A recent development in the ongoing dispute between Blacksburg's town council and real estate developers over the First and Main project on South Main Street may result in a new Sonic drive-in restaurant on site after all.
The council voted yesterday on a new resolution that may allow the once-rejected business to begin construction in order to avoid lengthy and costly litigation compounding the already long-running dispute with Ohio-based developer Fairmount Properties.
The resolution revealed the companies have "stated their desire to submit a revised application for a special use permit with revised conditions that address concerns."
"The Town does not object to considering a revised application with revised conditions given the expense and uncertainty of the pending litigation," the resolution states.
A 4-3 June vote originally struck down the special-use permit requested by Sonic in order to comply with Blacksburg regulations specifically dealing with drive-in restaurants.
In July, Fairmount Properties and Sonic filed a joint lawsuit against Blacksburg calling the decision "arbitrary, capricious and unfair," and alleging that the council's actions were discriminatory and an act of "political retribution."
Residents and council members criticized Sonic's first plan for its lack of sidewalks, crosswalks and other pedestrian amenities.
There were also concerns about noise from outdoor speakers and the pollution generated by cars idling at the drive-in.
The property in question is commercially zoned and is in the town's general commercial district. The lot abuts U.S. Highway 460 and is designated for high-impact development. The land on all sides is developed or currently under development for commercial use.
Council member Paul Lancaster said the property had been specifically set aside for such development.
"If a drive-in restaurant is not appropriate there, it's not appropriate anywhere in Blacksburg," Lancaster said.
Fast food establishments are by right permitted by the Blacksburg zoning code.
Drive-in restaurants, however, must seek a special-use building permit to begin construction.
The resolution will not grant Sonic permission to build. However it allows Blacksburg attorney Larry Spencer to pursue a court order directing the council to consider an amended application for the Sonic project. Without a court order, Sonic would have to wait a year before resubmitting its application, Spencer
said.
Sonic can then resubmit its application through the town's standard public-hearing process -- with no guarantee the council will approve the amended Sonic plan. It could be voted down a second time, Spencer said.
In August, attorneys involved in the case of the First and Main big-box store widely thought to be a Wal-Mart Supercenter said the court would likely grant two appeals seeking to block construction of a 186,000-square-foot store.
A writ panel -- which convenes several times a year to consider which appeals filed to the state's highest court, will be accepted - considered both appeals Wednesday. According to Spencer, Kennan said both would likely be
granted.
Blacksburg Town Council has been fighting in court to empower itself through legislation to block current and future big-box developments in town.
The council has lost this argument before its own Board of Zoning Appeals and in Montgomery County Circuit Court. Both bodies have ruled Fairmount has a right to build without further interference.
Members of the local grassroots smart-growth group, Blacksburg United for Responsible Growth, filed their own appeal in the case hoping to block the big-box
store.
BURG has decided to use $17,000 in donations to finance 21 Blacksburg residents -- mostly owners of property near the South Main site -- who filed suit to overturn the Blacksburg Board of Zoning Appeals decision.
Under Phase One of the development plan, Ohio developer Fairmount Properties and its local partners, Llamas and Diversified Investors, plan to build retail store sites, several restaurants and a movie theater.
The thus far unscheduled Phase Two will include construction of the as-yet unnamed big-box retail store.
"Anderson and Associates (the developers' engineering contractor) has not filed plans yet for Phase Two," said Anne McClung, Blacksburg's planning and building director.
The town has so far spent $147,000 on legal fees fighting the big-box store, including a pending request for an appeal to the Virginia Supreme Court.
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21 vs. 41,000...I'd say the odds are fairly stacked that just about everyone in town, save the few, are happy to see easy, convenient, low-travel required (I can even walk there!) retail, dining and movies! Am soooooooooooooooo thrilled to see the place open.
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There is easy, convenient, low-travel required right down the road in Christiansburg - all the shopping and big boxes you could want. Not to mention that the recent addition of the bypass has made those stores even more convenient - for much of my time at Tech we had only US460 Business to travel on and we managed just fine. A pedestrian friendly shopping area with a movie theater and dining is one thing - a Walmart or other big box is another completely! Part of Blacksburg's charm is the small town atmosphere, and I hate to see that progress is moving so fast that that atmosphere is being disregarded...
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i hate having to drive to the walmart in cburg. they should put one on south main and one on north main so i can go to the one i'm closest to at the time.
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With regard to Anonymous, Sept. 12: The last time I checked it's rather difficult to walk to Christiansburg from Blacksburg. I'm not endorsing Wal Mart - I can't stand it and I won't shop there - I will (and already have) shopped at First and Main and look forward to the other stores opening in the coming months. And for all of the doom + gloomers out there - it just isn't the horrid disaster that the vocal few have predicted - traffic flow is as normal as ever, the landscaped addition is already 100% better than the previous dumps that lined South Main and in fact, they make surrounding businesses look extra-dumpy with the exception of a few. Now the pressure is on for business owners to spruce it up a bit - which is fine by me. And for those in nice shape, such as Annie Kay Whole Foods and Imagination Station Toys, once First and Main is fully opened I suspect you'll see their business increase considerably as more shoppers discover the retail offerings.
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Why is Blacksburg allowed to pick and choose big boxes? Kroger is building a HUGE big box right next to the debated site. Did Kroger pay bribes? Do boardmembers own stock in Kroger? Given that Kroger is overpriced for the mediocre quality, you have to wonder why anyone would approve a Big Box Kroger, while rejecting a Big Box Walmart or Costco.
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