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LAND-USE APPEAL Opponents appeal Costco's Central Point plan Pair say permit overlooked land-use laws Comment By Greg Stiles Mail Tribune Follow @@GregMTBusiness MailTribune.com By Greg Stiles Mail Tribune Follow @@GregMTBusiness Posted Apr. 18, 2016 at 6:11 PM By Greg Stiles Mail Tribune Follow @@GregMTBusiness Posted Apr. 18, 2016 at 6:11 PM » Social News Opponents of Costco Wholesale's relocation to southeast Central Point have filed an intent to appeal with the state Land Use Board of Appeals. Land-use planner Calvin Martin of Jacksonville and retired Ashland attorney Mark Haneberg are asking LUBA to overturn the Central Point City Council's approval of Costco's conditional use permit application in March. In February the city's Planning Commission approved Costco's application for a conditional use permit, allowing the construction of a 161,992-square-foot warehouse and fuel station on 18.28 acres at the southwest corner of Hamrick and Table Rock roads. Martin and Medford attorney David Smith filed separate appeals that were denied by the City Council. "The case is very simple," Martin said Monday. "The city of Central Point violated state land-use laws in a flagrant and basic way. The impacts on Medford and the state are just beginning to be understood." Martin's contention is that Costco's use is not compatible with the industrial zoning, its traffic impact analysis was flawed, and traffic generated by the membership retailer will overload surrounding roads. "It's a matter of principle," he said. "We're talking about the Oregon land-use system's basis and foundation ... . What we're talking about is extremely fundamental, not out there on the limbs." Central Point Development Director Tom Humphrey said appeals are limited to the record established during the process. "In this case, it's the record of locating Costco at this site, how it was evaluated and how traffic issues were mitigated," Humphrey said. Humphrey said Costco intended to begin operations at the new site by Christmas, but that was predicated on the start of construction this month. "They're choosing to wait the outcome of the appeal," he said. "We could issue permits, but they would take a risk if LUBA found the city procedurally erred. Costco is just being prudent, the property owner is willing to wait as well." As it stands, he said, Costco will write a $70,000 check for improvements at the intersection of Morningside Street and Table Rock Road, and the intersection of Airport Way and Biddle Road. The Issaquah, Wash., company will pay Central Point $377,000 for freeway interchange work, with the city adding $133,000 to Oregon Department of Transportation's $800,000 to $900,000 funding for improvements. Central Point has until April 29 to send its record, said Kelly Burgess, a LUBA spokesperson. "Depending on the size of the record, the city may request additional time." Humphrey indicated, however, that Central Point hoped to have its electronic document in LUBA's hands by the end of this week or early next week. "There are a lot of technical aspects to make sure this process is preserved and to make sure no mistakes are made." Once Central Point's filing is complete, the petitioners will have time to review it and ask for additional documents. Once all the record is available, Martin and Haneberg have 21 days to file a brief, stating their case with LUBA. After that, Central Point has 21 days to respond with its own brief. Once the record is closed, LUBA attempts to make its decision in 77 days. "It usually takes four months from beginning to end," Burgess said. Separately, Haneberg asked Land Conservation and Development Department regional representative Josh LeBombard to investigate whether Central Point's land-use work leading to Costco's application violated state law. "If Central Point can change the definition to include Costco — where the general public, customers, come in great numbers to the site," Haneberg wrote LeBombard, "then Central Point can destroy the core concept of planning and subvert its own comprehensive plan, zoning map and published zoning ordinances." LeBombard said some of the issues raised by Haneberg date back to January 2009 and that DLCD worked out an agreement with the city at the time. "Pending the legal situation," LeBombard said. "We'll likely defer to LUBA." —Reach reporter Greg Stiles at 541-776-4463 or [email protected] . Follow him on Twitter at www.twitter.com/GregMTBusiness , on Facebook at www.facebook.com/greg.stiles.31 By Greg Stiles Mail Tribune Follow @@GregMTBusiness MailTribune.com By Greg Stiles Mail Tribune Follow @@GregMTBusiness Posted Apr. 18, 2016 at 6:11 PM » Comment or view comments Reader Reaction » STAY INFORMED Email NewsLetter Sign Up Today Sign up for our newsletter and have the top headlines from your community delivered right to your inbox. Southern Oregon Directory Featured Businesses Loading... 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