City Attorney Fay said the applicant, Mr. George Mize and the representatives from Dollar General are present here this morning and said that they are requesting that Condition Number 5, as it relates to no delivery during peak hours, be eliminated from the ordinance. He then called on Mr. Rick Jones of the Planning Department to make some comments.
Mr. Rick Jones said after our last conversation on this matter during the meeting at the end of last year, the staff went back and looked at what this condition was trying to say to us. He said they were trying to make sure that we weren’t getting into a situation where we would have some issues with truck traffic, particularly at peak hours. He said we then got into a conversation as to what constitutes peak hours, and said they really don’t have anything in the ordinance to propose that.
He said they went back and looked at that and earnestly, they just felt like, after all had been said and done, there really wasn’t a whole lot that this particular condition was going to accomplish.
Mr. Jones said it is their understanding that they may have one or two truck deliveries during the week and he don’t think that is going to be a daily occurrence.
He said they just felt like that was not going to be a real issue to us, in terms of making those turns and blocking traffic, or anything else; certainly not to the point that it was going to warrant any concern on the City’s part; therefore, they are asking that the condition be removed, as we don‘t see there is a need for it at this time. He said they think that they have accomplished everything else that they need to accomplish to make sure this development occurs.
Mr. Jones, in responding to a concern expressed by Councilor Allen at the last Council meeting that this matter was discuss, as it relates to a definition of peak hours, said we don’t have a definition of peak time, but said they are going to correct that problem and put that it in the UDO itself.
Councilor Thomas made a motion to delete Condition Number 5 in the ordinance. Seconded by Councilor Garrett
After some discussion on the motion, with Mr. Jones, Mr. George Mize and Mr. Tom Hodges, of Dollar General responding to questions of members of the Council, the question was then called on the motion to delete the condition from the ordinance, which carried unanimously by those nine members of Council present, with Councilor Huff being absent from the meeting.
Councilor Thomas then made a motion to adopt the ordinance as amended. Seconded by Councilor Garrett and carried unanimously by those nine members of Council present, with Councilor Huff being absent from the meeting.