The Coalition for Smart Growth

Northern Beaufort County
South Carolina

 

Beaufort Gazette

Published in the Beaufort Gazette April 6, 2008

Wal-Mart So Far

During the past several weeks the issue of whether there should, could and would be a Wal-Mart Supercenter near the Lady's Island Airport has been front and center.  For those of us who felt that the proposed location was wrong for a "big box" store, the story has a happy ending, or an apparent happy ending.  Our best guess is that the Airport Junction tract will not see a big box and we think that is the right result, although there could be an appeal to the Circuit Court by Wal-Mart so we will stay vigilant. The traffic, environmental and economic impacts are unknown and are most likely negative.  Community reaction was heavily opposed to the idea of a large store on Lady's Island.  We saw the issue as a community-defining moment

There were two tracks involved, both proceeding at the same time.  First was the application to build the store under the expiring Airport Junction Development Agreement.  Second was the landowner's request that the city extend this development agreement for another five years.  The development was initially approved by the county in 1993 and later adopted by the city in 2003 when the lands in it were annexed into the city.

As to the first track, the application to build the store, there were two important events.  First, Libby Anderson, Beaufort City Planning Director, determined that a store as large as the proposed Wal-Mart was not allowed under the master plan contained in the Development Agreement and master plan.  Simply put, she said, in a clearly written decision, that the plan contained no building anywhere near the size of the nearly 200,000sq.ft. Wal-Mart. The largest building on the plan was about 70,000 sq. ft.

Wal-Mart then appealed Ms. Anderson's decision to the Beaufort Zoning Board of Appeals.  After a lengthy legal presentation by the Wal-Mart lawyer, which included virtual cross-examination of Ms. Anderson, participation by the lawyer hired by the city, and brief comments by the public, the Board decided in a 5-0 vote to deny Wal-Mart's appeal.   

The reason for the decision most often noted by Board members was that the proposed store was just too far from what was shown on the master plan.  It remains to be seen whether Wal-Mart appeals the board's decision, but they are a litigious corporation and an appeal would not be a surprise.  We think that Ms. Anderson's decision and the Board's unanimous decision to uphold it will give WalMart a hard time in an appeal.  If there is an appeal, we and other groups and individuals will try to intervene to become parties

We especially want to thank Libby Anderson for her well drafted decision and her testimony, the Zoning Board of Appeals, and the many members of the public who attended and spoke at the appeal hearing.

We see this "big box" proposal, the public opposition and the result as a second showing, the Clarendon/McLeod annexation being the first, of the depth of feeling in concerned and involved members of the public of how important it is to get growth decisions right.  In that regard there was a silver lining floating right along with the Wal-Mart cloud!  We know our elected and appointed officials and their staffs understand the strength of this feeling and the public's willingness to spend time and money to make their views known.

The second track of the short saga ended Tuesday night when the City Council unanimously voted to extend the Airport Junction Development for another five years.  However, this time they made it clear that additional extensions will be discretionary.  They also amended the agreement to incorporate current environmental standards and related regulatory requirements.  This will mean, for example, that future development at the site must be preceded by traffic studies that are comprehensive and consistent with other regional studies which are done through the county to predict traffic conditions out to 2025.. (In its application Wal-Mart had submitted a traffic analysis focusing only on the immediate area near the store and planning only two years ahead,)

We congratulate the Mayor and City Council for changing the agreement to make it more responsible and responsive to public sentiment.  Now that they have adopted a document which precludes big box stores at that one property we think it is critical to move ahead with land use restrictions further limiting the areas for such large developments by designating the areas, such as along  Route 170 where Lowe's, Wal-mart, Best Buy, etc. are now.  The traffic can be more easily handled there and the stores are compatible with their surroundings.

In summary then, we think the Wal-Mart decisions, while not yet complete, are very much heading in the right direction.  We think current and future elected officials understand the depth of public concern about growth issues, and most importantly, we see an increasingly energized public eager to get land use right in the North County. 

There is much to be done, there will be more challenges and there is a need to stay closely involved.  We see the latter as our job and we are happy to be doing it!

Thanks again to all of you, official and otherwise, who have gotten us all this far 

For The Coalition for Smart Growth;

Beth Grace, Kay Harris, Harley Laing, John Stewart, Wendy Zara