Planning Commission

PLANNING COMMISSION AGENDA August 8, 2017 7:00 PM CITY HALL A. Roll Call B. Approval of July 11, 2017 Minutes C. Old Business: D. New Business: 1. CIC2017-003. Passion Fur Pups. Request to remove a condition of Gwinnett County rezoning case RZ1996-134 that prohibited pet shops and grooming establishments at the Jones Bridge Square shopping center at 5075 Peachtree Pkwy., Dist. 6, Land Lot 318, Peachtree Corners, GA E. City Business Items: 1. Discussion of zoning code amendments F. Comments by Staff and Planning Commissioners. G. Adjournment.  DRAFT COPY CITY OF PEACHTREE CORNERS PLANNING COMMISSION MINUTES June 13, 2017 7:00 PM The City of Peachtree Corners held a Planning Commission meeting on Tuesday, April 12, 2017. 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 Rocio Monterrosa, Deputy City Clerk Jeff Conkle, Planning and Zoning Administrator MINUTES: MOTION TO APPROVE THE MINUTES FROM THE APRIL 11, 2017 PLANNING COMMISSION MEETING. By: Mark Willis Seconded by: Italia Metts Vote: Passed 5-0 (Willis, Metts, Kaplan, Middleton, Houser,) OLD BUSINESS: 1. RZ2017-001 / V2017-001 Atlanta Paving. Request to rezone four parcels consisting of .65 acres from R-75 to M-1 along with associated variances to accommodate renovation and new construction at an existing business located at 6120 Second St. and 4500 Peachtree St, Dist. 6, Land Lot 251, Peachtree Corners, GA. Diana Wheeler, Community Development Director, gave a brief overview of the application and explained that staff is recommending approval of the application with the following conditions: Page | 1 PC2017-06-13 Minutes  DRAFT COPY 1. Parcels #2,3,5 and 6 (as shown on the Atlanta Paving Projects Overall Proposed Zoning Exhibit dated 2/2/2017) shall be rezoned M-1, light industry, and shall be developed in general conformity with the submitted site plan dated January 31, 2017. 2. Architectural elevations shall be substantially similar to the drawings submitted on January 31, 2017. 3. Access to the subject properties shall only be from Jones Mill Rd. and Peachtree Street. No commercial vehicles shall access the properties from Second St., Third St., Florida Ave., Georgia Ave., or Virginia Ave. 4. Building designs shall incorporate features that are compliant with Peachtree Corners’ Green Building Ordinance wherever practical. 5. The following Gwinnett County zoning conditions (from RZC 2008-00035 dated 1/22/2008) shall be required: a. Provide a 20-foot wide landscape strip along the frontage of Peachtree Street, Georgia Avenue and Second Street. Landscape strip to be planted with a double staggered row of American Holly, Foster’s Holly, Nellie R. Stephens Hollies, and Eastern Red Cedar a minimum of 6-feet in height and planted 10-feet on center. b. Provide a 30-foot replanted buffer adjacent to all residentially zoned property. c. No tents, canopies, temporary banners, streamers or roping decorated with flags, tinsel, or other similar materials shall be displayed, hung or strung on the site. Yard and / or bandit signs shall be prohibited. d. Ground signs shall be limited to a single externally illuminated monument type sign with a maximum height of 5 ft. e. Billboards shall be prohibited on the property. f. Owner shall repaint or repair any graffiti or vandalism that occurs on the property within 72 hours. g. lighting shall be contained in cut-off type luminaries and shall be directed in toward the property so as not to shine directly into nearby residentially zoned properties. h. No outdoor loudspeakers shall be allowed. i. Hours of operation shall be limited from7AM to 7PM. Page | 2 PC2017-06-13 Minutes  DRAFT COPY j. Obtain all necessary development and building permits, and bring the site up to all applicable standards. k. Outdoor storage shall be prohibited. l. Equipment, work vehicles, and materials must be parked and/ or stored within a fenced storage yard. Alan Kaplan asked if applicant was in compliance with the 2008 rezoned set of conditions from Gwinnett County. Mrs. Wheeler stated that to her knowledge, the applicant was not in compliance. The applicant was represented by Mr. Matt Reeves of Andersen, Tate & Carr, P.C. Mr. Reeves gave a brief presentation and responded to the recommended conditions. The purpose of adding a new office building on one parcel is to enhance the attractiveness of the area that is visible from the rail road tracks on Buford Hwy. and by planting an initial 6-foot row of landscape will hinder the visibility of the architectural upgrade design. Mr. Reeves stated that his client, Atlanta Paving, has heard the residents concern and will honor the working hours 7AM – 7PM and up keep of landscaping. Chairman Houser opened the floor for public comment. There were three people who spoke in opposition to the application and two people who spoke in support. The opposition expressed concern with noise, litter, the safety of children on the streets contending with truck traffic, and the lack of privacy. A motion was made after discussion on how the improvements will be positive for the area, but issue of not being a good neighbor is concerning. Commissioners urged applicant to keep maintenance of the outside of the building while building positive relationships with surrounding neighbors. MOTION TO APROVE RZ2017-001 / V2017-001 ATLANTA PAVING WITH STAFF RECOMMENDATIONS EXCEPT FOR SECTION 5a: LANDSCAPING PLAN AS TO BE APPROVED BY THE DIRECTOR AND INCLUDE CONDITION M: NO VEHICLE WASHING OR DETAIL SHOULD TAKE PLACE ON PARCELS 1-6 By: Mark Middleton Seconded: Mark Willis Vote: (5-0) (Middleton, Willis, Kaplan, Houser, Metts) 2. RZ2017-002 / V2017-003 Atlanta Paving. Request to rezone a 3.5 acre parcel from R-75 to M-2 along with associated variances to accommodate an equipment storage and parking lot located near the 6100 and 4500 blocks of Florida Ave., Dist. 6, Land Lot 251, Peachtree Corners, GA Page | 3 PC2017-06-13 Minutes  DRAFT COPY MOTION TO DENIED THE APPLICATION RZ2017-002 / V2017-003 ATLANTA PAVING WITHOUT PREJUDICE By: Matt Houser Seconded: Mark Middleton Vote: (5-0) (Houser, Middleton, Kaplan, Willis, Metts) 3. PH2017-003 Town Center Building Elevations. Request to approve building elevations for retail and restaurant buildings located at the Town Center in the 5400 Block of Peachtree Parkway, Dist. 6, Land Lot 30, Peachtree Corners, GA. Diana Wheeler, Community Development Director, gave a brief update of the application and provided three options for the board to approve the parking deck design that faces the trail. The preferred choice would be added to the rear and theater side elevations of the parking deck. MOTION TO APPROVE BUILDING ELEVATIONS FOR RETAIL AND RESTAURANT BUILDINGS LOCATED AT THE TOWN CENTER WITH THE SCREENING OPTION 2 AS PRESENTED BY STAFF. By: Alan Kaplan Seconded: Mark Willis Vote: (5-0) (Kaplan, Willis, Houser, Middleton, Metts) NEW BUSINESS: 1. CIC2017-001. North Atlanta Volleyball Club. Request to remove a condition of Gwinnett County rezoning case RZ63-81 that limited the property to office/warehouse uses only to accommodate construction of a new indoor recreation facility located at 3130 Northwoods Pl., Dist. 6, Land Lot 271, Peachtree Corners, GA Applicant withdrew application 2. CIC2017-002. Ingles Gas Station. Request to remove a condition of Gwinnett County rezoning case RZ1996-134 that prohibited convenience stores with gas pumps and to remove a condition that prohibited more than 5 outparcels to accommodate construction of a new gas station located at the Ingles shopping center at 5075 Peachtree Pkwy., Dist. 6, Land Lot 318, Peachtree Corners, GA Diana Wheeler, Community Development Director, gave a brief overview of the application and explained that staff is recommending approval of the application with the following conditions: 1. The development shall be built in general conformity to the submitted site plan dated February 8, 2017. Page | 4 PC2017-06-13 Minutes  DRAFT COPY 2. The development shall abide by all requirements of Section 1315 of the zoning ordinance (Activity Center/Corridor Overlay District). In addition: a. The gas canopy support columns shall be faced in their entirety with brick and/or stone. b. The gas canopy roof shall be pitched with standing-seam metal roof in a color approvable in the Overlay District c. The cashier/convenience kiosk shall be faced on all four sides with materials compliant with the Overlay District 3. Building designs shall incorporate features that are compliant with Peachtree Corners’ Green Building Ordinance wherever practical. 4. Outdoor lighting shall be contained in cutoff-type luminaries, shall be directed inward toward the property so as not to reflect into adjacent properties or to create a hazard for passing automobile traffic, and shall only be as bright as needed for safety on the site. 5. In accordance with Chapter 54 of the City Code, signage shall be limited to the following: a. Two signs per canopy face with a maximum of eight square feet per sign. b. Spreader bars (signs located under canopy over pumps islands) shall be limited to no more than two signs per spreader bar, not to exceed four square feet per sign. However, total square footage for all spreader bars shall not exceed 24 square feet. 6. The following amended zoning conditions form RZ1996-134: Page | 5 PC2017-06-13 Minutes  DRAFT COPY The applicant was represented by Mr. Preston Kendall. Mr. Kendall gave a brief presentation stating that they had a neighborhood meeting and received feedback. Mr. Kendall also stated that the main reason that they would like to put a gas station is for the convenience of their customers and will be able to meet the staff’s recommendations. Chairman Houser opened the floor for public comment. There were six people who spoke in opposition to the application stating increase in traffic, lighting, noise, walkability and environmental concerns were reasons for opposing the gas station. MOTION TO DENY THE REMOVAL OF A CONDITION OF GWINNETT COUNTY REZONING CASE RZ1996-134 THAT PROHIBITED CONVENIENCE STORES WITH GAS PUMPS AND TO REMOVE A CONDITION THAT PROHIBITED MORE THAN 5 OUTPARCELS TO ACCOMMODATE CONSTRUCTION OF A NEW GAS STATION LOCATED AT THE INGLES SHOPPING CENTER AT 5075 PEACHTREE PKWY., DIST. 6, LAND LOT 318, PEACHTREE CORNERS, GA By: Mark Willis Seconded: Italia Metts Vote: (5-0) (Willis, Metts, Houser, Kaplan, Middleton) CITY BUSINESS ITEMS: There were no city business items. COMMENTS BY STAFF AND PLANNING COMMISSION: Diana Wheeler, Community Development Director, informed the Commission that there would be no meeting for the month of July. The Planning Commission meeting concluded at 9:12 PM. Approved, Attest: _____________________________ ____________________________________ Matt Houser, Chairman Rocio Monterrosa, Deputy City Clerk Page | 6 PC2017-06-13 Minutes  CIC2017-003 Passion Fur Pups  CITY OF PEACHTREE CORNERS COMMUNITY DEVELOPMENT DEPARTMENT CHANGE IN CONDITIONS ANALYSIS PLANNING COMMISSION DATE: AUGUST 8, 2017 CITY COUNCIL DATE: SEPTEMBER 19, 2017 CASE NAME: PASSION FUR PUPS CASE NUMBER: CIC2017-003 CURRENT ZONING: C-2 LOCATION: 5075 PEACHTREE PARKWAY MAP NUMBERS: 6th DISTRICT, LAND LOT 318 ACREAGE: 16.45 ACRES: ENTIRE SHOPPING CENTER 8.63 ACRES: THIS PARCEL PROPOSED DEVELOPMENT: CHANGE IN CONDITIONS TO ALLOW PET GROOMING AT AN EXISTING SHOPPING CENTER BY REMOVING A CONDITION PROHIBITING PET SHOPS AND GROOMING ESTABLISHMENTS FUTURE DEVELOPMENT MAP: PREFERRED OFFICE APPLICANT: SYLVIA WHITE 2451 INVERLOCH CIR DULUTH, GA 30096 CONTACT: BUDDY SMALL 404-202-0012 OWNER: ICM VI JONES BRIDGE SQUARE LP 445 BISHOP ST NW #100 ATLANTA, GA 30318 RECOMMENDATION: APPROVE WITH CONDITIONS  CIC2017-002 SUMMARY: The applicant is seeking to change the conditions of a past rezoning case at a shopping center property totaling 16.45 acres. The properties consist of a main shopping center parcel containing an Ingles grocery store as well as numerous smaller retail shops and restaurants and five outparcels containing a mix of retail, restaurant, educational, and medical office uses. These parcels are located on the west side of Peachtree Parkway just north of Jones Bridge Road. These properties are adjacent to R-75 single-family properties to the rear. The applicant requests to change a condition of past rezoning case RZ1996-134. This condition states that pet shops and grooming establishments are prohibited uses. The pet grooming establishment occupies a 1700-square-foot space known as Suite 106. The groomer plans to operate Tuesday through Saturday. The hours of operation are 8:30 a.m. to 4:00 p.m. weekdays and 10:00 a.m. to 4:00 p.m. Saturdays. ZONING HISTORY: The entire 16.45-acre property was rezoned from C-1 and O-I to C-2 in 1993 (Case RZ1993- 079). A subsequent rezoning (Case RZ1996-134) allowed for a change to conditions for the construction of the McDonald’s restaurant on one of the outparcels. At that time, additional conditions were placed on the property, one of which the applicant is seeking to change. The condition reads as follows: 2  CIC2017-002 DEPARTMENT ANALYSIS: The proposal for pet grooming is consistent with standard C-2 zoning and would be located in a shopping center that is already home to numerous neighborhood-serving commercial establishments, including a grocery store, numerous restaurants, a pharmacy, a tutoring center, a dentist office, a music shop, and a dry cleaner amongst others. Additionally, the location of the grooming establishment is approximately 250 feet from the nearest residential rear property line across Jones Bridge Road (these homes are on Wild Ginger Cove). It is also approximately 325 feet from the nearest residential property line on Avala Park Lane (behind the Ingles grocery store). The residential neighborhood on Coventry Park Lane across Peachtree Parkway from the grooming establishment is 650 feet away at its nearest point. This neighborhood is located behind an existing stand of tall evergreen trees. Staff confirmed that the applicant’s business is licensed by the state Department of Agriculture. The Health Department does not regulate grooming shops nor require any distance between grooming shops and other uses such as the nearby restaurants and grocery store. The applicant started the pet grooming business without a city business license. The application for a license had been submitted, but had not been received when the shop opened to customers. The applicant is now attempting to correct an outstanding code violation by pursuing this public hearing application. However, in the intervening month since the pet grooming business has been operational, there have been no neighbor complaints about any aspects of the business and staff has had an opportunity to assess the daily activities. Staff observed the site on five separate occasions once a day from Monday, July 17 through Friday, July 21, 2017 at various times of the business day. Staff observed both the front and rear of the tenant space and the surrounding parking areas, sidewalks, and landscaping. Each of the five visits resulted in the same observations: • No noise from dogs, other animals, equipment, or any other source could be heard in the service area behind the building nor in the public area in front of the shop. • No smells from any dog waste or grooming by-products were noticeable behind the shop nor in the front. • No refuse, inventory, or any other objects were stored in the area behind the building nor in the front. • No dog waste was observed in the landscaped islands in the parking lot. Staff also toured the shop during business hours and found it to be clean and free of odors, waste, debris, or other undesirable conditions. During the visit, two dogs were in the process of being groomed and no excessive noise was heard. RECOMMENDATION: After review of the applicant’s proposal and other relevant information, it is recommended that CIC2017-003 be approved subject to the following conditions: 3  CIC2017-002 1. Gwinnett County case RZ1996-134 condition ‘A’ shall be amended to remove “pet shops or grooming establishments” as a prohibited use. 2. The applicant shall ensure that the parking lot, sidewalks, and landscaped areas within 100 feet of the business in all directions shall be maintained free of dog waste. 3. No overnight stays or kennel-type business is permitted. 4. Signage shall be in conformance with Chapter 54 of the City Code and the Activity Center/Corridor Overlay District standards. 4 Passion Fur Pups  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 Passion Fur Pups CASE NUMBER: CIC2017-003 PLANNING CITY COUNCIL CITY COUNCIL COMMISSION 1ST READING 2ND READING HEARING DATES: AUG. 8, 2017 AUG. 15, 2017 SEP. 19, 2017 PROPERTY ADDRESS: 5075 Peachtree Pkwy.  Discussion Item Zoning Code Amendments  Memo TO: Planning Commission FROM: Diana Wheeler, Community Development Director DATE: August 8, 2017 SUBJECT: Code Amendments __________________________________________________________________________ Staff has identified a number of key issues in the Zoning Ordinance which continue to be problematic and need to be addressed through appropriate code amendments. The following list of issues contains those which are the most important: 1. Additional standards for residential accessory structures Zoning Code Art. VI, Section 600 stipulates the requirements for residential accessory structures as follows: Section 600. - Accessory Uses or Structures. Accessory structures shall be permitted only in rear yards, except as otherwise provided in this Resolution. In an R (residence) district, accessory uses customarily located within front or side yards of residences may include but shall not be limited to the following: walls and fences as permitted in Section 700, mailboxes, driveways, walkways, lamp posts, landscaping, vegetable gardens provided they do not exceed 30 percent of the front yard, signs meeting the standards of the City Sign Ordinance and basketball goals adjacent to driveways. No accessory uses or structures, except driveways, mailboxes or landscaping shall be located within a public right-of-way. Accessory uses customarily located within rear yards of residences may include but shall not be limited to the following: storage buildings, patios, swimming pools, dog runs, dog pens and houses, detached garages, tennis courts, playground equipment, fences and walls as permitted in Section 700. Any accessory use or structure, except walls, fences, driveways and landscaping, shall be set back not less than five (5) feet from any lot line, except as otherwise provided within the R-TH and R-ZT zoning districts, and except for permitted encroachments as authorized in Section 705. • Concern is that there is currently no maximum size for residential accessory structures which could lead to a detached accessory structure dwarfing the size of the primary structure. A rear yard shed, for example, is currently not prohibited from being larger than the main house on a residential property.  • Research indicates that Gwinnett County limits the size of accessory structures to 50% of the main structure; Duluth limits the size to 20%; Johns Creek limits the size to 33%; and Norcross limits the size to 50%. • Staff proposes to limit the size of accessory structures to no more than 20% of the size of the primary structure on a residential lot. 2. Administrative variances for residential fence height • Residential properties are currently limited to the following fence heights: 4’ in the front yard and 8’ in the side and rear yards. • Occasionally, circumstances arise when a property’s front yard is directly adjacent to and surrounded by other properties’ side and rear yards. In this scenario, the first property’s front yard is limited to a 4’ high fence which could adjoin fences of up to 8’ in height, leading to an inconsistent streetscape along the public right-of-way. • Staff proposes that an administrative variance option be added to Zoning Code Section 1610, Administrative Variances, to allow Staff the opportunity to facilitate fence height consistency when such requests are made. Currently, no administrative variances for fence heights are allowed. 3. Additional permissions for car rental facilities • Currently car rental facilities are permitted only in the C-3, M-1, and M-2 districts. • New and used car sales are a special use in the C-2 district. • Gwinnett County permits this use in the C-2 district; Duluth permits this in the Highway Commercial district (similar to Peachtree Corners’ C-3 district); Johns Creek permits this in C-2; and Norcross does not permit this use. • There are several long-standing car rental businesses in Peachtree Corners located in C-2 districts. These businesses were authorized by Gwinnett County prior to the city’s incorporation. • Staff proposes that car rental facilities be added as a special use to the C-2 district.