Tuesday, February 7, 2012
DALLAS -- An appeal of the Dallas Planning Commission's approval of Walmart's plans to expand its Dallas store has been filed.
A notice of appeal from Eugene attorney Sean T. Malone representing appellants Lydia Graber, Neighbors for Dallas, Jeremiah Mulder and Randall Houser was received by the city on Thursday.
The deadline to appeal was Friday.
Walmart is proposing an 18,317-square-foot expansion, which will add a grocery line and reconfigure the store's parking lot. Plans for the proposed expansion were approved by the commission on Jan. 10.
The notice lists several issues as the appellants' basis for appeal:
* Stormwater issues -- The appeal asserts the store's outdoor garden area will store items containing fertilizers and compost that may leak onto the ground and into the stormwater system. Also, the appeal states the existing system may not be adequate to serve an expanded store.
* Zoning issues -- The appeal states that the existing store doesn't conform with its zoning, and that the zoning ordinance does not allow nonconforming uses to be expanded. Also, the appeal asserts the store's driveways are not in conformance and the proposed plans will not change that.
* Traffic Impact -- The appellants claim a traffic study is required as the store expansion will generate more than 600 additional trips each day. The appeal states the Oregon Department of Transportation, which has jurisdiction over the road where the store's entrances are located and determined further study wasn't warranted, has not demonstrated why a traffic study is not required.
Appeals can only address issues raised during the commission's public hearings regarding the expansion or written testimony submitted during the comment period.
The notice of appeal states the issues listed were raised before the planning commission on Nov. 8, 2011, and Dec. 20, 2011.
The appeal will be heard by the Dallas City Council at a hearing yet to be scheduled.