The retailer objects to the Development Review Committee's critical appraisal of how it intended to handle traffic.
By BRIDGET HALL GRUMET
Published September 9, 2004
BAYONET POINT - Wal-Mart is challenging the county's rejection of its plans for a supercenter near Beacon Woods, arguing the Development Review Committee "ignored" evidence when it determined the supercenter's traffic plan was not safe.
The appeal, which outlines 19 objections to the DRC's July 15 decision, will be heard by the Pasco County Commission at a date to be determined. The loser at that hearing could take the matter to court.
The main contention has been Wal-Mart's plans for a southern driveway on Beacon Woods Drive, which would provide the only access to a traffic signal for shoppers visiting the proposed 203,700-square-foot supercenter at the old Bayonet Point Mall on U.S. 19.
Beacon Woods residents and county engineers say the additional traffic would make Beacon Woods Drive less safe. Wal-Mart proposed adding a concrete median that would limit the number of spots for turns and U-turns, but the county's Development Review Committee rejected the retail giant's traffic plan.
"This position amounts to a taking of the property and a denial of due process to Wal-Mart and the property owner because safe and proper access from the site for traffic going southbound on U.S. 19 cannot be provided without access to the traffic signal on Beacon Woods Drive," Wal-Mart attorney Glenn Smith argued in the Sept. 2 appeal.
Among other objections, Smith also argued the county attorney "acted as an advocate . . . to deny Wal-Mart's application," instead of strictly providing legal advice to the Development Review Committee.
Bridget Hall Grumet covers Pasco County government. She can be reached in west Pasco at 869-6244, or toll-free at 1-800-333-7505, ext. 6244. Her e-mail address is hall@sptimes.com