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:
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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.
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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.
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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.
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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.
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