Legal notice oversight delays Walmart hearing

Because of an Orange County Review clerical oversight, the Walmart special use permit hearing before the Orange County Board of Supervisors Monday night was canceled.
Monday afternoon, Orange County’s acting administrator Julie Jordan announced the cancellation of the much-anticipated public hearing, “out of an abundance of caution.”
She said both public hearings (the planning commission hearing and the board of supervisor hearing) will be re-advertised.

The board is expected to consider a revised public hearing schedule at its regular meeting Tuesday night.

Chairman Will Likins called a planning commission meeting for Thursday to schedule a new public hearing in August.

The national retail giant announced plans last year to build a 138,000-square-foot supercenter slightly north of the intersection of Route 3 and Route 20. Since then, the proposed store has been the center of a debate which has included Hollywood celebrities, politicians, historians and preservationists, from Orange County and across the country.

While the 51-acre tract is already zoned for commercial use, Walmart must comply with the county’s large retail use ordinance which requires county approval for retailers in excess of 60,000 square feet. Walmart filed for a special use permit earlier this year.

The Orange County Planning Commission held its own public hearing in May on the special use permit in which about 80 spoke either in favor or in opposition to the project.
However, Monday morning, county planning department staff notified the paper that the original planning commission public hearing legal notice had appeared only once in the paper instead of twice as requested and required.

Orange County Review Advertising Director Nancy Embree confirmed the advertisement appeared in the May 7 issue, but did not publish May 14, a week prior to the hearing.
An email from the county planning office with the legal notice attached indicated the ad should appear for two weeks. It only published once. Review advertising staff confirmed the error and sent a letter of explanation to the planning office.

However, because of the sensitivity of the proposed project and the local, regional and national attention it has garnered, county officials suggested both hearings be rescheduled.
“The Orange County Review apologizes for this oversight,” Embree said Monday afternoon. “It is embarrassing that a mistake like this occurred on such a high-profile hearing as the Walmart special use permit request.

“We’ve been in business 78 years, publishing dozens of legal notices weekly with few missteps and mistakes,” she added. “Again, it is unfortunate we should make one on such an important and critical issue as the proposed Walmart. We apologize to the county administration, Walmart and the community.”