Big-box proposal goes to Lynchburg City Council

By Alicia Petska
Lynchburg News & Advance
Published: August 23, 2008

The Lynchburg Planning Commission ended its long and sometimes contentious big-box debate earlier this week, voting 6-1 to send the proposal up to City Council for final action.

Commissioners elected not to make any substantive changes to the latest draft of the new zoning regulations. Local developers had criticized much of that language during a recent public hearing.

If approved, the big-box ordinance will allow the city to exercise greater oversight over future large-scale commercial development.

The concept was first proposed locally in January 2007. The planning commission, which had an earlier proposal sent back to it for further work, cast its second vote Wednesday during a special meeting called expressly to discuss the ordinance.

The commissioners started off by consulting with both the city attorney and a Roanoke lawyer specializing in zoning law. The outside attorney was called in to give a second opinion on a growing number of legal concerns that had cropped up about the new regulations.

He concurred with the city attorney that the existing proposal was sound.

Under the recommended ordinance, retail projects exceeding 50,000 square feet in area — roughly the size of a football field — will no longer be considered automatically acceptable or “by-right” land uses anywhere in the city.

The developments will instead have to secure a conditional permit that requires public hearings and the approval of City Council.

A quicker, strictly administrative form of review is available for those willing to comply with higher standards such as more aesthetically pleasing buildings or the use of energy-efficient technology.

A push was made Wednesday to raise the ordinance’s trigger by 25,000 square feet. That motion failed 4-3.

The lone dissenter in the final vote to approve was Commissioner Ted Hannon, an outspoken critic of the ordinance.

Hannon, a former development attorney, previously raised numerous concerns about the legality of the zoning changes, asserting the new standards would infringe on private property rights.

He could not immediately be reached for comment Friday, but an audio recording made of the commission meeting showed he continued to express concern the new system would impose unfairly on property owners.

Local developers have consistently maintained the proposed ordinance is too restrictive and will severely damage future development in the city.

City Council will cast the final vote on the proposal’s fate.

Commission Chairwoman Laura Hamilton said she felt they delivered a good ordinance.

“It’s not too complex. It doesn’t micromanage,” she said. “… We’ve got some good incentives in there and the option to fast-track a development. It’s not too cumbersome.”

The suggested ordinance allows for greater leeway when it comes to redevelopment of existing stores, an incentive designed to encourage renovations.

Redevelopment projects can reach up to 75,000 square feet before they fall under the new law’s scrutiny.