Walmart Supercenter (72 & Giles - Papillion)

eomaha · Post by **eomaha** » Wed Mar 24, 2004 3:39 pm

Perhaps a last chance for residents living near 72nd and Giles to influence this proposed project.

World Herald story: http://www.omaha.com/index.php?u_np=0&u ... id=1045042

eomaha · Post by **eomaha** » Thu Mar 25, 2004 1:01 am

Papillion residents win a battle... will they win the war?

200 people jammed city hall, obviously motivating the Papillion Planning Commission to vote against zoning changes to allow the Super Walmart at 72nd and Giles. The city council still has the final say.

World Herald story: http://www.omaha.com/index.php?u_np=0&u ... id=1046236

Rob · Post by **Rob** » Thu Mar 25, 2004 7:46 am

Jeff-

I had the opportunity to attend the previous meeting last week (St. Patrick's Day) at Papillion-LaVista High School. The World-Herald had a passing mention of the meeting in the paper. The developer (along with others including Papillion's mayor) were in attendance. That meeting drew at least 200 people from the surrounding communities and was at times quite heated.

A petition was circulated to stop the Walmart and residents of Hickory Estates have hired an attorney to challenge the city...I believe regarding the issue of the current master plan for this property.

The developer showed renderings of the center (Sorry...I did not have a camera)...but the development did incorporate new design elements now required by the city of Papillion...ie enhanced landscaping, trees, berms, downcast lighting, and the use of brick, stone and stucco for the exterior of the development.

I attended as my parents live across the street and were concerned about traffic and noise, trash, etc. and of course their property values. I was actually shocked and amazed that a majority of residents were opposed to the development due to the fact that it would shift the retail focus from 84th to 72nd Street which would negatively affect stores on 84th. Already the Albertson's is closed and if the new Wal-Mart is built on 72nd the one on 84th would close...leaving more vacant stores.

The residents do have the ability to sway this development. They have already formed volunteer's going throughout the city door-to-door in order to get all city council members on their side.

We'll see...its a nice development ... on the wrong street.

eomaha · Post by **eomaha** » Thu Mar 25, 2004 9:51 am

I'm obviously no developer, but I can't imagine they would loose too much by building on 370... and would actually stand to gain in the coming years down the road with residential development continuing to hum along in Sarpy (unless they're thinking they'll just abandon another box come that time!).

If a positive comes out of this... even more so than in the case of the most recent Omaha Walmarts (which was influenced more by city planners than residents) ... it will be that the developer may go the extra distance on making the project a little more aesthetically pleasing as you say.

eomaha · Post by **eomaha** » Wed Jul 21, 2004 11:14 am

The Walmart juggernaut marches on...

Development page: http://www.eomaha.com/gallery/develop/89/

World Herald story...

Wal-Mart gets Papillion's final OK

The only weapon left for neighbors fighting the Wal-Mart shopping center near Papillion is a lawsuit, now that the project has cleared its final hurdle with city leaders.

The Papillion City Council gave unanimous final approval Tuesday night for the 74-acre Market Pointe shopping center at the southeast corner of 72nd Street and Giles Road.

The council voted 8-0 to rezone the property from agricultural to commercial and approve several agreements, including one requiring the developer, the R.H. Johnson Co. of Kansas City, Mo., to build the center as attractively as promised.

Neighbors made what their lawyer called "a final plea" to sway council members to oppose the project.

"I'm begging you not to make this mistake for the city of Papillion," said Jon Smith, a Hickory Estates resident.

Smith said the project will kill neighborhoods that make Papillion strong.

Opponents won a few small concessions, such as a ban on outdoor intercoms common in Wal-Mart garden shops and assurances that outdoor lighting wouldn't stray beyond property lines. Only three stand-alone drive-through restaurants will be allowed, and 600 trees will be planted on the site.

Mike McClellan, an attorney representing the opposition group ProPapillion, said that the council's handling of the project raises "significant legal issues" but that the decision on whether to sue rests with neighbors.

McClellan said a legal challenge would probably focus on the council's decision to change Papillion's comprehensive plan to allow the big commercial center. The plan originally called for houses and neighborhood businesses at the site.

He said evidence suggests that the council's primary motivation in changing the plan was to capture tax revenue from the project, despite the effect on surrounding residents.

McClellan has found success elsewhere taking court action on behalf of neighbors.

Representing residents in Omaha's Keystone neighborhood, he filed a legal challenge that stopped the Omaha Housing Authority - at least temporarily - from building low-income housing units in the neighborhood. The fate of that project is still in the courts.

Papillion Mayor James Blinn said it's premature to worry about a lawsuit in the Wal-Mart issue.

"It's the democratic process we're going through," Blinn said. "If a lawsuit comes along, we'll worry about it at that time."

He said city officials have adhered to the law and he hopes taxpayers will not have to pay to defend the city.

Developer Owen Buckley, president of the R.H. Johnson Company, said after Tuesday's meeting that he was pleased with the vote and that a lawsuit would be "counterproductive."

He said, however, he is prepared for the possibility.

Buckley said he hopes to start grading the site this year. He said he hopes to open Market Pointe's two announced stores in fall 2005: a 200,000-square-foot Wal-Mart Supercenter and an 88,000-square-foot Kohl's department store. The center would have a total of 550,000 square feet of retail space, including smaller stores and restaurants.

Once it is filled with stores, the Market Pointe shopping center will generate $2.3 million annually in property and sales taxes, according to city estimates.

The city will have to spend $355,515 a year for 20 years to pay for public improvements, primarily streets.

DMRyan · Post by **DMRyan** » Wed Jul 21, 2004 11:47 am

Well, at least there's gonna be 600 sickly trees planted...

eomaha · Post by **eomaha** » Wed Jul 21, 2004 12:05 pm

Yeah, and replace that Walmart with a Costco... and everyone would be hailing the new 'lifestyle' center.

Rob · Post by **Rob** » Thu Jul 22, 2004 12:52 pm

Sad to see this beautiful farmland in the middle of an urban area developed into this kind of development. My mom sold her house in May facing the property and has since moved elsewhere in the city. She was in favor of development...just not this kind and size.

My biggest beef is the empty storefronts on 84th...and shifting the commercial development off of 84th to 72nd...rather than revitalizing an ailing "main street (84th) for Papillion and LaVista. Rather poor planning on behalf on Papillion...something I think that they will regret in the future.

eomaha · Post by **eomaha** » Thu Jul 22, 2004 1:10 pm

The opposition has a nice website... http://www.propapillion.com .

eomaha · Post by **eomaha** » Thu Nov 04, 2004 8:45 pm

Omaha World Herald wrote: Wal-Mart seeks permit for site despite lawsuit

Wal-Mart Stores has applied for a building permit for its proposed Supercenter near Papillion, despite a lawsuit pending to block its construction.

The permit application was submitted by Brett Martinez of the Law Kingdon architectural firm of Wichita, Kan., on behalf of Wal-Mart Stores.

But it's unclear if Wal-Mart intends to break ground on the project as soon as the permit is granted or to wait until the lawsuit is resolved. Telephone calls placed Wednesday to Wal-Mart's corporate offices in Bentonville, Ark., were not returned.

Eleven people living across the street from the project site have sued the City of Papillion, the developer and the landowner to block construction of the Market Pointe shopping center.

The center, anchored by the Supercenter, would be built at 72nd Street and Giles Road.

The lawsuit is scheduled for trial Nov. 16 and 17 in Sarpy County District Court.

Papillion Mayor James Blinn said Wednesday that the city "will fulfill its function in reviewing the application for the permit."

Blinn said he could not comment further because of the pending lawsuit.

Blas Hernandez, Papillion's chief building official, said he has authority to issue the permit administratively, without further action by the City Council.

It will take a couple of weeks to review a project of such size, he said.

The application submitted to Papillion City Hall calls for a 212,931-square-foot store with 1,018 parking spaces.

If problems are discovered on the Supercenter building plans, the approval process could take longer, he said.

Building plans also must be reviewed by the Nebraska State Fire Marshal, he said.

Building permits have no expiration date, but they expire if a project is abandoned for six months, he said. After that, the applicant would have to reapply, Hernandez said.

Mike McClellan, a lawyer representing neighbors in their lawsuit, said that in light of the unresolved lawsuit, Wal-Mart would move ahead with construction at its own risk.

Sarpy County District Court Judge George Thompson has ruled that the City Council followed proper procedure in approving the center.

However, Thompson ruled that neighbors deserve their day in court on whether the council acted arbitrarily or capriciously when it allowed the center in an area previously designated for houses and neighborhood businesses.

OmahaRules · Post by **OmahaRules** » Thu Nov 04, 2004 9:14 pm

Don't see why they are wasting their time suing its not going to matter. Wal-Mart will be built there whether they like it or not.

eomaha · Post by **eomaha** » Tue Nov 30, 2004 7:10 pm

Omaha World Herald wrote: Judge says Papillion Wal-Mart can proceed

The Papillion City Council acted reasonably and legally in approving a Wal-Mart shopping center at 72nd Street and Giles Road, a judge ruled Monday.

Sarpy County District Judge George Thompson rejected a request from 11 Papillion homeowners to stop the 74-acre Market Pointe center.

The neighbors had alleged in a lawsuit that city officials shoehorned the center into a housing area with no regard for concerns about traffic, lights, noise and crime.

Thompson ruled that the council's decision was "valid and not unreasonable, discriminatory or arbitrary."

A lawyer for the homeowners, who live in Hickory Estates, filed notice late Monday to appeal Thompson's decision to the Nebraska Court of Appeals.

The center would contain 550,000 square feet of retail space, including a 213,000- square-foot Wal-Mart Supercenter and 88,000-square-foot Kohl's department store.

To make the project possible, the council last spring amended the city's comprehensive plan, which had designated the site for houses and neighborhood businesses.

The R.H. Johnson Co. of Kansas City, Mo., won final approval July 20 when the council voted 8-0 to rezone the property from agricultural to commercial. The developer initially hoped to grade this fall and open the first stores in fall 2005.

Papillion Mayor James Blinn said Monday that the judge came to the same conclusion as city planners, council members and a consultant.

"It's good that the judge agreed with the democratic process," Blinn said.

A key issue on appeal will be whether the council's action amounted to "spot zoning," said homeowners' attorney William Gast.

Gast argued at trial that city officials violated sound city planning principles to reap a tax windfall from the project.

Gast said the appeal will hinge on a 1958 Nebraska Supreme Court case involving Grand Island. The Grand Island City Council had rezoned residential land to allow a Nash-Finch grocery chain store. The ruling in that case prohibits a city from spot zoning a property, without regard to planning considerations, simply to benefit a business or landowner

Randy Burns, one of the Hickory Estates homeowners, said he was "obviously disappointed" by Thompson's ruling.

After the ruling was announced, lawyers for the city, landowner and developer filed motions asking that the homeowners be required to post $7.4 million with the court to cover damages caused by delays in the project.

The money would be held by the court and used to reimburse the city, landowner and developer if higher courts affirm Thompson's decision, said Mike Schirber, the city's lawyer.

Blinn said the lawsuit has already delayed the project two months. He said the delay has cost the city nearly $342,000 in lost tax revenues from the project, legal fees, staff time and other costs.

Attorneys for the homeowners said requiring such a bond would be unusual in such a case.

Joni Woodruff, one of the homeowners, said she is more committed than ever to take the issue to a higher court.

Woodruff said money she is spending on the lawsuit is a fraction of the money she would lose from her property value if the project is built.

The homeowners have solicited donations for legal bills through the ProPapillion Web site and with a flyer mailed to residents in the area.

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