Planning Commission

PLANNING COMMISSION AGENDA SEPTEMBER 8, 2015 7:00 PM CITY HALL A. Roll Call B. Approval of August 11, 2015 Minutes C. Old Business: (None) D. New Business: SUP2015-004 / RZ2015-003, 4805 Buford Hwy. Request to rezone from M-1, Light Industry, to C-2, Commercial, and approve a Special Use Permit for automobile sales on a 4.01 acre site located at 4805 Buford Hwy. in District 6, Land Lot 257, Parcel 7 E. City Business Items: 1. Peachtree Parkway Bridge Discussion – TY Lin Engineers 2. Multi-Use Trail Discussion – Lord, Aeck, Sargent and ALTA F. Comments by Staff and Planning Commissioners. G. Adjournment.  DRAFT COPY CITY OF PEACHTREE CORNERS PLANNING COMMISSION August 11, 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 Staff: Diana Wheeler, Community Development Director Kym Chereck, City Clerk Jennifer Davis, Deputy City Clerk MINUTES: MOTION TO APPROVE THE MINUTES FROM THE JUNE 9, 2015 PLANNING COMMISSION MEETING. By: Alan Kaplan Seconded by: Mark Willis Vote: Passed 4-0 (Kaplan, Willis, Houser, Metts) OLD BUSINESS: (None) NEW BUSINESS: (None) CITY BUSINESS ITEMS: 1. Holcomb Bridge Road Corridor Study Update – Lord, Aeck, Sargent Lord, Aeck, Sargent gave an overview of the progress on Holcomb Bridge Road Corridor Study. The discussion topics were as followed: 1. Planning Process & Schedule Recap 2. Public Engagement To Date a. Peachtree Corners Festival Booth b. Online Survey Highlights 3. Market Analysis 4. Planning Framework (draft) Page | 1  DRAFT COPY 5. Next Steps a. Second Public Meeting on August 20th b. Update for Planning Commission Meeting on September 8th 2. PH2015-005 Consideration of amending City of Peachtree Corners Zoning Resolution by adding ‘Fireworks Sales’ to the list of permitted uses within the C-2 zoning district. Mrs. Diana Wheeler, Community Development Director, informed the Commission of the amendment to Article XIII, Sec. 1308 of the Zoning Code. Staff recommends approval to Zoning Code Amendment. The recommendations are 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 Chairman Houser opened the floor for public comment. There was no public comment. MOTION TO APPROVE PH2015-005. By: Mark Willis Seconded: Italia Metts Vote: (4-0) (Willis, Metts, Houser, Kaplan) The Planning Commission meeting concluded at 8:35 PM. Approved, Attest: _____________________________ _______________________________ Matt Houser, Chairman Kym Chereck, City Clerk Page | 2  SUP2015-004 / RZ2015-003/ 4805 Buford Hwy. Auto Sales  CITY OF PEACHTREE CORNERS COMMUNITY DEVELOPMENT DEPARTMENT REZONING AND SPECIAL USE PERMIT ANALYSIS PLANNING COMMISSION DATE: September 8, 2015 CITY COUNCIL DATE: October 20, 2015 CASE NUMBER: RZ2015-003/SUP2015-004 CURRENT ZONING: M-1 PROPOSED ZONING: C-2 LOCATION: 4805 BUFORD HIGHWAY MAP NUMBERS: 6th DISTRICT, LAND LOT 257 ACREAGE: 4.01 ACRES PROPOSED DEVELOPMENT: REZONE FROM M-1 TO C-2 TO ALLOW A USED AUTOMOBILE DEALERSHIP FUTURE DEVELOPMENT MAP: INDUSTRIAL CORRIDOR OWNER/APPLICANT/CONTACT: CECIL E. TUCKER 4805 BUFORD HIGHWAY PEACHTREE CORNERS, GA 30071 770-446-8650 RECOMMENDATION: APPROVE WITH CONDITIONS PROJECT DATA: The applicant is seeking to rezone 4.01 acres on the north side of Buford Highway approximately 100 feet west of its intersection with Payne Road from M-1 (Light Industry District) to C-2 (General Business District), along with a Special Use Permit, in order to allow for a used car dealership. The property is currently used for heavy equipment rentals. The properties immediately to the east and west of the subject property are zoned M-1 and are characterized by automotive uses. Pickneyville Park, also zoned M-1, is located immediately to the north across the Norfolk Southern rail right-of-way. Light industrial and automotive uses characterize the area to the south across Buford Highway in unincorporated Gwinnett County, with several residential areas located nearby to the east and west. The majority of properties on the north side of Buford Highway within Peachtree Corners in this area are zoned M-1, with several properties zoned C-2 and M-2 (Heavy Industry District) and one property zoned C-3 (Highway Business District). Several used car dealerships are located within a mile of the subject property on the north and south sides of Buford Highway. The applicant has not provided a proposed site plan. His intent is to sell the property to an auto dealership, not to run that business, himself. The property currently has an office building near the front of the site, with an 18-space paved parking lot to the front and (south) and side (west) of this primary structure. The office building has the appearance of a converted single  RZ2015-003/SUP2015-004 family home. Behind the office building are a larger warehouse-type structure and unpaved lot toward the rear of the property. A stream runs through the property behind this lot, with a wooded buffer on either side. The site is located within the Industrial Corridor Character Area on the Future Development Map. The Industrial Corridor is intended to protect industrial and manufacturing uses. Light industrial, heavy industrial, and commercial/retail uses are considered appropriate, and sidewalks, aesthetic improvements, architectural and design standards, parking behind buildings, and natural buffers are encouraged. The City’s Zoning Resolution requires that used car dealerships obtain a Special Use Permit to operate in C-2 zoning districts. The purpose of the Special Use Permit review is to ensure that any detrimental aspects of the proposed land use are mitigated through site specific conditions. 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 the applicant’s response followed by 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? Applicant’s Response: Yes. Staff’s Comment: The subject property is located within the Industrial Corridor Character Area, which is largely characterized by automotive, industrial, and warehouse-type uses. The proposed use of a used automobile dealership would be suitable in this location in view of the use and development of adjacent and nearby properties. Many adjacent and nearby properties have automotive uses, and several parcels in the corridor are zoned C-2. B. Will this proposed rezoning, special use permit, or change in conditions adversely affect the existing use or usability of adjacent or nearby property? Applicant’s Response: No. Staff’s Comment: The City’s Comprehensive Plan calls for the preservation of industrial and commercial uses in the Industrial Corridor Character Area. C-2 zoning is currently found in several parcels along Buford Highway, and rezoning from a more intense M-1 designation would be likely to have fewer negative impacts on surrounding properties than uses allowable under the current M-1 zoning. 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? Applicant’s Response: Yes. 2  RZ2015-003/SUP2015-004 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? Applicant’s Response: No. Staff’s Comment: The impacts of a used car dealership on streets, transportation facilities, or utilities are unlikely to be excessive or burdensome in comparison to uses allowed under the current M-1 zoning, as C-2 is a less intense zoning designation. There will be no impact on schools. Likewise, the granting of a Special Use Permit for a used car dealership at this location is unlikely to result in impacts that would be considered excessive or burdensome. E. Is the proposed rezoning, special use permit, or change in conditions in conformity with the policy and intent of the land use plan? Applicant’s Response: Yes. 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? Applicant’s Response: No. Staff’s Comment: The fact that several C-2 properties and automotive uses (including used car dealerships) exist along Buford Highway near the subject property would give supporting rounds for approval of the rezoning and Special Use Permit petitions. COMPREHENSIVE PLAN: The 2030 City of Peachtree Corners Character Area Map indicates that the property is located within the Industrial Corridor Character Area. Policies for this area encourage light industrial, heavy industrial, and commercial/retail uses, which would include C-2 zoning and a used automobile dealership. The Comprehensive Plan also calls for “improved aesthetics and transportation management” to be part of corridor redevelopment. Sidewalks along Buford Highway are desired as part of redevelopment, and parking lots should be located to the rear of buildings along the roadway whenever possible. C-2 zoning and a Special Use Permit for a used car dealership in this location would meet the goals and policies of the Comprehensive Plan, provided that conditions are put in place to ensure that the stream to the rear of the property is properly buffered, parking is minimized between the structures on the site and Buford Highway, and that adequate pedestrian facilities are constructed along the roadway. 3  RZ2015-003/SUP2015-004 DEPARTMENT ANALYSIS: The proposed rezoning from the more intense M-1 district to the less intense C-2 district and a Special Use Permit for a used automobile dealership would be unlikely to have adverse effects on adjacent and nearby properties, which are typically industrial and automotive uses. While used car dealerships may have negative impacts on less intense commercial areas such as those characterized by office and retail uses, the north side of Buford Highway is characterized by heavy and light industrial and automotive uses. The sale of used cars on the subject property would be suitable in terms of the use of these adjacent and nearby properties. Properties to the north with less intense uses would have any potential negative impacts mitigated by the subject property’s adherence to current stream buffer regulations. The proposed rezoning and Special Use Permit would also be in keeping with the goals and policies of the City’s Comprehensive Plan, provided that certain conditions of rezoning are put in place. The subject property is located within the Industrial Corridor Character Area, which is intended to encourage heavy industrial, light industrial, commercial, and retail uses along Buford Highway. The intensity of uses along this corridor is typically higher than in commercial areas that are primarily office or retail in use, making the subject property a preferred location for a used car dealership within the Peachtree Corners. While M-1 properties make up the majority of this Character Area, C-2 properties and automotive dealerships are not uncommon. Imposing site specific conditions would ensure that the property meets current environmental regulations, as well as the goals and policies of the Comprehensive Plan for high-quality development along Buford Highway. New construction should be required to adhere to the City’s 50-foot undisturbed stream buffer and additional 25-foot impervious surface setback. The site currently adheres to a 25-foot stream buffer. With rezoning, impervious surfaces should be a minimum of 75 feet from the stream at the rear of the property, with 50 feet of undisturbed vegetation along both sides of the stream. This buffering would also serve to protect adjacent ant nearby properties to the north from any negative effects of the proposed development. Additional conditions would also be needed to ensure that the site’s architecture, design, landscaping, and accessibility meet the standards called for in the Comprehensive Plan. New development should include a minimum five-foot-wide sidewalk for the entire property frontage along Buford Highway, with pedestrian access to the primary structure. No new parking should be located between Buford Highway and the primary structure, and, if the current primary structure is preserved, it should maintain its residential character. New structures visible from Buford Highway should be constructed with complementary architectural features. The number of automobiles on site should also be limited to one per parking space. Inventory should be permitted only on paved surfaces and should not be allowed in the 50-foot stream buffer or additional 25-foot impervious surface setback. Automobile repair work on the site should be permitted only within enclosed structures. 4  RZ2015-003/SUP2015-004 Therefore, after review of the applicant’s proposal and other relevant information, it is recommended that RZ2015-004 and SUP2015-004 be approved with the following conditions: 1) Inventory shall be limited to one automobile per parking space. All vehicles must be parked in designated spaces and no ‘tandem’ or ‘valet’ parking shall be permitted. 2) No inventory shall be located on unpaved surfaces. 3) No new parking spaces shall be constructed between the existing office structure and Buford Highway. 4) Any public infrastructure upgrades that will be necessary to construct this project shall be the responsibility of the property owner/developer including the construction of a minimum five-foot-wide sidewalk along the public right-of-way along Buford Highway. 5) The site shall be brought into compliance with current stream buffer regulations, including a 50-foot undisturbed stream buffer and additional 25-foot impervious surface setback. 6) No billboards shall be permitted on the property. 7) All vehicle maintenance and mechanical work shall be conducted within an enclosed building. 8) No inoperable vehicles shall be stored outdoors. 9) Dumpsters shall not be located in front of the existing office structure and shall be screened by an opaque decorative wall, at least six (6) feet in height, which will coordinate with the building architecture. 10) Pursuant to Zoning Code Overlay Regulations, new 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. All mechanical appurtenances and equipment and/or ductwork shall be screened from view from the public right-of-way. Screening shall coordinate with building architecture. Final plans shall require approval by the Community Development Director. 11) Landscaped islands shall be provided 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 parking area by length. The Planning Commission may approve an alternate landscape plan. 12) 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 or to create a hazard for passing automobile traffic. 5  RZ2015-003/SUP2015-004 13) Permanent freestanding project signage shall be limited to one monument sign that shall coordinate with building architecture. 14) Any detention ponds shall be visibly screened with landscape plantings to be approved by the Planning Commission. 15) Outside speakers shall not be audible from adjacent properties. 16) 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. 17) All conditions must be met before a business license can be issued. 6  CITY OF PEACHTREE CORNERS COMMUNITY DEVELOPMENT 147 Technology Parkway, Suite 200, Peachtree Corners, GA 30092 Tel: 678.691.1200 | www.cityofpeachtreecornersga.com PROPERTY LOCATION MAP 4805 Buford Hwy. CASE NUMBER: SUP2015-004/RZ2015-003 PLANNING CITY COUNCIL CITY COUNCIL ST ND COMMISSION 1 READING 2 READING HEARING DATES: SEPT. 8, 2015 SEPT. 15, 2015 OCTOBER 20, 2015 PROPERTY ADDRESS: 4805 BUFORD HIGHWAY