Latest News
Zoning Ordinance Public MeetingThe Town of Blacksburg is in the beginning stages of amendments to the Town Zoning Ordinance. There will be a public meeting on Wednesday, September 3 at 7PM in the Police Department Training Room, 200 Clay Street for citizen input to help identify zoning issues that are of interest to the community. For more information on the meeting please call 961-1126. If you are unable to attend, please send your written comments to the Planning and Building Department, PO Box 90003, 300 South Main Street, Blacksburg, VA 24062 |
Supreme Court to hear oral arguments on Aug. 27The Virginia Supreme Court has scheduled oral arguments on the petitions filed by BURG and by the Town of Blacksburg, appealing the decision of Circuit Court Judge Bobby Turk. On January 24th, 2008, Judge Turk ruled that the developers of "First & Main" had vested rights, giving them immunity from the provision of Blacksburg Ordinance 1450. Both BURG, on behalf of 20 residents of Blacksburg who live close to the disputed site, and the Town of Blacksburg appealed Turk's decision. On August 27, the Supreme Court will hear oral arguments on those appeals. Both parties will have ten minutes to present their cases, in addition to the written petitions that both have filed. The court will then decide, probably within a few weeks, whether to accept the appeal, and will then set a date for a hearing. |
Red, White, Blue, and Green on the 4th! Join the BURG contingent in the Blacksburg 4th of July parade. We need as many marchers as possible. Wear your green BURG shirt or anything green and let's show our pride to be working for the town's future. The line up is at 1:30 PM on the 4th, next to the Old Middle School on Eheart St. If you can join us, or for more details, call Mark Barbour, 230-7897. |
Does Blacksburg really need a Sonic Drive-in on Main Street? On June 10, Town Council will hold a public hearing and vote on an application for a special use permit to build a Sonic Drive-in as part of the "First and Main" development. The drive-in restaurant is a relic of mid-20th century car culture. It is one of the most car-intensive uses of space, creating a forbidding environment for pedestrians and bikes. It is a powerful generator of noise, light, air pollution, as well as traffic. Blacksburg United for Responsible Growth urges Town Council to deny this application. And we urge all concerned citizens to attend the public hearing and tell Town Council why the Sonic represents anything but responsible growth. Read BURG's position on the Sonic Special Use Permit application. Read the full application. |
5/2/08 We have some new documents online from Don Langrehr's presentation at our community meeting on April 27. Don is preparing a more extensive document of his ideas for new development guidelines, but here are the slides from his talk. Also, we have a map of the current development projects in town. There are 34 current construction projects, and more to come. The town is growing, and the May 6 election will decide the makeup of the Town Council that will work to channel that growth in a way that serves the citizens. It is a critical election. |
4/15/08 If you didn't get to the "candidate conversation," you can still watch them online. This is a great opportunity to compare the five Town Council Candidates. |
4/7/08 Three more candidate conversations this week. Citizens First is presenting public conversations with each of the five candidates for Blacksburg Town Council. Last week, we heard from Mary Holliman and Derek Myers. The last three candidates will appear this week as follows: April 7 (Monday) Leslie Hager-Smith Each event will take place at the Blacksburg Middle School on Prices Fork Road, from 7:00 to 8:30 PM. |
3/6/08 We are going ahead with our appeal. On behalf of 21 Blacksburg homeowners, we will ask the Virginia Supreme Court to reverse the Montgomery County Circuit Court, and require that the South Main development comply with Ordinance 1450. Over the past three weeks, have talked to many people in the community, laying out how our participation might help, what the costs might be, and reasons why we might not want to appeal. At our February 10th community meeting, we found overwhelming support from those present for pursuing the appeal. But we also asked you to "vote with your wallet," to signal your willingness to persist in this legal battle with your pledges to the BURG Legal Fund. We had to have a significant commitment of resources up front before committing to a long and costly legal process. Since we issued that challenge, we have received pledges amounting to $16,898. This is a tremendous show of determination to take this case to the Virginia Supreme Court. We are confident that we can cover the remaining costs of the appeal through continuing fundraising over the coming year. We all worked hard last spring to assure the passage of Ordinance 1450, and it is now clear that we will not let Fairmount Properties and the South Main landowners circumvent it in the courts without a fight. |
2/12/08 Should we appeal? Vote with your wallet! Should BURG appeal Judge Bobby Turk's recent decision to the Virginia Supreme Court? It depends on the support we get in the form of pledges to the BURG legal fund. We cannot say how much our appeal will help, beyond the appeal that the town has already decided to file. We know that it will not hurt, and that it could help to get the case heard by the Supreme Court. And it would allow us to bring up specific concerns of the residents of Blacksburg that are not part of the town's case. If you would like us to appeal, send in your pledge to the BURG legal fund. If we get enough pledges to cover a good chunk of the anticipated legal costs, we will go ahead. |
2/7/08 BURG Community Meeting on Sunday, February 10, 2008, at 7:30pm at Gillie’s restaurant. For Flyer Click Here (PDF) |
12/12/07 Blacksburg residents aggrieved by the BZA will get their day in court Judge Bobby Turk of the Montgomery County Circuit Court has ruled that 21 Blacksburg Residents who appealed the Board of Zoning Appeals ruling of do have legal standing. These 21 parties will be represented, alongside the Town of Blacksburg, in a December 18 hearing. Most of the 21 own property very close to the site of the proposed Supercenter. The developers of the big box store had challenged the legal standing of these 21 citizens, most of whom live very close to the site of the proposed store, and will be disproportionately affected by the traffic, noise, safety concerns, and declining property values. Some of the appellants are parents of children that attend Margaret Beeks Elementary. The hearing on the appeal will take place in the Montgomery County Courthouse, 1 E. Main St., Christiansburg, on Tuesday, Dec. 18, at 9:00 AM. |
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Someone does not want us to be visible on the streets of Blacksburg. 9/30 It has come to our attention that some local individuals who believe they are helping our cause have been posting flyers with personal attacks against one of the owners of the South Main property. BURG has no connection to these flyers. Furthermore, we reject the "assistance" of anyone who would engage in personal attacks of this kind. We believe our struggle should be carried out with dignity and respect, and that such attacks only damage our cause. |
8/30 BURG, Blacksburg Appeal the July 31 BZA Ruling Both BURG and the Town of Blacksburg have appealed the ruling by the Blacksburg Board of Zoning Appeals, which granted Fairmount Properties vested rights to construct a 186,000 square foot "retail supercenter" next to Margaret Beeks Elementary School. The BURG appeal is filed in the name of 21 Blacksburg residents, many of whom live near the site of the South Main project, and who are aggrieved by the BZA ruling. The appeal asks the circuit court to review the BZA decision and reverse it, arguing that it had no basis in law. The developers never received approval for a specific project, nor did they pursue in good faith the vague approvals that they did receive. |
8/18 BURG is holding another book sale, September 1, to raise funds and to let those returning to town know what we're up to. We'll be in front of Gillie's, on College Ave, from 9 AM. We can use more books, and more volunteers! To get involved, contact our fundraising chair, Margaret Breslau. |
8/15 On Tuesday, August 14, the Blacksburg Town Council, by unanimous vote, approved a resolution authorizing an appeal of the Board of Zoning Appeal's July 31 decision. The case will be heard in the Montgomery County Circuit Court, where the judge will decide whether to confirm or reverse the BZA ruling. |
8/02/07 On Tuesday, the Blacksburg Board of Zoning Appeals ruled, by a 5-0 vote that the developers of the S. Main project had vested rights that gave them immunity from the provisions of ordinance 1450. While this is a setback, this fight is far from being over. The BZA ruling is disappointing, but it is also incorrect. Although there is no written statement giving the rationale for the board's decision, its members seem to have accepted arguments that represent a major departure from Virginia law and legal precedent. Citizens should be very concerned about the negative impacts of a Walmart Supercenter, but we should also be concerned by this decision that would drastically lower the bar for awarding vested rights to developers. BURG is considering filing an appeal, and we expect the town to appeal. There is no guarantee of success, but the case is likely to play very differently before an experienced circuit court judge. The BURG steering committee would like to invite all concerned residents of Blacksburg to a community meeting, on Sunday, August 5, at 7:30 PM, at the Blacksburg Public Library. We will give a full update of the legal procedings and our options, and want to encourage renewed community involvement and input. 7/30/07 On Tuesday, July 31, the Board of Zoning Appeals will hold a vote on the appeal of the zoning administrator's ruling. The Board will decide whether to uphold the June 18 ruling, that the developers did not have vested rights to build a big box store, or to reverse that ruling. BURG has filed an expanded brief with the Board of Zoning Appeals, in support of the town. 7/21/07 On Wednesday, July 25, at 4:30 PM, the Blacksburg Board of Zoning Appeals will hold a public hearing on the appeal filed by the developers of the South Main project. The appeal challenges the determination of the thown's zoning administrator, Steve Hundley, which concluded that the developers do not have vested rights and therefore must comply with the terms of Ordinance 1450. Anyone who is directly affected by the planned project, such as those living near it, may address the board for up to 3 minutes. But remember, the hearing is not about the overall merits of the proposed project or of Ordinance 1450, but will only consider whether or not Hundley's determination was correct. Anyone wishing to speak, who would like to be briefed on the legal issues, should contact us at burg@bburg.org. BURG has filed a letter with the BZA detailing our case for upholding Steve Hundley's zoning determination. |
7/5/07 Legal Update 1) On Monday, July 2, Judge Bobby Turk of the Montgomery County Circuit Court ruled that the developers and landowners, who had brought suit against the Town of Blacksburg, would have to take their case through the existing chanels for appealing a zoning decision. He accepted the town's argument that the developers had no standing to sue since they had not exhausted their legal recourse. They must appeal the Zoning Administrator's determination to the Blacksburg Board of Zoning Appeals. 2) On Tuesday, July 3, the developers did file the expected appeal with the town's planning and engineering department. The appeal was basically a restatement of all the arguments in their lawsuit. The Board of Zoning Appeals has not yet set a hearing date. Check back for new developments. |
6/27/07 Phase I Site Plan Review: approval denied |
6/21/07
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6/19/07 Breaking News: From the Zoning Administrator's Determination of Vested Rights, June 18, 2007: "Based on the above, the subject property is subject to the provisions of Ordinance 1450. I find nothing in the conditions in the Proffer Statement or the letters from the Zoning Administrator that establish vested rights under Virginia Code §§ 15.2-2298 (B) or 15.2-2307. Therefore, in accord with Ordinance 1450, a special use permit is required for the proposed retail facility with a gross floor area of 176,411 square feet depicted in the "Phase II" site plan submitted on May 4, 2007, as well as for any other retail facility with a gross floor area in excess of 80,000 square feet that may be proposed as part of this development." Translation: Ordinance 1450 applies to the S. Main Development, and the developers will need to obtain a special use permit for any big box store on that site. This is a huge step toward protecting our neighborhoods and future development from this big box project. We'll have more reaction to the ruling soon. But the struggle is not over: we can expect the developers to appeal this decision. Read the entire letter here. |
6/13/07 The third BURG community meeting will be held on Sunday, June 17, at 7:30 PM, in the Blacksburg Public Library. Everyone who is interested in working with us, or who just wants the latest information on our efforts, is invited. We will provide an update on the legal proceedings, and new opportunities to get involved. For details, see our latest newsletter. |
6/10/07
Does this change anything? The legal issues are exactly the same regardless of the identity of the big box store. The project is a textbook case in terrible planning regardless of the store's identity. But Walmart is unique among big boxes, in its size, power, and negative impacts. If you are wondering whether the name of the store makes a difference, ask Fairmount Properties why they've tried to conceal it for so long. |
Is it a Walmart? The table at right appears on a lighting plan that has been on the town of Blacksburg's website since early May. Based on our own investigation, we have been convinced the store was a Walmart Supercenter since the first week of April. But this is the first time the 6/3/07 On Thursday, May 31, the Town of Blacksburg filed its response to the lawsuit by Fairmount Properties and the owners of the S. Main site. The town is asking the court to dismiss the suit on three main grounds: 1) the plaintiffs have not exhausted their administrative remedies, i.e. through the town's zoning administrator; 2) neither the town council nor the zoning administrator have denied (yet) the plaintiffs' right to build a big box store, so they have no grounds to sue; 3) last year's rezoning of the property was not an approval of any specific project, so no vested rights can be derived from it. |
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5/30/07