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Z-5668-G Staff AnalysisJune 25, 2009 ITEM NO.: 8 FILE NO.: Z_ -5668-G NAME: Home Depot — Revised Conditional Use Permit LOCATION: 12610 Chenal Parkway OWNER/APPLICANT: Home Depot USA PROPOSAL: A revision to the previously approved conditional use permit is requested to allow for additional outdoor storage and staging areas for materials and merchandise. The 14.7± acre tract is zoned C-3. ITE LOCATION: The property is located on the north side of Chenal Parkway, at its intersection with West Markham Street. 2. COMPATIBILITY WITH NEIGHBORHOOD: 3 The property is located within the intensely commercial area around the Chenal Parkway/Markham Street intersection. The immediate area is characterized by multiple commercial uses on C-2, C-3 and PZD zoned properties. The uses include big box retail, automobile sales and services and numerous other larger and smaller commercial businesses. An area of PR zoned floodway borders the site on the north. The use of the site as a home center is compatible with uses and zoning in the area. Staff does have concerns about the specific aspects of this revised C.U.P. All owners of properties 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. ON SITE DRIVES AND PARKING: The existing home center and enclosed and unenclosed garden center areas contain a total of 135,342 square feet; requiring 367 on-site parking spaces. The site contains 582 parking spaces. Nine (9) of those spaces located in front of the contractor's entrance are used for equipment rental display. Ten (10) spaces located east of the garden center are proposed to be lost to unloading and staging of landscape goods. 4. SCREENING AND BUFFERS: Site plan must comply with the City's landscape and buffer ordinance requirements. June 25, 2009 ITEM NO.: 8 Cont.) FILE NO.: Z -5668-G All on site fencing, landscaping, and dumpster enclosures must be in good condition or replaced/repaired in conjunction with this application. 5. PUBLIC WORKS COMMENTS: No Comments. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available to this project. Entergy: No comment received. CenterPoint Energy: Approved as submitted. AT&T (SBC): No comment received. Water: Care must be taken not to disrupt fire department access or access to fire hydrants. A minimum of three (3) feet of clearance is required on all sides of fire hydrants. Fire Department: Approved as submitted. County Planning: No Comments. CATA: The site is located on a CATA bus route. SUBDIVISION COMMITTEE COMMENT: (JUNE 4, 2009) Dana Hawkins, Home Depot store manager, was present. Staff presented the item and noted some additional information was needed. Staff asked what specific time frame was requested for each of the additional outdoor storage areas, if it was to be seasonal or year-long. Staff asked what measures would be taken to contain the additional areas. Utility and Landscape Comments were noted. Staff stated all on site fencing and landscaping must be in good condition or replaced/repaired. Central Arkansas Water commented that care must be taken not to disrupt Fire Department access or access to fire hydrants. The applicant was advised to respond to staff issues by Wednesday, June 10, 2009. The Committee forwarded the item to the full Commission. 2 June 25, 2009 ITEM NO.: 8 (Cont. STAFF ANALYS FILE NO.: Z -5668-G On March 23, 1993, the Planning Commission approved a conditional use permit to allow a home center on this C-3 zoned property. The C.U.P. was originally approved for a Lowe's home center, which was not constructed. Home Depot developed the site based upon the approved C.U.P. One condition of the approved C.U.P. was that the area of outdoor storage and display was to be limited to the fenced -in garden center shown on the plan. No additional outside display, seasonal or otherwise, was approved for the site. On March 19, 1998, the Commission approved a revision to the C.U.P. 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. On July 29, 2004, the Commission approved a further revision to the C.U.P. to allow replacement of the temporary seasonal display area with a permanent expansion of the garden center. The slab was extended and the area was to be enclosed by a 20 -foot tall, vinyl coated chain link fence to match the existing garden center. The area was to be uncovered and used on a year-round basis. Home Depot also proposed to continue the year round, static display of merchandise on the sidewalk directly in front of the store. Home Depot also proposed to use 3 parking spaces located in front of the contractor's entrance to display small trailers for sale. Home Depot is now requesting approval of further revisions to the C.U.P. to allow additional outdoor areas for storage and staging of merchandise and materials. An area of approximately 1,125 square feet located on the west side of the building is proposed to be used for unloading concrete bag goods and staging of product to be brought into the store. This is to be a permanent staging area and used year round. An area of approximately 2,500 square feet located on the north side of the building is proposed to be used for permanent, year round storage of plant racks, pallets and recycled cardboard. An area of approximately 3,630 square feet located east of the open garden center is proposed to be used for unloading and staging of landscape bag goods from March 1 through August 31 annually. An area of approximately, 4,520 square feet located north of the open garden center is proposed to be used storage and display of pave stone and rock bag goods from March 1 through August 31 annually. 3 June 25, 2009 ITEM NO.: 8 (Cont.) FILE NO.: Z -5668-G Staff is not supportive of the proposed revision to the C.U.P. Staff did support the 2004 revision, thinking that expanding the garden center would be preferable to maintaining the temporary, seasonal display. Staff felt that enclosing the outdoor display area within the expanded, fenced garden center was less unsightly than the previously approved, temporary option. At the 2004 Commission meeting, the store manager and district manager for Home Depot stated the new addition would include a loading area at the rear to help reduce congestion at the front of the store where customers load their vehicles. That does not appear to be the case as there is still substantial congestion in front of the store. Additionally, the Home Depot representative stated they would not be coming back asking for additional temporary, outside, seasonal display. Since 2004, the areas of outdoor display and storage have expanded into the areas included in this application. The store has been cited for the violation. The additional areas of outdoor storage and staging are, in staff's opinion, unsightly and will lead to additional congestion around the store. Staff believes no further expansion of outdoor storage, staging or display should be permitted. STAFF RECOMMENDATION: Staff recommends denial of the application. PLANNING COMMISSION ACTION: (JUNE 25, 2009) The applicant, store manager Dana Hawkins, was present. There was one objector present. Staff presented the item and a recommendation of denial. Vice -chair Yates noted there were only 6 Commissioners present. He asked the applicant if he wished to defer to a later date in hopes that more Commissioners might be present. Mr. Hawkins responded that he wished to proceed. Mr. Hawkins stated he had been at the store for four years and could not speak to any statement by prior management that they would not request additional outside display. He stated he tried to keep the store site clean. Mr. Hawkins stated the store's business had expanded since 2004 and it now generated $44,000,000.00 in annual sales. He stated he had to have product in stock to meet customers' demands. Mr. Hawkins explained the need for the various areas of outside storage and staging. He stated the outside staging areas would allow daytime delivery with store stocking after hours, after customers have left. Ruth Bell, with the League of Women Voters, spoke against the item. She stated this site keeps coming back to Commission, again and again, each time asking for more. Ms. Bell stated the areas of outside display were unsightly and unsafe. N June 25, 2009 ITEM NO.: 8 (Cont. FILE NO.: Z -5668-G Ms. Bell stated the zoning did not allow for outside display. She noted other businesses in the area were also not allowed outside display and storage. She stated the Commission needed to decide if this was an indoor use with limited outside use or and outdoor use such as a lumberyard. Ms. Bell stated this site keeps coming back to the Commission with the same issue and was not working under the current conditional us permit. Mr. Hawkins responded that the store was very safety conscious. He stated it was hard to find a balance between providing service to his customers and complying with the conditions of the C.U.P. Commissioner Rouse noted that this was an ongoing issue. He asked why Home Depot did not enclose the areas. Mr. Hawkins responded that the areas were not really shopping areas, that they were staging areas. Vice -chair Yates asked Mr. Hawkins if the currently proposed plan met the store's needs. Mr. Hawkins responded that the site would be maxed out under this plan. Vice -chair Yates asked what would happen of the proposal was not approved. Mr. Hawkins responded it would result in an inability to provide the needed level of service which could lead to a loss of income and jobs for the store. Vice -chair Yates asked if Mr. Hawkins understood that approval would require repair of landscaping on the site. Mr. Hawkins stated he understood that. He stated the landscaping east of the store could also be enhanced. A motion was then made to approve the application, subject to compliance with all staff comments and conditions, except the recommendation of denial. The motion failed with a vote of 4 ayes, 2 noes and 5 absent. li