Under the neon lights, gas pumps and sandwich counter at the Davis Store in Fairfax Station, a country store and hitching post remain from days gone by. Years of zoning fights and rulings have led to the latest decision by the Board of Zoning Appeals (BZA). The store, owned by Donald E. Crump, will remain zoned as a retail/general store instead of a gas station.
Twenty-two witnesses testified to get the zoning designation changed at the BZA hearing Tuesday, March 18.
"I rule that the use determination of the zoning administration be upheld," vice chairman Paul Hammack said, after the board voted unanimously in favor of keeping the store's "retail/general store" designation.
According to Hammack, the appellants, who were banded under the "Coalition for Rural Conservation," didn't act in a timely manor. The coalition wanted the complex designated as a gas station, which would require further environmental restraints and special exception permits before adding any additions. The store management felt it had followed the rules all along.
"They missed a series of deadlines," Hammack said, of the coalition's appeal efforts.
Edie Clark was a driving force in the coalition.
"Now we have a major gas station in the middle of an environmentally sensitive area," she said.
When it came time for her two minutes in front of the board, it was the extra vehicles, commercial trucks, past notices of violation and 30,000 gallons of gas in underground storage tanks behind her case. Although Clark described herself as not anti-business, she felt that the guidelines weren't followed.
"I drive by it every day. I moved here in 2000 to have a convenience store," Clark said, stressing the nursery building, "which he went ahead and built with no permits," is now part of the complex.
Mac Arnold was the attorney for the coalition. At one point, there was a lawsuit against the coalition for defamation and conspiring to harm a business. Most of those charges were dismissed except two defamation charges, which will be heard on March 20
"Our goal is to be vigilant about any issue that would affect the quality of life in the Occoquan Watershed area," Arnold said of his efforts.
Wilhemenia Cooke felt that the store did affect her quality of life.
"The Davis Store looks like any 7-Elevens which also sell gas, or any other service station or mini mart. It certainly is no longer a country store that sells general merchandise," she said.
To Patsy DuPre, it was also a quality-of-life issue.
"Currently I look out my window at a lit awning and gas pumps, which was not what I was told when I purchased my home," she said.
SHIRLEY DAVIS attended the meeting, but due to her age, she had Ray Gaylor address the board. Gaylor was a former owner of the Davis store from 1985-88.
"She supports the store the way it is. She likes progress, and I like progress," Gaylor said.
Former chairman of the Fairfax County Board of Supervisors Jack Herrity spoke in favor of the coalition. The Davis Store was one of his concerns at the Board of Supervisors back in the 1980s.
"In 1982, this was the Davis General Store, if anybody can suggest what is there now can preserve the semi-rural atmosphere - it's the most garish thing I've seen in my life," he said.
Clark mentioned "a special exemption granted by the area supervisor" and other supervisor involvement such as "only after phone calls from Bill Shoup to [Supervisor] Elaine McConnell's [R-Springfield] staff was Crump persuaded to stop garaging commercial vehicles at his Shell Station."
Linda Clary is a Republican candidate running against McConnell for the Springfield supervisor’s office in November. She lives in the Fairfax Station community and has been involved with the Davis store issue for years.
"This is a homeowners issue, and it's my neighborhood. The reason it got the zoning, Elaine McConnell is actively involved with supporting the Crumps," Clary said.
McConnell said that she does not get involved in zoning issues.
"They had to go before the BZA, never the Board of Supervisors," McConnell said. "My office could never have been involved because it's zoning."
Hammack pointed to 15.2-2311 in the Code of Virginia about the appeals procedure as a basis for the final decision.
Ken Sanders was the attorney hired by the Crumps. In his closing arguments, he pointed out "incorrect and inaccurate facts" stated by the speakers, and the C-5 zoning, which allows this type of operation.
"C-5 is neighborhood commercial, C-5 means you can sell anything you want. C-5 means you can cover it with lights if they meet the lighting ordinance," he said.
Clark and other members of the coalition will regroup and evaluate their options. After the meeting, she took a deep breath.
"I just feel sick. This is our tax dollars at work," Clark said afterward.