Z-5668-E Staff AnalysisJuly 29, 2004
ITEM NO.: 16 FILE NO.: Z -5668-E
NAME: Home Depot — Revised Conditional Use Permit
LOCATION 12610 Chenal Parkway
OWNER/APPLICANT: Home Depot USA, Inc./Casco
PROPOSAL: A revision to the previously approved conditional use
permit is requested to allow for an expansion of the
garden center and to allow for an area of outdoor
display of storage buildings and trailers. This 16+
acre site is zoned C-3.
1. SITE LOCATION:
The site is located at the intersection of West Markham Street and Chenal
Parkway.
2. COMPATIBILITY WITH NEIGHBORHOOD:
The property is located within the intensely commercial area around the
Chenal Parkway/West Markham Street intersection. The immediate area
is characterized by multiple commercial uses on C-2, C-3 and PZD zoned
properties. Automobile sales businesses are located adjacent to the east
and across the Parkway to the south. A "big box" retail store and a strip
shopping center are located to the west. Multiple commercial uses are
also located to the southwest and southeast. A "PR" zoned floodway
borders the site on the north. The proposed changes will not affect the
site's continued compatibility with the area.
All owners of property located within 200 feet of the site, all residents
within 300 feet who could be identified and the Parkway Place and
Gibralter Heights Neighborhood Associations were notified of this request.
3. ON SITE DRIVES AND PARKING:
The existing Home Center and garden center contain a total of 129,102
square feet; requiring 350 on-site parking spaces. The proposed 6,240
square foot garden center expansion requires an additional 20 parking
spaces. The site contains 582 parking spaces. Three of those will be lost
to trailer display. No other changes are proposed to the existing parking
and drives.
July 29, 2004
ITEM NO.: 16 _(Cont.) _ FILE NO.: Z -5668-E
4. SCREENING AND BUFFERS:
No Comments.
5. PUBLIC WORKS COMMENTS:
No Comments.
6. UTILITY. FIRE DEPT. AND CATA COMMENTS:
Wastewater: Sewer available, not adversely affected.
Entergy: Approved as submitted.
CenterPoint Energy: No Comments received.
Southwestern Bell: No Comments received.
Water: No objection.
Fire Department: If the expanded area is covered, sprinklers may be
required.
County Planning: No Comments.
CATA: The site is located on a CATA bus route.
SUBDIVISION COMMITTEE COMMENT: (JULY 8, 2004)
Steve Dahms was present requesting the application. Staff noted a revised site
plan had been submitted the previous day which showed the specific areas of
storage building and trailer display. There were no other comments.
The Committee forwarded the item to the full Commission.
STAFF ANALYSIS:
On March 23, 1993, the Planning Commission approved a conditional use permit
to allow for development of a home center on this C-3 zoned property. The
conditional use permit was originally approved for Lowe's Home Center. The
Lowe's store was never built and Home Depot developed the site based upon
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July 29, 2004
ITEM NO.: 16 Cont. RLE NO.: Z -5668-E
the approved conditional use permit. One condition of the approval was that the
area of outdoor display/storage was to be limited to the fenced in garden center
shown on the plan. No additional outside display, seasonal or otherwise, was
approved.
On March 19, 1998, the Commission approved a revision to the conditional use
permit to allow static outdoor display on the sidewalk directly in front of the store
and to allow a 60'X 100' area of temporary, seasonal display to be located
adjacent to and east of the garden center. This 6,000 square foot area was to
be used for seasonal display of bagged goods such as mulch and fertilizers and
other seasonal merchandise. The seasonal display was to be limited to 120
days per year. A temporary chain-link fence was to be erected around the area
which was to be removed after the 120 day display period.
Home Depot now proposes to replace that temporary seasonal display area with
a permanent expansion of the garden center. The concrete slab is to be
extended and the area will be enclosed by a 20 feet tall, vinyl coated chain link
fence to match the existing garden center. The expanded area measures 52'X
120'. The area will be uncovered and will be used on a year-round basis. Home
Depot also proposes to continue the static display of merchandise on the
sidewalk directly in front of the store. This area is used to display model sheds,
seasonal merchandise and items such as lawn equipment. Home Depot
proposes to use 3 parking spaces near the contractor's entrance to display small
trailers for sale. No changes are proposed to the existing driveways or parking
lot.
Staff is supportive of the requested amendment to the conditional use permit.
The proposed garden center expansion is located on the same area previously
approved for 120 days of temporary, seasonal display. The permanent
expansion should be less unsightly than the temporary use area. The garden
center expansion should not affect the store's continued compatibility with the
surrounding commercial uses. The three parking spaces proposed for trailer
display are located near the front of the store, at the contractor's entrance. The
trailer display will not impact the driveways or traffic circulation. Staff supports
the use of these three parking spaces for trailer display. There is no bill of
assurance issue.
At the time of the 1998 revision, concerns were raised by nearby residential
property owners that Home Depot was not properly maintaining the landscaping
on the site. Any missing or dead landscape materials, including those specified
in the 1998 agreement between Home Depot and the neighborhood, must be
replaced.
�K
July 29, 2004
ITEM NO.: 16 (Cont.) FILE NO.: Z -5668-E
STAFF RECOMMENDATION:
Staff recommends approval of the requested revision to the conditional use
permit to allow an uncovered expansion of the garden center, the static display
on the sidewalk in front of the store and the use of 3 parking spaces for trailer
display subject to compliance with the following condition:
1. All missing or dead required landscape materials, including these specified in
the 1998 agreement between Home Depot and the neighborhood, are to be
replaced.
PLANNING COMMISSION ACTION: (JULY 29, 2004)
Kevin Harms was present, representing Home Depot. There was one objector
present. Staff presented the item and a recommendation of approval subject to
compliance with the condition outlined in the "Staff Recommendation" above.
Commissioner Lowry asked why the City was enforcing the provisions of an
agreement made between Home Depot and its neighbors. Dana Carney, of the
Planning Staff, responded that compliance with that agreement was a condition
of the previous conditional use permit approval and was being carried forward
with this application.
The Commission noted that there were traffic problems associated with
customer loading located directly in front of the garden center. Darrin Lomas
and Mark Brown, store manager and district manager for Home Depot
respectively, responded that the new addition would include a loading area at the
rear which should help reduce congestion at the front of the garden center.
Kathleen Oleson, of the League of Women Voters, commented that Home Depot
was a wonderful corporate citizen but, when temporary outdoor seasonal display
is approved, it should be temporary.
Kevin Harms responded that what was being requested was more in the nature
of a permanent addition, to replace the area of temporary, seasonal display. In
response to a question from the Commission, Mr. Harms stated Home Depot
would not be coming back asking for additional temporary, outside, seasonal
display.
A motion was made to approve the application as recommended by staff. The
motion was approved by a vote of 9 ayes, 0 noes and 2 absent.
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SUBDIVISION COMMITTEE COMMENTS
JULY 8, 2004
16 HOME DEPOT REVISED C.
Planning Staff Comments:
1. Original Home Depot C.U.P. allowed outdoor display only in the 27,972 square foot garden center, a
subsequent amendment allowed seasonal sales of 120 days a year in an additional fenced -in area_
2. No approval has been sought or given for outside display of trailers and storage buildings. If such is
requested, specify it and indicate specific areas on the site plan.
VariancelWaivers:
■ None requested.
Public Works:
I. No Comments.
Utilities and Fire De artment/Coun Plan m .
Wastewater: Sewer available, not adversely affected.
Entergy: Approved as submitted.
Reliant: No Comments received.
Southwestern Bell: No Comments received.
Water: No objection.
Fire Department: If the expanded area is covered, sprinklers may be required.
County Planning: No comments.
CATH: The site is located on a CATA bus route.
PlanninDivision: No Comments.
Landsca No Comments.
Other: Submit responses to staff issues and four (4) copies of revised site plan no later than Wednesday July 14,
2004.
Staff Recommendation:
Staff recommends approval of --the' requested amended conditional
use permit to Allow seasonal outside sales and sidewalk display
subject to compliance with the provisions of Section 36-298(4).
SUBDIVISION COMMITTEE COMMENT:
(FEBRUARY 26, 1998)
James Telford, assistant store manager for Home Depot, was
present. Staff presented the item. In response to a question
from staff, Mr. Telford stated that the area of seasonal display
would be enclosed by a temporary chainlink fence and that the
fence would be removed after the seasonal display was removed.
PLANNING COMMISSION ACTION:
(MARCH 19, 1998)
Derek Gilpin, the Home Depot store manager, was present
representing the application. There were nine objectors present.
Staff presented the proposal including the information regarding
the previous conditional use application for a larger outside
display area and its status.
Staff made the point that this proposal does now conform with
ordinance standards in Section 36-298(4) for seasonal display and
sidewalk display in commercial districts.
Anne Borg, director of the St. Charles Community Association and
a member of .the Rock Creek Area Planning Task Force, addressed
the Commission in opposition to the application. She spoke for
all of the nine persons present in opposition.
She stated that they had reached an agreement with Mr. Gilpin
regarding landscaping improvements and keeping them maintained,
keeping the parking areas cleaned up, and not stacking items in
the display area higher than the 8 foot fence which will surround
the display area. If these improvements are adhered to, that
will satisfy their concerns, she stated.
A
Ruth Bell with the League of Women Voters also spoke in j
opposition. Their concern was that this was revising a F�
conditional use permit that was granted less than 5�[�
y
She asked if there is some criteria to use to decidewhen ago.
revisions are OK or not. 1/0
Chairman Lichty responded first that he does not feel the process
of going through this public hearing is all that easy. Secondly,
he stated you can update and amend conditional use permits, there
is nothing unique about that. The Chairman said he would hate to
say the Commission would never amend --1'
itional use permit,
3V �/ / 0-)-s
JC/aa
wont.
• FILE NO.: z�5668-a
WW
was�=ded
,bounds like what Ms. Bell was suggesting. Ruth Bell
by saying that is not what they are
Just 'callrxt to make sure there is some rationale aski these . They
especially when there is a relatively short -time changes,
original permit was granted, after the
in response to a question b
Opposition, chairman Licht Y Y Mark Johnson, representin
landscaping would be stated that the a g the
permit. On record as a greeonent
di about
Part of the c the
condiuse
Commissioner Nunnley asked how the landscaping modifications
agreed to were related to the conditional use
Mr. Giles, De permit.
landscaping modifications responded b
made conditions
if these
use permit, they would have to be met, of the conditional
would be grounds for revoking the Permit. If not met, then that
Commissioner Earnest made the
Point
receive .a copy of the agreed tolandscaping -pl-Pl would need to
an .
Chairman Lichty made Po the point with 6
writing his consent to e th Mr. Gilpin about
ose
satisfy the objections raised, and things agreed to Providing in
t° this conditional use and make it pain order to
writing. Permit. Mr, rt of the conditions
Gilpin agreed to do this in
commissioner Putnam asked if
the in the application. Staff assured lh merlk pY had always been
it had always
Commissioner Rahman asked been there.
relation the sidewalk diabout the meaning of static display in
requested sidewalk dis la Y area. Staff agreed that
ordinance. P Y area met the reqn uirements i t the
the
A motion was made to approve the a
the staff recommendations and application as made
with the neighborhood to include the agreement to include
ghborhood association as to landscaping
an reached
0 noesnande0tabsent. The motion passed by a vote Of 11 ayes,
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