HomeMy WebLinkAbout2004-02-23 - Agendas - Final FAYETTEVILLE
THE CITY OF FAYETTEVILLE,ARKANSAS 125 Mountain St.
Fayetteville,AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267
AGENDA FOR A REGULAR MEETING OF
THE PLANNING COMMISSION
A meeting of the Fayetteville Planning Commission will be held Monday February 23,
2004 at 5:30 p.m. in the City Administration Building, 113 West Mountain Street, Room
219, Fayetteville, Arkansas.
Roll Call
The following items will be considered:
Consent Agenda:
Approval of minutes from the February 9,2004 meeting.
Old Business:
1. VAC 04-01.00: Vacation (Michael Campbell, pp 60)was submitted by the City
of Fayetteville on behalf of Michael and Nandra Campbell for property located at
4843 Lavendon Place. The property is zoned RSF-4, Residential Single-family,4
units per acre. The request is to vacate a portion of the water and sewer easement
located on the property. Planner: Jeremy Pate
2. CUP 04-01.00: Conditional Use (Wal-Mart/Mall Ave., pp 173)was submitted by
CEI Engineering Associates, Inca on behalf of Wal-Mart Stores for property located
at Mall Avenue and Joyce Blvd. The property is zoned C-2, Thoroughfare
Commercial and contains approximately 24.9 acres. The request is to allow the use
of 26, 40' long trailers for outdoor storage/warehousing during the 2004 holiday
season. Planner: Suzanne Morgan
3. CUP 04-02.00: Conditional Use (Wal-Mart/Hwy. 62, pp 557)was submitted by
CEI Engineering Associates, Inc. on behalf of Wal-Mart Stores for property located
on U.S. Hwy 62, west of I-540. The property is zoned C-2, Thoroughfare
Commercial and contains approximately 28.70 acres. The request is to allow the use
of 35, 40' long trailer for outdoor storage/warehousing during the holiday season on
an annual basis. Planner: Suzanne Morgan
New Business:
4. VAC 04-02.00: Vacation (Gilbrech, pp 525)was submitted by the City of
Fayetteville for property located between lots 1 & 2 of the Rodgers Place
Subdivision. The request is to vacate a 20' portion of a platted alley and to retain a
utility easement within the vacated property. Planner:Dawn Warrick
5. ADM 04-07.00: Administrative Item (Persimmon Place, pp 438) was submitted
by Chris Brackett of Jorgensen&Associates on behalf of the developer of
Persimmon Place Subdivision. The request is to amend item 7 of the Bill of
Assurance to allow a wood and masonry fence. Planner: Jeremy Pate
6. LSD 04-02.00: Large Scale Development(DOCS Professional Building,pp 138)
was submitted by David Gilbert of Jorgensen&Associates on behalf of Randall
Oates for property located on Crossover Road(Hwy 265) at Hillside Terrace. The
property is zoned R-O, Residential Office and contains approximately 2.10 acres.
The request is to allow the development of an 11,088 s.f. Medical/Dental office
building with 32 parking spaces proposed. Planner: Suzanne Morgan
7. PPL 04-03.00: Preliminary Plat (Grand Valley Stables,pp 103)was submitted
by Engineering Services, Inc. on behalf of Terminella&Associates for property
located along the north side of Guy Terry Rd. at Howard Porter Road. The property
is in the Planning Area and contains approximately 70.29 acres. The request is to
allow development of a residential subdivision with 24 single-family lots proposed.
Planner: Suzanne Morgan
8. PPL 04-04.00: Preliminary Plat (Grand Valley Estates, pp 104) was submitted
by Engineering Services, Inc. on behalf of Terminella&Associates for property
located along the north side of Guy Terry Road, east of the intersection of Howard
Porter Road. The property is in the Planning Area and contains approximately
77.67 acres. The request is to allow development of 24 single-family lots proposed.
Planner: Suzanne Morgan
9. PPL 04-02.00: Preliminary Plat(Salem Townhouses, pp 401)was submitted by
Engineering Services, Inc. on behalf of C &K Properties for property located north
of Wedington Drive on Salem Road. The property is zoned R-O, Residential
Office, and C-1,Neighborhood Commercial, and contains approximately 8.32
acres. The request is to replat the subject property into two tracts of 4.77 and 3.55
acres respectively. Planner: Jeremy Pate
10. CUP 03-31.00: Conditional Use (Salem Townhouses,pp 401)was submitted by
Engineering Services, Inc. on behalf of C &K Properties for property located just
north of the intersection of Salem Road and Wedington Road. The property is
zoned R-O,Residential Office and contains approximately 4.77 acres. The request
is to allow construction of townhouses in this zoning district. Planner: Jeremy Pate
11. ADM 04-08.00: Administrative Item (Amendment to Planning Commission
Bylaws,Article II)Submitted by Dawn Warrick, Planning and Development
Administrator, proposing an amendment to the time of election of officers.
12.Administrative Item: Report from the Nominating Committee
13.Administrative Item: Outdoor Lighting and Hillside Updates
All interested parties may appear and be heard at the public hearings. A copy of the
proposed amendments and other pertinent data are open and available for inspection in
the Office of City Planning (575-8267), 125 West Mountain Street, Fayetteville,
Arkansas. All interested parties are invited to review the petitions. Interpreters or TDD
for hearing impaired are available for all public meetings. 72 hour notice is required. For
further information or to request an interpreter,please call 575-8330.
ORDER OF PLANNING COMMISSION MEETING
A. Introduction of agenda item—Chairman
B. Presentation of Staff Report
C. Presentation of request—Applicant
D. Public Comment
E. Response by Applicant/Questions &Answer with Commission
F. Action of Planning Commission(Discussion&Vote)
NOTE TO MEMBERS OF THE AUDIENCE
If you wish to address the Planning Commission on an agenda item raise your hand when
the Chairman asks for public comment. He will do this after he has given Planning
Commission members the opportunity to speak and before a final vote is taken. Public
comment will only be permitted during this part of the hearing for each item.
Once the Chairman recognizes you, go to the podium at the front of the room and give
your name and address. Address your comments to the.Chairman, who is the presiding
officer. He will direct them to the appropriate appointed official, staff member or others
for response. Please keep your comments brief, to the point, and relevant to the agenda
item being considered so that everyone has a chance to speak.
Please, as a matter of courtesy, refrain from applauding or booing any speakers or actions
of the Planning Commission.
2004 Planning Commissioners
Nancy Allen
Jill Anthes
Don Bunch
Alice Church
James Graves
Sharon Hoover
Alan Ostner
Loren Shackelford
Christian Vaught
FAYETTEVILLE PC Meeting of February 09, 2004
THE CITY OF FAYETTEVILLE,ARKANSAS _
113 W. Mountain St
Fayetteville,AR 72701
-. -
PLANNING DIVISION CORRESPONDENCE Telephone:501-575-8264
TO: Fayetteville Planning Commission Members
THRU: Dawn Warrick,AICP.Zoning&Development Administrator
FROM: Jeremy Pate,Associate Planner
Matt Casey P.E. Staff Engineer
DATE: February 9,2004
VAC 04-01.00: Vacation (Michael Campbell,pp 60)was submitted by the City of Fayetteville
on behalf of Michael and Nandra Campbell for property located at 4843 Lavendon Place. The
property is zoned RSF-4, Residential Single-family, 4 units per acre. The request is to vacate a
portion of the water and sewer easement located on the property. Planner: Jeremy Pate
Findings: See the attached maps and legal descriptions for the exact locations of the requested
utility easement vacation.
Background. The utility easement vacation request stems from a single family home that was
originally permitted from inadequate site plans. The site plans submitted for building permits did
not show the easement in question, and the building was constructed over the recorded sanitary
sewer easement. Once the encroachment into the utility easement was discovered,the proper
application and notification forms to utility companies and the City were submitted to request
vacation of said easement. Staff is actively working with the applicant, researching the best
means to resolve the subject utility encroachment. Prior to filing of the vacation ordinance,the
method of resolution shall be determined and completed.
No objections from the adjacent property owners have been submitted to the City.
The applicant has submitted the required notification forms to the utility companies and to the
City. The results are as follows:
UTILITIES RESPONSE
Ozarks Electric N/A
AEP/SWEPCO No Objections
Arkansas Western Gas No Objections
SW Bell No Objections.
February 23,2004
Planning Commission
VAC 04-01.00(Campbell)
Page 1.1
Cox Communications No Objections.
City of Fayetteville:
Water/Sewer No Objections—See conditions of
approval
Transportation No Objections
Solid Waste No Objections
Engineering No objections
Recommendation: Approval of the proposed utility easement vacation 04-01.00 subject to the
following conditions.
Conditions of Approval:
1. The method of relocation/encasement, etc. of the sanitary sewer main shall be determined
and completed prior to vacating this portion of the easement_
PLANNING COMMISSION ACTION: ves Required
Approved Denied
Date:
CITY COUNCIL ACTION: ves Required
Approved Denied
Date:
February 23,2004
Planning Commission
VAC 04-01.00(Campbell)
Page 1.2
SCALE: N -20'
LAVENDON PLACE 20 0 20
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ttto'rQ2AIW STATE OF
PROPERTY DESCRIPTION +�q� •.,9g1;r _
LOT FIFTEEN [151 OF vj////����'��_�`^:..•
STONEWOOD SUBDIVISION.
LEGAL DESCRIPTION FOR PARTIAL VACATION OF UTILITY EASEMENT
All that certain tract or parcel of land being a pan of Lot 15 of Stonewood Subdivision to the Cityof
Fayetteville.And being more particularly described by metes and bounds as follows: -
COMMENCING at a Y?LPin found for the NE Comer of Lot 15 of Stonewood Subdivision to the
City ofFaycheville; -
THENCE-South.89"40'40"West for a distance of 26.70 feet with the north boundary line of said-
Lot 15 to the west line of an existing utility casement; -
THENCE-South 06"29'17"West fora distance of 36.03 feet with said west line to the point of
intersection of the eave of an existing house for the POINT OF BEGINNING, -
THENCE-with said cave through the following calls: - -
THENCE-North 88"52'20"Eau for a distance of4-61 feet;
THENCE-South 00"16'07"East for a distance of 28.62 feet;
THENCE-South 88°52'20"West for a distance of 8.01 feet to the above mentioned west IVeMlry 23,20 N
.mility easement
THENCE-North 06°29'17"Eau for a distance of 28-87 feet to the POINT OF BEGURAWkw COmmissl n
above described property having been surveyed by Bart L.Petray contains 180.58 V AG 0400M(Campo 1)
more or less. Page 1.3
DATE: DEGEMER, 23, 2003
iff�PPLICATION Office Use
Only
City of Fayetteville Building Safety Division 1��JJJ Revues Routing&Ap rovaf
913 West Mountain Street - - - . COPY APPROVAL
Fayetteville;AR 72701 - DIVISION TO: /S/=OK - DATE
Phone:479-575-8233 Fax:479-5758316 Piannfii' - - -
� b3 in dng
Data Submitted: b Permit#.. Landsca e
SW/1'rails
SIT EADDRESS: tQ Said Waste
Zone: Lot: l 5 . Block:_Subdivision: SFe "
Seo-Twn-Rrfg: Plat: Par#: 1m clionsg
Mi C %` `lu,b-� C,rc�t- alb x'14-ZSo-.oa-ta
Claims' 20
ug Qeki 1 t,c►uw N 9� `^a�3$
�e� N�s�r,t aba� t1 Baca
47 4 8�
Re Phone: 77
C¢g. Sfa6e r.ntacterkllcens.
r/'l SO.V d. Number: _ ENtuas
NumberofRwWentiai PMWIS Md for in the state ofArkensseth"s year/ .. nasiderRial:
Work: ,NEW - _ADDITION ,ALTERATION - -_REPAIR _MOVING. _DEMOLITION: - -
_FOOTINGONLY _EXTERIORONLY _TENANTFINISH DESIGNIBUILD OTHER
ResidentWl: '�Single Family _Multifamily,Condos No.of units: - - - '
- (. 1 Townhouse whero lot line �Othec
Valuation of Work - - Boildinc'Information - ,1
Building: $ IlLo�f,O, Qflr oo fiofStories- a Sum Total Area �a��tl -
sq It
Elechical: $ pug0* HeighE _ Total Heated/Cooled: a t8�- q.,ft
Plumbing: $ �1PJ p�7� Length: r Total Unheated: a> - q.n -
Mechanical: $ 50 WMIh: .. AddMt Area: sq,ft
Misc.:; - $ Slab Floor. 174 N Basement - - Msq.ft.
Total: - $ 1 q 6 Structure: Wood ✓ Metal_ Masonry_ Foam Form Other. -
Building wlil complY with Arkansas Energy Code.R'e^quirements(YesNA): Wall Insulation Type:Batt Cellulose
.. is a retaining wall to be constructed?(YesMo); Iry - Engineering Approval:
Is slope of site greater than 15%? (YeslNo): MID
Engineering Approval:._ -
Flood Plain?(YesNo):RD-:ease Flood Elevation: N {4 ;Lowest Finished Floor. JA, Engineering
Appiov 1.
_ Pubfic Sewer. �Y _N AR-Plbg.Approval N: We mgton Co.Septic Approval#: _
;DESCRIPTION OF WORK
Gy S4pf tf� kfi�r
:Use of Building: ty 2 Previous Use:
OFFICE USE FOR PLAN REVIEWERS ONLY: - -
Construction Type: Occupancy Group: - -
Max Occupancy Load: - Fire Zone: - -
Protecdon ours):- - SprinNered: - Y - -N:
NOTICE
SEPARATE PERMITS ARE REQUIRED FOR ELECTRICAL,PLUMBING,GAS,MECHANICAL,AND SIGNS.
THIS PERMIT BECOMES NULL AND VOID IF WORK/CONSTRUCTION AUTHORIZED IS NOT COMMENCED
;WITHIN6 MONTHS,OR IF WORKICONSTRUCTIONIS SUSPENDED OR ABANDONED FAR APERIOD OF 6 MONTHS.Fpermit
that I have read and examined this application and know Ste same to be hue and correct. Aliprovisions nances governing this type of work wtU be complied with whether specified herein or not The grantmig of a es Trot presume to give authority to violate or cancel the provisions of any other state or local law regulating construction or the performance of construction. - - - - -
s—a7
Signature of avnerlContr.ct Aulha.-d t - lost.) -
Note:Inspe ' n of permitted work may reveal code violations not discovered during plan review. February 23,2004
Planning Commission
VAC 04-01.00(Campbell)
Page 1.4
Revised on 5/7/2003 Permit page 1
The following section of-the Grading and Excavation Ordinance applies to all constriction within _
the City ofFayetteville. Questions on complianbe should be directed to the City Engineer=s office
at 575-8206(125 W.Mountain Street).'
161.04 MINIMAL EROSION CONTROL REQUIREMENTS
(A) The potential for soil floss shall be minimized by retaining natural vegetation
wherever-possible.
(B) All graded and otherwise disturbed areas shall be stabilised within l5 days after each
state of final grade is established Stabilization methodssuch as baled straw, filter
fabric,,ditch checks, diversion ditches, brash barriers, sediment basins, matting,
mulches,grasses,and ground cover shall be used.
(C) No intermittent or perennial_stream, including a 25 foot perimeter strip measured
from the top of the bank,shall be graded,developed,channeled or physically altered
unless adequate guarantees are made for erosion and sedimentation control.
Likewise, cuts or fills shall be- set back sufficiently for intermittentand perennial
streams and other storm water drainage systems to guarantee that there will be no
damage from erosion or sedimentation
(D) Excavation material shall not be deposited in or so near streams and other storm
water drainage systems that it may be washed downstream by high water or runoff.
(E) Fording of streams with construction equipment or other activities which destabilize
stream banks shall not be permitted (Ord 3551,passed 6,4-91)
(F) Any debris. soil or mud from development sites reaching a public street shall be
immediately removed. Failure to immediately remove debris soil or mud from a
public street may result in thwe issuance of a stop work order by the Mayor or
his/her designated representative The stop work order shallin full force and effect
until the street is restored and adequate menaures are in place to insure that the
streets will remain clear.
Failure to immediately remove debris soil or mud from public streets may result in the City
performing such clean-up operations. In this event all cost. including labor equipment and
materials shall be billed to the property owner who is subiect to the requirements of Chanter 161•
Phvsmcal Alteration of Land (Ord. 3947,passed 2-6-95)
As a condition of this Building Permit Application,I agree to the requirements or Section 161.04
requiring minimal erosion control procedures as set forth above.
Applicants Signature: \�
February 23,2004
Planning Commission
VAC 04-01.00(Campbell)
Page 1.5
.. .. .. ........... ...:...
APPLICATION FOR CERTIFICATE OF ZONING COMPLIANCE
The applicant must provide a site plan, drawn to scale, showing setbacks and measurements from overhangs
on all proposed structures,existing structures;utility casements,off-street parking,driveways, landscaping and
other proposed permanent improvements like pools,hot tubs, heating or ac. units,decks,carports,etc. The
distance from any proposed structure to property nn"ust be dearly indicated. Floor plans may be required
for certain uses to verify zoning compliance.
NOTE:Property lines can be accuratdv determined only by survey The street is notthe front pronerty line
SECTION(A)ZONINGREQUIREMENTS: h - -
$PROPERTY ZONED $I�SITE AWL
ADDRESS: +�� f'fAl .ICA�Lu_ f1fte
Sri- - SPROPERTYOWNER: WU~"`•`�� —_""'i'W `_ HOME PHONE: 1F1A n' A - -
$PROPERTVOWNER=S ADDRESS: a14,3 Jy�9t@.pa.0 \1j'G,*'" CITY: , ,IfLY� STATE:-2111.1 ` V -
$NUMBER OF DWELLING UNITS:—.- THIS PROPERTYSUBJECPTORESMerIVECOVENANTS? YES NO
*IF
*IF YES,HAS THE APPROPRIATE REVIEW BOARD APPROVED THIS PROJECT? YES.--Z NO -
*NOTE.'THECnYDOESNOTENFORCERF.SMICT(VECOVENANTS THIS INFORMATIONISFORNOT1FICATIONPURPOSESONLy.-
THOSENOTAPPLYINGFORABUILDINGPERMIT,PLEASECONFINVETOSECTION(C)OTHERWISECOMPLETEENTIREAPPLICATIO,Y -
SECTION 7B)BUILDING SETBACKS
XSETBACKS: - FOR OFFICIAL USE ONLY:
$SCALE USED FOR SITE PLAN: PROPOSED: MINIMUM: COMMENT:
1 ^C
$PROPOSED BUILDING HEICHT:_ 4�_ NORTH: olJ1
RARE THERE OTHER STRUCTURES EXISTING ON THE LOT? - SOUTH: - -
YES NO Ifyes,please describe: VA EAST:
WEST: .
SECTION(C)NON-RESIDENTIAL REOUIREMENTS•. - -- - -
$BUSINESS NAME: - _BUSINESS PHONE: . --
$NAMEONLEASE: p - HOME PHONE:-
$HOME ADDRESS: •1 Q- CITY: .STATE:_ZIP: -
$INTENDED USE OF STRUCTURE: Iv PREVIOU - OFSTRUCI'URE:
$IS THE STRUCTURE VACANT? YES NO If yes,bow long has the structu en vacant?
$IS THE BUSINESS A HOME OCCUPATION? YES. NO If vide:permit B)#: PC approval date,, -
.$DOES THE USE REQUIRE AN AIR PERMIT FROM RKANSAS DEPARTMENT OF ENVIRONMENTQUALrrY? YES NO -
Ifyca,please provide a copy of the pennit -
$DOES THE USE PRODUCE AN ODOR?. NO If yes,please describe the odor.
$NUMBER OF EMPLOYEES: - -
$OUTDOOR STORAGE OF RIALAND/OREQUIPMENT? YES NO lfyos,pleasedosaibe: -
$SQ.FT.OF TOTA ILDING: SQ. FT. OF YOUR BUSINESS: SQ.FT. OF EXPANSION:
*NOTE.When a Home Occupation or change ofuse invites the public onto its premises by signage advertisements
orotherwtse then aChan e of0ecupanev Is re uired A Change of0ccupancy gguaW requires aWradons to b •
structure in to code compliance for the proposed occupancy Application for a Change of O cc bY,
obtained from the Building,Safetp Division or at the City Web site. ann n 7s3TaH
VAC 04-01.90(Campbell)
Page 1.6
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Page 1.7
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Page 19
FAYETTEVILLE PC Meeting Of February 23, 2004
THE CITY OF FAYETTEVILLE,ARKANSAS
125 W. Mountain St.
Fayetteville,AR 72701
Telephone:(479)575-5267
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM: Suzanne Morgan, Associate Planner
Matt Casey, Staff Engineer
THRU: Dawn Warrick, Zoning&Development Administrator, A.I.C.P.
DATE: February 20, 2004
CUP 04-01.00: Conditional Use (Wal-Mart/Mall Ave., pp 173)was submitted by CEI
Engineering Associates, Inc. on behalf of Wal-Mart Stores for property located at Mall Avenue
and Joyce Blvd. The property is zoned C-2, Thoroughfare Commercial and contains
approximately 24.9 acres. The request is to allow the use of 26, 40' long trailers for outdoor
storage/warehousing during the 2004 holiday season. Planner: Suzanne Morgan
RECOMMENDED MOTION: Staff recommends approval of the requested conditional
use with the following conditions:
1. Any existing storage units on-site shall be removed within two weeks of date of
approval.
2. The 26 seasonal storage units shall be permitted from October 15,2004 to January
1,2005 only.
3. Storage units shall be located at the southwest portion of the site in parking area for
the lube center or within the new parking area proposed to be built and shown on
submitted plans.
4. Storage units shall not be allowed on this site in the future after January 1,2005.
5. The applicant shall coordinate with the Solid Waste division for any additional solid
waste disposal requirements. Additional and existing outdoor trash containers shall
be screened in accordance the Unified Development Code.
February 23,2004
Planning Commission
K.IREPORTSI2004TC REPORTSI02-23-041CUP 04-01.00 WAL MARnCUP 04-01.00 WAL MART-CLji'W1Q41MM(Wal-Mart/Mall Ave)
Page 2.1
PLANNING COMMISSION ACTION: Required YES
O Approved O Denied
Date: February 23,2004
Comments:
The CONDITIONS OF APPROVAL listed in this report are accepted in total without
exception by the entity requesting approval of this conditional use.
Name: Date:
BACKGROUND:
This proposal was heard by the Planning Commission on January 26, 2004 at which time this
project was tabled. (See attached minutes)
Property description: The subject property is located at the southwest corner of Mall Avenue
and Joyce Boulevard zoned C-2, Thoroughfare Commercial.
Proposal: The applicant requests to use a portion of the subject property for outdoor storage
during the 2004 season. There will be 26 trailers located on site from October 15"'through
January 1st. The storage units measure 8' wide, 40' long, and 8'6"tall and are not anchored to
the ground. The applicant proposes to locate the trailers to the south of the store in a parking lot
which is proposed to be developed at a later date. The applicant has proposed a 2,500 square
foot addition to the existing building for storage purposes; however, due to time constraints the
applicant does not foresee this construction completed by the next holiday season. No screening
is proposed.
Request: The request is to allow for warehousing use within a commercial zone for the purpose
of 26 outdoor storage trailers from October 15, 2004 to January 1, 2005. The applicant proposes
to construct a 2,500 sq. ft. expansion to the southeast corner of the existing structure for storage
purposes.
Recommendation: Staff recommends approval of the request to allow outdoor storage, classified
as warehousing, on the subject property during the 2004 holiday season. The storage containers
will be located on the site for a limited period of time, and the applicant will alleviate the need
for storage containers by expanding the existing structure.
SURROUNDING LAND USE AND ZONING
Direction Land Use Zoning
North Best Buy C-2, Thoroughfare Commercial
February 23,2004
Planning Commission
K:IREPORTS12004WCREPOR7'SI02-23-041CUP 04-01.00 WAL A14RnCUP 04-01.00 WAL MART-COGD➢P/O7t3Q M(Wal-Mali/Mall Ave)
Page 2.2
South Vacant R-O, Residential Office
East David's Bridal, Cici's Pizza, etc. C-2, Thoroughfare Commercial
West Vacant C-2, Thoroughfare Commercial
GENERAL PLAN DESIGNATION: Regional Commercial
§ 163.02. AUTHORITY; CONDITIONS; PROCEDURES.
B. Authority; Conditions. The Planning Commission shall:
1. Hear and decide only such special exemptions as it is specifically
authorized to pass on by the terms of this chapter.
2. Decide such questions as are involved in determining whether a
conditional use should be granted; and,
3. Grant a conditional use with such conditions and safeguards as are
appropriate under this chapter; or
4. Deny a conditional use when not in harmony with the purpose and intent
of this chapter.
C. A conditional use shall not be granted by the Planning Commission unless and
until:
1. A written application for a conditional use is submitted indicating the
section of this chapter under which the conditional use is sought and
stating the.grounds on which it is requested.
Finding: The applicant has submitted a written application requesting a conditional
use permit for warehousing use within a C-2 zone.
2. The applicant shall pay a filing fee as required under Chapter 159 to cover _.
the cost of expenses incurred in connection with processing such
application.
Finding: The applicant has paid the required filing fee.
3. The Planning Commission shall make the following written findings before
a conditional use shall be issued:
(a.) That it is empowered under the section of this chapter described in
the application to grant the conditional use; and
February 23,2004
Planning Commission
K.V2EPORTS120041PCREPOR7S102-23-041CUP 04-01.00 WAL A4ARnCUP 04-01.00 WAL MART-COC.k3P!&ASMM(Wal-Mart/Mall Ave)
Page 2.3
e
Finding: The Planning Commission is empowered under § 163.13 (see attached) to
grant the requested conditional use permit.
(b.) That the granting of the conditional use will not adversely affect
the public interest.
Finding: Granting the requested conditional use from October 15,2004 to January 1,
2005 will not adversely affect the public interest. The applicant is proposing
to use 26 storage units during this time period after which they will be
removed and no longer required with the expansion of the existing structure.
(c.) The Planning Commission shall certify:
(1.) Compliance with the specific rules governing individual
conditional uses; and
Finding: The applicant has complied with specific rules governing this individual
conditional use request.
(2.) That satisfactory provisions and arrangements have been
made concerning the following, where applicable:
(a.) Ingress and egress to property and proposed
structures thereon with particular reference to
automotive and pedestrian safety and convenience,
traffic flow and control and access in case of fire or
catastrophe;
Finding: The number and proximity of the proposed trailers to each other will not
pose a risk to the ingress and egress of the site if a fire or other disaster were
to occur within one or more storage unit at the location they are proposed.
(b.) Off-street parking and loading areas where required,
with particular attention to ingress and egress,
economic, noise, glare, or odor effects of the special
exception on adjoining properties and properties
generally in the district;
Finding: The storage units may slightly decrease the current amount of on-site
parking; however ample parking is being provided at this site. Access to the
rear of the building and sides of the principle structure may decrease.
(c.) Refuse and service areas, with particular reference
to ingress and egress, and off-street parking and
loading,
K.IREPORTS120041PC REPORTS102-23-041CUP 04-01.00 WAL RMCUP 04-01.00 WAL MART-CONDITIONS.DOC February 23,2004
Planning Commission
CUP 04-01.00(Wal-Mart/Mall Ave)
Page 2.4
Finding: If approved,the applicant shall coordinate with the Solid Waste division for
any additional solid waste disposal requirements. Additional and existing
outdoor trash containers shall be screened in accordance the Unified
Development Code.
(d) Utilities, with reference to
locations, availability, and compatibility;
Finding: All required utilities exist.
(e.) Screening and buffering with reference to type,
dimensions, and character;
Finding: The applicant has not proposed screening.
(£) Signs, if any, and proposed exterior lighting with
reference to glare,traffic safety, economic effect,
and compatibility and harmony with properties in
the district;
Finding: No signage is being proposed at this time.
(g) Required yards and other open space; and
Finding: N/A
(h) General compatibility with adjacent properties and
other property in the district.
Finding: The adjacent properties consist of commercial businesses. The proposal to
utilize a portion of the subject property for outdoor storage/warehousing use
to store containers will be temporary while the applicant remedies the need
for storage space by increasing the size of the existing building.
K.WEPORTSI2004PCREPOR7SI02-23-04'CUP 04-01.00 WAL MARnCUP 04-01.00 WAL MART-CONDITIONS.DOC February 23,2004 -
Planning Commission
CUP 04-01.00(Wal-Mart/Mall Ave)
Page 2.5
CHAPTER 161: Zoning Regulations
161.17 District C-2,Thoroughfare Unit Wireless communications facilities
Commercial 36
(A) Purpose. The Thoroughfare Commercial
District is designed especially to encourage the (C) Density. None.
functional grouping of these commercial
enterprises catering primarily to highway (D) Bulk and area regulations. None.
travelers.
(B) Uses. (E) Setback regulations.
(1) Permitted uses. Front 50 ft.
Unit 1 City-wide uses by right Side None
Unit 4 Cultural and recreational facilities Side,when contiguous to a residential 15 ft.
Unit Offices, studios and related services district
12 Rear 20 ft.
Unit Eating places
13
Unit Hotel, motel, and amusement facilities (F) Height regulations. In District C-2 any
building which exceeds the height of 20 feet
14 shall be set back from any boundary line of
Unit Neighborhood shopping goods any residential district a distance of one foot
15 for each foot of height in excess of 20 feet. No
Unit Shopping goods building shall exceed six stories or 75 feet in
16 height.
Unit Trades and services
17 (G) Building area. On any lot, the area
Unit Gasoline service stations & drive-in occupied by all buildings shall not exceed 60%
18 restaurants of the total area of such lot.
Unit Commercial recreation, small sites
19
Unit Commercial recreation, large sites
20
Unit Adult live entertainment club or bar
33
Unit Liquor store
34
(2) Conditional uses.
Unit 2 City-wide uses by conditional use permit
Unit 3 Public protection and utility facilities
Unit Warehousing and wholesale
21
Unit Center for collecting recyclable materials
28
Unit Sexually oriented business
32
Unit Outdoor music establishments
35
K.IREPORM004PCREPORTS102-23-041CUP 04-01.00 WAL AMAR71CUP 04-01.00 WAL MART-CONDITIONSDOC February 23,2004
Planning Commission
CUP 04-01.00(Wal-Mart/Mall Ave)
Page 2.6
QCEI Engineering Associates, Inc.
Corporate Office: 3317 SW"I"Street • P.O. Box 1408 Bentonville, AR 72712-1408 (479) 273-9472 (479) 273-0844
February 17,2004
To: City of Fayetteville
Planning Department
125 West Mountain Street
Fayetteville,AR 72701
Re:Trailer Storage
CEI Project#18889.0
To Planning Staff and Planning Commission:
Wal-Mart Store #359 located at Mall Lane Ave.and Joyce Blvd. is applying for a Conditional Use Permit
for outdoor storage/warehousing during the holiday season.There will be a total of 26 trailers,which
measure 8'wide,40' long and 8'-6"tall from October 15°through January I". We are not proposing any
permanent trailers.The peak number of trailers on site is the week before Thanksgiving after that the
number will begin to reduce.
Wal-Mart does intend to proceed with a 2.500 SO FT stockroom expansion,which will be located at the
southeast corner of the building. This expansion will help relieve the storage needs.Due to design,permit,
and construction time is very unlike that the stockroom expansion will be ready for the 2004 Christmas
Season. We there for asking to use 26 storage units for the Christmas Season of 2004. After the 2004
Christmas Season the trailers will be removed and no longer required in the future. In showing good faith
to the City of Fayetteville,Wal-Mart will grant access easement and construct a section of trail from Wal-
Mart's property that will connect to the new Mud Creek Trail if the use of storage units is approved for the
2004 Christmas Season.
Todd Jacobs
Project Ma g
t/P mcw
J
February 23,2004
Planning Commission -
CUP 04-01.00(Wal-Mart/Mall Ave)
Bentonville,AR • Fresno,CA • St.Augustine, FL • Nashville,TN • Atlanta, GA • Dallas,TX • Wills Point,TX • Jasonville, IN • S&99!63,�A
FAYETTEVILLE
THE CITY OF FAYETTEVILLE,ARKANSAS - -
125 W. Mountain St,
Fayetteville,AR 72701 - -
PLANNING DIVISION CORRESPONDENCE Telephone:479-575-8267
TO: File
FROM: Dawn T. Warrick, Zoning&Development Admi> N
DATE: January 5, 2004
SUBJECT: Conditional use requests warehousing for Wal-Mart
After reviewing submitted application materials and comments from various City divisions,
Planning staff is unable to recommend in favor of allowing warehousing and storage facilities on
existing retail sites as requested.
Many retail operators could certainly benefit from being able to expand and contract inventory
based on season or intermittent demands. However, it is not in the best interest of the City of
Fayetteville to allow this type of activity if it is dependent upon the use of temporary structures
which do not meet the City's development codes.
Warehousing in a thoroughfare commercial zoning district is not consistent with the City's
adopted commercial design standards nor is it compatible generally with the type of commercial
development that may be approved in Fayetteville. The proposed storage structures contain large,
blank,unarticulated wall surfaces, they are square and box-like and they do not relate in form,
function or materials to the existing development on the site. While screening may be
appropriately applied to certain elements of a commercial development, activity areas which are
generally located within a structure need to be architecturally incorporated into the project.
It is recommended that these applicants seek alternative measures to satisfy their storage needs. It
is possible to consider a permanent addition to either structure, and off-site storage arrangements
would be possible if located within the proper zoning district.
K:IDamvn0004 Conerpondmm1warehoaain9Fthffl (23 2004
Planning Commission
CUP 04-01.00(Wal-Mart/Mall Ave)
Page 2.8
THE-aMOF FAYM'MMU C AXKAIISAS
To: Suzanne Morgan, Associate Planner<
Planning Commission
From: Chuck Rutherford, Sidewalk Administrator
Date` January 22,2004
Subject: Sidewalk recommendation for CUPs
CUP 04=0300; Conditional Use(Miss Cherrie's Playhouse,pp 562)located at
425 W. 1 I Street: The request is to allow a day care in an existing single family
home_.SideWalks'are not existing on both sides of the street. A sidewalk constructed
at this 160-ation would be a stand alone sidewalk. I recommend money in lieu of
sidewalk construction at the single family regerement of$630.
CUP 04-05 00: Conditional Use(Brian Turley, pp398)located on 51" Street,north
of Wedington Drive. The request is.to aUow for construction of a duplex. Curb and'
gutter does not exist at this location, open ditch drainage exists without sidewalk on
both sides of the street. A sidewalk constricted here would be a stand alone
sidewalk. I recommend money in lieu of sidewalk construction at the duplex
requirement of$720.
3. CUP 04-01.00:-Conditional Use(Wal-Mart/Mall Ave., pp173) located at Mall
Ave. and Joyce Blvd. Sidewalks are existing on Mall Ave. and Joyce Blvd.
=CUP 04-02.00: Conditional Use.(Wal-Mart,pp557)located on U.S. Hwy 62, west
of 1=540. My recommendation is for the construction of a six foot wide sidewalk
along U.S. Hwy 62(e Street).
February 23,2004
Planning Commission
CUP 04-01.00(Wal-Mart/Mall Ave)
Page 2.9
113.WEST MOUNTAIN 73701 501 521-7700
FAX 501-575-8257 - -
Planning Commission
January 26, 2004
Page 8
CUP 04-01.00: Conditional Use (Wal-Mart/Mall Ave., pp 173) was submitted by CEI
Engineering Associates, Inc. on behalf of Wal-Mart Stores for property located at Mall
Avenue and Joyce Blvd. The property is zoned C-2, Thoroughfare Commercial and
contains approximately 24.9 acres more or less. The request is to allow the use of 45, 40'
long trailers for outdoor storage/warehousing during the holiday season with 10 trailers
retained for year round usage proposed.
CUP 04-02.00: Conditional Use (Wal-Mart/Hwy. 62, pp 557) was submitted by CEI
Engineering Associates, Inc. on behalf of Wal-Mart Stores for property located on U.S.
Hwy 62, west of I-540. The property is zoned C-2, Thoroughfare Commercial and
contains approximately 28.70 acres. The request is to allow the use of 60, 40' long trailer
for outdoor storage/warehousing during the holiday season with 10 trailers retained for
year round usage proposed.
Hoover: Item number three on the agenda is CUP 04-01.00 for Wal-Mart located
on Mall Avenue and Joyce Blvd. Suzanne?
Morgan: Items number three and four are approximately similar requests with the
exception of location and location of the requested storage trailers on the
property. This particular request, the applicant is requesting to use a
portion of the subject property for outdoor storage on a seasonal and a
year around basis. There will be a total of 45 trailers on this site, which is
located at Mall Avenue and Joyce Blvd. There will be 45 trailers from
October 15`h to January 15`h with 10 trailers to.remain for year around
storage. The applicant is proposing a 9' tall 800' long masonry wall along
the western property line as well as 64 trees, proposing the installation of
64 new trees. The request is to allow for a warehousing use within a
commercial zone for the purpose of these storage trailers for both seasonal
and year around use. Staff is recommending denial of the request to allow
outdoor storage classified as warehousing on the subject property. Staff
finds that the storage containers are not in harmony with the surrounding
development and do not meet the criteria for Commercial Design
Standards. Staff finds that warehousing and storage facilities are not
generally with the surrounding commercial development and the use of the
proposed temporary structures in a Thoroughfare Commercial. Staff also
finds that the number and proximity of the proposed trailers pose a risk for
ingress and egress access as well as a potential fire hazard. The adjacent
properties are consisting of commercial businesses with the proposal to
utilize a portion of the subject property for outdoor storage and
warehousing use. The storage containers do not meet the Commercial
Design Standards and will not enhance or be compatible with adjacent
properties. Staff is recommending denial of this request. Would you like
me to read information for item number four as well?
Hoover: Yes, I'm thinking why don't you go ahead and do that. February 23,2004
Planning Commission
CUP 04-01.00(Wal-Mart/Mall Ave)
Page 2.10
Planning Commission
January 26, 2004
Page 9
Morgan: Ok, thank you. This is CUP 04-02.00 submitted by CEI Engineering on
behalf of Wal-Mart Stores for property located at Hwy. 62 west of I-540.
This property is zoned C-2, Thoroughfare Commercial and contains
approximately 28 acres. The request is to allow the use of sixty 40'
trailers for outdoor storage and warehousing during the holiday season
with ten trailers retained for year around usage. This applicant has
proposed a 10' tall 60' long wood fence for screening as well as trees and
shrubbery. Staff is also recommending denial of this request for outdoor
storage with the same findings as the previous request.
Hoover: Thank you. Would the applicant come forward and do you have a
presentation?
Jacobs: Good evening, my name is Todd Jacobs, I'm with CEI Engineering, I
represent Wal-Mart. I would just like to go over a few things and why
both stores are asking for Conditional Uses for trailers. Wal-Mart is one
of the few remaining retailers that allow lay away. Most other big box or
retailers do no longer have a lay away plan. Most of the trailers that are
being used at both stores, almost 80% of it is used for layaways for the
customer. This is not Wal-Mart adding extra merchandise but for the
customer's benefit of having their layaways on hand at the store verses
being kept off the property. I know the city and the staff are worried about
setting a precedent here with the use of container units for a store but I'm
sure some retailers would like to have trailer units as well. With that in
mind, I would like to address the Joyce Mall store first. What they
proposed was a masonry wall in the back of the store to screen not only
the trailer units but it would also screen the day to day operations of what
goes on at the store. I'm sure on your trip you realized in the back there
are lots of utilities, fire doors, transformers, gas meters, pallets, there is
also a trash compactor. With that wall and the future development that is
going to go into Steele Crossing, that would be screened. You would not
see it regardless of if the trailer units are going to be there. With that in
the rear the future development going in there would not see the day to
day activity and it would also enhance what is potentially going in that
area commercially. Also, on the sides of that Wal-Mart are trailer loading
areas. What we are proposing is also a masonry wall, 9' tall that would
screen the units that would be there and also would screen the truck wells,
the docks that are visibly seen from Joyce Blvd. and the parking lot. With
that they would be screened and the additional landscaping that we are
proposing, we know this is a sticking issue, would also try to help that area
and enhance it. The trees that we have called out for are much larger size
than what the city's typical specs are. Also, the amount of trailers, we
tried to strip it from the seasonal use, October 16`h to January I5`h. I know
there have been some issues with the Fire Department but after taking the
measurements up there, the working drawings, there is ample room for a
fire truck, even the larger size to get in and out for service. That wa s
an issue that we look at from the engineering point of view is the M��ry 23,2004
mmission
CUP 04-01.00(Wal-MartlMall Ave)
Page 2.11
Planning Commission
January 26,2004
Page 10
not only our applicant but the community as well. There is room for the
fire truck. There are also some questions about the containers themselves.
They are still containers enclosed. The likelihood of a fire in one, it would
not be likely with the lack of oxygen it is hard for it to set fire. With that,
we had looked at possibly adding onto the store but it was only applicable
for only those two and a half months a year. The big reason for Wal-Mart
for both stores is the use of layaway for their customers_ Otherwise, they
will be forced to look outside of their property or outside the city for
places to house someone's layaways. Therefore, when someone comes for
Christmas to pickup their layaway there would be a time frame lag of
asking for your item and having it on hand verses going off site to get it.
On both stores we have attempted to add trees and shrubs, not only to
screen but add something back to Fayetteville to help beautify. With that
said, I will answer any questions that you may have.
Hoover: Thank you. At this time I will open it up to the public if anyone would
like to comment on this CUP 04-01.00 or CUP 04-02.00, both of them for
the Wal-Mart stores. Seeing no one from the audience, I will bring it back
to the Commission.
Graves: My law firm and I represent Wal-Mart, not on this particular matter, I'm
not sure the procedure for this but they are one of our clients so I wanted
to disclose that up front.
Hoover: Does that mean that you want to recuse?
Graves: I'm not looking for an opinion, I would be happy to recuse.
Hoover: Thank you, I appreciate it. I have a question for staff and I don't know if
you know the answer to this. It seems like these trailers are needed for
layaway items and I'm wondering how other stores like Target, I'm sure
Target has layaway, what they do with theirs? Are you aware?
Warrick: I'm really not certain which other retailers do provide a layaway program.
We do not, to my knowledge, have any other large retailers that have this
type of facility on site. If they by chance do have a trailer or two they are
not there by approval because this is something that requires Planning
Commission approval. It is a Conditional Use because it is warehousing
in a commercial district. I'm not aware of any other facilities.
Vaught: I have a question, how tall are the trailers?
Jacobs: The trailers are 8' wide, 40' long and 8 %' tall. Sitting on the ground,
asphalt so you would have the trailer, a 6" curb and then a 9' tall wall so
you would be screening at least 9 Yz' which covers almost % of the back of
the Joyce Mall and the sides of the 6`h Street Wal-Mart.
February 23,2004
Planning Commission
CUP 04-01.00(Wal-Mart/Mall Ave)
Page 2.12
Planning Commission
January 26, 2004
Page 11
Vaught: If they are for layaway and primarily seasonal why are you asking for
some year around trailers?
Jacobs: Some of that is for seasonal use_ For spring when garden season starts up
it is pretty much for spring and winter. The ten that they keep year around
is basically just for seasonal items. There is flexibility in our proposal for
how many we keep on site. If ten is not allowed we are very flexible in
not having ten year around. We will just keep the 45 from the dates that
we pick and that would be it. If Wal-Mart did not keep their agreement
then a fine should be set and they should be penalized.
Vaught: What would the repercussion be if we found they weren't in compliance?
Warrick: If the Planning Commissioner were to approve a Conditional Use with
conditions and for some reason one of those conditions was not being
complied with we would need to bring that back to the Planning
Commission to revoke the Conditional Use, that would be staff's
recommendation unless you chose to add conditions or somehow modify
your approval. If the Conditional Use were withdrawn and the activity
continued we would forward this to the city prosecutor's office for further
action.
Williams: Another option would also be taking some sort of mandatory injunction
procedure if they were refusing to comply with the Conditional Use that
they agreed to.
Vaught: One of my main concerns on especially the Mall one are the trailers
located right by Joyce. They are just not going to be screened from Joyce.
Those are my main concerns. I understand the need for extra storage.
What other options are there to say Wal-Mart, is the only other option to
build onto the store to create a storage area or what are the other options
that code would allow?
Warrick: The code would certainly permit this user to rent or own or develop
warehouse space in an alternate location that is in the proper zoning
district. That is an option that is currently available to this applicant. I
think that the applicant's representative has done an admirable job of
showing that they can provide adequate screening, or attempt to provide
adequate screening. I think that both of these sites would benefit from the
screening regardless of whether or not the storage was allowed. What I
think is very important to look at though is regardless of whether or not
the storage units are visible or somewhat visible, the land use is very key.
That is the reason that this is not a use that is permitted by right in this
zoning district. It is conditional and only conditional by the fact that the
Planning Commission can find a way to ensure compatibility through
screening or some other type of mitigating circumstance it n be
approved as a Conditional Use. Staff is very concerned that the 23,2004
Iii mmission
CUP 04-01.00(Wal-Mart/Mall Ave)
Page 2.13
Planning Commission
January 26, 2004
Page 12
best way to approach this because we are talking about wholesale
warehousing on a site that is zoned for Thoroughfare Commercial use for
retail operations. What they are proposing is a large amount of
warehousing. We have sites in the city that are properly zoned for
warehousing and even though this is a temporary annual type application
it is something that affects the site year around. It affects all of the
adjoining sites and it affects the way that we deal with all of the
commercial users within the city. Primary concerns are the facts that we
are looking at a use that is not compliant in any way with Commercial
Design Standards. This use is being established on a commercial site. I
think that is very important that we are able to address that and typically
when we talk about Commercial Design Standards screening is not a
mechanism to comply with architectural design standards. It does mitigate
but it does not make something a non-metal wall. It does not make
something articulated. It just hides it.
Jacobs: Can I address that question as well? It is a mitigation. We cannot hide the
trailers, they are metal, that is just the fact of it. With this screening you
are getting a dual benefit. Wal-Mart is getting to keep their trailers for lay
away and you are screening the back of a building that quite frankly will
be seen further down Joyce as commercial development continues. It is a
tradeoff for Wal-Mart to pay for the masonry wall and to get to keep the
trailers. I took a really close look at that on Monday and the
measurements. I had a hard time myself being convinced, I live in
Fayetteville, should we have trailers? I went back to the store and took a
close look at it. It is an option up to you. In my opinion for allowing Wal-
Mart to keep their trailers you do get screening for the back of the
building, you get additional landscaping that will also cut down on not
visibly seeing the building but what's along Joyce, the trailers on Joyce
will be difficult to see once the trees are in. Landscaping is not an instant
impact, we all know that. We have called out some bigger trees that
would grow in that area. Loblolly pines are, as we all know, are very fast
growing, we've called out 10'. They grow quick. That would screen the
corner of that building. We have also called out bald cypress there on the
Joyce side. Where they are planted is a very wet area. We know that bald
cypress is a very tall, very fast growing tree. We know this is a precedent.
We really want to try to work with the city and staff on the number of
trailers and the dates and the amount of landscaping. We are very willing
to add more landscaping and some more walls for this. Like I said, it is
for layaway, it is for a customer's benefit. It is for Wal-Mart because it is
their customer but basically those trailers are used for the customer's
layaway.
Vaught: How did you guys come up with 45 and 60? That is a large number of
trailers.
February 23,2004
Planning Commission
CUP 04-01.00(Wal-Mart/Mall Ave)
Page 2.14
Planning Commission
January 26, 2004
Page 13
Jacobs: It is a large number of trailers. Basically, the short story of the thing is
both Wal-Mart stores have always had trailers but we've never noticed or
no one has ever brought it to the forefront_ I asked the store managers to
count the numbers they have had over the past couple of years. Two years
ago they had 70 unit trailers at the Joyce store and probably the same
amount at 6a' Street. They have that number down from 70 two years ago
to 55 this year during peak Christmas. Both stores were roughly the same
numbers. They have had them before in the last two or three years, I think
it is probably just slipped by everybody, Planning Commission, staff,
everybody and it has probably just come to the forefront now that we see
them around. Forty five is what I asked the store managers for kind of a
number realistically they could probably do with minimum. They have
told me tonight that they are willing to go lower if there is a possibility of
trying to work things out. Forty five was back at Christmas and the peak
time and customers everywhere is how they came up with that number.
Shackelford: As I look at this project I don't think I concur with staff that this is
substantial warehousing in commercial zoning. It is kind of a shock to
think about this number of trailers but the core of this is you still have a
210,000 sq.11. building of retail space in a commercial zoning. If you look
relatively speaking the amount of warehousing they are requesfing is not
that big of a percentage of the overall square footage of the footprint.
With that being said, I think the screening and landscaping are very key to
this. I also had some concerns about the views from Joyce Street. As I
drove it today I noticed that there is a pretty good that the existing
landscaping, the terrain of the property and the berm, that side of the
building is not that visible from Joyce Street. My opinion coming into this
meeting was that it might be a fair tradeoff for the City of Fayetteville to
allow them to do this just so that we can get the screening and landscaping
that they propose that might make the overall project more beneficial or at
least look better to the overall community. One thing that the applicant
has said that I find very interesting is that they have been doing this in the
past and nobody has noticed so that says something about the impact that
this has on the location. Nobody, including ourselves; noticed it through
the holiday seasons when we have driven by these properties and had any
concerns in the past. I'm not sure at this point that we wouldn't be better
off trying to figure out something that we could agree to to allow the
applicant to have their way and to get the screening and landscaping that
might be better off for the whole city. That's my opinion.
Vaught: I would agree. The only trailers I would worry about on this site would be
those up next to Joyce. Limiting the year around trailers maybe to the
location by the Tire and Lube Center. I don't know of anywhere in the
city that you can see that side of the building unless you drive back there.
I agree with Commissioner Shackelford, 45 is a large number, if people
want to reduce that I would understand that as well but I donlei ink 23,2004
especially for the seasonal use, that it really changes the nat�h% 1403iinmission
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Planning Commission
January 26, 2004
Page 14
entire site. Like I said, if there is anything that I would have a problem
with it would be the ones right next to Joyce. I think driving by on a daily
basis people probably wouldn't be able to tell the difference between these
trailers and the normal trailer activity with deliveries and things pulling in
and out.
Church: I guess I would say being in retail I can certainly understand being out of
space and needing additional storage space. I guess I see something on a
temporary basis. I guess if you are looking at something more year around
I think that might require a more permanent fix and I think that's where
staff is probably coming from. I guess the only other comment I would
make, I think it has been announced in the paper recently the stadium
seated theater project, which I believe is due to go in behind Wal-Mart. If
we are putting a premier project in I think we certainly need to take a hard
look at what kind of screening that is going to be done adjacent to a
project like that that is going to be getting so much traffic on a day in and
day out basis.
Hoover: Thank you. I would like to make one point when Commissioner
Shackelford referenced the number of trailers, that comes up to 14,400
sq.ft. so the square footage is actually the size of a building,just to put that
in perspective for everybody. I agree with Commissioner Church, I
appreciate that.
Ostner: My issue with this is that it is a precedent. This can happen all over town
tomorrow. It can happen at Lowe's. I don't know why the mall wouldn't
want to. Any commercial business could petition us for 40, 50, 60 or 100
trailers and suddenly we are swamped with drawings of a wall here, a
screening there, how tall when in fact it is a shortcut. It is a temporary
warehouse that is prefab, you bring it in and set if off on a crane, which is
fine, but it is in the wrong place. §163.02C(3)b reads, it questions "The
granting of this Conditional Use will not adversely affect the public
interest." The finding that the staff has generated, which I concur with,
"Granting this requested Conditional Use is not in the best interest of the
public. Warehousing and storage facilities are not compatible with the
surrounding commercial development and the use of the proposed
temporary structures and the thoroughfare commercial zoning district is
not consistent with the design standards." Which goes back to what Ms.
Warrick touched on is these are buildings. Just because they come in on a
crane and go off on a crane doesn't mean they are not structures. I think
we are going to be really song as a Commission if we open a flood of
temporary buildings throughout our city in the wrong zone. The safety
concerns me, if we are installing temporary buildings there is no sprinkler
system. Here is another finding, §163.02C.3.2.a talking about ingress and
egress. "Ingress and egress and structures thereon with particular
reference to automotive and pedestrian safety and traffic fl I
Tebrruuary23,2004
understand that there is access, there is room for a fire truck.P9&#&mmjssion
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