Sunday, January 11, 2009
Blacksburg's fight against a big-box store continues
New River Forum
Imagine a room in the municipal building of a small town. It is bulging at the seams with all seats filled and people spilling out into the lobby. A buzz of excitement fills the air. Some people are angry and indignant. Others wring their hands nervously.
This group includes a broad range of people who live in this small town: old and young, conservative and liberal, church-going and atheist, small business owners, professors, students, retirees, hippies, professionals and families with children.
But at this meeting they are simply a group of citizens united in their concern about the future of their hometown. This is small-town America at its finest, practicing democracy. This is a Blacksburg Town Council meeting.
For many of these citizens, this is their first time attending and speaking to council.
The attendees represent a small fraction of more than 3,500 people who signed a written petition supporting the ordinance to be voted on that night. Far from being a vocal minority, this is more than the number of people who voted for mayor in the last local elections.
I remember looking around in awe at the swarm of people who came to speak at the public hearing. I was overwhelmed with pride in this community of which I had become a part over the past seven years. This was Blacksburg in May 2007. This was my hometown.
The issue at hand that night was actually pretty mundane. It was an ordinance requiring a special use permit for retail establishments larger than 80,000 square feet. The ordinance would be a tool for regulating developments such as the proposed Phase 2 of First & Main. Phase 2 consists of a massive 186,000 square foot big-box store, which all evidence suggests is a Wal-Mart Supercenter.
The majority of people who spoke at the public hearing -- 81 percent of 104 speakers -- I kept a tally as people spoke were in favor of passing the ordinance and against the planned big box.
Some opposed Wal-Mart, period. Others shopped at Wal-Mart, but were concerned about a bog-box store -- which would attract roughly 10,000 vehicles per day -- next to their elementary school. Still others were opposed to the development for ethical reasons, saying it was based on a deceptive rezoning application. All were convinced the project was bad for the surrounding neighborhoods and the town.
After five tedious hours of continuous public comment, the citizens rejoiced and hugged each other. As a result of their efforts, Ordinance 1450 passed unanimously. Stores larger than 80,000 square feet would be subject to the more stringent public scrutiny they deserve. It was a minor victory and the first step in a long, ongoing battle.
These events took place more than a year ago. Since then, the developers have used our legal system in an effort to bypass the new law. After the Board of Zoning Appeals and circuit court ruled in the developers' favor, many thought the fight was over.
It is far from over. In fact, the court battle is more consequential than many might realize. Our little Blacksburg drama will serve as a landmark case for the state of Virginia. Other localities are paying attention.
On Thursday, the Virginia Supreme Court will hear our case. Three organizations -- Local Government Attorneys of Virginia, the Virginia Municipal League (representing Virginia town and city governments) and the Virginia Association of Counties -- filed a brief asking the court to overturn the lower court's decision. At the heart of this case is the ability of local governments to effectively change their zoning laws when the need arises.
I remember when I used to feel helpless as I watched the land around me get carved up into strip malls and Wal-Marts, while our locally-owned businesses slowly got squeezed out. Over the past year, I have learned first-hand that it does not have to be this way.
I have been inspired by the citizens and elected officials who continue to dedicate their time and energy fighting this case to preserve the town's character and quality of life. These folks have brought local meaning to Margaret Mead's old adage "Never doubt that a small group of thoughtful, committed citizens can change the world. Indeed, it's the only thing that ever has."
The outcome of this Supreme Court case may have far-reaching effects, whether you live in Blacksburg or another locality in Virginia. I encourage you to stay tuned, and stay involved.
Lori Blanc lives in Blacksburg and a member of Blacksburg United for Responsible Growth (www.bburg.org).






