Wal-Mart takes exception to Gresham's refusing store

The retailer is appealing a city decision not to allow it to build a "supercenter" because of traffic issues

Tuesday, August 30, 2005
ERIC MORTENSON

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GRESHAM -- Wal-Mart thinks a city planner's conclusion that traffic generated by its planned "supercenter" would overwhelm nearby streets is speculative, unsupported and just plain wrong.

As expected, the company appealed the city's denial of its plans to build a 209,000-square-foot store at Southeast 182nd Avenue and Powell Boulevard, the site of a closed QFC grocery store.

The appeal was filed Monday with the city's Community and Economic Development Department. The case will be considered by a city hearings officer, who is expected to make a decision by Oct. 29. If necessary, the case would go to the state Land Use Board of Appeals and perhaps ultimately to the courts.

A spokeswoman for GreshamFirst, which organized to fight the Wal-Mart development, expressed confidence the city's decision will be upheld.

Javon Gilmore said group members have hired a land-use attorney and have been raising money for eight months in anticipation of a continued battle.

"We've been expecting this," Gilmore said. "We really knew all along they had a history of appealing."

The city denied Wal-Mart's development application on Aug. 16, citing traffic problems that would result. Traffic was projected to reach about 1,100 cars an hour at the peak Saturday shopping time, and the city concluded that would clog 182nd and Powell, plus nearby Southwest Highland Road and 11th Street.

Company spokesman Eric Berger said Wal-Mart suggested ways to alleviate traffic, such as installing flashing yellow left-turn arrows at the intersection that would allow drivers to turn left when there was no oncoming traffic.

"We felt we offered a plan to address the traffic concerns that was consistent with the city's code as well as (Oregon Department of Transportation) standards, and we feel that further consideration of this issue is warranted," Berger said.

But city officials said yellow left-turn arrows have proved unsafe elsewhere, increasing accident rates fivefold. In addition, the city said, the intersection is used by a high concentration of elderly pedestrians and drivers.

In the appeal filed Monday, Wal-Mart attorney Gregory Hathaway of Portland said the city's objections are not supported by substantial evidence. A potential increase in accident rates does not prove the signal phasing would be unsafe at that intersection, he said.

Likewise, the presence of a retirement center near the Powell and 182nd intersection does not prove there is a higher than normal concentration of older drivers and pedestrians, Hathaway argued.

Finally, the company thinks it can comply with Gresham's development code by modifying its proposal -- including reducing the size of the store. The appeal document does not contain additional details.

Berger, the company spokesman, said Wal-Mart has other traffic mitigation ideas that will be presented to the hearings officer.

Eric Mortenson; 503-294-5972; ericmortenson@news.oregonian.com