Centerville Wal-Mart plan not dead yet

CENTERVILLE — Wal-Mart isn't locked out of Centerville yet.

At an appeal with Centerville's Board of Adjustments Wednesday night, representatives of the giant retail chain argued that the Planning Commission's decision last summer against a superstore in town came simply because of who it is.

After a meeting Wednesday that lasted more than four hours, the Board of Adjustments decided to continue its evaluation on the issue until Oct. 13. The board has the power to overturn the Planning Commission's decision.

The Planning Commission voted Aug. 11 to reject Wal-Mart's proposal for a 220,000-square-foot supercenter in town. Wal-Mart later filed an appeal to the Board of Adjustment for a conditional-use permit and site plan.

A separate appeal to the City Council is on a subdivision plan only. No date has been set yet for that meeting.

Public comment by residents has ended and only the appeal process remains. The Board of Adjustments is composed of five city residents and meets only when needed.

"There is no substantial evidence to support denial," Wal-Mart attorney Terry Welch told the Board of Adjustment and about 70 residents present at the hearing. "You may not like Wal-Mart," but that is not the issue here.

Public clamor aside, Welch argued, there is no evidence to support denial of the store in Centerville.

"The decision is arbitrary and capricious," he said. "We're asking this board to fix the decision."

Lisa Romney, legal counsel for Centerville, said zoning cannot be used to regulate business but that city officials can keep the greater good of the community in mind when making decisions.

She doesn't believe the Wal-Mart decision was improperly biased.

"It wasn't denied because it was a Wal-Mart," she said, but because the commission came to an agreement.

Wal-Mart officials believe they have made a significant investment in time and resources for the Centerville project and plan on pursuing all options available. If Wal-Mart is denied by the Board of Adjustments, the store could then appeal to district court.

Wal-Mart's proposal involves a 22.5-acre project at 400 W. Parrish Lane. Several lengthy public hearings were held on the issue last summer. It is one of the city's hottest issues in recent years.