Planning Commission

PLANNING COMMISSION AGENDA January 12, 2016 7:00 PM CITY HALL A. Roll Call B. Approval of December 8, 2015 Minutes C. Old Business: (None) D. New Business: (None) 1. SUP2015-006 Adult Day Care Center. Request for a special use permit to allow an adult day care center in an M-2, Heavy Industry, zoning district on a portion of a 13.1 acre site located at 4350 Peachtree Industrial Blvd. in Dist. 6, Land Lot 268, Parcel 008, Peachtree Corners, GA E. City Business Items: 1. PH2015-008 M1 Uses in CBD. Request to amend the list of M-1 permitted uses within the CBD. 2. Congratulations to Alan Kaplan and Mark Middleton on their reappointment to the Planning Commission. 3. Election of Planning Commission Chairman and Vice-Chairman. F. Comments by Staff and Planning Commissioners. G. Adjournment.  DRAFT COPY CITY OF PEACHTREE CORNERS PLANNING COMMISSION December 8, 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 OCTOBER 13, 2015 PLANNING COMMISSION MEETING. By: Mark Middleton Seconded by: Mark Willis Vote: Passed 5-0 (Middleton, Willis, Houser, Kaplan, Metts) OLD BUSINESS: (None) NEW BUSINESS: (None) CITY BUSINESS: 1. Holcomb Bridge Road Corridor Study Final Report Mr. Matt Cherry of Lord, Aeck, Sargent gave an overview of the final report for the Holcomb Bridge Road Corridor Study. The discussion topics were as followed: 1. Present Trends and Conditions 2. Process, Public Engagement & Planning Themes 3. Planning Strategies 4. Capital Projects & Action Plan Page | 1  DRAFT COPY 2. Multi-Use Trail Study Update Mr. Marco Ancheita of Lord, Aeck, Sargent gave an update of the Multi-Use Trail Study. Among other items, it was determined that there will be approximately six miles of trail within the Tech Park area. A copy of the draft update is available at the City Clerk’s office. 3. PH2015-007 T-O Zoning Consideration of amending the City of Peachtree Corners Zoning Resolution, Art. XIII, by adding Sec. 1319, Trails and Open Space, along with a ‘T-O’ zoning map classification. Mrs. Diana Wheeler, Community Development Director, provided background information regarding the zoning amendment. Mrs. Wheeler explained that in order to accommodate the donation of land to the trail system and the assignment of the density of that donated land to another property, Staff is proposing an amendment to the zoning Code that will establish a new zoning classification. The new classification, Trails and Open Space (T-O), outlines the regulations for land donation and ensures that the donated land remains part of the trail system in perpetuity. In addition, the T-O regulations designates a density value for the donated land and identifies the means by which the density could be assigned to other properties within specified locations. Chairman Houser opened the floor for public comment. There was no public comment. MOVE TO RECOMMEND PH2015-007 TO COUNCIL FOR APPROVAL. By: Mark Middleton Seconded: Mark Willis Vote: (5-0) (Middleton Willis, Houser, Kaplan, Metts) The Planning Commission meeting concluded at 8:25 PM. Approved, Attest: _____________________________ _______________________________ Matt Houser, Chairman Kym Chereck, City Clerk Page | 2  SUP2015-006 Adult Day Care Center  CITY OF PEACHTREE CORNERS COMMUNITY DEVELOPMENT DEPARTMENT SPECIAL USE PERMIT ANALYSIS PLANNING COMMISSION DATE: January 12, 2016 CITY COUNCIL DATE: February 16, 2016 CASE NUMBER SUP2015-006 APPLICATION REQUEST Adult Day Care Center LOCATION 4350 Peachtree Industrial Boulevard PROPERTY SIZE 13.1 acres ZONING M-2 (Heavy Industry) FUTURE DEVELOPMENT MAP Preferred Office APPLICANT Kendall Z. Hall 1969 LeGrand Circle Lawrenceville, GA 30043 CONTACT: Kendall Hall 678-378-0866 OWNER: Kings Brothers, LLC 4350 Peachtree Industrial Boulevard Peachtree Corners, GA 30071 770-840-1090 RECOMMENDATION: Approval With Conditions PROJECT DATA: The applicant requests a Special Use Permit on a portion of a 13.1-acre parcel, currently zoned M-2 (Heavy Industry District), to allow an Adult Day Care Center. The property is located on the southwest corner of Peachtree Industrial Boulevard and Turman Drive, and currently has Special Use Permits granted by Gwinnett County in 2007 for a church and a private school. The applicant has stated that the building is currently being used for a part-time school. The property is developed with a one- to three-story building, and the site plan provided by the applicant shows the proposed Adult Day Care Center located in an existing suite near the north side of the structure. The letter of intent indicates the proposed hours of operation for the Adult Day Care Center would be from 8:00am through 2:00pm. The Center would serve up to 112 guests and staff, and is currently pending State licensing. The surrounding area is largely characterized by industrial and office uses, including properties immediately to the east, west, and south and numerous properties to the east and west between Peachtree Industrial Boulevard and Buford Highway. Properties immediately to the  SUP2015-006 north across Peachtree Industrial Boulevard are vacant, with single-family residences further to the north. The subject property is located within the Preferred Office district on the 2033 Comprehensive Plan’s Future Land Use Map. The property is not located within the City’s Livable Centers Initiative (LCI) Study Area. The Preferred Office area encourages office/professional and mixed- use development, while discouraging “all forms of industrial”. ZONING HISTORY: The property is currently zoned M-2 (Heavy Industrial District). Special Use Permits were granted by Gwinnett County in 2007 for a church and a private school at this location. 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 Comment: Yes. Staff’s Comment: In terms of the use and development of adjacent and nearby property, an Adult Day Care Center would not be significantly different than a school or church, which are currently permitted on the subject property. Adjacent and nearby properties are largely office or industrial in use, and a Special Use Permit for the proposed use within an existing structure would be suitable in this location. 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 Comment: No. Staff’s Comment: The proposed Special Use Permit would not alter the current site plan or building footprint on the subject property and would allow a use that would be unlikely to have any adverse impacts on the surrounding area. 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 Comment: Reasonable perhaps. However, the property is not currently under long-term lease and is not being utilized to its full capacity. Staff’s Comment: The property has a reasonable economic use as currently zoned. 2  SUP2015-006 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 Comment: No. The maximum expected occupancy at the location is 112 persons, with 89% of those being shuttled via passenger van during off-peak hours. Staff’s Comment: The proposed use would be unlikely to result in an excessive or burdensome use of streets, transportation facilities, utilities, or schools. As the applicant has stated that 89% of guests will utilize passenger van shuttles to the facility, traffic generation would be unlikely to be significantly higher than under the current Special Use Permit for a school, and would be unlikely to have a significantly higher peak-hour trip generation than under the current Special Use Permit for a church. There would be little effect on utilities and 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? Applicant’s Comment: The property is zoned M-2, but is currently housing an educational facility. The building itself, location, etc., is well-suited to our operational requirements. 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 property currently having Special Use Permits for non-industrial, non- office uses (church and school) gives supporting grounds for the approval of the proposed Special Use Permit for an Adult Day Care Center. COMPREHENSIVE PLAN: The 2033 Peachtree Corners Comprehensive Plan Future Development Map indicates that the property is located within the Preferred Office Character Area. All industrial uses are discouraged in this area, with office and mixed-use development encouraged. While an Adult Day Care Center is not an office use, it would add to the mixed-use nature of the area around the subject property while helping shift the property away from industrial uses. This would be in keeping with the intent of the Preferred Office Character Area. 3  SUP2015-006 DEPARTMENT ANALYSIS: The subject property is a13.1-acre tract on the southwest corner of Peachtree Industrial Boulevard and Turman Drive. The site is currently zoned M-2 (Heavy Industry District), which requires a Special Use Permit for a Day Care Center. Gwinnett County approved two Special Use Permits in 2007 on the property for a private school and a church. The property is currently developed with a one-story industrial structure attached to a two- and three-story office building. The proposed use would be entirely within the existing structure. The Future Development Map shows the property located in the Preferred Office district. Properties located immediately to the south, east and west, along with the majority of nearby properties, are developed with office and industrial uses. The proposed Special Use Permit would not change the existing scale of the structures on the property, would be compatible in use with these surrounding and nearby areas, and would be unlikely to place an excessive burden on existing streets, transportation systems, utilities, or schools. The Comprehensive Plan discourages all industrial uses within the Preferred Office character area, and promotes office and mixed-use development. Utilizing the subject property for a non- industrial purpose furthers the Comprehensive Plan’s objective. While an Adult Day Care Center is not listed as an appropriate use in this area, the Comprehensive Plan calls for the area to be home to “diverse employment- and revenue-generating businesses” and to allow for “transitions as economic demand changes.” An Adult Day Care Center would add to the diversity of businesses in the Character Area and would serve as an amenity to nearby residential areas. RECOMMENDATION: After review of the applicant’s proposal and other relevant information, it is recommended that SUP2015-006 be approved with the following conditions: 1. The Adult Day Care Center shall be developed in general accordance with the site plan submitted with this application. The proposed use shall be limited to space within the existing structures on the subject property. 2. The Adult Day Care Center shall be limited to a maximum of 112 guests and staff at any time. 3. Hours of operation shall be limited to 8:00am to 2:00pm, seven days per week. 4  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 Adult Day Care CASE NUMBER: SUP2015-006 PLANNING CITY COUNCIL CITY COUNCIL ST ND COMMISSION 1 READING 2 READING HEARING DATES: JAN. 12, 2016 JAN. 19, 2016 FEBRUARY 16, 2016 PROPERTY ADDRESS: 4350 PEACHTREE INDUSTRIAL BOULEVARD  PH2015-008 Limited M1 Uses in CBD  Memo TO: Planning Commission FROM: Diana Wheeler, Community Development Director DATE: January 12, 2016 ___SUBJECT: Limited M-1 Uses in CBD___________________________________ Peachtree Corners’ 2033 Comprehensive Plan established a vision for the City’s Central Business District that includes mixed-use developments, multi-use trails, and revitalized office and retail properties. The Town Center LCI study advanced that vision by identifying action items to be undertaken that would help implement the City’s long-term plan. One of those action items, Economic Development Initiative D4, states, “Develop overlay standards specific to the Central Business District”. Overlay standards can include many features such as requirements for lighting, signage, landscaping and building architecture. However, one of the most important features of an overlay standard is the regulation of uses. Most of the land within the City’s CBD is zoned M-1, Light Industry. This zoning classification includes uses that are inconsistent with the vision established for the CBD. Staff proposes that an amendment be made to the Zoning Code prohibiting the M-1 uses listed below within the CBD. These uses would continue to be allowed in other M-1 zoned areas of the city. In addition, provisions would be made for existing businesses that operate a prohibited use but are already in operation. Finally, uses that were approved through zoning or permitting but never activated, would also be addressed. M-1 Uses Proposed to be Prohibited Within the Central Business District: Automobile Body Repair Shop Mini-Warehouse or Self-Storage facility Baking Plant Outdoor Storage Cold Storage Plant Plastics Extrusion Plant Funeral Homes and Crematories Recovered Materials Processing Facility Ice Manufacturing/Packing Plant Sexually Oriented Businesses Laundry / Dry Cleaning Plant (does not apply to Soft Drink Bottling/ Distribution Plant retail pick-up facility) Truck Rental or Leasing Maintenance Shop (automobile fleet vehicles) Truck Fleet Maintenance Shop CITY OF PEACHTREE CORNERS COUNTY OF GWINNETT, STATE OF GEORGIA ORDINANCE 2016-01-63 AN ORDINANCE TO AMEND CITY OF PEACHTREE CORNERS ZONING RESOLUTION ART. XII, BY AMENDING SEC. 1310, M-1, LIGHT INDUSTRY DISTRICT, IN ORDER TO LIMIT PERMITTED USES WITHIN THE CENTRAL BUSINESS DISTRICT; REPEALING CONFLICTING REGULATIONS; AND SETTING AN EFFECTIVE DATE WHEREAS, the Mayor and Council of the City of Peachtree Corners are charged with the protection of the public health, safety, and welfare of the citizens of Peachtree Corners; and WHEREAS, pursuant to Section 1.12(a) of the City Charter, the City is charged with exercising the powers of zoning; and WHEREAS, the Mayor and Council desire to amend the 2012 Zoning Resolution; NOW THEREFORE, the Council of the City of Peachtree Corners hereby ordains, as follows: Section 1: The City of Peachtree Corners 2012 Zoning Resolution shall be amended by adding the following (underlined words): SECTION 1310 M-1 LIGHT INDUSTRY DISTRICT Permitted Uses Only the following uses shall be permitted within the M-1 Light Industry District and no structure shall be erected, structurally altered or enlarged for any use other than as permitted herein with the exception of a) uses lawfully established prior to the effective date of this amendment, b) special uses as permitted herein, c) accessory uses as defined in Article III, Definitions, or d) other uses which are clearly similar to and consistent with the purpose of this district, or e) limited uses (listed at the end of this section) for property located within the Central Business District (see CBD map). Permitted Uses within the Central Business district (see CBD map) a) All permitted M-1 uses shall be allowed on M-1 zoned property in the Central Business District except the following: Automobile Body Repair Shop Mini-Warehouse or Self-Storage facility Baking Plant Outdoor Storage Cold Storage Plant Plastics Extrusion Plant Funeral Homes and Crematories Recovered Materials Processing Facility Ice Manufacturing/Packing Plant Sexually Oriented Businesses Laundry / Dry Cleaning Plant (does not Soft Drink Bottling/ Distribution Plant apply to retail pick-up facility) Truck Rental or Leasing Maintenance Shop (automobile fleet Truck Fleet Maintenance Shop vehicles) CITY OF PEACHTREE CORNERS COUNTY OF GWINNETT, STATE OF GEORGIA ORDINANCE 2016-01-63 b) Businesses with an active business license that operate a use listed in a) shall be considered a legal, non-conforming use and may continue to operate for as long as the business license stays active and the business is not discontinued for six months or longer. c) Uses listed in a) that were authorized by zoning hearing, building permit, land disturbance permit or other similar approval, shall be void if the use did not become operational as evidenced by the issuance of a business license by 2/16/16. Section 2 All ordinances or parts of ordinances in conflict herewith are hereby expressly repealed. Effective this 16th day of February, 2016. Approved by: _______________________ _________________________ Kym Chereck, City Clerk Mike Mason, Mayor SEAL