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HomeMy WebLinkAboutZ-3459-H Staff AnalysisMarch 25, 2004 ITEM NO.: L FILE NO.: Z -3459=H NAME: Home Depot — Revised Conditional Use Permit LOCATION: Mabelvale Plaza at 1-30 OWNER/APPLICANT: Home Depot USA, Inc./Greenberg Farrow Architecture PROPOSAL: A revision to Home Depot's previously approved conditional use permit is requested to allow for the removal of a portion of a 50 foot wide land use buffer along the site's western perimeter. BLIC NOTIFICATION: All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified and the SWLR United for Progress, Pinedale and Mavis Circle Neighborhood Associations were notified of the request. SUBDIVISION COMMITTEE COMMENT: (FEBRUARY 19, 2004) The applicant was present. Staff presented the item and noted the plan needed to be modified to more clearly show the proposed new property line, the location of the Home Depot sign and the width of the remaining landscape strip on the western perimeter. There were no other issues. The Committee forwarded the item to the full Commission. STAFF REPORT: On April 3, 2003, the Planning Commission approved a conditional use permit allowing Home Depot to construct a new home center on this C-3 zoned 12t acre tract. The approved development included a 102,513 square foot building, 34,643 square feet of garden center and 426 parking spaces. Parking has since been expanded to 458 spaces. At the time of the original approval, the properties adjacent to the west (between Home Depot and Mabelvale Pike) were all zoned R-2 Single Family. Home Depot was required to place a 50 -foot wide buffer and a 6 foot tall screening fence along its west perimeter where adjacent to the residential properties. Since that date, some of the adjacent properties have been rezoned to C-3. A preliminary plat application has been filed to subdivide those adjacent properties into new commercial lots. A portion of the Home Depot property is proposed to be added to the new lots through this plat. See file No. S -993-K, Mabelvale March 25, 2004 ITEM NO.: L FILE NO.: Z -3459-H Business Park and Shopping Center revised preliminary plat, which is also on this agenda. Home Depot is requesting approval of a revision to its C.U.P., allowing up to 40 feet of the western buffer to be eliminated and that area to be removed from the Home Depot site and added to the new lots. The proposed change only affects the portion of the Home Depot site which is adjacent to the C-3 zoned properties. The required buffer and screening will remain in place where the adjacent properties are zoned R-2. Staff is supportive of the revision. Since the adjacent properties are now zoned C-3, no land use buffer or screening are required. A 10 -foot wide landscape strip will remain along the affected portion of the Home Depot site; exceeding the Landscape Ordinance minimum requirement of a 9 foot strip. On February 25, 2004, the applicant submitted a revised site plan clearly showing the new property line, landscape strip and sign location. All comply with Ordinance standards. To staffs knowledge there are no outstanding issues. STAFF RECOMMENDATION: Staff recommends approval of the requested revision subject to compliance with the conditions previously required when the C.U.P. was originally approved on April 3, 2003 (Z -3459-F). PLANNING COMMISSION ACTION. (MARCH 11, 2004) The applicant was not present. There were no objectors present. Staff informed the Commission that the applicant had failed to send the required notices and the item needed to be deferred. There was no further discussion. The item was placed on the Consent Agenda and approved for deferral to the March 25, 2004 Commission meeting. The vote was 9 ayes, 0 noes and 2 absent. PLANNING COMMISSION ACTION: (MARCH 25, 2004) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval subject to compliance with the conditions outlined in the "Staff Recommendation" above. There was no further discussion. 2 March 25, 2004 ITEM NO.: L Cont. FILE NO.: Z -3459-H The item was placed on the Consent Agenda and approved as recommended by staff. The vote was 10 ayes, 0 noes and 1 absent. 3