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Updated: 6:26 PM Aug 27, 2010
Update: Planning Chief Reverses Decision on Proposed Crozet Gas Station
Albemarle County planner Ron Higgins has reversed an earlier decision that would not have required a special use permit for the proposed Restore 'N Station in Crozet. Higgins now says the permit would be needed before construction can begin.
Posted: 6:29 PM Aug 24, 2010Reporter: Bianca Spinosa Email Address: bianca.spinosa@newsplex.com |
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3 Comments 
August 27, 2010
Opponents of a proposed gas station in Crozet can claim a small victory.
The Restore 'N Station would be one of the largest gas stations in Albemarle County. Developers want to build it on vacant land near the intersection of Route 250 and Interstate 64.
Earlier this week, Ron Higgins, Albemarle County head of planning, indicated the project wouldn't need a special use permit because of its projected water consumption.
Now, the county is reversing course. Higgins says after consulting with county attorneys it's been determined that the project does need the special use permit.
That decision could slow down or block the project completely.
The document indicating the reversal is attached to this story.
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August 24, 2010
The debate over a controversial gas station proposed near Crozet could get messier.
The Head of Zoning in Albemarle County, Ron Higgins, is facing allegations that he trumped the power of the Board of Supervisors. Water usage at the proposed gas station, Re-Store 'N' Station, is what's fueling the fire.
The Zobrist Law Group is threatening to sue Albemarle County and Albemarle County Staff.
In a letter addressed to the Board of Supervisors, the law group alleges that the head of zoning made a decision before consulting the board. Richard Brown lives near the site, and has fought Re-Store-'N'- Station for years.
"It's a game," Brown says.
Higgins determined in writing on August 19th that water usage on the land where the large gas station would be built wouldn't need a special use permit, effectively determining that Re-Store 'N' Station could go ahead with construction, because the project would use less than 400 gallons of water per site acre per day.
"They're gonna put a station up there and use 400 gallons of water? That is ridiculous," says Brown.
Just last June, the Albemarle County Planning Commission agreed with Brown and dozens of other concerned Crozet residents about water usage issues on the site.
Brown can't believe that one recommendation from staff overrides all that effort.
"This letter is very sneaky, because no one that was at the meetings was there," says Brown.
The Head of Zoning says he's being represented by the Albemarle County Attorney's Office, who didn't return our calls Tuesday. Higgins tells CBS19, however, that he didn't do anything wrong, and that the letter was part of his job.
Higgins issued this apology to the citizens of Crozet and CCAC members at Tuesday night's board meeting:
First, as Elaine indicated, I am writing to apologize for any perception that we were trying to keep any actions regarding the Re-Store N’ Station project from anyone who has expressed interest. There was a misconception on our part that more people were aware of the recent new proposal and request for new determination from the applicants of the Re-Store N’ Station project. I feel very bad about folks who may have felt blind-sided by the Determination last Thursday.
Secondly, we have discussed that August 19, 2010 determination at length with the County Attorney who has raised a number of issues with it. Therefore we are working with them to re-examine the determination and any revision that might be warranted will be released in the next week, at the latest. We will keep everyone informed about this and will share it as soon as it is completed. Our desire is to make this as clear, defensible and enforceable as we can.
Thank you all for your understanding and patience on this complicated project and issue.
The Chair of the Board of Supervisors, Ann Mallek, tells CBS19 that she will wait until the next Board meeting on September 1 before commenting on the allegations, and the letter addressed to the Board.
Latest Comments
He is not related. Mr. Higgins is a good man and is just trying to do his job. If he was given the 400 gallon figure, he had to use it unless someone can prove it wrong. I think they will re-examine the matter and issue a revised ruling.
Crozetian - I had the same thought. Regardless, he DOES seem determined to get this passed.
So one wonders if Ron Higgins is related to Jo Higgins, the applicant for this proposed project?
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