Whether El Paso County allows developers to go ahead with contentious plans for a second Colorado Buc-ee’s may come down to definitions.

In a letter submitted this week, Buc-ee’s EPCO LLC asked the county to designate its use of land for a Buc-ee’s as a convenience store — not a gas station.

“The proposed Buc-ee’s will offer a broad range of convenience-oriented goods commonly associated with convenience stores, including groceries, ready-to-eat foods, beverages, over-the-counter medicines, household sundries, and general retail merchandise. The proposed convenience store will also include retail petroleum fuel sales,” the letter reads.

The distinction matters, since the zoning on the land where Buc-ee’s wants to build will allow one but not the other. Land zoning limits how land can be used — for example, a heavy industrial plant often cannot be built in the same place as a neighborhood of single-family homes. In El Paso County, dozens of use types are defined, and different zones allow different uses.

The parcel at the corner of County Line Road and Interstate 25 where Buc-ee’s wants to build is zoned C-1, an “obsolete” zone type. According to the latest version of the county’s Land Development Code, C-1 allows a wide variety of uses, such as shopping centers, funeral homes, bars, kennels — even billiard parlors. A convenience store or something close enough to it is allowed, but a gas station or truck stop is not.

So what is Buc-ee’s? Definitely not a truck stop, the company would contend. The brand is vocal about not catering to commercial truck traffic and has a policy against 18-wheelers.

At a proposed 74,000 square feet, the new location would dwarf most truck stops. The recently built Love’s Travel Stops locations have been in the range of 9,000 to 14,000 feet. A flagship Pilot location opened in Tennessee last year — the company’s largest — is 20,000 square feet.

What about a gas station? The company that filed on behalf of Buc-ee’s argues that fuel sales are incidental to its function as a convenience store.

“Fuel sales for passenger vehicles will operate as an integrated component of the overall convenience retail operation,” the letter says.

Fuel would flow at the newest Buc-ee’s, and in large quantities. The company’s first Colorado location has 116 gas pumps, which puts the location close to the world record (held by another Buc-ee’s).

In its letter, Buc-ee’s developers contend that the absence of other gas station amenities like vehicle repair, oil changes and a car wash pushes the project more toward the convenience store category.

The company said the new location would have “community-serving amenities” like a bicycle plaza, EV charging and open space. The letter also argues that Buc-ee’s could be a temporary refuge in the event of a community emergency, and would, in general, provide “goods for sale to the neighborhood in which it is located.”

That Buc-ee’s would be located along a major interstate travel corridor is a feature, not a bug, the company argues.

“To the contrary, the Code’s definition of ‘Neighborhood’ recognizes that the surrounding roadway network helps define the area and is a critical component of its functional structure,” the letter reads.

Some opponents of Buc-ee’s are not buying the reasoning, citing the project’s size and interstate tourist appeal.

“This type of industrial-scale development is fundamentally incompatible
with the Palmer Divide’s rural, pastoral setting and with the values and expectations of residents who intentionally chose to live in a quiet, low-density environment,” reads a letter submitted to the county from Kenwood and Kelly Bryant.

Meggan Herington, the county’s Planning and Community Development director, has two weeks to write a response to the company’s request. Herington can also refer the decision to the El Paso County commissioners. The decision is technically administrative, which means it doesn’t require a public hearing.

If the county agrees with Buc-ee’s, it may smooth the way for development since the company would not need a change to or exemption from the land’s zoning. Any building plans would still need to go through the county’s separate approval process.

“This is not an approval of Buc-ee’s, and it is not an approval to build,” the county’s information page reads.