Walmart Remand

The Hood River City Council deliberated on December 10, 2012.  The council's decision approves in part and denies in part Wal-Mart’s application for site plan approval (City File #2011-04) to modify its existing retail store located at 2700 Wasco Avenue (3N 10E 26CB TL 1600 and 3N 10E 26CA TL 1200).  In particular, the Council denies Wal-Mart’s request for confirmation that it has a vested right to complete the construction of a 102,000 sf retail store (a 30,000 sf expansion to the existing 72,000 sf store).  Any vested right Wal-Mart may have had to construct this expansion was lost due to one or more discontinuances in Wal-Mart’s efforts to obtain building permits and construct the expansion.  The City Council approves the proposed exterior alterations (except for the 30,000 sf building expansion) and revisions to the parking lot, landscaping, stormwater system, site access and circulation, subject to conditions.

Click HERE for the Notice of Public Hearing (City Council hearing November 26, 2012, and deliberations December 10, 2012).

The following documents were added to the Walmart remand file:

1.  Timeline of Walmart remand hearing process;
2.  Legal questions for City Council and Parties to address;
3.  Current Hood River Municipal Code Chapter 17.05, Non-conforming Uses and Structures;
4.  Record of Legislative Changes to Chapter 17.05, Non-conforming Uses and Structures as requested by City Council:

  • Ordinance 1774 (1999) - As a part of the "Housekeeping" Ordinance - an overall change to Chapter 17, Zoning;
  • Ordinance 1920 (2006) - Modification or enlargement of a residential use cannot exceed maximum building height;
  • Ordinance 1975 (2009) - Provisions for non-conforming telecommunications towers and exception to permit expiration for low income housing projects that received federal funding.

5.  Legal Memorandum from City Attorney Daniel Kearns on Walmart Remand.
6.  Legal Memorandum from Greg Hathaway, Attorney for Walmart, on Walmart Remand.
7.  Legal Memorandum from Ken Helm, Attorney for Hood River Citizens for a Local Economy, on Walmart Remand, November 19, 2012.
8.  Memorandum submitted by Mary Ellen Barilotti on Walmart Remand.
9.  Testimony from the public on the Walmart remand submitted by 5:00 p.m. on November 19, 2012.
10. Walmart's rebuttal legal memorandum 11/26/12.
11. Walmart remand proceedings, follow up comments - Mary Ellen Barilotti 11/26/12.
12. Public testimony received after 11/19/12 deadline, but was sent in time.
13. Legal Memorandum from Ken Helm, Attorney for Hood River Citizens for a Local Economy, on Walmart Remand, November 23, 2012.