Wal-Mart to file appeal

CENTERVILLE — The first shoe has dropped over the question of whether Wal-Mart will build a supercenter here, but with 10 days left for the giant retailer to file an appeal with the city's Board of Adjustments and City Council, the other shoe is not far behind.

City officials said a paralegal was at City Hall Thursday morning picking up documents related to the applications for a conditional use permit, conceptual site plan and conceptual subdivision plan that were denied by the Planning Commission Wednesday night.

Mayor Michael L. Deamer on Thursday commended the Planning Commission members for their service in a tough situation. "I realize these community volunteer service positions sometimes can be very demanding upon individuals and their families. I believe we have an outstanding Planning Commission who carefully considers the issues, the facts and the law in reaching their decisions. I heartily commend them for their outstanding service."

Wal-Mart community affairs manager Eric Berger in Seattle said the company has made a significant investment in time and resources in proposing the 200,000-square-foot supercenter along Parrish Lane and 400 East and plans to pursue its applications.

To do so, Wal-Mart, the largest corporation in America, will have to pony up a $150 appeal fee to take their case for a conditional use permit and site plan to the Board of Adjustments. The City Council will hear an appeal only on the subdivision plan. City Manager Steve Thacker expects Wal-Mart's representatives to wait until close to the last day to file their appeal.

Community Economic Development Director Cory Snyder , whose staff recommended to the Planning Commission they approve the project, said after the Board of Adjustments and City Council make their decisions, Wal-Mart could take the matter to district court if they are again denied.

Snyder said the city staff recommended the project based on it meeting or being able to mitigate all the elements for the conditional use permit. "We weighed all the evidence. In our views as professionals, there was substantial evidence to carry the weight of approval. We believed it met or could mitigate any issues to be in compliance with city ordinances," Snyder said.

From Wal-Mart's business model, Centerville and the 22 acres on Parrish Lane close to I-15 fit the bill as an ideal place to build a supercenter, Snyder said. "They say they open up supercenters with area populations of 55,000. This area has an 85,000-population client households to work with, it's right off the freeway interchange and it's right in the middle of our retail area."

The 100 or so residents in attendance at Wednesday's meeting were respectful of the Planning Commission, Snyder said, unlike earlier meetings where larger crowds make their feelings known and sometimes had to be reminded to hold the noise down.

"I think the frustration for the public stems from their lack of knowledge of how the legislative process works and how the administrative process works," Snyder said.

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