm, this business will
use much less water than WaWa. just to make clear - This special use permit was requested only
because the County required it and not because the business will use more than the allowable 400
gallons per day per acre. The water will be monitored to comply with the health department septic
permit which overrides and is more definitive than the language in the County ordinance. You should
already have the Pulse meter that is proposed to be installed to monitor the water use. Of course, if RS
is allowed to connect to public water a ACSA meter would be less hassle for everyone.
I also talked to Jay S. who advised what plumbing fixtures are code required for a certificate of
occupancy. He also advised that although AC does require the facilities to be included in the
construction of the building is all. Whether they remain available to the public or staff or unlocked is up
to the business owner for instance. The restrooms are for the convenience of the patrons. Of course,
if they are not available (or not well maintained /not clean) the patrons will go elsewhere. The code
requirements for food preparation which is under the Dept of Agriculture (not health dept in this case) it
does require a hand wash sink for instance. It is also up to the business how they prepare food and
wash dishes or use disposable containers making all this optional.
Please make sure to include in your staff report that the Preliminary Plan that was previously reviewed
and all comments were addressed) was for a 6,000sf 1st fir and on the revised PP it was reduced to
4,750sf - this was after conversations with the Chief of Zoning because we understood that a significant
reduction would result in a determination that a Special Use Permit would not be required.
Subsequently, that was not the case but I just want everyone to acknowledge that the size reduction
was an effort to appease everyone including those persons that have spoken out against the very
existence of the use at this location.
There is a lot of other information floating around that is not correct. To list a few -
1. Number of fuel pumps on the Site - there are 6 under the large canopy and 1 under the small
canopy. The 2nd island under the small canopy is for "off road" fuel which is for small contractors to fill
their tank up that sits in the bed of their pick up truck or for small farm owners to purchase fuel for their
farm tractors. It is illegal to use this fuel in a street vehicle.
2. Number of nozzles on each pump - Each fuel pump has 2 nozzles - so it can serve a car on each
side of the island.
3. Availability of "unbranded" gas being new - Currently there are already 2 unbranded gas stations
along this section of RT250West - Gateway sells unbranded and SuperTest (just to the West) sells
unbranded so this is not a new product to the area.
4. That this is a Service Station - This is not a "service station" which under old water use tables shows
water usage as 10 gallons per vehicle. As you may be aware, there are service stations in large cities
but our area they are few and far between these days. The Exxon in Ivy on RT250 is a service station
across from Toddsbury) but most have been converted to convenience /retail with gas sales. There is
also the Exxon on Emmett Street in the City.
If you need clarification on any item or more description, please advise.
Your assistance is appreciated.
Friday. May 21. 2010 AOL: Musxit
Page 2 of 2
Jo Higgins
Project Development Limited LC
2564 MtTorrey Rd
Lyndhurst, Va 22952
434 - 326 - 0334
musxit @aol.com
Friday, May 21, 2010 AOL: Musxit
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HYDRO - ENVIRONMENTAL CONSUL"I'ANTS, LLC
April 16, 2010
Marcia Joseph. CLA, AICP
Joseph Associates LLC
481 Clarks Tract
Keswick, Virginia 22947
RE: Hydrologic Evaluation of the Proposed Restore N' Station, TMP 5513-1,
Crozet, Virginia
Dear Ms. Joseph:
Hydro - Environmental Consultants, LLC, (HEC) is pleased to present this
evaluation of potential hydrologic impacts associated with the subject project.
HEC understands that the site developer Jeffries II, LLC plans to construct a
convenience store /gas station on an approximately 4 -acre parcel (TMP 5513-1)
located at 6115 Rockfish Gap Turnpike in Albemarle County, Virginia.
This report is based on the information you provided, available public information
on the hydrologic, soil, and hydrogeologic conditions at and in the vicinity of the
project, and HEC's experience on similar projects.
Background Information
Jeffries II, LLC has submitted a site development plan to Albemarle County to
develop a convenience store /gas station the 4 -acre site. Water supply for the
project will be provided by a Class li B public water supply well to be installed
and permitted in accordance with the Virginia Department of Health (VDH)
Waterworks Regulations (12VAC5 -590). Sanitary wastewater will be managed
with an onsite sewage system that HEC understands will include two 1500 gallon
septic tanks connected in series, a 5,000 gallon equalization tank, and two
conventional drainfields. The onsite sanitary system was sized based on a flow
rate of 1,600 gallons per day (gpd).
Old Dominion Engineering completed a Tier III Groundwater Assessment and
Groundwater Management Plan dated October 3, 2008 in general accordance
with the Albemarle County Groundwater Ordinance. The Tier III report provides
a summary of available information on site soils, geology, hydrogeology, existing
groundwater use, and potential threats to groundwater quality. To HEC's
knowledge no field investigations, other than a site reconnaissance and soils
investigation for the onsite sewage system have been performed. In this report
groundwater withdrawal was estimated to be 725 gallons per day (gpd) based on
water use at similar facilities, and groundwater recharge was estimated to be
2,115 gpd. The report concluded that "it is not anticipated that groundwater
withdrawal of this magnitude will impact existing wells on adjoining properties or
elsewhere in terms of groundwater supply ". The report's groundwater
li1'1)1 (O- I?N \'IRONi\flN7'AL CONSULTANTS, LLC:
PO BO\ 3505, GLEN ALLF'N, VIRGINIA 23058
PHONE (8o4) 290- !)1131 • FAX (804) 39£1 -0373 • 1\IOBILF: (804) 512 -71x5
Attachment H
management plan stated "The proposed development will seek to minimize
degrading groundwater recharge by implementing runoff - neutral site design and
storm water management strategies that minimize offsite runoff.
Albemarle County determined that a Special Use Permit was required because
there is a significant likelihood that the project's water consumption will not stay
below the 400 gallons per site acre per day consumption threshold" in the Zoning
Ordinance. In a January 20, 2010 addendum to the Tier III report, True North
Environmental revised the groundwater withdrawal estimate to 1,643 gpd or
approximately 400 gpd /acre. The addendum also stated that the original
estimate of groundwater recharge (2,115 gpd) was very conservative and that
recharge would exceed this estimate.
Surface water quantity will be managed in two Raintank systems. One Raintank
system in the northern portion of the site will collect water from roof drains. HEC
understands that water collected in this Raintank will be used to supplement
onsite irrigation of landscaped areas. The second Raintank system in the
southern part of the site will collect runoff from paved areas. This Raintank
system will discharge through a level spreader to a broad swale onto adjacent
land south of the subject project. HEC understands that the Albemarle County
storm water regulations do not consider infiltration as a means of storm water
management. Therefore, there is no infiltration from the Raintanks.
Hydrologic Evaluation
The proposed development will have an effect on the hydrologic balance for the
site. Pre - development the site hydrology was dominated by groundwater
recharge, and sheet flow runoff to the south. The True North recharge estimate
is reasonable for the existing site conditions (un- developed open field) but does
not accurately estimate post - development recharge. Post - development
impervious surfaces, the increase in slopes around the perimeter of the
impervious surfaces, and the site landscaping will negate approximately 75% of
the recharge. Therefore, post - development natural recharge will be reduced to
approximately 525 gpd. A portion of the lost recharge will be made up from
induced recharge from the drainfield. It is difficult to quantify the induced
recharge from the onsite sewage system as the net consumptive use of the
proposed development is difficult to quantify.
Water use at the facility was originally estimated to be approximately 725 gpd
based on data from similar facilities. This estimate was increased to 1,643 gpd in
the January 20, 2010 addendum. The facility will need to obtain a transient non -
community water system permit from the VDH in accordance with the Virginia
Department of Health Waterworks Regulations (12VAC5 -590). The required
capacity of the waterworks is detailed in 12VAC5- 590 -690. According to the
VDH regulations, service stations are required to have a capacity of 10 gallons
per vehicle served. Although the capacity of the waterworks includes a safety
factor and does not equate to anticipated use, it does provide an estimate of
maximum groundwater use.
According to Table 2 of the Tier III report there are 10 private wells within 2,500
feet of the proposed development. The total depths of the wells suggest that two
of these wells and possibly four additional wells are bored wells completed in the
residuum - saprolite above the crystalline bedrock. Bored wells typically have a
very limited saturated thickness (generally 15 feet or less) from which to draw
water and are completed at the water table. These features make bored wells
particularly susceptible to small changes in water table levels either caused by
natural climatic conditions or man -made changes. Figure 3 of the Tier III report
shows that two of these wells are within a few hundred feet of the proposed
development. Drawdown of the water table from the facility well may cause
water table drawdowns that extend beyond the property boundary and could
measurably affect water levels in the nearby bored wells. The potential effect of
shallow bored wells with limited water depths depends on the depth of the water
column in the well, the proximity to the development supply well, and the
hydraulic connection between the residuum and the deep bedrock aquifer. The
potential impact to any nearby private wells completed in the bedrock are likely
negligible due to the greater saturated thickness typically found in deeper, drilled
wells.
Water from the southern Raintank system that is discharged to the swale south
of the subject property through a level spreader will likely effect the hydrologic
conditions on the adjacent property and may adversely affect the usability of the
property. HEC is not aware of any drainage easement with the adjacent land
owner to the south.
Conclusions
The proposed development will alter the hydrologic balance for the site. The
development will decrease the net ground water infiltration at the site and
increase the ground water withdrawal in the area. Several of the nearby private
wells appear to be bored wells that are most susceptible to changes in the local
ground water conditions. Drawdown of the water table from the facility well may
cause water table drawdowns that extend beyond the property boundary and
could measurably affect water levels in the nearby bored wells. There is
insufficient information on the construction, yield, use, static water level and
saturated thickness at nearby private wells and the site specific hydrogeologic
conditions to accurately evaluate potential impacts to the private wells.
HEC appreciates the opportunity to present this evaluation. I trust this
information meets your needs. If you have any questions, please call me at your
convenience.
Sincerely,
Hydro - Environmental Consultants, LLC
Douglas R. Fraser, PG
Virginia Professional Geologist #000707
JOSEPH ASSOCIATES LLC
481 Clarks Tract
Marcia Joseph. C'L,A. AWP
plimie 434 - 984 -4199 Keswick, Virginia 22947
cell 434- 996 -1572
14\434-984-3098
VIA ELECTRONIC DELIVERY
May 26, 2010
Albemarle County
Department of Community Development
Summer Frederick, Senior Planner
401 McIntire Road
Charlottesville, VA 22902
Re: Application Number: SP200900034
Owners: Jeffries II LLC
Project: RE- STORE'N STATION
Tax Map 055BO -00 -00 -00100
Dear Ms. Frederick:
Thank you again for meeting with me on May 6, 2010. As you know, we are working with
HE & J, Inc. (HE & J) and its principals Mr. and Mrs. Chris Suh. This letter is written in
cooperation with Mr. and Mrs. Suh in response to the staff report dated April 20, 2010 ( "Staff
Report ") with respect to Jeffries II LLC's (the "Applicant ") application for a Special Use Permit for
the property and project described above. HE & J, in addition to many other citizens and property
owners in the area that will be affected by the Applicant's request, oppose the grant of a Special Use
Permit for this project.
First, we note that there is significant community opposition to the Applicant's proposed use.
We would hope that the correspondence from members of the community, as well as this
correspondence, will be included with and attached to the new staff report to be issued on this
matter.
The Applicant has requested a special use permit under Albemarle County Code of 1998, as
now in effect (the "Code "), § 18.24.2.2 paragraph 13, which requires a special use permit for, "[u]ses
permitted by right, not served by public water, involving water consumption exceeding four hundred
400) gallons per site acre per day."
Need for Additional Analysis. The grant of a special use permit is not limited to one
consideration. Several factors must be considered. The County's Land Use Handbook, as published
on the County's website, provides minimum considerations:
At a minimum the standards applicable to special use permits should require
consideration of: (1) the impacts of the special use on the character of the district; (2)
the impacts of the special use on the welfare of the landowners and occupants of land
in the district, see, Bell v. City Council of City of Charlottesville, 224 Va. 490 (1982):
and (3) consistency with the comprehensive plan. National Memorial Park, Inc. v.
Board of Zoning Appeals (?I 'Fair fux Counly, 232 Va. 89 (1986) (upholding denial of
special use permit to operate crematory based on the negative impact of the proposed
use on neighboring properties and inconsistency with comprehensive plan). Other
factors that may be considered include: (1) the character of the property; (2) the
general welfare of the public; and (3) the economic development of the community.
Bell, supra. These factors are also akin to those delineated in Virginia Code §§ 15.2-
2283 and 15.2 -2284. (Emphasis added.)
These considerations are also part of the zoning ordinance, 31.6. 1, which provides as
follows:
Special use permits for uses as provided in this ordinance may be issued upon a
finding by the board of supervisors that such use will not be of substantial detriment
to adjacent property, that the character of the district will not be changed thereby and
that such use will be in harmony with the purpose and intent of this ordinance, with
the uses permitted by right in the district, with additional regulations provided in
section 5 [of the zoning ordinance], and with the public health, safety and general
welfare. (Emphasis added.)
Considering these factors, there are many reasons staff has to recommend denial of the
special use permit. First, this site is located outside the growth area of the County's comprehensive
plan. Second, the scale of this development overwhelms the site in terms of water use, traffic and
nuisance factors. Third, there is clear evidence that the sewage discharge is not limited to "domestic
waste" and that the representations made to the health department regarding sewage treatment are at
best understated and misleading. Fourth, there is insufficient information to measure potential
consumption at this time due to the lack of a traffic study. Fifth, a study of existing automobile
service stations in the area indicates that the additional truck stop proposed by the Applicant is not
needed and, without such need, there is no justification for diverting precious water to this project.
Based on the record before the staff at this time, there is no basis or evidence that supports the
required finding that issuance of the special use permit will not be of a substantial detriment to
adjacent property.
The April 20, 2010 Staff Report indicates that the County staff does not have the resources to
make a determination. We believe a failure by the staff to obtain and analyze the information
available to it will render any decision by the board of supervisors on the special use permit
vulnerable to being overturned by a court. Sec, e.g., Mutter v. Board of Supervisors of Washington
Count}, 29 Va. Cir. 394 (1992). The Albemarle County Land Use Law Handbook construes the law
as requiring goveriunental scrutiny as follows:
A use allowed by special use permit is permitted " only after being submitted to
governmental scrutiny in each case in order to insure compliance with standards
designed to protect neighboring properties and the public." Board of Supervisors of
Fairfi a County v. Southland Corp., 224 Va. 514 (1982). An application for a special
use permit must be examined by public officials and be guided by standards set forth
in the zoning ordinance, to determine the impact the proposed use will have if carried
out on the property. Southland Corp., supra. (Emphasis added.)
Based on the Mutter decision, cited above, we believe that the County must obtain a traffic
safety study from the State Highway Department, speak with the State Water Control Board,
especially about the possibility of pollutants entering the groundwater and adjacent streams, speak
2
with the Department of Game and Inland Fisheries to determine whether there is potential harm to
game and fish, and consult with a groundwater expert hired by the County if one is not on staff.
We also believe the staff has an obligation to reconsider Applicant's water report. We have
provided to the staff a water report that questions the findings of the Applicant's water report. A
copy of the report is attached for your convenience. For example, our report questions whether the
Applicant's report considers the impact of pavement on water recharge. The County's
comprehensive plan, under "Ground Water" states as follows:
Surface water and groundwater are interconnected systems. The quality and quantity
of one is interdependent on the quality and quantity of the other. For instance,
groundwater recharges springs and streams. Impervious surfaces reduce groundwater
recharge and increase the rate and volume of surface water discharge during storms
Emphasis added.)
We also question why the Applicant's water report does not adequately document the number of
wells in the area. It appears there are about ten wells excluded from the Applicant's report. The
impact of this increased water use applies to every well currently used in the vicinity.
It is impossible to see how the planning commission or the Board of Supervisors can be
expected to make any decision on this special use permit without a thorough examination by County
staff and the prior resolution of issues that will affect water use. The Applicant cannot demonstrate
that there will not be a substantial detriment to the adjacent property. Instead, it appears that the
grant of the special use permit to the Applicant will have a substantial detriment to the adjacent
property. If staff cannot perform a thorough analysis, then consideration of this permit should be
deferred until this analysis is conducted. The public relies on staff to use their knowledge and skills
to ensure that any legislation passed to protect the public good is adhered to by all applicants and is
not ignored.'
Legislative History. As you are aware, the granting of a special use permit is a legislative
act. The decision to grant or deny a special use permit is a legislative, not an administrative
function. See National Memorial Park Inc. v. Board of Zoning Appeals of Fahffax County, 232 Va
89 (1986) and cases cited therein. A legislative body is not precluded from considering the history
behind the enactment of the statute. Such a body is not construing the meaning of the statute as a
court would be. In fact, the Code of Virginia requires that a board of zoning appeals consider the
purpose and intent of the statute. Va. Code Ann. §15.2- 2309(1). Similarly the Code requires that
the Board of Supervisors consider the purpose and intent of the zoning ordinance when granting a
special use permit. See Code §31.6.1.
We have examined the legislative history. It appears this requirement for a special permit for
water use was made at a meeting of the Board of Supervisors on June 7, 1989. In a prior meeting in
February 13, 1985 the staff explained to the Board of Supervisors that the 400 gallons per site acre
per day was "based on site acreage and corresponding [sic] to consumption rate of a single- family
dwelling." The staff stated that the minimum lot size for a dwelling not served by public water or
sewer was 60,000 square feet. This is about P/3 acres. Relying on Health Department regulations,
We note that an appeal is pending before the Board of Zoning Appeals to determine whether filling stations serving
semi - trucks is a permitted use under the ordinance and whether the Applicant's use will generate industrial waste.
Resolution of these issues can affect the staff's recommendation.
I
the staff noted that a dwelling consumes 150 gallons of water per day, per bedroom. In a four -
bedroom house, that would mean 600 gallons per day, which, per the staff report, is approximately
400 gallons of water per acre. Therefore, it is clear that water consumption was intended to be
based on a typical dwelling and that consumption not corresponding to a typical dwelling would
require approval.
In this same meeting, the staff also stated that a "special use permit review would be required
for both groundwater and surface water withdrawal." This suggests that withdrawing groundwater
or surface water is counted toward the 400 gallon per day limitation. The Applicant believes that it
will not consume more than 1624 gallons of water per day. It is unclear whether the Applicant has
considered withdrawal of surface water in its determinations. An amount greater than 1624 gallons
per day requires a special use permit. We have previously provided to the staff information that we
have obtained and analyzed that indicates the Applicant will withdraw more than 1624 gallons per
day.
Effect on Community. The zoning ordinance itself requires that the County's
comprehensive plan and the zoning ordinance be construed harmoniously. Code § 18.1.6 provides as
follows:
In drawing the zoning ordinance and districts with reasonable consideration of the
Comprehensive Plan, it is a stated and express purpose of this zoning ordinance to
create land use regulations which shall encourage the realization and implementation
of the Comprehensive Plan To this end: development is to be encouraged in
Villages, Communities and the Urban Area; where services and utilities are available
and where such development will not conflict with the agricultural /forestal or other
rural objectives; and development is not to be encouraged in the Rural Areas which
are to be devoted to preservation of agricultural and forestal lands and activities,
water supplyprotection and conservation of natural, scenic and historic resources
and where only limited delivery of public services is intended. (Emphasis added.)
The Crozet Master Plan provides as follows:
A strong Rural Areas policy should be put in place to assist in focusing growth within
the Development Areas and to help in mitigating cumulative impacts of additional
traffic on Routes 240 and 250. This policy will also be important to maintaining a
clear boundary between Development and Rural Areas. (p. 101.3) (Emphasis
added.)
Section 18.21.1 describes the intent behind the creation of commercial zones, including
Highway Commercial:4
It is intended that commercial districts hereby and hereafter created shall be for the
purposes of providing places to conduct commerce and business as well as to provide
2
Technically it would equate to 435 gallons per acre, but the decision was made to round down to 400 gallons per acre.
3 The staff did note as well that, based on statistics, this limitation would not likely affect industries that have a limited
number of employees and only consume water "for domestic purposes"
4
Section 18.24.4 of the Code provides: "In addition to the requirements contained herein, the requirements of
section 21.0, commercial districts, generally, shall apply within all HC districts."
11
places of employment and strengthen the local economic base. To these ends,
activities involving retail, wholesale and service business shall be permitted at
appropriate locations within areas designated as the urban area communities and
villages in the comprehensive plan A review of transportation impacts shall be a
major consideration in the establishment and development of all commercial districts.
Emphasis added.)
Code § 18.1.4 provides that one of the purpose of the zoning ordinance, "is that residential
areas be provided with healthy surroundings for family life." The residents of Crozet have
purchased their property with an intent to enjoy the rural nature of the area. The site at issue is not in
the development area under the County's comprehensive plan. Much of the land use surrounding the
site is Rural Areas, the least intense use defined in the zoning ordinance. The buildings in the
surrounding area that are also zoned HC are varied in size. They range from commercial space that
measures 672 square feet to 7,040 square feet. The 7,040 square foot trucking enterprise is set back
from scenic 250, which greatly reduces its visual impact on the neighborhood. It is on public water
and limits its hours of operation to avoid creating a neighborhood nuisance. Restore 'N Station will
ultimately measure over 1 1,000 square feet in size. In order to allow for the truck traffic, the site
plan illustrates nearly 1/2 an acre devoted to pavement to serve the diesel pump in the rear of the
site. This development proposed by the Applicant will significantly change the character of the area.
Applicant's intended water consumption will also have a negative effect on the community.
The Applicant's site is in the Blue Ridge Province, as shown on Map 2 -4 of the Ground Water
section of the County's comprehensive plan. The Ground Water section in the County's
comprehensive plan states that in the Blue Ridge Province well yields are lower than more eastern
areas of Albemarle County and that, in the Blue Ridge Province, "Potential for man -made
contamination is high, due to the shallow depth of the regolith."
Some of the adjacent wells are bored wells, which are more susceptible to changes in the
water table. The Ground Water section of the County's comprehensive plan states as follows:
Bored wells (approximately 6% of individual supplies) usually penetrate to or just
below the bedrock/saprolite interface (most are 30 to 100 feet deep), and utilize water
from near- surface aquifers, often in the saprolite. Dug wells also utilize these near -
surface sources. For this reason, bored and dug wells are much more susceptible to
surface influence than drilled wells. Correspondingly, the likelihood of bacteria,
nitrate petroleum or other contamination is higher in bored and dug wells Yields in
these shallow wells are often higher than those for drilled wells. (Emphasis added.)
It is also possible that the Applicant's well could depressurize neighboring wells if the well is
drilled into the same or a connecting fracture used by a neighboring well. A depressurized well is
more likely to go dry. The Applicant should be required to pay for tests to the surrounding wells to
determine the likelihood that its consumption of water above the permitted amount would affect
these surrounding wells.
Another issue of concern is the Applicant's intention to collect water and discharge it onto
neighboring properties without a drainage easement. Even with the level spreader, it is expected that
the neighboring properties will be seasonally saturated and too wet to use. If the level spreader fails,
the discharged water could cause gullies to form on the adjacent properties. If the Applicant does
not have a drainage easement, its water use plan will need to be modified. This may affect water
5
consumption. We also ask if the stream to which this water will flow will have adequate capacity
according to Minimum Standard 19 of the Virginia Department of Conservation and Recreation. By
letter dated November 4, 2008, Amy Pflaum said "The proposed level spreader may not satisfy the
requirements of VESCH MS — 19. The exit slope may not have a grade greater than 10%. An
adequate channel and easement may be necessary through neighboring properties." Until these
issues are resolved, the granting of a special use permit is premature.
Under the comprehensive plan, the growth area boundaries are based on water drainage
areas. This site drains into the water supply, without first settling any contaminants in the
Lickinghole Basin. In the past, land disturbance within this area has caused creeks and ponds to fill
with silt, which destroyed the life in the streams and ponds. Furthermore, the storm water outflow
will be released into streams and creeks. The comprehensive plan, section on Ground Water, states,
Approximately half of the County's population uses surface water for consumptive uses through the
public system consisting of five reservoirs and one run -of -the -river intake." Contaminants can affect
the water of half of the County's residents. These streams and creeks also support agricultural
enterprises. What happens if the value of the County's existing agribusinesses are hurt by this
development? We are all currently witnessing in the Gulf of Mexico an impact greater than any
anticipated consequences of a petroleum accident.
If the special use permit is granted, and the Applicant's water consumption exceeds the
amount permitted by the special use permit, we believe it will be very difficult for the County to
enforce. The Applicant's solution, if it does consume more than the permitted amount of water, is to
close restrooms or other fixtures not required by the Code. Does this mean that its employees and /or
customers will be running down Route 250 to another business or hiding behind the bushes to use
the restroom?
Traffic. Code §18.21.2 states that a major consideration in zoning should be the
consideration of traffic issues. The traffic that would be created with this development, which is in
the rural area under the County's comprehensive plan, would create conflicts with school busses and
parents trying to take children to one of the three schools located just east of this site. 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 will create even greater congestion
and vehicular conflicts on 250 W. Moreover, the amount of water usage will depend on the number
of patrons. Without a traffic study it is impossible to estimate the appropriate water usage in order to
determine whether a special use permit should be granted and under what conditions. Sec, id.
Drain Field. Finally, we are also concerned that no questions have been raised about the
Health Departments' approval of a drain field that assumes the use of less water than the County has
already determined will be needed (and the reason why the special use permit is being required.) We
question whether it is appropriate to cover the drain field with pavement. An improperly designed
drain field can cause problems, which will expose the ground and storm water to pollutants and
impurities. Many domestic wells in the vicinity could become unusable should contaminants be
added. At a minimum, the Applicant should be obligated to test samples of the existing water table
on site - as well as domestic wells within at least a two -mile radius of the property and should be
We note that Applicant's proposed plan includes a storm water filtering system. These systems, though helpful, do not
remove all pollutants. They also seem designed for use in developed areas where the neighboring properties are on
public water, so any remaining pollutants are less of a concern to neighbors. In this case, not only can the neighbor's
wells be affected, but the Applicant itself may also be affected by pollutants. The Applicant's patrons will be consuming
the water from the Applicant's well.
6
held accountable for pollutant discharge into the water table and streams. Furthermore, the drain
field permit from the Health Department should have used a value of 10 gallons per day per vehicle
from Table 5.1 in the Health Department Regulations. The permit was based on much lower usage.
It is harmful to the community when a governmental unit defers to a govermnental agency when the
agency has relied on facts and /or laws that are incorrect. A construction permit is null and void if
site and soil conditions are changed from those shown on the application. Moreover, the regulations
state that the drain field has to be 100 feet away from any cisterns (rain tanks ?) which would affect
the northern drain field on the current site plan.
Conclusion. The Applicant states that it has provided data that indicates that "a store of this
size can operate well within the 1,624 gallons allowed by right ". However, this data is incomplete,
is inconsistent in its assumptions and shows that it is possible and likely that the Applicant will use
more than 1,624 gallons of water per day. The April 20, 2010 Staff Report does not examine,
supplement or analyze the Applicant's data. Moreover, the Applicant offers no assurance of its water
use other than a meter controlled by Applicant. This is not a by -right use and the proposed site plan
is out of scale for the site. For all of the reasons discussed in this letter, we ask that the special use
permit be denied and that staff not recommend approval of the special use permit, especially in the
absence of any further analysis by staff.
cc: Chris and Anne Suh
Amelia McCulley
Ron Higgins
Mike Marshall
Sincerely, \
Albemarle County Planning Commission
Albemarle County Board of Supervisors
Albemarle County Board of Zoning Appeals
Resolution by the Crozet Community Advisory Council regarding the
Application for a Special Use Permit for the
proposed Re Store `N Station on Route 250 West
Before the Planning Commission on June 8, 2010
In the matter before the Albemarle County Planning Commission on June 8, 2010
regarding the application for a Special Use Permit for the proposed Restore `N Station,
the CCAC hereby resolves that:
I) The Planning Commission should require a traffic study prior to consideration of
a Special Use Permit regarding water usage. The Virginia Department of Health
VDH) regulations require that a certain amount of water be available by
commercial establishments, on a per vehicle basis. As it is not known what the
daily vehicle traffic for the project will be, it is not possible to project the water
usage for the project. A Special Use Permit should not be considered until daily
traffic figures from VDOT have been received and those figures have been used
in the VDH calculations regarding water usage to see what the water demands of
the project will be; and
2) The County should require their own analysis of the water usage figures presented
by the applicant. This impartial analysis is critical, as a significant drawdown of
the water table in the area could have potentially devastating effects on the nearby
wells of the adjacent Freetown neighborhood, an historic community dating back
170 years. If the County staff is not able to perform an independent water usage
analysis, the applicant should be required to fund such analysis. This analysis
would be performed by impartial water expert.
Hereby resolved by unanimous vote of the CCAC: May 20, 2010
RE -STORE STATION PROJECT RESOLUTIONS
WHEREAS, at a recent meeting of the Crozet Community Advisory Council (the "Council "),
Albemarle County Zoning personnel provided the Council with an overview of the proposed seven
thousand square foot Re -Store Gas Station and Convenience Store to be located on Route 250 West
near the Moose Lodge and Western High, Henley Middle and Brownsville Elementary Schools (the
Project "); and
WHEREAS, the Project is located at the western entrance to Crozet; and
WHEREAS, numerous Crozet residents and several business owners attended the meeting; and
WHEREAS, members of the Council expressed numerous concerns relative to the Project as
currently proposed; and
WHEREAS, the residents addressed the Council and expressed their numerous concerns relative
to the Project; and
WHEREAS, the most significant concerns expressed at the meeting related to: (i) the projected
water usage and the water usage calculations which had been relied upon to approve the Project; (ii)
the current size, scope and scale of the Project to include its proposed six pump, seven thousand square
foot gas station, convenience store and office space facility which will rely solely on well water to
operate; (iii) the anticipated ground water runoff, much of which will necessarily carry pollutants down
into the adjacent neighborhood; (iv) increased traffic congestion adjacent to a congested, multi - school
zone; and (v) the future uses which may be made of the remaining acreage of the subject parcel; and
based thereon, it was unanimously
RESOLVED, that the Crozet Community Advisory Council respectfully requests the Albemarle
County Zoning Administration to revisit its calculations relating to the projected water usage of the
Project, which calculations appeared to be significantly understated as they were based upon dissimilar -
sized sites and sites where, in comparison to the Project's patrons likely coming from the Interstate and
needing in every instance to use the restroom facilities and to be hydrated, the water usage would be
significantly lower as compared to the Project; and it was
FURTHER RESOLVED, that the Crozet Community Advisory Council respectfully requests that the
Albemarle County Zoning Administration, Albemarle Planning Commission, Albemarle County
Architectural Review Board and Albemarle County Board of Supervisors take all lawful measures and all
lawful means to materially reduce the size, scale and scope of the Project so as to materially reduce
associated water usage, water runoff and traffic congestion; and it was
FURTHER RESOLVED, that the Albemarle Planning Commission, Albemarle County Architectural
Review Board and Albemarle County Board of Supervisors take all lawful measures and all lawful means
to insure that the Project, as approved, complies with all zoning ordinances, rules and regulations,
including but not limited to light and noise pollution, and that it be built out in size and physically
oriented and otherwise designed so as to protect and preserve the integrity, to the extent possible, of
the adjacent neighborhood.
Crozet Community Advisory Council
By: Michael J. Marshall
Its: Chairman
Date: 25November 2008
The above Resolutions were adopted by the Crozet Community Advisory Council at its regular meeting
held on November 21, 2008.
Tina Ryner
2585 Brown's Gap Turnpike
Charlottesville, VA 22901
Summer Fredrick
Albemarle County Planning
401 McIntire Rd.
Charlottesville, VA 22901
RE: ReStoreNStation
PLEASE FORWARD THIS LETTER TO THE PLANNING COMMISSIONERS AND BOARD MEMBERS.
Dear Ms. Fredrick
I live on a small farm in western Albemarle /Crozet area. I am a retired firefighter, and use my
tractors and equipment to keep the place looking nice for myself and my horses. I love this area, and
like to spend my money close to home. I have seen the plans for the new convenience store to be built
on 250, just west of the high school. I look forward to having a place to buy gas close to home where I
can get my truck and horse trailer safely off the road. I often have to pass the current stations because
haphazard parking leaves the pumps inaccessible . I would also enjoy closer access to off road diesel for
my tractor, so I don't have to pay road tax on fuel being used in my fields. I do not use enough fuel to
justify installing my own larger tanks on the farm. Quite a few of my neighbors are in the same situation.
In the Crozet area, limited competition leads to higher fuel prices when compared to other locales. I look
forward to healthy competition. Capitalism is the American way.
I also noticed the plan has plenty of landscaping along 250, and that the access /egress is limited
which provides a more defined (and therefore safer) approach to the pumps. I do not understand why
the county seems to be making it so hard for a new business to open, especially when it conforms to
existing zoning. I do know that with more choices in Crozet, I will not be driving back and forth to shop
or buy fuel in Charlottesville or Waynesboro as often.
In summary, I ask that you support this new business.
Thank you!
Tina Ryner
Summer Frederick
From: VaDriving @aol.com
Sent: Saturday, April 10, 2010 9:16 AM
To: Wayne Cilimberg; Planning Commission; WriteinSal @aol.com; email @scenicvirg inia.org;
Ipowell @scenicvirginia.org; MLewisNut @aol.com; sarahchiffriller @gmail.com
Cc: Summer Frederick; Bill Fritz; Carla Harris
Subject: Re: RESTORE N' STATION SPECIAL EXCEPTION
THANKS WAYNE,
AS ASST CHIEF COUNSEL FOR LEGISLATION & REGULATIONS FOR 30+ YEARS, U.S. DOT /FHWA , AND
WORKING WITH THE US CONGRESS FOR 5 YEARS I BECAME INTERESTED IN THIS SPECIAL EXCEPTION
HAVING JUST MOVED TO CASTLEWOOD FARM. STOCKTON CREEK RUNS THROUGH OUR FRONT LAWN &
PASTURES AND THROUGH THE ENTIRE 100 ACRES OF THIS FARM. THUS HAVING HORSES NEAR THE CREEK
WE ARE CONCERNED ABOUT WATER QUALITY IN THE AREA - AS WELL AS ANY CHANGE IN THE
CHARACTER OF THE NEIGHBORHOOD I HAVE CHOSEN TO MOVE TO. I WAS SHOCKED TO THINK
ALBEMARLE COUNTY WOULD CONSIDER A SPECIAL EXCEPTION FOR A TRUCK STOP ON THIS HISTORIC,
SCENIC BYWAY ... AND FROM THE WATER QUALITY QUESTIONS AND TRAFFIC IMPACTS IT SEEMS TO BE A
MOST OBJECTIONABLE PROPOSAL. NOT TO MENTION THE ENVIRONMENTAL JUSTICE ASPECTS OF
LOCATING SUCH A FACILITY NEXT TO AN HISTORIC AFRICAN - AMERICAN NEIGHBORHOOD WHOSE HISTORY I
HAVE LEARNED DATES BACK WELL BEFORE 1835 AND PRESUMABLY WAS A HOME FOR FREED VIRGINIA
SLAVES AND THEIR DESCENDENTS WHO STILL OWN THERE ? ??
ALSO, AS A MEMBER OF THE BOARD OF DIRECTORS OF SCENIC VIRGINIA, INC., WHICH SUPPORTS SCENIC
BYWAYS AND WAS INSTRUMENTAL IN GETTING THE FOUR FEDERAL PARKWAYS IN VIRGINIA DESIGNATED
AS ALL AMERICAN PARKWAYS, WE HAVE SOME INTEREST IN THE SCENIC IMPACTS OF A TRUCK STOP ON
SCENIC ROUTE 250 - WHICH ATTRACTED ME AND CAUSED ME TO MOVE TO CROZETIGREENWOOD. I AM
PLEASED TO SERVE ON THE SCENIC VIRGINIA BOARD WITH FORMER ALBERMARLE SUPERVISOR, SALLY
THOMAS, AND I BELIEVE SHE TOO WILL HAVE CONCERNS ABOUT THE SPECIAL EXCEPTION. I AM CC" ING
SALLY AND MEMBERS OF SCENIC VIRGINIA AS WE SURELY WILL HAVE CONCERNS ABOUT THE IMPACTS ON
RT 250, THE ENTRANCE WAY TO THE NATIONALLY KNOWN SKYLINE DRIVE AT 1 -64, EXIT 99, RT 250.
THANK YOU FOR KEEPING ME INFORMED ON THE HEARINGS, ETC.
FRANK CALHOUN
540 -456 -7030
Summer Frederick
From: VaDriving @aol.com
Sent: Monday, May 24, 2010 3:37 AM
To: Planning Commission
Subject: RESTORE N' STATION - RT 250,
ATT: PLANNING COMMISSION & STAFF:
AS A NEW RESIDENT OF GREENWOOD /CROZET, SOON TO BE DESIGNATED AS A VIRGINIA HISTORIC
DISTRICT, WHERE WE HAVE RELOCATED A 2ND HORSE BREEDING FARM FROM AUGUSTA COUNTY, I AM
APPALLED AT THE SIZE AND IMPACTS OF WHAT I UNDERSTAND WILL BE THE LARGEST AND ONLY DIESEL
TRUCK STOP IN ALBEMARLE COUNTY - THIS TOTALLY CHANES THE CHARACTER OF THE NEIGHBORHOOD
TO WHICH WE RELOCATED OUR BREEDING FARM. THIS IS A TOTAL CHANGE OF CHARACTER OF THE
RURAL AREA I HAVE INVESTED IN!
FURTHER, AS AN ATTORNEY WITH 38 YEARS PRACTICING ON CAPITOL HILL, THE CONGRESS AND THE
EXECUTIVE BRANCH, SPECIALIZING IN TRANSPORTION AND ENVIRONMENTAL ISSUES - THIS SPECIAL
PERMIT "REEKS" OF AN ENVIRONMENTAL JUSTICE ISSUE AS WELL A RACIAL INJUSTICE INASMUCH AS IT IS
RELOCATED NEXT TO AN HISTORIC BLACK COMMUNITY! FREE TOWN! IS ALBEMARLE COUNTY PREPARED
TO SEND A MESSAGE TO THE WORLD THAT THIS HISTORIC, SCENIC AREA A FEW MILES FROM FOUR FOUR
ALL - AMERICAN, FEDERAL SCENIC PARKWAYS READY TO EXPLAIN TO THOSE FUTURE RESIDENTS AND
BUSINESSES THAT THIS IS "NOT" THE ALBEMARLE COUNTY PEOPLE SEEK TO RELOCATE TO?
I CAN ASSURE THE PLANNING COMMISSION THAT I AND MY FARM WILL FIGHT THIS IN THE COURTS— THERE
ARE MANY PRO BONO LEGAL GROUPS ACROSS THE U.S. THAT WILL BRING ALL THE LEGAL RESOURCES
THAT WE CAN MUSTER FROM ACROSS THE U.S. TO APPEAL ANY ADVERSE DECISION. AS ONE OF THE
ATTORNEYS WHO DRAFTED THE FEDERAL SCENIC BYWAYS PROGRAM LAWS AND WHO WORKED ON THE
LADY BIRD JOHHSON HIGHWAY BEAUTIFICATION ACT, A BOARD MEMBER OF THE PROMINENT SCENIC
VIRGINIA, INC., NON - PROFIT, FOUNDED WITH SEED MONEY FROM THE GARDEN CLUBS OF VIRGINIA - YOU
ARE SOLICITING LITIGATION THAT ALBERMARLE COUNTY DOES NOT NEED. AT SCENIC VIRGINIA'S BOARD
MEETING LAST WEEK AN UNAMIMOUS RESOLUTION WAS PASSED BY THEIR BOARD TO ADOPT AND VOTE
ON AN EMERGENCY RESOLUTION SPECIFICALLY OPPOSING ANY SPECIAL PERMITS ON SCENIC BYWAY
250. AS AN AFFILIATE OF SCENIC AMERICA, YOU WILL SEE MUCH ADVERSE PUBLICITY IN THEIR NATIONAL
ALERTS - THAT SCENIC BYWAY ROUTE 250 IS ENDANGERED! IS THIS HOW THE PLANNING COMMISSION
AND SUPERVISORS WANT TO ATTRACT DESIRABLE DEVELOPMENT TO HISTORIC ALBEMARLE COUNTY?
ALBEMARLE COUNTY WILL BE MARKED AS A COUNTY IN ONE OF THE MOST SCENIC, SENSITIVE TOURIST
AREAS IN THE U.S. AS "ENDANGERED!"
I SUGGEST THAT THE PLANNING COMMISSION STAFF CONSULT THE VIRGINIA HISTORIC REGISTER AND THE
NATIONAL HISTORIC REGISTER AND MEASURE THE DISTANCE OF THESE GRAND HISTORIC FARMS AND
THEIR DISTANCE FROM THE "GRAND" ALBEMARLE DIESEL TRUCK STOP!
i WOULD APPRECIATE STAFF FORWARDING MY EMAIL TO THE BOARD OF SUPERVISORS AND A CC: TO ME
SO THAT OUR ATTORNEYS WILL KNOW THAT THE BOARD OF SUPERVISORS ARE ALERTED TO THE FACT
THAT VA. AND NATIONAL GROUPS ARE AWARE OF ENVIRONMENTAL, SCENIC AND RACIAL ISSUES
INVOLVED. YES! VIRGINIA WILL GET ATTENTION AND POTENTIAL CORPORATIONS, HORSE OWNERS AND
OTHERS WILL KNOW THAT THEY BEST THINK TWICE BEFORE RELOCATING TO ALBEMARLE, AS I HAVE AT
GREAT EXPENSE. I WOULD APPRECIATE CALLS FROM ANY PLANNING COMMISSION MEMBERS AND
ALBEMARLE COUNTY SUPERVISORS TO DISCUSS THIS SPECIAL EXCEPTION - LEGAL RESOURCES ARE ON
CALL. I WOULD LIKE TO HAVE AN ON -SITE MEETING WITH AS MANY PLANNING COMMISSION MEMBERS AND
SUPERVISORS WHO THINK THAT THIS SHOULD BE AN IMPORTANT CONCERN TO THEM IN THEIR DECISION
MAKING PROCESS. I WILL RELEASE TO THE PRESS THOSE THAT DO NOT RESPOND.
FRANK L. CALHOUN
ATTORNEY, RETIRED
BATTERSEA STUD FARM
CROZET, VA. 540 -456 -7030
Summer Frederick
From: Wayne Cilimberg
Sent: Tuesday, April 27, 2010 10:39 AM
To: Summer Frederick; Bill Fritz
Subject: FW: proposed Re- Store' N Station Special Use Permit
From: Vasiukevicius, Ruta (rov7e) [ mailto :rov7e @eservices.virginia.edu]
Sent: Wednesday, April 21, 2010 1:14 PM
To: Planning Commission
Subject: proposed Re- Store' N Station Special Use Permit
Planning Commission Members,
I would like to add my voice to those who are concerned about the pollution and waste discharge, additional
traffic in a school zone and quantity of proposed water use associated with the proposed project. I strongly
oppose the proposed Re- Store' N Station on the grounds that it is inappropriate for this location in its size,
scale, and proximity to the area schools. I object to the increase in water use from the local aquifer that most
of the area homes rely upon. The noise, air and water pollution will adversely affect the nearby neighborhood
as well as the schools. I am asking you to vote no on the Zoning appeal for this project. I will try to keep up
with the progress of this special use permit on June 1st and June 8th
Thank you for your time and attention.
Ruta Vasiukevicius
Crozet area resident
Summer Frederick
From: Wayne Cilimberg
Sent: Tuesday, April 20, 2010 10:23 AM
To: Summer Frederick; Bill Fritz
Subject: FW: "Re- store'N Station Project
From: esngalloway @gmail.com [mailto:esngalloway @gmail.com] On Behalf Of Eric Nagy
Sent: Tuesday, April 20, 2010 10:15 AM
To: Planning Commission
Subject: "Re- store'N Station Project
20 April 2010
Dear Planning Commission,
I am very concerned about, and strongly object to, the planned "Re- store'N Station Project." The scenic and
communitty based location, direcly adjacent to three schools is a very poor choice for such and significant
project. It will hugely impoact the tone and communitee value of the area in a negetaive way. Apporval of this
project is short sighted and consideres only a narrow economic sector. Please do not continiue with this project.
Sincerely,
Eric Nagy
2323 Whippoorwill Road
Albemarle County
2323 Whippoorwill Road
Charlottesville, VA 22901 -8804
tel: 434 -977 -3 121
eel: 434 -906 -3122
skype: flightofthesandor
Summer Frederick
From: Wayne Cilimberg
Sent: Monday, April 19, 2010 4:59 PM
To: Summer Frederick; Bill Fritz
Subject: FW: Re -Store and Station, a quality of life disaster for our community
From: Margaret Haupt [ mailto :margaret.haupt @gmail.com]
Sent: Monday, April 19, 2010 9:37 AM
To: Planning Commission
Subject: Re -Store and Station, a quality of life disaster for our community
Dear Planning Commission,
I have been a resident of the Batesville /Greenwood community since 1976
and I am very concerned about the size and scale of the proposed Re -Store
and Station Project. I had planned to attend the meeting tomorrow night,
but understand that it will not be on the agenda. .
I will certainly be following the project as it goes through the appeals
process with the Board of Zoning. Route 250 is a scenic and historic road
and an interstate truck stop is not in keeping with the beauty of this area.
In addition there are many other considerations such as the impact on
traffic, the impact on the historic black neighborhood as well as the
concerns about water quality.
Thank you for the hard work you do on the behalf of all of us.
Sincerely yours,
Margaret Haupt
7181 Batesville Road
Afton, Virginia 22920
540 4566596
Summer Frederick
From: Wayne Cilimberg
Sent: Monday, April 19, 2010 12:24 PM
To: Summer Frederick; Bill Fritz
Subject: FW: Say NO to gas station on Rte250
FYI
From: Diana Boven [mailto:dianaboven @gmail.com]
Sent: Monday, April 19, 2010 12:16 PM
To: Planning Commission
Subject: Say NO to gas station on Rte250
Dear Albemarle Planning Commission,
I understand the store and gas station on Rte250 in Crozet won't be on the agenda on April 20th, but I'll be
following the project as it goes through the appeal process with the Board of Zoning Appeals.
I am concerned about having an interstate truck stop on Scenic Route 250. This project is proposed to be sited
right next to three schools and preliminary traffic data indicate that traffic will be increased at least 25% along
that stretch of Route 250.
There are several factors that will negatively impact the quality of life in the region:
increased traffic
water usage
waste discharge
scale of the project on that stretch of road, compared to existing businesses
increased noise
potential runoff from gas and oil leakage from cars
light pollution (esp. if this is a Sheetz which is notorious for excessive lighting)
the devastating impact on the historic neighborhood directly behind the project, including
the impact on their existing wells and their quality of life (particularly if this project is a 24 hour business)
I ask the Albemarle Planning Commission to deny the special use permit.
Concerned Citizen_,
Diana Boven
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Sumrnei ttedrick
Albemarle County Planning
401 Ivlclr.tire Rd.
Charlottesville, VA 2 290 1
RE: RcStoreNStation
Dear Ms. Fredrick
My wife and I have had a property in Ivy on Rt 4250 Wes, :r,r 25 years and I would lwe to write In
support of the proposed ReStoieNStntlon project. Tnere rsre several bara2 prints I would like to make:
41 - I have quite a bit of equipment that i use ou my property and I would like to mention that
having additional conveniences and access t05 fuel in our immediate art ,: would be nu =st beneficial.
9? having lived on RI #250 West in Ivy fo; a number of years, . have never been concc . neu or
bothered by street noise or the aciivii•, a: any of the bti- riesses in v,, Ce•tte tivh :_ is ;wite near my
property.
43- 1 have seen the site plat for the project and I have noted that i is well iandscaoec: along 250
and i; extremely well designed with Proper access Plec! %e considerjusi ':ow important ,his to note
given the area ?ingly unregulated ano unccnrrolled situation yogi currenti nave 0 i'hin Ivy Center.
1.uesnon Have you ever seen the chaotic traffic movers -w at tli- lay Cornei Nu the C.1- i.•,t
Office, the Toddsberr; Convenience Store, and Ivy [repot Road at it:. intersectio : r,ith Rt #251 /?
Oeariy we nee.: better designed anal safer conveniences elcng Rt4250 +r"•. +est to alleviate some r the
pressure on these grandfathered snuauorr; that apparnnhy ca =, not b changed or regulated. A.
designed and improved type of fuel and convenience stop would tt ever ,erve as a model ,shat,
future renovations and rnanges are plaw t.-rt for the nx sting hUsinesses.
Than!: you for almwing the an opoonnnity to ujmjort this prolec: and i hope you wil; lend my
contents and observations helpful as you :miside the anoroval of tnis piutec - ,.
mcerely,
Summer Frederick
From: Wayne Cilimberg
Sent: Tuesday, June 01, 2010 10:09 AM
To: Summer Frederick; Bill Fritz
Subject: FW: Proposed Truck Stop near WAHS
From: Heather Marcel [mailto:haminga @yahoo.com]
Sent: Saturday, May 22, 2010 5:03 PM
To: Planning Commission
Cc: Ann Mallek
Subject: Proposed Truck Stop near WAHS
I am writing to urge you to deny the application for special use permit for the proposed truck stop near Western
High, Henley Nfiddle and Brownsville Elementary Schools. This is already a congested area where mangy-, mane kids
WALK to the different schools. Will we want our kids walking to school with (a) mane trucks and (b) unknown
truck drivers with unknown backgrounds RIGHT by the schools:' This seems foolish to me that you would even
consider this.
As I understand it, it is going, to be the 2nd biggest truck stop in the County. Put that nest to the 2nd biggest
elementary school in the Count= - I ask you - does that make sense:' We don't let child predators Live widen a
certain mile radius to a school - why would we put random transient strangers right next doom
Thank you for your consideration.
Heather N'larcel
fom of two, ages 4 and 6
1062 Old Fos Trail Lane
Crozet, N'A 22932
Summer Frederick
From: Wayne Cilimberg
Sent: Tuesday, June 01, 2010 10:10 AM
To: Summer Frederick; Bill Fritz
Subject: FW: Proposed truck stop off Crozet exit of 64
From: Theresa Ortega [mailto:taortega @comcast.net]
Sent: Saturday, May 22, 2010 6:05 PM
To: Planning Commission
Subject: Proposed truck stop off Crozet exit of 64
As a parent of a Brownsville Elementary School student, I urge you not to approve the special use application for
the proposed truck stop (Restore 'N Station) near WAHS, Henley and Brownsville. We do not need this type of
increase in traffic so near out schools and on our already congested road wags.
Thank you,
Theresa Ortega
Summer Frederick
From: Wayne Cilimberg
Sent: Tuesday, June 01, 2010 10:10 AM
To: Summer Frederick; Bill Fritz
Subject: FW: Do not approve Crozet truck stop proposal
From: denise.pinto @live.com [mailto:denise.pinto @live.com]
Sent: Sunday, May 23, 2010 3:37 PM
To: Planning Commission
Cc: Ann Mallek; Ron Higgins
Subject: Do not approve Crozet truck stop proposal
Please do not approve the use application for the proposed truck stop (Restore 'N Station) near
WAHS, Henley and Brownsville. There is no need to have a truck stop so close to the schools causing
increased congestion & potential safety issues for our children.
Denise Pinto
Summer Frederick
From: Joanne Meier Dmeier @ericmeier.net]
Sent: Monday, May 24, 2010 6:20 AM
To: Planning Commission
Cc: Ann Mallek; Ron Higgins
Subject: Proposed truck stop near our schools - No!
Hello,
Please DO NOT approve the special use application for the proposed truck stop near the Western feeder
pattern schools.
250 is already busy enough, we do not need more vehicles, especially tractor trailers competing for road
space. The trucks are noisy and create more pollution. I'm also concerned about what this proposed truck stop
will do for our property values in Crozet. Perhaps my main concern is the amount of transient traffic coming
through our wonderful, small town, especially so close to our schools.
This is NOT the type of business development we want here in Crozet. Please vote NO to the special use
application before you.
Sincerely and respectfully,
Joanne Meier
Crozet resident,
President, Brownsville PTO