Planning Commission

PLANNING COMMISSION AGENDA APRIL 14, 2015 7:00 PM CITY HALL A. Roll Call B. Approval of March 10, 2015 Minutes C. Old Business: (None) D. New Business: 1. SUP2015-002 / CIC 2015-001 Request Special Use Approval for a Liquor Store and a Change in Condition pursuant to condition 1A of Gwinnett County case CIC-08-021 for a .67 acre lot located at 5242 Peachtree Parkway (Corner of Peachtree Parkway and Peachtree Corners Circle); 6th District ; Land Lot 301; Parcel 31 E. City Business Items: 1. Holcomb Bridge Road Corridor Study overview presented by Lord, Aeck + Sargent. F. Comments by Staff and Planning Commissioners. G. Adjournment.  DRAFT COPY CITY OF PEACHTREE CORNERS PLANNING COMMISSION MARCH 10, 2015 The City of Peachtree Corners held a Planning Commission meeting. 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 - Absent Mark Willis, Post C Italia Metts, Post E - Absent Staff: Diana Wheeler, Community Development Director Kym Chereck, City Clerk MINUTES: MOTION TO APPROVE THE MINUTES FROM THE JANUARY 13, 2015 PLANNING COMMISSION MEETING. By: Alan Kaplan Seconded by: Mark Willis Vote: Passed 3-0 (Kaplan, Willis, Houser) OLD BUSINESS: (None) NEW BUSINESS: 1. SUP2015-001 Request approval of site plan revisions, building elevations, and associated variances pursuant to condition 2G of Gwinnett County case CIC-08-021 for a 6.47 acre retail center development located at 5242 Peachtree Parkway (Corner of Peachtree Parkway and Peachtree Corners Circle); 6th District ; Land Lot 301; Parcel 31. 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 approval of site plan revisions, building elevations and associated variances pursuant to condition 2G of Gwinnett County case CIC-08-021. This request is for a 6.47 acre tract of land located at the northeast corner of Peachtree Corners Circle. Site plans and proposed conditions were provided in the Commission’s packets and can be obtained at the City Clerk’s office. Staff recommended approval of Special Use Page | 1  DRAFT COPY Permit(s) SUP2015-001, subject to the following Gwinnett County conditions (which are copied and / or modified as shown from CIC-08-021 with additions in Bold and Deletions in strikethrough) followed by Peachtree Corners specific conditions: Gwinnett County Original Conditions (as modified): 1. To restrict the use of the property as follows: A. All uses and special use permitted within the C-1 zoning district. All uses permitted within the C-2 zoning district, except for the following: animal hospitals or veterinary clinics; tattoo and piercing parlors; adult bookstores or entertainment; drive-thru fast food service; automotive car wash, automotive parts store; billboards (as provided in Section 1113.1); building, electrical or plumbing contractors; funeral homes or mausoleums; furniture rental establishments; convenience food stores with or without fuel pumps, emission inspection stations; equipment rental; hotels and motels; on-site laundry or dry cleaning establishments, self-service or coin operated laundries; liquor stores; mobile buildings, parking lots and garages; plant nursery sales facility; recreation facilities which exceeds 3500 square feet (but may be up to 4000 square feet for Spa Sydell type use); recovered materials processing facility, taxidermist, yard trimmings composting facility; clubs, lodges, fraternal institutions and meeting halls; caretaker or watchman quarters; auto body repair shops, auto repair shops or tire stores, automotive service stations with or without fuel pumps; building material sales with outdoor storage, contractors offices or the outside storage of equipment or materials, heavy equipment and farm equipment sales and service and truck rental; mini-warehouse storage facilities; mobile home or mobile building leasing or sales lots, taxi cab or limousine services and no outdoor storage of any type; pest control businesses; pet shops or grooming establishments; lounges; and any temporary uses. B. This is a concept specific zoning. Project is to be generally developed as a forum/avenues style development and should include office elements similar in “look and feel” to the existing development immediately across Peachtree Parkway from this property and currently known as “The Forum”, or as set forth in the elevations presented to the Board of Commissioners as prepared by Wakefield, Beasley & Associates and the site plan prepared by LAI Engineering Wood & Partners, Inc. dated October 5, 2007 January 20, 2015. A forum/avenues type of development shall be defined as a retail development of small shops similar in design and concept to “The Forum”. The landscape plan and architectural plans shall be submitted to the Gwinnett County Planning Commission and Page | 2  DRAFT COPY approved by the Community Development Director prior to any permits being issued. C. Drive-through businesses shall be prohibited, except for banks/financial institutions which may include a drive-through facility as an integrated part of the primary banking operation if the following provisions are met. Any such drive-through facility shall be structurally attached to the bank/financial institution building. Any person-to-person communication shall be conducted only through a sealed (non-operable) window (which may include an associated bank deposit tray and/or tube) and speaker system. The volume control for the speaker system shall be set so that sound shall not be audible more than 10-feet from any such speaker. Any in-person “reach-through” opening and/or the passing of food through such opening shall be prohibited. To the extent that any allowed structure ceases to be used as a bank/financial institution, then the drive-through facility associated therewith shall be demolished. D. Abide by all requirements of Section 1315 (Activity Center/Corridor Overlay District). E. The dimensions of any bank/financial institution drive-through facility shall be constructed in general conformity with the site plan prepared by Wakefield, Beasley and Associates, dated October 17, 2008, and submitted for the record at the Planning Commission’s October 21, 2008 meeting. Specifically, the drive aisle width at the drive-through entrance and exit shall be a maximum width of 24 feet and shall taper in accordance with the configuration depicted in the aforementioned site plan. 2. To satisfy the following site development considerations: A. Provide a 50-foot wide natural buffer adjacent to residential zoning. The developer shall be allowed to grade 20-feet into the buffer in order to reduce/eliminate retaining walls in accordance with the three buffer plan drawings prepared by Bilson and Associates, dated September 9, 2008, and submitted for the record at the Planning Commission’s October 21, 2008 meeting. The graded area of the buffer shall be replanted in accordance with the buffer plan drawings with native Georgia trees including Tulip Poplar, Maple, Cryptomeria and Pine Trees in equal distribution to provide an effective visual screen. In no event will there be less than a 75-foot setback adjacent to the stream depicted on the site plan. The developer shall place the portion of the subject property within the stream buffer in a conservation easement. B. Provide bike racks within the development in accordance with the overlay standards. Page | 3  DRAFT COPY C. Provide internal access to any outparcel development. No direct access to Peachtree Parkway other than the shopping center entrance per Department of Transportation approval. D. Entrance/exits shall be allowed onto Peachtree Corners Circle per Department of Transportation approval. E. No billboards are permitted. F. Dumpsters shall be screened by an opaque decorative wall, at least six (6) feet in height, which will coordinate with the building architecture, and with a gated entry. Pick-up for dumpsters shall be limited to between the hours of 8:00 a.m. and 6:00 p.m. G. Buildings shall be finished with architectural treatments containing a mixture of glass, brick, stone and/or stucco comparable in design and appearance to ‘The Forum’. All sides shall have a 32-inch or greater water table of brick or stone, except where full length glass or doors are located. The elevations of the buildings shall be in general conformity with the materials plans presented to and approved by the City Council at its April 21, 2015 meeting. October 16, 2007 meeting, and final plans will be submitted to the Planning Commission and approved by the Director of Planning and Development. All mechanical appurtenances and equipment and/or ductwork shall be screened from view. Screening shall coordinate with the building architecture. H. All buildings shall provide a variation in roof line similar to that of ‘The Forum’, which consists of a mixture of flat, pitched, pyramidal, conical, or mansard roof design. Corner/end unit towers shall incorporate a pyramidal or conical roof design consistent with a Forum style development. I. Architectural design elements such as dormer windows shall be incorporated into the building roof line for structures larger than 4,000 square feet. J. All street or walkway pavers internal to the development shall be of brick, stone, or paving material comparable in appearance and be limited to grey or natural-tone colors, which will coordinate with building architecture. K. Provide landscaped islands through the parking area, including a minimum ten-foot wide landscaped island at the end of each parking bay and a minimum six-foot wide landscaped island for each Page | 4  DRAFT COPY 225-feet of continuous bay length, or alternate plan as may be approved by the Community Development Director. L. Provide or relocate and reconstruct sidewalks, as required, a minimum of five feet in width adjacent to Peachtree Parkway (U.S. Hwy. 141) and Peachtree Corners Circle. Sidewalks may meander along these roads where feasible and per DOT approval. Provide internal sidewalks connecting office, retail, and outparcel development. Submit pedestrian access plan for review and approval of the Community Development Director. M. Outdoor lighting shall be contained in cut-off type luminaries and shall be directed in toward the property so as not to reflect into adjacent properties nor to create a hazard for passing automobile traffic. Any lights located on the rear of the building must be directed downward. N. Multi-tenant buildings shall be limited to wall signage only. Project signage shall be limited to one monument sign per road frontage except for one subdivision entrance sign and one primary ground sign adjacent to Peachtree Parkway. Monument signs shall coordinate with building architecture. O. Any detention ponds shall be visibly screened with landscape plantings to be approved by the Community Development Director. P. No outside speakers shall be allowed other than on a bank usage, if any, or a Muzak system may be allowed provided no shrill or excessive noise and vibrations, amplified live entertainers, outside paging systems, phone bells, or loudspeakers will be allowed. Any Muzak system shall have downward facing speakers and shall be inaudible ten feet from the speakers. Q. Business hours are to be limited to Monday through Thursday from 7:00 a.m. to 12:00 midnight and Friday through Sunday from 7:00 a.m. to 2:00 a.m, (unless further restricted by other regulations). Business hours for a coffee/bagel shop and any specialty gourmet food store(s) shall be 6:00 a.m. to 2:00 a.m. seven days a week. R. All food service facilities on the property, including outparcels, shall install odor scrubbers which remove 95% of cooking odors as determined by the Community Development Director. S. Development shall provide a temporary 20-foot natural buffer, except for utility crossings, along the right-of-way of Peachtree Parkway and Peachtree Corners Circle. Temporary buffer may be removed upon issuance of a building permit. Page | 5  DRAFT COPY I. Truck delivery shall be limited to the hours of 8:00 a.m. to 6:00 p.m. II. No overnight parking or idling of delivery trucks shall be allowed. T. Operation of parking lot cleaning machinery or other maintenance equipment that emits noise shall be limited to the hours of 8:00 a.m. to 9:30 p.m. U. Prior to any grading or clearing, all buffers shall be clearly marked with bright orange tree save fencing to insure that no improper or accidental buffer intrusions occur. Peachtree Corners Additional Conditions: V. A tree survey showing the location of specimen trees on the property shall be submitted prior to Land Disturbance Permit application. W. An encroachment into the 50 ft. undisturbed buffer and 75 ft. impervious stream setback line shall be permitted for the installation of a reinforced pervious slope along a portion of the northern property line as shown on LAI Engineering drawings dated 1-30-15. X. All Variances requested shall be approved subject to the following: 1. Landscaping along the property frontage shall match and be a continuation of the landscaping at Chase Bank. 2. Temporary disturbance area shown on the Peachtree Retail Master Plan dated 2/27/15 shall be replanted as approved by the City Arborist. 3. Internal landscape strips and parking areas shall be developed substantially as shown on the Peachtree Retail Master Plan dated 2/27/15. 4. Pervious pavers shall be installed as shown on the Peachtree Retail Master Plan dated 2/27/15. Y. Building Elevations shall be approved subject to the following: 1. Exterior building materials shall be primarily brick or stone on all building sides. 2. Appearance of the buildings shall substantially conform to the drawings prepared by HOK and Wakefield Beasley and Associates dated 2/27/15. 3. Planters with vegetation approved by the City Arborist shall be placed along the building exterior or, as an alternate, climbing plant material shall be installed at the base of the buildings or next to trellises or arbors. Page | 6  DRAFT COPY 4. All mechanical equipment (roof top and on the ground) shall be screened from ground view. Z. A minimum of .9 acres of land located at the northeast corner of the property shall be dedicated to the DDA toward the development of a pedestrian trail system along the stream. However, this area shall be counted towards the applicant’s open space and tree density requirements. AA. A property owners association shall be established in order to assume responsibility for common area maintenance and other property related issues. BB. At least one pedestrian access location shall be identified on the plan. This location shall serve as the place where pedestrians can cross the stream and traverse from the subject property to the Town Center property. CC. The applicant shall be responsible for construction of the pedestrian access from his property to the stream trail. If all of the applicant’s property has been sold at the time that the stream trail is built, the Property Owners Association shall be required to have the pedestrian access built. DD. Grading may be done internal throughout the site; however, where no plans have been permitted for specific building development, a 75 ft. undisturbed tree buffer shall remain along the adjacent roadway frontage in order to minimize the view of disturbed land. EE. Graded land that becomes inactive (no building permits pending) for more than 6 months shall be stabilized, seeded and shall meet all other ordinance requirements for graded property. Additional landscaping may also be required to be added in order to mitigate the appearance of the land disturbance. FF. Cross access and parking easements will be established between all of the individually owned parcels. Mr. Lee Tucker of Mahaffey Pickens Tucker, LLP represented the applicant. The applicant, Mr. Charlie Roberts and Mr. Tucker presented the case to the Commission. Chairman Houser opened the floor for public comment. Mr. Bob Howard, a Peachtree Corners resident, expressed concern with the height of the retaining wall and materials to be used on the retaining wall, and access from the Black Walnut restaurant to the Town Center. Page | 7  DRAFT COPY A motion was made after discussion concerning access to the Town Center, the height of the proposed retaining wall and building materials. MOTION TO APPROVE SUP2015-001 WITH STAFF CONDITIONS, BUT WITH THE FOLLOWING CHANGES OR ADDITIONS, NUMBER ONE, THAT THE APPLICANT WILL SOD AND MAINTAIN THE RIGHT-OF-WAY IN THE SAME FASHION AS THEIR OWN PROPERTY, SO AS TO MAINTAIN THE SAME APPEARANCE AS THEIR OWN PROPERTY, AND AT SUCH TIME A PROPERTY ASSOCIATION EXISTS THEY WOULD TAKE OVER THAT RESPONSIBILITY; NUMBER TWO, ON THE LANDSCAPE STRIP FOR THE ENTIRE FRONTAGE OF PEACHTREE PARKWAY, THE APPLICANT SHALL AT A MINIMUM PLANT A STAGGERED DOUBLE ROW OF EVERGREENS AT LEAST THREE FEET IN HEIGHT AT TIME OF INSTALLATION WITH SPACING TO BE DETERMINED BY STAFF TO SCREEN THE PARKING LOT FROM VEHICLE VIEW ON PEACHTREE PARKWAY, AND THAT THIS LANDSCAPING SHALL BE APPROVED BY STAFF POST INSTALLATION TO INSURE THAT IT MEETS THE CONDITION; NUMBER THREE, THE MODIFICATION TO RECOMMENDED CONDITION CC TO READ THE APPLICANT SHALL BE RESPONSIBLE FOR HIS PROPORTIONATE SHARE OF THE COST OF DESIGN AND CONSTRUCTION OF A PEDESTRIAN BRIDGE THAT SPANS FROM THE PARKING LOT OF THE APPLICANTS PROPERTY TO THE PARKING LOT OF THE TOWN CENTER PROPERTY AT SPECIFIC LOCATIONS DETERMINED BY STAFF. IF ALL OF THE APPLICANT’S PROPERTY HAS BEEN SOLD AT THE TIME THAT THE STREAM TRAIL IS BUILT, THE PROPERTY OWNERS ASSOCIATION SHALL BE REQUIRED TO HAVE THE PEDESTRIAN ACCESS BUILT, AND NUMBER FOUR, THAT THE LANDSCAPE STRIP INTERNAL TO THE PROPERTY BETWEEN THE TWO BUILDINGS, WHICH IS ALONGSIDE OF THE PARKING AND DRIVE FROM PEACHTREE PARKWAY SHALL BE HEAVILY PLANTED WITH HARDWOOD TREES WHICH ARE 12 – 15 FOOT AT PLANTING AND THE SPACING TO BE APPROVED BY STAFF, AND SAID LANDSCAPING SHALL HAVE A BOULEVARD TYPE EFFECT, THIS AND THE ENTIRE LANDSCAPE PLAN FOR THIS DEVELOPMENT SHALL BE APPROVED BY STAFF. By: Alan Kaplan Seconded: Mark Willis Vote: (3-0) (Kaplan, Willis, Houser) CITY BUSINESS ITEMS: Winters Chapel Road Area Study preliminary report presented by Pond + Company. Mrs. Diana Wheeler, Community Development Director, informed the Commission that this was a joint study with Dunwoody, Sandy Spring and Page | 8  DRAFT COPY Peachtree Corners. Ms. Andrea Greco of Pond and Company gave a brief overview of the preliminary report concerning the Study. Ms. Greco stated that after meeting with the public at a joint community meeting, Pond and Company’s recommendations were to add crosswalks, bus shelters, street furniture, drainage, and to complete the sidewalk network. After discussion the Commission recommended a multi-use trail for residential use. The Planning Commission meeting concluded at 8:51 PM. Approved, Attest: _____________________________ _______________________________ Matt Houser, Chairman Kym Chereck, City Clerk Page | 9 SUP2015-002 / CIC 2015-001 Liquor Store  CITY OF PEACHTREE CORNERS COMMUNITY DEVELOPMENT DEPARTMENT CHANGE OF CONDITIONS AND SPECIAL USE PERMIT ANALYSIS PLANNING COMMISSION DATE: APRIL 14, 2015 CITY COUNCIL DATE: MAY 19, 2015 CASE NUMBER :SUP2015-002 / CIC2015-001 ZONING :C-2 LOCATION :5242 PEACHTREE PARKWAY MAP NUMBERS :6th DISTRICT, LAND LOT 301, PARCEL 31 ACREAGE :.677 ACRES PROPOSED DEVELOPMENT :CHANGE IN ZONING CONDITIONS TO ALLOW A LIQUOR STORE :SPECIAL USE PERMIT TO ALLOW A LIQUOR STORE FUTURE DEVELOPMENT MAP: :PREFERRED OFFICE APPLICANT: CFW&S INVESTMENTS, LLC 1550 N. BROWN RD., STE. 125 LAWRENCEVILLE, GA 30043 CONTACT: GERALD DAVIDSON, JR. 770.232.0000 OWNER: ROBERTS PROPERTIES PEACHTREE RETAIL, LLC 375 NORTHRIDGE RD, STE. 330 ATLANTA, GA 30350 RECOMMENDATION: APPROVE WITH CONDITIONS PROJECT DATA: The applicant requests a Change in Conditions and a Special Use Permit on a .677-acre parcel, zoned C-2 (General Business District) Conditional, to allow for the construction of a liquor store. The subject property is located on the east side of Peachtree Parkway to the northeast of its intersection with Peachtree Corners Circle. Liquor stores are currently prohibited on the property under Change in Conditions case number CIC-08-021, which was approved in 2008 by the Gwinnett County Board of Commissioners before the incorporation of the City of Peachtree Corners. Additionally, the City’s Zoning Resolution requires liquor stores to obtain a Special Use Permit to operate in C-2 zoning districts. The surrounding area is largely characterized by office and commercial uses. The subject property is within a larger, approximately 6.5-acre site zoned C-2. There are retail centers, both existing and proposed, to the north, south, and west of the subject property. An office park zoned OBP (Office - Business Park) and seven residential lots zoned R-100 (Single-Family  SUP2015-002 / CIC2015-001 Residence) are located to the east along Peachtree Corners Circle toward Medlock Bridge Road. The site is located within the Central Business District Character Area on the Future Development Map, and is also located in a “focus area” within this larger character area that is guided by a vision of a “walkable town center” and “community gathering place” with “quality, high-end mixed-use development.” Additionally, the subject property is within the Peachtree Corners Livable Centers Initiative (LCI) study area. ZONING HISTORY: The Gwinnett County Board of Commissioners approved Change in Conditions case number CIC-08-021 in 2008, which changed the zoning conditions on the larger 6.5-acre site on which the subject property is located, while maintaining C-2 zoning. These conditions called for a concept similar in “look and feel” to The Forum, which is located directly across Peachtree Parkway to the west, and tied development to a set of submitted architectural and site plans. Allowable uses included all those permitted within the C-1 and C-2 zoning districts, with a list of exceptions that included liquor stores. This prohibition continued under the City of Peachtree Corners, which had a citywide liquor store ban that was ended with the passage of a 2014 referendum. ZONING STANDARDS: Zoning Code Section 1702 identifies specific criteria that should be evaluated when considering a zoning decision. These criteria are enumerated as ‘A’ through ‘F’, below. Following each item is Staff’s comment. A. Will this proposed rezoning, special use permit, or change in conditions permit a use that is suitable in view of the use and development of adjacent and nearby property? Staff’s Comment: A single liquor store within a larger commercial development would be suitable in use and development of adjacent and nearby property. The applicant has stated that the proposed building would be consistent with the design and appearance of adjacent and nearby properties, including The Forum, and would be in compliance with applicable Overlay District requirements, including landscaping and architectural standards. B. Will this proposed rezoning, special use permit, or change in conditions adversely affect the existing use or usability of adjacent or nearby property? Staff’s Comment: The proposed liquor store is unlikely to have a significant adverse effect on the existing use or usability of adjacent or nearby property. City regulations would prevent a second liquor store from opening within 3,000 feet of the site, and a single liquor store in compliance with all C-2 and Overlay District regulations would be compatible with adjacent uses and appropriately screened from nearby lower-intensity office and residential areas. 2  SUP2015-002 / CIC2015-001 C. Does the property to be affected by a proposed rezoning, special use permit, or change in conditions have reasonable economic use as currently zoned? Staff’s Comment: The property has a reasonable economic use as currently zoned. D. Will the proposed rezoning, special use permit, or change in conditions result in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities, or schools? Staff’s Comment: The impacts on streets, transportation facilities, or schools would be no greater for the development of a liquor store than with what would be allowable under current zoning conditions. There would be no effect on schools. E. Is the proposed rezoning, special use permit, or change in conditions in conformity with the policy and intent of the land use plan? Staff’s Comment: (see Comprehensive Plan heading, next page.) F. Are there are other existing or changing conditions affecting the use and development of the property which give supporting grounds for either approval or disapproval of the proposed rezoning, special use permit, or change in conditions? Staff’s Comment: The fact that voters in Peachtree Corners approved a referendum in 2014 to allow liquor stores within the City gives supporting grounds to the proposed development. There are no changing conditions in the area that would give supporting grounds for denial. COMPREHENSIVE PLAN: The 2030 City of Peachtree Corners Character Area Map indicates that the property is located within the Central Business District Character Area, and is located within the “Downtown Development Authority (DDA) Property Focus Area”, which is envisioned as a “walkable town center”, and a “community hub [that] incorporates a mix of retail, office, residential, and civic spaces”. Mixed-use retail is encouraged, and the architectural and urban design prescriptions of the Central Business District would not be negatively affected by the proposed development. As there is no stated restriction of the proposed use in the Central Business District Character Area, and because the development would be in keeping with the vision of a mixed-use town- center development that meets desired architectural and design standards, it would meet the policy and intent of the Comprehensive Plan. USE-SPECIFIC REQUIREMENTS On 2/17/15, the City Council adopted standards specific to a liquor store use. These standards are as follows: (a) Liquor stores must be located at least 300 ft. from churches and 600 ft. from schools. This distance shall be measured from the front door of the liquor store to the front 3  SUP2015-002 / CIC2015-001 door of the church or front door of the nearest school building as measured along pedestrian walkways. (b) Liquor stores must be located at least 300 ft. from parks. This distance shall be measured from the front door of the liquor store to the nearest portion of the park property. (c) Liquor stores must operate as sole tenants in free standing buildings of at least 5,000 sq.ft. in size and no greater than 10,000 sq. ft. in size. (d) Liquor stores must be located on property that is a minimum of one-half acre in size with a minimum of 100 ft. of frontage on a state highway or major street. (e) A liquor store shall not be located closer than 3000 ft. to another liquor store, regardless of jurisdiction. (f) Liquor store buildings shall comply with Overlay Design regulations. (g) Liquor store deliveries shall be made at the rear of the store building and all loading areas, dumpsters, recycling bins, and compactors shall be screened from ground view. (h) Liquor store properties shall have no outdoor storage including the storage of shopping carts. (i) Liquor stores shall not sell lottery tickets, magazines, or tobacco products (except quality cigars.) The applicant submitted a survey showing that all distance related requirements [(a), (b) and (e)] have been met. In addition, the proposed building is designed to be 5,927 sq. ft. [(c)] and is situated on .67 acres of land [(d)]. The remaining requirements are performance based and can be met through conditions of approval. DEPARTMENT ANALYSIS: The proposed change in conditions and Special Use Permit would be developed in accordance with all C-2 and Overlay District standards, and would be required to be compatible in “look and feel” with adjacent development and The Forum across Peachtree Parkway. The proposed development would not have any negative impact on the architectural and design standards called for in the Comprehensive Plan, and its use as a liquor store is in keeping with the Plan’s vision of a mixed-use town center with a significant retail component. There would be no excessive impact on local infrastructure, and existing regulations would preclude the possibility of an unwanted concentration of liquor stores or negative impacts on surrounding, lower- intensity properties. When viewed in light of the voters of Peachtree Corners passing a resolution in 2014 to allow liquor stores within city limits, conditions have changed sufficiently since the site’s 2008 Change in Conditions case to allow the proposed development. In addition, all of the liquor store specific requirements outlined in Ordinance 2015-01-38 have been met or will be achieved through this application process. 4  SUP2015-002 / CIC2015-001 RECOMMENDATION: Therefore, after review of the applicant’s proposal and other relevant information, it is recommended that SUP2015-002 and CIC2012-001 be approved subject to the following Gwinnett County conditions (which are copied and / or modified as shown from CIC-08-021 with additions in Bold and Deletions in strikethrough) followed by Peachtree Corners specific conditions: 1. To restrict the use of the property as follows: A. All uses and special uses permitted within the C-1zoning district. All uses permitted within the C-2 zoning district, except for the following: animal hospitals or veterinary clinics; tattoo and piercing parlors, adult bookstores or entertainment, drive-thru fast food service, automotive car wash, automotive parts store; billboards (as provided in Section 1113. 1); building, electrical or plumbing contractors; funeral homes or mausoleums; furniture rental establishments; convenience food stores with or without fuel pumps, emission inspection stations, equipment rental, hotels and motels, on-site laundry or dry cleaning establishments, self-service or coin-operated laundries; liquor stores, mobile buildings, parking lots and garages, plant nursery sales facility, recreation facilities which exceed 3500 square feet (but may be up to 4000 square feet for a Spa Sydell-type use), recovered materials processing facility, taxidermist, yard trimmings composting facility, clubs, lodges, fraternal institutions and meeting halls, caretaker or watchman quarters, auto body repair shops, auto repair shops or tire stores, automotive service stations with or without fuel pumps, building material sales with outdoor storage, contractors offices or the outside storage of equipment or materials, heavy equipment and farm equipment sales and service and truck rental , mini-warehouse storage facilities, mobile home or mobile building leasing or sales lots, taxi cab or limousine services, and outdoor storage of any type; pest control businesses; pet shops or grooming establishments; lounges; and any temporary uses. B. Project shall be developed in general conformity with the building elevations submitted with the application package for SUP2015-002 / CIC2015-001, and shall be developed as a forum/avenues-style development and shall include elements similar in "look and feel" to the existing development immediately across Peachtree Parkway from the subject property currently known as “The Forum”, and shall be developed in general conformity with the site play prepared by Wakefield, Beasley & Associates and the site plan prepared by LAI Engineering dated January 20, 2015 . The landscape plan and architectural plans shall be submitted to the Peachtree Corners Director of Planning and Development prior to any building permits being issued. C. Drive-through businesses shall be prohibited, except for banks/financial institutions which may include a drive- through facility as an integrated part of the primary banking operation if the following provisions are met. Any such drive-through facility shall be structurally attached to the bank/financial institution building. Any person-to­ person communication shall be conducted only through a sealed (non-operable) 5  SUP2015-002 / CIC2015-001 window (which may include· an associated bank deposit tray and/or tube) and speaker system. The volume control for the speaker system shall be set so that sound shall not be audible more than 10-feet from any such speaker. Any in-person "reach-through" opening and/or the passing of food through such opening shall be prohibited. To the extent that any allowed structure ceases to be used as a bank/financial institution, then the drive-through facility associated therewith shall be demolished. D. Abide by all Overlay District requirements. E. The dimensions of any bank/financial institution drive-through facility shall be constructed in general conformity with the site plan prepared by Wakefield Beasley and Associates, dated October 17, 2008, and submitted for the record at the Planning Commission’s October 21, 2008 meeting. Specifically, the drive aisle width at the drive-through entrance and exit shall be a maximum width of 2 feet and shall taper in accordance with the configuration depicted in the aforementioned site plan. F. Liquor stores shall conform to all state and local alcohol regulations. 2. To satisfy the following site development considerations: A. Provide shared inter-parcel access and implement shared parking agreements with adjacent properties. B. Provide a 50-foot-wide natural buffer adjacent to residential zoning. The developer shall be allowed to grade 20-feet into the buffer in order to reduce/eliminate retaining walls in accordance with the three buffer plan drawings prepared by Bilson and Associates, dated September 9, 2008, and submitted for the record at the Planning Commission's October 21, 2008 meeting. The graded area of the buffer shall be replanted in accordance with the buffer plan drawings with native Georgia trees including Tulip Poplar, Maple, Cryptomeria and Pine trees in equal distribution to provide an effective visual screen. In no event will there be less than a 75-foot setback adjacent to the stream depicted on the site plan. The developer shall place the portion of the subject property within the stream buffer in a conversation easement . C. Provide bike racks within the development in accordance with the overlay standards. D. Provide internal access to any outparcel development. No direct access to Peachtree Parkway other than the shopping center entrance per Department of Transportation approval. E. Entrance/exits shall be allowed onto Peachtree Corners Circle per Department of Transportation approval. F. No billboards shall be permitted. 6  SUP2015-002 / CIC2015-001 G. Dumpsters shall be screened by an opaque decorative wall, at least six (6) feet in height, which will coordinate with the building architecture, and with a gated entry. Pick-up for dumpsters shall be limited to between the hours of 8:00 a .m. and 6:00 p.m. H. Buildings shall be finished with architectural treatments containing a mixture of glass, brick, stone and/or stucco. All sides shall have a 32- inch or greater water table of brick or stone, except where full length glass or doors are located. The elevations of the buildings shall be in general conformity with the materials presented at the October 16, 2007 meeting plans presented to and approved by the City Council at its May 19, 2015 meeting. All mechanical appurtenances and equipment and/or ductwork shall be screened from view. Screening shall coordinate with building architecture. I. Provide landscaped islands throughout the parking area, including a minimum ten- foot-wide landscaped island at the end of each parking bay and a minimum six-foot­ wide landscaped island for each 225 feet of continuous by length, or alternate plan as may be approved by the Director of Planning and Development. J. Provide or relocate and reconstruct sidewalks, as required, a minimum of five feet in width adjacent to Peachtree Parkway (U.S. Hwy. 141) and Peachtree Corners Circle. Sidewalks may meander along these roads where feasible and per DOT approval. Provide internal sidewalks connecting office, retail, and outparcel development. Submit pedestrian access plan for review and approval of the Director of Planning and Development. K. Outdoor lighting shall be contained in cutoff- type luminaries and shall be directed inward toward the property so as not to reflect into adjacent properties nor to create a hazard for passing automobile traffic. Any lights located on the rear of the building must be directed downward. L. Multi-tenant buildings shall be limited to wall signage only. Project signage shall be limited to one monument sign per road frontage except for one subdivision entrance sign and one primary ground sign adjacent to Peachtree Parkway. Monument signs shall coordinate with building architecture. M. Any detention ponds shall be visibly screened with landscape plantings to be approved by the Director of Planning and Development. N. No outside speakers shall be allowed other than on a bank usage, if any, or a Muzak system may be allowed provided no shrill or excessive noise and vibrations, amplified live entertainers, outside paging systems, phone bells, or loudspeakers will be allowed. Any Muzak system shall have downward-facing speakers and shall be inaudible ten feet from the speakers. O. Business hours are to be limited to Monday through Thursday from 7:00 a.m. to 12:00 midnight and Friday through Sunday from 7:00 a.m. to 2 a.m. Business hours 7  SUP2015-002 / CIC2015-001 for a coffee/bagel shop and any specialty gourmet food store(s) shall be 6:00 a.m. to 2 a.m. seven days a week. P. All food service facilities on the property, including outparcels, shall install odor scrubbers which remove 95% of cooking odors as determined by the Director of Community Development. Q. Developer shall provide a temporary 20-foot natural buffer, except for utility crossings, along the right-of-way of Peachtree Parkway and Peachtree Corners Circle. Temporary buffer may be removed upon issuance of a building permit. R. Truck delivery shall be made at the rear of the building and limited to the hours of 8:00 a.m. to 10:00p.m. S. No overnight parking or idling of delivery trucks shall be allowed. T. Operation of parking lot cleaning machinery or other maintenance equipment that emits noise shall be limited to the hours of 8:00 a.m. to 9:30 p.m. U. Prior to any grading or clearing, all buffers shall be clearly marked with bright orange tree save fencing to ensure that no improper or accidental buffer intrusions occur. V. Building Elevations shall be approved subject to the following: 1. Exterior building materials shall be primarily brick or stone on all building sides. 2. Appearance of the buildings shall substantially conform to the drawings prepared by Wakefield Beasley and Associates dated 2/27/15. 3. Planters with vegetation approved by the City Arborist shall be placed along the building exterior or, as an alternate, climbing plant material shall be installed at the base of the buildings or next to trellises or arbors. 4. Roof parapets shall be the same height along the entire roof line and all mechanical equipment (roof top and on the ground) shall be screened from ground view. 8  REZONING, SPECIAL USE PERMIT. OR CHANGE IN CONDITIONS APPLICATION AN APPLICATION TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF PEACHTREE CORNERS, GEORGIA APPLICANT INFORMATION OWNERINFO.R MATION Robert s Properties Peachtre4~ NAME: CFW&S Investments, LLC NAME: Retail, LLC ADDRESS: l550 N . Bro wn Rd . ,Ste.125 ADDRESS: 375 Northridge Rd . 1 Ste331 CITY: Lawrenceville CITY: Atlanta 30043 GA STATE: GA ZIP: STATE: ZIP: 30350 PHONE: (770) 2 32-0000 PHONE: ( 770) 394-6000 E-MAIL: gdavids on@mptlawf irm. com E-MAIL:dphillips@robertsproperties c om CONTACT PERSON: Gerald Davidson, Jr. PHONE: (770) 23 2- 0000 CONTACT'S E-MAIL: gdavidson@m2tlawfirm . com APPLICANT IS THE: 0 OWNER'S AGENT 0 PROPERTY OWNER GCONTRACT PURCHASER PRESENT ZONING DISTRICTS(S): C- 2 REQUESTED ZONING DISTRICT: c- 2 , wi t h CI C LAND DISTRICT(S):_ 6_ _ LAND LOT(S): ---'3~0~1_ _ACREAGE: __ o_._6_77_ _ __ ADDRESS OF PROPERTY:52 4 2 Peachtree Parkwa y, Peachtree Corn er s, GA 3 0092 Re tail sto r e for the s a l e o f ma l t b ev e r ages , PROPOSED DEVELOPMENT: wine and di s t i l l ed spirits w .P ;z,o It;- QO -i,, Staff Use Only This Section/ 4 "2.Af1(~ Case Number:_ C_A C.._ 2AJ _ 's- _ -_ 00 _ _ Hearing Date: P/c 4/14/tfc1c S71'i/1Received Date: 3/i..,,/1~ _1 Fees Paid: ~ ¥;-z> By: J . CU~ Related Cases & Applicable Conditions: Description: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ __ PAGE2  RESIDENTIAL DEVELOPMENT NON-RESIDENTIAL DEVELOPMENT No. of Lots/Dwelling Units _ _ _ _ _ _ __ No. of Buildings/Lots:_1_ _ _ _ __ Dwelling Unit Size (Sq. Ft.): - - - - - - ­ Total Bldg. Sq. Ft.:__7_s_o_o_ _ __ Gross Density: _1_1_,_o_?_s_ _____ FEE SCHEDULE 1. Rezoning, Change-in-Conditions and Special Use Permit Fees - Residential Zoning Districts (note: a Special Use Permit related to a rezoning case shall not incur an additional fee) A. For the following single-family residential zoning districts: RA-200, R-140, R-LL, R-IOO, R-75, RL, MHS. O - 5 Acres = $ 500 > 5 - 10 Acres= $1,000 > 10- 20 Acres= $1,500 > 20 - 100 Acres=$ 2,000 > 100 - Acres = $ 2,500 plus $40 for each additional acre over 100 Maximum Fee: $10,000 B. For the following single and multifamily residential zoning districts: R-TH, RMD, RM-6, RM-8, RM-10, RM-13, R-SR, MH, R-60, R-ZT, R-75 MODIFIED or CSO, and R-100 MODIFIED or CSO. 0 - 5 Acres = $ 850 > 5 - 10 Acres= $1,600 > 10- 20 Acres= $2, 100 > 20 - 100 Acres = $2,600 > 100 - Acres = $3,200 plus $40 for each additional acre over 100 2. Rezoning, Change-in-Conditions and Special Use Permit Fees - Non-Residential Zoning Districts (note: a Special Use Permit related to a rezoning case shall not incur an additional fee) For the following office, commercial and industrial zoning districts: C-1, C-2, C-3, 0-1, OBP, M-1, M-2, HS, NS. 0 - 5 Acres = $ 850 > 5 - 10 Acres = $1,600 > 10- 20 Acres= $2, 100 > 20 - 100 Acres = $2,600 > 100 - Acres = $3,200 plus $50 for each additional acre over 100 3. Mixed-Use (MUD and MUO) or Hiqh Rise Residential (HRR) Application Fee - $1,200 plus $75 per acre (maximum fee - $10,000) 4. Chattahoochee Corridor Review (involving a public hearing) - $150. 5. Buffer Reduction (Greater than 50%) Application Fee - $500. 6. Zoning Certification Letter - $100 (per non-contiguous parcel). PAGE3  LETTER OF INTENT FOR SPECIAL USE PERMIT AND CHANGE IN CONDITION APPLICATIONS OF CFW&S INVESTMENTS, LLC CFW&S Investments, LLC, hereby submits this Public Hearing Application on behalf of itself and Peachtree Corners Fine Wine & Spirits, LLC to allow Peachtree Corners Fine Wine & Spirits, LLC to construct and operate a retail establishment for the sale of malt beverages, wine and distilled spirits under the name Corners Fine Wine & Spirits. CFW&S Investments, LLC, Peachtree Corners Fine Wine & Spirits, LLC and Corners Fine Wine & Spirits shall be referred to collectively hereafter as the "Applicant". The tract that is the subject of these applications, (the "Prope1ty") consists of 0.677 acres and is pat1 of a tract of approximately 6.5 acres located along Peachtree Parkway at or near its intersection with Peachtree Corners Circle. The tract, of which the Property is a part, is currently governed by conditions placed upon it under CIC-08-021, a resolution that was approved by the Gwinnett County Board of Commissioners prior to the incorporation of the City of Peachtree Corners. As a part of CIC-08-021, liquor stores are prohibited. Accordingly, the Applicant seeks a Change in Condition to have that condition removed to allow for its intended use. Additionally, pursuant to Ordinance 2015-01-38, the City of Peachtree Corners amended A11icle XIII of the 2012 City of Peachtree Corners Zoning Resolution by adding "Liquor Store" as a Special Use within the C-2 and C-3 Zoning Districts. Because the Property is currently zoned C-2, in accordance with the subject Ordinance, Applicant seeks a Special Use Permit to allow for the operation of a liquor store on the Propetty. At its February 17, 2015 Council Meeting, in addition to adopting Ordinance 2015-01-38, the City adopted Ordinance 2015-01-37 amending Chapter 6, Alcoholic Beverages, of the 2012 City of Peachtree Comers Code of Ordinances by adding provisions to allow for the retail sales of distilled  spirits-liquor stores and to amend Section 6-5 Distance Requirements. Applicant states that its plans and proposed use of the prope1ty are consistent with and meet all criteria and requirements of the two newly adopted Ordinances as referenced above. Additionally, Applicants have gone to great lengths with the design of its proposed building to ensure that all architectural features are consistent with and comply with the Overlay District requirements in which the Prope1ty is located. A copy of Applicant's building elevation is attached to this Letter oflntent as Exhibit "A" and is incorporated herein. Moreover, as stated elsewhere in this Application, Applicant and the seller of the Prope1ty have worked together to ensure compatibility with Applicant's proposed building and those seller contemplates having constrncted on its remaining prope1ty. Applicant also asserts that its proposed building is consistent with the design and appearance of adjacent and nearby properties in the Forum Shopping Center across Peachtree Parkway and those improvements to be built in the City's Town Center. Applicant proposes to build a retail store consisting of 7,500 square feet, dimensions of 125 feet by 60 feet. The Site Plan attached hereto contemplates adequate parking for the Prope1ty and its proposed use and provides for interparcel access among adjoining tracts on the seller's remaining prope1ty as well as Chase Bank located immediately adjacent to the Prope1ty. Applicant also points out that its seller, Roberts Prope1ties Peachtree Retail, LLC, has previously filed with the City a Public Hearing Application request for Site Plan Approval and for related variances. A review of that application and the documents filed in support of it indicate that the Property will be part of the overall plan that is compliant with the City's overlay standards as set forth in Section 13 I 5 of the Zoning Ordinance together with the City's other development related ordinances such as the Buffer, Landscape and Tree Ordinance and other rnles and regulations of the City pertinent to the Prope1ty. The Applicant welcomes the opportunity to meet with the staff of the Department of Community Development of the City to answer any questions or to address any concerns relating to the matters set fo1th in this Letter of Intent or the Public Hearing Applications filed herewith. The Applicant respectfully requests your approval of this application. ThiO,_~ay of March, 2015. Respectfully submitted, CFW&S INVESTMENTS, LLC I  " - PIAllJIEHS JJID £HCIH£KHS COIJJ,BOl/Al/Y£ ROBERTS PROPERTIES, INC.  .", I cll!IUlJfJJ!l['J:I IVl ; I ' !' ~ dli.I ~ 11111 ' I ' I ' I • I I I I I  LEGAL DESCRIP.TION ALL THAT TRACT OR PARCEL OF LAND lying and being in Land Lot 301, 16th District, City of Peachtree Comers, Gwinnett County, Georgia and being more particularly.described as follows: Commencing from a point at the intersection of the Nmiheastem Right-of-Way line of Peachtree Comers Circle (Right-of-Way Varies) and the Southeastern Right-of-Way line of Peachtree Parkway (Right-of­ Way Varies); Thence leaving said intersection and traveling along said Right-of-Way line ofPeachtree Parkway in a Nmiheasterly direction, along an arc of a curve to the right, with an arc length of 193 .28 feet, having a radius of 11,459.16 feet, being subtended by a chord bearing No1ih 29 degrees 10 minutes 05 seconds East, a distance of 193.28 feet to a 5/8" rebar found, said rebar being the TRUE POINT OF BEGINNING; Thence continuing along said Right-of-Way, along an arc of a curve to the right, with an arc length of 34.18 feet, having a radius of 11,459 .16 feet, being subtended by a chord bearing North 29 degrees 44 minutes 13 seconds East, a distance of34.18 feet to a point; Thence continuing along said Right-of-Way, North 29 degrees 49 minutes 23 seconds East, a distance of91.81 feet to a point; Thence leaving the Southeastern Right-of-Way line of Peachtree Parkway (Right-of-Way Varies), South 60 degres 14 minutes 51 seconds East, a distance of233.60 feet to a point; Thence South 29 degrees 42 minutes 49 seconds West, a distance of 126.33 feet to a point; Thence.North 60 degrees 09 minutes 53 seconds West, a distance of22.01 feet to a point; Thence North 60 degrees 09 minutes 53 seconds West, a distance of21 l.78 feet to a 5/8" rebar found on the Southeastern Right-of-Way line ofPeachtree Parkway (Right-of-Way Varies), said rebar being the TRUE POINT OF BEGINNING. Said tract containing 0.677 acres.  SITE LOCATION MAP (NTS) ” ”  CITY OF PEACHTREE CORNERS COMMUNITY DEVELOPMENT 147 Technology Parkway, Suite 200, Peachtree Corners, GA 30092 Tel: 678.691.1200 | www.cityofpeachtreecornersga.gov PUBLIC HEARING 5242 PEACHTREE PARKWAY CASE NUMBER: SUP2015-002 & CIC2015-001 PLANNING CITY COUNCIL CITY COUNCIL ST ND COMMISSION 1 READING 2 READING HEARING DATES: 4-14-15 4-21-15 5-19-15 7pm 7 pm 7pm PROPERTY ADDRESS: 5242 PEACHTREE PARKWAY