Redefining Convenience Store may aid new truck stop at Exit 162

A proposal to change the county code to redefine Convenience Stores, add a “Convenience Stores, Highway,” and add an electric charging station definition moved forward to the Botetourt Planning Commission after the Board of Supervisors at the December 21, 2021 meeting agreed to allow the proposed text amendment changes to go through the process.

The supervisors tabled the proposed code changes at the November meeting after learning that Buchanan Crossing, LLC and Kourtney P. Hurd were asking for amendments to create a new use category in the zoning code. Information provided in November indicated the proposal was aimed at a truck-stop like development that called for 57 slots for tractor trailer use. A zoning official also said the property in question was near Exit 162 off of Interstate 81.

The proposal moving forward would change the current definition of Convenience Store under County Code Section 25-601 and broaden it significantly. Currently, a convenience store is considered to be a “retail establishment offering for sale a relatively limited secti0n of prepackaged food products, household items, and other related goods, including fuel sales. . . “

The new proposal would call a Convenience Store “any establishment primarily engaged in retailing a limited line of goods . . . [and] may also include self-service auto-fuel (including gasoline, auto-diesel, flex-fuel and other petroleum products), electric vehicle charging states, car washes, restaurant, drive-in and provide indoor and outdoor seating. . . . [it] shall not provide high-flow commercial diesel dispensing or on-site parking spaces designed for commercial trucks and buses.

An additional definition of Convenience Store, highway, would be a “Convenience store that also engages in the retailing of high-flow commercial diesel dispensing and may also provide on-site parking spaces designed for commercial trucks and buses.”

A supplemental “use regulation” for Convenience Store, highway would also define the category as a use located within a ½ mile radius of an Interstate I-81 interchange, a use located on a lot with a minimum of 10 acres, and high-flow commercial diesel dispensers and parking spaces would not be located within the front yard of the establishment.

Additionally, a new definition for Electric vehicle charging station, public, which would be a retail charging station provided for public use.

Parking requirements for each category would be defined under proposed County Code Section 25-473.

The proposed code changes would then add by right the Electric Vehicle Charging Station to any Business District (B-2) establishment (Section 25-242), and require a special exception permit for any Convenience store, highway establishment in a B-2 District.

While the supervisors agreed to move the proposed changes forward to the Planning Commission for review, they did so with reservations. Fincastle District Supervisor Richard Bailey and Amsterdam District Supervisor Steve Clinton both expressed concern about the proposed changes. They were interested in allowing the electric charging stations to move forward but suggested that should be a separate item and removed from the additional text amendment changes.

Bailey noted that Shopping Center Districts allow all B-2 establishments by right, which means Shopping Center Districts could also have the electric charging stations by right.

“The whole concept sounds intimidating,” Clinton said. “Ten acres is a pretty big deal. Would it forever condemn [Exit] 162 to not be something nicer?”

He was also interested in seeing a proposal of the plans for Exit 162, but Zoning Administrator Drew Pearson said no such concept plan exists yet.

Buchanan District Supervisor Amy White was concerned about environmental impact, noting that there is a creek near Exit 162 off of I-81.  “We don’t want to miss an opportunity,” she said, “but we do need a lot more information.”

Pearson said details about the specific project would be brought forth during the Special Exception Permit (SEP) process, which would occur if the text amendments were approved. He noted that a traffic study at Exit 162 would also have to take place and there was a possibility of a traffic signal need, so a traffic impact analysis would be undertaken prior to issuance of any SEP for such an intensive use project.

White made the motion to move the proposed text amendments forward for review and public hearing. The Supervisors approved the motion unanimously.

                                                                        — Anita Firebaugh, Special to the Botetourt Bee