JUDGE SPARES TREES BLACKSBURG OFFICIAL HALTS DEVELOPER

                         Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: MONDAY, March 1, 1993                   TAG: 9303010133
SECTION: VIRGINIA                    PAGE: C1   EDITION: METRO 
SOURCE: MICHAEL STOWE STAFF WRITER
DATELINE: BLACKSBURG                                LENGTH: Medium
JUDGE SPARES TREES BLACKSBURG OFFICIAL HALTS DEVELOPER
A judge issued a temporary restraining order Sunday preventing a developer from cutting down trees on a piece of Prices Fork Road property that is being considered for commercial rezoning.
J.D. Nicewonder is asking the town for commercial zoning on a 10.5-acre Prices Fork Road site that consists of two parcels on opposite sides of Plantation Road so he can build commercial office buildings and 37 town houses.
The project has been the source of much controversy because neighbors say the development is unneeded and will harm the environment.
When a friend of Nicewonder's began cutting trees on the property Sunday, Richard Kaufman, town attorney, reported to the scene and requested that no more trees be cut.
Kaufman wrote up a restraining order that was approved by Circuit Court Judge Duane Mink.
"Cutting wood on this land is an agricultural operation which is prohibited in the town of Blacksburg's university and college district; that the cutting of the timber is to effectuate a commercial project for which a zoning application is now pending before the Blacksburg Town Council," the order read. "Resort to a court of equity is the only way to stop this irreparable harm to the trees."
Tom Roberts, who is representing Nicewonder for Anderson & Associates, said the restraining order was a violation of Nicewonder's rights because it's not against the law to cut trees on personal property - regardless of the zoning.
Many of the trees being removed are diseased and will be cut down even if rezoning is denied, he said.
Roberts said Nicewonder's friend was cutting the trees for firewood, and had nothing to do with the pending rezoning.
"People are making a big deal over nothing. . . . The neighbors are opposing this rezoning on any grounds and aren't trying to work with the owner," he said. "the developer's biggest mistake is that he should have cut the trees down six years ago."
Roberts said only 117 trees at the site were of preservation quality. Of those, the developer plans to save 91.
Blacksburg Planning Commission will consider the rezoning Tuesday and then forward it to council for a final decision. Previously, the Planning Commission recommended disapproval of the developer's plans to build commercial office space, a hotel, restaurant and town houses at the site.
After that meeting, Nicewonder eliminated plans for the restaurant and hotel, so the rezoning was sent back to the Planning Commission for consideration.

by Archana Subramaniam by CNB