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HomeMy WebLinkAboutS-0964-A Staff AnalysisMay 17, 1994 ITEM NO.: 9 FILE NO.: S-964-A NAME: WAL-MART -- REVISED SITE PLAN REVIEW LOCATION: At the southwest corner of S. Bowman Rd. and Chenal Parkway DEVELOPER: WAL-MART Bentonville, AR AREA: 9.13 ACRES ZONING: C-3 PLANNING DISTRICT: 19 CENSUS TRACT: 42.06 ENGINEER: CEI ENGINEERING ASSOCIATES, INC. Attn.: Todd A. Butler 110 W. Central Bentonville, AR 727121 273-0472 NUMBER OF LOTS: 5 FT. NEW STREET: 0 VARIANCES REQUESTED: None STATEMENT OF PROPOSAL: PROPOSED USES: Commercial In approving the rezoning of the tract for the Wal-Mart-Sam's Club Stores, the Board of Directors imposed conditions on the approval and required site plan review of the development to assure compliance with the conditions which had been imposed. This ordinance, Ordinance 16,235, was passed by the Board on July 7, 1992. The Planning Commission subsequently was presented with and approved the site development plan on January 26, 1993. The approved site plan included a "T.B.O." (Tire, Battery, Oil) area on the north site of the building entailing 5,170 square feet of building and some outside, screened -in storage. At the northeast corner of the Wal-Mart building, a garden center was included, involving 4982 square feet of building area, or "enclosed season room", and 9354 square feet of fenced area which was to be partially covered with shadecloth. The applicant now requests a revision to the approved site plan to include the elimination of the "T.B.O." area and the enlargement and enhancement of the garden center facility. The building, or "enclosed season room" portion of the garden center is proposed to be a 70 foot by 77 foot (or, 5,390 square-, foot) wing on the building. The enclosed, fenced area is proposed to be increased to 34,080 square feet to include 6,370 square feet of shadecloth covered area and the remaining 27,710 square feet of open air area. The fence is to be 20 feet high. May 17, 1994 ITEM NO.: 9 Continued FILE NO.: S-964-A Additionally, a conditioned greenhouse totaling 10,758 square feet is proposed to be added. This greenhouse is described as being constructed of translucent plastic on a steel frame. A. PROPOSAL/REQUEST: Review by the Planning Commission is requested for a revised site plan for the Wal-Mart Store at Bowman Rd. and Chenal Parkway. In lieu of the 5,170 square foot "T.B.O." (Tire, Battery, Oil) area, the 4,982 square foot "enclosed season room", and the 9,354 square foot open, fenced space, the applicant proposes a 5,390 square foot "enclosed season room", a 10,758 square foot conditioned greenhouse, and a 34,080 square foot fenced garden center area to include a 6,370 square foot shadecloth covered area and 27,710 square foot open -to -air area. The fence surrounding the open area is to be 20 feet high. The greenhouse is translucent plastic on a steel frame construction. B. EXISTING CONDITIONS: Construction activity at the site has begun, with rough site work being substantially complete. Construction on the building is immanent. The revised site plan submitted for review indicates the size of the Wal-Mart building to be 152,917 square feet. This is compared with the 121,267 square foot building on the approved site plan. Staff had approved the increase in building size at Wal-Mart's request when Wal-Mart indicated that the Sam's Club building would be decreased in size so that the total square footage of approved building would not be increased. C. ENGINEERING/UTILITY COMMENTS: Because the proposal involves only a change in the footprint of the building, elimination of one proposed activity and the enlargement of another, the plans were not submitted to engineering or the utility companies for comment. There are, then, no additional comments. D. ISSUES/LEGAL/TECHNICAL/DESIGN: The applicant needs to furnish additional information on the type of perimeter fencing at the garden center and the proposed height of the greenhouse. The revised site plan does not include the future Sam's Club building on the drawing. The current request does not, however, affect the approval of the Sam's Club building. It is not shown on this plan because the plan reflects only the current construction activity. 2 May 17, 1994 ITEM NO.: 9 (Continued) FILE NO.: 5-964-A E. ANALYSIS• Areas that were either building or driveways and parking are proposed to be used for building and fenced garden center area. The originally approved "T.B.O." and garden center were surrounded on the north, east, and west by concrete and asphalt areas. A parking area was approved to the north extending to Chenal Parkway. The revised site plan simply includes much of the area within the fence as a garden area, leaving a driveway at the north perimeter. Beyond the drive, extending to Chenal, is an area reserved for a "green area". F. STAFF RECOMMENDATIONS: Staff recommends approval of the revised site plan. SUBDIVISION COMMITTEE COMMENT: (APRIL 14, 1994) Staff outlined the request to the Committee, reviewing the proposed changes in the in the site plan as indicated on the approved versus the revised drawings. The Committee forwarded the proposal to the Commission for the public hearing. 3 May 17, 1994 ITEM NO.: 9 FILE NO.: 5-964-A NAME: WAL-MART -- REVISED SITE PLAN REVIEW LOCATION: At the southwest corner of S. Bowman Rd. and Chenal Parkway DEVELOPER: WAL-MART Bentonville, AR AREA• 9.13 ACRES ZONING• C-3 PLANNING DISTRICT: 19 CENSUS TRACT: 42.06 ENGINEER: CEI ENGINEERING ASSOCIATES, INC. Attn.: Todd A. Butler 110 W. Central Bentonville, AR 72712 273-0472 NUMBER OF LOTS: 5 FT. NEW STREET: 0 VARIANCES REQUESTED: None STATEMENT OF PROPOSAL: PROPOSED USES: Commercial In approving the rezoning of the tract for the Wal-Mart-Sam's Club Stores, the Board of Directors imposed conditions on the approval and required site plan review of the development to assure compliance with the conditions which had been imposed. This ordinance, Ordinance 16,235, was passed by the Board on July 7, 1992. The Planning Commission subsequently was presented with and approved the site development plan on January 26, 1993. The approved site plan included a "T.B.O." (Tire, Battery, Oil) area on the north site of the building entailing 5,170 square feet of building and some outside, screened -in storage. At the northeast corner of the Wal-Mart building, a garden center was included, involving 4982 square feet of building area, or "enclosed season room", and 9354 square feet of fenced area which was to be partially covered with shadecloth. The applicant now requests a revision to the approved site plan to include the elimination of the "T.B.O." area and the enlargement and enhancement of the garden center facility. The building, or "enclosed season room" portion of the garden center is proposed to be a 70 foot by 77 foot (or, 5,390 square foot) wing on the building. The enclosed, fenced area is proposed to be increased to 34,080 square feet to include 6,370 square feet of shadecloth covered area and the remaining 27,710 square feet of open air area. The fence is to be 20 feet high. May 17, 1994 ITEM NO.: 9 (Continued) _ FILE NO. S-964-A Additionally, a conditioned greenhouse totaling 10,758 square feet is proposed to be added. This greenhouse is described as being constructed of translucent plastic on a steel frame. A. PROPOSAW REQUEST: Review by the Planning Commission is requested for a revised site plan for the Wal-Mart Store at Bowman Rd. and Chenal Parkway. In lieu of the 5,170 square foot "T.B.O." (Tire, Battery, Oil) area, the 4,982 square foot "enclosed season room", and the 9,354 square foot open, fenced space, the applicant proposes a 5,390 square foot "enclosed season room", a 10,758 square foot conditioned greenhouse, and a 34,080 square foot fenced garden center area to include a 6,370 square foot shadecloth covered area and 27,710 square foot open -to -air area. The fence surrounding the open area is to be 20 feet high. The greenhouse is translucent plastic on a steel frame construction. B. EXISTING CONDITIONS: Construction activity at the site has begun, with rough site work being substantially complete. Construction on the building is immanent. The revised site plan submitted for review indicates the size of the Wal-Mart building to be 152,917 square feet. This is compared with the 121,267 square foot building on the approved site plan. Staff had approved the increase in building size at Wal-Mart's request when Wal-Mart indicated that the Sam's Club building would be decreased in size so that the total square footage of approved building would not be increased. C. ENGINEERING/UTILITY COMMENTS: Because the proposal involves only a change in the footprint of the building, elimination of one proposed activity and the enlargement of another, the plans were not submitted to engineering or the utility companies for comment. There are, then, no additional comments. D. ISSUES/LEGAL/TECHNICAL/DESIGN: The applicant needs to furnish additional information on the type of perimeter fencing at the garden center and the proposed height of the greenhouse. The revised site plan does not include the future Sam's Club building on the drawing. The current request does not, however, affect the approval of the Sam's Club building. It is not shown on this plan because the plan reflects only the current construction activity. E May 17, 1994 ITEM NO.: 9 (Continued) FILE NO.: 5-964-A E. ANALYSIS: Areas that were either building or driveways and parking are proposed to be used for building and fenced garden center area. The originally approved "T.B.O." and garden center were surrounded on the north, east, and west by concrete and asphalt areas. A parking area was approved to the north extending to Chenal Parkway. The revised site plan simply includes much of the area within the fence as a garden area, leaving a driveway at the north perimeter. Beyond the drive, extending to Chenal, is an area reserved for a "green area". F. STAFF RECOMMENDATIONS: Staff recommends approval of the revised site plan. SUBI]IVISION COMMITTEE COMMENT: (APRIL 14, 1994) Staff outlined the request to the Committee, reviewing the proposed changes in the in the site plan as indicated on the approved versus the revised drawings. The Committee forwarded the proposal to the Commission for the public hearing. PLANNING COMMISSION ACTION: (MAY 17, 1994) Staff explained that Wal-Mart had requested approval of a change in the approved site plan to delete the "Tire, Battery, Oil" (T.B.O.) service area and its drives and parking area, and substitute a garden center area. Staff noted that, since the originally approved site plan, a large area north of the building, between the "T.B.O." and Chenal Parkway, had been changed from parking to landscaped area, and that the drive off Chenal Parkway had been moved further to the east. Staff related that the applicant had submitted all required drawings and information concerning the design and lighting for the proposed garden center. Chairperson Chachere asked the Wal-Mart representative, Mr. Todd Butler, if he wished to make a presentation to the Commission. Mr. Butler deferred until those who were present in opposition to the request could relate their concerns. Mr. Cleve Jones spoke in opposition to the requested change. He stated that he and his family lived in a home which backs up to the site and is the one which is closest to Chenal Parkway. He complained that in the eight years they had lived in their home, they had had to endure the construction of Chenal Parkway and now 3 May 17, 1.9 9 4 ITEM NO.: 9 (Continued) FILE NO.: S-964--A Wal-Mart; that when they had bought the home, they had been surrounded by trees and beautiful land, and between the two construction projects, they had lost practically all of these amenities. He complained that he and his family had sacrificed all this, and that they did not feel that they should have to sacrifice any more. He said that the proposed garden center would add traffic, noise, and light, and that these would be a detriment to their sleep and peace. He said that there was supposed to be a 50 foot natural buffer left along the west property line of the Wal-Mart site, but that, because they are at the north end of the site against Chenal Parkway, the 50 foot buffer is reduced. Utility construction on the Chenal Parkway right-of-way behind their home had involved the removal of trees. They had lost almost all the trees, and the noise from Chenal Parkway, plus the added noise from Wal-Mart was more sacrifice than they though they should have to endure. Wal-Mart had proposed a site plan, and they should, Mr. Jones contended, have to live with their decision. Tracy Jones spoke in opposition to the proposal. She recalled that, in January of 1993, Wal-Mart's Todd Butler has assured those in attendance at the meeting that there would be a dawn to dusk rule enforced for the construction activity, but that this has been disregarded. Construction activity until 11:00 or 12:00 at night was bad, but, she said, she could live with this intrusion because it was temporary. A garden center, on the other hand, would be permanent. Its lights and traffic would be on -going. There is a curb cut at the northwest corner of the site which is right behind their home, and traffic will be in and out all the time. She and her husband have, she said, been pushed far enough, and it is time for Wal-Mart to have to live with their original decision and not be granted the change to add the garden center. She added that she had measured and taken pictures to be sure that the required open space was not disturbed. She was convinced that the utility work and the removal of the trees had occurred on Chenal Parkway right-of-way. Commissioner McDaniel confirmed with Mrs. Jones that the open space had not been disturbed, and asked if she would be happier if the trees in the right-of-way had not been removed. Mrs. Jones replied that it would help if there were a tree buffer at the rear of their home, including on that portion of the rear of their property which is abutted by Chenal Parkway. Mr. Steve Giles, Deputy City Attorney, indicated that utility contractors must restore the land following utility construction, but that trees cannot be placed back over utility lines. Mrs. Jones returned to the discussion of the construction activity in that portion of the utility easement which lies within hers and her husband's property, and said that their fence 4 May 17, 1994 ITEM NO-: 9 (Continued) FILE NO.: s-954-A and railroad ties had been torn up. She said that, over the nine years they had lived at the location, contractors had been in the utility easement a number of times, and that always before, the fence and railroad ties had been replaced. She said that Todd Butler had told her following Wal-Mart's contractor's work that they were not required to replace the ties and landscaping. The job superintendent, though, has told her that he would be certain that the dirt and ties would be replaced. Mrs. Jones concluded by saying that, if the trees in the easement had been left in place, they would have been a buffer between them and the site, and the garden center would not be as much of a problem as it would without the trees. Mr. Todd Butler explained that the Joneses had done landscaping work in the easement area, and that Wal-Mart would do what is required, but explained to the Commissioners that the replacement of landscaping or asphalt in easements is the responsibility of the landowner. The Joneses had placed landscaping in the sewer easement over the sewer line, and to gain access to the sewer line, the landscaping had had to be removed. Commissioner Walker confirmed that Wal-Mart had done the minimum necessary to tap onto the existing sewer line which is in the sewer easement lying partially on the Joneses property. Mr. Butler explained that, because of the excessive depth of the sewer line, 12 feet, the ditch was required to be wide at the top, but that all work had been done in the easement. Commissioner Oleson complained about the developer accessing the sewer main through the designated open space, and said that citizens are assured that there would be an open space in a location such as this, then the developer disregards the assurances. Mr. Jones interjected that he wanted to be certain that the Commissioners realized how bright the lights are on the Home Quarters garden center across Bowman Road, and realized how this type of lighting would light up the area around the Wal-Mart site. Mr. Butler replied that, when the site was originally approved, the lighting at the rear of the site was to be 4 foot high bollard lights to reduce the blead-over lighting to the adjoining property, and that the light standards on the rest of the property were of a reduced height to limit the light spread to the adjoining properties. He stated that the lighting design would be handled to limit the effect of the lighting on the properties to the west. 5 May 17, 1994 ITEM NO.: 9 (Continued) FILE NO.: $_-264- Mr. Butler reminded the Commission that, when the original site had been approved, the neighbors had complained about the "T.B.O." being behind their homes and about seeing all the cars and having the traffic and noise in the area that would be produced. Now, the parking, drives, and that use had been eliminated, and there is proposed a landscaped area with landscaping materials and plant sales which should look better than the auto parts sales and installation. Commissioner Walker asked for confirmation on the appropriateness of a discussion of use issues on a site plan review, to which Mr. Giles indicated that the discussion of the lighting and location of the garden center is an appropriate discussion. Commissioner McDaniel, addressing the Joneses, asked for a listing of accommodations which could be provided which would make the approval of the revised site plan less objectionable to them. Mrs. Jones stated that she wanted the 8 foot high privacy fence to extend the entire length of their rear property line. She stated that they wanted some trees planted in the area to buffer them from the driveway off Chenal Parkway. Mr. Butler replied that Wal-Mart would extend the 8 foot high fence to the Chenal Parkway right-of-way, and would work with Wastewater to replace as many of the trees in the easement as would be allowed, realizing that trees cannot be planted over sewer lines. Commissioner McDaniel asked if Wal-Mart could not plant evergreen trees to the east of the open space which would help shield the drive from the Joneses property. Mr. Butler responded that additional landscape buffer depth to include the planting of evergreen trees could be added at the northwest corner of the Wal-Mart site in the area between the drive off Chenal Parkway and the property line to the west. After a lengthy discussion involving Commissioners, the planning staff, and Mr. Giles on the appropriateness of discussions on use issues versus site plan issues, a motion was made and seconded to approve the revised site plan, subject to Wal-Mart extending an 8 foot high "good neighbor" privacy fence along the rear of the Joneses property line to its intersection with the Chenal Parkway right-of-way, re -planting trees in the utility easement to the extent allowed by Wastewater Utility, and adding evergreen trees to the east of the open space buffer to shield the Jones' and other homes from the effects of the lights and traffic on the Wal-Mart site. The motion carried with the vote of 6 ayes, 3 nays, 2 absent, and 0 abstentions. 11 January 26, 1993 ITEM NO.: 8 FILE NO.: S-964 NAME: Wal-Mart - Subdivision Site Plan LOCATION: SW corner of Bowman Road at Chenal Parkway DEVELOPER: ENGINEER: WAL-MART STORES PAT MCGETRICK Bentonville, AR MCGETRICK ENGINEERING 11,225 Huron Lane Suite 200 Little Rock, AR 72211 223-9900 AREA: 41.58 acres NUMBER OF LOTS: 4 FT. NEW STREET: ZONING: C-3 with PROPOSED USES: A Wal-Mart Store and Conditions Sam's Club PLANNING DISTRICT: 18 CENSUS TRAQ: 42.07 VARIANCES REQUESTED: None STATEMENT OF PROPOSAL: A This application is a request to develop this site, generally in the manner approved on the occasion of the rezoning of the property to C-3. That rezoning consisted of an application for one large lot and several smaller outparcels with significant conditions set forth in the ordinance by the Board of Directors. A. PROPOSAL RL UEST: The request as placed before the Commission is a site plan review. This review will produce a subdivision plat which will produce two large lots, one for Sam's and the other for Wal-Mart Store plus the outparcels. The final plat would be a staff matter following the Planning Commission's action on the site plan. B. EKISTING CONDITI NS: This site is generally undisturbed and basically in the same form as it existed on the date it was rezoned. It is heavily covered by timber and natural undergrowth. Bowman Road January 26, 1993 ;[7SDIVISION 'EM No. 8 (Cont-.)-- FILE No. S-964 remains a two lane county road standard with open ditch section. The Chenal Parkway is constructed to the Master Street Plan standards. ENGINEERINGIUTILITY COMMENTS: Public Works reports that all previous requirements on boundary streets shall pertain to this application as required on the rezoning. These may be modified by results of a study to be performed by Ernie Peters, Traffic Engineer. This study is to be presented to Public Works. Detention and Excavation ordinances will apply. The Little Rock Water Works reports that a pro rata front footage charge of $12.00 per front foot applies along Bowman Road. Relocation of water facilities in Bowman may be required in conjunction with the street construction. An on - site fire service system with lines and hydrant locations will be required. Waste Water Utility reports that there are sewer mains located in the area. Contact should be made with Waste Water before continuing with construction or developing final construction plans. D. ISSUES/LEGAL/TECHNICAL/DESIGN: The staff's review has produced several changes in the plan which we recommend. At least one of these is a plan change which we feel is mandated by the approval of the original site plan and rezoning this being the outparcel at the northwest corner. The original agreement on the site plan approval reflected this as a detention area with no outparcel or building site. The staff requires a detail landscape plan and detailing of the treatment to protect the buffer strip along the west property line adjacent to the single family. A grading plan should be presented. A phasing plan is required for the platting of the property if the lots are to be separately developed and filed for record. A final plat should be produced with the lots required for the first phase for filing. Building treatments should be presented on the rear elevation. E. ANALYSIS: The staff's review of this application results in a comfort level with the proposal in general. The application adheres to the standards which were set forth in the original - _. 2 ' January 26, 1993 SUBDIVISION ITEM NO.: S Con FILE NO.: 5-964 rezoning ordinance at the time this property was classified as C-3. All of the standards set forth in that ordinance must be adhered to. A specific interest in this site plan, much like the original plan filed, is the buffer zoned along the west residential area. There are some specific requirements as to the placement of the fence along that buffer area and the type of treatment for the area to be excavated and modified in the construction process. As above, we would point out that all of the conditions as to roadway improvements, right-of-way dedication and access, plus signage for all of the various parcels remain. It is understood that the Public Works Department is in negotiations with the developer to determine the time and method for the total reconstruction of Bowman Road for a specified distance. This construction is to take place coincident with the development of the Wal-Mart and Sam's Stores. F. STAFF RECOMMENDATIONS: Staff's recommendation is approval of the site plan subject to and conformance with all of the previous conditions set forth in the reclassification ordinance and as pointed out in the several paragraphs above. SUBDIVISION COMMITTEE COMMENT: (JANUARY 7, 1993) The applicant was present. There was a general discussion of the various development factors involved in this site plan. There were no new significant issues pointed out. Except, that the design of this project will change the location of the detention ponding area. One of the sites will be moved from the former northwest corner of the site to a place near the property corner of Bowman Road. There will be changes in the south and southeast corner to accommodate a different drainage pattern and detention. The applicant pointed out that the plat to be filed to divide the two principal parcels will place the property line in a way to locate the parking spaces as required by ordinance on the two separate lots. A brief discussion was held concerning the Bowman Road improvements. Possible coordination of this construction with the project proposed by Mr. Moses on the east side of Bowman at Hermitage. Because that project has been requested for deferral to March 9, there were no answers as to the timing for the potential for involvement by the developer. 3 /-January 26, 1993 SUBDIVISION ITEM NO.: 8 Cont. FILL td�.: 5-964 PLANNING COMMISSION ACTION: (JANUARY 26, 1993) The Chairman asked staff to make its recommendation on this application. Richard Wood of staff presented to the Commission a list extracted from the previous ordinance reclassifying this property, outlining the various conditions placed in the ordinance by the City Board and one modification which was highlighted. He pointed out that one modification was the increase in height on the west property line fence from 6 feet to 8 feet. Richard Wood of staff offered a brief comment on the staffs recommendation. He noted that this was a subdivision site plan at this time. However, it would generate a multi lot subdivision plat at some point. He noted that the items included in the list which were passed out to the Commission are the conditions of development on this site. Wood pointed out that the one modification of this list is a result of a neighborhood meeting and an agreement between the developer and the residents of the area immediately to the west. Jim Lawson of the staff then inserted a comment that the developers have accepted and will adhere to the standards of the proposed Chenal/Financial Center Parkway Overlay District. He stated that the Board of Directors have not adopted these standards by ordinance at this time, but we have had meetings with Wal-Mart and they have accepted those standards as part of their design criteria. The Chairman then asked if there was a repregentative present for this application. Mr. Todd Butler was present. He identified himself as being with CEI Engineers of Bentonville, Arkansas. Mr. Butler reported that on Tuesday of last week he held a meeting with the neighborhood to gain their insight and determine their position relative to his proposal. He indicated that he had met with the lot of the neighbors along the Bowman Road side of the project. He indicated the neighborhood meeting was productive, and most of the neighbors were well informed. Mr. Butler indicated that one of the items discussed at the neighborhood meeting was the neighbors' concern for expanding or widening the buffer zone from 50 feet to perhaps as wide as a 100 feet along the west property boundary. Mr. Butler indicated he had retained the services of an urban forester, and that a site review had been made with this person to determine the extent of the visual barrier provided by the 50 foot versus 100 foot strip along the west line. He indicated that visually there was very little to be gained by expanding the width of that strip. He pointed out that the neighbors had asked for and agreed to the location of the fence along the east boundary of the 50 foot strip so as to leave the buffer zone on the neighbors' side. He also agreed to increase the height of the fence from 6-to 8 feet. Mr. Butler pointed out that the approval previously N I i Jarivazy 26, 1993 SUBDIVISION ITEM NO..: 8 Cant, FILE NO.: -9 4 presented to the Planning Commission and the City Board contained over 300,000 square feet of floor space, and the project now before the Commission consisted of about 100,000 less. Mr. Butler indicated that Mr. Ernie Peters had been retained as the Traffic Engineer to study this proposal. Mr. Peters had completed that study and it reflects that this project will generate less traffic than the original, larger project approved. He closed his remarks by stating that nobody wants this kind of project in their backyard, but in this situation they were working with this one to produce the best possible product for the neighbors. Chairman Walker then asked staff to described the circumstances of the plat issue that was identified earlier in the staff presentation. Richard Wood of staff pointed out that this site plan will generate a multi lot plat to reflect lot lines, especially in regard to the Sam's and Wal-Mart principal structures. There is a mortgage relationship which will require that these buildings be on separate lots. There are several outparcels along Bowman Road, approved in the original plan which will require lot creation. Chairman Walker asked if the Commission at this time were addressing the landscape features relative to those outparcel lots. wood responded by saying that is set in place by agreement which is in the ordinance, and we are dealing with that. The Chairman then asked if those standards would meet the overlay requirement. Staff responded by saying, "yes." Chairman Walker then indicated a tract on the plan which was not outlined with the boundary of this project. He asked for someone to identify the status of this parcel, especially with respect to the original approved zoning and plan. Mr. Butler stated that what is in the heavy line on this drawing was all that Wal-Mart owns at this time. The Chairman asked if this site, the outparcel, was covered by the agreement in the ordinance. The response was, "yes". The same buffers and landscaping standards will be applied. Jim Lawson pointed out that this may or may not be part of the Wal-Mart development. However, Lawson indicated that he had asked that the site,plan illustrate that outparcel as off-street parking should Wal-Mart acquire the site for additional parking. Richard Wood indicated that the parcel will have to be included in the subdivision plat. The Chairman then asked for objectors to their comments. The first being, Tracy Hill Drive in a subdivision lying to the concerns were that the conditions of the be specifically enumerated and placed on come forward and present Jones, a resident on Timber west. Her primary approval for development paper as opposed to verbal 5 January 26, 1993 SUBDIVISION ITEM NO.: $ (Cont.) _ FILE NO.: 5-964 promises. She felt that the lighting standards and the parking lot for this development should not be taller than 30 feet, and shine into their neighborhood. She indicated that she understood the lighting to the rear of the buildings would not be greater than 4 feet in height. Another concern was there be no loading at night behind the structures. She stated that her concern included the operation of forklift trucks and refrigeration units behind the building after hours. She stated that for purposes of the identified landscape strips she wanted to know exactly what was going to be placed there, not a simple statement that would be trees and bushes. She reduced her statement to a concern that all of this be reduced to writing in order to be monitored. Her comments then moved to the Chenal Parkway and its traffic circumstance, with respect to density and traffic flows. She stated that the neighborhood was concerned about the possibility of the creation of another signalized intersection on Chenal Parkway, closer to their residences and the noise it would create. She pointed out that when they moved into the neighborhood the plan for this area was residential. It has now been made commercial. She reminded the Commission that the Chenal Parkway had been promised not be another Rodney Parham. She closed her remarks by stating they simply want those things done which have been promised and are in writing, if possible the 50 feet be widened. Chairman Walker then stated he had been following the presentation of the objectors. He noticed in the list of conditions perhaps there was only one, being the afterhour loading behind the building. Mr. Butler returned to the lectern and stated, that, in this area of the state, there are none of their stores which load after hours. This is not an activity expected on this premises. He stated that he was the engineer of the project and could not make a final assurance that there would never be loading back there. However, this was his understanding and was not in this area of Wal-Mart's no chain store operates with nighttime loading. Mr. Chuck Mitchell, also representing the engineering firm of CEI Engineering, was present. The Chairman asked him to come forward and address the same subject on loading. He stated that he is the one of the company's engineers and stated what he had heard, was the same as Mr. Butler had related. A brief discussion followed involving the objectors, the commissioners and staff concerning the afterhours loading and how that might be dealt, also, the possibility of restraint of that activity. Stephen Giles of the City Attorney's Office inserted_a 11 / 'January 26, 1993 SUBDIVISION T TEM ND • 8 (Cont.) FILE NO.- S -- 9 6 4 comment at this point. He commented by saying this was a subdivision site plan review, and perhaps placing such a restriction as the hours of operation was inappropriate. He stated that this was something which should have been attached to the rezoning. He felt that it was not a legitimate concern for the Planning Commission at this site plan review. Chairman Walker then asked if there was anyone else present who wished to offer objection or concern about this project. Commissioner Oleson then asked, "With the outparcel shown and the reduction of 100,000± square feet of floor space, if it meant this is the end product or is there a potential for the developer to come back at some point and ask for an expansion of the development?" Mr. Butler indicated that the application which was before the Commission involved all they had intended to develop at this time. He could not specifically respond to future development. Commissioner Oleson then offered a concern that this type of circumstance occur frequently, and this is the reason neighbors appear at meetings with the kind of concerns offered by these objectors. Richard Wood offered that development is never static and there are no absolutes, things can and do change over time. Commissioner Oleson then moved her questions to the subject of outparcels. She asked Mr. Butler how many he is requesting at this time when the approval shows five along Bowman Road? Mr. Butler indicated that this plan reflects three and this is what they are asking for at this time. This is a preliminary state at this time and he could not commit further. Commissioner Willis asked, "Where are we on this if it has been indicated for the ordinance to have five, and is reflecting three on this plan? What kind of commitment does this make?" Chairman Walker answered by saying, "What is important in this application is not the particular lot lines, but we have an internal circulation which is more critical to the issue, unless there is common landscaping of other features tying the properties together." Chairman Walker announced that he had a motion for approval of the Wal-Mart site plan. A vote on the motion produced 8 ayes, 0 nays, 1 absent and 2 abstentions. The action of the Commission approved the site plan review with the incorporation within the ordinance conditions, the modification to 8 feet on the fence and acceptance by the developer to adhere to the Chenal/Financial Center Parkway Design Overlay District. 7 May 17, 1994 ITEM NO.: 9 FILE NO.: S--964-A NAME: WAL-MART -- REVISED SITE PLAN REVIEW LOCATION: At the southwest corner of S. Bowman Rd. and Chenal Parkway DEVELOPER: WAL-MART Bentonville, AR AREA: 9.13 ACRES ZONING• C-3 PLANNING DISTRICT: 19 CENSUS TRACT: 42.06 ENGINEER: CEI ENGINEERING ASSOCIATES, INC. Attn.: Todd A. Butler 110 W. Central Bentonville, AR 727121 273-0472 NUMBER OF LOTS: 5 FT. NEW STREET: 0 VARIANCES REQUESTED: None STATEMENT OF PROPOSAL: PROPOSED USES: Commercial In approving the rezoning of the tract for the Wal-Mart-Sam's Club Stores, the Board of Directors imposed conditions on the approval and required site plan review of the development to assure compliance with the conditions which had been imposed. This ordinance, Ordinance 16,235, was passed by the Board on July 7, 1992. The Planning Commission subsequently was presented with and approved the site development plan on January 26, 1993. The approved site plan included a "T.B.O." (Tire, Battery, Oil) area on the north site of the building entailing 5,170 square feet of building and some outside, screened -in storage. At the northeast corner of the Wal-Mart building, a garden center was included, involving 4982 square feet of building area, or "enclosed season room", and 9354 square feet of fenced area which was to be partially covered with shadecloth. The applicant now requests a revision to the approved site plan to include the elimination of the "T.B.O." area and the enlargement and enhancement of the garden center facility. The building, or "enclosed season room" portion of the garden center is proposed to be a 70 foot by 77 foot (or, 5,390 square foot) wing on the building. The enclosed, fenced area is proposed to be increased to 34,080 square feet to include 6,370 square feet of shadecloth covered area and the remaining 27,710 square feet of open air area. The fence is to be 20 feet high. May 17, 1994 ITEM NO.: 9 Continued FILE NO.: s-964-A Additionally, a conditioned greenhouse totaling 10,758 square feet is proposed to be added. This greenhouse is described as being constructed of translucent plastic on a steel frame. A. PROPOSALIREOUEST: Review by the Planning Commission is requested for a revised site plan for the Wal-Mart Store at Bowman Rd. and Chenal Parkway. In lieu of the 5,170 square foot "T.B.O." (Tire, Battery, Oil) area, the 4,982 square foot "enclosed season room", and the 9,354 square foot open, fenced space, the applicant proposes a 5,390 square foot "enclosed season room", a 10,758 square foot conditioned greenhouse, and a 34,080 square foot fenced garden center area to include a 6,370 square foot shadecloth covered area and 27,710 square foot open -to -air area. The fence surrounding the open area is to be 20 feet high. The greenhouse is translucent plastic on a steel frame construction. B. EXISTING CONDITIONS: Construction activity at the site has begun, with rough site work being substantially complete. Construction on the building is immanent. The revised site plan submitted for review indicates the size of the Wal-Mart building to be 152,917 square feet. This is compared with the 121,267 square foot building on the approved site plan. Staff had approved the increase in building size at Wal-Mart's request when Wal-Mart indicated that the Sam's Club building would be decreased in size so that the total square footage of approved building would not be increased. C. ENGINEERINGIUTILITY COMMENTS: Because the proposal involves only a change in the footprint of the building, elimination of one proposed activity and the enlargement of another, the plans were not submitted to engineering or the utility companies for comment. There are, then, no additional comments. D. ISSUES/LEGAL/TECHNICAL/DESIGN: The applicant needs to furnish additional information on the type of perimeter fencing at the garden center and the proposed height of the greenhouse. The revised site plan does not include the future Sam's Club building on the drawing. The current request does not, however, affect the approval of the Sam's Club building. It is not shown on this plan because the plan reflects only the current construction activity. 2 May 17, 1994 ITEM NO.: 9 (Continued) FILENO.: S-964-A E. ANALYSIS• Areas that were either building or driveways and parking are proposed to be used for building and fenced garden center area. The originally approved "T.B.O." and garden center were surrounded on the north, east, and west by concrete and asphalt areas. A parking area was approved to the north extending to Chenal Parkway. The revised site plan simply includes much of the area within the fence as a garden area, leaving a driveway at the north perimeter. Beyond the drive, extending to Chenal, is an area reserved for a "green area". F. STAFF RECOMMENDATIONS: Staff recommends approval of the revised site plan. SUBDIVISION COMMITTEE COMMENT: (APRIL 14, 1994) Staff outlined the request to the Committee, reviewing the proposed changes in the in the site plan as indicated on the approved versus the revised drawings. The Committee forwarded the proposal to the Commission for the public hearing. PLANNING COMMISSION ACTION: (MAY 17, 1994) Staff explained that Wal-Mart had requested approval of a change in the approved site plan to delete the "Tire, Battery, Oil" (T.B.O.) service area and its drives and parking area, and substitute a garden center area. Staff noted that, since the originally approved site plan, a large area north of the building, between the "T.B.O." and Chenal Parkway, had been changed from parking to landscaped area, and that the drive off Chenal Parkway had been moved further to the east. Staff related that the applicant had submitted all required drawings and information concerning the design and lighting for the proposed garden center. Chairperson Chachere asked the Wal-Mart representative, Mr. Todd Butler, if he wished to make a presentation to the Commission. Mr. Butler deferred until those who were present in opposition to the request could relate their concerns. Mr. Cleve Jones spoke in opposition to the requested change. He stated that he and his family lived in a home which backs up to the site and is the one which is closest to Chenal Parkway. He complained that in the eight years they had lived in their home, they had had to endure the construction of Chenal Parkway and now Q May 17, 1994 TTEM NO. 9 (Continued) FILE NO. S- 4-A Wal-Mart; that when they had bought the home, they had been surrounded by trees and beautiful land, and between the two construction projects, they had lost practically all of these amenities. He complained that he and his family had sacrificed all this, and that they did not feel that they should have to sacrifice any more. He said that the proposed garden center would add traffic, noise, and light, and that these would be a detriment to their sleep and peace. He said that there was supposed to be a 50 foot natural buffer left along the west property line of the Wal-Mart site, but that, because they are at the north end of the site against Chenal Parkway, the 50 foot buffer is reduced. Utility construction on the Chenal Parkway right-of-way behind their home had involved the removal of trees. They had lost almost all the trees, and the noise from Chenal Parkway, plus the added noise from Wal-Mart was more sacrifice than they though they should have to endure. Wal-Mart had proposed a site plan, and they should, Mr. Jones contended, have to live with their decision. Tracy Jones spoke in opposition to the proposal. She recalled that, in January of 1993, Wal-Mart's Todd Butler has assured those in attendance at the meeting that there would be a dawn to dusk rule enforced for the construction activity, but that this has been disregarded. Construction activity until 11:00 or 12:00 at night was bad, but, she said, she could live with this intrusion because it was temporary. A garden center, on the other hand, would be permanent. Its lights and traffic would be on -going. There is a curb cut at the northwest corner of the site which is right behind their home, and traffic will be in and out all the time. She and her husband have, she said, been pushed far enough, and it is time for Wal-Mart to have to live with their original decision and not be granted the change to add the garden center. She added that she had measured and taken pictures to be sure that the required open space was not disturbed. She was convinced that the utility work and the removal of the trees had occurred on Chenal Parkway right-of-way. Commissioner McDaniel confirmed with Mrs. Jones that the open space had not been disturbed, and asked if she would be happier if the trees in the right-of-way had not been removed. Mrs. Jones replied that it would help if there were a tree buffer at the rear of their home, including on that portion of the rear of their property which is abutted by Chenal Parkway. Mr. Steve Giles, Deputy City Attorney, indicated that utility contractors must restore the land following utility construction, but that trees cannot be placed back over utility lines. Mrs. Jones returned to the discussion of the construction activity in that portion of the utility easement which lies within hers and her husband's property, and said that their fence N May 17, 1994 ITEM NO.: 9 (Continued)_ FILE NO.: s-964-A and railroad ties had been torn up. She said that, over the nine years they had lived at the location, contractors had been in the utility easement a number of times, and that always before, the fence and railroad ties had been replaced. She said that Todd Butler had told her following Wal-Mart's contractor's work that they were not required to replace the ties and landscaping. The job superintendent, though, has told her that he would be certain that the dirt and ties would be replaced. Mrs. Jones concluded by saying that, if the trees in the easement had been left in place, they would have been a buffer between them and the site, and the garden center would not be as much of a problem as it would without the trees. Mr. Todd Butler explained that the Joneses had done landscaping work in the easement area, and that Wal-Mart would do what is required, but explained to the Commissioners that the replacement of landscaping or asphalt in easements is the responsibility of the landowner. The Joneses had placed landscaping in the sewer easement over the sewer line, and to gain access to the sewer line, the landscaping had had to be removed. Commissioner Walker confirmed that Wal-Mart had done the minimum necessary to tap onto the existing sewer line which is in the sewer easement lying partially on the Joneses property. Mr. Butler explained that, because of the excessive depth of the sewer line, 12 feet, the ditch was required to be wide at the top, but that all work had been done in the easement. Commissioner Oleson complained about the developer accessing the sewer main through the designated open space, and said that citizens are assured that there would be an open space in a location such as this, then the developer disregards the assurances. Mr. Jones interjected that he wanted to be certain that the Commissioners realized how bright the lights are on the Home Quarters garden center across Bowman Road, and realized how this type of lighting would light up the area around the Wal-Mart site. Mr. Butler replied that, when the site was originally approved, the lighting at the rear of the site was to be 4 foot high bollard lights to reduce the blead-over lighting to the adjoining property, and that the light standards on the rest of the property were of a reduced height to limit the light spread to the adjoining properties. He stated that the lighting design would be handled to limit the effect of the lighting on the properties to the west. 5 May 17, 1994 ITEM NO.: 9 Continued FILE NO.: - 64-A Mr. Butler reminded the Commission that, when the original site had been approved, the neighbors had complained about the "T.B.O." being behind their homes and about seeing all the cars and having the traffic and noise in the area that would be produced. Now, the parking, drives, and that use had been eliminated, and there is proposed a landscaped area with landscaping materials and plant sales which should look better than the auto parts sales and installation. Commissioner Walker asked for confirmation on the appropriateness of a discussion of use issues on a site plan review, to which Mr. Giles indicated that the discussion of the lighting and location of the garden center is an appropriate discussion. Commissioner McDaniel, addressing the Joneses, asked for a listing of accommodations which could be provided which would make the approval of the revised site plan less objectionable to them. Mrs. Jones stated that she wanted the 8 foot high privacy fence to extend the entire length of their rear property line. She stated that they wanted some trees planted in the area to buffer them from the driveway off Chenal Parkway. Mr. Butler replied that Wal-Mart would extend the 8 foot high fence to the Chenal Parkway right-of-way, and would work with Wastewater to replace as many of the trees in the easement as would be allowed, realizing that trees cannot be planted over sewer lines. Commissioner McDaniel asked if Wal-Mart could not plant evergreen trees to the east of the open space which would help shield the drive from the Joneses property. Mr. Butler responded that additional landscape buffer depth to include the planting of evergreen trees could be added at the northwest corner of the Wal-Mart site in the area between the drive off Chenal Parkway and the property line to the west. After a lengthy discussion involving Commissioners, the planning staff, and Mr. Giles on the appropriateness of discussions on use issues versus site plan issues, a motion was made and seconded to approve the revised site plan, subject to Wal-Mart extending an 8 foot high "good neighbor" privacy fence along the rear of the Joneses property line to its intersection with the Chenal Parkway right-of-way, re -planting trees in the utility easement to the extent allowed by Wastewater Utility, and adding evergreen trees to the east of the open space buffer to shield the Jones' and other homes from the effects of the lights and traffic on the Wal-Mart site. The motion carried with the vote of 6 ayes, 3 nays, 2 absent, and 0 abstentions. 6