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61 °F Forecast | Road Cams Sunday, September 19, 2004 Today's News | Classifieds | Autos | Homes | Jobs | Tempo | Health | Community | Home Delivery SECTIONS Home Page Local News Sports Business Obituaries Life Opinion - Politics Tempo AP News Weather Classified Archives Site Map SPECIAL SECTIONS Since We Asked Outdoor Journal How To Guide Wellness Connection Readers' Choice Real Estate Showcase Joy Magazine Homelife Magazine Wedding Guide Rogue Valley's Finest EXTRA Newspaper in Education Personals Movie Times TV Times E The People MARKETPLACE Find a Car Find a Home Find a Job Classifieds Place an ad eSouthernOregon Automotive Communities Entertainment Publications Recreation Calendar CUSTOMER SERVICE Frequent Questions Advertising Information Home Delivery Employment Contact Us Media Kit Network Affiliate Oregon Road Conditions & Cams Email Story to a Friend May 7, 2004 Wal-Mart appeals council’s decision By BUFFY POLLOCK for the Mail Tribune CENTRAL POINT � The world’s largest retailer has appealed a decision by the City Council last month.to deny a request to build a 207,000-square-foot supercenter at the corner of East Pine and Hamrick roads The council on April 15 reversed a decision made two weeks earlier by the Planning Commission, which approved the project. "We believe that the City Council exceeded its authority in reversing the Planning Commission’s unanimous decision," said Wal-Mart spokesperson Eric Berger on Thursday. "We believe the city had the responsibility to approve this project, which met or exceeded all of the city’s zoning requirements, and we are hopeful that their decision will be overturned by the state." The appeal was sent to the Oregon Land Use Board of Appeals via certified mail by Portland attorney Greg Hathaway Wednesday afternoon and officially entered into record Thursday. Advertisement Wal-Mart initially submitted its proposal last June and resubmitted it in December. A Citizens Advisory Committee determined that the project was not a good fit for the city in March after a series of public hearings. Two weeks later, Planning Commission members determined the project should be allowed based on city planning goals and C4 zoning. In reversing the commission’s decision, the City Council said the project was not in line with city planning goals and that it would better fit a C5 zone. According to a spokesperson for LUBA, initial paperwork simply enters into record a petitioner’s "intent to appeal" and is not required to list specific reasons. Hathaway did not return calls on Thursday seeking comment regarding the retailer’s grounds for the appeal, but Berger said Wal-Mart officials would be discussing a "series of issues" before LUBA. Becca Croft, spokesperson for the citizens group Central Point First, which was formed to oppose the Supercenter, viewed news of the appeal as a call to action. "Obviously we were anticipating it, but hoping they weren’t going to," Croft said. "Now we need $10,000 to pay an attorney. "Time for round four." Croft said that during the appeals process, she plans to continue to point out that the proposed uses by Wal-Mart, including tire sales and outdoor garden sales, would be a violation of C4 zoning rules. "I know there are people in the Rogue Valley that want a Supercenter, but this is not an appropriate location for this project." City Administrator Phil Messina said city officials would comply with requirements by LUBA and take a "wait and see" approach. " It’s up to LUBA at this point, but I think the council made the right decision and our attorney feels that, and I don’t want to quote him, but he said cities in Oregon have a right to interpret their zoning code the way they see fit." City Council member Donna Higginbotham said the city staff and City Council had been "very meticulous" in the process of considering the project to avoid its decision being overturned. Higginbotham said she was not surprised by the appeal. "I’ve read articles from up and down the state and they do that everywhere they go. They’re very pushy," she said. Kristy Seyfried, administrative specialist for LUBA, said the process of appeal could take between three and six months. Should either party challenge the final ruling by LUBA, the case will be remanded to the U.S. Court of Appeals. Buffy Pollock is a free-lance writer living in Medford. E-mail her at [email protected]. Mail Tribune Home Local News | Sports | Business | Obituaries | Life Opinion - Politics | AP News | Archives | Site Map E Southern Oregon | Classified Copyright © 1997-2004 Mail Tribune. All rights reserved. Privacy Policy | Terms & Conditions Website Feedback ADVERTISERS A D V E R T I S E R S SPECIAL SECTIONS Auto Finder Job Finder Home Finder Joy Magazine Homelife Magazine Tempo Readers' Choice Real Estate Showcase Since We Asked Outdoor Journal Moving to Southern Oregon? Volunteer Opportunities