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At the end of the month national eyes will be upon Orange County, as circuit court Judge Daniel Bouton will rule whether or not Walmart can build the county's first supercenter. More than a year after the Orange County Board of Supervisors approved a special use permit allowing the biggest of the big boxes to build in the location, the board finds itself tangled in litigation, defending its decision to permit a Walmart on land near the Wilderness Battlefield. The case between the Friends of the Wilderness Battlefield and the board will begin Jan. 25 and could result in a catalyst of development along the Route 3 corridor, or signal a major victory for Civil War preservationists.
The Walmart saga began in the 1970s when a group of seven investors calling themselves 3&20 partners purchased a large tract of land, hoping to score a major commercial investment. None of the original partners are alive to witness the firestorm their land has caused or realize the dream of selling off their investment. Through the division of heirs the size of 3&20 has risen to 30 partners.
"Seven people bought into the property to put town houses on it and a small shopping center," said Marilyn Smith, a general partner for 3&20 who inherited her part of the property through her husband, who also inherited his share.
Smith lives in Fairfax County and said all of 3&20 partners live outside of Orange County, with one living in Spotsylvania. This tract of land is no stranger to development, as portions of it have been sold to create the 7-Eleven at the intersection of Routes 3 and 20 and the adjacent shopping center, said Smith. Then, more recently the remaining 51 acres were bought by a small development company, JDC Ventures, out of Northern Virginia.
"We did not know of the intentions at the time to build a Walmart," said Smith. "I think it would bring in a lot of revenue and jobs."
Attorney Jennifer Banks represents 3&20 and believes most people view the partnership as a corporation, when it is simply a group of individuals, she said.
"The key is that these are individuals, not a corporate operation," said Banks. "They really hoped to have sold the property and put it behind them many years ago. It's a huge expense and hassle for them. They're just looking to get a return on their investment. I hope it works out in their favor."
Before Walmart began courting Orange's eastern end, it was interested in placing a store on Route 15, just outside of the town of Orange. Benny Sedwick owns the property that was considered but said ultimately the deal fell through. Sedwick said he was approached by Thalheimer, a commercial real estate firm out of Richmond, on behalf of Walmart about building a store on his land.
"They made a proposal and I had several conditions I wanted in place, we had a verbal agreement, but when it came to writing the contract, the provisions we had agreed on were omitted, so I wouldn't sign," said Sedwick. "Then they said I had backed out. It was a good deal. It would have been a win-win for both of us."
For those living in the town of Orange, a Walmart in the proposed location near the battlefield would still not be the closest one geographically. The closest three would be in Ruckersville, Culpeper, or Zion Crossroads, each around 20 miles from the town. Sedwick said that he had heard such focused development was intentional.
"The rumor back in 2004 or 2005, when building was robust, was that Walmart wanted to build a store every 19 miles," said Sedwick.
Of course, no retail store the size of Walmart has ever been built in the county and the board acted preemptively to ensure the county would retain control of its growth when the rumors of the Route 3 Walmart began circling. In June of 2008 the board passed its "big-box" ordinance, requiring any retail store of 60,000 square feet or more to need a special use permit, in which the county could impose certain conditions, particularly aesthetic ones, on the store's construction.
"We wanted to control and better manage larger retail in the county," said District 5 Supervisor and board chairman Lee Frame. "Otherwise companies could come in and do whatever they wanted to, so we felt the county needed some tools in which to manage that."
The big box ordinance passed 4-1, with former District 1 Supervisor and then chairman Mark Johnson dissenting.
"The ordinance just gives you a little bit of control over a large commercial facility coming into the county," said District 2 Supervisor Zack Burkett. "If some guy wants to put in a meat market that's going to have 100 cars a day, it's very different than a Walmart with a couple thousand cars a day. It's going to have a broader base of impact."
After the passing of the ordinance Walmart was required to meet certain conditions imposed by the board as to how the retail campus could be landscaped and how close it could be to Route 3. Satisfied with Walmart's proposal for the site, the board approved the special use permit 4-1, with former District 4 Supervisor Teri Pace dissenting.
District 3 Supervisor Teel Goodwin said he cast his approving vote because he said Walmart had done everything the board had asked of them.
"The land was originally designated as commercial, they needed nothing else from us," said Goodwin. "We asked them to make it look nice and plant shrubbery and things like that and everything we asked of them they approved."
Mindful of the fact that the intersection of Routes 3 and 20 serves as the eastern gateway into Orange County, Burkett said the big box ordinance and Walmart's compliance will make for a pleasant entrance.
"This assures a very upscale approach to the county," he said.
The approving board members said the increased tax revenue generated by Walmart would also help the county.
"It will generate revenue and bring jobs," said Goodwin. "I don't see it as impeding the battlefield, if anything it has increased interest in the battlefield."
Goodwin also said he thinks everyone gains if the construction of the Walmart is allowed to go through. He said Walmart gets a location they want and the county gets more jobs and revenue.
Aside from any potential increase in jobs or tax revenue, the approving supervisors contend that their votes were cast more because of Walmart's compliance with the county's restrictions than any other reason.
"The county is not in the position to say not here, but there," said Frame. "Walmart applied for that location and has not expressed an interest in any other location."
The Walmart saga began in the 1970s when a group of seven investors calling themselves 3&20 partners purchased a large tract of land, hoping to score a major commercial investment. None of the original partners are alive to witness the firestorm their land has caused or realize the dream of selling off their investment. Through the division of heirs the size of 3&20 has risen to 30 partners.
"Seven people bought into the property to put town houses on it and a small shopping center," said Marilyn Smith, a general partner for 3&20 who inherited her part of the property through her husband, who also inherited his share.
Smith lives in Fairfax County and said all of 3&20 partners live outside of Orange County, with one living in Spotsylvania. This tract of land is no stranger to development, as portions of it have been sold to create the 7-Eleven at the intersection of Routes 3 and 20 and the adjacent shopping center, said Smith. Then, more recently the remaining 51 acres were bought by a small development company, JDC Ventures, out of Northern Virginia.
"We did not know of the intentions at the time to build a Walmart," said Smith. "I think it would bring in a lot of revenue and jobs."
Attorney Jennifer Banks represents 3&20 and believes most people view the partnership as a corporation, when it is simply a group of individuals, she said.
"The key is that these are individuals, not a corporate operation," said Banks. "They really hoped to have sold the property and put it behind them many years ago. It's a huge expense and hassle for them. They're just looking to get a return on their investment. I hope it works out in their favor."
Before Walmart began courting Orange's eastern end, it was interested in placing a store on Route 15, just outside of the town of Orange. Benny Sedwick owns the property that was considered but said ultimately the deal fell through. Sedwick said he was approached by Thalheimer, a commercial real estate firm out of Richmond, on behalf of Walmart about building a store on his land.
"They made a proposal and I had several conditions I wanted in place, we had a verbal agreement, but when it came to writing the contract, the provisions we had agreed on were omitted, so I wouldn't sign," said Sedwick. "Then they said I had backed out. It was a good deal. It would have been a win-win for both of us."
For those living in the town of Orange, a Walmart in the proposed location near the battlefield would still not be the closest one geographically. The closest three would be in Ruckersville, Culpeper, or Zion Crossroads, each around 20 miles from the town. Sedwick said that he had heard such focused development was intentional.
"The rumor back in 2004 or 2005, when building was robust, was that Walmart wanted to build a store every 19 miles," said Sedwick.
Of course, no retail store the size of Walmart has ever been built in the county and the board acted preemptively to ensure the county would retain control of its growth when the rumors of the Route 3 Walmart began circling. In June of 2008 the board passed its "big-box" ordinance, requiring any retail store of 60,000 square feet or more to need a special use permit, in which the county could impose certain conditions, particularly aesthetic ones, on the store's construction.
"We wanted to control and better manage larger retail in the county," said District 5 Supervisor and board chairman Lee Frame. "Otherwise companies could come in and do whatever they wanted to, so we felt the county needed some tools in which to manage that."
The big box ordinance passed 4-1, with former District 1 Supervisor and then chairman Mark Johnson dissenting.
"The ordinance just gives you a little bit of control over a large commercial facility coming into the county," said District 2 Supervisor Zack Burkett. "If some guy wants to put in a meat market that's going to have 100 cars a day, it's very different than a Walmart with a couple thousand cars a day. It's going to have a broader base of impact."
After the passing of the ordinance Walmart was required to meet certain conditions imposed by the board as to how the retail campus could be landscaped and how close it could be to Route 3. Satisfied with Walmart's proposal for the site, the board approved the special use permit 4-1, with former District 4 Supervisor Teri Pace dissenting.
District 3 Supervisor Teel Goodwin said he cast his approving vote because he said Walmart had done everything the board had asked of them.
"The land was originally designated as commercial, they needed nothing else from us," said Goodwin. "We asked them to make it look nice and plant shrubbery and things like that and everything we asked of them they approved."
Mindful of the fact that the intersection of Routes 3 and 20 serves as the eastern gateway into Orange County, Burkett said the big box ordinance and Walmart's compliance will make for a pleasant entrance.
"This assures a very upscale approach to the county," he said.
The approving board members said the increased tax revenue generated by Walmart would also help the county.
"It will generate revenue and bring jobs," said Goodwin. "I don't see it as impeding the battlefield, if anything it has increased interest in the battlefield."
Goodwin also said he thinks everyone gains if the construction of the Walmart is allowed to go through. He said Walmart gets a location they want and the county gets more jobs and revenue.
Aside from any potential increase in jobs or tax revenue, the approving supervisors contend that their votes were cast more because of Walmart's compliance with the county's restrictions than any other reason.
"The county is not in the position to say not here, but there," said Frame. "Walmart applied for that location and has not expressed an interest in any other location."
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