Anticipated Wal-Mart Development Application Questions & Answers

Updated Q&A

Due to the great interest expressed in the development application by Wal-Mart to build a store at Southeast 182nd Avenue and West Powell Boulevard in Gresham, answers to some commonly asked questions are provided to assist citizens in understanding the planning process. This information is provided by the City of Gresham as a courtesy to interested parties and was accurate to the best of our knowledge as of April 5, 2007.

• Wal-Mart Submits First Application - March 23, 2005
• City's initial Decisition - August 16, 2005
• Wal-Mart's First Appeal - August 29, 2005
• Hearings Officer's First Decision - Novemer 1, 2005
• Wal-Mart Files New Application - February 23, 2006
• City Issues Second Decision - July 27, 2006
• Wal-Mart Files Appeal - August 4, 2006
• Hearings Officer's Decision on Second Application - November 16, 2006
• Wal-Mart and Neighborhood Associations Appeal to LUBA - December 4, 2006
• LUBA Issues Decision - April 4, 2007

Q: What kind of application did Wal-Mart make to the City in order to build a store at 182nd and Powell Blvd.?
A: On March 23, 2005, Wal-Mart submitted an application to the City of Gresham to build a 210,000 sq. ft. supercenter with one 4,800 sq. ft. outlying retail building. This was a Type II Design Review application. This application also included a tree removal application and a lot line adjustment application. On Aug. 16, 2005, the City denied the design review and tree removal portions of the application. The City approved with conditions the lot consolidation and lot line adjustment portions of the application. Staff's decision was appealed by the applicant on Aug. 29, 2005. A Hearing before the City's Hearings Officer was held Sept. 29, 2005. On Nov. 1, 2005, the Gresham Hearings Officer issued a written decision to deny an appeal filed by PacLand and to affirm City staff's administrative decision to deny site design review and tree removal permits for a Wal-Mart Supercenter. A notice to this affect was distributed on Nov. 1, 2005, by the City.

On Feb. 23, 2006, Wal-Mart submitted a new application for a smaller supercenter (122,000 sq. ft.). This application was deemed complete by City staff on May 8. The comment period for the application ran from May 11-25. City planning staff is in the process of writing the staff report on the application. As this application is under the Type II review process, no public hearing will be held at this time. On June 23 Wal-Mart requested a three week extension to the 120-day review period. On July 10 Wal-Mart requested an additional 15-day extension to the 120-day review period. On Aug. 10 Wal-Mart agreed to extend the 120-day review period another 34 days. And at the appeal hearing on Sept. 27 Wal-Mart agreed to another seven-day extension to the 120-day review period. The 120-day review period ended on Nov. 20, 2006.

In accordance with State Law (ORS 227.178), the City must issue a decision, including a local appeal, within 120 days from the date that an application is deemed complete.

Q: What are the development standards that Wal-Mart must meet to develop?
A: The land that Wal-Mart is considering building on is currently zoned Community Commercial (CC) and Corridor Mixed-Use (CMU), which is consistent with commercial uses. City development standards for the CC and CMU districts include standards for building placement, building orientation, building height, off-street parking, landscaping, and buffering. In addition, applicants must meet standards for public facilities, including stormwater, water, wastewater, and transportation. The applicant will have to demonstrate compliance with a number of City standards in order to be allowed to move forward to obtain building permits. For more information on the development planning process or on the City's development code, please click on the appropriate item to the left.

Q: What are the transportation standards Wal-Mart will need to develop to and how will the issue of transportation impacts be evaluated?
A: A Traffic Impact Analysis (TIA) was provided on Feb. 23, 2006, by the applicant's traffic engineer, and a supplemental study was submitted on April 18, 2006. This analysis looked at the number of trips expected to be generated from the proposed use, the distribution of those trips, the existing traffic patterns, and the impacts of the proposed development on the capacity and operation of the surrounding streets, as they relate to City standards. The analysis also looked at transit and safety impacts. This analysis will be reviewed by the City's Transportation Engineering Division to ensure accuracy and compliance with City standards.

Wal-Mart requested the time extension for more time to consider technical issues related to the traffic study. There are six main technical issues that include questions about the trip generation rate, intersection capacity, turn lane storage, the development's impact of the Springwater Trail at Pleasant View Drive, the capacity at 182nd and Powell, and distribution of trips from the site at Powell/ Powell Loop and 11th/ Highland. The applicant submitted additional information to clarify the six main technical issues on July 14, 2006 and July 21, 2006.

Q: What is the decision issued by the City?
A: On July 27, 2006, Gresham Planning staff issued an approval with conditions decision.

Q: Can the decision by the City to approve this application be appealed?
A: Staff's decision may be appealed by citizens or Neighborhood Associations supplying comments during the designated comment period (May 11-25, 2006) and/or by the applicant. The City's Hearings Officer hears such appeals. Be aware that comments filed outside of the designated comment period did not give the commenter "standing" to appeal. The appeal period was 12 days beginning with the issuance of the decision on July 27 and running through Aug. 8, 2006.

On Aug. 4, an appeal of the City of Gresham decision regarding Wal-Mart’s application to build a store at 182nd Avenue and Powell Boulevard was filed jointly by three Gresham neighborhood associations – Centennial, Southwest and Hollybrook – and Gresham First.

A hearing date for the appeal was held Wednesday, Sept. 27, in front of Hearings Officer Joe Turner. A notice of that hearing was sent on Sept. 6 to property owners and residents within 300 feet of the proposed development, surrounding neighborhood associations, and published in the Gresham Outlook.

The record of the hearing was held open for seven days, until Oct. 4 to allow submission of new evidence or arguments. Following that, participants had an additional seven days, until Oct. 11 to respond to the new evidence or arguments. Then the applicant had until Oct. 18 to submit its final argument. The decision by the Hearings Officer was issued on Nov. 16. The Hearings Officer denial of application decision is attached as is the City’s issuance of decision letter.

Q; Can decisions by the Hearings Officer be appealed?
A: Decisions by the Hearings Officer may be appealed to the state's Land Use Board of Appeals by applicants or by citizens with standing. Standing is achieved by providing written testimony at or before the hearing or orally at the hearing. There is a 21-day appeal period following the issuance of a decision by the Hearings Officer.

Wal-Mart, and Gresham First jointly with three Gresham neighborhood associations, filed appeals to the Hearings Officer's decision with the state Land Use Board of Appeals.

LUBA heard oral arguments on Thursday, Feb. 22. A decision was expected March 22. On March 21, LUBA requested an extension of two weeks for issuance of a decision. The City granted that extension.

LUBA issued a Final Opinion and Order on April 4 on Wal-Mart’s appeal regarding its application to build a supercenter at 182nd Avenue and Powell Boulevard. That decision remands the decision back to City’s Hearings Officer Joe Turner.

According to LUBA, the Hearings Officer "misunderstood" Wal-Mart’s arguments regarding the opponents’ travel time analysis. LUBA decided that because of the technical nature of this issue and not knowing the extent to which the Hearings Officer’s decision to deny was based on his misunderstanding, it is best remand the decision back to the Hearings Officer. This will allow the Hearings Officer to evaluate his decision based on the correct understanding of Wal-Mart’s argument regarding travel time analysis and signal coordination.

The Hearings Officer has 90 days from the issue date of the order to make a final decision (July 3, 2007). LUBA did not dictate that the Hearings Office accept additional evidence or hold another hearing in this matter. The parties have 21 days the issue date of the order to file an appeal with the Court of Appeal on LUBA’s final opinion and order (April 25, 2007).

q: How is the City Council involved in the decision on the Wal-Mart proposal?
A: Under Gresham Revised Code, the City Council does not review Type II land use applications or hear appeals of Type II applications.

Q: How can I stay informed on the status of a future Wal-Mart proposal?
A: The City's Web page will have information on Wal-Mart's application as the City receives it. Please contact the Project Planner for this application, Jim Wheeler, at 503-618-2881 or in person at City Hall (Planner on Duty in the Permit Center, 11 a.m.-3 p.m. weekdays except Wednesday) if you'd like to discuss this application with planning staff.

 

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This information is provided by the City of Gresham as a courtesy to interested parties and was accurate to the best of our knowledge as of April 5, 2007.