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Oregon Road Conditions & Cams Email Story to a Friend November 17, 2005 Council returns to Wal-Mart proposal By MEG LANDERS Mail Tribune Wal-Mart officials say they hope the Medford City Council will send their supercenter application back for a review today, saying they have a new design that will appease the council’s concerns. "This new design accomplishes much of what the City Council is concerned about," said Greg Hathaway, Portland attorney for Wal-Mart. Though he declined to give details, Hathaway said the design is not a two-story building and is not a smaller footprint — two problems council members cited when they rejected the design. The Medford City Council will hold a public hearing on the Wal-Mart proposal at 7 p.m. today in Council Chambers, City Hall, 411 W. Eighth St., Medford. The council must reconsider its rejection after the state Land Use Board of Appeals ruled the council erred on two counts: It did not properly explain its reasoning, and it did not explain why a traffic study was not required for the application. Advertisement The council in May 2004 denied the Site Plan and Architectural Commission’s approval of the 207,000-square-foot supercenter to be built along Highway 99 at the former site of Miles Field. In June 2004, Wal-Mart appealed that decision to LUBA, and in March 2005 LUBA remanded the decision back to the city. Medford City Attorney John Huttl said a new design should not be part of today’s council decision. "The review is limited to what Site Plan saw before," he said. The council may decide to affirm, reverse or modify the commission’s decision. "At this point the city attorney’s office isn’t making a recommendation," said Huttl. He said he is, however, recommending to council members they make the same decision — whatever it is — on both issues to ward off the possibility of splitting the case into two potential appeals. If the council upholds its decision to deny Wal-Mart’s application, it must provide more explanations of its rationale to LUBA. Wal-Mart and city engineers have said a traffic study is not required because it was done years ago when the property was zoned for a regional shopping center. Hathaway said no matter the direction of council discussion, the new plans will not be revealed during today’s meeting. "(The) meeting is really for the purpose of deciding how the city wants to respond to the LUBA remand," he said. "We’ve always felt that the Site Plan and Architectural Commission decision was supported by evidence and by law. We think it is legal." Hathaway said before the city’s appeal of the LUBA decision was dismissed by the Oregon Court of Appeals in April, Wal-Mart and the city had agreed to mediate, along with the South Gateway Partners, who were among those who had appealed the original commission approval. "I think it all needs to go back to the Site Plan and Architectural Commission," said Hathaway. "We just simply want the opportunity to do that." The city has until Jan. 16 to let LUBA know what its decision is. A little Wal-Mart history History of Wal-Mart Supercenter proposal in Medford: April 2003 — Jackson County officials reveal plans to sell 18.9 acres, including the Miles Field site near the South Gateway Center, to Wal-Mart for $8.9 million. July 2003 — Wal-Mart officials meet with Medford Planning Department with plans for a 207,000-square-foot Supercenter. March 2004 — Medford Site Plan and Architectural Commission approves Wal-Mart proposal. April 2004 — Bill Mansfield, Wendy Siporen and South Gateway Partners file appeals to City Council. May 2004 — Council reverses SPAC decision, citing incompatible size and design. June 2004 — Wal-Mart appeals council decision to Oregon Land Use Board of Appeals. March 2005 — LUBA remands denial back to City Council. April 2005 — Council attempts to appeal LUBA decision to Oregon Court of Appeals, but the appeal is dismissed because it needed to be sent by certified mail and was sent by standard mail. Reach reporter Meg Landers at 776-4481 or e-mail Council returns to Wal-Mart proposal ">[email protected] . Mail Tribune Home | Local News | Sports | Business | Obituaries | Life | Opinion AP News | Archives | Site Map | Community | Classified Copyright © 1997-2005 Mail Tribune, Inc. All rights reserved. Privacy Policy | Terms & Conditions | Website Feedback www.bingo.com Home Security Systems Trunks, Footlocker dvd-r Distance Education Computer Security Ztech Media Hosting Sports Equipment Online Casino Salvia Divinorum Student Loans tcg student loan consolidation Online Pharmacy Online Casino Reviews Myspace Home Equity Loans Windermere Van Vleet Rogue Valley Travel Discount Hotel Reservations Southern Oregon Loans Online Casino News Casino Gambling Sites Budget Website Templates Online Bingo Entertainment Guide Advertisement s