Blacksburg board says big box site can move forward

Developers hoping to build a large retail center near South Main Street, which is rumored to be a Wal-Mart SuperCenter, were told they would need special permission to begin construction because their plan is larger than 80,000 square feet.

Tuesday night, they were told otherwise.

The Blacksburg Board of Zoning Appeals voted unanimously, five to zero, that the developer need not face ordinance 1450 passed May 30, since developer Fairmount Properties began planning and approving their project before the new policy was adopted.

The decision goes against the opinion of zoning administrator Steve Hundley of the Blacksburg Planning and Engineering Dept., who said the developer must face the ordinance and gain a special-use permit to build the retail site.

Ordinance 1450, passed May 30 amidst much controversy from both sides, requires new projects or expansions larger than 80,000 square feet to gain special permission before moving forward.

Many, including members of Citizens Against Ordinance 1450, felt the policy was unfairly targeted at “big box” stores. Members said businesses should be welcome in Blacksburg, to meet consumer needs and grow the town economically.

Others, including members of Blacksburg United for Responsible Growth, or BURG, said Blacksburg should have more control over proposed development projects. Many were worried about potential traffic on Country Club Drive, the safety of Margaret Beeks elementary school next to the proposed site and the ability of small businesses in town to compete.

The site would be 186,000 square feet, to be constructed behind the Gables Shopping Center where Kroger is housed, next to Country Club Drive and South Main Street.

The developer, Fairmount Properties, LLC based on Ohio, and land owners Llamas, LLC and Diversified Investors XIII, had filed suit with Montgomery County Circuit Court against the town of Blacksburg, claiming they had a right to build their property as planned, despite what they were told by the town.

The Circuit Court ruled the developer hadn’t exhausted all other options before filing their law suit. The developer was then brought to the town Board of Zoning Appeals, who decided in Fairmount’s favor.

Tuesday’s decision could be subject to appeals by the Town of Blacksburg, said zoning board member Joanne Anderson, so their vote may or may not be the final go for Fairmount to build.

“All five of us felt that the facts did not support the zoning administrator’s determination. The facts support the argument of the developer,” said Board of Zoning Appeals member Isabel Berney.

“The town had accepted their offer and had zoned it, and that is a significant governmental act. Once they make that significant governmental act they can’t retroactively go back and change the rules,” Berney said.

Lewis Barnett, another board member, explained that a similar development controversy occurred in Suffolk, in which the Virginia Supreme Court made a ruling on the same kind of issue.

“The Supreme Court of Virginia heard an appeal by a developer, for development that had been granted by the city of Suffolk, and at the last minute, after they had spent several years on it, they were told they couldn’t develop it as they had approved it. That was the case on which, in my opinion, the case in Blacksburg hinged,” Barnett said.

“They couldn’t change the rules midstream, so to speak.”

Some students agree with opponents of the new retail site, saying a large store could cause congestion in town.

“It doesn’t make sense to build a Wal-Mart here because there’s one ten miles down the road. It would clog up Main Street,” said Katy Maitland, a 2007 Tech alumna.

Senior history major Dustin Harris says that since a large student population lives in Blacksburg, retail stores in town could be helpful.

“It would be more convenient to have something closer, than having to drive to Christiansburg to go to a Wal-Mart or Target,” Harris said.

“I could see how they would take away business from local stories, but there’s a lot of things that Wal-Mart or Target have, that local stores don’t.”