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HomeMy WebLinkAboutZ-3442-J Staff AnalysisMay 6, 2004 ITEM NO.: 12 FILE NO.: Z -3442-J NAME: Wal-Mart — Conditional Use Permit LOCATION: 8801 Baseline Road OWNER/APPLICANT: Wal-Mart Stores, Inc./Jason Mans, Store Manager PROPOSAL: A revised conditional use permit is requested to allow for an expansion of the area in the parking lot that is devoted to outdoor — seasonal display. The property is zoned C-3 and 1-2. SUBDIVISION COMMITTEE COMMENT: (APRIL 15, 2004) A representative of the Wal-Mart Store was present. Staff presented the item and asked the applicant to provide information on the treatment of the perimeter of the display area (barricade, fencing, signage). Staff presented a history of the seasonal display area. Commissioner Adcock voiced concerns about traffic congestion around the display area and the number of revisions to its conditional use permit that Wal-Mart had requested. The applicant stated signage could be placed along the driveways in the vicinity of the display area to help direct traffic. It was noted that there were no Public Works or Landscape Comments. The applicant was advised to respond to staff issues by April 21, 2004. The Committee forwarded the item to the full Commission. STAFF ANALYSIS: A 199,140 square foot Wal-Mart Supercenter is located on the 21+ acre lot at 8801 Baseline Road. The site also contains an 849 space parking lot. The southern portion of the site, where the building and a portion of the parking lot are located, is zoned 1-2. The northern portion of the lot, containing the remainder of the parking lot and detention areas, is zoned C-3. A conditional use permit was first approved in February 1992 to allow construction of the Wal-Mart. The conditional use permit was revised September 1992 to allow an expansion for food sales. In November 1992, the conditional use permit was further revised, eliminating the proposed expansion and making some other changes to the site plan. In August 1997, after the store was built, the -conditional use permit was revised to allow an area of outdoor -seasonal sales in an area encompassing 30 parking spaces for a period of 120 days each year and to allow for the use of trailers behind the building for seasonal layaway storage. In April 1998, the conditional use permit was revised to allow the expansion into a Supercenter. There was no change in the outdoor -seasonal May 6, 2004 ITEM NO.: 12 (Cont. FILE NO.: Z -3442-J display or trailer storage. In April 1999, the conditional use permit was revised to allow the outdoor -seasonal sales area to be expanded to encompass 40 parking spaces and to allow sidewalk merchandise display. The approval was for 150 days each year and allowed the outdoor display area to be equal to 105% of the building's fagade area. There was no change in the 120 days each year approved for use of the layaway trailers. On April 3, 2003, the conditional use permit was revised to allow the area of outdoor -seasonal sales to be 258 days each year, January 1 through September 15. No expansion of the outdoor - seasonal sales area was proposed and no change was proposed in the 120 days per year for the layaway trailers. The outdoor -seasonal sales was to remain in the location previously approved; on the sidewalk and in the parking lot near the building's northwest corner. No tents or other structures were to be erected in conjunction with the outdoor -seasonal sales. On March 25, 2004, the Commission approved a revision to the conditional use permit allowing for construction of two glazed canopies in the area at the northwest corner of the store to be utilized for garden center sales during seasonal months and overflow storage during holiday months. The revision also included the construction of a chainlink/shade cloth outdoor garden center directly in front of the store, on a sidewalk area adjacent to the garden center. During the review for the most recent revision, staff was made aware that Wal- Mart had expanded the area of parking lot, outdoor -seasonal display across a driveway, onto an additional 16 parking spaces. Wal-Mart was issued a notice for the violation and subsequently filed for this revised C.U.P. No change is proposed to the allowable 258 days each year for outdoor -seasonal display. Staff is not supportive of the requested additional outdoor -seasonal display area. The previously approved display area is located in an off -set of the parking lot, outside of the main customer parking and driveway area. As proposed, the display area crosses a driveway and is located in the main parking lot, in the vicinity of one of the two entrances at the front of the store. Loading of merchandise in the new area will likely impact the driveways on either side of the display, further compounding traffic circulation problems in the area. The Commission's March 25, 2004 action allowed for the expansion of permanent garden -seasonal display directly adjacent to the store. There is no bill of assurance issue. The area of the outdoor -seasonal display is to be enclosed by a low fence constructed of cinder blocks and landscape timbers. Wal-Mart has stated they will erect signage to help guide customers through the parking lot around the display area. The West Baseline and SWLR United for Progress Neighborhood Associations, all owners of property located within 200 feet of the site and all residents within 300 feet who could be identified were notified of this request. 2 May 6, 2004 ITEM NO.: 12 Cont. FILE NO.: Z -3442-J STAFF RECOMMENDATION: Staff recommends denial of the application. PLANNING COMMISSION ACTION: (MAY 6, 2004) The applicant was present. There were several objectors present. Staff presented the item and a recommendation of denial. Willie Sawyer representing the Wal-Mart Store, stated Wal-Mart had transferred some of its merchandise off of the lot and had cancelled some future deliveries of merchandise. He stated there was congestion on the site due to a construction project and good weather bringing many customers to the seasonal display area. Mr. Sawyer stated there really was not a traffic problem on the site and the parking lot was not full other than the period from Thanksgiving through Christmas. Janet Berry, of SWLR United for Progress, stated the West Baseline Neighborhood Association had voted to oppose the application. She stated the store was very busy and there was much traffic on the site. Ms. Berry stated the store appeared not to care about the community. She stated the landscaping was dying and the parking lot was dirty. Ms. Berry stated many area residents drove by the store to shop at Wal-Mart in Bryant. Ruth Bell, of the League of Women Voters, stated she was concerned about the numerous times the original Conditional Use Permit had been amended. She stated the outdoor display area could be unsightly and leave a negative impression. Mr. Sawyer responded that Wal -Mart's Associates take pride in their store and attempt to meet their customers' needs and shopping demands. Commissioner Floyd stated this Wal-Mart used to be a good neighbor but something happened. Commissioner Lowry asked why the Commission should believe Wal-Mart is going to live within this proposed area when the store has previously not lived within the allotted space. Mr. Sawyer stated he could not speak for previous management but the store would commit to complying with the Commission's action. A motion was made to approve the application, as filed. The motion failed with a vote of 1 aye, 10 noes and 0 absent. 3