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P&Z Approves Warehouse Definition

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The Planning & Zoning Commission approved a definition for warehouse and distribution centers that will help the commission handle applications on those types of structures.

The newly approved definition for warehouse states it is a “building or buildings used for the storage of goods and products prior to being distributed, sold, or used. Storage of explosives or bulk storage of flammable liquids or gasses is prohibited unless incidental to the use of the property and are otherwise permitted.”

The newly approved definition for distribution center states it is a “building or buildings used for the delivery, mixing, manipulation, sorting, packaging, short-term storage or distribution of goods and products prior to being sold or used. Storage of explosives or bulk storage of flammable liquids or gasses is prohibited unless incidental to the use of the property and are otherwise permitted.”

In addition to the basic definitions, regulations were added to require 100 foot setbacks of the buildings and parking areas from the property lines, and require 50 foot natural or planted buffers, require traffic impact analysis, and requiring additional buffers for any goods stored outside.

While the application for the text amendments was initiated by the ad-hoc Newtown Neighbors Alliance that was in opposition to a proposed 344,880 square foot warehouse to be built by Wharton Equity Partners, LLC, last year — the actual application was filed by the zoning commission itself.

The Newtown Neighbors Alliance previously proposed a six-month moratorium on warehouses/distribution centers and garnered much public participation; however, it was not passed by the commission.

The need for a definition stems from Wharton’s application, which had been seeking a Special Exception to M-2A Zoning for the property at 10 Hawleyville Road.

There had been some disagreement between Wharton and the commission on whether the building was a warehouse or a distribution center, with Wharton steadfastly claiming the building to be a warehouse, but the commission and residents noting that the 80-plus truck bay doors was speaking to a high volume of trucks coming in and out, which would be a distribution center.

P&Z denied the application, 3-2, at a meeting on June 16, following two months of public hearings filled with residents heatedly opposed to the project.

Land Use Director Rob Sibley said if a type of structure is not clearly defined in the regulations, it means that the commission has to rely on earlier decisions on similar structures for precedent. A definition removes that reliance. The definition will be added to all zone types where those types of buildings are allowed under special exception. Additionally, some requirements such as setbacks can be set with the definition.

“It just gives the commission a tighter understanding,” said Sibley. “Zoning regulations are a living document, with standards applied by state statute.”

Associate Editor Jim Taylor can be reached at jim@thebee.com.

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