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By CARRIE JOHNSON, Times Staff WriterThe corporation has to either win over a supermajority of the City Council or restart plans for a new Gandy Boulevard store.
ST. PETERSBURG - Wal-Mart has a difficult road ahead if it decides to pursue plans to build a 150,000-square-foot supercenter near the Brighton Bay neighborhood off Gandy Boulevard.
Because the retail corporation's site plan was rejected Wednesday by the Environmental Development Commission, it would take a supermajority of the City Council - six of eight members - to overturn the ruling.
That means Brighton Bay residents, who oppose the construction, would only have to persuade three council members to vote against the plan to kill it.
"It's a difficult standard to meet," said chief assistant city attorney Mark Winn. "And they've spent a whole lot of money to get to the point where they are now."
Representatives from Wal-Mart said they're still evaluating their options and called the city Thursday to inquire about the appeal process. They have 10 days to appeal the EDC ruling to the City Council, which would have to conduct a public hearing within 60 days.
Wal-Mart could also start again and submit a new plan for review by the EDC. But that's an expensive process that can take months.
Eric Brewer, community affairs manager for Wal-Mart, said the high concentration of new residents in the area and the potential for more development makes the Brighton Bay site highly desirable.
"We're going to look at everything," Brewer said.
Wal-Mart's proposal includes a grocery store, garden center and liquor store on the vacant 27-acre tract at 10589 Gandy Blvd. NE.
But the discount giant has found few allies in this fight. Although it received a recommendation for approval from the city staff, John Hixenbaugh, the city's zoning offer, said the staff tried everything possible to discourage Wal-Mart.
The staff members attached 30 conditions to its approval, and Wal-Mart agreed to meet them. When asked for road improvements, Wal-Mart offered $5-million to widen Gandy Boulevard from four lanes to six.
"Every time we asked for more information, they gave it to us," Hixenbaugh said.
Still, he apologized to Wal-Mart opponents Wednesday, saying he wished St. Petersburg's laws allowed him to do more to restrict the development.
The residents of Brighton Bay mounted a highly organized campaign to block Wal-Mart, raising enough money to hire a land use attorney and a traffic engineer. The Sierra Club and the AFL-CIO joined their cause.
David Bacon, the group's attorney, said he doesn't think there's any change Wal-Mart could make to satisfy residents' concerns.
"There's a certain minimum size they need for a supercenter," Bacon said. "And whatever that size is, it's going to generate too much traffic for Brighton Bay Boulevard."
Traffic concerns were a major sticking point both for residents and EDC members. Wal-Mart planned to put the main entrance to the store on Brighton Bay Boulevard, which residents said was unfit for so much congestion.
Wal-Mart asked the Florida Department of Transportation for permission to put the entrance on Gandy Boulevard, but the request was denied, Hixenbaugh said.
Wal-Mart has had several recent defeats in the Tampa Bay area. In April, the corporation dropped plans to make a supercenter out of an existing store in Lealman after it failed to get the necessary permits. Plans for a supercenter in Crystal River have been thwarted for more than a year after questions were raised over whether the city can legally annex the property slated for development.
The fights typically end up in a courtroom. But Winn said the EDC was on firm legal ground when it rejected Wal-Mart's plans.
"They have to judge if the evidence presented to them is competent and credible," Winn said. "In this case, the residents provided plenty of credible evidence. It's not just about who has the most experts."
Carrie Johnson can be reached at 727 892-2273 or cjohnson@sptimes.com