Wednesday, August 01, 2007Zoning board overturns decisionThe vote may clear the way for a big-box store off South Main Street in Blacksburg.BLACKSBURG -- The Blacksburg Board of Zoning Appeals dealt a major blow Tuesday to the opponents of a big-box retail store, such as a Wal-Mart, planned for a site off South Main Street. On a unanimous vote the board reversed town zoning administrator Steve Hundley's earlier ruling that the development would be subject to the recently adopted Ordinance 1450. That ordinance requires a town council-approved special-use permit for retail buildings larger than 80,000 square feet. "The town screwed up. The owners screwed up. And the citizens got screwed," zoning board member Isabel Berney pronounced before voting to overturn Hundley's ruling. The board's decision may clear the way for Fairmount Properties of Ohio and local landowners Diversified Investors LLC and Llamas LLC to build a 186,000-square-foot retail store on land behind the Gables Shopping Center. The proposed store is widely thought to be a Wal-Mart Supercenter. Berney went on to question the wisdom of the council's 2006 decision to rezone the site of the proposed big-box store from residential to general commercial. She said that decision left surrounding neighborhoods and the adjacent Margaret Beeks Elementary School unprotected. Hundley had ruled in June that the 2006 rezoning -- including proffers of a public trail and street improvements coupled with nearly $1 million in engineering and other costs already spent on the project -- did not "vest" the developers' rights to build the project under state law. The board, after reading the pertinent state code section aloud several times, reversed Hundley's decision. Not only were the developers' rights vested, the board ruled, the state code also bars the council from applying retroactive zoning ordinances to Fairmount's project. The board is a legal entity, appointed by the circuit court, and its decisions bear the weight of law. "We're obviously disappointed," said Daniel Breslau, steering committee chairman for Blacksburg United for Responsible Growth, a grass-roots citizen advocacy group known as BURG. BURG members worked for months gathering signatures and holding public demonstrations to persuade the council to approve Ordinance 1450, which the council did unanimously in May. BURG strongly opposes any big-box store on the South Main site. During the board's deliberations, BURG member Meredith Hampton could be heard discussing the possibility of the group filing an appeal. Breslau said later that BURG would consult with its Richmond-based attorney to decide on its next step. Jim Cowan, an attorney for Fairmount, said he does not believe BURG has legal standing to file a court appeal. He also said Fairmount and partners "look forward to bringing what we think is a great project to Blacksburg." The council, however, does have standing to appeal to the Montgomery County Circuit Court within 30 days. Town Attorney Larry Spencer said he would confer with the council about its options. Blacksburg Mayor Ron Rordam could not be reached for comment Tuesday evening. The ruling does not, however, strike down Ordinance 1450, Spencer said. Future developments will be subject to the ordinance as long as it remains part of the town code. |
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