Planning Commission

PLANNING COMMISSION AGENDA MAY 13, 2014 7:00 PM CITY HALL A. Roll Call B. Approval of March 11, 2014 Minutes C. Old Business: (TABLED AT MARCH 11, 2014 MEETING) 1. SUP2014-002 Eldon Smith – Request for a Special Use Permit to add used auto sales to an existing church use on a 1.34 acre parcel located at 4521 Buford Hwy. in Land Lot 258, 6th District, Gwinnett County, Georgia. D. New Business: 1. CIC2014-004 The Forum – Request to add a free-standing, drive-up ATM on property located at 5155 Peachtree Parkway in Land Lot 317, 6th District, Gwinnett County, Georgia. E. City Business Items: 1. Town Center LCI Overview F. Comments by Staff and Planning Commissioners. G. Adjournment.  DRAFT COPY CITY OF PEACHTREE CORNERS PLANNING COMMISSION MARCH 11, 2014 The City of Peachtree Corners held a meeting on Tuesday, March 11, 2013 at 7:00pm. The meeting was held at City Hall, 147 Technology Parkway, Suite 200, Peachtree Corners, GA, 30092. The following were in attendance: Planning Commission: Matt Houser, Chairman, Post D Alan Kaplan, Post A Mark Middleton, Post B Mark Willis, Post C Italia Metts, Post E Staff: Diana Wheeler, Community Development Director Kym Chereck, City Clerk MINUTES: MOTION TO APPROVE THE MINUTES FROM THE NOVEMBER 12, 2013 PLANNING COMMISSION. By: Mark Willis Seconded by: Italia Metts Vote: Passed 5-0 (Willis, Metts, Houser, Kaplan, Middleton) OLD BUSINESS: There was no old business. NEW BUSINESS: 1. SUP2014-001 Seigakuin School Request for a Special Use Permit to add church and community uses to an existing 3.79 acre school facility zoned R-100 and located at 5505 Winters Chapel Road in Land Lots 311 and 312, 6th District, Gwinnett County, Georgia. Mrs. Diana Wheeler, Community Development Director, presented the case to the Commission. Mrs. Wheeler provided background information regarding the applicant’s request. The applicant is requesting a Special Use Permit to add church and community uses to an existing school. No additions or alterations to the existing buildings or site are being proposed. After review, Staff recommended approval of the Special Use Application with the following ten conditions: Page | 1  DRAFT COPY 1. Permitted uses shall be limited to school, church and community uses. 2. Community uses shall not include commercial activities such as retail sales. 3. Community uses shall be conducted solely within the building. 4. All events on the property shall end by 9:00 PM with clean-up completed by 10:00 PM. 5. No outside sound or speaker systems shall be permitted. 6. Alcoholic beverages, except for ceremonial use, shall be prohibited. 7. The maximum number of cars allowed on site is 130 and the maximum number of people on the property is 250. 8. Activities generating a greater parking demand than can be accommodated on site shall not be permitted. 9. Signage advertising any of the additional uses or tenants shall not be permitted. 10. Approval shall be subject to reconsideration if more than three complaints are received within any 12 month period. The applicant, Ms. Minako Ahearn, informed the Commission that currently she has no examples of the school, church or community uses she is proposing with the exception of music or language lessons. Ms. Ahearn stated that she had no concern with Staff’s conditions with the exception of condition numbers nine (9) and ten (10). Ms. Ahearn stated that she would like to have the option of directional signs, and also expressed concern with the limited number of complaints she may receive. Ms. Ahearn stated that she does not expect to have any complaints as she is trying to be a good neighbor, but that she would like to know if this condition had been added to other Special Use Permits. Chairman Houser asked for public comment concerning this application. Mr. Dan Bircheat of 6830 Chapel Glen Court stated that he is opposition to this application and expressed concern with the additional traffic this Special Use produce, and also expressed concern with all of Staff’s conditions. Mr. Bircheat stated that the school has been a good neighbor, but that he does not want a Commercial Use added to the site. Mr. Bircheat presented the Commission with additional conditions. These conditions are available in the applicants file. Ms. Judy Calland of 6800 Chapel Glen Court stated that she is opposed to the Special Use application and expressed concern the additional traffic this Use would produce. Ms. Rhonda Bircheat of 6830 Chapel Glen Court stated that she is opposed to the Special Use application and expressed concerning with the traffic and noise that this application would produce. The Commission took the following action: MOTION TO APPROVE SUP2014-001 SEIGAKUIN SCHOOL SUBJECT TO THE CONDITIONS SET FORTH BY STAFF AND AMENDED AS FOLLOWS: CONDITION NUMBER ONE (1) TO READ, AS PERMITTED Page | 2  DRAFT COPY USES SHALL BE LIMITED TO SCHOOL, EDUCATIONAL, CHURCH AND COMMUNITY USES; CONDITION NUMBER SIX (6) TO READ, ALCOHOLIC BEVERAGES, EXCEPT FOR RELIGIOUS USE, SHALL BE PROHIBITED; CONDITION NUMBER NINE (9) TO READ, PERMANENT SIGNAGE ADVERTISING ANY OF THE ADDITIONAL USES OR TENANTS SHALL NOT BE PERMITTED; HOWEVER, TEMPORARY DIRECTIONAL SIGNAGE SHALL BE PERMITTED; AND AN ADDITIONAL CONDITION, CONDITION NUMBER ELEVEN (11) TO READ, THE SCHOOL SHALL REQUIRE AND VERIFY THE PARKING LOT GATES ARE SECURED AFTER EACH USE BY ANY GROUP. By: Mark Middleton Seconded: Mark Willis Vote: (3-1-1) (Middleton, Willis, Houser approved) (Metts opposed) (Kaplan recused) SUP2014-002 Eldon Smith – Auto Sales Request for a Special Use Permit to allow used auto sales on a 1.34 acre parcel located at 4521 Buford Highway in Land Lot 258, 6th District, Gwinnett County, Georgia. Mrs. Diana Wheeler, Community Development Director, presented the case to the Commission. Mrs. Wheeler provided background information regarding the applicant’s request. The applicant is requesting a Special Use Permit to allow used auto sales. No additions or alternations to the existing buildings or site are being proposed. After review, Staff recommended approval of the Special Use Permit with the following seven conditions: 1. Used auto sales shall be permitted on 1.34 acres. 2. Only one use shall be permitted on the property at any time. 3. No inoperable vehicles shall be visible from the right-of-way. 4. No vehicle repair or maintenance shall be conducted outdoors. 5. Business identification signage shall be limited to one wall sign no greater than 60 sq. ft. in area and one monument sign no greater than 4 ft. high and 24 sq. ft. in area. 6. A maximum of 90 vehicles shall be permitted on the property. 7. A business license shall not be issued to an auto sales company until the following has occurred: a. A dumpster enclosure is built and the dumpster is placed within it. b. Any trailers and inoperative vehicles are removed from the property. c. The property is cleared of debris and extraneous materials. d. Any areas on the rear of the property intended for vehicle parking are paved. Page | 3  DRAFT COPY Mr. Briggs Allen represented the applicant. Mr. Allen explained that he had issue with Staff’s conditions. Mr. Allen stated that the applicant would like to keep the existing Church Use on the site and add Auto Sales. The Auto Sales would sublease the front of the property, with an office located at the front of the building. Therefore, he would not be agreeable to condition number two (2), only one use shall be permitted on the property at any time. Mr. Allen also expressed concern with condition number six (6) and seven (7)b. The Commission inquired from Mrs. Wheeler if she was aware of the applicant wanting the existing Church Use to remain. Mrs. Wheeler stated that she was unaware that the applicant would like the existing Church Use to remain and to add the Special Use Permit for Auto Sales. Mrs. Wheeler also stated that the application did not reflect a request for a dual Use, and therefore, the Staff report was not researched or written with that in mind. Chairman Houser asked for public comment concerning this application. There was no public comment. MOTION TO TABLE THIS CASE UNTIL THE NEXT PLANNING COMMISSION MEETING IN ORDER TO GIVE THE APPLICANT AND STAFF TIME TO GET TOGETHER AND EVALUATE THE PROPOSAL AS YOU HAVE DESCRIBED IT HERE TONIGHT, AND TO COME BACK TO US AS TO WHAT ADDITIONAL THINGS MIGHT NEED TO BE ADDRESSED. By: Matt Houser Seconded: Mark Middleton Vote: (5-0) (House, Middleton, Kaplan, Willis, Metts) The Planning Commission meeting concluded at 8:43 PM. Approved, Attest: _________________________ _______________________________ Matt Houser, Chairman Kym Chereck, City Clerk Page | 4 SUP2014-002 Eldon Smith  CITY OF PEACHTREE CORNERS COMMUNITY DEVELOPMENT DEPARTMENT SPECIAL USE PERMIT ANALYSIS PLANNING COMMISSION DATE :MAY 13, 2014 CITY COUNCIL DATE :JUNE 17, 2014 CASE NUMBER :SUP2014-002 APPLICATION REQUEST :USED AUTO SALES LOCATION :4521 BUFORD HIGHWAY PROPERTY SIZE :1.34 ACRES ZONING :C-2 FUTURE DEVELOPMENT MAP :INDUSTRIAL CORRIDOR MAP NUMBERS :6-258-240 APPLICANT / OWNER :ELDON SMITH 4805 BOGIE ROAD DULUTH, GA 30096 CONTACT :ELDON SMITH PHONE: 770.355.8772 RECOMMENDATION: APPROVE WITH CONDITIONS PROJECT DATA: The applicant requests a Special Use Permit on a 1.34 acre parcel zoned C-2 (General Business District) to allow used auto sales. No additions or alterations to the existing building or site are being proposed. The applicant’s letter of intent states that this property has been owned by his family for over 200 years and that a commercial building was built on the property in the 1980’s for automotive and boat repair and service. He would now like to reintroduce an automotive use to the property through a special use permit for automotive sales. Members of the existing church currently occupying the property would then like to operate a used car lot at the front of the site as a means of helping to defray the rent on the property. The church would remain on the site and continue to use the building for services and other church related activities. ZONING HISTORY: The subject property has been zoned C-2 (General Business District) since 1979 (REZ1979- 00035). A Special Use Permit was approved in 1999 (SUP1999-00032) to allow equipment rental, sales and service. A variance was approved in 2005 (ZVR2005-00019) to allow gravel on the rear of the property instead of a pavement.  SUP2014-002 DEPARTMENT ANALYSIS: The subject property is a 1.34-acre site located at 4521 Buford Highway which is the southwest corner of the intersection of Buford Highway and South Berkeley Lake Road. A single story metal building with a lean-to shed at the back is the only structure on the property. The property is surrounded by a metal picket fence along the front and a chain link fence with barbed wire along the rear. Sidewalks are constructed along both frontages. The metal building located on the property has housed several uses over the years and currently accommodates a church. The building has two rollup garage doors on the side. The front and side of the property are paved and striping shows that approximately 70 cars could be parked there. Additional cars could be parked on the rear of the property although that portion of the site is unpaved. Currently at the rear of the property are a dumpster, a pile of wooden pallets, two trailers, and a variety of miscellaneous household type items that have been left outside. There is a paved driveway at the front of the property that is blocked by the fence and a side entry off South Berkeley Lake Road that appears to be the only functioning access to the property. When Staff visited the site, (Tuesday at 1PM), the church was in the middle of conducting a food give-away program. This is a regular activity at this location. The parking lot was almost completely full and there was a steady stream of cars entering and exiting the site. Most of the time, the auto sales and church activities will likely operate on different days and at different hours; however, on occasion, situations may occur when both uses compete for the site. When such conflicts take place, the primary issue of concern is the impact that the simultaneous use of the property will have on surrounding street traffic. For example, if the front of the property is occupied with stationary, for-sale vehicles while church activities are taking place, the potential exists that vehicles wanting to enter and exit the site from S. Berkeley Lake Road will stack out onto the roadway and back up circulation. In order to avoid this scenario, one-way vehicle circulation should be used on the site with cars entering the property on S. Berkeley Lake Rd. and exiting onto Buford Hwy. This means that if the Buford Hwy. access (which is currently closed) where used as an exit, vehicles waiting to leave the property would stack on-site and be less likely to disrupt adjoining roadways. Trees separate the property from the adjoining property along the southern property line and a row of Bradford Pear trees are located along the South Berkeley Lake right-of-way. The intersection of Buford Highway and South Berkeley Lake Road is signalized. South Berkeley Lake Road continues as Simpson Circle and enters unincorporated Gwinnett County at the centerline of Buford Highway. The property abuts right-of-way on three sides: Buford Highway to the east; South Berkeley Lake Road to the north; and the railroad to the west. The adjoining property to the south is zoned M-1 (Light Industry) and is being used for a truck leasing business. The corner lot across South Berkeley Lake Road is zoned C-2 and is being used for auto repair. The two corners across Buford Highway are located in Gwinnett County. The northeast corner is zoned C-1 and is occupied by a convenience store/gas station and the southeast corner is zoned M-2 (Heavy industry) and is being used for light manufacturing and warehousing. The property across the railroad is zoned M-1 (Light Industry) and is occupied by a mixed residential and commercial use with outdoor storage. 2  SUP2014-002 The 2033 Comprehensive Plan indicates that the parcel lies within the Industrial Corridor character area. Buford Highway and the rail line define both the subject property and the location of this corridor. Commercial uses are deemed appropriate in the Industrial Corridor. The request to permit used auto sales is consistent with the policies of the Industrial Corridor and compatible with surrounding uses provided appropriate conditions are applied. Zoning Code section 1308.E.4 requires used automotive sales lots and associated service facilities have a minimum lot size of 1.5 acres. However, over the years, this property has been diminished by the loss of acreage to right-of-way widening. SUMMARY: Commercial uses are appropriate in this corridor and non-conflicting uses surround the location. Additionally, comparable businesses are located within proximity of the subject property. However, while there is ample parking on the site, traffic will have to be coordinated in order to accommodate both church use and auto sales on the same property. Additionally, property maintenance issues currently exist on site with evidence of outdoor storage, an overflowing dumpster, trailers visible from the street, and cars parking on gravel. These issues would need to be addressed before a new use could be established at this location. Therefore, after review of the applicant’s proposal, it is recommended that the request for a Special Use Permit to add used auto sales at 4521 Buford Highway, SUP2014-002, be approved with the following conditions: 1. Used auto sales shall be permitted on 1.34 acres. 2. No inoperable vehicles shall be visible from the right-of-way. 3. No vehicle repair or maintenance shall be conducted outdoors. 4. Business identification signage shall be limited to one wall sign no greater than 60 sq. ft. in area and one monument sign no greater than 4 ft. high and 24 sq. ft. in area. 5. A maximum of 90 vehicles shall be permitted to be parked on the property overnight. 6. When church activities are taking place, only one-way traffic shall be used on-site so that vehicles may only enter the property from S. Berkeley Lake Rd. and exit the property onto Buford Hwy. 7. When church activities take place, four directional signs shall be posted on the property: a ‘right turn only’ sign shall be posted on the inside of the Buford Hwy. exit; an ‘exit only’ sign shall be posted on the outside of the Buford Hwy. exit; and an ‘entrance only’ sign shall be posted on both the outside and inside of the S. Berkeley Lake Rd. entrance. 8. A business license shall not be issued to an auto sales company until the following has occurred: a. A dumpster enclosure is built and the dumpster is placed within it. b. Any trailers and inoperative vehicles are removed from the property. c. The property is cleared of debris and extraneous materials. 3  CITY OF PEACHTREE CORNERS COMMUNITY DEVELOPMENT 147 Technology Parkway, Suite 200, Peachtree Corners, GA 30092 Tel: 678.691.1200 | www.cityofpeachtreecornersga.com PUBLIC HEARING ELDON SMITH CASE NUMBER: SUP2014-002 PLANNING CITY COUNCIL CITY COUNCIL ST ND COMMISSION 1 READING 2 READING HEARING DATES: MAY 13, 2014 MAY 20, 2014 JUNE 17, 2014 PROPERTY ADDRESS: 4521 BUFORD HIGHWAY CIC2014-004 The Forum (Chase ATM)  CITY OF PEACHTREE CORNERS COMMUNITY DEVELOPMENT DEPARTMENT SPECIAL USE PERMIT ANALYSIS PLANNING COMMISSION DATE :MAY 13, 2014 CITY COUNCIL DATE :JUNE 17, 2014 CASE NUMBER :CIC2014-004 APPLICATION REQUEST :FREE STANDING ATM MACHINE LOCATION :5155 PEACHTREE PARKWAY PROPERTY SIZE :36.65 ZONING :C-2 FUTURE DEVELOPMENT MAP :CENTRAL BUSINESS DISTRICT MAP NUMBERS : APPLICANT / OWNER :LA FORUM PEACHTREE 1, LLC 5185 PEACHTREE PARKWAY PEACHTREE CORNERS, GA 30092 CONTACT :DARRELL BAKER (DBAKER@THOMASENT.COM) RECOMMENDATION: APPROVE WITH CONDITIONS PROJECT DATA: The applicant requests a change to a zoning condition in order to add a free-standing automatic teller machine in the parking lot of the Forum shopping center. The Forum is zoned C-2 (General Business District) and is 36.65 acres in size; however, the ATM would only utilize about 150 sq. ft. of space. The applicant’s letter of intent states that a condition was placed on the original Forum zoning limiting the property to one drive-through facility. The applicant states that this condition was included because of the County’s desire to exclude fast food restaurants from the Forum. ZONING HISTORY: The subject property has been zoned C-2 (General Business District) since 1998 when Gwinnett County approved an application to rezone the site from M-1in order to accommodate the Forum shopping center. That approval, (along with a subsequent request for additional signage), included a condition that addressed drive-through facilities. RZC 02-040 condition ‘C’ and RZ -98-156 condition ‘B’ both state the follow: Drive-through businesses shall be limited to one bank. In order to accommodate Chase Bank’s free-standing ATM, this condition would need to be modified. It could not be completely removed, because then there would no longer be the  SUP2014-002 protection from fast-food restaurants at the Forum which appears to have been the original intent. DEPARTMENT ANALYSIS: The subject site is a very small part of the 36.65 acre parcel comprising the Forum shopping center. If approved, the ATM would displace 8 parking spaces in the parking lot west of J. Alexander’s restaurant. The ATM would be visible from the main driveway located on the south side of the Forum, but would only be accessible from an internal parking lot. The 8 parking spaces proposed to be displaced are located along the perimeter of the parking lot, furthest away from the adjacent restaurant and stores. Therefore, no premium spaces would be lost from the addition of the ATM. It is also unlikely that customers would be inconvenienced (other than during the peak holiday season) by the reduction of overall parking due to the addition of the ATM machine. Although a new Chase Bank facility is located directly across Peachtree Parkway and has its own ATM, the proposed free-standing ATM will be more accessible and convenient to shoppers and employees already conducting business at the Forum. It will allow people to combine errands in one location and add efficiency to their schedules. Furthermore, every ATM trip made at this location will reduce vehicular trips through the adjacent, busy intersection and across Peachtree Parkway. SUMMARY: The proposed free-standing ATM should not have any detrimental impacts on the Forum shopping center and may, in fact, enhance efficiency and customer convenience. In addition, the proposed ATM machine should not undermine the intent of the original zoning condition which limited the Forum development to one drive-through facility. Further, approval of a drive-up machine in a remote part of a parking lot does not serve as precedent for additional banks or restaurant drive-through facilities at the Forum. The applicant’s proposal is distinctly different from traditional drive-throughs and approving this free-standing ATM will not compel the City to approve other drive-through requests at the Forum in the future. Therefore, after review of the applicant’s proposal, it is recommended that the request for a Change in Condition to allow a free-standing automatic teller machine at 5155 Peachtree Parkway, CIC2014-004, be approved with the following conditions: 1. That RZC 02-040 condition ‘C’ and RZ -98-156 condition ‘B’ shall be amended to state the following: Drive-through businesses shall be limited to one bank and one free-standing ATM. 2. That all other conditions of RZC 02-040 and RZ -98-156 shall remain in effect. 3. In order to compensate for the loss of parking spaces, 4 bicycle racks shall be installed at convenient locations throughout the Forum. 4. That the applicant shall revise their stationery, marketing materials, promotional efforts, and mailing address from The Forum in Norcross to The Forum in Peachtree Corners. 2  CITY OF PEACHTREE CORNERS COMMUNITY DEVELOPMENT 147 Technology Parkway, Suite 200, Peachtree Corners, GA 30092 Tel: 678.691.1200 | www.cityofpeachtreecornersga.com PUBLIC HEARING THE FORUM CASE NUMBER: CIC2014-0001 PLANNING CITY COUNCIL CITY COUNCIL ST ND COMMISSION 1 READING 2 READING HEARING DATES: 5/13/14 5/20/14 6/17/14 PROPERTY ADDRESS: 5165 PEACHTREE PARKWAY (multiple addresses)  Peachtree Corners Town Center LCI Overview Study Objectives: The City recently completed its first Comprehensive Plan and one important finding resulting from that effort is that a key community feature is lacking within the city. This essential community component is a Town Center, a place that would serve as the ‘heart of the community’. While the City has a strong commercial corridor along Peachtree Parkway complete with a lifestyle center, retail shops, restaurants, hotels, and offices, the City lacks a defined ‘downtown’ or ‘town center’. The City appealed to the Atlanta Regional Commission to help remedy this situation and the ARC responded by awarding the City a Livable Centers Initiative (LCI) Study grant. The City, together with its consultants, will undertake the LCI study to focus on the City’s Central Business District, the area of Peachtree Parkway generally located between Medlock Bridge Road and Holcomb Bridge Road. The consult will assist with the following responsibilities: 1. Facilitate public participation and gather community input. 2. Perform a market analysis of the study area 3. Develop a Town Center Plan 4. Create design guidelines 5. Recommend strategies for implementing the plan  Peachtree Corners Town Center LCI Overview Anticipated Time Line: 1. 2/20/14 – Request for Proposals issued. 2. 3/12/14 – Consultant responses to RFP due 3. 3/24/14 – Steering Committee (DDA) meets to review RFP responses 4. 3/31/14 - DDA conducts interviews and makes recommendation to City Council 5. 4/15/14 – City Council awards consultant contract 6. 5/1/14 - Consultant contract submitted to ARC for approval 7. 6/2/14 – Study begins 8. 6/10/14 – Study overview presented at Planning Commission Meeting 9. 9/14 – 11/14 – Public Workshops held 10. 1/13/15 – Study document presented to Planning Commission 11. 2/10/15 – Study plan adopted (City Council Meeting)