Abingdon Walmart Developer Considering Options

ABINGDON, Va. – The developer of a proposed Walmart shopping center at Exit 14 says he’s weighing his options after a Washington County Circuit Court ruling sent the 7-year-old project back to the drawing board last week.
Meanwhile, Mayor Ed Morgan says the ruling is a victory for Abingdon and for other towns seeking to control growth and avoid “big-box” development.
At issue before the court was whether Commonwealth-Abingdon Partners LP had secured rights to develop the project before the town made zoning changes targeted at big-box stores.
Judge C. Randall Lowe, in a letter filed Aug. 26, ruled that the town did not approve a site plan for the project in 2003, explaining that the Abingdon Planning Commission’s rejection of a subdivision plan for the site also meant rejection of the proposed site plan.
The proposed retail development has generated controversy since it surfaced in 2002, drawing protests from residents who feel it would hurt the historic town’s downtown shopping district and set Abingdon on an unhealthy development path, with avoidable traffic snarls and crime.
Local supporters of the project say the town is big enough for both Walmart and a flourishing locally based economy, and many are eager to see promised improvements to the Exit 14 interchange.
“The town has certainly made a mistake,” said Tim Scoggin, of Commonwealth. “They have been a huge impediment to what is a wonderful opportunity I feel that most of the people in Southwest Virginia and most of the people in Abingdon would have welcomed with open arms and, in today’s economic environment, they missed a tremendous opportunity to have retail growth inside the [town] limits as opposed to retail growth outside the [town] limits.”
Scoggin, who said his company has invested nearly $1 million in the project so far, said the town’s action sends a message to other developers that will result in lost tax revenue associated with future development.
Mayor Morgan said Abingdon doesn’t need Walmart.
“If they choose to pursue the project … they will have to come back and essentially start from scratch applying to have the property subdivided and then they will need to go through the Planning Commission,” Morgan said. “It wouldn’t be a short process to get through the [town] council.”
Not long after the Walmart project was proposed, the town approved two major ordinances affecting development: a special-use permit requirement for buildings larger than 50,000 square feet and an entrance overlay corridor ordinance that regulates development on roads leading to historic downtown.
The 184,000-square-foot store would now require a special use permit and compliance with stringent design guidelines.
Morgan said the council is prepared to negotiate in good faith if Commonwealth chooses to try again – but “It will not be a simple process.”
Scoggin said the Abingdon market is underserved by retail and there remains a huge demand for a project like his – but he’s unsure yet whether he will continue to pursue a site in town or look in the county.
“I think there are other places in the Abingdon area that would be suitable for a Walmart just like there were other places that were suitable for a Lowe’s,” he said. “I have seen nothing from the current leadership of the town that has led me to believe that we would be any more welcome today than we have been in the last two or three years.”
A Lowe’s home improvement store, also considered a “big-box” retailer, is currently under construction at Exit 19 – just outside the town limits.
Deborah Icenhour, town attorney for Abingdon, said the court’s ruling could set a precedent for other communities because it “puts some teeth into local ordinances,” empowering the people and their elected leaders to carefully decide future development.
“We very much seem to be a place that is growing and moving forward,” said Morgan. “It’s hard to say what will happen between now and eternity, but at least for this moment we’ve determined that the municipality has the opportunity to manage its growth and to really shape its future.”

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