Planning Commission

PLANNING COMMISSION AGENDA AUGUST 11, 2015 7:00 PM CITY HALL A. Roll Call B. Approval of June 9, 2015 Minutes C. Old Business: (None) D. New Business: (None) E. City Business Items: 1. Holcomb Bridge Road Corridor Study Update – Lord, Aeck, Sargent 2. PH2015-005 Amend Peachtree Corners Zoning Resolution to add ‘Fireworks Sales’ to the list of permitted uses within the C-2 zoning district. F. Comments by Staff and Planning Commissioners. G. Adjournment.  DRAFT COPY CITY OF PEACHTREE CORNERS PLANNING COMMISSION June 9, 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 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 APRIL 14, 2015 PLANNING COMMISSION MEETING. By: Mark Willis Seconded by: Italia Metts Vote: Passed 5-0 (Willis, Metts, Houser, Kaplan, Middleton) OLD BUSINESS: (None) NEW BUSINESS: 1. SUP2015-003 Request Special Use Approval for a building elevations and restaurants associated with the Town Center project; and request amendments to certain Town Center regulations for property located in the 5100 block of Peachtree Parkway; 6th District ; Land Lot 301; Parcel 183. Mrs. Diana Wheeler, Community Development Director, provided background information regarding subject property and the applicant’s request. The applicant is requesting approval of the architecture (including materials and colors) of the commercial and residential buildings, approval of the submitted restaurant list, amending the Town Center Standards, Table ‘B’ to allow Townhouses to be 4 stories with a maximum height of 50 feet (instead of 3 stories and 40 feet), amending the Town Center Standards, Table ‘B’ , to allow the width of Townhouses to be 22 feet instead of 24 feet, and amending the height standards for retail/office buildings to allow a minimum of 2 stories or 2 stories Page | 1  DRAFT COPY in appearance. Mrs. Wheeler informed the Commission that after review of the applicant’s proposal and other relevant information, it is recommended that SUP2015-003 be approved with conditions. The conditions are listed in the Staff report located in the Planning Commission packet. Mr. Mike Lant of Fuqua Development represented the applicant. Mr. Lant explained to the Commission that for better negotiation purposes they would prefer to use the expanded restaurant list. Chairman Houser opened the floor for public comment. There was no public comment. A motion was made after discussion concerning the site plan for the development. It is noted that a few of the Commissioners felt that the buildings surrounding the park area did not give an inviting feel to the public. MOTION TO DENY SUP2015-003. By: Matt Houser Seconded: Italia Metts Vote: (4-1) (Houser, Metts, Kaplan, Willis) (Middleton opposed) CITY BUSINESS ITEMS: The Planning Commission meeting concluded at 8:20 PM. Approved, Attest: _____________________________ _______________________________ Matt Houser, Chairman Kym Chereck, City Clerk Page | 2  PH2015-005 Zoning Code Amendment Fireworks  CITY OF PEACHTREE CORNERS COMMUNITY DEVELOPMENT DEPARTMENT ZONING CODE AMENDMENT PLANNING COMMISSION DATE: AUGUST 11, 2015 CITY COUNCIL DATE: AUGUST 18, 2015 CASE NUMBER :PH 2015-005 PROPOSAL :AMEND ZONING CODE TO ADD THE RETAIL SALE OF CONSUMER FIREWORKS AS A PERMITTED USE IN C-2 RECOMMENDATION: APPROVE ZONING CODE AMENDMENT BACKGROUND: Georgia House Bill 110 legalized the sale of consumer fireworks effective July 1, 2015. Previously these types of fireworks were banned in Georgia. Consumer fireworks are described as the larger type of fireworks that for years have been sold to the general public in neighboring states. The new law specifically forbids local governments from prohibiting the sale of consumer fireworks in permanent locations (as opposed to temporary tent sales of sparklers and similar devices which have been and are still permitted). HB 110 also limits the extent to which permanent fireworks stores can be regulated by including this provision: the governing authority of a county or municipal corporation shall not enact additional regulation of the sale or use or explosion of such product or service, unless such additional regulation is expressly authorized by general law. At their June 16th meeting, the Peachtree Corners City Council adopted a moratorium resolution on Fireworks sales in order to allow time to determine appropriate locations and regulations for the retail sale of fireworks in permanent facilities. Staff has researched this issue to see what regulations are in place in other jurisdictions. In addition, staff researched other sources on this topic including a paper prepared by the Georgia Municipal Association that helps explain HB110 (see attached). While some other communities have also enacted moratoriums and have not concluded their work, many other communities in Georgia have chosen to treat fireworks as a retail sales product and allow the sale of fireworks in any commercial zoning district that permits retail stores. Since the fireworks law was recently enacted, there are no available model ordinances in Georgia. Staff research regulations in Washington, Texas, and Kansas where fireworks regulations are fairly strict to see what issues and concerns were addressed in their regulations. Although it’s helpful to know this information, much of it can’t be applied because of the limitations included in HB 110. For example, several States set distance requirements between  PH 2015-005 fireworks stores and schools, churches, and residences. HB 110 only allows distance to be measured from facilities with gasoline and from nuclear power plants. RECOMMENDATION: Amend Zoning Code Article XIII, Sec. 1308 to add Fireworks sales as a permitted use in C-2, as follows: Fireworks – retail sales of consumer fireworks within a permanent building shall meet the following requirements: 1. Building must meet overlay design standards, be free-standing, and be at least 2500 sq. ft. in size , but no greater than 10,000 sq. ft. in size 2. Must meet Gwinnett County Fire Dept. regulations, be built to ICC H3 building code requirements, and have two functioning fire extinguishers within proximity of where fireworks are stored. 3. Must be located at least 300 feet from a facility that sells, stores, or processes gasoline. 4. No Smoking signs shall be displayed at building entrance 5. All product storage shall be contained within the building 2