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Hernando officials rebuff Wal-Mart plan
By DAN DEWITT
Published May 10, 2007
BROOKSVILLE - Defying the recommendation of its planners, the County Commission on Wednesday voted unanimously to deny Wal-Mart's plan to build its fourth supercenter in Hernando on Barclay Avenue near Spring Hill Drive.
The vote drew loud applause from opponents who had packed the commission chamber. Before their decision, commissioners said they had the power to deny the project, even though county planners - and the county Planning and Zoning Commission - found that Wal-Mart had a clear right to build on the 22-acre parcel.
"We're here to analyze things subjectively as well as objectively, " Commissioner David Russell said. "We're here to make subjective decisions based on the facts we heard today."
Among the facts he and other commissioners cited: The property is too close to Pristine Place and other subdivisions; one entrance is only 1, 500 feet from an entrance to Powell Middle School, and three other schools are within 1 1/2 miles of the site.
They sided not only with the residents who attended the meeting but with 2, 100 who signed a petition opposing the store.
But commissioners said their vote was not to satisfy potential voters, nor was it directed against Wal-Mart.
"It doesn't have anything to do with the W-word, " Commissioner Diane Rowden said. "It has to do with the health, safety and welfare of our residents."
Representatives for Wal-Mart had earlier argued that the commission did not have the legal right to turn down the project. Commissioners also had a duty to base their decision on the law because the meeting was classified as a quasi-judicial proceeding, said James Porter, the Tampa lawyer representing the retailer.
"This is not a debate about whether Wal-Mart is good or bad, " Porter said. "This is a discussion about a vested development of regional impact that has zoning in place."
The county's comprehensive plan does not apply to the site, Porter said, because the land was approved as part of the Holland Springs development of regional impact in 1983, two years before the passage of the state law that mandated local comprehensive plans.
The planning department, in its recommendation, added that even if the site were not exempt from the comprehensive plan, it would meet its provisions.
Wal-Mart offered to make other improvements that it said would improve traffic safety. These included a pedestrian crossing on Barclay near the middle school and a traffic light at Minnie Drive.
Residents, however, didn't want to hear it.
"Representatives of Wal-Mart said they want to be a good neighbor. I say, be a good neighbor and move, " said Sylvia Brown of Pristine Place.
After the meeting, Wal-Mart spokeswoman Quenta Vettel declined to say whether the company would appeal the county's decision in court.