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HomeMy WebLinkAboutZ-4423-E Staff AnalysisNovember 29, 2001 ITEM NO.: 9 FILE NO.: Z -4423-E NAME: Wal-Mart Conditional Use Permit LOCATION: 700 S. Bowman Road OWNER/APPLICANT: Wal-Mart PROPOSAL: A conditional use permit is requested to allow use of 30 temporary/seasonal storage trailers for the storage of layaway and Christmas merchandise each year from October 1 through January 1 (90 days). The property is zoned C-3. ORDINANCE DESIGN STANDARDS: 1. SITE LOCATION: The site is located at the southwest corner of Bowman Road and Chenal Parkway. 2. COMPATIBILITY WITH NEIGHBORHOOD: The storage containers are kept behind the Wal-Mart Store, in a "well" created by the store and the retaining wall/buffer located across the rear of the site. The containers are not visible from abutting properties. Placement of the containers should have no effect on the store's compatibility with the neighborhood. All owners of property located within 200 feet of the site, all residents within 300 feet who could be identified and the Gibralter Heights and Birchwood Neighborhood Associations were notified of this request. As of this writing, staff has received no comment. 3. ON SITE DRIVES AND PARKING: No changes are proposed in the existing parking/drives. The containers are located behind the building and some of them are located on the service drive. Twenty feet of driveway clearance is maintained. November 29, 2001 ITEM NO.: 9 (Cont.) FILE NO.: Z -4423-E 4. SCREENING AND BUFFERS: Areas set aside for buffers and landscaping meet and exceed ordinance requirements. 5. PUBLIC WORKS COMMENTS: No Comments. 6. UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Sewer available, not adversely affected. Entergy: No Comments received. ARKLA: No Comments received. Southwestern Bell: No Comments received. Water: The Little Rock Fire Department needs to evaluate this proposal. It appears that the containers may hamper access to fire protection facilities. Fire Department: Do not block any sprinkler FDC's or fire hydrants. CATA: Project site is located on bus route #5 but has no effect on bus radius, turnout and route. 7. STAFF ANALYSIS: Wal-Mart operates a discount retail store located at 700 South Bowman Road in Little Rock, Arkansas. Wal-Mart offers a layaway program for its customers, wherein citizens of Little Rock can pay money down on their Christmas purchases, and then pay off those purchases over a ninety- (90) day period. Because of the demand for this service, Wal-Mart must utilize thirty- (30) temporary/seasonal storage trailers for the excess layaway and Christmas merchandise, each year. Wal-Mart proposes to utilize no more than thirty- (30) temporary/seasonal trailers behind its store, from 2 November 29, 2001 ITEM NO.: 9 (Cont.) FILE NO.: Z -4423-E October through January 1st of each year. After the temporary/seasonal trailers are removed, the grass will be re -seeded. Staff believes the request is reasonable. The containers are located in the service area behind the store. Due to the presence of a retaining wall, privacy fence and a 50 - foot open space strip, the containers are not visible from adjacent properties behind the site. The applicant will plant a dense landscape screen along the north perimeter of the service area to further screen that area from Chenal Parkway. The screening has been extended beyond the containers to cover the entire north perimeter of the =' service area. Some of the containers are on the service drive adjacent to the back wall of the store. A 20 -foot driveway remains. The applicant must satisfy Fire Department requirements that sprinkler FDC's and hydrants are not blocked. The grassy area where some of the containers are located will be reseeded each year after the containers are removed. That area may be paved since it is not part of any required landscape or buffer area. On November 141 2001, the applicant submitted a revised site plan showing the landscaping on the north perimeter of the service area as requested by staff. 8. STAFF RECOMMENDATION: Staff recommends approval of the requested conditional use permit subject to compliance with the following conditions: 1. The landscape screen along the north perimeter of the service area must be installed as proposed. 2. Compliance with Fire Department Comments 3. The grassy area used for placement of some of the storage containers must be resodded within 30 days of removal of the containers each year and properly maintained. If not, the area must be paved or the issue will be brought back to the Commission for reconsideration. 3 November 29, 2001 ITEM NO.: 9 (Cont. SUBDIVISION COMMITTEE COMMENTS: FILE NO.: Z -4423-E (NOVEMBER 8, 2001) Charles Hanson and Scott Sanders were present representing the application. Staff noted that a portion of the area used for placement of the storage containers was a grassy area that could be paved since it was not part of any required landscape or buffer strip. Staff also asked that screening be placed along the north perimeter of the service area to further screen the storage containers from Chenal Parkway. The applicants responded that they were unsure if Wal-Mart would pave the area in question or reseed it with grass. They stated they would provide screening along the north perimeter. Fire Department Comments were noted. The applicants stated they would work with the fire officials to assure that their concerns are addressed. The Committee determined there were no other issues and forwarded the item to the full Commission. PLANNING COMMISSION ACTION: (NOVEMBER 29, 2001) 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. Scott Sanders, store manager, identified himself and made himself available to answer questions. Commissioner Rector asked where the containers went the rest of the year. Mr. Sanders responded that they were leased and returned to the leasing company. Commissioner Floyd noted that staff's write-up described the containers as being located behind the store when, in fact, two of the containers were located to the side of the store. Ruth Bell, of the League of Women Voters, questioned whether the containers would inhibit use of the service drive. She also expressed concern about the two containers located to the side of the store. Mr. Sanders responded that the containers did not block the service drive and he could look at moving the two containers from the side of the store. 4 November 29, 2001 ITEM NO.: 9 (Cont.) FILE NO.: Z -4423-E Commissioner Berry commented that other retailers did not have to use containers in this manner and Wal-Mart should do a better job -of planning for additional storage space. Commissioner Muse asked what would happen if the other Wal -Marts wanted to do something similar. Dana Carney, of the Planning Staff, noted there was only one other Wal-Mart in Little Rock and the Planning Commission had approved the use of storage containers at that store in 1997. Commissioner Rahman stated he agreed with Commissioner Berry that Wal-Mart needed more store space, not temporary storage containers. Commissioner Rector commented that a store with more square footage would require more parking under Little Rock's Zoning Ordinance. He stated he felt this might be a better solution; with the containers hidden by a retaining wall and a landscaped buffer. In response to a question from Commissioner Floyd, Jim Lawson, Director of Planning and Development, stated the containers would have to be located as shown on the approved plan. Commissioner Faust commented that she had seen similar containers at other store sites. Staff commented that those containers were sometimes used to hold construction materials and equipment during a remodeling project. In response to questions from Commissioner Allen, Mr. Sanders stated he was not sure how many containers were used at the Baseline Road Wal-Mart. Mr. Sanders stated the number of containers was determined by projecting anticipated layaway and storage needs at each store. Commissioner Rahman commented that Wal-Mart needed to find industrial warehouse space. In response to a question from Commissioner Lowry, Mr. Sanders stated the containers would be removed in the timeframe requested and any unclaimed or unpaid layaway merchandise would be returned to the store. 5 November 29, 2001 ITEM NO.: 9 (Cont. FILE NO.: Z -4423-E Commissioner Lowry asked if 30 containers was the maximum or minimum number needed. Mr. Sanders responded that 30 was the exact number needed for this store. Commissioner Lowry asked how Wal-Mart had handled the issue in the past. Mr. Sanders responded that containers had been used in previous years. He stated Wal-Mart was providing a service to its customers by allowing layaways. Chairman Downing commented that he had no particular problem with this specific request since the containers were hidden between the back of the store and the retaining wall. He stated his concern was one of setting a precedent; determining the appropriate criteria for dealing with similar requests. He asked why the issue was being reviewed as a conditional use. Deputy City Attorney Steve Giles responded that the conditional use review allowed the Commission to consider things that "just don't really fit" into specific categories in the zoning regulations; that it was an attempt to gain a public hearing on the matter. In response to a question from Chairman Downing, Tim Grooms, the applicant's attorney, stated he felt use of the containers was a permitted use in -C-3. Jim Lawson stated staff considered the issue to be one of open display. He stated the storage containers were not buildings, but were storage units being placed outside of the building. He reiterated staff's goal of having some public review by bringing the issue to the Commission. Chairman Downing restated his concern about the process. Tim Grooms stated allowing layaway of merchandise was a service to the citizens of Little Rock. He noted that Wal-Mart had notified 50 individuals of the request and had received only four telephone calls; none of which expressed any concerns. Commissioner Berry commented that the issue was one of planning for storage. Commissioner Floyd stated he was comfortable reviewing the request as a conditional use since the use was similar to a mini -warehouse. November 29, 2001 ITEM NO.: 9 (Cont.) FILE NO.: Z -4423-E Commissioner Allen commended Wal-Mart for the service they provide for citizens. Commissioner Faust commented that this specific request had minimal impact on the neighborhood but she would like to see the larger issue put in an ordinance package for further review. Chairman Downing stated his preference was to approve this request for a specific time and then draft new ordinance language to better address the issue. A motion was made to approve the request, with staff recommendations and conditions. The motion was seconded. A motion was then made to amend the motion to allow the use of the containers for this year only. The motion 4sas seconded. Staff questioned if it was reasonable to require the landscape screen if the use was to be limited to this year. A vote was taken on the motion to amend the original motion. The vote was 7 ayes, 3 noes and 1 absent. A vote was then taken on the original motion, as amended. The vote was 7 ayes, 3 noes and 1 absent. 7