PreservationNation

Local planning commission’s vote is 4-4, effectively recommending denial of Wal-Mart’s application

Written by Rob Nieweg

Last night the Planning Commission for Orange County, Virginia, met to consider an application for a special use permit to construct 240,000 square feet of big box development within the historic boundaries of Wilderness Battlefield and immediately adjacent to the Fredericksburg & Spotsylvania National Military Park. The proposed development is a project of Wal-Mart, JDC Ventures LLC of Vienna, Virginia, and 3 & 20 Limited Partnership of Burke, Virginia. This is not a “by-right” development; Wal-Mart and its partners must secure a special use permit to obtain the right to construct its planned cluster of large-scale commercial buildings.

To the surprise of many in the audience, after a civil three-hour public hearing, the Planning Commission voted 4-4 on a motion to approve Wal-Mart’s application. As the Fredericksburg Free Lance-Star reported today, “The Orange County Planning Commission reversed itself last night, effectively voting to recommend denial of a plan for a Wal-mart Supercenter in the Wilderness Battlefield area. The commission split 4-4 on a motion to recommend approval of JDC Ventures’ application for a special-use permit. Because the motion did not pass, it is the same as a denial, County Attorney Sharon Pandak explained to the commissioners.”

This was the second time that the local Planning Commission heard public comment and voted regarding Wal-Mart’s plan.  The Planning Commission’s first public hearing and vote to approve Wal-Mart’s application were invalidated when Wal-Mart discovered a procedural irregularity. That is, Orange County had failed to properly advertise the Planning Commission’s first public hearing.

On August 20th, during last night’s properly advertised hearing, thirty-two people testified before the Planning Commission, including twenty-one who spoke in opposition to the infamous Wilderness Wal-Mart. The National Trust for Historic Preservation testified against Wal-Mart’s plan because large-scale commercial development is wholly incompatible with this highly significant historic location. In our view, the tie vote is a setback for Wal-Mart and its partners, who have maintained that the Planning Commission’s first vote, in favor of the proposed development, was an indication of local public support.

When they cast their votes, the four planning commissioners who opposed Wal-Mart’s application expressed their grave concerns that the proposed big box development is contrary to Orange County’s comprehensive plan, that 240,000 square feet of commercial buildings would radically urbanize the rural gateway to the National Park, and that the people of Orange County want Wal-Mart to relocate its planned Superstore to another site away from the battlefield and National Park. One commissioner observed that the tie vote reflected the split of opinion among Orange County residents regarding this controversial issue.

Pursuant to local law the Orange County Board of Supervisors now will make the final decision regarding Wal-Mart’s application. The supervisors may disregard the Planning Commission’s vote. And, a majority of the Board of Supervisors already has expressed support for Wal-Mart’s application in January 2009, four months before Wal-Mart submitted its completed application in April 2009. In fact, according to the August 14, 2009 edition of The Boston Globe, one of the Supervisors likened the concept of local government acting to limit private commercial development to “fascism.”

As of now, the Board of Supervisors is scheduled to convene a public hearing Monday, August 24th to consider Wal-Mart’s application. The National Trust for Historic Preservation, local members of the National Trust, and the Wilderness Battlefield Coalition will participate in the public hearing.

Ultimately, of course, it is Wal-Mart which has the power to reverse course and relocate to an alternative site. Please join us by contacting Wal-Mart’s CEO Michael Duke to ask him to preserve Civil War history by selecting another site away from Wilderness Battlefield. As one planning commissioner said last night, “Wal-Mart, it’s not too late to be a hero.”

Learn more about the ongoing battle over the Wilderness Battlefield.

Rob Nieweg is the director of the Southern Field Office of the National Trust for Historic Preservation.

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This entry was posted on Friday, August 21st, 2009 at 12:47 pm and is filed under civil war sites, southern field office. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.